CO129-275 - Governor Sir Robinson - 1897 [1-5] — Page 643

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Form of question to lo tried, ete (No. 9 of 1900,

R. 19.)

Making and

Artionlars of calendars of

grants.

No. of 1880, *. 28.)

Tilstribution of calendars. (N. A GF 1800, *. 24)

(2.) Every such jury shall be struck, summoned, balloted for, and called in like manner as if such jury were a jury for the trial of any cause in the said Supreme Court; 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 summinoned for the trial of any such cause in the said Supreme Court; and every party to any such proceeding shall be entitled to the same rights as to chal- lenge and otherwise as if he were a party to any such cause. (3.) Generally for all purposes of or auxiliary to the trial of questions of fact by a jury before the Court, and in respect of new trials thereof, and also for all purposes in relation to or consequential upon the direction of issues, the Court shall have the same jurisdiction, powers, and authority in all respects as belong to the said Supreme Court for the like purposes.

54. (1) When the Court orders a question of fact to he tried by a jury, the question shall be reduced into writing in such form as the Count may direct, and at the trial the jury shall be empanelled to try the question, and a true verdiet to give thereon according to the evidence,

(2.) Upon every such trial the Court shall have the same jurisdiction, powers, and anthority in all respects as belong to a Judge of the said Supreme Court sitting in its original jurisdiction.

Calendars of Grants.

55.-(1.) The Judge shall cause to be made from time to time in the Registry of the Court and to be printed calendars of the grants of probate and administration therein for such periods as the Judge may think fit.

(2.) Every such calendar shall contain a note of every probate, or administration with the will annexed, or admi- nistration granted within the period therein specified.

(3.) Every such note shall set forth the date of the grant, the name of the testator or intestate, the place and time of death, the names and descriptions of the executors or admi- nistrators, and the value of the effects as set forth in any commission of appraisement or otherwise.

56. The Registrar shall cause a copy of every such calendar to be transmitted to the Governor, to the Principa! Registry of the Probate Division of the High Court of Justice in England, to the Sheriff Court of the County of Edinburgh in Scotland, to the Principal Registry of the Probate Division of the High Court of Justice in Ireland, and to such other offices, if any, as the Judge may from

time to time direct.

635

Specialty and

simple con-

tra chis to stuni in equal Jayne.

(No. 9 of 1870,

1.2.)

Power to the Court in

AB DIÁCH

Inita LET

for creditors

ti serul in

cieltoa Akelzat Plate ¡No. 9 of 1870, a. 2.)

PART IV.

RULES FOR ADMINISTRATION OF PROPERTY. 57. In the administration of the estate of every deceased person no debt or liability of such person shall be entitled to any priority or preference by reason merely that the same is secured by or rises under a boud, deed, or other instrument under seal, or is otherwise male or constituted a specialty debt; but all the creditors of such person, as well specialty as simple contract, shall be treated as stand- ing in equal degree, aud be paid accordingly ont of the assets of such decensed person, whether such assets aro legal or equitable: Provided that this Ordinance shall not prejndico or affect any lien, charge, or other security which any creditor may hold or be entitled to for the payment of his debt.

58.-(1.) Any executor or administrator may apply by entamary petition to the Court for an order limiting the time for creditors and others to send in their claims against the estate of the restator or intestate, and specifying what notices are to be given of the making of such order and of the time thereby limited; and the Court may make such order thereon as it thinks fit,

(2.) Where an executor or administrator bas given the notices specified in any such order, he shall, at the expira- tion of the time limited thereby for sending in such claims, be at liberty to distribute the assets of the testator or in- testate, or any part thereof, amongst the parties entitled thereto, having regard to the claims of which he has then notice, and shall not be liable for the assets, or any part thereof, so distributed to any person of whose claim he has not had notice at the time of distribution of the assets or a part thereof, as the case may be.

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