measure, stating his reasons for so doing to the home secretary. His dissent so expressed acts as a suspension of the measure for the signification of his Majesty's pleasure thereon.

The consent of the lieutenant-governor is necessary before the States can meet, and he has the right of vetoing any measure, but his reasons must be stated to the home secretary, and in all cases permanent Acts of the States need the assent of the Crown, expressed by Order in Council. Provisional ordinances or bye-laws may, however, be made for three years without the assent of the Crown. (y)

Formerly the Court Royal had also the power to make ordinances and bye-laws, but this was taken away in 1771, when the laws of the island were codified. (z)

GUERNSEY.-The institutions of Guernsey are almost precisely similar to those of Jersey, the island possessing its Court Royal, or Chef Plaids (composed of the bailiff and jurats), and its States (composed of the bailiff as president, the jurats, and the rectors, constables, and deputies of the various parishes).

The chief difference between the institutions of the two islands is that the Court Royal, or Chef Plaids, of Guernsey has still the power of making ordinances, (a) and of suggesting legislative measures to the States. (b)

ALDERNEY has its own institutions, similar to Jersey and Guernsey, but the States of Guernsey may legislate for Alderney, and appeal lies from the Court of Alderney to the Court of Guernsey, and thence to the Privy Council.

SARK. Sark is also subordinate to Guernsey. It possesses its own Court, with limited jurisdiction. Appeal lies to Guernsey, and thence to the Privy Council.

The Isle of Man.

The sovereignty of the Isle of Man was for many centuries vested in grantees of the Crown by letters-patent

(y) Order in Council, 28th of March, 1771. (Code of Laws, Jersey, 1771, p. ii.)

(z) Code of Laws, Jersey, 1771, p. ii.

(a) These require the consent of the Crown in Council if any change in the existing law is made.

(b) See Le Quesne, Const. Hist. of Jersey, p. 101 et seq.

in return for homage and the granting of two falcons at the coronation of successive sovereigns, the island enjoying its own constitution and complete legislative independence. (c) The grantees of the royal dignity, though nominally kings of the island, did not assume that title, but styled themselves "Lords of Man and the Isles," and eventually the sovereignty was repurchased from the Duke of Atholl, the then holder, by George III., in the year 1765, for £70,000, under statutory authority, (d) the Church patronage, most of the royal franchises, such as waifs, wrecks, mines, fairs, tolls, etc., together with the property in the soil, being reserved to the Duke of Atholl in return for the ancient honorary services.

The island still enjoys its ancient form of constitution, the supreme legislative authority being vested in the Crown, the governor and council, and the House of Keys, which constitute the Parliament of the island, known as the Tynwald Court.

The members of the House of Keys are twenty-four in number, and formerly held office for life. (e) They are now elected for seven years unless sooner dissolved by the Crown. (ƒ)

The lieutenant-governor is appointed by the Crown, and his council for legislative purposes is composed of the principal dignitaries in the island virtute officii. (g)

The keys are summoned by the governor, and since 1765 Acts of the Tynwald must be confirmed by his Majesty, and before they receive the force of law they must be promulgated in the English and Manx languages on the Tynwald Hill and signed by the governor and such of the council and keys as are present.

(c) See the various letters-patent recited in the 5 Geo. III. c. 26, commencing with that granted to Sir John de Stanley, 7 Hen. IV. (d) 5 Geo. III. c. 26.

(e) Johnson's Jurisprudence of the Isle of Man, p. 20.

(f) See the Laws of England, vol. x., p. 577.

(g) There seems to be some doubt as to the persons actually entitled to sit on the council, but the bishop, the treasurer or receiver-general, the two deemsters, the water-bailiff, and the clerk of the rolls, would appear to be included (Johnson's Jurisprudence of the Isle of Man, p. 22).

CHAPTER II.

THE COLONIES.

Definition. By the Interpretation Act, 1889, a colony is defined as being "any part of his Majesty's dominions, exclusive of the British Islands and of British India," (a) and for the purposes of the definition, where parts of such dominions are under both a central and a local legislature, all parts under the central legislature are to be deemed one colony. (b)

According to the circumstances under which they are originally acquired, colonies may be classified as either settled, conquered, or ceded.

Settled Colonies.-A colony is said to be settled when at the time of occupation it is uninhabited, or inhabited only by tribes whose laws and customs are inapplicable to a civilized race. Australia may be taken as a type of such a colony.

In settled colonies the settlers carry with them the English common law, and so much of English statute law as is applicable to them under their particular circumstances; but English ecclesiastical law is not carried by English settlers into a new colony, (c) and such portions of statute law as the Mortmain Acts, the Statutes of Limitations, the Marriage Acts, the Statutes of Charitable Uses, have been held inapplicable to certain colonies, (d) and the New Wills Act (7 Will. IV. and 1 Vict. c. 26) has been held inapplicable to the Colonies and India. (e)

(a) 52 & 53 Vict. c. 63, s. 18 (3).

(b) The British Islands include the United Kingdom, the Channel Islands, and the Isle of Man. Ib. s. 18 (1).

(c) In re the Lord Bishop of Natal (1864), 3 Moɔ. P. C. (N. S.) p. 152. (d) See Tarring's Law relating to the Colonies, p. 9.

(e) In re the Goods of Foy (1839), 2 Curt. 328.

In addition to these laws, by the British Settlements Act, 1887, (f) his Majesty in Council is empowered to establish such laws and institutions, constitute such courts and officers, and make such regulations for the administration of justice in any British settlement as to his Majesty may seem fit, but this is only applicable where representative government has not been granted. Where, in any colony, whether settled, conquered, or ceded, there exists already a native population with laws and customs of their own, though from their nature inapplicable to Englishmen, these laws and customs are not generally entirely suppressed, but retained and respected as personal or tribal in character so far as is compatible with the dictates of humanity. So the Hindu and Mahommedan laws and customs relating to marriage, inheritance, etc., are respected and enforced as personal or tribal in character in Anglo-Indian courts, and the laws and customs of the natives of the Gold Coast, (g) and of the aborigines of New Zealand, (h) have been statutorily preserved.

Conquered and Ceded Colonies. In conquered colonies (and, semble, in ceded colonies also) where a system of civilized laws already exists, this continues in force until altered by the new owners, (2) and in fact where such a system has been thoroughly established it is generally preserved; e.g. French law in Lower Canada, Roman-Dutch law in Ceylon and Cape Colony; and this is sometimes expressly stipulated in the treaty or articles of capitulation by which a colony is acquired. But laws contrary to the fundamental principles of the British constitution cease at the moment of conquest or cession, and therefore torture, which was legal under the old law of Minorca, could not legally be inflicted by an English governor. (k)

Where such a system of laws, however, has not been established, English law is introduced.

It seems that British subjects cannot take possession of a

(ƒ) 50 & 51 Vict. c. 54.

(g) Ordinance No. 4 of 1876.

(h) 15 & 16 Vict. c. 72, s. 71.

(i) See Campbell v. Hall (1774), 20 St. Tri. p. 323.

(k) See judgment of De Grey, C.J., in Fabrigas v. Mostyn (1773), 20 St. Tri. p. 181.

foreign country in their own right. If they acquire it by settlement the authority of the Crown extends to them, (l) and if by conquest, it becomes a dominion of the king in right of his Crown. (m) In 1842 the Sultan of Borneo granted to Sir James Brooke (commonly called "Rajah Brooke") the government of Sarawak subject to tribute. In 1853 the tribute was remitted, and he was given power to appoint a successor. In 1855 a British commission was appointed to inquire into the status of Rajah Brooke in Borneo. The commissioners did not definitely define the position, but they inclined to the opinion that in face of the statutory assertion of the sovereignty of the Crown over the territory of the East India Company (53 Geo. III. c. 155, s. 95) that no British subject could attain to the position of an independent ruler of a foreign country. (n) In 1864, however, a British Consul was appointed to Sarawak, which in 1888 became a British Protectorate by agreement with Rajah Brooke. (0)

In conquered and ceded colonies, by virtue of the prerogative the Crown enjoys the right of legislation, of appointing executive officers, and establishing courts of justice, in so far as this right has not been restricted by the articles of capitulation or by treaty. (p)

This right of legislation may be exercised by Order in Council, and also, it seems, by proclamation or letters-patent. (q) In settled colonies, however, the power of legislation is by the British Settlements Act, 1887, only conferred upon the King in Council, (r) but this power may be delegated by any instrument under the Great Seal, or by instructions under the sign manual, to any three or more persons within the settlement. (s)

The Crown cannot, however, make laws contrary to the fundamental principles of the British constitution, or

(1) See per Lord Mansfield in Campbell v. Hall (20 St. Tri. p. 287). (m) Ib. pp. 322, 323.

(n) Report of Commissioners, 1855, p. 19.

(0) See Herts. Comm. Treat., xviii. p. 227.

(p) As to this right generally, see judgment of Lord Mansfield in

Campbell v. Hall (1774), 20 St. Tri. p. 320 et seq.

(q) See Jephson v. Riera (1835), 3 Knapp, p. 152.

(r) 50 & 51 Vict. c. 54, s. 2.

(8) Ib. s. 3.