this board that a short Bill be drawne up by the Governor and Councill to punish such as shall refuse to execute the Sheriffes office when Com'issionated, and send to the Deputyes for their Concurrence, that the same being passed into Act wee may consider of the Latter in it's due place and order of tyme,-ordered that Captn Berry and Captn Palmer carry this Message to the Deputyes A petic'on from Marie Pope for meadow to be laid out wth her Land, agreed that the same be read when Sam11 Groome is here A petic'on from the Deputyes for piscattaway Desireing a grant of all the Lands wth in the Indian purchase for ffourteen pounds p. Ann: was here read-And Edw: Slater and John Gillman being then p'sent, they were Answered that their request was not intelligeable, the quantity of Lands wth in those bounds being vncertaine. That if the Land were Surveyed that we might know the number of Acres and they then desired a Charter for the same, wee would inquire into their p'posall and give of Answer, for these reasons at p'sent wee could not Adjourned to 7 A Clock tomorrow morneing Att a Councill held the 26th Day of May Anno Dni 1683 p'sent The Deputy Governor Sam Groome Captn Berry Captn Sandford of the Councill A Message left here last night from the Deputyes wth the Bill Intituled an Act to punish such who take not vpon them the office of Sheriffe when Com'issionated with the Deputyes amendm's, The Message as followeth The reasons why the house of Deputyes cannot submitt to the Bill sent from the Governor and Councill as it is there stated about the Sheriffs refuseing their office when Com'issionated is, That the pvince being as yet in his minority and most of the ffreeholders of this p'vince being but men of meane Estates, This house thinkes that such a fine may tend to the great impoverishing of the families of some that are or may be Chosen to the office of Sheriffe and therefore Doth humbly offer this their Bill May 25th 1683 p. order of the house JOHN ROUND Vpon reading and Considering the Message yesterday sent from the Deputyes relateing to the Bill to punish such who take not upon them the office of Sheriffe when Com'issionated, and the Deputyes Alterac❜ons or Amendments of that Bill It's the sence of this board 1st. That the gen'all Assembly haveing passed a Bill that in Each County of this p'vince there should be a Sheriffe, and for that for the necessity of it, wch they Declare their Reasons for that Bill 2 That insomuch as the office of Sheriffe is one of the greatest office of Trust and power in Each County in this p'vince, And therefore ought to be of persons of most ability in Estates and Capacity in understanding In that it is judged that their Miscarriage in office ought to be grievously punished not onely to answer for their Miscarriages to the king, but to satisfie all p'sons who shall suffer p'judice by their Misdoeings 4 That Considering the Cost and Charges of calling Councills for Chooseing and Com'issionateing such officers from tyme to tyme hath hither to bin and must be boorne by the Governor and Govermt and not by the p'ticular Countys till it's otherwise p'vided 5 And the amendmts the Deputyes have made to the Bill, will rather Encourage p'sons of Estate Ability and Capacity obstinatly to refuse then to take vpon them the office of Sheriffe It's the sence of this board that for these reasons and what other is contained in the said Bill by vs sent vp That we cannot in Justice or honour to the Govermt condiscend to the amendmts made by the Deputyes to the said Bill but for the said Reasons Do adhere to the bill as the same was sent vp, And Desire the Deputyes Concurrance thereto otherwise the Governor and Councill shall be ready in a ffree Debate of both houses if the Deputyes agree, there to, vindicate the same or receive any matter or thing the Deputyes shall offer agst the said Reasons And this board takeing into Consideration the Bill yesterday sent from the Deputyes Entituled an Act concerneing Jurys, Do Declare as their sence that every false and malitious act or thing Don by a Sheriffe or Bayliffe, they are punishable for the same wthout any Act made, but it seems unreasonable to this board 1st That the Deputyes should offer a Bill to Inflict greivous greivous punishmts vpon an officer Com'issionated before any p'vission is made for Sallery or Reward for such officer for the Doing of his office 2 That whilst the Deputyes p'pose an inconsiderable ffine to be imposed on an officer for wholely refuseing an office wch is Declared of necessity-They should appoint greivous punishm for a Miscariage in that office, and for Acts that are neither malitiously or knoweingly Don, The Consequence of wch is rather to Deterr and discourage p'sons from beareing office than officiateing such as are Declared by Act of Assembly to be of necessity in this p'vince All wch the Governor and Councill are ready to maintaine in a ffriendly Debate wth the house of Deputyes, if these our reasons in writeing give them not plenary Satisfac'on ordered and Agreed That Captn Berry and Captn palmer carry up the said Message and call of the Deputyes for their Concurrence to Gen'all Bills sent to them from the Governor and Councill now remaineing wth them, to wch the Deputyes haveing not returned Answer, according to the Rule and Custome of gen'all Assembly's, viz', The Bill Entitled an Act for the Militia, The Bill Entituled an Act to p'vent the Sale of Strong Liquo's to the Indians, The Bill to Regulate Treaties wth the Indians, The Bill for makeing and setling of high wayes, passages bridges and fferryes within this p'vince V pon Consideration of the Bill this Day sent from the Deputyes to p'vent the raiseing or imposeing any tax &c, upon the people of this p'vince but by Act of gen'all Assembly, It's the sence of this board that all the matters to be p'vided for in the said Bill are already sufficiently p'vided for and the lib'ty of the ffree people of this pvince amongst other things fully secured by the gen❜all Concessions of this p'vince, The petic'on of Mary Pope to have a p'portion of Meadow to 100 acres of upland alread laid out-vpon Inspection of the Booke of Record of this p'vince it appeares that the 28th of March 1676 there is a warrt to lay out for John Pope a 100 acres of vpland and meadow in p'portion It's ordered that vpon the petic'o's paymt of the arrearages of Quit Rents and takeing a pattent she may have a warrt to lay out the Meadow Desired, and it's referr'd to the Deputy Governor and Surveyor gen'all to see the same effected The petic'on of Jane Ogden for 300 acres of Land in Elizabeth Towne for her husbands rights according to Concessions It's ordered that it be referred to the Deputy Governor and Surveyor Surveyor gen'all to examine what Lands have bin laid out or taken vp by the husband in his life tyme-That according to Concessions she may have her just rights The petition of Robt Stivers Blacksmith of Elizabeth Towne for Lands according to the published Concessions of the p'sent Lords p'prietors-It's ordered that the Surveyor gen'all lay out such p'portion wthin the bounds of Elizabeth Towne according to the Tenor of the said Commissions and that the Deputy Governor issue out a warrt to the Surveyor gen'all Accordingly The petition of Benja Price Jun' of Elizabeth Towne setting forth that in the yeare 1676 he had a warrt from the late Governor and Councill to the then Surveyor gene'all to layout for him 90 acres of vpland and meadow in p'portion wch hitherto hee Could not p'cure to be laid out for him-It's ordered that the Deputy Governor issue out his warrt to the Surveyor gen'all to lay out the said Lands wth in the bounds of Elizabeth Towne according to Concessions. The petic'on of Daniel Hoop to have the Land ordered him in March last vpon the Raritan River to bee Survey'd It's ordered that the Deputy Governor issue out his warrt to the Surveyor Gen'all to Survey the Same Land in order to the pattenting the same. The petic'on of Joseph Ogden Son of John Ogden deceased of Elizabeth Towne to have 90 acres of vpland and meadow in p'portion within the bounds of Elizabeth Towne according to a warrt formerly granted by the late Governor Phill Carteret Esq' and to have the same laid out as hee has formerly pitch't vpon It's referred to the Surveyor gen'all to Inquire of the same land by him pitch't vpon be not in p'iudice of any others right, and report thereof to the Deputy Governor, it's referred to him to issue out a warrt to survey the same in order to the pattenting thereof according to Concessions A Message from the Deputyes in writing as followeth The House of Deputyes takeing into their Serious Considerac❜on, The weight of some Bills lyeing before them sent from the Governor and Councill to this house Desires that they may first have tyme allowed them to acquaint the Inhabitants of this p'vince that hath Delegated them, wth the Contents thereof their Advice and orders in the p'misses, And to that End Doth humbly offer for an Adjourm1 to the Third Tuesday in October May 26th 1683 p: order of the house JOHN BOUND. Ordered that Captn Palmer and Captn Sandford forthwth go to the Deputyes and acquaint them that vpon Consideration of their Message this board agrees that they im'ediately Attend the Governor and Council to Consider the subject matter of their Message in order to an Adjournm A Conference had wth the Deputyes wherein after many things was p'posed to Confirme, make voy'd or Review the gen'all Concessions of the p'vince, That the p'vince might bee at some certaintie of the Ground & foundac'on on wch we stand, after some further Debate and the Deputyes Consulteing apart, The speaker returned Answer that the Deputyes next second Day morneing 6 A Clock would meet and Conferr wth the Governor and Councill about the Concessions Adjourned 6 A Clock nex 2d Day morneing Att a Councill held the 28th Day of may Anno Dni 1683 p'sent The Deputy Governor Captn Berry A Message from the Deputyes in writeing as followeth To the Governor and Councill This house according to the Debate on Satterday the 26th instant hath appointed ffour of their Members to meet such a number of the Councill as the Governor and Councill shall see meet The Governor and Councill vpon Considerac'on of the message now sent from the Deputyes It's ordered that Captn Berry and Captn Palmer forthwth repaire to the Deputyes and acquaint them that the Governor and Councill Do Concurr wth their p'position and have agreed that the Governor and all the Councill now in Towne meete with the Deputyes in the p'posed Conference, onely this is the further sence of this board, that the Conference be ffree and before all the Deputyes new |