good Estates in this Province to such persons as you shall name by bond in Two thousand pounds or any greater Sum to prosecute the said Suit to Effect & to pay the Costs in case the Plaintiff in this first Action shall be cast, discontinue or withdraw the Action, & to prosecute Appeals here and to England to Effect in case the Plaintiff in this first Action is Cast & to pay the costs on the Appeals in case the Same Plaintiff be thereon Cast, upon your giving like Security to persons by the Proprietors Attorney to be named to pay the Costs in Case the Deffendant in this first Action be cast. & to prosecute Appeals here & to England to Effect in Case the same Defend be cast & to pay the cost on the Appeals in Case the same Defend be thereon Cast,-I am Ordered also to acquaint you that for the greater dispatch the said Attorney of the Proprietors will have their part of a Special Verdict ready drawn by the said Second Tuesday of August when its desired that the Defendant's Attorney have the part of the Defendant ready drawn that they may be reduced into one Special Verdict, which Shall Conclude on Such particular Single points on the Titles of the Plaintiff or Defend as will bring or Leave the true & real Merritts of all the material points in Controversie between the General Proprietors and you to be finally Determined by his Majesty in Council without regarding any material Circumstances or want of proper form that do not immediately relate to the principal points in dispute which Special Verdict being agreed on & Signed by the Attorneys of both sides may be found by Consent by a Jury of the people happening to be at Court or otherways as may be agreed on by the s Attorneys for the Speedyer dispatch. And as the Council of Proprietors as well as you are resolved to have the Affair carried home in order to be finally Determined by His Majesty in Council which way soever the Judgments are given by the Supream Court & by the Commander in Chief & Council of this Province, and as you seem willing & desirous to have the final Determination thereof By his Majesty & Council as Speedily as possible-The Council of Proprietors desire me in their behalf to propose to you, that the matter be argued in the Term of August next in the Supream Court & that Judgment be then prayd for & whatever way Judgment goes that a Writt of Error be imediately procured to the Commander in Chief & Council upon which both sides shall appear with all Speed Gratis & argue the matter there, and that Judgment be then prayed for. and whatever way Judgment goes there that an Appeal be made to the King & Conncil pursuant to his Majesty's Royal Instructions to be prosecuted with all dispatch on both sides, and its hoped that that Appeal may be sent home by the first Ships, and if prosecuted with Effect its hoped that it may in a few months be Determined by the King & Council to prosecute which with Effect nothing shall be wanting on their parts— I am also Ordered by the Council of Proprietors to Acquaint you that they have no coerceive power over the particular proprietors or Owners of the 13,500 acres at horseneck, or of any other Lands particularly Laid out Surveyed or patented. whereby to prevent Stop or hinder them from Issuing any Writts or Processess or commencing any Actions relating to Such Lands-and therefore it would be Unreasonable to Expect or desire that the Council of Proprietors Should Enter into any Engagement Agreement or promise on that headHowever I am Ordered to acquaint you by Mess' Alexander & Morris the present Owners of the said 13,500 Acres at horseneck that they Shall be ready at Perth amboy on the said Second Tuesday of August next to give Bond with Sufficient Security in Sums proportionable to the value of the particular Plantations that in case a Special Verdict Shall be agreed upon and found in the said Action of Ejectment on the demise of Sir George Carteret against the Said Francis Speire or any other person by you named & Judgment be given in the Supream Court & a Writt of Error be brought before the Commander In Chief & Council of this Province, and after Judgment given there An Appeal be brought thereon Before his Majesty in Council in Great Britain pursuant to the proposals hereby made to you by the Council of Proprietors, that they said Mess Alexander & Morris will not prosecute the Executions of their said fifteen Judgments. for the term of three years or untill the Said Appeal be Determined by his Majesty & Council whichsoever Shall first happen, which Determination they conceive may Easily be had in much Less time than three years if you Shall do your Endeavours to have it so. but if three years is conceived too Short a time they have no objection to any Longer reasonable time Provided that you or the possessors of the Lands recovered by the said fifteen Judgments do on the said Second tuesday in August give them Bonds with Sufficient Securitys in sums proportionable to the value of the particular plantations that they will not during the said Stay of Execution Comitt Waste on the respective Lands they are possest of. they mean by Waste that they Shall Cutt no Timber for Sale & only so much Timber as Shall be necessary for the Use of the Plantations respectively. And after the said term of years or Determination of the said Appeal, if the Defend Francis Speire or other person by you named be therein Cast pay the said Alexander & Morris the Damages they have suffered or Shall Suffer by detaining from them the possession of the said Lands & by Waste thereon committed if any be which Damages are to be Asscertained by Agreement or Arbitration or by Tryals by Jurys in proper Actions to be brought for them, to which Actions the Obligors are to bind themselves that the Defendents Shall Enter Appearances and Consent that the Tryals be had by Juries of the Western Division of New Jersey. I am also Ordered to Acquaint you that as to the Remainder of the Tenants of the said 13,500 acres the said Alexander & Morris will then be ready to give them Bonds with Sufficient Security that during the Sa time or the Dependence of the said suit as aforesaid they will prosecute no writts or processes against them Provided that you or those other Tenants do then give them Bonds with Sufficient Security to Committ no waste, & to pay them their damages as aforesaid, I am also Ordered by the Council of Proprietors to Acquaint you that they doubt not upon any of the Petitioners Application to any other particular Proprietor to whom the Lands they are possest of have been Legally set out & Divided, & giving Bond with Security as aforesaid, Such particular propriet's will in like manner give Bond to Stay Writts and processes against the persons So giving Security during the time aforesaid. I am also Ordered to Acquaint you that its the full intention of the Council of Proprietors to Comply with every thing in their power thats reasonable in your Said Proposals & if this does any way fall Short of that, its with no Design to do so, and if you or your Attorney Shall point it out, or any thing unreasonable or Deficient in this Proposal or that any of the times here proposed are too short, it shall readily be remedyed and Supplyd by their Attorney. I am also Ordered to Acquaint you that to prevent mistakes or misrepresentations. The Council of Proprietors desire that all Transactions between your & their Attorneys & persons appearing to give Security muttually be reduced to writing and that nothing Shall be pretended by either Side to have been said done or transacted but what is so reduced to writting & copy of it Signed Witnessed & Delivered to the other side before the parties do depart, & its proposed the parties Shall not depart till all Copies of that kind whereof Notice is to be given them be delivered. [Oath of Elisha Parker followed testifying to his having served copies of this communication upon the parties interested 17th July 1746.] Order in Council upon the Petition of Richard Partridge, Agent for New Jersey, requesting that the King should authorize the Governor, to give his consent to a Bill providing for the emission of £40,000 in Bills of Credit. [From P. R. O. B. T., New Jersey, Vol. V, F 79.] At the Council Chamber Whitehall the 7th of The Lords of His Majestys most Honourable Upon reading this day at the Board the humble Petition of Richard Partridge Agent for the Colony of New Jersey in America Setting forth amongst other things that the said Colony is greatly distressed for want of a further Supply of Bills of Credit which the late Governor Morris by the Royal Instructions was prohibited from Emitting without the Royal Licence, |