844
No. 2 of 1897.
[20 & 21 Vict. c. 77 s. 23.]
Power of altering probate, etc., already granted.
Prohibition of officer of the Court practising.
Scaling of documents. [ib. s. 22.]
Powers as to requiring attendance of and examining parties and witnesses. [ib. s. 24.].
PROBATES.
letters of administration of the estates of deceased persons, together with full authority to hear and determine all questions relating to matters and causes testamentary, shall as heretofore belong to and be vested in and be exercised in the name of His Majesty by the Supreme Court.
(2) The Supreme Court shall as heretofore, 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 this Colony, and in relation to the estates in this Colony 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 estates of deceased persons within the jurisdiction of the 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, and matters and causes testamentary shall be performed by the Supreme Court under the probate jurisdiction hereby continued: Provided that no suits for legacies, or suits for the distribution of residues, shall be entertained by the Supreme Court in its probate jurisdiction.
4. The judge shall have and may exercise full power of altering and amending any grant of probate or of administration, whether made before or after the commencement of this Ordinance.
5. No officer or clerk of the Court shall, during the time of his holding such office, directly or indirectly practise as a barrister or solicitor, or receive or participate in the fees of any other person so practising.
6. All probates, administrations, orders and other instruments, and all exemplifications and copies thereof, shall respectively be sealed with the seal of the Supreme Court; and any such document purporting to be so sealed shall be received in evidence, in any cause or proceeding of whatever kind, without further proof thereof.
7.-(1) The 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 action or other proceeding in respect of matters or causes testamentary, and may examine or cause to be examined upon oath parties and witnesses by word of mouth, and
* As amended by No. 49 of 1912 Supp. Schied.