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![handle is hein.slavery/ssactsengr0901 and id is 1 raw text is: BOYSE V. COLCLOUGH
interfere with Oxenford's right of retainer to satisfy his own claims, nor do I appoint
a receiver of the property out of this country.
As to the undertaking to be required from the Plaintiff, [501] I do not agree that
by filing this bill he has either admitted or denied his liability. All he says is that
he is a shareholder; he does not say whether he is under any liability or not. I put
him under an undertaking to abide by any order which the Court may make at the
hearing or otherwise with respect to his liability as a shareholder in this association.
Mr. Daniel asked that the receiver might be at liberty to let out for hire the slaves
who were not required in the working of the mines.
THE VICE-CHANCELLOR said that this must be arranged out of Court. All he
could do was to insert in the order for the injunction, after the words ordinary
course of business, the additional words without the sanction of the Court.
A demurrer was afterwards put in to the bill, and, upon coming on to be heard,
it was ordered to stand over, that an appeal against the motion and the demurrer
might come on together before the Lords Justices.
On the 30th of April 1855 the Lords Justices overruled the demurrer, reserving
the benefit of it to the hearing; and they confirmed the Vice-Chancellor's order upon
the motion, with the following additions :-
Appoint the Defendant receiver and manager of the property in the Brazils, with
directions to carry on the working of the mines in the ordinary course of business-
to pass his accounts and pay balances into Court half-yearly, unless the Court shall
otherwise direct, upon application from time to time to be made by the Defendant.
Reference to Chambers, to inquire in what manner it is fit and proper to deal
with the slave property of the association. Costs of appeal motion to be costs in
the cause.
[502] BOYSE v. COLCLOUGH. April 21, 23, 24, 1855.
[See S. C. 1 K. & J. 124; 69 E. R. 396 (with note).]
Pleading. Will invalid in Ireland : valid in England. Form of Order establishing.
Where a will, purporting to pass lands, part of which was situate in Ireland and part
in England, had been declared invalid as to the Irish estates by the Court of
Chancery in Ireland: Held, that to prevent misconception, an order of the Court
of Chancery in England, establishing the will, should be expressly limited to the
extent of the jurisdiction; and it was declared that, as to all the lands and
hereditaments of the testator, situate within the jurisdiction of this Court, the will
was well proved, &c.
The issue directed in this cause (reported suT-a, p. 124) was tried, the Defendants
not appearing at the trial ; witnesses were examined for the Plaintiffs, and a verdict
was found in favour of the will.
The cause now came on for further directions, upon the equity reserved.
Mr. Rolt, Q.C., and Mr. Cairns, for the Plaintiff. The object of the suit being
to establish the will, without more, the form of the order will be: The Court
declares that the will of the testator, in the pleadings named, is well proved, and
that the same ought to be established.
Mr. Prior, for the Defendant, took no part in the argument.
THE VICE-CHANCELLOR [Sir W. Page Wood]. There is already a decree of the
Court of Chancery in Ireland, by which the will has been set aside. That decree has
been carefully worded; its operation is expressly limited by the words as to the
estates in the pleadings mentioned, the estates in the pleadings mentioned being the
Irish estates only. This Court should be equally careful. I ought not, with that
decree before me, to appear to affect a jurisdiction which I do not possess. I think
the decree establishing the will should express that it establishes it so far as respects
the testator's estates in England, or so far as affects the devise of his estates within
the jurisdiction of this Court.
1 X. & J. 501.](ViewImageLocal?handle=hein.slavery/ssactsengr0901&div=1&collection=&method=preview&ext=.png&size=3)