ORDINANCE No. 8 OF 1860.
Probate and Administration.
duties in reference to matters and causes testamentary as may be assigned to them from time to time by any rules and orders under this Ordinance and the Commissioners for taking oaths in the said Court in its Common Law and Equitable Jurisdiction shall be Commissioners for taking oaths and declarations in the said Court in its Probate Jurisdiction.
10. In cases where it is necessary to obtain affidavits, declarations, or affirmations to be used in the said Court in its Probate Jurisdiction from persons residing in foreign parts the same may be sworn, declared, or affirmed before the persons empowered to administer oaths under the Act of the 6th Geo. IV. c. 87 or under the Act of the 18th and 19th Vict. c. 42: Provided that in places where there are no such persons as are mentioned in the said Acts, such affidavits, declarations, or affirmations may be made, declared, and affirmed before any foreign local Magistrate or other person having authority to administer an oath. [Repealed by Ordinance No. 1 of 1861 and new section substituted.]
11. Affidavits, declarations, and affirmations to be used in the said Court in its Probate Jurisdiction may be 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: 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.
Commissioners.
461
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.
Penalty on forging or counterfeiting seals or signature.
12. If any person forge the signature of any Registrar or Commissioner for taking oaths or forge or counterfeit any seal of the said Court in its Probate Jurisdiction or forge or counterfeit any such seal or signature as in the last preceding section is mentioned or any seal or signature impressed, affixed, or subscribed under the provisions of the said Act of the 6th Geo. IV. cap. 87 or the 18th and 19th Vict. cap. 42 to any affidavit, declaration, or affirmation to be used in the said Court in its Probate Jurisdiction or willingly use or concur in using any such forged or counterfeit signature or seal or tender in evidence any document as aforesaid with a false or counterfeit signature or seal knowing the same signature or seal to be false or counterfeit, every such person shall be guilty of felony, and shall upon conviction be liable to penal servitude for the term of his life or any term not less than seven years or to imprisonment for any term not exceeding three years with or without hard labour: And whenever any such document has been admitted in evidence by virtue of this Act, the Court or the person who has admitted the same may at the request of any party against whom the same is so admitted in evidence, direct
ORDINANCE No. 8 OF 1860.
Probate and Administration.
duties in reference to matters and causes testamentary as may be assigned to them from time to time by any rules and orders under this Ordinance and the Commissioners for taking oaths in the said Court in its Common Law and Equitable Jurisdiction shall be Commissioners for taking oaths and declarations in the said Court in its Probate Jurisdiction.
10. In cases where it is necessary to obtain affidavits, declarations, or affirmations to be used in the said Court in its Probate Jurisdiction from persons residing in foreign parts the same may be sworn, declared, or affirmed before the persons empowered to administer oaths under the Act of the 6th Geo. IV. c. 87 or under the Act of the 18th and 19th Vict. c. 42: Provided that in places where there are no such persons as are mentioned in the said Acts, such affidavits, declarations, or affirmations may be made, declared, and affirmed before any foreign local Magistrate or other person having authority to administer an oath. [Repealed by Ordinance No. 1 of 1861 and new section substituted.]
11. Affidavits, declarations, and affirmations to be used in the said Court in its Probate Jurisdiction may be 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: 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 docu- ment. [Repealed by Ordinance No. 1 of 1861 and new section substituted.]
Commis. sioners.
461
Affidavits, &e. bofore whom to be made when persons making them reside in foreign parts.
Affidavits madein British domi- nions before whom to be
sworn.
Penalty on forging or counterfeit- ing seals or
12. If any person forge the signature of any Registrar or Commis. sioner for taking oaths or forge or counterfeit any seal of the said Court in its Probate Jurisdiction or forge or counterfeit any such seal or signature signature. as in the last preceding section is mentioned or any seal or signature im- pressed, affixed, or subscribed under the provisions of the said Act of the 6th Geo. IV. cap. 87 or the 18th and 19th' Vict. cap. 42 to any affidavit, declaration, or affirmation to be used in the said Court in its Probate Ju- risdiction or willingly use or concur in using any such forged or counter- feit signature or seal or tender in evidence any document as aforesaid with a false or counterfeit signature or seal knowing the same signature or seal to be false or counterfeit, every such person shall be guilty of felony. and shall upon conviction be liable to penal servitude for the term of his life or any term not less than seven years or to imprisonment for any term not exceeding three years with or without hard labour: And whenever any such document has been admitted in evidence by virtue of this Act, the Court or the person who has admitted the same may at the request of any party against whom the same is so admitted in evidence, direct
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