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CODE OF CIVIL PROCEDURE.
[No. 3.
783
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the costs as may be occasioned to any of the parties by his being represented by a different solicitor from the solicitor so nominated. 651. Whenever in any proceeding in Chambers the same solicitor is employed for two or more parties, the Court may, in its discretion, require that any of the said parties shall be represented before it by a separate solicitor, and adjourn such proceedings until such party is so represented. O. 55 r. 41.
652. Any of the parties other than those who have been directed to attend may attend at their own expense, and on paying the costs, if any, occasioned by such attendance, or, if they think fit, they may apply by summons for liberty to attend at the expense of the estate or to have the conduct of the action, either in addition to or in substitution for any of the parties who have been directed to attend.
653. An order shall be drawn up, on a summons to be taken out by the plaintiff or the party having the conduct of the action, stating the parties who have been directed to attend and such of them, if any, as have elected to attend at their own expense, and such order shall be recited in the Registrar's certificate.
Advertisements for Claimants and Creditors.
Ib. r. 42.
Drawing up of order stating parties who have to attend.
Ib. r. 43.
not coming in to prove claimants fixed.
654. Where a judgment or order is given or made, whether in Court or in Chambers, directing an account of debts, claims, or liabilities, or an inquiry for heirs, next of kin, or other unascertained persons, unless otherwise ordered, all persons who do not come in and prove their claims within the time which may be fixed for that purpose by advertisement shall be excluded from the benefit of the judgment or order. Ib. r. 44.
655. Where an advertisement is required for the purpose of any proceeding in Chambers, a peremptory advertisement, and only one, shall be issued, unless for any special reason it may be thought necessary to issue a second advertisement or further advertisements, and any advertisement may be repeated as many times and in such papers as may be directed. Ib. r. 45.
ment for
656. The advertisement for claimants shall be prepared by the party prosecuting the judgment or order and submitted to the Registrar for approval, and, when approved, shall be signed by him, and such advertisement shall be published in The Gazette. 16. r. 46.
Schedule: Form No. 46.
657. The advertisement for creditors shall be prepared and signed by the solicitor of the party prosecuting the judgment or order, and such advertisement shall be published in The Gazette.
52
ment for creditors. Ib. r. 46A. Schedule: Form No. 47.
D1901]
CODE OF CIVIL PROCEDURE.
[No. 3.
783
separate
ther costs as may be occasioned to any of the parties by his being resented by a different solicitor from the solicitor so nominated. 651. Whenever in any proceeding in Chambers the same solicitor is Requiring ployed for two or more parties, the Court may, in its discretion, require solicitor to that any of the said parties shall be represented before it by a separate represent
parties. haitor, and adjourn such proceedings until such party is so represented. O. 55 r. 41.
652. Any of the parties other than those who have been directed to Attendance end may attend at their own expense, and on paying the costs, if any,
of parties casioned by such attendance, or, if they think fit, they may apply by summons for liberty to attend at the expense of the estate or to have The conduct of the action, either in addition to or in substitution for any of the parties who have been directed to attend.
653. An order shall be drawn up, on a summons to be taken out by the plaintiff or the party having the conduct of the action, stating the parties who have been directed to attend and such of them, if have elected to attend at their own expense, and such order shall be recited in the Registrar's certificate.
Advertisements for Claimants and Creditors.
any, as
not directed to attend.
Ib. r. 42.
Drawing up of order stat-
ing parties who have to attend. been directed
Ib. r. 43.
not coming in to prove fixed.
claimants
654. Where a judgment or order is given or made, whether in Court Exclusion of or in Chambers, directing an account of debts, claims, or liabilities, or an inquiry for heirs, next of kin, or other unascertained persons, unless otherwise ordered, all persons who do not come in and prove their claims within the time which may be fixed for that purpose by advertisement b. r. 44.
hall be excluded from the benefit of the judgment or order.
within time
advertise-
655. Where an advertisement is required for the purpose of any Number of proceeding in Chambers, a peremptory advertisement, and only one, shall ments. be issued, unless for any special reason it may be thought necessary to Ib. r. 45. issue a second advertisement or further advertisements, and any adver- sement may be repeated as many times and in such papers as may be directed.
ment for
656. The advertisement for claimants shall be prepared by the party Advertise- prosecuting the judgment or order and submitted to the Registrar for claimants. approval, and, when approved, shall be signed by him, and such adver- 16. r. 46. usement shall be published in The Gazette. ·
Schedule: Form No. 46.
657. The advertisement for creditors shall be prepared and signed by Advertise- the solicitor of the party prosecuting the judgment or order, and such advertisement shall be published in The Gazette.
52
ment for creditors. Ib. r. 46A. Schedule: Form No. 47.
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