ORDINANCE No. 8 of 1860 . 459
Probate and Administration.
hear and determine all questions relating to matters and causes testamen Supreme
Court.
tary, 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 Jurisdic
tion.
4. No officer or clerk of the said Supreme Court in its Probate Juris No officer
under this
diction shall during the time of his holding such office directly or indirectly Ordinance to
act as
practise as an advocate , barrister, proctor, solicitor , or attorney , or receive advocate, &c.
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 Seal of Court
to be
Probate Jurisdiction and may cause the same from time to time to be provided.
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.
6. The said Court may require the attendance of any party in person , Power to
examine
or of any person whom it may think fit to examine or cause to be exa witnesses.
mined 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 affirma
tions , 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, As to produc
tion of deeds,
evidences, or writings , in the same form, as nearly as may be as that in & c.