834
No. 2 of 1897.
Power to
sions relating to colonial probates to British possession.
PROBATES.
70. The Governor in Council may, on being satisfied that the legislature of any British possession has made adequate provision for the recognition in that possession of probates and administrations granted by the court, direct by order that the provisions of this Part relating to colonial probates shall, subject to any exceptions and modifications specified in the order, apply to that possession, and thereupon, while the order is in force, those provisions shall apply accordingly.
Sealing of probate or administra-
in British possession, and effect thereof.
71.-(1) Where a court of probate in a British possession to which the provisions of this Part relating to colonial probates apply 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 or estate duty has been paid in respect of so much, if any, of the estate as is liable to probate duty or estate 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.
* For list of places to which by virtue of this section the provisions of Part VI relating to Colonial probates have been applied see Hodgson's Regulations of Hongkong, 1914, p. 466-467, and G.N. 143 of 1916. As amended by No. 16 of 1915.
834
No. 2 of 1897.
Power to
sions relating to colonial probates to British possession.
PROBATES.
70. The Governor in Council may, on being satisfied that apply proving the legislature of any British possession has made adequate provision for the recognition in that possession of probates and administrations granted by the court, direct by order that the provisions of this Part relating to colonial probates shall, subject to any exceptions and modifications specified in the order, apply to that possession, and thereupon, while the order is in force, those provisions shall apply accordingly.
E
Sealing of probate or administra-
in British possession, and effect thereof.
71.-(1) Where a court of probate in a British possession to which the provisions of this Part relating to colonial tion granted probates apply 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.
ț
(2) Provided that the court shall, before sealing a probate or administration under this section, be satisfied-
(a) that probate duty or estate duty has been paid in respect of so much, if any, of the estate as is liable to probate duty or estate duty in the Colony; and,
1
(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 cour, shall have the same effect as the original.
* For list of places to which by virtue of this section the provisions of Part VI relating to Colonial probates have been applied see Hodgson's Regulations of Hongkong, 1914, p. 466-467, and G.N. 143 of 1916. As amended by No. 16 of 1915,
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