See also:law, a formal announcement (royal proclamation), made under the
See also:great seal, of some
See also:matter which the
See also:king in council desires to make known to his subjects: e.g. the declaration of war, the statement of
See also:neutrality, the summoning or dissolution of parliament, or the bringing into operation of the provisions of some
See also:statute the enforcement of which the legislature has
See also:left to the discretion of the king in council . Royal proclamations of this character, made in furtherance of the executive power of the
See also:Crown, are binding on the subject, " where they do not either contradict the old
See also:laws or tend to establish new ones, but only confine the execution of such laws as are already in being in such manner as the
See also:sovereign shall
See also:judge necessary " (
See also:Blackstone's Commentaries, ed .
See also:Stephen, ii . 528; Stephen's Commentaries, 14th ed . 1903, H . 5o6, 507;
See also:Dicey, Law of the Constitution, 6th ed., 51) . Royal proclamations, which, although not made in pursuance of the executive
See also:powers of the Crown, either
See also:call upon the subject to fulfil some
See also:duty which he is by law bound to perform, or to abstain from any acts or conduct already prohibited by law, are lawful and right, and disobedience to them (while not of itself a misdemeanour) is an aggravation of the offence (see
See also:charge of Chief
See also:Cockburn to the
See also:jury in R. v . Eyre (1867) and Case of Proclamations 161o, 12 Co .
See also:Rep . 74) . The Crown has from
See also:time to time legislated by proclamation; and the Statute of Proclamations 1539 provided that proclamations made by the king with the assent of the council should have the force of statute law if they were not prejudicial to " any
See also:inheritance, offices, liberties, goods, chattels or
See also:life." But this enactment was repealed by an
See also:act of 1547; and it is certain that a proclamation purporting to be made in the exercise of legislative power by which the sovereign imposes a duty to which the subject is not by law liable, or prohibits under penalties what is not an offence at law, or adds fresh penalties to any offence, is of no effect unless itself issued in virtue of statutory authority (see also
See also:ORDER IN COUNCIL) . The Crown has power to legislate by proclamation for a newly conquered
See also:country (Jenkyns,
See also:Rule and Jurisdiction beyond the Seas); and this power was freely exercised in the
See also:Transvaal Colony during the
See also:Boer War of 1899-1902 .
In the British colonies, ordinances are frequently brought into force by proclamation; certain imperial acts do not take effect in a colony until there proclaimed (e.g. the
See also:Foreign Enlistment Act 1870); and proclamations are constantly issued in furtherance of executive acts . In many British protectorates the high
See also:commissioner or
See also:administrator is empowered to legislate by proclamation . In the old
See also:system of real
See also:property law in England, fines, levied with " proclamations," i.e. with successive public announcements of the transaction in open
See also:court, barred the rights of strangers, as well as parties, in case they had not made claim to the property conveyed within five years thereafter (acts 1483–1484 and 1488–1489) . These proclamations were originally made sixteen times, four times in the
See also:term in which the
See also:fine was levied, and four times in each of the three succeeding terms . Afterwards the number of proclamations was reduced to one in each of the four terms . The proclamations were endorsed on the back of the record . The system was abolished by the Fines and Recoveries Act 1833 . (A . W .
PROCIDA (Gr. Ilpoxi ro, Lat. Prochyta)
PROCLUS, or PROCULUS (A.D. 410-485)
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