Probate and Administration.
or otherwise any deeds, evidences, or writings, in the same form, as nearly as may be, as that in which a writ of subpoena ad testificandum or of subpoena duces tecum is now issued by the Supreme Court in its original jurisdiction.
[CAP. 10
General powers of
process.
c. 77, s. 25.
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 action or matter depending in the said court in its original jurisdiction.
ordering production of testamentary
writings.
20 & 21 Vict.
c. 77, s. 26.
9. (1) The court may, on motion or petition or otherwise, in a summary way, whether any action 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 of the court, 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 an action in the court and had made such default.
301
Probate and Administration.
or otherwise any deeds, evidences, or writings, in the same form, as nearly as may be, as that in which a writ of subpoena ad testificandum or of subpoena duces tecum is now issued by the Supreme Court in its original jurisdiction.
[CAP. 10
General powers of
process.
c. 77, s. 25.
8. The court shall have the like powers, jurisdiction, and authority for enforcing the attendance of persons enforcing required by it as aforesaid, and for punishing persons 20 & 21 Vict. 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 action or matter depending in the said court in its original jurisdiction.
ordering production of testa-
mentary 20 & 21 Vict.
writings.
c. .77, s. 26.
9. (1) The court may, on motion or petition or other Power of wise, in a summary way,, whether any action or other pro- ceeding 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 of the court, or otherwise as the court may direct, any paper or writing being or purport- ing 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 inter- rogatories, or not bringing in such paper or writing, as he would have been subject to in case he had been a party to an action in the court and had made such default.
301
No comments yet.
Private notes are available after approval.