the-ordinances-of-the-legislative-counci-1890 — Page 500

HK Historical Laws 香港歷史法例 All

464 ORDINANCE No. 8 of 1860 .


Probate and Administration.


according to the evidence and upon every such trial the Court shall have
the same powers , jurisdiction , and authority as belong to the said Judge
of the said Supreme Court sitting at nisi prius.
The Judge 20. It shall be lawful for the Judge of the said Court for the time
may sit in
Chambers . being to sit in Chambers for the dispatch of such business of the said
Court under this Ordinance as can , in the opinion of the said Judge with
advantage to the suitors, be heard in Chambers : And the times at which

such sittings shall be held shall from time to time be fixed by the
Judge . Provided always that no question shall be heard in Chambers
which either party shall require to be heard in open Court.
Powers of 21. The Judge of the said Court when so sitting in Chambers shall
Judge when
sitting in have and exercise the same power and jurisdiction in respect of the busi
Chambers.
ness to be brought before him as if sitting in open Court.
Caveats. 22. Caveats against the grant of probates or administration may be
lodged in the Registry of the said Court in its Probate Jurisdiction and

( subject to any rules or orders under this Ordinance) the practice and
procedure under such caveats in the Court of Probate shall as near as may
be, correspond with the practice and procedure under caveats heretofore
in use in the said Supreme Court in its Ecclesiastical Jurisdiction .

Judge to 23. The Judge shall cause to be made from time to time in the Re
cause calen
dars to be gistry of the said Court in its Probate Jurisdiction , calendars of the grants
made from
time to time. of probate and administration therein for such periods as the Judge may
think fit, each such calendar to contain a note of every probate or admi
nistration with the will annexed granted within the period therein speci
fied, and also a note of every other administration granted within the same
period , such respective notes setting forth the dates of such grants, the
names of the testators and intestates, the place and time of death, the
names and descriptions of the executors and administrators, and the value

of the effects as set forth in any commission of appraisement and the ca
lendars to be so made shall be printed as the same are from time to time
completed.

Registrar to 24. The Registrar shall cause a copy of every calendar to be trans
transmit co
pies to cer mitted through the post to the Principal Registry of Her Majesty's Court
tain offices.
of Probate in England , to the Principal Registry of Her Majesty's Court
of Probate in Ireland, to the office of the Commissary of the County of
Midlothian in Edinburgh, and such other offices if any as the said Judge
shall from time to time by rule or order direct.

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