ed, &c. under the penalty of forfeiting, &c. so that for aught I can see to the contray, a common sailor's running a dozen of beer on shore may make the owner of the vessel and cargo liable to the penalty of this act, which is no less than the forfeiture of all such wines or other strong liquors as shall be attempted to be landed, or the value thereof in money, together with the ship or vessel in which they were imported, with all her guns, tackle, furniture, ammunition and apparel. I think I need not say any thing more concerning the unreasonableness of this penalty than barely to state it.

The observations which I have now laid before your Lordships contain all the objections which I have to this act; and, upon consideration of them, your Lordships will determine whether it will be proper to be passed into a law or not.

January 21, 1723-4.

RICH. WEST.

(7.) Mr. West's objectims to various acts of the Barbadoes Assembly, showing their unfitness.

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

May it please your Lordships;

In obedience to your Lordships' commands, signified unto me by Mr. Secretary Popple, I have perused the several following acts passed in the island of Barbadoes in the years 1717 and 1718; and as to the several acts, of which the titles are as follows, viz: "an act, enabling the representatives of the parish of Christ Church to sell six acres and thirty perches of land in the said parish, formerly the land of Philip Howell, deceased"

(no objection); "a supplemental act to the act laying an imposition or duty on all sugars, molasses, rum, cotton and ginger, imported into this island, which are not the natural product and manufacture of some of His Majesty's colonies" (no objection); "an act to prohibit masters of ships and other vessels from landing aliens or foreigners in this island without a license for so doing from the Governor or Commander-in-chief for the time being" (no objection); "an act for providing a recompence for Thomas Whaley, attorney at law, clerk to the commissioners of contracts, for repairing the fortifications, for his drawing several articles, and other writing for the country service, and also for satisfaction of some charges, &c." (no objection); "an act, the better to enable committee of public accounts of this island to settle the accounts of Richard Downs, late treasurer of this island, deceased (no objection); "an act, appointing agents to transact and negotiate the affairs of this island in Great Britain" (no objection); "an act, to prevent His Majesty's subjects, within this government, from having any trade or commerce with, or giving any protection, encouragement, or assistance, whatsoevsr, to any of the rebellious subjects of his most Christian Majesty, belonging to the island of Martinique" (no objection); “an act for the encouragement of David Aubin, gentleman, in two several projections, by him invented,, (no objection); "an act to empower the treasurer of this island to defray the expense of the late great sessions, held on the second Tuesday in December, 1717" (no objection); "an act to raise a levy on the several inhabitants of this island" (no objection); "an act for the better ordering and regulating His Majesty's high and honorable court of exchequer, and pleas of the

crown" (no objection); "an act, for the better ordering and regulating His Majesty's courts of common pleas within this island" (no objection); "an act, appointing in what manner salt and all sorts of grain, imported into this island, shall be sold or disposed of" (no objection); "an act to raise a levy on the several inhabitants of this island" (no objection); "an act, for encouragement of Thomas Sainthill, gentleman, in his projection of a mill for grinding sugar-canes" (no objection); “an act, for the furhter and better enabling the committee, appointed for settling the public accounts of this island, to proceed to the balancing accounts of the honorable Thomas Maycock Esq., late treasurer of the said island" (no objection); "an act to empower the treasurer of this island to defray the expense of the late grand sessions, held for the body of this island, on the 10th, 11th and 12th days of June, 1718" (no objection); an act granting a free liberty to the inhabitants of this island, in general, to load and unload, to and from any the bays, creeks, or harbors, in and about this island" (no objection); "an act to confirm an assessment of negroes' labor and carriage of carts, laid on the owners of said negroes and carts, within the parish of Christ-Church, by the gentlemen of the vestry of the said parish" (no objection); "an act, appointing agents to transact and negociate the affairs of this island in Great Britain." I have no objection to their being passed into law.

But, as to the act, entitled "an act, requiring all persons to bring into the treasurer's office, a list of all orders due to them from the public," I must beg leave to observe to your Lordships, that, as only fifteen days are allowed to bring into the treasurer's office all orders which any man may have due to him from the public,

upon pain of being postponed in the payment of his debt, that it may be very injurious to persons dwelling out of the island; and; therefore, I submit it to your Lordships, whether it would not have been reasonable to have allowed unto such persons a longer time for the producing of their orders.

On

Besides the above mentioned acts, [among which your Lordships will observe, that there are several private acts] there are four other private acts, all them intended to dock the entails of particular estates, of which I cannot report any one to be proper to be passed into law the first of which is an act, entitled "an act to dock the entail of a plantation in the parish of St. James's, and the negro slaves therunto belonging, and to vest the fee simple thereof in William Thorpe, gentleman, youngest son of Robert Thorpe, deceased." which act, I must observe to your Lordships, that though there is a reservation of the right of Thomas Thorpe, who, in case he should return into the island of Barbadoes, would be entitled unto the estate in fee, yet it is upon this condition, that he should live in the island now, though this is in pursuance of the testator's will, yet, while it stood upon the foot of the will, Thomas Thorpe might, and perhaps with success, have disputed the validity of that condition, but, if it be annexed unto his estate by the passing of this act into law, he is then bound down to the performance of that codition without remedy, and his removal out of the island, to reside even in England, might be construed to be a forfeiture of his estate; I submit it to your Lordships to determine, how far conditions of this nature are to be encouraged or not.

The second is an act. entitled "an act to dock the en

tail on certain plantations, in the parishes of St. Thomas and St. James, and to vest the same in Joseph Gibbs Esq. Upon which act, I must observe to your Lordships, that the estates by this act to be vested in Joseph Gibbs Esq. are derived from the wills of two different testators, who created the entails the remainder in fee to their respective right heirs, and yet there is no recital in this act [by which it is proposed to dock the said several entails,] of the several consents of the next heirs of either of the said testators, which I conceive to be not only requisite, in consequence of the Governor's instructions, but even of natural justice and equity.

The third is an act, entitled "an act to dock the entail on two messuages and three pieces of land in the town. of Saint Michael, and on certain negro slaves, and to vest the fee simple thereof in Martha Lenoir, wife of John Lenoir Esq., and daughter and heir of William Craggs Esq., late of the town of St. Michael, merchant, deceased. The end of this act is to dock the entail of an estate which is supposed to be vested in Martha Lenoir, by virtue of its having been granted to her and her heirs lawfully begotten. My obiection to this act is that it is impertinent, for without the assistance of this act she hath an estate in fee simple already.

The fourth is an act entitled, "an act to dock the entail limited on certain lands, &c." in the parish of Saint Philip, and to invest the fee thereof in John Jones, gentleman. My objection to this act is, that though there is in it a reservation of the right of the Crown, yet it is not proper to be confirmed upon the account, that a clause is wanting to save the rights of all bodies