Appendix IV. 195 



common law of England and abolishing the Roman-Dutch law " except as 

 to certain subjects which are to be dealt with by Ordinance," they referred 

 to the difficulty of their task " in view of the hitherto uncharted 

 character of the territory " (of the local common law), and proceeded to 

 examine the position of sundry British Colonies in which, at some time, 

 foreign law had been in force, and the method adopted by them for the 

 purpose of introducing English law in its place — without, however, find- 

 ing any very helpful precedent. After deprecating " the introduction in 

 bulk of a large number of English statutes among a population un- 

 acquainted; as a whole, with the older English legislation," and unani- 

 mously endorsing the view of the Common Law Commission as to the 

 inadvisability of introducing the English Law relating to immovable 

 property (including mortgages and servitudes thereof), they proceeded to 

 state the practical conclusions at which they have arrived. With a view 

 to creating, if possible, " a starting point " for dealing with the situation, 

 they urged the passing of an Ordinance in terms of a draft annexed to 

 their Report. This Ordinance, which was described as a " fundamental 

 law " and was, in fact, a revised and considerably enlarged version of the 

 Bill annexed to the Commission's Report, was entitled " An Ordinance to 

 codify certain portions of the Roman-Dutch Law of the Colony, and in 

 other matters to substitute the English Common Law and Principles of 

 Equity along with certain English Statutory Provisions for the Roman- 

 Dutch Law." The short title was " The Civil Law of British Guiana 

 Ordinance, 1916." It was a remarkably comprehensive and variegated 

 piece of legislation. Its effect can best be described in the words of the 

 Committee's Report, at page 7 : 



[It] (a) abolishes the Roman-Dutch law ; 1 (6) introduces the English com- 

 mon law except as to real property ; (c) places movable and immovable property 

 under the English law of personal property, except as to seven specified points ; 

 (d) adopts a form of the Prescription Act, 1832, and the Real Property Limita- 

 tion Act, 1874, and vests the foreshore in the Crown ; (e) codifies the law of 

 intestate succession along the lines of the Statute of Distribution, 1670. . . 

 and Intestates' Estates kct, 1890, modified in favour of the equality of males 

 and females and the rights of illegitimates as recommended by the Common 

 Law Commission ;(') deals with wills, charities and gifts in accordauce with 

 the Wills Act, 1837, and other English statutes, adapting the Thellusson Act, 

 1800, and the Accumulations Act, 1892, and including by reference the 

 preamhle to 43 Eliz. c. 4 as regards charities ; (g) preserves the Roman-Dutch 

 legitimation per subsequens matrimonium, and abolishes the annus luctus, kesio 

 enormis and the Roman-Dutch "exceptions" of excussiou and division, and 

 similar pleas ; (h) incorporates the Trustee Acts, 1893 and 1894, the Habeas 

 Corpus Act, 1679, the section of the English Judicature Act, 1873, making 

 choses in action assignable, the Slander of Women Act, 1891, and 3 & 4 Will. 

 IV. c. 41, s. 52, giving a right of action against executors for injuries to pro- 

 perty by the deceased for six months prior to the death, and (t) adopts the 

 principles of the Lunacy Act, 1890, by giving the Supreme Court control over 

 the persons and property of lunatics. 



1 This requh'os some qualification, as we shall soe presently. 



