Monday, September 28, 2009

British Period

Proclamation of 1799

Justice should be administered in the maritime provinces according to the laws and institutions subsisted under ancient Govt. of Neterlands subjected to changes as might be made by 'lawful authority'

Application of Dutch laws during British period

  • The laws of a mother country enacted before the establishment of a colony automatically apply in the colony even if they were not formally introduced into the colony. (Old statutes of Batavia)
  • General statutes of the mother country enacted after the establishment of a colony did not apply without clear evidence as to the reception of such statute. (Karonchihamy V. Angohamy)
  • Whole body of Dutch laws were never introduced to Ceylon but only laws that were suitable to local needs and circumstances were introduced (Karonchihamy V. Angohamy)
  • Dutch Statutes which had not been disticndly rocognised and are inconsistent with reasonable practice in the colony had been abrogated by disuse (Silva V. Balasuriya)
Colonial law Principles (Campbell V. Hall)
  • Laws and institutions in a colony should continue
  • These laws applied equally to all persons and properties within the colony.
  • English law should be introduced only if a colony was uninhabited or in a 'primitive ' state.
  • English law introduced in such event was so much of English law as was applicable to the situation and conditions of the colony
  • Indigenous laws which are considered to be barbarous to the English pricniple of natutal justice were treated ipso facto abrogated.

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