the-ordinances-of-the-legislative-counci-1890 — Page 498

462 ORDINANCE No. 8 OF 1860 .


Probate and Administration.


that the same shall be impounded and be kept in the custody of some
officer of the Court or other proper person for such period and subject to
such conditions as to the said Court or person shall seem meet ; and every

person charged with committing any felony under this Act may be dealt
with, indicted , tried , and , if convicted , sentenced , and his offence may be

laid and charged to have been committed , and every accessory before or
after the fact to any such offence may be dealt with , indicted , tried , and ,
if convicted , sentenced , and his offence laid and charged to have been
committed in the said Colony of Hongkong.
Practice of
13. The practice of the said Court in its Probate Jurisdiction shall ,
the Court.
except where otherwise provided by this Ordinance or by the rules or
orders to be from time to time made under this Ordinance be so far as the

circumstances of the case will admit, according to the practice heretofore
prevailing in the said Court in its Ecclesiastical Jurisdiction .
Mode of 14. Subject to the regulations established or to be established by
taking
evidence in such rules and orders as aforesaid, the witnesses and where necessary the
contentious
matters. parties, in all contentious matters where their attendance can be had , shall
be examined orally by cr before the Judge in open Court : Provided
always , that, subject to any such regulations as aforesaid the parties shall

be at liberty to verify their respective cases , in whole or in part, by affi
davit, but so that the deponent in every such affidavit shall , on the appli
cation of the opposite party be subject to be cross -examined by or on
behalf of such opposite party orally in open Court as aforesaid, and after
such cross- examination may be re-examined orally in open Court as afore

said by or on behalf of the party by whom such affidavit was filed .
Court may
issue com 15. Provided , that when a witness in any such matter is out of the
missions or
jurisdiction of the Court, or when by reason of his illness or otherwise ,
give orders
for examina the Court shall not think fit to enforce the attendance of the witness in
tion of
witnesses open Court, it shall be lawful for the Court to order a commission to issue
abroad or who
are unable to for the examination of such witness upon interrogatories or otherwise , or
attend.
if the witness be within the jurisdiction of the Court, to order the examina

tion of such witness upon interrogatories or otherwise, before any officer of
the said Court, or other person to be named in such order for the purpose
[and all the powers given to the Courts of Law at Westminster by the Acts 13th Geo.
III. cap. 63 , and 1st Will. IV. cap. 22 , for enabling the Courts of Law at Westminster
to issue commissions and give orders for the examination of witnesses in actions depend
ing in such Courts, and to enforce such examination and all the provisions of the said
Acts, and of any other Acts for enforcing or otherwise applicable to such examination