No. 70. 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, in his absence, to the 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, or lieutenant-governor respectively, that an indifferent trial cannot be had within the said province, in that case, it shall and may be lawful for the governor, or lieutenantgovernor, 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, (which the said governor, or, in his absence, the lieutenant-governor, is hereby authorised to take,) from such person, with sufficient sureties, to be approved of by the said governor, or . . . lieutenant-governor, in such sums of money as the said governor, or . . . lieutenant-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, or, in his absence, the lieutenant-governor, shall, and he 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, or . . . lieutenant-governor, shall thereupon appoint a reasonable sum to be allowed for the expences of every such witness, 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 expences; 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 authorised and required, forthwith to pay to such witness the sum specified therein for his expences.

III. [Witnesses to be free from arrest while going to and returning from the place of trial.]

IV. And be it further enacted . . ., 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 murther, 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 cases aforesaid, are hereby

authorised 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.

...

V. And be it further enacted . . ., That where it shall be 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, 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 authorised and required to adjourn or postpone 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.

VI. [The governor to transmit papers, in cases provided for by this act, to the governor of that colony in which the trial is to be had, or to one of the secretaries of state in England, as the case may be; the trial to proceed as if the offence had been committed at the place of trial.]

VII. And be it enacted . . ., 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 judgement thereon arrested, or such indictment adjudged bad upon 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 impanelled to

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.

No. 71. Quartering Act

June 2, 1774

A BILL "for the better providing suitable quarters" for troops in America was presented to the House of Commons April 29, 1774, and passed that body May 9, without a division. On the 26th the bill passed the Lords, by a vote of 57 to 16, and June 2 received the royal assent by commission. The object of the act was "to facilitate the establishment of a temporary military government in Massachusetts."

REFERENCES. Text in Pickering's Statutes at Large, XXX., 410. The act is cited as 14 Geo. III., c. 54. The Parliamentary History, XVII., and Force's American Archives, Fourth Series, I., 165-170, give the proceedings in Parliament.

An act for the better providing suitable quarters for officers and soldiers in his Majesty's service in North America.

WHEREAS doubts have been entertained, whether troops can be quartered otherwise than in barracks, in case barracks have been provided sufficient for the quartering of all the officers and soldiers within any town, township, city, district, or place, within his Majesty's dominions in North America: And whereas it may frequently happen, from the situation of such barracks, that, if troops should be quartered therein, they would not be stationed where their presence may be necessary and required: be it therefore enacted . . ., That, in such cases, it shall and may be lawful for the persons who now are, or may be hereafter, authorized by law, in any of the provinces within his Majesty's dominions in North America, and they are hereby respectively authorized, impowered, and directed, on the requisition of the officer who, for the time being, has the command of his Majesty's forces in North America, to cause any officers or soldiers in his Majesty's service to be quartered and billetted in such manner as is now directed by law, where no barracks are provided by the colonies.

II. And be it further enacted . . ., That if it shall happen at any time that any officers or soldiers in his Majesty's service shall