S. 1558.]
The Hongkong Government Gazette.
ordered, to produce and bring in such Paper or Writing, and shall be subject to the like Process of tempt in case of Default in not attending or in not answering such Questions or Interrogatories, or not in such Paper or Writing, as he would have been subject to in case he had been a Party to a Suit Court and had made such Default; and the Costs of any such Motion, Petition, or other Proceeding ise in the Discretion of the Court.
XXVII The Registrars and District Registrars shall respectively have full Power to administer Registrars, &c., to and all Persons who at the Commencement of this Act shall be acting as Surrogates of any have Power to ad- Mastical Court, and any other Persons whom the Judge shall, under the Seal of the Court, from Time minster Oaths.
Power to appoint, e appoint, shall respectively have full Power to administer Oaths and perform such other Duties in also, Commissioners to ee to Matters and Causes Testamentary as may be assigned to them from Time to Time by the administer Oathis, &c. and Orders under this Act; and the Persons so appointed shall be styled "Commissioners of Her ty's Court of Probate:" Provided, that any Party required to be examined, or any Person called as ness or required or desiring to make an Affidavit or Deposition under or for the Purposes of this Act, the permitted to make his solemn Affirmation or Declaration instead of being sworn in the Circum- es and Manner in which a Person called as a Witness or desiring to make an Affidavit or Deposition be permitted so to do under the Common Law Procedure Act, 1854, in Cases within the Provisions that Act; and any Person who shall wilfully give false Evidence, or who shall wilfully swear, affirm, or ture falsely in any Affidavit or Deposition before the Court of Probate, or before any Registrar,
set Registrar, or Commissioner of the Court, shall be liable to the Penalties and Consequences of al and corrupt Perjury.
XXVIII. If any Person forge the Signature of any Registrar, District Registrar, or Commissioner Penalty on forging aking Oaths, or forge or counterfeit any Seal of the Court of Probate, or knowingly use or concur in or counterfeiting Seals any such forged or counterfeit Signature or Seal, or tender in Evidence any Document with a false or Signatures of Of- Counterfeit Signature of such Registrar, District Registrar, or Commissioner, or with a false or counter-
: Scal, knowing the same Signature or Seal to be false or counterfeit, every such Person shall be guilty Felony, and shall upon Conviction be liable to Penal Servitude for the Term of his Life or any Term : less than Seven Years, or to Imprisonment for any Term not exceeding Three Years, with or without Hard Labours
ficers.
XXIX. The Practice of the Court of Probate shall, except where otherwise provided by this Act, or Practice of the Conrt. the Rules or Orders to be from Time to Time made under this Act, be, so far as the Circumstances of the Case will admit, according to the present Practice in the Prerogative Court.
Rules and Orders to
the Procedure of the
XXX. And to the Intent and End that the Procedure and Practice of the Court may be of the most aple and expeditious Character, it shall be lawful for the Lord Chancellor, at any Time after the passing be made for regulating
Act, with the Advice and Assistance of the Lord Chief Justice of the Court of Queen's Bench, or Court, One of the Judges of the Superior Courts of Law to be by such Chief Justice named in that Behalf, of the Judge of the said Prerogative Court, to make Rules and Orders, to take effect when this Act come into operation, for regulating the Procedure and Practice of the Court, and the Duties of the strars, District Registrars, and other Officers thereof, and for determining what shall be deemed tentious and what shall be deemed non-contentious Business, and, subject to the express Provisions of Act, for fixing and regulating the Time and Manner of appealing from the Decisions of the said art and generally for carrying the Provisions of this Act into effect; and after the Time when this Act All come into operation it shall be lawful for the Judge of the Court of Probate from Time to Time, with Concurrence of the Lord Chancellor and the said Lord Chief Justice, or any One of the Judges of the Spurior Courts of Law to be by such Chief Justice named in this Behalf, to repeal, amend, add to, or
ter any such Rules and Orders as to him, with such Concurrence as aforesaid, may seem fit.
XXXI. Subject to the Regulations to be established by such Rules and Örders as aforesaid, the Mode of taking Evi- Witnesses, and where necessary the Parties, in all contentious Matters where their Attendance can be dence in contentious
Matters. 13, shall be examined orally by or before the Judge in open Court: Provided always, that, subject to any h Regulations as aforesaid, the Parties shall be at liberty to verify their respective Cases, in whole or a part, by Affidavit, but so that the Deponent in every such Affidavit shall, on the Application of the mposite Party, be subject to be cross-examined by or on behalf of such opposite Party orally in open ' art as aforesaid, and after such Cross-examination may be re-examined orally in open Court as aforesaid bg or on behalf of the Party by whom such Affidavit was filed.
XXXII. Provided, That where a Witness in any such Matter is out of the Jurisdiction of the Court, Court may issue where, by reason of his Illness or otherwise, the Court shall not think fit to enforce the Attendance of Commissions or give The Witness in open Court, it shall be lawful for the Court to order a Commission to issue for the Examina- Orders for Examina- 1 of such Witness on Oath, upon Interrogatories or otherwise, or if the Witness be within the Jurisdiction tion of Witnesses
the Court, to order the Examination of such Witness on Oath, upon Interrogatories or otherwise, before unable to attend.
abroad, or who are y Officer of the said Court, or other Person to be named in such Order for the Purpose; and all the iwers given to the Courts of Law at Westminster by the Acts of the Thirteenth Year of King George Third, Chapter Sixty-three, and of the First Year of King William the Fourth, Chapter Twenty-two, enabling the Courts of Law at Westminster to issue Commissions and give Orders for the examination Witnesses in Actions depending in such Courts, and to enforce such Examination, and all the Provisions of the said Acts, and of any other Acts for enforcing or otherwise applicable to such Examination, and the Witnesses examined, shall extend and be applicable to the said Court of Probate and to the Examination
Witnesses under the Commissions and Orders of the said Court, and to the Witnesses examined, as if M] Court were One of the Courts of Law at Westminster, and the Matter before it were an Action pending in such Court.
Rules of Evidence in Common Law Courts to be observed.
Common Law Judges many sit, on Request of Judge of Court. Court may
cause
XXXIII. The Rules of Evidence observed in the Superior Courts of Common Law at Westminster shall be applicable to and observed in the Trial of all Questions of Fact in the Court of Probate.
XXXIV. It shall be lawful for the Judge of the Court of Probate to sit, with the Assistance of any ce or Judges of any of the Superior Courts of Law at Westminster, who, upon the Request of the
e of the Court of Probate, may find it convenient to attend for that Purpose. XXXV. It shall be lawful for the Court of Probate to cause any Question of Fact arising in any Suit Proceeding under this Act to be tried by a Special or Common Jury before the Court itself, or by Questions of Fact to s of an Issue to be directed to any of the Superior Courts of Common Law, in the same Manner as before itself, or direct be tried by a Jury sue may now be directed by the Court of Chancery, and such Question shall be so tried by a Jury in an Issue to a Court of y Case where an Heir-at-Law, cited or otherwise made Party to the Suit or Proceeding, makes Appli- Law,
into the Court of Probate for that Purpose; and in any other Case where all the Parties to the Suit Proceeding concur in such an Application, and where any Party or Parties other than such Heir-at-Law le a like Application (the other Party or Parties not concurring therein), and the Court shall refuse to Late such Questions to be tried by a Jury, such Refusal of the Court shall be subject to Appeal as herein Raided.
Powers of the Court
XXXVI. When the Court shall order a Question of Fact to be tried before itself by a Jury, the
may make all such Rules and Orders upon the Sheriff or any other Person for procuring the for the Trial of Quea Andance of a Special or Common Jury for the Trial of such Question as may now be made by any of tions by a Jury,
Superior Courts of Common Law at Westminster, and may also make any other Orders which to such
Kent may seen requisite ; and every such Jury shall consist of Persons possessing the Qualifications, and
d of
be truck, summoned, ballotted for, and called in like Manner as if such Jury were a Jury for the any Cause in any of the said Superior Courts; and every Juryman so summoned shall be entitled the same lights, and subject to the same Duties and Liabilities, as if he had been dulv summaned for