II. And it is hereby further enacted, That the said assistants or counsellors, so to be appointed as aforesaid, shall hold their offices respectively, for and during the pleasure of his Majesty . . . ; and shall have and enjoy all the powers, privileges, and immunities, at present held, exercised, and enjoyed, by the assistants or counsellors of the said province, constituted and elected, from time to time, under the said charter (except as herein-after excepted) III. And be it further enacted . . ., That from and after. [July 1, 1774,] . . . it shall and may be lawful for his Majesty's governor for the time being of the said province, or, in his absence, for the lieutenant-governor, to nominate and appoint, under the seal of the province, from time to time, and also to remove, without the consent of the council, all judges of the inferior courts of common pleas, commissioners of Oyer and Terminer, the attorney general, provosts, marshals, justices af the peace, and other officers to the council or courts of justice belonging; and that all [the said officers] . . ., and other officers so appointed . shall and may have, hold, and exercise, their said offices, powers, and authorities, as fully and completely, to all intents and purposes, as any judges of the inferior courts of common pleas, commissioners of Oyer and Terminer, attorney general, provosts, marshals, or other officers, have or might have done heretofore under the said letters patent . . . annul . IV. [Provided, that the foregoing shall not be construed to any commission granted prior to July 1, 1774.] V. And be it further enacted. ., That, from and after [July 1, 1774] it shall and may be lawful for his Majesty's governor, or, in his absence, for the lieutenant-governor to nominate and appoint the sheriffs without the consent of the council, and to remove such sheriffs with such consent, and not otherwise. VI. And be it further enacted That, upon every vacancy of the offices of chief justice and judges of the superior court of the said province, from and after [July 1, 1774]. . ., the governor for the time being, or, in his absence, the lieutenantgovernor, without the consent of the council, shall have full power and authority to nominate and appoint the persons to succeed to the said offices, who shall hold their commissions during the pleasure of his Majesty . . . ; and that neither the chief justice or judges appointed before... [July 1, 1774] . . . nor those who shall hereafter be appointed pursuant to this act, shall be removed, unless by the order of his Majesty. . ... VII. And whereas, by several acts of the general court, which have been from time to time enacted and passed within the said province, the freeholders and inhabitants of the several townships, districts, and precincts, qualified, as is therein expressed, are authorized to assemble together, annually, or occasionally, upon notice given, in such manner as the said acts direct, for the choice of selectmen, constables, and other officers, and for the making and agreeing upon such necessary rules, orders, and bye-laws, for the directing, managing, and ordering, the prudential affairs of such townships, districts, and precincts, and for other purposes: and whereas a great abuse has been made of the power of calling such meetings, and the inhabitants have, contrary to the design of their institution, been misled to treat upon matters of the most general concern, and to pass many dangerous and unwarrantable resolves: for remedy whereof, be it enacted, that from and after . . . [August 1, 1774,] . . . no meeting shall be called by the select men, or at the request of any number of freeholders of any township, district, or precinct, without the leave of the governor, or, in his absence, of the lieutenantgovernor, in writing, expressing the special business of the said meeting, first had and obtained, except the annual meeting in the months of March or May, for the choice of select men, constables, and other officers, or except for the choice of persons to fill up the offices aforesaid, on the death or removal of any of the persons first elected to such offices, and also, except any meeting for the election of a representative or representatives in the general court; and that no other matter shall be treated of at such meetings, except the election of their aforesaid officers or representatives, nor at any other meeting, except the business expressed in the leave given by the governor, or, in his absence, by the lieutenant-governor. VIII. And whereas the method at present used in the province of Massachuset's Bay, in America, of electing persons to serve on grand juries, and other juries, by the freeholders and inhabitants of the several towns, affords occasion for many evil practices, and tends to pervert the free and impartial administration of justice: for remedy whereof, be it further enacted . . ., That from and after the respective times appointed for the holding of the general ... sessions of the peace in the several counties within the said province, next after . . . [September, 1774,] . . . the jurors to serve at the superior courts of judicature, courts of assize, general gaol delivery, general sessions of the peace, and inferior court of common pleas, in the several counties within the said province, shall not be elected, nominated, or appointed, by the freeholders and inhabitants of the several towns within the said respective counties, nor summoned or returned by the constables of the said towns; but that, from thenceforth, the jurors to serve at [the said courts] ... shall be summoned and returned by the sheriffs of the respective counties within the said province ... No. 42. Administration of Justice Act May 20, 1774 APRIL 15, 1774, the bill for regulating the government of Massachusetts having been presented in the House of Commons, Lord North moved for leave to bring in, "as the last measure that Parliament will take," a bill "for the impartial administration of justice, in the cases of persons questioned for any acts done by them in the execution of the laws, or for the suppression of the riots and tumults," in the Massachusetts colony. Leave being given, the bill was brought in on the 21st, had its second reading on the 25th, and May 6 passed, by a vote of 127 to 24. On the 9th it was carried up to the Lords, where it was read a second time on the 13th, and on the 18th passed, the vote being 43 to 12. Eight members of the Lords entered a protest against the bill. May 20 the act received the royal assent. Throughout the debate the attendance in each house was small. REFERENCES. Text in Pickering's Statutes at Large, XXX., 367–371. The act is cited as 14 Geo. III., c. 39. The debates are in the Parliamentary History, XVII., and Force's American Archives, Fourth Series, I., III-129; see also the Annual Register (1774). An act for the impartial administration of justice in the cases of persons questioned for any acts done by them in the execution of the law, or for the suppression of riots and tumults, in the province of the Massachuset's Bay, in New England. WHEREAS in his Majesty's province of Massachuset's Bay, in New England, an attempt hath lately been made to throw off the authority of the parliament of Great Britain over the said province, and an actual and avowed resistance, by open force, to the execution of certain acts of parliament, hath been suffered to take place, uncontrouled and unpunished, in defiance of his Majesty's authority, and to the utter subversion of all lawful government: and whereas, in the present disordered state of the said province, it is of the utmost importance to the general welfare thereof, and to the re-establishment of lawful authority throughout the same, that neither the magistrates acting in support of the laws, nor any of his Majesty's subjects aiding and assisting them therein, or in the suppression of riots and tumults, raised in opposition to the execution of the laws and statutes of this realm, should be discouraged from the proper discharge of their duty, by an apprehension, that in case of their being questioned for any acts done therein, they may be liable to be brought to trial for the same before persons who do not acknowledge the validity of the laws, in the execution thereof, or the authority of the magistrate in support of whom, such acts had been done: in order therefore to remove every such discouragement from the minds of his Majesty's subjects, and to induce them, upon all proper occasions, to exert themselves in support of the public peace of the province, and of the authority of the King and Parliament of Great Britain over the same; be it enacted That if any inquisition or indictment shall be found, or if any appeal shall be sued or preferred against any person, for murther, or other capital offence, in the province of the Massachuset's Bay, and it shall appear, by information given upon oath to the governor. . . [or lieutenant governor]. . . of the said province, that the fact was committed by the person against whom such inquisition or indictment shall be found, or against whom such appeal shall be sued or preferred, as aforesaid, 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 if it shall also appear, to the satisfaction of the said governor. . . that an indifferent trial cannot be had within the said province, in that case, it shall and may be lawful for the governor. ., to direct, with the advice and consent of the council, that the inquisition, indictment, or appeal, shall be tried in some other of his Majesty's colonies, or in Great Britain; and for that purpose, to order the person against whom such inquisition or indictment shall be found, or against whom such appeal shall be sued or preferred, as aforesaid, to be sent, under sufficient custody, to the place appointed for his trial, or to admit such person to bail, taking a recognizance . . . from such person, with sufficient sureties, to be approved of by the said governor . . ., in such sums of money as the said governor. . . shall deem reasonable, for the personal appearance of such person, if the trial shall be appointed to be had in any other colony, before the governor, or lieutenant-governor, or commander in chief of such colony; and if the trial shall be appointed to be had in Great Britain, then before his Majesty's court of King's Bench, at a time to be mentioned in such recognizances; and the governor, or lieutenant-governor, or commander in chief of the colony where such trial shall be appointed to be had, or court of King's Bench, where the trial is appointed be had in Great Britain, upon the appearance of such person, according to such recognizance, or in custody, shall either commit such person, or admit him to bail, until such trial . . . II. And, to prevent a failure of justice, from the want of evidence on the trial of any such inquisition, indictment or appeal, be it further enacted, That the governor is hereby authorised and required, to bind in recognizances to his Majesty all such witnesses as the prosecutor or person against whom such inquisition or indictment shall be found, or appeal sued or preferred, shall desire to attend the trial of the said inquisition, indictment, or appeal, for their personal appearance, at the time and place of such trial, to give evidence: and the said governor . . . shall thereupon appoint a reasonable sum to be allowed for the expences of every such witness That where it shall be V. And be it further enacted made appear to the judges or justices of any court, within the said province of Massachuset's Bay, by any person [charged with crimes as aforesaid], that he intends to make application to the governor. . . 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 authorised and required to adjourn or postpone the trial of such inquisition, indictment, or appeal, M |