Production of Will,
SUPPLEMENT TO THE "FRIEND OF CHINA," DECEMBER 11th, 1844.
SUPREME COURT OF HONGKONG.
ECCLESIASTICAL JURISDICTION.
REGULA
GENERALIS.
ANNO OCTAVO
VICTORIE REGINE,
11th November, 1844.
1. IT IS ORDERED, That when any person shall die leaving a Will, the person in whose keeping or custody it shall have been deposited, or who shall find such Will after the Testator's death,shall produce the same to the Registrar of the Supreme Court, within fourteen days after his decease, on pain of being prosecuted and pu- nished for the concealment thereof, besides being civilly liable for any damages Affidavit of Death, which shall have been occasioned by the delay; and he shall also make oath, or produce an affidavit (Form No. 1) verifying the time and place of the death, and stating, if such be the fact, that the Testator has left property within the juris diction of the Court.
Will how proved.
Probata.
2. AND IT IS FUrtner Ordered, That the Will so produced, shall be proved by the witnesses thereto on oath(Form No.2)in open Court, or before the Registrar thereof (who is hereby authorized to administer such oath) if they be resident within the colony of Hongkong; or by affidavit sworn before a person duly authorised to take the same if not, so resident.. If in the case of the Will of a soldier in actual Military service, or Marinor or Seamen at sea there be no Witnesses, then by proof of the Handwriting of the Testator, if written or signed by himself; or if neither written nor signed by the Testator, then by the person
who wrote it.
Petition for Probate. 3. AND IT IS FURTHER ORDERED, That after the Will is so proved, a Petition shall be given in to the Court, by the Executor or Executors, praying for Probate. Affidavit by Executor. thereof; to which petition an Affidavit, (Form No. 3.) by the said Executor or Executors, shall be annexed. Probate (Form No. 4.) shall then be granted to. such Executor or Executors under the Seal of the Court. But if any of the Executors named in the Will be out of the Island of Hongkong, or shall not appear at the time of granting such probate, a clause (Form No. 5.) shall be in- serted therein, reserving a power to grant like probate to such absent Executor when he shall appear and sue for the same.
If no Executor.
4.
i
AND IT IS FURTHER ORDERED,.That if there be no Executor named in the Will, or if none of the Executors named therein are within the Island at the time of the Testator's death, or if being within the Island they refuse or neglect to Citation to next of appear, or renounce their respective trusts, in any such case, a Citation (Form No. 6.) to the next of kin shall issue, directed to the Sheriff of the Colony of Commission of Ap. Hongkong or his Lawful Deputy; and a Commission (Form No. 7.) shall at the
kin.
praisement,
Will annexed.
Bond.
Coroner Constables
of all deaths.
per cent, as well on property not sold but retained by the heirs, as on proper sold by him, on cash found in the Estate, and on property specifically bequeath to legatees.
10. AND I IS FURTHER ORDERED,That in order to give more genci &e to inform Court force and effect to this branch of Jurisdiction, it is directed that all Corone Constables, and other officers on whom that duty would properly fall, shall gi immediate notice to the Registrar of the Court. of all deaths which shall occ within their respective districts, under pain, in default thereof,of such punishme as the Court shall consider adequate to the neglect. And if the person so dyit To Seal up property shall be stranger or shall leave no friends or relatives in the place at whi he shall so die such Coroner, Constable, or other officer shall call in anoth officer, or some creditable person, and they shall together inventorize and se up the property. so left, or otherwise secure it, for those who may ultimately declared entitled to the same, or until further orders.
of Strangers.
Creditors, adminis tration to.
Security by.
11. AND IT IS FURTHER ORDERED,That in cases in which the deceased has le no will, or executors are not named, or have renounced their trusts, and no perse has applied for administration, any creditor or creditors who shall satisfy th Court by his or their statement, supported by documents or the affidavits of oth persons, that the deceased was really and truly indebted to him or them, m apply for and obtain the usual citation and commission of appraisement; whic being returned, if no next of kin shall appear, or even if such shall appear an the Court shall in such latter case be satisfied that the debts so established. sworn to amount in all to more than the value of the appraised property, such case the Court shall and may, at its discretion, grant Letters of Admini tration to one or more of the principal creditors, on his or their giving good an sufficient security (Form No. 12); that he or they will duly administer the estate and pay the debts fairly and justly, according to their respective degrees, witho favine or partiality or in equal proportions, if the estate should prove insuf cient to satisfy all the debts in full; and on his or their taking the oath of Adın No Commission to, nistrator. Provided that no creditor, receiving Letters of Administration as cre
ditor, shall be entitled to any per centage or commission on his Administration. Consuls to take 12. AND IT IS FURTHER ORDERED, That if a person shall die leaving propert where property is in the shall have been domiciled before his death, the Consul of such port of charge of Effects within one or more of several ports or places other than that in whic different Consulates place where the goods so left are situated shall take charge of such pro perty until the same shall be claimed by the Executor Adininistrator or othe person lawfully entitled to demand the same.
Caveat, allegation's in support of it.
Penalty on Execu- fors &c. not filing in
ventories and
A
counts in due time.
Accounts &e, how
Inaccuracies how corrected.
13. AND IT IS FURTHER ORDERED, That if it be intended to oppose a Will, Caveat must be entered before Probate is granted and allegations, verified by affidavit or affirmation in support of the opposition must be filed, within on month after entering the Caveat; in default of which, proof of the Will shall b received as in ordinary cases.
14. AND IT IS FURTHER Ondered, That if an Executor or Administrator shal fail to file his Inventory or Account within the time prescribed by his Bond or be his Oth, the Registrar shall, inmedittely after such default inade, report the same to the Court, and an order shall, issno to such Executor or Administratol to appear on a day certain, and either file such Inventory or Account or she's good and sufficient cause why he has not done so: and in default of so filing or shewing cause, he shall be liable to suglepenalty as the Court shall think fit and the Court may also direct such Bond to be put in suit by the said Regis trar. Nor shall any prolongation of time be allowed for filing Inventories o Accounts, unless on strong grounds shewn to the satisfaction of the Court.
15. AND ry Is FURTHER ORDERED, That every Inventory and Account shall be
Registrar may examine the same. Every such. Accommt shall state distinctly the dates of all receipts and disbursements, and shall in all other respects be clear, distinct, and fall. If such Inventory and Account shall be in proper form, and if such Account be correct, the Executor or Administrator shall be sworn to such Account as the case may be
18. ÅND IT IS FURTHER ORDERED, That if the Registrar observes
any incor rectness or inaccuracy in such Account, he shall point it out to such Executor or Administrator for correction; and if they disagree upon any point, it shall be re- ferred to the Court, which shall decide the same.
same time issue to two creditable persons, to appraise the property left by the deceased, which citation and commission shall be made returnable within such time respectively as the Court shall judge reasonable, and shall be executed by framed filed and sworn delivered into Coart one week at least before it is sworn to, in order that the the Sheriff and Appraisers to whom they shall be respectively directed; bit to. in case the Sheriff shall not be able to discover who are the next of kin, or if their residences be not known to him, he shall execute the said Citation by Post- ing a Copy thereof, with a translation in the language of the deceased (if not an Englishman) on the door of the Court House, and the Registrar shall then cause an Advertisement to be inserted in one of the local Newspapers to the same effect. On the return of such Citation if the Widow, or Widower, or next of kin of the deceased appears and applies by l'etition for administration, and no opposition be made thereto, or if such opposition be made and overruled by the Court, then Administration with letters of administration (Form No. 8.) with the Will annexed shall be granted
Executors se liable to such Widow or Widower, or next of kin, on his or her giving Bond (Form to pay interest after No. 9.) with two good and sufficient securities for the due execution of the Will, one year. (reference being had, in requiring such security, to the amount of the property returned by the appraisers) and on his or her taking the oath of administrator (Form No. 10.) The Security Bond shall be given to the Registrar of the Supreme Court, who shall put the same in suit when directed by the Court so to do, and not otherwise. All such sureties shall be diligently and strictly exa- mined by the Court, or by the Registrar under the direction of the Court, as to their sufficiency, and shall be required to make oath that they are severally worth the sum for which they are about to enter into security. If no next of kin shall appear, or if having appeared and being opposed the Court shall con- sider such opposition to be well founded, then Letters of Administration with the Will annexed-shall be granted to the Registrar of the Supreme Court, provided he shall have given security as hereinafter directed, or to such other person as the Chief Justice shall think better fitted for the Office.
Dath,
Administration with Will annexed to J gistrar,
Where no Win.
Amdavit of Death,
mission.
next of kin, &c.
appears;
5. AND IT IS FURTHER ORDERED, That if there be no Will, and the Widow or Widower, or next of kin, shall apply for Administration, he or she shall file an affidavit (Form No. 1.) in the Supreme Court, as directed by the first rule, stating the death of the Intestate, and that the deceased left property within the Citation and Com- jurisdiction of the Court; and shall move for a citation and commission of Ap- praisement as above directed, which shall thereupon issue. The Citation and Commission being returned and no opposition being made to the party apply. ing for Letters of Administration, or if being made it shall be overruled by the Administration to Court, the person so applying shall give security and take the oath as above
also directed, whereupon Letters of Administration shall issue, Wliers no will, and 6. AND IT IS FURTHER ORDERED, That if there be no Will, and no. Widdow, no next of kin, &c. Widower, or next of kin, appear, it shall be the duty of the Registrar, on re- ceiving notice of the death of such person, to obtain and file an Affidavit of such death, and of the time and place thereof as above directed, from some person acquainted with the facts; whereupon the citation and commission of appraise. ment shall issue as before, but the commission shall give authority (Form No. 11) to the Appraisers, care being taken in all cases that the Appraisers are respectable and trustworthy persons, to take and keep possession of the pro- perty till further orders. And in case of a Stranger to the Colony dying sud- denly therein, or in any other case in which the property might be endangered by delay, the Court, on being informed thereof as hereinafter directed, or othér- wise, shall forthwith issue a commission to such appraisers to take charge of the property, without waiting for the Affidavit of death, or for any other pre- liminary form of proceeding. Such citation and commission being returned, and no Widow Widower or next of kin appearing within the time limited, Letters of Administration shall be granted to the Registrar of the Supreme Court, or to such other person as the Chief Justice shall appoint as above directed.
Administration to Registrar.
Registrar to inform
residue of Estate?
Guardians of how appointed.
ingre
17. ·ÂND IT IS FUR FHTER OLDERED, That if any Executor or Administrator shall fail to pay over to the Creditors, Heirs, Legatees, or other persons, the amount to which they are respectively entitled, within one year after Probate or Ad-j ministration granted, suph Executor or Administrator shall be liable to pay Interest out of his own funds, for all sums which he shall retain in his own hands after that period, unless he can shew good and sufficient cause for such detention.
18 AND IF 19 FURTHER ORDERED, That if any person shall die, leaving any child or children under the legal age of majority, without any natural guardian, and without having by Will or otherwise, provided for such guardianship, the Chief Justice. shall, in the exercise of the authority vested in hiin by law in that behalf, select and nominate such person to be guardian of such child or children, and of his, her, or their estate, as he shall consider most fit and proper for that] office; reference being always had to the age, sex, and condition of such childị or children; and taking good and sufficient security (Form No. 13) from such guardian, proportioned to the value of the estate, for the faithful and just execu- tion of his office, Accounts &o. by Guardians,
Affidavit of Death.
7. AND IT IS FURTHER ORDERED, That the Registrar of the Supreme Court, those entitled to the when appointed Official Administrator as aforesaid, shall with all convenient speed inform himself who are the persons entitled to the residue of the Estate, and shall as soon as possible inform such persons of all such circumstances and par ticulars relative ibereto as it may be necessary for them to know, in order th their availing themselves of their rights to the same; and in case the Registrar Registrar to Adver- shall not be able to discover who are the next of kin, or shall see reason to when he cannot dis doubt concerning the same, he shall cause an Advertisement to be inserted in one cover who they are. of the Local Newspapers calling on the next of kin to appear for their interest, and Exertion
shall cause a similar Advertisement to be inserted in one or more of the English WIL. Newspapers if the deceased was a Native of England, or in one of the Edinburgh Newspapers if he was a native of Scotland, or in one of the Dublin Newspapers if he was a Nativé of Ireland. 7
tise for next of kin
Security by Regis.............8.
tor.
Commission of five per cent to
Administrator.
ca
AND IT IS PERTHER ORDERED, That the Registrar of the Supreme Court shall, either on receiving his appointment to that Office, give good and sufficient security, to be approved of by the Chief Justice, for the true and faithful adminis- tration of all estates which shall be committed to his charge; or if he do not fur- nish such general secarity, he shall, before Letters of Administrative are grant- ed to him in any particular case, enter into Boud with good and suficient secu- rities, as is provided by the 4th rule with respect to ordinary adiqinistrators, for the true and faithful administration of such estate. Which Bood shall be executed in favor of Her Majesty, Her heirs and Successor and shall be put in suit by Her Majesty's Attorney General,when directed by the Court so todo, 9. AND IT IS FURTHER ORDERED, That the Registrar of the Supreme Court,when appointed Official Administrator, shall be allowed to charge a Commission of the
منا
19.
AND IT IS FURTHER ORDERED, That every Guardian of lufants, whetherap pointed by the parents of such infants. o by the Court, shall be required to file in Court, twice at least in each year, and oftener if there shall appear to the Chief Justice good reason for calling on him to do so, an account of his admi- nistration of the estate; and at the same time to submit for the inspection and consideration of the Court alf mortgages, bonds, or other securities on which the monies belonging to the said Estate and under his charge shall have been lent or placed out; subject to the same examinations and objections by the Court. in case of incorrectness and to the same penalty for non-compliance, as is vided by the 14th and following Sections respecting accounts of executors and administrators,
Hongkong
Form No. 1. Sec. 1 and 5.
AFFIDAVIT OF DEATH.
pro-
maketh oath and saith that he knew and was well
to wit. -acquainted with the above mentioned
on or about the
when alive. That prior to his death the said
resided at
and died at
day of
leaving property as this deponent verily believeth within the Jurisdiction
of this Court Sworn this
day of
Affidavit of
134 the
Hongkong
to wit.
Before me
Form No. 2 Sec. 2.
AFFIDAVIT OF THE, EXECUTION OF THE WILL.
and
make oath and say that they were personally present at
day of subscribe name to the paper
on or about the
and saw the vaul
writing now.. produced and shown to these deponghts, and publish and declare. the same as and for
last Will and Testament and that in testi- mony thereof at the request and.in the presence of each other they also subs- cribed beret) as witnesses and that the
said
subgenbed to the said writing is ofthe handwriting of the deceased and that the names
and
alen vabeerbed are repectively of the handwriting of these deponents. And theca depocente lastly make bath and jay that the said
at the than of ed eubscribing his name to the said writing
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