CO129-017 - Sir John Davis - 1846 [7-12] — Page 154

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21331

Ak Honble. W. E. Gladstone-

4th September, 1/8h6.

Violone, Hongkong

Fir J. H Davis,

4 Inclosures.

No 106.

Received

Rules of the Supreme Court of and transmitting additional

Referring, to sapatch N.103,

Hongkong.

In 1603 H. King

SUPREME COURT OF HONGKONG.

ECCLESIASTICAL JURISDICTION.

REGULA GENERALIS.

ANNO OCTAVO

VICTORIE REGINE,

11th November, 1844.

pu-

1. IT IS ORDERED, That when any person shall die leaving a Will, the person in whose keeping or custody it shall have been deposited,or who shall find such Will after the Testator's death,shall, roduce the same to the Registrar of the Supreme Court, within fourteen days after his decease, on pain of being prosecuted and nished for the concealment thereof, besides being civilly liable for any damages which shall have been occasioned by the delay; and he shall also make oath, or produce an affidavit (Form No. 1) verifying the time and place of the death, and stating, if such be the fact, that the Testator has left property within the juris- diction of the Court.

1

2. AND IT IS FURTHER ORDERED, That the Will so produced, shall be proved by the witnesses thereto on oath(Form No.2)in open Court, or before the Registrar thereof (who is hereby authorized to administer such oath) if they be resident within the colony of Hongkong; or by affidavit sworn before a person duly authorised to take the same if not so resident. If in the case of the Will of a soldier in actual Military service, or Mariner or Seamen at sea there be no Witnesses, then by proof of the Handwriting of the Testator, if written or signed by himself; or if neither written um signed by the Testator, then by the person who wrote it.

3. AND IT IS FURTHER ORDERED, That after the Will is so proved, a Petition shall be given in to the Court, by the Executor or Executors, praying for Probate thereof; to which petition an Affidavit, (Form No. 3.) by the said Executor or Executors, shall be annexed. Probate (Form No. 4.) shall then be granted to such Executor or Executors under the Seal of the Court. But if any of the Executors named in the Will be out of the Island of Hongkong, or shall not appear at the time of granting such probate, a clause (Form No. 5.) shall be in- serted therein, reserving a power to grant like probate to such absent Executor when he shall appear and sue for the same.

Production of WBL

Affidavit of Death.

Will how proved.

Petition for Probate,

Affidavit by Executor. Probate.

If no Executor.

Citation to next of

Commission of Ap

praisement,

AND IT IS FURTHER ORDERED, That if there be no Executor named in the Will, or if none of the Executors named therein are within the Island at the time of the Testator's death, or if being within the Island they refuse or neglect to appear, or renounce their respective trusts, in any such case, a Citation (Form No. 6.) to the next of kin shall issue, directed to the Sheriff of the Colony of kin. Hongkong or his Lawful Deputy; and a Commission (Form No. 7.) shall at the same time issue to two creditable persons, to appraise the property left by the deceased, which citation and commnission shall be made returnable within such time respectively as the Court shall judge reasonable, and shall be executed by the Sheriff and Appraisers to whom they shall be respectively directed; but in case the Sheriff shall not be able to discover who are the next of kin, or if their residences be not known to him, he shall execute the said Citation by Post- ing a Copy thereof, with a translation in the language of the deceased (if not an Englishman) on the door of the Court House, and the Registrar shall then cause an Advertisement to be inserted in one of the local Newspapers to the same effect. On the return of such Ciation if the Widow, or Widower, or next of kin of the deceased appears and applies by Petition for administration, and no opposition be made thereto, or if such opposition be made and overruled by the Court, then letters of administration (Form No. 8.) with the Will annexed shall be granted

Administration with

Bond.

to such Widow or Widower, or next of kin, on his or her giving Bond (Form Will annexed. No. 9.) with two good and sufficient securities for the due execution of the Will, (reference being had, in requiring such security, to the amount of the property returned by the appraisers) and on his or her taking the wath of administrator

arh.

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