land, but the Respondents at the
hearing objected to the reception
of the same, contending, that the
appeal was perempted by the pro-
ceedings had in the month of April.
Held, that such objection was fatal;
that the application for costs after
the decision in the cause, had the
effect of absolutely perempting the
appeal, so as to entirely take
away from the Supreme Court the
power of granting leave to appeal,
as nothing could, after the pro-
ceedings in April, be done to re-
store the appeal from the principal

sentence.

Costs of appeal, under the circum-
stances, refused. [Loughnan v.
Haji Joosub Bhulladina]

373
7. Leave given to appeal, under cir-
cumstances, though the time limit-
ed by the Bombay Charter had ex-
pired, and the decree of the Court
below sanctioning the sale of real
estate, the subject of the suit, had
been partially acted on; the Pe-
titioner undertaking not to disturb
the possession, or title of the pur-
chasers of any part of the property
actually sold; to give security for
costs, and to abide by any order
which the Judicial Committee
might think fit to make, touching
the matters in dispute. [In re
Mahomed Cazum Sherazee] 391
8. Before a party can be admitted to
appeal in forma pauperis to the
Judicial Committee of the Privy
Council, from the Courts in Doc-
tors' Commons, he must have a
certificate of an advocate of the bar

of those Courts, that he has a just
and probable cause of appeal.
Upon such certificate, and taking the
usual oath as a pauper, the surro-
gate may admit an appeal in formá
pauperis [Lait v. Bailey] 436

ARBITRATION.

Award upon a submission to arbitra-

tion; respecting freehold estates
and interest in land in Jamaica.
Some of the parties to be bound
by the reference, being married
women interested in the real estate,
it was held by the Judicial Com-
mittee (reversing the decree of the
Court below), that such award was
invalid, by reason of the coverture
of the parties whose interests could
not be bound by such a reference.
Plea setting up such award in bar to
a Bill for an account overruled.
[Strachan v. Dougall]

ASSIGNEE

(Equitable).

See PATENT," 3.

365

ASSIGNMENT TO CREDITORS.

See "PRINCIPAL AND AGENT," 1.

ATTORNEY-GENERAL.

See "PATENT," 1.

AUCTION.

See "WAGER CONTRACTS."

AWARD.

See" ARBITRATION."

BAIL.

See "LIEN."

BOMBAY CHARTER.
The Bombay Charter (December,
1823), establishes the Admiralty
Jurisdiction of the Supreme Court,
"as the same is used and exercised
in that part of Great Britain called
England, together with all and
singular their incidents, emergents
and dependencies annexed and
connexed causes whatsoever; and
to proceed summarily therein, with
all possible despatch, according to
the course of our Admiralty in
that part of Great Britain called
England." Held, upon a construc-
tion of such Charter, that the rules
and practice of the High Court of
Admiralty in England prevail and
govern the proceedings in the Su-
preme Court at Bombay, in mari-
time causes. [Loughnan v. Haji
Joosub Bhulladina]

See" APPEAL," 6, 7.

BOTTOMRY BOND.

373

The authority of the master of a
ship to pledge by Bottomry for the
purpose of raising money for the
absolute necessaries of the ship,
only arises when he cannot obtain
the necessary advances upon the
personal credit of the owner; and
such power to raise money by
Bottomry is vested in the master,
although the owner resides in the
same country, provided there is no
means of communication with the

owner, and the exigency of the
case requires it.

A Bottomry bond was granted in New
York by the master of a ship, to
obtain money for necessary repairs;
the owner whereof was residing at
St. John's, New Brunswick. A com-
munication by electric telegraph
existed between the two cities.
The bondholder had previously
acted as the general agent of the
owner, and no intimation of the
transaction was made by the mas-
ter to the owner until after the
execution of the bond.
Held upon appeal (reversing the sen-

tence of the Admiralty Court) that
the master having the means of
communication with the owner, no
such absolute necessity existed as
to authorise him to pledge the ship
without communication with the
owner, and the bond declared
void.

Semble. The agent of the owner
may take a Bottomry bond as a se-
curity for advances made by him.
[Wallace v. Fielden] -

CAVEAT.

See "PRACTICE," 4.

CHARTER.
(Bombay.)

"See "APPEAL," 6, 7.

(Calcutta.)

See "PUBLIC OFFICER."

(New South Wales.)
See " APPEAL," 1.

398

COGNOVIT.

According to the practice of the Su-
preme Court at Trinidad, since the
passing of the Ordinance, No. 5,
of 1845, as regards cognovits, con-
fession is signed by the Defendant
in the presence of his Solicitor,
and attached to the proceedings in
the cause, and on application to the
sitting Judge by the Plaintiff's So-
licitor, and production of the con-
fession, and on appearance and
consent of the Defendant's So-
licitor, final judgment is entered
up by the Registrar.

A cognovit actionem, executed in 1846,
was set aside by the Court at
Trinidad, on the ground that the
cognovit was not signed by the De-
fendant in the presence of the
Escribano of the Court, according
to the Spanish laws of 1534 and
1560. Held on appeal, reversing
the order setting aside the cog-
novit, that those laws did not
apply to cognovits, and that the
cognovit being executed according
to the uniform practice of the
Court since the introduction of
the Ordinance of 1845, was a good
and binding instrument. [The
Colonial Bank v. Cazabon] 412

COLLISION.
See" DAMAGE."
"LIEN."
"PILOT."

COLONIAL ACTS.

7 Will. IV., c. 2 (Canada).

See "MORTGAGE."

5 Vict., c. 26 (Jamaica).
See "VERDICT," 3.

VOL. VII.

COLONIAL BAR.

Two Orders made by the Judges at
Sierra Leone, striking a practitioner
of the Courts off the rolls, for
alleged misrepresentation, con-
tempt, and misconduct; held on
appeal by the Judicial Committee,
to have been improperly made, and
ordered to be discharged, and the
Appellant restored to the rolls..
But, under the circumstances of
the case, the Judicial Committee
directed the Appellant to apply to
the Court in the Colony, for such
re-admission. [Smith v. The Jus-
tices of Sierra Leone]

COLONIAL JUDGE.
See "COLONIAL BAR."
"JUDGE."

COMPROMISE.

See "PRACTICE," 5.

CONSPIRACY.

See "WAGER CONTRACT."

CONDITION.

174

-

The Statute, 9 Geo. IV., c. 14, (ex-
tended to India by the Indian Act,
No. 14, of 1840,) held to apply
to an action pending in the Su-
preme Court at the time of its
introduction into India. [The
East India Company v. Oditchurn
Paul]
85
2. Equitable assignee must join with
the legal assignees in advertising,
to entitle him to be heard, for a
prolongation of the term of Letters
Patent, pursuant to sec. 4, Statute,
5th & 6th Will. IV., c. 83, and
rule 2 made in pursuance thereof.
[In re Noble's Patent]
191
3. By the 11th section of the Canada
Chancery Act, 7 Will. IV., c. 2,
the right to redeem is in the dis-
cretion of the Court of Chancery.
[Smyth v. Simpson]
205
After an action was entered in the
Supreme Court at Calcutta, upon
a wager contract, wagers contract
were declared invalid by the Act
of the Indian Legislature, No. 21,
of 1848. Held not to affect ex-
isting contracts, or actions already
commenced upon such contracts,
there being no words in the Act to
show the intention of the Legis-
lature to affect existing rights.
[Doolubdass Pettamberdass v. Ram-
loll Thackoorseydass]
239
By the Statute of Wills (1 Vict.,
c. 26, s. 21), obliterations, inter-
lineations or other alterations in a
Will, after execution, are void, if
not affirmed in the margin, or
otherwise, by the signature of the
Testator, and the attestation of
witnesses. [Greville v. Tylee] 320

Constitution of the Supreme Court
at Calcutta.

See "VERDICT,” 1, 2.

Power of Supreme Court at Calcutta
to remove or suspend officers of
the Court.

See "PUBLIC OFFICER."
Admiralty Court in England, pro-
ceeds in rem in collision causes.
See "LIEN."

Equitable jurisdiction of the Court in
Canada.

See "MORTGAGE."

DOMICILE.

American subjects, born and domi-
ciled in the State of Pennsylvania,
contracted a marriage in that
State, in the year 1831, being, at
the time, members of the Pro-
testant Episcopal Church in Ame-
rica. Afterwards, the husband
was appointed Rector of a Church
in the State of Mississippi, where
he resided with his wife till 1835.
At that time the wife became a
convert to the Roman Catholic
faith. In 1836, both parties went
to Rome, where they abjured the
Protestant faith, and were formally
admitted members of the Roman
Catholic Church. They afterwards,
in 1838, returned to America, and
resided in the State of Louisiana.
In 1843, they again went to Rome,
and upon the rescript and allow-
ance of the Pope, on the joint peti-
tion of the husband and wife, the
husband and wife (with his concur-
rence) took the vows of perpetual
chastity and religious professions,
the husband ultimately taking
orders; and the wife entered into a
religious house as a nun, taking the
Vows of poverty and obedience,
whereupon they separated and
lived apart. In 1846, they came
to England; the husband became
private Chaplain in a Catholic
family, and the wife the Superioress
of a religious community. In 1848,
the husband recanted the Roman
Catholic faith, and again became a
Protestant, when he applied to his
wife to return to matrimonial coha-

2 N 2