Action brought by a Tutor to a Minor, in his said quality, against the Defendant, as Testamentary Executor of the will of one Patrick O'Reilly, to render an account. The declaration alleged the appointment of the Plaintiff as Tutor on the 25th April, 1848, but there was no allegation. that the appointment had been enregistered. The Defendant thereupon demurred, on the ground that the declaration contained no allegation either that the Action brought by a Tutor to a Minor, in his said quality, against the Defendant, as Testamentary Executor of the will of one Patrick O'Reilly, to render an account. The declaration alleged the appointment of the Plaintiff as Tutor on the 25th April, 1848, but there was no allegation. that the appointment had been enregistered. The Defendant thereupon demurred, on the ground that the declaration contained no allegation either that the 1* appointment of the Plaintiff as Tutor, or a memorial of such appointment, had been enregistered in the manner prescribed by the 24th section of the Registry Ordinance. The following is the Judgment: "Considering that in and by the 24th section of the Ordinance 4 Vict. c. 30, no action can be brought or maintained in the Courts of this Country, in the name or on the part of any Tutor or Guardian to a Minor or Minors, until after a memorial of the appointment of such Tutor shall have been registered in the manner prescribed by the said Ordinance; considering that it is essential that the registration of the appointment of such Tutor should be alleged in the said Tutor's declaration, and namely, should have but hath not been so alleged in this cause: considering therefore, that the Plaintiff as such Tutor hath not shewn, in and by his said declaration, that he hath such right of action as aforesaid, the Court maintains the said Defendant's défense en droit, and doth dismiss the Plaintiff's action with costs, saving to the Plaintiff his recourse as he may be advised." DRUMMOND and LORANGER, for Plaintiff. |