To the Bd of Trade
In pursuance of Your Lordships Comands Signified to me by Mr Pownall's Letter Wherein you are Pleased to Desire my Opinion in Point of Law upon the following Acts Passed in North Carolina in November 1764. I have perused and Considered the same Vizt
1 An Act to Regulate the Pilotage of Cape Fear River and for other purposes
2 An Act for Continuing and Amending An Act Intitled An Act directing the Method of Appointing Jurymen in all Causes Criminal and Civil
3 An Act to Amend and Continue An Act Intitled An Act for dividing this Province into five several Districts and for Establishing a Superior Court of Justice in each of the said Districts and Regulating the proceedings therein
4 An Act to Amend and Continue An Act Intitled An Act to Establish Inferior Courts of Pleas and Quarter Sessions in the Severall Counties in this province.
5 An Act for Enlarging the time for Saving Lotts in the Town of Halifax and other purposes
6 An Act for Regulating Proceedings in the Court held for the Borough of Wilmington.
7 An Act for the Relief of Abraham Jones Esqre former Sheriff of Edgcomb County.
8 An Act to Encourage and Impower William Dry to make a Publick Road through the Great Island opposite to the Borough of Wilmington.
9 An Act to Prevent Hunting for and Killing Deer in the manner therein mentioned.
10 An Act to Amend An Act therein mentioned concerning servants and Slaves.
11 An Act to increase the Salary of the Reverend Thomas Burges Minister of Edgcomb Parish in the County of Halifax
12 An Act for altering the Boundary line between the counties of Northampton and Hertford.
13 An Act to Prevent the Unreasonable Destruction of Fish in the Rivers Meeherin Peedee and Catawba
14 An Act to confirm the Vestry already chosen for the Parish of St John in the county of Bute and to Enable the Freeholders of the Parishes within the Counties of Pasquotank Anson and Currituck to Elect Vestries.
15 An Act to continue An Act therein Mentioned
16 An Act to prevent the Exportation of Unmerchantable Comodities
17 An Act for rendering more Effectual the Laws making Lands and other Rent Estates Liable to the payment of Debts.
This last Act Recites part of the Act of Parliament of the 5th Year of King George the Second, Intitled An Act for the more easy Recovery of Debts in his Majestys Plantations and Colonies in America, By which Act Real Estates are made liable to the payment of Debts, and Declares the same shall be Assetts for the satisfaction thereof in Like Manner as Real Estates are by the Law of England Liable to the satisfaction of Debts due by Bond or other specialty, and Directs the manner of Proceeding for Raising and Satisfying the same; Notwithstanding which, This Act Recites, That it hath been of late doubted, Whether Sales of Estates made for Satisfaction of Debts under the Directions of the said Act of Parliament, are well and sufficiently Warranted thereby. And therefore Enacts Divers other matters and makes some Alterations, And particularly, that no Real Estate shall be Subject to the payment of any Debts or Demands, Unless the same shall be Sued for within Five years after the passing this Act, or the Death of the Person chargeable therewith, I Apprehend this Province should have followed the Directions of the said Act of Parliament, in which they are Included, as all his Majesty's Plantations and Colonies in America are, And that the same would have fully Answered the purpose intended by it, And that they should not by any Act of their own, attempt to Vary or Alter any part thereof, And am therefore of Opinion this Act should not be Confirmed.
Upon Perusal and Consideration of the before mentioned Acts, I have no other Objections thereto in point of Law than are before mentioned, and am