CO129-109 - Public Offices - 1865 — Page 106

Order.

Custody of property.

Proceedings ex officio.

Minute of reasons.

In what cases.

Leave to de-

fend, when.

10

14. On proof of due service of the summons or on the appearance of the executor or administrator in person or by counsel or attorney, and on proof of such other things (if any) as the Court requires, the Court may, if in its discretion it thinks fit so to do, make an immediate order for the admi- nistration of the property of the deceased; and the order so made shall have the force of a decree to the like effect made on the hearing of a cause between the same parties.

The Court shall have full discretionary power to make or refuse such order, or to give any special directions respecting the carriage or execution of it, and in the case of applications for such an order by two or more different persons or classes of persons to grant the same to such one or more of the claimants or classes of claimants as the Court thinks fit.

If the Court thinks fit the carriage of the order may subse- quently be given to such person and on such terms as the Court directs.

15. On making such an order or at any time afterwards the Court may, if it thinks fit, make any such further or other order as seems expedient for compelling the executor or administrator to bring into Court for safe custody all or any part of the money, or securities, or other property of the deceased from time to time coming to the hands of the executor or administrator, or such other order as seems expedient for the safe keeping of the property of the deceased, or any part thereof, until it can be duly administered under the direction of the Court for the benefit of all persons interested.

16. If the extreme urgency or other peculiar circum- stances of any case appear to the Court so to require, the Court may issue such a summons and make such an order or such orders as aforesaid, and may cause proper proceedings to be taken thereon, of its own motion ex officio, or on the information of any officer of the Court, and without any such application by a creditor or legatee, the next of kin, or one of the next of kin, as is before mentioned.

17. The reasons of the Court for making any order under the present provisions shall be recorded in the minutes of proceedings.

IV. SUMMARY PROCEDURE ON BILLS OF EXCHANGE AND

PROMISSORY NOTES.

18. Suits on bills of exchange or promissory notes, instituted within six months after the same become due and payable, may be commenced by summons (Form 4.), and may be heard and determined in a summary way as herein-after is provided.

19. The Court shall, on application within seven days from the service of the summons, give the defendant leave to

*

11

defend the suit on his paying into Court the sum indorsed, or on evidence on oath showing to the satisfaction of the Court a good legal or equitable defence, or such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court deems sufficient to support the application, and on such terms as to security and other things as to the Court seems fit; and in that case the Court may direct proceedings to be taken and carried on by petition in the ordinary way.

20. If the defendant does not so obtain leave to defend, the Decree. plaintiff, on proof of due service of the summons, shall be entitled as of course at any time after the expiration of such seven days to an immediate absolute decree for any sum not exceeding the sum indorsed on the summons, together with in- terest at the rate specified (if any) to the date of the decree, and a sum for costs to be fixed by the Court in the decree.

21. After decree the Court may, under special circumstances, Proceedings

set aside the decree, and may, if necessary, set aside execution, after decree, and may give leave to defend the suit if it appears to the Court reasonable so to do, and on such terms as to the Court may seem just, the reasons for any such order being recorded in the minutes of proceedings.

bill.

22. In any proceedings under the present provisions, it shall Deposit of be competent to the Court to order the bill or note sought to be proceeded on to be forthwith deposited in the Court, and further Security for to order that all proceedings be stayed until the plaintiff gives costa. security for costs.

23. The holder of a dishonoured bill or note shall have the Holder's same remedies for recovery of the expenses incurred in the expenses. noting of the same for non-acceptance or non-payment, or in- curred otherwise by reason of the dishonour, as he has under the present provisions for recovery of the amount of the bill or note.

ties.

24. The holder of a bill or note may, if he thinks fit, obtain One summons one summons under the present provisions against all or any of against all or the parties to the bill or note; and such summons shall be the any of the par- commencement of a suit or suits against the parties therein named respectively; and all subsequent proceedings against such respective parties shall be carried on, as far as may be, as if separate summonses had issued.

But the summons or its indorsement must set forth the claims against the parties respectively, according to their respective alleged liabilities, with sufficient precision and certainty to enable cach defendant to set up any defence on which he individually may desire to rely.

25. An appeal from a Provincial Court to the Supreme Court Appeal, in respect of any decision, decree, or order given or made in any such suit does not lie, except by special leave.

104