CO129-013 - Sir John Davis - 1845 [8-12] — Page 191

Sheriff of Hong-

XII. And be it further enacted and ordained, That the kong to execute Sheriff of Hongkong for the time being, shall, by himself or writs and process. his sufficient Deputy, (to be by him appointed, and duly autho- rized under his hand and seal, and for whom he shall be responsible during his continuing in such office,) execute, and the said Sheriff and his said Deputy is and are hereby autho- rized to execute, all writs, summonses, rules, orders, warrants, commands, and processes of the said Supreme Court, (other than such as shall be issued under the Summary Jurisdiction of the said Court, as hereinafter provided by Ordinance No. 6 of 1845,) and make a return of the same, together with the manner of the execution thereof, to the said Court, and to receive and detain in prison all such persons as shall be com- mitted to the custody of such Sheriff by the said Court.

Process against Sheriff.

Jurisdiction of

Court.

Legal.

Equitable.

Ecclesiastical.

XIII. And be it further enacted and ordained, That when- ever the said Supreme Court shall direct or award any process against the said Sheriff, or award any process in any cause, matter, or thing wherein the said Sheriff, on account of his being related to the parties, or any of them, or by reason of any good cause of challenge which would be allowed against any Sheriff in England, cannot, or ought not by law to execute the in every such case the said Court shall name and appoint some other fit person to execute 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.

same,

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 England, 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

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 whatsoever 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.

tion.

XVII. Provided always, and be it further enacted and Court to reserve ordained, That the said Supreme Court is hereby authorised power of revoca- and required, where Letters of Administration shall be com- mitted with the will annexed for want of an executor apply- ing 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.

Court to grant

tration to next of

or to the Registrar.

XVIII. And be it further enacted and ordained, That the said Supreme Court shall grant and commit Letters of Ad- letters of Adminis ministration to any one or more of the lawful next of kin of kin, persons so dying as 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.

B

XIX.

138