In pursuance of your Lordships Commands 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 May 1765 I have Perused and Considered the same (Vizt)
1 An Act Confirming the Title of William Day Esquire to certain Lands therein mentioned
This is a Private Act, and there is no Clause therein Suspending the Execution thereof till it has received his Majesty's Approbation, which is contrary to the Express Directions relating to Private Acts, And I must further Observe that, this Act takes away Estates from two Infants Who are Tenants in Tail, Without any Consent appearing of their Guardians or of the Persons in Remainder, and Vests the same in another Person. The Infants Consent alone to Barr such Intail is not sufficient, It may prejudice others who may have a Right in Remainder Subject to their Estate tail in Case of their Deaths, And I am of Opinion for these Reasons that this Act should not be Confirmed.
2 An Act for Establishing an Orthodox Clergy
This Act gives a Power to the Governor and Council, to Suspend any of the Parochial Clergy, that shall be Guilty of any Gross Crime or notorious Immorality, until such time as the Bishop of London shall either Restore or pass Sentence of Deprivation on them by his Notification to the Governor, And Discharges the Payment of the Salary's and Provision belonging to such of the Clergy during the time of their Suspension. I must Submitt to your Lordships how far it is fitting, to place this power in the Governor and Council of Suspending the Clergy, without the knowledge of or Approbation being first had of the Bishop of London, which may Interfere with his Jurisdiction. And if such Suspension should not be well grounded, and such Clergy be Restored by the Bishop, the Loss may be very great to the Clergy, who will Loose the whole of their Salary and Provision during the time of such Suspension, And there is no Provision in the Act for the Cure being Supplied during that time.
3 An Act to impower the Sheriff of Orange County, to Collect a Tax of One Shilling and Sixpence Proclamation Money, laid on the Taxable Persons in the said County by An Act of Assembly of this Province passed in the fourth Year of the Reign of his present Majesty.
4 An Act for Opening and Cutting two Roads from the Ferry on the North West River opposite to Eagles Island in Brunswick County, and other Purposes.
Upon Perusal and Consideration of the before mentioned Acts I have no other Objections thereto than are before mentioned I am