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Jurisdiction of Court.
Legal.
Equitable.
Ecclesiastical.
COLONIAL ORDINANCES.
Court shall Name and-Appoint some other fit Person to exccute and return the same, and the said Process shall be directed to the Person so to be named for that purpose, and the Cause of such Special Proceed- ings shall be suggested and entered on the Records of the said Court.
Court to reserve Power of Revocation.
XIV. And be it further enacted and ordained, That the said Supreme Court shall have the same Jurisdiction in the said Colony of Hongkong and its Dependencies, as Her Majesty's Courts of Queen's Bench, Common Pleas, and Exchequer, lawfully have in England; and shall be a Court of Oyer and Terminer and Gaol Delivery, Assize, and Nisi Prius.
XV. And be it further enacted and ordained, That the said Supreme Court shall be a Court of Equity, with such and the like Jurisdiction as the Court of Chancery in England; and shall have and execute all and singular the Powers and Authorities of the Lord High Chancellor of Great Britain, with full Liberty to appoint and control Guardians of Infants, and their Estates, and also Keepers of the Persons and Estates of Idiots, Lunatics, and such as being of Unsound Mind, are unable to govern Themselves and their Estates.
XVI. And be it further enacted and ordained, That the said Supreme Court shall be a Court of Ecclesiastical Jurisdiction, with full Power to grant Probates, under the Seal of the said Court, of the last Wills and Testaments of all or any of the Inhabitants of the said Colony and its Dependencies, and all other Persons who shall die, and leave personal Effects within the said Colony and its Dependencies ; and to commit Letters of Administration, under the Seal of the said Court, of the Goods, Chattels, Credits, and all other Effects whatsoever of the Persons aforesaid, who shall die Intestate, or who having left a Will, shall not have named an Executor resident within the said Colony or its Dependencies; or where an Executor, resident as aforesaid, being duly cited, shall not appear and sue forth such Probate; annexing the Will to the Letters of Administration, when such Persons shall have left a Will without naming an Executor; or where an Executor shall have been named not resident within the said Colony; or where an Executor shall have been named resident within the said Colony or its Dependencies, but who, being duly cited thereunto, shall not appear and sue forth a Probate thereof; and to sequester the Goods and Chattels, Credits, and other Effects what- soever of such Persons so dying, in Cases allowed by Law, as the same is and may be now used in the Diocese of London; and to Demand, Require, Take, Hear, Examine, and Allow, and, if occasion require, to Disallow and Reject the Account of them, in such Manner and Form as may be used in the said Diocese, and to do all other things whatsoever needful and necessary in that behalf,
XVII. Provided always, and be it further enacted and ordained, That the said Supreme Court is hereby authorised and required, where Letters of Administration shall be committed with the Will annexed for want of an Executor applying in due Time to sue forth the Probate, to reserve in such Letters of Administration full Power and Authority to revoke the same, and to grant Probate of the said Will to such Executor, whenever he shall duly appear and sue forth the same.
XVIII.
9° VICTORIÆ.-—No. 6 of 1845.
19
ters of Administration
XVIII. And be it further enacted and ordained, That the said Court to grant Let- Supreme Court shall grant and commit Letters of Administration to to Next of kin of to any one or more of the lawful Next of Kin of Persons so dying as the Registrar. aforesaid, being then resident within the Jurisdiction of the said Court, and being of the Age of Twenty-one Years; and in case no such Person shall then be residing within the Jurisdiction of the said Court, or, being duly cited, shall not appear and pray the same, to the Registrar of the said Court, or to such Person or Persons, whether Creditor or Creditors, or not, of the deceased Person, as the Court shall see fit: Provided always, that Probates of Wills, and Letters of Administration to be granted by the said Court, shall be limited to such Money, Goods, Chattels, Credits, and Effects as the deceased Person at the Time of his or her Death shall have been entitled to within the said Colony of Hongkong and its Dependencies.
Administrator
enter into Bond,
XIX. And be it further enacted and ordained, That every Person to whom Letters of Administration shall be committed shall, before the granting thereof, give sufficient Security, by Bond to be entered into to Her Majesty, Her Heirs, and Successors, for the Payment of a certain Sun of Money with One, Two, or more Sureties, respect being had to the Value of the Estates, Credits, and Effects of the Deceased; which Bond shall be deposited in the said Court among the Records thereof, and there safely kept, and a Copy thereof shall be also recorded among the Proceedings of the said Court; and the Condition of the said Bond shall be to the following Effect,-"that if Condition of Bond. "the above bounden Administrator of the Goods, Chattels, and Effects of the Deceased, do make, or cause to be made, a true and perfect "Inventory of all and singular the Goods, Credits, and Effects of the "said Deceased, which have or shall come to the Hands, Possession, "or Knowledge of him the said Administrator, or to the Hands or Possession of any other Person or Persons for him, and the same "so made do exhibit into the Supreme Court of Hongkong, at or "before a Day therein to be specified; and the same Goods, Chattels, Credits and Effects, and all other the Goods, Chattels, Credits, and Effects of the Deceased at the Time of his Death, or which at any time afterwards shall come to the Hands or l'ossession of such
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Administrator, or to the Hands or Possession of any other Person or Persons for him, shall well and truly administer according to Law;
and further shall make, or cause to be made, a true and just Account of his said Administration, at or before a Time therein to be specified, and afterwards from Time to Time as he, she, or they "shall be lawfully required; and all the Rest and Residue of the said "Goods, Chattels, Credits, and Effect which shall be found from Time to Time remaining upon the said Administration Account, the same "being first examined and allowed by the said Court, shall and do pay and dispose of in a due course of Administration, or in such Manner as the said Court shall direct, then this Obligation to be Void and of none Effect, or else to be and remain in full Force and Virtue." And in case it shall be necessary to put the said Bond in Suit, for the sake of obtaining the Effect thereof for the Benefit of' such Person or Persons as shall appear to the said Court to be interested therein, such Person or Persons from Time to Time giving satisfactory Security for Paying all such Costs as shall arise from the said Suit, such Person or Persons shall, by Order of the said Court, be allowed to sue the same in the Name of the Attorney-
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General
How Bond to be put in Suit.
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