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no currency for circulation and required these bills in the ordinary transactions of trade.

The fees of the various Courts and officers were arbitrarily arranged; the Governor and Council had established them in the past, but they had been afterwards changed, though not lessened, by the Court and by usage. The payment of unnecessary costs caused great injustice and the Governor and Council were now requested to aid in relieving the people, but Morris refused. Three Legislatures, sitting from October, 1743 to April, 1745, had been dissolved after distinctly declaring that they would not pass any law providing for the expenses of the government, unless these three bills were concurrent.

The Legislatures after 1744 pursued the same course, refusing to appropriate any money for the expenses of the government, until the bills were passed which they deemed so necessary. And there was no restoration of harmony between the Governor and the Legislature until just before his death. A partial compromise between the contending parties was then proposed, which, perhaps, might have been carried into effect had not the death of Mr. Morris occurred about that time. He died on the 21st of May, 1746, after an illness of about two years. Although Morris had been so persistent in his opposition to certain. acts, yet, there was considerable legislation during his administration. and of an important character. On the 15th of March, 1738-9, an act entitled "An Act for regulating Taverns and Ordinaries, Inn Keepers and Retailers of strong Liquors" was passed; the preamble to which was as follows:

"WHEREAS the true and original Design of Taverns, Inns and Ordinaries, was for the accommodation of Strangers, Travellers and other Persons for the Benefit of Mens Meeting together for the Dispatch of Business and for the entertaining and refreshing of mankind. in a reasonable manner and not for the Encouragement of Gaming, Tippling, Drunkenness and other Vices so much of late practised at such Places, to the great Scandal of Religion, the Dishonor of God and the impoverishing the Commonwealth; and WHEREAS the present prescribed Methods of granting Licenses for the Purposes aforesaid are insufficient to obtain the benefits hoped for; THEREFORE, to prevent as much as may be such Misfortunes and inconveniences for the future all persons retailing Liquors of every kind" were required to be licensed under penalty of 40 shillings for the first offense; for the second offense, £5. The license was granted by the Quarter Sessions,

in open meeting, on the recommendation in writing "of the Freeholders and neighbors to such person craving license and the applicant must enter into recognizance to the king with two sufficient suretiesfreeholders-in £20." The condition of the Recognizance was this: That the applicant "shall not himself game nor suffer any Person to Game in his House for Money or the Value of Money but shall, during the said Time in all things respecting him as a Public House keeper or Inn keeper use and maintain good Order and Rule and find and provide good and sufficient entertainment for men and provision for Horses." If the Justices should grant a license contrary to the true intent and meaning of the act each of them should forfeit the sum of £10; 6 shillings were to be paid for the license; 3 shillings and 6 pence to the Clerk. No Under Sheriff or Jail keeper was permitted to have a license and if those officers should sell any liquors or suffer them to be sold in the jail, a forfeiture of 20 shillings was imposed. The Clerk was required to give a list of the licenses to the Constables of the County, who were commanded to make "diligent Search and inquire in all the different parts of the City, Township, County, District or Precinct for which he or they are chosen for and of all such persons as shall presume to sell and retail strong liquors contrary to the true Intent and Meaning of this Act." And if any were found violating the act, the Constables were directed to proceed against him. The Constables of the County were required four times every year to visit the Taverns and other places where liquor was sold and if any "enormities were discovered, they were required to report the same to the Justices at their Sessions. The licenses were to continue for one year and any renewal was to be in open court upon the same terms and conditions as were provided for the original granting. If the keepers of places where liquor was sold were to entertain, entice, harbor or keep any Apprentice, white Servant, Indian, Mulatto or Negro, he should forfeit for the first offense the sum of 20 shillings and for the second offense 40 shillings and for every subsequent offense, £5. The law provided for the establishment of prices by the court of Quarter Sessions for liquors, or food, or provender, sold to the traveller. If the tavern keeper permitted persons to misspend their time and substance at the taverns or should supply them with liquor "simple or mixed, more than is absolutely necessary for his or her refreshment," upon conviction, he should pay for the first offense 20 shillings, for the second 40 shillings and for every one thereafter, 5. No tavern keeper should credit

a customer above 10 shillings; if they did, they lost their money and were debarred from sueing or recovering it, nor could they take a bill or bond or any security for any liquors sold by them or drank at their inns amounting to above 10 shillings. If the tavern keeper took any bill or other security for liquors sold and drank at their houses contrary to the act under pretence of selling victuals, pipes, tobacco, or any other thing with the intent of evading the act, they were rendered incapable of recovering any amount of the security. Assessors were re quired to assess each tavern keeper yearly a sum not less than 40 shillings nor more than £3, for the support of the poor.

On March 15, 1738, an act was passed entitled, "An Act to restrain extravagant and excessive interest," of which this was the preamble: "WHEREAS the great and excessive interest now commonly taken in this Province is found to be a very great Discouragement to the Trade, and an Obstruction to the Settlement of the same, and beyond the interest taken in any of the other Colonies." The rate of interest was fixed at seven per cent, and any security which required a larger amount was declared void, both principal and interest being forfeited. Provision was made to prevent any fraud by way of incorporating in the security the amount of a sale of goods. The act was very full in this respect Scrivener's fees for brokage and writing were at the rate of 2 shillings and 6 pence for £100 and a proportion of it for a greater or less sum. One shilling fee was given for making or renewing a bond or the bill for the loan. £5 penalty was imposed for the breach of this part of the law.

On November 4, 1741, an Act was passed authorizing the Supreme Court to appoint Commissioners to take special bail and to administer oaths and affirmation.

On December 2, 1743, this act was passed: "An Act to encourage the direct Importation of Rum from the British Plantations in the West Indies and of such Wines as may be imported from the Places of their Growth, Product and Manufacture into the Eastern Province of New Jersey." The preamble to which was as follows:

"WHEREAS the direct Importation of Rum from the British. Plantations in the West Indies and such Wines as may lawfully be imported into this Colony, from the Places of their Product and Manufacture, would not only very much contribute towards the increase of the Trade of this Colony, but would also be a means of supporting the Credit of the Currency Thereof, and be a further means of increasing the Inhabitants of the same."

Duties were levied upon rum or other distilled liquors not directly imported from the British West India Islands at the rate of one shilling per gallon, upon all wines, 4 per pipe, and so, in proportion of a larger or smaller quantity and these duties were to be paid before the landing of the goods. If the liquors were smuggled, they were all forfeited and were liable to be seized by any person by virtue of a warrant from any Justice of the Peace and any magistrate was required, upon request, to issue the warrant. All persons assisting in smuggling were required to pay double the value of the goods, "to be estimated and computed according to the market price that each respective commodity bears at the place where any such seizure shall be made."

A penalty of £5 was imposed upon any one who should interfere with Custom House Officers or any persons in the discharge of their duty under the Act.

On the 2nd of December, 1743, a law with this title was passed: “An Act subjecting Real Estate in the province of New Jersey to the Payment of Debts and directing the Sheriff in his Proceedings thereon." This act declared that all Real Estate of every kind should be liable to and chargeable with just debts whether due to the king or to any of his subjects, and "are hereby made chattels for the satisfaction thereof in like Manner as Personal Estates within this Province are seized, and sold or disposed of, for the satisfaction of debts." The Sheriff was authorized by a writ of Fieri Facias first to seize the personal estate of the Defendant; if not sufficient, then he was to sell the Real Estate to satisfy the whole of the residue of the debt. The sale was to be advertised two months in the city, town or precinct where the land was situate and in three or more public places in the County. The sale was to be made between 12 M. and 5 P. M. The Defendant was permitted to choose what part should be sold first. After the sale, the Sheriff was directed to make a deed to the purchaser, who, by virtue thereof should hold as good an estate in the premises sold as the Defendant had at the time of sale.

The first execution, if there were more than one judgment by virtue of which the levy was made, had the prior lien.

The following is a clause of the act which is partly quoted, "That if any Judgment by Virtue of which such sale shall be made as aforesaid, . shall happen to be reversed for error, yet the same Reversal shall not be given in Evidence or be enforced against any bona fide Purchaser, but the Purchaser, his Heirs, Executors, Admin

istrators or Assigns shall hold lands or other Thing so bona fide purchased notwithstanding a Reversal of the Judgment after his Purchase, and such Reversal shall only operate against the Plaintiff, his Heirs, Executors and Administrators, to compel him or them to restore the value to the Defendant for what he lost."

There was other legislation of an important character during the administration of Lewis Morris which will only be noticed by a mere reference to the titles of the acts-Authorizing attachments against absconding debtors; providing for the recovery of legacies and for affirming acts of administrators bona fide done before notice of the will; for the settlement of the poor; for the proper method of acknowledging deeds and "declaring how an estate or right of a Feme Covert may be conveyed or extinguished"; for the "relief of poor, distressed prisoners for debt; "-this act was passed the 17th day of November, 1743, and extended to persons "being in prison upon the first day of December, 1743, or who should be committed afterward, during the space of five years"; to create courts for the trial of small causes; this conferred jurisdiction on Justices of the Peace over suits when the debt or demand was under the "real value of Five pounds", except in special cases; for regulating the militia of the province for the "repelling Invasion and Suppressing Insurrections and Rebellions"; and one to "annex part of the County of Essex to the County of Somerset and to ascertain the Bounds thereof."

The salary of Governor Morris for nearly two years before his death, remained unpaid and after that event his widow made application to the Legislature for its payment. But the Assembly rejected the claim. She then presented her petition to the Lords of Trade who instructed Gov. Belcher to recommend to the Legislature the payment of Mrs. Morris's claim. But the House still persisted in its refusal and when further urged by Belcher, replied that they had Gov. Morris's own. opinion expressed upon a similar claim, to justify them in their action They then referred to the case of Lord Cornbury, in which, Morris, when a member of the House, had decided, under almost precisely the same circumstances, that he could have no just right to payment of any salary. They further added that the claim was "so universally disliked in the colony that there is none except those who are immediately concerned in point of interest or particularly influenced by those who are, will say any word in its favor."

Morris was succeeded by John Hamilton, who was entitled to the

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