The Nova Scotia Reports Volume 24

The Nova Scotia Reports Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...It is quite clear from the English cases that where a stay is not granted when judgment is given, a substantive application for that purpose must be made, and that it must be made on notice and not ea; parte. Vicle Wilson's Judicature Act, and cases cited under Order 58, Rule 16. It is contended by Mr. Gourley that in cases where security has been given the.--ame requirements are called for in order that the other party may have an opportunity of expressing his views in regard to the amount of the bail or security, and the sufficiency of the bail or bondsmen. These are the onlv two points on which the judge could exercise any discretion. If the other side were shut out from any opportunity of shewing that these two requirements have not been complied with, when a stay has been granted without notice, I should think there was much force in the objection. But this is not the case, as the opposite party would clearly be entitled to an order setting aside the stay as well as security for non-compliance. On the other hand to make a notice necesssary would, in my opinion, be attended with much practical inconvenience, and is not demanded by the terms of the order. It gives no discretion to the judge in fixing the terms. All that is necessary is that sufiicient security in such reasonable amount as the judge approves should be given. Therefore, before any stay is granted the judge is bound to satisfy himself on the two points of sufficiency and reasonable amount, and the order for a stay must pass. if the party obtaining the order has deceived or misled the judge, it is for the other side to attack it. It is not pretended that the security is insufiicient or that the amount is not reasonable, and I am bound to assume, in the absence more

Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236868927
  • 9781236868923