ORDINANCE No. 8 of 1860.
Probate and Administration.
and the witnesses examined, shall extend and be applicable to the said Court in its Probate Jurisdiction and to the examination of witnesses under the commissions and orders of the said Court, and to the witnesses examined, as if such Court were one of the Courts of Law at Westminster, and the matter before it were an action pending in such Courts. Repealed by Ordinance No. 1 of 1861.]
16. The rules of evidence observed in the Supreme Court in its Common Law Jurisdiction shall be applicable to and observed in the trial of all questions of fact in the said Court in its Probate Jurisdiction.
17. It shall be lawful for the said Court to cause any question of fact arising in any suit or proceeding under this Ordinance to be tried by a special or common jury upon the application of any party or parties to the proceeding made in that behalf.
18. When the Court shall order a question of fact to be tried by a jury, the Court may make all such rules and orders upon the sheriff or any other person 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 Common Law Jurisdiction, and may also make any other orders, which to such Court may seem requisite: And every such jury shall be struck, summoned, ballotted for, and called in like manner as if such jury were a jury for the trial of any cause in the said Supreme Court in its Common Law Jurisdiction; 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 summoned 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 challenge and otherwise as if he were a party to any such cause: And generally for the purposes of or auxiliary to the trial of questions of fact by a jury before the Court itself, and in respect of new trials thereof, and also for the purposes in relation to or consequential upon the direction of issues, the said Court in its Probate Jurisdiction shall have the same jurisdiction, powers, and authority in all respects as belong to the said Supreme Court in its Common Law or Equitable Jurisdiction for the like purposes.
Rules of
463
evidence to be observed as at common law.
Court may cause questions of fact to be tried by a jury.
Powers of the Court for the trial of questions by jury.
Question to be stated and sworn to try
19. When any such question shall be so ordered to be tried by a jury before the Court itself, such question shall be reduced into writing the jury in such form as the Court shall direct, and at the trial the jury shall be impanelled to try the said question, and a true verdict to give thereon.
it.
ORDINANCE No. 8 or 1860.
Probate and Administration.
and the witnesses examined, shall extend and be applicable to the said Court in its Probate Jurisdiction and to the examination of witnesses under the commissions and orders of the said Court, and to the witnesses examined, as if such Court were one of the Courts of Law at Westminster, and the matter before it were an action pending in such Courts. Repealed by Ordinance No. 1 of 1861.]
16. The rules of evidence observed in the Supreme Court in its Common Law Jurisdiction shall be applicable to and observed in the trial of all questions of fact in the said Court in its Probate Jurisdiction.
17. It shall be lawful for the said Court to cause any question of fact arising in any suit or proceeding under this Ordinance to be tried by a special or common jury upon the application of any party or parties to the proceeding made in that behalf.
18. When the Court shall order a question of fact to be tried by a jury, the Court may make all such rules and orders upon the sheriff or any other person 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 Common Law Jurisdiction, and may also make any other orders. which to such Court may seem requisite: And every such jury shall be struck, summoned, ballotted for, and called in like manner as if such jury were a jury for the trial of any cause in the said Supreme Court in its Common Law Jurisdiction; 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 summoned for the trial of any such cause in the said Supreme Court and every party to any such proceeding shall be en- titled to the same rights as to challenge and otherwise as if he were a party to any such cause: And generally for the purposes of or auxiliary to the trial of questions of fact by a jury before the Court itself, and in respect of new trials thereof, and also for the purposes in relation to or consequential upon the direction of issues, the said Court in its Probate Jurisdiction shall have the same jurisdiction, powers, and authority in all respects as belong to the said Supreme Court in its Common Law or Equitable Jurisdiction for the like purposes.
Rules of
463
evidence to be observed as at common law.
Court may cause ques- tions of fact to be tried by a jury.
Powers of the Court for the trial of ques tions by jury.
Question to be stated and
sworn to try
19. When any such question shall be so ordered to be tried by a jury before the Court itself, such question shall be reduced into writing the jury in such form as the Court shall direct, and at the trial the jury shall be impanelled to try the said question, and a true verdict to give thereon.
it.
No comments yet.
Private notes are available after approval.