Where an order had been made ex
parte, upon the appearance of the
respondents alone, for the dismissal
of an appeal and affirmance of the
judgment of the Court below, which
purported to be upon the hearing of
the cause, the Judicial Committee
held that such order must be consi-
dered simply as a dismissal; and it
appearing that the appellants were
infants, under the protection of the
Court of Wards in India, and that
the agent appointed by the Court to
act as their guardian ad litem in
the matter of the appeal had ab-
sconded, and abandoned the cause,
their Lordships rescinded the order
of dismissal, and restored the appeal
upon the terms of the appellants
paying the costs and giving access
to the transcript of the proceedings
in the Court below, in their hands,
and undertaking to lodge printed
cases within five months. [Rajun-
dernarain Rae v. Bijai Govind

TRUSTEES.
(Jamaica.)
1. The commission of 61. per cent.
given by the Jamaica Act, 24 Geo. 2,
c. 19, to agents, trustees, guardians,
executors, &c. for the management
and disposal of the rents and profits
of an estate, being in the nature of
a remuneration for the trouble and
responsibility of conducting the bu-
siness of a merchant on the island,
is payable only to persons actually
resident on the island, and capable
and willing to act in the trusts of
the estate; and the commission of
5l. per cent. given by the same Act
for receiving and remitting monies
can only be claimed where the re-
ceipts or payments are actually
made on the island. [Denton v.
Davy]

-

16

2. Held, that though a trustee indivi-
dually abstain from acting in the
trusts of a will, yet, if he is qualified
and is ready and willing to act when
called upon by his co-trustee, he is
entitled to a share of the commis-
sions under the Jamaica Act, 24
Geo. 2, c. 19, s. 8. [Grant v. Camp-
bell] -
43
3. The immediate object of the Jamaica
Act, 24 Geo. 2, c. 19, s. 8, was to
provide against the charges pre-
viously made by executors and trus-
tees for the management of estates
in that island. No commission is
given out of the proceeds upon the
sale of an estate, but only on remit-
tances and receipts, and though the
equity of the statute may include
such commission, it must be upon
a sale actually made and completed
in the island, and not in this coun-
try. [Henckell v. Daly] - - 51

WILL.

(When presumed to be destroyed.)
The rule of law is, that if a Will be
traced to the possession of the de-
ceased, and last seen there, is not
forthcoming on his death, it is pre-
sumed to have been destroyed by

himself, and that presumption must
prevail, unless there is sufficient
evidence to repel it, and to raise a
higher degree of probability to the
contrary. The onus of proof in such
cases lies upon the party propound-
ing the Will. [Welch v. Phil-
lips]

299