the party so deported had enjoyed
the privileges, and exercised the
rights of a person duly domiciled in
the island. [In re Adams] - 460
Right of, to hold Lands in Calcutta.
2. The introduction of the English law

into a conquered or ceded country
does not draw with it that branch
which relates to aliens, if the acts
of the Power introducing it show
that it was introduced, not in all
its branches, but only sub modo, and
with the exception of this portion.
The English law, incapacitating
aliens from holding real property
to their own use, and transmitting
it by descent or devise, has never
been introduced into the East In-
dies, so as to create a forfeiture of
lands held in Calcutta or the Mo-
fussil by an alien, and devised by a
Will executed according to the Sta-
tutes of Frauds for charitable pur-
poses. [The Mayor of Lyons v. The
East India Company]

175

Delay in prosecution of.
See “PRACTICE,” 2. & 5.

Rehearing of.
See “REHEARING.”

tion of her voyage, is bound to as-
certain whether such supplies can
be procured on the personal credit
of the owner before resort is had to
& bottomry bond as security for

their amount.
Semble, where a party has the means

of knowing a fact, he is bound to
show that he exercised reasonable
diligence to ascertain it. [Heathorn
Vi Darling] -

5

Restoration of.
See “PRACTICE,” 6.

CANON LAW.
See “MARRIAGE.”

ATTORNEY, PRIVILEGE FROM

ARREST.
( Prince Edward's Island.)
An attorney, duly admitted to prac-

tise in the Supreme Court of Prince
Edward's Island, having been ar-
rested on mesne process, claimed his
privilege, which was allowed him;
but an ex parte order was made at
the same time by the Chief Justice,
suspending him from practising in
that Court, upon grounds stated
therein, but not supported by any
evidence. The original order, and
the affidavit made on the motion for
discharge, having been transmitted
from the Supreme Court, the Judi-
cial Committee rescinded the order,
on the ground of irregularity. [In
re Monckton]

455

CAPACITY. .
A caveat having been entered, and a

suit instituted in the Prerogative
Court, to oppose probate of a Will,
on the alleged ground of its having
been obtained by fraud and undue
influence, when the testator was not
of sufficient testamentary capacity,
judgment was given in favour of
the Will, and the parties opposing
it were condemned in costs: Held,
on appeal, by the Judicial Com-
mittee, that the judgment admitting
the probate ought to be affirmed;
but that, as the circumstances of the
case warranted the caveat and pro-
ceedings taken, the plaintiffs below
ought not to have been condemned
in costs, which were ordered to be
paid out of the estate; but no order
made respecting the costs of the
appeal. [.Armstrong v. Huddle-
ston]

478

NOW.

he directed certain sums to be set
apart for the liberation of persons
confined for debt, and for the en-
dowment and establishment of a
college at Lucknow, in the domi-
nions of the King of Oude. A suit
having been instituted in the Su-
preme Court of Calcutta to admi-
nister the Will, the Court directed
an inquiry whether the college could
be established, and the bequest for
the liberation of prisoners carried
into effect, with reference to the
testator's intention, and the sanc-
tion of the government at Luck-

On the subject of the bequest
for the liberation of prisoners, the
Master found in the negative; and
reported that, with respect to the
establishment of the college, there
was not sufficient evidence to enable
him to state whether it could be
established, with reference to the
testator's intention and sanction of
the Lucknow government; but as
no further evidence was likely to
be obtained, he appended the cor-
respondence with the British resi-
dent at Lucknow, by which it ap-
peared, that though the King of
Oude did not object to the establish-
ment of the college, he held out no
expectations that he would afford it
his countenance or support. The
report having been confirmed, and
a decree made thereon, the Supreme
Court, on a re-hearing, directed an
inquiry whether the Governor-ge-
neral in Council had the means of
giving effect to the bequest to the
college at Lucknow, and whether he
was willing to receive the funds
bequeathed for that purpose; the
Master found that the Governor-
general was willing to receive the

funds, but did not state whether he
had the means of giving effect to the
bequest; the Court, however, there-
upon decreed the payment of the
funds to the Governor-general, or
such person as he should appoint.
Upon appeal to the King in Council,
held by the Judicial Committee,
they thought the reference to the
Master, on the re-hearing, after the
confirmation of his previous re-
port, was informal, and if objected
to at the time would have been
fatal ; yet, as

no objection had
been taken, and the Master had not
satisfied the whole of the inquiry,
by stating whether the Governor-
general had the means of carrying
the testator's intention into effect,
that part of the decree affirming the
Master's report, and directing the
payment of the fund to the Gover-
nor-general, must be reversed, and
the case sent back to ascertain that
fact; their Lordships being of opi-
nion that, under the existing rela-
tions between the East India Con-
pany and the King of Oude, an
arrangement may be made for the
appointment of a trustee to carry
the Lucknow bequest into effect,
under the direction, and subject to
the jurisdiction of the Supreme
Court. [The Mayor of Lyons v.
The East India Company] 175

CODE CIVIL.
See “ ALIENS."

CODE CIVIL DE COMMERCE.
(Construction of the 441 Art.)

( Mauritius.)
Refusal to pay unless followed by a

cessation of payment is not suffi-
(Of 5 & 6 Will, 4, c. 34.)

See “MARRIAGE."

(Of Order in Council.) See “GUERNSEY, DEPENDENCIES OF."

(Of the 441 Art. of Code Civil de

Commerce.) See “ CODE CIVIL DE COMMERCE."

(Of 13 Art. of Code Civil.

See “ ALIENS."

CONTEMPT.

See “ PRIVILEGE OF THE HOUSE OF

ASSEMBLY OF JAMAICA."

CO-PLAINTIFF. Where a party is made a co-plaintiff

, having no interest in one of the objects sought by his co-plaintiff, and the bill is sustainable only in respect of that object, it must be dismissed. [Denton y. Davy]

- 15

CORPORATION.

See “MORTMAIN.”

COSTS.

See “ CAPACITY.”

DOMICILE.

See “ ALIENS."

ENGLISH LAW IN THE EAST

INDIES.

See “ALIENS."