(10.) The opinion of the same lawyers, on the nullity of a similar grant to Mr. Hodgson.

To the Right Honorable the Lords Commissioners of Trade and Plantations.

May it please your Lordships;

In obedience to your Lordships' commands, signified to us by Mr. Popple, we have considered the letters patent (a copy of which you was pleased to send us) from the late Lords Proprietors of Carolina, in 1715, to William Hodgson, Esq., and we are of opinion, that the words are too general to pass lands, and that Mr. Hodgson hath no right to any land in Carolina, by virtue of the said patent.

November 24th, 1735.

J. WILLES.

D. RYDER.

(11.) The opinion of Mr. Fane, on the validity of the grant of the Secretary's office in South Carolina.

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

May it please your Lordships;

In obedience to your Lordships' commands signified to me by Mr. Hill, I have considered the case of Mr. Hammerton, relating to his claim of the office of Registrar, of the Province of South Carolina, and I beg leave to say, that I think he is well entitled to it, by virtue of his grant from the Crown; and, notwithstanding there does not appear to be any commission of Registrar granted by the Lords Proprietors till the year 1700, yet, as the Acts of 1694 and 1698 have directed what is to be done by such an officer, I think it is very probable that such an officer was appointed before, or at the time those

Acts were passed. I think, therefore, it appears to be an ancient office, and held and exercised by the Secretary during the Lords Proprietors' time; and by the Acts of 1694 and 1698, it was his duty to register all patents and grants for lands, sales, conveyances and mortgages of land, and all other writings that were required to be registered.

By the grant of the Lords Proprietors to Mr. Bertie in 1725, he is empowered to do and perform, not only the particular matters and things therein mentioned, but also all other acts usually done by the former Secretaries. The present grant to Mr. Hammerton pursues the very words of Mr. Bertie's grant, as to the description of the office, and empowers the grantee, not only to do and perform the several matters and things therein particularly specified, but also all other acts usually done by the former Secretaries; and it appears, by the papers referred to me, that the whole business of Registrar and Secretary, was exercised by the Secretary without any molestation, from 1700 till Mr. Johnson was appointed in 1733. This being the case, I think Mr. Hammerton is entitled to hold and enjoy his grant, in as full an extent as any of his predecessors have done, in the time of the Lords Proprietors.

June 8th, 1739.

FRAN. FANE.

(12.) The opinion of the Attorney-General Willes, on the right of the Proprietor of Maryland, to appoint to offices, under the King's Charters.

Quare 1.-Whether, by the Charter of Maryland, the Lord Proprietor has not a right to the nomination of all officers in general, civil as well as military?

Answer. I am of opinion, that by the Charter of Maryland, the Lord Proprietor has a right to nominate and appoint all officers in general, as well civil as military.

Quære 2.-Whether there is anything particular in the nature of the office of Treasurer, of either shore, to exempt it from the said nomination?

Answer. It does not appear to me, that there is any thing so particular in the nature of the office of Treasurer, of either shore, as to take the right of nomination to this office from the Lord Proprietor, and to give it to any other persons.

Quære 3.-Whether a few precedents in this case, of a Treasurer being appointed by tripartite concurrence of both Houses of Assembly and the Governor, can or do overthrow His Lordship's right.

Answer. All the precedents, except one, being between 1692 and 1716, when my Lord Baltimore was out of possession, I am of opinion, that they will not overthrow his Lordship's right, founded upon such plain words in the Charter.

Quære 4.-Whether the precedents, hereunto annexed, do divest the Lord Proprietor of his right of nomination to the office of Treasurer or Treasurers, so nominated, they giving the security the law directs?

Answer.-The Treasurer or Treasurers, when nominated by the Proprietor, must give such security as the law directs. To the other part of this quære, I have given an answer already.

January 22, 1736-7.

J. WILLES.

Fourthly. Of an anomalous exclusion of the King's right of granting a colonial office.

(1.) The opinion of the Solicitor-General Montague, on the exclusive right of the Governors, to appoint naval officers.

WHITEHALL, June 11, 1708.

SIR; Her Majesty, having been pleased to refer to the Lords Commissioners of Trade and Plantations, a petition from Mr. Samuel Cox, complaining of his having been turned out of his place of naval officer, in Barbadoes, by Mr. Crow, Governor of the said Island, and praying to be restored to his said place; their Lordships have commanded me to send you the enclosed papers, viz:

A clause in an Act of Parliament, passed in the 15th year of the reign of King Charles the Second, entitled An Act for the encouragement of trade;"

A clause in an Act of Parliament, passed in the seventh and eighth years of His late Majesty's reign, entitled "An Act for preventing frauds and regulating abuses in the plantation trade;

Copy of a clause in Her Majesty's instructions to Mr. Crow, relating to the Acts of Trade and Navigation; Copy of a clause in Mr. Crow's instructions, relating to the government of Barbadoes.

Upon consideration of which papers, their Lordships desire your opinion: Whether, by the forementioned Acts, the power of appointing the naval officer be vested solely in a Governor of the Plantations, exclusive of the Crown?

In case the sole right be in the Governor, yet the said office being filled by virtue of letters patent from the

Crown, granted and enjoyed during the time of two preceding Governors, (which is the case of Mr. Cox, the petitioner): quare, Whether the present Governor can dispossess him of the said office, without any crime or mismanagement alleged against him; or whether the right of the Governor accrues only in case of vacancy during his government.

My Lords;

W. POPPLE, JUN.

July 13th, 1708.

In obedience to your Lordships' commands, signified to me by Mr. Popple, the 11th of June last, I have considered the several clauses in the Acts of Parliament, made the fifteenth year of King Charles the Second, for encouragement of trade, and the seventh and eighth years of His late Majesty King William, for preventing frauds and regulating abuses in the Plantation Trade; and I have perused the clauses in Her present Majesty's instructions to Mr. Crow, relating to the Acts of Trade and Navigation, and to the Government of Barbadoes.

And in answer to the first quare your Lordships have made thereupon, viz: Whether, by the aforementioned Acts, the power of appointing the naval officer be vested solely in a Governor of the Plantations, exclusive of the Crown? my humble opinion is, that since the statute of the fifteenth of Cha. II. does expressly require all masters of ships coming to the Plantations, to make known their arrival and give in an inventory of their goods to the Governor there, or such officer as shall be by him hereunto authorized and appointed, before any goods be unladen, that the appointment of this officer, who is now called the Naval officer, does solely belong to the