1152
Appearance by infant.
O. 16 r. 18. form 10.
Guardian ad litem of infant. ib. r. 19.
Filing of authority by next friend or relator. ib. r. 20.
Consent of person under disability to procedure. ib. r. 21.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
(2) No such order shall be made except on notice, after expiration of the time for appearance and 4 days at least before the day named in the notice for the hearing of the application; and such notice shall be left at the dwelling house of the person with whom or under whose care the defendant was at the time of service of the writ of summons, and shall also, in the case of an infant not residing with or under the care of his father or guardian, be served on or left at the dwelling house of his father or guardian, unless the Court thinks fit to dispense with such last-mentioned service.
70.—(1) An infant shall not enter an appearance except by his guardian ad litem.
(2) No order for the appointment of such guardian shall be necessary, but the solicitor applying to enter such appearance shall make and file an affidavit for that purpose.
71.—(1) Every infant served with a petition or notice of motion, or summons in a matter, shall appear on the hearing thereof by a guardian ad litem in all cases in which the appointment of a special guardian is not provided for.
(2) No order for the appointment of such guardian shall be necessary, but the solicitor by whom he appears shall previously make and file an affidavit as mentioned in the last section.
72. Before the name of any person shall be used in any action as next friend of any infant or other party or as relator, such person shall sign a written authority to the solicitor for that purpose, and the authority shall be filed in the Registry.
73. In any cause or matter to which any infant or person of unsound mind, whether so found by inquisition or not, or person under any other disability, is a party, any consent as to the mode of taking evidence or as to any other procedure shall, if given, with the consent of the Court, by the next friend, guardian, committee, or other person acting on behalf of the person under disability, have the same force and effect as if such party were under no disability and had given such consent : Provided that no such consent by any committee of a lunatic shall be valid as between him and the lunatic unless given with the special sanction of the Chief Justice.
* As amended by No. 50 of 1911.
1152
Appearance by infant.
0. 16 r. 18. form 10.
Guardian ad
litem of infant. ib. r. 19.
*
Filing of authority by
next friend or relator.
ib. r. 20.
Consent of person under disability to procedure. ib. r. 21.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
(2) No such order shall be made except on notice, after expiration of the time for appearance and 4 days at least before the day named in the notice for the hearing of the application; and such notice shall be left at the dwelling house of the person with whom or under whose care the defendant was at the time of service of the writ of summons, and shall also, in the case of an infant not residing with or under the care of his father or guardian, be served on or left at the dwelling house of his father or guardian, unless the Court thinks fit to dispense with such last-mentioned service.
70.—(1) An infant shall not enter an appearance except by his guardian ad litem.
(2) No order for the appointment of such guardian shall be neces- sary, but the solicitor applying to enter such appearance shall make and file an affidavit for that purpose.
71.—(1) Every infant served with a petition or notice of motion, or summons in a matter, shall appear on the hearing thereof by a guardian ad litem in all cases in which the appointment of a special guardian is not provided for.
(2) No order for the appointment of such guardian shall be neces- sary, but the solicitor by whom he appears shall previously make and file an affidavit as mentioned in the last section.
72. Before the name of any person shall be used in any action as next friend of any infant or other party or as relator, such person shall sign a written authority to the solicitor for that purpose, and the authority shall be filed in the Registry.
73.
In any cause or matter to which any infant or person of unsound mind, whether so found by inquisition or not, or person under any other disability, is a party, any consent as to the mode of taking evidence or as to any other procedure shall, if given, with the consent of the Court, by the next friend, guardian, committee, or other person acting on behalf of the person under disability, have the same force and effect as if such party were under no disability and had given such consent : Provided that no such consent by any committee of a lunatic shall be valid as between him and the lunatic unless given with the special sanction of the Chief Justice.
* As amended by No. 50 of 1911.
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