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The Hongkong Government Gazette,
[MAY 8, 1853.
the Trial of any such Cause in any of the said Superior Courts; and every Party to any such Proceedin shall be entitled to the same Rights as to Challenge and otherwise as if he were a Party to any suc Cause; and generally for all 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 all Purposes in relation to or consequen. tial upon the Direction of Issues, the Court of Probate shall have the same Jurisdiction, Powers, an Authority in all respects as belong to any Superior Court of Common Law, or to any Judge thereof, or v Question to be stated, the High Court of Chancery, or any Judge thereof, for the like Purposes.
and Jury sworn to try XXXVII. When any such Question shall be so ordered to be tried by a Jury before the Court itself such Question shall be reduced into Writing in such Form as the Court shall direct, and at the Trial the Court, on Trial, to have the same Au- Jury shall be sworn to try the said Question, and a true Verdict to give thercon according to the Evidence thority as a Judge at and upon every such Trial the Court of Probate shall have the same Powers, Jurisdiction, and Authorit
as belong to any Judge of any of the said Superior Courts sitting at Nisi Prius.
Nisi Prius.
tried.
Court may direct XXXVIII. Where the Court of Probate directs an Issue, it shall be lawful for such Court to direct whero Issues shall be such Issue to be tried either before a Judge of Assize in any County or at the Sittings for the Trial f Causes in London or Middlesex, and either by a Special or Common Jury, in like Manner as is now done by the Court of Chancery.
Advocates admitted
XL. All Persons who at the Time of the passing of this Act have been admitted Advocates in any to practice,
of the Ecclesiastical Courts shall be entitled to practise as Advocates or Counsel'in all Matters and Causes Barristers may prae- whatsoever in the Court of Probate; and all Serjeants and Barristers-at-Law shall be entitled to practise tise in contentious
as Advocates or Counsel in all contentious Matters and Causes in the said Court; and such Persons who Causes.
have been so admitted Advocates and Serjeants and Barristers-at-Law shall have respectively the same Rank and Precedence which they now have before the Judicial Committee of the Privy Council, unless and until Her Majesty shall otherwise order.
Proctors to practise.
admitted
Practitioners.
As to Caveats.
XLII. Every Person who at the Time of the passing of this Act is actually admitted and practising as a Proctor in the Courts in Doctors Commons, or in the Prerogative Court of York, or in Court, or in any Archidiaconal Court, having previously duly served under Articles of Clerkship either Dioces any an Attorney or Proctor, may, upon his Application, at any Time within One Year after the passing of this Act, be admitted a Proctor of the Court of Probate, without Payment of any Fee or Stamp Duty.
XLV. All Solicitors and Attornies-at-Law may practise in the Court of Probate, and the Laws and Statutes now in force concerning Solicitors and Attornies shall extend to Solicitors and Attornies practising in the said Court; and the Commissioners for taking Oaths in the High Court of Chancery shall be Com missioners for taking Oaths in the Court of Probate.
LIII. Caveats against the Grant of Probates or Administration may be lodged in the Principal Registry or in any District Registry, and (subject to any Rules or Orders under this Act) 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 now in use in the Prerogative Court of Canterbury; and immedi ately upon a Caveat being lodged in any District Registry, the District Registrar shall send a Copy thereof to the Registrars to be entered among the Caveats in the Principal Registry; and immediately upon a Caveat being entered in the Principal Registry, Notice thereof shall be give to the District Registrar of the District, if any, in which it is alleged the Deceased resided at the Time of his Decease, and to any other District Registrar to whom it may appear to the Registrar of the Principal Registry expedient to transmit the same.
Where Personalty is LIV. Where it shall appear by Affidavit of the Person or some or One of the Persons applying for under. £200, and Real Probate or Letters of Administration that the Testator or Intestate had at the Time of his Death his Property is under fixed Place of Abode in One of the Districts specified in Schedule (A.) to this Act, and that the Personal £300, County Court to Estate in respect of which such Probate or Letters of Administration should be granted under this Act,
have Jurisdiction.
Grant or Revocation of Probate.
exclusive of what the Deceased shall have been possessed of or entitled to as a Trustee, and not benefi cially, but without deducting anything on account of the Debts due and owing from the Deceased, is under the Value of Two Hundred Pounds, and that the Deceased at the Time of his Death was not seised or entitled beneficially of or to any Real Estate, or that the Value of the Real Estate of or to which he was seized or entitled beneficially at the Time of his Death was under the Value of Three Hundred Pounds, the Judge of the County Court having Jurisdiction in the Place in which it shall be sworn that the Deceased had at the Time of his Death his fixed Place of Abode shall have the contentious Jurisdiction and Authority of the Court of Probate in respect of Questions as to the Grant and Revocation of Probate of the Will or Letters of Administration of the Effects of such deceased Person, in case there be any Contention in relation thereto.
LV. On a Decree being made by a Judge of a County Court for the Grant or Revocation of a Registrar of County Probate or Administration in any such Cause, the Registrar of the County Court shall transmit to the Gourt to transmit Cer- District Registrar of the District in which it shall have been sworn that the Deceased had at the Time of tificate of Decree for his Decease his fixed Place of Abode a Certificate under the Seal of the County Court of such Decree having been made, and thereupon, on the Application of the Party or Parties in favour of whom such Decree shall have been made, a Probate or Administration in compliance with such Decree shall be issued from such District Registry; or, as the Case may require, the Probate or Letters of Administration theretofore granted shall be recalled or varied by the District Registrar according to the Effect of such Decree.
be conclusive, unleas
LVI. The Judge of any Count Courty before whom any disputed Question shall be raised relating to The Judge of the Matters and Causes Testamentary under this Act shall, subject to the Rules and Orders under this Act, County Court to de- have all the Jurisdiction, Power, and Authority to decide the same and enforce Judgment therein, and to cide Causes and en- enforce Orders in relation thereto, as if the same had been an ordinary Action in the County Court. force Judginents as in other Cases.
LVII. The Affidavit as to the Place of Abode and State of the Property of a Testator or Intestate Affidavit of the Facts which is to give contentious Jurisdiction to the Judge of a County Court under the previous Provisions giving the County shall, except as herein-after provided, be conclusive for the Purpose of authorizing the Exercise of such Court Jurisdiction to Jurisdiction, and the Grant or Revocation of Probate or Administration in compliance with the Decree of disproved while the such Judge; and no such Grant of Probate or Administration shall be liable to be recalled, revoked, or Matter is pending,
otherwise impeached by reason that the Testator or Intestate had no fixed Place of Abode within the Jurisdiction of such Judge or within any of the said Districts at the Time of his Death, or by reason that the Personal Estate sworn to be under the Value of Two hundred Pounds did in fact amount to or exceed that Value, or that the Value of the Real Estate of or to which the Deceased was seised or entitled beneficially at the Time of his Death mounted to or exceeded Three hundred Pounds: Provided, that where it shall be shown to the Judge of a County Court before whom any Matter is pending under this Act that the Place of Abode or State of the Property of the Testator or Intestate in respect of whose Will or Estate he may have been applied to for Grant or Revocation of Probate or Administration has not been correctly stated in the Affidavit, and if correctly stated would not have authorized him to exercise such contentious Jurisdiction, he shall stay all further Proceedings in his Court in the Matter, leaving any Party to apply to the Court of Probate for such Grant or Revocation, and making such Order as to the Costs of the Proceedings before him as he may think just.
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