CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
853
not be allowed his costs in respect of counsel's fees unless the judge certifies that the case is fit for counsel.
625.-(1) The course of proceeding in chambers shall ordinarily be the same as the course of proceeding in court upon motions.
(2) Copies, abstracts or extracts of or from accounts, deeds or other documents and pedigrees and concise statements shall, if directed, be supplied for the use of the court and, where so directed, copies shall be delivered to the other parties.
(3) No copies shall be made of any deed or other document where the original can be brought in, unless the court otherwise directs.
[s. 626, rep. Law Revision Ordinance, 1937.]
Administrations and trusts.
Course of proceeding in chambers. O. 55, r. 37.
627. The executors or administrators of a deceased person or any of them, and the trustees under any deed or instrument or any of them, and any person claiming to be interested in the estate of the deceased person or under the trust of any deed or instrument, or as claiming by assignment or otherwise under any such creditor or other person as aforesaid, 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, the determination, without an administration of the estate or trust, of any of the following questions or matters-
(1) any question affecting the rights or interests of the person claiming to be creditor, devisee, legatee, next of kin, heir-at-law or cestui que trust;
(2) the ascertainment of any class of creditors, devisees, legatees, next of kin or others;
(3) the furnishing of any particular accounts by the executors or administrators or trustees, and the vouching, when necessary, of such accounts;
(4) the payment into court of any money in the hands of the executors or administrators or trustees;
O. 55, r. 3.
:
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
853
not be allowed his costs in respect of counsel's fees unless the judge certifies that the case is fit for counsel.
·
625.-(1) The course of proceeding in chambers shall ordinarily be the same as the course of proceeding in court upon
motions.
(2) Copies, abstracts or extracts of or from accounts, deeds or other documents and pedigrees and concise statements shall, if directed, be supplied for the use of the court and, where so directed, copies shall be delivered to the other parties.
(3) No copies shall be made of any deed or other document where the original can be brought in, unless the court otherwise directs.
[s. 626, rep. Law Revision Ordinance, 1937.]
.
Administrations and trusts.
Course of proceeding în chambers. 0. 55, r. 37.
person or
627. The executors or administrators of a deceased person Determina- or any of them, and the trustees under any deed or instrument tion on
originating or any of them, and any person claiming to be interested in the summons of relief sought as creditor, devisee, legatee, next of kin or heir- questions
relating to at-law of a deceased person, or as cestui que trust under the trust estate of of any deed or instrument, or as claiming by assignment or deceased otherwise under any such creditor or other person as aforesaid, to express may take out, as of course, an originating summons returnable trust. in chambers for such relief of the nature or kind following as may by the summons be specified and as the circumstances of [cf. §. 636.] the case may require; that is to say, the determination, without an administration of the estate or trust, of any of the following questions or matters-
(1) any question affecting the rights or interests of the person claiming to be creditor, devisee, legatee, next of kin, heir-at-law or cestui que trust;
(2) the ascertainment of any class of creditors, devisees, legatees, next of kin or others;
(3) the furnishing of any particular accounts by the execu- tors or administrators or trustees, and the vouching, when necessary, of such accounts;
(4) the payment into court of any money in the hands of the executors or administrators or trustees;
0. 55, r. 3.
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