| (1) | Whenever any person who appears either in obedience to a subpoena or by virtue of a warrant issued under section 35 or who is present and is verbally required by the Superior Court concerned to give evidence in any proceedings— |
| (a) | refuses to take an oath or to make an affirmation; |
| (b) | having taken an oath or having made an affirmation, refuses to answer such questions as are put to him or her; or |
| (c) | refuses or fails to produce any document or thing which he or she is required to produce, |
without any just excuse for such refusal or failure, the court may adjourn the proceedings for any period not exceeding eight days and may, in the meantime, by warrant commit the person so refusing or failing to prison unless the person consents to do what is required of him or her before he or she is so committed to prison.
| (2) | If any person referred to in subsection (1) again refuses at the resumed hearing of the proceedings to do what is so required of him or her, the court may again adjourn the proceedings and commit him or her for a like period and so again from time to time until such person consents to do what is required of him or her. |
| (3) | Nothing contained in this section prevents the court from giving judgment in any matter or otherwise disposing of the proceedings according to any other sufficient evidence taken. |
| (4) | No person is bound to produce any document or thing not specified or otherwise sufficiently described in the subpoena unless he or she actually has it in court. |
| (5) | When a subpoena is issued to procure the attendance of any person as a witness or to produce any book, paper or document in any proceedings, and it appears that— |
| (a) | he or she is unable to give any evidence or to produce any book, paper or document which would be relevant to any issue in such proceedings; or |
| (b) | such book, paper or document could properly be produced by some other person; or |
| (c) | to compel him or her to attend would be an abuse of the process of the court, |
any judge of the court concerned may, notwithstanding anything contained in this section, after reasonable notice by the Registrar to the party who sued out the subpoena and after hearing that party in chambers if he or she appears, make an order cancelling such subpoena.
