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![handle is hein.slavery/ssactsengr0297 and id is 1 raw text is: SECRETARY OF STATE FOR INDIA V. K. B. SAHABA [1859] XIII MOORE, 22
Lordship here read the judgment, ante, p. 15.]-It is true there are very small
materials to arrive at the question whether the Bill was presented within a reason-
able time or not, but the grounds of the decision of the superior number of the Royal
Court are, in the circumstances, satisfactory to their Lordships, and it is a principle
of this Court that we must be satisfied that the Court below has wholly miscarried,
in order to induce us to reverse a decision of the Court below. We are not aware,
from the judgment, of any other circumstances, than those set forth, which operated
on the mind of the Royal Court, and, as that judgment is, in our opinion, a correct
one, our duty will be to recommend the affirmance of the judgment appealed from,
with costs.
[Mews' Dig. tit. BILLS OF EXCHANGE, E. ACCEPTANCE, 1. I'esentment for; tit.
COLONY, II. PARTICULAR COLONIES, 13. Jersey and Guernsey, c. Laws. See
s. 40 of Bills of Exchange Act, 1882 (45 and 46 Vict., c. 61).]
[22] ON APPEAL FROM THE SUPREME COURT AT MADRAS.
THE SECRETARY OF STATE IN COUNCIL OF INDIA,-Appellant; KAMACHEE
BOYE SAHABA,-Respondent * [July 1, 4, and 9, 1859].
Transactions of Independent Sovereign States between each other, are governed
by other laws than those which Municipal Courts administer. Such Courts
have neither the means of decreeing what is right, nor the power of enforcing
any decision which they may make [13 Moo. P.C. 75].
The Rajah of Tanjore, a native independent Sovereign, but in virtue of Treaties
under the protection of the East India Company, died without leaving issue
male, when the East India Company, in the exercise of their Sovereign power,
and in trust for the British Government, seized the Raj of Tanjore, and the
whole of the property of the deceased Rajah, as an escheat, on the ground
that the dignity of the Raj was extinct for want of a male heir, and that the
property of the late Rajah lapsed to the British Government. Held, that
as the seizure was made by the British Government, acting as a Sovereign
power, through its delegate, the East India Company, it was am act of State,
to inquire into the propriety of which a Municipal Court had no jurisdiction
[13 Moo. P.C. 86].
Semble.-There is a distinction between the public and private property of a
Hindoo Sovereign, as upon his death his private property goes to one set of
heirs, and the Raj and the public property to the succeeding Rajah [13 Moo.
P.C. 83].
The general rule of the Hindoo law of inheritance is partibility. The succession
of a single heir, as in the case of a Raj, is the exception [13 Moo. P.C. 83].
An act done by an agent of the Government, though in excess of his authority,
being ratified and adopted by the Government, held to be equivalent to
previous authority [13 Moo. P.C. 86].
Ameer Sing, a former Rajah of Tanjore, was in the year 1787 the absolute
Sovereign of the fort and country of Tanjore, in the Presidency of Madras. In that
and subsequent years three Treaties were [23] entered into between the Rajahs of
Tanjore and tile East India Company. The first of these Treaties was dated the
10th of April 1787, and made between Sir Archibald Campbell, then Governor of
Madras, and Ameer Sing; but as this Treaty was annulled by the Treaty next
mentioned, it is unnecessary to state its provisions. The second Treaty, dated the
l1th of June, 1793, was made between Sir Charles Oakley, Bart., then Governor of
Present: The Right Hon. Lord Kingsdown, the Right Hon. Dr. Lushington,
the Right Hon. Sir Edward Ryan, and the Right Hon. Sir John Taylor Coleridge.
Assessor,-The Right Hon. Sir Lawrence Peel.
P.C. IV. 9](ViewImageLocal?handle=hein.slavery/ssactsengr0297&div=1&collection=&method=preview&ext=.png&size=3)