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30.
ider the Seal of to administer ters and Causes les and Orders d Court in its cing Oaths and
or Affirmations ling in Foreign empowered to Act of the 18th Persons as are may be made, on having Au-
id Court in its the Colony of Notary Public, [ Officers of the may be, of any suspended, or her Document.
oner for taking Jurisdiction or eetion is men- the Provisions cap. 42 to any Probate Juris- t Signature or nterfeit Signa- eit, every such 'enal Servitude prisonment for And whenever , the Court or against whom unded and be for such period eem meet; and be dealt with, und charged to such Offence ffence laid and
, except where from Time to use will admit, clesiastical Ju-
by such Rules in all conten- by or before Regulations as in whole or in on the appli- behalf of such amination may arty by whom
ie Jurisdiction
Il not think fit
I for the Court Interrogatories
THE HONGKONG GOVERNMENT GAZETTE, 12 MAY, 1860.
or otherwise, or if the Witness be within the Jurisdiction of the Court, to order the Examination of such Witness upon Interrogatories or otherwise, before any Officer of the said Court, or other Person to be named in such Order for the Purpose and all the Powers given to the Courts of Law at Westminster by the Acts 13th Geo. III. cap. 63, and 1st Will. IV. cap. 22, for enabling the Courts of Law at Westminster to issue Coin- missions and give Orders for the Examination of Witnesses in Actions depending in such Courts, and to enforce such Examination and all the Provisions of the said Acts, and of any other Acts for enforcing or otherwise applicable to such Examination and the Wit- nesses examined, shall extend and be applicable to the said Court in its Probate Juris- diction and to the Examination of Witnesses under the Commissions and Orders of the said Court, and to the Witnesses examined, as if such Court were One of the Courts of Law at Westminster, and the Matter before it were an Action pending in such Courts.
133
Rules of Evidence
to be observed as at
XVI. The Rules of Evidence observed in the Supreme Court in its Common Law Jurisdiction shall be applicable to and observed in the Trial of all Questions of Fact in common Law. the said Court in its Probate Jurisdiction.
Court may cause
XVII. It shall be lawful for the said Court to cause any Question of Fact arising in any Suit or Proceeding under this Ordinance to be tried by a Special or Common Questions of Fact tu Jury upon the application of any Party or Parties to the Proceeding made in that be- half.
be tried by a Jury.
Powers of the Court the Trial of Ques-
tions by Jury.
XVIII. When the Court shall order a Question of Fact to be tried by a Jury, the Court may make all such Rules and Orders upon the Sheriff or any other Person for for procuring the Attendance of a Special or Common Jury for the Trial of such Question as may now be made by the Supreme Court in its Common Law Jurisdiction, and may also make any other Orders which to such Court may seem requisite: And every such Jury shall be struck, summoned, ballotted for, and called in like manner as if such Jury were a Jury for the Trial of any cause in the said Supreme Court in its Common Law Jurisdiction; and every Juryman so summoned shall be entitled to the same Rights, and subject to the same Duties and Liabilities, as if he had been duly summoned for the Trial of any such Cause in the said Supreme Court and every Party to any such Pro- ceeding shall be entitled to the same Rights as to Challenge and otherwise as if he were a Party to any such Cause: And generally for the Purposes of or auxiliary to the Trial of Questions of Fact by a Jury before the Court itself, and in respect of new Trials thereof, and also for the Purposes in relation to or consequential upon the Direction of Issues, the said Court in its Probate Jurisdiction shall have the same Jurisdiction, Powers, and Authority in all respects as belong to the said Supreme Court in its Common Law or Equitable Jurisdiction for the like Purposes.
XIX. When any such Question shall be so ordered to be tried by a Jury before the question to be stated Court itself, such Question shall be reduced into Writing in such Form as the Court and the Jury sworn shall direct, and at the Trial the Jury shall be impanelled to try the said Question, and to try it.
a true Verdict to give thereon according to the Evidence and upon every such Trial the Court shall have the same Powers, Jurisdiction, and Authority as belong to the said Judge of the said Supreme Court sitting at Nisi Prius.
in Chambers.
XX. It shall be lawful for the Judge of the said Court for the Time being to sit in The Judge may sit Chambers for the dispatch of such Business of the said Court under this Ordinance as can, in the opinion of the said Judge with Advantage to the Suitors, be heard in Cham- bers: And the Times at which such Sittings shall be held shall from Time to Time be fixed by the Judge. Provided always that no Questions shall be heard in Chambers which either Party shall require to be heard in open Court.
Powers of Judge
XXI. The Judge of the said Court when so sitting in Chambers shall have and exercise the same Power and Jurisdiction in respect of the Business to be brought be- when Sitting inCham- fore him as if sitting in open Court.
bere.
XXII. Caveats against the Grant of Probates or Administration may be lodged in caveats. the Registry of the said Court in its Probate Jurisdiction and (subject to any Rules or Orders under this Ordinance) the Practice and Procedure under such Caveats in the Court of Probate shall as near as may be, correspond with the Practice and Procedure under Caveats heretofore in use in the said Supreme Court in its Ecclesiastical Juris- diction.
lendars to be made
XXIII. The Judge shall cause to be made from Time to Time in the Registry of, Judge to cause Us- the said Court in its Probate Jurisdiction, Calendars of the Grants of Probate and Ad- from Time to Tine. ministration therein for such Periods as the Judge may think fit, each such Calendar to contain a Note of every Probate or Administration with the Will annexed granted with- in the Period therein specified, and also a Note of every other Administration granted
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