Land
3
kayode
1
w & w
On the finding of the Court in any such Issue a decree may be entered for the Sum so agreed or ascertained, with or without costs, as the case may be.
Where no Agreement is entered into as to costs, the costs of the whole proceedings shall be in the discretion of the Court.
The Issue and Proceeding and Decree shall be recorded, and the decree shall have the same effect as a decree in a contested suit.
Questions of Law.
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 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.
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, 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. Where no Agreement is entered into as to costs, the costs of the whole proceedings shall be in the Discretion of the Supreme court.
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.
Summary Procedure on Bills of Exchange and Promissory Notes.
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 hereinafter is provided.
The court shall, on application within Seven Days from the service of the Summons, give the Defendant leave to 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.
If the Defendant does not so obtain leave to defend, the 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 Interest 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.
After decree the court may, under special circumstances, set aside the decree, and may, if necessary, set aside execution, 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.
In any proceeding under the present provisions, it shall 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 to order that all proceedings be stayed until the Plaintiff gives Security for costs.
The Holder of a dishonoured Bill or note shall have the same remedies for recovery of the Expenses incurred in the noting of the same for non-acceptance or non-payment, or incurred otherwise by reason of the dishonour, as he has under the present Provisions for recovery of the Amount of the Bill or Note.
335
Land
3
kayode
1
w & w
On the finding of the Court in any such Issue a decree may be entered for the Sum so agreed or ascertained, with or without costs, as the case may be.
Where no Agreement is entered into as to costs, the costs of the whole proceedings shall be in the discretion of the
Court,
The Issue and Proceeding and Decree shall be recorded, and the decree shall have the same effect as a decree in a contested suit.
Questions of Law.
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 court on Summons,-which order the court may make on being satisfied that the partics 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 Su- preme court, without any petition presented or other pleading.
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, decree of the Supreme court, or of the provincial court under whose order the case was stated (as the case may he) may be entered for the Sum so agreed or ascertained with or without costs, as the case may be. Where no Agreement is entered into us to costs, the Sosts of the whole proceedings shall be in the Discretion of the pupreme pourt.
The Special case and proceedings and decree shall be recorded, and the Decree shall have the same effect as a decree in in a contested Suit,
Summary Procedure on Bills of Exchange and Promissory Notes.
+
Suite on Bills of Exchange or promissory Notes, institated 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 hereinafter is provided.
The court shall, on application within Seven Days from the service of the Summous, give the Defendant leave to 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.
. If the Defendant does not so obtain leave to defend, the 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 Interest 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.
After decree the court may, under special circum- stances, set aside the decree, and may, if necessary, set aside execution, 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.
In any proceeding under the present provisions, it shall 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 to order that all proceedings be stayed until the Plaintiff' gives Security for costs."
The Holder of a dishonoured Bill or note shall have the same remedies for recovery of the Expenses incurred in the noting of the same for non-acceptance or non-payment, or incurred otherwise by reason of the dishonour, as he has under the present Provisions for recovery of the Amount of the Bill or Note.
335
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