Page:American Archives, Series 4, Volume 1.djvu/118
BILL FOR ADMINISTRATION OF JUSTICE IN MASSACHUSETTS BAY.
the Jurors who are to try the issues in any such actions, should have the view of the messages, lands, or place in question, in order to their better understanding the evidence that will he given upon the trial of such issues; in every such case the respective Courts in which such actions shall he depending, may order the Jury to the place in question, who then and there shall have the matters in question shewn them by two persons to be appointed by the Court; and the special costs of all such views as allowed by the Court, shall, before the trial, be paid by the party who moved for the view, (the adverse party not consenting thereto;) and shall at the taxation of the bill of costs, have the same allowed him, upon his recovering judgement in such trial; and upon all views with the consent of parties, ordered by the Court, the costs thereof, as allowed by the Court, shall, before trial, be equally paid by the said parties; and in the taxation of the bill of costs, the party recovering judgment shall have the sum by him paid, allowed to him; any law, usage, or custom, to the contrary notwithstanding.
And be it further enacted by the authority aforesaid, That if any action shall be brought against any Sheriff, for what he shall do in execution, or by virtue of this Act, he may plead the general issue, and give the special matter in evidence; and if a verdict shall be found for him, he shall recover treble costs.
IV. BILL FOR THE IMPARTIAL ADMINISTRATION OF JUSTICE I1V THE PROVINCE OF MASSACHUSETTS BAY. HOUSE OF COMMONS. MONDAY, March 28, 1774. The House having had under consideration, in Committee of the Whole, on Friday, the '25th instant, the King's Message of die 7th, and sundry other Papers, received the Report this day, and granted leave to bring in the Bill lor the better regulating the Government of the Province of Massachusetts Hay. Sir Charles IVhit worth, then acquainted the House that he was directed by the Committee to move, that they may have leave to sit again. Resolved, That this House will, upon Wednesday fortnight, the 13th day of April next, resolve itself into a Committee of the whole House, to consider further of the said Message and Papers. WEDNESDAY, April 13, 1774. The order of the day, for considering the Message and Papers, in a Committee of the whole House, was read: Resolved, That this House will, upon Friday morning next, resolve itself into the said Committee. FRIDAY, April 15, 1774. The Lord North presented to the House, by his Majesty's command, No. 1. Copy of a Letter from Governor Hutchinson to the Earl of Dartmouth, dated Boston, 14th February, 1774; received 5th of April, enclosing, No. 2. Copy of Governor Hutchinson' s Speech to the Council and House of Representatives; and their Answer. No. 3. Copy of a Requisition from the House of Representatives of Massachusetts Bay, to the Judges of the Superior Court. No. 4. Copy of a Remonstrance of the House of Representatives of Massachusetts Bay, against the Chief Justice. No. 5. Copy of the Vote of the Council and House of Representative* of Massachusetts Bay, for adjourning the Superior Court, not consented to by the Governor. No. G. Copy of Governor Iliitchinson's Answer to the Remonstrance of the House of Representatives, against the Chief Justice. Together with a list of the said Papers. And the said list was read: Ordered, That the said Papers be referred to the consideration of the Committee of the whole House, to whom it is referred to take into further consideration his Majesty's most gracious Message of Monday, the 7th day of march last, together with the Papers which were presented to the House by the Lord North, upon the 7th and llth da_s of March last, by his Majesty's command. The order of the day, for the House to resolve itself into a Committee of the whole on the said Message and Papers, was read, and The House resolved itself into the said Committee, Sir Charles Jfkitworth in the Chair. The Papers presented this day were then read: when the reading was finished, Lord North rose, and said, he meant now to propose a third Bill, which he hoped woulc' effectually secure the. Province of Massachusetts Bay from future disturbances. The Bill that he meant to propose was, to give every man a fair and impartial trial; that the Juries of that country it was true, were not established after the manner in which our Juries here were, and therefore were not so likely to give to each offender that impartial trial, which, by the laws of this country, he was entitled to; for if it shall be found in that country, that a man is not likely to meet with a fair and impartial trial, the Governor will be empowered to send him to any of the other Colonies, where the same kind of spirit has not prevailed; but if it shall be thought that he cannot have such fair and impartial trial in any of the Colonies, in that case he is to be sent to Great Britain, to ho tried before the Court of King's Bench, the expenses of which trial were to be drawn for on the Customs in England. Unless such a Bill as this now proposed should pass into a law, the Executive power will be unwilling to act, thinking they will not have a fair trial without it. I would not, said his Lordship, wish to see the least doubt or imperfection remain in the plan which we have adopted: if there does, the consequence may be that it may produce bloodshed; that the whole plan may be clear and decisive; that every part of it may be properly supported; and 1 mm that such a measure as this, which we have now taken, will shew to that country, that this nation is roused to defend their rights, and protect the security of peace in its Colonies; and when roused, that the measures which they take are not cruel nor vindictive, hut necessary and efficacious. Temporary distress requires temporary relfef; I shall therefore only propose this Bill for the limited time of three or four years. We must consider, that every thing that we have that is valuable to us is now at stake; and the question is very shortly this: Whether they shall continue the subjects of Great Britain or not? This I propose as the last measure that Parliament will take; after which, it requires, that his Majesty's servants shall be vigilant in the execution of their duty, and keep a watchful eye over every encroachment against the power we shall now pass, and not suffer the least degree of disobedience to our measures to take place in that country. Such a watchful and careful eye to prevent the first rise of disobedience, may be a sure peventive against future mischiefs. The customary relief