delegate” shall be construed as a reference to a magistrate’s court.
236. General powers of district delegate.
A district delegate shall have the like powers and authority in relation to the
granting of probate and letters of administration, and all matters connected
with the granting of probate and letters of administration, as are by law
vested in him or her in relation to any civil suit or proceeding pending in his
or her court.
237. District delegate may order person to produce testamentary
papers.
A district delegate may order any person to produce and bring into court any
paper or writing, being or purporting to be testamentary, which may be
shown to be in the possession or under the control of that person and—
(a) if it is not shown that any such paper or writing is in the
possession or under the control of that person, but there is reason
to believe that he or she has the knowledge of any such paper or
writing, the court may direct that person to attend for the purpose
of being examined respecting the paper or writing;
(b) that person shall be bound to answer such questions as may be
put to him or her by the court, and, if so ordered, to produce and
bring in such paper or writing, and shall be subject to the like
punishment under section 107 of the Penal Code Act, in case of
default in not answering the questions, or not bringing in the
paper or writing, as he or she would have been subject to in case
he or she had been a party to a suit and had made such default;
and
(c) the costs of the proceeding shall be in the discretion of the court.
238. Proceedings in relation to probate and administration.
The proceedings of the court of the district delegate in relation to the
granting of probate and letters of administration shall, except as hereafter
otherwise provided, be regulated, so far as the circumstances of the case will
admit, by the law relating to civil procedure.
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