Page images
PDF
EPUB

INDEX.

Acts Of Parliament, extension of, to the colonies, 2, 3, 18, 19.

paramount authority of, in colonies, 21.
Acts Of State, Governor of colony not liable for acts done in his political
capacity, 86.

Administration, Letters of, effect of, in the colonies, 43, 63.
Admibaltt (see Vice-admiralty) Courts, their origin, 90.

their jurisdiction in the colonies, 91.

not included in original charter of the Bahamas, 94.

seizure at sea by a non-commissioned ship a perquisite of the Admiralty, 93.
on the constitution, authority, and powers of the Court of Admiralty in Ire-
land, 99-108, 109.
on the office of Lord High Admiral, 110.

jurisdiction of, in cases of piracy, 111; of murder on the high seas, 115;
trial in colonies of offences committed within jurisdiction of, 227.
"Alabama," the case of the, 238.
Alien Acts temporary in their nature, 181.
Aliens, status of, in colonies, 22.

may have dignity of knight conferred upon them, 329.

may be empowered by colonial legislatures to hold offices of trust, 330.

effects of marriage upon status of, 340.
Allegiance, 252; indefeasible, 333; correlative with protection, 331.

cannot be released by prerogative of Crown, 186.

question of double allegiance, 324, 337-9.

effect of cession of territory upon, 327, 328.
Ambassador cannot exercise criminal jurisdiction, 217.

Anderson's Case, fugitive slave killing person who attempted to arrest him, 373.
Appeals from the colonies, 375-9.

in civil cases, 378.

in criminal cases, 378-9.
Aesest, in what cases justifiable without warrant, 466-7.
Assembly, House Of, in the colonies has not same privileges and powers as
English House of Commons, 6, 25, 26.

Bahamas, treasure trove in, the property of the Crown, 161.

charter of, did not entitle the proprietors to Admiralty jurisdiction, 94.
Barbarous Countries, law introduced by Englishmen settling there, 20.

extra-torritorial jurisdiction in, 231.

Benefices, right of presentation to, in Virginia, 42.

duties of governor and bishop of a colony in collating and instituting to, 48.

patronage of, in Prince Edward's Island, 54.
Bills Of Exchange as affected by lex loci or lex fori, 242, 243.
Bishop, duties of, as to collating and instituting to benefices in colony, 48.

appointment of Suffragan Bishop of Montreal, 50.

jurisdiction of, in the colonies, 52-3, 55-62.
Blockade by naval commander, justification of, 82.
Brougham, Lord, his application to be naturalized in France, 337.

Cape Breton, constitution of, changed, 388.
Capitulation, terms of, should be observed, 7.
Cases relating to colonies, 28-9.

Cession of territory, whether power to make is part of prerogative of the Crown,
182-187.

Challenge of jurymen, when to be made, 456, 457.
Channel Fisheries, opinion on, 343.
Channel Islands, governors of, impeached, 89.
history and constitution of, 390-393.

opinion on the jurisdiction of the Royal Court of Jersey, 343.
Charters, revocation of, 380-389.

surrender of, 383.
China, treaty with, as to criminals, 374.
Church Of England. See Clergy.
Clergy, convocation of, in the colonies, 36.

status of, in the colonies, 52.
Coast, meaning of term, 176.
Coins, colonial gold coins a legal tender, 22.

Coleridge, Sir John, his opinion on the case of the Bishop of Natal, 59-6I.
Colonial Acts, confirmation and disallowance of, 29,30.
Colonial Constitutions, 27.

Colonial Judgments, actions brought on, in this country, 34.

Colonial Laws, validity of, 23.

Colonial Legislatures. See Assembly, House Of.

powers of, regulated by Acts of Parliament, 24.

extent of jurisdiction of, 24.

when appointed by authority of the Crown, 28.
Colonies, law applicable to, 1-34.

cases relating to, 28, 29.

legislatures by authority of Crown, 28.

letters of administration in, 63.

modes and dates of acquisition, 26.
Commission of Governor, how affected by demise of Crown, 72.
Commitment, when terms of must be special, 373.
Commutation Of Sentence, consent of convict required, 461, 462.

if he refuses, original sentence may be carried out, 463.
Conditional Pardon, power of Crown to grant, 459, 460.
Contracts, governed by lex loci, 239.

where illegal by lex loci, 240, 242.
Convocations of clergy in the colonies, 36.
Copyright extended to colonies by statute 5 & 6 Vict. c. 45, 22.
Courts Of Justice, prerogative of Crown as to erection of, 168, 169,170, 172.
Courts Martial, naval, 193.

proceedings by, 214.
Crimes governed by lex loci, 248.
Criminal Courts in the colonies, 167.
Criminal Law, on certain points relating to, 453-470.

Ceown, right of, to lands on Delaware Bay, 119; to woods in province of Maine,
130; to waste lands in New Hampshire, 133, 145.
power of, to alter tenure of lands in Canada, 153.
right of, with respect to wild lands, 156.
to treasure trove, 161,178.

to mines of gold and silver in colonies, 158, 159, 177.
to royal fish, 161,178.
construction of grants by, 175.

effect of saving clause in Act of Parliament upon rights of, 176.
power of, to cede territory to foreign Powers, 182-186.
as to rights of trade, 421-435.

Deane, Dr., his opinion on the case of the Bishop of Natal, 59-61.
Declaration Op War, question of necessity of, 471, 472.
Deputy, appointment of, 83.
Dissenting Ministers, synods of, in colonies, 36.

marriage performed by, in colonies, 46.
Divorce, generally governed by law of domicile, 248.
Domicile, essentials of contract of marriage depend on the lex domicilii, 246.

in cases of divorce, 248.
Droit D'aubaine, 177.
Dunkirk, sale of, by Charles H., 184.

East Indies, legislative authority in, 30, 31.

ecclesiastical authority in, 62, 63.

chronological precis of events in, 32-34.

power of Crown to vary limits of dioceses in, 63.

jurisdiction over offences committed in, 88.

escheats in, 176-7; mines in, 177.

cession of territory in, 185.

power to establish martial law in, 211.

appeals in criminal cases, 378.
Ecclesiastical Law applicable to colonies, 35-63. See Benefices, Bishop,
Clergy.

Escheats in the colonies, 156, 157; in the East Indies, 177.
Extradition, 341-374.

opinions of United States Attorney Generals on subject, 342, 344-366.

treaties of, to be carried into effect by Act of Parliament, 369.

various treaties, 372.
Extra-territorial Jurisdiction, 217-238.

Falkland Islands, Crown empowered to legislate for, 20.
Felo De Se, grant of felons' goods does not extend to, 162, 179; effect of this
crime, 179.

Felons' Goods, what passes by grant of, and what not, 162-3.

Ferry, as to power of Government of Canada to grant exclusive right of, between

that province and the United States, 73.
Fish, Botal, right of Crown to, in the colonies, 161.
Fisheries in the Channel, 343.

Foreign Country acquired by subject is vested in Crown, 20.

Foreign Courts acting perversely, 242.

Foreign Enlistment Act, opinion of Law Officers on, 221.

case of the Alabama, 238.
Foreigners invading British dominions guilty of high treason, 199.

Parliament cannot legislate for, 238.
Foreign Jurisdiction Act, 232.
Foreign States, offences against, 233, 236.
Foreign "vessels, as to illegal acts committed on board, 227, 228.
France, whether King of, had power to alienate French territory, 182.

Girraltar, jurisdiction outside gates of, 224-5.
Governors Of Colonies, trial of, for misdemeanor, 64.

effect of demise of Crown on, 65, 71, 72, 82.

whether they can vote as councillors, 66.

devolution of authority of, 68, 79.

power of, to revoke assignment of convict, 69; to grant a conditional pardon,
75, 76; to suspend a colonial officer appointed by Order in Council, 70; to
remove judges and other officers, 81.

concurrence of council with, necessary in granting leave of absence to public
officers, 74.

power of pardon not vested in Superintendent of Honduras, 77.

"governor in council," meaning of, 78.

"governor," meaning of, 81.

power to grant waste lands, 81.

appointment of deputy, 83.

civil liability of, 84, 85.

not liable for act of state, 86; criminal liability of, 86, 88.
Grants. See Crown.

void for uncertainty, 151.

by Crown, construction of, 175.
Grenada, constitution of, 16, 17 (note).
Guernsey. See Channel Islands.

Hareas Corpus, writ of, 436-452.

origin of the Act of, 438.

how writ obtained, 444.

return to writ, 445.

false return, 448.

no return, 451.

where the writ runs, 452.
Hanover, effect of seizure by Prussia on allegiance of inhabitants, 335.
High Seas, murder committed on, 113-116, 218.

jurisdiction over offence committed by British subject on board an American
ship, 374.

seizure on, by a non-commissioned vessel, 93.
Honduras, nature of settlement, 29; superintendent of, 77.

Hudson's Bat Company, its charter petitioned against, 388.
Opinions of law officers as to charter, 432, 434-5.

Indemnity, Acts of, 212, 213.
Indictment, certainty required in, 457.

Ionian Repurlic, declaration of war by England did not necessarily involve the
Ionian Islands in war, 472.

Jamaica, constitution of, abolished, 28.
Jersey. See Channel Islands.

opinion on the jurisdiction of the Royal Court of, 343.
Jus Alrinaoii, 177.
Jus Postliminii, 144 (note).

Eoszta's Case, question of naturalization, 338.

Lands In The Colonies. Right of Crown to lands on Delaware Bay, 119-30.
grant of lands in Carolina, 149.
wild lands dealt with by Crown, 156.

Statute 15 & 16 Vict. c. 39, to remove doubts as to lands and casual revenues
of Crown in the colonies, 174-5.
Legislature, Colonial, extent of jurisdiction of, 24.
Letters Of Administration, effect of, in colonies, 43, 63.
Lex Et Consuetudo Parliamenti not applicable to colonial legislatures, 25.
Lex Forl See Lex Loci and Lex Forl

Lex Loci and Lex Fori, 239-251. Where contract illegal by, 240.
bills of exchange, 242.

where place of execution different from place where contract made, 243.
discharge of liability on contract, 244.
as to marriage, 244.

statutes creating personal disability, 247.
as to divorce, 248.
as to wills, 248.
as to crimes, 248.
as to real property, 248.
where lex loci and lex fori conflict, 250.
Lirel against foreign sovereigns, 236.

Limitation Statutes in foreign countries, effect on contracts when sued upon
in this country, 244.
part of the lex fori, 249.
Loughborough, Lord, his opinion as to power of Crown to cede territory, 183.

Magistrates, duty of, in case of riots, 214.
Marriage by chaplain of British forces, 18.

by dissenting minister in colony, 46.

of alien woman with British subject, 329, 340.

opinion of Sir Charles Pratt (Earl Camden) as to grant of a marriage licence,
479.

Marriage Acts not in force in colonies, 19.
depends upon lex loci, 244-246.
where domicile changed during, 247.

« PreviousContinue »