This was a motion to appeal from a judgement given by the Aeristant Judge on Jane 29.
Mr. Wright enid be appeared for the defendants and respondents in this case, His Lordehip—No one appears for the appellants.
Mr. Wright ssid that an order was made four days ago that plaintiff pat seoarity for both conte of the action in the Court below and costs of the He had not been served with noder a settlement were OF! any notice by Counsel for the plaintiff not. In the Coort below it was ordered that all costs should be that each security had been purchased. Their Lordships might allow sufficient paid out of the estate, Of course, time to foraish security. Failing that 0 Trostees appealed they did so at their own risk aa 1 coste, ho applied for the case to be strack out. His Lordship—Ho knew that the case Although he had 0 objection to the was on the list this week, and we adjournment, he thought it was made the order fixing security at only fair that the costs sheld be paid $500 becanee we wanted to get by the Trasteew themselves. It was everything in order by the time the putting the estate to costs not necessary appeal would come on. So you may for the protection of the Trustees. rho has bed time to make any His Lordship—Why not necessary.
Mr. Oppe—As the [restess are)" application be likes, If you make no application the appeal will be strack out, sufficiently protected by an order of the Court below.
The appeal will be strack out.
His Lordship—An order has been made on the jadgement decided against the paint Trostees?
Mr. 0; lordship-—And they bare the order which opbeld his settlements, Trastees. He was quite satisfied wit ate Bell ead he was for the plaintiff he appealed, That was the position, The Assistant Judge—It extremely difficalt point.
His Lordsbip—You say that when Trastees appeal they do so at their own risk
Text read from the printed page and cleaned; old type leaves the occasional error.