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Recital of the

death of Horatio

pleased to give and grant unto him the faid Robert Cholmondeley the office of Surveyor and Auditor General of all his Majefty's revenues arifing in America; to have and to hold the fame from and immediately after the death, or other determination of the estate and intereft, of Horatio Walpole, Efquire, afterwards Lord Walpole, therein, with full power and authority to infpect, examine, ftate, and audit, and, with allowance and confent of the lord high treasurer, or commiffioners of the Treasury, and chancellor of the Exchequer for the time being, to determine all and fingular accounts of all fuch rents, revenues, prizes, fines, efcheats, forfeitures, duties, and profits whatsoever as are by reason of any matter, or thing, happened or fallen, and which fhall at any time thereafter become due and payable to his Majefty, his heirs and fucceffors, during the continuance of the faid letters patent, in or from all or any of his Majefty's foreign dominions, inlands, colonies, and plantations in America, and by all lawful ways and means to caufe the fame to be recovered and paid to his Majesty's ufe, and also to exercise and enjoy the faid office to him the faid Robert Cholmondeley by himself or his fufficient deputy or deputies (fuch deputy or deputies being first approved by the commiffioners of the Treasury, or high treasurer for the time being) for and during the natural lives of George Cholmondeley, commonly called Lord Viscount Malpas, and the said Robert Cholmondeley:

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And whereas the faid Horatio, Lord Walpole, departed this Lord Walpole, life on the 5th day of February 1757, whereby the faid office grantee of the became vested in the faid Robert Cholmondeley, his heirs, executors, office, in 1757. or adminiftrators, during the term aforefaid:

the former

Mr. John Brook

Mr. Chol

mondeley for the province

of Quebec.

Appointment of NOW KNOW YE, that the faid Robert Cholmondeley, for to be deputy to the more effectual execution and performance of the premises, and the better expediting and carrying on his Majefty's fervice, hath conftituted and appointed, and, by these prefents, doth constitute and appoint, John Brook, of Quebec, Clerk, to be his Deputy within his Majefty's province of Quebec, and all the territories dependant thereon, for the purposes and to the ends hereafter The deputy hall mentioned, and no other; that is to fay, that he the faid John Brook fhall, and the faid Robert Cholmondeley doth hereby give and grant full power and authority to the faid John Brook to infpe&t

have power to

examine and

ftate the ac

counts of the

revenue;

examine

feveral branches

examine, and state all accounts of all fuch rents, revenues, prizes, fines, escheats, feizures, forfeitures, duties, and profits whatsoever. as have not already been examined, ftated, and finally determined, or shall hereafter happen, fall, become due or payable, or accruing unto his Majefty, his heirs and fucceffors, within the faid province, with full power and authority to and for him, the said John Brook, by all lawful ways and means, to caufe to be recovered and paid and to cause the unto the proper officers, to his Majefty's ufe, all fuch rents, of the revenue revenues, prizes, fines, efcheats, feizures, forfeitures, duties, and to be recovered profits whatsoever, as aforefaid, as have accrued, or fhall hereafter means, and paid accrue, to his Majefty, his heirs and fucceffors, as aforefaid, within officers. the faid province, and have not been, or shall not be, answered or fatisfied and paid to the proper officers, to his Majefty's ufe; to To hold the faid have and to hold the faid office of Deputy Surveyor and Auditor furveyor and unto the said John Brook fo long as by him the said Robert Chol- auditor during mondeley fhall be thought fit.

to the proper

office of deputy

Mr.Cholmonde

ley's pleasure.

fhall, at leaft

attested copies of

which he shall

and stated, to

commiffioners

And the faid Robert Cholmondeley doth hereby require from the The faid deputy faid John Brook; and the said John Brook doth, by his acceptance once in every of this prefent grant, agree to and with the faid Robert Chol- year, fend over mondeley; that he, the faid John Brook, fhall once in every fix all the account months, or once in every year at least, during which he shall be have examined deputy to the faid Robert Cholmondeley by virtue of thefe prefents, Mr.Cholmondetranfmit and fend over unto him the faid Robert Cholmondeley, ley and to the with duplicates thereof to the lord high treasurer, or lords com- of the Treasury; miffioners of the Treasury for the time being, fairly written, and by the faid John Brook under his hand attefted, all fuch accounts of the rents, revenues, prizes, fines, efcheats, feizures, forfeitures, duties, and profits aforefaid, as he the faid John Brook fhall from time to time have infpected, examined, and ftated, and also duplicates thereof by the next conveyance; and fhall at the fame and he shall time certify and make known unto the faid Robert Cholmondeley Mr.Cholmondeall such fum and fums of money, if any fuch fhall be, as he hath ley all fuch fums by the ways and means aforefaid caufed to be recovered and paid to shall have caufed the proper officers, to his Majefty's ufe: and the faid John Brook and paid to the shall in all and every other matter and thing relating to the faid proper. officers; office obferve fuch rules and inftructions as the faid Robert Chol- all other thing mondeley shall at any time or times give or tranfmit unto him.

Y 2

make known to

of money as he

to be recovered

and he fhall in

relating to the

faid office obferve the direetions of Mr.

And Cholmondeley.

All acts done by the faid deputy

be of the fame

And lastly, the faid Robert Cholmondeley doth hereby ratify, by virtue of this confirm, and allow all and every act and acts, thing and things, that deputation fhall fhall be done and executed by the faid John Brook, deputy to the force as if they faid Robert Cholmondeley, by virtue of thefe prefents, and doth by Mr. Chol- hereby grant that they and every of them fhall be of equal force mondeley him and authority as if they had been done, executed, and performed by the said Robert Cholmondeley himself in his proper person.

had been done

felf.

In witness whereof the faid Robert Cholmondeley hath hereunto fet his hand and feal this 14th day of January 1764, in the fourth year of the reign of his Majesty King George the Third, of Great Britain, &c. King, and fo forth.

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INSTRUCTIONS to the Reverend Mr. JOHN BROOK, Deputy-Auditor of his Majefty's Revenues arifing inthe Province of QUEBEC.

WHEREAS, in pursuance of the approbation of the right honourable the lords commiffioners of his Majefty's Treasury figned the 12th day of January 1764, I have, by inftrument under my hand and feal bearing date the 14th day of the fame month, constituted and appointed you to be my Deputy in the province of Quebec, and all the territories dependant thereon, for the examining and ftating all the accounts of the public revenue arifing within that province.

You

You are, in the execution of the powers given to you by the faid inftrument or deputation, to apply yourself to the inspecting, examining, and ftating all accounts of all fuch rents, revenues, prizes, fines, efcheats, feizures, forfeitures, duties, and profits whatsoever as have not been already examined, ftated, and determined.

You are, for that purpose, to inform yourself in the best manner you can, of what rents, revenues, prizes, fines, efcheats, feizures, forfeitures, duties, and profits in that province have any ways accrued or become due to the crown, or which fhall hereafter accrue to his Majesty, his heirs and fucceffors, within the fame, and have not been, or fhall not be, duly answered, paid, or fatiffied to the proper officers of the crown, and to endeavour by all lawful ways and means that the fame may be recovered and answered, or paid, to the proper officers to his Majesty's use.

And you are to tranfinit unto me attefted copies of all such acts, or public orders, as fhall at any time be paffed or made, any ways relating to the public revenues or profits in that province, which are to be delivered to you by the fecretary of the faid province upon your application to the governour, or commander in chief, for his directions to him therein.

true ftate of the

quit-rents due

to the King..

And whereas a confiderable part of his Majesty's revenues in the To procure a faid province arifes from the quit-rents, that it may be more certainly known what is rightfully due to the King on that head, you are to procure by the best ways and means a true ftate and rent-roll of the faid quit-rents, which may be allowed of by the governour in council, fo as to be an authentic charge upon the receiver of the revenue, whereof you are to fend over to me authentic copies to remain in my office; and fo from time to time, as any further grants of land fhall be made.

And you are by letters to inform me from time to time, by all opportunities, of all fuch monies or other profits as at any time fhall have been recovered, or fhall be recovered, for his Majesty's ufe, or whereof you have received, or fhall at any time receive, information that the fame is of right accruing or belonging to his

2

Majesty,

Majefty, or of any other matter or thing which shall come to your knowledge, which may be of advantage to his Majesty's revenues.

You are further to take notice, that the feveral accountants are to make oath to the truth of their respective accounts before his Majefty's governour, or commander in chief, of that province: which accounts, being certified by the faid governour to have been fworn to before him by the faid receiver, and regularly audited by you every fix months or oftener, you are to tranfmit unto me, with their proper vouchers, by the first and best opportunity, and duplicates thereof to the lord high treasurer, or lords commiflioners of the Treasury for the time being, and duplicates of the fame by the next conveyance to both refpectively.

Auditor's Office, January 14th, 1764.

ROBERT CHOLMONDELEY.

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