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THE HONGKONG GOVERNMENT GAZETTE, 31sT MARCH, 1860.
Testamentary Jn- risdiction to be exer-
Court.
III. The voluntary and contentious Jurisdiction and Authority in relation to the cised by the Supreme granting or revoking Probate of Wills and Letters of Administration of the Effects of deceased Persons leaving personal Effects in the said Colony, together with full Autho- rity to hear and determine all Questions relating to Matters and Causes Testamentary, shall belong to and be vested in and be exercised, in the Name of Her Majesty in the Supreme Court of Hongkong which shall for the purposes of this Ordinance be deemed a Court of Probate and shall be a Court of Record, and shall have the same Powers, and its Grants and Orders shall have the same Effect, in Hongkong and in relation to the Personal Estate in Hongkong of deceased Persons, as the Supreme Court and its Grants and Orders respectively now have or hitherto have had in relation to Matters and Causes Testamentary and Effects of deceased Persons within the Jurisdiction of the said Supreme Court; and all Duties which are or have been imposed on or should be performed by the Supreme Court, in respect of Probates, Administrations, or Matters or Causes Testamentary shall be performed by the said Court under the Probate Juris- diction hereby created: Provided that no Suits for Legacies, or Suits for the Distribu- tion of Residues, shall be entertained by the said Court.
Duties of Officers under this Ordinance
Person.
No Officer under this
IV. The Registrar and all Officers and Clerks of the said Supreme Court in its be the formed in Probate Jurisdiction shall execute their respective Offices in Person and not by Deputy; and no Registrar, Officer, or Clerk thereof shall during the Time of his holding such Ordinance to act Office directly or indirectly practice as an Advocate, Barrister, Proctor, Solicitor, or Advocate, &c. Attorney, or receive or participate in the Fees of any other Person so practising. Pro- er of the Governor to vided always that nothing in this Section shall be taken to interfere with or control the grant leave of Abseu- Power of the Governor to grant leave of absence.
ce.
as
Saving of the Pow-
Seal of Court to be provided.
Power to examine witnesses.
"
V. The Judge shall cause a Seal to be made for the said Court in its Probate Ju- risdiction and may cause the same from Time to Time to be broken, altered, and re- newed at his Discretion; and all Probates, Letters of Administration, Orders and other Instruments, and Exemplifications and Copies thereof, respectively, purporting to be sealed with such Seal shall be received in evidence without further Proof thereof.
VI. The said Court may require the Attendance of any Party in Person, or of any Person whom it may think fit to examine or cause to be examined in any Suit or other Proceedings in respect of Matters or Causes Testamentary, and may examine or cause to be examined upon Oath or Affirmation, as the Case may require Parties and Wit- nesses by Word of Mouth and may, either before or after or with or without such Ex- amination cause them or any of them to be examined on Interrogatories, or receive their or any of their Affidavits or solemn Affirmations, as the case may be: And the Court may by Writ require such Attendance, and order to be produced before itself or other- As to Production of wise 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 Subpœna duces tecum, is now issued by the said Court in its Common Law Jurisdiction, and every Person disobeying any such Writ shall be considered as in Contempt of the Court and also be liable to forfeit a Sum not exceeding One Hundred Pounds.
Deeds, &c.
Power to enforce Orders.
Order to produce
porting to be Testa- mentary.
VII. The said 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 make Affirmation or Declaration or to give Evi dence, or guilty of Contempt, and generally for enforcing all Orders, Decrees, and Judg. ments 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 by Law vested in the said Supreme Court for such Purposes in rela tion to any Suit or Matter depending in the said Court in its Equitable Jurisdiction.
VIII. The said Court may, on Motion or Petition, or otherwise, in a summary any Instrument par- Way whether any Suit or other Proceeding shall or shall not be pending in the Court with respect to any Probate or Administration, order any Person to produce and bring into the Registry, 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: And if it be not shown that any such Paper or Writing is in the Possession or under the Control of such Person, but it shall appear that there are reasonable Grounds for believing that he has the 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 bec
of any Court.
IX.
of the C ter Oath tary as r this Ord
mon Lav said Cou amined c or Depos his solem manner i position Imperial
shall wilf
in any A Commissi tion, or I the Penal
X. 1 tions to b Foreign I affirmed 1 Geo. IV. places wh vits, Dec Foreign l
XI.
Probate J
kong unde Person lav said Court such Cour subscribed
XII. Oaths or f forge or cc tioned on of the sai Affidavit, diction or Scal or ten ture or Sea Person sha
for the Ter
any Term any such I the Person the same is kept in the and subjec every Perso indicted, tr have been may be dea charged to
XIII. otherwise p Time made according to risdiction u
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