CO129-275 - Governor Sir Robinson - 1897 [1-5] — Page 648

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

(c) For regulating the duties of the various officers of the Court;

(d) For regulating the fees to be taken by the officers of the Court and to be allowed to counsel, proctors, and solicitors practising in the Court, and the fees, charges, and costs to be taken and allowed with respect to all proceedings and all other matters in the Court;

(e) For regulating the filing, custody, and inspection of records; and

(f) Generally for the better carrying out of the provisions of this Ordinance.

(2.) No such rule or order shall be of any force or effect until it has been approved by the Legislative Council and published in The Gazette.

75. Until such rules and orders have been made as aforesaid, the Court may direct, either generally or in any particular case, that the rules and orders now in force or which may hereafter be in force in relation to matters of probate and administration in the Probate Division of the High Court of Justice in England or any part thereof, and the forms of proceedings in use therein, or any of them, subject to their applicability and with such modifications as the circumstances may require, shall be followed and adopted in the Court, and any such direction shall take effect accordingly.

76. An official copy of the whole or any part of a will, or an official certificate of the grant of any administration, may be obtained from the Registry of the Court on the payment of such fees as may be fixed for the same by the rules and orders made under this Ordinance.

Temporary Provisions.

77. All administrations heretofore granted to any Official Administrator shall be deemed to have been made to the Official Administrator for the time being and to his successors in office: Provided that no act heretofore done by any person under any grant of administration made to him as Official Administrator shall be deemed to be affected or rendered invalid on account of the passing of this Ordinance.

78. All non-contentious business pending in the Court at the commencement of this Ordinance shall be deemed to have been commenced under this Ordinance; and all acts executed under the authority of the Court with reference to such business which would have been valid if the enactments hereby repealed were still in operation shall be valid; and all oaths sworn and bonds executed in manner required by the Court in reference to such business prior to the commencement of this Ordinance shall continue to have and be deemed to have had the same force and effect in law as they would have had if sworn and executed in pursuance of the provisions of this Ordinance.

79. All commissions heretofore collected by the Official Administrator on any moneys received or taken possession of, or realized or otherwise dealt with, by the Official Administrator and paid over to the Colonial Treasurer for the public use of the Colony are hereby declared to have been lawfully collected and paid over.

80. The provisions of section 25 shall apply, with such modifications as the Judge may direct, in the case of any sum of money of the kind mentioned in the said section which is, at the commencement of this Ordinance, in the hands of the Official Administrator.

81. The Ordinances mentioned in the Third Schedule to this Ordinance are hereby repealed: Provided that such repeal shall not affect

(1.) Any Order-in-Council or rules or orders made, or any tables of fees, costs, and charges fixed, under any of the said Ordinances, but any such Order-in-Council, rules or orders, and tables shall remain in force until revoked, altered, varied, rescinded, or abrogated under this Ordinance, and any Order-in-Council, rules, orders, or tables referring to or made under any of the said Ordinances shall have effect in the same manner as if it or they referred to the corresponding enactments contained in this Ordinance; or

(2.) Any probate or administration granted, or other act or thing done, under any of the said Ordinances.

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Application of rules and orders of Probate Division of High Court in England. (No. 9 of 1879, s. 15.)

Copy of will, or certificate of grant of administration. (No. 5 of 1860, s. 23.)

Validation of commissions charged. (No. 13 of 1890, s. 3.)

Application of provisions of s. 25 to Official Administrator.

Repeal of enactments. Third Schedule.

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(c) For regulating the duties of the various officers of the Court; (d) For regulating the fees to be taken by the officers of the Court and to be allowed to counsel, proctors, and solicitors practising in the Court, and the fees, charges, and costs to be taken and allowed with respect to all proceedings and all other matters in the Court; (e) For regulating the filing, custody, and inspection of records; and (f) Generally for the better carrying out of the provisions of this Ordinance. (2.) No such rule or order shall be of any force or effect until it has been approved by the Legislative Council and published in The Gazette. 75. Until such rules and orders have been made as aforesaid, the Court may direct, either generally or in any particular case, that the rules and orders now in force or which may hereafter be in force in relation to matters of probate and administration in the Probate Division of the High Court of Justice in England or any part thereof, and the forms of proceedings in use therein, or any of them, subject to their applicability and with such modifications as the circumstances may require, shall be followed and adopted in the Court, and any such direction shall take effect accordingly. 76. An official copy of the whole or any part of a will, or an official certificate of the grant of any administration, may be obtained from the Registry of the Court on the payment of such fees as may be fixed for the same by the rules and orders made under this Ordinance. Temporary Provisions. 77. All administrations heretofore granted to any Official Administrator shall be deemed to have been made to the Official Administrator for the time being and to his successors in office: Provided that no act heretofore done by any person under any grant of administration made to him as Official Administrator shall be deemed to be affected or rendered invalid on account of the passing of this Ordinance. 78. All non-contentious business pending in the Court at the commencement of this Ordinance shall be deemed to have been commenced under this Ordinance; and all acts executed under the authority of the Court with reference to such business which would have been valid if the enactments hereby repealed were still in operation shall be valid; and all oaths sworn and bonds executed in manner required by the Court in reference to such business prior to the commencement of this Ordinance shall continue to have and be deemed to have had the same force and effect in law as they would have had if sworn and executed in pursuance of the provisions of this Ordinance. 79. All commissions heretofore collected by the Official Administrator on any moneys received or taken possession of, or realized or otherwise dealt with, by the Official Administrator and paid over to the Colonial Treasurer for the public use of the Colony are hereby declared to have been lawfully collected and paid over. 80. The provisions of section 25 shall apply, with such modifications as the Judge may direct, in the case of any sum of money of the kind mentioned in the said section which is, at the commencement of this Ordinance, in the hands of the Official Administrator. 81. The Ordinances mentioned in the Third Schedule to this Ordinance are hereby repealed: Provided that such repeal shall not affect (1.) Any Order-in-Council or rules or orders made, or any tables of fees, costs, and charges fixed, under any of the said Ordinances, but any such Order-in-Council, rules or orders, and tables shall remain in force until revoked, altered, varied, rescinded, or abrogated under this Ordinance, and any Order-in-Council, rules, orders, or tables referring to or made under any of the said Ordinances shall have effect in the same manner as if it or they referred to the corresponding enactments contained in this Ordinance; or (2.) Any probate or administration granted, or other act or thing done, under any of the said Ordinances. Page 1 ... Application of rules and orders of Probate Division of High Court in England. (No. 9 of 1879, s. 15.) Copy of will, or certificate of grant of administration. (No. 5 of 1860, s. 23.) Validation of commissions charged. (No. 13 of 1890, s. 3.) Application of provisions of s. 25 to Official Administrator. Repeal of enactments. Third Schedule. 1 640 13 1
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1 () (.) For regulating the duties of the various officers of the Court; (e) For regulating the fees to be taken by the officers of the Court and to be allowed to counsel, proctors, als dicitors practising in the Court, and the fees, churges, and costs to be taken and allowed with respect to all proceedings and all other matters in the Court; (d) For regulating the filing, custody, and inspection of records; and (e) Generally for the better carrying out of the pro- visions of this Ordinance, (2.) No such rule or order shall be of any force or effect until it has been approved by the Legistative Council and published in The Gazette. 75. Until such rules and orders have been made as afore- said, the Court may direct, either generally or in any parti- eular case, that the rules and orders now in force or which may hereafter be in force in relation to matters of probate and administration in the Probate Division of the High Court of Justice in England or any part thereof, and the forms of proceelings in use therein, or any of them, subject to their applicability and with such modifications as the eircumstances may require, shall be followed and adopted in the Court, and any such direction shall take effect neeord- ingly, 78. An official copy of the whole or any part of a will, or an official certificate of the grant of any administration, may be obtained from the Registry of the Court on the payment of such foos as may be fixed for the same by the rules and orders made nuder this Onliuaner. Temporary Provisions. 77. All administrations heretofore granted to any Official Administrator shall be deemed to have been made to the Official Administrator for the time being and to his suc- cessors in office: Provided that no net heretofore done by any person under any gram of administration made to hi as Official Administrator shall be deemed to be affected or rendered invalid on account of the passing of this Ordinance. 78. All non-contentions business pending in the Court at the cominencement of this Ordinance shall be deemed to have been comuenced under this Ordinance; and all acts executed under the authority of the Court with reference to such business which would have been valid if the enact- ments hereby repealed were still in operation shall be valid; and all oaths sworn and bowls executed in manner required by the Court in reference to such business prior to the commencement of this Ordinance shali continue to have and be deemed to have had the same force and effect in law as they would have had if sworn and executed in pursuance of the provisions of this Ordinance. 79. All commissions heretofore collected by the Official Administrator on any moneys received or taken possessiou of, or realized or otherwise dealt with, by the Official Admi- nistrator and paid over to the Colonial Treasurer for the public use of the Colony are hereby declared to have been lawfully collected and paid over. 80. The provisions of section 25 shall apply, with such modifications as the Judge may direct, in the case of any sum of money of the kind mentioned in the said section which is, at the commencement of this Ordinance, in the hands of the Official Administrator. $1. The Ordinances mentioned in the Third Schedule to this Ordinance are hereby repealed: Provided that such repeal shall not affect (1.) Any Order-in-Council or rules or orders made, or any tables of fees, costs, and charges fixed, under any of the said Ordinances, but any such Order-in-Council, rules or orders, and tables shall remain in force und revoked, altered, varied, rescinded, or abrogated under this Ordinance, and any Order-in-Council, rules, orders, or tables referring to or male nder any of the said Ordinances shall have effect in the same manner as if it or they referred to the corresponding caetments contained in this Ordinance; or (2.) Any probate or administration granted, or other act or thing done, ander any of the said Ordinances. Application of ruler and urdere of Frbate Division of High Court in England rules and orders miedo. (No. 9 of 1979, 15. tec. Copy of will, No. 5 of 1860, . 23.3 Chullorante to freeTTA in slice of ministration Ask.) Ofel 4- MİNİSTRANDE. No. 13 of 1590. 3.) Cennet of purdiny non- continuous busi (No. of 150, .37.) Validation of pas: entemia- sions charged. Application of provistous of . 25 to ey's GH Ofcial Adie)- nistrator. Kepeal of enactmeal. Tairi Sched 1 640 13 1
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(.) For regulating the duties of the various officers

of the Court;

(e) For regulating the fees to be taken by the officers

of the Court and to be allowed to counsel, proctors,

als dicitors practising in the Court, and the fees, churges, and costs to be taken and allowed with respect to all proceedings and all other matters in the Court;

(d) For regulating the filing, custody, and inspection

of records; and

(e) Generally for the better carrying out of the pro-

visions of this Ordinance,

(2.) No such rule or order shall be of any force or effect until it has been approved by the Legistative Council and published in The Gazette.

75. Until such rules and orders have been made as afore- said, the Court may direct, either generally or in any parti- eular case, that the rules and orders now in force or which may hereafter be in force in relation to matters of probate and administration in the Probate Division of the High Court of Justice in England or any part thereof, and the forms of proceelings in use therein, or any of them, subject to their applicability and with such modifications as the eircumstances may require, shall be followed and adopted in the Court, and any such direction shall take effect neeord-

ingly,

78. An official copy of the whole or any part of a will, or an official certificate of the grant of any administration, may be obtained from the Registry of the Court on the payment of such foos as may be fixed for the same by the rules and orders made nuder this Onliuaner.

Temporary Provisions.

77. All administrations heretofore granted to any Official Administrator shall be deemed to have been made to the Official Administrator for the time being and to his suc- cessors in office: Provided that no net heretofore done by any person under any gram of administration made to hi as Official Administrator shall be deemed to be affected or rendered invalid on account of the passing of this Ordinance.

78. All non-contentions business pending in the Court at the cominencement of this Ordinance shall be deemed to have been comuenced under this Ordinance; and all acts executed under the authority of the Court with reference to such business which would have been valid if the enact- ments hereby repealed were still in operation shall be valid; and all oaths sworn and bowls executed in manner required by the Court in reference to such business prior to the commencement of this Ordinance shali continue to have and be deemed to have had the same force and effect in law as they would have had if sworn and executed in pursuance of the provisions of this Ordinance.

79. All commissions heretofore collected by the Official Administrator on any moneys received or taken possessiou of, or realized or otherwise dealt with, by the Official Admi- nistrator and paid over to the Colonial Treasurer for the public use of the Colony are hereby declared to have been lawfully collected and paid over.

80. The provisions of section 25 shall apply, with such modifications as the Judge may direct, in the case of any sum of money of the kind mentioned in the said section which is, at the commencement of this Ordinance, in the hands of the Official Administrator.

$1. The Ordinances mentioned in the Third Schedule to this Ordinance are hereby repealed: Provided that such repeal shall not affect

(1.) Any Order-in-Council or rules or orders made, or any tables of fees, costs, and charges fixed, under any of the said Ordinances, but any such Order-in-Council, rules or orders, and tables shall remain in force und revoked, altered, varied, rescinded, or abrogated under this Ordinance, and any Order-in-Council, rules, orders, or tables referring to or male nder any of the said Ordinances shall have effect in the same manner as if it or they referred to the corresponding caetments contained in this Ordinance; or

(2.) Any probate or administration granted, or other act

or thing done, ander any of the said Ordinances.

Application

of ruler and urdere of Frbate

Division of High Court in England rules and orders miedo. (No. 9 of 1979,

15.

tec.

Copy of will,

No. 5 of 1860,

. 23.3

Chullorante

to freeTTA in slice of

ministration Ask.) Ofel 4- MİNİSTRANDE.

No. 13 of 1590.

3.)

Cennet of

purdiny non- continuous busi (No. of 150,

.37.)

Validation of

pas: entemia- sions charged.

Application

of provistous of . 25 to

ey's GH

Ofcial Adie)- nistrator.

Kepeal of enactmeal. Tairi

Sched

1

640

13

1

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