223025-1935-Supplementary-Draft-Bills--Ferries-Amendment-Probates-Amendment — Page 3

Conditions

to be fulfilled before sealing.

Security

of debts.

1944

68. The Court shall, before sealing a probate or letters of administration under this Part, be satisfied:

(a) that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in the Colony; and

(b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the letters of administration relate;

and may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.

69. The Court may also, if it thinks fit, on the application for payment of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in the Colony.

Duplicate

or copy admissible.

Rules as to practice under this Part.

55 & 56

Vict. c. 6, s. 2 (5).

70. For the purposes of this Part, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original.

71. The power conferred on the Chief Justice by section 74 of this Ordinance to make general rules and orders, subject to the approval of the Legislative Council, for regulat- ing the procedure and practice, including fees and costs, in the Supreme Court on and incidental to applications for grants of probate or letters of administration in this Colony shall apply to applications for sealing under this Part, and subject to any exceptions and modifications made by such rules and orders, the enactments for the time being in force in relation to Estate duty (including the penal provisions thereof) shall apply as if the person who applies for sealing under this Part were applying for probate or letters of administration.

Objects and Reasons.

1. The object of this amending Ordinance is to substitute provisions, relating to the sealing of probates and letters of administration granted by British Courts outside the Colony, based on a model Ordinance enclosed with the Secretary of State's Circular despatch of the 15th August, 1935, for the provisions of Part VI of the Probates Ordinance, No. 2 of 1897, relating to the same subject.

2. Part VI of that Ordinance provided for the re-sealing in the Colony of probates and letters of administration (including confirmation in Scotland) granted by courts of probate in the United Kingdom, British Courts in foreign. countries and British possessions, but in the latter case only where the legislatures of such possessions had made provision for reciprocity (see section 70 of Ordinance No. 2 of 1897).

3. In the said Circular despatch the Secretary of State pointed out that though the principle of reciprocity is embodied at present in the United Kingdom Legislation on the subject (see section 1 of the Colonial Probates Act, 1892),