Tbe judges declared it void, oh the ground of its infracting the rights of the subject, and said that the Common Council was presumptuous for making ordinances in such a parlia mentary strain,, and that its members might be sued, in the King's Bench, for their "presumption and imolence" (Grodbolt, 107 ) From the earliest period of our history down to the first establish ment of plantations in America, it was holden as undoubted law, that ho local legislature could annul the laws of the nation, whether the territory or district for which it bad been constituted, was situate in the more anoient, or in the more recently-acquired, members of j the realm. The same test, as to the extent of legislative power, which was applied to the general assemblies appointed for districts in tbe oldest counties in England, was equally applicable in the case of the local legislatures created in the territories newly acquired. The general assembly of Carlisle, of Pembroke, of Jersey, of Berwick, or of Calais, bad the same legislative powers as the Common Council of London or York, but no greater. A mandamus lay from the King's Bench to the assembly of Calais or Pembroke in the- same cases that it did to the common council of London or Bristol. The powers conferred were derivative and subordinate, and were to be exercised according to, and not in contravention of existing law; and for this reason, the local ordinance were prospective, and could never have a retrospective effect. (Arris v. Bradshaw, I. Keb. 733, Gosling v. Vale'y, 11 Jur. 394.) ; Some politicians of the present day endeavour to make out that the. acts of a municipal legislature differ in degree from those of a colonial assembly. The former, say they, are empowered to make bye laws only ; but • the latter may make laws of a higher nature. This opinion is founded hi error. The words " bye laws" (bilagines) can hardly be said to be a legal term. It cannot be pleaded as such : ', rule, order, and ordinance" are the words to be used (Grant on Corp. 76. The term is rather a popular than a legal one. 