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860.
by such Rules in all conten- ly by or before Regulations as in whole or in , on the appli- behalf of such amination may Party by whom
ie Jurisdiction hall not think lawful for the tness on Oath, sdiction of the tories or other- in such Order minster by the g the Courts examination of amination and g or otherwise f and be appli- on of Witnesses sses examined, Matter before
Common Law ions of Fact in
of Fact arising
ial or Common
de in that be-
be tried by a f or any other
e Trial of such
w Jurisdiction, 'equisite: And shall be struck a Jury for the risdiction; and subject to the ial of any such eding shall be a Party to any of Questions of of, and also for the said Court d Authority in Equitable Ju-
Jury before the I as the Court tion, and a true Trial the Court e said Judge of
e being to sit in
is Ordinance as heard in Cham- ime to Time be
THE HONGKONG GOVERNMENT GAZETTE, 31st MARCH, 1860.
83
fixed by the Judge. Provided always that no Questions shall be heard in Chambers which either Party shall require to be heard in open Court.
when Sitting inCham-
XXI. The Judge of the said Court when so sitting in Chambers shall have and Powers of Judge exercise the same Power and Jurisdiction in respect of the Business to be brought be- bers. fore him as if sitting in open Court.
XXII. Caveats against the Grant of Probates or Administration may be lodged in Caveats. the Registry of the said Court in its Probate Jurisdiction and (subject to any Rules or Orders under this Ordinance) the Practice and Procedure under such Caveats in the Court of Probate shall as near as may be correspond with the Practice and Procedure under Caveats heretofore in use in the said Supreme Court in its Ecclesiastical Juris- diction.
XXIII. The Judge shall cause to be made from Time to Time in the Registry of the said Court in its Probate Jurisdiction, Calendars of the Grants of Probate and Ad- ministration therein for such Periods as the Judge may think fit, each such Calendar to contain a Note of every Probate or Administration with the Will annexed granted with- in the Period therein specified, and also a Note of every other Administration granted within the same Period, such respective Notes setting forth the Dates of such Grants, the Names of the Testators and Intestates, the Place and Time of Death, the Names and Descriptions of the Executors and Administrators, and the Value of the Effects and the Calendars to be so made shall be printed as the same are from Time to Time com- pleted.
Judge to cause Ca- from Time to Time.
lendurs to be made
mit Copies to certain
XXIV. The Registrar shall cause a Copy of every Calendar to be transmitted Registrar to trans- through the Post to the principal Registry of Her Majesty's Court of Probate in England, Offices- to the Principal Registry of Her Majesty's Court of Probate in Ireland, to the Office of the Commissary of the County of Midlothian in Edinburgh, and such other Offices if any as the said Judge shall from Time to Time by Rule or Order direct.
whole or Part of a
XXV. An Official Copy of the whole or any Part of a Will, or an Official Certifi-Official Copy of cate of the Grant of any Letters of Administration, may be obtained from the Registry will may be obtain- on the Payment of such Fees as shall be fixed for the same by the Rules and Orders od. under this Ordinance.
XXVI. Pending any Suit touching the Validity of the Will of any deceased Person, Administrations or for obtaining, recalling, or revoking any Probate or any Grant of Administration, the pendente lite. Court may appoint an Administrator of the Personal Estate of such deceased Person : And the Administrator so appointed shall have all the Rights and Powers of a General Administrator, other than the Right of distributing the Residue of such Personal Estate: And every such Administrator shall be subject to the immediate Control of the Court and act under its Direction.
XXVII. All the Provisions contained in this Ordinance respecting Grants of Ad- Administration ministration pending Suit shall be deemed to apply to the Case of Appeals to Her Majesty penting Suit to apply in Council from any Decision of the said Court in its Probate Jurisdiction.
to Appeals.
allowed to Executors
XXVIII. It shall and may be lawful for the said Court to allow to any Executor Remuneration or Administrator including Administrators appointed pendente lite as aforesaid such and Administrators. Remuneration out of the Estate of the Deceased as shall be just and reasonable for their Pains and Trouble therein: Provided always, that no allowance whatever shall be made to any Executor or Administrator who shall neglect to pass his Accounts at such Time, or to dispose of any Monies, Goods, Chattels, or Securities with which he shall be charge- able in such Manner as in Pursuance of any Rule or Order of the said Court shall be requisite.
XXIX. Where any Person after the Commencement of this Ordinance renounces Probate of the Will of which he is appointed Executor or one of the Executors, the Rights of such Person in respect of the Executorship shall wholly cease, and the Repre sentation of the Testator and the Administrator of the Effects shall and may, without any further Renunciation, go, devolve, and be committed in like Manner as if such P'erson had not been appointed Executor.
Executors renounc- ing Probate.
Power as to Ap
XXX. Where a Person has died or shall die wholly intestate as to his Personal pointment of Admi- Estate or leaving a Will affecting Personal Estate but without having appointed an Exc-nistrator.
ntor thereof willing and competent to take Probate, or where the Executor shall at the Time of the Death of such Person be resident out of the Colony of Hongkong and it shall
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