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for an insurance against fire, and paid the premium, and received an "interim" receipt "subject to all the usual terms and conditions of this company." Before a policy was issued the insurance became a claim :-Held, that this receipt not being a policy of insurance was not subject to the statutory conditions, but was a contract to accept a policy containing the terms and conditions usually inserted by the company, so far as the same were just and reasonable. Ibid.

no jurisdiction in or over a church in that Colony conveyed to trustees for ecclesiastical purposes in connection with the Church of England. The Right Rev. N. J. Merriman (the Bishop of Graham's Town) v. The Rev. F. H. Williams, 95

Charity. See ENDOWED SCHOOLS ACT.

Charity Commission-endowed schools acts, 1869,
1873, 1874: scheme: finality of: vested in-
terest]-The Endowed Schools Acts, 1869 and
1873, enable the Charity Commissioners to
make schemes "from time to time" in respect
of endowed schools:- Held, that as the com-
missioners may amend any scheme, no scheme
is final. In re the Sutton Coldfield Grammar
School, 8
"the

Section 11 of the Act of 1869 preserves
privileges or educational advantages to which
a particular class of persons are entitled ":-
Held, that the word "entitled" means legal
rights and not benefits enjoyed by permission
or bounty. Ibid.

Quebec: provincial legislatures: powers of: the British North America act, 1867: construction: Presbyterian church]-The powers conferred by section 129 of the British North America Act, 1867, on the Provincial Legislatures of Ontario and Quebec to repeal and alter the statutes of the old Parliament of the Province of Canada, are precisely coextensive with the powers of direct legislation with which these bodies are invested by the other clauses of the Act. By an Act of the old Parliament of Canada (22 Vict. c. 66) a board was incorporated for the management of the Temporalities Fund of the Presbyterian Church of Canada. The fund was to be administered in a certain manner and for certain purposes. By an Act of the Legislature of Quebec (38 Vict. c. 64) the disposition of the fund was altered. The provisions of the Act were approved by the Synod of the Church, but the appellant, a minister of the Church, protested against the alteration. The appellant's pecuniary interest was not affected:--Held, first, that the subject-matter of legislation was not "property or civil rights in the province" within the meaning of section 92 of the Act of 1867, and that the Act of the Legislature of Quebec was therefore ultra rires; secondly, that though the majority of the Church Synod assented to the provisions, such assent was not binding on the appellant; and, thirdly, that the appellant was entitled to a decree, though his pecuniary interest was not affected. Dobie v. The "Board for the Management of the Temporalities Fund of Damages. See COLLISION. the Presbyterian Church of Canada in connection with the Church of Scotland," 26

Church. See CANADA; CAPE OF GOOD HOPE.

Cape of Good Hope-church of South Africa: status of: bishop: authority of-The Church of South Africa was constituted by articles which provide that such Church receives the same doctrine, sacraments and discipline, and the same standards of faith and doctrine, as the Church of England, provided that, in the interpretation of the aforesaid standards of faith, such Church be not bound by decisions of faith or doctrine or discipline other than those of its own ecclesiastical tribunals:-Held, first, that this proviso disconnected the Church of South Africa from the Church of England; secondly, that a Bishop of the Church of South Africa has VOL. 51,-P.C.

Collision-admiralty: damages: admiralty or ders, 36 & 67 Vict. c. 85. s. 17]-In a case of collision one ship was found to blame, and the other to have infringed the rules relating to lights; no evidence was offered on the part of the latter ship that the infringement of the rule could not have contributed to the collision:-Held, that the ordinary rule of the Admiralty applied, and that the damages should be apportioned between the two ships. The China Merchants' Steam Nav. Co. v. Walter Lloyd Bignold. The Hochung. The Lapwing, 92

Construction. See CANADA; NOVA SCOTIA,

:

Ecclesiastical Law-arches court: judge, dis
cretion of conviction: sentence: practice]-
The Judge of an Ecclesiastical Court has no
discretion, while finding a defendant guilty
of an ecclesiastical offence, to absolve him
from all ecclesiastical censure or punishment
for such offence. Martin v. The Rev. A. H.
Mackonochie, 88
In a suit instituted against the respondent,
under the Church Discipline Act, the Judge
of the Arches Court found the contents of
the articles proved, and condemned the re-
spondent in costs, but refused to decree
any punishment. On appeal, their Lordships
remitted the cause to the Arches Court, to
decree such punishment as that Court should
deem just. Ibid.

Ecclesiastical Law (continued)-public_worship act, 1874 suit by churchwarden: change of churchwarden: substitution of new churchwarden: practice: churchwarden: represen tation by]-A proceeding under the Public Worship Act, 1874, is not a criminal suit within the meaning of the Church Discipline Act. Harris and Clay v. Perkins and The Rev. R. W. Enraght, 83

A suit under the Public Worship Act, 1874 does not abate by reason of the churchwarden who instituted the suit having ceased to be churchwarden, and the Judge of the Arches Court has no power to substitute a succeeding churchwarden in the place of one who has instituted a suit. Ibid.

Endowed Schools Act, 1869, 8. 14: charitable use: gift within fifty years: interests of a class]-The Endowed Schools Act, 1869, by section 14, sub-section 1, provides that nothing in the Act shall authorise the making of any scheme interfering with any endowment originally given to charitable uses less than fifty years before the commencement of the Act, unless the governing body assent :Held, that an endowment given to charitable uses more than fifty years before the Act, but appropriated by the Court of Chancery to educational purposes within fifty years, is not within the above section. The Rev. J. Ross v. The Charity Commissioners. In re St. Dunstan-in-the-East, 106 Section 11 of the Act and clause 5 of the Amendment Act, 1873, require the Commissioners, in framing a scheme, to have due regard to the educational interests of any particular class who are entitled :-Held, that a scheme providing that the educational fees of a particular class should be increased was not contrary to the provisions of the section or clause. Ibid.

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is not bound to register as owners the pur. chasers of a ship upon such a sale. Chas teauneuf v. Capeyron, 37

Mortgagor and Mortgagee-Victoria: equity of redemption: release: suit to set aside: burden of proof]-The respondent having mortgaged real estate became bankrupt. The official assignee in bankruptcy released the equity of redemption to the mortgagee in consideration of the debt due under the mortgage, and afterwards conveyed all his interest as official assignee to the respondent:-Held, in a suit by the respondent impeaching the releasefirst, that if the release was voidable, the right to set it aside was vested in the respondent; and secondly, that in such a suit the burden of proving the inadequacy of the consideration was on the respondent. The Mel bourne Banking Corporation v. John Brougham,

65

Mutual Debts. See BANKRUPTCY.

New Zealand. See WILL.

Nova Scotia-British North America act, 1867, 8. 108: effect of: provincial railways: statutes, construction of: rested rights affected by sta tute]-The British North America Act, 1867, by section 108, vests all railways belonging to the Province of Nova Scotia in the Dominion of Canada. Prior to the passing of the above Act, the respondents entered into an agreement with the railway authorities in Nova Scotia to work a railway in that province, and after the passing of the Act this agreement was adopted by the Government of Canada, and the railway continued to be worked by the respondents; but in conse. quence of default in such working, an Act was passed by the Dominion Parliament authorising the transfer of the railway to the appellants ---Held, that section 108 of the Act of 1867 vested the railways of the Province in the Dominion subject to existing contracts, and that in the absence of express statutory provision, the railway when transferred was still subject to the contract entered into with the respondents. The Western Counties Rail. Co. v. The Windsor and Annapolis Rail. Co., 43

Parliament. See CANADA.

Practice. See WILL.

Precatory Trust. See WILL.
Probate. See WILL.

Public Worship Regulation Act. See ECCLESI
ASTICAL LAW,

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Will-construction: precatory trust: leave to appeal: application to rescind: practice]A testator bequeathed the whole of his property to his wife, "feeling confident that she will act justly to our children in dividing the same when no longer required by her":Held, that the words in favour of the children did not operate as a precatory trust, and that the wife took an absolute interest in the tes

tator's property. The Mussoorie Bank v. Raynor, 72

Although an Order in Council granting leave to appeal may be rescinded at any time, it is the duty of a respondent to apply to rescind such order as soon as possible. Ibid.

New Zealand: matter inserted by fraud or inadvertence: probate: construction: rules for]-Matter proved to have been inserted in a will by fraud or inadvertence may be rejected on probate, provided such matter does not affect the construction of other parts of the will. No distinction can be drawn between words used by a testator himself and those of the draughtsman who prepares a will. Rhodes v. Rhodes, 53

In construing a will words are to be construed according to their plain ordinary meaning, unless the context shews them to have been used in a different sense, or unless this rule would lead to some manifest absurdity or incongruity. Ibid.

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A testator gave certain property to his wife for life, and the residue of his estate to the issue of their marriage, and "from and after the decease of his wife without leaving issue of their marriage he gave his estate to the appellant. There was no issue of the marriage:-Held, notwithstanding the words "from and after the decease," that the appellant's interest, regard being had to the general scheme and to the several provisions of the will, vested immediately on the death of the testator, and was not postponed until the death of the wife. Ibid.

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PRINTED BY SPOTTISWOODE & CO. 87 Chancery Lane; 30 Parliament Street; 54 Gracechurch Street; and New-street Square.

THE PUBLIC GENERAL ACTS

OF THE UNITED KINGDOM OF

GREAT BRITAIN AND IRELAND:

PASSED IN THE

FORTY-FIFTH AND FORTY-SIXTH YEARS

OF THE REIGN OF HER MAJESTY

QUEEN VICTORIA

At the Parliament begun and holden at Westminster, the 29th Day of April, Anno Domini 1880, in the Forty-third Year of the Reign of our Sovereign Lady VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith: Being the THIRD SESSION of the TWENTY-SECOND PARLIAMENT of the United Kingdom of GREAT BRITAIN and IRELAND.

[graphic][subsumed][subsumed][merged small]

PRINTED BY GEORGE EDWARD EYRE AND WILLIAM SPOTTISWOODE,
PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY.

PUBLISHED BY F. E. STREETEN, PROPRIETOR OF THE LAW JOURNAL REFORTS,
AT No. 5, QUALITY COURT, CHANCERY LANE, LONDON.

MDCCCLXXXII.

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