CAP. 10]
[s. 64 cont.]
granted by
British courts outside the Colony.
Conditions
to be
fulfilled
before
sealing.
Security for payment of debts.
Duplicate
or copy admissible.
Rules as to practice
under this Part.
c. 6, s. 2 (5).
Probate and Administration.
of the estate of a deceased person, the probate or letters 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 that court.
[67
65. The court shall, before sealing a probate or letters of administration under this Part, be satisfied-
(a) that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in the Colony; and
(b) in the case of letters 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 letters of administration relate, and may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.
[68
66. 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.
[69
67. For the purposes of this Part, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original.
[70
68. The power conferred on the Chief Justice by section 69 of this Ordinance to make general rules and orders, subject to the approval of the Legislative Council, for regulating the procedure and practice, including fees and costs, in the court on and incidental to applications for grants of probate or letters of administration in this Colony shall apply to applications for sealing under this Part, and subject to any exceptions and modifications made by such rules and orders, the enactments for the time being in force in relation to estate duty (including the penal provisions thereof) shall apply as if the person who applies for sealing under this Part were applying for probate or letters of administration.
320
[71
Page 25
Page 26
CAP. 10]
[s. 64 cont.]
granted by
British courts outside the Colony.
Conditions
to he
fulfilled
before
sealing.
Security for payment of debts.
Duplicate
or copy admissible.
Rules as to practice
under this Part.
c. 6, s. 2 (5).
Probate and Administration.
of the estate of a deceased person, the probate or letters 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 that court.
[67
65. The court shall, before sealing a probate or letters of administration under this Part, be satisfied-
(a) that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in the Colony; and
(b) in the case of letters of administration, that secur- ity has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the letters of administration relate, and may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.
[68
66. The court may also, if it thinks fit, on the applica- tion 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.
[69
67. For the purposes of this Part, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original.
[70
68. The power conferred on the Chief Justice by section 69 of this Ordinance to make general rules and orders, sub- 55 & 56 Vict. ject to the approval of the Legislative Council, for regulating the procedure and practice, including fees and costs, in the court on and incidental to applications for grants of probate or letters of administration in this Colony shall apply to applications for sealing under this Part, and subject to any exceptions and modifications made by such rules and orders, the enactments for the time being in force in relation to estate duty (including the penal provisions thereof) shall apply as if the person who applies for sealing under this Part were applying for probate or letters of administration.
320
[71
Page 25Page 26
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