In explanation of the distribution of the parts of this work, I should observe that the first portion consists of a Summary of the Laws relating to the Colonies. This summary was originally intended to form the first chapter. The second portion contains accounts of the different Colonies and of their laws, together with the Charters of Justice regulating the administration of the law in the Colonies to which such Charters have been granted. It was at first proposed to print the accounts of the Colonies as a second chapter, and to add th Charters of Justice and other similar documents by way of Appendix; but I conceived that it would be more convenient for the reader to find everything relating to any one Colony in the same portion of the book, and I therefore omitted the division of a second chapter, and threw the whole into the form of an Appendix. In consequence of this arrangement the Appendix occupies by far the largest portion of the volume; and though this may be objectionable in some respects, it has the recommendation of affording a facility of reference, to which, especially in a law book, I thought some less important objects might well be sacrificed.

* In that part, the law, as declared by text writers, by judicial authorities, and by Acts of Parliament, forms the text; and where I have seen reason to think that the law thus declared required comment or illustration, I have added notes for that purpose.

I am but too sensible that I have not been able to present to the profession so complete a work as they could have desired, nor as I could have wished to offer to their acceptance. I claim indeed little merit beyond that of industry and care in the selection and compilation of authorities, and I am fully aware that the chief recommendation of my labours will be, that the reader may find collected, in one volume, information for which he would otherwise have to search through many different works, some of them not very easy of access. Let me avail myself of this opportunity to acknowledge the kind assistance I have received from many private friends, without whose aid it would have been impossible for me to complete the task I had undertaken. The amount of information upon the administration of the law in the Colonies, to be obtained from works published in this country, is insignificant in the extreme, except in the instance of those Colonies respecting which the West India Commissioners have made and published their valuable Reports. The books upon this subject published in the Colonies are not numerous; but few of them find their way to this country, and those few are only to be found in the libraries of private individuals. It might have been supposed that the colonists, with a view to their own interests, would have forwarded to the library at the Colonial Office, and to the British Museum, such works as would enable

any one who desired it to obtain complete and accurate information on any subject which, for the benefit of the Colonies, he might wish to bring under public discussion. But such has not been the fact.* Under these circumstances I have been obliged to borrow from all quarters books that could be found no where but in private libraries; and for the readiness with which these were lent, not only by personal friends but by gentlemen to whom I had before been a stranger, I have to express my sincerest obligations. I have been most particularly indebted for assistance to Mr. F. Pollock, M.P., Mr. Godson, M.P., Mr. Lloyd, M.P., Mr. Dwarris, Mr. W. Bruce, Mr. T. De Sausmarez, and Mr. H. W. Parker. The last of these gentlemen, who had already published an excellent little work upon Van Diemen's Land, and whose attention had been particularly directed to the Australian Colonies, voluntarily offered (and his offer was most gladly accepted) to contribute that portion of the book which related to those Colo

* Upon a Colonial question of considerable importance, an honourable member of the House of Commons was recently compelled to apply to his various acquaintances for the means of obtaining that information which none of our public libraries afforded him. Even the Almanacks of the different Colonies, works containing more authentic legal information than our knowledge of what Almanacks are in this country would lead us to suppose, are rarely to be met with where they might most be expected to be found.

nies. To Mr. Greville and Mr. Devey, of the Privy Council Office, and to Mr. Mayer, the Librarian of the Colonial Office, I also beg to offer my best thanks for the assistance so politely and readily afforded by them.

The first portion of this volume was printed before the Autumn of last year, but circumstances have unavoidably delayed its publication till the present moment. It has been suggested to me in the interval, that as the condition of the East Indian Colonies has been altered since I began the work, it would be extremely useful to print a volume upon the administration of the laws in those important dependencies; and as I was honoured with this suggestion from Sir Alexander Johnston, for whose services in Ceylon this country and that Colony have equal reason to be indebted, I felt it impossible to hesitate about adopting it.

A Summary of the Laws governing our East Indian Possessions will therefore form an additional volume to the present, to which it will make all necessary references.

After the first portion of the summary had been put into the printer's hands, a question of considerable importance, relating to the powers of a Governor, was brought under my notice. A foreigner had gone into one of our Colonies, and had there complied with the terms of a proclamation issued under competent authority, which prescribed what should be done by any foreigner who

desired to obtain the privileges of a British subject in that Colony. He was subsequently sent out of the Colony by an order of the Government. The question under these circumstances was, whether any Governor of a Colony could give the rights of a naturalized citizen to a foreigner who came to reside within the Colony. The opinion that he could not was asserted in the Colony, and at first adopted in England on the authority of Lord Coke, who says, "The King cannot grant to any other to make of strangers born, denizens; it is by the law itself so inseparably and individually annexed to his royal person (as the book is in the 20 Hen. 7, fol 8,) for the law esteemeth it a point of high prerogative, jus majestatis et inter insignia summæ potestatis, to make aliens born subjects of the realm and capable of the lands and inheritances of England in such sort as any natural born subject is." In this passage, which is still good law, no notice is taken of a distinction that has however been raised by subsequent writers, adopted by Colonial Acts, confirmed at home, and also by Acts of the British Parliament itself. That distinction is, that the right of a naturalized subject may be granted to a man in a Colony without conferring upon him similar rights in the mother country. So long ago as the 35 Car. 2, an act was passed by the Legislature of Jamaica and confirmed in this country,

* Calvin's Case, 7 Coke, 51.