Page:American Archives, Series 4, Volume 1.djvu/128

131 and shall thereupon give to each witness a certificate, in writing, under his hand and seal, that such witness has entered into a recognizance to give evidence, and specifying the sum allowed for his expenses; and the Collector and Collectors of the Customs, or one of them, within the said Province, upon the delivery of such certificate, are, and is hereby authorized and required, forthwith to pay to such witness the sum specified therein for his expenses.

And be it further enacted by the authority aforesaid, That all prosecutors and witnesses, who shall he under recognizances to appear in any of his Majesty's Colonies in America, or in Great Britain, in pursuance of this Act, shall be free from all arrests and restraints, in any action or suit to be commenced against them during their going to such Colony, or coming to Great Britain, and their necessary stay and abiding there, on occasion of such prosecution, and returning again to the said Province of the Massachusetts Bay.

And be it further enacted by the authority aforesaid, That all and every his Majesty's Justices of the Peace, and other Justices and Coroners, before whom any person shall be brought, charged with murder, or other capital crime, where it shall appear by proof, on oath, to such Justices or Coroners, that the fact was committed by such person, either in the execution of his duty as a Magistrate, for the suppression of riots, or in the support of the Laws of Revenue, or in acting in his duty as an Officer of Revenue, or in acting under the direction and order of any Magistrate, for the suppression of riots, or for the carrying into effect the Laws of Revenue, or in aiding and assisting in any of the eases aforesaid, are hereby authorized and required to admit every such person so brought before him or them, as aforesaid, to bail; any law, custom, or usage, to the contrary thereof in any wise notwithstanding.

And be it further enacted by the authority aforesaid, That where it shall be made appear to the Judges or Justices of any Court, within the said Province of Massachusetts Bay, by any person, against whom any inquisition or indictment shall be found, or appeal sued or preferred for murder, or other capital crime, that the fact was committed by such person, either in the execution of his duty as a Magistrate, for the suppression of riots, or in the support of the Laws of Revenue, or in acting in his duty as an Officer of Revenue, or in acting under the direction and order of any Magistrate, for the suppression of riots, or for the carrying into effect the laws of revenue, or in aiding and assisting in any of the cases aforesaid, and that he intends to make application to the Governor, or Lieutenant Governor of the said Province, that such inquisition, indictment, or appeal, may be tried in some other of his Majesty's Colonies, or in Great Britain, the said Judges or Justices are hereby authorized and required to adjourn or postpone the the trial of such inquisition, indictment, or appeal, for a reasonable time, and admit the person to bail, in order that he may make application to the Governor, or Lieutenant Governor, for the purpose aforesaid.

And be it further enacted, That the Governor, or in his absence, the Lieutenant Governor, if he shall direct the trial to be had in any other of his Majesty's Colonies, shall transmit the inquisition, indictment, or appeal, together with the recognizances of the witnesses, and other recognizances, under the seal of the Province, to the Governor, or Lieutenant Governor, or Commander-in-Chief, of such other Colony, who shall immediately issue a commission of Oyer and Terminer, and deliver, or cause to be delivered, the said inquisition, indictment, or appeal, with the said recognizances, to the Chief Justice, and such other persons as have usually been Commissioners of Oyer and Terminer, Justices of Assize, or General Gaol Delivery there; who shall have power to proceed upon the said inquisition, indictment, or appeal, as if the same had been returned, found, or preferred before them; and the trial shall thereupon proceed in like manner, to all intents and purposes, as if the offence had been committed in such place: and in case the Governor, or, in his absence the Lieutenant Governor, shall direct the trial to be had in Great Britain, he shall then transmit the inquisition, indictment, or appeal, together with the recognizances, of the witnesses, and other recognizances, under the seal of the Province, to one of his Majesty's principal Secretaries of State, who shall deliver, or cause to be delivered, the same, to the Master of the Crown Office, to be filed of record in the Court of King's Bench, and the inquisition, indictment, or appeal, shall be tried and proceeded upon, in the next term, or at such other time as the Court shall appoint, at the Bar of the Court of King's Bench, in like manner, to all intents and purposes, as if the offence had been committed in the county of Middlesex, or in any other county of that part of Great Britain called England, where the Court of King's Bench shall sit, or else before such Commissioners, and in such county, in that part of Great Britain called England as shall be assigned by the King's Majesty's commission, in like manner and form, to all intents and purposes, as if such offence had been committed in the same county where such inquisition, indictment, or appeal, shall be so tried.

And be it enacted by the authority aforesaid, That in case, on account of any error or defect in any indictment, which, in virtue, or under the authority of this Act, shall be transmitted to any other Colony, or to Great Britain, the same shall be quashed, or judgment thereon arrested, or such indictment adjudged bad on demurrer, it shall and may be lawful to prefer a new indictment or indictments against the person or persons accused in the said Colony, to which such indictment, so quashed or adjudged bad, shall have been transmitted, or before the Grand Jury of any county in Great Britain, in case such former indictment shall have been transmitted to Great Britain, in the same manner as could be done in case the party accused should return to the place where the offence was committed; and the Grand Jury and Petty Jury of such other Colony or county in Great Britain shall have power to find and proceed upon such indictment or indictments, in the same manner as if the offence, by such indictment or indictments charged, had been committed within the limits of the Colony or county for which such Juries shall respectively be empannelled to serve.

And be it further enacted, by the authority aforesaid, That this Act, and every clause, provision, regulation, matter, and thing, herein contained, shall commence and take effect upon the first day of June, one thousand seven hundred and seventy-four; and be, and continue in force, for and during the term of three years.

Mr. Rose Fuller, gave notice that he intended to move on Tuesday next, for a Committee on the Tea Duty, to see whether or not it was possible to repeal the Act, laying that duty, before the Bill for the better regulating the Government of Massachusetts Bay, took effect.

Mr. Fuller moved, that an Act, made in the seventh year of the reign of his present Majesty, intituled, "An Act for granting certain Duties in the British Colonies and Plantations in America; for allowing a Drawback of the Duties of Customs upon the exportation from this Kingdom of coffee and cocoa nuts, of the produce of the