460 ORDINANCE No. 8 OF 1860 .
Probate and Administration.
which a writ of subpoena ad testificandum or of subpoena duces tecum , is
now issued by the said Court in its Common Law Jurisdiction, and every
person disobeying any such writ shall be considered as in contempt of the
Court and also be liable to forfeit a sum not exceeding one hundred pounds.
Power to en 7. The said Court shall have the like powers, jurisdiction , and
force orders.
authority for enforcing the attendance of persons required by it as afore
said , and for punishing persons failing , neglecting, or refusing to produce
deeds, evidences, or writings , or refusing to appear or to be sworn or make
affirmation or declaration 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 mat
ters to be inquired into and done by or under the orders of the Court
under this Ordinance as are by law vested in the said Supreme Court for
such purposes in relation to any suit or matter depending in the said Court
in its Equitable or Common Law Jurisdiction .
Order to
8. The said Court may, on motion or petition , or otherwise, in a
produce any
instrument summary way whether any suit or other proceeding shall or shall not be
purporting to
be testamen pending in the Court with respect to any probate or administration , order
tary.
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 : And if it be not shown that any such paper or writing is in the
possession or under the control of such person , but it shall appear that
there are reasonable grounds for believing that he has the 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 ; and the costs of any such motion , petition , or
other proceeding shall be in the discretion of the Court.
Registrar. &c. 9. The Registrar and any other persons whom the Judge shall, under
to have power
to administer the seal of the Court, from time to time appoint shall respectively have
oaths.
full power to administer oaths and declarations and perform such other