26, 27, To David Jemison Esq' Chief 28,, A,, To his Excellency half Sallery the 23d June 1721........... 6 5,, 62,, 10 Ordered that there be an ordinance for holding the Courts of General Quarter Sessions of the Peace and Comon pleas for the County of Somersett in the said County at Such place as Shall be prepared for that purpose & to hold Courts on the Same days as the Courts are held for the County of Bergen A true Copy of the minutes of Council compair'd and Examin'd by me JA: SMITH Cl: Con At a Council held at Perth Amboy Nov' the 14th 1722 Present His Excellency William Burnet Esq' Gover* &° Lewis Morris John Parker John Hamilton Esq Jn Johnston Jun'EsqTM The Governour Laid before this board a Letter which he had reed from the Lords of Trade and plantations Dated February 22 1721 the copy of a Representation from the Lords of trade & to His Majesty in councill Dated Janr' y 10th 172 and an order by his Majesty in Councill all which were Ordered in the minutes of this day the Governour Likewise laid before this board the draught of an Ordinance for Establishing courts of Judicature in New Jersey Ordered that the councill or any three of them be a Comittee to consider of the afores Papers and to prepare An Ordinance for Establishing of Courts of Judicature and for Regulating & Establishing fees and to lay the Same before this board with all convenient dispatch His Majesty having been pleased upon our Representation of the 10th of January last to repeal three Acts passed in New Jersey in March 1713-4 Entituled An Act for Shorting of Law Suits and Regulating the practice of the Law An Act for Acknowledging and Recording of Deeds & conveyances of Land within each Respective county of this province & An Act for Enforceing the Observation of the Ordinance for Establishing fees within this province Wee Send you here Inclosed his Majesty's Order in Councill of the 20th of the Said month for that purpose which you are to take care be Duly put in Execution and that you Declare the said laws to be Repealed void and none Effect and for your own Information herein wee Send you A Copy of Our Above mentioned representation So wee bidd you hartyly farewell and are your very Loveing Friends and humble Servants J CHETWYND P DORMINIQUE To The Kings Most Excellent Majesty May it Please Your Majesty Wee have had under our Consideration three Acts passed in your Majestys province of New Jersey in March 1713-4 Entituled An Act for Shorting law Suits and Regulating the practice of the Law An Act for Acknowledging and recording deeds and conveyances of Land with in Each Respective county of this province and An Act for Enforceing the Observation of the Ordinance for Establishing fees within this province Whereupon wee beg leave to Represent to your Majesty that Brigadier Hunter your Majesty's late Governour there hath informed us in relation to the two former of those Acts that the Judges of the Supream court of Justice in that province, have represented to him that the Said Acts are entirely destructive of their Jurisdiction, and unfit to be continued, with whome M Burnet Your Majestys present Governour by his Letter of the 1st of August last doth agree for which reason wee are of Opinion the Said Acts Should be repealed, And So much the rather because they are Intended to be perpetuall And as to the third Relateing to the Enforceing the Observation of the Ordinance for Establishing fees which So Reduce the fees of the patent Officers, that it is Impossible for them to Subsist thereon, the Said Brigadier Informed us the Said Acts was chiefly designed and calculated as a punishment to a person then Secretary of that province who was a man of Notorious ill character and that had been guilty of Several Irregularities in his office whome he wo'ld have displaced had he not been a pattent officer, and for so much as the whole Scope of this Act is to take Away the Accustomed fees of Office from persons who do Enjoy the same by imediate pattents from the Crown by which appointment of the crown the dependance of the plantations is in Some measure Secured to great Brittain; We are of Opinion that these three acts may be disallowed they appearing to us to be great Jncroachments upon the prerogative of the Crown All which is most humbly submitted Whitehall Janry y° 10th 172 J CHETWYND P DORMINIQUE M: BLADEN RICH PLUMER At the Court of St Jameses the 20th Day Janry 1721 Where as by comission under the great Seal of great Brittain the Governour councill and Assembly of his Majestys Province of New Jersey in America are authorised and impowered to make, constitute and Ordain Laws Statutes and ordinances for the Publick peace wellfare and Good government of the Said province, which laws, Statutes and Ordinances are to be as near as conveniently may be agreable to the Laws and Statutes of his Majestys Kingdoms and to be transmitted to his majesty for his Royal approbation or disallowance And whereas in pursuance of the said powers three laws have been passed in the said province & transmitted as follows vizt An Act for Shorting law Suits and regulating the practice of the Law An Act for Acknowledging and Recording of Deeds & conveyances of Land within each respective county of this province An Act for Enforceing the Observation of the Ordinance for Establishing fees within this province Which laws have been perused and considered by the Lords comissioners for trade and Plantations and by them presented to this board with their humble Opinion that the same be repealed His Majesty this day takeing the Same into consideration is pleased with the advice of his privy council to |