862
No. 2 of 1897.
PROBATES.
Validation of probates, etc.
No. 14 of 1892.
*
It is hereby declared that all probates or letters of administration sealed under granted by a Court of Probate in the United Kingdom and duly sealed with the seal of the Supreme Court under the provisions of the United Kingdom Probates Ordinance, 1892, shall notwithstanding anything in such Ordinance contained be and be deemed to have been as from the date of such sealing of the like force and effect in this Colony as if the words "and in Scotland means the Sheriff Court of the County of Edinburgh " had never been contained in section 4 of that Ordinance.*
Sealing of probate or administration granted in the United Kingdom, and effect thereof.
77
+
67.—(1) Where a Court of Probate in the United Kingdom has granted probate or administration in respect of the estate of a deceased person, the probate or administration so granted may, on being produced to and a copy thereof deposited with the Court, be sealed with the seal of the Court, and thereupon shall be of the like force and effect and have the same operation in the Colony as if granted by the Court.
(2) Provided that the Court shall, before sealing a probate or administration under this section, be satisfied—
(a) that probate duty has been paid in respect of so much, if any, of the estate as is liable to probate duty in the Colony; and,
(b) in the case of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the administration relates;
and the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.
(3) The Court may also, if it thinks fit, on the application of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in the Colony.
(4) For the purposes of this section, a duplicate of any probate or administration sealed with the seal of the Court of Probate granting the same, or a copy thereof certified as correct by or under the authority of such Court, shall have the same effect as the original.
19
* No. 14 of 1892 was repealed by No. 3 of 1897 (old numbering) and section 4 became section 66 of No. 2 of 1897 (Carrington's numbering). Then No. 1 of 1907 deleted the words "and in Scotland means the Sheriff Court of the County of Edinburgh" from section 66 of the 1897 Ordinance with effect from the commencement thereof and also as seen above from the repealed 1892 Ordinance from its commencement. As amended by No. 1 of 1912 and No. 2 of 1912.
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Page 21
862
No. 2 of 1897.
PROBATES.
Validation of probates, etc.
No. 14 of
1892.
*
It is hereby declared that all probates or letters of administration sealed under granted by a Court of Probate in the United Kingdom and duly sealed with the seal of the Supreme Court under the provisions of the United Kingdom Probates Ordinance, 1892, shall notwithstand- ing anything in such Ordinance contained be and be deemed to have been as from the date of such sealing of the like force and effect in this Colony as if the words "and in Scotland means the Sheriff Court of the County of Edinburgh " had never been con- tained in section 4 of that Ordinance.*
Sealing of probate or administra-
tion granted
in the United Kingdom,
and effect
thereof.
77
+
67.—(1) Where a Court of Probate in the United Kingdom has granted probate or administration in respect of the estate of a deceased person, the probate or administration so granted may, on being produced to and a copy thereof deposited with the Court, be sealed with the seal of the Court, and thereupon shall be of the like force and effect and have the same operation in the Colony as if granted by the Court.
(2) Provided that the Court shall, before sealing a probate or administration under this section, be satisfied-
(a) that probate duty has been paid in respect of so much, if any, of the estate as is liable to probate duty in the Colony; and,
(b) in the case of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the administration relates;
and the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.
(3) The Court may also, if it thinks fit, on the application of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in the Colony.
(4) For the purposes of this section, a duplicate of any probate or administration sealed with the seal of the Court of Probate granting the same, or a copy thereof certified as correct by or under the authority of such Court, shall have the same effect as the original.
19
* No. 14 of 1892 was repealed by No. 3 of 1897 (old numbering) and. section 4 became section 66 of No. 2 of 1897 (Carrington's numbering). Then No. 1 of 1907 deleted the words "and in Scotland means the Sheriff Court of the County of Edinburgh from section 66 of the 1897 Ordinance with effect from the commencement thereof and also as soen above from the repealed 1892 Ordinance from its commencement. As amended by No. 1 of 1912 and No. 2 of 1912.
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