PROBATES.
No. 2 of 1897.
509
51. The rules of evidence observed in the Supreme Court in its original jurisdiction shall be applicable to and be observed in the trial of all questions of fact in the court.
Trial of question of fact by jury.
evidence. 20 & 21 Vict. c. 77, s. 33.
order question of fact
52. On the application of any party to any action or proceeding in court or of its own motion, it shall be lawful for the court to cause any question of fact arising in such action or proceeding to be tried by a special or common jury.
to be tried by jury. 20 & 21 Vict. c. 77, s. 35.
and powers on trial of
53. (1) When the court orders a question of fact to be tried by a jury, the court may make all such rules and orders for procuring the attendance of a special or common jury for the trial of such question as may now be made by the Supreme Court in its original jurisdiction, and may also make any other orders which to the court may seem requisite.
(2) Every such jury shall be struck, summoned, balloted for, and called in like manner as if such jury were a jury for the trial of any cause in the Supreme Court; and every juryman so summoned shall be entitled to the same rights, and subject to the same duties and liabilities, as if he had been duly summoned for the trial of any such cause in the Supreme Court; and every party to any such proceeding shall be entitled to the same rights as to challenge and otherwise as if he were a party to any such cause.
(3) Generally, for all purposes of or auxiliary to the trial of questions of fact by a jury before the court, and in respect of new trials thereof, and also for all purposes in relation to or consequential upon the direction of issues, the court shall have the same jurisdiction, powers, and authority in all respects as belong to the Supreme Court for the like purposes.
question by jury. 20 & 21 Vict.
of fact
c. 77, s. 36. [cf. No. 6 of 1887.]
fact to be
54.—(1) When the court orders a question of fact to be tried by a jury, the question shall be reduced into writing in such form as the court may direct, and at the trial the jury shall be empanelled to try the question and a true verdict to give thereon according to the evidence.
(2) On every such trial, the court shall have the same jurisdiction, powers, and authority in all respects as belong to a judge of the Supreme Court sitting in its original jurisdiction.
tried, etc. 20 & 21 Vict.
c. 77, s. 37.
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