Intestate's, personal estate in England, and in the plantations, liability
and application of, 64.

mulatto, in the Bahamas, dying intestate, withont relations,
one moiety of his estates goes to the crown, the other to his wife,
150.

See titles Administration and Administrator.

Judges, empowered to issue their precept to freeholders, where a justice
of the peace has resigned, and freeholders disobeying, may be pun-
ished in a summary way, by rule of court, with fine and imprisonment,

474.

commission of, not revocable without misbehavior, 491.

Jus Postliminii, after a war, reverts to creditors, relative to debts con-
tracted before the war, 633.

Justices of peace are to act according to the laws of England, 537, 538.
and offences against them are punishable by fine and

imprisonment, 537.

their power is restrained to criminal matters, mention-

ed in their commission, 538, 541.

K.

King, his ecclesiastical authority abroad, 41.

his prerogative cannot be lessened or taken away, by general words,
but only by express terms, 55, 135, 139.

his civil authority abroad, 65.

where a governor has committed a forfeiture, the king may, though
it has not been found by inquisition, constitute another governor, and
his authority will be legal, 66.

upon an extraordinary exigency, he may resume the government
of any province, or colony, and constitute a civil and military govern-
or thereof, 67.

but such governor cannot alter any of the rules of property, or
methods of proceeding in civil causes, ib.

he may receive a surrender of the powers wherewith the proprie-
tor and governor of a provinec is invested by grant from the crown,
67, 69, 72.

his authority over Guernsey and Jersey, 88.

his right to grant ceded lands, 105.

his right to a moiety of an intestate mulatto's estate, and to treas-
ure trove in the Bahamas, 150.

King, no prescription against, where a colony has been gained within
time of memory, 150.

his power of taxation, 158.

may, under the great seal, direct duties to be levied for goods ex-
ported from conquered parts, 159.

may. by virtue of his prerogative, make laws that will bind places.
obtained by conquest, ib.

may take off unappropriated duties, 160.

his grants, 160; and see title Grants.

his power to resume granted lands, where the conditions of the
grant have not been fulfilled, 167.

his remedy, where grantees hold more land than the words of the
grant warrant, and where the grants are voidable, 174, 175.

may, by virtue of his prerogative, establish courts of equity in the
plantations, 195.

and courts of exchequer, 484.

and criminal courts by commission under the great seal, but not
otherwise, 542 to 544.

should, after a surrender by trustees, of a charter for establishing
a colony, issue a proclamation under the great seal, in order to au-
thorize officers to continue in the exercise of their offices, until a new
government is established, 198.

has always exercised the right of calling and continuing assemblies
in the colonies, when, and as long as it was necessary for the public
service, 200.

whether his prerogative under the stat. 21 James I. c. 3, concern-
ing monopolies to grant patents to first inventors, extends to the plan-
tations doubtful, 214.

may, under the great seal, give powers to governors for doing all
acts which belong to him by his prerogative, 230, 231.

in legal proceedings, an appeal lies to the king in council, 230.
effect of his death upon his patents and commissions, 234.

And see titles Patents and Governors.

his prerogative, in relation to general assemblies, 239, 259.

his prerogative in the West Indies is that power, which, by the
common law, he could rightfully exercise in England, 239.

his powers of summoning and proroguing parliament, 240.

by his death his commissions cease, and general assemblies are
dissolved, 252, 253, 238.

King, but as to the dissolution of assemblies, see conora, 302 to 320
and acts done under commissions after his death, but before notice
of it, are good, 307.

-

may, by instructions to his governor, alter the right of representa-
tion, where it was founded on instructions, if there have been no act
of assembly approved by him to the contrary, 269, 273, 275.

as a province increases, he may erect towns and counties, and give
them the privilege of choosing representatives, 292,

his name in acts of assembly unnecessary, 310.

his writ of summons is necessary for the convention of an assem-
bly, 327.

taxes should be granted to the king, his heirs, and successors, 360.
bonds to the king, have the effect of judgments, 362.

his prerogative cannot be affected by any act of assembly, 376.
ought not (on account of the final appeal) to interfere in a case be-
tween party and party, 480.

cannot, by law, direct the rehearing of a cause, 499.

may allow an appeal in cases of any value, ib.

may grant a nolle prosequi, in prosecutions for duties charged by
an act of assembly, 491.

cannot by his letters patent make bonds assignable, or make things
personal descend to the heir, 576.

where commissioners are appointed for the trial of capital offences,
he may instruct the governor to carry their sentence into execution, 544.
cannot enforce regulations contrary to act of parliament, 546.
may prohibit his subjects from going out of the realm without li-
cense, 547.

and may command their return, 553, 554, 555.

may, on special occasions, and for state reasons, restrain particular
subjects from an uncontrolable liberty of trading, 549 to 554.

may make laws in plantations, inhabited by his subjects, with his
permission, 582.

cannot, by treaty, make his subjects liable to other punishments,
than they are subject to by the laws of the country. 623.

Laws of nations, 612.

L.

Laws, passed after the sale of a province, but before notice of such sale,
are valid, but not after notice, 244, 312.

Legislature should not interfere in matters of private right without the
greatest necessity, but should leave them to the legal course of jus-
tice, 357, 358.

Licentiate Lawyers, objections to, 392.

Lieutenant-governor, may be indicted, and tried in the king's bench,
under the act for punishing governors of plantations, for offences com-
mitted in the plantations, 260, 644.

whether subject to the penalty under the 7th and

8th Wil. III. for regulating abuses in the plantation trade, quære, ib.
Logwood, carriage of, from Honduras to Venice, 563.

London, bishop of, is diocesan of the colonies, 42.

Lunatics: see title Idiots.

M.

Man, Isle of, custom house officers cannot, by qirtue of their office,
make seizures in; but under the 7th Geo. I. they may, as common
persons, make seizures for importations there contrary to that act, 214.
Manufactures, what machines or tools used in, are prohibited from ex-
portation, 560.

Marshal is the proper officer in the colonies, to whom warrauts should
be directed, 363.

Martial law, proclamation of, does not suspend the execution of the leg-
islative authority, nor is the ordinary course of law and justice sus-
pended any further than is necessary to answer the military service of
the public, and the exigencies of the province, 269.
Maryland bill, observations on the clauses in, and objections to, 264.

"act for the establishment of religious worship, according to
the church of England," valid, notwithstanding the king's death; and
sheriffs might execute for the 40lbs. of tobacco, established by that
act, for the maintenance of ministers, 299 to 320; contra, 320 to 332.
act of recognition of queen Anne, by the assembly of, deemed

improper, 332.

suspending act in force for eighteen months, or until the queen
should declare her pleasure, but could not be continued longer, 349
Massachusett's Bay, establishment of a court of equity in, 194.

construction of their charter, as to the time allowed
to the king for the approval or repeal of their acts, 338.

Merchants abroad, refusing offices necessary to support the society, are
debarred of all privileges, and of the protection of the consul, 588.

Minorca, with algiers, observations on the report relating to the trade
of, 623.

Monopolies, doubtful whether stat. 21 Jac. I. c. 3. concerning, extends
to the plantations, 214, 581.

action will not lie upon that statute for seizing goods of the

African company, 580, 581.

Murder, persons guilty of, in the colonies, may be tried under a com-
mission issued into any county in England, 210.

N.

Naturalization act of, by assembly of a province, effect of, 332.
-such an act deemed proper, 333.

-without license, will not discharge a natural-born subject

from his allegiance, 645.

Naval stores, importation of, from foreign parts, by merchants for the
use of the navy, prohibited by stat. 14 Ch. II. for preventing frauds,
and regulating abuses in the customs, but such stores may be import-
ed in king's ships, for the service of the navy, 567.

-carriage of, by a nation in alliance with another, to the enemy
of the latter, is against the laws of nations, 621.

Navigation, act of, liberty to aliens to trade is against, 561.

-privileges of trade proposed to be granted to the Spaniards,
against, 562.

Trading of Spanish ships to the British islands, is against, 567, 573.
Neutral ships; see Trade.

Neutrality, treaty of, with France: see Trade.

Newfoundland, act for encouraging the Greenland fishery, does not ex-
tend to, 536.

-trade, by 10 and 11 Wm. III. is a free trade, and not taxa-
ble for building a prison, 537.

-powers of justices of peace there, ib.

-objections to articles between Great Britain and France re-
specting the trade, as contrary to 10 and 11 Wm. III. 545.

New Jersey, construction of the king's commission, and instructions to
the governors of, with respect to his power of pardon, and suspending
process, or stopping proceedings in cases of high treason or murder,
201.

-recommendation of the "act for ascertaining the places of
the sitting of the representatives to meet in general assembly," 445.