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Results: 27

  • Abbott v Abbott

    23 Jun 1874 LR 6 PC 220, PC

    CONFLICT OF LAWS — Land held by british subjects in turkey — Validity of Order by Consular Court of Constantinople for the Sale of Lands in Turkey held by British Subjects in the Name of a Turkish Subject.
    SIR MONTAGUE E. SMITH:— June 23. [After determining the question as to the account, his Lordship proceeded:—] It has been contended, lastly, that the order of the 13th of October, 1871, directing the receiver to sell the partnership premises by public auction is invalid and ultra vires of the Court. It appears that, before the protocol of the 18th of June, 1867, British subjects could not hold real property in Turkey in their own names, but, nevertheless, were permitted to hold it in the name of some female relative, who was regarded by the Ottoman law as a Rayah (non-Mussulman)

  • Crédit Foncier of England Ltd v Elie Amy (Walker Bailey v Elie Amy)

    08 Dec 1874 LR 6 PC 146, PC

    PARTNERSHIP — Petition for special leave to appeal — Doléance

  • The Provincial Insurance Co Of Canada v Joel Leduc

    26 Jun 1874 LR 6 PC 224, PC

    Subsequent citations: 3.
    INSURANCE — Marine Insurance — Policy

  • The Rev Charles Parnell, Clerk v Walter Roughton Promoter

    24 Nov 1874 LR 6 PC 46, PC

    PLEADING — “In a Ceremonious Manner” — “Sanctioned or permitted”

  • The Venerable William John Phillpotts, Clerk, MA v The Very Reverend Archibald Boyd, DD

    25 Feb 1875 LR 6 PC 435, PC

    Subsequent citations: 1.
    ECCLESIASTICAL LAW — Jurisdiction of bishop as ordinary — Power of the Bishop of the Diocese over the Fabric of the Cathedral Church of Exeter

  • Brasyer Maclean

    10 Jun 1875 LR 6 PC 398, PC

    Subsequent citations: 3.
    SHERIFF — Sheriff of new south wales — Misfeasance

  • The Compagnie GÉNÉRale Transatlantique v The Owners Of The “F T Barry,” and The “Auburn”

    19 Dec 1874 LR 6 PC 468, PC

    ADMIRALTY — Salvage services — Quantum of Remuneration.
    SIR JAMES COLVILE:— These appeals are upon a question of salvage. The vessel salved, the Amérique, was a very large iron screw steamer of 4,600 tons register, running habitually as a passenger vessel between Havre and New York. In the afternoon of the 14th of April, 1874, being on her return voyage from New York, with eighty-three passengers and a very valuable cargo of merchandize, she was abandoned by her master, crew, and passengers, under the apprehension that she was sinking, and left to the mercy of the wind and waves, when about seventy or eighty miles west of Ushant.

  • Our Sovereign Lady The Queen v Henry Clark Mount and William Charles Morris

    16 Mar 1875 LR 6 PC 283, PC

    HABEAS CORPUS — Penal Servitude for Offences triable by Colonial Courts under their Admiralty Jurisdiction — 16 & 17 Vict. c. 99, s. 6.
    SIR MONTAGUE E. SMITH:— The Respondents (Mount and Morris) were tried at the sessions of the Supreme Criminal Court of the Colony of Victoria, upon a criminal information for murder committed on board a British ship on the high seas, and were convicted of manslaughter. The Chief Justice, who tried them, entertaining doubts as to the nature of the sentence which, by law, might be passed, consulted the other Judges of the Supreme Court, who were of opinion that a sentence of penal servitude might be awarded; and, accordingly, at a subsequent sessions, the Respondents were sentenced to penal servitude

  • Mathias F Courtaux and Antoine Lacombe v William Hewetson

    21 Jul 1875 LR 6 PC 407, PC

    SALE OF LAND — Code napoléon — Sale by Licitation

  • Winter v The Attorney-General Of Victoria Winter v The Attorney-General Of Victoria Mcmillan v The Attorney-General Of Victoria

    22 Jun 1875 LR 6 PC 378, PC

    STATUTE — Construction of sect. 98 of land act, 1869 — Certificate from Board of Land and Works.
    SIR MONTAGUE E. SMITH:— In these three suits the Supreme Court, reversing the judgment of Mr. Justice Molesworth, dismissed the petitions with costs. The question in each appeal turns upon the construction of the 98th section of the Land Act, 1869. The Appellants established, to the satisfaction of the Courts below, and their finding on the facts is not now disputed by the Crown, that the obligations under their leases, including the obligation to improve imposed by sect. 36 of the Land Act, 1862, had been in all respects performed. But the Supreme Court has held, that by the operation

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