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Colonial and State Records of North Carolina
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Letter from Alured Popple to Charles Talbot, Baron Talbot of Hensol and Philip Yorke, Earl of Hardwicke
Popple, Alured, 1699-1744
June 30, 1732
Volume 03, Pages 346-347

[B. P. R. O. North Carolina. B. T. Vol. 21. P. 107.]
SECRETARY POPPLE TO ATTORNy & SOLICr GENl
30 JUNE 1732

To Mr Attorney & Mr Solicitor Genl

Gentlemen,

My Lords Commrs for Trade & Plantations having under their consideration some papers relating to North Carolina upon which they are to make an immediate return command me to send you the inclosed Case and Queries thereon and to desire your opinion thereon as soon as possible.

There may possibly be some Clause in the Act of Parliament passed in the 2d year of His Maj. Reign for establishing an Agreement with

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seven of the Lords Proprietors of Carolina for the surrender of their title and interest of that Province to His Majesty that may affect the foregoing case of which my Lords do not take upon them to judge

I am Gentlemen Your most humble Servant
ALURED POPPLE

Whitehall June 30th 1732.

THE CASE

The Lords Proprietors of Carolina having always appointed Governors of that Province before they made a sale thereof to the Crown those Governors with the consent of the Council & Assembly there passed Laws and have continued so to do ever since the purchase made by the Crown not having notice of the said Purchase.

Qy. Whether any Laws passed after the said purchase by the Proprietors Governor in their names before notice of sale are valid?

Qy. Whether the Laws passed in the Proprietors names after notice of such purchase and before the King appointed a Governor of his own be valid