635977-1897-Ordinances-Nos-1-2-and-3-assented-to — Page 17

THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1897.

perintendent of Police, when applying for or obtaining admi- histration of the estate of a person dying whilst employed in the Police Force, as hereinafter provided, to give any such bond as aforesaid.

41. Every such bond shall be in a penalty of double the Amount of amount under which the estate of the deceased person is bund. sworn, unless the Court in any case thinks fit to direct the same to be reduced, in which case it shall be lawful for the Court to do so; and the Court may also direct that more bonds than one shall be given so as to limit the liability of any surety to such amonuit as the Court thinks reasonable.

Revocation of Grant.

made under

42. When any probate or administration is revoked, all Validation of payments bona fide made to any executor or administrator payments under such probate or administration before the revocation probate or thereof shall be a legal discharge to the person making the administra- ame, and the executor or administrator who has acted tion subse- under any such revoked probate or administration may quenily retain and reimburse himself in respect of any payments made by him which the person to whom probate or admin- istration is afterwards granted might have lawfully made.

revoked.

made under

43. All persons making or permitting to be made any Validation of payment or transfer boná fide upon any probate or adminis- payments tration granted in respect of the estate of any deceased per- defective son shall be indemnified and protected in so doing, notwith- probate or standing any defect or other thing whatsoever affecting the administra- validity of such probate or administration.

tion.

44. Where, before the revocation of any temporary ad- Continuance ministration, any proceedings have been commenced in the of proceed- Supreme Court in its original jurisdiction by or against ings begun

under tempo- any administrator so appointed, the Court in its probate

rary adminis jurisdiction may order that a suggestion be made upon the tration subse- record of the revocation of such administration, and of the quently grant of probate or administration which has been made revokci, consequent thereupon, and that the proceedings shall be continued in the name of the new executor or administrator in like mamer as if the proceedings had been originally commenced by or against such new executor or administra- tor, but subject to such conditions and variations, if any, as the Court may direct.

Practice.

45. The practice of the Court shall, except where other- Pranice in wise provided by this Ordinance or by the rules or orders matters not from time to time made thereunder, be, so far as the cir- provided for. cumstances of the case will admit, according to the practice

hitherto prevailing in the same.

46. It shall be lawful for the Judge to sit in Chambers Sittings in for the despatch of such business of the Court as can, in the Chambers, opinion of the Judge, with advantage to the suitors be heard in Chambers: and the times at which such sittings shall be held shall from time to time be fixed by the Judge: Provided that no matter shall be heard in, Chambers which either party requires to be heard in Court.

47. The Judge when so sitting in Chambers shall have Powers of and exercise the same power and jurisdiction in respect of Judge sitting any business brought before him as if he were sitting in Court, in Chambers, 48. The Court shall have the same powers with regard Powers of the to the costs of any suit or other proceeding as the Supreme Court with Court has with regard to costs in suits and other proceed- "egard to ings in its original jurisdiction.

Evidence.

costs.

49.-(1.) Subject to any rules or orders made under this Examination Ordinance, the witnesses, and where necessary the parties, of parties ami in all contentions matters where their attendance een be witnesses. had, shall be examined orally by or before the Judge in Court: Provided that, subject to any such rules or orders as aforesaid, the parties shall be at liberty to verify their respective cases, in whole or in part, by affidavit, but so that the deponeni in every such affidavit shall, on the application of the opposite party, he subject to be cross-examined by or on behalf of such opposite party orally in Court as aforesaid, and after such cross-examination may be re-examined orally in Court as aforesaid by or on behalf of the party by whom such affidavit was filed.

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