CO129-109 - Public Offices - 1865 — Page 105

Effect of decree.

In what cases.

Special case for Supreme

Court.

Money payment.

Costs,

Decree.

In what cases.

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5. The issue and proceedings and decree shall be recorded, and the decree shall have the same effect as a decree in a contested suit.

Questions of Law.

6. Where the parties between whom a suit might be instituted are agreed as to any question of law to be determined between them, they may by consent and by order of the Supreme or other Court on summons, which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to be determined,-state any question of law in a special case for the opinion of the Supreme Court, without any petition presented or other pleading.

Where the case is stated under order of a Provincial Court, the Court shall send the case to the Supreme Court; and the Supreme Court may direct the case to be re-stated or to be amended, or may refuse to determine the same if the facts are not sufficiently stated, or if the question thereon is not properly raised, or if the parties cannot agree on an amended case; and may draw inferences of fact from the facts stated in the case.

7. The parties may, if they think fit, enter into an agreement in writing, (which shall be embodied in the order for stating the special case or in some subsequent order), that upon the judgment of the Supreme Court being given in the affirmative or negative of the question of law raised by the special case a sum of money fixed in the agreement or to be ascertained by the Supreme Court, or in such manner as it may direct, shall be paid by one of the parties to the other, with or without any costs.

On the judgment of the Supreme Court, a decree of the Supreme Court or of the Provincial Court under whose order the case was stated (as the case may be) may be entered for the sum so agreed or ascertained, with or without costs, as the case may be.

8. Where no agreement is entered into as to costs, the costs of the whole proceedings shall be in the discretion of the Supreme Court.

9. The special case and proceedings and decree shall be recorded, and the decree shall have the same effect as a decree in a contested suit.

II. SUMMARY PROCEDURE FOR CLAIMS UNDER 100 Dollars.

10. Where the claim which any person desires to enforce by proceedings in the Court relates to money, goods, or other pro- perty, or any matter at issue, of a less amount or value than

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100 dollars, or is for the recovery of damages of a less amount han 100 dollars,-proceedings shall be commenced by summons (Form 2.), and the suit shall be heard and determined in a summary way.

11. The summons shall issue without application in writing. Course of It shall be addressed to the defendant or defendants against procedure.

whom the claim is made.

It shall state briefly and clearly the nature and particulars of

the claim and the amount sought to be recovered.

It shall be served on the defendant or defendants within the

time and in the manner directed by the Court.

A defendant shall not be bound to attend personally to answer the summons unless required expressly by the summons so to do, but he must attend personally if summoned as a witness.

The provisions of these Rules, relative to suits for sums of 100 dollars and upwards, shall be applicable mutatis mutandis to suits for sums of less than 100 dollars, and shall be so applied accordingly, (except so far as the Court may in any case for the avoiding of delay and the furtherance of substantial justice think fit otherwise to direct,) and particularly as to the matters following:

The service of summonses, notices, and orders.

The summoning of witnesses.

The taking of evidence.

The postponement or adjournment of the hearing,

The allowance of costs.

The contents and effect of orders and the enforcement

thereof.

The recording of the proceedings.

The mode of appeal.

12. Where either on the application for a summons or before Power of

a petition.

or at the hearing thereof, it appears to the Court (for reasons to Court to direct be recorded in the minutes of proceedings) that the nature and circumstances of the case render it unjust or inexpedient to near and determine the claim in a summary way, the Court may direct proceedings to be taken and carried on by petition as in suits for sums of 100 dollars and upwards.

III-SUMMARY PROCEDURE FOR ADMINISTRATION OF PROPERTY OF DECEASED PERSONS.

13. Any person claiming to be a creditor or a legatee, or In what cases. the next of kin, or one of the next of kin, of a deceased person, may apply for and obtain, as of course, without petition filed or other preliminary proceeding, a summons from the Court (Form 3.) requiring the executor or administrator (as the case may be) of the deceased to attend before the Court and show cause why an order for the administration of the property of the deceased should not be made.

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