254 Tirnehri. 



the administration of Sir William des Voeux. The Criminal Law and 

 Procedure followed the English models. 



The history of the law of Trinidad is much less simple. When 

 the island was captured in 1797 it had a considerable Spanish population 

 with a full equipment of laws and courts of justice. Of this a most 

 interesting account is given by Mr. C. Reis in the ''Journal of Com- 

 parative Legislation"' for January. 1914. A review of the present 

 position by Mr. Gollan, the learned Attorney General for Trinidad, is 

 published in an appendix to the Common Law Commissioners' Report. 

 Although the Spanish law of Trinidad was not specially stipulated for 

 by the Treat)' of Capitulat'on, it was conceded by the British authorities 

 in a subsequent circular and undoubtedly remained the law of the colony 

 for at least half a century. In 1844 the English Common law in criminal 

 easts and in 1848 the English civil procedure were introduced. The 

 Ordinance of TS4<S appears to have given rise to a singular misconception 

 of its purport. It is merely a procedure Ordinance, but has been fre- 

 quently taken to imply the wholesale introduction of English common 

 and statute law into Trinidad. It would appear that subsequent to this 

 date Spanish law has been altogether ignored. However defective the 

 statutory basis of the change. Spanish law has been completely sup- 

 planted in practice owing to the activity of the Legislature in introducing 

 English statutes and to the unimpeded influence of the Judge-nnvie law 

 of Courts acquainted only with English law and procedure. Unlike the 

 case of British Guiana there is neither duality of system nor fusion. As 

 Mr. Reis points out. the Spanish law has been wholly displaced except as 

 to a few matters previous to 1846. These govern the construction of 

 deeds and the disposition of property by will before 1844, the forms of 

 wills before 1845, the institution of the heir, succession, intestacy, and 

 the rights of illegitimates as next of kin of their mother before 1846. 

 Needless to say. they seldom interrupt the current of English juris- 

 prudence as administered by the Trinidad Courts. Mr. Gollan is clearly 

 right in thinking that it will be advisable to consider the introduction of 

 a statute removing Trinidad from the somewhat anomalous position of 

 being a colony without any common law except one which dropped out 

 of public recollection nearly three-quarters of a century ago but which 

 has never been specifically abolished. If this is done in the near future 

 British Guiana and Trinidad will start their careers as colonies under the 

 English Common law almost on a footing of equality.* 



The idea of a West Indian Appeal Court is not a new one and has had 

 many vicissitudes. One of the chief obstacles to its realization until a 

 few years ago was the reluctance of one of the most respected of the 

 ( Jhief Justices in these colonies tu face the supposed dangers and the 

 very real inconveniences of travelling by intercolonial steamers. The 

 inconveniences no longer exist, as the present steamers are (lean aud 



*Note.-— fcjince the above was written Trinidad has taken steps to deal with this 

 situation and is also amending its Indicative Ordinance to enable appeals to he heard by 

 two independent Judges on the lines of the new British Guiana Supreme Court Bill. 

 The two colonies arc therefore luovinir ou similar lines in these matters. 



