and examining parties and witnesses.
No. 8 of 1960, s. 7.)
General POWERS of
enforcing
VOCBES
No. 7 of 1940, s. 7.)
Power of
ordering production of testamentary writings
(No. 4 of 1880, s. 9.)
Administration of estate,
(No 8 of 1860,
s. A. H
Registrar ex officio Official Ad-
ministrator.
(No. 9 of 1870,
s. 1.)
Effect of grant
to Oficial Administrator. (No. 18 of 1990,
s. 1.)
Re-vesting of property on
vacation of
office.
(No. 13 of 1900,
s. 1.)
examine or cause to be examined, in any suit 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 subpœna ad testificandum or of subpœna 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 suit or matter depending in the said Court in its original jurisdiction.
9.-(1) The Court may, on motion or petition or otherwise, in a summary way, whether any suit or other proceeding 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, 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 may direct such person to attend for the purpose of being examined in open Court, or upon interrogatories, respecting the same, and such person shall be bound to answer such questions or interrogatories, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like process of contempt in case of default in not attending or in not answering such questions or interrogatories, or not bringing in such paper or writing, as he would have been subject to in case he had been a party to a suit in the Court and had made such default.
10.--(1) The Registrar of the Supreme Court and any other persons whom the Chief Justice may from time to time, under the seal of the Supreme Court, appoint for that purpose shall respectively have full power to administer oaths and to perform such other duties in reference to matters and causes testamentary as may be assigned to them from time to time by any rules and orders made under this Ordinance.
(2.) Every Commissioner for taking oaths in the Supreme Court in its original jurisdiction shall be a Commissioner for taking oaths in the Court.
PART II.
THE OFFICIAL ADMINISTRATOR.
11.--(1) It is hereby declared that the Registrar for the time being of the Supreme Court is ex officio Official Administrator under this Ordinance.
(2.) In all cases the Official Administrator shall be subject to the immediate control and act under the direction of the Court.
12. A grant of administration to the Official Administrator, whether the name of the grantee, the officer holding the appointment at the time of the grant, is or is not mentioned therein, shall be deemed to have been made and to be made, as the case may be, to him and his successors in office from time to time.
13. All property vested in the Official Administrator for the time being by virtue of any grant of administration made to him or any predecessor in office or otherwise shall, on his vacating or otherwise ceasing to hold the office, be
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