Directory_and_Chronicle_1903 — Page 317

Order.

Custody of property.

Proceedings ex officio.

Minute of

reasons,

In what cases.

Leave to defend when.

252

RULES OF SUPREME COURT

III. SUMMARY PROCEDURE FOR ADMINISTRATION of ProperTY OF DECEASED PERSONS

13. Any person claiming to be a creditor or allegatee or 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, 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.

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 administration 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 application 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 subsequently 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 expe- dient 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. In the extreme urgency or other peculiar circumstances of any case appear to the Court so to require, the Court may issue such a sum- mons 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 ou the information of any officer of the Court, and without any such applica- tion 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 summous, and may be heard and determined in a summary way as hereinafter is provided.

19. The Court shall, on application within seven days from the ser- vice 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.

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