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Bamundoss Mookerjea v. Omeish Chunder Raee and Others (India)

Privy Council
Feb 12, 1856
Smart Summary (Beta)

Structured Summary of the Provided Opinion (Vi Moore Ind. App. Excerpts)

Factual and Procedural Background

The provided excerpt includes material from appeals in the Vi Moore Indian Appeals series concerning disputes arising from a mortgage/bond transaction and a subsequent agreement (referred to variously as the "Earamannah", "Keramaurah" or similar spellings) between the creditor (Appellant) and members of a Hindu family (Respondents), notably Omiesh/Omish Chunder Rase and the estate of Aminod/Animod Chunder Rase (deceased).

The core factual matrix set out in the text: - A sum of Rs. 30,000 was borrowed on 20th (?) (dates in the text are in regional era notation) and secured by a mortgage over immovable property; interest at R.1 per cent per mensem was stipulated originally. - The aggregate principal and interest up to a stated date was admitted by the Respondents to be Rs. 34,688 (similar figures appear in the excerpt). - The Respondents executed an agreement (the "Earamannah" / "Keramaurah") to regulate payment, interest, and redemption, under which irregular payments were subsequently made. - The Appellant claimed a right to appropriate the irregular payments in a manner to "keep down the interest" upon the whole sum; the Respondents disputed the appropriation method.

Procedurally: - The matter reached appeal from a Sudder Dewanny (Sudder Dewan) Court (references to the Sudder Court at Calcutta and at Medinipur / "Medias" appear in the text). - An appeal was presented to the Queen in Council (Privy Council). The Judicial Committee considered whether the lower courts' decisions and the construction of the agreement had been correct. - There are also references to an application under Sec. 4 of Reg. VIII of 1818 and a Circular Order of 21 September 1826 for security where the Sudder Court refused relief and the Judicial Committee declined the petition because there was "NO allegation of want" (lack of means) in the materials presented.

Legal Issues Presented

  1. Whether payments made by the Respondents (irregular payments) under the agreement should be appropriated in the first instance to interest and only to principal to the extent payments exceed interest due, or whether they must be applied to principal first (the doctrine/issue of appropriation of payments).
  2. Construction/interpretation of the subsequent agreement (the Earamannah/Keramaurah) and whether it altered the ordinary rule of appropriation embodied in the bond.
  3. How interest is to be calculated under the terms of the agreement, including whether the interest rate after the expiry of the ten-year period specified in the agreement falls back to the original rate (12% per annum mentioned) or is reduced (the text expressly notes a reduction to nine percent after ten years under the agreement).
  4. Whether the Appellant was entitled, by the terms of the agreement or in law, to appropriate payments received towards keeping down interest on the whole outstanding sum (including sums described as "old interest") rather than towards liquidation of principal.
  5. Procedural: whether the Sudder Court and subsequent tribunals correctly exercised discretion regarding security and the grant/refusal of interim relief under the relevant regulations.

Arguments of the Parties

Appellant's Arguments

  • The Appellant claimed the right to apply the irregular payments, in the first instance, to keep down interest on the whole outstanding amount (comprised of original principal and accrued interest) — effectively treating payments as applied to interest before principal.
  • The Appellant relied on the terms of the deed/agreement and on prior practice to assert that payments were rightly appropriated to prevent further accrual of interest on the entire sum.
  • The Appellant appears to have challenged certain lower court findings as erroneous and sought redress in the Privy Council (appeal to Her Majesty in Council).

Respondents' Arguments

  • The Respondents (Omiesh Chunder Rase and others) alleged that, under the agreement, the Appellant was bound to apply sums paid after the first of the specified payments each year to reduction of the outstanding principal balance — i.e., they contended that certain annual sums should be considered principal reductions and that interest should be charged only on the remaining balance after such deductions.
  • They disputed the Appellant's claimed appropriation practice and maintained that interest should have been computed only on the net balance after permitted deductions, not on the gross sums.
  • On the procedural point regarding security, the Respondents maintained (in the lower court) that the decision of the Sudder Dewanny Court was consistent with law and equity and should be affirmed.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Qaurdluuii Das v. Wai& (Ben Sud Der Rep. 261) The text records that in this case it was held that interest exceeding the principal debt might be awarded when the excess had accrued subsequent to (an event connected with) the debtor's conduct — i.e., a principle about recovery of interest in certain circumstances. The Respondents relied on this case to support awarding interest in circumstances where interest had accrued; the court noted the case but assessed the applicability in light of the agreement and appropriation question.
Cholnm dhnaud (1 Ben. Sud. De-,. Rep. 894) [as cited in the excerpt] Referenced by the Respondents' counsel in support of their position regarding interest and recovery; exact rule as cited is not fully set out in the excerpt. The case was relied upon by the Respondents' team; the court considered these authorities when evaluating competing contentions about interest and appropriation.
P. Noble; (I Merr. 604) and Simws 7; (2 Barn. & Cr. 65) (English authorities cited) Cited in connection with the "doctrine of appropriation" — authorities from English law considered relevant to the question of how payments are to be appropriated between interest and principal. The Judicial Committee took note of the doctrine of appropriation discussed in these authorities when forming the view that the ordinary course is to apply payments first to interest and then to principal so far as payments exceed interest due.
Other authorities mentioned (as cited in the excerpt): "R; j d Boiummnnir Bahaduv T. R ~ L.", "Ben Reg. YV. of I i D S ~ecs . 8. 6. and 7" The excerpt lists additional reported matters and registry references concerning interest on loans and related points; the precise rules as drawn from each citation are not fully spelled out in the provided text. The Court acknowledged these materials in argument; the excerpt does not fully describe the specific application of each to the Court's reasoning beyond general reliance.

Court's Reasoning and Analysis

The Judicial Committee's analysis, as reflected in the excerpt, proceeds along these lines:

  1. Identification of the core dispute: the parties agreed the total sum due up to a given date, and the disagreement was on the construction of the later agreement and the correct appropriation of irregular payments made by the Respondents.
  2. The Court examined the language of the subsequent agreement (the "Earamannah" / "Keramaurah") to determine whether the parties had unequivocally altered the ordinary rule of appropriation embodied in the original bond. The Court noted that the deed/agreement did not expressly set out a different rule for application of payments.
  3. The Court considered authority and doctrine on appropriation (including cited authorities such as P. Noble and related English cases) and treated the appropriation principle as the "ordinary" rule: payments should be applied in the first instance to interest, and only when payments exceed accrued interest should the excess be applied to principal.
  4. The Judicial Committee stated that this construction was the clear and ordinary one in the circumstances: where an instrument does not point out a different mode of appropriation, payments are to be applied first to interest and then to principal ("the payments should be applied in the first instance for interest, and to principal only so far as those payments exceed the interest due").
  5. On subsidiary points, the Court addressed timing and rates of interest under the agreement: it observed that under the agreement the interest rate after the expiry of the ten-year period specified was not to revert to the old rate of twelve percent but was to be reduced to nine percent according to the stipulation in the agreement (the text explicitly notes the reduction to nine per cent after ten years).
  6. The Court also reviewed factual determinations made by the lower courts (including whether particular persons had interests in certain local land matters in an earlier portion of the excerpt) and noted reluctance to disturb findings of fact determined by courts of local jurisdiction, especially on matters of local description where local knowledge is important.
  7. On procedural points related to interim security under the relevant regulation, the Sudder Court's refusal to grant security and the Judicial Committee's subsequent handling (declining a petition where there was no allegation demonstrating need) were recorded and considered as part of the appellate review.

Holding and Implications

Holding:

The Judicial Committee concluded that payments made under the agreement are to be appropriated, in the ordinary course, first to interest and thereafter to principal only insofar as payments exceed the interest then due.

Additional holdings and orders explicit in the excerpt:

  • The Court indicated (in language addressed to Her Majesty) that the judgment in the examined case should be affirmed (the excerpt includes the statement that their Lordships had "no doubt" that they should advise that the judgment be affirmed).
  • The agreement's term reducing the interest rate after the expiration of ten years to nine percent was noted and taken to be operative under the construction of the instrument as presented in the text.
  • Costs: the excerpt contains specific references to costs being awarded; for example, "Costs awarded to the Appellant, upon appeal and in all the proceedings" is recorded in the text (the court awarded costs to the successful party in the proceedings described).
  • Procedurally, where a Sudder Court refused an application for security and the Judicial Committee found no adequate allegation of need in the materials, the petition for security was declined (as recorded in the excerpt).

Implications:

  • The direct practical consequence for the parties is that the Appellant was entitled to treat irregular payments as applied to interest first; any excess beyond accrued interest could be treated as payment of principal.
  • The contractual provision reducing interest after ten years (from the previously higher rate to nine percent) was recognized by the Court, affecting the post-ten-year interest calculation.
  • No broad novel legal doctrine is established in the excerpt; the Court applied established principles of appropriation and contract construction to the instrument at hand. The excerpt records the Court's application of existing doctrine rather than announcing a new precedent.

Note: This summary is strictly confined to the material and language that appears in the provided excerpt. Where the original text is fragmentary or contains uncertain transcriptions (alternate spellings and OCR artefacts), the summary preserves the substance of the Court's recorded findings and reasoning as explicitly set out in the excerpt.

Show all summary ...

VI WOORE IND. APP. ass B . ~ Y I T N D O ~ S YOOKMRJEA

iiw, and ought to hnvc, on the side which is neic rhe water, B slope more 01 less

gradual), would rtil l more he upon the East 1nd:a Compan7'r: land.

Tben t i e Cavrt diaousses the queaiioii. nlietlrer the East h

lniisc be taken to be the owners of the soil, could properly do

tbat thcy mqht proporly do it except 60 far BJ

nd>igr&nii of the ~ . i ~ e r (which no one wenis to ~ R Y

an !her might in!erii.rc >with the riohla of pariiri

appear^ diat they dealt vith some p&wze persons

08 far is ?he h j a h a had an? intercai ~n respeot of their being the owners or lords

of the Talook of Sootalootee, thcp ohtamed their Consent probihly because their

e think. thereinre, ir i s clear enour '1 thar the Couri below same to a nghc

wnalurion upon tha t matter of fact: $an? rate Sir Frederi(3k Theaigrr could

hardly in his reply -.arty she OBBQ EO far 18 ts m ~ , thar it w m doer the other vag.

\?hen v e tind thar B Court I i a ~ i n ~ juriadrorio? to try rnnrters of fact bsve deter-

riised 8 mater of fact in & ~ e r t a i n way, panioularly n matter of fact of B local d e

sc~ipticn, and tu -hieh iheir local knowledge m g h t very much asmt them, WE should

i.ot be diaposed to reverce the d-&ion af the Court IS determining tliat fact bec~use

?e sce our wav to tba ~ a i i i e conclusion. Taking the evidence as iz stands,

8 i t ia by the"%rgumel.t of t he learned Chef [289] JJstiee in &e ."de-

ore pa,ticularlj ny ;lie avplsnarror rahieh n ~ i e l i t e d bp Mr. Ritehle

snd by rhr argument bofoio U@. their Lordahips haie nu doubt that it

- t o ad,ise Her ?.lajerry rbar the judgment in this ease Eh0u.d be affirmed,

and w i i i cosis.

D. OhlEISH OHUNDER RAZE [le561 Vl NOORE IUD. APP. %Do

therwn \>se declared due and aareed to be paid off br instalments before a

given time. l'agments rere me& at irregular period-, rliieh pagmcnta tlic

Bondholder cl~inied to rppropriata to ksepug down the interert upon

rhe whole mni composed of both the original principal auni as a d 8 4 tbo

aum mertionad in the Karamamah 8 8 accrued thereon for intem8t. Held,

p a p e r % onip being appropriated torardd the iiquidaimn of the p r i x i p a !

mn due.

in India f rom the commenceincnt of tlie suit.

to he renovorcd there.

Costs sxarded B r u e o e d d Appellanr, upoil appeal and in all the proreednrgr

The costs incurred iu India

This 98s an appeal frum a demiun 01 tile Sudiler Deasirng Adawiut at Cakut t s ,

tLnr accoimt, t o t i l e Appellant, after the zmkng, but not in accordance rrith the

terms ard oonditiooa oi the agreement, and ui3iout anj directions having been

given by the Respurdenra 88 to the applicxtron ?hereof reapeotiael?.

no dispute between the Appellant ahd Respondenrs &s t o the fact

of the mshino and execution of the agreement, OT 8s to tb.e sum of Ita 34,628

being the &si ainauiit due at tha time of the meking thereoi, or as to tlir a m ~ u n i

of the sererd pawents ~ubsequently made on B C ~ O U U Z by ihe Responder-ts The

only queation W ~ P upor. the construction of the Keramaurah. after-mentioned, and

nlirthcr the principlr iiiaisted on by lhe Appellant of apprupiiatiiig and appiping

the papncnts cowards the liquidatioc of the principal n m ~ m m d intoreat due

upon tliir inntniment >vas iig1)G and pmper.

The facts of the cam wcro as follows:-

Aiiurid Cliuiidri Rase, the father of tlie Respondents, B Hindoo inhabitant

of Bengel. borruvad from the h p p e l l ~ r ~ t c on die 20th Ilyaaok 123i , R.E., tlie i u m of

RI. 30,000. and executed a deed mortgaging part of his immolreeble

pioperry to the Appellrnt t o ieeiire the repaymen; of that ~ w n . togetha

[291]-reai thereon &t rhr rate of R 1 per oent per meneem. He d

iraving repaid that sum, and indehted to the Apprllant not, only In tlir amount

oi n r m r , p d m m q , hut a190 in 8 further sum on account of ~ r r r a r ~ of interem

aoorocd due theieon, leeving the Respondenta his E O ~ B and eo-heirs and L d h e e

lhtalr, his widow, s.nce deeraaed.

The amount of principal and interest at that time due -a&@, by agreement

betaern the parties, ealculated up io the 40th Assar 1940. R E , (July 1853.) arid

the qgregate a ~ o u n t was ascertained and admitted by the Respondents to hc,

Rs. 34,688 8a On the *&me day die Respondent, Or.irish Chunder Raee, ior 1mi

rclf and si the manager oi the j n i r t iamilr, and guardian of his brothor, Pnrnno

Cbunder Ilaee. and U'logoban Cnundei Ilaee, the other Renpondinie, wiio W ~ P

t h r ininore, and Luklire Dibbab, in order to releaso the m a t e and property,

d u n t a r i l ~ enteicd into and d d y erreutsd the Earamannh. or agreiment, upon

which tha suit vas bmughr, which %e 88 follows:-

' I. Omeisli Clrunder Rsae, my fsrhcr, and I, Lukhee Dibbah, my hurbaixl,

Aiiuod Chunder Raee. deceased, an the 90th Bpark 1231, pladged rii j-ou his 5

anm% 6 gundahr 'I rowrees 2 krsnts s h r e of Ta!ook Turf h i a m Jowar.ee. and

executing a rnoitgage bond, borrowed the mm of Ra 30.000, ~ g r e e i i i ~ to >ay intorcar

109

There

VI MOORE IND UP., 19% RAMUNDOSS I idOKERIBI

tlhrrupon st the rste of R 1 per rrnt per men~em, and h s ~ m g appointed ue as

gumdianr and manngers oE his minor son6 BtogoLrn Chuoder Xaee and Purnoo

Clunder Rae,, died on the l0tii Rym,k 1259.

' \Ye ere unable at preaour to pay nt once die rironey due aii.der rho Bord, irlth

Interwt. and Ly redeeming :he R o d rcleeup uw p m p z ~ t p . niid m e alio tinable

TO DBT in'ereat &t the rate of R. 1. Tau [ZgZ] hare. rhorofore, >.emitted 4 m m . 8

p e i c i n t . per menae'n of the intereilt o f the money, and have agreed TO take iuterelt

after tile rate of 12 mrm par cort. On making U? the accounts. rhcrefore. of rhat

LI due. bp oaleulation of inrerert uporr the sborrmentioned IUD of the Band from tlx

dare of &a Bond up tn the 28th Poor 1237 a% the rate of R. 1 pet cent. PET r~enrsm:

m e r e s t admitted to br due &t the time oi the making of the agreerriert Tith the

RespondemS. Thirdly, inteieet on the principal sum of Ils. 30.000 at 12 anme

per oent. per i i i t i i ~ e n up to the end of the ten p a r a mentioned to the agreement,

and from the er] iration of that period. farther interest on this principai oum after

e of R. 1 per cent. per meniem. And fwrthly, iiiterest on the RR.

miouiir of old interest due at the time of the mak1r.S of

o of R. 1 oer cent. per meneem from the 26th DIeugh 124

uzll 1211. at rhich date the lastmentioned sum oi Rs.

old inte.[aw] rest, was cleared OR. The Appellant, in

these R U ~ Y zhhe p-ments made cn amount, appropriating

h a -hose paynni~nte in the first instsiiae in keeping down the inteam from time i o

ti&"as 11 accrued due

The Xeapondent, Ome.ah Chunder Raee. by 1118 aiiawer, stated that he owed the

Appellant the w m of Rn. 13.953. >Sa. 15g. only, lir.der the agreement wed on; he

elleged that the -4ppellant war bound to apply rhe &mounl paid in ehoh of the ten

years, aker rhi. first of these psrs , t o the reduction of such balance of the prineiprl

sum of Rs. SO.000 *e remained due in eseh year, and that, he ~ 8 % entitled to ciiarge

interest 011 such balsnoe only atter such deducriona; that taking the atcounts in

110

December i n i t , chat fire aum nf R i 3000 aunht in each p u r -0 be cursidered e8 rte

? r i m p i and ttir Pinintiff should oniv art intereit upon the balance of that, efter

deducting from IT iuch ailme as bad been paid bp Defmdant, and not upon the

rear 1240.

"Thirdly. 'The PlrintiE, in support of his olairn to deduct in the f i r s t place

his miereat t r o m ti le payments made Ly the Doiorrdaot, has fi!ed a copy uE a decision

n t h f irrl place deduct his inrered h u m

aeoimn to deduct in the firat place hi. interest from the m m e ~ paid j especially &o

h the deed there Id nn erplioit agreemean that m:eres: should b; pond an the bdanco

iema,ning dire IU each pear at t i e r i te of 11 B T ~ S per ~ r n i

The Plsiutiff, alleging th

t i le iaundetiaii of h e oleirn, had expired, $lies

ihar f i r ed in it. This claim is oomrnry to see. 5

llomd rontairm no mnditianrhai stier the expirat

[297] "Fourthly.

l l i

VI XOORE IND. APP, I$ BAYCNDOSB llUOKERSEA

Tire Plainiifi x. t.mefare, nor e:itirled

tlie rare rtxfcd 111 !he bond

the Bond liai r.ot a

tereit on them a t 9 per cent per m>.uin i r o n their respective dates

nstltution of suit, and 12 per cent. per annuin on the halance oi

t [3W] from the data of imtitution rf mit to the dare of the

deoree of rhe Court. m d w i t h interest at 12 per cent. on the canrolidated mii doe on

the lattrr dat?. until day of p a p e n r , q i t h oosts ~n proportion,"

follows :-

.urn oi Ils. 1626. Sa.. the balanae of the old intereet. aoknouledgod BI ~ ~ e h principal

debt by the pr-ent agreement, from it8 dub date up t o t i e date3 ar nhieii rb;t

aimunf wad made good to the €'leinr.fi. If. in addician t o the above W I ~ L of

Ra. 162E. e a , and [302] the inter& 60 due on i ~ , any mm were paid. as ~ ~ e r n i t o

then remaining unpaid. niuit be considered a6 revived and t h e ra1colar:on nnrrt h i

m a i e accordingly an that amount from the expiry of the t e n ? ' '

The other dudsea, Xr. Jackson and MY iJonhar, roncwred in th:a judpcn:, &O

far as >T reiatzd to the intereat upoc the Hs

rmntr. XI A. Dick abided by tlie anginal

bemg, therefore, no deorsion far want a i

referred to the Agrh Court, and the Judpen o

heving oonetirred i n opinion nith J i i R. Barlorr and Xr Colvm. final

117

went if Ilerpondert iar not yet iecovnrad i o m of the lower Uourr, hc riut

11reseot B petitior. for the recovery of the S B ~ in the mid Cow;. when 812 order will

Ihe pesaed iar payment to him. in ronformity wich the Ciieuler Order, dated the

4ch March. 1836.''

The Appe!Isn: sppmlcd to the queen iii Council, end auhvitted chat the final

d u t of Calcutta, and rim the dectnion of the

of Zillah Kuddeah reducing the i i m o u ~ ~ . of the

, were reapeetidy erroneous, and aught to be

. Beoiuse the Appellant m e entitied 10 apply in the Brat instsiice the

p a p e n v meda by the Reapondents towards the keeping down of tlio interest

mnimg due. f-om time to rime. as aforesaid

d to q ? l y iii esoi oi the ten years after the making of the

The Renpondemr. OL the otner hand, wcbrnitted that rhe above judgment of ike

Suddei Dewanng Court ought to be &firmed, though i f any aireratior~s were to be

%*de in the judgment of the Scdder D e w n n y Court. in rmpect to vMch the canre

aax favowable so t i e Rerpoiidenta, tixy submitted tliat the shole effect of +&e Order

made oii the j u d p e n i ough: to be reconsidered, and such Order made should be

p e t ; hrcaose the deciaion of the Soddzr Dewannr; Court on the matens1 paiat in

made, from time to time, by rhe Reiprdenix were to be taken a.8 par;ments on

n c m m t of inrerest d?, and aere not entitled t o be applied ~n sny degree towards

the liquidcrion of the piinoipal. The? r e I . 4 on the case of Q a u r d l ~ u i i Das 7. Wai&

IIb (& Ben Sud Der Rep. 261), :n which it was iield that intwmt eaceedmg the

principal debt might be awarded when the e ~ o e s a had accrsued subsequent to rieUurse

heinc had to lam for rezovery of the debs. Thei aited also Cholnm dhnaud 23.m

T 3 f i m A r 5m (1 Ben. Sud. De-,. Rep. 894). R ; j d Boiimmnnir Bahaduv T. R ~ L .

qasamy M d d g ( m f c [6 Woo Ind b p p 1, p 23%) . l o t . No. 32 of 18339. and Ben Keg.

YV. of I i D S ~ecs . 8. 6. and 7 , regardnq intereat on l o m ~ .

I r Field for rbe Riapondenra, eontcnded ihet the 8 u i ~ norbemg o p m tlm orlgirrsl

l i t

9%. GSIEISH CHURDER RXBE [ in561 VI MOORE ZND APP. 906

Bond, hut upon the Iiaiariiamah subsequentlr ereccuted, the question X&S nor 8 s t o

the form of the mmtmct, but the true meaniig of the parties &6 diacloaed ;n the

agreement. He iuaintsined lhat the find deoree of the Sadder C o u r ~ -86 consistent

nitli ttis lap. and equity of the case U p n the d o c t r n e of npproprihtiorr he o t e d

and eonrnented upon l i e z q m e s P Noble ( I Merr 6 0 4 i Simws 7. Zn@mn (2 Barn.

and Cr. 65). Dig, hb. 46. tit. 3, yu. 1. 3.

The Righi €Ion Sir Willisin H. Xau1e.-Their Lordnh-ps during the argument in

thia esse [304j] intimated their minion oz tho main quertion, ramelv, whether the

pnymentr made ehould be ascribed erdusiwly to pnncipaI, and no part of them to

intereat; erpremincr their opinion thst the coumo adopted was t i e ardinaiy one,

and that the const&ction of this insirumert i s m e which does not point out any

other, namely, :hat the pagrnents should he appiied i n the firrt mstanoe fo interest,

and to principal on]" 80 far BB thoae papnrents exceed the interest due

That is the mazn point ~n qtwbtion. nnd their Luidahips enleitain no d u ~ b t a t

all about it.

Vi th respect to the subordinate pointa, die first girertion mndc -as. from wh&ii

time interest i5 to be caieiatcdl 30w it appears. upon the tcinia of t ih liararna-

aum.

not w e n ,my par t "E them p8.d. Tinat 16 not w here

115

V I MWEE 1ND. A.W.. 309 YBGALUTCHMEG Z‘DIMAL

K‘oa, it “ppearr to their Lorduhips upon d i i r agreement very clear thrr after

the expi idt im of ten pearr the inrereat ib not to recui-ro the old ra te of txelve pet

cent.. bu t tu be reduced te tne nex rate of nine per oeri. under the stipulation hy

poring of onceSrral1* well 88 scquired estate.

Atter an appeal had been mserted from a decree of the Sudder Court at Medias,

iha lppe l l rn t applied to that Court, under Sec. 4 of Reg. VIII. Imf 1818, and

Tile Ciroular Order of 21sr September, 1826, for an order cal1.n: upon the

Rebpondznts. wlio had beer. in possession of the estitrs ir dmpu

.ns-iturion a f the s u i t , 10 g n e ieeuiity 88 presorlbed b s the Keg

Sudder Court reiused tile applic~iion a rmt bmlg withir the

rho Repla i ton . Upon perition the Judmal Comrnittte dcclined

ss there vas NO allegat~oil uf wa*!s

T h e - h e r there 1s au? p m 6 d t

& of Mad. Beg. TIII. of Wl8, to oaibfor ‘ecuriry f rom fha Reapandent nihn

Q m e w

116