The Abolition of Roman-Dutch Law in British Guiana. 95 
hard that “ Roman-Dutch Law ” should be made to bear the blame. It 
may be pertinent to add here that another prominent supporter of the proposed 
change has stated that the introduction of “the entire commercial law of 
England ” is an additional argument in favour of altering the law in other 
respects. If that is so, the Commercial committee of the Society will noc have 
to concern themselves with many of the delinquencies or shortcomings of 
Roman-Dutch Law. 
A few remarks on the system that we have as it is administered in another 
colony may be of interest. For some nine years prior to my transfer to this 
colony I had some little practical experience in South Africa with the law as 
it exists there. The inroads and encroachments on the system have gone 
much further here than there, but I have no hesitation in saying at once that 
the law as it exists and as it is administered there, fully satisfies all classes and 
interests in the community. The following is an extract from the introduction 
to Advocate M. Nathan’s book, published afew vears ago on the “ Common 
Law of South Africa,” and it so admirably expresses what I wish to say that 
I may be excused for making use of it to some length : “ The Roman-Dutch law 
“is practically the Roman law, gradually adapted to the growing needs of a 
“modern community ; and the Roman law is the basis of the jurisprudence 
“of most modern countries where it has been found to work admirably. 
“ During a working experience in South Africa of a century under Biitish rule, 
“the Roman-Dutch system has fvlfilled all that could reasonably be expected 
“ of it. There is no reason why it should not remain to the end of time. In 
“matteis for which it does not provide (such matters mainly as Roman 
“lawyers were never called upon to deal with practically) the English lw 1s 
“invoked for decision, and hitherto the two systems have not clashed. 
“Modern commercial usages have evoked and evolved a peculiar and special 
* code of rules known collectively as English Commercial Law. In connection 
‘“ with such usages it would be manifestly absurd to apply the Romanlaw. Put 
“for all the personal everlasting relationships of life the great Roman and 
© Roman-Dutch lawyers made provision, and modern experience has shown 
“how equitable were the rules which they laid down and enforced.” 
Another extract from the notes of one who was one of South Africa’s men of 
mark, namely Juage Watermeyer, of whom it is well said “ His life was indeed a 
creat gift to South Africa, and it remains still not only a memory but a power, ” 
has direct bearing on this point. For those here to whom his name may be 
unknown it may be well to state that he was a Doctox of Civil Law in Holland, 
and an Nnglish barrister who became a Judge in Cape Colony at the age uf 31 
and died at the early age ot 43. In his “ Notes on the Roman Law in this 
Colony ” we read : 
“ When in 1652 this Colony became « colunial possession of the Dutch Hast 
“india Company, the law of Holland became the Colonial law...... general 
“legal principle was sought only where for centuries Europe had found it, in 
“the Roman law, this being modified only, by the special enactment of the 
‘Mother country. Such was the state of the law on the cession of the Colony 
“to England in 1815; and it is the state of the law now. Vast improvements 
