378
THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1897.
Power of altering
probate, cte., already granted.
Prohibition of officer of the Court practising as advocate. etc.
Scaling of documents.
Powers as to requiring attendance of and exami-
suits for legacies, or suits for the distribution of residues, shall be entertained by the Supreme Court in its probate jurisdiction.
4. The Judge shall have and may exercise full power of altering and amending any grant of probate or of adminis- tration, whether made before or after the commencement of this Ordinance.
5. No officer or clerk of the Court shall, during the time of his holding such office, directly or indirectly practise as an advocate, barrister, proctor, attorney, or solicitor, or receive or participate in the fees of any other person so practising.
6. All probates, administrations, orders, and other instru- ments, and all exemplifications and copies thereof, shall re- spectively he sealed with the scal of the Supreme Court ; and any such document purporting to be so sealed shall be received in evidence, in any cause or proceeding of whatever kind, without further proof thereof.
7.-(1) The Court may require the attendance of any party person, or of any person whom it may think fit to examine or cause to be examined, in any suit or other pro- ning parties eceding in respect of matters or causes testamentary, and and witnesses, may examine or cause to be examined upon oath parties und witnesses by word of mouth, and may, either before or after or with or without such examination, cause them or any of them to be examined upon interrogatories or receive their or any of their affidavits.
General powers of enforcing process.
(2.) The Court may by writ require the attendance of any such party or witness, and order to be produced before itself or otherwise any deeds, evidences, or writings, in the same form, as uearly as may be, as that in which a writ of subpæna ad festificandum or of subpœna duces tecum is now issued by the Supreme Court in its original jurisdiction.
8. The Court shall have the like powers, jurisdiction, and authority for enforcing the attendance of persons required by it as aforesaid, and for punishing persons failing, neglecting, or refusing to produce deeds," evidencos, ör writings, or refusing to appear, or to be sworn, or to give evidence, or guilty of contempt, and generally for caloreing all orders, decrces, and judgments made or given by the Court under this Ordinance and otherwise in relation to the matters to be inquired into and done by or under the orders of the Court under this Ordinance as are for the time being vested by law in the Supreme Court for such purposes in relation to any suit or matter depending in the said Coure in its original jurisdiction.
Rower of 9.-(1.) The Court may, on motion or petition or other- ordering wise, in a summary way, whether any suit or other proceed- production of
ing is or is not pending in the Court with respect to any testamentary writings.
probate or administration, order any person to produce and bring into the Registry, or otherwise as the Court may direct, any paper or writing being or purporting to be testamentary which may be shown to be in the possession or under the control of such person,
Administra-
etc.
(2.) If it is not shown that any such paper or writing is In the possession or under the control of such person, but it appears that there are reasonable grounds for believing that he has knowledge of any such paper or writing, the Court may direct such person to attend for the purpose of being examined in open Court, or upon interrogatories, respecting the same, and such person shall be bound to answer such questions or interrogatories, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like process of contempt in case of default in not attending or in not answering such questions or interrogatories, or not bringing in such paper or writing, as he would have been subject to in case he had been a party to a suit in the Court and had made such default.
10.--(1.) The Registrar of the Supreme Court and any tion of oaths, other persons whom the Chief Justice may from time to time, under the seal of the Supreme Court, appoint for that purpose shall respectively have full power to administer oaths and to perform such other duties in reference to matters and causes testamentary as may be assigned to them from time to time by any rules and orders made under this Ordinance,
No comments yet.
Private notes are available after approval.