ORDINANCE No. 8 of 1860 . 461


Probate and Administration.


duties in reference to matters and causes testamentary as may be assigned

to them from time to time by any rules and orders under this Ordinance
and the Commissioners for taking oaths in the said Court in its Common
sioners.
Law and Equitable Jurisdiction shall be Commissioners for taking oaths
and declarations in the said Court in its Probate Jurisdiction .

10. In cases where it is necessary to obtain affidavits, declarations, or affirmations Affidavits, &c.
before whom to
to be used in the said Court in its Probate Jurisdiction from persons residing in foreign be made when
persons making
them reside in
parts the same may be sworn, declared , or affirmed before the persons empowered to foreign parts.
administer oaths under the Act of the 6th Geo. IV. c. 87 or under the Act of the 18th
and 19th Vict . c. 42 : Provided that in places where there are no such persons as are
mentioned in the said Acts, such affidavits , declarations, or affirmations may be made,
declared, and affirmed before any foreign local Magistrate or other person having
authority to administer an oath . [ Repealed by Ordinance No. 1 of 1861 and new section
substituted.]

11. Affidavits, declarations, and affirmations to be used in the said Court in its Affidavits madein
British doi
Probate Jurisdiction may be sworn , made, and taken in any place out of the Colony of nions before
whom to be
sworn.
Hongkong under the Dominion of Her Majesty before any Court, Judge, Notary Public ,
or person lawfully authorized to administer oaths in such place: And all officers of
the said Court shall take judicial notice of the seal or signature, as the case may be, of
any such Court, Judge, Notary Public, or person which shall be attached, suspended ,
or subscribed to any such affidavit, declaration , or affirmation or to any other docu
ment. [ Repealed by Ordinance No. 1 of 1861 and new section substituted . ]

12. If any person forge the signature of any Registrar or Commis Penalty on
forging or
sioner for taking oaths or forge or counterfeit any seal of the said Court in counterfeit
ing seals or
its Probate Jurisdiction or forge or counterfeit any such seal or signature signature.
as in the last preceding section is mentioned or any seal or signature im
pressed, affixed , or subscribed under the provisions of the said Act ofthe
6th Geo. IV. cap . 87 or the 18th and 19th Vict . cap . 42 to any affidavit,
declaration, or affirmation to be used in the said Court in its Probate Ju

risdiction or willingly use or concur in using any such forged or counter
feit signature or seal or tender in evidence any document as aforesaid
with a false or counterfeit signature or seal knowing the same signature
or seal to be false or counterfeit, every such person shall be guilty of felony.
and shall upon conviction be liable to penal servitude for the term of his
life or any term not less than seven years or to imprisonment for any term
not exceeding three years with or without hard labour : And whenever

any such document has been admitted in evidence by virtue of this Act ,
the Court or the person who has admitted the same may at the request
of any party against whom the same is so admitted in evidence, direct

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