|
|
When a married woman, infant, or lunatic is a party, application to be made to the Court for leave to set the case down.
Powers of Court on such application.
|
123. When any married woman, infant, or lunatic is party to a special case, application may be made to the Court for leave to set down the same, of which application notice shall be given to every party to such case in whom, as executor, administrator or trustee, any property in question therein is or is alleged to be vested in trust for or for the benefit of such married woman, infant, or lunatic, and also, if such application be not made by or on behalf of such married woman, infant, or lunatic, to such married woman and her husband, or to such infant, or to such lunatic and his committee, if any, as the case may be; and upon the hearing of such application the Court may give leave to set down such case, if it shall be of opinion that it is proper that the question raised therein shall be determined thereon, and shall be satisfied by affidavit or other sufficient evidence that the statements contained therein, so far as the same affect the interest of such married woman, infant, or lunatic, are true, but otherwise may refuse such application: Provided always, that in case the Court, upon the hearing of such application, shall be of opinion that it is proper that the question raised in such case shall be determined thereon, but shall not be satisfied that the statements contained therein, so far as they affect the interest of such married woman, infant, or lunatic, are true, it shall be lawful for the Court to direct such inquiries as to the Court shall seem proper, and upon further application being made to give or refuse leave to set down such case, as to the Court shall seem fit.
|
