382 HAMMOND v. HAMMOND.
cipal, so that the whole may carry interest to the end of the next
year or period, and so on. The contracting for which originally
would be deemed illegal, (j) But where the interest is converted
into principal by a judgment at common law, or by an order of this
court, it is because of the whole being found to be then due as an
entire debt, which is so judicially required to be paid, on which, if
the debtor fails to pay as commanded, he must, thenceforward, be
charged with interest upon the whole amount so adjudged to be
due. (k) And upon similar principles, on a bill to foreclose, or re-
deem a mortgage, if, by the decree, the mortgagor is allowed a
certain time to redeem, by the payment of principal, interest and
costs down to a specified day; and if he fails to do so, the interest
will be added to the principal, and the whole will, thenceforward
bear interest. (l)
George Mann's representative, .....
|
34
|
19s.
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3d..
|
Benjamin Harwood, .....
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31
|
18
|
3
|
Ditto, ........
|
91
|
16
|
6 1/2
|
Ditto, .......
|
8
|
8
|
7
|
William Sinclair, ......
|
20
|
3
|
8
|
Daniel Ross, ......
|
9
|
7
|
3
|
Wallace & Muir, ......
|
5
|
7
|
6 1/2
|
James, .......
|
34
|
5
|
3
|
James Murray, .......
|
2
|
1
|
0
|
Ordered, further, for the accommodation of all parties concerned, that the receipt
in writing of any person, entitled as aforesaid, filed in this court for so much money
as is due to the said person, shall be admitted, and considered as so much money
brought into court, agreeably to the directions of the decree in this cause; provided
the said receipt be filed by the trustees, or either of them.
N. B. It is not the Chancellor's meaning, that the whole of this order be served
on those claimants whose claims are doubtful. It will be sufficient to serve only the
clause relating immediately to them, and the preceding part. The Chancellor has
been often embarrassed, and great delay and trouble in the settlement of cases like
the present, has resulted from the neglect of claimants to exhibit, in the first instance,
proper vouchers; and from his own unwillingness to reject claims which the parties
probably have it in their power to establish; and from the obvious impossibility of
his distinguishing, in the beginning, between inattention, ignorance, and sheer
speculation. The present case has been long delayed on account of such claimants.
Should any of the aforesaid doubtful claims be finally rejected, there will be another
dividend to be struck. That a final settlement may be had as soon as possible, he
recommends the immediate service of the order as aforesaid.—M. S.
(j) Neal v. The Attorney-General, Mosely 247; Bosanquett v. Dashwood, Ca.
Tern. Tal. 40; Chambers v. Goldwin, 9 Ves. 271; Howardv. Harris, 1 Vern. 194;
Sackett v. Bassett, 4 Mad. 64.—(k) Shepherd v. Mackreth, 2 H. Blac. 284; Bick-
ham v. Cross, 2 Ves. 471; Creuze v Lowth, 4 Bro. C. C. 318, 158.—(l) Bickham
v. Cross, 2 Ves. 471; Harris v. Harris, 3 Atk. 722; Creuze v. Hunter, 2 Ves. jun.
158: Atkinson r, Hall, ante 371.
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