When this Court assembled but once in several years, its extraordinary jurisdiction was in some measure excused by the rare exercise of its powers; but when it meets so often as it has of late years in the West Indies, it affords a just ground of Legislative interference. Having treated of the several Courts, it will now be necessary to make a few observations upon the Laws of the country. The Law of the Province is divisible into three parts. 1s. the Common Law of England. 2d. the Statute Law of England. 3d. the Statute Law of Nova-Scotia. A minute consideration of each would be foreign from the design of this work, but the subject is too interesting to be altogether passed over. I shall therefore show in what manner the two first were introduced, the extent to which they apply, and the alteration made in them by the Local Statute Law.

Upon the first settlement of this country, as there was no established system of jurisprudence, until a local one was legally constituted, the emigrants naturally continued subject and entitled to the benefit of all such Laws of the parent country, as were applicable to their new situation. As their allegiance continued, and travelled along with them according to those Laws, their co-relative right of protection necessarily accompanied them.

The common law, composed of long established customs, originating beyond what is technically called the memory of man, gradually crept into use as occasion and necessity dictated. The Statute Law, consisting of acts, regularly made and enacted by constituted authority, has increased as the nation has become more refined, and its relationship more intri

cate. As both these laws grew up with the local circumstances of the times, so it cannot be supposed that either of them, in every respect, ought to be in force in a new settled country; because crimes that are the occasion of penalties, especially those arising out of political, instead of natural and moral relationship, are not equally crimes in every situation. Of the two, the common law is much more likely to apply to an infant colony, because it is coeval with the earliest periods of the English history, and is mainly grounded on general moral principles, which are very similar in every situation and in every country. The common law of England, including those statutes which are in affirmance of it, contains all the fundamental principles of the British constitution, and is calculated to secure the most essential rights and liberties of the subject. It has therefore been considered by the highest jurisdictions in the parent country, and by the legislatures of every colony, to be the prevailing law in all cases not expressly altered by statute, or by an old local usage of the colonists, similarly situated; for there is a colonial common Law, common to a number of colonies, as there is a customary common Law, common to all the Realm of England. With such exceptions, not only the civil but the penal part of it, as well as the rules of administering justice and expounding Laws, have been considered as binding in Nova-Scotia. In many instances, to avoid question, colonial statutes and rules of court have been made, expressly adopting them. Since the artificial refinements and distinctions incidental to the property of the mother country, the laws of police and revenue, such especially as

are enforced by penalty, the modes of maintenance for the clergy, the Jurisdiction of the spiritual Courts, and a multitude of other provisions, are neither necessary nor convenient for such a colony, and therefore are not in force here. The rule laid down by Blackstone is, that all Acts of Parliament, made in affirmance or amendment of the common law, and such as expressly include the colonies by name, are obligatory in this country. On the first part of this proposition there can be no difficulty, except as to determining whether a particular statute is in fact in amendment and affirmance of the common law or not, and whether any particular act of Parliament is applicable or not to the state of the Colony. The power of making this decision, a power little short of legislation, is and must be left with the Judges of our Local Courts, and on referring to the manner in which it has been exercised, there is little danger to be apprehended that an improper use will be made of it. Hence it is that the rights of the subject, as declared in the petition of rights, the limitation of the prerogative by the act for abolishing the Star Chamber, and regulating the Privy Council, the Ha. bæs Corpus act and the Bill of rights, extend to the Colonies. In the same manner do all statutes respecting the general relation between the crown and the subject, such as the Laws relative to the succession, to treason, &c. extend throughout the Realm.The difference between the local and general laws, or clauses of a law, may be illustrated by 13 and 14 of Charles II. c. 2. By that act the supreme military power is vested in the King without limitation ; this part of the act extends to all the Colonies, but the 44

VOL. II.

enacting clause respecting the militia officers applies to England alone. The other part of the proposition of Blackstone, that acts of Parliament are binding upon such Colonies as are expressly named therein, is not expressed with his usual accuracy, and must be understood with some very material exceptions. It is true that Parliament has declared, by act 6. Geo. III. c. 12, that it has the power to make laws and statutes of sufficient validity to bind the Colonies in all cases whatever. But it is plain, if it had not the power before, it is impossible the mere declaration could invest it with it. I have already observed that the true line is, that Parliament is supreme in all external, and the Colonial Assemblies in all internal legislation; and that the Colonies have a right to be governed, within their own jurisdiction, by their own laws, made by their own internal will. But if the Colonies exceed their peculiar limits, form other alliances, or refuse obediance to the general laws for the regulation of Commerce or external Government, in these cases there must necessarily be a coercive power lodged somewhere ; and cannot be lodged more safely for the Empire at large than in Parliament, which has an undoubted right to exercise it in such cases of necessity. It is in this manner the passage alluded to, in the commentaries, must be understood, which states those laws to be binding on the Colonies that include them by express words, and the English act of Parliament is generally received in the same sense. The system of jurisprudence is, from these circumstances, very similar in both countries; and as it is a fundamental principle in all the Colonies not to enact laws repugnant to those of England, the de

viation is less than might be supposed. The statute of distribution has been already alluded to and explained, and it may be added that, as respects wills, the same formality in execution, and the same rules of construction, as prevail in the parent state, are adopted here. For other peculiarities the reader is referred to various parts of this work, where they are incidentally mentioned.

CHAPTER VI.

Of the climate and diseases of Nova Scotia.

Very opposite opinions are entertained, even among ourselves, respecting the climate of NovaScotia. By some it is considered as in a progressive state of amendment, whilst by others it is thought to have undergone no material change, either as to its extreme degree of heat and cold, or the usual succession and nature of its seasons. In the absence