FOREIGN CHARITIES.
See "CHARITABLE BEQUEST."
(Taxation of the Island of Herm, Con- struction of Orders in Council.) The island of Herm being one of the dependencies of Guernsey, is, for the purpose of local taxation, part and parcel thereof.
By several successive Orders in Coun- cil, the States of Guernsey were empowered to raise a duty of 18. per gallon on all spirituous liquors. retailed and consumed in the island, the produce of which was to be applied in the construction and repair of coast defences, harbours, roads, &c. By an Ordinance of the Royal Court the States prohibited the importation of spirits into the islands of Sark, Herm, and Jethou:- Held, that such prohibition was within
the meaning and authority of the Orders in Council (though not ori- ginally enforced), and that the object to which the tax was to be applied formed no ground of exemption to the inhabitants of Herm. [Martin V. M'Cullock]
INDIAN INSOLVENT ACT. Palmer & Co. having borrowed a large sum of the Bank of Bengal, deposited Company's paper with the bank to a greater amount, as a collateral security, accompanied with a written agreement, authorizing the bank, in default of repayment of the loan by a given day, "to sell the Com- pany's paper for the reimbursement of the bank, rendering to Palmer
& Co. any surplus." Before default was made in the repayment of the loan, Palmer & Co. were declared insolvent, under the Indian Insol- vent Act, 9 Geo. 4, c. 73, by the thirty-sixth section of which it was declared, that where there had been mutual credit given by the insolvents and any other person, one debt or demand might be set off against the other; and that all such debts as might be proved under a commission of bankruptcy in England, might be proved in the same manner under. the Indian Insolvent Act. At the time of the adjudication of insol- vency, the bank were also holders of two promissory notes of Palmer & Co., which they had discounted for them before the transaction of the loan, and the agreement as to the deposit of the Company's paper. The time for repayment of the loan having expired, the bank sold the Company's paper, the proceeds of which, after satisfying the principal and interest due on the loan, pro- duced a considerable surplus. In an action by the assignees of Palmer & Co., against the bank, to recover the amount of this surplus, held that the bank could not set off the amount of the two promissory notes, and that the case did not come within the clause of mutual credit in the Bankrupt Act. [Young v. Bank of Bengal]
(What necessary to sustain Suit for Nullity of Marriage by reason of Incest.)
Any interest, however slight, provided
it be specific and pecuniary, whether to be secured in a contingent right,
or released from a possible legal ob- ligation, is sufficient to entitle a party to sustain a suit in the Eccle- siastical Court for nullity of mar- riage, on the ground of affinity, Where, therefore, a father brought such suit to dissolve a marriage con- tracted by his daughter, after she was of age, by reason of incest: -Held, that his possible liability, under the 43d of Eliz. c. 2, to main- tain the issue of such marriage, if legitimate, in case of the death or impotency of the parents, was an interest sufficient to entitle him to sustain such suit; and a sentence of nullity of marriage was pro- nounced therein. [Sherwood v. Ray]
(Privilege of the House of Assembly of.) The power of punishing contempts is inherent in every assembly possess- ing a supreme legislative authority; whether they are such as tend indi- rectly to obstruct their proceedings, or directly to bring their authority into contempt.
The House of Assembly in Jamaica
being possessed of supreme legisla- tive authority over that island and its dependencies, have such power, and were therefore justified in com- mitting a party guilty of publishing certain libellous paragraphs, which had been resolved a breach of the pri- vileges of the House, to the custody of the keeper of the common gaol in the county of Middlesex in that island, to be detained during the pleasure of the House.
Quare. Whether the warrant to the
(Court of Chancery of, Practice in.) On motion by petition in the Court below, for the discharge of a Re- ceiver, the Court refused the motion, and dismissed the petition with costs, but engrafted on the order of dismissal certain directions asked for by the defendants, and support- ed by their affidavits, in opposition to the motion. Held, by the Lords of the Judicial Committee, that such addition to the order was contrary to the practice of the Court, and ought not to have been made; and that, upon the facts disclosed, an order for the dismissal of the Re- ceiver ought to have been made pursuant to the prayer of the peti- tion.
An order having been made, dismiss- ing a motion for the settlement of accounts and payment over of the balance, on the ground that the accounts had not been fully taken under the original decree, or the balance ascertained, affirmed on appeal, but without costs. [Palmer v. Barrett] 415
The Act 5 & 6 Will. 4, c. 54, provides that all marriages which shall have been celebrated before the passing of the Act between persons being within the prohibited degrees of affinity, shall not thereafter be an-
nulled for that cause by any sen- tence of the Ecclesiastical Court, unless pronounced in a suit which shall be depending at the time of the passing of the Act:-Held, that the issuing of the Citation in a cause of nullity of marriage seven days pre- vious to the Act receiving the royal assent was within the meaning of the Act, so as to constitute such suit de- pending.
The patria potestas of the civil law as respects the marriage of children was abolished by the Canon law, which is the law by which marriages are governed in this country, except so far as it has been restricted by the Marriage Acts.
Any interest, however slight, provided
it be specific and pecuniary, whether to be secured in a contingent right or released from a possible legal ob- ligation, is sufficient to entitle a party to sustain a suit in the Eccle- siastical Court for nullity of mar- riage on the ground of affinity. Where, therefore, a father brought such suit to dissolve a marriage contracted by his daughter, after she was of age, by reason of incest: -Held, that his possible liability, under the 43d of Eliz. c. 2, to main- tain the issue of such marriage, if legitimate, in case of the death or impotency of the parents, was an interest sufficient to entitle him to sustain such suit; and a sentence of nullity of marriage was pro- nounced therein. [Sherwood v. Ray]
(4 Geo. 4, c. 76, s. 7. 22.) A marriage by banns, in the publica- tion of which one of the Christian
By the Norman law, which prevails in Jersey, the owners of fiefs and lord- ships are entitled to fines on the death of tenants holding lands within their manors, and forfeitures on con- viction of crimes; and where a cor- poration sole or aggregate becomes possessed of lands, by conveyance from a tenant liable to such fines or forfeiture, the corporation must in- demnify the lord for the loss of his seignorial rights.
Where, therefore, the lord of a fief, upon the demise of the Crown with- out issue, commenced proceedings against the Lieutenant-governor of the Island, to vacate the possession of certain land forming the site of the Government-house, or to pay the lord an indemnity for the loss
(Right of the Crown to Ships' Room in
the Town of St. John's.)
Under the Statutes for regulating the fishery of Newfoundland, and taking away the public use of certain ships' rooms in the town of St. John in that island, the Crown is not en- titled to claim a piece of ground formerly used as a ship's room, against such a possession as would have been a bar to the claim of the Crown, if the land had not been clothed with that character. [At- torney-General of Newfoundland v. Cuddily]
(Waste Lands, Construction of 5 Geo. 4, c. 51.)
Land unoccupied in the island of Newfoundland, at the time of pass- ing the 5 Geo. 4, c. 51, is within that statute, and may be granted out as waste lands, under the 15th section, notwithstanding it has been
By the old law of France, where the dealing between a principal and his debtor is of such a nature as to ope- rate simply as a prolongation of time for the payment of the debt, if the surety is not precluded by such dealing from suing the debtor for his indemnity, he will not be dis- charged; but if such dealing be- tween the principal and his debtor amounts to a present, though but pro tempore payment, as the surety cannot then sue the principal debt- or, he is discharged from his gua- ranteeship.
A bill of exchange operates, by the law of France, as a real contract between the drawer and drawee, and is "effet," within the meaning of Art. 2038 of the Code Civil. Where, therefore, a party became surety, upon an agreement for se- curing certain advances, by future consignments of West India pro- duce, and after such advances, but before any consignments, the party
3. No objection can be taken on the appeal that the title of the defend- ant was not pleaded specially to an information for intrusion, in the court below. [Attorney-General of Newfoundland v. Cuddily] - - 82 4. The hearing of a cause in the Pre- rogative Court is one continuous act, and after a cause has been set down for sentence on the second assigna- tion, it is not competent for either of the litigant parties to interpose an appeal till sentence has been given on the assignation. [Barry v. Butlin] - 98 5. Application to dismiss an appeal on the ground of delay in prosecution, and no certificate being filed, pur- suant to the 31st sect. of the Canada Judicature Act, refused; the rule al- lowing a year and a day for prose- cuting an appeal, though usually adhered to, not being imperative upon the King in Council, and the respondents having no claim to com- plain of delay after laying by them- selves eight months without making any application. [St. Louis v. St. Louis]--
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