Probate and Administration.
and subject to the same duties and liabilities, as if he had been duly summoned for the trial of any such cause in the Supreme Court; and every party to any such proceeding shall be entitled to the same rights as to challenge and otherwise as if he were a party to any such cause.
(3) Generally, for all purposes of or auxiliary to the trial of questions of fact by a jury before the court, and in respect of new trials thereof, and also for all purposes in relation to or consequential upon the direction of issues, the court shall have the same jurisdiction, powers, and authority in all respects as belong to the Supreme Court for the like purposes.
[53]
53. (1) When the court orders a question of fact to be tried by a jury, the question shall be reduced into writing in such form as the court may direct, and at the trial the jury shall be empanelled to try the question and a true verdict to give thereon according to the evidence.
(2) On every such trial, the court shall have the same jurisdiction, powers, and authority in all respects as belong to a judge of the Supreme Court sitting in its original jurisdiction.
[54]
[CAP. 10]
Form of fact to be tried, etc.
20 & 21 Vict. c. 77, s. 37.
PART IV.
RULES FOR ADMINISTRATION OF PROPERTY.
and simple debts to stand in equal degree.
32 & 33 Vict. c. 46, s. 1.
54. In the administration of the estate of every deceased person, no debt or liability of such person shall be entitled to any priority or preference by reason merely that the same is secured by or arises under a bond, deed, or other instrument under seal, or is otherwise made or constituted a specialty debt; but all the creditors of such person, as well specialty as simple contract, shall be treated as standing in equal degree, and be paid accordingly out of the assets of such deceased person, whether such assets are legal or equitable. Provided that this Ordinance shall not prejudice or affect any lien, charge, or other security which any creditor may hold or be entitled to for the payment of his debt.
[57]
55. (1) Any executor or administrator may apply by summary petition to the court for an order limiting the time for creditors and others to send in their claims against the estate.
Power to make an order limiting time for creditors.
Page 313
Probate and Administration.
and subject to the same duties and liabilities, as if he had been duly summoned for the trial of any such cause in the Supreme Court; and every party to any such proceeding shall be entitled to the same rights as to challenge and other- wise as if he were a party to any such cause.
(3) Generally, for all purposes of or auxiliary to the trial of questions of fact by a jury before the court, and in respect of new trials thereof, and also for all purposes in relation to or consequential upon the direction of issues, the court shall have the same jurisdiction, powers, and authority in all respects as belong to the Supreme Court for the like. [53
purposes.
53. (1) When the court orders a question of fact to be tried by a jury, the question shall be reduced into writing in such form as the court may direct, and at the trial the jury shall be empanelled to try the question and a true verdict to give thereon according to the evidence.
(2) On every such trial, the court shall have the same jurisdiction, powers, and authority in all respects as belong to a judge of the Supreme Court sitting in its original juris- diction.
[54
[CAP. 10
Form of fact to be 20 & 21 Vict.
question of
tried, etc.
c. 77, s. 37.
PART IV.
RULES FOR ADMINISTRATION OF PROPERTY.
and simple
debts to
stand in 32 & 33 Vict.
equal degree.
c. 46, s. 1.
54. In the administration of the estate of every deceased Specialty person, no debt or liability of such person shall be entitled contract to any priority or preference by reason merely that the same is secured by or arises under a bond, deed, or other instru- ment under seal, or is otherwise made or constituted a specialty debt; but all the creditors of such person, as well specialty as simple contract, shall be treated as standing in equal degree, and be paid accordingly out of the assets of such deceased person, whether such assets are legal or equitable Provided that this Ordinance shall not prejudice or affect any lien, charge, or other security which any credi- tor may hold or be entitled to for the payment of his debt. [57
55. (1) Any executor or administrator may apply by summary petition to the court for an order limiting the time for creditors and others to send in their claims against the
Power to make an
the court to
order limit-
ing time for
313
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