The Fielding Star. WEDNESDAY, OCTOBER 18, 1882. THE LAW AMENDMENT ACT, 1882.

Feilding Star, Volume III, Issue 35, 18 October 1882, Page 2

The Fielding Star. WEDNESDAY, O CTOBER 18, 1882. TH E L A W AMENDMENT ACT, 1882.

Tins law is ot very great importance [to the community at large. AYe therefore present our readers with a i ; ... resume of the J et : —In the nauiiuis- ! trati.m of the assets of any person ; who niiiv die alter the coming into I operation of the S'ciion referring - to I • administration suits, and whose estnt Q innv prove to lie insufficient tor the payment ii. full of his lights and liabilities, or in the winding- up of any con panics whose affairs are in the same condition, the same rules shall prevail as to the respective rights cf secure ! nnd unsecured creditors as may be in force under the law ol bankruptcy, and nil persons who in any such case would be entitled to [rove and receive dividends out of the estate of any such deceased per son, or company, ma)' come in unuer the order /or the administration of the estate. No claim against a trustee for any property held on an express trmt' sh-ill be held to be barred by a' y stamrc of limitation. A mortgagor entitled to the possession or receipt ot rents and profits of any land as to which no notice of his intention to take possession, or t o enter into the receipt of the rents and profits thereol, sha 1 have been given by the mortgagee, may sue for such posession in his own name only, unless the cause of" action arises upon a lease or other contract male by him jointly with another person. Any absolute assignment, by the as^ig-nir of any debt, of which express notice, in writing shall have been given to the debtor, or other person from j whom the assignor would have b eu ! entitled to receive or claim sir h debt. shall be eff ctual in law to pa>s the legal right to such debt from the date of such no; ice. Provided that if the person liable in respect of such debt shall have had notice that such a^.-igu-inent is disputed by the assignor, or anyuiie claiming; under him, he shall be entitled to call upon the several persons making claim to interplead concerning- the same, or he may pay the same into the Supreme Court in conformity with the provisions ot the Acts for the relief of trustees. In questions relating- to the custody and education of inlands the rules ol equity shall prevail. Generally, in all mutters not particularly mentioned in which there is any variance between the rules of equity and of the common law, with reference to the •ami! matter, the rules of equity shall prevail. In regard to the custo.iy of intuiits tin Suprttne Court may make an oder as regards tloir custody and i the access to them of ibeir mothers, or order that such ii, Lint or infants shall j he delivered to the mother, and remain in h'-r custody or under her control, until they sha I attain sixteen 3'ears of age, or b-ss, as the Court may direct, subject to such regulation.* as regards access by their I'm her or '.'uardtan, as may b" deemed proper by the Court. Wo agreement in any separation deed, made between the parents of an infant or Lifuit , shah

I be held invalid by reason only of its providing- that the. lather of such iufii t or infants shall give up the cus- ! tody to the mother. Provided -uch shall be f r Uie "benefit of the infants. , 'he Act concludes with a clause rehiting- to the parties to perir.i n suits. 1 aud defines the positions of parties to such suits.