ORDINANCE No. 8 of 1860.
Probate and Administration.
hear and determine all questions relating 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 probates, 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.
Supreme Court.
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No officer under this
4. No officer or clerk of the said Supreme Court in its Probate Jurisdiction shall, during the time of his holding such office, directly or indirectly practise as an advocate, barrister, proctor, solicitor, or attorney, or receive or participate in the fees of any other person so practising.
5. The Judge shall cause a seal to be made for the said Court in its Probate Jurisdiction, 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 instruments, and exemplifications and copies thereof, respectively, purporting to be sealed with such seal shall be received in evidence without further proof thereof.
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act as
advocate, &c.
Seal of Court to be provided.
Power to examine witnesses.
6. 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 examination, 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 any deeds, evidences, or writings, in the same form, as nearly as may be, as that in
As to production of deeds, &c.