Deutsche Geschichte: Urzeit und Mittelalter

Urzeit und Mittelalter (Abt. 1)

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Multivolume work

Identifikator:: 1892063557

Document type:: Multivolume work

Author:: Lamprecht, Karl http://d-nb.info/gnd/118569015

Title:: Deutsche Geschichte

Place of publication:: Berlin

Publisher:: Gaertner

Year of publication:: 1891-

Collection:: Economics Books

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Volume

Identifikator:: 1892064901

URN:: urn:nbn:de:zbw-retromon-238006

Document type:: Volume

Author:: Lamprecht, Karl http://d-nb.info/gnd/118569015

Title:: Urzeit und Mittelalter

Volume count:: Abt. 1

Place of publication:: Freiburg im Breisgau

Publisher:: Heyfelder

Year of publication:: 1904

Scope:: XIX, 488 S.

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Dreizehntes Buch

Collection:: Economics Books

134 THE EXECUTIVE GOVERNMENT [PART II Governor-General of Australia, by the vesting in him under the Constitution, ss. 2 and 61, of the Executive Government of the Commonwealth, and the same view appears to have been held by Mr. Justice Clark.! It would be a mistake to suppose that there is any difference in the delegation of the executive powers in the cases of the Governors-General of the Federa- tions and the Union and the delegation of the Governors of Colonies and States. The former delegation takes place by statute, but it is no more full and effectual than in the latter case, save in so far as the powers necessary for the Executive Government of a federation with larger legislative powers than those of a simple Colony may exceed the powers of the Governors of simple Colonies. It should, however, be noted that an act of State can be ratified ex post facto, and possibly thus a Governor could be enabled to perform one? though this case has not yet, it seems, occurred.’ $8. THE LIABILITY OF A GOVERNOR TO SUIT The legal cases which decide that the Governor has none of the privileges of a Viceroy have been quoted above for the most part in the judgement of the Privy Council in the case of Musgrave v. Pulido. A Governor may be sued in the Courts of the Colony over which he is Governor for private debts, whether contracted in the Colony or outside? He may be sued also for acts done in his official position as Governor? In both cases also he may be sued in England subject to the ordinary principles of private international law.® The case is neatly exem- Australian Constitutional Law, p. 66. } Bee the judgements on the Victoria case, 14V. L. R. 349, though those of a’Beckett and Holroyd JJ. are doubtful even of that. See pp. 120, 169. ® Hill v. Bigge, 3 Moo. P. C. 465. This overrides Harvey v. Lord Aylmer, 1 Stuart, 542, decided on the strength of the dictum in Fabrigas v. Mostyn, that a Governor could not be sued in his own Colony ; see Wheeler, Oonfederation Law, p. 10. * Musgrave v. Pulido, 5 App. Cas. 102, Fabrigas v. Mostyn, 20 St. Tr. 81; Glynn v. Houston, 2 M. & G. 337; Wall v. Macnamara, cited in 1 T. R. 536. Cf. Forsyth, Cases and Opinions on Constitutional Law, p. 84.

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