756
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Power for persons interested in question as to construction of enactment, etc., to concur in stating special case for opinion of the court, and procedure thereon.
13 & 14 Vict. c. 35, ss. 1, 14, 15.
Application of Chapter VIII.
236. (1) It shall be lawful for persons interested or claiming to be interested in any question cognizable in the court as to the construction of any Act of Parliament, Ordinance, will, deed or other instrument in writing, or anything therein contained, or as to the title or evidence of title to any movable or immovable property contracted to be sold or otherwise dealt with, or as to the parties to or the form of any deed or instrument for carrying any such contract into effect, or as to any other matter falling within the equitable jurisdiction of the court or made subject to the jurisdiction or authority of the court by any enactment not being an Ordinance relating to bankruptcy, and including among such persons all lunatics, married women and infants, to concur in stating such question in the form of a special case for the opinion of the court, and it shall also be lawful for all trustees, executors and administrators to concur in such case.
(2) It shall be lawful for the court on the hearing of any such special case to determine the questions raised therein or any of them, and by a judgment to declare its opinion thereon and, so far as the case admits of the same, upon the right involved therein, without proceeding to administer any relief consequent upon such declaration.
(3) Every such declaration of the court contained in any such judgment shall have the same force and effect as such declaration would have had, and shall be binding to the same extent as such declaration would have been, if contained in a judgment given in an action between the same parties: Provided that if on the hearing of any such special case the court is of opinion that the questions raised thereby or any of them cannot properly be decided upon such case, the court may refuse to decide the same.
(4) Every trustee, executor, administrator or other person making any payment or doing any act in conformity with the declaration contained in any judgment given upon any such special case shall in all respects be as fully and effectually protected and indemnified by such declaration as if such payment had been made or act done under or in pursuance of the express order of the court made in an action between the same parties, save only as to any rights or claims of any person in respect of matters not determined by such declaration.
237. This Chapter shall apply to every special case stated in a cause or matter, or in any proceeding incidental thereto,
756
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Power for
persons interested
in question as to con-
struction of enactment, etc., to concur in stating. special case for opinion of the court,
and procedure thereon.
13 & 14 Vict. c. 35, ss. 1, 14, 15.
Application of Chapter VIII.
236. (1) It shall be lawful for persons interested or claim- ing to be interested in any question cognizable in the court as' to the construction of any Act of Parliament, Ordinance, will, deed or other instrument in writing, or anything therein con- tained, or as to the title or evidence of title to any movable or immovable property contracted to be sold or otherwise dealt with, or as to the parties, to or the form of any deed or instru- ment for carrying any such contract into effect, or as to any other matter falling within the equitable jurisdiction of the court or made subject to the jurisdiction or authority of the court by any enactment not being an Ordinance relating to bankruptcy, and including among such persons all lunatics, married women and infants, to concur in stating such question in the form of a special case for the opinion of the court, and it shall also be lawful for all trustees, executors and administrators to concur in such case.
(2) It shall be lawful for the court on the hearing of any such special case to determine the questions raised therein or any of them, and by a judgment to declare its opinion thereon and, so far as the case admits of the same, upon the right involved therein, without proceeding to administer any relief consequent upon such declaration.
(3) Every such declaration of the court contained in any such judgment shall have the same force and effect as such declaration would have had, and shall be binding to the same extent as such declaration would have been, if contained in a judgment given in an action between the same parties: Provided that if on the hearing of any such special case the court is of opinion that the questions raised thereby or any of them cannot properly be decided upon such case, the court may refuse to decide the same.
(4) Every trustee, executor, administrator or other person making any payment or doing any act in conformity with the declaration contained in any judgment given upon any such special case shall in all respects be as fully and effectually pro- tected and indemnified by such declaration as if such payment had been made or act done under or in pursuance of the express order of the court made in an action between the same parties, save only as to any rights or claims of any person in respect of matters not determined by such declaration.
237. This Chapter shall apply to every special case stated in a cause or matter, or in any proceeding incidental thereto,
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