Directory_and_Chronicle_1902 — Page 365

Duration of order.

Arrest and

262

RULES OF SUPREME COURT

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 persons 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)

other proceed for which bail is required.

inga under order to hold to bail.

Testator may deposit will.

Notice of death.

Compulsory production of festamentary

papers.

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 recogni- zance, (with or without a surety or sureties 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 otherwise 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.

Proceedings on Death

184. The Supreme Court and every other Court shall endeavour 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 administration 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 other Court that any paper purporting to be testamentary is in the possession or under the control of any person, the Court may, in a summary way, whether a suit or proceeding as to probate or administration is pending or not, order him to produce and bring into Court such paper.

Where it appears to the Supreme or other Court that there are reason- able grounds for believing that any person has knowledge of any paper purporting to be testamentary, (although it is not shown to the satisfac- tion 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 in- terrogatories, 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

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