Imatges de pàgina

embodying its judgments. [Rajundernarain Rae . Bijai Govind Sing]




REHEARING. 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 considered 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to act as their guardian ad litem the matter of the appeal had absconded, and abandoned the cause, their Lordships rescinded the order of dismissal, and restored the appeal upon the terms of the appellants paying the costs and giving access to the transcript of the proceedings in the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. [Rajundernarain Rae v. Bijai Govind Sing]








(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 business 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 jl. per cent. given by the same Act for receiving and remitting monies can only be claimed where the receipts 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 commissions under the Jamaica Act, 24 Geo. 2, c. 19, s. 8. [Grant v. Campbell] -

43 3. The immediate object of the Jamaica

Act, 24 Geo. 2, c. 19, s. 8, was to provide against the charges previously made by executors and trustees 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 remittances 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 country. (Henckell y. Daly]

.. 51


(When presumed to be destroyed.) The rule of law is, that if a Will be

traced to the possession of the deceased, and last seen there, is not forthcoming on his death, it is presumed to have been destroyed by

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Page 11, for “established principle," read “vital principle." 39, foot note, for “Freeman v. Failie, 3 Meer." read “Freeman v. Fairlie,

3 Merrivale." 51, marginal note, for 28 Geo. 2, c. 19, s. 8," read “24 Geo. 2, c. 19,

8. 8.

122, for bis judicata," read “lis judicata.”
145, for “30th day of April 1836," read 30th day of April 1834."
233, for “Freeman v. Fairlie, 5 Russ. Rep. sec. 1,read "Freeman e.

Fairlie, 1 Moore's Indian Appeal Cases, page 305."
333, for Art. 2035 of Code Civil," read “Art. 2038.”

Printed by James, Luke G. & Luke J. Hansard,

near Lincoln's-Inn Fields,

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