The Modern Practice of Chancery : Containing All the Statutes And Orders From the Trustee Relief Act (10 & 11 Vict. C. 96) to the General Order of 24th Dec. 1852, With Explanatory Notes, And All the Reported Cases to 1853
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See their Report of 27th January, 1852, Appendix, p. 100. The exercise of this jurisdiction being discretionary in the Court will obviate the objec- tion of Sir G. Turner, V. C, viz., that the effect of such a power would be that if an executor chooses to enter on his books payments of money, those items may be allowed, and thus the onus will be shifted from the party on whom the law casts it on to a party on whom the law casts none. See his evidence before the Lords' Committee on the Masters' ...Jurisdiction in Equity Bill, Report of 21st July, 1851, p. 111. (6) These orders take effect and come into operation from and after the first day of Michaelmas Term, 1852, Order 60. For the interpreta- tion of certain words in them, see Order 61, post. Class XVII. note. Sect. 3 & 4.J jurisdiction. 37 sold a t any tim e after the institution thereof, and such sale 15&I6V.C.86. shall be as valid to all intents and purposes as if directed to be made by a decree or decretal order on the hearing of such cause ; and any par ty to the suit i n possession of such estate, or in receipt of the rents_aa.d profits thereof, shall be com- pelled to deliver up such possession or receipt to the pur- chaser or such other person as the Court shall direct.
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