Powar topply provisions
relating Lu Jeleniki probatus to British Posszanton.
Sealing of
rebate or ad- ministration granted lo British Porvision.
and effect tilezat.
Application
of provision relating to colonial Frohsccm.
Extension of protinions relating to
colonial Probates to probarea, etc., granted by
Beldish Court
Les fro
country.
Making of
general rules and orders relating to
practice duties of enter, Tos,
st repurda (NB 18001 43: No. of
1970, 10.)
"Probate Duty" includes any stamp or other duty pay- able on the value of the estate for which probate or administration is granted:
"British Court in a foreign country" means any British Court having jurisdiction out of Her Majesty's domi- nions in pursuance of an Order of Her Majesty-in- Council, whether made under any Act of Parliament or otherwise:
"British Possession" includes any part of British Pos-
session having a separate legislature.
70.-1.) The Governor-in-Council may, on being satis- fied that the legislature of any British Fossession has made adequate provision for the recognition in that Possession of probates and administrations granted by the Court, direct by Order that the provisions of this Part relating to colonial probates shall, subject to any exceptions and modifications specified in the Order, apply to that Possession, and there- upon, while the Order is in force, those provisions shall apply accordingly.
(2.) The Governor-in-Council may by Order revoke or alter any Order previously made under this Ordinance, or under any Ordinance hereby repealed.
(3.) Every such Order-in-Council shall be published in The Gazette.
71.-(1) Where Court of Probate in a British Posses- sion to which the provisions of this Part relating to colonial probates apply has granted probate or administration in respect of the estate of a decensed person, the probate er administration so granted may, on being produced to and a copy thereof deposited with the Court, be sealed with the seal of the Court, and thereupon shall be of the like forro and effect and have the same operation in the Colony as if granted by the Court.
(2.) Provided that the Court shall, before sealing a pro- bate or administration under this sectiou, he satisfied-
(a.) That probate duty has been paid is respect of so rauch, if any, of the estate as is liable to probate duty in the Colony; nud
(.) In the case of administration, that security has been given in a sum sutficient in amount to cover the property, if any, in the Colony to which the ad- ministration relates;
and the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.
(3.) The Court may also, if it thinks fit, on the applica- tion of any creditor, require, beforo scaling, that adequate security be given for the paymeur of debts due from the estate to creditors residing in the Colony.
(1.) For the purposes of this section, a duplicate of any probate or administration sealed with the seal of the Court of Probate granting the same, or a copy thereof certified as correct by or under the authority of such Court, shn!! have the same effect as the original.
(5.) All Ordinances, enactments, and rules of Court for the time being in force in the Colony in relation to probate duty, or in relation to fees and costs in the Court, shall upply to applications for scaling under this section to the same extent and in the same manner as if the person who applies for such sealing were a person applying to the Court for probate or administration.
72. The provisions of this Part relating to colonial pro- bates shall apply to probates and administration granted iu a British Possession to which this Ordinance is applied, either before or after the commencement of this Ordinance. 73. The provisims of this Part relating to colonial pro- bates shall extend to authorize the sealing by the Court of any probate or administration granted by a British Court in a foreign country in like manter as they authorize the sealing of a probate or administration grauted in a British Possession to which the said provisions apply, and the said provisions shall apply accordingly, with the necessary modifications,
PART VII.
MISCELLANEOUS PROVISIONS.
74.-(1) The Chief Justice way from time to time make general rules and orders for the following purposes, and may from time to time vary or rescind the same, that is
b) say,-
(a.) For regulating the practice and procedure of the Comt, and the several forms of petitions, orders, and other proceedings to be used in the Court;
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