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justices, say by A. B. and C. D., Esquires, two of Our justices assigned as aforesaid (or if conviction, say all and singular records of conviction made, &c., whereby, &c. [here shortly describe the substance of the order or offence, &c., to be removed], as is said), be sent by you before Us, do command you, and every of you, that you or one of you do send forthwith under your seals, or the seal of one of you, before Us, in the King's Bench Division of Our High Court of Justice, at the Royal Courts of Justice, London, all and singular the said orders, [or records of conviction] with all things touching the same, as fully and perfectly as they have been made by you, or some of you, and now remain in your custody or power, together with this Our writ, that we may cause further to be done thereon what of right and according to the law and Custom of England We shall see fit to be done.

Witness, &c.

To be indorsed,

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By Order of Court [or of Mr. Justice

At the instance of the within-named Defendant [or as the case

may be].

This writ was issued by, &c.

No. 76.

WRIT OF CERTIORARI TO JUSTICES FOR DEPOSITIONS.

EDWARD THE SEVENTH, by the Grace of God, &c. [as in Form No. 1], to A. B. and C. D., Esquires, two of the keepers of Our peace and justice assigned to hear and determine divers crimes, trespasses, and other offences committed within Our county [or borough, or as the case may be], greeting: We, being willing, for certain reasons, that all and singular informations, examinations, and depositions taken or made before you, touching the commitment of E. F. to Our prison at in the county [or as the case may be] of

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charged with felony, [or misdemeanor] be sent by you before a Judge at Chambers, Do command you [or one of you] that you [or one of you] do send forthwith under your seals [or the seal of one of you] before such Judge as may be at Chambers at the Royal Courts of Justice, all and singular the said informations, examinations, and depositions, with all things touching the same, as fully and perfectly as they have been taken or made by or before you, and now remain in your custody or power, together with this Our writ, that we may cause further to be done thereon what of right and according to the law and custom of England we shall see fit to be done.

Witness, &c. [as in Form No. 1].

To be indorsed.

By Order of Court [or of the Honourable Mr. Justice
At the instance of the Defendant [if so].

This writ was issued by, &c.

].

No. 77.

WRIT OF CERTIORARI TO A CORONER FOR DEPOSITIONS.

of

EDWARD THE SEVENTH, by the Grace of God, &c., to A. B., gentleman, one of Our coroners of and for Our county [or borough, or as the case may be], greeting: We, being willing, for certain reasons, that all and singular informations, examinations, depositions, and inquisitions, taken or made by or before you on view of the body of C. D., then and there lying dead, and touching the commitment of E. F. to Our prison in Our , charged with feloniously killing and slaying the said C. D., be sent by you before a Judge at Chambers, do command you that you send forthwith under your seal before such Judge as may be at Chambers at the Royal Courts of Justice, London, all and singular the said informations, examinations, depositions, and inquisitions, with all things touching the same, as fully and perfectly as they have been taken or made by or before you, and now remain in your custody or power, together with this Our writ, that We may cause further to be done thereon what of right and according to the law and custom of England We shall see fit to be done.

Witness, &c. [as in Form No. 1].

Indorsement as in No. 76.

Cesser, proviso for.-In terms of years created by settlement for the purpose of securing portions, etc., given to the objects of the settlement, it was usual to introduce a proviso that the term should cease when the trusts of it were at an end or satisfied (as, for example, when the term was created to secure an annuity if the annuitant should die). This was called a proviso for cesser. Such terms are still in frequent use under the modern practice in strict settlements of real estate, for the purpose of securing annuities intended to be limited by way of jointure, and sums of money intended to be appointed by way of portions for younger children, but now, by the operation of the Satisfied Terms Act, 1845, 8 & 9 Vict. c. 112, any attendant term of years ceases and determines ipso facto as soon as its trusts are satisfied, and the proviso has become, unless under exceptional circumstances, unnecessary. [Sugd. V. & P., 14th ed., 621; ATTENDANT TERMS; SATISFIED TERMS.]

Cession of Territory.-The right of the inhabitants of the ceded territory to be consulted before the completion of the cession, has been the subject of humanitarian discussion, but international law places no restrictions upon the transfer by a State of any part of its dominions to another State. It should not, of course, affect private rights of property of the inhabitants, and it is usual to give them time, with or without conditions, to choose between the old and the new nationality.

No rules exist as to how the cession should be brought to the knowledge of third parties, but it seems clear that until the State to which the territory has been made over is in actual possession, the ceding State is liable for its proper government. Lord Stowell looked for a guiding principle to the private law of possession. It was a principle of

jurisprudence, he said, that the actual possession of a thing must be united to the right of taking possession before the right of property is complete, and as the practice of nations had been in conformity with this principle, the ceded country and its inhabitants continued to be under the dominion of the ceding country until possession should have been actually taken by the country to whom the territory had been ceded (The Fama, 1804, 5 Rob. C. p. 106).

The effect of the cession as regards treaties with other States concerning the ceded territory has not yet been authoritatively elucidated. The following are recent cases of cession in which Great Britain has been one of the parties:

Cession of Heligoland to Germany, Treaty dated July 1, 1890.
Zanzibar to Great Britain,

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July 1, 1890.
Oct. 24, 1885.

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[In a ceded (or conquered) colony, the law existing before the cession (or conquest) is usually presumed to continue until altered, and therefore forms the common law (Campbell v. Hall, 1774, 20 St. Tr. 239). "But it is necessarily affected by the introduction of the law of the conqueror, as regards administration, appellate jurisdiction, matters connected with the exercise of the sovereignty, or matters of universal policy, e.g. navigation or slave trade. Moreover, any laws contrary to the fundamental principles of English law, e.g. torture, banishment or slavery are ipso facto abrogated" (Jenkyns, British Rule and Jurisdiction Beyond the Seas, p. 6; Forsyth, Cases and Opinions on Const. Law, ch. 3).

In the latest cession of territory by Great Britain-that of Heligoland to Germany in 1890, parliamentary sanction was obtained. See 53 & 54 Vict. c. 32, and generally on this subject, the debates on the bill ratifying the Anglo-German agreement (Hansard, vol. 347, cols. 743 et seq.; Damodhar Gordhan v. Deoram Kanji, 1875-76, 1 App. Cas. 332; Parlement Belge, 1879, 4 P. D. 129; Walker v. Baird, [1892] A. C. 491. Hall, International Law, 5th ed., pp. 98, 99, 118.]

Cestui-que Trust.-See BENEFICIARY; TRUSTS.
Cestui-que Use.-See USES.

Cestui-que Vie.-See LIFE, ESTATES FOR.

Ceylon.-Early History.-Ceylon, an island in the Indian Ocean, was ruled from the fifth century B.C., when the Aryans invaded it from the valley of the Ganges, by the Sinhalese dynasty. Settlements on the west and south were established in 1505 by the Portuguese; these passed on May 11, 1656 (see "Articles of Capitulation," Revised Laws, vol. i. p. 1), to the Dutch, and on February 15, 1796, by conquest, to the British (see "Articles on Capitulation," ibid., p. 7). These provinces were then annexed to the Presidency of Madras, but in 1801 formed into a separate colony. The remainder of the island (the Kandyan territory) was ceded to Britain by a convention of March 2, 1815 (ibid., p. 63).

Constitution. The legislature now consists of the Governor, with an Executive Council and a nominated Legislative Council. See LettersPatent of March 19, 1833, providing for the establishment of the Legislative and Executive Council (St. R. & O. Rev., 1904, vol. i., "Ceylon," p. 26); and Letters-Patent of June 16, 1877, constituting the office of Governor (ibid., p. 26).

The Great and Little Basses Rocks were in 1891 annexed to the colony (ibid., p. 31); special dues are levied in respect of the lighthouses on these rocks and on the island of Minicoy (ibid., vol. viii., "Merchant Shipping," pp. 306-310). The Laccadive Islands are administered by the Governor of Madras in Council, under sec. 6 of Act No. 14 of 1874.

Courts and Law.-By Proclamation of September 23, 1799 (ibid., p. 1), the laws in force in the Dutch United Provinces were continued. See Le Mesurier v. Le Mesurier, L. R. [1895] App. Cas. pp. 524-526. The Supreme Court, originally constituted by Charter of Justice of April 18, 1801, was reconstituted on the Kingdom of Kandy becoming British territory by Charter of Justice, February 18, 1833 (St. R. & O. Rev., 1904, vol. i., "Ceylon," p. 3), the footnote to which shows how far the Charter has been amended by Colonial Ordinance. The Supreme Court now consists of the Chief Justice and two puisne judges. Appeals to the King in Council are regulated by sec. 52 et seq. of the Charter of 1833, which was preserved as to such appeals by sec. 42 of Ordinance No. 1 of 1889, and sec. 333 of the Criminal Procedure Code (No. 15 of 1898), and by the Code of Civil Procedure (No. 2 of 1889). See PRIVY COUNCIL. The whole of the legislative enactments of Ceylon from 1656 to 1900 have been published in three volumes, arranged in chronological order, with an index. They are referred to in this article as the Revised Laws. The Roman-Dutch law is the common law of the colony; as to its principles and for a comparison of it with the laws of England, see the works cited under CAPE OF GOOD HOPE. The Malabar inhabitants of the Province of Jaffna have their own customary law-the Tesawalamai (Revised Laws, i. p. 12); the Mussulmans have their own laws and usages (ibid., p. 26); the Kandyan law (see Modder's Kandyan Law, 1902) applies in the Province of Kandy; and the Mukkuva law regulates intestate succession among the Mukkuvars of Batticaloa; but the law of civil and criminal procedure, the law of evidence, and the penal laws have been codified on the model of the Indian Codes and the Indian Evidence Act. [See H. Byerley Thomson, Institutes of the Laws of Ceylon, published in 1866; and Walter Pereira's Institutes of the Laws of Ceylon (founded on Thomson), 2 vols. 1901.]

The currency is regulated by Orders in Council (St. R. & O. Rev., 1904, vol. ii., “Coin, Colonies," pp. 36-43). The rupee of British India is the standard coin; sovereigns are also legal tender, but not (since 1893) the Portuguese rupee.

For the purposes of inter-colonial backing of warrants, Ceylon, British India, and the Straits Settlements form a group of possessions under Part II. of the Fugitive Offenders Act, 1881, and a Colonial Ordinance of 1877 has been incorporated by Order in Council with the Extradition Acts (ibid., vol. v., "Fugitive Criminal," pp. 326, 300).

Medical men and solicitors of the colony are, under Orders in Council, entitled to admission to practise in the United Kingdom on favourable terms (ibid., vol. viii., "Medical Profession," p. 2; vol. xi, "Solicitor, Colonies," p. 14).

1

Property which pays death duties in Ceylon is exempted from paying over again under Sir W. Harcourt's Act (ibid., vol. iv., "Death Duties," p. 4).

Since June 10, 1905, there has been mutual recognition between the colony and the home country of patents for inventions, registered trademarks, and copyrighted designs (St. R. & O. 1905, p. 268).

Chairman.-See ADJOURNMENT; COMPANY; PUBLIC MEETINGS, COUNTY COUNCIL; DISTRICT COUNCIL; QUARTER SESSIONS; PARISH COUNCIL; GUARDIANS.

Challenge.-See JURY.

Chamberlain, Lord.-This officer of the household shares with the Lord Steward (q.v.), the Master of the Horse (q.v.), and the Mistress of the Robes (q.v.) the oversight of all officers of the household; and he has the appointment of the royal professional men and tradesmen.

For the Lord Chamberlain's powers as to the licensing of theatres and allowing stage plays, see THEATRE.

The office is a political one in the sense that its holder changes, along with certain other places in the household, on a change of Govern

ment.

Chamberlain, Lord Great.-One of the ancient offices of State, the holder being an officer in the Sovereign's household, whose chief duties now consist in attending upon and attiring the Sovereign. at his coronation; in the care of the ancient palace of Westminster, the charge of and furnishing of Westminster Hall and the Houses of Parliament on State occasions; and attendance upon peers and bishops on their introduction. Strictly, the members of both Houses of Parliament are tenants of a Royal Palace in the charge of the Lord Great Chamberlain, the Sovereign permitting them to meet there.

Upon the accession of King Edward VII. this office became the subject of great contention between the Earl of Ancaster, the Marquess of Cholmondeley, Earl Carrington, and the Duke of Atholl; and the Committee for Privileges of the House of Lords, to whom it had been referred by the King, decided that the rights of the co-heiresses who had inherited the office were jointly in the Earl of Ancaster, the Marquess of Cholmondeley, and Earl Carrington. In them the right of a deputy vests, subject to the approval of the King; and in the event of their not all agreeing, the King may appoint whom he will for the performance of the duties of the office until they shall agree; and that according to the precedents, the person appointed must not be of inferior degree to a knight.

The office, which is hereditary, was created about the year 1133, being granted to De Vere, afterwards Earl of Oxford, in whose family it remained until the reign of Henry VIII., when a dispute arose among the heirs, and matters were referred to the arbitration of the King, who in 1532 awarded the office to John, 15th Earl of Oxford (and his heirs), cousin of the last holder of the office. Between this period and 1626 there were several arbitrary appointments for fixed terms and surrenders therefrom. In 1626 the question again became acute, for Henry, the 18th Earl, died without heirs-male, and the office again came before

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