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if some Method be not found out for their Relief."

"And

being well informed of the Relief which the Neighboring Provinces have found, in the like Case, by a Paper Currency, and hoping the like effects from it here, and finding no other way to Remedy the Grievances aforesaid of his Majesty's good Subjects here."

The statute enacted that Bills of Credit to the value of £40,000 current money of America, or 116,666 ounces and 13 penny weights and 8 grains of plate should be printed within three months after the publication of the act. The bills were to be issued in different denominations of £3, £1, 15 shillings, 12 shillings, 6 shillings, 3 shillings, 1 shilling and 6 pence and 1 shilling. £3,000 in value of these bills were to be delivered to the Treasurer of East Jersey and £1,000 to the Treas urer of West Jersey and the balance to Commissioners appointed for the different counties in certain proportions established by the act. These Commissioners were required to give security for the faithful performance of their duties. When the bills were thus passed into the hands of the Commissioners they were to loan them out to applicants upon security, "by a mortgage on lands, lots, houses, or other valuable improvements lying in the same County." Before the Commissioners should close the loan they were required to visit the land offered for security, to examine the tities thereto and satisfy themselves that the land was entirely clear of all incumbrances.

The money was to be loaned only upon property worth double the amount advanced, which was to be repaid in twelve years with interest at 5 per cent per annum. Yearly payments were to be made for the first ten years at the rate of £8, ten shillings and £7, ten shillings the last two years. Every possible precaution was taken to secure the payment of the money loaned with the interest. If the interest were not paid promptly, foreclosure proceedings were required to be instituted; but, while providing for the payment of the money loaned in this manner, the Legislature was careful to give the borrower full opportunity to secure himself against exigencies like ill health, or death, or other accident preventing him from paying. The bills of credit were made legal tender for the payment of taxes and of other debts. Severe penalties were imposed if any person should refuse to receive the bills in payment of debts due or for goods sold.

This was the first act passed at this session of the Legislature and was prepared with great care. The rights of all parties whose interests were involved were properly protected.

The first act having a direct reference to the subject of elections was passed at the session of the Legislature, in 1725. The qualifications of representatives and of electors had been settled by prior statutes passed as early as 1709. Writs had been issued by the Royal Governors for the election of representatives to the Sheriffs of the different counties, after such divisions of the province had been created. Prior to that time, the elections were held pursuant to proclamations made by officers deputed to perform that service, in different localities. But, by this act of 1725, positive directions were given as to the manner of holding elections and making returns. The title of the act is quite significant: "An Act for the better regulation of Elections, and laying a Penalty on all Officers and other Persons whatsoever that shall by indirect Practices endeavor to obtain any Election contrary to the right, and Liberties and Privileges of the People, and the true intent and meaning of this Act." Its main provisions were these: The writ for the election of representatives was directed to the Sheriffs of the respective counties who were required to give twenty days' notice of the time and place of the meeting of voters by hand bills posted in three of the most public places in the county, city or town. The Sheriff seems to have been the presiding officer at the polls, but a clerk and an inspector, nominated by each candidate, were appointed by him. The clerks were sworn to "take the poll fairly and indifferently by setting down the names of the electors and the places of their abode. and the person they give their votes for." If the right of a voter were challenged an oath was administered, that he had been a resident of the county, city or town for one year, that the estate qualifying him to vote was his own proper estate, not conveyed to him in Trust, nor on condition that he should vote for any person. Quakers, instead of taking an oath, might affirm. If the Sheriff should be guilty of any violation of the law, he was to be fined £300. Bribery and corruption, in any form, directly or indirectly, were strictly forbidden, under severe penalties. The last clause of this act would serve an excellent purpose, if incorporated in modern legislation, and, if strictly enforced, would greatly purify elections and prevent the recurrence of many crimes.

"If any Person or Persons whatsoever, shall by assertion or false Report of any of the Candidates, either in Words or Message or Writing, or in any other manner, endeavor to frighten, or by indirect means perswade any Elector to give, or diswade any Elector from giv

ing his vote for the choice of any Person to be a Member of the Gen. eral Assembly of this Province" should forfeit £10.

A most singular act was introduced into this Legislature, but not passed. It deserves only slight notice, as it was not often that the House attempted legislation on such subjects as were intended to be reached by this statute. The Governor was much interested in discussions relating to religious dogmas and it is probable that the act was prepared by him. The title of this remarkable law was this: "An act against denying the Divinity of our Saviour Jesus Christ, the Doctrine of the blessed Trinity, the truth of the Holy Scriptures and spreading Atheistical books."

In 1727 Burnet was removed and appointed Governor of Massachu setts, but he left New Jersey with very great reluctance. A marriage. into a wealthy and highly respectable Dutch family had introduced him into a large circle of the very best people in New York and this added to his desire to retain his relations with the two provinces. The people of the two colonies had learned to know him better and to appreciate his very excellent qualities and the attrition which, at first, marked his relations with the Legislature, gave way to a very cordial understanding, common to both.

He was succeeded by Col. John Montgomerie, a Scotchman, who had been a member of Parliament and an officer in the family of the King. These positions had brought him in contact with royalty and had secured the preferment for him. He took possession of the gov ernment in 1728. He had been a soldier earlier in life, but was averse from exertion and inclined to take as little responsibility as possible; in temperament, he was kind and gracious, and easily accessible. term of office was short, being terminated by his death in 1731.

His

The long session of the Legislature convened by Burnet created an uneasiness in the minds of the colonists and an act was therefore introduced and passed which required that an Assembly should convene at least once in every three years and that the representatives should be elected triennially. This act however was rejected by the King in Council November 25, 1731.

A great injustice had been practiced in the criminal courts which had been the subject of controversy between the Assembly and some. of the prior Governors. A Defendant, if indicted for an offence and acquitted, was obliged to pay costs. Suitors in the courts were relieved from this grievance by the provisions of a statute which enacted

that thereafter all accused persons who were not convicted should go free without the imposition of any fees.

An act was passed July 8, 1730, entitled "An act for securing the Freedom of Assemblies," the provisions of which were significant and were plainly intended to prevent an abuse which had crept into the official conditions of the province. The statute was drawn with great shrewdness and with the evident idea that it would meet with opposi tion from certain persons. The Preamble claimed that it might conduce to the welfare of the province if the members of the House of Representatives should act with Freedom "disregarding Self-interest or any private Views of their own, when put in Competition with the publick Good," and that the acceptance of any office of profit might influence their acts in legislative capacity, "but more especially since the Parliament of Great Britain have deemed it necessary on the like occasions: Therefore we, the House of Representatives of the Province of New Jersey, being desirous to follow so good an Example, do pray that it may be Enacted." The act provided that if any member of the Assembly, while he should continue such member, accepted an office of profit either from the king or governor, his election should be declared void and a writ for a new election should issue. It was further directed that any person who, by the laws of Great Britain, was declared to be disabled from sitting in the House of Commons, should also be disabled from sitting or voting in the House of Representatives in New Jersey, and that if any such disabled person should be returned a member of the Assembly, his election should be void to all intents and purposes whatsoever and if any such disabled person should sit or vote in the House of Representatives, he should pay a fine of £50. On the same day that this act was passed, another was enacted, entitled "An ACT imposing a Duty on Persons convicted of heinous Crimes and to prevent poor and impotent Persons being imported into this Province of New Jersey; and for Amendment of the same relative to Servants." The preamble admits a fact already referred to about the selling of immigrants to pay their passage money. The act provides that all masters of vessels landing or bringing any persons convicted of certain crimes into the province should pay a duty of £5 on each immigrant before landing such convict and enter into bond with at least one good surety in the sum of £50 conditioned for his good behavior, for one year. Any convicted person or poor or impotent servant or passenger found within the province twelve months after being landed, might be

arrested by a Collector and carried before a magistrate and be examined. The examination was exceedingly strict and searching, its forms and subjects being prescribed by the statute. If found, on such examination, to be within the purview of the act, then, the duty of £5 was imposed on the immigrant himself, and he was obliged to give the bond for good behavior required from Masters of vessels.

On the same day that the last two acts were passed, a third one was enacted, referring to lotteries and for regulating "Pedlers." The following is the Preamble to the statute:

"WHEREAS the frequent use and practice of vending Goods and Merchandizes let in this Province by way of Lottery and Raffling, is very prejudicial to the fair and honest Traders in the same, and hath given Opportunity to ill minded Persons to cheat and defraud divers of the honest inhabitants thereof; which Persons, in order to put off their unsalable, and sometimes almost useless Wares and Merchandizes and for the Desire of unlawful Gain, have not only imposed on the said Inhabitants in the Quality of the Wares and Merchandizes, but also by setting extravagant Prices, on the same, to the great Impoverishment of this Province. Any Person vending or disposing or offering to vend or dispose of any goods by way of Lottery, Raffling, Balloting, Voluntary Subscriptions, or by any other method, whatsoever, that shall depend upon or be determined by Lot or Chance, shall for feit and pay double the Value of such Goods."

All peddlers were required to obtain a recommendation of the Justices of the Peace of the County where they dwelt, certifying their opinion of the honesty of the applicant, then, to obtain a license from the Governor, first giving bonds to the Clerk of the Court of Sessions, with one surety, at least, in any sum "according to the discretion of the said Justices in their Quarter Sessions, not exceeding £50 nor under £20" conditioned that the peddler should be of good behavior and should pay all taxes and duties. A certificate was given to the travelling merchant which he was obliged to carry with him. Any person not being qual ified as aforesaid should forfeit the sum of £15, if travelling with a horse; if on foot, £10 and if a refusal should be made to produce the certificate, then, a forfeiture of 40 shillings. The act was not to extend to persons selling or exposing for sale any goods at the public market or fair, within the province, nor to hinder persons from transporting from town to town, or from house to house, any goods which were the growth, product or manufacture of New Jersey or of the neighboring province.

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