721608-1860-HONG-KONG-ANNO-VICESIMO-TERTIO-VICTORLE-REGINE-NO-8-OF-1860 — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 12TH MAY, 1860.

Registrar, &c. to have Power to admi- Lister Oaths.

Commissioners.

Affidavits, &c. before whom to be made

eign Parts.

IX. The Registrar and any other Persons whom the Judge shall, under the Seal of the Court, from Time to Time appoint shall respectively have full power to administer Oaths and Declarations and 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 under this Ordinance and the Commissioners for taking Oaths in the said Court in its Common Law and Equitable Jurisdiction shall be Commissioners for taking Oaths and Declarations in the said Court in its Probate Jurisdiction.

X. In Cases where it is necessary to obtain Affidavits, Declarations, or Affirmations when Persons making to be used in the said Court in its Probate Jurisdiction from Persons residing in Foreign them reside in For-Parts the same may be sworn, declared, or affirmed before the Persons empowered to administer Oaths under the Act of the 6th Geo. IV. c. 87 or under the Act of the 18th and 19th Vict. c. 42: Provided that in places where there are no such Persons as are mentioned in the said Acts, such Affidavits, Declarations, or Affirmations may be made, declared, and affirmed before any Foreign local Magistrate or other Person having An- thority to administer an Oath.

Affidavits made in

fure whom to be sworn.

XI. Affidavits, Declarations, and Affirmations to be used in the said Court in its British Dominions be- Probate Jurisdiction may be sworn, made, and taken in any Place out of the Colony of Hongkong under the Dominion of Her Majesty before any Court, Judge, Notary Public, or Person lawfully authorised to administer Oaths in such Place: And all Officers of the said Court shall take judicial Notice of the Seal or Signature, as the Case may be, of any such Court, Judge, Notary Public, or Person which shall be attached, suspended, or subscribed to any such Affidavit, Declaration, or Affirmation or to any other Document.

Penalty on forging

or Signature.

XII. If any Person forge the Signature of any Registrar or Commissioner for taking or counterfeiting Seals Oaths or forge or counterfeit any Seal of the said Court in its Probate Jurisdiction or forge or counterfeit any such Seal or Signature as in the last preceding Section is men- tioned or any Seal or Signature impressed, affixed, or subscribed under the Provisions of the said Act of the 6th Geo. IV. cap. 87 or the 18th and 19th Vict. cap. 42 to any Affidavit, Declaration, or Affirmation to be used in the said Court in its Probate Juris- diction or willingly use or concur in using any such forged or counterfeit Signature or Seal or tender in Evidence any Document as aforesaid with a false or counterfeit Signa- ture or Seal Knowing the same Signature or Seal to be false or counterfeit, every such Person shall be guilty of Felony, and shall upon Conviction be liable to Penal Servitude for the Term of his Life or any Term not less than Seven Years or to Imprisonment for any Term not exceeding Three Years with or without Hard Labour: And whenever any such Document has been admitted in Evidence by Virtue of this Act, the Court or the Person who has admitted the same may at the request of any Party against whom the same is so admitted in evidence, direct that the same shall be impounded and be kept in the Custody of some Officer of the Court or other proper Person for such period and subject to such Conditions as to the said Court or P'erson shall seem meet; and every Person charged with committing any Felony under this Act may be dealt with, indicted, tried, and, if convicted, sentenced, and his Offence may be laid and charged to have been committed, and every accessory before or after the fact to any such Offence may be dealt with, indicted, tried, and, if convicted, sentenced, and his Öffence laid and charged to have been committed in the said Colony of Hongkong.

Practice of the Court.

Mode of taking Evi-

Matters.

XIII. The Practice of the said Court in its Probate Jurisdiction shall, except where otherwise provided by this Ordinance or by the Rules or Orders to be from Time to Time made under this Ordinance be so far as the circumstances of the Case will admit, according to the Practice heretofore prevailing in the said Court in its Ecclesiastical Ju- risdiction.

XIV. Subject to the Regulations established or to be established by such Rules dence in Contentious and Orders as aforesaid, the Witnesses and where necessary the Parties, in all conten- tious Matters where their attendance can be had, shall be examined orally by or before the Judge in open Court: Provided always, that, subject to any such Regulations as aforesaid the Parties shall be at Liberty to verify their respective Cases, in whole or in part, by Affidavit, but so that the Deponent in every such Affidavit shall, on the appli- cation of the opposite Party be subject to be Cross-examined by or on behalf of such opposite Party orally in open Court, as aforesaid, and after such Cross-examination may be re-examined orally in open Court as aforesaid by or on behalf of the Party by whom such Affidavit was filed.

Court may issue

orders for Examina-

XV. Provided, that when a Witness in any such Matter is out of the Jurisdiction Commissions or give of the Court, or when by reason of his Illness or otherwise, the Court shall not think fit tion of witnesses a- to enforce the Attendance of the Witness in open Court, it shall be lawful for the Court to order a Commission to issue for the Examination of such Witness upon Interrogatories

broad or who are un- able to attend.

or otherwis Examinatio the said Co Powers giv and 1st Wi missions an

Courts, and

any other

nesses exar diction and

said Court, Law at We

XVI. Jurisdiction the said Co

XVII.

in

any Jury upon

Suit

half.

XVIII Court may procuring t as may now also make a Jury shall I were a Jury Jurisdiction and subject Trial of any ceeding shal a Party to a of Questions thereof, and Issues, the Powers, and Law or Equ

XIX. Court itself, shall direct,

a true Verd Court shall Judge of the

XX. I Chambers fo can, in the o bers: And t fixed by the which either

XXI. ' exercise the fore him as i

XXII.

the Registry Orders unde

Court of Prc under Cavea diction.

XXIII. the said Cou ministration contain a No in the Perio

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