Reports of Cases Herd and Determined by the Lord Chancellor and the Court of Appeal in Chancery Volume 58

Reports of Cases Herd and Determined by the Lord Chancellor and the Court of Appeal in Chancery Volume 58

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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. 1872 edition. Excerpt: ...but if it is to be considered as expressing his deliberate opinion, I can only say that, with all the difiidence which I must feel in differing from so eminent a Judge, I dissent from that opinion, and I think that the present appeal ought to be dismissed with costs. THn Loan J USTIcn KNIcHT BRUCn.--It was not from any opin ion of the difiiculty of this point, that the Lords Justices 351 wished it to be brought before the full Court. They were infiuenced by the extensive bearing and considerable impor tance of the question, and the probability, or possibility at least, that were the appellant right, it would be the duty (if I may so express myself) of the legislature to interfere. The Act under consideration is a useful Act, but, construed as the appellant contends, would be a nuisance. THn LoRD JUsncn TURNna.--The object of this Act was to enable trustees to pay money into Court in a summary way, but I cannot agree in thinking that it was meant to exonerate them from any liability to costs, except so far as it necessarily has that effect by making the proceedings less expensive. It has been contended, that cases under this Act fall within a statutory jurisdiction, and not under the ordinary jurisdiction of the Court; that the statute creating the jurisdiction says nothing about costs; and that the Court, therefore, has no jurisdiction to order the trustees to pay costs. To this I think there are two answers: the first is, that the express words of the statute authorize such an order, for that an order on a trustee to pay costs is within the meaning of the Act an order in respect of the trust funds. The second answer--and this may explain why the Act does not in so many words mcntion costs--is, that the fund paid into Court by the...
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Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236816692
  • 9781236816696