762
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Detention, preservation or inspection of property the subject of cause or matter. O.50, r. 3. [cf. ss. 269, 270.]
Inspection by judge. O. 50, r. 4.
Inspection by jury. O.50, r. 5.
Application for order of mandamus, etc. O. 50, r. 6.
Ordinance No. 2 of 1901. O. 50, r. 7.
Order for recovery of specific property,
267. It shall be lawful for the court, on the application of any party to a cause or matter and on such terms as may be just, to make any order for the detention, preservation or inspection of any property or thing, being the subject of such cause or matter or as to which any question may arise therein, and for all or any of the purposes aforesaid to authorize any person to enter upon or into any land or building in the possession of any party to such cause or matter, and for all or any of the purposes aforesaid to authorize any samples to be taken, or any observation to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.
268. It shall be lawful for any judge by whom any cause or matter may be tried or heard with or without a jury, or before whom any cause or matter may be brought by way of appeal, to inspect any property or thing concerning which any question may arise therein.
269. The provisions of section 267 shall apply to inspection by a jury and in such case the court may make all such orders upon the Registrar or other person as may be necessary to procure the attendance of a special or common jury at such time and place and in such manner as it may think fit.
270.-(1) An application for an order under section 11 of the Law Amendment Ordinance, 1901, or under section 266 or section 267 of this Code, may be made to the court by any party. If the application is by the plaintiff for an order under the said section 11, it may be made either ex parte or with notice, and if for an order under the said section 266 or 267, it may be made after notice to the defendant at any time after the issue of the writ of summons, and if it is by any other party, then on notice to the plaintiff and at any time after appearance by the party making the application.
(2) An application for an order under section 265 may be made by the plaintiff at any time after his right thereto appears from the pleadings or, if there are no pleadings, is made to appear by affidavit or otherwise, to the satisfaction of the court.
271. Where an action is brought to recover, or a defendant seeks by way of counterclaim to recover, specific property other than immovable property, and the party from whom such recovery
762
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Detention, preservation
or inspection of property the subject of cause or matter. 0.50, r. 3. [cf. ss. 269, 270.]
Inspection by judge. 0. 50, r. 4.
Inspection by jury. 0.50, r. 5.
Application for order of mandamus, etc.
O. 50, r. 6.
Ordinance No. 2 of 1901.
O. 50, r. 7.
Order for recovery of specific property,
•
267. It shall be lawful for the court, on the application of any party to a cause or matter and on such terms as may be just, to make any order for the detention, preservation or inspec- tion of any property or thing, being the subject of such cause or matter or as to which any question may arise therein, and for all or any of the purposes, aforesaid to authorize any person to enter upon or into any land or building in the possession of any party to such cause or matter, and for all or any of the purposes aforesaid to authorize any samples to be taken, or any observation to. be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.
268. It shall be lawful for any judge by whom any cause or matter may be tried or heard with or without a jury, or before whom any cause or matter may be brought by way of appeal, to inspect any property or thing concerning which any question may arise therein.
269. The provisions of section 267 shall apply to inspection by a jury and in such case the court may make all such orders upon the Registrar or other person as may be necessary to procure the attendance of a special or common jury at such time and place and in such manner as it may think fit.
270.-(1) An application for an order under section 11 of the Law Amendment Ordinance, 1901, or under section 266 or section 267 of this Code, may be made to the court by any party. If the application is by the plaintiff for an order under the said section 11, it may be made either ex parte or with notice, and if for an order under the said section 266 or 267, it may be made after notice to the defendant at any time after the issue of the writ of summons, and if it is by any other party, then on notice to the plaintiff and at any time after appearance by the party making the application.
(2) An application for an order under section 265 may be made by the plaintiff at any time after his right thereto appears from the pleadings or, if there are no pleadings, is made to appear by affidavit or otherwise, to the satisfaction of the court.
271. Where an action is brought to recover, or a defendant seeks by way of counterclaim to recover, specific property other than immovable property, and the party from whom such recovery
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