ORDINANCE No. 8 OF 1860 . 463
Probate and Administration.
and the witnesses examined, shall extend and be applicable to the said Court in its
Probate Jurisdiction and to the examination of witnesses under the commissions and
orders of the said Court, and to the witnesses examined, as if such Court were one of
the Courts of Law at Westminster, and the matter before it were an action pending in
such Courts. Repealed by Ordinance No. 1 of 1861. ]
Rules of
16. The rules of evidence observed in the Supreme Court in its evidence to be
Common Law Jurisdiction shall be applicable to and observed in the trial observed as at
common law.
of all questions of fact in the said Court in its Probate Jurisdiction .
17. It shall be lawful for the said Court to cause any question of Court may
cause
fact arising in any suit or proceeding under this Ordinance to be tried by tions of fact
to be tried by
a special or common jury upon the application of any party or parties to a jury.
the proceeding made in that behalf.
18. When the Court shall order a question of fact to be tried by a Powers of the
Court for the
jury, the Court may make all such rules and orders upon the sheriff or trial of ques
tions by jury.
any other person 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 Common Law Jurisdiction , and may also make any other orders
which to such Court may seem requisite : And every such jury shall be
struck, summoned, ballotted for, and called in like manner as if such jury
were a jury for the trial of any cause in the said Supreme Court in its
Common Law Jurisdiction ; 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
said Supreme Court and every party to any such proceeding shall be en
titled to the same rights as to challenge and otherwise as if he were a
party to any such cause : And generally for the purposes of or auxiliary
to the trial of questions of fact by a jury before the Court itself, and in
respect of new trials thereof, and also for the purposes in relation to or
consequential upon the direction of issues , the said Court in its Probate
Jurisdiction shall have the same jurisdiction , powers, and authority in all
respects as belong to the said Supreme Court in its Common Law or
Equitable Jurisdiction for the like purposes .
19. When any such question shall be so ordered to be tried by a Question to
be stated and
jury before the Court itself, such question shall be reduced into writing the jury
sworn to try
in such form as the Court shall direct , and at the trial the jury shall be it.
impanelled to try the said question , and a true verdict to give thereon