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The Yonghong Government Gazette.

[MAY 8, 1858.

No. 41.

GOVERNMENT NOTIFICATION.

The following Sections of the Act, 20 and 21 Victoria, Chapter 77, intituled-An Act to amend the Law relating to Probates and Letters of Administration in England, as extended to this Colony by Ordinance No. 5 of 1838, are hereby published for general information.

By Order,

W. T. BRIDGES, Acting Colonial Secretary.

Colonial Secretary's Office, Victoria, Hongkong, 30th April, 1858.

Interpretation of

Terms.

abolished.

II. In the Construction of this Act, unless the Context be inconsistent with the Meaning hereby assigned.

« Will" shall comprehend « Testament" and all other Testamentary Instruments of which Probate

may now be granted:

"Administration" shall comprehend all Letters of Administration of the Effects of deceased Persons, whether with or without the Will annexed, and whether granted for general, special, or limited Purposes:

"Matters and Causes Testamentary" shall comprehend all Matters and causes relating to the

Grant and Revocation of Probate of Wills or of Administration: "Common Form Business" shall mean the Business of obtaining Probate and Administration where there is no Contention as to the Right thereto, including the passing of Probates and Administrations through the Court of Probate in contentious Cases when the Contest is terminated, and all business of a non-contentious Nature to be taken in the Court in Matters of Testacy and Intestacy, not being Proceedings in any Suit, and also the Business of lodging Caveats against the Grant of Probate or Administration.

Testaraentary Juris- III. The voluntary and contentious Jurisdiction and Authority of all Ecclesiastical, Royal Peculiar, dietion of Ecclesias- Peculiar, Manorial, and other Courts and Persons in England, now having Jurisdiction or Authority to grant tical and other Courts or revoke Probate of Wills or Letters of Administration of the Effects of deceased Persons, shall in respect of such Matters absolutely cease; and no Jurisdiction or Authority in relation to any Matters or Causes Testamentary, or to any Matter arising out of or connected with the Grant or Revocation of Probate or Administration, shall belong to or be exercised by any such Court or Person.

Testamentary Juris- IV. The voluntary and contentious Jurisdiction and Authority in relation to the granting or revoking diction to be exercised Probate of Wills and Letters of Administration of the Effects of deceased Persons now vested in or which by a Court of Probate can be exercised by any Court or Person in England, together with full Authority to hear and determine all Questions relating to Matters and Causes Testamentary, shall belong to and be vested in Her Majesty, and shall, except as herein-after is mentioned, be exercised in the Name of Her Majesty in a Court to be called the Court of Probate, and to hold its ordinary Sittings and to have its Principal Registry at such Place or Places in London or Middlessex as Her Majesty in Council shall from Time to Time appoint.

Officers of the Court

XXL All Registrars, District Registrars, Officers, and Clerks of the Court of Probate shall execute to execute their of their respective Offices in Person, and not by Deputy; and no Registrar of the Principal Registry of the fices in Person. Court, nor any Officer or Clerk in the Principal Registry thereof, shall during the Time of his holding such

Registrars, &c., not to act as Proctors, &c. Office directly or indirectly practise as an Advocate, Barrister, Proctor, Solicitor, or Attorney, or receive

or participate in the Fecs of any other Person so practising. Power to Judge to

XXII. The Judge shall cause to be made Seals for the Court of Probate, that is to say, One Seal to cane Seals of the be used in its Principal Registry, and separate Seals to be used in the several District Registries, and may Court to be provided. cause the same respectively from Time to Time to be broken, altered, and renewed at his Discretion; and all Probates, Letters of Administration, Orders, and other Instruments, and Exemplifications and Copies thereof, respectively, purporting to be sealed with any Seal of the Court of Probate, shall in all Parts of the United Kingdom be received in Evidence without further Proof thereof.

The Court to have

XXIII. The Court of Probate shall be a Court of Record, and such Court shall have the same throughout all England Powers, and its Grants and Orders shall have the same Effect, throughout all England, and in relation to the same Powers as the P'ersonal Estate in all Parts of England, of deceased Persons, as the Prerogative Court of the Arch- the Prerogative Court within the Province of bishop of Canterbury and its Grants and Orders respectively now have in the Province of Canterbury, or Canterbury.

in the Parts of such Province within its Jurisdiction, and in relation to those Matters and Causes Testa- mentary and those Effects of deceased Persons which are within the Jurisdiction of the said Prerogative Court; and all Duties which, by Statute or otherwise, are imposed on or should be performed by Ordinaries generally, or on or by the said Prerogative Court, in respect of Probates, Administrations, or Matters or Causes Testamentary within their respective Jurisdiction, shall be performed by the Court of Suits for Legacies Probate: Provided that no Suits for Legacies, or Suits for the Distribution of Residues, shall be enter- er Distribution not to tained by the Court, or by any Court or Person whose Jurisdiction as to Matters and Causes Testamentary

is hereby abolished.

be entertained.

Power to examine Witnesses.

XXIV. The Court of Probate may require the Attendance of any Party in Person, or of any Person whom it may think fit to examine or cause to be examined in any Suit or other Proceeding in respect of Matters of Causes Testamentary, and may examine or cause to be examined upon Oath or Affirmation, as the Case may require, Parties and 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 on Interrogatories, or receive As to Production of their or any of their Affidavits or solemn Affirmations, as the Case may be; and the Court may by Writ Deeds, &c.

require such Attendance, and order to be produced before itself or otherwise any Deeds, Evidences, or Writings, in the same Form, 'or nearly as may be, as that in which a Writ of Subpœna að testificandum, or of Subpoena duces tecum, is now issued by any of Her Majesty's Superior Courts of Law at Westminster ; and every Person disobeying any such Writ shall be considered as in Contempt of the Court, and also be liable to forfeit a Sum not exceeding One hundred Pounds.

to enforce Orders,

Powers of the Court XXV. The Court of Probate 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, Evidences, or Writings, or refusing to appear or to be sworn, or make Affirma- tion or Declaration, or to give Evidence, or guilty of Contempt, and generally for enforcing all Orders, Decrees, and Judgments made or given by the Court under this Act, and otherwise in relation to the Matters to be inquired into and done by or under the Orders of the Court under this Act, as are by Law vested in the High Court of Chancery for such Purposes in relation to any Suit or Matter depending in sucli Court. Order to produce XXVI. The Court of Probate may, on Motion or Petition, or otherwise, in a summary Way, whether any Instrument pu- any Suit or other Procceding shall or shall not be pending in the Court with respect to any Probate or porting to be Testa- Administration, order any Person to produce and bring into the Principal or any District 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; and if it be not shown that any such Paper or Writing is in the Possession or under the Control of such Person, but it shall appear that there are reasonable Grounds for believing that he has the Knowledge of any such Paper or Writing,

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