CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1275
the right to foreclose or redeem any mortgage, whether legal or equitable, may take out as of course an originating summons, returnable in chambers, for such relief of the nature or kind following as may by the summons be specified and as the circumstances of the case may require; that is to say, sale, foreclosure, delivery of possession by the mortgagor, redemption, re-conveyance, or delivery of possession by the mortgagee.
served with summons.
646. The persons to be served with the summons under section 645 shall be such persons as would be the proper defendants to an action for the like relief as that specified by the summons.
Assistance of experts.
647.--(1) A judge in chambers may, in such way as he thinks fit, and, with the consent of all parties, in any action and at any time before judgment, obtain the assistance of any accountant, merchant, engineer, actuary, or other scientific person, the better to enable any matter at once to be determined, and he may act upon the certificate of any such person.
(2) The allowances in respect of fees to such person shall be regulated by the Registrar, subject to an appeal to the judge, whose decision shall be final.
Proceedings relating to infants, etc.
648. On any application for the appointment of a guardian of an infant and for an allowance for the maintenance of an infant, the evidence shall show-
(a) the age of the infant;
(b) the nature and amount of the infant's fortune and income; and
(c) what relations the infant has.
649. At any time during the proceedings in chambers under any judgment or order, the judge may, if he thinks fit, require a guardian ad litem to be appointed for any infant or person of unsound mind, not so found by inquisition, who has been served with notice of such judgment or order.
* As amended by Law Rev. Ord., 1924.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1275
the right to foreclose or redeem any mortgage, whether legal or equitable, may take out as of course an originating summons, returnable in chambers, for such relief of the nature or kind following as may by the summons be specified and as the circumstances of the case may require; that is to say, sale, foreclosure, delivery of possession by the mortgagor, redemp- tion, re-conveyance, or delivery of possession by the mort- gagee.
served with
summons.
646. The persons to be served with the summons under Persons to be section 645 shall be such persons as would be the proper defendants to an action for the like relief as that specified by O. 55, r. 5 n. the summons.
Assistance of experts.
obtain
*
647.--(1) A judge in chambers may, in such way as he Power to thinks fit, and, with the consent of all parties, in any action judge to and at any time before judgment, obtain the assistance of any assistance of accountant, merchant, engineer, actuary, or other scientific accountant, person, the better to enable any matter at once to be deter- 0. 55, r. 19. mined, and he may act upon the certificate of any such 15 & 16 Vict.
person.
(2) The allowances in respect of fees to such person shall be regulated by the Registrar, subject to an appeal to the judge, whose decision shall be final.
Proceedings relating to infants, etc.
etc.
c. 80, s. 43.
648. On any application for the appointment of a guar- Evidence on dian of an infant and for an allowance for the maintenance application of an infant, the evidence shall show-
(a) the age of the infant;
for appoint- ment of
guardian and for mainten-
ance,
(b) the nature and amount of the infant's fortune and O. 55, r. 25. income; and
(c) what relations the infant has.
649. At any time during the proceedings in chambers Appointment under any judgment or order, the judge may, if he thinks fit, of guardian require a guardian ad litem to be appointed for any infant or proceedings person of unsound mind, not so found by inquisition, who in chambers. has been served with notice of such judgment or order.
* As amended by Law Rev. Ord., 1924.
0. 55, r. 27.
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