D. 1897.]
PROBATES.
[No. 2.
291
PART I.
JURISDICTION AND POWERS OF THE COURT.
1.
Jurisdiction of the Court in matters of administration, probate and administration.
(1.) The voluntary and contentious jurisdiction and authority in general relating to the granting and revocation of probate of wills and of letters of administration of the estates of deceased persons, together with full authority to hear and determine all questions relating to matters and causes testamentary, shall as heretofore belong to and be vested in and exercised in the name of Her Majesty by the Supreme Court of Hongkong.
20 & 21 Vict. c. 77 s. 4.
(2) The Supreme Court shall as heretofore, for the purposes of this Ordinance, be deemed a Court of Probate and shall be a Court of Record, and shall have the same powers, and its grants and orders shall have the same effect, in this Colony, and in relation to the estates in this Colony of deceased persons, as the Supreme Court and its grants and orders respectively now have or hitherto have had in relation to matters and causes testamentary and estates of deceased persons within the jurisdiction of the Supreme Court; and all duties which are or have been imposed or should be performed by the Supreme Court in respect of probates, administrations, and matters and causes testamentary shall be performed by the Supreme Court under the probate jurisdiction hereby continued : Provided that no suits for legacies, or suits for the distribution of residues, shall be entertained by the Supreme Court in its probate jurisdiction.
4 The Judge shall have and may exercise full power of altering and amending any grant of probate or of administration, whether made before or after the commencement of this Ordinance.
6 No officer or clerk of the Court shall, during the time of his holding office, directly or indirectly practise as an advocate, barrister, proctor, attorney, or solicitor, or receive or participate in the fees of any person so practising...
6. All probates, administrations, orders, and other instruments, and exemplifications and copies thereof, shall respectively be sealed with the Seal of the Supreme Court; and any such document purporting to be so sealed shall be received in evidence, in any cause or proceeding of whatever kind, without further proof thereof.
Power of probate, etc., already granted. Prohibition of officer of the Court practising as advocate, etc.
Sealing of documents.
Ib. s. 22.
(1.) The Court may require the attendance of any party in person, and of any person whom it may think fit to examine or cause to be examined, in any action or other proceeding in respect of matters or causes testamentary, and may examine or cause to be examined upon oath or affirmation parties and witnesses by word of mouth, and may, either before or after any issue is joined or any allegation is made or denied by the parties or any of them...
Ib. s. 24.
Powers as to requiring attendance of parties and witnesses.
Examining parties and witnesses.
19A
D. 1897.]
PROBATES.
[No. 2.
291
PART I.
JURISDICTION AND POWERS OF THE COURT.
1.
jurisdiction
of the Court in matters of administra-
probate and
3(1.) The voluntary and contentious jurisdiction and authority in General
on to the granting and revocation of probate of wills and of letters dministration of the estates of deceased persons, together with full thority to hear and determine all questions relating to matters and ses testamentary, shall as heretofore belong to and be vested in and exercised in the name of Her Majesty by the Supreme Court of Tingkong.
tion.
20 & 21 Fict.
c. 77 s. 4.
2) The Supreme Court shall as heretofore, for the purposes of this b. s. 28. dinance, be deemed a Court of Probate and shall be a Court of Record, nd shall have the same powers, and its grants and orders shall have the me effect, in this Colony, and in relation to the estates in this Colony. deceased persons, as the Supreme Court and its grants and orders respectively now have or hitherto have had in relation to matters and uses testamentary and estates of deceased persons within the jurisdiction the Supreme Court; and all duties which are or have been imposed or should be performed by the Supreme Court in respect of probates, ministrations, and matters and causes testamentary shall be performed the Supreme Court under the probate jurisdiction hereby continued : vided that no suits for legacies, or suits for the distribution of residues, all be entertained by the Supreme Court in its probate jurisdiction. 4 The Judge shall have and may exercise full power of altering and mending any grant of probate or of administration, whether made efore or after the commencement of this Ordinance.
6 No officer or clerk of the Court shall, during the time of his holding office, directly or indirectly practise as an advocate, barrister, ootor, attorney, or solicitor, or receive or participate in the fees of any
person so practising...
6. All probates, administrations, orders, and other instruments, and exemplifications and copies thereof, shall respectively be sealed with Seal of the Supreme Court; and any such document purporting to so sealed shall be received in evidence, in any cause or proceeding of hatever kind, without further proof thereof.
Power of probate, etc., already granted. Prohibition the Court practising as advocate, etc.
altering
of officer of
Sealing of
documents.
b. s. 22.
attendance of
(1.) The Court may require the attendance of any party in person, Powers as to of any person whom it may think fit to examine or cause to be requiring mined, in any action or other proceeding in respect of matters or fres testamentary, and may
may examine or cause to be examined upon parties and witnesses by word of mouth, and may, either before witnesses.
19A
and examin- parties and
ing
Ib. s. 24.
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