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MS. 1858.]
The Hongkong Government Gazette.
7
Power of Court to
EXXXIII. The Court may, on Application made on Motion or Petition in a summary Way, and on
satisfied that the Condition of any such Bond has been broken, order One of the Registrars of the assign Bond. to assign the same to some Person, to be named in such Order, and such Person, his Executors or distrators, shall thereupon be entitled to sue on the said Bond, in his own Name, both at Law and si y, as if the same had been originally given to him instead of to the Judge of the Court, and shall
1 to recover thereon as Trustee for all Persons interested the full Amount recoverable in respect Breach of the Condition of the said Bond. LXXXIV. All Suits whether original or by way of Appeal, which at the Commencement of this Act Pending Suits trans- be peniling in any Court in England respecting any Grant of Probate or Administration, shall Probato.
ferred to Court of
transferred, with all the Proceedings therein, to the Court of Probate, there to be dealt with and d according to the Rules and Practice of the said Court, except so far as such Court may think dient to adopt, for the Purposes of such transferred Suits or any of them, the Rules or Practice Le Court in which the same shall have been pending, to which End the Court of Probate shall, for the ses of such Suits, have all the Jurisdiction, Power, and Authority possessed by the Court from such Suit shall be transferred; but this Enactment shall not apply to Proceedings by way of Appeal g before Her Majesty in Council, which Proceedings shall be carried on and prosecuted in the same peals pending before
Not to apply to Ap-
in all respects as if this Act had not passed; and every Person who if this Act had not passed Her Majesty in Coun- have appealed to Her Majesty in Council against any Proceeding, Decree, or Sentence of any Court cil cting the Grant of any Probate or Administration, may, notwithstanding this Act, appeal to Her sty in Council against such Proceeding, Decree, or Sentence: Provided also, that Her Majesty in e may remit to the Court of Probate any Cause or Proceeding pending by way of Appeal as afore- or to be brought before Her Majesty in Council upon Appeal as aforesaid, with such Directions as Justice of the Case may require.
Power to Judges
LXXXV. Provided, That if at the Commencement of this Act any Cause which would be transferred the Court of Probate under the Enactment herein-before contained shall have been heard before any whose Jurisdiction is 3dge having Jurisdiction in relation to such Cause before the Commencement of this Act, and shall be determined, to deliver ding for Judgment, such Judge may, at any. Time within Six Weeks after the Commencement of this written Judgments. Act, give in to One of the Registrars of the Court a written Judgment thereon, signed by him, and a Derde or Order, as the Case may require, shall be drawn up in pursuance of such Judgment; and every sich Decrce or Order shall have the same Force and Effect as if it had been drawn up in pursuance of a Melement of the Court of Probate on the Day on which the same shall so be delivered to the Registrar,
shall be subject to Appeal under this Act.
Void and voidable Probates and Admi-
LXXXVI. All Grants of Probates and Administrations made before the Commencement of this Act, ich may be void or voidable by reason only that the Courts from which respectively the same were nistrations. stained had not Jurisdiction to make such Grants, shall be as valid as if the same had been obtained on Courts entitled to make such Grants: Provided, that any such Grants of Probate or Administration hall not be made valid by this Act when the same shall before the Commencement of this Act have been aked or determined by any Court of competent Jurisdiction to have been void; nor shall this Act prejudice or affect any Proceedings pending at the Time of the passing of this Act in which the Validity any such Probate or Administration shall be in question: If the Result of such Proceeding shall teta invalidate the same, such Probate or Administration shall not be rendered valid by this Act; and if such Proceedings abate or become defective by reason of the Death of any Party, any Person who but for this Act would have any Right by reason of the Invalidity of such Probate or Administration shall retain such Right, and may commence Proceedings for enforcing the same within Six Calendar Months anter the Death of such Party.
Probates and Admi-
fore this Act comes in
LXXXVII. Legal Grants of Probate and Administration made before the Commencement of this Act, and Grants of Probate and Administration made legal by this Act, shall have the same Force and nistrations granted be Leet as if they had been granted under this Act, but in every such Case there shall be due and payable to operation. 1 Her Majesty such further Stamp Duty, if any, as would have been chargeable on any Probate or Administration which but for this Act would or ought to have been obtained in respect of the Personal Istite not covered by the Grant; and all Inventories and Accounts in respect thereof shall be returnable to the Court of Chancery, and all Bonds taken in respect thereof may be enforced by or under the Authority of the Court of Chancery, at the Discretion of the Court.
niay be
LXXXVIII. Provided that where any Probate or Administration has been granted before the Probate or Admi- Commencement of this Act, and the Deccased had Personal Estate in England not within the Limits of nistration the Jurisdiction of the Court by which the Probate or Administration was granted, or otherwise not within Estate not affected by granted of Personal the Operation of the Grant, it shall be lawful for the Court of Probate to grant Probate or Administration the former Grants.
aly in respect of such Personal Estate not covered by any former Probate or Administration, and such Grant may be limited accordingly.
Ecclesiastical Courts and others to transmit
LXXXIX. The Acting Judge and Registrar of every Court, and other Person now having Jurisdie Judges of present tion to grant Probate or Administration, and every Person having the Custody of the Documents and Papers of or belonging to such Court or Person, shall, upon receiving a Requisition for that Purpose, under all Wills, &c., to the The Seal of the Court of Probate, from a Registrar, and at the Time and in the Manner mentioned in such Registry. Requisition, transmit to the Court of Probate, or to such other Place as in such Requisition shall be specified, all Records, Wills, Grants, Probates, Letters of Administration, Administration Bonds, Notes of Administration, Court Books, Calenders, Deeds, Processes, Acts, Proceedings, Writs, Documents, and every other Instrument relating exclusively or principally to Matters or Causes Testamentary, to be deposited and arranged in the Registry of each District or in the Principal Registry, as the Case may require, so as to be easy of Reference, under the Control and Direction of the Court.
XC. No Judge, Registrar, or other Person who shall wilfully refuse or neglect so to transmit such Penalty for Default. Records, Wills, Grants, Probates, Letters of Administration, Administration Bonds, Notes of Administration, Court Books, Calendars, Deeds, Processes, Acts, Proceedings, Writs, Documents, or any other Instrument relating to Matters or Causes Testamentary, shall be entitled to any Compensation under this Act, and very Judge, Registrar, or other Person so refusing or neglecting shall be liable to a Penalty of One lanfred Pounds, to be sued for and recovered, together with full Costs of Suit, in any of Her Majesty's Superior Courts, by the Registrars.
XCI. One or more safe and convenient Depository or Depositories shall be provided, under the Control and Directions of the Court of Probate, for all such Wills of living Persons as shall be deposited therein for safe Custody; and all Persons may deposit their Wills in such Depository upon Payment of
uch Fees and under such Regulations as the Judge shall from Time to Time by any Order direct.
As to Depositories for safe Custody of the Wills of living l'ersons.
Sections 8 and 9 of
Court of Probate.
XCIV. Whereas by an Act passed in the Fifty-third Year of King George the Third, Chapter One Bundred and twenty-seven, it is enacted, that if any Proctor of any Ecclesiastical Court shall act as such, 53 G. 3. c. 127, repeal- or permit his Name to be used in any Suit appertaining to the Office of a Proctor, or in obtaining Probates ed in part as to the of Wills or Letters of Administration, for or on account or for the Profit or Benefit of any l'erson not entitled to act as a Proctor, or shall permit any such Person to participate in such Profit or Benefit, such Proctor shall be subject to certain Penalties therein mentioned; and it is also therein further enacted;
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