460
Power to en-
force orders.
Order to produce any instrument purporting to be testamen-tary.
Registrar, &c. to have power to administer oaths.
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.
7. The said 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 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 matters 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.
8. The said Court may, on motion or petition, or otherwise, in a summary way whether any suit or other proceeding shall or shall not be 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: 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 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; costs of any such motion, petition, or other proceeding shall be in the discretion of the Court.
9. The Registrar and any other persons whom the Judge shall, under the seal of the Court, from time to time appoint shall respectively have full power to administer oaths and declarations and perform such other
460
Power to en-
force orders.
Order to produce any instrument purporting to be testamen- tary.
Registrar, &c. to have power to administer. oaths.
ORDINANCE No. 8 or 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.. 7. The said Court shall have the like powers, jurisdiction, and 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.
8. The said Court may, on motion or petition, or otherwise, in a summary way whether any suit or other proceeding shall or shall not be 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: 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 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 costs of any such motion, petition, or other proceeding shall be in the discretion of the Court.
any
and had made such default; and the 9
9. The Registrar and any other persons whom the Judge shall, under the seal of the Court, from time to time appoint shall respectively have full power to administer oaths and declarations and perform such other
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