468
Amount of penalty of bond.
Void or voidable grants of probates and letters of administration.
Fees to be taken by officers of Court, &c.
ORDINANCE No. 8 of 1860.
Probate and Administration.
for duly collecting, getting in, and administering the personal estate of the deceased, which bond shall be in such form as the Judge shall from time to time direct: Provided that it shall not be necessary for the Superintendent of Police for the time being applying for or obtaining administration of the estates of policemen dying in the Colony as hereinafter provided for to give any such bond as aforesaid.
41. Such bond shall be in a penalty of double the amount under which the estate and effects of the deceased shall be sworn, unless the Court shall in any case think fit to direct the same to be reduced, in which case it shall be lawful for the Court so to do, and the Court may also direct that more bonds than one shall be given so as to limit the liability of any surety to such amount as the Court shall think reasonable.
42. All grants of probates and administrations made before the date of this Ordinance which may be void or voidable by reason only that the same were made under Ordinance No. 6 of 1845, and all acts or things done in respect thereof shall be as valid as if the same had been made under Ordinance No. 5 of 1858: Provided that any such grants of probate or administration shall not be made valid by this Ordinance when the same shall before the date hereof have been revoked or determined by the Supreme Court to have been void; nor shall this Ordinance prejudice or affect any proceedings pending at the time of the passing of this Ordinance in which the validity of any such probate or administration shall be in question: If the result of such proceeding shall be to invalidate the same, such probate or administration shall not be rendered valid by this Ordinance and if such proceedings abate or become defective by reason of the death of any party, any person who but for this Ordinance 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 after the death of such party.
43. The Chief Justice of the Supreme Court with the concurrence of the Legislative Council shall as soon as conveniently may be after the passing of this Ordinance fix a table or rules of fees to be taken by the officers of the Court in its Probate Jurisdiction and the proctors, solicitors, and attorneys practising therein, in respect of business under this Ordinance, and of fees to be payable in respect of searches, inspection,