USA > New Jersey > Documents relating to the Colonial History of the state of New Jersey, Vol. XXVII > Part 40
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there otherwise would have been, in this County of Burlington only ; "where" he says, "there is as little suing for its Bigness as in any County in the Province." If we allow the same Increase in the other twelve Counties, in some of which we may suppose there is more suing in Proportion to their Extent, the Increase of Suits occasioned by that Law will be Nine Hundred and Ten in a Year ! It is not therefore to wondered at, if the Justices of the Peace, who have had the Profits of this Increase of Actions, should "lament the Loss of so useful and beneficial a Law."
The Gentleman, I imagine, did not advert to this great multiplicity of Suits, occasioned by his favourite Law, when he made his Calculation of sav- ing Two thousand Pounds a Year to the Province, or else, upon his own Prin- ciples, he would have found a considerable Ballance the other Way.
For, reckoning Ninety Actions per Annum in each Coun- ty, for Demands from Six to Ten Pounds, for the thirteen Counties, there would be 1170 in a Year, which he rates at 20 s. each, £1170 C 0
From which deduct 260, which would have been brought in the County Courts, which he rates at £4 each, 1040 0 0
130 0 0 Ballance against the Justices Courts, in Costs only -
To which may be added, the great Loss of Time in at- tending the Justices Courts. I am told it is no un- common Thing to see near 100 men attending a Trial before a Justice; but I will at present suppose that, on an Average, there is a loss of the Labour of 10 Men, and their Horses, on each Trial, which, at 5 s. per day for each Man and Horse amounts to £2925 0
Annual Loss to the Province by the Ten Pound Law, £3055 0 0
A Sum quite "sufficient to support the Civil Government of the Prov- ince !" But I am confident this Calculation is greatly below the Truth ; for the Costs on these small Actions, in the County Courts, do not amount to Four Pounds each, on an Average, and I have seen several Bills of Costs, for Trials before Justices, by Virtue of this Law, amounting from 40 s. to 60 s. each, and in Case of an Appeal to the Sessions, or the Cause being removed by Certiorari, to which a Party is frequently driven, to avoid Injustice, the Costs are oftentimes more than if the Cause had been originally prose- cuted in the County Court.
But the Gentleman is pleased to say, that "but few Appeals have been "made from the Judgments of the Justices under this law, and none that he "has heard of, in the County of Burlington, which proves, to a Demonstra- "tion, the Usefulness of the Law." I must beg leave to tell him, that he is mistaken in these, as well as some other Facts, from which he draws his Conclusions. It may, for aught I know, be the peculiar Happiness of the good People of Nottingham, to have such good Magistrates, as that no Ap-
£ 0
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peals from their Judgments have been thought necessary ; but there have been many Appeals in the Provinces, yea, even in the County of Burlington, from Judgments given by Virtue of this Act ; and there would have been a great Number more, had it not been that the Act itself prohibited an Appeal, where either Party chose a Trial by Jury, unless by Certiorari to the Su- preme Court, and in that Case the Reasons must have been filed in the Su- preme Court Office, within one Month after the Justices Judgment, or the Party was without Remedy ; and it has often happened, from the great Dis- tance the Parties resided from the Office, and other Difficulties and Expenses which attend the obtaining and prosecuting a Certiorari, that the Party in- jured has submitted to the first Loss, rather than to purchase Redress at so dear a Rate.
The Independent Freeholder gives it as his Opinion, that there is not "any "Law now in Force in the Province, that authorizes Justices of the Peace to "determine Actions of Debts of One Shilling." I believe this is an Opinion peculiar to himself ; at least, I am unwilling to suppose that any Magistrate in the Province is so ignorant of the Rules of Law, as not to know, that the Law, with respect to their Jurisdiction, stands exactly as it did before the Making of the Ten Pound Act ; the Law passed in 1768, giving Jurisdiction to the Justices, to the Amount of Six Pounds, being now in as full Force as ever it was.
I believe there is no Government in the World, in which the People have the Making of their own Laws, where the Trial of Property is committed to the Decision of a single Magistrate, in a higher Degree than it is in this Province, by Virtue of the Six Pound Law. And, indeed, it would be dang- erous to the Liberties of the People, as well as to the Interests of Individu- als, that it should be higher here. The People of England, to whose Care and Vigilance we are indebted for our excellent Constitution, and who have formed their Laws upon the Experience of many Ages, have never trusted a single Magistrate with the Power of deciding the Matters of Property, to a higher Amount than Forty Shillings. Justices of the Peace are Officers ap- pointed by the Governor, and hold their Places during Pleasure, and the more Power is annexed to their Offices, the more anxious will they be to ob- tain them, and, of course, they will be more obsiqueous when in Office, for Fear of being turned out. So that the undue Extension of their Power, may furnish Tools to a bad Governor, to oppress the People, and destroy their Liberties. It is true, we run no Risque of this Calamity during the Admin- istration of the present Governor. We have now the Happiness to be gov- erned by a Gentleman, who Conduct evinces an equal Regard for the just Prerogatives of the Crown, and the constitutional Privileges of the People, But he cannot continue with us for ever, and we know not who may be his Successor. Therefore let it be remembered, that whoever succeeds him, be he ever so bad a Man (and what Security have we that he will not be so ?) will be armed with the same Power that is now so confidently put into the Hands of a good One ! And he may increase that Power at his Pleasure, by adding what Numbers he pleases to the Commissions of the Peace.
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On the other Hand, let us consider the Interests of the Parties litigant. It is necessary that there should be an Uniformity in the Laws for the Reg- ulation of Property, by which People may square their Contracts and know by what Rules they are to be governed. And for this end the Law has wise- ly constituted Courts, composed of the ablest of the Magistrates, whose col- lective Opinion is to explain and direct the Operation of the Laws. But when this Power is distinctly vested in each of the Magistrates, of whom there are many in each County, differing in Degrees of Understanding, and Knowledge of the Law, there will be a diversity of Opinions, and what is as- serted to be Law by one, will be contradicted by another, so that no Man can know when his Property is safe, especially if he is to be Defendant in a Suit; for the Plaintiff, having it in his Power to bring his Suit before what Magis- trate he pleases, will apply to one, whose Opinion he knows to be favourable to his Cause. And how far a Justice of the Peace may be influenced by a designing Man, who has more Art, and perhaps more Understanding than himself ; and how far he may exercise that Influence on a Jury by ordering the Constable to pick Men for the Purpose, and by restraining the proper, and suffering improper Evidence to be laid before them, I will not undertake to determine. Nor would I be understood to insinuate a Charge, or even a Suspicion of these evil Practices, against the Body of the Magistrates ; I know that many of them are Men of too much Sense and Integrity, to be either subject to the one, or capable of the other. But Laws should be so framed as that even bad Men cannot use them to do Evil.
New Jersey, October 26, 1771.
S. T.
November 8, 1771
WHEREAS the Agreement made the 16th Day of February, in the Year of our Lord, One Thou- sand Seven Hundred and Sixty-seven, between Rich- ard Stevens and the Assignees of his Estate, hath not yet been complied with on their Part: These are therefore to give Notice to all his Creditors whom it may concern, that he intends to apply to the Gener- al Assembly of New-Jersey, for Relief in the Prem- ises, at their next Meeting at Burlington, which com- mences on the 20th Instant.
CUT OF STAGE
Pilesgrove, Salem County, November 5, 1771.
NOTICE is hereby given, that on the sec-
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ond Tuesday of this instant November, the Subscribers Stage Waggon will set out from the House of Jacob Paullin in Pilesgrove, not far from the Glass- House, and drive from thence, through Woods-Town to Wil- liam Cooper's Ferry, and return to the said Jacob Paullin's the Thursday following, and continue weekly to drive on the aforesaid Days : Price for Passengers, or Lumber per Hundred Weight, carried the whole Distance, Three Shillings and Nine-pence each. - - - Those Gentlemen and Ladies who will please to favour us with their Custom, may depend on good Usage, and the utmost Care from their humble Servants
WILLIAM SHUTE and JACOB PAULLIN.
* Any Passengers from Philadelphia, or elsewhere, that are desirous to go to the Glass-house, or anywhere in that Neighbourhood, the Subscribers promise to con- vey them.
-The Pennsylvania Gazette, No. 2238, Novem- ber 14, 1771.
To be SOLD, by public VENDUE,
On the premises, on second day, the 16th day of Dec. next,
A valuable plantation and tract of 160 acres of good wheat land, situate in the township of Evesham, in the county of Burlington, West-Jersey, about 12 miles from Philadelphia, 7 miles from Burl- ington and Mountholly, about 4 miles from an Eng- lish Church, and two miles to a Friend's Meeting house in Moore's-town, about a mile and a half to a grist-mill and navigable landing on Ancokas Creek ; there is on said plantation a good one story framed house, with two rooms on a floor, a good cellar un-
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der the whole, a well of good water near the door, · a young bearing orchard of good fruit, about 120 acres cleared and within fence, the remainder good timber land. Also to be sold, at the same time, 2 I acres of banked meadow, lying on said Ancokas creek, about a mile and a half from the plantation, which will be divided into three lotts. The whole is part of the estate of JAMES BORDEN, deceased. Any person inclining to view the premises before the day of sale, may apply to JOHN COX, in Moore's- town. The conditions will be made known at the time and place aforesaid, when attendance will be given, by JOHN CLARK, John Cox, Executors.
-The Pennsylvania Fournal, No. 1501, Novem- ber 14, 1771.
NEW-YORK, November 7. A Letter from JAMES PARKER, Esq; Mayor of the city of Perth Amboy. To Lieut. Colonel MAURICE CARR, of his Maj- esty's xxIxth Regiment of Foot. SIR,
A LTHO' it has been the Practice of other Towns in this Province to address the command- ing Officers of any of his Majesty's Troops that have been in them, on leaving their Quarters, the Corporation of this Place have always declined it, esteeming it a Compliment not in Character ; but as it has generally been done, and a Neglect of it (or something of the Kind) at this Time might be con- strued in a Light unfavourable to his Majesty's 29th Regiment, which you have had the Honour to Com- mand whilst quartered amongst us; from a meer
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Motive of Justice, the Corporation of this City have directed me, in this Way to declare to you, and the Gentlemen Officers of your Corps, their Sense of the great Harmony that has subsisted between them and the gentlemen of this Place, of the Peace and good Agreement that has been maintained between the whole Regiment and the Inhabitants, and of the Res- pect you have on all Occasions paid to the Civil Magistracy.
These are the natural Consequences of a proper Discipline, which has been strictly observed in the Regiment under your Command; which has gained you so great an Esteem, that it is with the utmost Concern we find you are ordered to other Quarters. Give me Leave to assure you in Behalf of the Cor- poration, that whatever may be your Destination, the Honour of the Regiment and Prosperity of the Gen- tlemen Officers, will always be accompanied with their best Wishes. I have the Honour to be, SIR, your most obedient, humble servant,
JAMES PARKER, Mayor. Perth Amboy, Nov. 2, 1771. Col. MAURICE CARR.
We are informed from New-Brunswick, that the Mayor of that Place, with the Aldermen, Common Councilmen, and sundry other of the principal Gen- tlemen jointly presented an ADDRESS to Capt. FRENCH, Commanding Officer of the three Compa- nies of the 29th Regiment quartered there, in these Words following :
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To JEREMIAH FRENCH, Esq: Captain and Commanding Officer of the three Com- panies of the 29th Regiment, quartered in the Barracks of this Place.
SIR :
T' THE just Sense we have of the Benefits and Sat- isfaction which the inhabitants of this Place have enjoyed from that mutual Correspondence, Peace and Harmony, which has subsisted between them and the Troops under your immediate Com- mand, during their being quartered in these Bar- racks, demands our Acknowledgment.
We therefore beg Leave in this public Manner, to return you, and the other Officers quartered with you in this Place, our most sincere Thanks for the happy Effects of your prudent and commendable Conduct, clearly manifested in that gentle humane Character which you and the other Gentlemen have supported during your Residence amongst us. And it is to this exemplary Conduct we chiefly ascribe that gen- erally sober and orderly Behaviour of the Men under your Command, which, to their Credit in general, ap- peared to be remarkably well.
Be pleased, Sir, with this Testimony of our Re- gard, to accept of our best Wishes for your Health and Happiness ; and also that your Promotion may be speedy and adequate to your Merit.
New-Brunswick, October 30, 1771.
To which Capt. FRENCH was pleased to return the following Answer :
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GENTLEMEN
I Return you my sincere Thanks for the Honour you have done me and the other Officers, by your very obliging Address. It gives me the great- est Pleasure to receive this public Testimony of your Approbation of my Conduct and theirs, and the so- ber orderly Behaviour of the Troops under my Com- mand. The Civilities I have received from the In- habitants of this Place, and in particular your good Wishes for my Health and Promotion, will always claim my Gratitude and best Wishes for their Pros- perity.
New- Brunswick, October 30, 1771.
Afterwards the Officers were invited by the Gen- tlemen to an elegant Entertainment at the White- Hall Tavern
Cohansey, November 5, 1771.
This day departed this life the Reverend WILL- IAM RAMSAY, M. A. after a tedious sickness of eight weeks, which he bore with christian patience and resignation .- It may be truly affirmed of him, that he was a kind husband, a tender parent, an af- fectionate chearful friend, a faithful evangelical min- ister, and a sincere christian. His animated manner of preaching, and exemplary life, made him truly respectable and eminently useful. What he preached in the pulpit, his life preached out of it, being as it were a practical comment on that holy religion which he so warmly recommended .- In sundry lucid intervals of his tedious sickness he earnestly recom- mended a life of strict piety to all around him, and
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repeatedly declared his steady assurance, that through the merits of Christ, death natural would be his birth to lire eternal. Thus cheerfully resting his soul on those doctrines of grace, which he invariably preached, he expired without a sigh or a groan .- See with what peace a Christian can die.
Custom-House, Philadelphia. Cleared. Schooner Mary J. Ross to New-Jersey. -The Pennsylvania Fournal, No. 1510, Novem- ber 14, 1771.
Morris-Town, November 3, 1771. WHEREAS the Shop of Hubert Burke, Taylor, was broke open on Thursday the 31st of October last, and the following Articles feloniously taken from thence, viz. About 8 or 9 Yards of Homespun mixed Cloth, white and Sheep's grey, 4 Yards of Coarse Blue Cloth, about 2 Yards Scarlet Cloth, 4 Yards Durant same Colour, 4 Yards black Home- spun, 14 wide Cloth, 2 Yards blue Plush and a round Piece of the same like the seat of a Woman's Sad- dle, about three yards Fustian, 2 Yards Homespun Linnen. Supposed to be taken away by a Fellow that has come into town and sold a bald faced Sorrel Horse, 14 Hands high, he called his name John Hughs, born in Chester-County, Pennsylvania, he is about 5 Feet 6 Inches high, short blackish Hair, blue and white mixed Coat, bound Holes, Flaps and Sleeves, he is very round made, very hairy on the Breast, small Legs, it is supposed he stole a Horse at the same Time, as there is a Bridle and Saddle
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missing the same Night. Whoever takes up said Thief, and secures him, so as the Cloths may be found, shall have five Dollars Reward, and all reasonable Charges paid by the above named.
HUBERT BURKE.
To be sold at public VENDUE, | On Saturday the 23d Instant, on the Premises, in the City | of New- Brunswick. |
THE Lease of the Dwelling-house of Paul Miller, deceased, subject to a Quit-Rent of £.5:2:6 per An- num. The Particulars will be made known on the Day of Sale, and a good Title given, by
THOMAS MILLER,
PAUL MILLER, and CHRISTOPHER MILLER.
BY order of Stephen Skinner, and Jonathan Frazee, Esqrs. judges of the Inferior court of com- mon pleas, for the county of Middlesex, in the prov- ince of New-Jersey, notice is hereby given to the creditors of Baltes Shaver, insolvent debtor, in the goal of Perth-Amboy, in the said county of Middle- sex, to shew cause (if any they have) before the said judges, at the house of Elijah Dunham, innholder, in the city of Perth-Amboy, in the county of Middle- sex aforesaid, on Saturday the 7th of December, at 2 of the clock in the afternoon, to shew cause why an assignment should not be made of the debtors estate, and the debtor discharged, pursuant to the direction of an act of the Governor, Council, and
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General assembly of this province, intitled, An act for the relief of insolvent debtors.
-The New York Gazette ; and the Weekly Mer- cury, No. 1047, Nov. 18, 1771.
Arrived at Barbados .... Captains Jones, and Ven- nard, from Piscataqua.
THIS is to give notice to the public, that there are now two men in Trenton goal, Hunterdon coun- ty: one of them committed by the name of John Mooney ; who says his name is fohn M' Kell ; it is thought he has run away from his bail, John Megaw, who advertised such a like man in Pennsylvania Gazette, No. 2237. The other goes by the name of John M' Fall, and says he was left by his uncle, in the care of Carsan, Barclay, and Mitchell, merchants, in Front-street, Philadelphia. Any person or per- sons claiming right to both, or either of the above- mentioned men, are hereby requested to come and relieve them from their confinement, otherwise they will be sold to pay costs, and goal fees, on Saturday, the 14th day of December, 1771, by
PETER HANKINSON, Goaler.
Amwell, West-Jersey, November 15, 1771.
WANTED IMMEDIATELY. | A FULLER, that can dye and dress cloth, in all the branches of that business, may have good encouragement by the year, month, or to work in shares, or have the mills rented to him. There is always plenty of work. Apply to SAMUEL KITCHEN, at said mills.
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Salem, November 10, 1771.
THIS is to give Notice, that several of the Own- ers and Possessors of Marsh and Meadow, lying within the Town Bank of Salem, intend to make Application to the next General Assembly of the Province of New-Jersey, for an Act to impower the Managers of the said Town Bank to cleanse the Creek, called Cow-Neck-Creek, from the Sluice up to the Forks of the said Creek, and from thence up the said Forks, as far as they shall judge necessary to be done, and to empower the said Managers to raise Money for the same.
PHILADELPHIA, November 21.
Lately died in Burlington County, Mr. JOHN SYKES, a man of general good Character, remark- able for having lived 66 Years with one Wife.
-The Pennsylvania Gazette, No. 2239, November 21, 1771.
THE SUBSCRIBER, at New-Market, near Princeton in East New-Jersey, wants immediately a person who understands the FULLING BUSI- NESS in all its branches, and can be well recom- mended for his honesty and sobriety; such an one will meet with good encouragement by applying to JOSETH HUSSEY.
-The Pennsylvania Journal, No. 1511, Nov. 21, 1771.
New-Jersey, \ BY Order of the Hon. John Anderson Monmouth, S and James Lawrence, Esgrs., two of
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the judges of the court of common pleas for said coun- ty, Thomas Stricklan, John Vanderippe, Mathew Woolfe, Abraham Myer, Herman Gibertson, James Everingham, Daniel Robins, Charles Williams and Ann Jones, prisoners for debt in the goal of said county, having been duly sworn and filed their sched- ules, pursuant to the late act of assembly of said prov- ince, entitled, An Act for the relief of insolvent debt- ors, made in the tenth year of his Majesty's reign, and in the year of our lord 1769. Now these are to give notice to the creditors of said debtors, that they be to- gether at the court house of said county, on the six- teenth day of December Annoque Domini 1771, to shew cause before the said judges, if any they have, why the said prisoners should not be discharged from their confinement, pursuant to the said act.
To be sold or let, in Elizabeth-Town, New-Jersey, a house and lot of ground, lately rented to Capt. Molesworth1 of the 29th regiment, and as pleasantly situated as any in that place : If let the house will be put into repair, - - - Also another house and lot adjoining it, where John Gray now lives.
Two double key'd harpsicords (the property of a gentleman gone to England) made by the first hand in London. - - - To prevent a needless applica- tion the lowest price of the best is 45 guineas, of the other 35. Any person choosing to purchase either of them, may apply to H. Kelly.
1 Captain Pons Molesworth was commissioned April 23, 1766. The regiment served in America, 1766-1773, 1777-1782 .- Ford's British Army Lists.
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To be SOLD,
A Very pleasant plantation, situate lying and be- ing at Shrewsbury in the county of Monmouth, and Province of New-Jersey, about 3 miles from Black-Point, containing about 200 acres of land, 140 of which are cleared and in good new fence: There is on the premises a good dwelling-house, barn and orchard of upwards of an hundred choice fruit trees. The said plantation is very conveniently situated, for fishing and fowling, is very well watered and tim- bered. Any person inclining to purchase may know the terms of sale, by applying to Mauritz De Hart on the premises, by whom an indisputable title will be given for the same.
-The New York Gazette ; and the Weekly Mer- cury, No. 1048, November 25, 1771.
Messieurs HALL and SELLERS
Please to insert the following in your impartial Paper, and oblige your constant Customer.
SOME of the greatest Men of the present Age have observed, that the great Cost attending Suits at Law, is a Grievance that has long been com- plained of in our Mother Country; and I believe the Complaint may, with equal Justice, be applied to most of the English Governments in America. The late unhappy Dispute in the Province of North-Carolina, 1 is a recent melancholy Instance of the Truth of this Observation ; the Riot in Mon- mouth County, in this Province, was likewise occasioned by the great Ex- pence of Law-Suits, which threw the government into the greatest Confusion for some Time, but happily it ended, without the Loss of any Lives.2 I do not mean from hence, to cast the least Reflection upon his Excellency our Governor, who, with equal Honour to himself, and Satisfaction to the Peo- ple, presides over us; and I am persuaded, would contribute all in his Power, to redress any Grievance in the Colony. Nor do I intend to blame any of
1 See Bancroft's U. S., VI. (ed. 1854), 381 et seqq.
2 See N. J. Archives. X., 148, 172, 180, 198.
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the other (present) Honourable Branches of the Legislature; my Apprehen- sions are from another Quarter.
The Writer of the Piece, Signed S. T. and dated New-Jersey, published in the Pennsylvania Gazette, No. 2238, has made a most extraordinary Cal- culation, whereby he endeavours to shew, that the Province lost annually 30551. by the Ten Pounds Law. I believe there are but few People in the Province that think as this Gentleman does; I am persuaded there is not one in an Hundred of his Opinion. He says, "Now it will be found on Enquiry, that in the Year immediately preceding the Ten Pounds Act, there were but about twenty Actions brought in the County of Burlington, on which any Proceedings were had, for Demands between Six and Ten Pounds." But the Gentleman has not shown how many Actions were brought, on which no Proceedings were had. I believe there are not half the Actions that are brought before Justices of the Peace, but what the Matter is imme- diately settled, upon the Constables serving the Summons or Warrant; and consequently no farther Proceedings had, and I can see no Reason why there are not near as many settled upon serving a Process by the Sheriff. - That there would be a few more Actions brought before Justices of the Peace, than would be brought before the Upper Courts, where the Demand is from Six to Ten Pounds, I will readily allow, the Reason of which is very manifest ; for if a poor Man is indebted to me Seven or Eight Pounds, I must bring an Action against him in the Court of Common Pleas, the Cost of which will be often Seven Pounds, or more ; and suppose the poor Man has Goods to the Amount of Seven or Eight Pounds, now when the Cost is paid (which must be before the Debt) there will be but little left for my Share, to prevent which the Creditors often give away Part of the Debt, or what is the same Thing, demand no more than what is cognizable before a Magistrate, or perhaps gets the Debtor to give two separate Notes, in order that he may bring an Action before a Justice of the Peace, the Cost of which in common, is but Seven Shillings and Three-pence, which being paid, the Remainder of the Debtor's Goods, of course, becomes bound to the Creditors, and how the Public can suffer by such Proceedings, I am unable to determine ; if I mis- take not Mr. S. T. would have received an annual Loss, had the Ten Pounds Act continued in Force .- The Gentleman is pleased to say, that by my own showing, the Ten Pounds Act has occasioned the bringing of Seventy Actions in a Year, more than otherwise would have been, in the County of Burlington only ; and he says, if we allow the same Increase in the other Twelve Counties, the Increase of Suits, occasioned by that Law, will be Nine Hundred and Ten in a Year. Mr. S. T. supposes there are as many Actions brought in each of the other Counties, as there are in the County of Burling- ton, than which, nothing can be more unreasonable, for Burlington County is the largest in the Province (except Hunterdon) and near five Times as large as Cape-May County, if we judge from the Taxes they pay, which is the only true Rule.
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