Treatise On Judicial Factors Curators Bonis And Managers of Burghs With An Ap

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Treatise On Judicial Factors Curators Bonis And Managers of Burghs With An Ap
George Hunter Thomas
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1852, 25 Jurist, 296 (A. B. , ]3th Feb. 1852, 1 Stuart, 44), a factor loco tutoris, who had been ordered to appear at the bar of the Second Division for failure to lodge accounts, hav- ing not only presented himself, but produced a discharge by his ward, who had then attained majority, dated a day or two previous, the Court thereupon remitted to the Accountant- General to examine into the circumstances, and to report.
2b 386 PROCKDURE.
Uc roportcil that tliu ward was uiily niajc. 'r nii tlic 13
...th August previous ; that the tliscliarge produced was dated on 9th January 1852, after the factor was ordered to attend in Court ; and that it contained a reservation in favour of the factor of commission, wliereas tliere was notlnnjj; recovered by him on which commission could be charged ; and that, by his failure to obtemper the orders of the Accountant, any claim which tlie factor might have had for commission was for- feited under the Pupils Protection Act. The Accountant fartlier reported, tliat liu was disposed to hold tliat the fac- tory still subsisted, to the eflcct of obtaining a judicial ac- counting, and that he was inclined to think that the result of such an accounting would be to show a large balance as against the defaulting officer, because penal interest at 20 per cent, from and after lltli June 1850, under §§ 5 and 22 of the act, would be exigible.

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