given as by the Said law has been required And further it appears that the said Robert Burnet died without leaving sufficient Estate to pay his debts And that he made divers and sundry legacies to his children by the Said Will, none of wch for want of Sufficient to pay his debts have been or can be paid and that therefore the Executors to the will cannot or ought not to give in Such Security as by the said law is required And further that the said Negros have not served the ten years time So dutyfull to their masters as were there sufficient Estate in the Executors hands to intitle them to the favour of their giveing in the Security required by the said Act upon the whole as Peter Burnet was by the purchase of the said Negros Equally entitled to them with the said Robert And by Over liveing him the same Robert wholly intituled to them in law, And by paying the whole price of them Also intituled to them in Equity 2 As Robert Burnet had not right for these reasons to give the Negros their freedom by his Will, or if he had yet as care was not taken by him to comply with the law afore recited 3 as the law aforesaid is not complyed with, nor Sufficient Estate of the Said Robert in the Executors hands to comply with it & were there, yet the behaviour of the Said Negros haveing been such as does not deserve This Board is of Opinion that the Said Negros Will and Bella are not free, nor by the Said Will of Robert Burnet have any pretence in law or Equity to be free, And does direct the said Will and Bella to Submit to their Said Master David Lyell otherwise to Expect Such punishments as their master and the law will inflict upon him PM Present as before Except m' Lyell The petition of Sundry of the freeholders and inhabitants of the County of Bergen praying that the Circuits may be also appointed by an Ordinance to come yearly in to their county as it does into other County's being read Ordered that it be referred to A comittee of any five or more of this board to consider of the Said Petition and to report to this board what alterations they shall think will be proper to make of the Ordinance for regulating of Courts of Judicature On motion of m' Alexander Setting forth the great delay of Justice by the practitioners of the law in demurrers Special pleadings and Special verdicts and that as the practice is now managed it is comonly two years at least before any Judgment can be had in such cases Ordered that the said James Alexander do prepare and lay before this board a bill for remedying the said delay At a council held att Perth Amboy June y 18th 1725 Present His Excellency William Burnet Esq' Governour & Lewis Morris James Smith James Alexander EsqTM The General Assembly waited upon the Governour and presented the following Address May it Please your Excellency The Season of the year is So far advanced that wee cannot hope to go through the Service of Our King and country before the ingathering of Our harvest, there being Severall things of importance now before us which require Our utmost care & deliberation Wee therefore humbly pray your Excellency will be pleased to adjourn us until the twentyeth of July next and intirely rely upon your wonted goodness that for the reasons above your Excellency will Grant this Our Request Signed by Order of the house JOHN JOHNSTON Speaker To which his Excellency Desired them to Adjourn themselves to the twentieth of July At A Councill held att Perth Amboy June 19th 1725 Woodruff ver in Error By the consent of the parties the lease of Jacob Daniel is further enlarged to the twenty fourth of January next And it is also ordered that there be A rehearing in this cause before the Governour and councill the first tuesday in August Next And that the partys have Notice thereof forth with Vaughan Att a Councill held att Perth Amboy July 23 1725 A Message from the house of Representatives by m❜ Boune and m' Samuel Leonard with a Bill intituled An Act to lay a duty on wheat wheat meal Staves and heading and all sorts of Bolts whereof Staves or heading may or can be made, to which they desire the concurrence of this board Ordered the said Bill be read The Said Bill was read the first time And Ordered to be read A Second time 1 Mr Lyell Desired leave to bring in a Bill for regulating the Seize of casks Weights and measures and for appointing of packers within this province Resolved that m' Lyell have leave to bring in the said Bill At a council held att Perth Amboy July 27th 1725 Ordered that the bill Intituled An Act to lay a duty on wheat wheat meal staves and heading and all sorts of Bolts whereof staves or heading may or can be made, be read a Second time the said Bill was read the the Second time & comitted to the Gentlemen of the councill or Any five of them M' Lyell According to leave laid before this board An Act Intituled An Act to Assertain the Size of Casks weights and measures And to Appoint packers in each County within this province Ordered the said bill to be read the said Bill was read the first time And Ordered to be read A second time The Governour Comunicated to this board his Majesties Letter Appointing Robert Lettis Hooper Esq' chief Justice of the province of New Jersey in the Room and place of William Trent Esq' deceased And is as follows G: R: Trusty And Well beloved Wee Greet you well Whereas wee have taken into Our consideration the integrity and Ability of Our trusty and well beloved Robert Lettis Hooper Esq' wee have thought fit hereby to require you And authorize you forthwith to cause Letters pattents under our Seal of that Our province of New Jersey for constituting and Appointing the said Robert Lettis Hooper Our chief Justice of Our said province in the room and place of William Trent Esq' deceased to have hold Execute and Enjoy the said office to him the Said Robert Lettis Hooper Esq' for & during Our pleasure And his residence within Our said province Together with all and singular the Rights profits privileges and Emoluments unto the said place belonging in As full and ample manner as the Said William Trent or Any other person hath formerly held or of Right ought to have held or Enjoyed the Same with full power And Authority to hold the Supream courts of Judicature at such places and times as the same may and Ought to be held within Our said province And for So doing this shall be your warrant And So Wee bid you farewell Given at Our Court of St James's the ninth day of march in the Eleventh year of Our Reign By his majestys comand HOLLETT NEWCASTLE At a Council held att Perth Amboy August 2a 1725 Mr Smith chairman of the comittee to whome was referred the Bill intituled an act to lay a duty on wheat wheatmeal staves and heading and of all sorts of Bolts whereof staves or heading may or can be made, Reported that they had gone through the said Bill and was ready to report the same [with amendments] when this board was pleased to receive the Same |