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0.
tending to th
en laid on the
ngkong would. orrespondence micated to the t necessary for tment, which mentary Esti-
me submitted > vote in due
INSON,
ht, Governor
ies, and Vice- kong.
ion of
pril, 1860.J
id Revocation longkong. nor of Hong-
of 1845 shall
onsistent with
ntary Instru- ore have been
ration of the annexed, and
:rs and Causes
ninistration.
* Probate and eto, including robate in con- a non-conten-
Intestacy, not its against the
THE HONGKONG GOVERNMENT GAZETTE, 12TH MAY, 1860.
131
risdiction to be exer-
III. The voluntary and contentious Jurisdiction and Authority in relation to the Testamentary Ju- granting or revoking Probate of Wills and Letters of Administration of the Effects of cised by the Suprents deceased Persons, together with full Authority to hear and determine all Questions re- Court. lating to Matters and Causes Testamentary, shall belong to and be vested in and be exercised in the Name of Her Majesty by 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 Pro- bates, Administrations, or Matters or Causes Testamentary shall be performed by the said Court under the Probate Jurisdiction hereby created: Provided that no Suits for Legacies, or Suits for the Distribution of Residues, shall be entertained by the said Court in its Probate Jurisdiction.
Ordinance to act as
IV. No Officer or Clerk of the said Supreme Court in its Probate Jurisdiction shall No Officer under this during the Time of his holding such Office directly or indirectly practice as an Advocate, Advocate, &c. Barrister, Proctor, Solicitor, or Attorney, or receive or participate in the Fees of any other Person so practising.
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 renewed' at his Discretion; and all Probates, Letters of Administration, Orders and other Instru- ments, 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, Declaration or Affirmation, as the Case may require Parties and Witnesses 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, Declarations 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 otherwise Deeds, Evidences, or Writings, in the same Form, as nearly as may be as
any that in which a Writ of Subpoena ad testificandum or of Subpoena duces tecum, is now is- sued 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 for- feit a Sum not exceeding One Hundred Pounds.
Seal of Court to be provided.
Power to examine
witnesses.
As to Production of Deeds, &c.
Orders.
VII. The said Court shall have the like Powers, Jurisdiction, and Authority for Power to enforc enforcing the Attendance of Persons required by it as aforesaid, and for punishing Per- sons 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 Evidence, or guilty of Contempt, and generally for enforcing all Orders, Decrees, and Judgments made or given by the Court under this Ordinance and otherwise in relation to the Mat- ters 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 relation to any Suit or Matter depending in the said Court in its Equitable or Common Law Jurisdiction.
any
any Instrument pur-
VIII. The said Court may, on Motion or Petition, or otherwise, in a summary Way Order to produce whether Suit or other Proceeding shall or shall not be pending in the Court with porting to be Tosta- respect to any Probate or Administration, order any Person to produce and bring into mentary. the Registry, or otherwise as the Court may direct, any Paper or Writing being or pur porting 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 Writ- ing, 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 been 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.
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