Probate and Administration.
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.
[44
Practice.
[CAP. 10
matters not
for.
44. 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.
[45
45. 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 sitings 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.
[46
20 & 21 Vict.
c. 77, s. 29.
chambers.
Sittings in 21 & 22 Vict.
c. 95. s. 3.
46. 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.
[47
the court
to costs.
47. 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.
[48
Evidence.
witnesses.
of parties and
20 & 21 Vict. c. 77, s. 31.
48. (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 affidavit, but so that the deponent in every such affidavit shall, on the application of