4S4 INDEX. COLONIES {continued). Promise of charter, how it affects prerogative . 32, &c. Till laws thereof changed, what prevail ... 80 Uninhabited country, when peopled by Englishmen, what laws and prerogatire prevail . . . ibid. Colonies, three sorts : — 1. Provincial establishnaents ; 2. Proprietary governments ; 3. Charter governments ; Nature of each . . . . .30,81 Form of government in, in general . . .81,2 Laws in, void, if contrary to English statutes respect- ing them ibid. Taxing them King alone cannot; only parliament or act of assembly . . . .31,2,4 Prima facie, English common law docs not prevail in, but by charter does in almost all of them . . 82 When English statutes bind them . . . . 32, 3 Colonial charter cannot be violated by King . . ibid. Prerogative is governed by charter to colonies, otherwise criterion is English common law . . ibid. &c. King's various rights in colonies on this ground ; as to colonial courts of justice ; empowering town to send representatives ; entering noL pros, presenting to be- nefices in ; right to mines ; escheats, &c. &c. . 3$ Courts of justice in, emanate from King . . ibid. Cannot make laws unless power from Crown . . ibid. Restrictions on the right and exceeding the limits al- lowed . . .... ibid. King when may alter the constitution of them . ibid. &c. Different modes of granting them a constitution . 34 Colonial governments in general have I. governor; 2.co. lonial council ; 3. representative assembly ; nature and powers of each . . ^ . . ibid. Governor, Has in general kingly authority, but mere servant , of his sovereign, list of his respective powers . 34, 5, 6 What prerogatives King may depute to goyernor . ibid. Right to assent to act of assembly, grantable by King 74
