640699-1896-Bills-read-Defence-Contribution-Appropriation-1897-Partnership-Probates-Post-Office-Amendment-Pawnbrokers-Compensation — Page 11

THE HONGKONG GOVERNMENT GAZETTE, 5тH DECEMBER, 1896.

A BILL

ENTITLED

An Ordinance to consolidate and amend the Laws relating to Probates and Letters of Administra- tion in this Colony.

B

E it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited for all purposes as The Probates Ordinance, 1896.

2. In this Ordinance, unless the context otherwise re- quires,-

"The Court" means the Supreme Court of the Colony acting in the exercise of its jurisdiction under this Or- dinance :

"

"A Judge or "the Judge' means a Judge of the

Court:

"Will" comprehends "testament" and all other testa- mentary instruments of which probate may now be or might at any time heretofore have been granted: "Administration" comprehends all letters of adminis- tration of the estates of deceased persons, whether with or without the will annexed, and whether granted for general, special, or limited purposes: "Estate" of a deceased person means the personal es-

tate and effects of whatever kind of such person: "Matters and causes testamentary" comprehends all matters and causes relating to the granting and revo- cation of probate of wills and of administration: "Prescribed means prescribed by rules or orders of

the Court made under this Ordinance.

PART I.

JURISDICTION AND POWERS OF THE COURT. 3.-(1.) The voluntary and contentious jurisdiction and authority in relation to the granting and revocation of pro- bate of wills and of letters of administration of the estates of deceased persons, together with full authority to hear and determine all questions relating to matters and causes testamentary, shall as heretofore belong to and be vested in and be exercised in the name of Her Majesty by the Su- preme Court of Hongkong.

(2.) The Supreme Court shall as heretofore, for the pur- poses of this Ordinanĉe, be deemed à Court of Probate and shall be a Court of Record, and shall have the same powers, and its grants and orders shall have the same effect, in this Colony, and in relation to the estates in this Colony of deceased persons, as the Supreme Court and its grants and orders respectively now have or hitherto have had in rela- tion to matters and causes testamentary and estates of deceased persons within the jurisdiction of the Supreme. Court; and all duties which are or have been imposed on or should be perforined by the Supreme Court in respect of probates, administrations, and matters and causes testament- ary shall be performed by the Supreme Court under the probate jurisdiction hereby continued: Provided that no 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 be sealed with the seal 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 in person, or of any person whom it may think fit to

Short title.

Interpretation

of terms. (No. 8 of 1860, 5. 2.)

General jurisdiction

of the Court in matters ef probate and administra- tion.

(No. 8 of 1860,

8. 3.)

Power of altering probate, etc., already

granted. (No. 8 of 1860,

8. 38.)

Prohibition of officer of the Court

practising as

advocate, etc. (No. 8 of 1800,

B. 4.)

Scaling of

documents,

(No. 8 of 1800, 6. 5.)

Powers as to requiring attendance of

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