The Jijdge took time. Franc;; and Others v. Suihtkd —Mr Smith moyed, upon notice, to vary the decree recently pronp'.inced, to the effect that'thc-plaintiffs'were entitled to L4SG, before giving up certain land which the defendant claimed, and which they held under a Bale from the father of the de fendant, clu'rinj his minority. The Judge : The defendant brought an action and obtained judgment in eject ment, I think ; and there was an jnjunc : tion to stay proceedings. What was claimed in that action? . Mr Smith : The land, and meano profits. The Judge : Can the Registrar assess m^sne profits ? '1 think not; but that it must be done by a jury. Mi* Smith would ask to have an assess ment of mesne profits. Substantial justice could not bo dono, if the defendant here was-restrained from carrying out the judgment in ejectment 'Until' he hud paid the IfliJO. The amount assessed as mesne profits ought to be deducted from I that-sum. \ r ■:•■■•■ : .■:

Tho Judge : The Registrar could act as assessor by consent."

Mr Smith : The defendant is quite wil ling to consent, and to pay over tho balance of the L45C5, after deducting tho nicsuc profits. Mr Macasaey, for tho plaintiffs, sub mitted that the present proceeding waa wholly misconceived, and must be useless. The Court .could not interfere in tlio cross-suit, as aaked ; bttt if the defendant thought himself entitled to rncsne profits, there was nothing to prevent a contintf ance'of his action for them.
