The exorbitant Bail demanded by the Sherriff of tlie County of Albany from one Pain an Inhabitant on tlie Lands in Controversy, & now a Prisoner in Albany Goal, at the Suit of M» Livingstone for Trespass in Cutting Timber Trees on those Lands, & the Reason offered by the Sheriff for his requiring suck Bail, are equally extraordinary k surprising, For he refuses to accept Bail in tliat Action for less than JCIOOO lawful Money of New York, assigning this as his Rea-son therefor, viz' That the said Pain is suspected as liaving been concerned in a Riot committed there, when the said Pain has been never indicted or any way prosecuted therefor. And tlie Sherriff refusing to accept of Bail even in that extravagant Sum unless the Prisoner would first pay him the Cost incurred in that action to that time,

Vol. hi. 49

770 ■ PAPEUS RELAT13NG TO THE

tlio' no Tryal had been had thereou, is altogether a new & illegal method of proceeding, and we humbly conceive peculiar to the City of Albany, if not limited to this particular Case.

The Conduct also of Mr Livingstone towards the People settled tliere (according to the repeated advices & Complaints we have from them) in his threatning them to drive them by Force from their Possessions, to destroy their buildings, k in offering large Sums of Money to have them imprisoned, & in sending Parties of Riotous & disorderly Persons from " time to endeavour to apprehend them, is such as we should not have at any time expected from a Gentl" of his Character and Quahty, much less should we have imagined he would have taken such Measures at a time when he was very sure, that the Execution of tlie Measures consulted and determined by this Province respecting tills matter was suspended on a Prospect that a publick Deterniinatiou of tiiis Dispute & a Settlement of the Boundary Line between the two Provinces would probably soon be made, & when tlie People there had special Reason from his express Declaration, as well as from the Nature of the thing to expect he would suspend all further Prosecutions against them,untillsuc]i attempt of a pubUck accomodation should have been made.