Arrêts de la Cour Suprème, de la Cour de Vice-amirauté, Et de la Cour Des Faillites de L'ile MauriceWilliam Maxwell, 1880 - Law reports, digests, etc |
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Common terms and phrases
accordingly action admitted affidavit alleged amount appeal application Article assignees Aubagaron BAIL COURT Bankruptcy Bills of Lading canal cause Civil Code Civil partnership claim Cocos Colony contended contract Cosmoledo costs Counsel for Defendants Counsel for Plaintiff Credit Foncier creditors damages Daniel Martin dants debt declaration dismissed District Court District Judge District Magistrate ELLIS,-Acting First Puisne entitled Estate facts fendants Fontaine freight Gautier guano Held Honor A. G. ELLIS,-Acting jurisdiction land Lapaille liable licitation Magistrate Martin Master Mauritius ment Notary objection opinion Order in Council Ordinance owners paid parole evidence parties partnership Paturau payment Penal Code person Plain Plaines Wilhems plea plot of ground Port Louis proceedings question Raoul rate of Exchange regard Res judicata Respondent Rupees Second Puisne Judge seizure Seychelles shillings ship SUPREME COURT tender tion Trublet usage Velayoudachetty versus wife Wilson Swale witnesses writ
Popular passages
Page 17 - of the Civil Code which runs as follows : " Les héritiers qui auraient diverti ou recelé les effets d'une succession, sont déchus de la faculté d'y renoncer, ils demeurent héritiers purs et simples nonobstant leur renonciation, sans pouvoir prétendre à aucune part dans les objets divertis ou recelés.'' The Defendants contended that it is now
Page 12 - Pai 3 provides that novation takes place " lorsque par l'effet d'un nouvel engagement, un nouveau créancier est substitué à l'ancien, envers lequel le débiteur se trouve déchargé." Two conditions are therefore necessary to constitute novation under this part of the Article : lo. A new liability
Page 90 - What is its effect upon such obligations contracted subsequently. The answer to the first question is to be found in the provisions of the 9th and 10th Sections, and must be, that sums expressed in sterling under any contract or engagement public or private in force
Page 135 - and Lord Brougham's Acts. The third section of the latter act provides inter alia as follows : " But nothing herein contained shall render any person who in any criminal proceeding is charged with the
Page 102 - according to its ordinary import in " the world at large ; evidence therefore of " mercantile custom and usage is admitted, *' in order to expound it and arrive at its true " meaning. Again, in all contracts, as to the '• subject matter of which known usages
Page 135 - compellable to give evidence for or against himself........ or shall in any criminal proceeding render any husband competent or compellable to give evidence for or against
Page 20 - March 1879 In this case the Plaintiffs moved for leave to appeal to Her Majesty in Her Privy Council. The claim of the Plaintiffs in the action naturally sub-divided itself into, and was disposed of by the Court under two branches. The questions arising under the first branch of the
Page 101 - It has been established " beyond dispute, that a petitioning creditor's " debt, contracted during the trading of the " debtor, will support a commission taken " out against him on an act of bankruptcy " committed after the trading has ceased. " This point has been settled to be the Law by " various decisions commencing with that of
Page 80 - clause of Article 3 of Ordinance No. 11 of 1869, which runs as follows : " It " shall not be lawful for any District Magis" trate to award against any offender a severer " punishment than imprisonment for a period " not exceeding twelve months, or a fine not " exceeding £ 50.
Page 103 - page 361) it was laid down by the Judges of the Privy Council that " when " evidence of the usage of a particular place " is admitted to add to or in any manner to " affect the construction of a written contract " it is admitted only on the ground that the " parties who made the contract are both " cognizant of the usage, and must be pre*