1168
No. 3 of 1901.
Giving of special directions as to mode of taking account. -O. 33, r. 3.
Mode of making up account. O. 33, r. 4.
Mode of vouching account.
CODE OF CIVIL PROCEDURE.
221. The court may, either by the judgment or order directing an account to be taken or by any subsequent order, give special directions with regard to the mode in which the account is to be taken or vouched, and in particular may direct that, in taking the account, the books of account in which the accounts in question have been kept shall be taken as primâ facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objections thereto as they may be advised.
222.--(1) Where any account is directed to be taken, the accounting party, unless the court otherwise directs, shall make out his account and verify the same by affidavit.
(2) The items on each side of the account shall be numbered consecutively, and the account shall be referred to by the affidavit as an exhibit and be left in the judge's chambers or with the Registrar or any referee, as the case may be.
223. Upon the taking of any account, the court may direct that the vouchers shall be produced at the office of the solicitor of the accounting party or at any other convenient place, and that only such items as shall be contested or surcharged shall be brought before the judge in chambers or the Registrar or referee, as the case may be. O. 33, r. 4A.
Surcharge. O. 33, r. 5.
Inquiry as to outstand-ing personal estate.
224. Any party seeking to charge any accounting party beyond what he has by his account admitted to have received shall give notice thereof to the accounting party, stating, so far as he is able, the amount sought to be charged and the particulars thereof in a short and succinct manner.
225. Every judgment or order for a general account of the personal estate of a testator or intestate shall contain a direction for an inquiry what parts, if any, of such personal estate are outstanding or undisposed of, unless the court otherwise directs. O. 33, r. 6.
Numbering of accounts and inquiries,
226. Where by any judgment or order, whether made in court or in chambers, any accounts are directed to be taken or inquiries to be made, each such direction shall be numbered so that, as far as may be, each distinct account and inquiry may be designated by a number. O. 33, r. 7.
Page 55
Page 56
1168
No. 3 of 1901.
Giving of
special directions as to mode of
taking account. -0. 33, r. 3.
Mode of making up account.
O. 33, r. 4.
Mode of vouching
account.
CODE OF CIVIL PROCEDURE.
221. The court may, either by the judgment or order directing an account to be taken or by any subsequent order, give special directions with regard to the mode in which the account is to be taken or vouched, and in particular may direct that, in taking the account, the books of account in which the accounts in question have been kept shall be taken as primâ facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objections thereto as they may be advised.
222.--(1) Where any account is directed to be taken, the accounting party, unless the court otherwise directs, shall make out his account and verify the same by affidavit.
(2) The items on each side of the account shall be num- bered consecutively, and the account shall be referred to by the affidavit as an exhibit and be left in the judge's chambers or with the Registrar or any referee, as the case may be.
223. Upon the taking of any account, the court may direct. that the vouchers shall be produced at the office of the O. 33, r. 4 A. solicitor of the accounting party or at any other convenient place, and that only such items as shall be contested or surcharged shall be brought before the judge in chambers or the Registrar or referee, as the case may be.
Surcharge. 0. 33, r. 5.
Inquiry as
ing personal estate.
224. Any party seeking to charge any accounting party beyond what he has by his account admitted to have received shall give notice thereof to the accounting party, stating, so far as he is able, the amount sought to be charged and the particulars thereof in a short and succinct manner.
225. Every judgment or order for a general account of to outstand the personal estate of a testator or intestate shall contain a direction for an inquiry what parts, if any, of such personal estate are outstanding or undisposed of, unless the court otherwise directs.
O. 33, r. 6.
Numbering
of accounts
226. Where by any judgment or order, whether made in and inquiries, court or in chambers, any accounts are directed to be taken or inquiries to be made, each such direction shall be num- bered so that, as far as may be, each distinct account and inquiry may be designated by a number.
O. 33, r. 7.
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