ORDINANCE No. 6 OF 1845.
Supreme Court.
to execute and return the same, and the said process shall be directed to the person so to be named for that purpose, and the cause of such special proceedings shall be suggested and entered on the records of the said Court. [Repealed by Ordinance No. 1 of 1873.]
14. And be it further enacted and ordained, that the said Supreme Court shall have the same jurisdiction in the said Colony of Hongkong and its dependencies, as Her Majesty's Courts of Queen's Bench, Common Pleas, and Exchequer, lawfully have in England; and shall be a Court of Oyer and Terminer and Gaol delivery, Assize, and Nisi Prius.
15. And be it further enacted and ordained, that the said Supreme Court shall be a Court of Equity, with such and the like jurisdiction as the Court of Chancery in England; and shall have and execute all and singular the powers and authorities of the Lord High Chancellor of England, with full liberty to appoint and control guardians of infants, and their estates, and also keepers of the persons and estates of idiots, lunatics, and such as being of unsound mind, are unable to govern themselves and their estates.
16. And be it further enacted and ordained, that the said Supreme Court shall be a Court of Ecclesiastical Jurisdiction, with full power to grant probates, under the seal of the said Court, of the last wills and testaments of all or any of the inhabitants of the said Colony and its dependencies, and all other persons who shall die, and leave personal effects within the said Colony and its dependencies; and to commit letters of administration, under the seal of the said Court, of the goods, chattels, credits, and all other effects whatsoever of the persons aforesaid, who shall die intestate, or who having left a will, shall not have named an executor resident within the said Colony or its dependencies; or where an executor, resident as aforesaid, being duly cited, shall not appear and sue forth such probate: annexing the will to the letters of administration, when such persons shall have left a will without naming an executor, or where an executor shall have been named not resident within the said Colony, or where an executor shall have been named resident within the said Colony or its dependencies, but, who, being duly cited thereunto, shall not appear and sue forth a probate thereof: and to sequester the goods and chattels, credits, and other effects whatsoever of such persons so dying, in cases allowed by law, as the same is and may be now used in the diocese of London and to demand, require, take, hear, examine, and allow, and, if occasion require, to disallow and reject the account of them, in such manner and form as may be used in the said diocese and to do all other things whatsoever needful and necessary in that behalf. [Repealed by Ordinances No. 5 of 1858 and No. 8 of 1860.]
17. Provided always, and be it further enacted and ordained, that the said Supreme Court is hereby authorized and required, where letters of administration shall be committed with the will annexed for want of an executor applying in due time to sue forth the probate, to reserve in such letters of administration full power and authority to revoke the same, and to grant probate of the said will to such executor,
Page 123
Jurisdiction of Court.
Legal.
Equitable.
Ecclesiastical.
Court to reserve power of revocation.
ORDINANCE No. 6 OF 1845.
Supreme Court.
to execute and return the same, and the said process shall be directed to the person so to be named for that purpose, and the cause of such special proceedings shall be sug- gested and entered on the records of the said Court. [Repealed by Ordinance No. 1 of 1873.]
14. And be it further enacted and ordained, that the said Supreme Court shall have the same jurisdiction in the said Colony of Hongkong and its dependencies, as Her Majesty's Courts of Queen's Bench, Common Pleas, and Exchequer, lawfully have in England; and shall be a Court of Oyer and Terminer and Gaol delivery, Assize, and Nisi Prius.
15. And be it further enacted and ordained, that the said Supreme Court shall be a Court of Equity, with such and the like jurisdiction as the Court of Chancery in England; and shall have and execute all and singular' the powers and authorities of the Lord High Chancellor of England, with full liberty to appoint and control guar- dians of infants, and their estates, and also keepers of the persons and estates of idiots, lunatics, and such as being of unsound mind, are unable to govern themselves
and their estates.
16. And be it further enacted and ordained, that the said Supreme Court shall be a Court of Ecclesiastical Jurisdiction, with full power to grant probates, under the seal of the said Court, of the last wills and testaments of all or any of the inhabitants of the said Colony and its dependencies, and all other persons who shall die, and leave personal effects within the said Colony and its dependencies; and to commit letters of administration, under the seal of the said Court, of the goods, chattels, credits, and all other effects whatsoever of the persons aforesaid, who shall die intestate, or who having left a will, shall not have named an executor resident within the said Colony or its dependencies; or where an executor, resident as aforesaid, being duly cited, shall not appear and sue forth such probate: annexing the will to the letters of administration, when such persons shall have left a will without naming an executor, or where an executor shall have been named not resident within the said Colony, or where an executor shall have been named resident within the said Colony or its dependencies, but, who, being duly cited thereunto, shall not appear and sue forth a probate thereof: and to sequester the goods and chattels, credits, and other effects whatsoever of such persons so dying, in cases allowed by law, as the same is and may be now used in the diocese of London and to demand, require, take, hear, examine, and allow, and, if occasion require, to disallow and reject the account of them, in such manner and form as may be used in the said diocese and to do all other things whatsoever needful and necessary in that behalf. [Repealed by Ordinances No. 5 of 1858 and No. 8 of 1860.]
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17. Provided always, and be it further enacted and ordained, that the said Supreme Court is hereby authorized and required, where letters of administration shall be committed with the will annexed for want of an executor applying in due time to sue forth the probate, to reserve in such letters of administration full power and authority to revoke the same, and to grant probate of the said will to such executor,
123
Jurisdiction of Court.
Legal.
Equitable.
Ecclesiastical.
Court to reserve power of revo. cation.
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