300
Validation of payments made under defective probate or administra-
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1807
the person to whom probate or administration is afterwards granted might have lawfully made.
43. All persons making or permitting to be made any payment or transfer bona fide upon any probate or administration granted in respect of the estate of any deceased person shall be indemnified and protected in so doing, notwithstanding any defect or other thing whatsoever 20 & 21 Vict. affecting the validity of such probate or administration.
tion.
c. 77, s. 78. Continuance of proceedings begun, under temporary administra-tion subsequently revoked. Ib. s. 76.
Practice in matters not provided for.
44. Where, before the revocation of any temporary administration, any proceedings have been commenced in the Supreme Court in its original jurisdiction by or against any administrator so appointed, the Court in its probate jurisdiction may order that a suggestion be made upon the record of the revocation of such administration, and of the grant of probate or administration which has been made consequent thereupon, and that the proceedings shall be continued in the name of the new executor or administrator in like manner as if the proceedings had been originally commenced by or against such new executor or administrator, but subject to such conditions and variations, if any, as the Court may direct.
Practice.
45. The practice of the Court shall, except where otherwise provided by this Ordinance or by the rules or orders from time to time made thereunder, be, so far as the circumstances of the case will admit, according to the practice hitherto prevailing in the same.
Ib. s. 29.
Sittings in Chambers.
c. 95 s. 3.
46. It shall be lawful for the Judge to sit in Chambers for the despatch of such business of the Court as can, in the opinion of the Judge, with advantage to the suitors be heard in Chambers; and the times at which such sittings shall be held shall from time to time be fixed by the Judge. Provided that no matter shall be heard in Chambers which either party requires to be heard in Court.
Powers of Judge sitting in Chambers.
47. The Judge, when so sitting in Chambers, shall have and exercise the same power and jurisdiction in respect of any business brought before him as if he were sitting in Court.
Powers of the Court with regard to costs.
48. The Court shall have the same powers with regard to the costs on any action or other proceeding as the Supreme Court has with regard to costs in actions and other proceedings in its original jurisdiction.
Evidence.
49.(1.) Subject to any rules or orders made under this Ordinance, the witnesses, and where necessary the parties, in all contentious matters, where their attendance can be had shall be examined orally by or before 20 & 21 Vict. c. 77 s. 31.
300
Validation of payments made under defective probate or administra-
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1807
the person to whom probate or administration is afterwards gran might have lawfully made.
43. All persons making or permitting to be made any payment transfer bona fide upon any probate or administration granted in respe of the estate of any deceased person shall be indemnified and protecte in so doing, notwithstanding any defect or other thing whatsoev 20 & 21 Vict. affecting the validity of such probate or administration.
tion.
c. 77, s. 78. Continuance of proceed-
ings begun, under
temporary administra- tion subse- quently revoked. Ib. s$76.
Practice in matters not
44. Where, before the revocation of any temporary administration any proceedings have been commenced in the Supreme Court in its or ginal jurisdiction by or against any administrator so appointed, the Com in its probate jurisdiction may order that a suggestion be made upon th record of the revocation of such administration, and of the grant of pr bate or administration which has been made consequent thereupon, au that the proceedings shall be continued in the name of the new executo or administrator in like manner as if the proceedings had been originally commenced by or against such new executor or administrator, but su ject to such conditions and variations, if any, as the Court may direct
Practice.
*།
45. The practice of the Court shall, except where otherwise provided provided for. by this Ordinance or by the rules or orders from time to time made
thereunder, be, so far as the circumstances of the case will admi according to the practice hitherto prevailing in the same.
Ib. s. 29.
Sittings in
Chambers.
c. 95 8. 3..
►
46. It shall be lawful for the Judge to sit in Chambers for the despator 21 & 22 Vict. of such business of the Court as can, in the opinion of the Judge, with
advantage to the suitors be heard in Chambers; and the times at whic such sittings shall be held shall from time to time be fixed by the Judge Provided that no matter shall be heard in Chambers which either party requires to be heard in Court.
Powers of
Judge sitting
47. The Judge, when so sitting in Chambers, shall have and exercise in Chambers. the same power and jurisdiction in respect of any business brough
before him as if he were sitting in Court.
Powers of the
Court with
regard to
costs.
Examination
of parties and witnesses.
L
48. The Court shall have the same powers with regard to the costs on any action or other proceeding as the Supreme Court has with regard costs in actions and other proceedings in its original jurisdiction.
Evidence.
49.(1.) Subject to any rules or orders made under this Ordinance the witnesses, and where necessary the parties, in all contentious matter. 20 & 21 Vict. where their attendance can be had shall be examined orally by or befor
c. 77 s. 31.
No comments yet.
Private notes are available after approval.