1746, 23 July.

[Similar reference of another petition of Vanbrugh and Carpenter that Powers' appeal from a judgment of the Rhode Island Court of Equity, 11 Oct., 1743, awarding Vanbrugh and Carpenter 7287. 19s. 2d. Jamaica currency and costs for a protested bill of exchange drawn by Powers in their favour, may be dismissed for non-prosecution.] [p. 534.] [On the Committee report of 17 Feb., Powers' appeal is 12 Mar. dismissed with 5l. stg. costs.] [XI. pp. 143, 183.] (1751.) [Committee order for hearing the appeal of Vanbrugh and 23 May. Carpenter on 13 June and for affixing the usual summons.]

(1747.)

[XIII. p. 240.] (1751.) [On Powers' petition, the last order is discharged, and the 9 July. hearing appointed for the first meeting in October.]

[XIII. p. 262.] (1751.) [Order, in accordance with the Committee report of 31 Oct, 22 Oct., reversing the judgments against Vanbrugh and

Carpenter. In the original actions of account, Daniel
Ayrault, jun., Capt. Samuel Rodman and Capt. Jonathan
Thurston were appointed auditors, but declined to act. Three
others (not named) were appointed, and on their report
Powers was, on 15 Nov., 1743, awarded 4597. 13s. 4d. with
costs. This judgment was confirmed by the Superior Court
on 27 March, 1744, and the Court of Equity being dissolved
by law, the further appeal of the petitioners was brought by
writ of review before the said Superior Court, who ordered a
new account and appointed as auditors William Coddington,
Robert Gibbs and Jeremiah Clark, who awarded Powers
4201. 9s. with costs.]
[XIII. pp. 330-2, 352.]

GEORGE II. VOL. XI. (1 Aug., 1746-30 April, 1748.)

7 Aug. [32.] [Reference to the Board of Trade of the petition of New Jersey. Richard Partridge, agent for New Jersey, setting forth that the colony is greatly distressed for want of a further supply of bills

of credit which the late Governor Morris was prohibited from
emitting without royal license. To provide for defence and
other public emergencies, permission is desired to pass an Act
for emitting 40,000l. in bills of credit on condition that the
value of the bills be agreeable to an Act of Parliament of
6 Anne for ascertaining the rates of foreign coins in the
plantations.]
[p. 10.]

[Orders in accordance with the Committee report of 21 Nov., 1749 on two New Jersey Acts. The petition of Richard Partridge, agent for the colony, for their confirmation had been referred to the Committee on 13 Oct., 1748, and by the Committee to the Board of Trade on 29 Oct., 1748. The Committee agreed with the Board of Trade, who reported that] having been Attended by the Petitioner and also by Mr. Paris in behalf of himself and others Creditors of the publick of the said Province in Opposition to the former of these Acts and heard what they had to offer for and against the same We take leave to acquaint Your Lordships

That the first of these Acts referrs to several former Laws passed in that Province and confirmed by His Majesty whereby the following Sums in Bills of Credit were created and issued-Vizt.

1746.

(1749.)

23 Nov.

in 1723

in 1730

in 1733

40,000l.

20,000l.

40,000l.

The Bills emitted by these Acts were lent out to the Inhabitants upon Land Security at 5 per Cent. Interest and were made Current and a legal Tender in all payments and for the Discharge of all Debts and Contracts whatsoever for a certain Term of Years Which several before mentioned Sums have as has been represented to Us by Mr. Belcher the present Governor of the said Province been regularly sunk and Discharged according to their respective Periods excepting 20,000l. of the last mentioned Sum which according to the Directions of the Act will be Sunk at the expiration of four Years

1746.

By this Act a further Sum of 40,000l. is directed to be Issued to be in like manner lent out at 5 per Cent. Interest upon Land Security to be Current for Sixteen Years and to be a Legal Tender for the payment and Discharge of any Debt or Debts Bargains Sales of Land or other things Bonds Mortgages Specialities and Contracts whatsoever already made or hereafter to be made either for Sterling Money Silver Money of America or any other Species of Gold Silver or any other quantity of Plate or Gold.

There is also a further Sum of 20,000l. directed to be printed in Order to be Signed and Issued to exchange such of the other Bills made Current as may be worn or ragged or unfit to pass or to be applied to Assist His Majesty on any Emergency and in that Case to be made Current and to be Sunk and Discharged out of the Interest of the Loans of Bills of Credit in such manner and proportion as the Governor Council and Assembly shall think fit.

This Provision appears to Us to be inconsistent with His Majestys Instructions to His Governor of the said Province and liable to great objection inasmuch as it will be in the power of the Governor Council and Assembly at any time to enlarge their paper Currency by Issuing the whole or any part of the said 20,000l. without His Majestys having an Opportunity of Judging of the necessity for such Emission

The Reasons for this fresh Emission of 40,000 in Bills of Credit as they are Set forth in the Preamble of the Act and represented to Us by Mr. Partridge are, The better enabling the Colony to Discharge the Debt they have contracted in enlisting and Victualling the Forces lately raised in that Province for His Majestys Service on the late intended Expedition against Canada and to assist His Majesty against His Enemies on any future Emergency in carrying on the War or to provide for the necessary Expences that may be occasioned by the legal calling of the Forces of the Colony together for furnishing them with Arms and Ammunition, for Marching them, or any part of them for the repelling an

Enemy or quelling any Insurrection or Rebellion or for the Assistance of their Neighbours against His Majestys Enemys but it appears from the Act and the several Provisions of it that the Interest to arise from the Loan of these Bills is in no Instance and in no part appropriated to the abovementioned or any other Services of the Government.

We are fully sensible how much the present Disturbances call upon the Legislative power there to strengthen the hands of Government by proper Supplies but at the same time it is evident from the Minutes of the Council and Assembly and from other Authentick papers transmitted to Us by the Committee of His Majestys Council of that Province that the Assembly neglecting the repeated remonstrances of His Majestys Governor and Council are obstinately resolved to grant no Supplies for the Support of legal Government against the Disturbers of it.

We must further acquaint Your Lordships that the Method of Issuing Bills of Credit upon Loan has by experience been found to have had very pernicious Effects It is a Temptation to persons in low and Desperate Circumstances to borrow beyond their ability and as the Burthen of the publick Tax which is paid out of the Interest of these Bills lies entirely upon the Borrowers of them the more wealthy part of the people by this Method of raising Supplies do not contribute in any Degree to the Charges and the Support of Government it is also expressly contrary to the Sense of the House of Commons of Great Britain as will appear from the following Resolution Vizt.

Veneris 25th Die Aprilis, 1740.

Resolved

That the creating and Issuing Paper Bills of Credit in the British Colonys and Plantations in America by Virtue of Acts of Assembly there and making it obligatory on all Persons to take such Bills of Credit in payment for Debts Dues and Demands hath frustrated the good Intentions of an Act of the Sixth Year of the Reign of her late Majesty Queen Anne

1746.

1746.

Entituled An Act for ascertaining the Rates of Foreign Coins in Her Majestys Plantations in America and hath been a great Discouragement to the Commerce of this Kingdom by occasioning a Confusion in Dealings and lessening of Credit in those parts."

There is also a Clause in this Act which directs that if any person or persons shall at any time hereafter be apprehended or taken into Custody on Suspicion of having Counterfeited any of the Bills of Credit now Current in this Colony or which by this Act shall hereafter be made Current in such Case the prosecutor on the part of the Crown in the Indictment exhibited against the said person or persons shall alledge the Fact or Facts to be done where in truth the same was done and if upon the Trial thereof sufficient proof doth Appear that the same was done in the place where it is alledged in such Indictment or Indictments or in any other place the Party or partys duly Convicted thereof shall suffer in such Case in the same manner as if the same were alledged and proved to have been done in some County of this Colony and the Juries on the Trials of all such Foreign Issues shall be returned from the Bodies of the Counties of Burlington or Middlesex or One of them any Law Usage or Custom to the Contrary notwithstanding.

This Provision Appears to Us to be unjust contrary to the Law of this Kingdom and to exceed the Authority of the Legislature of this Province.

For these Reasons We are of Opinion that it will not be adviseable for Your Lordships to recommend it to His Majesty to give his Assent to this Act.

With respect to the Act for enabling the Judges and Justices of that Colony to ascertain and Tax Bills of Cost and for making Provision by Law for the payment of the several Officers of the Colony and for preventing the said Officers from taking exorbitant Fees We acquaint Your Lordships that an Act to the same Effect was passed in the said Province in December 1743 with a Clause Suspending the Execution thereof until His Majestys Pleasure should be known; It