CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
719
such person shall sign a written authority to the solicitor for next friend for that purpose, and the authority shall be filed in the Registry.
or relator. O. 16, r. 20.
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.
Administrations and trusts.
tion of heir-at-law, next of kin, or class.
O. 16,
74.—(1) In any case in which the right of an heir-at-law, or the next of kin, or a class depends upon the construction which the court may put upon an instrument, and it is not known or is difficult to ascertain who is or are such heir-at-law, next of kin, or class, and the court considers that, in order to save expense or for some other reason, it will be convenient to have the questions of construction determined before such heir-at-law, next of kin, or class has or have been ascertained by means of inquiry or otherwise, the court may appoint one or more persons to represent such heir-at-law, or to represent all or any of such next of kin or class, and the judgment of the court shall be binding on the person or persons so represented.
(2) In any other case in which an heir-at-law, or any next of kin, or a class is or are represented in any proceedings, the court may, if, having regard to the nature and extent of the interest of such persons or of any of them, it appears expedient on account of the difficulty of ascertaining such persons or in order to save expense, appoint one or more persons to represent such heir-at-law, or to represent all or any of such next of kin or class, and the judgment of the court shall be binding on the person or persons so represented.
O. 16, r. 32 (a).
O. 16, r. 32 (b).
75. Any residuary legatee or next of kin entitled to a judgment or order for the administration of the personal estate of a deceased person may have the same without serving the remaining residuary legatees or next of kin.
Administra-tion at suit of residuary legatee, etc. O. 16, r. 33.
Page 25
Page 26
720
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
719
such person shall sign a written authority to the solicitor for next friend that purpose, and the authority shall be filed in the Registry.
or relator. O. 16, r. 20.
73. In any cause or matter to which any infant or person Consent of of unsound mind, whether so found by inquisition or not, or person under
disability to person under any other disability, is a party, any consent as procedure. to the mode of taking evidence or as to any other procedure O. 16, r. 21. 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.
Administrations and trusts.
tion of heir- at-law, next of kin, or
class.
0. 16,
74.—(1) In any case in which the right of an heir-at-law, Representa or the next of kin, or a class depends upon the construction which the court may put upon an instrument, and it is not known or is difficult to ascertain who is or are such heir-at-law, next of kin, or class, and the court considers that, in order to r. 32 (a). save expense or for some other reason, it will be convenient to have the questions of constructioh determined before such heir-at- law, next of kin, or class has or have been ascertained by means of inquiry or otherwise, the court may appoint one or more persons to represent such heir-at-law, or to represent all or any of such next of kin or class, and the judgment of the court shall be binding on the person or persons so represented.
"
(2) In any other case in which an heir-at-law, or any next 0.16, of kin, or a class is or are represented in any proceedings, the r. 32 (b). court may, if, having regard to the nature and extent of the interest of such persons or of any of them, it appears expedient on account of the difficulty of ascertaining such persons or in order to save expense, appoint one or more persons to represent such heir-at-law, or to represent all or any of such next of kin or class, and the judgment of the court shall be binding on the person or persons so represented.
75. Any residuary legatee or next of kin entitled to a judgment or order for the administration of the personal estate of a deceased person may have the same without serving the remaining residuary legatees or next of kin.
Administra-
tion at suit of residuary. legatee, etc. 0. 16, r. 33.
Page 25Page 26
720
No. 3 of 1901.
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