No. 3 of 1901.

Court may require separate solicitor to represent parties.

O.55 r. 41.

Attendance of parties not directed to attend.

ib. r. 42.

Drawing up of order stating parties who have been directed to attend.

b. r. 43.

Exclusion of claimants not coming to prove within time fixed.

ib. r. 44.

Number of advertisements.

ib. r. 45.

Advertisement for claimants.

ib. r. 46. form 46.

CODE OF CIVIL PROCEDURE.

occasioned to any of the parties by his being represented by a different solicitor from the solicitor so nominated.

651. Whenever in any proceeding in Chambers the same solicitor is employed for two or more parties, the Court may, in its discretion, require that any of the said parties shall be represented before it by a separate solicitor, and adjourn such proceedings until such party is so represented.

652. Any of the parties other than those who have been directed to attend may attend at their own expense, and on paying the costs, if any, occasioned by such attendance, or, if they think fit, they may apply by summons for liberty to attend at the expense of the estate or to have the conduct of the action, either in addition to or in substitution for any of the parties who have been directed to attend.

653. An order shall be drawn up, on a summons to be taken out by the plaintiff or the party having the conduct of the action, stating the parties who have been directed to attend and such of them, if any, as have elected to attend at their own expense, and such order shall be recited in the Registrar's certificate.

Advertisements for Claimants and Creditors.

654. Where a judgment or order is given or made, whether in Court or in Chambers, directing an account of debts, claims, or liabilities, or an inquiry for heirs, next of kin, or other unascertained persons, unless otherwise ordered, all persons who do not come in and prove their claims within the time which may be fixed for that purpose by advertisement shall be excluded from the benefit of the judgment or order.

655. Where an advertisement is required for the purpose of any proceeding in Chambers, a peremptory advertisement, and only one, shall be issued, unless for any special reason it may be thought necessary to issue a second advertisement or further advertisements, and any advertisement shall be repeated as many times and in such papers as may be directed.

656. The advertisement for claimants shall be prepared by the party prosecuting the judgment or order and submitted to the Registrar.

* As amended by No. 2 of 1912.

Page 155

Page 156

Share This Page