the-ordinances-of-the-legislative-counci-1890 — Page 524

488 ORDINANCE No. 1 OF 1861 .


Probate Amendment.


No. 1 of 1861.

An Ordinance for amending Ordinance No. 8 of 1860.

[ 23rd March, 1861. ]
Preamble. HEREAS it is necessary to amend Ordinance No. 8 of 1860 , inti
WH
tuled " An Ordinance to amend the Law in relation to the Grant
and Revocation of Probates of Wills and Letters of Administration in

Hongkong : Be it therefore enacted and ordained by His Excellency the
Governor of Hongkong, with the advice of the Legislative Council thereof,
as follows :

Repeal of 1. Sections 10 and 11 of Ordinance No. 8 of 1860 are hereby repeal
sections 10 &
11 of No. 8 of ed and instead thereof there shall be substituted the following two sec
1860.
---
tions to be numbered respectively 10 and 11 , that is to say :
Affidavits, &c. 10. Affidavits declarations or affirmations of persons residing in
before whom
to be made Foreign Parts if sworn declared or affirmed before the persons em
when persons
making them powered to administer oaths under the Act of the 6th Geo . IV. cap.
reside in
Foreign Parts. 87 or under the Act of the 18th and 19th Vict . cap . 42 before any

Foreign Local Magistrate or other person having authority to ad
minister an oath in places where there are no such persons as are

mentioned in the said Acts may be used in the said Court in its
Probate Jurisdiction .
Affidavits 11. Affidavits declarations and affirmations sworn made and
made in Bri
tish domi taken in any place out of the Colony of Hongkong under the do
nions before
whom to be minion of Her Majesty before any Court, Judge, Notary Public ,
sworn.
or person lawfully authorized to administer oaths in such place may
be used in the said Court in its Probate Jurisdiction . And all

officers of the said Court shall take judicial notice of the seal or
signature, as the case may be, of any such Court, Judge, Notary
Public, or person which shall be attached, suspended, or sub
scribed to any such affidavit , declaration , or affirmation — or to any
other document .

Portion of 2. All of section 15 of Ordinance No. 8 of 1860 from the words in
section 15 of
No. 8 of 1860 the seventh line " and all the " to the end inclusive shall be struck out.
to be struck
out.
Provision for 3. In every reprinted copy of Ordinance No. 8 of 1860 the amend
reprints of
Ordinance ments hereinbefore specified in respect of the same shall be made by the
No. 8 of 1860.
printer before publishing the same ; and it shall not be afterwards neces
sary to print or reprint this Ordinance .