By the act of the injured party. Recaption.

Entry. Abatement of nuisance. Distress... 422

DUTIES OF THE DISTRICT JUDGE AND CONTEMPT OF COURT, 458

THE

INSTITUTES OF THE LAWS

OF

CEYLON.

BOOK THE FIRST.

CHAPTER I.

INTRODUCTION.

CEYLON is what is termed a " crown colony;" that

is, it is a dependency of the British Crown, obtained by
conquest and cession: the Maritime Provinces by con-
quest, and the Kandyan Kingdom by cession. The laws
in force respectively in the Maritime Provinces and
Kandy, at the times of the conquest and cession, remain,
except where changed by competent authority; the
laws of a conquered or ceded country remaining in
force until altered by the conqueror or acquisitor.
And the common law of England, as such, has no allow-
ance or authority in Ceylon; even to this extent, that the
Queen herself can only recover her own debts in accord-
ance with such laws.
"It is impossible that the laws
of England, by mere conquest or cession without more,
should take place in a conquered or ceded country;
because for a time there must want officers, without

B

Ceylon as a pendency.

British De

The Supreme
Power in
Ceylon.

which, English laws could have no force. Even in an infidel country, their laws do not cease by conquest, but only those opposed to the law of God; and where their laws are rejected or silent, the conquered or ceded country is governed according to natural equity. (Blanchard v. Galdy, 2 Salkeld, 411. Per Lord Mansfield, Campbell v. Hall; Cowper, 209; Rex v. Vaughan, 4; Burrows, 2500; Chalmers, Op. I, 38; Steph. Com. I, 99.)

The supreme executive and legislative power in Ceylon is vested in the Sovereign of Great Britain and Ireland: the Queen, in fact, possesses an exclusive prerogative over Ceylon, and may change and remodel the whole or part of its laws and form of government, and may govern it by regulations framed by herself (Chitty on Prerogative, 29); but only on the principle that her dominion is in right of her Crown, and is necessarily subordinate to her own authority in Parliament. Thus Her Majesty cannot make any new changes contrary to fundamental principles, nor exempt the inhabitants from the power of Parliament; nor legally disregard the articles on which Ceylon was surrendered or ceded; such articles being inviolable according to their true intent. (Idem.)

The political and military administration is thus vested in the Sovereign, who executes the Law by means of a Governor appointed by her, in Her own name, and by executive and judicial officers acting under the Crown. But though the Queen has, in Ceylon, the above power to alter the laws as an absolute sovereign, she is bound

to administer the laws as they are at any given time established. (7 Rep. 17; Bla. Com. I, 107-8.)

The Crown the Supreme

The Crown, as the supreme legislative authority in Ceylon, has the above qualified power to impose any law Legislative Authority. or laws upon the colony. (Chalmers, Op. I, p. 267.) This legislative power has frequently been directly exercised in Ceylon. Once the legislative power was delegated to the Governor alone, then to the Governor and a Council, and now to a Governor, an Executive, and a Legislative Council. Ever since the establishment of the latter, the scope of its authority has been from time to time altered and extended. It is quite competent to the Crown to sweep this latter system away, and to govern, legislate, and fundamentally to change the terms of its authority.*

The Crown has indeed legislated in a direct manner by Charters of Justice; by which it has, under the great seal, established Courts, and directed their proceedings. It retains, by a special proviso, the power to repeal or alter these Charters at pleasure; and alterations have been made in them at very recent periods.†

The Legislative Council is not a permanent institution, but is in effect often reconstituted, and not always with identically the same powers. With every commis

There can be no doubt that the Queen may alter the constitution of a colony, when such constitution has not been granted by charter, and is not founded on, or fixed by, any legal and confirmed act of colonial assembly, but merely by her Majesty's instructions to the Governor. (halmers Opinions, I, p. 267.)

The last was on the 22nd of June 23rd Vict.), 1860.