Imatges de pàgina



OF. (Taxation of the Island of Herm, Con

struction of Orders in Council.) The island of Herm being one of the

dependencies of Guernsey, is, for the purpose of local taxation, part

and parcel thereof. By several successive Orders in Coun

cil, the States of Guernsey were empowered to raise a duty of 18. per gallon on all spirituous liquors retailed and consumed in the island, the produce of which was to be applied in the construction and repair of coast defences, harbours, roads, &c. By an Ordinance of the Royal Court the States prohibited the importation of spirits into the

islands of Sark, Herm, and Jethou :Held, that such prohibition was within

the meaning and authority of the Orders in Council (though not originally enforced), and that the object to which the tax was to be applied formed no ground of exemption to the inhabitants of Herm. [Martin V. M'Cullock]


& Co. any surplus." Before default was made in the repayment of the loan, Palmer & Co. were declared insolvent, under the Indian Insolvent Act, 9 Geo. 4, c. 73, by the thirty-sixth section of which it was declared, that where there had been mutual credit given by the insolvents and any other person, one debt or demand might be set off against the other; and that all such debts as might be proved under a commission of bankruptcy in England, might be proved in the same manner under. the Indian Insolvent Act. At the time of the adjudication of insolvency, the bank were also holders of two promissory notes of Palmer & Co., which they had discounted for them before the transaction of the loan, and the agreement as to the deposit of the Company's paper. The time for repayment of the loan having expired, the bank sold the Company's paper, the proceeds of which, after satisfying the principal and interest due on the loan, produced a considerable surplus. In an action by the assignees of Palmer & Co., against the bank, to recover the amount of this surplus, held that the bank could not set off the amount of the two promissory notes, and that the case did not come within the clause of mutual credit in the Bankrupt Act. [Young v. Bank of Bengal]


INDIAN INSOLVENT ACT. Palmer & Co. having borrowed a large

sum of the Bank of Bengal, deposited Company's paper with the bank to a greater amount, as a collateral security, accompanied with a written agreement, authorizing the bank, in default of repayment of the loan by a given day, “ to sell the Company's paper for the reimbursement of the bank, rendering to Palmer


INTEREST. (What necessary to sustain Suit for

Nullity of Marriage by reason of

Any interest, however slight, provided

it be specific and pecuniary, whether
to be secured in a contingent right,

serjeant-at-arms, directing him to
take the appellant into custody,
justified him in committing, such
custody to the gaoler of the gaol
in Middleser. [Beaumont v. Bar-
rett] -


or released from a possible legal ob-
ligation, is sufficient to entitle a
party to sustain a suit in the Eccle-
siastical Court for nullity of mar-

riage, on the ground of affinity,
Where, therefore, a father brought

such suit to dissolve a marriage con-
tracted by his daughter, after she
was of age, by reason of incest:
-Held, that his possible liability,
under the 43d of Eliz. c. 2, to main-
tain the issue of such marriage, if
legitimate, in case of the death or
impotency of the parents, was an
interest sufficient to entitle him to
sustain such suit; and a sentence
of nullity of marriage was pro-
nounced therein. [Sherwood v.
Ray] -


(Court of Chancery of, Practice in.)
On motion by petition in the Court

below, for the discharge of a Re-
ceiver, the Court refused the motion,
and dismissed the 'petition with
costs, but engrafted on the order of
dismissal certain directions asked
for by the defendants, and support-
ed by their affidavits, in opposition
to the motion. Held, by the Lords
of the Judicial Committee, that such
addition to the order was contrary
to the practice of the Court, and
ought not to have been made; and
that, upon the facts disclosed, an
order for the dismissal of the Re-
ceiver ought to have been made
pursuant to the prayer of the peti-

An order having been made, dismiss-

ing a motion for the settlement of
accounts and payment over of the
balance, on the ground that the
accounts had not been fully taken
under the original decree, or the
balance ascertained, affirmed on
appeal, but without costs. [Palmer
v. Barrett]


(Privilege of the House of Assembly of.)
The power of punishing contempts is

inherent in every assembly possess-
ing a supreme legislative authority;
whether they are such as tend indi.
rectly to obstruct their proceedings,
or directly to bring their authority

into contempt.
The House of Assembly in Jamaica

being possessed of supreme legisla-
tive authority over that island and
its dependencies, have such power,
and were therefore justified in com-
mitting a party guilty of publishing
certain libellous paragraphs, which
had been resolved a breach of the pri-
vileges of the House, to the custody
of the keeper of the common gaol in
the county of Middlesex in that
island, to be detained during the

pleasure of the House.
Quære. Whether the warrant to the

The Act 5 & 6 Will. 4, c. 54, provides

that all marriages which shall have
been celebrated before the passing
of the Act between persons being
within the prohibited degrees of
affinity, shall not thereafter be an-

names of the man, a minor, was designedly concealed, and which was solemnized in such imperfect name; held void under the statute 4 Geo. 4, c. 76, s. 7. 22, the Judicial Committee being of opinion, that the circumstance of the man omitting to sign his full Christian names in the register, indicated his participation in the previous false publication. Tongue v. Tongue]


nulled for that cause by any sentence of the Ecclesiastical Court, unless pronounced in a suit which shall be depending at the time of the passing of the Act :-Held, that the issuing of the Citation in a cause of nullity of marriage seven days previous to the Act receiving the royal assent was within the meaning of the Act, so as to constitute such suit de.

pending The patria potestas of the civil law as

respects the marriage of children was abolished by the Canon law, which is the law by which marriages are governed in this country, except so far as it has been restricted by

the Marriage Acts. Any interest, however slight, provided

it be specific and pecuniary, whether to be secured in a contingent right or released from a possible legal obligation, is sufficient to entitle a party to sustain a suit in the Ecclesiastical Court for nullity of mar

riage on the ground of affinity. Where, therefore, a father brought

such suit to dissolve a marriage contracted by his daughter, after she was of age, by reason of incest: -Held, that his possible liability, under the 43d of Eliz. c. 2, to maintain the issue of such marriage, if legitimate, in case of the death or impotency of the parents, was an interest sufficient to entitle him to sustain such suit; and a sentence of nullity of marriage was pronounced therein. [Sherwood v. Ray]



The Statute of Mortmain does not ex-

tend to the British territories in the East Indies. [The Mayor of Lyons v. The East India Company] - 175


(Jersey.) By the Norman law, which prevails in

Jersey, the owners of fiefs and lordships are entitled to fines on the death of tenants holding lands within their manors, and forfeitures on conviction of crimes; and where a corporation sole or aggregate becomes possessed of lands, by conveyance from a tenant liable to such fines or forfeiture, the corporation must indemnify the lord for the loss of his

seignorial rights. Where, therefore, the lord of a fief,

upon the demise of the Crown without issue, commenced proceedings against the Lieutenant-governor of the Island, to vacate the possession of certain land forming the site of the Government-house, or to pay the lord an indemnity for the loss


(4 Geo. 4, c. 76, s. 7. 22.) A marriage by banns, in the publica

tion of which one of the Christian

occupied and enclosed before any grant of it was made. [Attorneygeneral of Newfoundland v. Ryan], 87

of his dues, such lands having, according to the laws and customs of Normandy, come into mortmain :Held, affirming the decision of the Court of Heritage and Court Royal, that the lord was entitled to indemnity, and the decree directing the Viscount to summon a jury to assess the amount, affirmed. [Thornton v. Robin]


OFFICES. (Security given for due performance.)

( Trinidad.) The offices of Depositario General and

Albacea Dativo, in the island of Trinidad, are distinct and separate offices; and the security giren in the former is not available for defaults made in the latter. (Davidson V. Johnson]





(Right of the Crown to Ships' Room in

the Town of St. John's.) Under the Statutes for regulating the

fishery of Newfoundland, and taking away the public use of certain ships' rooms in the town of St. John in that island, the Crown is not entitled to claim a piece of ground formerly used as a ship's room, against such a possession as would have been a bar to the claim of the Crown, if the land had not been clothed with that character. [Attorney-General of Newfoundland v. Cuddily]



( Canada.) By the old law of France, where the

dealing between a principal and his debtor is of such a nature as to operate simply as a prolongation of time for the payment of the debt, if the surety is not precluded by such dealing from suing the debtor for his indemnity, he will not be discharged; but if such dealing between the principal and his debtor amounts to a present, though but pro tempore payment, as the surety cannot then sue the principal debt. or, he is discharged from his gua

ranteeship. A bill of exchange operates, by the

law of France, as a real contract between the drawer and drawee, and is effet," within the meaning

of Art. 2038 of the Code Civil. Where, therefore, a party became

surety, upon an agreement for securing certain advances, by future consignments of West India produce, and after such adyances, but before any consignments, the party

(Waste Lands, Construction of

5 Geo. 4, c. 51.) Land unoccupied in the island of

Newfoundland, at the time of passing the 5 Geo. 4, c. 51, is within that statute, and may be granted out as waste lands, under the 15th soction, notwithstanding it has been

having contracted to make the same 3. No objection can be taken on the accepted bills to the amount of the appeal that the title of the defendadvances :-Held, that inasmuch as ant was not pleaded specially to an such acceptances operated, as a pro information for intrusion, in the tempore payment of the sums ad- court below. [Attorney-General of vanced under the agreement, the Newfoundland v. Cuddily] - - 82 surety was discharged. [Bellingham 4. The hearing of a cause in the Prev. Freer]


rogative Court is one continuous act,

and after a cause has been set down PREROGATIVE COURT.

for sentence on the second assigna(Time of interposing to appeal.) tion, it is not competent for either See “PRACTICE,” 4.

of the litigant parties to interpose

an appeal till sentence has been PRINCIPAL AND SURETY.

given on the assignation. [Barry v. Butlin]

98 ( Canada.) Where a party became surety, upon

i. Application to dismiss an appeal on

the ground of delay in prosecution, an agreement for securing certain

and no certificate being filed, puradvances, by future consignments

suant to the 31st sect. of the Canada of West India produce, and after

Judicature Act, refused; the rule alsuch advances, but before any con

lowing a year and a day for prosesignments, the party having contracted to make the same accepted

cuting an appeal, though usually

adhered to, not being imperative bills to the amountof the advances: Held, that inasmuch as such accept

upon the King in Council, and the

respondents having no claim to comances operated as a pro tempore pay

plain of delay after laying by themment of the sums advanced under

selves eight months without making the agreement, the surety was dis

any application. [St. Louis v. St. charged. [Bellingham v. Freer]

Louis] -

143 333

6. Leave given to restore an appeal PRACTICE.

dismissed for want of prosecution, 1. The provisions of the 5 Geo. 4, C.

the Court below having consoli113, s. 29, are conclusive, and the

dated it with another appeal in the Judicial Committee have no power

same cause, which was still pendto extend the time there limited ing. [Surroopchunder Sircar Chowfor appealing. [Muter v. Chip

dry v. Ramrutton Mullick] - - 404 chase]

1 2. After a delay of six years the Judi

PRIVY COUNCIL, JURISDICcial Committee refused to grant

TION OF leave to prosecute an appeal, though By the common law this Court posthe delay arose from circumstances sesses the same power as the Courts over which it was sworn the appel- of Record and Statute have, of reclant had no control. (Lindo y. The tifying mistakes which have crept King]

4 in, by misprision, or otherwise, in

« AnteriorContinua »