JB/004/020/002

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Legacy Arbitration

shall have his costs from the party claiming, to be taxed by the Registrar and allowed by the Judge in Ordinary, for which costs the Registrar shall issue execution as hereinbefore directed in the case of actions; and in every such case of claim where the judgment is for the claimant, and in every other case of claim, whether the judgment be for or against the claimant, the costs shall be in the discretion of the Judge, who may order either party to pay either the whole or a part of his costs, to be paid to the party in whose favour the final order is made, or may order that each party shall pay his own costs; and in every case of an order for payment of costs, the same shall be taxed by the Registrar and allowed by the Judge; and the sum so allowed shall be included in the execution issued if it be allowed to the claimant, and execution shall issue for it, if it be allowed for the executor or administrator, as is hereinbefore directed in the case of actions.

Concurrent jurisdiction in legacy.

LXXVII. Provided always, and be it Enacted, That nothing in this Act contained shall be deemed or taken to prohibit any person claiming any legacy from suing for the same in any court of equity in which he might have sued if this Act had not been made, unless he, or some one under whom he claims, shall have first claimed the same before any of the Judges in Ordinary, according to the provisions of this Act, or unless payment of such legacy shall have been obtained under the said provisions; provided further, that no person shall be allowed to claim under the provisions of this Act any legacy, for which he, or any one under whom he claims, shall have already sued for the same as in any other Court, or before any of the Judges appointed by virtue of this Act, whether such suit have been determined or be still pending.

Stay if proceedings in legacy, on proof of others elsewhere pending

LXXVIII. Provided always, and be it Enacted, That if it shall be
made to appear to thesatisfaction of any Judge before whom any claim
of legacy shall be brought by virtue of this Act, either upon matter
alleged in any article of articles filed, or on the oath of witnesses at the
hearing of such claim, that there is any proceeding pending in any other
Court which is likely to affect in any way the final decision of the said
claim, it shall be lawful for such Judge to make an order suspending
the proceedings before him for a time to be specified, or dismissing it altogether,
as he shall think fit; and in either case the having begun a proceeding
before the said Judge Ordinary shall not in any way prejudice
the right of the person or persons claiming, or those claiming through
and under him or them, from proceeding in any other Court for the
recovery of the said legacy.

Reference to arbitration if Judges in ordinary

LXXIX. And be it further Enacted by the authority aforesaid, That
it shall and may be lawful for any persons, whether residing within the
counties aforesaid or in any of the counties adjoining thereunto, by a
memorandum under their hands, to agree that they shall try any matter
in dispute between them, whether it be matter of law or matter of equity,

Identifier: | JB/004/020/002 "JB/" can not be assigned to a declared number type with value 4.
Date_1	1830-06-21	Marginal Summary Numbering
Box	004	Main Headings	lord brougham displayed
Folio number	020	Info in main headings field
Image	002	Titles	[[titles::11 geo. iv sess. 1830 / a bill [as amended by the committee] / for establishing courts of local jurisdiction]]
Category	printed material	Number of Pages	44
Recto/Verso	recto	Page Numbering	(2-43)
Penner		Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	1941
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