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]
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
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."
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
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]
"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."
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]
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
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
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]
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,
« AnteriorContinua » |