1844. IN RE BARNETT. the said cause, with £300 for security for the costs of the Appeal), to be entered into by some proper person or persons, before one of the Barons of Her Majesty's Court of Exchequer, conditioned to stand and abide such determination as may be made or awarded by Her Majesty in Council, in the said cause, and pay such costs as shall be awarded in case the said Appeal be dismissed; provided that, in case good and sufficient security for the said sum of £1,619. 128. shall have been, or shall hereafter be, given into the said Court of Exchequer, and approved by a Master of the said Court, in pursuance of an order of the said Court of Exchequer, then the said Petitioner should be relieved from such further security for the said sum of £1,619. 12s., for the prosecution of his said Appeal before Her Majesty in Council, and should have leave to prosecute the same, on giving the said security herein before mentioned, in the said sum of £300 only, for the costs of his Appeal; and it was further ordered, that nothing therein should suspend or interfere with any proceeding in the said cause, in the Island of Jamaica, and that the Petitioner, or his agents, ought to be permitted to take from the proper officers of the said Supreme Court of Judicature, copies, properly authenticated, of all records and proceedings which may be deemed necessary to lay before Her Majesty, in support of the said Appeal, upon payment of the usual fees for the same. ON APPEAL FROM THE SUPREME COURT THIS was an Appeal from two orders of the Supreme * Present: Lord Langdale, Lord Campbell, the Right Hon. Dr. or her benefit, the Registrar shall, with the previous consent of the Court, or a Judge, institute proceedings on behalf of such infant, for the purpose of protecting his or her person or property." In pursuance of this order, the Registrar of the Supreme Court, upon Petition, obtained an order, giving him liberty to file a Bill in the Equity side of the Supreme Court, as the next friend, and on behalf of infants, for an account of the estate of their father, who died intestate, against their mother, the administratrix; and notwithstanding an Appeal against such order, such bill was filed, to which the Defendant put in a plea, which being overruled, a further Appeal from such decision was interposed to Her Majesty in Council. By the practice of the Supreme Court, the Registrar is entitled to a commission of 5 per cent. on all sums of money paid into Court. Held by the Judicial Committee, that the order of the Equity side of the Supreme Court, being made under the general jurisdiction of the Supreme Court, and not under the Statute 2 & 3 Vict., c. 34, was void, it being against public policy to allow an officer of the Court to institute suits, in the conduct of which he might have a direct personal interest, and the orders made in pursuance thereof, reversed. 1844. an order of the same Court, disallowing a plea put in KERAKOOSE by the Appellant, to the Bill so filed by the Registrar, on behalf of the infants. v. SERLE and others. These orders were made, under the following circumstances :— Arathoon Kerakoose, an Armenian, inhabitant of Madras, departed this life intestate, on the 21st of May 1832, leaving the Appellant, his widow, and the Respondents, Moses Kerakoose, Arrahcheal Kerakoose, Barbara Kerakoose, Harapeat Kerakoose, Katherina Kerakoose, and Jacob Kerakoose, respectively, under the age of twenty-one years, his only children, him surviving. On the 16th day of August 1832, letters of administration to the goods, chattels, credit and effects of the intestate were granted on the Ecclesiastical side of the Supreme Court at Madras, to the Appellant, as the widow of the intestate. And the Appellant gave the proper security required by the Charter or Letters Patent establishing the Supreme Court, in a bond, with sureties for the sum of £100,000.* * By the Charter or Letters Patent of his late Majesty, King George the Third, dated the 26th day of December 1800, after reciting a Charter of his late Majesty, King George the Second, erecting a Court, to be called the Mayor's Court of Madraspatnam. And reciting, also, an Act of Parliament passed in the thirty-seventh year of the reign of his late Majesty, King George the Third, entituled, "An act for the better administration of justice at Calcutta, Madras, and Bombay, and for Preventing British subjects from being concerned in loans to the native princes of India," whereby it was, amongst other things, enacted, that it should be lawful for his said late Majesty, by Charter, to erect a Court of Judicature at Madras, to be presided over by a person, to be styled the Recorder of Madras. And that the said Court should have full power and authority to exercise and perform all civil, criminal, ecclesiastical, and admiralty jurisdiction, and to appoint such ministerial officers as might be necessary, and to form and establish such rules of practice, and such rules for the process of the said Court, and to do all such other No citation or demand for filing any accounts of, or relating to the estate or effects of the intestate, was things as should be necessary for the administration of justice. And reciting, also, that by Letters Patent, dated the 20th day of February, in the thirty-eighth year of the reign of his late Majesty, King George the Third, the said Court of the Recorder at Madras was erected in pursuance of the said last-mentioned Act of Parliament. And also reciting an Act of Parliament, passed in the fortieth year of the reign of his said late Majesty, entituled, "An Act for establishing further regulations for the government of the British territories in India, and the better administration of justice within the same," whereby his Majesty was empowered to erect and establish a Supreme Court of Judicature at Madras, as in the said Act of Parliament mentioned. His Majesty, King George the Third, did grant, direct, ordain, and appoint, that there should be within the settlement of Fort St. George, a Court of Record, which should be called the Supreme Court of Judicature at Madras. It was by the said Charter (amongst other things) declared, that the said Supreme Court of Judicature at Madras should have full power and authority, to hear, try, and determine all and all manner of suits and actions, either civil or criminal, which, by the authority of any Act or Acts of Parliament, or under the authority of the said letters patent, of the thirty-eighth year of the reign of his said late Majesty, might then be tried or determined by the said Court of the Recorder at Madras, and that all powers, authorities, and jurisdictions of what kind or nature soever, which, by any Act or Acts of Parliament, or by the said letters patent might be, or were directed to be exercised by the said Court of the Recorder at Madras, should and might be as fully and effectually exercised by the said Supreme Court of Judicature at Madras as the same might have been exercised and enjoyed, by the said Court of the Recorder at Madras. And by the said Charter of the said Supreme Court of Judicature at Madras, is (amongst other things) appointed a Court of Ecclesiastical Jurisdiction, with power to commit letters of administration, under the seal of the said Court, of the goods, chattels, and all other effects whatsoever, of persons who should die intestate. And it is by the said Charter enjoined and required, that every person to whom such letters of administration should be committed (other than the Registrar of the said Court taking administration under the authority of the Act of Parliament of the fortieth year of the reign of his late Majesty, King George the Third, mentioned in the said 1844. KERAKOOSE บ. SERLE and others. 1844. ever served, or made upon the Appellant, previously to KERAKOOSE her filing such accounts as hereinafter mentioned. v. SERLE and others. Charter), should, before the granting thereof, give sufficient security And by the said Charter, it is provided that in case it should be necessary, to put the said bond in suit, for the sake of obtaining the effect thereof, for the benefit of any person or persons, who should appear, to the said Supreme Court, to be interested therein, such person or persons, from time to time, paying all such costs as should arise from the said suit, or any part thereof, such person or persons should, by order of the said Court, be allowed to sue the same in the name of the obligec. And that the said bond should not be |