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have the same construction
10-31-11




placed upon them throughout the section and the result is that if I find that the defendant acted bond fidein the belief that he was doing his duty as an inspector faithfully and well lie is entitled to the protection of the clause and so to judgment subject to the question of pleading with which I will deal presently.And this construction is not without some reason for as a remedy is provided under sec. as I Ralph Lauren Outlet have pointed out it may well be that it was not intended that the inspector should be vexed not only with an action on the bond but also on the case.I have not overlooked sees. and but think that full effect may be given to them by holding that up to five per cent the inspector is protected against any action^ and as to any excess he is entitled to any defence open tohim under the Act or The North Face Outlet otherwise.The defendant has not pleaded the general issue in Judgment terms but he has in effect stated that what he did was Rose J. done under the Act. The pleading is informal but I do not think it is misleading and in view of the observations made Polo Outlet Online in Bondv. Conm.ee A.R at p and cases there referred to I think it my duty to allow the defendant to amend by formally pleading the general issue and to set up in terms that what he did was done under the Act.I have not found it necessary to determine whether the Act to protect Justices of the Peace and others from vexatious actions applies. It is not formally pleaded and so far as an amendment would be necessary to set up want Ralph Lauren Outlet Online of notice of action I do not think I should allow it for on the evidence I do not think its Nike Free Run service would have been more than a matter of form for I do not see how consistently with the defence any tender of amends could have been made. Moreover to allow it now North Face Outlet Store would defeat the action under the six months Nike Free limitation clause which we have been discussing.As to the facts mala fidesmust not be presumed and on the evidence I am unable to find want of bona fides.The defendant may have made a mistake or have incorrectly graded the hides as to which I have some difficulty in forming an opinion owing to the neglect of the plaintiffs to examine the hides before submitting them to the process of tanning even in its initial stages; but if the defendant has erred I think I must find that he did what he did honestly believing that he was doing his duty under the statute. There was no indirect motive shown. See Poulsomv. HirstL. R. C. PI do not consider the question raised as to whether even if the action is otherwise well brought any duty has been shown to have arisen from the defendant towards the plaintiffs.On the whole I think there must be judgment for the defendant dismissing the action with costs which I suppose under the statute means treble costs.Where moneys are left by will to be invested at the discretion of the Nike Shop executor or trustee the discretion so given cannot be exercised otherwise than according to law and does not warrant an investment in personal securities or securities not sanctioned by the Court. AndHeldthat an executor and trustee who deposited funds so left in trust for infants at three and a half or four per cent interest Polo Ralph Lauren Outlet in a North Face Outlet savings bank did not conform to his duty ; and his failure to do so exposed him to pay the legal rate of interest for the money although he acted innocently and honestly ; and the acquiescence of the Nike Max Air 90 statutory guardian of the infants not being for their benefit did not relieve him.Heldalso that the defendant was not entitled to costs out of the fund but that he should be relieved from paying costs.Statement. THISwas an action brought by Charles Andrew Spratt and Richard James Spratt grandchildren and legatees under the Nike Max Air will of Catharine Philippo deceased against James Wilson the surviving executor and trustee under the will. Richard Irwin the other executor and trustee died in .By her will Catharine Philippo bequeathed her real and personal estate to her executors and trustees upon trust Nike Argentina to The North Face Outlet Store sell and convert into money and to divide the net proceeds into three equal parts and to