Journal, May 1729
Journal Book F.F

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Institute of Historical Research

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Author

K. H. Ledward (editor)

Year published

1928

Pages

26-39

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'Journal, May 1729: Journal Book F.F', Journals of the Board of Trade and Plantations, Volume 6: January 1729 - December 1734 (1928), pp. 26-39. URL: http://british-history.ac.uk/report.aspx?compid=81573 Date accessed: 02 September 2014.


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Journal, May 1729

May 1. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman.

Nova Scotia.

Persons attend about the settlement of Palatines.

Colonel Dunbar and Mr. Coram attending, as they had been desired, with Mr. Hintz, an agent of the Palatines, their Lordships, after some discourse with them, in relation to some Irish and Palatine families, who are desirous of settling to the eastward of Kennebeck, desired they would let the Board have in writing, as soon as possible, an account of what encouragements these people desire, which they promised to do accordingly.

Bahamas.

Letters from Captain Phenney, with papers.

The two following letters from Captain Phenney, Governor of the Bahamas, were read, and the papers, therein respectively referred to, were laid before the Board, viz:—

A letter from him, dated the 4th of November, 1728.
Naval Officer's list of vessels entered inwards and cleared outwards at New Providence, between the 26th of March and 24th of June, 1728.

A letter from him, dated the 23rd of November, 1728.
Minute of Council concerning droits of Admiralty.
Naval Officer's lists of ships entered and cleared at the Bahamas, from Midsummer, 1728, to Michaelmas following.

Captain Rogers summoned.

Whereupon ordered that Captain Rogers, appointed Governor of the Bahamas, be desired to attend the Board on Tuesday next.

May 2. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

Newfoundland.

Letter to Mr. Burchet about answers to the heads of inquiry last year.

Ordered that a letter be writ to Mr. Burchet, Secretary to the Lords of the Admiralty, to desire that the answers to the heads of enquiry, in relation to the Newfoundland fishery carried on the last year, may be sent to this office as usual.

May 6. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

Newfoundland.

Letter from Mr. Burchet about heads of inquiry.

A letter from Mr. Burchet, dated the 2nd instant, desiring that heads of inquiry may be prepared for the Commodore of the Newfoundland Convoy this year, was read. And their Lordships resolved to consider further thereof, when the answers to heads of inquiry given to the Commodore of the Newfoundland Convoy the last year, shall be sent to this office from the Admiralty.

Order of the Committee of Council about instructions for Lord Vere Beauclerk, and separating Government of Placentia from Nova Scotia.

His Lordship summoned.

An Order of the Committee of Council, dated the 30th of the last month, directing this Board to consider of proper instructions for the Lord Vere Beauclerk, appointed Commodore of the Newfoundland Convoy this year, and likewise of a commission for some other person for establishing a civil government there, and whether it may not be proper to separate the Government of Placentia from that of Nova Scotia, and to make the Company there an independant Company. It was ordered that the Lord Vere Beauclerk be acquainted with the Board's desire of speaking with him upon this subject to-morrow morning.

Nova Scotia.

Letter and memorials.

Settlement of Palatines.

A letter from Mr. Hintz, with his memorial: a memorial from Colonel Dunbar and Mr. Coram: and a memorial from Colonel Dunbar, all in relation to the settlement of some Palatine families between the rivers Kennebeck and St. Croix, were severally read. And their Lordships resolved to consider further thereof on Thursday morning next.

Bahamas.

Captain Rogers attends.

Captain Rogers attending, as he had been desired, their Lordships shewed him the list of the names of the Councillors of the Bahama Islands, and desired to know whether he had any alterations to propose therein. Whereupon he acquainted the Board, that Mr. Ferral and Mr. Frazer, two of the said Councillors, were dead, and at the same time recommended Mr. White and Mr. Jenner to supply their places, which being agreed to by the Board, ordered that their names be inserted in the draught of instructions for Captain Rogers, agreed the 15th of the last month. And Captain Rogers further acquainting the Board, that the said Councillors are not equally qualified to act as such, desired they might take place as follows, which was agreed Councillors agreed.
to by the Board, viz:—William Fairfax, Richard Thompson, senior, John White, Samuel Watkins, William Spatchers, senior, John Howd, James Jenner, Richard Thompson, junior, Thomas Barnet, senior, Thomas Spencer, senior, William Jones and Benjamin Saunders, Esqs.

Representation.

His instructions.

Ordered that the draught of a representation be prepared upon Captain Rogers' said instructions.

Minutes of Council.

Rights of Admiralty.

Letter to Mr. Fane.

Their Lordships then took again into consideration the Minutes of the Council of the Bahamas of the 18th of November, 1728, read the 1st instant, relating to the rights of Admiralty, and ordered that a copy thereof as also of the charter of these islands and of the surrender of the right of government, etc., from the Lords Proprietors, be referred to Mr. Fane, for his opinion in point of law, whether the rights of Admiralty are included in the said surrender.

May 7. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Cary, Sir Thomas Frankland.

Newfoundland.

Lord Vere attends.

His Lordship's instructions.

The Lord Vere Beauclerk attending, as he had been desired, the Board took again into consideration the Order of the Committee of Council about instructions, etc., for his Lordship as Commodore of the Newfoundland Convoy, mentioned in yesterday's Minutes, and made a progress in the consideration thereof.

May 8. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary, Sir Thomas Frankland.

Newfoundland.

Letter from Lord Vere.

Answer to heads of inquiry.

A letter from the Lord Vere Beauclerk, inclosing his answer to part of the heads of inquiry, and promising to send a scheme of the fishery carried on the last year, in a few days, was read.

His Lordship's instructions.

Draught of a report.

Their Lordships then took into consideration the Order of the Committee of Council relating to the instructions, etc., for the Lord Vere Beauclerck, appointed Commodore of the Newfoundland Convoy this year, mentioned in yesterday's Minutes, and gave directions for preparing the draught of a report thereupon.

Nova Scotia.

Memorials about the settlement considered.

Draught of a representation.

Their Lordships also considered the memorials from Mr. Hintz, Colonel Dunbar and Mr. Coram, and from Colonel Dunbar, in relation to the proposed settlement between New England and Nova Scotia, mentioned in the Minutes of the 6th instant, and gave directions for preparing the draught of a representation thereupon.

May 9. Present:—Earl of Westmorland, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Jamaica.

Acts considered.

Revenue.

White, people, etc.

Mr. Attorney and Mr. Solicitor General's report.

Draught of a representation.

Their Lordships taking into consideration the two following Acts, passed at Jamaica in April, 1728, entituled, An Act for granting a revenue to His Majesty, his heirs and successors for support of the Government of the island, and for reviving and perpetuating the Acts and laws thereof, and An Act to oblige the several inhabitants of this island to provide themselves with a sufficient number of white people, etc.; Mr. Attorney and Mr. Solicitor General's report thereupon, was read. And their Lordship's gave directions for preparing the draught of a representation upon the said Acts.

Act. Poll Tax.

Ordered that the draught of a representation, directed to be prepared the 21st of February last, upon the Act for raising a tax by the poll and on trade, and applying the same to several uses, be added to the draught ordered this day.

Act considered.

Portland Parish.

Their Lordships taking again into consideration the explanatory Act for the further encouraging the settling the parish of Portland, mentioned in the Minutes of the 26th of February last, resolved to consider further thereof on Wednesday morning next.

May 13. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Cary, Sir Thomas Frankland.

Newfoundland.

Draught of a report.

Lord Vere's instructions, etc.

Agreed.

Their Lordships taking into consideration the draught of a report, directed to be prepared the 8th instant, upon an Order from the Committee of Council, relating to instructions for the Lord Vere Beauclerck, Commodore of the Newfoundland Convoy, read the 6th instant: as likewise the draught of a commission and instructions for a Governor of Newfoundland, and of instructions for the Lord Vere Beauclerck, Commodore of the Newfoundland Convoy, thereby directed, the same were agreed, and ordered to be transcribed, as was also the said draught of a report.

Bahamas.

Report. Captain Rogers' instructions signed, and letter to the Duke of Newcastle.

The representation upon Captain Rogers's instructions for the Government of the Bahama Islands, ordered to be prepared the 6th instant, was agreed and signed, as also a letter for inclosing the same to his Grace the Duke of Newcastle.

May 14. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Cary, Sir Thomas Frankland.

Jamaica.

Letter from General Hunter, with papers and Acts.

A letter from Major General Hunter, Governor of Jamaica, dated March 8th, 1728–9 was read, and the papers, therein referred to, were laid before the Board, viz:—
Minutes of Council, from the 3rd of September, 1728, to the 15th of February, 1728–9.
Minutes of Council in Assembly, from the 22nd of January, 1728–9, to the 15th of February following.
Minutes of Assembly, from the 3rd of September, 1728, to the 15th of February, 1728–9.
Six public Acts, passed in February, 1728–9.

Acts sent to Mr. Fane.

Ordered that the said Acts be sent to Mr. Fane, for his opinion thereupon in point of law.

Act, Parish of Portland to be considered.

The Board then resolved to consider further of the Jamaica Act for the further encouraging the settling the parish of Portland, mentioned in the Minutes of the 9th instant, when Mr. Fane shall have made his report upon the Jamaica Acts, now ordered to be sent to him, among which there is one in relation to Port Antonio.

Representation on Acts signed.

The representation, ordered to be prepared the 9th instant, upon the following Acts of Jamaica, was agreed and signed, viz:—

Revenue.

An Act for granting a revenue to His Majesty, his heirs and successors for the support of the Government of the island and for reviving and perpetuating the Acts and laws thereof.

White people.

An Act to oblige the several inhabitants of this island to provide themselves with a sufficient number of white people, etc.

Poll tax.

An Act for raising a tax by the poll and on trade, and applying the same to several uses.

Newfoundland.

Representation, Commission and instructions, signed.

The representation to the Lords of the Committee with the draught of a commission and instructions for a Governor of Newfoundland and of instructions for Lord Vere, Commodore of the Convoy, agreed yesterday, was signed.

Nova Scotia.

Colonel Dunbar attends.

Settlements.

Report signed.

Colonel Dunbar attending, their Lordships took into consideration the draught of a report, ordered to be prepared the 8th instant, in relation to his proposals for making settlements between Kennebeck and St. Croix, and proposed to him instead of the quit rents, mentioned in the papers upon this subject, considered the 8th instant, that the new settlers should pay 1 penny sterling per acre for their land to the King and one penny more towards defraying the charge of a civil government, and Colonel Dunbar said, he believed they would agree thereto. Their Lordships then signed their report upon this subject to the Lords of the Committee.

Letter from Mr. Burchet.

Heads of inquiry, Canso fishery, answer ordered.

A letter from Mr. Burchet, of the 10th instant, desiring to know, whether the Board have any heads of inquiry to send by the man of war appointed to protect the fishery at Canco, was read, and the draught of an answer ordered to be prepared accordingly.

May 15. Present:—Earl of Westmorland, Mr. Docminique, Sir Thomas Frankland.

Nova Scotia.

Heads of inquiry Canso fishery sent.

The draught of heads of inquiry, ordered yesterday to be prepared, for the Captain of the ship appointed to attend the fishery at Canco, were agreed and ordered to be sent to Mr. Burchet.

Newfoundland.

Letter to Mr. Burchet.

Heads of inquiry to be sent as instructions.

Their Lordships taking again into consideration the letter from Mr. Burchet about heads of inquiry for the Commodore of the Newfoundland Convoy, read the 6th instant; ordered that he be acquainted that the usual heads of inquiry are now laid before His Majesty, in order to be sent as instructions from His Majesty to the Commodore.

May 16. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Cary, Sir Thomas Frankland.

Nova Scotia.

Letter from Colonel Dunbar.

Settlement and survey.

Answer ordered.

Letter from Colonel Dunbar, Surveyor General of His Majesty's Woods in America, relating to a settlement in Nova Scotia and the survey to be made there, dated the 16th of May, 1729, was read; whereupon ordered that an answer be made to his said letter.

New England.

Copy of a letter from Colonel Dunbar's deputy.

State of the woods.

The copy of a letter from Colonel Dunbar's deputy, dated the 26th of March, 1729, relating to the state of the woods in New England, was read.

Trade.

Letter from Lord Townshend.

State of the commerce at Hamburgh.

A letter from the Lord Viscount Townshend, of the 3rd of January, 1728–9, with an account from Mr. Wych, His Majesty's Envoy Extraordinary at Hamburgh, of the state of the commerce of His Majesty's subjects in those parts, was read.

Letter from Mr. Burchet.

Whale fishery at Bona Experance.

A letter from Mr. Burchet, dated the 13th February last, inclosing the extract of one from a Captain of one of His Majesty's ships, relating to the whale fishery at Cape Bona Experance, was read.

Africa.

Letter from Mr. Stanyan, with papers.

A letter from Mr. Stanyan, by order of the Duke of Newcastle, dated the 14th of February last, was read; and the papers, therewith transmitted, were laid before the Board, viz:—
Extract of Captain Smith's letter, from the river Gambia.
Copy of the factory at Gambia's letter to Captain Smith.
Copy of Captain Smith's letter to the factory at Gambia.
State of the trade at Gambia in Africa.

Letter from Mr. Burchet African Company's fort surprised by Portuguese blacks.

A letter from Mr. Burchet, Secretary to the Lords of the Admiralty, of the 15th of February last, inclosing two papers relating to the Royal African Company's fort on Bonce Island being surprised by some Portuguese blacks, etc., was read.

Letter from Mr. Tigh.

Ships passing and repassing the Sound.

A letter from Mr. Tigh, consul at Elsinore, dated the 31st of December, 1728, with lists of ships passing and repassing the Sound for the said year, was read.

Virginia.

Letter from Major Gooch.

Quit rents.

New Counties.

Letter to him ordered, to answer all his letters unanswered.

A letter from Major Gooch, Lieutenant Governor of Virginia, dated the 6th of November, 1728, in relation to the payment of quit rents in the two new counties, was read. And their Lordships, taking into consideration the several letters from Major Gooch, not yet answered, gave directions for preparing the draught of a letter to him.

Letter to the Duke of Newcastle about presents and tracts of land, mentioned in the said letters.

Ordered that the draught of a letter be prepared to his Grace the Duke of Newcastle, in relation to the presents mentioned to be received by Major Gooch in the aforesaid letters, and in relation to the large tracts of land taken up in the two new counties, but not yet confirmed by His Majesty.

May 19. Present:—Earl of Westmorland, Mr. Pelham, Mr. Ashe.

Antigua.

Letter from Lord Londonderry.

A letter from the Lord Londonderry, dated the 7th of January, 1728–9, transmitting:
Chancery Act.
An Act to supply the defects of a certain Act of the island of Antigua, intituled, An Act for constituting a Court of Chancery in this island, and for holding Courts of Chancery in the absence of the Commanders in Chief and for regulating Chancery proceedings, etc., was read.

Sent to Mr. Fane.

Ordered that the said Act be sent to Mr. Fane, for his opinion thereupon in point of law.

Collection of Antigua laws.

The Secretary then laid before the Board a collection of the laws in force at Antigua, from November, 1690, to August, 1724, which he received from Mr. Yeamans, agent for that island.

Virginia.

Several agents summoned.

Ordered that Mr. Leheup, agent for Virginia, Mr. Sharpe, Mr. Price, Mr. Beake, agent for St. Christophers, and Mr. Yeamans, agent for Antigua, be desired to attend the Board on Wednesday next.

May 20. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Sir T. Frankland.

Virginia.

The letters, ordered to he prepared on Friday last, to his Grace the Duke of Newcastle, in relation to the presents taken by Mr. Gooch, Lieutenant Governor of Virginia, and to the large tracts of land taken up in the two new counties, were agreed and signed.

Letter to Major Gooch agreed.

The draught of a letter to Major Gooch, directed to be prepared at the same time was agreed and ordered to be transcribed.

Barbadoes.

Letters from Mr. Worseley, with papers

The five following letters from Mr. Worseley, Governor of Barbadoes, were read, and the papers, therein respectively referred to, were laid before the Board, viz:—

A letter from him, dated the 12th of October, 1728.

A letter from him, dated the 28th of October, 1728.

A letter from him, dated the 8th of November, 1728.
Minutes of Assembly, of the 10th and 14th of September, 1728.
Storekeeper's accounts before and after the Governor's arrival, especially relating to flags for the forts.
and Acts.
An Act to reduce the rate of interest, passed in 1728.
An Act for the encouragement of William Ramsden, gentleman, in his new improvement of cattle mills for grinding sugar canes, passed in 1728.

A letter from him, dated the 10th of December, 1728.
Minutes of the Assembly, from the 10th of September, 1728, to the 7th of December following.
An Act for laying an imposition or duty on wines and other strong liquors imported into this island in order to raise money for payment of such persons as are or shall be imployed at the public charge, and for such other public uses, as are herein appointed, passed in 1728.

A letter from him, dated the 16th of December, 1728.
Minutes of Council, from the 20th of August, 1728, to the 28th of November following.
Copy of the Grand Jury's address to His Majesty; copy of their address to the Governor and copy of their address to the Chief Justice.
A list of the persons called on their recognizances at the Grand Sessions for the body of this island.

Public Acts sent to Mr. Fane.

Ordered that the two public Acts be sent to Mr. Fane, for his opinion thereupon in point of law.

Answers to the letters to be prepared.

Ordered that an answer be prepared to Mr. Worseley's said letters.

Letter from Mr. Lightfoot, with a paper.

A letter from Mr. Lightfoot, dated at Barbadoes, the 30th of December, 1728, was read, and the paper, therewith transmitted, laid before the Board, viz:—
A list of such persons as were thought proper, and of those thought improper, to serve on the Grand Jury, with an account of their estates.

Newfoundland.

Letter from the Mayor of Poole.

Trade and fishery.

Letter ordered to the commissioners of the Customs.

A letter from the Mayor of Poole, dated the 12th of February last, relating to the trade and fishery of Newfoundland, was read. And their Lordships, observing that a duty is now demanded for oil made at Newfoundland, ordered that a letter be wrote to the Commissioners of the Customs to know the reason thereof, since the Newfoundland Act exempts oil made there from any duty.

Answer ordered to the Mayor of Poole.

Ordered that an answer be returned to the said letter from the Mayor of Poole.

May 21. Present:—Earl of Westmorland, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir Thomas Frankland.

Virginia.

Several agents attend.

Act.

duty on slaves, Mr. Fane's report.

Mr. Leheup, agent for Virginia, attending, as he had been desired, as also Mr. Sharpe, in behalf of the merchants of London, Bristol and Liverpool, their Lordships took again into consideration the three Orders in Council, read the 8th of October last, referring to the Board petitions from the said merchants against an Act, passed in Virginia the 30th of March, 1728. for laying a duty on slaves imported, as also Mr. Fane's report thereupon, which was now read. And Mr. Sharpe desiring their Lordships, in behalf of the merchants, for the reasons mentioned in Mr. Fane's report, that they would please to lay this Act before His Majesty to be repealed, the Board asked Mr. Leheup what he had to offer in behalf of the said Act, and he said that he had no instructions in relation thereto.

Draught of a report to repeal the Act.

These gentlemen being withdrawn, ordered that the draught of a report be prepared for repealing the said Act.

Antigua.

Letter from Mr. Yeamans.

He cannot attend.

A letter from Mr. Yeamans, agent for Antigua, signifying his being so ill that he cannot attend, as he had been desired, was read.

Antigua.

Saint Christophers.

Nevis.

Mr. Beake attends.

Mr. Sharpe against three Acts.

Lord Londonderry's additional salary.

Mr. Beake, agent for St. Christophers, attending, as he had been desired, as also Mr. Sharpe, their Lordships took again into consideration the Order of the Committee of Council, dated the 30th of April, 1729, referring back two representations of this Board for confirming three Acts, passed in the Leeward Islands, relating to some settlements of additional salary on the Earl of Londonderry, Governor in Chief of those islands, and Mr. Sharpe, in behalf of the merchants, making some objections thereto, their Lordships desired he would put the same in writing, which he promised to do accordingly. The Board then resolved to consider further of these Acts to-morrow fortnight.

Barbados.

Mr. Price.

Assembly's complaint.

Mr. Sharpe attends for the Governor.

Mr. Price, agent for the Assembly of Barbadoes, attending, as he had been desired, in relation to their complaints against Mr. Worseley, the Governor of that island, as also Mr. Sharpe, agent for Mr. Worseley, their Lordships took again into consideration the letter from the Duke of Newcastle with the Assembly's complaint and the Governor's answer thereto, read the 25th of February last, and Mr. Sharpe acquainting their Lordships, that this answer from Mr. Worseley was to a complaint exhibited against him by part of the Assembly, (mentioned in the Minutes of the), that that complaint was different from what is now produced, and that he expected by the first ship Mr. Worseley's answer to this complaint: their Lordships agreed to postpone the further consideration of this affair for some time.

Letter to Mr. Worseley agreed.

The draught of a letter to Mr. Worseley, directed yesterday to be prepared, was agreed and ordered to be transcribed.

Massachusets.

Letter to Mr. Attorney and Solicitor General about the clergy.

Ordered that a letter be writ to Mr. Attorney and Solicitor General to remind them of the letter sent to them by the Secretary the 14th of November, 1727, for their opinion relating to certain grievances complained of by the clergy of the Church of England residing in the Massachusets Bay.

Jamaica.

Letter from General Hunter, with papers.

A Letter from Major General Hunter, Governor of Jamaica, to the Secretary, dated the 15th of January, 1728–9, was read.

A letter from him to the Board, dated the 15th of January, 1728–9, was read, and the papers, therein referred to, were laid before the Board, viz:—
Minutes of Council, of the 7th of January, 1728–9, upon a letter from the Lord Townshend, relating to the depredations of the Spaniards, and to the putting this island in a posture of defence.
Minutes of the Council of War, of the 7th of January, 1728–9.
An account of ordnance and stores.

A letter from him to the Secretary, dated the 10th of February, 1728–9.

Draught of an answer ordered.

Ordered that the draught of an answer be prepared thereto.

Memorial from Mr. King.

Act, Pero plantation.

A memorial from Thomas King, Esq., relating to an Act, passed in Jamaica in 1722, for encouraging the speedy settling of Pero or Pera plantation, was read; ordered that the Secretary do lay before the Board an account of what has been done upon this subject.

Virginia.

Act, judgements and specialities.

Sent to Mr. Fane.

The Secretary acquainting the Board that by the repeal of the Act, passed in Virginia 1705, declaring how long judgements, bonds, obligations and accounts shall be in force for the assignment of bonds and obligations directing what proof shall be sufficient in such cases, and ascertaining the damage upon protested bills of exchange, which their Lordships had laid before His Majesty for this purpose the 25th of March last; an Act thereby repealed declaring how long judgements and specialities shall be pleadable, would revive; ordered that the said Act be sent to Mr. Fane, for his opinion whether the Act upon this occasion revived will be lyable to the same objections as that lately repealed.

Newfoundland.

Letter to the Mayor of Poole.

The draught of a letter, directed yesterday to be prepared, to the Mayor of Poole, was agreed and ordered to be sent.

May 22. Present:—Mr. Docminique, Mr. Pelham, Sir Thomas Frankland.

Virginia.

Letter to Major Gooch signed.

The letter to Major Gooch. Lieutenant Governor of Virginia, agreed the 20th instant, was signed.

Representation.

Act, Duty on slaves.

The draught of a representation for repealing the Virginia Act for laying a duty on slaves imported, and for appointing a treasurer, ordered yesterday to be prepared, was agreed.

Barbados.

Letter to Mr. Worseley signed.

The letter to Mr. Worseley, Governor of Barbadoes, ordered to be prepared the 20th instant, was agreed and signed.

Bahamas.

Mr. Fane's report.

Rights of Admiralty.

Mr. Fane's report in answer to a letter wrote to him the 6th instant for his opinion, whether the rights of Admiralty in the Bahama islands are comprehended within the Lords Proprietors' surrender, was read; whereupon ordered that an authentic copy of Mr. Fane's said report be given to Captain Rogers, Governor of these islands.

May 23. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Sir T. Frankland.

Jamaica.

Memorial from Mr. Delafaye.

Want of councillors.

Representation.

Mr. Charlton of the Council.

A memorial from Mr. Delafaye, agent for Jamaica, in relation to the want of councillors there, and desiring the Board would please to recommend Mr. Charlton or Mr. Needham, in the room of Mr. Ayscough, was read. And their Lordships, taking again into consideration the letters from General Hunter, read the 21st instant, upon this subject, gave directions for preparing the draught of a representation for appointing Mr. Charlton of the Council accordingly.

Letter to General Hunter.

The draught of a letter to General Hunter, ordered to be prepared the 21st instant, was agreed.

Virginia.

Representation, Act, duty on slaves, signed.

The representation for repealing the Virginia Act, for laying a duty on slaves imported and appointing a Treasurer, agreed yesterday, was signed.

Massachusets.

Letter from Mr. Dummer, with papers.

The two following letters from Mr. Dummer, Lieutenant Governor of the Massachusets Bay, were read, and the papers, therein respectively referred to, were laid before the Board.

A letter from him, dated the 9th of September, 1727.
Minutes of Council of the 14th, 16th and 17th of August, 1727.

A letter from him, dated the 12th of March, 1727–8.
Advice of the Council about the bill for fortifications, etc.
Resolution of the Council in relation to the Act for raising a public levy.

Letters from Mr. Burnet, with papers.

A letter from Mr. Burnet, Governor of New England, dated at Boston, the 31st of March, 1729, complaining of the Assembly's assuming a power over the militia and forts there, and desiring two independent companies may be sent thither, was read.

A letter from him to the Secretary, dated the 31st of March, 1729, was read, and the papers, therein referred to, were laid before the Board, viz:—
Boston News Paper of the 17th of March, 1728–9.
Affidavit proving that the name James Penhallow in the list of Councillors was designed for John Penhallow.

New Hampshire.

Letters from Mr. Wentworth, with papers.

A letter from Mr. Wentworth, Lieutenant Governor of New Hampshire, dated the 20th of February, 1727–8, was read, and Naval Officer's list of ships laid before the Board.

A letter from him, dated the 30th of June, 1728, was read, and the papers, therein referred to, were laid before the Board, viz:—
Minutes of Assembly, from the 13th of December, 1727, to the 1st of June, 1728.
Account of powder expended and of stores remaining in Fort William and Mary, May the 28th, 1728.
Four Acts passed in this province A° 1° Georgii 2di.

New York.

Letter from Colonel Montgomerie, with papers.

A letter from Colonel Montgomerie, Governor of New York, dated the 30th of November, 1728, was read, and the papers, therein referred to, were laid before the Board, viz:—
Minutes of Council, from the 12th of February, 1727–28, to the 30th of November, 1728.
Affidavits referred to in the Minutes of Council, of the 13th of September, 1728.
Minutes of Assembly, from the 23rd of July, 1728, to the 21st of September following.
Naval Officer's lists of ships entered and cleared from Lady Day, 1728, to Michaelmas following.
Ordinances for the regulating the Court of Chancery, and a printed decree relating to the case of Medina and Company.
Copy of a bill for frequent calling and holding Assemblies in the colony of New York.
and Acts.
Nineteen public and 3 private Acts, passed in August and September, 1728.

Nova Scotia.

Letter from Colonel Armstrong.

A letter from Colonel Armstrong, Lieutenant Governor of Nova Scotia, dated the 9th of July, 1728, was read.

New Hampshire.

New York.

Public Acts sent to Mr. Fane.

Ordered that all the above mentioned public Acts be sent to Mr. Fane, for his opinion thereupon in point of law.

Answers to the letters to be prepared.

Ordered that draughts of answers be prepared to the above mentioned letters from Mr. Burnet, Mr. Wentworth, Colonel Montgomerie and Colonel Armstrong.

May 27. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham.

Letter to Mr. Burnet agreed.

The draught of a letter to Mr. Burnet, Governor of the Massachusets Bay, ordered to be prepared at the last meeting, was agreed.

Jamaica.

Representation, Mr. Charlton a councillor, signed.

A representation proposing Mr. Charlton to be of the Council of Jamaica in the room of Mr. Ayscough, ordered to be prepared at the last meeting, was signed, as also a letter to General Hunter.

New Hampshire.

Representation, John instead of James Penhallow, a councillor.

A representation proposing John instead of James Penhallow to be of the Council of New Hampshire, was signed.

Letter to Mr. Wentworth.

A letter to Mr. Wentworth, Lieutenant Governor of New Hampshire, directed to be prepared at the last meeting, was agreed and ordered to be sent.

Nova Scotia.

Letter to Colonel Armstrong.

The draught of a letter to Colonel Armstrong, Lieutenant Governor of Nova Scotia, ordered to be prepared at the last meeting, was agreed, as likewise

New York.

The draught of a letter to Colonel Montgomerie, Governor of New York.

New England.

Order of the Committee of Council.

Letter from Mr. Burnet.

Two independent companies.

An Order of the Committee of Council, of the 14th instant, referring to the Board a letter from Mr. Burnet, Governor of New England, concerning the necessity of sending two independent companies thither, was read; and their Lordships agreed to consider further thereof at another opportunity.

May 28. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Ashe, Sir Thomas Frankland.

Nova Scotia.

Letter from Colonel Dunbar.

Settling Irish families.

A letter from Colonel Dunbar, dated this day, desiring their Lordships would order him a copy of their report upon his proposal relating to the settling some Irish families, etc., at Nova Scotia, now in New England, was read; whereupon ordered that a copy of the said report be sent to him.

Letter to Colonel Armstrong.

Letter to Colonel Armstrong, Lieutenant Governor of Nova Scotia, agreed yesterday, was signed.

New York.

Letter to Colonel Montgomerie.

A letter to Colonel Montgomerie, Governor of New York, agreed yesterday, was signed.

New England.

Letter to Mr. Burnet.

A letter to Mr. Burnet, Governor of New England, agreed yesterday, was signed.

Trade.

Letters from consuls.

The undermentioned letters, received from several of His Majesty's consuls and ministers in foreign parts, relating to the duties payable upon British goods in the respective places where they reside, viz, were read.

A letter from Mr. Dean, consul at Ostend, dated the 6th of May, 1728, N.S.

A letter from Mr. Wich, envoy at Hamburgh, dated the 30th April, 1728, N.S.

A letter from Mr. Jackson, resident at Stockholm, dated the 1st of May, 1728.

A letter from him, dated the 15th of May, 1728.

A letter from Mr. Tigh, consul at Elsinore, dated the 4th of May, 1728, N.S.

A letter from Mr. Bagshaw, consul at Genoa, dated the 11th of May, 1728, N.S.

Two letters from Mr. Pringle, consul at San Lucar and Seville, dated the 17th of May and 1st of June, 1728.

A letter from Mr. Barker, consul at Alicante, dated the 30th of May, 1728.

A letter from Mr. Parker, consul at Corunna, dated 23rd May, 1728.

A letter from Mr. Hollway, consul at Malaga, dated 25th May, 1728.

A letter from Mr. Cayley, consul at Cadiz, dated the 5th of October, 1728, N.S.

A letter from Mr. Russell, consul at Barbary, dated the 13th of May, 1728.

A letter from Mr. Lodington, consul at Tripoli, dated the 13th of August, 1728.

A letter from Mr. Brown, consul at Venice, dated the 25th of June, 1728.

A letter from Mr. Chamberlayne, consul at Messina, dated the 28th of June, 1728.

A letter from Mr. Allen, consul at Naples, dated the 11th of June, 1728.

A letter from Mr. Crosse, junior, consul at the Canaries, dated the 19th of June, 1728.

A letter from Mr. Hudson, consul at Algiers, dated the 16th of July, 1728.

A letter from Mr. Paul, consul at Zante, dated the 10th of July, 1728.

A letter from Mr. Compton, consul at Lisbon, dated the 24th of April, 1729, N.S.

Letter to the Consuls.

New duties.

Ordered that a letter be writ to the said consuls to know whether any new duties or hardships, and what, have been laid on the British trade in the several places where they reside.

May 29. Present:—Earl of Westmorland, Mr. Docminique, Mr. Ashe, Sir T. Frankland.

New Jersey.

Memorial from Mr. Partridge.

New Jersey Acts.

The memorial from Mr. Partridge, agent for New Jersey, mentioned in the Minutes of the 13th of the last month, desiring the confirmation of several New Jersey Acts therein mentioned, being again read, their Lordships took the following Acts, with Mr. West and Mr. Fane's reports thereon, under consideration, and agreed, as is expressed under each respective title, viz:—

An Act for confirming conveyances of land made, and to be made, by wills and powers of attorney, and declaring what exemplifications of records, etc., passed in 1713.

To be confirmed.

An Act for the recovering the debts of Isaac Emanuel, late absconded. Passed in 1722. No person having objected thereto, to lye by.

An Act for preventing multiplicity of law suits. Passed in 1722. No person having objected thereto, to lye by.

An Act for the limitations of actions and for avoiding suits in law. Passed in 1727–8. To lye by.

Mr. Fane and Mr. Partridge to attend.

Their Lordships then agreed to proceed further in the consideration of the New Jersey Acts to-morrow morning, and ordered that Mr. Fane and Mr. Partridge be desired to attend the Board at the same time.

May 30. Present:—Earl of Westmorland, Mr. Docminique Mr. Pelham, Mr. Ash, Sir Thomas Frankland.

New Jersey.

Mr. Fane and Mr. Partridge attend.

Mr. Fane and Mr. Partridge, agent for New Jersey, attending, as they had been desired, the Board took into consideration the following Acts of that province, passed in 1727–8, and agreed, as is expressed under each respective title, viz:—

New Jersey Acts.

An Act for the making of £24,760 in bills of credit, in order to exchange the bills of credit formerly made current in this province by an Act passed in the year of our Lord 1723. To lye by.

An Act for the frequent meeting and calling of the General Assembly of this province, and for the alternate sitting thereof. To be repealed.

An Act prescribing the forms of declaration of fidelity, the effect of the objuration oath and affirmation instead of the forms heretofore required in such cases, and for repealing the former Acts in the like cases made and provided. To lye by till the Board hear from Colonel Montgomerie. Vide his letter of 23rd May, 1729.

An Act the better to prevent the concealing of stray cattle, horses and sheep. To lye by.

An Act for preventing malicious prosecutions on indictments and other suits of the crown, and rectifying sundry abuses in the proceedings thereon. To be confirmed.

An Act for appropriating a part of the interest money paid into the Treasury by virtue of a law of this province to the incidental charges of this Government, and for subjecting the residue to future appropriations. To lye by till the Board hear from Colonel Montgomerie. Vide letter to him of 20th November, 1728.

An Act for the amendment of the law relating to highways and bridges, for explaining certain clauses in several former Acts concerning the power of the justices and freeholders therein mentioned, and for directing the method for raising of money to pay for the bridge last built over South River. To lye by.

An Act for lessening the salaries of the Commissioners appointed to manage the Loan Offices in the several counties of this province. To lye by.

Acts sent to Mr. Fane.

Law suits.

Registering deeds

Ordered that the Acts, passed at New Jersey in 1727–8, for shortening of law suits and regulating the practice and practitioners of the law and other officers; as also the Act concerning the acknowledging and registering deeds and conveyances of land and declaring how the estate or right of a femme coverte may be conveyed or extinguished, be sent to Mr. Fane, together with the Act for shortening law suits and regulating the practice of the law, passed in 1713; and an Act for acknowledging and recording of deeds and conveyances of land, passed likewise in 1713, both which Acts were reported to be repealed the 10th of January, 1721–2, for his opinion whether the two first mentioned Acts are not of the same nature, in point of law, with the two last mentioned.

and the Act, Town of Salem.

Ordered that the Act for vesting the right of election of representatives to serve in the General Assembly of this province in the county of Hunterdon in the western division thereof, and for suspending the choice of the town of Salem, until some further provision be made, passed in 1727–8, be sent to Mr. Fane for his opinion, whether the Assembly's taking upon them to confirm what His Majesty had before done by virtue of his prerogative, is not lessening His Majesty's said prerogative.