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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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

cHap. 11] LIMITATION OF LEGISLATION 373 beyond this limit, but not over other persons.” In an opinion given by the Queen’s Advocate in August 1854, on the question within what distance of the Falkland Islands foreigners might be legally prevented from whale or seal fishing, he advised that they could be prevented from fishing within three miles of the coast, such being the distance to which, according to the marine interpretation and usage of nations, a cannon-shot is supposed to reach. The view of the law officers is shown to have been shared by the Government in many Acts; for example, it was con- sidered necessary to resort to Parliament to make arrange- ments for the hearing of appeals in the West Indies by the Courts of a distant Colony. This was done in the case of making provisions for appeals from British Honduras to lie to the Courts of Jamaica, by the Act 44 & 45 Vict. c. 36, and with regard to appeals in the Windwards by 52 & 53 Viet. c. 33. Similarly it is due to the territorial limitation of Colonial jurisdiction that Acts have been passed from time to time to provide for the extradition of offenders, including their legal custody while beyond the limits of the Colony from which they are extradited, and for the custody of fugitive offenders during removal from one part of the Empire to another! Again, by the Act 6 Will. IV. c. 17, it is laid down that whereas by reason of the separation of the Govern- ments of the said islands it was not possible to arrange for the erection of two Courts of Judicature in the West Indian Islands, therefore Imperial legislation had to be passed. In the Canadian prisoner’s case, Lord Durham had, with his nominee Council in Lower Canada, which was a special body established by Act of the Imperial Parliament in view of the recent rebellion and the necessity for suspending the constitution, decided that certain political offenders should be banished to Bermuda. It was then advised by the law officers of the Crown that the ordinance for effecting ! Fugitive Offenders Act, 1881 (44 & 45 Vict. c. 69) ; Colonial Prisoners Removal Acts, 1869 and 1884 (32 Vict. c. 10 and 47 & 48 Vict. ¢. 31); Hatra- dition Acts, 1870 and 1873 (33 & 34 Vict. ¢. 62, 36 & 37 Vict. ¢, 60).

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