3. An act laying an imposition on liquors, &c.. 4. An act for establishing fast days, to be celebrated in these islands in an anniversary course.

5. An act for the speedy reparation of the castle, forts, and platforms belonging to these islands, and for building barracks with chimnies to each fort, where needful; and for raising a present supply of monies for that end.

6. An act to prevent the evading of payment of just debts, and satisfaction of damages.

And I humbly observe to your Lordships, that the act for imposition on liquors, &c. expired on the 3d of July, 1703, notwithstanding which, the fact recited in the preamble of this act may deserve your Lordships' consideration.

It is recited that an imposition had been laid on li quors, to continue for two years only, at a former sessions of assembly, held under the government of Samuel Day Esq., but that, by the clerk's neglect, a whole paragraph in that act, which is recited to be temporary, was entered on record as a perpetual law, and that the late Governor, Mr. Day, had extorted several sums of money after the determination of that act, as if the act had had continuance, and had transmitted it to his late Majesty as a perpetual law to be confirmed.

It is further recited, that Mr. Bennett, the present Governor, upon a representation thereof by the assem▾ bly, had assured them to represent the same to his late Majesty, and that the collection of the rates, imposed by that act, should cease till his Majesty's pleasure was known.

Whether that act, entered upon record amongst the acts of the assembly of the island as a perpetual law,

and transmitted as such by the former Governor to be confirmed, be yet confirmed or not, does not appear to me.

But it appears from this recital, that the present Governor, by his own authority, at the request of the assembly, has stopped the further collection of the rates imposed by the act, passed under the government of Mr. Day, upon the allegations recited in this act.

The act to prevent the oppression and extortion of officers, passed the 6th of July 1701, appears to be repealed the 14th of November 1702, otherwise the said act is liable to objections.

As to the four other acts, I have no objection to either of them in point of law.

July 28, 1704.

SIM. HARCOURT.

(24.) Mr. West's objections to an act of the same A8sembly, as it imposed a duty on the importation of British manufactures.

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

My Lords;

In obedience to your Lordships' commands, signified to me by Mr. Popple, in a letter dated the 5th of this instant, February, I have perused and considered an act of assembly, passed in the Bermuda islands, entitled “an to supply the deficiency of several funds in these islands, for finishing and completing a house for the present and succeeding Governors, and repairing the castle and other fortifications, and for defraying the other publie charges of these islands."

The act recites, that an act had been passed, anno 1713, by which a duty of 31. per cent. was laid upon all

goods imported into those islands, to be applied for the purposes in that act mentioned, which act was to continue for the term of two years only. It also recites, that by another act, passed anno 1715, the former duty was continued for the term of seven years, and an additional duty of 21. per cent. more was laid to continue for the same term.

As to the present act, though I cannot say there is any great objection to it directly, in point of law; yet, I think, I ought to observe to your Lordships, that the purport of the present act is to continue the last mentioned increased duty of 51. per cent. for no less a term than one and twenty years longer; and as a duty of this nature must chiefly, as I apprehend, affect the importation of British goods into those islands, I submit to your Lordships how far this act is consistent with the Governor's instructions, more especially when it is considered that the duty is not to continue, as formerly, for two or seven, but for one and twenty years.

February 13, 1721.

RICH. WEST.

(25.) The objections of the same lawyer, to similar laws of the same Assembly.

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

My Lords;

In obedience to your Lordships' commands, I have perused and considered an act, passed at Bermuda, alias Somer islands, in America, in 1723, entitled "an act to supply the deficiency of the several funds in these islands, and for the immediate support of the government, and for the repairing the fortifications:" by which act it is proposed to raise, as I am informed, a sum not much

exceeding one thousand pounds per annum, and to that end a duty is laid upon all goods imported into those islands, which is represented unto me by those who have attended on the behalf and in maintenance of this act, as the only fund by which the inhabitants are able to provide for the support of the government; and if that be fact, I can have no objection to the laying a duty in general; but I must observe to your Lordships, that there is a distinction made between the inhabitants of the island and strangers, the inhabitants being to pay af ter the rate of forty shillings per cent. and strangers after the rate of four pounds per cent.

In relation to which distinction, it has been represented to me as a reason for it, that the inhabitants are obliged very often, upon any intelligence of pirates, to be three or four days under arms at once, and very often obliged to fit out after them to sea, all which is a very great expense to them, and which strangers are not liable to.

If your Lordships are of opinion, that this consideration is sufficient to balance the above-mentioned difference in the tax, I have no objection to this act being passed into law.

I have also perused and considered the several other acts passed in the same island, entitled "an act for the better security of all such as are lawfully possessed of any negroes or other slaves in these islands, whereby to secure their lawful rights, interest, and property of and to the same;" "an act for prolonging and making some alterations in an act, entitled an act for the attaching the goods or effects of any persous, inhabitants, or others, not residing in these islands ;" a second additional clause to an act, entitled, "an act for vessels paying

powder money." To which (if the act to which they refer have been confirmed by his Majesty) I have no objection to their being passed into law,

March 28, 1724.

RICH. WEST.

(26.) Mr. Lamb's observations on an act of the Carolina Assembly, relative to coins.

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

May it please your Lordships ;

I received your Lordships' commands, signified to me by Mr. Hill's letter of the 9th instant, wherein you are pleased to desire my opinion upon the following act passed in South Carolina, in June 1746, viz: "an act for stamping, emitting, and making current the sum of £210,000 in paper bills of credit, and for ascertaining and preserving the future value thereof, to be lent out at interest on good security at eight per cent. per annum, and for applying the said interest to the purposes thereinafter mentioned, and for exchanging the paper bills of credit in this province, and making them less subject to be counterfeited."

Upon this act I made a report to your Lordships in July 1747, and the several steps that had been taken in relation to this act, prevented my making, at that time, any further observations than are contained in the said report; but as your Lordships are pleased to desire my further opinion upon this act, I must observe, that this act is drawn and worded in so loose and incorrect a manner, that it is with difficulty to be understood what is meant and intended by it, or how it would properly be carried into execution. What I take it to be the in