Administration+of+Justice+Act-Paul

Worried by the courts that convened in America and in Massachusetts in particular, and their bias toward the colonists over their British governors, on May 20, 1774, the Parliament passed the Administration of Justice Act. It provided that the governor of Massachusetts had the authority to remove any trial proceeding to another colony or to Great Britain; that witnesses could be compelled to travel to the trial; and that in any case, bail was required even in capital cases if the defendant contended that the crime of which they were accused was committed while acting in an official capacity, such as the suppression of riots. The act purports to induce public servants to perform their duties by removing fear of prosecution, a principle that extends to the United States, where any public servants are immune from prosecution for certain acts; however, the provision that the trial would be removed to Great Britain made it impossible to try persons who deserved to be tried; the compelling of witnesses to travel to Great Britain further made trial impossible (even though the Act did provide for the expenses of the witnesses to be paid). These provisions lead the colonists to rename the act the Murder Act, reflecting their fears that insurrections would be put down with deadly force. The Administration of Justice Act is one of the Intolerable Acts that lead to dissent in the American colonies and to the creation of the [|Declaration of Rights and Grievances] in 1774. It is also known as the Impartial Administration of Justice Act. The other Intolerable Acts are the [|Boston Port Act], the [|Massachusetts Government Act], the [|Quartering Act], and the [|Quebec Act]. The source for this text is the [|Avalon Project]. The text has been modified slightly to expand abbreviations, modernize spelling, and enhance readability. Footnotes explain arcane language or uncommon terms.

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Administration Of Justice Act May 20, 1774- Also Known as the Coercive Acts

An act for the impartial administration of justice in the cases of persons questioned for any acts done by them in the execution of the law, or for the suppression of riots and tumults, in the province of the Massachuset's Bay, in New England.

WHEREAS in his Majesty's province of Massachuset's Bay, in New England, an attempt hath lately been made to throw of the authority of the parliament of Great Britain over the said province, and an actual and avowed resistance, by open Force, to the execution of certain acts of parliament, hath been suffered to take place, uncontrolled and unpunished, in defiance of his Majesty's authority, and to the utter subversion of all lawful government: and whereas, in the present disordered state of the said province, it is of the utmost importance to the general welfare thereof, and to the re-establishment of lawful authority throughout the same, that neither the magistrates acting in support of the laws, nor any of his Majesty's subjects aiding and assisting them therein, or in the suppression of riots and tumults, raised in opposition to the execution of the laws and statutes of this realm, should be discouraged from the proper discharge of their duty, by an apprehension, that in case of their being questioned for any acts done therein, they may be liable to be brought to trial for the same before persons who do not acknowledge the validity of the laws, in the execution thereof, or the authority of the magistrate in support of whom, such acts had been done: in order therefore to remove every such discouragenent from the minds of his Majesty's subjects, and to induce them, upon all proper occasions, to exert themselves in support of the public peace of the province, and of the authority of the King and Parliament of Great Britain over the same; be it enacted. . .. That if any inquisition or indictment shall be found, or if any appeal shall be sued or preferred against any person, for murther, or other capital offense, in the province of the Massachuset's Bay, and it shall appear, by information given upon oath to the governor. . . [or lieutenant governor]. . . of the said province, that the fact was committed by the person against whom: such inquisition or indictment shall be found, or against whom such appeal shall be sued or preferred, as aforesaid, either in the execution of his duty as a magistrate, for the suppression of riots, or in the support of the laws of revenue, or in acting in his duty as an officer of revenue, or in acting under the direction and order of any magistrate, for the suppression of riots, or for the carrying into effect the laws of revenue, or in aiding and assisting in any of the cases aforesaid; and if it shall also appear, to the satisfaction of the said governor. . . that an indifferent trial cannot be had within the said province, in that case, it shall and may be lawful for the governor. ., to direct, with the advice and consent of the council, that the inquisition, indictment, or appeal, shall be tried in some other of his Majesty's colonies, or in Great Britain; and for that purpose, to order the person against whom such inquisition or indictment shall be found, or against whom such appeal shall be sued or preferred, as aforesaid, to be sent, under sufficient custody, to the place appointed for his trial, or to admit such person to bail, taking a recognizance. . . from such person, with sufficient sureties, to be approved of by the said governor. . ., in such sums of money as the said governor. . . shall deem reasonable, for the personal appearance of such person, if the trial shall be appointed to be had in any other colony, before the governor, or lieutenant-governor, or commander in chief of such colony; and if the trial shall be appointed to be had in Great Britain, then before his Majesty's court of King's Bench, at a time to be mentioned in such recognizances; and the governor, or lieutenant-governor, or commander in chief of the colony where such dial shall be appointed to be had, or court of King's Bench, where the trial is appointed be had in Great Britain, upon the appearance of such person, according to such recognizance, or in custody, shall either commit such person, or admit him to bail, until such trial. . . II. And, to prevent a failure of justice, from the want of evidence on the trial of any such inquisition, indictment or appeal, be it further enacted,That the governor. . . is hereby authorised and required, to bind in recognizances to his Majesty all such witnesses as the prosecutor or person against whom such inquisition or indictment shall be found, or appeal sued or preferred, shall desire to attend the trial of the said inquisition, indictment, or appeal, for their personal appearance, at the time and place of such trial, to give evidence: and the said governor. . . shall thereupon appoint a reasonable sum to be allowed for the expences of every such witness. ..



V. And be it further enacted. . ., That where it shall be made appear to the judges or justices of any court, within the said province of Massachuset's Bay, by any person [charged with crimes as aforesaid], that he intends to make application to the governor. . . that such inquisition, indictment, or appeal, may be tried in some other of his Majesty's colonies, or in Great Britain, the said judges or justices are hereby authorised and required to adjourn or postpone the trial of such inquisition, indictment, or appeal,for a reasonable time,to admit the person to bail,in order that he may make application to the governor...for the purpose aforesaid.