1937_PROBATES_ORDINANCE__1897 — Page 3

HK Historical Laws 香港歷史法例 All AI Reviewed

PROBATES.

No. 2 of 1897.

497

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.

of officer of the court

5. No officer or clerk of the court shall, during the time he holds such office, directly or indirectly practise as a barrister or solicitor, or receive or participate in the fees of any other person so practising.

documents.

6. All probates, administrations, orders and other instruments, and all 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.

attendance
of and examining parties and

7.-(1) The court may require the attendance of any party in person, or 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 parties and witnesses by word of mouth, and may, either before or after or with or without such examination, cause them or any of them to be examined upon interrogatories or receive their or any of their affidavits.

(2) The court may by writ require the attendance of any such party or witness, and order to be produced before itself or otherwise any deeds, evidences, or writings, in the same form, as nearly as may be, as that in which a writ of subpœna ad testificandum or of subpœna duces tecum is now issued by the Supreme Court in its original jurisdiction.

c. 77, s. 24.

8. The court shall have the like powers, jurisdiction, and authority for enforcing the attendance of persons required by it as aforesaid, and for punishing persons failing, neglecting, or refusing to produce deeds, evidences, or writings, or refusing to appear, or to be sworn, or to give evidence, or guilty of contempt, and generally for enforcing all orders, decrees, and judgments made or given by the court under this Ordinance and otherwise in relation to the matters to be inquired into and

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PROBATES. No. 2 of 1897. 497 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. of officer of the court 5. No officer or clerk of the court shall, during the time he holds such office, directly or indirectly practise as a barrister or solicitor, or receive or participate in the fees of any other person so practising. documents. 6. All probates, administrations, orders and other instruments, and all 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. attendanceof and examining parties and 7.-(1) The court may require the attendance of any party in person, or 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 parties and witnesses by word of mouth, and may, either before or after or with or without such examination, cause them or any of them to be examined upon interrogatories or receive their or any of their affidavits. (2) The court may by writ require the attendance of any such party or witness, and order to be produced before itself or otherwise any deeds, evidences, or writings, in the same form, as nearly as may be, as that in which a writ of subpœna ad testificandum or of subpœna duces tecum is now issued by the Supreme Court in its original jurisdiction. c. 77, s. 24. 8. The court shall have the like powers, jurisdiction, and authority for enforcing the attendance of persons required by it as aforesaid, and for punishing persons failing, neglecting, or refusing to produce deeds, evidences, or writings, or refusing to appear, or to be sworn, or to give evidence, or guilty of contempt, and generally for enforcing all orders, decrees, and judgments made or given by the court under this Ordinance and otherwise in relation to the matters to be inquired into and
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PROBATES. No. 2 of 1897. 497 be entertained by the Supreme Court in its probate jurisdiction. 4. The judge shall have and may exercise full power of Power of altering and amending any grant of probate or of administra- altering probate, tion, whether made before or after the commencement of this etc., already Ordinance.. granted. of officer of the court 5. No officer or clerk of the court shall, during the time Prohibition of his holding such office, directly or indirectly practise as a barrister or solicitor, or receive or participate in the fees of any practising. other person so practising. documents. 6. All probates, administrations, orders and other instru- Sealing of ments, and all exemplifications and copies thereof, shall respec- 20 & 21 Vict. tively be sealed with the seal of the Supreme Court; and any c. 77, s. 22. such document purporting to be so sealed shall be received in evidence, in any cause or proceeding of whatever kind, without further proof thereof. attendance of and examining parties and 7.-(1) The court may require the attendance of any party Powers as in person, or of any person whom it may think fit to examine to requiring 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 parties and witnesses by word witnesses. of mouth, and may, either before or after or with or without 20 & 21 Vict. such examination, cause them or any of them to be examined upon interrogatories or receive their or any of their affidavits. (2) The court may by writ require the attendance of any such party or witness, and order to be produced before itself or otherwise any deeds, evidences, or writings, in the same. form, as nearly as may be, as that in which a writ of subpœna ad testificandum or of subpœna duces tecum is now issued by the Supreme Court in its original jurisdiction. c. 77, s. 24. 8. The court shall have the like powers, jurisdiction, and General authority for enforcing the attendance of persons required by powers of enforcing it as aforesaid, and for punishing persons failing, neglecting, process. or refusing to produce deeds, evidences, or writings, or refusing 20 & 21 Vict. c. 77, s. 25. to appear, or to be sworn, or to give evidence, or guilty of contempt, and generally for enforcing all orders, decrees, and judgments made or given by the court under this Ordinance and othe.wise in relation to the matters to be inquired into and
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PROBATES.

No. 2 of 1897.

497

be entertained by the Supreme Court in its probate jurisdiction.

4. The judge shall have and may exercise full power of Power of altering and amending any grant of probate or of administra- altering probate, tion, whether made before or after the commencement of this etc., already Ordinance..

granted.

of officer of the court

5. No officer or clerk of the court shall, during the time Prohibition of his holding such office, directly or indirectly practise as a barrister or solicitor, or receive or participate in the fees of any practising. other person so practising.

documents.

6. All probates, administrations, orders and other instru- Sealing of ments, and all exemplifications and copies thereof, shall respec- 20 & 21 Vict. tively be sealed with the seal of the Supreme Court; and any c. 77, s. 22. such document purporting to be so sealed shall be received in evidence, in any cause or proceeding of whatever kind, without further proof thereof.

attendance

of and examining parties and

7.-(1) The court may require the attendance of any party Powers as in person, or of any person whom it may think fit to examine to requiring 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 parties and witnesses by word witnesses. of mouth, and may, either before or after or with or without 20 & 21 Vict. such examination, cause them or any of them to be examined upon interrogatories or receive their or any of their affidavits.

(2) The court may by writ require the attendance of any such party or witness, and order to be produced before itself or otherwise any deeds, evidences, or writings, in the same. form, as nearly as may be, as that in which a writ of subpœna ad testificandum or of subpœna duces tecum is now issued by the Supreme Court in its original jurisdiction.

c. 77, s. 24.

8. The court shall have the like powers, jurisdiction, and General authority for enforcing the attendance of persons required by powers of enforcing it as aforesaid, and for punishing persons failing, neglecting, process. or refusing to produce deeds, evidences, or writings, or refusing

20 & 21 Vict. c. 77, s. 25. to appear, or to be sworn, or to give evidence, or guilty of contempt, and generally for enforcing all orders, decrees, and judgments made or given by the court under this Ordinance and othe.wise in relation to the matters to be inquired into and

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