! Jurisdiction in appear before the Assistant Court of Ap peal to answer such plaint apply to the Chief Justice at chambers for a summons to the plaintiff to show cause why an action instead of such plaint should not be brought in the Court of Common Pleas on the ground that title to lands or hereditaments of greater value than fifty pounds would be affected by any decision in the case, and on the hearing of the summons the said Chief Justice if satisfied that the title to other lands of greater value than fifty pounds would be so affected. may order an action, if the plaintiff still desires to proceed, to be tried in the Common Pleas, and thereupon, and upon service of the order on the Clerk of the Assistant Court of Appeal, all proceedings in the Assistant Court of Appeal in the said plaint shall be discontinued; provided that the Assistant Court of Appeal shall not enter into the bearing of the complaint until after the expiration of ten days after the service. of the said summons. Nor shall the said Assistant Court of Appeal in any case proceed to hear and determine any such plaint even when a defendant shall not have applied as aforesaid to the Chief Justice for a summons to show cause if at the hearing of the plaint the defendant apply to postpone the hearing to enable him to apply as aforesaid to the Chief Justice for a summons and the Court shall be satisfied that the application is bona fide, and in such case the Court may grant the defendant a period of ten days to enable him to make his application to the Chief Justice. Equitable jurisdiction. 14. The Assistant Court of Appeal shall have and exercise all the power and authority of the Court of Chancery for this Island in the suits and matters hereinafter mentioned; that is to say, Foreclosure, specific performance or partnership suits (1) In all suits by creditors, legatees, administration Partition suits. tions. (3.) In all proceedings for orders in Proceedings for 15. In all matters in which the Assistant Powers and au Court of Appeal has jurisdiction under the thority of a single last preceding section of this Act, each judge Judge. Jurisdiction to of the said court shall have all the powers and authorities now possessed by the Vice Chancellor or any officer of the Court of Chancery for this Island; and all accounts and inquiries which it may be in any case necessary for the said court to take and make in respect of any such matter as aforesaid shall be taken and made before a single judge of the said court; provided always that such judge shall in discharging the duties imposed by this section conform to any rules or orders in respect of such duties which may be framed under the provisions hereinafter contained. Probate jurisdiction. 16. Whenever it shall become necessary grant administra- to have administration set up to the estate tion if personal of any deceased person with the will annexestate under £50. ed, or otherwise, whose personal estate in his Island shall be under the value of fifty pounds, it shall be lawful for the Assistant Court of Appeal to have and exercise the powers now exercised by the Court of Ordinary of this Island and to grant letters of administration to such estate, with the will annexed, or otherwise, to any person applying for such letters, and on granting such application the court shall be governed by the law and practice now acted upon by the said Court of Ordinary on similar applications to that court. Mode of obtain 17. Any person applying for such letters ing administration of administration shall lodge a petition with the clerk of the said Assistant Court of Appeal or any like officer now or hereafter to be appointed in the said Court of Appeal briefly setting out the death of the intestate and such other facts and circumstances as will enable the Court to take cognizance of the matter, and the said Court shall summon the petitioner to appear on a day named and shall grant letters of administration if the said Court shall in its discretion find it advisable so to do; provided however that notice of the application for such grant of administration shall be published in the Official Gazette of this Island at least ten days before the hearing of the application for such grant of administration, and at the hearing any person interested shall be at liberty to appear before the said Court and oppose the granting of such letters. 18. The said Assistant Court of Appeal shall and may upon its granting such administration take sufficient bond, with two or more sureties, respect being had to the value of the estate, in the name of Her Majessty and her successors with condition in form and in manner following mutatis mutandis; namely. "The condition of this obligation is such; "that if the above bounden A.B. adminis"trator of all and singular the goods, chat"tels and credits of C.D. deceased, do "make or cause to be made, a true and "perfect inventory of all and singular the "goods chattels and credits of the said de"ceased which have or shall come to the "hands or possession or knowledge of him "the said A.B. or to the hands and possess"ion of any other person or persons for "him; and the same so made do exhibit or "cause to be exhibited in the Secretary's "Office of this Island within thirty days "next ensuing; and the same goods, chattels "and credits and all other the goods, 'chattels and credits of the said deceased at Administration bond. Status of person tration. "the time of his death which at any time after "shall come to the hands or possession of "the said A.B. or into the hands and poss"ession of any other person or persons for "him do well and truly administer accord"ing to law; and further do make or cause "to be made a true and just account of his "said administration within ten calendar "months now next ensuing; and all the rest "and residue of the said goods, chattels "and credits which shall be found remain'ing upon the said Administrator's accounts "shall deliver and pay unto such person or 'persons respectively as by the law and 66 custom of this Island shall be entitled to "the same, then this obligation to be void "and of none effect, or else to remain in full force and effect. 19. Any person obtaining letters of adobtaining adminis- ministration purporting to be signed by either of the judges for the time being of the said Assistant Court of Appeal shall be entitled to sue or may be sued in any court of law or equity in this Island as an administrator of the estate of the deceased person named in such letters and shall in all other respects have and exercise all rights powers and authorities ordinarily appertaining to the office of an administrator and be subject to the like duties, liabilities and obligations. 20. The names of all persons to whom grants of adminis- grant of administration shall be made by the said Assistant Court of Appeal shall be duly notified in full, with their occupation. and place of abode in the Official Gazette of this Island within seven days after such grant has been made, and the bonds entered into by the said parties and their sureties shall also be deposited within the same Advertisement of tration. |