1712, intitled, "an act to enable and empower the surviving acting executor of Johanna Parris, widow, deceased, to sell and dispose of certain lands, buildings, and negro-slaves, devised by the last will and testament of the said Johanna Parris, to, and for the use, and purposes therein mentioned ;" and though this act is not drawn as such acts are usually drawn in England, such acts here usually vesting the lands in the person who is to sell, and this act only giving the party a power so to do; and though the sale is to be made by feme covert, yet I take it, it will be sufficient in an act of assembly, which is of the same effect there as an act of parliament here; therefore I have no objection, in point of law, against her majesty's confirming the said act, if her majesty shall graciously be pleased so to do. August 19, 1713. ROBT. RAYMOND. (2.) The opinion of the attorney and solicitorgeneral, Murray, and Lloyd, on the usual privileges of the Jamaica Assembly.

To the right hon. the lords commissioners for trade and plantations.

May it please your lordships.

Pursuant to your lordships' desire, signified to us, by Mr. Pownall, in his letter of the 15th inst., setting forth, that your lordships having lately received a letter from Mr. Knowles, governor of the island of Jamaica, in which he acquaints your lordships with his having dissolved the assembly

there, for calling in question his majesty's right of issuing writs, for electing members to sit in the assembly, without waiting for a message first from them; and inclosing to us an extract of the said letter, together with a copy of the resolution of the assembly, upon which that dissolution was founded, (which extract and copy are herewith returned,) and desiring our opinion, whether the assembly were warranted, in coming to that resolution, and whether it be consistent with his majesty's rights and prerogative; we have considered thereof, and do not think ourselves sufficiently informed to give an opinion upon the question so generally stated, because it depends upon the constitution of the assembly of Jamaica, and the usage, whether whilst the assembly is sitting, all vacancies should first be signified by themselves to the governor; and yet the case must frequently have happened. Nothing is transmitted to us relative to the particular constitution, or usage, in Jamaica, upon this point; and there are no parties to whom we could send for information.

What the assembly claims seems analogous to the law and practice here; but it does not from thence necessarily follow, that it is, or ought to be, the law there; that must depend upon their own constitution and usage, which, without further light, we cannot venture to give an opinion upon.

April 29, 1755.

W. MURRAY.

RICH. LLOYD.

.

(3.) The opinion of the attorney and solicitor-general, Yorke, and Talbot, on the general policy applicable to the same assembly.

To the right hon. the lords commissioners for trade and plantations.

May it please your lordships.

In obedience to your lordships' commands, signified by Mr. Popple, referring to us two acts of assembly, passed in Jamaica, in April 1728, intitled, "an act for granting a revenue to his majesty, his heirs and successors, for the support of the government of this island, and for reviving and perpetuating the acts and laws thereof;"" an act to oblige the several inhabitants of this island, to provide themselves with a sufficient number of white people, or pay certain sums of money, in case they shall be deficient, and applying the same to several uses, for repairing the wall of Port Royal;" for our opinion thereupon in point of law, and transmitting the draught of a bill, for raising a revenue in Jamaica, which was formerly prepared here, to be passed into a law in that island; as likewise a copy of the instruction given to major-general Hunter, for his direction in this matter; we have considered the said acts, together with the said draught, and find several variances therein; but no question in point of law appears to us to arise upon any of those variances, except in the particulars following, viz.

1st. By the draught, it is provided, that where

goods, or merchandizes, should be landed without the presence of the proper officer, or paying, or seeuring the duties, the same should be forfeited, and should, and might be, seized by the receiver-geHeral, or any person authorized by him.

By virtue of which clause, when passed into a law, if any goods should be landed contrary thereto, an information, by way of devenerunt, might be maintained, for the value thereof, without an actual seizure of such goods.

But by the act sent over, it is provided, that goods so landed, being seized by the receiver-general, or any person authorized by him, shall be forfeited; in consequence of which alteration no forfeiture can arise, without an actual seizure of the goods, which is often impracticable, in cases of clandestine importations; and without a forfeiture, no devenerunt can be brought for the value of the goods.

2d. In the draught, a clause is inserted, obliging the receiver-general of the island, to deliver his accounts within a limited time, to the auditor-general of the plantations, to be passed by him, and transmitted to the lords of the treasury of Great Britain; and the doing of this is made part of the condition of his bond, which, by the draught, he is directed to give.

In the act sent over, both these provisions are omitted, and instead thereof a proviso is inserted, that nothing in that act shall prevent the receivergeneral's accounting with the auditor-general of

the plantations, or such other person in the kingdom of Great Britain, as his majesty, his heirs, or successors, shall think fit to appoint for that purpose.

Upon which we beg leave to observe, that by the act, thus altered, no new obligation is laid upon the receiver-general to account before the auditor of the plantations, but his being obliged, or not obliged, to render such account, will depend upon what was the duty of his office, before this act passed; of which we can form no judgment, the constitution or appointment of that officer, not having been laid before us.

3d. By the draught, it is enacted, that the act to be passed in pursuance of that draught, and all other acts of assembly, formerly enacted, and made, to be of equal continuance, and to expire together, with the revenue act therein mentioned, and not thereby altered or repealed, should be perpetual; and also, all such laws, and statutes of England, as by usage, and practice, had been accepted, and received as laws in Jamaica, should be, and continue, laws of Jamaica.

By the act transmitted, it is enacted, that all the acts and laws of Jamaica, which determined on the 1st day of October 1724, and not thereby, or by any former act of the governor, council, and assembly, in force at the time of passing the said act, now transmitted, altered, or repealed, shall be revived and made perpetual; and also all such laws and