....

AFFIRFMATIVE DECLARA- Attachment of monies,-Summons for validity thereof,-
TION UPON OATH
Garnishee,-Suit or action under Ord. 34 of 1852 Art. 60,
-Appeal from Judgment of District Magistrate......
Solemn," Autrefois acquit ",-Punishment,-Information
bad in law,-Appeal from Conviction of District Ma-
gistrate....

AFFIRMATION

AGREEMENT

ALLEGATION

Work, Delivery,-Excess of work,-Appeal from a Judg.
ment of District Magistrate

Of fraud," Inscriptio falsi",--Notarial acquittance,-C.
C. Arts. 1115, 1319, 1341, 1347, 1348,-C. of C. P. Art.
214,-Summons to show cause,-Amendment of plea,
-Adduction of written evidence

AMENDMENT OF PROCEED- Action in damages,-Costs,-Absentee,-Vacant Estate,

Curator thereof,-Illegal occupation,-Erroneous aver-
ments, Amendment of proceedings....

Of plea,-Summons to shew cause,-Adduction of written
evidence,--Allegation of fraud,-" Inscriptio falsi ",
Notarial acquittance,-C. C. Arts. 1115, 1319, 1341,
1347, 1348. C. of C. P. Art. 214......

Appeal from Judgment of District Magistrate,-Jurisdiction
of District Courts,-Claim with interests exceeding £50,
Abandonment of interests

Appeal from a Judgment of District Magistrate,-Action in
damages,- Principal and Agent,-Oral proof,-Claim
exceeding £50,-Want of Jurisdiction,-A bandonment
of part of the damages

.....

Of a written obligation, --Claim of $1500,-Discharge of
the same by two subsequent leases,--Evidence,-The
"droit de chasse" may be legally teased,-The lease
may be legally transferred
Of Contracts of Indian labourers,-"Certiorari”,—Legal au-
thority to sign the same as mandatory,―Contracts may
be legally passed between third party, acting on behalf of
employers and labourers, with power of attorney grant-
ed by the mandatory of the employer,-Right of the
Supreme Court to revise Judgments of Stipendiary Ma-
gistrates by way of "certiorari"

From a Judgment of District Magistrate,-Attachment of
monies,--Summons for validity thereof, - Garnishee,—
His affirmative declaration upon oath,-Suit or action
under Ord. 34 of 1852 Art. 60
From a Judgment of the Master,-Attribution of sale price,
-Original purchaser, --Personal Creditor,-Set off,-
"Tierce Opposition"

From a Judgment of District Magistrate,-Ord. 24 of 1855,
Ord. 21 of 1851, Arts. 45, 46, 51 & Ord.34 of 1852,
-Jurisdiction of the Court,-Judges at Chambers, -
Municipal Taxes,-Mayor's Warrant,- Set off
From a Conviction of District Magistrate,-Fale & Mali-
cious denunciation in writing,-Arts 297 & 299 Colonial
Penal Code,-Information,-Omission by an Accuser
of initialing accused name,-General ground of Appeal
From a Judgment of District Magistrate C. C. Arts. 1341,
1342, 1346, 1139 & seq,-Costs,-" Commodat or Prêt
à usage."-Oral Evidence," Dol” (Fraud) “Misc en
demeure"
From a Conviction of District Magistrate,-Penalty,-Mo-
tion in mitigation, Ord. 35 of 1852,-Art. 123
From a Conviction of District Magistrate,-Perjury,-Re-
cord,-Court of Record,-Magistrate's notes,-Written
evidence of deposition by accused,-Ord. 35 of 1852
Arts. 105, 106 & 119 ...

From a Judgment of District Magistrate,-Form of such
Appeal,- Ord. 35 of 1863 Arts. 14 & 23,-Water Ord.
Rivers & Canals,-Syndic,-Joint Syndic or Guardian

From Judgment of the Master,-" Co-licitants," Their
privilege, Stipendiary Magistrate's Judgment ...
From Judgment of District Magistrate,--Work,—Agree
ment,-Delivery,- Excess of Work....
From a judgment of District Magistrate,-Rivers,-Streams
and Canals,-Ordinance 35 of 1863,-Right of Appeal
in case of conviction under the said Ordinance
Right of, under Ord. 35 of 1863, in case of conviction
From a Conviction of District Magistrate,-Rivers,-Streams
and Canals,-Ordinance 35 of 1863,-New trial..
To Privy Council,-Leave to appeal,—Value in dispute...
From a Conviction of District Magistrate.- Information bad
in law,—Affirmation bad in law,-" Autrefois acquit"
Punishment
From a Judgment of District Magistrate,-Jurisdiction of
District Courts,-Claim with interests, exceeding
£50,--Abandonment of Interests,-Amendment....
To Privy Council,-Delay,-Power to grant leave by the
Court
From a Judgment of District Magistrate,-Art. 40 of the Penal
Code,-Two distinct charges in the same information,—
Possession of Stolen property, without sufficient excuse
or justification,—The obscurity of the Information msut
embarass the Defence....

Appeal from a Judgment of District Magistrate,-Conviction
under Art. 301 of the Penal Code,-Larceny by night
and by means of breaking,-Right of Magistrate to
apply a less penalty with the consent of Prosecutor
From a Judgment of the District Magistrate of Seychelles,-
Cancellation of deed of sale,-Refunding of the mo-
ney spent on the purchase,-Damages..
From a Judgment of District Magistrate,--Embezzlement,

-Art. 333 Penal Code ..

28

From a Judgment of District Magistrate,-Trespass, -- Da-
mages

96

From a Judgment of District Magistrate,-Remit to him to
allow Counsel to examine witness....
From a Judgment of District Magistrate,-Job-Contractor
must be designated in the Contract,-No men can be
indentured to a Job-Contractor, without he, having a li-
cense,-No men can be engaged to the same beyond the
period of his license,-Special forms of Contract must
be used to be able to transfer indentured men from one
Estate to another, without their consent, -Contracts of
labourers with Job-Contractors must be specific to be
general,-The consent to be given before changing Es-
tates by Indians, indentured to Job-Contractors, is not
necessary when engaged under a general guarantee,—
Contracts must be signed and not stamped by the Ma-
gistrate, Contracts must be signed or marked by the
contracting parties themselves

From a Judgment of the Master,-Objections to certain
collocations made by him,-Attornies bills of costs,--
Excessive amount thereof,--Art 2101 C. C.
From a Judgment of the District Magistrate of Seychelles
Art. 166 C. C.-Demand to set aside a notarial deed,
-Arts. 457 & 458 C, C.—Plea of " Res Judicata
Art. 1351 C. C.

66

99

108

112

APPEAL

.....

From a Judgment of District Magistrate,-Remit to him,-
Oral Evidence,-Identity.

114

APPEAL

APPEAL

APPLICATION

From a Judgment of District Magistrate,-Action in dama-
ges for breach of Contract,-Principal & Agent,—Oral
proof,-Claim exceeding £ 50,-Want of Jurisdiction,
-Abandonment of part of the damages,-Amendment
From a Judgment of the District Magistrate of Seychelles,--
Petitory action.-Art. 26 of the Code of Civil Proc.,-
Memorandum of Survey,-Possessory Action
For Transcription of seizure at the Mortgage office,-Oppo-
sition thereof,-Seizure of rent,- Erasure of the same at
the Mortgage office,-New seizure

ATTACHMENT OF MONIES. Summons for validity thereof,-Garnishee,-His affirmative

declaration upon oath,-Suit or action under Ord. 34 of
1852, Appeal from Judgment of District Magistrate
Bills of Costs,-Excessive amount thereof,- Art. 2101 C. C.,
-Appeal from Judgment of the Master,-Objections
to certain collocations made by him ....
Of sale price,-Original purchaser,-Personal creditor,--Set
off,-"Tierce opposition,"- Appeal from Judgment of
the Master.

Appeal from Conviction of District Magistrate,-Solemn
Affirmation,-Information bad in law,-Punishment..

B

Inventory,Absence and remaking of books,-Purchase
made during prosecution before District Court, Undue
preference in payment,-Motion for Certificate refused
Books,- Evidence,-Sales at reduced price,—yearly inven-
tory,-Certificate refused.

Books carelessly kept,-Refusal of a certificate
"Saisie Revendication",- Art. 2102 of the Civil Code to be
applied in commercial matters,-Revival of a repealed
Ordinance by the repeal of the repealing Ordinance,-
Question not decided,--Evidence,-The Possession of
goods in the hands of the Official Assignee and not in
that of the buyer, creates no privilege of vendor......
Seizure of goods by the Official Assignee,-Claim of the
same,-Possession,-Evidence

Limitation of the right of departure from the Colony,-Ord.

29 of 1871,-Right of the Supreme Court to force
Bankrupts to furnish sufficient security not to quit the
Island until final Judgment - Evidence

Raised by Sequestration on the credit of an Estate,—Bills
excluded from account current,-Sugar belonging to
Sequestration account, pledged on Dock-warrant,-Re-
mit to Master to adjust account,-Account current,―
Claim of Balance thereof
Excluded from account current,--Sugar belonging to Se-
questration account, pledged on Dock-warrant,-
Remit to Master to adjust account.-Sequestration,-
Account-Current,-Claim of balance thereof,- Breach
of duty,--Bills raised by sequestrator on credit of the
Estate
Attornies,-Excessive bills of costs,-Art. 2101 C. C.,-
Appeal from Judgment of the Master,-Objections to
certain collocations made by him
Evidence, Sales at reduced price,-Yearly inventory,-Cer-
tificate refused,-Bankruptcy

....

....

.....

Carelessly kept, -Refusal of a certificate,-Bankruptcy
Bills raised by sequestrator,- Bills excluded from account-
current,-Sugar belonging to sequestration account,
Remit to Master to adjust account,-Sequestration,—
Account-Current,-Claim of balance thereof

1

BREACH OF PROMISE
CONTRACT

BREACH OF CONTRACT

BREACH OF CONTRACT

BRITISH CONSUL

BRITISH SUBJECT

CANALS

CANALS

CANALS

OF SALE

Allegation of fraud,-Action in damages,-Demurrer, Arts.
1341, 1347, 1348, C C.,-Notarial deed
Damages,-Evidence,-Contract

Action in damages,-Principal and Agent,-Oral proof,—
Claim exceeding £ 50,-Want of jurisdiction,—Aban-
donment of part of the damages,-Amendment,-Ap-
peal from a Judgment of the District Magistrate......
Preliminary enquiry made by him,-His powers of commit-
ment,-Trial in Mauritius,-Documents of the enquiry
to be evidence, but in their entirety,-Crime in foreign
countries by British subject
Crime committed in foreign countries,--Preliminary enquiry
by a British Consul,-His powers of commitment,-
Trial in Mauritius,-Documents of the enquiry to be
evidence, but in their entirety

C

.....

......

Appointment by the father of a family," Servitude par
destination du père de famille, "- Pipes, Drawing
water," Droit de puisage," -Costs,-Arts. 680, 692,
702 C. C..

.... Rivers,-Streams,-Ord. 35 of 1863, Right of Appeal in
case of conviction under the said Ord.,—Appeal from a
Judgment of District Magistrate

Rivers, Streams,—Ord. No. 35 of 1863,—New Trial, -- Ap-
peal from Conviction of District Magistrate

CANCELLATION OF DEED Refunding of the money spent on the purchase, -Damages,
-Appeal from a Judgment the District Magistrate of Sey-
chelles ....
Bankruptcy,-Inventory,-Absence and remaking of books,
-Purchase made during prosecution before District
Court,-Undue preference in payment,-Motion for

CERTIFICATE

CERTIFICATE

CERTIFICATE

TIONS

"CERTIORARI "

......

......

Certificate refused Bankruptcy,-Books,-Evidence,- Sales at reduced prices, -Yearly Inventory,-Motion for Certificate refused.. Refusal to grant,-Bankruptcy,- Books kept carelessly.... CERTIFICATE OF INSCRIP- The non-mention thereon of an Inscription, upon which an ordre was established, cannot be inferred as an extinction of a debt,-Claim of a deposit,-Cession of priority. ... Stipendiary matter,--Job-Contractor,-Contract of Service, -Guarantee of the proprietor,-Dismissal of Job-Contractor,-Form of security bond Annulation of Contracts of Indian labourers,-Legal authority to sign the same as mandatory-Contracts may be legally passed between third party, acting on behalf of employer and labourers, with power of attorney granted by the mandatory of the employer,-Right of the Supreme Court to revise Judgment of Stipendiary Magistrates by way of "Certiorari With interest exceeding £ 50,-Abandonment of interest,Amendment, Appeal from a Judgment of District Magistrate,-Jurisdiction of District Courts

CLAIM EXCEEDING £50.. Want of jurisdiction,—Abandonment of part of the dama-
ges,-Amendment,-Appeal from a Judgment of Dis-
trict Magistrate,--Action in damages for breach of con-
tract, Principal and Agent,-Oral proof
Their privilege,-Stipendiary Magistrate's Judgment,-Ap-
peal from a Judgment of the Master...
Appeal from a Judgment of the Master,-Objections to cer-
tain collocations made by him,-Attornies bills of costs,
-Excessive amount thereof,-C. C. Art. 2101 .....
Powers of a British Consul in a foreign country,-Crime
committed by British subject,-Preliminary enquiry,-
Trial in Mauritius

"COLICITANTS

COLLOCATIONS

COMMITMENT

......

COMMERCIAL MATTERS.. Bankruptcy,-"Saisie,-Revendication”,--C. C. Art. 2102 to
be applied in commercial matters,-Revival of a repeal-
ed ordinance by the Repeal of the Repealing Ordinan-
ce,-Question not decided,-Evidence, The Posses-

"COMMODAT OR PRÊT A

USAGE

CONTRACT
CONTRACT

CONTRACT

CONTRACTS OF
LABOURERS

....

sion of goods in the hands of the Official Assignee, and
not in that of the buyer, creates no privilege of vendor
Oral evidence," Dol," "Mise en demeure,"- Appeal
from Judgment of District Magistrate,-Arts. 1341,
1342, 1346, 1139 and seq. C. C.,-Costs
Breach of Contract,- Damages,--Evidence..
Special form must be used to be able to, transfer inden-
tured men from one Estate to another without their
consent,―Contract of labourers must be specific to be
general,-Contracts must be signed and not stamped by
the Magistrate,-Contracts must be signed or marked by
the contracting parties themselves, -Job-Contractor
must be designated in the contract,-No men can be
indentured to a Job-Contractor, without, he, having a
license,-No men can be engaged to the same beyond
the period of the license..

Action in damages, Breach of contract,-Appeal from a Judg-
ment of District Magistrate,-Principal & Agent,-Oral
proof,-Claim exceeding £ 50,-Want of Jurisdiction,
-Abandonment of part of the damages,-Amendment
INDIAN Its annulation,-Legal authority to sign the same as man-

datory,Certiorari"-Right of the Supreme Court to
revise Judgment of Stipendiary Magistrate by way of
"certiorari”,-Contracts may be legally passed between
third party, acting on behalf of the employer and la-
bourers, with power of attorney granted by the man-
datory of the employer

Guarantee of the proprietor,-Dismissal of the Job-Con-
tractor,-Form of Security bond,- "Ce: tiorari",-Sti-
pendiary matters,-Job-Contractor
Pipes and Dikes,-Fine,-Water Ordinance,-Rivers and
Canals, Syndic,-Joint Syndic or guardian thereof,-
"Riverains",-Appeal from a Judgment of District Ma-
gistrate,-Form of such appeal,-Ord. 35 of 1863 Arts.
14 and 23..

Homologation of a deed of partition,-Fxcessive costs,-

Actual disbursments and one half of the professional
charges only allowed to the notary and attorney,-No
costs for homologation....

Attornies bills of costs,-Excessive amount thereof,-Art.
2101. C. C.,-Appeal from a Judgment of the Master,
-Objections to certain collocations made by him

COURT OF RECORD...... Magistrate's notes,--Written evidence of deposition by ac-

CREDITORS
CRIME

cused,-Ord. 35 of 1852 Arts. 105, 106 and 119,-Ap-
peal from conviction of District Magistrate,-Perjury,-
Record....

.....

...... Alienation of Provision, granted by children to their father,

in favor of his creditors

Committed in foreign countries by British subjects,-Preli-