Some Lines of Progress. 21 
ct 
SUPERFLUOUS AND ANTIQUATED. 
In this colony we have a small population very mixed in race and colour but 
overwhelmingly British in its attachments and traditions. It certainly has no 
special sentimental affection for the Netherlands of 1815 or its legacies. The 
Dutch families could never have been very numerous and have entirely dis- 
appeared as such. That stubborn breed has never endured the predominance 
of another race. Roman-Dutch law, however, continues by virtue of the terms 
of the capitulation of 19th September, 1807:—‘** The laws and usages of the colony 
shall remain in force and be respected, the mode of taxation now in use adhered 
to, and the inhabitants shall enjoy the public exercise of their religion in the same 
manner as before the capitulation. No new establishments shall be introduced 
wihout the consent of the Court of Policy and the Legislature of the Colony.” 
The reference to the sovereign law-making authority of the Court of Policy and 
Legislature shows that no proposalwas being made, even had such a Medean and 
Persian requirement been possible, to impose an unalterable system of common 
ov other law upon the newly-conquered colony independently of the local parlia- 
ment. 
ENCROACHED ON BY THE ENGLISH STATUE AND Common Law. 
Great inroads have been made on this common law from time to time: 
English Crimina' Law, the law of Evidence, Libel, Bills of Exchange, Insolvency, 
Insurance, Merchant Shipping and other Ordinances on the English model have 
succeeded one another. Our Company Ordinance of 1898 reproduced the English 
legislation up to that date and the English Consolidating Act of 1908 will 
shortly, I hope, appear upon our statute book. Even that historic Teutonic 
graft, community of goods, has been abolished by the Married Persons Property 
Ordinance of 1904 amended by a later Ordinance to give women part at all 
events of the benefit of the English law of intestacy in place of those ancient 
privileges just swept away. The colony does not as yet know that eminently 
British institution, the Suffragette, or many members of the Court of Policy 
vould have been ban<ed over the head with parasols ere now for their disregard 
o the vested interests of women in the course of this legislation. 
But while much has gone from the Roman-Dutch domain much remains’ 
Reman-Dutch law may be seldom quoted in the Courts and, as in South Africa 
itslf, English authorities and precedents may tend more and moe to have 
weght with judges and lawyers to its exclusion, but it remains as an element 
of mcertainty and confusion. It increases the work of both judge and coun- 
sel. It wastes ‘ime and isa source of expense. It is superfluous and antiquated. 
An :cademic opinion of Voet, a University professor of the 17th century, may 
outveigh the dictaor judgments emanating from the wisdom and practical 
expeience of judges like Russell or Halsbury after the world’s commerce and 
the liw merchant have p ogressed for three hundred years. 
In SoutH ArricA AND CEYLON. 
Eva in South Africa Roman-Dutch common law has been found inadequate 
by itsdf and the courts have largely drawn upon the vast resources of the English 
comm law, The law of agency has been borrowed in its entirety. In Ceylon 
