1780-11-23 (static/transcriptions/1780/11/039.jpg)

1780. 4 Sittings. [Thursday] Nov. 23.

Petitioners. It has been taken as a legal objection that a By-Law can not be inforced by imprisonment: but many cases shew that where there is a Custom to imprison they may, the Case of Wood and the Corporation of London shews this. The Power to inflict fines is given in express words by the Act of 13 G. 3. Ch. 63, and the inforcing them by imprisonment is a necessary incident, where it is not said they shall be recover’d by Action, Coke-Littleton 56 says, where the Law gives any thing whatever is necessary for the exercise of it is given.
The Power of Taxation is almost the only objection taken by the Natives in their Petition. The Power of reasonable Taxation I think is clearly given in the Clause, in which the Ordering and Government of this Country is given to the Governor General and Council, and also in that for making By-Laws, for the purposes of those By-Laws can not be answer’d
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