44. Where, before the revocation of any temporary administration, any proceedings have been commenced in the Supreme Court in its original jurisdiction by or against any administrator so appointed, the Court in its probate jurisdiction may order that a suggestion be made upon the record of the revocation of such administration, and of the grant of 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 variation, if any, as the Court may direct.
Practice.
45. The practice of the Court shall, except where otherwise provided by this Ordinance or by the rules or orders from time to time made thereunder, be, so far as the circumstances of the case will admit, according to the practice hitherto prevailing in the same.
46. 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 sittings shall be held shall from time to time be fixed by the Judge: Provided that no matter shall be heard in Chambers which either party requires to be heard in Court.
47. 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.
48. The Court shall have the same powers with regard to the costs of any suit or other proceeding as the Supreme Court has with regard to costs in suits and other proceedings in its original jurisdiction.
Evidence.
49.-(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 the opposite party, be subject to be cross-examined by or on behalf of such opposite party orally in Court as aforesaid, and after such cross-examination may be re-examined orally in Court as aforesaid by or on behalf of the party by whom such affidavit was filed.
(2.) Provided that when a witness in any such matter is out of the jurisdiction of the Court, or when, by reason of his illness or otherwise, the Court does not think fit to enforce his attendance in Court, it shall be lawful for the Court to order a commission to issue for his examination upon interrogatories or otherwise, or, if the witness is within the jurisdiction of the Court, to order his examination, upon interrogatories or otherwise, before any officer of the Court or other person named for that purpose in the order.
50. An affidavit sworn out of the Colony in the manner mentioned in any Ordinance for the time being in force relating to evidence may be used in any suit or proceeding in the Court.
51. The rules of evidence observed in the Supreme Court in its original jurisdiction shall be applicable to and be observed in the trial of all questions of fact in the Court.
Trial of Question of Fact by Jury.
52. On the application of any party to any suit or proceeding in the Court or of its own motion, it shall be lawful for the Court to cause any question of fact arising in such suit or proceeding to be tried by a special or common jury.
53.-(1.) When the Court orders a question of fact to be tried by a jury, the Court may make all such rules and orders 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 original jurisdiction, and may also make any other orders which to the Court may seem requisite.
Continuation...
Fraction in matters not provided for (No. 8 of 1860, s. 13.)
Sittings in Chambers. (No. 5 of 1856, s. 20.)
Powers of Judge sitting in Chambers. (No. 8 of 1860, s. 21.)
Power of the Court with regard to costs.
Examination of witnesses and parties. (No. 8 of 1860, s. 14.)
Use of affidavit sworn out of the Colony. See Ord. ...
Rules of evidence. (No. 9 of 1880, s. 16.)
Power to order question of fact to be tried by special or common jury. (No. 8 of 1860, s. 17.)
Procedure and powers on trial of question by jury. (No. 8 of 1860, s. 18.)
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44. Where, before the revocation of any temporary al- ministration, any proceedings have been commenced in the Supreme Court in its original jurisdiction by or against any administrator so appointed, the Court in its probate jurisdiction may order that a suggestion be made upon the record of the revocation of such administration, and of the grant of 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 exccutor or administra- tor, but subject to such conditions and variation, if any, as the Court may direct.
Practice.
45. The practice of the Court shall, except where other- wise provided by this Ordinance or by the rules or orders from time to time made thereunder, be, so far as the cir- cumstances of the case will admit, according to the practice hitherto prevailing in the same.
46. 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 sittings shall be held shall from time to time be fixed by the Judge: Provided that no matter shall be heard in Chambers which either party requires to be heard in Court,
47. 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. 48. The Court shall have the same powers with regard to the costs of any suit or other proeceding as the Supreme Court has with regard to costs in smits and other procced- ings in its original jurisdiction.
Evidence.
49.-(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 Coart: 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 the opposite party, be subject to be cross-examined by or on behalf of such opposite porty orally in Court as aforesaid, and after such cross-examination may be re-examined orally in Court as aforesaid by or on behalf of the party by whom such affidavit was filed.
(2.) Provided that when a witness in any such matter is out of the jurisdiction of the Court, or when, by reason of his illness or otherwise, the Court does not think fit to enforce his attendance in Court, it shall be lawful for the Court to order a commission to issue for his examination upon interrogatories or otherwise, or, if the witness is with- in the jurisdiction of the Court, to order his examination, upon interrogatories or otherwise, before any officer of the Court or other person named for that purpose in the order.
50. An affidavit sworn out of the Colony in the manner mentioned in any Ordinace for the time being in force relating to evidence may be used in any suit or proceeding in the Court.
51. The rules of evidence observed in the Supreme Court in its original jurisdiction shall be applicable to and be observed in the trial of all questions of fact in the Court.
Trial of Question of Fact by Jury.
52. On the application of any party to any suit or pro- cending in the Court or of its own motion, it shall be law. ful for the Court to cause any question of fact arising in such suit or proceeding to be tried by a special or concou jury.
53.-(1.) When the Court orders a question of fact to be tried by a jury, the Court may make all such rules and orders 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 original jurisdietion, and may also make any other orders which to the Court may seem
requisite.
Contrace
at provesibiz begun under tonijrary
al
tion se
(No, & uf 18%,
34.)
Fraction In maiters met provided for
No. 8 of 1860, 6. 13.)
Sietinga in Charters. (No 5 of 1850, 6. 20.)
Powers of Judge sicting
I Chambers.
(No. 8 of 10,
B. 21
Power of the Court with
regard to cortin.
Kincination
wtimesena
of parties and
(No. # of 1960,
€. (4.)
Use of
drit work out of the Colony. See Ora, o.
Rates of
evidence, (Nn. 9 of 1980,
€ 16.)
Power to order question of fact to be tried
by special er
Totinon jaey,
No. 8 of 1860,
J. 17.)
Presedar
And powers on
trial of quar.
(No 80,
chun by jur,
A. 18.)
634
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