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![handle is hein.slavery/ssactsengr0335 and id is 1 raw text is: REPORTS OF CASES heard and determined
by the Judicial Committee and the Lords
of the Privy Council, 1866-67. By EDMUND
F. MooRE, Barrister-at-Law. Vol. IV. N.S.
ON APiPEAL FROM THE SUPREME COURT OF MAURITIUS.
HER MAJESTY'S PROCUREUR AND ADVOCATE-GENERAL,--Appellant;
VIRGINIE BRIUNEAU,-Respondevt * [Feb. 15, 16, and 17, 1866.]
The Code Civil of France, which is in force in the Island of Mauritius, Liv.
III., Ch. IV., tit. i. Des successions irrggulires, Art. 765, provides as
follows:- La succession de 'enfant naturel ddc~d6 sans postrit est d-
volue au pare on d la inare qui l'a reconnu; on par noit d tous les deux, s'il
a td reconnu par t'un et par l'autre: and Art. 766, provides, En cas de
prdgc~s des pare et nire de l'enjfant naturel, les biens qu'il en avait requs,
passent aux [r~res on sceurs 1 gitimes, s'ils se retrouvent en. nature dans la
succession: les actions en reprise, s'il en existe, ou le prix de ces biens alien6s,
s'il est encore dd, retournent 6galement aux frres et sceurs 16gitimes. Tous
les autres biens passent aux frres et sceurs naturels, on 0 lewrs descendants.
Held, that the word descendants in Art. 766, is not limited to legitimate
descendants, so as to preclude the natural children of a natural brother
succeeding to their natural uncle's property [4 Moo. P.C. (N.S.) 35].
Held, further, that there is no restriction with respect to the word descen-
dants in Art. 766: that natural children are descendants within the
meaning of Arts. 765 and 766, which constitute a special law for deter-
mining the succession of natural children dying without posterity; and that
posterite and descendants in those Articles are convertible terms
[4 Moo. P.C. (N.S.) 36].
B., an illegitimate child duly acknowledged, survived his parents, and died
domiciled in the Island of Mauritius, of which he was a native, intestate,
leaving self-acquired property. He had no legitimate relations, but had
two nieces, illegitimate daughters of an only illegitimate brother, who pre-
deceased him, by whom they were duly acknowledged, as also by B. One of
the nieces died shortly after B., having previously constituted her sister
Lgataire unitverselle. The Government claimed the succession of B.:
Held, that the surviving niece was entitled to succeed to B.'s property in
preference to the claim of the Government on the ground of bastardy.
General principles by which Courts are to be governed in construing the Code
Civil, as derived from the decisions of the Cour de Cassation and the leading
Text writers of France [4 Moo. P.C. (N.S.) 31].
The question in dispute in this appeal related to the succession, or right to a
* Present :-The Lord Justice Knight Bruce, the Lord Justice Turner, Sir
James William Colvile, and Sir Edward Vaughan Williams.
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