754
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
may be directed to summon the persons whose attendance is required, and to conduct any proceedings, and to carry out any directions which may be given; and any costs of the Registrar shall be paid by such parties or out of such funds as the court may direct.
Statement of special case on question of law, by concurrence of parties. O. 34, r. 1.
Statement of special case on question of law, by order of the court. O. 34, r. 2.
Preparation, signing and filing of special case. O. 34, r. 3.
Leave to set down special case where
CHAPTER VIII.
SPECIAL CASE.
229.—(1) The parties to any cause or matter may concur in stating any question of law arising therein in the form of a special case for the opinion of the court.
(2) The case shall be divided into paragraphs numbered consecutively, and shall state concisely such facts and documents as may be necessary to enable the court to decide the questions raised thereby.
(3) On the argument of the case the court and the parties shall be at liberty to refer to the whole contents of such documents and the court shall be at liberty to draw from the facts and documents stated in the case any inference, whether of fact or of law, which might have been drawn therefrom if proved at a trial or hearing.
230. If it appears to the court that there is in any cause or matter a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried or before any reference is made to an arbitrator or otherwise, the court may make an order accordingly and may direct such question of law to be raised for the opinion of the court, either by special case or in such manner as the court may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed.
231. Every special case shall be prepared by the plaintiff and signed by the several parties or their counsel or solicitors, and shall be filed in the Registry by the plaintiff.
232.—(1) No special case in any cause or matter to which a married woman (not being a party thereto in respect of her separate property or of any separate right of action by or against her), infant, or person of unsound mind, not so found by
Page 60
Page 61