Imatges de pàgina
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of Newfoundland, was at the time
resident in England, and had no
representative within the Island, or
notice of proceedings against him;
the Judicial Committee gave leave
to appeal upon terms; notwith-
standing that he had not asserted
an appeal within fourteen days
from the final Decree as required by
Charter of Justice of Newfoundland.
[Henderson v. Henderson]
6. The Supreme Court at the Mau-
ritius refused to allow an appeal to
the Queen in Council from a defini-
tive sentence in a suit for a divorce
á vinculo, except upon terms of
giving security in the aggregate
sum of £1,200 sterling, for per-
formance of the Order in Council,
to be made on appeal, and the
costs incurred thereby. On peti-
tion, the Judicial Committee allow-
ed the appeal, fixing the security at
£300. [Hulm v. Hulm] - 262
7. Application for leave to appeal
from an Order of the Supreme
Court at Van Dieman's Land, refus-
ing a fourth new trial of an action
of trover, the subject-matter of
which amounted to £970, refused;
the Charter of Justice limiting the
right of appeal to £1,000, and the
Judicial Committee being of opi-
nion upon the merits, that it was a
mere question for a Jury who had
already found four times against the
Petitioner. [In re Sherwin] 311
8. The Charter of Justice of the
Mauritius gives no right of appeal
to the Queen in Council from a
sentence of divorce.

But the Crown can, upon special pe-
tition for that purpose, grant such
leave.

Appeal granted by the Cour d'Appel
in the Mauritius, from a sentence
of divorce, á vinculo matrimonii,
upon Petition of the Respondent,
discharged as incompetent. But
On special Petition, leave to appeal
granted by the Judicial Committee,
upon terms of the Appellant's
lodging his printed case within
a given time, or the appeal to stand
dismissed. [D'Orliac v. D'Orliac]

374

9. The rejection of a witness in the
course of the hearing of a cause,
in the Ecclesiastical Court, on the
ground of interest, is not of itself
an appealable grievance; the hear-
ing being one continuous act, and
an Appeal being competent, after
sentence, from any compartment of
the cause.

A party in a cause in the Ecclesiasti-
cal Court, in consequence of the
rejection by the Court, of a mate-
rial witness, withdrew himself from
the further contest of the cause;
the Judge decreed the cause in
pain of his contumacy. Held by
the Judicial Committee, that such
withdrawal was not contumacious,
so as to preclude him from his
right of Appeal from the sentence.
[Handley v. Edwards] - 407
10. Appeal allowed, under the 7th & 8th
Vict., c. 69, direct from the Court
of Assize of the Island of Jamaica,
to her Majesty in Council, without
bringing a Writ of Error, in the

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incorporated into the Uniformity
Act, 13th & 14th Car. II., c. 4.
Construction of the rubrics of the
Common Prayer Books of the years
1603 and 1661. Held to be cumu-
lative and not substitutionary, of
the rubric in force anterior to
1603, and not to affect the validity
of lay baptism. [Escott v. Mastin]
104

BOTTOMRY BOND.

A Bottomry Bond may be good in
part, though void for the residue.
Where, therefore, a Bottomry Bond

was given by the master at New
York, as well for advances to ob-
tain his discharge from arrest, at
the instance of the consignees, on
account of damage done on the voy-
age to part of the cargo, as for
payment of the port duties and
other disbursements necessary to
enable the ship to prosecute her
voyage; the Judicial Committee,
reversing so much of the decision of
the Admiralty Court as rejected the
Bond in toto, sustained the Bond to
the extent of the sums advanced for
necessary supplies and payment of
the port duties. [Smith v. Gould]

BLIND PERSON.
See "WILL," 2.

BURIAL.

See "BAPTISM."
"CLERGYMAN."

CANON LAW.

See "CLERGYMAN."

21

"EXCOMMUNICATION."

CHARTER.

See "APPEAL," 5, 6, 7, 8.

CHURCH DISCIPLINE.
By sec. 3 of the 3rd & 4th Vict., c. 86
(the Church Discipline Act), the
Bishop is empowered to issue a
commission of inquiry respecting
any charge or report against any
clergyman within his diocese, "pro-
vided always that notice of the in-
tention to issue such commission,
under the hand of the Bishop, con-
taining an intimation of the nature
of the offence, together with the
names, addition, and evidence of
the party on whose application or
motion such commission shall be
about to issue, shall be sent by the
Bishop to the party accused, four-
teen days at least before such com-
mission shall issue;" and by sec.
13, it is provided that it shall be
lawful for the Bishop, "if he shall
think fit, either in the first instance
or after the commissioners shall have
reported that there is sufficient
prima facie ground for instituting
proceedings, and before the filing
of the articles, but not afterwards,
to send the case by Letters of Re-
quest to the Court of Appeal of
the province, to be there heard and
determined according to the law
and practice of such Court."
Held by the Judicial Committee,

affirming the judgment of the Court
below, that the service of notice of
the intention to issue a commission
by the Bishop, but upon which no

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By the statute 59 Geo. III., c. 134,
s. 14, it is enacted, that it shall be
lawful for the Churchwardens of any
parish, with the consent of the
vestry, to raise and borrow money
upon the credit of the church-rates
of any parish, for the purpose of
defraying the expenses of any
Church or Chapel. Held by the
Judicial Committee of the Privy
Council, (reversing the judgment
of the Arches Court of Canterbury,)
not to authorise. Churchwardens to
borrow money upon the credit of
the church-rates, for repayment of
a debt incurred in past years for
repairs to the Church.
v. Bearblock]

CIVIL LAW.

See "APPEAL," 1.

[Piggott
399

"SLAVE TRADE ABOLITION ACT."
CLERGYMAN.

A clergyman of the Church of Eng-
land having refused to perform the
office of interment, after due notice
of the death of a parishioner bap-
tised by a layman, suspended from
the ministry for three months,
under the 68th Canon of 1603.
[Escott v. Mastin]
- 104
See" BAPTISM."

CHURCH DISCIPLINE ACT."

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1. The 6th Geo. 1V., c. 125, s. 55, does
not exempt the owners and masters
of vessels having a licensed pilot on
board, from liability in respect of
damages done by their vessel, un-
less the damage was solely caused
by the neglect, default, incompe-
tency, or incapacity of the Pilot.
Where, therefore, it was proved that

the accident happened through the
carelessness of the Master and
crew, as well as the pilot, in not
keeping a good look-out; the Ju-
dicial Committee of the Privy Coun-
cil held, affirming the sentence of
the Admiralty Court, that the civil
liability of the owner in respect of
the damages continued.
v. Isemonger]

[Stuart
11

2. In cases of collision, the rule of the
Trinity House, that "where steam-
vessels, on different courses, must
unavoidably cross so near, that by
continuing their respective courses
there would be a risk of coming in
collision, each vessel shall put her
helm to port, so as always to pass
on the larboard side of each other,"
is applicable only when the vessels,
by continuing their respective
their respective
courses, are likely to come into
collision, and when, by putting
their helms to port, the collision
may be avoided; but the rule is
not applicable when either vessel,
by unskilful management, is so
near the shore, that by porting her

helm there would be danger of col-
lision in such case, the vessel on
her right course is justified, in spite
of the rule, in putting her helm to
starboard. [The General Steam
Navigation Company v. Tonkin] 314

COLLUSION.

See" SPIRITUAL COURT" (sentence of).

COLONIAL HOUSE OF ASSEM-
BLY.

The House of Assembly of the Island
of Newfoundland does not possess,
as a legal incident, the power of ar-
rest, with a view of adjudication
on a contempt committed out of
the House; but only such powers
as are reasonably necessary for the
proper exercise of its functions and
duties as a local legislature.
Semble.-The House of Commons

possess this power only by virtue
of ancient usage and prescription;
the lex et consuetudo parliamenti.
Semble.-The Crown, by its preroga-
tive, can create a Legislative As-
sembly in a settled Colony, subor-
dinate to Parliament, but with su-
preme power within the limits of
the Colony for the government of
its inhabitants; but
Quere.-Whether it can bestow upon

it an authority, viz., that of com-
mitting for contempt, not inciden-
tal to it by law.

The principles of Beaumont v. Barrett,
(1 Moore's P. C. Cases, 59,) and
Burdett v. Abbott, (14 East. 137,)
examined. [Kielly v. Carson] 63

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States of America. This Codicil
was holograph, signed though not
attested, but was well executed,
according to the Austrian Law.
Held by the Judicial Committee
(affirming the Judgment of the
Prerogative Court), 1st, That the
validity of the Codicil was to be
governed by the Law of the domi-
cile; and 2ndly, That the pro-
visions of the 1st Vict., c. 26, ap-
plied to testamentary papers made
in foreign countries by a domiciled
Englishman. [Croker v. The Mar-
quis of Hertford]

DUTCH ROMAN LAW.

See "FOREIGN LAW," 2.

339

ECCLESIASTICAL COURTS

(Practice in).

1. When a party, objecting to a paper
annexed to Letters of Adminis-
tration, has been by the Court as-
signed to declare, whether he pro-
pounds another instrument, it is
irregular and inconclusive, instead
of following up the assignation, to
have the question decided, upon
Petition. But such procedure es-
toppes the parties from further liti-
gation. [Henfrey v. Henfrey] 29
2. A subscribing witness, produced
by the Executor, was examined
upon an allegation, to prove the
Will. Upon his answer to the in-
terrogatories, he admitted that he
was the Solicitor to the Executor
(the promovent), and that he had
employed the proctor in the suit,

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