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And for the more effectual execution and performance of the Power to premifes, we do hereby further for us, our heirs and fucceffors, officers for carimpower and authorize the faid Robert Cholmondeley and his heirs, rying on the executors, and adminiftrators, from time to time to conftitute and office, by the appoint, by any writing under his or their hands and feals, fuch commiffioners inferiour officers, for the better expediting and carrying on the of the Treasury: fervice in relation to the faid office, as by nomination, warrant, and direction from the commiffioners of the Treafury, or high treasurer of us, our heirs and fucceffors for the time being, the faid Robert Cholmondeley, his heirs, executors, or adminiftrators, fhall be directed; and them from time to time to fufpend, remove, and and to fufpend difplace, as to him the faid Robert Cholmondeley, his heirs, by the allow executors, or administrators, with the allowance or direction of the commiffioners. commiffioners of the Treafury, or high treasurer of us, our heirs and fucceffors for the time being, fhall be thought neceffary and expedient.

or difplace them

ance of the faid

rents, prizes,

other branches

revenue, that

beginning of

Restoration,

And further, it is our exprefs will and pleasure that by the name All arrears of and ftile of rents, revenues, prizes, fines, efcheats, forfeitures, fines, duties, and duties, and profits arifing, due, and payable unto us, our heirs and of the fucceffors, within the faid dominions, be understood and comprized to all intents and purposes, amongst other things, all, and all due fince the manner of arrears of monies, rents, revenues, prizes, and prize- the first Dutch goods, fines, forfeitures, efcheats, duties, and profits which have war after the arifen within our faid dominions of America, and which are due, fhall be recovered, stated, and payable, and accountable unto us, our heirs and fucceffors, by any audited by the perfon or perfons whatfoever by caufe or reafon of any matter or grantee. thing happened, or done, fince the beginning of the first war which was between his faid late Majesty King Charles the Second and the States General of the United Netherlands fince his restoration, and not before, and that shall hereafter happen, fall, or become due to us, our heirs and fucceffors, during the continuance of this grant, and also all feizures and forfeitures fince that time lawfully belonging, or which shall at any time hereafter belong, unto us, our heirs and fucceffors, by virtue of any law or statute of England or of Great Britain, or other law which is or fhall be in force in any of our faid dominions in America refpectively, not hereby directed to be otherwife accounted for, or by reafon of any fpecial licence, grant, or charter held of us, whether the fame be made on land or upon the sea, in any part or parts whatsoever lying or fituate, or commonly accounted

4

All governours and other

crown belong

riea are to be

ing to the

accounted or esteemed to be lying or fituate, within the limits and bounds of America aforefaid.

And we do hereby for us, our heirs and fucceffors, require and officers of the command all governours, deputy-governours, councillors, and ing to the plan- commanders in chief, and their and every of their fubordinate tations in Ame-officers and minifters of us, our heirs and fucceffors respectively, aiding and affift- and all and every collectors, receivers, treasurers, and all other grantee in the officers and perfons whatsoever, of, in, or appertaining to, our faid colonies and dominions in America, from time to time to observe, obey, and fulfil our will and pleasure in all things concerning the premises, and to be aiding, favouring, and affifting the faid Robert Cholmondeley, his heirs, executors, and adminiftrators, and his or their deputy or deputies, in the due execution thereof.

execution of this office.

An exception

of the customs or duties on goods imported

nies in America:

And our will and pleasure is, and we do hereby declare our royal intention to be, that these presents, or any thing herein contained, into Great Bri- fhall not extend, or be conftrued to extend, to impower the said tain from colo- Robert Cholmondeley, or his heirs, executors, or adminiftrators, or any other perfon or perfons whatsoever, to act or intermeddle in or with the customs, impofts, or duties arifing in Great Britain for or upon any wares, goods, or merchandizes imported into Great Britain from our faid islands, colonies, and plantations in America, or with any bond or obligation, taken or to be taken in pursuance of any act of parliament at any time heretofore made in England or Great Britain, or with any rates or duties payable unto us, our heirs and fucceffors, for goods tranfported from one plantation to another plantation to by virtue of an act of parliament made in the twenty-fifth year of his faid late Majesty's reign; any thing herein contained to the contrary notwithstanding.

and of duties payable for

goods tranfport

ed from one

another, by virtue of the ftat, 25 Car. II.

Thefe letters patent, or the

thereof, fhall be

the benefit of

And lastly, we do by these presents for us, our heirs and successors, exemplification grant unto the faid Robert Cholmondeley, his heirs, executors, and good in law for adminiftrators, that these our letters patent, or the inrollment or the grantee, not- exemplification thereof fhall be good and effectual in the law, and withstanding fhall be allowed of as well in all courts of record as elsewhere in any mif-recital of the former England, as alfo within any of our faid islands, plantations, terriletters patent or tories, and dominions whatfoever, for his, the faid Robert Cholother imperfecmondeley's, his heir's, executor's, and administrator's exercising and enjoying the said office, profits, perquifites, advantages, and annuity

tion.

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or falary, according to the purport and true intent of these presents; without any further or other warrant in that behalf; notwithstanding the not fully or truly reciting the faid recited letters patent, or the date thereof, or any other imperfection, defect, matter, caufe, or thing whatsoever to the contrary thereof notwithstanding.

In witness whereof we have caused these our letters to be made patent.

Witness ourself at Westminster the twentieth day of November in the twenty-fifth year of our reign.

By writ of Privy Seal.

COCK S.

N. B. It might perhaps be doubted whether this commiffion comprehended the revenues of the province of Quebec, as that province did not belong to the crown of Great Britain at the time it paffed the great feal, and there are no words in it that expressly mention the future dominions of the crown in America: but the approbation hereafter following of the deputy-auditor appointed by Mr. Cholmondeley for this province by the lords commiffioners of his Majefty's Treasury, and the inftruction given by his Majefty himself to the governour of this province to cause a docket of every warrant he shall iffue for the furveying of lands, in order to their being granted, to be entered in the auditor's office, feem to be either a conftructive determination that it does extend to this province, or an actual extension of it for that purpose.

The

The Auditor-General's LETTER to the Lords Commiffioners of the Treasury, recommending and presenting to their Lordships Mr. JOHN BROOK, Clerk, as a fit Perfon to be the AUDITOR's DEPUTY for the Province of QUEBEC.

To the Right Honourable the Lords Commiffioners of his Majefty's Treafury.

My Lords,

TH

HE office of Surveyor and Auditor-General of his Majesty's revenues arifing in America being vested in me by virtue of the late King's letters patent, bearing date the 20th day of November in the twenty-fifth year of his reign, to have, hold, and exercise the fame by myfelf or my fufficient deputy or deputies, fuch deputy or deputies being first approved by the right honourable the lords commiffioners of his Majefty's Treasury, or the lord high treasurer, for the time being; I do humbly prefent to your lordships John Brook, of Quebec, Clerk, as a fit peron to be my Deputy for executing the office of Surveyor and Auditor in his Majesty's province of Quebec and all the territories dependant

thereon.

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The ANSWER of the Lords Commiffioners of the
Treafury, approving and confirming the foregoing
Nomination.

To our very loving Friend ROBERT CHOLMONDE LEY, Esquire,
Surveyor and Auditor-General of his Majesty's Revenues arifing

in America.

AFTER our hearty commendations we approve of your pre

fentment aforegoing; and do hereby, pursuant to the power to us reserved in this behalf, authorize and impower you to constitute and appoint the therein-named John Brook, to be your Deputy for executing the office of Surveyor and Auditor-General in his Majesty's province of Quebec, and all the territories dependent. thereon, as by you propofed. And for fo doing this shall be your

warrant.

Whitehall, Treafury Chamber, the 12th day of January 1764.

GEORGE GRENVILLE.
NORTH.

JOHN TURNER.

Mr. ROBERT CHOLMONDELEY'S APPOINTMENT of
Mr. JOHN BROOK to be his DEPUTY for the
Province of QUEBEC.

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To all Chriftian People to whom thefe Prefents shall come, The
Honourable and Reverend ROBERT CHOLMONDELEY,
Surveyor and Auditor General of all his Majesty's Revenues
arifing in America, fendeth Greeting:

WHEREAS his late Majefty, by his letters patent under the Recital of the great feal of Great Britain bearing date the twentieth day of grant of the November in the twenty-fifth year of his reign, was graciously Robert Chol

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pleafed

office to Mr.

mondeley.

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