Lords of the Committee that a complete change in the constitution of
the Royal Court was necessary, yet, as the suspension of new elections
of Jurats would not effect any improvements in the constitution of
that Court, Her Majesty was advised to permit such resignations,
coupled with directions that the same privileges and distinctions that
the retiring Jurats had enjoyed as Jurats should continue to them
during their lives, and ordering new elections to supply the place of
such vacancies. In the matter of the Jersey Jurats
CONSTRUCTION-Of Sec. 25 of the 15 & 16 Vict. c. 83, relating to exten-
sion of English Letters Patent, where a patent has previously been
taken out in a foreign country for a similar invention. In re Poole's
Patent

See BILL OF LADING, 2; BOUNDARIES; CODE CIVIL; COLONIAL
LAW, 5; DEBenture Bond.

CONTEMPT OF COURT-1. An Order suspending an Attorney and
Barrister of the Supreme Court of Nova Scotia from practising in that
Court, for having addressed a letter to the Chief Justice, reflecting on
the Judges and the administration of justice generally in the Court,
discharged by the Judicial Committee, as it substituted a penalty and
mode of punishment which was not the appropriate and fitting punish-
ment for the offence.

The letter, though a contempt of Court, and punishable by fine and
imprisonment, having been written by a Practitioner in his individual
and private capacity as a suitor, in respect of a supposed grievance as
suitor, of an injury done to him as such suitor, and having no con-
nection whatever with his professional character, or anything done by
him professionally, either as an Attorney or Barrister, it was not com-
petent for the Supreme Court to go further than award to the offence
the customary punishment for contempt of Court; or to inflict a per-
fessional punishment of indefinite suspension for an act not done
professionally, and which, per se, did not render the party committing
it unfit to remain a Practitioner of the Court. In re Wallace

2. Committal of publisher of Newspaper for alleged contempt of
Court in commenting on the administration of justice in the Supreme
Court of British Guiana. In re McDermott

CONTRACT, RESCISSION OF: See ACTION; Vendor and PURCHASER.
COSTS-1. Where there had been delay in lodging petition of appeal
within the prescribed time, and the right of appeal gone, leave was
given to appeal on payment of costs. Casanova v. The Queen

2. Leave given to the Attorney-General of Victoria to appeal with-
out giving security for costs. In re The Attorney-General of Victoria
3. Security for costs in a cause of forfeiture and penalties for breach
of revenue laws, not necessary, as far as regards penalties. George v.
The Queen

..

PAGE

94

514

283

260

115

147

Wilson v. The

5. Attorney in Lower Canada acting in his own cause, and on his
own behalf, entitled to fees as Attorney on record. Gugy v. Brown
6. Costs on reversal of decree of Court below in a cause of damage;
both parties being held to blame. The "Agra" and The "Elizabeth
Jenkins"

CRIMINAL SENTENCE OF COURTS IN THE COLONIES,
APPEALS FROM: See APPEAL, 9; PREROGATIVE.

PAGE

CROWN GRANT-Leases granted by the Governor of South Australia,
under powers conferred on him by the Colonial Act, 21 Vict. No. 5,
sec. 13, for regulating the sale and other disposal of waste lands
belonging to the Crown, sealed with the public seal of the Province,
but not enrolled or recorded in any Court, are not in themselves
Records; and, though bad on the face of them, being for a larger
quantity of land than allowed by the Act, cannot be annulled or
quashed by a writ of Scire facias.

Such writ is a prerogative judicial writ which must be founded on
a Record, and cannot under the Constitution of the Supreme Court in
South Australia issue out of that Court.

The proper remedy for an unauthorized possession of lands of the
Crown in the Colony is by information in Chancery, or Writ of intru-
sion. The Queen v. Hughes

CROWN LANDS IN AUSTRALIA: See COLONIAL LAW, 1.
CROWN, PREROGATIVE OF: See CONSTITUTION OF
COURT OF JERSEY; PREROGATIVE.

THE ROYAL

CUSTOMS' ORDINANCES: See HARBOUR DUES; REVENUE.

DAMAGES-1. Exemption of owners having a licensed Pilot on board
from damages. The "Velasquez'

81

494

2. Where both vessels were to blame in causing a collision the
damages were directed to be equally divided. The "Agra” and “Eliza-
beth Jenkins"

..

See ACTION; COLONIAL LAW, 4.

DAMAGES AND COSTS-1. Awarded by appellate Court on reversal of
sentence of condemnation and forfeiture for alleged infraction of the
Sierra Leone Customs Ordinances. Rolet v. The Queen

501

198

2. Where there was no probabilis causa for seizure of a Foreign
vessel for an alleged infraction of the Slave Trade Act, 5 Geo. 4, c. 113,
upon appeal damages and costs, which had been refused by the Court
below, awarded. The "Ricardo Schmidt"

268

3. When there was probable cause for seizure the Vice-Admiralty
Court refused to certify for damages and costs. Wilson v. The Queen

DATE OF WILL: See COLONIAL LAW, 7.
DEBENTURE BOND-The St. A. & Q. Railway Company, incorporated
by a local Act, being also a land company, transferred by agreement,
together with the undertaking, all its property, lauds, rights, and ap-
purtenances to the N. B. & C. Railway Company, also incorporated
such agreement being confirmed by a private Act of the Imperial
Parliament.

The N. B. & C. Railway Company having borrowed money, issued
Debentures to secure the same; these were termed Mortgage De-
bentures, the principal and interest thereon being secured on the
undertaking, and all moneys to arise from the sale of the lands of the
Company, all future calls on Shareholders, and all tolls and sums of
money which should become due with the plant and rolling-stock, and
with power of entry and possession of the same, in failure by the
Company of payment of principal and interest as therein specified,
with a proviso that nothing therein coutained should be held to limit
the power of sale or appropriation by the company of any of the lands
of the Company, nor constitute a charge on the same. These bonds
were not registered :-

Held, by the Judicial Committee, first, that such Tebentures did
not constitute a charge in the nature of an equitable mortgage on the

405

lands of the Company, so as to give the holders of such Debentures a
right to restrain the sale of the lands by Judgment creditors of the
Company, or any title to the proceeds of the lands when sold.

Secondly, that as Judgment creditors under an execution take the
precise interest, and no more, which the debtor possesses in the pro-
perty seized, the sale being a sale by the law, and not by the Com-
pany, such Judgment creditors took the lands subject to any incum-
brances, legal or equitable, that they were subject to in the hands of
the Company. Wickham v. The New Brunswick and Canada Rail-
way Company

DEBTOR AND CREDITOR: See INSOLVENCY.

DEBTS, LIABILITY OF NEW FIRM FOR DEBTS OF OLD FIRM:
See INSOLVENCY, 1.

DECISIONS, OBSERVED UPON, OVERRULED, &c.-1. THE QUEEN
v. CLARKE (7 Moore's P. C. Cases, 77), commented on and explained.
The Queen v. Hughes

..

..

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64

81

2. The case of THE QUEEN v. SCAIFE (17 Q. B. Rep. 238), in
which a new trial was granted, after conviction for Felony by
the Court of Queen's Bench, examined and not followed. Reg. v.
Bertrand ..
DERELICT: See SALVAGE.
DESCENDANTS-construction used in Articles 765 and 766 in Code
Civil; held to include natural children. Her Majesty's Procureur v.
Bruneau ..

DEPOSITIONS OF WITNESSES at former trial for Felony read over to
witnesses, and improperly received as evidence at fresh trial. Reg. v.
Bertrand
DEVIATION OF SHIP'S COURSE in performing salvage services ren-
dering policies on salving vessels void, effect of, in estimating salvage
reward. The "Scindia." The "Sir Ralph Abercrombie "
DOMINICA-Power of the Legislative Assembly to commit a Member of
that House for contempt. Doyle v. Falconer ..
DUTCH REFORMED CHURCH, constitution of, under Cape of Good
Hope Ordinances of 1843 and 1847. Murray v. Burgers

520

169

520

241, 454

ECCLESIASTICAL LAW-1. L., the tenant and occupier of the Manor-
house in the parish of W., instituted a suit in the Chancery Court of
York against P., the Incumbent and perpetual Curate, for perturba-
tion of a pew, held by L. as appurtenant to the Manor-house, and
occupied by him therewith for nearly forty years. P., the Incum-
bent, admitted the destruction of the pew by his orders and direction,
but pleaded-first, to the jurisdiction of the Court, on the ground that
the Church was not in law a Church, never having been re-consecrated
since its general repair in 1825; and, secondly, that the permissive
occupation of the pew was not sufficient to entitle L. to sue :-Held,
by the Judicial Committee,-

First, that, it appearing from the evidence, that the Church of W.
having been repaired and rebuilt under a Faculty, upon its old founda-
tion, the Tower and eastern wall and windows never having been re-
moved, and some of the Offices of the Church performed during the
repairs, it had never ceased to be a Parish Church so as to require re-
consecration, but remained subject to the authority of the Diocesan ;
and that the judgment of the Court below overruling, the protest to
the jurisdiction was right: and,

Secondly, that as a pew being in the Chancel may legally belong to

328

362

a party in respect of the ownership of a house, the title by occupation
of such a pew was rightly pleaded, and, if proved, would entitle L. to
maintain his suit.

Semble, If a Church be rebuilt on the old lines of foundation, in-
cluding within it the same originally consecrated ground and no more,
the Ecclesiastical law does not require that such Church should be re-
consecrated. Parker v. Leach

2. The Dutch Reformed Church in the Colony of the Cape of Good
Hope is a voluntary society, constituted and subsisting by mutual
agreement. The regulation of its Ecclesiastical affairs depends upon
contract; and the authority of its governing Bodies is derived wholly
from the admission and agreement of the members, Ecclesiastical and
lay, which constitute the Church or Society. This contract or agree-
ment is embodied in certain laws and regulations, which were settled
by Ordinance No. 7, in 1843; and subsequently altered, in 1847, by
virtue of authority contained in the Ordinance of 1843. By Article
187 of the Ordinance of 1843, the Synod or General Assembly was
organized, and made the sole and exclusive Tribunal for the trial of
charges of false doctrine against Ministers. By one of the alterations
made in 1847, the jurisdiction and authority thus given to the Synod
as a Court of first instance was transferred to the Presbytery, with an
appeal to the Synod; with liberty, where a case which concerns the
welfare of the Church in general had been decided in the Superior
Court, and, being capable of appeal, no appeal had been brought, for
the Synod to take cognizance of it; though incapable of exercising or
enforcing an original or primary jurisdiction. So Held by the Judicial
Committee, on the construction of the Ordinances of 1843 and 1847,
and the Laws and Regulations for the direction of the Dutch Re-
formed Church appended thereto, upon an appeal from a sentence of
the Supreme Court of the Cape of Good Hope, in a case where a suit
had been brought in that Court against the Members composing a
Synodical Commission, to reverse and annul a sentence of suspension
of a Minister of that Church pronounced by the Synod:-

Semble, that since the alteration made by the Ordinance of 1847,
the Synod has no discretionary power of assuming primary jurisdic-
tion in a charge of false doctrine against a Minister; such charge must
be made and determined in the first instance by the Presbytery.
Murray v. Burgers

..

PAGE

312

362

ELECTION OF JURATS: See CONSTITUTION OF THE ROYAL COURT OF
JERSEY.

EQUITABLE MORTGAGE: See DEBENTURE BOND.

EVIDENCE-1. The burthen of proving that goods are not liable to
Custom duties lies on the party claiming exemption. Rolet v. The
Queen

..

198

342

241

2. What is necessary to prove a charge of fraudulent transfer in
contemplation of Insolvency. Nunes v. Čarter

3. Admission of fresh evidence on appeal refused. The "Scindia"
4. A foreign vessel was seized in an English harbour under the
Slave Trade Act, 5 Geo. 4, c. 113, and proceeded against under that
Act:-Held, that rule of evidence in Statute, 5 & 6 Will. 4, c. 60,
could not be admitted. Presumptive evidence of vessel being engaged
in the Slave Trade. The "Ricardo Schmidt "

5. A Prisoner was tried by the Court in New South Wales for
Felony, the jury, not agreeing, were discharged, and a fresh trial had.
On the second trial, at the same sittings, before another jury, some of

268

the witnesses having been re-sworn, the evidence given by them at
the first trial was read over to them from the Judge's notes, liberty
being given both to the prosecution and to the Prisoner to examine
and cross-examine :-Held, that the course adopted by the Judge at
the fresh trial was irregular, and could not be cured even by the con-
sent of the prisoner. Reg. v. Bertrand
EXTENSION OF TERMS OF LETTERS PATENT: See PATENT.

FALSE DOCTRINE-Proceedings against Minister of the Dutch Re-
formed Church in the Cape of Good Hope on charges of false doctrine.
Murray v. Burger's

PAGE

520

362

411

..

520

FEES ALLOWED AN ATTORNEY in Lower Canada, acting in his
own cause as Attorney on Record. Gugy v. Brown
FELONY-No new trial from conviction lies. Reg. v. Bertrand
FIEF, action to recover part of ungranted land of: See COLONIAL LAW, 10.
FIERI FACIAS-According to the law of New Brunswick, freehold
lands of debtor, if thre personal estate is exhausted, may be sold under
a fi. fa. Wickham v. The New Brunswick and Canada Railway ..
FIRE, LIABILITY OF MASTER FOR NEGLIGENCE OF SER-
VANT: See COLONIAL LAW, 4.

FOREIGN LAW: See COLONIAL LAW, passim.

FOREIGN PATENT: See PATENT, 5.

FORMA PAUPERIS, appeal in: See APPEAL, 7.

FRAUDULENT POSSESSION: See BILL OF LADING, 1.
FRAUDULENT PREFERENCE: See INSOLVENCY.

FRENCH LAW: See COLONIAL LAW, 4, 5, 7, 9, 10, 11.

HARBOUR DUES-Sentence of the Vice-Admiralty Court of Sierra
Leone, condemning goods and boats seized for breach of the Customs
Ordinances of the Colony, reversed, with damages and costs: it being
proved that the vessel from which the goods were unshipped, though
off the harbour of Freetown, was not within three miles (the limit of
jurisdiction) from the shore at the time of the unloading, and conse
quently not liable to the harbour dues payable under the Customs
Ordinances. Rolet v. The Queen

HOLOGRAPH WILL: See COLONIAL LAW, 8.

ILLEGITIMATE NIECE: See COLONIAL LAW, 5.
INJUNCTION: See MORTGAGE.

INSOLVENCY-1. R., F., and R., partners in business, and dealing with
F., S., & Co., took T. and S., clerks in their employment, into part-
nership with them. The partnership was constituted by deed, to
continue for three years, and a balance-sheet shewing the liabilities
and assets of the existing firm was drawn up and admitted by all the
partners. The new firm continued to trade, up to the period of its
insolvency, upon the same footing and with the same books as the old
firm-no distinction being made in their payments, or balances, or
between the debts or assets of the new, or what was the old firm.
F., S., & Co., continued to deal with the new as they had done with
the old firm. R., F., and R. having become insolvent, F., S., & Co.,
creditors to a large amount, proved against the estate of the new firm.
VOL. I.
3 3 C

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198