Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

108 THE EXECUTIVE GOVERNMENT [part It from being sued, and would afford an answer to the action, not only in the courts of the Colony, but in all courts: and therefore it would seem to be a consequence of the decision in Hill v. Bigge that the question of personal privilege cannot practically arise, being merged in the larger one, whether the facts pleaded show that the acts com- plained of were really such acts of State as are not cognizable by any municipal court. In the case of the Nabob of the Carnatic v. the East India Company,! Lord Thurlow said, that a plea pleaded in form to the jurisdiction of the court, but which denied the juris- diction of all courts over the matter, was absurd ; and that such a plea, if it meant anything, was a plea in bar. In their Lordships’ view, therefore, this plea, if it can be supported, must be sustained on the ground mainly relied upon by the Attorney-General, viz., that it discloses in substance a defence to the action. Before adverting to the sufficiency of the averments in this plea, it will be convenient to refer to some decisions in which the position of governors of colonies has been considered. In the leading case of Fabrigas v. Mostyn, the action was brought against Mr. Mostyn, the Governor of Minorca, for imprisoning the plaintiff, and removing him by force from that island. The Governor's special plea of justification alleged that he was invested with all the powers, civil and military, belonging to the government of the island, that the plaintiff was guilty of a riot, and was endea- vouring to raise a mutiny among the inhabitants, in breach of the peace, and that in order to preserve the peace and government of the island he was forced to banish the plaintiff from it. It then averred that the acts complained of were necessary for this object, and were done without andue violence. Upon the trial the Governor failed to prove this plea, and the plaintiff had a verdict. When the case came before the Court of Queen’s Bench, upon a bill of exceptions to the ruling of the judge, Lord Mansfield said his great difficulty had been, after two arguments, to be able clearly to comprehend what the question was that was meant seriously to be argued. It seems, however, that the liability of the Governor to be sued was raised, and very fully discussed, one ground of objection being that he could not be sued in England for an act done in a country beyond the seas, and upon this question Lord Mansfield declared that the action would, to use his own phrase, ‘ most em- 1 Ves. Jr. 388.

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