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N-2 - Notarial Act
Section 144
Disposition versions
144. (1) If the person in possession of the records refuses to allow the syndic to take possession thereof, the latter, on the president’s order, must by an application to the Superior Court or to a judge of such court, accompanied by an affidavit in support of its allegations, apply in the name of the Order for the issuance of an order for the delivery of the said records and files to the provisional guardian. Such application shall be served upon the party in the case at least one clear day before its presentation, or, in the event of absence, in the manner determined by the court or judge. Such application may be presented and heard at any time, in term or in vacation.
(2) The court or judge seized of the application, after any further evidence deemed necessary, shall order the immediate delivery to the provisional guardian of the said records and files, notwithstanding any written or oral contestation, until final judgment is rendered on the application.
144. (1) If the person in possession of the records refuses to allow the syndic to take possession thereof, the latter, on the president’s order, must by a motion to the Superior Court or to a judge of such court, accompanied by an affidavit in support of its allegations, apply in the name of the Order for the issuance of an order for the delivery of the said records and files to the provisional guardian. Such motion shall be served upon the party in the case at least one clear day before its presentation, or, in the event of absence, in the manner determined by the court or judge. Such motion may be presented and heard at any time, in term or in vacation.
(2) The court or judge seized of the motion, after any further evidence deemed necessary, shall order the immediate delivery to the provisional guardian of the said records and files, notwithstanding any written or oral contestation, until final judgment is rendered on the motion.
