The Lands Clauses Consolidation Act, 1845; and The Act 14 & 15 Vict c 104, "an Act to Facilitate the Management and Improvement of Episcopal and Capitular Estates in England, " &, & ex parte The Bishop of London
| Jurisdiction | England & Wales |
| Judgment Date | 25 May 1860 |
| Date | 25 May 1860 |
| Court | High Court of Chancery |
English Reports Citation: 45 E.R. 526
BEFORE THE LORDS JUSTICES.
S. C. 29 L. J. Ch. 575; 6 Jur. (N. S.), 640; 8 W. R. 714. On the point of costs, followed, Ex parte Master, &c., of Trinity College, Cambridge, 1868, 18 L. T. 849; In re Leigh's Estate, 1871, L. R. 6 Ch. 893; Ex parte Dean, &c., of Manchester, 1873, 28 L. T. 185. Considered, Ex parte St. Bartholemew's Hospital, 1875, L. R. 20 Eq. 369. Followed, In re Gore-Langton's Estates, 1875, L. R. 10 Ch. 333; In re Manchester and Leeds Railway Company, 1876, 2 Ch. D. 361; Ex parte Perpetual Curate of Bilston, 1889, 37 W. R. 461. Considered, In re Bishopsgate Foundation [1894], 1 Ch. 185.
[14] In the Matter of the lands clauses consolidation act, 1845 ; and In th& I jf___ f~. Matter of the act 14 & 15 vict. c. 104, "AN act to facilitate the /' management and improvement of episcopal and capitular estates in england," &c., &c. Ex parte the bishop of london. Before the Lords Justices. May 25, 1860. [S. C. 29 L. J. Ch. 575 ; 6 Jur. (N. S.), 640; 8 W. R. 714. On the point of costs, followed. Ex parte Master, &r,., of Trinity College,, Cambridge, 1868, 18 L. T. 849; In re. Leigh's Estate, 1871, L. R. 6 Ch. 893; Ex parte Dean, &c., af Manchester, 1873, 28 L. T. 185. Considered, Exparte St. Bartholomew's Hospital, 1875, L. R. 20 Eq. 369. Followed, In re Gore-LangM s Estates, 1875, L. R. 10 Ch. 333 ; In re Manchester and Leeds Railway Company, 1876, 2 Ch. I). 361 ; Ex parte Perpetual Curate of BUstm, 1889, 37 'W. R, 461. Considered, In re Bishapsgate Foundation [1894], 1 Ch. 185.] A bishop presented a petition to have monies which had been paid into Court by several railway companies for lands taken from the See applied in buying up a lease of other land belonging to the See. Held, that taking together the Lands Clauses Consolidation Act and the Episcopal and Capitular Estates Act, the companies must pay costs in the same way as if the purchase had been of freehold lands. Held, also, that the petition ought not to have been served on the Ecclesiastical Commissioners, but their consent out of Court obtained and proved, and that the companies ought not to pay the costs of their appearance. Held, also, that the costs ought to be borne by the companies in equal shares, except the costs of the ad valorem stamp on the...
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