(5.) The opinion of the Attorney and Solicitor-General, Raymond and Yorke, how far the Statute of Monopolies extends to the Colonies.

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

In obedience to your Lordships' commands signified to us by Mr. Popple, by his letter dated the 24th of June last, whereby he acquaints us, that His Majesty, having been pleased to refer to your Lordships the petition of Mr. Shard and others, for a patent for the sole curing of sturgeon in America, and importing the same into this kingdom; and your Lordships, being desirous to have the same effectually carried on without being made a stock-jobbing business, were pleased to require our opinion, in what manner a patent may be granted them. To answer what your Lordships propose, in that point, we have considered of the matter thereby referred to us, and are of opinion, that if such a patent as is prayed by the petitioner, might be granted by law, the making it a stock-jobbing business may be prevented, by inserting a clause therein for that purpose; but, upon the case as stated to us, we apprehend that the art pretended to by the petitioner, does not appear to be a new invention, of which the sole use is grantable; besides that, we are very doubtful upon consideration of the Statute of the 21st of Jac. I., c. 3, whether the prerogative of the Crown, for making grants of this nature, exclusive of other persons, extends to the plantations.

July 18, 1720.

ROBT. RAYMOND.

PHIL. YORKE.

(6.) The opinion of the Attorney-General Yorke, in 1727, how far Statutes extend to the Isle of Man.

I am of opinion, that no officer of the Customs can, by virtue of any deputation from the Commissioners of the Customs in Great Britain, make a seizure in the Isle of Man; because, as I take it, their commission doth not extend to that Island; but I conceive that the clause in the Act 7, Geo. I., upon which this question arises, gives power to any person, whatsoever, to seize goods imported into the Isle of Man, contrary to the provision of that Act; and that those general words are not restrained as they are in England, by the operation of the Act of frauds, 14 Car. II., c. 11., s. 15, which directs seizures to be made by the officers of the Customs only, for that clause extends only to England, Wales and Berwickupon-Tweed; therefore, I think officers, so deputed, may make seizures in the Isle of Man, for importations contrary to the Act 7° Georgii, and prosecute the same to condemnation, in the proper Court there, but this must be done, not by virtue of their deputations, but as common persons, by force of the Act of Parliament.

August 23, 1727.

P. YORKE.

(7.) The opinion of the Attorney and Solicitor-General, Yorke and Wearg, on the extension of the Laws of England to the Colonies, and on other analagous topics of Law.*

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, by his letter dated the 4th of February last, transmitting to us the annexed copy of an order of their Excellencies, the late Lords Justices, made in Council, and requiring our opinion upon the matters therein referred to your Lordships, we have considered the said order, which contains in substance, that your Lordships should consider what laws, now in force in the island of Jamaica, will expire the 1st of October, 1724, and what laws will remain in force after that time; and that your Lordships should also consider upon what foot the government of that island will stand after the said 1st of October, 1724, and under what circumstances the inhabitants thereof will remain, in relation to their dependence upon the authority of the Crown; and that your Lordships would take the opinion of His Majesty's Attorney and Solicitor General thereupon, and report a full state thereof to their Excellencies in Council.

And we humbly certify your Lordships, that the several points mentioned in the said order, depending upon

*By a clause in the Mutiny Act, 6 Geo. III. crimes committed in the upper country of Canada were made triable in the Canadian Courts of Justice; in 1772, one Du, who had murdered his master at Detroit, was thus tried, found guilty and executed.

the Constitution of the Island of Jamaica, and the several alterations it has undergone, since the conquest thereof from the Crown of Spain, in the year 1655, we have found it necessary to inquire into a great variety of facts, which could only appear by the books and memorials preserved in your Lordships' office; and in order to our information therein, your Lordships' Secretary did, at our request, lay before us several original books, and copies and extracts out of other books and papers, by the assistance whereof we have endeavored to form some judgment upon the subject matter of the said reference; but by reason of the many defects which were in the first settlement of this Colony, and the contentions which have been kept on foot ever since, between the respective Governors and Assemblies of the people, we find many things, of no little consequence, left in great uncertainty, at this day; and in several instances, it is very difficult to learn what was the real transaction, by reason of the imperfect accounts which have been sometimes transmitted hither.

The points specified in the said order of the late Lord Justices, whereupon your Lordships have been pleased to require our opinion, are three, viz:

What laws, now in force in Jamaica, will expire on the 1st day of October, 1724?

What laws will remain in force after that time?

Upon what foot the government of that Island will continue, after that time, particularly in relation to its dependence upon the authority of the Crown of Great Britain?

As to the laws of the Island, they appear to have been made in different manners, and under different

powers, at several periods of time; and because in considering them, some facts will occur, which may be found to be material, with relation to the third point referred to us, we beg leave to state the case, as to this head, more fully to your Lordships.

The first commission of a Governor of this Island, which has been laid before us, was granted to Colonel Edward D'Oiley, bearing date the 8th day of February, 1660, whereby he was empowered to do and execute all things appertaining to the office of Governor, which might tend to the defence and good government of the Island, according to such powers as were given him by his commission and instructions, and according to such good and reasonable customs and constitutions as were exercised and settled in His Majesty's other Plantations, or such as should, upon mature advice and consideration, be held necessary and proper, for the good government and security of the Island, provided they were not repugnant to the laws of England; but no reservation is made, or direction given, for the transmitting any Acts, or orders, to be made by him in the Island, to be confirmed by the King.

For the better administration of justice, and management of affairs, he was directed to take to him a Council of twelve persons, to consist of the Secretary of the Island, and eleven persons to be elected indifferently by as many of the officers of the army, planters, and inhabitants, as by his best and most equal contrivance might be admitted thereunto.

With the advice of this Council, or any five of them, the Governor was empowered to erect and constitute Civil Judicatures, with power to administer an oath, and to do and execute all and every such further Act and