...& 16 Viet. c. 86, s. 50 (now repealed), which provided as follows : — " No suit in the said Court shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the Court to make binding declarations...

...granting consequential relief. Last session our Legislature, by 48 Viet., ch. 13 t sec. 5, enacted : " No action or proceeding shall be open to objection...consequential .relief is or could be claimed or not." This Act was passed :80th March, 1885, three or four weeks after the judgment appealed from was pronounced....

...shall be open to objection on Declaratory the ground that a merely declaratory judgment or anj8^"^ order is sought thereby, and the Court may make binding...consequential relief is or could be claimed or not. 48 V., c. 13, s. 5. & If any defendant claims to be entitled to any equit- Equitable able estate or...

...judgment for nominal damages awards relief in form only, for nominal damages are nothing. 13, sec. 5, (O.) that " no action or proceeding shall be open to objection...consequential relief is or could be claimed or not ;" but it would be entirely within the spirit and principle of that enactment to hold a judgment perfectly...

...proceeding shall be open to objec- Declaratory tion, on the ground that a merely declaratory judgment ju or order is sought thereby, and the Court may make...consequential relief is or could be claimed, or not. ORDER XXV. DISCONTINUANCE. i. — The plaintiff may, at any time before receipt of Disosatinnanee....

...hoped that a victim will not be necessary. Under section 52, sub-sec. 5, of the Judicature Act, " no proceeding shall be open to ' objection on the ground...may make binding declarations of right, whether any conseqential relief is, or could be claimed, or not." Under this section, a declaration of the right...

...repealed by 46 & 47 V. c. 49 (Sched.), but is in substance re-enacted by O. xxx,v. 8. By O. xxv. 5, " no action or proceeding shall be open to objection on the ground that a mere declaratory judgment or order is sought thereby, and the Court may make binding declarations of...

...no doubt intended as an amendment of the law as expressed in Order 538, above referred to. It is, " No action or proceeding shall be open to objection on the ground that merely a declaratory judgment or order is sought thereby, and the Court may make binding declarations...

...Vol. VI. Civil THE WEEKLY REPORTER. Rulings. The law, Section 15, Act VIII. of 1859, says : " No suit shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the Civil Courts to make binding declarations...

...sought, is untenable. By Sec. 50 of the Chancery Amendment Act of 1852, (15 and 16 VC 86), " No suit shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the Court to make DRAKE, j. '' AND binding...