Six Copies which are required to be sent home under the Regulations.
Colonial Revenue
13 March
But More 113 of Mr. Davis sends, with this Despatch, two Ordinances on neither of which he comments, though both seem to me much to demand explanation.
No. 15 of 1844 Establishes a Supreme Court at Hong Kong. 1st The 8. Clause enacts that the Law of England shall be in full force there except where the same shall be inapplicable to local circumstances or not be suited to local circumstances. Proviso that in all matters Concerning the title to real Property The Law of England shall prevail. The general rule, though not very accurately expressed, may, Jurispages, pass without comment. But the Proviso is evidently wrong. If there be any subject on which the applicability of the Laws of England to local circumstances is questionable it is to real property.
The Writer of this Ordinance seems to have had in view making an Exception in favour of the Law of England as regards the successions to the Estates of deceased persons. His words embrace a mass of Rules, Forms and Principles, unknown even among English Lawyers except to those who practice as Conveyancers and known even then very imperfectly.
The 3 Clause has a Proviso against the Qual verification "of any Law derogating from the Sovereignty of the Queen of England". What the object of this Proviso can have been I cannot even conjecture. But to describe The Queen of the United Kingdom of Great Britain and Ireland as "Queen of England" in a formal legislative Act seems a solecism.
The same Clause authorizes the Court...
Mested
Six Copies which are required to be sent home
under the
Et gruecal
Regulations.
Colonial
Ravere
13 March
But Mofer
113
of
Mr. Davis sendes, with this (Decpalch, two Ordinances on neither
both seam to me much to demand explanation.
which he
Comment
though
MP. 15 of 1804 Extablishes a Supreme Conal at Hong Kong 1st the 8. Clause enacts that the Law of England shall be in
shall be in full force
there qxcept where the same shall be inapplicable to local circumstances
best walten
Provise that in all matters.
Conching
the title to real.
Property
The Law of England shall prevail. The general rule though not very
there be
applicability
accurately expressed
may, Jurlauges, paps without comment. But the Reviso widently erong.
If
any salged on which the the Laws of England to local eiseumstances is questionable
to real foroperty.
The Weiler of
f
regard
etor bin
the how meant to make an
Exceptions in javour of the Law of England as für ve refects the
successions
to the Estates of deceased persons. His words subrace
even
mass of Rules, Frms and Principles, unknown cvon
somong English
aawzers qxcept to those who practice as Conveyancers
punt of
then
wry imperfectly.
and known even
The J. Clause has a Provice agrimet the Qual vergnition
24. 3?
If any
against
iscal
"The of Law derogating from the Sovereigelig of the Inen och Legland»
What the object of this Rosice
live bean I cannot Even
en conjection
But to describe The Queen of the United Kingdom of Jual Butain and Ireland as "Queen of England in
serious
"Queen of England in a formal degislatia Act scores a madraliney.
3th The
Jame
the Count in it'd der lon
Hause authorizes the Count
No comments yet.
Private notes are available after approval.