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Colonial and State Records of North Carolina
Memorial from William Smith concerning North Carolina laws
Smith, William, d. 1743
July 13, 1732
Volume 03, Pages 347-348

[B. P. R. O. B. T. North Carolina. Vol. 9. A. 24.]
[Recd & Read 13 July 1732 .]

To the Rt. Honble the Lords Com̄issrs for Trade and Plantations

The Humble Representation of William Smith Esqre Chief Justice and Chief Baron of the Province of North Carolina in America concerning the present state of the Laws of the sd Province

That the said William Smith being ready to depart for the said Province in order to take upon him the execution of his said respective offices has first thought it his duty to lay before your Lordships the present state of the laws of that Province to the end that your Lordships might be pleased to remove some of the difficulties (wch in the sd Smith's humble opinion) obstruct his putting the said Laws in execution for the reasons following Vizt

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That in the 76th Article of the Fundamental Constitutions of the late Lords Proprs of the sd Province It is Ordain'd that no Act or Order of Parliament shall be of any force unless it be ratified in open Parliamt during the same Sessions by the Palatine or Deputy and three more the Lords Proprietors or their Deputies And then not to continue longer in force but until the next biennial Parliamt unless in the mean time it be ratifyed under the hands & seals of the Palatine himself & three more of the Lords Proprietors themselves and by their orders published at the next Biennial Parliament.

That in the year 1707 there were further orders from the said Lords Proprietors corroborating the aforesd 76th Article that no law should be of force longer than two years unless confirmed by them.

That by the 12th Article of their said Lordships Instructions to Sir Richard Everard their late and last Governr dated the 17th of April 1725 they thought fit even to abridge that length of time and to make the continuation of the laws of that Province but for one year unless confirmed by the sd Lords Proprs

That ever since the establishment of the said several Constitutions by the said Lords Proprietors as before mentioned they have been only six several Laws or Statutes of the said Province duely confirmed in pursuance of the said Constitutions Wherefore the said William Smith humbly submits himself to your Lordships for your directions how to act in relation to those Laws which have from time to time been made in the said Province but have not as yet received a due confirmation conformable to the several limitations of the aforesd articles And humbly prays Your Lordsps to take the same into consideration & to give him instructions accordingly that so he may be enabled to administer justice to all parties with Honor to His Majesty & safety to himself

And your Memorialist shall ever pray &c.