ORDINANCE No. 1 of 1861.
Probate Amendment.
No. 1 of 1861.
Preamble.
Repeal of sections 10 & 11 of No. 8 of 1860.
An Ordinance for amending Ordinance No. 8 of 1860.
[23rd March, 1861.]
WHEREAS it is necessary to amend Ordinance No. 8 of 1860, intituled "An Ordinance to amend the Law in relation to the Grant and Revocation of Probates of Wills and Letters of Administration in Hongkong: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. Sections 10 and 11 of Ordinance No. 8 of 1860 are hereby repealed and instead thereof there shall be substituted the following two sections to be numbered respectively 10 and 11, that is to say:-
Affidavits, &c. before whom to be made when persons making them reside in Foreign Parts.
Affidavits made in British dominions before whom to be sworn.
Portion of section 15 of No. 8 of 1860 to be struck out.
Provision for reprints of Ordinance No. 8 of 1860.
10. Affidavits declarations or affirmations of persons residing in Foreign Parts if sworn declared or affirmed before the persons empowered to administer oaths under the Act of the 6th Geo. IV. cap. 87 or under the Act of the 18th and 19th Vict. cap. 42 before any Foreign Local Magistrate or other person having authority to administer an oath in places where there are no such persons as are mentioned in the said Acts may be used in the said Court in its Probate Jurisdiction.
11. Affidavits declarations and affirmations sworn made and taken in any place out of the Colony of Hongkong under the dominion of Her Majesty before any Court, Judge, Notary Public, or person lawfully authorized to administer oaths in such place may be used in the said Court in its Probate Jurisdiction. And all officers of the said Court shall take judicial notice of the seal or signature, as the case may be, of any such Court, Judge, Notary Public, or person which shall be attached, suspended, or subscribed to any such affidavit, declaration, or affirmation or to any other document.
2. All of section 15 of Ordinance No. 8 of 1860 from the words in the seventh line "and all the" to the end inclusive shall be struck out.
3. In every reprinted copy of Ordinance No. 8 of 1860 the amendments herein before specified in respect of the same shall be made by the printer before publishing the same; and it shall not be afterwards necessary to print or reprint this Ordinance.
488
ORDINANCE No. 1 of 1861.
Probate Amendment.
No. 1 of 1861.
Preamble.
Repeal of sections 10 &
W
An Ordinance for amending Ordinance No. 8 of 1860.
[23rd March, 1861.] HEREAS it is necessary to amend Ordinance No. 8 of 1860, inti- tuled "An Ordinance to amend the Law in relation to the Grant and Revocation of Probates of Wills and Letters of Administration in Hongkong: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. Sections 10 and 11 of Ordinance No. 8 of 1860 are hereby repeal- 11 of No. 8 of ed and instead thereof there shall be substituted the following two sec- tions to be numbered respectively 10 and 11, that is to say:-
1860.
Affidavits, &c. before whom to be made
when persons making them reside in Foreign Parts.
Affidavits
made in Bri- tish domi- nions before whom to bo
sworn.
Portion of
section 15 of No. 8 of 1860 to be struck out.
Provision for reprints of Ordinance
No. 8 of 1860.
10. Affidavits declarations or affirmations of persons residing in Foreign Parts if sworn declared or affirmed before the persons em- powered to administer oaths under the Act of the 6th Geo. IV. cap. 87 or under the Act of the 18th and 19th Vict. cap. 42 before any Foreign Local Magistrate or other person having authority to ad- minister an oath in places where there are no such persons as are mentioned in the said Acts may be used in the said Court in its Probate Jurisdiction.
11. Affidavits declarations and affirmations sworn made and taken in any place out of the Colony of Hongkong under the do- minion of Her Majesty before any Court, Judge, Notary Public, or person lawfully authorized to administer oaths in such place may be used in the said Court in its Probate Jurisdiction. And all officers of the said Court shall take judicial notice of the seal or signature, as the case may be, of any such Court, Judge, Notary Public, or person which shall be attached, suspended, or sub- scribed to any such affidavit, declaration, or affirmation-or to any other document.
2. All of section 15 of Ordinance No. 8 of 1860 from the words in the seventh line "and all the" to the end inclusive shall be struck out.
3. In every reprinted copy of Ordinance No. 8 of 1860 the amend- ments herein before specified in respect of the same shall be made by the printer before publishing the same; and it shall not be afterwards neces- sary to print or reprint this Ordinance.
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