93. (1) Where, pending an application for the statement of a case, the justice of the peace dies or ceases to act, the applicant may, on notice to the other party or parties, apply to the court to state a case itself, and if a case is thereupon stated, it may be dealt with as if it had been duly stated by the said justice of the peace.
(2) Before any such case is stated by the court, the applicant shall enter into recognizance as provided by section 92.