File 951/1912 Pt 2 'Bahrein Order in Council' [‎194v] (393/534)

* 1
ir
Executors and
other trustees.
Administration.
Vendor or pur
chaser.
Mortgagor or
mortgagee.
Partnership.
Deed, will, &c.
Construction of
deed.
Form and time.
Evidence at
hearing.
Originating Summon#.
43 The executors or administrators of a deceased person or any of them, and the
trustees under any deed or instrument or any of them, and any person claiming ? be
interested in the relief sought as-creditor, devisee, legatee, heir, or legal representative,
or as cestui qui trust under the trust of any deed or settlement, or as claiming by
assignment or otherwise, under any such creditor or other person as aforesaid, may
take out an originating summons for such relief of the nature or ind ollowing, as
may be specified upon the summons and without any determination of the estate of
trust:—
(a.) Any question affecting the rights or interest of the person claiming to be
creditor, devisee, legatee, legal representative, or cestui gui trust.
(b.) The ascertainment of any class of creditors, devisees, legatees, legal xepre-
sentatives, or others.
(c ) The furnishing of any particular accounts by the executors, administrators,
or trustees, and the vouching of such accounts. '
(d) The payment into Court of any moneys in the hands of executors, admini
strators, or trustees.
(e.) Directing the executors, administrators, or trustees to do or abstain trom
doing any act in their official character.
(/.) The approval of any sale, compromise, or other transaction.
(tj.) The determination of any question arising in the administration of the estate
or trust.
jaytesu
51
#r
sttereoi
55,1ft
44. Any of the persons named in the last preceding may in like manner apply for
an order for the administration of the estate of the deceased or for the administration
of the trust.
itad or si
lien oi
Eve
45. A vendor or purchaser of immovable property may at any tinrn take out an
originating summons for the determination of any question which may arise out of the
contract.
Isitaninji
46, Any mortgagee or mortgagor or any person entitled to or possessing property
subject to a legal or equitable charge, or any person having the right to foreclose or
redeem or mortgage may take out an originating summons for such relief as ma\ be
by the summons specified and as the circumstances require.
47. When the existence of the partnership or the right to or the fact of the
Up
unles!
i tv way
alive
dissolution is not in dispute, any partner may take out an originating summons against
his partners or former partners for the purpose of dissolving and winding np such
partnership.
48. Any person claiming to be interested under a deed, will, or other written
instrument, may apply by originating summons for the determination of any question
of construction arising and for the declaration of the rights of the person interested.
59, All
49. The Court shall not he hound to determine any question of construction which
in its opinion ought not to be determined on originating summons.
50. An originating summons shall be in the Dorm 4, and shall specify the
relief sought. It shall be made returnable in eight days, but the Court may tix at its
discretion such longer period as may seem proper.
(1.) Th
frii!
wni
Order and costs.
51. On the hearing of the summons the Court may order it to be supported by I
such evidence as it may think necessary, and give directions for the trial of any i
questions arising.
52. The Court may, if it think fit, refuse to pass any order on the summons.
and
may dismiss the same and refer the parties to a suit in the ordinary course, an ja
such ease may make such order as to the costs already incurred as may seem to i
he just.
61AA
"S later
first hes
C(