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4-273 (Text)

Item metadata
Speaker:
addressee,male author,male,Webb, T.P.,un
ns1:discourse_type
Letter
Word Count :
186
Plaint Text :
ns1:register
Government English
ns1:texttype
Imperial Correspondence
ns1:localityName
http://dbpedia.org/resource/Victoria
Created:
1892
Identifier
4-273
Source
Bennett, 1979
pages
272-274
Document metadata
Extent:
1052
Identifier
4-273-plain.txt
Title
4-273#Text
Type
Text

4-273-plain.txt — 1 KB

File contents



This section contains three substantive declarations: - (1) That all the laws of England then in force shall be applied, so far as they can be, in the administration of justice. (2) When any doubt shall arise as to whether any law applies to the colony, the Governor, with the advice of the Legislative Council, is to declare whether it extends to the colony or not, and to limit and modify such law as might seem expedient. (3) Before the Governor makes such declaration the Supreme Court shall as often as any doubt shall arise upon any proceeding before it adjudge and decide as to the applicability thereof.
Upon this section three views may be taken: - First. That it operates to make "all" laws and statutes then in force in England applicable for all purposes, irrespective of their nature, and including statutes which would not be held to be in force in any colony, e.g., those of local policy and application. This extreme view is overruled by Lord Chancellor Chelmsford in Whicker v. Hume, and by Lord Romilly, M.R., in the same case 

http://ns.ausnc.org.au/corpora/cooee/source/4-273#Text