41. The clerk has the competence of a judge in chambers:
(1) in cases where the law expressly so declares;
(2) when the judge is absent or unable to act and delay might result in the loss of a right or cause serious harm.
In matters within his jurisdiction, the clerk has the same powers as the judge.
1965 (1st sess.), c. 80, a. 41; 1992, c. 57, s. 186, s. 420.