Rules of Evidence to be observed as at common Law.
Court may cause
·
and 1st Will. IV. cap. 22, for enabling the Courts of Law at Westminster to issue Com- missions and give Orders for the Examination of Witnesses in Actions depending in ch Courts, and to enforce such Examination and all the Provisions of the said Acts, d of any other Acts for enforcing or otherwise applicable to such Examination and the Wit- nesses examined, shall extend and be applicable to the said Court in its Probate Juris- diction and to the Examination of Witnesses under the Commissions and Orders of the said Court, and to the Witnesses examined, as if such Court were One of the Courts of Law at Westminster, and the Matter before it were an Action pending in such Courts.
XVI. The Rules of Evidence observed in the Supreme Court in its Common Law Jurisdiction shall be applicable to and observed in the Trial of all Questions of Fact in the said Court in its Probate Jurisdiction.
XVII. It shall be lawful for the said Court to cause any Question of Fact arising Questions of Fact to in any Suit or Proceeding under this Ordinance to be tried by a Special or Common the application of any Party or Parties to the Proceeding made in that be-
he tried by a Jury.
Powers of the Court
tious by Jury.
Jury upon half.
XVIII. When the Court shall order a Question of Fact to be tried by a Jury, the for the Trial of Ques- Court may make all such Rules and Orders upon the Sheriff or any other Person for procuring the Attendance of a Special or Cominon Jury for the Trial of such Question as may now be made by the Supreme Court in its Common Law Jurisdiction, and may also make any other Orders which to such Court may seem requisite: And every such Jury shall be struck, summoned, ballotted for, and called in like manner as if such Jury were a Jury for the Trial of any cause in the said Supreme Court in its Common Law Jurisdiction; and every Juryman so summoned shall be entitled to the same Rights, and subject to the same Duties and Liabilities, as if he had been duly summoned for the Trial of any such Cause in the said Supreme Court and every Party to any such Pro- ceeding shall be entitled to the same Rights as to Challenge and otherwise as if he were a Party to any such Cause: And generally for the Purposes of or auxiliary to the Trial of Questions of Fact by a Jury before the Court itself, and in respect of new Trials thereof, and also for the Purposes in relation to or consequential upon the Direction of Issues, the said Court in its Probate Jurisdiction shall have the same Jurisdiction, Powers, and Authority in all respects as belong to the said Supreme Court in its Common Law or Equitable Jurisdiction for the like Purposez.
Question to be stated
to try it.
XIX. When any such Question shall be so ordered to be tried by a Jury before the and the Jury sworn Court itself, such Question shall be reduced into Writing in such Form as the Court shall direct, and at the Trial the Jury shall be impanelled to try the said Question, and a true Verdict to give thereon according to the Evidence and upon every such Trial the Court shall have the same Powers, Jurisdiction, and Authority as belong to the said Judge of the said Supreme Court sitting at Nisi Prius.
The Judge may sit Sa Chambers.
Powers of Judge
XX. It shall be lawful for the Judge of the said Court for the Time being to sit in Chambers for the dispatch of such Business of the said Court under this Ordinance as can, in the opinion of the said Judge with Advantage to the Suitors, be heard in Cham- bers: And the Times at which such Sittings shall be held shall from Time to Time be fixed by the Judge. Provided always that no Questions shall be heard in Chambers which either Party shall require to be heard in open Court.
XXI. The Judge of the said Court when so sitting in Chambers shall have and when Sitting inCham- exercise the same Power and Jurisdiction in respect of the Business to be brought be
fore him as if sitting in open Court.
hers.
Caveats.
Judge to cause Ca- lendars to be made
XXII. Caveats against the Grant of Probates or Administration may be lodged in the Registry of the said Court in its Probate Jurisdiction and (subject to any Rules or Orders under this Ordinance) the Practice and Procedure under such Caveats in the Court of Probate shall as near as may be, correspond with the Practice and Procedure under Caveats heretofore in use in the said Supreme Court in its Ecclesiastical Juris diction.
XXIII. The Judge shall cause to be made from Time to Time in the Registry of from Time to Time, the said Court in its Probate Jurisdiction, Calendars of the Grants of Probate and Ad- ministration therein for such Periods as the Judge may think fit, each such Calendar to contain a Note of every Probate or Administration with the Will annexed granted with in the Period therein specified, and also a Note of every other Administration granted within the same Period, such respective Notes setting forth the Dates of such Grants the Names of the Testators and Intestates, the Place and Time of Death, the Names and Descriptions of the Executors and Administrators, and the Value of the Effects as set
No. 9 or 1870.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend Ordinance No. 8 of 1860, and to make further Provision in relation to the Administration of the Estate and Effects of Deccased Persons.
[19th August, 1870.]
21192
(REGE 20 DEC 79
Title.
WHEREAS it is expedient to amend Ordinance No. 8 of Preamble.
1860, and to make further Provision in relation to the Administration of the Estate and Effects of Decensed Persons: Be
it cuncted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:--
I. It is hereby declared that the Registrar of the Supremne Declaratory as Court is "Ex-Officio" Official Administrator under Ordinance No. to "Official 8 of 1860.
Administra-
tor."
II. In the Administration of the Estate of every Person who Distinction shall die after the passing of this Ordinance, no Debt or Liability between of such Person shall be entitled to any Priority or Preference by Specialty and
Simple Con- Reason merely that the same is secured by or arises under a Bond, fract Debts Deed, or other Instrument under Seal, or is otherwise made or abolished. constituted a Specialty Debt; but all the Creditors of such Person, as well Specialty as Simple Contract, shall be treated as standing in equal Degree, and be paid accordingly out of the Assots of such Deceased Person, whether such Assets are Legal or Equit- able, any other Law to the contrary notwithstanding: Provided always, that this Ordinance shall not prejudice or affect any Lien, Charge, or other Security which any Creditor may hold or be entitled to for the Payment of his Debt.
Order to
III. Any Executor or Aahainistrator may apply by Summary Executor or Petition to the Supreme Court, for an Order limiting the Time for Administrator Creditors and others to send in their Claims against the Estate of may apply for the Testater or Intestate and specifying what Notices are to be distribute given of the making of such Order, and of the Time thereby assets. limited; and where an Executor or Administrator shall have given the Notices specified in ench Order, he shall at the Expira- tion of the Time limited thereby for sending in such Claims, be at Liberty to distribute the Assets of the Testator or Intestate or any Part thereof, amongst the Parties entitled thereto, having Regardl to the Clabus of which such Executor or Administrator has then Notice, and shall not be liable for the Assets or any Part thereof, so distributed to any Person of whose Claim such Executor or Administrator shall not have had Notice at the Time of Distribn- tion of the said Assets or a Part thereof, as the Case may be; but nothing in this Section contained shall prejudice the Right of any Creditor or Claimant to follow the Assets or any Part thereof, into the Hands of the Persons who may have received the same respectively.
IV. It shall be lawful for the Official Administrator, whenever Official Admi- he shall think it expedient sa to do and upon such Evidence of uistrator may Death as he shall deem sufficient, to take Possession of the private take Possession Papers, Monies, Goods, Chattels and other moveable Property of Property of
any Deceased whatsoever of any deceased Person which shall be found within Person until the Colony and to provide for the safe Custody thereof, until Grant of Pro- Probate of the Will of such deceased Person or Letters of Ailmi- bate or Admi nistration of his Estate and Effects shall have been granted by the Supreme Court: Provided always that the Official Administrator may, in lien thereof, if he shall think fit, issue forthwith a Com- mission of Appraisement of the said Property.
nistration.
V. Any Person who shall without lawful Authority or Excuse Penalty for remove or attempt to remove out of the Colony any such Pro- removing,
125
pp.
No comments yet.
Private notes are available after approval.