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dues and rights from perfons profelling the Romish religion; with a provifo, that his majefty fhall not be difabled from making fuch provifion for the fupport and maintenance of a Proteftant clergy, as he fhall think fit.

By the third claufe, all Canadian fubjects, except religious or ders and communities, are to hold all their properties, &c. as if the proclamation had not been made; and all controverfies relative to property and civil rights, are to be determined by the Canada laws now in being, or fuch as may be hereafter enacted by the governor, lieutenant-governor, and legislative council, as hereafter defcribed, with a provifo that fuch perfons who have a right to alienate goods, lands, or credits, in their life-time, may bequeath them to whom they will at their death; and alfo is not to extend to lands granted, or that may be granted by his majesty in common foccage.

cil being promulgated at Quebec; provided likewife, that no ordinance touching religion, inflicting any greater punishment than fine, or imprisonment for three months, fhall be valid till it receives his majefty's approbation; and provided alfo, that no ordinance shall be paffed at any meeting of council, except between January 1, and May 1, unlefs upon fome urgent occafion, when every member of council refident at Quebec, or within fifty miles thereof, is to be perfonally fummoned by the governor, or by the lieutenant-governor, or commander in chief in his abfence, to attend the fame.

By the 6th and laft clause, his majefty and fucceffors may erect any courts criminal, civil, and ecclefiaftical, within the province of Quebec, by letters patent under the great feal, whenever his majefty fhould judge neceffary.

Mad-boufes.

By the fourth claufe, the crimi- Abstract of the Act for regulating nal law of England is inftituted, fubject to fuch amendments as may hereafter be made by the legislative

powers hereafter defcribed.

By the fifth claufe, after giving the reafon a legiflative authority is appointed, confifting of perfons refident there, not lefs than seventeen, nor more than twenty-three, to be appointed by his majefty, with the advice of his privy-council, under his or their fign manual, to make ordinances for the government of the province, with a prohibition from laying on taxes; and alfo every ordinance, &c. made, is to be tranfmitted to his majefty, and if difallowed by his majesty, every ordinance, &c. is to ceafe, upon his majesty's order in coun

or mad-houfes declares, HE new act for the regula

that if after the 20th of November, 1774, any perfon fhall conceal or confine more than one lunatic, without having a licence, fuch person fhall forfeit 500l. The royal col lege of phyficians are to elect yearly, on the laft day of September, five of their own body as commiffioners for granting licences to the keepers of mad-houfes. Every fuch commiffioner is to take an oath that he will not, directly or indirectly, give notice to the keeper of lunatics of the time of vifitation of fuch place or houfe where they are confined. Commiffioners not at

tending,

tending, or refufing to take this oath, forfeit 51. They are to have a treasurer and fecretary, and are to meet for granting licences anrually, on the third Wednesday in October. The licences are to be ftamped with a five fhilling ftamp. Every one who keeps a number of lunatics, not exceeding ten, fhall pay the fum of 10 l. and those who keep above ten pay the fum of 151. and 6 s. 8d. on every licence as a fee to the fecretary. No licence to authorise any person to keep more than one houfe, and to be in force only one year. The commiffioners, or any three of them, are required, once at least in every year, to vifit and infpect fuch houfes as they have licensed, and to examine their' lunatics, and make minutes of the ftate of fuch houses. In cafe the keeper of the lunatics refufes admittance to any of the commiffioners, he fhall, for fuch offence, forfeit his licence. On application

to the commiffioners for informa

tion concerning any confined perfons, the fecretary is to fearch his books, and acquaint the perfons fo applying with the name of the keeper in whofe house the lunatic is confined. Every time the commiffioners vifit and inspect any licenfed houfe, they are to receive the fum of one guinea from the treafurer. The keeper is to give notice within three days after receiving a patient to the fecretary, who is to file fuch notice; and every keeper admitting a perfon as lunatic, without an order under the hand of fome phyfician or furgeon, that fuch perfon is proper to be received, fhall pay the fum of 1001. All mad-houfes above seven miles from London are to be regulated in the above manner, by the VOL. XVII.

juftices at the quarter feffions. No licence is to be granted to any perfon who does not enter into a recognizance of 100l. without fureties. Of all penalties and forfeitures recovered, one half is to go to the informer, and the other half towards defraying the expences attending the execution of this act, which is to continue in force five years, and from thence to the end of the next feffion of parliament.

Abstract of the Act for preserving the Health of Prifoners in Gaol, and for Preventing the Gaol Di-, femper.

TH

HIS act fets forth, That the Juftices of the Peace throughout England and Wales, at the quarter-feffions, are required to order the walls and ceilings of the cells and wards of the debtors and felons, and of all rooms used by the prifoners, to be fcraped and whitewafhed once in the year at least; to be washed, kept clean, and fupplied with fresh air by hand-ventilators, &c. to order two rooms, one for the men, the other for the women, to be fet apart for the fick prifoners, who are to be moved there when they fhall be feized with any diforder, and kept from those who fhall be in health. They are alfo to order a warm and cold bath, or bathing tub, to be provided in each prifon; and to dired the prifoners to be washed be fore they are fuffered to leave the gaol. This act is to be painted upon a board, and hung up in a confpicuous part of the prifon. The juftices are to appoint an expe[2]

rienced

rienced furgeon with a ftated falary to attend each prifon; and he is to report to the juftices, at each quarter-feffion, a ftate of the health of the prisoners under his fuperintendance. The courts of juftice are to be properly ventilated by order of the juftices; who are impowered to direct clothes to be given to the prifoners, and make fuch orders respecting their health as they fhall think neceffary. The expences of the above are to be defrayed out of the county-rates, or out of the rates of cities to which fuch prifons belong, If any goaler, &c. difobey the orders of the juftices, he, if found guilty of such neglect, shall pay fuch fine as the judge or justices fhall impofe, and be committed in cafe of non-payment.

Abstract of an Act for the Relief of Prisoners charged with Felony, or other Crimes, who shall be acquit ted or difcharged by Proclamation, refpecting the Payment of Fees to Gaolers, and giving a Recompence for fuch Fees, out of the County Rates.

HE preamble fets forth, That

felony or other crime, or as an acceffary, before any court holding criminal jurifdiction, within that part of Great-Britain called England and Wales, against whom no bill of indictment shall be found by the Grand Jury, or who, on his or her trial, fhall be acquitted, or who fhall be difcharged by proclamation, for want of profecution, fhall be immediately set at large in open court, without the payment of any fee or fum of money to the sheriff, gaoler, or keeper of the gaol, from whence he or the fhall be fo difcharged, and fet at liberty, for or in refpect of fuch difcharge.

It is further enacted, That all fuch fees as have been usually paid, or payable, to the feveral theriffs, gaolers, and keepers of prisons in England and Wales, in any of fuch cafes, fhall abfolutely ceafe: and, from and after the paffing of this act, no gaoler or keeper of any gaol or prifon, fhall ask, or receive, any fum or fums of money from any of the prifoners, as fees, for, upon, or in refpect of his or her difcharge.

It is further enacted, That, in Ireu of fuch fees fo abolished, the treasurers, or other proper officers of the feveral counties, or of fuch

Tperfons in cuftody for felo. diftricts, hundreds, &c. as are not

nies, or other crimes, or on fufpicion, or as acceffaries, though no bills of indictment are afterwards preferred or found against them, or they are acquitted on their trials, are nevertheless frequently detained for fees to the sheriffs, gaolers, or keepers of prifons, in whofe cutody they happen to be, which is both oppreffive and unjust for remedy whereof, it is enacted, that every prifoner who now is, or hereafter thall be, charged with any

ufually affeffed to the county at large, and of fuch cities, towns corporate, cinque-ports, &c. as do not pay to the rates of the several counties in which they are respectively fituated, fhall, on receiving a certificate, figned by one or more judge or juftice, before whom fuch prifoner thall have been discharg ed, (which certificate the judge or juftice is required to give) pay out of the rates of fuch county, or of fuch district, hundred,

&C.

&c. or out of the public ftock of
fuch city, town corporate, cinque-
port, &c. fuch fum as has been
ufually paid upon that occafion, not
exceeding thirteen fhillings and
four
pence for every prifoner fo dif-
charged, to the sheriff, gaoler, or
keeper of the prifon, whence the
prifoner fhall have been discharged;
which feveral fums, fo paid in pur-
fuance of this act, fhall be refpect-
ively allowed to the treasurers and
officers by the juftices before whom
their accounts shall be passed.

An authentic Account of the miserable Fate of ten Men belonging to the Adventure, lately returned from the South Seas, who were furpriz ed by the Savages in New Zealand, put to death, and eaten. Extracted from the Journal of one of the Crew that was ordered to make Search for the unhappy Sufferers.

tents: the aftronomer, getting up to make an obfervation, miffed fome things, and charged the fentinel with taking them; but while they were in difcourfe. they fpied an Indian creeping from the fhore towards them; they fired at him, and wounded him, but he got off and retired to the woods. The report of the gun had alarmed his companions, who deferted the canoe in which they came, and fled likewife into the woods.

The waterers, who were now apprised of what had happened, and were out upon the fearch, found the canoe, and in it most of the things that had been stolen.

Nothing remarkable happened after this till the 17th, when preparing for our departure, the large · cutter, under the command of Mr. John Roe, the first mate, accompanied by Mr. Woodhouse, midshipman, and James Tobias Swilly, the carpenter's fervant, was fent Sound to Grafs

ON, the 30th of November, cove, to gather greens and wild

Ο

1773, we came to an anchor, in Charlotta Sound, on the coaft of New Zealand, where the fhip being moored, and the boat fent ahore, a letter was found, which informed that the Refolution had been there, and had failed fix days before we arrived.

On the first day of December we fent the tents and empty cafks on fhore to the watering place. The Indians came and visited us, and brought us fish and other refreshments, which we purchased for pieces of cloth and old nails; and they continued this traffic for ten or twelve days, feemingly very well pleafed.

On the 13th fome of them came down in the night and robbed the

celery.

At two in the afternoon the tents were struck, every thing got on board, and the fhip made ready for failing the next day. Night coming on, and no cutter appear. ing, the captain and officers began to exprefs great uneafinefs, fearing fome treachery from the favages. They fat up the whole night in expectation of her arrival; but to no purpose. At day-break, the captain ordered the long boat to be hoisted out, and double manned, with Mr. Burney, fecond lieutenant, Mr. Freeman, mafter, the corporal of the marines, with five private men, all well armed, with plenty of ammunition, two wall[2] =

pieces

pieces, and three days provifion. Thus equipped, about nine in the morning we left the ship, and failed and towed for Eaft-bay, keep ing close in shore, and examining every creek we paffed, to find the cutter: we continued our search till two in the afternoon, when we put into a small cove to dress dinner. While that was getting ready, we obferved a company of Indians, feemingly very bufy, on the oppofite shore; we left our dinner, and, rowed precipitately to the place where the favages were assembled. On our approach they all fled; we followed them closely to a little town which we found deserted: we searched their huts, and while thus employed the favages returned, and made a fhew of refistance; but fome trifling presents being made to their chiefs, they were very foon appealed. However, on our return to our boat, they followed us, and fome of them threw ftones. After we had dined, we renewed our search, and at proper intervals kept firing our wall-pieces, as fignals to the cutter, if any of her people fhould happen to be within hearing.

About five in the afternoon we opened a small bay, where we saw a large double canoe, and a body of Indians hauling her upon the beach. We quickened our courfe to come up with them, but they inftantly fled on feeing us approach; this made us fufpect that fome mifchief had been done. On landing, the first thing we saw in the canoe was one of the cutter's rowlock boards and a pair of fhoes tied up together. On advancing farther upon the beach, we found several of their baskets, and faw one of their dogs eating a piece of broiled

flesh: we examined it, and suspected it to be human: and in one of their baskets having found a hand, which we knew to be the left hand of Thomas Hill, by the letters T. H. being marked on it, we were no longer in doubt about the event. We pursued the favages as far as was practicable; but without fuccess. On our return we destroyed their canoe, and continued our search. At half after fix in the evening we opened Grafs cove, where we faw a great many Indians affembled on the beach, and fix or feven canoes floating in the furf. We flood in fhore, and when the favages faw us, they retreated to a rifing hill, clofe by the water-fide. We were in doubt whether it was through fear that they retreated, or with a defign to decoy us to an ambufcade. Our lieutenant determined not to be furprized, and therefore, running close in shore, ordered the grappling to be dropt near enough to reach them with our guns, but at too great a diftance to be under any apprehenfions from their treachery. In this pofition we began to engage, taking aim, and determining to kill as many of them as our guns could reach. It was fome time before we diflodged them; but at length, many of them being wounded, and fome killed, they began to difperfe. Our lieutenant improved their panic, and, fupported by the officers and marines, leapt on fhore, and pursued the fugitives. We had not advanced far from the water-fide, before we beheld the moft horrible fight that ever was feen by any European; the heads hearts, livers, and lights, of three or four of our people broiling on the fire, and their bowels lying

at

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