by the laws of Barbadoes, a deed registered in that plantation (where common recoveries are not suffered) will be as effectual a bar as an act of assembly, but Mr. Blackman, living here, hath been advised that an act of assembly will give most satisfaction to a purchaser. EWD. NORTHey.

7th October, 1715.

(12.) The opinin of the Solicitor General Thomson, on the same subject.

Sir:

In obedience to the commands of the Lords Commissioners of Trade and Plantations, signified by yours of the 4th instant, I have considered the act to dock the entail of certain lands in the parish of Chrish Church, in Barbadoes, and of several negroes thereon, and of land in the town of St. Michael, and to vest the land and negroes in Christchurch, in Alice Tickle, spinster, and the land in the town of St. Michael, in Francis Jemmott, his heirs and assigns for ever; and I am humbly of opinion that the act is very proper, and is only to supply the place of fines and recoveries, by which, according to the law of England, these parties in whom the fee simple of these estates are now vested, might, if the estates were in England, have effectually settled it, as by this act, and barred all remainders; so I cannot think there is any objection to the passing this act.

26th September, 1717.

WM. THOMSON.

(13.) The opinion of the Attorney General Northey, on the same subject.

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

May it please your Lordships;

In obedience to your Lordships' commands, signified to me by Mr. Popple, I have considered of an act passed at Barbadoes, intitled "an act to dock the entail limited on a certain plantation situate in the parishes of St. Peters and St. Andrews, in this island, and to enable George Nicholas Esq., and Susannah his wife, to mortgage or sell the same, with the negroes thereto belonging;" and I do humbly certify your Lordships, that I have no objection against the said act being confirmed by his Majesty, the intent of the said act being only to bar an entail for the satisfaction of purchasers, which I am of opinion might have been done without the said act.

July 27th, 1717.

EWD. NORTHEY.

(14.) The opinion of the Solicitor General, J. F. Aland, on the same subject.

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

May it please your Lordships;

In obedience to your Lordships' commands, signified to me by letter from Mr. Popple, transmitting to me an act passed in Barbadoes the thirty-first of May, 1716, intitled "an act to dock the entail limited on a certain plantation situate in the parish of St. Michael, and to enable Thomas Somers Esq., to sell the same, with the negro slaves thereunto belonging," and requiring my opinion thereon, in point of law: I have considered of the said act, and am humbly of opinion, that the said Thomas Somers being seised of an estate tail, in the said plantation and negroes, with the reversion in fee expectant thereon, to himself, the passing of an act to dock

that entail, and to vest the estate in fee simple, to pay his debts, and to make provision for his family, is just and reasonable, and no more than what is done constantly in England, by fine and recovery; and acts of the like nature have been often passed in Barbadoes.

10th October, 1716.

J. F. ALAND.

(15.) The opinion of the Attorney and Solicitor General, Yorke and Talbot, that no fine levied, or recovery suffered, [in England], of lands lying in the plantations, can operate effectually, unless the same has been so authorized by acts of assembly in the colonies.

We are of opinion, that no fine levied, or recovery suf fered, here, of lands lying in any of the plantations, can bar the entail of such lands, unless the particular laws or acts of assembly of the plantation where the lands lie, have provided that fines or recoveries, levied or suffered in England, of lands there, shall have that effect; and in that case, the force of such fines or recoveries, depends upon such particular laws or acts of assemblies, and must be regulated by them.

.

15th Dec. 1730.

P. YORKE.

C. TALBOT.

(16.) The opinion of the Attorney General Northey, on the right of appeal from the colonial courts.

Sir;

By order of the Lords Commissioners for Trade and Plantations, I send you the enclosed extract of a letter from Mr. Lowther, Governor of Barbadoes, upon consideration whereof, their Lordships desire your opinion, as soon as may be, upon this following quare, viz :

Quare. Whether an appeal can, or ought to be brought,

from the Court of Exchequer in Barbadoes, to the governor and couucil there, as a court of chancery.

July 15th, 1713.

WM. POPPLE.

I am of opinion the Governor, by virtue of his instructions, is to admit appeals as well from the court of exchequer as from other courts in the island of Barbadoes to the governor and council there, and this plainly was the intent of the governor's instructions, no appeal being directed to be allowed from any court to her Majesty, but from the court of chancery, which would have been provided for, to have been from the court of exchequer to her Majesty, if an appeal had not been intended to be first in the chancery.

16th February, 1713.

EDW. NORTHEY.

(17) The opinion of the same lawyer, on the same topics.

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

My Lords;

In obedience of your Lordships' commands, signified to me by Mr. Popple, I have considered of the petition of William Cockburn Esq., whereby he represents to your Lordships that he, being appointed by the the Lord Archibald Hamilton, late Governor of Jamaica, to exercise the office of secretary and clerk of the enrolment there (Mr. Page, who was the deputy of Mr. Congreve, who had those offices by patent, voluntarily absenting himself from that island) did execute the same from the 9th of March, till the 6th of August, 1716, when he was removed by Mr. Haywood, the succeeding Governor of the said plantation. And thereupon a bill

was brought against the petitioner by Mr. Beckford, who was appointed by the said Mr. Congreve to be his deputy, upon the death or absence of the said Mr. Page, and a decree was given against him in Jamaica for more money, as the profits of the said office, than he received during the time that he executed the same, without making any allowance to him for the execution of the said offices; against which decree the Governor cannot, by his instructions, allow an appeal, the demand being under the value of five hundred pounds sterling: humbly praying that his Majesty would be pleased, for the relief of the petioner, to give directions for re-hearing of his cause, and the doing therein what to justice shall appertain.

And I do most humbly certify your Lordships, that the petition is unadvisedly framed, for that his Majesty cannot, by law, give a direction to any court to rehear any cause depending therein, but rehearings are granted, or denied, by courts of equity, on petition of the parties grieved, to such court as shall be judged

proper.

And as to the instructions given to the Governor mentioned in the petition, whereby he is restrained from allowing an appeal in any case under the value of £500 sterling, that does restrain the Governer only from granting of appeals under that value, notwithstanding which, it is in his Majesty's power, upon a petition, to allow an appeal in cases of any value where he shall think fit, and such appeals have been often allowed by his Majesty; but I think the reference to your Lordships in that matter is improper, for petitions for appeal from decrees given in the plantations, have been always refered to a committee of the council for hearing the