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obliging and ready assistance; also to Mr. Kingston, of the Record Office, for the very efficient aid he gave me in searching the manuscripts there; to my friend, Sir Travers Twiss, the Queen's Advocate, for the loan of two curious manuscript volumes which formerly belonged to Sir James Marriott, and of which I have made considerable use; and to my friend, Mr. Rothery, Chief Registrar of the Court of Admiralty, for two valuable manuscript Opinions.

I thought it right to obtain the consent of such Ex Law Officers as are still living before I made use of their Opinions; and I am happy to say that, except in two cases where 1 had no answer, I received the fullest and most unreserved permission to do so. And why should such Opinions not be published, provided they are of sufficiently late date to avoid questions at issue or in controversy now?

In the United States the Opinions of the Attorney Generals are published in eleven volumes, down even to the last two or three years; and surely no possible harm can ensue, but on the contrary much good may result, from knowing what the opinions have been, upon questions of Constitutional Law and public interest, of some of the greatest lawyers who have ever lived.

For reasons which will be easily understood, it was not thought expedient to publish Opinions of the Law Officers of a later date than 1856, or thereabouts; and my chief regret for this is, that I have thus been obliged to exclude the official Opinions of that distinguished lawyer and jurist, Sir Roundell Palmer. I hope that the Notes will be found useful, as I have endeavoured to bring down the law on each subject to the latest possible date.

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CONTENTS.

CHAPTER L

On The Common Law And Statute Law Applicable To The Colonies.

OPINIONS.

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(1.) Of Mr. West, Counsel to the Board of Trade, that the Common Law

of England is the Common Law of the Colonies .. .. .. 1

(2.) Of the Law Officers, Sir Charles Pratt and Hon. Charles Yorke, that

English Subjects carry with them English Laws .. .. .. 1

(3.) Of the Attorney General, Sir Philip Yorke, as to the extension of the

Statute Law to a Colony .. .. .. .. .. 2

(4.) Of the Law Officers, Sir Robert Henley and Hon. Charles Yorke, as to

how far subjects emigrating carry with them the Statute Law .. 2

(5.) Of the Law Officers, Sir William De Grey and Sir Edward Willes, on

the extension of Acts of Parliament to the Colonies, when they are

mentioned generally as dominions of the Crown .. .. .. 3

(6.) Of the Law Officers, Sir Christopher Robinson, Sir William Garrow,

and Sir Samuel Shepherd, as to the powers of Government vested in

the Crown with respect to the Colony of Berbice .. .. .. 4

(7.) Of the Law Officers, Sir James Scarlett and Sir N. C. Tindal, on

certain inquisitorial powers claimed by the House of Assembly in

Antigua .. .. .. .. .. .. .. .. .. 6

^8.) Of the Law Officers, Sir William Home and Sir John Campbell, as to

provisions of Charter of Justice not being at variance with Terms of

Capitulation in the Mauritius .. .. .. .. .. .. 7

(9.) Of the Law Officers, Sir John Campbell and Sir R.M. Rolfe,as to seal-

ing of writs issued for election of House of Assembly in Newfoundland 7

(10.) Of the same Law Officers, as to power of the Queen in Council to maue

Laws for South Australia .. .. .. .. .. .. 8

(11.) Of the same Law Officers, as to question of disqualification to sit in

the House of Assembly in Newfoundland .. .. .. .. 9

(12.) Of the Law Officers, Sir John Campbell and Sir Thomas Wilde, on the

appointment of Magistrates in the Mauritius .. .. .. 10

(13.) Of the Law Officers, Sir A. E. Cockburn and Sir Richard Bethell, on

the power of the Legislature of St. Helena to pass an Ordinance con-

ferring on a Foreigner power to hold Land in St. Helena .. .. 11

NOTES 12-34

CHAPTER H.

On The Ecclesiastical Law Applicable To The Colonies.

OPINIONS.

PAGE

(1.) Of the Attorney General, Sir Edward Northey, as to Roman Catholic

Priests in the Colonies .. .. .. .. .. .. 35

(2.) Of the Law Officers, Sir Philip Yorke and Sir Clement Wearg, on Con-

vocations or Synods of the Clergy or Dissenting Ministers in New

England .. .. .. .. .. .. .. .. 36

(3.) Of the Attorney General, Sir Edward Northey, on the right of presen-

tation to benefices in Virginia .. .. .. .. .. 42

(4.) Of the Attorney General, Sir Edward Northey, on the granting of

Letters of Administration on the same Estate both in England and

the Colonies .. .. .. .. .. .. .. .. 43

(5.) Observations by the KiDg's Advocate, Sir James Marriott, on enforcing

residence at a living in Barbadoes in the case of the Rev. Mr. Bar-

nard .. " „ .. .. .. .. .. .. 44

(6.) Opinion of the King's Advocate, Sir Christopher Robinson, on a

Marriage performed by a Methodist Minister in Newfoundland .. 46

(7.) Of the Law Officers, Sir Christopher Robinson, Sir J. S. Copley, and

Sir Charles Wetherell, on the duties of the Governor and Bishop of

a Colony in collating and instituting to benefices .. .. .. 48

(8.) Of the King's Advocate, Sir C. Robinson, on the appointment of a

Roman Catholic Bishop in Canada .. .. .. .. .. 49

(9.) Of the Law Officers, Sir John Dodson, Sir John Campbell, and Sir

R. M. Rolfe, on the appointment of a Suffragan Bishop of Montreal 50

(10.) Of the Law Officers, Sir John Campbell and Sir R. M. Rolfe, on the

incorporation of a Roman Catholic College in Prince Edward's

Island .. .. .. .. .. .. .. .. .. 51

(11.) Of the Law Officers, Sir Frederick Pollock and Sir William W. Follett,

on the authority of the Crown to interfere with and make regula-

tions respecting the appointment of Roman Catholic Bishops in ...

Canada .. .. .. .. .. .. .. .. 51

(12.) Of the Law Officers, Sir John Dodson, Sir Frederick Thesiger, and Sir

FitzRoy Kelly, on the status of Clergymen of the Church of England,

and the Jurisdiction of the Bishop, in Van Diemen's Land.. .. 52

(13.) Of the Law Officers, Sir J. D. Harding, Sir Frederick Thesiger, and

Sir F. Kelly, on the patronage of Benefices and appointment of

Missionaries in Prince Edward's Island .. .. .. .. 54

On- The Powers And Duties And Civil And Criminal Liabilities Of
Governors Of Colonies.

OPINIONS.

PAGE

(1.) Of the Law Officers, Sir Thomas Trevor and Sir John Hawles, as to

how a Lieutenant-Governor could be tried for Misdemeanor .. 64

(2.) Of Mr. Reeve and Mr. Lutwyche, on the effect of the Demise of the

Crown on a Colonial Act granting a salary to the Governor of a

Colony .. .. .. .. .. .. .. .. .. 65

(3.) Of the Law Officers, Sir Thomas Trevor and Sir John Hawles, on the

determination of a Governor's Commission .. .. .. „ 66

(4.) Of Mr. West, Counsel to the Board of Trade, as to whether a Governor

can vote as a Councillor .. .. .. .. .. .. 66

(5.) Of the Attorney General, Sir John Willes, on the right of the Pro-

prietor of Maryland to appoint to offices under the King's Charters 67

(6.) Of the Law Officers, Sir William Garrow and Sir Samuel Shepherd, as

to the devolution of the authority of Governor of a Colony .. 68

(7.) Of the Law Officers, Sir James Scarlett and Sir E. B. Sugden, as to

power of Governor to revoke assignment of a Convict .. .. 69

(8.) Of the Law Officers, Sir John Campbell and Sir R. M. Rolfe, as to

power of Governor to suspend a Colonial Officer appointed by Order

in Council .. .. .. .. .. .. .. .. 70

(9.) Of the Law Officers, Sir C. Robinson, Sir R. Gifford, and Sir J. Copley,

on the notification of the Demise of the Crown in a Colony .. 70

(10.) Of the Law Officers, Sir J. Campbell and Sir R. M. Rolfe, as to effect

of Demise of the Crown on the Commission of the Governor of a

Colony 72

(11.) Of the Law Officers, Sir J. Campbell and Sir T. Wilde, as to appoint-

ment of Members of the Legislative Council of Canada .. . 73

(12.) Of the Law Officers, Sir J. Dodson, Sir F. Pollock, and Sir W. Follett,

as to power of Government of Canada to grant an exclusive Right of

Ferry between that Province and the United States .. .. 73

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

sity of the concurrence of the Council of a Colony in granting leave

of absence to Public Officers .. .. .. .. .. .. 74

(14.) Of the Law Officers, Sir John Jervis and Sir John Romilly, on the

grant of a Conditional Pardon for murder in British Guiana .. 75

(15.) Of the Law Officers, Sir A. E. Cockburn and Sir R. Bethell, on the

grant of a Conditional Pardon by the Governor of a Colony in virtue

of the general power to pardon conveyed by his Commission .. 76

(16.) Of the same Law Officers, that the power of Pardon is not vested in

the Superintendent of Honduras .. .. .. .. .. 77

(17.) Of the Law Officers, Sir R. Bethell and Sir H. S. Keating, as to the legal

meaning of the phrase " Governor in Council" .. .. .. 78

(18.) Of the Solicitor General, Sir H. Cairns, as to legality of Government

of a Colony administered by Officer appointed by the Governor in

the absence of the Officer on whom that function devolved by Royal

Charter 79

NOTES 80-89
CHAPTER IV.

On Vice-admiralty Jurisdiction And Piracy.

OPINIONS.

FAGS

(1.) Letter from Mr. Stainsby to Sir J. Marriott, King's Advocate, on the

origin of the Court of Admiralty .. .. .. .. .. 90

(2.) Opinion of the King's Advocate, Sir J. Cooke, on the Jurisdiction of

the Court of Admiralty in tho Colonies .. .. .. .. 91

(3.) Of the same, on the seizure of a Spanish brigantine, on the high seas,

by a non-commissioned vessel .. .. .. .. .. 93

(4.) Of Mr. Fane, Counsel to the Board of Trade, on the Admiralty Juris-

diction in the Bahamas .. .. .. .. .. .. 94

(5.) Of the King's Advocate, Sir C. Robinson, on the Jurisdiction of Vice-

Admiralty Courts .. .. .. .. .. .. .. 94

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

on a question of Jurisdiction between the Vice-Admiralty and the

Colonial Courts at the Cape of Good Hope .. .. .. .. 95

(7.) Of the Law Officers, Sir J. Dodson, Sir F. Pollock, and Sir W. Follett,

on the question whether the Supreme Court of Newfoundland could

exercise Vice-Admiralty Jurisdiction out of Term .. .. .. 96

(8.) Of the Law Officers, Sir J. Dodson, Sir J. Romilly, and Sir A. E.

Cockburn, on the power of the Crown to issue Commissions under

46 Geo. 3, c. 54, notwithstanding 12 & 13 Vict. c. 96 .. .. 97

(9.) Of the Law Officers, Sir J. S. Copley, Sir C. Wetherell, Mr. Plunket,

Mr. Foster, and Mr. Twiss, on the Constitution, Authority, and

Power of the Court of Admiralty in Ireland .. .. .. 99

(10.) Of the King's Advocate, Sir C. Robinson, and the Admiralty Advo-

cate, Mr. Arnold, on the Irish Admiralty Court .. .. .. 108

(11.) Of the same Law Officers, on the appointment of H.R.H. the Duke of

Clarence to be Lord High Admiral, and his Rights as such .. 110

(12.) Of Sir Richard Lloyd, Judge of the Court of Admiralty, on the pro-

ceedings in Jamaica against Deane the Pirate .. .. .. Ill

(13.) Of the Law Officers, Sir E. Northey and Sir W. Thomson, on the

pardon of Pirates in the Colonies .. .. .. .. .. 113

(14.) Of the Law Officers, Dr. Hay, lion. C. Yorke, and Sir F. Norton, on

the Admiralty Jurisdiction in the case of murder on the High Seas 114

NOTES 116-118

CHAPTER V.

On Certain Prerogatives Of The Crown.

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(1) Lands in the Colonies; (2) Grants; (3) Escheats; (4) Mines; (5) Treasure

Trove; (6) Royal Fish; (7) Felons' Goods; (8) Writ Ne exeat Regno;

(9) Proclamations (in note); (10) Cession of Territory; (11) Erection of

Courts of Justice.

OPINIONS.

(1.) Of the Law Officers, Sir Edward Northey and Sir William Thomson,

on the King's right to the Three Lower Counties on Delaware Bay.. 119

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