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m Protected "JB/004/020/002": ready for review ([Edit=Allow only administrators] (indefinite) [Move=Allow only administrators] (indefinite)) |
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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.
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.
LXXVIII.
Identifier: | JB/004/020/002"JB/" can not be assigned to a declared number type with value 4. |
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1830-06-21 |
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004 |
lord brougham displayed |
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020 |
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002 |
[[titles::11 geo. iv sess. 1830 / a bill [as amended by the committee] / for establishing courts of local jurisdiction]] |
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printed material |
44 |
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recto |
(2-43) |
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1941 |
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