Minutes of HM Council: 2 May 1749

At a Council holden at the house of His Excellency the Governor, Tuesday the 2nd day of May 1749.

Present:
His Excellency William Popple Esq Governor
General Butterfield
Samuel Burrows Esqr
Samuel Spofforth Esqr
Nathl Bascome Esqr
John Harvey Esqr
Henry Corbusier Esqr

The Governor then laid before the Board his 40th instruction and afterwards proceeded to acquaint then that the Honoble John Tucker Esqr, Chief Judge, the Honoble Henry Tucker, and Joseph Jennings Assistant Judges, appointed by his Excellency did pursuant to an Act of Assembly past in these islands in 1706 entitled "An Act for the further regulating of the Courts of Judicature" hold a court of assize, General Gaol Delivery, Oyer and Terminer and all other courts Exprest in an Act entituled "An Act for establishing and regulating the Courts of Judicature" past in the year 1691 in the Sessions House in St George's on Monday the 2nd. of December last and by different adjournments did continue to hold the said courts at the Sessions House till the 11th of the said December when the said court was by the said Chief and Assistnat Judges adjourned to the House of one Elizabeth Hutcheson at the Flatt's.

That being obliged by his said instructions to take care that justice be duly and impartially administered, his Excellency observed tot he Board that the said adjournment was contrary to an Act past in the 6th of R.2d. entitiled "An Act for Justices of Assize" etc hold their sessions in principal towns and contrary to an Act past in the 11th of the same reign entitled "An Act for the keeping of Assizes in good towns", referred tot he consideration of the Chancellor and Justice and contrary to an Act past in the 27th of H.8th., "An Act for Recontinuing the Libertys in the Crown" (all of which said Acts are in force here) and contrary to the aforesaid Acts of Assembly.

Tat the adjournment on the 11th from the Sessions House to Mrs Hutchyson's at the Flatts is no legal adjournment and null and void and that as well as all proceedings since that day are Coram non judice and also null and void.

His Excellency concluded with observing that my Lord Coke in his institutes says that Justices acting under a commission not adjourning that commission it is determined.

His Excellency therefore is of opinion that the Commission under which the Judges act is determined and hath been determined since the said 11th day of December 1748 and that there must be a new commission and a new appointment of Judges before the next Courts can be held.

The Council being divided, gave no opinion on the above and foregoing papers. Whereupon His Excellency, being of the opinion the new Judges should be appointed for holding the Court of Assize, Common Pleas, etc., desired the Council would recommend proper persons who accordingly did recommend the Honoble Samuel Burrows, Esqr, the Worshipfull Saml. Trott, & John Trimingham, ESqr.

Passed ad allowed Maj. Perient Trott's bill for two trees for repairing the Flatts Bridge.... L10. 3.11 1/2
ditto Mr Benj. Appowen's bill for mending the Ferry Bridges..... 18--