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Colonial and State Records of North Carolina
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Memorandum by Charles Talbot, Baron Talbot of Hensol and Philip Yorke, Earl of Hardwicke concerning North and South Carolina laws
Hardwicke, Philip Yorke, Earl of, 1690-1764; Talbot, Charles Talbot, Baron, 1685-1737
August 11, 1732
Volume 03, Page 350

-------------------- page 350 --------------------
[B. P. R. O. South Carolina. B. T. Vol. 5. D. 41.]
Mr ATTORNEY & Mr SOLICITOR'S GENl REPORT UPON QUERIES RELATING TO THE VALIDITY OF LAWS PASSED IN NORTH & SOUTH CAROLINA

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 even 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 Propriety Governors in their names before notice of the sale are valid?

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

We are of opinion that Laws passed by Governors appointed by the Lords Proprs & in their names after the sale and before notice arrived in the Province are of the same validity as such Laws would have been if they had been passed in like manner before such sale But that any Laws passed in the Proprs names after notice of their having conveyed their interest to the Crown are absolutely null and void.

P. YORKE
C. TALBOT.

11th August 1732.