CHAPTER III.

ON THE POWERS AND DUTIES AND CIVIL AND CRIMINAL LIABILITIES OF
GOVERNORS OF COLONIES.

OPINIONS.

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

how a Lieutenant-Governor could be tried for Misdemeanor

(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..

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

determination of a Governor's Commission

..

66

66

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

can vote as a Councillor

(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

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

to the devolution of the authority of Governor of a Colony

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

power of Governor to revoke assignment of a Convict

(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

(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

(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 ..

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

ment of Members of the Legislative Council of Canada

(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

(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 ..

(14.) Of the Law Officers, Sir John Jervis and Sir John Romilly, on the
grant of a Conditional Pardon for murder in British Guiana

(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

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

the Superintendent of Honduras

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

meaning of the phrase "Governor in Council"

(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..

NOTES

79

..80-89

CHAPTER IV.

ON VICE-ADMIRALTY JURISDICTION AND PIRACY.

OPINIONS.

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

origin of the Court of Admiralty

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

the Court of Admiralty in the Colonies

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

by a non-commissioned vessel

PAGE

90

91

93

94

94

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

diction in the Bahamas

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

Admiralty Courts

(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 ..

(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 ..

(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

(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

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

cate, Mr. Arnold, on the Irish Admiralty Court

(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

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

ceedings in Jamaica against Deane the Pirate

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

pardon of Pirates in the Colonies

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

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

NOTES ..

116-118

(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

(2.) Of Mr. West, Counsel to the Board of Trade, on the King's right to

the woods in the Province of Maine ..

PAGE

..

130

133

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

King's right to certain waste lands in New Hampshire

(4.) of the Law Officers, Sir Philip Yorke and Sir Charles Talbot, on the

question whether the King's right to the lands of Pemaquid re-

mained in the Crown ..

144

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

the King's right to make new grants of land in New Hamp-

shire

..

(6.) Of the Law Officers, Sir Dudley Ryder and Sir John Strange, concern-

ing the grants of land in Carolina before and after the purchase by

the King of the Proprietors' rights

(7.) of the Law Officers, Sir Philip Yorke and Sir Charles Talbot, on grants

that are void for uncertainty ..

(8.) of the Law Officers, Mr. Fane, Sir John Willes, and Sir Dudley Ryder,

on the question of taking lands under old grants from the Pro-

prietors of Carolina

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

on the power of the Crown to alter the tenure of lands in Canada..

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

appropriation of wild lands in New Brunswick by the Legislature of

the Colony in return for a Civil List..

(11.) Of the Attorney General, Sir Edward Northey, on Escheats in New

Jersey ..

..

145

149

151

152

153

156

(12.) Of the Law Officers, Sir John Somers and Sir Thomas Trevor, on the

Royal right to Escheats in Virginia ..

(13.) Of the Law Officers, Sir R. Raymond and Sir Philip Yorke, on the

King's right to mines in New Jersey

(14.) Of the Law Officers, Sir J. S. Copley and Sir Charles Wetherell, as to

the right of the Crown to mines of gold and silver and other

minerals in Nova Scotia

(15.) Of Mr. Fane, on the King's right to Treasure Trove in the Bahamas..

(16.) Of the Attorney General, Sir Edward Northey, on the Queen's Right

to Royal Fish at New York

(17.) Of the Law Officers, Sir Philip Yorke and Sir Charles Talbot, on the

grant by Letters Patent of Felons' Goods, Fines, and Forfeitures ..

(18.) Of the Solicitor General, Sir William Thomson, on the King's Pre-

rogative of prohibiting his Subjects from going abroad

(19.) Of the Attorney General, Sir A. Macdonald, as to how far the King

may restrain his Subjects from going abroad

(20.) of the Law Officers, Sir Philip Yorke and Sir Clement Wearg, on

Criminal Jurisdiction in the Leeward Islands

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

the erection of a Court of Exchequer in the Colonies

(22.) Of the Attorney General, Sir Dudley Ryder, on the King's power to

erect Courts of Justice in Newfoundland

(23.) Of the Attorney General, Sir Dudley Ryder, that the King could not

grant power to establish a Criminal Court at Newfoundland but

under the Great Scal

167

169

..

170

172

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

power of the Crown to create the Office of Master of the Rolls in

Canada ..

PAGE

172

174-187

ON MARTIAL LAW AND COURTS MARTIAL.

OPINIONS.

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

how far the proclamation of Martial Law suspends the functions of

the Council

..

(2.) Of Mr. Hargrave, on an Irish case involving the question of Martial

Law

188

(3.) On Naval Courts Martial and Admiralty Jurisdiction..

(4.) Of the Attorney General, Sir John S. Copley, on the authority of the

Military to take away life in suppression of a riot in the Island of

Barbadoes

(5.) Of the Judge Advocate General, Sir John Beckett, on a trial by Court

Martial during the existence of Martial Law in Demerara..

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

power of the Governor of Canada to proclaim Martial Law

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

R. M. Rolfe, on the liability of foreigners invading Her Majesty's

dominion to suffer the penalties of high treason; and on Martial

Law

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

establishment of a Court in Canada for the trial of offences com-

mitted during an insurrection in which Martial Law had been pro-

claimed

(9.) Of the Attorney General, Sir R. Bethell, on proclaiming Martial Law

in Hong Kong..

CHAPTER VII.

ON EXTRA-TERRITORIAL JURISDICTION.

(1.) Report by Sir James Marriott, King's Advocate, on the reference of

a Letter of Sir James Wright, His Majesty's Minister at Venice,

by the Earl of Shelburne

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

trial for murder committed at sea

217

218

(3.) Of the Law Officers, Sir S. Shepherd and Sir R. Gifford, as to the

jurisdiction of the Superior Court of New South Wales in case of

persons not resident within the territory; and as to the disability to

sue, of prisoners convicted of felony..

(4.) of the Law Officers, Sir J. S. Copley and Sir C. Wetherell, on the

Foreign Enlistment Act (59 Geo. 3. c. 69) ..

PAGE

220

221

(5.) Of the Law Officers, Sir Herbert Jenner and Sir N. C. Tindal, as to

whether Slaves escaping to a foreign territory could be brought

back to a Colony to be there dealt with as Slaves

224

224

225

(6.) Of the Law Officers, Sir J. Campbell and Sir R. M. Rolfe, as to juris-

diction over offences committed in territory outside of the gates of

Gibraltar

(7.) Of the Law Officers, Sir J. Jervis and Sir J. Romilly, that an assault

on a native in a Colony by British subjects is not triable in the Court

of Queen's Bench in England..

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

Cockburn, on the construction of the Statutes 59 Geo. 3, c. 44 (an

Act relating to offences committed in Honduras) and 12 & 13 Vict.

c. 96 (an Act to provide for the prosecution and trial in the Colonies

of offences committed within the jurisdiction of the Admiralty) .. 227

(9.) Of the same Law Officers, that British Courts have no jurisdiction

in respect of illegal acts committed against emigrants on board

Foreign Vessels

..

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

Kelly, on the same question..

(11.) Of the Law Officers, Sir J. D. Harding, Sir R. Bethell, and Sir H. S.

Keating, that a person charged in a Colony with any offence under

12 & 13 Vict. c. 96 cannot be sent to England for trial; nor can

proceedings of such trial be revised in England

(1.) Of the Attorney General, Sir Edward Northey, on the question of

Alienage, and trading with Her Majesty's enemies..

..

(2.) Of the Attorney General, Sir Fletcher Norton, as to whether the

French and Spaniards who remained in the ceded countries after the

Peace of 1763 were Aliens or Subjects

252

253