MARTIAL LAW, 188-216.

distinction between military and martial law, 208–210.

definitions of martial law, 210, 211.

Geoffroy's case, in France, Appendix.

argument of Mr. Dudley Field in McCardle's case, Appendix.

opinion of Mr. James, Q.C., and Mr. Fitzjames Stephen, Q.C., on Martial

Law, with reference to the Jamaica Insurrection, Appendix.

MAURITIUS, charter of justice not to be at variance with terms of capitulation by
which island acquired, 7.

on appointment of magistrates in, 10.

MERCHANT SHIPPING ACT (17 & 18 Vict. c. 104, s. 207), 234.

damages in case of collision between foreign and British vessel on high seas,
251.

MILITARY. See SOLDIERS.

MISSIONARIES, appointment of, in Prince Edward's Island, 54.

MONOPOLIES, doubtful whether stat. 21 Jac. 1, c. 3, extends to the plantations,

421.

MURDER on the high seas, 117.

committed in foreign territory, 235.

persons guilty of, in the colonies, may be tried under a commiisson issued
into any county in England, 235.

NAPOLEON BONAPARTE, question of his liability, in case of accidental homicide at
St. Helena, submitted to Law Officers, 236 (note).

project for bringing him ashore from on board the Bellerophon by a writ of
habeas corpus ad testificandum, 441.

NATURALIZATION, effect of, 329, 340.

in the colonies, 340.

NAVAL COURTS MARTIAL, 193.

NE EXEAT REGNO, writ of, 164-166, 180.

NEWFOUNDLAND, as to sealing of election writs for House of Assembly, 7.

capital crimes committed in, may be tried in England, 235.
question of disqualification to sit in House of Assembly, 9.

ORANGE RIVER TERRITORY, Sovereignty over, abandoned by Crown, 184, 185.

PALMER, SIR ROUNDELL, his opinion on the case of the Bishop of Natal, 59–61.
on the meaning and effect of stat. 4 Geo. 2, c. 21, and 13 Geo. 3, c. 21, as
regards double allegiance, 339.

PARDON by proclamation, 113.

conditional, 459.

PERSONAL DISABILITY, 241.

statutes creating, 247.

PETITION OF RIGHT, commissions of martial law declared illegal by, 207, 208.
PIRACY, pardon of, by proclamation, 113..

definition of, 11, 116.

whether rebels can be treated as pirates, 117.

statute 11 & 12 Will. 3, c. 7, for suppression of, does not extend to cases of
murder, 115, 116.

PIRACY: statute 28 Hen. 8, c. 15, "For Pirates," extends to murder on the high

seas, 115.

slave-trading created piracy by statute 4 Geo. 4, c. 113, 117.

attainder of, does not work corruption of blood, 117, 118.

not an offence at common law, ib.

not thought disreputable by the ancients, 118.

whether pirates entitled to be tried by a jury de medietate, 117, 455-7.
PLANTATIONS, meaning of the term. "British plantations in America," in statute
5 Geo. 2, c. 7, include the West Indies, 63.

PLATEN-HALLEMUND, COUNT, case of, whether he became a Prussian subject by
seizure of Hanover by Prussia, 335.

POLITICAL FUGITIVES not to be surrendered, 371.

PREROGATIVE. See CROWN.

PRIVILEGED COMMUNICATION in case of public officers, 86, 454.

PROCLAMATIONS, legal effect of, 180 (note). ·

PUBLIC OFFICERS, actions against, 85.

QUO WARRANTO for declaring charters of City of London forfeited, 387.

REAL PROPERTY governed by lex loci rei sitæ, 248.

REBEL in arms may be killed as a foreign enemy, 212.

REVENUE, Statutes relating to, as affecting contracts, 241.
REVOCATION OF CHARTERS, 380-389.

ROMAN CATHOLIC priests in the colonies, 35.

bishops in Canada, appointment of, 49, 51.

college in Prince Edward's Island, incorporation of, 51.

ST. HELENA, power of colonial legislature to enable foreigner to hold land there, 11.
SCIRE FACIAS to repeal grants or charters from the Crown, 387.

SENTRY, when justified in firing, 216.

SHIPS, nationality of, 394-420.

privilege of ships of war, 394.

derelict in ocean, right of property in, 395.

jurisdiction over, when driven into foreign port by stress of weather, 400.

what constitutes loss of nationality in, 404.

jurisdiction over crimes committed on board of, 235, 407-419, 420.

territorial character of, 419, 420.

SLAVES, compensation for, legal assets, 63.

escaping to a free soil, 145 (note), 223, 326.

contract for sale and purchase of, by British subjects, when legal, 241.

whether "liberated African" becomes a British subject, 332.
escaping by means of horse or boat, where no animus furandi, 370.
on their right to claim benefit of clergy, 457.

SOLDIERS, authority of, to take away life in suppression of riot, 194.
duty of, 214.

do not cease to be citizens, 195.

STATUTES applicable to the colonies, 18–20.
SUPERINTENDENT of trade in China, 232.

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

SYNODS of dissenting ministers, 36, 62.

TAXATION OF COLONIES, theoretical power of Parliament as to, 21.

THURLOW, LORD, his opinion as to power of Crown to cede territory, 183.

TRADE, power of Crown to grant exclusive rights of, 421-435.

TREASURE TROVE the property of the Crown, 161, 178.

old Hindoo law respecting, 178.

TREATIES, cession of territory by treaties of peace, 182-6.

how far subjects parties to treaties, 182.

necessary for establishment of British courts of justice in foreign States, 231.
TRIAL, no Colonial Court has power to send to England for trial a person charged
with offence in colony, 230.

UNITED STATES, whether persons born in the King's allegiance, and remaining in
the United States, after the acknowledgment of their independence, were
aliens or subjects, 324, 336.

USURY, how affected by lex fori, 250.

VESSELS. See SHIPS.

VICE-ADMIRALTY. See ADMIRALTY.

jurisdiction of courts of, in colonies, 91, 94.

question of jurisdiction between them and the colonial courts at Cape of Good
Hope, 95, 96.

Supreme Court of Newfoundland cannot exercise Vice-Admiralty jurisdiction
out of term, 97.

power of Crown to issue commissions for trial of offences in maritime courts,
97, 98.

courts of, regulated by statute 26 & 27 Vict. c. 24, and 30 & 31 Vict. c. 45,
116.

WAR, declaration of, 471, 472.

rights of, 478.

WARRANT, where arrest made without warrant justifiable, 466-7.

revocation of royal warrant granting property of deceased person, 385.

WASTE LANDS in colonies, grants by the Crown of, 175.

WILD CATTLE included in grant or demise by Crown of lands in a colony, 176.

WILLS of personalty governed by law of domicile, but of realty by lex loci rei

sitæ, 248.

WITNESS admitted to give evidence for the Crown refusing to criminate him-
self, 464.

WRIT of de vi laicâ removendâ, 62.

of habeas corpus. See HABEAS CORPUS.

of intrusion, 81.

of ne exeat regno, 164–166.

of scire facias, 387.

LONDON: PRINTED BY WILLIAM CLOWES AND SONS, STAMFORD STREET AND CHARING CROSS.

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