814
Powers as to requiring attendance
of and examining parties and witnesses.
20 & 21 Vict. c. 77, s. 24.
General
powers of enforcing process. 20 & 21 Vict.
No. 2 of 1897.
PROBATES.
7.-(1) The court may require the attendance of any party in person, or of any person whom it may think fit to examine or cause to be examined, in any action or other proceeding in respect of matters or causes testamentary, and may examine or cause to be examined upon oath parties and witnesses by word of mouth, and may, either before or after or with or without such examination, cause them or any of them to be examined upon interrogatories or receive their or any of their affidavits.
(2) The court may by writ require the attendance of any such party or witness, and order to be produced before itself or otherwise any deeds, evidences, or writings, in the same form, as nearly as may be, as that in which a writ of subpoena ad testificandum or of subpoena duces tecum is now issued by the Supreme Court in its original jurisdiction.
8. The court shall have the like powers, jurisdiction, and authority for enforcing the attendance of persons required by it as aforesaid, and for punishing persons failing, neglecting, or refusing to produce deeds, evidences, or writings, or refusing to appear, or to be sworn, or to give evidence, or guilty of contempt, and generally for enforcing all orders, decrees, and judgments made or given by the court under this Ordinance and otherwise in relation to the matters to be inquired into and done by or under the orders of the court under this Ordinance as are for the time being vested by law in the Supreme Court for such purposes in relation to any action or matter depending in the said court in its original jurisdiction.
Power of ordering production of
writings.
9.-(1) The court may, on motion or petition or otherwise, in a summary way, whether any action or other proceeding testamentary is or is not pending in the court with respect to any probate or administration, order any person to produce and bring into the Registry of the court, or otherwise as the court may direct, any paper or writing being or purporting to be testamentary which may be shown to be in the possession or under the control of such person.
(2) If it is not shown that any such paper or writing is in the possession or under the control of such person, but it appears that there are reasonable grounds for believing that he has knowledge of any such paper or writing, the court
*As amended by Law Am. Ord., 1923.