Geschichte der großen amerikanischen Vermögen: Geschichte der großen amerikanischen Vermögen

Geschichte der großen amerikanischen Vermögen (Bd. 2)

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Multivolume work

Identifikator:: 1895264332

Document type:: Multivolume work

Author:: Myers, Gustavus

Title:: Geschichte der großen amerikanischen Vermögen

Place of publication:: Berlin

Publisher:: Fischer

Year of publication:: 1916 -

Collection:: Economics Books

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Volume

Identifikator:: 1895265185

URN:: urn:nbn:de:zbw-retromon-241581

Document type:: Volume

Author:: Myers, Gustavus http://d-nb.info/gnd/10190651X

Title:: Geschichte der großen amerikanischen Vermögen

Volume count:: Bd. 2

Place of publication:: Berlin

Publisher:: Fischer

Year of publication:: 1916

Scope:: S. [415] - 800

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Drittes Kapitel. Noch einmal Goulds Vermögen

Collection:: Economics Books

cuap. 11] THE POWERS OF THE GOVERNOR 143 minister of the Crown in the Colony. The view was, however, rejected by the Secretary of State on the advice of the law officers of the Crown. It is hard to see any useful purpose served by this relic of ancient times. It would be easy for the Colonies to bar the right by appropriate legislation, but that has never yet been done and so the practice remains in force, though cases are rare. It is somewhat strange that none of the Colonies should have taken so easy a step. All have some sort of provision in force for dealing with claims against the State, and all of them extend that provision a good deal beyond the limits within which the petition of right lies in the United Kingdom, but that leaves the prerogative untouched, and in the case of Western Australia some at least of the petitions have been due to the fact that the time-limit appointed by the Act has expired, while against the common- law right time does not run. There is a difficult question! whether the prerogative runsin cases of those Colonies in which, like the Province of Quebec, the Cape, Natal, the Transvaal, and the Orange River Colony before union, and the Crown Colonies of Mauritius, Ceylon, St. Lucia, and Trinidad, the law of the land is not English law. It has often been held that the petition does not lie, and the opinion can quote in its favour the view that the right is one of common law, and therefore cannot exist except under the common law. But it should be noted that the right is no more or less than the right of the Sovereign to waive the right of refusing to be sued in his own court, ! See Code, Petition of Right, p. 36. Robertson, Civil Proceedings by and against the Crown, p. 340, is wrong in denying the right to fiat a petition against a Colonial Government; the thing has been often done as mentioned above, and is one sign of the unity of the Crown in the Empire ; cof. Williams v. Howarth, [1905] A. C. 551, and below, Part VIII, chap. i. The Canadian Supreme Court seems to have held the view that in the Province of Canada no petition of right could have been brought because there was no means of getting a royal fiat ; see 36 8. C. R., at p. 34. But it is difficult to see how it could have been refused if asked for at home, and the court did not take the point of the differing law of Upper and Lower Canada ; indeed the case goes expressly on the similarity of practice between the two Canadas.

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