This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ...That no fee of office can be exacted by a public officer, unless established by legislative enactment, or by ancient usage, which presupposes the sanction of legislative authority., 2. That the action for money had and received will lie for exorbitant fees paid to a custom house officer, and will lie in the name of the owner of a vessel, although paid by he master. 3. The Imperial Statute, Geo. 3, c. 45, enacts that where no fees have been established in a colony of Great Britain, the custom house officers there shall be entitled to receive such fees as were received by the like officers in the nearest port in any British colony before the 29th Sept., 1764, and the court will take notice of the relative geographical positions of countries to ascertain that port. Stuart's Rep., p. 180. Same case, p. 189. Governor. Held, That an action cannot be maintained against a Governor of this province while in the administration of the government. Stuart's Rep., p. 542, Harvey vs. Lord Aylmer. K. B. Q. 1833, Held, That the Governor of a colony can be sued in a colonial court, for a cause of action wholly unconnected with his official capacity, and accruing out of the colony before his government commenced. 1 Rev. de Jur., p. 76, Hill, App., Bigge et al. Resp. In the Privy Council. Inspectors Of Roads--Notice Of Action. Held, That in a possessory action against an inspector of roads and bridges, for trespass in making and opening a road on plaintiff's farm, the defendant is not entitled to the month's notice referred to in the 14th and. 15th Vict., c. 54, upon the pretence that he acted in the performance of a public duty, and under orders received from a surveyor of roads. 6 L. C. Rep., p. 456, Eitinhart, App., McQuillan, Resp. In Appeal: Lafontaine, ...