388
THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1897.
Application
(b.) In the case of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the ad- ministration relates;
and the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.
(8.) The Court may also, if it thinks fit, on the applica- tion of any creditor, require, before scaling, that adequate security be given for the payment of debts duc from the estate to creditors residing in the Colony.
(4.) For the purposes of this section, a duplicate of any probate or administration scaled with the seal of the Court of Probate granting the sun, or a copy thereof certified as correct by or maler the authority of such Court, shall have the same effect as the original.
(5.) All Ordinances, emetinents, and rules of Court for the time being in Force in the Colony in relation to probate duty, or in relation to fees and costs in the Court, shall apply to applications for sealing muder this section to the same extent and in the same manner as if the person who applies for such sealing were a person applying to the Court for probate or administration.
68. The preceding provisions of this Part shall apply of provisions to probates and abüinistrations granted in the United relating to
Kingdom either before or after the commencement of this Ordinance.
British
probates.
Interpreta-
tion of terms relating to colonial probates.
Power to
Colonial Probates.
69. In the provisions of this Part relating to colonial probates, unless the context otherwise requires,—
•Court of Probate" means any court or authority, by whatever name designated, having jurisdiction in mat- ters of probate:
*Probate" and "administration" include any instrument having, in a British Possession, the same effect s under the law of this Colony is given to probate and administration respectively:
"Probate Duty" includes any stamp or other duty pay- able on the value of the estate for which probate or administration is granted:
"British Court in a foreign country means any British Court having jurisdiction om of Her Majesty's domi- nions in pursuance of an Order of Her Majesty-in- Council, whether made under any Act of Parliament or otherwise;
British Possession" includes any part of a British Pos- session having a separate legislature.
70.-1.) The Governor-in-Commeil may, on being satis- apply provified that the legislature of any British Possession has made sions relating to colonial
adequate provision for the recognition in that Possession of probates to probates and administrations granted by the Court, direct British
by Order that the provisions of this Part relating to colonial Possession.
probates shall, subject to any exceptions and modifications specified in the Order, apply to that Possession, and there- upon, while the Order is in foree, those provisions shall apply accordingly.
Sealing of
probafe or administra
tion granted in British Possession.
and effect thereof.
(2.) The Governor-in-Council may by Order revoke or alter any Order previously made under this Ordinauce, or under any Ordinance hereby repealed.
(3.) Every such Onder-in-Council shall be published in the Gazette.
71-(10) Where a Court of Probate in a British Posses- sion to which the provisions of this Part relating to colonial probates apply has grautal probate or administration in respect of the estate of a deceased person, the probate or miuinistration so gmided may, of being produced to and a copy therest deposited with the Court, be scaled with the seal of the Court, and thereupon shall be of the like force and effect and have the same operation in the Colony as if granted by the Court.
(2.) Provided that the Court small, before scaling a pro- bate or administration under this section, be satisfied-
(.) That probate duty has been paid in respect of so much, if any, of the estate as is liable to probate lity in the Colony ; and
(6.) In the case of administration. that security has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the ad- ministration relates ;
and the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.