05.
In what cases.
Recognizance.
Duration of order.
Arrest and
other proceed- ings under order to hold to bail.
Testator may
deposit will.
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VIII-SUMMARY ORDERS BEFORE SUIT.
179. Where the extreme urgency or other peculiar circum- stances of the case appear to the Court so to require, the Court may on evidence on oath, without a petition having been previously presented, make ex parte an order of injunction,-or an order to sequester money or goods, or to stop a passport,—— or the clearances of a ship,-or to hold to bail.
180. Before making such an order the Court shall require the person applying for it to enter into a recognizance (with or with- out a surety or sureties as the Court thinks fit), signed by the party applying (and his surety or sureties if any), as a security for his being answerable in damages to the person against whom the order is sought, or to give such other security for that purpose by deposit or otherwise as the Court thinks fit.
181. Any such order shall not remain in force more than 24 hours, and shall at the end of that time wholly cease to be in force, unless within that time a suit is regularly instituted by the person obtaining the order.
Any such order shall be dealt with in the suit as seems just. 182. An order to hold to bail shall state the amount (including costs) for which bail is required.
It shall be executed forthwith.
The person arrested under it shall be entitled to be discharged from custody under it on bringing into Court the amount stated in the order, to abide the event of any suit instituted, or on entering into a recognizance, (with or without a surety or sure- ties as the Court thinks fit,) signed by him (and his surety or sureties if any), as a security that he will abide by and satisfy any decree or order of the Court in any suit instituted, or on giving such other security for that purpose by deposit or other- wise as the Court thinks fit.
The person arrested shall be liable to be detained in custody under the order for not more than seven days if not sooner discharged; but the Court may, from time to time, on evidence on oath, renew the order, so, however, that no person be kept in custody under any such order and renewed order or orders for a longer time in the whole than thirty days.
IX.-PROBATE AND ADMINISTRATION,
Deposit of Will in Lifetime.
183. Any British subject may in his lifetime deposit for safe custody in the Supreme or other Court his own will sealed up under his own seal and the seal of the Court.
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Proceedings on Death.
death.
184. The Supreme and every other Court shall endeavour Notice of to obtain, as early as may be, information of the death of every British subject dying within the particular jurisdiction, and all such information respecting the affairs of the deceased as may serve to guide the Court with respect to the securing and ad- ministration of his property.
On receiving information of the death of a British subject the Court shall put up a notice thereof at the place where its sittings are ordinarily held, and shall keep the same there until probate or administration is granted, or where it appears to the Court that probate or administration will not be applied for, or cannot be granted, for such time as the Court thinks fit.
185. Where it is shown to the satisfaction of the Supreme or Compulsory other Court, that any paper purporting to be testamentary is production of in the possession or under the control of any person, the Court testamentary may, in a summary way, whether a suit or proceeding as to pro- bate or administration is pending or not, order him (Form 24.)
to produce and bring into Court such paper.
Where it appears to the Supreme or other Court that there are reasonable grounds for believing that any person has knowledge of any paper purporting to be testamentary, (although it is not shown to the satisfaction of the Court that the paper is in his possession or under his control,) the Court may, in a summary way,-whether a suit or proceeding for probate or administration is pending or not,-order him to attend for the purpose of being examined respecting the same in open Court or on interrogatories, and after examination to produce the paper and bring it into Court.
Any person failing to attend or to be examined, or to produce and bring in the paper accordingly, shall be liable to the same consequences as he would be liable to if he were a party to a suit in the Court, and had made like default.
papers.
186. The Court may of its own motion, or on the application Notice to
of any person claiming an interest under a will, give notice to executors to the executor or executors (if any) therein named, to come in cone in and and prove the will or to renounce probate; and the executors prove.
or executor so named, or some or one of them, must within fourteen days after notice come in and prove or renounce accordingly.
1.-PROBATE OR ÁDMINISTRATION IN GENERAL,
187. Probate (Form 13.) or letters of administration with will Time after annexed (Form 14.) shall not issue until after the lapse of seven death when
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