credit of the church rates of any parish, for the purpose of defraying the expenses of any church or chapel: Held, by the Judicial Committee of the Privy Council, reversing the judgment of the Arches Court of Canterbury, not to authorize churchwardens to borrow money, upon the credit of the church rates, for repayment of a debt incurred in past years for repairs to the church. Piggot v. Bearblock, 4 M. 399.

CONTEMPT. See APPEAL, 3.
COSTS. See SLAVE TRADE ACT.
CROWN. See SLAVE TRADE ACT.

DIVORCE. See APPEAL, 2. ECCLESIASTICAL COURTS. ECCLESIASTICAL COURTS.-Consistory-PrerogativeDivorce-Sentence-Fraud-Collusion.-The validity of a sentence passed in 1816 by the Consistory Court of London, decreeing a divorce à vinculo in a suit of nullity of marriage, may be impeached in a suit brought in 1842 in the Prerogative Court for granting letters of administration by the issue of the marriage pronounced null and void by the sentence of 1816. But in order to set aside such sentence, collusion between the parties, and fraud practised thereby upon the court, must be satisfactorily shown. An allegation impeaching a sentence and pleading facts which, if proved, might amount to fraud, but no collusion, rejected.-Meddow v. Huguenin, 4 M. 386. ERASURES. See WILL, 1.

EVIDENCE. See APPEAL, 3. WILL, 1.
EXECUTION. See WILL, 3.

FOREIGN WILL. See WILL.

FRAUD. See ECCLESIASTICAL COURTS.

FRENCH LAW. See TRANSFER.

INFANT. See MADRAS.

JAMAICA. See APPEAL, 1.

JURISDICTION. See MADRAS.

LOWER CANADA. See TRANSFER.

MADRAS. Supreme court-Jurisdiction-General ordersInfants-Registrar-Commission-Public policy.-By a general order made on the equity side of the Supreme Court of Madras, it was ordered that whenever it shall appear that the property of any infant is unprotected, and not secured for his or her benefit, the registrar shall, with the previous consent of the court or a judge, institute

proceedings on behalf of such infant for the purpose of protecting his or her person or property. In pursuance of this order, the registrar of the Supreme Court, upon petition, obtained an order giving him liberty to file a bill on the equity side of the Supreme Court, as the next friend and on behalf of infants, for an account of their father, who died intestate, against their mother, the administratrix; and notwithstanding an appeal against such order, such bill was filed, to which the defendant put in a plea, which being over-ruled, a further appeal from such decision was interposed to her Majesty in Council. By the practice of the Supreme Court the registrar is entitled to a commission of five per cent. on all sums of money paid into court. Held by the Judicial Committee, that the order of the equity side of the Supreme Court, being made under the general jurisdiction of the Supreme Court, and not the statute 2 & 3 Vict. c. 34, was void, it being against public policy to allow an officer of the court to institute suits in the conduct of which he might have a direct personal interest, and the orders made in pursuance thereof reversed. Kerakoose v. Serle, 4 M. 459.

ORDONNANCES. See TRANSFER.

PATENT.-Extension of term-Foreigner-Advertisements in England.-Term of letters patent for refining sugar by filtration through beds of granulated animal charcoal extended for six years, on the ground of the advantage the public had reaped from the discovery, notwithstanding that the novelty of the invention was small. Where the party applying for an extension is resident abroad, and has no manufacture in England, advertising in the newspapers published in the town or county where the persons to whom he has granted licenses are resident is a sufficient compliance with the 4th section of the act 5 & 6 Will. 4, c. 83. In re Derosne's Patent, 4 M. 416.

PREROGATIVE.

See ECCLESIASTICAL COURT.

REGISTRAR. See MADRAS.

SLAVE TRADE ACT.-Attachment for non-payment of costs -Discharge-Crown-Captor's costs.-A party attached for nonpayment of costs decreed against him on appeal under the Slave Trade Act, in which the crown and the captors were the respondents, upon supersedeas by the crown, ordered to be discharged out of custody, notwithstanding the captor's objection to the crown receiving costs out of the proceeds of the sale of the vessel condemned. By the 44th section of the 5 Geo. 4, c. 113, the captors of a vessel employed contrary to the provisions of the act are only entitled to a moiety of the proceeds of the sale thereof after deducting the costs of prosecution. Jinnings v. Hill, 4 M. 369.

SUPREME COURT. See MADRAS.

At

TRANSFER.-French law of Lower Canada - Debtor and creditor-Deconfiture-Commission to examine witnesses.-The firm of S. & W. H., in Lower Canada, being indebted to J. W., transferred seventy-five promissory notes to a factor on his account. the time of the transfer S. & W. H. were en deconfiture. A saisée arrêt having subsequently issued by other of the creditors of S. & W. H., the seventy-five notes in the hands of the factor were attached. Held, by the Judicial Committee, that the transfer, having taken place before the execution of the saisée arrêt, was valid by the French law in force in Lower Canada. A commission for examination of witnesses in Canada to prove such deconfiture in the circumstances refused. Semble, by the old French law prevailing in Lower Canada, all ordonnances not registered are void. Hutchinson v. Gillespie, 4 M. 378.

WILL.-1. Alterations and erasures, when presumed to be made.— A will contained alterations and erasures affecting the amount and objects of the testator's bounty, the existence of which, at the time of the execution, the attesting witness could not depose to: Held, by the judicial committee, in the absence of all direct evidence as to the alterations and erasures, that the presumption of law was that such alterations and erasures were made after the execution of the will, and probate of the will granted in its original form. Cooper v. Bockett, 4 M. 419.

2. Codicils-Reference- Incorporation. -Testator by his will, made in 1823, directed his executors to pay any legacies he might afterwards give by any testamentary writing, witnessed or not; and after making various codicils, he, in 1838, made a codicil which was signed but not attested; and by a further codicil, in 1839, duly signed and attested, he declared that he thereby ratified and confirmed his said will and codicils: Held, that such general reference was not sufficient to identify and so incorporate the codicil of 1838 in that of 1839, and probate of such codicil refused. Croker v. Hertford (Marquis), 4 M. 339.

3. Execution-Evidence.-The factum of a will held, under the circumstances of the case, to be sufficiently proved, though one of the subscribing witnesses deposed that he did not see all that the testator wrote, only the large initial of his Christian name; and the other witness stated that she did not see what he wrote, but that he acknowledged the paper to be his will in their joint presence. Evidence of illiterate witnesses as to the acts not affecting their interests, when opposed to the probable acts of an educated man, no fraud being in question, is to be received with great caution. Cooper v. Bockett, 4 M. 419.

4. Foreign will-Englishman domiciled abroad-Wills Act.-A domiciled Englishman, while resident at Milan, executed, in October, 1838, a codicil, disposing of personal property situate in the United States of America; this codicil was holograph signed, though not attested, but was well executed according to the Austrian law: Held,

by the Judicial Committee, affirming the judgment of the Prerogative Court, 1st, that the validity of the codicil was to be governed by the law of the domicile; and, 2ndly, that the provisions of the 1st Vict. c. 28, applied to testamentary papers made in foreign countries by a domiciled Englishman. Croker v. Hertford (Marquis), 4 M. 339.

5. Wills Act-Operation of.-The statute Vict. c. 26, extends generally to wills made previously to the passing of the act, where alterations have been made affecting such wills subsequent to the 1st of January, 1838. S. C. ib.

ACQUIESCENCE. See EXECUTOR, 1, 2.

ADMINISTRATION.-Assets-Devisee and legatee.-Specific legacies and devised real estates must contribute rateably to the payment of specialty debts. Cornwall v. Cornwall, 12 S. 298, overruled. Gervis v. Gervis, 14 S. 654.

ADMISSION. See ANSWER, 1, 2.
AGENT. See AWARD, 2.

AMENDMENT.

See ANSWER, 4. PRACTICE, 1.

ANNUITY. See USURY. WILL, 1.

ANSWER.-1. Admission and discharge.--On an inquiry before the master, the plaintiff read from the answer and examination of defendant, the executor, an admission that a promissory note for 4001., belonging to the testator, had come to the hands of the executor shortly after the testator's death; and the executor was then allowed to read the further statement, that some years afterwards, when the plaintiff (the sole residuary legatee) came of age, he had delivered the note to the plaintiff, who thanked him for taking care of it. East v. East, 5 H. 343.

2. Admission and discharge-Evidence-Declaration of trustTrustee and cestui que trust.-A. transferred a sum of stock into the joint names of herself and B. and then informed B. of the transfer, expressing her confidence that B. would fulfil the wishes which A. might express to her respecting the same. After the death of A. her administratrix filed the bill against B. for the transfer of the stock, as part of the personal estate of A.; B., by her answer, admitted the transfer of the stock into the joint names of A. and B., and stated that A. afterwards from time to time told her, B., what part of the stock and dividends should be tranferred and paid to different persons, and, subject to such dispositions, desired her to hold the remainder for her own use; and B. also by her answer stated that she had, in pursuanee of such direction, paid the several sums to the persons mentioned: Held, that the plaintiff having read from the answer the admission of the transfer upon trust, was bound also