The Question of the Bahama Jurisdiction Over the Turk's Islands: Discussed in a Letter to the Assembly of the Bermuda Or Somer's Islands

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Harding, 1803 - Turks and Caicos Islands - 91 pages
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Page 50 - I always mean the King without the concurrence of Parliament,) has a power to alter the old and to introduce new laws in a conquered country, this legislation being subordinate, that is, subordinate to his own authority in Parliament, he cannot make any new change contrary to fundamental principles...
Page 60 - F governments, that our loving fubjects fhould be informed of our paternal care for the fecurity of the liberties and properties of thofe who are, and fhall become, inhabitants thereof; we have thought fit to publifh and...
Page 47 - I have myself taken it to be established in point of law, that though the record be not produced, nor any proof adduced of its being lost, yet, under circumstances, it may be left to the consideration of a jury, or of a court of equity, if the...
Page 34 - ... lands, countries, iflands, colonies, and dominions whatever, fituated in the Weft Indies, or in any part of America, which the faid King of Great Britain, and his fubjects, do at this prefent hold and...
Page 65 - Indies, except only fuch duties as it may be expedient to impofe, for the regulation of commerce; the net produce of...
Page 60 - Whereas it will greatly contribute to the speedy settling our said new governments, that our loving subjects should be informed of our paternal care for the security of the...
Page 47 - I held, that though such possession and enjoyment could not conclude as a positive bar, because there was no Statute of Limitation against the crown, yet it might operate as evidence against the crown of right in the defendant, if the claim could have a legal commencement, though such commencement could not be shown. In questions of this kind...
Page 67 - to the Right Honourable the Lords of the Committee of Council for trade and foreign plantations...
Page 60 - We therefore think, that by the two proclamations and the commission to Governor Melville, the King had immediately and irrecoverably granted to all who were or should become inhabitants, or who had, or should acquire property in the island of Grenada, or more generally to all whom it might concern, that the subordinate legislation over the island should be exercised by an assembly with the consent of the governor and council, in like manner as the other islands...
Page 41 - But now, in cases of this kind, of two great territories held of the Crown, I will say, once for all, that long possession and enjoyment, peopling and cultivating countries, is one of the best evidences of title to lands or districts of...

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