13/66
3841958
5.2
38419588.2
CAP. 4]
[s. 9 cont.]
Rules of equity to prevail.
15 & 16 Geo. 5, c. 49,
Supreme Court.
remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.
10. Subject to the express provisions of any enactment, in questions relating to the custody and education of infants and generally in all matters not particularly mentioned in this Ordinance, in which there was formerly or is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
2 of 1901, s. 12.
Mandamus, injunction, and receiver.
36 & 37 Vict. c. 66,
11. (1) A mandamus or an injunction may be granted, or a receiver appointed, by an interlocutory order of the court in all cases in which it may appear to the court to be just or convenient that such order should be made; and any such order may be made either unconditionally or on such terms and conditions as the court may think just.
2 of 1901, s. 11.
s. 25 (8).
[cf. 15 & 16 Geo. 5, c. 49, s. 45.]
Constitution of the Supreme Court.
16 of 1950, s. 2.
(2) If an injunction is asked, either before, or at, or after the trial or hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the court thinks fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and whether the estates claimed by both or by either of the parties are legal or equitable.
12. (1) The Supreme Court shall consist of and be a Senior Puisne Judge held by and before a Chief Justice, and one or more other judges.
every Senior Prize Judge
(2) Every Chief Justice, and every Puisne Judge shall, save when appointed by the Governor under the provisions of section 13, be appointed by Letters Patent under the public seal by the Governor, in accordance with such instructions as he may receive through a Secretary of State,
146 -
13/66
3841958
5.2
38419588.2
CAP. 4]
[s, 9 cont.]
Rules of equity to prevail.
15 & 16 Geo.
5, c. 49,
Supreme Court.
remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought for- ward by them respectively in such cause or matter; so that, as far as possible, all matters so in con- troversy between the said parties respectively may be completely and finally determined, and all multi- plicity of legal proceedings concerning any of such matters avoided.
10. Subject to the express provisions of any enactment, in questions relating to the custody and education of infants and generally in all matters not particularly mentioned in
2 of 1901, s. 12. this Ordinance, in which there was formerly or is any con- flict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
Mandamus, injunction,
and receiver.
36 & 37 Vict.
c. 66,
11. (1) A mandamus or an injunction may be granted, or a receiver appointed, by an interlocutory order of the court in all cases in which it may appear to the court to be just or convenient that such order should be made; and any such order may be made either unconditionally or on 2 of 1901, s. 11. Such terms and conditions as the court may think just.
s. 25 (8).
[cf. 15 & 16 Geo. 5,
c. 49, s. 45.]
Constitution of the Supreme Court.
16 of 1950, s. 2.
}
(2) If an injunction is asked, either before, or at, or after the trial or hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such in- junction may be granted, if the court thinks fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and whether the estates claimed by both or by either of the parties are legal or equitable.
12. (1) The Supreme Court shall consist of and be
a Sencor Pyesne grape holden by and before a Chief Justice, and one or more other judges.
every Senior Prize Judge
(2) Every Chief Justice, and every Puisne Judge shall, save when appointed by the Governor under the provisions of section 13, be appointed by Letters Patent under the public seal by the Governor, in accordance with such instructions as he may receive through a Secretary of State,
146 -
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