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The Hongkong Government Gazette,
LVIII. Any Party who shall be dissatisfied with the Determination of the Judge of the County As to Appeals from met in point of Law, or upon the Admission or Rejection of any Evidence in any Matter or Cause under County Court.
Act, may appeal from the same to the Court of Probate, in such Manner and subject to such Regula- as may be provided by the Rules and Orders to be made under this Act, and the Decision of the art of Probate on such Appeal shall be final.
LIX. It shall not be obligatory on any Person to apply for Probate or Administration to any District Not obligatory to Bestry, or through any County Court, but in every Case such Application may be made through the apply for Probate, &c., pal Registry of the Court of Probate, wherever the Testator or Intestate may at the Time of his to District Registries Dat have bad his fixed Place of Abode: Provided, that where in any contentious Matter arising out of or County Court, but may in every Case be such Application it is shown to the Court of Probate that the State of the Property and Place of Abode made to Court of Pro- the Deceased were such as to give contentious Jurisdiction to the Judge of a County Court, the Court bate. Probate, may send the Cause to such County Court, and the Judge thereof shall proceed therein as if sach Application and Cause had been made to and arisen in his Court in the first instance.
be made by the
LX. For regulating the Procedure and Practice of the County Courts, and the Judges, Registrars, Rules and Orders. and Officers thereof, in relation to their Jurisdiction and Proceedings under this Act, Rules and Orders for regulating the Pro- y be from Time to Time framed, amended, and certified by the County Court Judges appointed for the Courts under the Act cedure of County Time being to frame Rules and Orders for regulating the Practice of the County Courts under the Act of to the Session holden in the Nineteenth and Twentieth Years of Her Majesty, Chapter One Hundred and Judges now having Ight, and shall be subject to be allowed or disallowed or altered, and shall be in force from the Day Authority for the like pained for that Purpose by the Lord Chancellor, as in the said Act is provided in relation to other Rules Purpose. And Orders regulating the Practice of the same Courts; and for establishing Rules and Orders to be in force when this Act comes into operation, the Power given by this Enactment shall be exercised as soon as conveniently may be after the passing of this Act.
LXI. When Proceedings are taken under this Act for proving a Will in solemn Form, or for revoking Where a Will affect- the Probate of a Will, on the Ground of the Invalidity thereof, or where in any other contentious Cause or ing Real Estate is Matter under this Act the Validity of a Will is disputed, unless in the several Cases aforesaid the Will Form, or is the Subject proved in solemn fects only Personal Estate, the Heir-at-Law, Devisces and other Persons having or pretending Interest of a contentious Pro- in the Real Estate affected by the Will shall, subject to the Provisions of this Act, and to the Rules and ceeding, the Heir and Orders under this Act, be cited to see Proceedings, or otherwise summoned in like Manner as the Next of Persons interested in the Real Estate to be Kin or others having or pretending Interest in the Personal Estate affected by a Will should be cited or cited. stimmoned, and may be permitted to become Parties, or intervene for their respective Interests in such Real Estate, subject to such Rules and Orders, and to the Discretion of the Court.
otherwise decided on,
LXII. Where Probate of such Will is granted after such Proof in solemn Form, or, where the Where the Will is Aalidity of the Will is otherwise declared by the Decree or Order in such contentious Cause or Matter proved in solemh aforesaid, the Probate, Decree or Order respectively shall enure for the Benefit of all Persons interested Form, or its Validity a the Real Estate affected by such Will, and the Probate Copy of such Will, or the Letters of Admi- the Decree of the nistration with such Will annexed, or a. Copy thereof respectively, stamped with the Seal of Her Majesty's Court to be binding on ourt of Probate, shall in all Courts, and in all. Suits and Proceedings affecting Real Estate, of whatever the Persons interested Tenure, (save Proceedings by way of Appeal under this Act, or for the Revocation of such Probate or in the Real Estate. Administration,) be received as conclusive Evidence of the Validity and Contents of such Will, in like Manner as a Probate is received in Evidence in Matters relating to the Personal Estate; and where Probate is refused or revoked, on the Ground of the Invalidity of the Will, or the Invalidity of the Will is otherwise declared by Decree or Order under this Act, such Decree or Order shall enure for the Benefit of the Heir-at-Law or other Persons against whose Interest in Real Estate such Will might operate, and such Will shall not be received in Evidence in any Suit or Proceeding in relation to Real Estate, save in any Proceeding by way of Appeal from such Decrees or Orders.
LXIII. Nothing herein contained shall make it necessary to cite the Heir-at-Law or other Persons Heir in certain having or pretending Interest in the Real Estate of a deceased Person, unless it is shown to the Court and Cases not to be cited, the Court is satisfied that the Deceased was at the Time of his Decease seised of or entitled to or had
and where not cited Power to appoint by Will some Real Estate beneficially, or in any Case where the Will propounded or of Probate.
not to be affected by which the Validity is in question would not in the Opinion of the Court, though established as to Per- #onalty, affect Real Estate, but in every such Case, and in any other Case in which the Court may, with reference to the Circumstances of the Property of the Deceased or otherwise, think fit, the Court may proceed without citing the Heir or other Persons interested in Real Estate; provided that the Probate, Decree, or Order of the Court shall not in any Case affect the Heir or any Person in respect of his interest in Real Estate, unless such Heir or Persons has been cited or made Party to the Proceedings, or derives Title under or through a Person so cited or made Party.
LXIV. In any Action at Law or Suit in Equity, where, according to the existing Law, it would be Probate or Office necessary to produce and prove an original Will in order to establish a Devise or other Testamentary Copy to be Evidence Disposition of or affecting Real Estate, it shall be lawful for the Party intending to establish in Proof such of the Will in Suits Devise, or other Testamentary Disposition to give to the opposite Party, Ten Days at least before the tate, save where the concerning Real Es- Trial or other Proceeding in which the said Proof shall be intended to be adduced, Notice that he intends Validity of the Will at the said Trial or other Proceeding to give in Evidence as Proof of the Devise or other Testamentary is put in issue. Disposition the Probate of the said Will or the Letters of Administration with the Will annexed, or a Copy thereof stamped with any Seal of the Court of Probate; and in every such Case such Probate or Letters of Administration, or Copy thereof respectively, stamped as aforesaid, shall be sufficient Evidence of such Will and of its Validity and Contents, notwithstanding the same may not have been proved in solemn Form, or have been otherwise declared valid in a contentious Cause or Matter, as herein provided, unless the Party receiving such Notice shall, within Four Days after such Receipt, give Notice that he disputes the Validity of such Devise or other Testamentary Disposition.
LXV. In every Case in which, in any such Action or Suit, the original Will shall be produced and proved, it shall be lawful for the Court or Judge before whom such Evidence shall be given to direct by whitch of the Parties the Costs thereof shall be paid.
As to Costs of Proof of Will.
Place of Deposit of
LXVI. There shall be One Place of Deposit under the Control of the Court of Probates, at such Place in London or Middlesex as Her Majesty may by Order in Council direct, in which all the original original Wills, Wills brought into the Court or of which Probate or Administration with the Will annexed is granted under this Act in the Principal Registry thereof, and Copies of all Wills, the Originals whereof are to be preserved in the District Registries, and such other Documents as the Court may direct, shall be deposited and preserved, and may be inspected under the Control of the Court and subject to the Rules and Orders under this Act.
Judge to cause Ca-
LXVII. The Judge shall cause to be made from Time to Time in the Principal Registry of the Court of Probate, Calendars of the Grants of Probate and Administration in the Principal Registry, and in lendars to be made the several District Registries of the Court, for such Periods as the Judge may think fit, each such from Time to Time in Calendar to contain a Note of every Probate or Administration with the Will annexed granted within the the Principal Registry, Piod therein specified, and also a Note of every other Administration granted within the same Period,
and to be printed. such respective Notes setting forth the Dates of such Grants, the Registry in which the Grants were
de, the Names of the Testators and Intestates, the Place and Time of Death, the Names and Descrip- ; tions of the Executors and Administrators, and the Value of the Effects; and the Calendars to be su made shall be printed as the same are from Time to Time completed.
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