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mination upon record, in the office of the regifter of the court of chancery, which we apprehend to be abfolutely destructive of one of the molt eflential privileges of the houfe; a determination not only new in its nature, and founded on proceedings before unheard of, and unattempted even from the first establishment of the conflitution and government of this island, but which has, in its confequences, been productive of many great inconveniencies, arifing from the deficiency of money in the treafury, occafioned by the expiration of all the money-bills, none of which were pafled during the late affembly, their paffage having been prevented by the diffolution.

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Warmly difpofed to remedy thefe inconveniencies, and to promote his majefty's fervice, to the utmont of our power, as far as is confiftent with our rights and privileges; and being extremely defirous of proceeding with alacrity and dispatch towards the accomplishment of thefe, important views; it gives us inexpreffible anxiety to find ourselves incapacitated, whilft we labour under the preffure of that determination, to enter into the confideration of thefe fubjects, confiftently with the honour and dignity of the house.

And as we are certain, that the obliteration of this determination is the only meature that can refore that peace and tranquillity fo greatly defired by every loyal fubject and well-wifher to his country; and as we have great reafon to hope, from your excellency's frequent declarations of your willingness and readincs to promote the honour of his majef

ty's government, and the peace and happiness of the people of this ifland, that you will concur with us in every measure that can be effectual to accomplish those defireable ends; we do moft earnestly requeft your excellency to give the neceffary orders to the register of the court of chancery, that the record of that determination may be accordingly expunged."

To which his excellency made the following answer:

"Mr. Speaker, and gentlemen of the affembly,

Your application to me, in this addrefs, is of fo extraordinary a nature, that it is difficult to give it the anfwer it deferves. Surely you cannot ferioufly propofe to me to obliterate a determination which I myself have made; or be ignorant, that a judge, who fhould expunge a record of the court in which he prefides, would defervedly incur the higheft cenfures: but I fee with concern that all my endeavours to promote that peace which you affect to defire, and to maintain that fair correfpondence with you, which might contribute to the welfare of this country, are unfuccefs ful; and that I muft look for no fupplies from you, unless I will confent to fuch things as, you must know, are alike inconfiftent with my honour and duty. I muft therefore difmifs you, and leave the unprejudiced world to judge, whether the inconveniencies, which this colony may experience, are to be afcribed to the faithful difcharge of my judicial functions; in the impartial adminiftration of juftice to his majeffy's

fubjects

fubjects, or to your affuming conduct, and undutiful refolution to with-hold thofe grants, which the king and the island had fo much right to expect from you.

I do, in his majetty's name, prorogue this general affembly unto Monday, the fixteenth day of September next; and it is prorogued accordingly."

On Tuesday the 13th of Auguft the house of affembly met again according to proclamation, and made choice of the honourable Charles Price, junior, efq; for their fpeaker; after which the governor ordered their attendance on

him, to prefent their fpeaker at one o'clock the next day; the houfe accordingly attended, and prefented their speaker, who being approved, his excellency made a fpeech, recommending concord and unanimity.

The Friday following, the governor in council ordered the provolt marshal to go to the houfe, and in his majetty's name, com

mand the attendance of the house immediately in the council-chamber. The fpeaker and the houfe attended accordingly, when his excellency made the following fpeech:

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His excellency asked again, if he would not ?

The fpeaker answered," I do' not intend it.”.

His excellency was then pleafed to say;

As it is my duty to fee that the just order of the proceedings of the houfe of affembly is preferved, and their ufual privileges maintained, as well as that his majesty's prerogative fuffers no violation; I do, in his majefty's name, diffolve this general affembly, and it is diffolved accordingly."

YE

Ship News for 1765.

Portsmouth, April 26.1 erday during a thick fog, the Weaver's Delight, Captain Bloomsbury; the Gentle Shepherd, capt. Budget; the Saddler, capt. Dunk; and the True Friend, capt. Twitcher; ran foul of the Royal George guardship on the MOTHER Bank, and returned into the barbour in a shattered condition.

May 15. This morning we had a terrible Squall in the harbour; by the violence of which, the Fox, captain Holland; the Irish Dar ling, captain Percy; and the Superbe, captain Mackenzie; were driven from their moorings, and forced out to fea.

July 1. CLEARED OUTWARDS, the Weaver's Delight, the Gentle Shepherd, the Saddler, and the True Friend; with the St. Pa trick, captain Hillsborough; the Blenheim, captain Marlborough'; the Trentham, captain Gower; the Sweepstakes, captain Weymouth; the Gimcrack, captain Bolingbroke; the Briftol, captain [N] 4

Nugent ;

Nugent; the Toper, captain Rigby; the Doublefee, captain Bull face; and the Devil's Gap, captain Cobwebb. N. B. the Trentham, the Sweepstakes, the Gimcrack, and the Toper, were towed out of the harbour by the Weaver's Delight, Bloomsbury.

July 8. No hips of war at Spithead,

July 10. ARRIVED, and failed into the harbour, the Good Intent, captain Rockingham; the Endeayour, captain Dowdeswell; the Neftor, captain Winchelfea; the Diligence, captain Conway; the Esperance, captain Grafton; the Providence, captain Dartmouth; the Experiment, captain Portland; the Happy Return, captain Yorke; and the Recovery, captain befborough, ALL from Newcastle, under convoy of the Cumberland MAN of WAR, and the Crown ftoreship. The Bienfaijant, captain Fitzherbert; the Temeraire, captain Onflow; the Firme captain Meredith; the Defiance, captain Gilmour, and a great many others, are in fight, but cannot get their names this poft.

For fome time paft the wind has been generally NORTH, but is now come about to the South Eaft, and blows fresh.

We hear that his majesty's fhip Conway will be no longer employ ed as a man of war, being found to be fitter for the merchant's ferpice.

July 15 REMAIN in the harbour, with his majefty's hips as per laft, the True Briton, captain Granby; the Neptune, captain Eg mont; the Friends Goodwill, Barrington; the Heart of Oak, Howe; the Good Steward, Talbot; and the Townshend fly boat.

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The Neptune, captain Egmont, full freighted, for the island of St, John's in the Gulph of St. Lawrence-only waits a favourable wind.

The Townsend fly boat was, with fome difficulty, brought to her moorings, where he now lies; but is expected to fail on a roving cruize, as foon as the wind changes.

The Laurel, captain Pitt, and the Olive, captain Bute, are expected to fail on a joint cruize against the common enemy the first fair wind.

Other advices fay, that the Laurel's fern pofts not being found, the muft first come into dock, and have a thorough repair, before the can proceed on the intended voyage.

'Tis fuppofed that the Temple will not be put in commiffion again, as the carpenters, on examining her, have reported that her back is broke.

August 23. Arrived the Surprize cutter, exprefs from Dunkirk, with accounts of the demolition of the jettees.'Tis added, that the French court, in order to fatisfy our court- (of common-council) have offered to pulverife the ftones, and to throw the powder on the fand-banks at the mouth of the harbour, which will, by that means, be entirely filled up.

The report of the St. Andrew, captain Bute, having put into fome port in WALES, was entirely without foundation; and only circulated with an intent to impofe on the under writers.

GRAVESEND, Auguft 24. Paffed by the Thistle, the Happy Janet, the Charming Moggy, and the Highland Laddie, all from Leith, with Scotch pebbles, for Westmin

fter+

fter, N. B. The fleets to and from Leith are obliged to run it-no CONVOY being yet appointed for the Scotch trade.

August 25. We hear that his majefty's fhip the Newcastle will foon have a new figure head, the old one being almost worn out.

'Tis reported from good authority, that all the petty officers who

nel in the year 1763, occafioned by the carrying too much fail.

LONDON, Aug. 28. The Address, captain Beardmore, having escaped the vigilance of the enemy's cruizers, with great difficulty got to Park-gate, heavy laden with MELASSES and VINEGAR.

folvent Debtors.

have ferved on board the Cumber- Heads of an act for the relief of Inland man of war, will foon be provided with good births.

The Prudent, captain Hertford, a three decker, iately ftationed on the French coaft, will fail in a hort time for Ireland, in order to protect the trade; the Weymouth frigate, which was appointed for that purpose, not being reckoned of Jufficient force.

'Tis reported, that the Gentle Shepherd, when refitted, will proceed to the Weft Indies, where the is to act as a guarda cofta, in order to prevent any illicit trade being carried on with the Spaniards. 'Tis expected that all the colonies will vie with one another in making a proper return to captain Budget for his great attention and indefatigable affiduity in promoting their true intereft, when laft on that station.

The Vanfittart, richly laden from Bengal, and the Durant, with bard dollars, from the Havannah, are arrived in the river.--'Tis faid that part of the cargoes will be lodged in fome ware-houses in the Borough.

The Twitcher's tender, commanded by Lieutenant Anti-Sejanus, having been miffing for fome time, 'tis feared that the bas fhared the fate of the unfortunate Wilkes firefhip, who foundered in the chan

TH

HE preamble to this act recites, that as many perfons, by loffes and other misfortunes, are rendered incapable of paying their whole debts; and though willing to make the utmost fatisfaction they can, and many of them are able to serve his majefty by fea or land, yet are detained in prison by their creditors, or have been forced to go into foreign parts out of this realm: For the relief therefore of infolvent prisoners and fugitives, who fhall comply with the terms contained in this act, and faithfully, upon oath, deliver up and affign all their effects and eftates for the benefit of their creditors, it is enacted as follows.

That every gaoler is to make out alphabetical lifts of prifoners in cuftody for debt on the first day of January 1765, or fince then; with the time when charged, and at whofe fuit'; and the fame to be delivered in to the quarterfellion. The warden of the Fleet, and marshal of the King's Bench prifons, are, on delivering in their lifts, to take an oath to the following effect, viz.

That all perfons whofe names are inferted in their refpective lifts, were, on the 1ft day of January

1765, really prifoners in the gaol of inferting the name of the prifon] and at the fuits of the perfons therein mentioned; and iuch as have been committed, or furrendered themselves fince the ift of January 1765 (except thofe removed to other prifons, &c.); and that none of fuch prifoners, to their knowledge or privity, have, with defign to take any benefit from any act of parliament for relief of infolvent debtors, furrendered themselves, or have been committed to the faid prifon, or got their names entered as prifoners in the books, or have reded out of the faid prifon or its rules."

The oath to be taken by the other gaolers throughout the king dom is to the fame effect, except what relates to the liberty of the rules. The oaths are to be adminiftered by the juftices in the court, and entered and fubfcribed at the bottom of each lift; which lift is to be kept by the clerk of the peace; and copies of them are to be delivered in to be fixed up in the prifons, and on the gates

thereof.

Perfons inferted in the lifts, being prifoners, without a fraudulent intention, on the 1ft Jan. 1765, conforming to the regulations of this aft, fhall be discharged.

Prifoners in cuftody at the time of paffing this act, who were arrefled for debt on or before ift Jan., 1765, and held to bail, and fur rendered themfelves on or before 12 Feb. 1765, on conforming to the regulations of this act fhall be difcharged.

Juftices, upon the petition of the prifoner, and his delivering a fchedule of his eftate, are to if

fue their warrant for bringing the prifoner to the quarter-feflions, &c. with the warrant of detainer, and copy of the writ, &c. which warrant the gaoler, &c. is to obey.

The schedule of the prisoner's eftate to be tranfmitted to the clerk of the peace for the infpection of the creditors.

Prifoners intending to petition for their difcharge, are to give previous notice thereof thrice in the Gazette, and other newspapers; containing the name, trade, and occupation, and two laft places of their abode, and the prifon wherein corfined, and of their intention to take the benefit of this act, and mentioning fuch notice in each Gazette or news paper, to be the first, second, or third notice, according to the time of publishing each of fuch notices.

Two-pence each time, and no more, is to be paid for inferting fuch notices. Firft notice to be inferted thirty days, and the laft ten days before the quarter-feflions, &c.

Such prifoner being brought into court, due publication of the notices required being proved, &c. is to deliver in a schedule of his eftate, debts, and creditors, which he is to take an oath contains all the goods, effects, eftates, &c. he is poffeffed of, interested in, or intitled to, except wearing apparel, bedding, working tools, and utenfils, in the whole not exceeding the value of 101.

The schedule and oath to be fubfcribed in the court, and lodged with the clerk of the peace, for the examination of the creditors.

The court, if required by the creditor, may adminifter an oath

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