years, it becomes the law of the island. It is presumed, with great deference to the practice of the Secretary of State's office, that the latter mode is preferable, both in principle and in policy. Silence is a stronger proof of acquiescence than of denial; and it would be a difficult point to maintain, in a legal view, that submission in silence, to the claim of a right, was a denial of that right. However, an order of council was made on the 15th day of January 1800, declaring, that in future, in all cases, when his Majesty's confirmation should be necessary to give validity and effect to any act passed in the colonies, unless his Majesty's confirmation should be obtained within three years from the passing the act, it was to be considered as disallowed. Since this communication, there can be no doubt on the subject. But it is to be observed, that his Majesty's confirmation is not necessary to give validity to all the acts of the colonial legislature, but such only as contain a clause suspending their operation until his Majesty's pleasure be known; although his

Majesty may disallow any act, according to his royal will. The rule respecting the statute law of Great Britain, is, that all acts of Parliament, up to the cession of the island in 1763, which are applicable to the colonies, are in force in the colony. From that period when the island was invested with a legislative capacity, those laws only, in the British code, which are specially extended to the colonies, are considered as being effective. But care has been taken to guard against innovation, by the statute of 8 and 9 Will. III. c. 22. s. 9, which declares, "that all laws, by-laws, usages, or customs, in practice in the plantations, contrary to, or in anywise repugnant to any law made, or to be made, relating to and mentioning the plantations, to be null and void." And his Majesty's instructions also restrain his governors from passing any acts contradictory to the laws of Great Britain. However, there are numerous provisions in the British code which are not binding in the colonies; such as the statutes relating to bankrupts, police, game, tithes, poor laws,

and many others. Lord Mansfield declares, “it is absurd, that in the colonies they should carry all the laws of England with them; they carry only such as are applicable to their situation (a)." And in a late case, before Sir William Grant, the master of the rolls, it was decided, that the statute of mortmain (9 Geo. II.) was not in force in the colony of Grenada, his honour considering the statute wholly political, having grown out of local circumstances, and being intended to have only a local operation (b). Lands are commonly held in fee-simple. Previous to 1763, the island was occupied by French settlers; and, on the cession to Great Britain, the government, fearful of the cultivation being abandoned, granted them leases of their estates for different periods; from seven, to as long a term as ninety years, renewable, on a fine, in proportion to the quantity of land. The lessees were also subject to a quit-rent of one shilling and sixpence an acre, and were bound to reside in the island. In 1775, the commissioners

(a) State Trials, xx. 289. (b) 2 Merivale's Rep. 143.

appointed by his Majesty for the survey of the islands granted many lands in fee, and permitted the conversion of leasehold into freehold by purchase. This was also done by Governor Morris in 1777 and 1779. When the island was captured, Monsieur Du Montet, the first French governor, demanded a dollar an acre from the lease

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holders, for which he granted an amortisement. This also rendered the land freehold. It has been decided in the court of Chancery, and confirmed upon appeal, that a forfeited leasehold is equal to freehold, as a purchase or amortisement is to be presumed. After the defeat of the Charaibs, the lands occupied by them were sold by the crown; and grants in fee passed under the great seal, subject to a quit-rent of sixpence an acre. Out of the purchase money, government granted the sum of £10,000 currency, to assist the colony in building a church; which was finished in 1820, at an expense of about £40,000 currency.

b