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COLONIES AND DEPENDENCIES.

The British colonies and dependencies may be divided into mercial laws in two classes; those which were found and colonised by British

British colo

nies.

Colonies acquired by discovery and

occupation.

Colonies acquired by con quest.

The RomanDutch law in British Guiana.

Spanish law in Trinidad.

subjects, and those which were conquered by, capitulated, or ceded to the British Government.

In colonies found and colonised by British subjects or acquired by discovery and occupation, the law of England came at once into force as far as it was applicable to the condition of the infant colonies, but Acts of Parliament made in the United Kingdom after their acquisition, without naming the colonies, are not binding upon them. The laws of such colonies are therefore the common law of England, certain parts of the statutes of the United Kingdom, and the enactments of their own legislatures. To this class belong Barbadoes, Bahamas, Bermuda, Antigua, Jamaica, Tortola, New Brunswick, St. Christopher's and Nevis, British Columbia, Anguilla, Dominica, Granada, St. Vincent, Tobago, and Upper Canada in America; Sierra Leone in Africa; also Western and Southern Australia, New South Wales, and Van Diemen's Land.

Colonies which were conquered by, or capitulated, or ceded to Britain became by right of conquest subject to the law of England; nevertheless, until such law is imposed upon them they are allowed to retain their own laws in all matters which are not contrary to our religion, or which enact anything which is malum in se. In this class are included British Guiana, the Cape of Good Hope, and Ceylon, capitulated by the Dutch; Trinidad, capitulated by the Spaniards; St. Lucia, Lower Canada, and Mauritius, ceded by the French; Malta; and the Great Indian Empire. The laws of these colonies are as follow:

British Guiana.-The law in force in this colony, as guaranteed by the articles of capitulation when she surrendered to Her Majesty's arms, is the Roman-Dutch law, or the old law of Holland and the Roman law in subsidium.

Trinidad. The law in force here is the law of Spain, not the modern code, but the ancient law founded on the Fuero Real, the Pardidos, the Recopitacion, and the ordinance of Bilboa. The ancient Spanish law and the Roman law, as its auxiliary in cases where the former is defective, may be con

sidered as the common law of the colony, and is binding in all cases not otherwise especially provided for by English laws and statutes.

law in St.

St. Lucia.-The ancient law of France as it existed prior Old French to the promulgation of the Code Napoléon is in force here. Lucia. The old laws proceed from two different sources or authorities. Those which emanated from the government at home, viz., the Code Novi of 1685, the Edict of 1786, and the Local Ordinances. The English law is constantly referred to by the Courts of Justice.

Lower Canada.-The laws of this colony are the Acts of

English and in Lower

French laws

the British Government which extend to the colonies and
the laws of France as they existed at the conquest of Canada Canada.

in 1759.

Mauritius.-This colony has received four of the five French Codes codes of France, viz., the Civil Code, the Code of Civil Proce- in Mauritius. dure, the Code of Commerce, and the Code of Criminal Instruction. But the principles of English jurisprudence are continually engrafted on the French law.

Malta.-A Civil and a Commercial Code have recently been Civil and Comenacted in Malta.

mercial Codes

in Malta.

British India.-The Mohammedan law is in force in all the Mohammedan and Hindoo countries which were subject to the Mogul Emperors. The laws in force. Hindoo law is in force in all the territories which were never brought under that subjection. The Parsees are subject to the English law as far as it is applicable to them, and the Portuguese and other European races are subject to their respective European laws. The British population, or Anglo-Indians, are subject to the common law of England and to the laws and ordinances of the Legislative Council of India.

SECTION III.

COMMERCIAL LAWS OF FOREIGN COUNTRIES.

France. The commercial laws of France consist of the Code of Commerce of 1808, modified by subsequent laws, of such provisions of the civil and other codes as are applicable to trade, of the principles of common law, and of the usages of trade. The Code Napoléon abolished the Roman law, and all customs, statutes, and regulations previously in force upon subjects treated

French laws of commerce.

Laws in the
United States
founded on
British laws.

New German code.

Austrian laws of commerce.

by the code. It was enacted in Guiana, Bourbon, Guadaloupe, Martinique, and the French establishments in India, in St. Pierre and in Algeria, but in this latter colony the Mussulman law is still applied to the Mohammedan population.

United States of America.-The United States of America being originally founded by British subjects, who constituted the North American Colonies, have their commercial laws based on the law of England. But with the declaration of independence, and with the enormous increase in commerce and prosperity, the general laws of the country acquired enormous proportions, whilst each State has found it necessary to establish special laws and statutes, which have modified the original laws, and in many cases substituted other laws in their stead. English laws are not valid as such in the United States, but they must be sanctioned by legislative enactment, or introduced by a court as an exposition of principles common to the two nations. Each State has a separate commercial legislation, but the decisions of the different Courts are held in great and almost equal authority over all the States.

Germany.-A code of commercial law has just been completed for the whole of Germany, by a commission appointed by the Diet. Although the same has not yet the force of law, as it must be first enacted by each state, we insert it with confidence, since it has already received the sanction of the commercial classes generally. The German common law is composed of rules taken from the ancient German customs, and from compilations of local customs, canon law, Roman law, and special laws. In States where the law is codified, the German common law serves to interpret the codes, and to regulate the points not treated by them, and in States which have no code it is applied in all cases as a basis of the local and general law of the empire.

Austria. The commercial legislation of Austria is traced to the time of Maria Theresa, who, in 1756, published an ordinance on matters connected with commerce. The law of bankruptcy is equally due to the care of Maria Theresa, although it was not promulgated before the reign of Joseph II. The maritime legislation of Austria dates 1774. dates 1774. The Editto Politico di Navigazione Mercantile Austriaca embraces the most extensive provisions as regards captains and seamen. But Austria has adopted the new commercial code just prepared for

Germany, and therefore in all matters provided for by that
code, the old Austrian laws cease to have any force.
Belgium.-The French Code of Commerce is in force in
Belgium, with some modifications. A new bankruptcy law was
enacted in April, 1851.

Belgian code

similar to the

French.

Bolivia.-A code of civil law is in force in Bolivia, pro- Bolivian code mulgated in 1843.

Brazil.-A code of commerce was passed in Brazil in 1850. Buenos Ayres.-A code of commerce was published in this country in 1859.

of civil law.

Brazilian code of commerce. Buenos Ayres code of com

merce.

Denmark-In Denmark the code of Christian V., pub- Danish laws. lished in 1683, is still in force, with some later regulations on maritime law, and other ordinances and customs on Bills of Exchange and other branches of law.

commerce.

Greece. The French Code of Commerce has been adopted by Greek code of a Royal declaration, in 1835. No civil code has as yet been promulgated. A commission was issued in 1835, but it discontinued its labours.

Hayti.-In Hayti the commercial and civil codes were Haytian code. enacted in 1825 and 1826, founded on the model of the French codes.

Italy. Previous to the recent union of all Italian States Italian codes. into the Kingdom of Italy, several codes were in force in this country. Sardinia had codes published in 1838. The Two Sicilies had distinct codes. The Lombardo-Venetian kingdom preserved the French commercial code, and other States had special laws on all branches of trade. During the last two years a fusion of all laws has been determined upon; and a commission has been appointed for that purpose. But until a new legislation takes place the existing laws of the different States continue in force.

code.

Louisiana.-In 1824 the legislation of Louisiana adopted a Louisiana civil code, which was framed upon the model of the French code. Netherlands. A commercial and a civil code was published Dutch civil in the Netherlands in 1838.

and commercial codes.

laws.

Norway.-There is the same legislation in Norway as in Norwegian Denmark. An ancient Danish law on bills of exchange is still in force.

Mexico. The ordinance of Bilboa, which at one time governed Ordinance of Spain, is still in force in Mexico.

Bilboa in

Mexico.

Polish laws.

Portuguese code of commerce.

Russian code.

Servian civil code. Spanish code of commerce. Swedish laws.

Swiss laws.

Poland.-Prussian Poland, or Posen, is governed by the Prussian Landrecht. Austrian Poland, or Gallicia, by the Austrian code. But Russian Poland, or the Duchy of Warsaw, is not subject to the Swod. The Code Napoléon was enacted there in 1808, and though it has been subjected to many changes, it is still the basis of the law of the country.

Portugal.-A code of commerce was published in Portugal in 1833. No civil code has as yet been enacted.

Russia. A general code, called the Swod, was published in Russia, and rendered executory from the 1st of January, 1826. As early as 1700, Peter the Great conceived the idea of collecting all the ukases published since the code of 1649, but it was reserved to Nicholas to complete this important undertaking. The commercial part, forming the eleventh volume, occupies an important place; it includes more than two thousand articles, and contains very remarkable provisions, showing the customs and usages of the inhabitants of this vast empire.

Servia. The civil code was published in Belgrade in 1844. Spain.-A code of commerce was enacted in Spain in 1830. Sweden. Sweden has a civil code, many ordinances on bills of exchange and maritime law, and a law on bankruptcy, enacted in 1830.

Switzerland. Each Canton has its own special regulations. In Geneva the French Code of Commerce is in force, since 1857. In Vaud the French code is generally received as written reason. A law on bills of exchange was passed on the 4th June, 1829. At Berne and Friburg, the German common law is generally observed, but the law on bills of exchange, of the Canton of Vaud, is also in force at Friburg. At Neufchâtel, a code of commerce was published in 1843. At Basle there are many laws of commerce. There is an ordinance on bankruptcy of 1719, modified by several more recent laws. There are two ordinances on brokers, of 1801 and 1817, and an ordinance on bills of exchange, of the 14th December, 1808. At Soleure, the common law of Germany is received, and the ordinance of Basle, on bills of exchange. At Lucerne, the common law of Germany prevails, but the civil code contains many regulations affecting commercial law. A law was published on the 11th October, 1832, on the register of mercantile firms, and the ordinance of St. Gall, on bills of exchange, is in force here. At St. Gall, the

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