Governor Patterson returned to the island in 1780, relieving the
Honorable T. DesBrisay, who had succeeded Mr. Callbeck as administrator;
and shortly after his arrival he appointed Mr. Nisbet, his
brother-in-law, then clerk of the council, to the office of the receiver
of quitrents. It was now determined by the governor to enforce a law
passed by the assembly in 1773, “for the effectual recovery of certain
of His Majesty’s quitrents in the Island of Saint John,” and in
conformity to the treasury minute of the seventh of August, 1776, to
which reference has already been made. Accordingly, early in 1781,
proceedings were commenced in the supreme court against the townships in
arrear of quitrents, as enumerated in the act of 1773, and the sale of a
number of townships was thus effected. These reasonable proceedings were
complained of to the British government, and powerful influence was
brought to bear for the purpose of counteracting them. As the act of
1773, which had been confirmed by His Majesty, only applied to a part of
the lands granted, it was deemed necessary to pass another act in 1781,
which was intended to take a wider scope, and to render the sale of all
lands in the island, where quitrents remained unpaid, legal. This act
had, however, a clause suspending its operation till the King’s pleasure
should be known. It appears by a manuscript copy of a report, dated
tenth of July, 1783, by the lords of the committee of council for
plantations, now before us, that this act was referred to Andrew
Jackson, one of the King’s council, who reported that, in point of law,
no objection could be made to it; and the same report also furnishes
interesting information as to the considerations by which the government
was influenced in its treatment of the action of the House of Assembly
in regard to land. An application was made in behalf of officers abroad
in the King’s service, who were proprietors of land, praying that the
arrears of quitrent due on their lands should be remitted, and that no
proceedings should be taken to dispose of those lands for future arrears
until the conclusion of the war, when they might be enabled to settle
and improve the same. Thomas Townshend, the colonial secretary,
accordingly recommended that no action during the war should be taken
against the property of absent officers. A petition was about the same
time presented by other proprietors of land in the island, reciting the
difficulties peculiarly incident to the island, showing that their
expectations, mainly in consequence of the American war, had proved
abortive, and complaining that many of the allotments in the island had
been sold under the assembly act of 1774, and of the treasury order of
1776, _to officers resident in the island_, for little more than the
arrears and charges of confiscation. They further prayed for a remission
of the quitrents in arrear, and that in future they might have the
option of paying the quitrents either in London or the island. The
Public-domain text, read in full here on John Shaqi.
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