FOREIGN CHARITIES.

See "CHARITABLE BEQUEST."

GUERNSEY, DEPENDENCIES

OF.

(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]

-

·

308

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

VOL. I.

& 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]

-

INTEREST.

150

(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,

Ꮮ Ꮮ

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]

JAMAICA.

353

(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

MARRIAGE.

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]

MARRIAGE ACT.

353

(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.)

82

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]--

143