39Failure to proceed

39 Failure to proceed (1) Notwithstanding that an order has not been made revoking the order allowing a poor person to sue, defend or be a party as a poor person, where he omits to proceed, he may be called upon by notice of motion or summons to shew cause to the Court or a Justice why he should not pay costs and why further proceedings should not be stayed until the costs have been paid. (2) On the hearing of the notice of motion or summons, the Court or a Justice may make such order as seems just.