Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

Bibliographic data

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

Usage license:: Get license information via the feedback formular.

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

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

cuar. 1] THE POWERS OF THE GOVERNOR 137 antiquity is the fact that the Offences against the Person Act, 1861, provides for the trial of any person, being a British subject, who has been guilty anywhere of manslaughter or murder, in England if he is found there. This Act has not yet been put successfully in operation against a Colonial Governor, but under its predecessor, the Act 33 Henry VIII. c. 23, Governor Wall was proceeded against in 1802 for having caused the murder of a soldier by excessive flogging in the island of Goree; being convicted he was sentenced to death and the sentence was actually executed, despite the fact that nineteen years had expired since the action, and despite the fact that, though the Governor was certainly guilty of conduct very inhumane, he had evidently had no intention of causing death! Now no Act of Indemnity passed by a Colonial Legislature would appear to avail to save a man from the consequences of putting a man to death or committing manslaughter outside England : if the act was murder, it remains murder despite the Act of Indemnity. The actual difficulty may be seen if a Governor authorizes the proclamation of martial law and the execution under that law of some persons takes place and its legality is questioned. In the Colony he will be held free from blame by the Indemnity Act not merely civilly but criminally ; but though the Indemnity Act has avail civilly under the principles of private international law,? it will have no effect criminally : this is clear, though at first sight absurd, but the provision of the Imperial Act was intended to cover the cases of duelling abroad, which formerly prevailed. Duelling is in many countries, perhaps even in India, not murder, even if it is illegal, and therefore the Courts have not adopted the doctrine that one country can prevent deeds done in it being unlawful in another. Of course, in point of fact the difficulty could be got over : the Attorney-General could offer a nolle prosequi, or, if he felt unable to do so, the criminal could 1 98 8t. Tr. 51. Cf. Campbell, Lives of the Chief Justices, iii. 149; Kenny, Criminal Law, pp. 127, 410. * Phillipsv. Eyre,4Q. B.225; 6Q. B. 1; Dicey, Conflict of Laws,*p. 652 seq. 3 Cf. opinion of James and Stephen in Forsyth, op. cit., p. 563.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 1)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation