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advantage of by many, who from want of time and It was then proposed by Captain W. N. Forbes, and other causes could otherwise do nothing.

seconded by Mr. W. Storm, A plan of a hotel has been prepared by Messrs.

Resolution 1st. - That the report be approved of. Burn and Co., which Mr. Spence approves of; and as Carried unanimously. he agrees to open it on much the same footing as the one conducted by him here, the question now remains

Proposed by Mr. C.K. Robison, and seconded by to be considered," whether or not an adequate sum for Captain Forbes, its erection is likely to be raised ? Messrs. Bi and Co.

Resolution 2d.—That the scheme of the tontine be are not at present prepared to give an estimate or

approved of. enter into a contract; but from the abundance of materials on the spot, they are disposed to think, the expense An amendment was, however, proposed by Dr. of such a building at Darjeling would be considerably O'Shaughnessy, seconded by Mr. Patrick, and carried, less than in Calcutta. The scheine of the proposed that instead of a tontine scheme, the necessary funds be tontipe has been kindly drawn out by Mr. Curnin, and raised by proprietary shares of 250 rupees each. along with the plan, both are now submitted for consideration.

Proposed by Mr. Samuel Smith, seconded by Mr. Doubts have been expressed by some persons as to Dearie, the probability of a hotel succeeding ai Darjeling, and

Resolution 3d. - That a committee be appointed for the Mussoorie one is quoted as being nearly a failure.

the Without enquiry here into the accuracy of this assertion call a meeting of subscribers, when it shall appear that

purposes slateil in the report ; with instructions to it appears to us, that the circumstances are totally dif

a sufficient puniber of shares are subscribed. ferent. The Mussoorie hotel was started after the num. ber of bungalows built exceeded the demand for them.

This resolution being carried nem, con., it was moved Ai Darjeling there is not a hut at present available. by Mr. R. Stewart and seconded by Captain Forbes, No doubt it may be argued thal the hotel is not likely to be patronised after parties have built their own bunga. Resolution 4th. - That the committee do consist of the lows; but the answer here again is, that the ca-es are following gentlemen, ris. Messrs. J. W. Grant, C. K. not parallel; and whatever number of bungalows are Robison, J. Curnin, Samuel Smith, W. Patrick, Theo. built at Darjeling, it may be fairly presumed, there will Dickens, Hl. V. Bayley, Major Garstin, Capt. Bruce, always be a sufficient influx of Bengal visitors, who, Lieut. (ilmore, II. M. Low, W. F. Fergusson, G. G. from various causes, would prefer a residence at the Macpherson, Dwarkanauth Tagore, and Prosonocoomar hotel, to the trouble and expense of building houses l'ayore, with power to aild to their number. for themselves.

Most persons present are aware, that measures are Proposed by Mr. C.K. Robison, and secouded by now in progress for the construction of a public roail, and Captain Forbes, four staying bungalows. These undertakings will pro- Resolution 5th. That Mr. H. M. Low be requested bably be completed against February next. There are 10 act as honorary secretary. Carried nem. con. other maiters of importance to the settlers. Such as arranging for a proper dak line; managing the details Proposed by Captain Forbes and seconded by Mr. connected with these bungalows ; fixing on a European W. Storm. of respectability near Titalay, who would keep a store

Resolution 6th.-That the committe be authorized to there and at the station, and act likewise as ag agent in procuring bullocks, &c. &c. These objects must be &e., for which expense the subscribers shall be respon

to incur any necessary expenses in circulating books, attended 10 by the committee to be now appointed. It

sible. may be satisfactory, however, to the meeting to learn, that a statement regarding the alteration of the dak line Proposed by Mr. W. Prinsep, seconded by Captain has been already submitted to the proper authorities, Forbes, enable a traveller to lay dàk from Calcutta at once to and authrized to place themselves in communication with (with every prospect of success,) which, if adopted, will

Resolution 7th.–That the committee be requested The second bungalow at Punkabanee, 1,500 feet above Government on all subjects connected with ihe Sanatathe sea level, and where he may arrive with ease on

rium, and particularly to endeavour to have the road now the fourth evening.

in With these observations this report may be concluded.

progress, converted into a good carriage road. The subject in all its bearings is now before the commu. Proposed by Mr. H. M. Low and seconded by Mr. C. nity at large ; and whatever difference of opinion there K, Robison, may be, as to the means proposed, discussion cannot fail

Resolution 8th.-That the thanks of the meeting be to promote the speedy establishment of an object, conducive alike to the health and recreation, of a great pro- given to her, Currin, for the trouble he has taken in prea portion of the Europeans in the Bengal presidency.

paring the plan of a .

HENRY M. Low. Resolution 9th.– That the thanks of the meeting be Calculla, 15th June, 1838. WM, BRUCE. giveu to the chairman.-llurkaru, June 16.


On Tuesday evening, we attended the above perform. Mrs. Chester welcomed with hearty congratulations, ance at the Town-hall, and considering the circum- which, doubtless, stimulated her to do her utmost to stances under which it had been got up, we were agree. please ber audience ; for sbe acquitted herself much to able surprized to find it so well attended. There could their satisfacttian. not have been less than twelve hundred rupees in the Mrs. Valadares warbled through passages of consi.

O'Mauley was quite at home : his comic song of night review." We are aware that it is a very difficult “ St. Patrick was a gentleman," was very good, and piece, and we have seen Phillips fail in it. more so his Duelt with Mrs. Chester; “When a little

Jem Crow and “ The Lover's Mistake" certainly farm we kept.” He has gooil taste in his singing, as all

were mistakes, and we would recommend Colonel Free. the world knows from Dublin to Calcutta, and is an love to save the prompter a great deal of trouble, and excellent comic actor.

himself too, by learning bis part better the next time he

undertakes one. Mr. Linton was in good voice: he sang, “ Ob maiden Mr. Rykmann, senior, on the Basso Bassoon, was fair," with Mrs. Chester in very beautiful style; but beautiful. His son, through indisposition was unable we think he was not quite so successful in The Alid-10 allend.-Murkaru, June 21.


R. D. Mangles, Esq. who has been appointed to the board on Tuesday last, the 19th instant, it being the officiate as a member of ihe Suddler Board of revenue, first board day, al which he has attended ever since in the room of Mr. Wallers, who has proceeded to sea bis appointment as member of it.- Hurkaru, for the benefit of his health, took his oallis and seat at June 26.




A meeting was held at the Town-hall, this morning, a contract for the more durable building, the Company Friday the 29th June inst.

would no doubt have the benefit of a competition, which

at present cannot be expected. On the whole then, Messrs. J. W. Grant, J. Abbot, S. Smith, W. Pa- afier giving the subject their best attention, your comtrick, J. Cumin, C, Dearie, W. Bruce, W. Storm, A. mittee would recommend; Grant, D. McPherson M. Dugal, C. K. Robison, J. 1st. That authority be given to levy the subscription Spence, Davidson, J. H. Stocqueler, Gray, W. Jack-forth with ; son, R. Evans, R. Walker, Captain Harrington, A. H. 2u That a sub-committee of three be named for Sin, G. Prinsep, Willis, Eaile, Barwell, and 11. M. Low. the above purpose, and with power to carry through the

The secretary read the following report from the necessary arrangements for vesting the properly in tbeir committee :

games, as trustees for the company ; THE COMMITTEE'S REPORT.

30. That the committee be directed to make ar. By the 31 resolution passed at the public meeting rangements for the erection of a temporary building at of the 15th instant, your committee was directed to an expense not exceeding Rs 6,000, and at the same call a meeting of shareholders so soon as it appeared a time to secure a respectable tenant for opening it as sufficient number of shares had been subscribed for. a hotel. In conclusion, your committee have to obo Upwards of ninety having been taken on the 220, your serve, that though active operation cannot be commenccommittee felt jusutied in calling the present meeting, ed on the spot, before the month of October, still it is and they have now to report the number of shares very necessary that certain measures should be in prosubscribed for as 105.

gress here, with as little delay as possihle. That some It will be in the recollection of the meeting that difficulties exist is unquestionable, but if resolutions are two plans for the proposed hotel were produced on the passed to the effect recommenced, your committee feel 15th instant; and ibat neither of them were approved of. confident, these difficulties will soon be surmounted, and Your committee at their first meeting, caine io the same that the sanatarium of Darjeling will thereby be estab. conclusion, viz. that there were objections to both; and lished on a permanent footing, by next hot-season.-J. Major Garstin having kindly undertaken to make a new W. Grant, Chairman. '. plan, it was accordingly submitted for consideration at

RESOLUTIONS. a meeting of the committee on the 22d. At this meet.

1st. Moved by Mr. Abbot, and seconded by Mr. ing too, another plan by Messrs. Burn and Co. was laid on Ibe table.

Stocqueler, that the report now read be approved, and Your committee do not feel authorized to recommend that the meeting do authorize the committee to carry either for adoption. They approved generally of Major lirough the whole measure recomended. Carried Garstin's, as from the explanations given by him, seems to combine comfort with economy. But before Dearie-That Messrs. J. w. Grant, w. Patrick, and

2d. Moved by Mr. Smith, and seconded by Mr. adopting a plan at all, it is evident that some reference Dwarkanauth Tagore, be the trustees for the company must be made to the amount of sunds, subscribed for

, with the powers recommended. Carried nem. con. as well as to the opinions and wishes of the tenant who is to occupy the premises. Another consideration is 3d. Moved by Captain Harrington, and seconded by impossibility of finishing a building on the scale contem- Mr. George Prinsep—That at present a temporary plated so early as March next. Your committee, there building is alone in contemplation, it will be sufficient at fore, are decidedly of opinion, that a temporary building first to raise Rs 100 per share. Carried nem. con. should be erected at a moderate expense; and, though at 4th Moved by Captain Harrington, and seconded by first this recommendation may almost have the appearance Mr. Bruce, -That the committee be authorised to apply of throwing away money, they are satisfied the result Rs- 200, in aid of the bungalow subscription.-Carried would prove a saving. Ample time would thus be given nem. coni, for practically ascertaining the value of materials, 5th. Thanks to the chairman, moved by Mr. Pas

nem. con.



Proceedings of a meeting of the committee held at the , as a grievance, and he proposed that a respectful appli.

Society's office, No. 3, Clive-street ghaut, on Monday cation be made to the board of customs, salt and the 25th instant.

opium, pointing out the grievances sustained by land.

holders, particularly in consequence of a new order of the Rajah Kallykissen Babadoor ; Rajah Rajnarain Roy | board, that the security taken from any gomastahs or Bahadoor; Rajah Burro lacaunt Roy ; Cowar Suttchurn other servants should be on a distinct stamp, by which Ghosaul; Baboo Dwarkanauth Tagore; Baboo Pro- the amount previously required is doubled to 16 (on 800nocoomar Tagore; Baboo Ramcomul Sen; G. A. salaries of 3 to 5) rupees per month. That, as all leases Prinsep, Esq.; G. Vint, Esq ; W. C. Hurry, Esq., and kabooleats between zemindars and ryuts are exempt. and W. F. Fergusson, committee.

ed from all stamps, it appears, that persons who are emBaboo Shreemonthloll Khaw, member.

ployed in collecting the rents from the above lessees, The gentlemen proposed at the last meeting as mem- ought on the same principle, either to be exempted, or bers of the Society were unanimously elected.

at least put on a lower slamp. This was seconded by The following gentleman was proposed as a member : Rajah Kallykissen Bahadoor, and carried unanimously.

Proposed by G. Vint, Esq. and seconded by Baboo Resolved, that a circular letter, inviting new members Dwarkanauth Tagore -- W. Bruce, Esq.

to the Society be lithographed for distribution. The stamp dury now levied on the kobooleats and

W. COBB HURRY, security bond of the gomastahs and other moffussil

PROSOONOCOOMAR TAGORE, servants, was mentioned by Baboo Dwarka nauth Tagore' Hurkaru, June 30.]

Honorury Secretaries


The following has just reached us from a correspon and the superintendlent of police, and proceedings will dent and we publish it without comment :

be immediately instituted in the Supreme Court. It is

needless to say, that the assailants had no sort of legal " A firm in your city, having some causes of discon process with them, which could give any colour to their fent with a genileman, with whom they were in partner: proccedings.”—Hurkaru, June 21. ship in a sugar concern, contrived first to have him arrested upon a partnership balance sworn to, it is said, as a private account! The arrest was illegal, being With reference to a statement which appeared in your performed by bursting open bis door, at nine o'clock at paper yesterday, from a correspondent, respecting an night! to the unspeakable terror of his family. attack on a sugar factory by some sailors and others, I

beg to inform you, that the facts alleged to bave occur. Having got the managing partner out of the way, their red are highly coloured, although there is some faint senext step was to demand possession of the factory, which semblance in the general outline. With the parties sent to the assisiants, acting by orders of their principal, refused take possession, there were 10 not 30 sailors, who were to give, anil, in two or three days, boats with about carried up, in order to prevent a breach of the peace, thirty EUROPEAN SA FLORS, and forty burkandauzes, were which it was supposed might follow any collision between brought up from Calcuita, and the factory taken by the burkandauzes of ile respective claimapts to hold the storm ; though there was no great fighting of course, for factory. There was not the slightest resistance, the the assailing party were headed by Europeans, and the late occupiers baving one and all left the premises, it is two European assistants in the factory, very properly supposed, on the report of a party of sailors advancing turned the whole of their attention, to protect the manag. being received, and no part of the furniture or private ing partner's Jady, her two children, and female ser property was removed. The house belongs to the factory, vants. She fortunately escaped across the river in a and the entire concern to the firm in question. As the Jingy, to Chiosurah, and is now in safety,

maller will be shortly brought before the Supreme The assailants were perfectly aware that the mother Court, when and where the aetual circumstances and and ber children were residing in the factory, and that merits of the case will be fully disclosed, it is unnecessary there was, moreover, from 5,000 to 6,000 gallons of to say one word more on the subject. The public will rum in the distillery store. It was with the full know soon be enabled to judge who is right and who is wrong. ledge of this circumstance, that these gentlemen led a

- Hurkaru, June 22. party of sailors to assault it! Can any husband or fa. ther thiok of the possible consequences without a shud. I observe, Mr. Editor, that your devils have overder ? There is " no mistake” here, Mr. Editor, for one looked a note in which I requested you to give my name of the gentlemen has actually admitted before a magis. and present residence in Caleutla to any person who trate, that he was accompanied by sailors ! A friend of may inquire for them ; pray do so, if you please. My his an officer of a ship, on the river for his health! and respondent informs you, that the facts are highly he, walked in to the factory, by accident, as one might coloured.” I promise you they are not coloured enough; say, seeing it all quiet and abandoned ! This oc- and, verily, the idea of carrying up sailors" 10 prevent curred on the morning of the 10th instant, but owing to a breach of the peace” is a rich specimen-almost as the absence of the magistrate of Barrasut, on duty, the rich as the comfortable ig aorance in which he appears parties are in full possession of the factory, to which to be, that the bodily fear is quite equivalent in the eye they might suppose they had some right; but they of the law to the violence. The entire concern did as. have, moreover, taken possession of the dwelling house suredly not belong to the firm in question. If their tiila of a respectable family, and seized the property of all was so clear, why use such means ? and why, within kinds, both factory and private, and some of it is on its ten days of the violence, claim in writing, only a joint


TUESDAY, JUNE 5, 1838,

The usual practice was, as laid down in the case cited

from Russell. In the matter of Thomas Wilson, of Dhurrumtollah,

Mr. Clarke said, that he should adopt this mode of paper manufacture, Messrs. Baillie and Molloy, at- procedure, and that he should make his application og tornies for the insolvent, applied on filing his schedule, Monday next. that Saturday the 28th of July next, be fixed for the hearing of the petition of the insolvent, filed in the court

RUSSICECEUNDER SEAL versus MILLETT. on the 26th May last. Application granted, on the usual notice of hearing being served upon all the credit-directed to be paid by the master's report in this cause,

Mr. Leith moved that the payment of a sum of money ors of the said insolvent.-Hurkaru, June 7.

should be made by a iransfer of accounts, instead of the

usual mode of payment into the hands of the accountant SATURDAY, Juxe 9, 1838.

general. Notice had not been given of this motion, but it was apprehended that no objection could be made.

Motion granted. John Pratting Green and Taranychurn Neoghy, were this day broughi up before the court for the hearing of made to the court, the objections to the return of the writ

In Mr. Ogilvy's case no application whatever was the matters of their respective petitions. The latter was discharged, and the former remanded to the 28th of of habeas corpus, have been dropped, as the prosecutor July next, for the purpose of serving notice of hearing

is anxious that the proceedings may not appear to be on the delaiding, and several other creditors, who had vigorously and barshly pressed against the defendant. not been already served to that effect.

The chief justice intimated that only common motions Joseph Snelson Morton.-Mr. Strettell applied on

would be taken to-morrow, Saturday (this-day). behalf of this insolvent, on filing an amended schedule, In Macnoghlen v. Tandy the demurrer to the bill that Saturday the 28th of July next, he appointed for (which is a bill of discovery to ascertain the names of the hearing the matters of his petition. Granted, on the proprietors of the Agra Ukhbar) stands for hearing on usual notice of hearing being served upon all the cre- Monday.- Hurkaru, June 16, ditors of the insolvent.

The assignees of the estales of Messrs. Alexandler and Co ; Messrs. Cruttenden, Mackillop and Co.;

Our Supreme Court report of Saturday was incor. Messrs. Fergusson and Co.; Messrs. Colvin and Co.:rect (as mentioned by our morning coténiporary) in and Messrs. Mackintosh and Co.; applied, that their stating, that the demurrer to the bill of discovery in quarterly accounts with the estates and effects of these Macnaghien versus l'anuly stood for hearing on Monday insolvents, be received and filed in the court. Applica. We may mention, liowever, that the Englishman is by do

(yesterday). This was a clerical error for Thursday. tions granted. - Hurkaru, June 11.

means altogether accurate in warning its readers not 10 confound this case with the famous libel case in which

the same parties appear as plaintiff anil defendant, and FRIDAY, JUNE 15, 1838.

in informing them that the two cases have no connerion with each other. Ti is very certain indeed, that a bill in equity to compel a discovery is not quite the same thing as

an action at law 10 recover damages for a libel ; bui in This was the first day of term. The chief justice the present instance the former is closely connected with sat alone, and little was done except the taking of com. the latter, inasmuch as the bill is filed for the purpose of mon motions.

ascertaining the proper parties to the action, and it may

be considered, therefore, as supplemental and auxiliary SEEBOOSOON DERY Dossee versus COMULMONEY Dossee. to the proceeding at law. The defendant has deinurred Mr. Clarke (with whom was Mr. Nott) wished 10 party is bound to discover any matter which may sub.

to the bill on ile well established principle, that do apply to the equity side of the court, for a new dialofject him to penal consequences. The precise question, the issue at law, tried in this case last sittings, and he in. however, involved in the present instance, has not been timated an intention of calling upon the other sille to forestalled by any reported decision, and is still quite shew cause in the first instance.

open to argument on behalf of the complainant. The Advocate General (with whom were Messrs. Leith and Morton) for the defendant, objected to this course, and cited the case of Moris v. Daris, 3 Russ. Rep. 3-8

Mosday, June 18, 1838. in which upon a similar application the Lord Chancellor Eldon, alter consulting with the Vice-Chancellor, held that the proper course of proceeding was to make an ei parle application for the judge's notes of the trial, showing some reasonable prima facie ground for ques. tioning the verdict.

(Before Sir E. Ryan and Sir J. P. Grunt.) · Mr. Clarke said, that there was a distinction in this country, where, although the court was nominally a HURRYLOLL Tagore rersus 311AMYLOLL TACORE. different court, the judges were the same in law and

Mr. Clarke moved that judgment might be entered equity,

upon a cognovit given by the defendant to the plaintiff. Sir E. Ryan was of opinion, that a statement of ground The defendant died in May last, and application was ought first to be made in order to satisfy the mind of the made within a few days after that event to a judge in court of the probable necessity for reconsidering the chambers to enter up the judgment as of the preceding



tion, without prejudice, in the present term. According from the verdict which was pronounced when the evia 10 the old rules, if a party had died in vacation, the judg. dence was fresh in their minds. I feel bound to say ment might have been entered up as of the term pre. that it then appeared to myself and Mr. Justice Grant, ceding, and, although by the new rules all judgments that you had argued the most ably and ingeniously, and are to be entered of record of the day and year, whether indeed urged everything that could possibly be advance in term or vacation, when signed, yet a discretion was ed ; yet we felt that the probability was, if anything, reserved to the court to allow a judgment to be entered slightly the other way, and that the plaintiff bad not up nunc pro tunc. In the recent case in the court of succeeded in making out her case. exchequer at home Alann v. Lord Audley, 5, Dowling's

Mr. Clarke said, that there were one or two points Reporis, 596, the application was relused, merely be which he had not then dwelt upon strongly enough ; cause it could not have been granted under the old chiefly the circumstance that the defendant had insti. rules : the defendant had died in Hilary Term, and the tuted equity proceedings immediately after the death of motion was not made until the Easter-Term following.

ber husband, when if the will she set up had really been Sir Edward Ryan said, thai it was an important point, in existance, such proceedings would have been quite and the court would take time for consideration. superfluous. His grounds for the present motion were,

1.—That the plaintiff's case was supported throughJoseph versus PRINSEP AND OTHERS, EXECUTORS.

out by probabilities. The Advocate-General moved, that certain words of

2. - That the plaintiff's case was consistent with course, accidentally omitted in a decretal order made in that which she had previously set up in equity, and

that the defendant's was the reverse. this cause in July 1837, might be inserted by amendment. The other parties had given their consent. The order 3.- That the plaintiff's witnesses were consistent with was interlocutory only, and it was the custom for the themselves and with each other, whereas the testimony registrar only, and not the judge, to sign interlocutory adduced by the defendant was highly contradictory and orders. The clause omitted was the usual direction to inconsistant. take an account of the debts due to the testalor. lu Wallis v. Thomas, 7 Ves. Jun. a similar application was terested in the result, while most of the defendant's had

4.-That all plaintiff's witnesses were perfectly unin. granted ; at least the master was authorized to take the

some interest. accounts without any alteration in the decree itself. Sir E. Ryan said, that the alteration would be a

5. - That the witnesses for the plaintiff were far sumaterial alteration in the decree, yet as all parties had perior in character and station of life, and therefore more consented, it might be made. His lordship added, this worthy of credit. could not form a precedent for future cases.

Sir E. Ryan said, that he retained his former opinion. He did not say that the defendant's story was the most

probable, or ihat ber witnesses were more worthy of IN THE MATTER OF W. CURRIE, DECEASED. belief ; but the onus of proof rested upon the plaintiff, The Advocate-General moved, that the usual citation and the court could not come to the conclusion that the should issue in the goods of this party. Mr. Currie left plaintiff had succeeded in clearly establishing it. debts and effects in this country and also in England ; Sir J. Grant fully concurred. and by his will appointed his son and another party executors, who had proved the will in the proper ec.

Rule refused. clesiastical court at Canterbury. But it had been de- Mr. Clarke and Mr, Nott for plaintiff. cided that such probate would not exienil to India, and The Advocate General, Mr. Leith, and Mr. Morton, it now became necessary to take out administration with for defendant.-- llurkaru, June 19. the will annexed in this country. A power was given by the executors, to Messrs. Colvin and Co. 10 insti. tute actions, and otherwise to act ; and the question wa

THURSDAY, JUNE, 21, 1838, whether this power extended to enable them to take our administration and act as executors here.

Sir E. Ryan was of opinion, that the power was insufficient. Motion refused.

(Before Sir E. Ryan and Sir John P. Grant.)



HURRYLOLL TAGORE versus SuamY LOLL TAGORE. This was the issue out of chancery tried last sittings,

Sir Edward Ryun said, that Mr. Clarke lad apto inquire into the validity of a certain clause in the plied to the court in this case, for liberty to enter up will of a wealthy Hindoo Kissenchunder Seal. 11 judgment, on a warrant of attorney given by the demay be recollected that the cause occupied four entire fendant, empowering the plaintiff to enter up judgment days in the bearing, and that a verdict was found for on a cognovit, (See the Hurkaru of Tuesday.) The the defendant, negativing the clause.

cognovit bad been prepared, but the defendant died Mr. Clarke now moved for a new trial. He felt him was made a few days afterwards 1o a judge in cham

belore judgment was entered up, and the application self placed in a very difficult position in applying for new

bers, and by bis direction referred to the court. Now trial upon evidence on which their lordships had once him so full of doubt and uncertainty, that he was inclin. The new rules every judgment' bad effect from the day a!ready expressed an opinion ; but the case appeared 10 according to the old rules, all judgments bad refer

ence to the first day of the preceding term, but by ed to hope the court might see some ground for a re. hearing. He should now state the chief points upon discretionary power of allowing judgments to.ba

when signed. It was true, that the court had still å which he founded his present application.

entered nunc pro tunc. But it was the opinion of their Sir E. Ryan. Have you any statements to lordships, that since the new rule, it was necessary bring to the notice of the court ? If not, your position is for the party to be actually living, at the time when the one of insuperable difficult. The court cannot well come judgment was signed. Such opinion had been express

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