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…By the bringing of the application to substitute the plaintiff it was made clear both to the Court and the defendant that the estate of the deceased plaintiff was desirous of continuing the prosecution of the cause of action…

….124 K.E.A. which says: "Not withstanding the provisions of Section 19 of theOaths and Statutory Declarations Act, where the evidenceof a child of tender years is admitted in accordance withthat section on behalf of the prosecution…

…That would perfectly be a valid defence to a criminal charge, for the prosecution would be duty-bound to prove beyond any reasonable doubt that it was D.W.1 who was in charge of the Ferry at the time of the accident.…

…“for want of prosecution”.…

…It is possible that, since an assault was express mention of criminal responsibility in the pleadings, that the learned judge thought the case should be treated in the same way as a criminal prosecution.…