Page 5 Page 5
1860.
n relation to the
of the Effects of with full Autho- s Testamentary, Majesty in the nance be deeme} he same Powers, nd in relation t.. e Court and it- lation to Matter urisdiction of the 1 on or should h.. ions, or Matter. le Probate Juris for the Distribu-
me Court in its d not by Deputy : his holding suc!: ctor, Solicitor, or practising. Pr ith or control the
n its Probate Ju
1, altered, and re
Orders and other purporting to be 'oof thereof.
■ Person, or of any any Suit or other examine or caus Partics and Wit- without such Ex- es, or receive their >: And the Cour: re itself or other- as may be as that cum, is now issue. 3 on disobeying any e liable to forfeit
and Authority for
and for punishing s, or Writings, er n or to give Evi- Decrees, and Judg- se in relation to the Court under thi- a Purposes in rela- ble Jurisdiction.
vise, in a summ“ ding in the Court produce and brit * Writing being ossession or under aper or Writing is pear that there ar ny such Paper ‹ e of being examine h Person shall 1- red, to produce cess of Contempt
or
an
Interrogatorio
bject to in case }» !
THE HONGKONG GOVERNMENT GAZETTE, 31st MARCII, 1860.
had been a Party to a Suit in the Court and had made such Default; and the Costs of any such Motion, Petition, or other Proceeding shall be in the Discretion of the Court.
81
have Power to admi-
IX. The Registrar and any other Persons whom the Judge shall, under the Seal, Registrar, &c. to of the Court, from Time to Tinie appoint shall respectively have full power to adminis-nister Oaths. ter Oaths and perform such other Duties in reference to Matters and Causes Testamen- tary as may be assigned to them from Time to Time by any Rules and Orders under this Ordinance and the Commissioners for taking Oaths in the said Court in its Com- mon Law and Equitable Jurisdiction shall be Commissioners for taking Oaths in the Commissioners, said Court in its Probate Jurisdiction, Provided, that any Party required to be ex- amined or any Person called as a Witness or required or desiring to make an Affidavit or Deposition under or for the Purposes of this Ordinance shall be permitted to make his solemn Affirmation or Declaration instead of being sworn in the circumstances and manner in which a Person called as a Witness or desiring to make an Affidavit or De- position would be permitted so to do under the common Law Procedure Act 1854 of the Imperial Parliament in Cases within the Provisions of that Act: And any Person who shall wilfully give false Evidence, or who shall wilfully swear, affirm, or declare falsely in any Affidavit or Deposition before the Court of Probate or before any Registrar, or Commissioner of the Court, or before any Person before whom any Affidavit, Affirma- tion, or Declaration as in the two next succeeding actions mentioned shall be liable to the Penalties and Consequences of wilful and corrupt Perjury.
•
whom to be made
X. In Cases where it is necessary to obtain Affidavits, Declarations, or Affirma- Affidavits, &c. before tions to be used in the said Court in its Probate Jurisdiction from Persons residing in when Persons making Foreign Parts out of Her Majesty's Dominions the same may be sworn, declared, or them reside in For- affirmed before the Persons empowered to administer Oaths under the Act of the 6th eign Parts.
Geo. IV. C. 87 or under the Act of the 18th and 19th Vict. C. 42: Provided that in places where there are no such Persons as are mentioned in the said Acts, such Affida- vits, Declarations, or Affirmations may be made, declared, and affirmed before any Foreign local Magistrate or other Person having Authority to Administer an Oath.
Affidavits made in British Dominions be-
XI. Affidavits, Declarations, and Affirmations to be used in the said Court in its Probate Jurisdiction may be sworn and taken in any Place out of the Colony of Hong-fore whom to be sworn. kong under the Dominion of Her Majesty before any Court, Judge, Notary Public, or Person lawfully authorised to administer Oaths in such Place: And all Officers of the said Court shall take judicial notice of the Seal or Signature, as the case may be, of any such Court, Judge, Notary Public, or Person which shall be attached, suspended, or subscribed to any such Affidavit, Declaration, or Affirmation or to any other document.
or counterfeiting Seals
XII. If any Person forge the Signature of any Registrar or Commissioner for taking Penalty on forging Oaths or forge or counterfeit any Seal of the said Court in its Probate Jurisdiction or or Signature. forge or counterfeit any such Seal or Signature as in the last preceding Section is men- tioned on any Seal or Signature impressed, affixed, or subscribed under the Provisions of the said Act of the 6th Geo. IV. Cap. 87 or the 18th and 19th Vict. Cap. 42 to any Affidavit, Declaration, or Affirmation to be used in the said Court in its Probate Juris- diction or willingly use or concur in using any such forged or counterfeit Signature or Seal or tender in Evidence any Document as aforesaid with a false or counterfeit Signa- ture or Seal Knowing the same Signature or Seal to be false or counterfeit, every such Person shall be guilty of Felony, and shall upon Conviction be liable to Penal Servitude for the Term of his Life or any Term not less than Seven Years or to Imprisonment for any Term not exceeding Three Years with or without Hard Labour: And whenever any such Document has been admitted in Evidence by Virtue of this Act, the Court or the Person who has admitted the same may at the request of any party against whom the same is so admitted in evidence, direct that the same shall be impounded and be kept in the Custody of some Officer of the Court or other proper Person for such period and subject to such Conditions as to the said Court or Person shall seem meet; and every Person charged with committing any Felony under this Act may be dealt with, indicted, tried, and, if convicted, sentenced, and his Offence may be laid and charged to have been committed, and every accessory before or after the fact to any such Offence may be dealt with, indicted, tried, and, if convicted, sentenced, and his Offence laid and charged to have been committed in the said Colony of Hongkong.
XIII. The Practice of the said Court in its Probate Jurisdiction shall, except where Practice of the Court. otherwise provided by this Ordinance or by the Rules or Orders to be from Time to Time made under this Ordinance be so far as the circumstances of the Case will admit,
ording to the Practice heretofore prevailing in the said Court in its Ecclesiastical Ju- risdiction under the Sections of Ordinance No. 6 of 1845 hereby repealed.
Page 5 Page 5