Section 13Part 0 —
Questions between husband and wife as to property to be decided in summary way
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In any question between husband and wife as to the title to or possession of property, either party, or any such bank, corporation, company, public body or society, as aforesaid in whose books any stocks, funds or shares of either party are standing, may apply by summons or otherwise in a summary way to a Judge of the Grand Court or, at the option of the applicant irrespective of the value of the property in dispute, to the Magistrate; and a Judge of the Grand Court or Magistrate, as the case may be, may make such order with respect to the property in dispute, and as to the costs of and consequent on the application, as he thinks fit, or may direct such application to stand over from time to time, and any inquiry touching the matters in question to be made in such manner as he shall think fit: Provided always that any order of a Judge made under this section shall be subject to appeal in the same way as an order made by the same Judge in a suit pending, or on an equitable proceeding in the said Court, would be; and any order of the Magistrate under this section shall be subject to appeal in the same way as any other order made by the Magistrate would be: Provided also that the Judge or the Magistrate, if either party so require, may hear any such application in Chambers: Provided also that any such bank, corporation, company, public body or society shall, in the matter of any such application, for the purposes of costs or otherwise be treated as a stakeholder only.
Defined Terms
summary waystakeholder
Cross References
- Section of Grand Court Law
Grand Court jurisdiction
Referenced By
- Section 8 — Fraudulent investments with money of husband
application procedure