854
No. 2 of 1897.
PROBATES.
Continuance begun under administration revoked.
44. Where, before the revocation of any temporary administration, any proceedings have been commenced in the Supreme Court in its original jurisdiction by or against any administrator subsequently so appointed, the Court in its probate jurisdiction may order that suggestion be made upon the record of the revocation of such administration, and of the grant of probate or administration which has been made consequent thereupon, and that the proceedings shall be continued in the name of the new executor or administrator in like manner as if the proceedings had been originally commenced by or against such new executor or administrator, but subject to such conditions and variations, if any, as the Court may direct.
[20 & 21 Vict. c. 77 s. 76.]
Practice in matters not provided for. [ib. s. 29.]
*
Sittings in Chambers.
[21 & 22 Vict. c. 95 s. 3.]
+
45. The practice of the Court shall, except where otherwise provided by this Ordinance or by the rules or orders made thereunder, be, so far as the circumstances of the case will admit, according to the practice hitherto prevailing in the same.
46. It shall be lawful for the Judge to sit in Chambers for the despatch of such business of the Court as can, in the opinion of the Judge, with advantage to the suitors be heard in Chambers; and the times at which such sittings shall be held shall be fixed by the Judge: Provided that no matter shall be heard in Chambers which either party requires to be heard in Court.
47. The Judge, when so sitting in Chambers, shall have and exercise the same power and jurisdiction in respect of any business brought before him as if he were sitting in Court.
Powers of the Court with regard to costs.
Examination of parties and witnesses.
[20 & 21 Vict. c. 77 s. 81.]
48. The Court shall have the same powers with regard to the costs of any action or other proceeding as the Supreme Court has with regard to costs in actions and other proceedings in its original jurisdiction.
Evidence.
49.-(1) Subject to any rules or orders made under this Ordinance, the witnesses, and where necessary the parties, in all contentious matters where their attendance can be had shall be examined orally by or before the Judge in Court: Provided that, subject to any such rules or orders as aforesaid, the parties shall be at liberty to verify their respective cases, in whole or in part, by
* As amended by No. 1 of 1912. + As amended by No. 50 of 1911.
1