Comprising Reports of Cases in the Courts of Chancery, King's Bench, and Common Pleas, from 1822 to 1835 Volume 27; And Law Journal Reports Divided Into Equity and Bankruptcy Cases. Common Law Cases 1836-1858 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1849 Excerpt: ...his wife, in the pleadings named, who were living at the death of the said Elizabeth Fenwick, were entitled to the fund included in the said settlement." M.R. 1 THE ATTORNEY GENERAL V. THE May 5. / Corporation Op London. Costs--Attorney General suing on behalf of the Crown--Courts of Equity, their Jurisdiction. In an information filed by the Attorney General on behalf of the Crown against the city of London, the Master allowed exceptions to the further answer of the corporation for insufficiency, and certified that costs ought to be paid by the corporation. The corporation took exceptions to the Master's report, but they did not except to that part of the certificate stating that they ought to pay costs. Leave was afterwards obtained from the Court to discuss the liability of the defendants to pay costs: --Held, that there is no such general rule in equity as that the Attorney General cannot receive costs because he does not pay them, and that the corporation were not exempt from the payment of costs. Upon overruling the exceptions to the Master's report of the insufficieny of the further answer of the corporation (1), the Attorney General claimed his costs, upon which leave was obtained from the Court to submit the question to its consideration. Mr. Bethell and Mr. Randell, on behalf of the corporation, insisted that the rule which had hitherto prevailed was, that as the Crown could not be called upon to pay costs, it had no right to require them to be paid; and on the appeal from this Court to (1) Ante, f. SW. the House of Lords upon the demurrer the Lord Chancellor said, "The Attorney General as such did not pay costs. He did not mean to say that a case might not occur in which the Attorney General would he liable to pay costs, but then where pri...