Mackixrosu & Dungeon v. Cnarsers Wire.
Mr Manrew having opened the on behalf of the Plamtitfs, The Vice Cuaxcectox—Will you pay the money in question into Court, Mr. Marten.
Mr. Manrex—I do not know what time will be allowed.
The Vice-Cuaxcentor—There was some talk of paying the money into Court the other day, No time shall be allowed with my consent, because the certificate made on the 27th July and no oh; taken to it for the Lon tion, namely on the 15th August. If you make any such offer as have stiygomted, if you will pay the money into Court you nin persuade me to send it buck to the Chief Clerk to review his certificate.. Without that (will net entertain the application at a Mr. Mattes—I do not know whet can aay any tore, Vhe Vice-Cuancentor—I will not do anything other then that.
Mr, Matres—If your Lordship will not allow the matter to be further investigated own not may any more, The V ce-Cursxers.ton—If yon give me sincerity—when Lyay you, st mean you personally.
Mantes—Uf course J understand The Vice-Citaxcenton—If you will pay the money into Court und you wish to dispute the Chief Clerk's certifi which be done on your paying the money into Court, be persuaded to refer the matter back tu the Chief Ulerk without that I dismiss the amine Mr. Maxrss.—1 do not know that I can urge any thing more, not in a ion to make xny proposition about the money into Conet, Mr. Hussuse—Then the summons to vary, 1 understand, he Vice Cirascenson - Yes.
Mr. Heaauxe then proc-oded to op the further cousiderstion.
Mr. Materex was heard on behalf of the 'Who Vice-CiaxcettoR—Astothe casts of the ''trustees, for all they have done in the character of "'trustees they are entitled to the ordinary Trustees' costs; but these are Wrustees who have disputed the right of their cestui que trust. They are the debtora Who ate called upon to psy what they owe, and they say " We owe nothing, but y" owe us money." I cannot allow costs in a case of that sort because they are pay all the costa of it, and if they have any charges to make in their proper character of Trustees those may be allowed, as was urged before the Court, because the Decree is made without prejudice to any rights of the plaintiffs as such Trust aforesaid. For anything I know they may have a right to allowances of that kind for the realisation of this property or other circu stances attending it, I give them leave to xo or carry in any dai their costs or allowances as Trustees, but I will not interfere more with that, They must pay all the ousts of the suit, because it is a matter of el, Mr. Manres as to the rate of interest, it was be at 4 per cent.
The Vice-Cuaxcetton.—At 5 per cent.
ces who have withheld from their cetui que trust the money which is here ought to pay 5 per cent, upon it la the shape of interest. an affidavit as to that, 1 do not think my friend will be objecting to this. It is £1, 1044.1 at the current rate of exchange and the affidavit says, "Have made enquiries respecting the current rate of change as between Chinese and Eu money, and am informed and bali that the lowest current rate at present. quoted is 5s, Of. sterling Eng! twal Chi 18. Shat is on the 9th No her, 1883. It will simplify it to put it into may be properly the subj-ct of it, and if you tell me there is an affidavit and there is no quarrel about it on the other side, I will adopt in the ut order the stim of sterling that sum of taels which the certificate.
Mr. Marres—I have not 1 that affidavit.
Me, Hesntixc—It is only a question of the udd forst MANCELLOR—You ent and toll me if the wrong.
Me. Hestatse that the pluutitts wh forring the shares in the North Chi Insurance No. to Mr, Chalmers, and the Bonds; they must be transferred free from anes. If they have coated any abrances they m The Vice-Casceutor—One wf the two Bonds has been reatiwd and is in the recount, and the other is extant and must be transferred to the owners, Me. Manres—fhat has been ander mortgage by Me. Chalmers, and Mes. Chal-18 bad the mo Mr. Uraitise at is what you said That is what you have been told.
Lhe Vice Cuancenton—You have bee A grea y Unags which you hay J-me, but cannot pay the slight attention to th Mr, Heastxe—Will your Lordship mention " ume for cvmpiying with the order?
The Vics-Cuascector—Four weeks, Miscel ancons.
Text read from the printed page and cleaned; old type leaves the occasional error.