Online Encyclopedia
Make a correction
Your email address will not appear on the site. Note, comments may take some time to be approved.
Back to article:
BRITISH POSSESSIONS
Your email:
Article name:
Article content:
BRITISH POSSESSIONS.—The Judicature Acts of most of the Colonies have also adopted English Law. Parts of the French Code de procedure civile are still in force in Mauritius. But its provisions have been modified by local enactment (No. 19 of 1868) as regards realty, and the rules of the Supreme Court 1903 have introduced the English forms of writs. Quebec and St Lucia, where French law formerly prevailed, have now their own codes of Civil Procedure. The law of execution under the Quebec Code resembles the French, that under the St Lucia Code the English system. In British Guiana and Ceylon, in which Roman Dutch law in one form or another prevailed, the English law of execution has now in substance been adopted (British Guiana Rules of Court, 1900, Order xxxvi.)., Ceylon (Code of Civil Procedure, No. 2 of 1889) ; the modes of execution in the South African Colonies are also the subject of local enactment, largely influenced by English law (cf. the Sheriffs' Ordinance, 1902, No. 9 of 1902), (Orange River Colony) and (Proclamation 17 of 1902), Transvaal (Nathan, Common Law of South Africa, vol. iv. p. 2206) ; and generally, Van Zyl, Judicial Practice of South Africa, pp. 198 et seq.