judge proper to bestow upon him." Your Lordships will permit me further to observe, that the assembly, anticipating any resolutions which may be thought proper to be taken upon those queries, which your Lordships have been pleased to send to me concerning the monies collected by virtue of the repealed acts, have inserted into this act a clause to direct the payments of the monies remaing in the hands of the former commissioners, unto the present commissioner, the receiver-general, who is to account for that money in the same manner as he is for what he shall receive in consequence of this act. I have also perused an act for the encouragement of voluntary parties, to suppress rebellious and run-away negroes, and observing only that the parish of Westmorland is excepted, I know not for what reason, from any benefits to be derived from that act, I have no objection to this being passed into a law, July 8, 1719, RICH. WEST. (39.) The opinion of the Attorney and Solicitor-General, Murray and Lloyd, on four acts of the Jamaica Assembly, which, after hearing parties, they deemed of such a nature, as the Governor ought not, according to his instructions, to have passed. To the Right Honorable the Lords Commissioners of Trade and Plantations. May it please your Lordships; In pursuance of your Lordships' commands, signified to us by Mr. Pownall, in his letter of the 30th of October last, transmitting to us four acts lately passed in the island Jamaica; together with an address of the council and assembly to his Majesty thereupon, referred to your Lordships by order of the Lords of the committee of council for plantation affairs, the 10th of September last; and likewise extracts of all such parts of his Majesty's commission and instructions to his Governor of Jamaica, as relate to passing of laws, all which papers are herewith returned and as those acts appeared to your Lordships to be of great importance, and might greatly affect the welfare and interest of that island, and the rights and properties of his Majesty's subjects residing there, desiring our opinion upon them, in point of law, as soon as might be, the titles of which acts are as follows, viz: "an act for removing the several laws, records, books, papers, and writings, belonging to the several offices of secretary of this island, clerk of the supreme court of judicature, clerk of the crown, clerk of the patents and register in chancery, and provost-marshal, from the town of St. Jago de la Vega, to the town of Kingston; and to oblige the several officers to hold and keep their respective offices, with the respective records and papers, in the said town of Kingston; and also for holding the supreme court of judicature in the said town of Kingston for the future;" "an act to appoint commissioners to erect and build a house and offices in the town of Kingston, for the residence of the Governor of this island, and to empower the justices and vestry to assess and levy a tax upon the proprietors of houses and lands, inhabitants and traders in the said town;" "an act, appointing commissioners to inquire into, and state what losses some of the freeholders of messuages and tenements in the town of St. Jago de la Vega, and the lessees of such freeholders, may sustain in the value of their said freeholds or leased premises, by the removal of the supreme court of judicature, and of the public records, from the said town to the town of Kingston;" "an act to enlarge the jurisdiction of the several inferior courts of common pleas" we have taken the said four acts into consideration, and have been attended by counsel for inhabitants, who desired to be heard in opposition to the said acts; and also by Mr. Sharpe, as agent for the said island, and counsel in support thereof, and we are of opinion that they are of such a nature, as the Governor, by his instructions, ought not to have assented to, in the manner in which they are passed. Dec. 27, 1755. W. MURRAY. RICHD. LLOYD. (40.) The opinion of the Attorney and Solicitor-General, Henley and Yorke, that circuit courts in Jamaica conld not be established, in the proposed mode, but by the legislature of the island, or by an act of parliament. Case. By laws heretofore passed in the island of Jamaica, and confirmed by the Crown (a reference to which laws is hereunto annexed), the masters of all ships and vessels are obliged, before they can trade or land any goods, to wait upon the Governor, and give security in the secretary's office at St. Jago de la Vega, not to carry any person off the island without the Governor's ticket, nor depart themselves without the Governor's leave; and the receiver-general and naval officer are obliged to hold and keep their offices at Kingston, It is represented by the merchants, and others, trading to and residing in the island of Jamaica, that the trade and commerce of that island is greatly obstructed, and merchants and masters of ships exposed to great risk and expense, from being obliged, by the above-mentioned laws, to wait upon the Governor at St. Jago de la Vega, before they can unload their ships, and from masters of vessels taking in cargoes at the out-ports, being obliged to come to Kingston to clear out with the proper officers. It is apprehended that the opening ports of entry and clearance of ships in different parts of the island, and directing the receiver-general, secretary, naval officer, and collector of the customs, to keep offices therein, will remedy these inconveniences and grievances complained of. Quære. What will be the legal and proper method of carrying such measure into execution, consistent with the above-mentioned laws of the island, and the acts of parliament passed for regulating the plantation trade, particularly those of the 15th and 25th of Charles II. chap. 7, and 7th and 8th of William III. chap. 22? Upon the consideration of the several laws above-mentioned and referred to, we are of opinion, that his Majesty may open ports of entry and clearance of ships, in such different parts of the island as he thinks proper, and may direct the proper officers to attend for the business of such ports, and to take security there, which, we conceive, will remove the inconveniences and grievances complained of. Case. By laws heretofore passed in the island of Jamaica, and confirmed by the Crown (a reference to which laws is hereunto annexed,) the supreme court of judicature, and most of the offices of record, are directed to be held and kept at the town of St. Jago de la Vega. It is represented by the merchants, and others, trading to and residing in the island of Jamaica, that the trade and commerce of that island is greatly obstructed, and merchants and masters of ships exposed to great risk and expense, from being obliged, by the abovementioned laws, to attend the supreme court there, either as prosecutors in suits which they may have depending therein, or as jurors. It is apprehended that the establishing of circuit. courts in the several parishes and districts of the island, will remedy these inconveniences and grievances complained of. Qare. What will be the legal and proper method of carrying such measure into execution, and how far is the law passed in the island of Jamaica, on the 14th of December, 1751, entitled "an act appointing commis-· sioners of nisi prius, and enlarging the jurisdiction of justices of the peace in matters of debt," a copy of which law is hereunto annexed, adapted to the remedy proposed? We are of opinion that circuit courts cannot be established in the manner proposed, but by an act of the legislature in Jamaica, or by the parliament of Great Britain; and we are also of opinion, that the act of the 14th of December, 1751, a copy of which (inter alia) was sent us, and is hereto annexed and returned, is not adapted to the intended purpose, but is very imperfect, undigested and defective: but to form a plan for such a law, the divisions of the intended counties must be settled by persons well acquainted with that island, as a necessary foundation to proceed upon. May 18, 1757. ROBT. HENLEY. (41.) The opinion of the Attorney and SolicitorGeneral, Ryder and Murray, how far an act of Assembly ought to be repealed, which would endanger the rights |