Tuesday, August 22. (Before His Honor Mr Justice Johnston.)
His Honor took his seat upon the Bench for tho transaction of any business that might bo brought forward, but as there was a oloan sbeot, the Court was only formally opened, and then adjourned until Sept. 19. DIVORCE AND MATRIMONIAL CAUSES ACT. Tho Court for the consideration of oases undor this Act opened at half -past 10. HITOHEM. V. MITOHBLIi. Mr Slater mado application for further directions under Bule 44 of the Aot. Aftor somo disoussion the Court made an order for the cause to bo tried by a speoial jury at Christohuroh, on Monday, 00t.23. SITTINGS IN BANCO. tubneb ahd othebß v. wlmon and Another. Mr Garriok moved that a deoree be dnwn I up in conformity with tbe draft deoree. I Mr George Harper, who appeared for Mr Joynt, said that that gentleman objected to various points in the deoree as dnwn up, via., the appointment of Benjamin Hale at trustee vioe Wilton, and the making of annual rests, whioh was not in accordance with the dnft deoree, The first objeotion wm to that portion of the deoree which itated that William Wilion should be removed from the tnutee* •hip. Bit Honor Mid he eonld ..oerUial? not
allow that objection. It was perfectly plain that it was the intention to remove the defendant, Wilson, from the trusteeship. Mr Harper said he would them object to the insertion of the name of Benjamin Hale as the successor of the said William Wilson.
His Honor said this mast clearly be a matter of mutual agreement among the parties. Mr Garriok said he would not press this point. All he wanted was to save expense, but he would be quite willing to allow the appointment of a trustee to go to the Begis* trar.
His Honor said that affidavits of the fitness of the party were before the Court. It was true that the proposed trustee had been objected to on the ground of his being brother to the widow and guardian, but this seemed to the Court to be a strained objection. Mr Harper said that if the Court were satisfied as to the fitness of the proposed trustee, he would not press the objection. Order by consent. William Wilson to be removed from the trusteeship, and Benjamin Hale to be appointed thereto ; the decree to be amended with regard to costs. The decree, as amended, was then declared to be an order of the Court.
SITTING IN CHAMBERS.
In be thb Win op Phiup Mabtik, dbcbasbd. — Mr Izard applied for leave to issue probate to Mary Martin, widow ef deceased as exeontrix in the said will. Granted.
Ik bb Debtobs' and Obbditobs' Act : Thomas Gbkqoby Rvvvbli Bttsbbxl. — Mr Qarriok made an application on behelf of the trustee for order fixing the time of payment of final dividend and cost* of application. Application granted ; final dividend to be declared after 14 days' sotioe. Ik bb Wim. of Bobbbt Fbbgusow, Dbcbasbd. — Sir Harper applied for an order for leave to issue probate to Peter Campbell and John Campbell a* executors. The application was granted.
In rb thb Bankruptcy Act, 1867 j la the Ebtatb 07 Db Blaquibb Common.— Mr Jamieson applied for leave to issue t> summons to the said De Blaquire Oompton to appear and be examined pursuant to Sections 285 and 289 of the said Act. The summons waa ordered to bo issued, returnable a week after service.
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SUPREME COURT., Star, Issue 2625, 23 August 1876
SUPREME COURT. Star, Issue 2625, 23 August 1876
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