Cases and Opinions on Constitutional Law: And Various Points of English ... - William Forsyth - Google Books

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CHAPTER XII.

ON THE REVOCATION OF CHARTERS.

(1.) Of Lord Chief Justice Holt, that the King might appoint a Governor

of Maryland, in a case of necessity, notwithstanding an existing

Charter by which Lord Baltimore was appointed Governor

(2.) Of the Law Officers, Sir Edward Northey and Sir S. Harcourt, that

the Queen may resume a Government under a Royal Charter that

had been abused

(3.) Of the Attorney General, Sir Edward Northey, on the Queen's pre-

rogative to receive a surrender of the Pennsylvania Charter

(4.) Of the same Law Officer, on the surrender of the Bahama Charter

(5.) Of the Law Officers, Sir F. Pollock and Sir William Follett, on a

proposed surrender of the Charter of the University of King's College,

in New Brunswick, and the grant of an amended Charter ..

(6.) Of the Law Officers, Sir F. Thesiger and Sir FitzRoy Kelly, as to the

revocation of a Royal Warrant, granting the property of a deceased

person which had devolved upon the Crown

(7.) Of the Law Officers, Sir A. E. Cockburn and Sir R. Bethell, as to

power of the Crown to revoke or accept the surrender of a grant of

separate Quarter Sessions, made under the Municipal Corporations

Act, 5 & 6 Will. 4, c. 76

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Of the Law Officers, Sir Dudley Ryder and Sir John Strange, on the

King's Authority over Guernsey and Jersey

391-393

ON THE NATIONALITY OF A SHIP, AND OTHER MATTERS RELATING TO SHIPS.

(1.) Of the Law Officers, Sir James Marriott and Sir William De Grey, on

the case of an arrest in the Isle of Man on board a ship of war

(2.) Of the King's Advocate, Sir James Marriott, on the right of property

in a vessel derelict in the ocean

(3.) Of the Law Officers, Sir J. Dodson, Sir J. Campbell, and Sir T. Wilde,

on the seizure of a Spanish vessel which had put into a port of

Jamaica in distress with five slaves on board

(4.) Of the United States Attorney General, Mr. Legare, in the case of the

Creole, an American vessel, which, under stress of weather, put

into port at the Bahamas with slaves on board

(5.) Of the Law Officers, Sir J. D. Harding, Sir F. Thesiger, and Sir

FitzRoy Kelly, on the seizure of some French vessels at the Gambia 402

(6.) Of the Law Officers, Sir J. D. Harding, Sir A. E. Cockburn, and Sir

R. Bethell, as to what constitutes loss of nationality in a ship .. 404

(7.) of the same Law Officers, that indemnity for unauthorized seizure of

a foreign vessel in Colonial waters, for contravention of a Conven-

tion between Great Britain and a foreign country, ought to be paid

by Great Britain

(8.) Of the United States Attorney General, Mr. Cushing, on the seizure,

by the French authorities in the port of Marseilles, of seamen on

board an American ship charged with crime

419-420

ON THE POWER OF THE CROWN TO GRANT EXCLUSIVE RIGHTS OF TRADE.

(1.) Of Sir William Jones, Sir F. Winnington, and Mr. J. King, on the

Statute of Monopolies, 21 James 1, c. 3, as to how far an action

would lie, in the Barbadoes Courts, for seizing goods of the African

(2.) Of the Attorney General, Sir Robert Sawyer, concerning interlopers

in the East Indies

(3.) Of Mr. West, Counsel to the Board of Trade, on the question of esta-

blishing British manufactures in France, and on the prerogative of

the Crown to restrain trade

(4.) Of the Attorney General, Sir P. Yorke, relating to English subjects

being engaged in the East India Company of Sweden

(5.) Of Mr. Fane, Counsel to the Board of Trade, on the privileges of the

Russia Company carrying on a trade to America

(6.) Of the Law Officers, Sir Dudley Ryder and Sir John Strange, on an

Act of Georgia about trade with the Indians

(7.) of the Law Officers, Sir Dudley Ryder and Sir William Murray, on a

Petition which had been referred to the Privy Council, praying that

the Petitioners might be incorporated, and that the Crown would

grant to them the property of all the lands they should discover,

settle, and plant in North America, adjoining to Hudson's Bay, not

already occupied and settled by the Hudson's Bay Company, with

the like privileges and royalties as were granted to that Company,

with the right of exclusive trade

c

ON THE WRIT OF HABEAS CORPUS.

Of the Law Officers, Sir J. Campbell and Sir R. M. Rolfe, on certain proceed-

ings relating to the issue of a Writ of Habeas Corpus in Canada 436

ON CERTAIN POINTS RELATING TO CRIMINAL LAW.

(1.) Of the Law Officers, Sir C. Robinson, Sir R. Gifford, and Sir J. S.

Copley, on an application by the United States Government, that

certain proceedings of outlawry in Canada might be revoked

(2.) Of the Law Officers, Sir J. S. Copley and Sir C. Wetherell, on a

Petition presented to the Governor of the Colony of the Cape of

Good Hope containing libellous matter, and as to how far it was

(3.) of the Law Officers, Sir Herbert Jenner, Sir C. Wetherell, and Sir N.

C. Tindal, on a trial of Pirates at Malta; on a jury de medietate, and

right of challenge in that case

(4.) Of the Law Officers, Sir Thomas Denman and Sir W. Horne, on the

right of Slaves to claim benefit of clergy, and degree of certainty

required in an indictment

(5.) Of the Law Officers, Sir William Horne and Sir John Campbell, on

the power of the Crown to grant a Conditional Pardon

(6.) Of the Law Officers, Sir F. Pollock and Sir W. Follett, on the com-

mutation of sentence of Death to Transportation, with consent of

(7.) of the Law Officers, Sir A. E. Cockburn and Sir R. Bethell, that com-

mutation of sentence from Transportation to Imprisonment without

consent of the Convict is illegal

(8.) Of the same Law Officers, that in such a case the original sentence

may be carried into execution

(9.) Of the Law Officers, Sir J. Campbell and Sir R. M. Rolfe, that a

witness admitted to give evidence for the Crown cannot refuse to

answer questions on the ground that his answers may criminate

himself, and that a conviction obtained after such refusal is bad

(10.) Of the same Law Officers, on the illegality of an ordinance passed by

the Governor and Council of Lower Canada, directing certain per-

sons to be transported to Bermuda, and detained there

(11.) Of the Law Officers, Sir J. Jervis and Sir J. Romilly, on the power of

Police Constables to arrest in certain cases without warrant

12.) Of the Law Officers, Sir A. E. Cockburn and Sir R. Bethell, as to the

illegality of the delivery up of Russian Sailors (deserters), and the

conveyance of them back to their ship

(13.) Of the same Law Officers, as to how far 16 & 17 Vict. c. 99, abolish-

ing Transportation in certain cases, is in force in the Colonies

ON MISCELLANEOUS SUBJECTS.

(1.) Letter from the Lord Chancellor, Lord Thurlow, to Sir James

Marriott, King's Advocate, on the necessity of Declaration of War

before hostilities

(2.) Of the Law Officers, Sir J. Harding, Sir A. E. Cockburn, and Sir R.

Bethell, that Her Majesty's mere Declaration of War with a foreign

Power did not place the Ionian Republic in a state of war with

that Power; and that it did not appear to be illegal for an Ionian

to trade with a country with which Great Britain is at war

(3.) Of the same Law Officers, that the Queen can, by her Declaration of

War, place the Ionian Republic in a state of hostility towards

another country

(5.) Of the Attorney General, Sir Charles Pratt, as to the grant of a

Marriage Licence

(6.) Letter from the Lord Chancellor, Lord Thurlow, to Sir James

Marriott, King's Advocate

Case and Joint Opinion of Mr. Edward James, Q.C., and Mr. Fitz-

james Stephen, Q.C., on Martial Law with reference to the Jamaica

Insurrection. 1866

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