hongkong-colonial-ordinances-1847 — Page 87

HK Historical Laws 香港歷史法例 All

18 COLONIAL ORDINANCES .


Court shall Name and Appoint some other fit Person to execute and
return the same, and the said Process shall be directed to the Person so
to be named for that purpose, and the Cause of such Special Proceed-
ings shall be suggested and entered on the Records of the said Court.

Jurisdiction ofCourt. XIV. And be it further enacted and ordained, That the said
Supreme Court shall have the same Jurisdiction in the said Colony of
Hongkong and its Dependencies, as Her Majesty's Courts of Queen's
Legal. Bench, Common Pleas, and Exchequer, lawfully have in England ; and
shall be a Court of Oyer and Terminer and Gaol Delivery, Assize, and
Nisi Prius .


Equitable. XV. And be it further enacted and ordained , That the said
Supreme Court shall be a Court of Equity, with such and the like
Jurisdiction as the Court of Chancery in England ; and shall have and
execute all and singular the Powers and Authorities ofthe Lord High
Chancellor of Great Britain, with full Liberty to appoint and control
Guardians of Infants, and their Estates, and also Keepers of the Persons
and Estates of Idiots, Lunatics, and such as being of Unsound Mind,
are unable to govern Themselves and their Estates.

Ecclesiastical. XVI. And be it further enacted and ordained, That the said
Supreme Court shall be a Court of Ecclesiastical Jurisdiction , with full
Power to grant Probates, under the Seal of the said Court, of the last
Wills and Testaments of all or any of the Inhabitants of the said
Colony and its Dependencies, and all other Persons who shall die, and
leave personal Effects within the said Colony and its Dependencies ;
and to commit Letters of Administration , under the Seal of the said
Court, of the Goods, Chattels, Credits, and all other Effects whatsoever
of the Persons aforesaid, who shall die Intestate, or who having left a
Will, shall not have named an Executor resident within the said
Colony or its Dependencies ; or where an Executor, resident as
aforesaid, being duly cited, shall not appear and sue forth such
Probate ; annexing the Will to the Letters of Administration, when
such Persons shall have left a Will without naming an Executor ; or
where an Executor shall have been named not resident within the
said Colony ; or where an Executor shall have been named resident
within the said Colony or its Dependencies, but who, being duly cited
thereunto, shall not appear and sue forth a Probate thereof; and to
sequester the Goods and Chattels, Credits, and other Effects what-
soever of such Persons so dying, in Cases allowed by Law, as the
same is and may be now used in the Diocese of London : and to
Demand, Require, Take, Hear, Examine, and Allow, and, if occasion
require, to Disallow and Reject the Account of them, in such Manner
and Form as may be used in the said Diocese, and to do all other
things whatsoever needful and necessary in that behalf.

Court to reserve
XVII. Provided always, and be it further enacted and ordained,
Power of Revocation. That the said Supreme Court is hereby authorised and required,
where Letters of Administration shall be committed with the Will
annexed for want of an Executor applying in due Time to sue forth
the Probate, to reserve in such Letters of Administration full Power
and Authority to revoke the same, and to grant Probate of the said
Will to such Executor, whenever he shall duly appear and sue forth
the same.
XVIII.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.