the-ordinances-of-the-legislative-counci-1890 — Page 494

HK Historical Laws 香港歷史法例 All

458 ORDINANCE No. 8 OF 1860 .


Probate and Administration.


No. 8 of 1860.

[See Ords. An Ordinance to amend the Law in relation to the Grant and
No. 9 of 1870,
and No. 10 of Revocation of Probates of Wills and Letters of Administra
1886.]
tion in Hongkong.

[30th April, 1860. ]
Preamble.
WHEREAS it is expedient to amend the law in relation to the grant
and revocation of probates of wills and letters of administration
.

within the Colony of Hongkong : Be it therefore enacted and ordained by
His Excellency the Governor of Hongkong, with the advice of the Legis
lative Council thereof, as follows :----

Repeal of 1. Sections 16 to 22 both inclusive of Ordinance No. 6 of 1845 shall
certain
sections of be and the same are hereby repealed .
No. 6 of 1845 .
Interpre 2. In the construction of this Ordinance unless the context be in
tation of
terms. consistent with the meaning hereby assigned.

" Will " shall comprehend " Testament " and all other testa
mentary instruments of which probate may now be or might at
any time heretofore have been granted .

" Administration " shall comprehend all letters of adminis
tration of the effects of deceased persons , whether with or with
out the will annexed, and whether granted for general , special,
or limited purposes .

" Matters and Causes Testamentary " shall comprehend all
matters and causes relating to the grant and revocation of probate
of wills or of administration.

" Common Form Business " shall mean the business of

obtaining probate and administration where there is no contention

as to the right thereto , including the passing of probates and
administrations through the Court of Probate in contentious.
cases when the content is terminated , and all business of a non

contentious nature to be taken in the Court in matters of testacy
and intestacy , not being proceedings in any suit, and also the
business of lodging caveats against the grant of probate or ad
ministration .

Testamentary 3. The voluntary and contentious jurisdiction and authority in rela
jurisdiction
to be exer tion to the granting or revoking probate of wills and letters of adminis
cised by the
tration of the effects of deceased persons , together with full authority to

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