24 April 2015

Are licenses required under Common Law of England

Read the excerpt below from the Imperial Laws of England, which are still in force, and cannot be repealed without a referendum.

Does this conflict with state legislation? 

In the early days driving licenses were issued to drivers for commercial purposes (see Sect 107 of the Commonwealth Constitution, outlined within p936 of the Annotated Constitution by Quick and Garran (1901) e.g. goods or passenger transportation, private people aren’t required to have a license for private travel. Section 92 of the Constitution grants us free travel within the Commonwealth.

The 1911 and 1913 referendums in regards to nationalising Monopolies were not carried.

The Statute of Monopolies 1623 prohibits monopolies, therefore why do corporations like VicRoads have a monopoly on the roads? 

Imperial Acts Application Act 1980 – SECT 8

Division 4-Monopolies

[1623-4] 21 or 21 and 22 James I c. III ss 1, 6

An Act concerning monopolies and dispensations with penal laws and the
forfeiture thereof.

1. (1) Forasmuch as your most excellent Majesty, in your royal judgment, and
of your blessed disposition to the weal and quiet of your subjects, did in the year of our Lord God one thousand six hundred and ten, publish in print to the whole realm, and to all posterity, That all grants and monopolies, and of the benefit of any penal laws or of power to dispense with the law, or to compound for the forfeiture, are contrary to your Majesty's laws, which your Majesty's declaration is truly consonant and agreeable to the ancient and fundamental laws of this your realm.

(2) And whereas your Majesty was further graciously pleased, expressly to
command, that no suitor should presume to move your Majesty for matters of
that nature.

(3) Yet nevertheless upon misinformations, and untrue pretences of public
good, many such grants have been unduly obtained, and unlawfully put in
execution, to the great grievance and inconvenience of your Majesty's
subjects, contrary to the laws of this your realm, and contrary to your
Majesty's most royal and blessed intention to published as aforesaid.

(4) For avoiding whereof, and preventing of the like in time to come, may it
please your excellent Majesty, at the humble suit of the lords spiritual and
temporal, and the commons, in this present parliament assembled, That it may
be declared and enacted.

(5) And be it declared and enacted by authority of the present parliament,
That all monopolies, and all commissions, grants, licences, charters and
letters patents heretofore made or granted, or hereafter to be made or
granted, to any person or persons, bodies politick or corporate whatsoever, of or for the sole buying, selling, making, working or using of any thing within this realm, or the dominion of Wales.

(6) Or of any other monopolies, or of power, liberty to faculty, to dispense
with any others, or to give licence or toleration to do, use or exercise any
thing against the tenor or purport of any law or statute.

(7) Or to give or make any warrant for any such dispensation, licence or
toleration to be had or made; or to agree or compound with any others for any
penalty or forfeitures limited by any statute; or of any grant or promise of
the benefit, profit or commodity of any forfeiture, penalty or sum of money,
that is or shall be due by any statute, before judgement thereupon had.

(8) And all proclamations, inhibitions, restraints, warrants of assistance,
and all other matters and things whatsoever, any way tending to the
instituting, erecting, strengthening, furthering or countenancing of the same
or any of them.

(9) Are altogether contrary to the laws of this realm, and so are and shall be utterly void and of none effect, and in no wise to be put in use or execution.

6. Provided also, and be it declared and enacted, That any declaration before
mentioned shall not extend to any letters patents and grants of privilege for
the term of fourteen years or under, hereafter to be made, of the sole working or making of any manner of new manufactures within this realm, to the true and first inventor and inventors of such manufactures, which others at the time of making such letters patents and grants shall not use, so as also they be not contrary to the law, nor mischievous to the state, by raising prices of commodities at home, or hurt of trade, or generally inconvenient: The said fourteen years to be accounted from the date of the first letters patents, or grant of such privilege hereafter to be made, but that the same shall be of such force as they should be, if this act had never been made, and of none other.

Legislation source: http://www.austlii.edu.au/au/legis/vic/consol_act/iaaa1980240/s8.html

The Annotated Constitution (by Quick and Garran) is available for download from an original digitised copy of the book (1056 pages , 76.5MB)



Source Supplied.

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