can legally cut white pine trees, twenty-four inches diameter twelve inches from the ground, unless they both grow within a Township, and on land that was actually private property, prior to the 7th of October, 1690.

How far it may be expedient to continue, or remove the restriction, as to property without the bounds of a Township, or in any other respect, is for the consideration of your Lordships and the Legislature. It is certainly obvious, that though the law gives a protection to such trees growing on private property, which they would not otherwise have had, it deprives them, at the same time, of another protection (the vigilance and care of the owner) that might, perhaps, have been more efficacious, as experience has shown it to be in most other

cases.

RICH. JACKSON.

June 5, 1771.

Second. Of the King's power of Taxation.

(1.) The opinion of the Attorney-General Northey, that the Queen might direct to be levied a tax on the conquered part of St. Kitt's in 1704.

In obedience to your Lordships' commands, signified to me the 4th inst., by Mr. Popple, I have considered of the annexed presentment of the Commissioners of Her Majesty's Customs, and also of the extract of Col. Codrington's instructions, and am of opinion, that those instructions are not material, in any sort, to the matter contained in the presentment, it being only a power to let and dispose of lands. As to the presentment of the Commissioners of the Customs, I am of opinion, that the officers of the English part of St. Christopher's had no authority, by

virtue of the Plantation Act, made there for the four and a half per cent. on goods, to levy the same for goods exported from that part of St. Christopher's lately gained by conquest from the French, that law extending only to such part of St. Chistopher's as belonged to the Crown of England, when that law was made; but Her Majesty may, if she shall be so pleased, under her great Seal of England, direct and command that the like duty be levied for goods to be exported from the conquered part; and that command will be a law there, Her Majesty, by her prerogative, being enabled to make laws, that will bind places obtained by conquest, and all that shall inhabit therein.

Jan. 13, 1703-4.

EDW. NORTHEY.

(2.) The same lawyer's opinion, that the Queen might legally take off the duty of five shillings per ton, on French ships, when the English ships should be exempted from paying the duty of fifty sols per ton, in France.

To the Queen's most excellent Majesty.

May it please your most excellent Majesty;

My Lord Viscount Bolingbroke having signified your Majesty's commands to me, to consider of the business of the duty of five shillings per ton, laid upon French ships here in England, and the imposition of fifty sols per ton, on English shipping in France, and to report to your Majesty my opinion, whether the said duty of five shillings per ton, being unappropriated money, your Majesty is not at liberty, by law, to take it off, at the same time that the French take off fifty sols per ton, on English shipping, if your Majesty shall think fit; or

whether the words of the Act must be literally observed, and the duty of five shillings per ton, on French shipping, cannot be taken off till three months after the taking off fifty sols per ton in France. And I am humbly of opinion, that the duty of five shillings per ton, being unappropriated, and the French having effectually taken off the fifty sols per ton, on English shipping, your Majesty may lawfully direct the Commissioners of the Customs, to forbear taking the said five shillings per ton, on French shipping for three months, and then, by the Act of navigation, laying that duty, the same will determine. EDW. NORTHEY.

Sept 30, 1713.

(3.) See the opinion of the Attorney and Solicitor-General, Yorke and Wearg, on the King's power of Taxation over conquered countries.*

Third. Of the King's Grants.

(1.) The opinion of the Attorney-General Treby, in 1689, on a grant, for life, of Auditor of the Virginia

revenue.

[A letter to the Attorney-General, with Mr. Ayleway's patent.]

Council Chamber, June 21, 1689. Sir, The Right Honorable the Lords of the Committee for Trade and Plantations, having considered the petition of Mr. Robert Ayleway, referred to their Lordships by His Majesty's order of the 3d of May last, praying to be admitted to the office of Auditor-General of Virginia, pursuant to letters patent in that behalf, their Lordships have ordered a copy of the said letters patent

*Third head, II. No. 7

to be sent to you for your opinion, whether the petitioner be legally stated in the said office, and whether he be not obliged to give his personal attendance in the execution thereof, in Virginia, at least if His Majesty shall require it.

WM. BLATHWAYT.

The petitioner, Mr. Ayleway, brings you the original

patent with this.

June 25, 1689.

I have perused the letters patent of January 16, in the twentieth year of the reign of King Charles the Second, whereby the said King grants to Robert Ayleway the office and place of Auditor-General of Virginia, for his life; and I conceive the same to be a good grant in law; and that he may execute the place by deputy, without personal attendance, provided his deputy be sufficient. GEO. TREBY.

(2.) Mr. Lamb's opinion on the appointment of Sheriff's in New Jersey.

To the Right Hon., the Lords Commissioners for Trade and Plantations.

My Lords;

In obedience to your Lordships' commands, signified to me by Mr. Hill's letter of the 18th of July last, I have reconsidered an Act passed in New Jersey, in January, 1747, entitled: "An Act to oblige the several sheriffs in this Colony of New Jersey, to give security, and take the oaths or affirmation therein directed, for the due discharge of their offices, and to prevent their too long continuance therein."

I find in my report made to your Lordships the 23d

of January last, that I made no objection to this Act in point of law, as it appeared to me that Acts of the like nature, in regard to sheriffs, have passed in some of the neighboring Provinces, which have been confirmed here, and it is upon the plan of those Acts, that this Act seems to have been framed.

As for the reasons of this Act being passed within this Province, the Governor, who gave his assent thereto, I suppose has informed your Lordships, pursuant to his instructions, and it seems very proper he should have done so, as, by this Act, the limiting the time of the continuance of a sheriff in his office, is, in some respect, restraining the power he derives from the Crown of appointing sheriffs, which, before this Act passed, was without limitation, and so was the power of the Crown in England, formerly; but by several Acts that have been passed here, the Legislature have limited the time of a sheriff serving in his office: Therefore, it appears to me, that as some of the neighboring Provinces have found reason to pass Acts of this nature, which are now subsisting, and as the Legislature here have also found reason heretofore to pass Acts limiting the time of a sheriff's continuance in his office, that there may have been reasons to induce the Legislature of this Province to do the same; all which must be submitted to your Lordships, and from the information you have received, how far you think proper to recommend the confirming of this Act. MAT. LAMB.

LINCOLN'S INN, Sept. 30, 1749.