-Order XVI., r. 33--Action by one next-of-
kin, others not joined-Foreign administration-
Foreign estate--Administrator within jurisdic-
tion.
The effect of Order XVI., r. 33, is to
enable anyone of the next-of-kin of an intestate
to maintain an action for the administration of
his estate without joining the other next-of-kin
as parties. Where a foreign administrator is
within the jurisdiction of this Court, he is liable
to be sued here by one of the next-of-kin for an
account and administration. It is unnecessary
that any part of the estate should be in this
colony. ARMSTRONG v. NEWEY
734

2.
Will construction-Costs- Fund out
of which payable-Residuary devise.] A devise
of real estate, though in terms residuary, is in
law a specific devise, and should not be called
upon to pay the costs of an action for the adminis-
tration of the testator's estate any further than
other specific devises. Where a will makes two
devises, and an action is brought relating in part
to each devise, each devise should, in the absence
of a residuary personal estate, bear the costs of
action relating exclusively to it. RATTEN v.
DENBIGH

259

ADULTERY OF WIFE-Husband's con-

duct conducing to adultery-Wilful
misconduct -

727
See MARRIAGE AND MATRIMONIAL. 4.

ADVERSE

POSSESSION Infancy

Trustee of infant in possession-Tenant
at will

See REAL PROPERTY ACT 1890.

340

AFFIDAVITS-Affidavit made by barrister

arbitrator-Reception of

See ARBITRATION. 2.

676

See MARRIAGE AND MATRIMONIAL.

AMBIGUITY-Parol evidence-Lodgment of

AMENDMENT-Unexplained delay in appli-

1

cation for

501

trustee

See PROBATE. 4.

ADMINISTRATION PRACTICE--Caveat

APPEAL TO GENERAL SESSIONS-
Justices Act 1890 (No. 1105), s. 128, sub-secs. (2),
(9)-Notice of appeal to Court of General Sessions
-Service of notice of appeal-Wairer.] By sub-
sec. 2 of sec. 128 of Act No. 1105, the appellant is
required to give notice of appeal within seven days
after the day on which the decision of the court of
petty sessions is given; by sub-sec. 9 such notice
must be served on the respondent personally, or on
some person at the last-known place of abode of the
respondent. A decision was given in the court of
petty sessions on the 29th December 1890. On
5th January 1891 the appellant served a written
notice of appeal on a clerk at the detective office.
The respondent, who was a detective, did not reside
at the detective office, and was not accustomed to
go there daily. The respondent did not see, or have
knowledge of, the notice of appeal until 27th
January 1891. When the appeal came on for hear-
ing before the Court of General Sessions, counsel
for the respondent took the objection that there
had been no service of the notice of appeal within
the meaning of sec. 128, sub-secs. 2 and 9, of Act
No. 1105:-Held, that there had been no service
of the notice of appeal, and that the respondent
had not waived his right to object to such want of
service by reason of his appearance. In re McRae
(25 Ch. D., at p. 19) not followed. RAY
JUSTICES OF MELBOURNE AND WHITNEY

. THE

186

ARBITRATION-Award-Practice-"Rules
of the Supreme Court 1884"-Order LXIV., r. 14
-9 & 10 Wm. III., c. 15-The Supreme Court Act
1890 (No. 1142), s. 149—Application to set aside
award-Reasonable time-Reference to arbitra-
tion.] An application to set aside an award,
whether such an award be one within 9 & 10 Wm.
III., c. 15, or not, must be made within the time
limited by Order LXIV., r. 14. By sec. 149 of
Act No. 1142 it is provided that "in any case
where reference shall be made to arbitration, the
Court, or a judge, shall have power at any time,
and from time to time, to remit the matters
referred, or any or either of them, to the re-con-
sideration and re-determination of the arbitrators
upon such terms as to costs and otherwise as to
the said Court or judge may seem proper." Held,
that under this section an application to have the
matters referred remitted to the arbitrator must
be made within a reasonable time. SHIRREFS U.
JOHNSON -
- 225

2.

Award made by two out of three arbi-
trators-Reception of affidavit made by barrister
who acted as arbitrator.] By a judge's order the
matter in a dispute in an action was referred to
three arbitrators. After the evidence was closed
the three arbitrators met and discussed their award
generally, agreed upon it, but (as the Court, con-
sidered on the facts) not finally, and adjourned to
a subsequent day to finally put their decision in
writing. On the subsequent day one of the arbi-
trators did not attend the meeting, and the other
two arbitrators made an award differing from the
one generally agreed upon by all three arbitrators.
Upon motion to set aside the award :-Held, that
the award of the two arbitrators was not invali-
dated where the third arbitrator having notice of
a final meeting voluntarily absented himself from
it. An affidavit made by a barrister, who had
acted as arbitrator, received on the ground that
the barrister had thought it proper to make it.
GLENNY v. THE EGLINTON LAND COMPANY
LIMITED
- 676

ASSESSMENT OF DAMAGES-Death
wrongfully caused -Assessment by jury
not by judge

See WRONGS ACT 1890.

213

ASSIGNMENT FOR BENEFIT OF
CREDITORS-Execution by one
partner-Implied authority of partner
See PARTNERS.

[439
ASSIGNEE OF LEASE-Privity of con-
tract-Mortgage-Option of purchase in
- 626

mortgagee
See LEASE.
ATTACHMENT-Attachment of moneys found
upon prisoner before conviction-Money in pos-
session of police-Garnishee.] Money found
upon an accused person under commitment for
trial and detained by the police authorities does
not, unless demanded by the accused, constitute