464

The Judge may sit in Chambers.

Powers of Judge when sitting in Chambers.

Caveats.

Judge to Cause calendars to be made from time to time.

Registrar to transmit copies to certain offices.

ORDINANCE No. 8 OF 1860.

Probate and Administration.

according to the evidence and upon every such trial the Court shall have the same powers, jurisdiction, and authority as belong to the said Judge of the said Supreme Court sitting at nisi prius.

20. It shall be lawful for the Judge of the said Court for the time being to sit in Chambers for the dispatch of such business of the said Court under this Ordinance as can, in the opinion of the said Judge with advantage to the suitors, be heard in Chambers: And the times at which such sittings shall be held shall from time to time be fixed by the Judge. Provided always that no question shall be heard in Chambers which either party shall require to be heard in open Court.

21. The Judge of the said Court when so sitting in Chambers shall have and exercise the same power and jurisdiction in respect of the business to be brought before him as if sitting in open Court.

22. Caveats against the grant of probates or administration may be lodged in the Registry of the said Court in its Probate Jurisdiction and (subject to any rules or orders under this Ordinance) the practice and procedure under such caveats in the Court of Probate shall as near as may be, correspond with the practice and procedure under caveats heretofore in use in the said Supreme Court in its Ecclesiastical Jurisdiction.

23. The Judge shall cause to be made from time to time in the Registry of the said Court in its Probate Jurisdiction, calendars of the grants of probate and administration therein for such periods as the Judge may think fit, each such calendar to contain a note of every probate or administration with the will annexed granted within the period therein specified, and also a note of every other administration granted within the same period, such respective notes setting forth the dates of such grants, the names of the testators and intestates, the place and time of death, the names and descriptions of the executors and administrators, and the value of the effects as set forth in any commission of appraisement and the calendars to be so made shall be printed as the same are from time to time completed.

24. The Registrar shall cause a copy of every calendar to be transmitted through the post to the Principal Registry of Her Majesty's Court of Probate in England, to the Principal Registry of Her Majesty's Court of Probate in Ireland, to the office of the Commissary of the County of Midlothian in Edinburgh, and such other offices if any as the said Judge shall from time to time by rule or order direct.

Share This Page