PROBATE AND ADMINISTRATION ORDINANCE

PROBATE AND ADMINISTRATION ORDINANCE

CHAPTER 10.
THE PROBATE AND ADMINISTRATION ORDINANCE.

ARRANGEMENT OF SECTIONS.
Section Page

1. Short title ............................. ... ... ... ... ... 299
2. Interpretation ..................... . ... ... ... ... 299

Part I-JURISDICTION AND POWERS
OF THE COURT.

3. General jurisdiction of the court in matters of probate and
administration.................. ... ... ... ... .
.......... 299
4. Power of altering probate, etc., already granted ... ... 300
5. Prohibition of officer of the court practising ... ... ... 300
6. Sealing of documents .................... ... ... ... ... 300
7. Powers as to requiring attendance of and examining parties
and witnesses ......................... ... ... ... ... 300
8. General powers of enforcing proedss ..... ... ... ... ... 301
9. Power of ordering production of testamentary writings 301
10. Administration of oaths, etc. ........ ... ... ... ... 302

Part II.-THE OFFICIAL ADMINISTRATOR.

11. Registrar to be Official Administrator ... ... ... ... 302
12. Effect of grant to Official Administrator ... ... ... ... 302
13. Re-vesting of property on vacation of office ... ... 302
14. (1) Power to Official Administrator to take possession of
property of deceased person until grant ... ... ... 303
(2) Estates of U.S.A. Citizens .......... ... ... ... ... 303
15. Punishment of person unlawfully removing out of the
Colony property of deceased person ..... ... ... ... 303
16. Lien on property of deceased person for expenses incurred
under s. 14 ............................ ... ... ... ... ... 303
17. Person having or finding will to produce it ... ... ... 303
18. Vesting of estate of deceased person in Official Administrator 304
19. Summary administration of intestates' estates not exceeding
$2,500 ................................. 304
20. Cases in which Official Administrator is entitled to adminis-
tration ................................ ... ... ... ... ... 304
21. Saving as to estates of certain persons ... ... ... ... 305
22. Power of limiting grant ................ ... ... ... ... ... 305
23. Period for closing administration of estate . ... ... ... 305
24. Commission on moneys received .......... ... ... ... ... 305
25. Keeping of books of account ............ ... ... ... ... 306
26. Copies of documents and accounts .... ... ... ... ... ... 306
27. Half-yearly returns. Schedule .......... ... ... ... ... 306
28. Redress against action of Official Administrator ... ... 306





Part III.-GRANTING AND REVOCATION
OF PROBATES, ETC.

Caveat.
Section Page
29. Practice as to caveat against grant .... ... ... ... ... 307

Executorship.
30. Effect of executor renouncing probate.... ... 307
31. Effect of executor not taking probate ... ... ... ... ... 307

Administration.
32. Appointment of administrator of intestate's estate ... 307
33. Grant of special administration where executor or adminis-
trator is out of jurisdiction ......... ... ... ... ... 308
34. Payment of costs relating to special administration ... 308
35. Case of infant being sole executor... 309
36. Prohibition of executor acting pending administration ... 309

Administration pendente lite.
37. Appointment of administrator pendente lite ... ... ... 309
38. Administration pending appeal .......... ... ... ... ... 309

Administration bond.
39. Bond to be given by administrator ... ... ... ... 310
40. Amount of bond ......................... ... ... ... ... 310

Revocation of grant.

41. Validation of payments made under probate or administra-
tion subsequently revoked ............. ... ... ... ... 310
42. Validation of payments made under defective probate or
administration ......................... ... ... ... ... 310
43. Continuance of proceedings begun under temporary adminis-
tration subsepuently revoked ............... ... ... ... 310
Practice.
44. Practice in matters not providjd for ... ... ... 311
45. Sittings in chambers ................... ... ... ... ... 311
46. Powers of judge sitting in chambers.. 311
47. Powers of the court with regard to costs ... ... ... ... 311

Evidence.
48. Examination of parties and witnesses . ... ... ... ... 311
49. Use of affidavit sworn out of the Colony ... ... ... ... 312
50. Rules of evidence ...................... ... ... ... ... ... S3 12

Trial of question of fact by jury.
51. Power to order question of fact to be tried by jury ... 312
52. Procedure and powers on trial of question of fact by jury 312
53. Form of question of fact to be tried, etc. 313





Part IV.-RULES FOR ADMINISTRATION
Section OF PROPERTY. Page
54. Specialty and simple contract debts to stand in equal degree 313
55. Power to the court to make an order limiting time for
creditors to send in claims against estate ... ... 313
56. Allowance of remuneration to executor, administrator or
attorney .............................. ... ... ... ... ... 314
57. Proof of Chinese law as to administration of property of
deceased person ....................... ... ... ... ... ... 315

Part V.-SPECIAL AND EXCEPTED CASES.
Estate of small value.
58. Summary procedure for administration of estate of person
under $2,500 in value ................. ... ... 315

Small sums payable by public departments to
deceased persons.
59. Power of Accountant General where sum not exceeding
$2,500 is payable to deceased person ...... ... ... ... 316
60. Validity of payment made under s. 59 ... ... ... ... 316

Estates of subordinate police and prisons officers.
61. Summary administration of estates of subordinate police and
prisons officers ....................... ... ... ... ... ... 316

Estates of persons dying on voyages to the Colony.
62. Administration of estate of passenger dying on voyage to
the Colony ........................... ... ... ... ... ... 317

Part VI-SEALING OF PROBATES AND LETTERS
OF ADMINISTRATION GRANTED BY BRITISH
COURTS OUTSIDE THE COLONY.
63...........Interpretation ................ ... ... ... ... ... ... ... 319
64. Sealing of probates and letters of administration granted
by British courts outside the Colony ....... ... ... ... 319
65. Conditions to be fulfilled before sealing ... ... ... ... 320
66. Security for payment of debts .......... ... ... ... ... 320
67. Duplicate or copy admissible ........... ... ... ... ... 320
68. Rules as to practice under this Part ... ... ... 320

Part VIL-MISCELLANEOUS.
69. General rules and orders relating to practice, duties of
officers, fees, and records ............ ... ... ... ... 321
70. Application of rules and orders of Probate Division of High
Court in England ....................... ... ... ... ... 321
71. Copy of will, etc . .................... ... ... ... ... ... 321
72. Continuance to successors in office of administrations granted
to Official Administrator .............. ... ... ... ... 322

SCHEDULE.

Form of Return of Estates of Intestates.





CHAPTER 10.

PROBATE AND ADMINISTRATION.

To consolidate and amend the laws relating to Probates an
letters of administration.

[15th May, 1897.]

1. This Ordinance may be cited as the Probate and
Administration Ordinance.

2. In this Ordinance-
'administration' comprehends all letters of administration
of the estates of deceased persons, whether with or with-
out a will annexed, and whether granted for general,
special, or limited purposes;
'court' means the Supreme Court exercising jurisdiction
under this Ordinance;
'estate' or 'property' of a deceased person means the
personal estate and effects of whatever kind of such
person, and includes property passing on the death of
such person;
'estate duty' means estate duty under the Estate Duty
Ordinance;
'matters and causes testamentary' comprehend all matters
and causes relating to the granting and revocation of
probate of wills and of administration;
'next of kin' includes persons entitled in their own right
to property passing on the death of any person.

PART I.

JURISDICTION AND POWERS OF THE COURT.

3. (1) The voluntary and contentious jurisdiction and
authority in relation to the granting and revocation of
probate of wills and of letters of administration of the estates
of deceased persons, together with full authority to hear and
determine all questions relating to matters and causes testa-
mentary, shall as heretofore belong to and be vested in and
be exercised in the name of His Majesty by the court.

(2) The court shall as heretofore, for the purposes of
this Ordinance, be deemed a court of probate and shall be





a court of record, and shall have the same powers, and its
grants and orders shall have the same effect, in this Colony,
and in relation to the estates in this Colony of deceased
persons, as the Supreme Court and its grants and orders
respectively now have or hitherto have had in relation to
matters and causes testamentary and estates of deceased
persons within the jurisdiction of the Supreme Court; and
all duties which are or have been imposed on or should be
performed by the Supreme Court in respect of probates,
administrations, and matters and causes testamentary shall
be performed by the court under the probate jurisdiction
hereby continued: Provided that no suits for legacies, or
suits for the distribution of residues, shall be entertained
by the court in its probate jurisdiction.

4. The judge shall have and may exercise full power
of altering and amending any grant of probate or of
administration, whether made before or after the commence-
ment of this Ordinance.

5. No officer or clerk of the court shall, during the time
of his holding such office, directly or indirectly practise as
a barrister or solicitor, or receive or participate in the fees
of any other person so practising.

6. All probates, administrations, orders and other
instruments, and all exemplifications and copies thereof,
shall respectively be sealed with the seal of the court; and
any such document purporting to be so scaled shall be
received in evidence, in any cause or proceeding of whatever
kind, without further proof thereof.

7. (1) The court may require the attendance of any
party in person, or of any person whom it may think fit to
examine or cause to be examined, in any action or other
proceeding in respect of matters or causes testamentary, and
may examine or cause to be examined upon oath parties and
witnesses by word of mouth, and may, either before or after
or with Or Without such examination, cause them or any of
them to be examined upon interrogatories or receive their or
any of their affidavits.

(2) The court may by writ require the attendance of any
such party or witness, and order to be produced before itself





or otherwise any deeds, evidences, or writings, in the same
form, as nearly as may be, as that in which a writ of subpcena
ad testificandum or of subpcena duces tecum is now issued
by the Supreme Court in its original jurisdiction.

8. The court shall have the like powers, jurisdiction,
and authority for enforcing the attendance of persons
required by it as aforesaid, and for punishing persons
failing, neglecting, or refusing to produce deeds, evidences,
or writings, or refusing to appear, or to be sworn, or to give
evidence, or guilty of contempt, and generally for enforcing
all orders, decrees, and judgments made or given by the
court under this Ordinance and otherwise in relation to the
matters to be inquired into and done by or under the orders
of the court under this Ordinance as are for the time being
vested by law in the Supreme Court for such purposes in
relation to any action or matter depending in the said court
in its original jurisdiction.

9. (1) The court may, on motion or petition or other-
wise, in a summary way, whether any action or other pro-
ceeding is or is not pending in the court with respect to
any probate or administration, order any person to produce
and bring into the Registry of the court, or otherwise as
the court may direct, any paper or writing being or purport-
ing to be testamentary which may be shown to be in the
possession or under the control of such person.

(2) If it is not shown that any such paper or writing
is in the possession or under the control of such person, but
it appears that there are reasonable grounds for believing
that he has knowledge of any such paper or writing, the
court may direct such person to attend for the purpose of
being examined in open court or upon interrogatories
respecting the same, and such person shall be bound to
answer such questions or interrogatories, and, if so ordered,
to produce and bring in such paper or writing, and shall be
subject to the like process of contempt in case of default in
not attending or in not answering such questions or inter-
rogatories, or not bringing in such paper or writing, as he
would have been subject to in case he had been a party to
an action in the court and had made such default.





10. (1) The Registrar of the court, and any other
person whom the Chief Justice may, under the seal of the
Supreme Court, appoint for that purpose shall respectively
have full power to administer oaths and to perform such
other duties in reference to matters and causes testamentary
as may be assigned to them by any rules and orders made
under this Ordinance.

(2) Every commissioner for taking oaths in the Supreme
Court in its original jurisdiction shall be a commissioner
for taking oaths in the court.

PART II.

THE OFFICIAL ADMINISTRATOR.

11. (1) The Registrar of the court shall be ex officio
Official Administrator under this Ordinance.

(2) In all cases the Official Administrator shall be sub-
ject to the immediate control and act under the direction of
the court.

(3) The Official Administrator may employ a solicitor
or other agent to do any business which may be sanctioned
by the court.
(4) Applications by the Official Administrator to the
court may be made personally, and without notice or other
formality; but the court may in any case order that an
application be renewed in a formal manner, and that such
notice thereof be given to any person likely to be affected
thereby as the court may direct.

12. A grant of administration to the Official Adminis-
trator, whether the name of the grantee, the officer holding
the appointment at the time of the grant, is or is not men-
tioned therein, shall be deemed to have been made and to
be made, as the case may be, to him and his successors in
office.

13. All property vested in the Official Administrator
for the time being by virtue of any grant of administration
made to him or any predecessor in office or otherwise shall,
on his vacating or otherwise ceasing to hold the office, be
deemed to be vested in his successor without, any further
transfer or conveyance.





14. (1) It shall be lawful for the Official Administrator,
whenever he thinks it expedient to do so and upon such
evidence of death as he deems sufficient, to receive or take
possession of the private papers, moneys, goods, chattels,
and other movable property whatsoever of any deceased
person which may be found within the Colony, and to
provide for the safe custody thereof, until probate of the
will of such deceased person or administration of his estate
has been granted by the court: Provided always that the
Official Administrator may, in lieu thereof, if he thinks fit,
issue forthwith a commission of appraisement of all or any
of such property.

(2) In case of the death of any citizen of the United
States of America in the Colony, the Official Administrator
shall at once inform the nearest consular officer of the said
United States of the fact, in order that the necessary
information may be immediately forwarded to persons
interested. The said consular officer shall have the right
to appear, either personally or by delegate, in all proceedings
on behalf of the absent heirs or creditors until they are
otherwise represented.

15. Any person who, without lawful authority or
excuse in that behalf-
(a)removes or attempts to remove out of the Colony
any such property as is mentioned in section 14; or
(b)destroys, conceals, or refuses to yield up any such
property on demand to the Official Administrator,
shall upon summary conviction be liable to a fine of two
thousand dollars, and to imprisonment, without hard labour,
for six months.

16. The Official Administrator shall have a lien upon
all property mentioned in section 14 for the reasonable
expenses incurred by him in respect thereof in carrying out
the provisions of the said section, and such expenses shall
also constitute a primary charge on the estate of the deceased
person.

17. (1) When any person dies leaving a will within
the Colony, the person in whose keeping such will has been
deposited, or who finds such will after the testator's death,





shall produce, and, if required, shall deliver, the same to
the Official Administrator within fourteen days after the
death of the testator, or from the time when lie has had
notice thereof, or from the time of the finding of the will,
as the case may be.

(2) Any person who refuses or neglects to comply with
the requirements of this section shall upon summary con-
viction be liable to a fine of two thousand dollars.

18. Where any person dies, whether in the Colony or
elsewhere, leaving estate in the Colony in respect of which
he dies intestate, such estate shall vest in the Official
Administrator who may, if he thinks fit, receive and take
possession of the same until administration is granted in
respect thereof.

19. Where the whole of such estate does not, in the
opinion of the Official Administrator, exceed in value the
sum of two thousand five hundred dollars, it shall be lawful
for him, if he thinks fit, without any legal formality, to get
in and administer the same in a summary manner, for the
benefit of the persons he may deem interested therein, with-
out a grant or other legal formality.

20. (1) On application made by the Official Adminis-
trator, the court shall, unless it sees good reason to the con-
trary, grant to him administration in any of the following
cases-
(a)where a person dying intestate, whether in this
Colony or elsewhere, has left property situate in the
Colony and no next of kin of such person are
resident in the Colony;
(b)where a person dying intestate, whether in this
Colony or elsewhere, has left property situate in the
Colony and the next of kin of such person who
are resident in the Colony file in the Registry of
the court a request for or consent to the making of
such grant, in writing signed by them;
(c)where a person dying intestate, whether in this
Colony or elsewhere, has left property situate in the
Colony and no person has, within twelve months
after the death of such person, obtained administra-
tion of his estate ; and





(d)where a person dying intestate, whether in this
Colony or elsewhere, has left property situate in
the Colony and the next of kin of such person who
are resident in the Colony are infants under the age
of twenty-one years.

(2) The provisions of this section shall apply, with the
necessary modifications, in the case of a person who dies
testate, whether in this Colony or elsewhere, but without
appointing an executor, or whose executor, if appointed,
refuses, neglects, or is unable. to act.

21. Nothing in this Ordinance shall be construed to
enable or require the Official Administrator to obtain
administration of the estate of any person dying in the naval,
military, or air services of His Majesty and subject to the
Articles of War, or of any deceased seaman or apprentice
for the administration of whose estate provision is made by
any Act of Parliament, or of any person for the administra-
tion of whose estate special provision is otherwise made in
Part V.

22. Any grant made to the Official Administrator under
this Ordinance may be limited in respect of time or in any
other respect as to the court may seem fit.

23. Subject to the special direction of the court to the
contrary in any particular case, the Official Administrator
shall bring the administration of every estate of which he
has obtained administration to a close within the period
fixed by law for that purpose in the case of an ordinary
administrator.

24. A commission at the rate of five Per cent on the first
one thousand dollars, two and one half per cent on the next
four thousand dollars and one per cent on the balance, or
such lower rate or rates as the court may approve on the
application of the Official Administrator in the case of any
particular estate, shall be chargeable on the gross value of
all property of whatsoever nature received or taken posses-
sion of, or realized or otherwise dealt with, by the Official
Administrator under this Ordinance.





25. (1) The Official Administrator shall keep a general
register of all estates under his administration, a cash book,
and a ledger or account current book, and such other books
as he may find necessary or may be prescribed.

(2) He shall enter in books, to be kept by him for that
purpose, separate and distinct accounts of each estate and
of all property of every description which may come to his
hands, and also of all payments made by him on account of
each estate, specifying the dates of such receipts and pay-
ments respectively.

(3) Each book shall be kept in the Registry of the
court, and shall be open during office hours for the inspec-
tion of any person who has occasion to inspect the same, on
payment of the prescribed fee. [26

26. (1) The Official Administrator shall give to any
person who applies for the same copies of all documents
and accounts in his possession relating to any estate under
his administration or to any property which he receives or
of which he takes possession under this Ordinance, on pay-
ment of the prescribed fees.

(2) If any such copy is refused, the applicant may
petition the court in a summary way for an order on the
Official Administrator to give such copy; and the costs of
any such petition and order shall be paid by the Official
Administrator, if the court so directs. [27

27. The Official Administrator shall, on the expiration
of each half-year, make out and furnish to the Chief justice
and to the Colonial Secretary a return, according to the
form in the Schedule, of all estates vested in or administered
by him during the half-year then expired, and he shall pay
into the hands of the Accountant General the balance
remaining in respect of each such estate immediately after
the same has been closed. [28

28. No action shall be brought against the Official
Administrator for anything done by him in respect of the
execution or the intended execution of any power vested in
him by this Ordinance, or for anything done by him in the
exercise of his office as administrator under any grant of





letters of administration made to him under this Ordinance,
if it was done bona fide; but any person who feels aggrieved
thereby may apply for redress to the court by summary
petition verified upon oath, and the court may thereupon
take such evidence as it thinks fit, and may make any order
in relation to the matter which the justice of the case
requires. [29

PART III.
GRANTING AND REVOCATION OF PROBATES, ETC.

Caveat.

29. (1). A caveat against the grant of any probate or
administration may be lodged in the Registry of the court.

(2) Subject to any rules or orders made under this
Ordinance, the practice and procedure of the court in respect
of any such caveat shall, as nearly as may be, correspond
with the practice and procedure hitherto in use in respect
of such caveats. [30

Executorship.

30. Where any person renounces probate of the will of
which he is appointed executor or one of the executors, the
right of such person in respect of the executorship shall
wholly cease, and the representation of the testator and the
administration of his estate shall, without any further re-
nunciation, go, devolve, and be committed in like manner as
if such person had not been appointed executor. [31

31. Whenever an executor appointed in a will survives
the testator but dies without having taken probate, or, having
been cited to take probate, does not appear to such citation,
the right of such person in respect of the executorship shall
wholly cease, and the representation of the testator and the
administration of his estate shall go, devolve, and be com-
mitted in like manner as if such person had not been
appointed executor. [32

Administration.

32. Where a person dies wholly intestate as to his
personal estate or leaving a will affecting personal estate but
without having appointed an executor thereof willing and





competent to take probate, or where the executor is, at the
time of the death of such person, resident out of the Colony,
or where it appears to the court to be necessary or convenient
to appoint some person to be the administrator of the per-
sonal estate of the deceased person or of any part of such
estate, other than the person who, if this Ordinance had not
been passed, would by law have been entitled to a grant of
administration of such personal estate, it shall be lawful for
the court, in its discretion, to appoint such person as the
court thinks fit to be such administrator, on his giving such
security, if any, as may be required under this Part or as
the court may direct, and every such administration may
be limited in such manner as the court thinks fit. [33

33. (1) At the expiration of twelve months from the
death of any deceased person, if the executor or executors
to whom probate of the will has been granted, or the person
or persons to whom administration has been granted, is or
are residing out of the jurisdiction of the court, it shall be
lawful for the court, on the application of any creditor, next
of kin, or legatee, grounded on an affidavit made for that
purpose, to grant such special administration as it may think
fit of the estate of such deceased person.

(2) It shall be lawful for the court, on application made
for that purpose by any person interested, to direct any
shares or stock in any joint-stock company to be transferred
into the name of the Registrar of the court, in trust for such
purposes as the court may direct, in any action in which
the person to whom such special administration has been
granted is a party: Provided, nevertheless, that if any
executor or administrator of such deceased person, being
capable of acting as such, returns to and resides within
the jurisdiction of the court, the court may, if it thinks fit,
revoke such special grant: Provided, also, that if any
action is pending in any court in relation to the estate of
such deceased person, such executor or administrator shall
be entitled to be made a party thereto. [34

34. The costs incurred by granting any such special
administration shall be paid by such person or out of such
fund as the court may direct, and the costs incurred by
proceeding in any action against any such administrator






shall be paid by such person or out of such fund as the
court in which the action is pending may direct. [35

35. (1) Where an infant is sole executor of any
deceased person, administration with the will annexed shall
be granted to the guardian of such infant, or to such other
person as the court may think fit, until such infant has
attained the full age of twenty-one years, at which period,
and not before, probate of the will shall be granted to him.

(2) The person to whom such administration is granted
shall have the same powers vested in him as an administrator
now has by virtue of an administration granted to him
durante minore cetate of the next of kin. [36

36. After any grant of administration, no person shall
have power to sue or prosecute any action, or otherwise to
act as executor of the deceased person, as to the personal
estate comprised in or affected by such grant of administra-
tion, until such administration has been recalled or
revoked. [37

Administration pendente lite.

37. (1) Pending any action touching the validity of the
will of any deceased person, or for obtaining, recalling, or
revoking any probate or any grant of administration, the
court may appoint an administrator of the estate of such
deceased person.

(2) The administrator so appointed shall have all the
rights and powers of a general administrator, other than
the right of distributing the residue of such estate.

(3) Every such administrator shall be subject to the
immediate control of the court and act under its direction. [38

38. All the provisions of section 37 relating to grants
of administration pending action shall be deemed to apply
to the case of an appeal to His Majesty in Council from any
decision of the court. [39





Administration bond.

39. Every person (other than the Official Administrator)
to whom any grant of administration is committed shall,
unless the court otherwise directs, give a bond, with (if the
court requires) one or more surety or sureties, conditioned
for duly collecting, getting in, and administering the estate
of the deceased person, and the bond shall be in such form
as the judge may direct. [40

40. Every such bond shall be in a penalty of double
the amount under which the estate of the deceased person
is sworn, unless the court in any case thinks fit to direct
the same to be reduced, in which case it shall be lawful for
the court to do so; and the court may also direct that more
bonds than one shall be given so as to limit the liability of
any surety to such amount as, the court thinks reason
able. [41

Revocation of grant.

41. When any probate or administration is revoked, all
payments bona fide made to any executor or administrator
under such probate or administration before the revocation
thereof shall be a legal discharge to the person making the
same, and the executor or administrator who has acted under
any such revoked probate or administration may retain and
reimburse himself in respect of any payments made by him
which the person to whom probate or administration is after
wards granted might have lawfully made. [42

42. All persons making or permitting to be made any
payment or transfer bona fide upon any probate or adminis-
tration granted in respect of the estate of any deceased
person shall be indemnified and protected in so doing, not
withstanding any defect or other thing whatsoever affecting
the validity of such probate or administration. [43

43. Where, before the revocation of any temporary ad-
ministration, any proceedings have been commenced in the
Supreme Court in its original jurisdiction by or against any
administrator so appointed, the court in its probate jurisdic-
tion may order that a suggestion be made upon the record of
the revocation of such administration, and of the grant of





probate or administration which has been made consequent
thereupon, and that the proceedings shall be continued in
the name of the new executor or administrator in like manner
as if the proceedings had been originally commenced by or
against such new executor or administrator, but subject to
such conditions and variations, if any, as the court may
direct. [44

Practice.

44. The practice of the court shall, except where other-
wise provided by this Ordinance or by the rules or orders
made thereunder, be, so far as the circumstances of the case
will admit, according to the practice hitherto prevailing in
the same. [45

45. It shall be lawful for the judge to sit in chambers
for the despatch of such business of the court as can, in the
opinion of the judge, with advantage to the suitors be heard
in chambers; and the times at which such sitings shall be
held shall be fixed by the judge: Provided that no matter
shall be heard in chambers which either party requires to be
heard in court. [46

46. The judge, when so sitting in chambers, shall have
and exercise the same power and jurisdiction in respect of
any business brought before him as if he were sitting in
court. [47

47. The court shall have the same powers with regard
to the costs of any action or other proceeding as the Supreme
Court has with regard to costs in actions and other proceed-
ings in its original jurisdiction. [48

Evidence.

48. (1) Subject to any rules or orders made under this
Ordinance, the witnesses, and where necessary the parties,
in all contentious matters where their attendance can be had
shall be examined orally by or before the judge in court:
Provided that, subject to any such rules or orders as afore-
said, the parties shall be at liberty to verify their respective
cases, in whole or in part, by affidavit, but so that the de-
ponent in every such affidavit shall, on the application of





the opposite party, be subject to be cross-examined by or on
behalf of such opposite party orally in court as aforesaid,
and after such cross-examination may be re-examined orally
in court as aforesaid by or on behalf of the party by whom
such affidavit was filed.

(2) When a witness in any such matter is out of the
jurisdiction of the court, or when, by reason of his illness or
otherwise, the court does not think fit to enforce his attend
ance in court, it shall be lawful for the court to order a com
mission to issue for his examination upon interrogatories
or otherwise, or, if the witness is within the jurisdiction of
the court, to order his examination, upon interrogatories or
otherwise, before any officer of the court or other person
named for that purpose in the order. [49

49. An affidavit sworn out of the Colony in the manner
mentioned in any, Ordinance relating to evidence may be
used in any action or proceeding in the court. [50

50. The rules of evidence observed in the Supreme
Court in its original jurisdiction shall be applicable to and
be observed in the trial of all questions of fact in the court.
[51

Trial of question of fact by jury.

51. On the application of any party to any action or
proceeding in court or of its own motion, it shall be lawful
for the court to cause any question of fact arising in such
action or proceeding to be tried by a special or common jury.
[52

52. (1) When the court orders a question of fact to be
tried by a jury, the court may make all such rules and orders
for procuring the attendance of a special or common jury for
the trial of such question as may now be made by the
Supreme Court in its original jurisdiction, and may also
make any other orders which to the court may seem requisite.

(2) Every such jury shall be struck, summoned, balloted
for, and called in like manner as if such jury were a jury
for the trial of any cause in the Supreme Court; and every,
Juryman so summoned shall be entitled to the same rights,





and subject to the same duties and liabilities, as if lie had
been duly summoned for the trial of any such cause in the
Supreme Court; and every party to any such proceeding
shall be entitled to the same rights as to challenge and other-
wise as if he were a party to any such cause.

(3) Generally, for all purposes of or auxiliary to the
trial of questions of fact by a jury before the court, and in
respect of new trials thereof, and also for all purposes in
relation to or consequential upon the direction of issues, the
court shall have the same jurisdiction, powers, and authority
in all respects as belong to the Supreme Court for the like
purposes. [53

53. (1) MTheti the court orders a question of fact to be
tried bv a jurv, the question shall be reduced into writing in
such form as the court may direct, and at the trial the jury
shall be empanelled to try the question and a true verdict to
give thereon according to the evidence.

(2) On every such trial, the court shall have the same
jurisdiction, powers, and authority in all respects as belong
to a judge of the Supreme Court sitting in its original juris
diction. [54

PART IV.

RULES FOR ADMINISTRATION OF PROPERTY.

54. In the administration of the estate of every deceased
person, no debt or liability of such person shall be entitled
to any priority or preference by reason merely that the same
is secured by or arises under a bond, deed, or other instru-
ment tinder seal, or is otherwise made or constituted a
specialty debt ; but all the creditors of such person, as well
specialty as simple contract, shall be treated as standing in
equal degree and be paid accordingly out of the assets of
such deceased person, whether such assets are legal or
equitable : Provided that this Ordinance shall not prejudice
or affect any lien, charge, or other security which any credi-
tor may hold or be entitled to for the payment of his debt. [57

55. (1) Any executor or administrator may apply by,
summary petition to the court for an order limiting the time
tor creditors and others to send in their claims against the





estate of the testator or intestate, and specifying what notices
are to be given of the making of such order and of the time
thereby limited ; and the court may make such order thereon
as it thinks fit.

(2) Where an executor or administrator has given the
notices specified in any such order, he shall, at the expira-
tion of the time limited thereby for sending in such claims,
be at liberty to distribute the assets of the testator or in-
testate, or any part thereof, amongst the parties entitled
thereto, having regard to the claims of which he has then
notice, and shall not be liable for the assets, or any part
thereof, so distributed to any person of whose claim he has
not had notice at the time of distribution of the assets or
a part thereof, as the case may be.

(3) Nothing in this section shall prejudice the right
of any creditor or claimant to follow the assets, or any part
thereof, into the hands of any persons who may have re
ceived the same respectively nor the operation of section 29
of the Trustee Ordinance. [58

56. It shall be. lawful for the court to allow to any
executor or administrator, including an administrator
appointed pendente lite as aforesaid, (or to a person acting
under a power of attorney as attorney for an executor or
administrator in the matter of the sealing of a probate or
administration under Part VI, or in the matter of the
realization and administration of an estate under a probate
or administration so scaled) such remuneration out of the
estate of the deceased person as may be just and reason-
able for his pains and trouble therein : Provided that no
allowance whatever shall be made to any executor or
administrator or attorney who neglects to pass his accounts
at such time, or to dispose of any moneys, goods, chattels,
or securities with which he is chargeable in such manner,
as, in pursuance
of any rule or order or practice of the
court, may be requisite : Provided also, that no such re-
muneration shall exceed five. per cent on the first one
thousand dollars, two and a half per cent on the next four
thousand dollars and one per cent on the balance of the
gross value of all property of whatsoever nature adminis-
tered. [59





57. Whenever any person who is a native of China
dies intestate leaving property within the jurisdiction of the
court, and it is necessary to obtain proof of the law of
China for the purpose of regulating the administration of
the property of such deceased person according to the law
of his domicile, it shall be lawful for the court, in its dis
cretiod, to receive in evidence any written statement of the
law of China which is certified by any British consular
officer in China under his official seal to have been obtained
by him from an officer of the Chinese Government for the
purposes of such administration and with reference to the
facts of the particular case under consideration, and there
after to act upon such written statement in such manner
as it thinks fit, [60

PART V.

SPECIAL AND EXCEPTED CASES.

Estates of small value.

58. (1) Where the whole estate in the Colony of any
person dying in the Colony does not exceed in value the
sum of two thousand five hundred dollars, his widow or
any one or more of his children, as the case. may be,
(provided such widow or child or children respectively is
or are resident in the Colony), or, if such person is a
widow, any one or more of her children (provided such
child or children is or are resident in the Colony), may
make application in that behalf to the Registrar of the
court, who shall fill up the usual papers required by the
court to lead to a grant of administration of the estate of
the intestate, and shall swear or declare the applicant and
attest the execution of the administration bond required
according to the practice of the court; and he shall also
in due course make out and seal the letters of administra-
tion of the estate of the intestate and deliver them to the
applicant.

(2) The Registrar of the court may require such proof
as he may think sufficient to establish the identity and rela-
tionship of the applicant.

(3) If the Registrar of the court has reason to believe
that the whole estate in the Colony of which the intestate





died possessed exceeds in value the sum of two thousand
five , hundred dollars, he shall refuse to proceed with the
application until he is satisfied that such value does not
exceed that amount. [61

Small sums payable by public departments to
deceased persons.

59. On the death of any person to whom any sum
of money not exceeding two thousand five hundred dollars
is payable by a public department within the Colony in
respect of civil pay or allowances or annuities granted either
tinder the authority of His Majesty's Government or of
the Government of the Colony, it shall be lawful for the
Accountant General, on being satisfied of the expediency
of dispensing with probate or administration, to authorize
the payment of such sum to such person or persons as the
Accountant General rnay consider entitled thereto, without
requiring the production of probate or administration.

(2) Payment of all such sums of money shall be inade
under such regulations as the Financial Secretary may, with
the approval of the Governor, make for that purpose. [62

60. Any payment made under the provisions of section
59 shall be valid against all persons whatever, and all
persons acting under the said provisions shall be absolutely
discharged from all liability in respect of any moneys duly
paid. or applied by thern under the said provisions. [63

Estates of subordinate police and prisons officers.

61. (1) Any person employed in the police force, riot
above the rank of sub-inspector, and any person employed
in the prisons department, not above the rank of principal
warder, who shall die whilst so employed, shall not be
deemed to be within the meaning of the preceding pro-
visions of this Ordinance.

(2) The Commissioner of Police and the Commissioner
of Prisons respectively are hereby constituted administra-
tors of the estates of such persons in their departnients
and are required, without any legal formality, to get in
and administer the same, and, within one month after the





death of any such person, to certify the same and the
amount thereof to the Registrar of the court for registra-
tion in the court, and to pay over to the Accountant Gen-
eral the balance of every such estate, after payment of all
lawful claims against the same.

(3) It shall be lawful for the Financial Secretary, in
his discretion, on the application of the Commissioner of
Police or the Commissioner of Prisons, as the case may
be, to sign an order upon the Accountant General for the
payment of the whole or any part of such balance to such
person or persons as may appear to him to be entitled
thereto, and the Accountant General shall comply with such
order. [64

Estates of Persons dying on voyages to the Colony.

62. (1) The following special provisions shall regulate
the administration of the estates of passengers who die at
sea in the course of a voyage to the Colony on board of
any vessel which afterwards arrives in the Colony-
(a)where any passenger has died on board any, vessel
in the course of a voyage to the Colony, the master
of the vessel. in which such passenger has died
shall, immediately upon the arrival of the vessel
in the Colony, hand over to the Director of Marine
all the goods and effects of such passenger then
on board of such vessel;
(b)thereupon the Director of Marine shall take posses-
sion of such goods and effects, and-
(i) if he thinks that their value is rnore than
five hundred dollars he shall forthwith hand them
over to the Official Administrator, to whorn he
shall also furnish in writing all such information
as he may have been able to obtain about the
deceased passenger and as he may consider likely
to be useful for the due administration of the estate
and
(ii) if lie thinks that their value is not more than
five hundred dollars, he shall, in such manner as
he may consider just and convenient, distribute
them amongst the persons who may appear to him,
in his discretion, to be entitled thereto, or, if he





can find no such persons within one month of the
time when the goods and effects came into his
hands, then he shall sell, them and pay the pro-
ceeds of the sale into the Treasury, to a special
account to be there kept for that purpose;
(c)at any time within twelve months of the time when
the proceeds of any estate have been paid into the
Treasury under this section, any person entitled to
the said proceeds, or to any portion thereof, may
apply to the Director of Marine for the same, and,
at the expiration of the said twelve months, the
Director of Marine may make application in that
behalf to the Accountant General, and the
Accountant General shall pay to the Director of
Marine the said proceeds or a portion thereof, and
the Director of Marine shall distribute the same
amongst the applicants in such manner as he may
consider just and convenient;
(d)before distributing any estate or paying the pro-
ceeds of any estate into the Treasury under this
section, the Director of Marine shall deduct the
amount of any expenses or costs which lie may
have incurred in advertising or otherwise in the
administration of the same; and
(e)if no person entitled applies to the Director of
Marine under paragraph (c) within the twelve
months mentioned in that paragraph, the proceeds
of the estate shall be paid over to the general
revenue; but it shall be lawful for the Governor,
within a period of six years thereafter, to direct
a refund of the same, or any portion thereof, to
any person who establishes, to his satisfaction, a
legal, equitable, or moral claim thereto.

(2) Where such goods and effects have been handed
over to, or taken possession of by, the Official Administra-
tor, he may, after such inquiry as he may think sufficient,
distribute them, in such manner as he may consider just
and convenient, amongst the persons who may appear to
him, in his discretion, to be entitled thereto or if he can
find no such persons within six months of the time when
the goods and effects come into his hands, then he shall
sell them and pay the proceeds of sale into the Treasury,





to a special account to be there kept for that purpose, or
into the account of the Government at such bank as the
Accountant General may direct.

(3) The provisions of the Unclaimed Balances Ordin-
ance, shall apply to moneys paid into any account under
this section as they do to any balance of an intestate estate
under section I9.

(4) For the purposes of this section, 'voyage of a
passenger to the Colony' means the voyage of a passen-
ger which would in the ordinary course terminate in the
Colony as the port of destination of the passenger.

(5) Any master of a vessel who refuses or neglects
to comply with the requirements of this section, shall upon
summary conviction be liable to a fine of five hundred
dollars. [65

PART VI.

Sealing of Probates and Letters of Administration granted
by British Courts outside the Colony.

63. In this Part-
'British court in a foreign country' means any British
court having jurisdiction out of the Commonwealth in
pursuance of an Order in Council, whether made under
any Act or otherwise;
'court of probate' means any court or authority, by what-
ever name designated, having jurisdiction in matters
of probate;
'probate' and 'letters of administration' include confirma-
tion in Scotland, and any instrument having in any
other part of the Commonwealth the same effect which
under English law is given to probate and letters of
administration respectively;
'estate duty' includes any duty payable on the value of
the estate and effects for which probate or letters of
administration is or are granted. [66

64. Where a court of probate in any part of the
Commonwealth, or a British court in a foreign country,
has granted probate or letters of administration in respect





of the estate of a deceased person, the probate or letters
so granted may, on being produced to, and a copy thereof
deposited with the court, be sealed with the seal of the
court, and thereupon shall be of the like force and effect,
and have the same operation in the Colony as if granted
by that court. [67

65. The court shall, before sealing a probate or letters
of administration under this Part, be satisfied-
(a)that estate duty has been paid in respect of so
much, if any, of the estate as is liable to estate
duty in the Colony; and
(b)in the case of letters of administration, that secur-
ity has been given in a sum sufficient in amount
to cover the property, if any, in the Colony to
which the letters of administration relate,
and may require such evidence, if any, as it thinks fit as
to the domicile of the deceased person. [68

66. The court may also, if it thinks fit, on the applica
tion of any creditor, require, before sealing, that adequate
security be given for the payment of debts due from the
estate to creditors residing in the Colony. [69

67. For the purposes of this Part, a duplicate of any
probate or letters of administration sealed with the seal of
the court granting the same, or a copy thereof certified as
correct by or tinder the authority of the court granting the
same, shall have the same effect as the original. [70

68. The power conferred on the Chief justice by section
69 of this Ordinance to make general rules and orders, sub-
ject to the approval of the Legislative Council, for regulating
the procedure and practice, including fees and costs, in the
court on and incidental to applications for grants of probate
or letters of administration in this Colony shall apply to
applications for sealing under this Part, and subject to any
exceptions and modifications made by such rules and orders,
the enactments for the time being in force in relation to
estate duty (including the penal provisions thereof) shall
apply as if the person who applies for sealing under this
Part were applying for probate or letters of administration.
[71





PART VII.

MISCELLANEOUS.

69. The Chief justice may by general rules and orders,
subject to the approval of the Legislative Council, prescribe
or provide for-
(a)the practice and procedure of the court, and the
several forms of petitions, orders, and other pro-
ceedings to be used in the court ;
(b) the duties of the various officers of the court
(c)the fees to be taken by the officers of the court and
to be allowed to counsel and solicitors practising in
the court, and the fees, charges, and costs to be
taken and allowed with respect to all proceedings
and all other matters in the court;
(d) the filing, custody, and inspection of records; and
(e) generally carrying out of the provisions of this
Ordinance. [74

70. Until such rules and orders have been made as
aforesaid, the court may direct, either generally or in any
particular case, that the rules and orders in relation to
matters of probate and administration in the Probate Divi-
sion of the High Court of justice in England or any part
thereof, and the forms of proceedings in use therein or any
of them, with such modifications as the circumstances may
require, shall be followed and adopted in the court. [75

71. An official copy of the whole or any part of a will,
or an official certificate of the grant of any administration,
may be obtained from the Registry of the court on the pay
ment of such fees as may be fixed for the same by the rules
and orders made under this Ordinance. [76

72. All administrations granted to any Official Ad-
ministrator shall be deemed to have been made to the Official
Administrator for the time being and to his successors in
office. [77



probate and Administration.
Originally 3 of 1897. Fraser. 2 of 1897. 9 of 1950. 22 of 1950. 4 of 1951, Short title. Interpretation. (Cap. 111.) General jurisdiction of the court in matters of probate and administration. 20 & 21 Vict. C. 77, s. 4. 20 & 21 Vict. C. 77, s. 23. [s. 3 cont.] Power of altering probate, etc. already granted. Prohibition of officer of the court practising. Sealing of documents. 20 & 21 Vict. C. 77, s. 22. Powers as to requiring attendance of and examining parties and witnesses. 20 & 21 Vict. C. 77, s. 24. General powers of enforcing process. 20 & 21 Vict. C. 77, s. 25. Power of ordering production of testamentary writings. 20 & 21 Vict. C. 77, s. 26. Administration of oaths, etc. 20 & 21 Vict. C. 77, s. 27. Registrar to be Official Administrator. Effect of grant to Official Administrator. Re-vesting of property on vacation of office. Power to Official Administrator to take possession of property of deceased person until grant. Estates of citizens of U.S.A. [cf. Cap. 174, s. 15 (2).] Punishment of person unlawfully removing out of the Colony property of deceased person. 22 of 1950, Schedule. Lien on property of deceased person for expenses incurred under s. 14. Person having or finding will to produce it. [s. 17 cont.] 22 of 1950, Schedule. Vesting of estate of deceased person in Official Administrator. Summary administration of intestates' estates not exceeding $2,500. 9 of 1950, Schedule. Cases in which Official Administrator is entitled to administration. Saving as to estates of certain person. Power of limiting grant. Period for closing administration of estate. Commission on moneys received. Keeping of books of account. Copies of documents and accounts. Half-yearly returns. Schedule. Redress against action of Official Administrator. Practice as to caveat against grant. 20 & 21 Vict. C. 77, s. 53. Effect of executor renouncing probate. 20 & 21 Vict. C, 77, s. 79. Effect of executor not taking probate. 21 & 22 Vict. C. 95, s. 16. Appointment of administrator of intestate's estate. 20 & 21 Vict. c. 77, s. 73. [s. 32 cont.] Grant of special administration where executor or administrator is out of jurisdiction. Payment of costs relating to special administration. Case of infant being sole executor. 38 Geo. 3, c. 87, s. 6. 38 Geo. 3, c. 87, s. 7. Prohibition of executor acting pending administration. 20 & 21 Vict. C. 77, s. 75. Appointment of administrator pendent lite. 20 & 21 Vict. C. 77, s. 70. Administration pending appeal. Bond to be given by administrator. 20 & 21 Vict. C. 77, s. 81. Amount of bond. 20 & 21 Vict. C. 77, s. 82. Validation of payments made under probate or administration subsequently revoked. 20 & 21 Vict. C. 77, s. 77. Validation of payments made under defective probate or administration. 20 & 21 Vict. c. 77, s. 78. Continuance of proceedings begun under temporary administration subsequently revoked. 20 & 21 Vict. c. 77, s. 76. Practice in matters not provided for. 20 & 21 Vict. C. 77, s. 29. Sittings in chambers. 21 & 22 Vict. C. 95, s. 3. Powers of judge sitting in chambers. Powers of the court with regard to costs. Examination of parties and witnesses. 20 & 21 Vict. C. 77, s. 31. [s. 48 cont.] Use of affidavit sworn out of the Colony. Rules of evidence. 20 & 21 Vict. C. 77, s. 33. Power to order question of fact to be tried by jury. 20 & 21 Vict. C. 77, s. 35. Procedure and powers on trial of question of fact by jury. 20 & 21 Vict. c. 77, s. 36. Form of question of fact to be tried, etc. 20 & 21 Vict. C. 77, s. 37. Specialty and simple contract debts to stand in equal degree. 32 & 33 Vict. C. 46, s. 1. Power to the court to make an order limiting time for [s. 55 cont.] creditors to send in claims against estate. 22 & 23 Vict. C. 35, s. 29. 4 of 1951, Schedule. (Cap. 29.) Allowance of remuneration to executor, administrator or attorney. Proof of Chinese law as to administration of property of deceased person. Summary procedure for administration of estate of person under & 2,500 in value. 9 of 1950, Schedule. [s. 58 cont.] 9 of 1950, Schedule. Power of Accountant General where sum not exceeding $2500 is payable to deceased person. 9 of 1950, Schedule. Validity of payment made under s. 59. Summary administration of estates of subordinate police and prisons officers. 9 of 1950, Schedule. Administration of estate of passenger dying on voyage to the Colony. 9 of 1950, Schedule. [s. 62 cont.] (Cap. 122.) 9 of 1950, Schedule. Interpretation. Sealing of probates and letters of administration. [s. 64 cont.] granted by British courts outside the Colony. Conditions to be fulfilled before sealing. Security for payment of debts. Duplicate or copy admissible. Rules as to practice under this Part. 55 & 56 Vict. C. 6, s. 2 ( 5). General rules and orders relating to practice, duties of officers, fees, and records. 20 7 21 Vict. C. 77, s. 30. Application of rules and orders of Probate Division of High Court in England. Copy of will, etc. 20 & 21 Vict. C. 77, s. 69. Continuance to successors in office of administrations granted to Official Administrator.

Originally 3 of 1897. Fraser. 2 of 1897. 9 of 1950. 22 of 1950. 4 of 1951, Short title. Interpretation. (Cap. 111.) General jurisdiction of the court in matters of probate and administration. 20 & 21 Vict. C. 77, s. 4. 20 & 21 Vict. C. 77, s. 23. [s. 3 cont.] Power of altering probate, etc. already granted. Prohibition of officer of the court practising. Sealing of documents. 20 & 21 Vict. C. 77, s. 22. Powers as to requiring attendance of and examining parties and witnesses. 20 & 21 Vict. C. 77, s. 24. General powers of enforcing process. 20 & 21 Vict. C. 77, s. 25. Power of ordering production of testamentary writings. 20 & 21 Vict. C. 77, s. 26. Administration of oaths, etc. 20 & 21 Vict. C. 77, s. 27. Registrar to be Official Administrator. Effect of grant to Official Administrator. Re-vesting of property on vacation of office. Power to Official Administrator to take possession of property of deceased person until grant. Estates of citizens of U.S.A. [cf. Cap. 174, s. 15 (2).] Punishment of person unlawfully removing out of the Colony property of deceased person. 22 of 1950, Schedule. Lien on property of deceased person for expenses incurred under s. 14. Person having or finding will to produce it. [s. 17 cont.] 22 of 1950, Schedule. Vesting of estate of deceased person in Official Administrator. Summary administration of intestates' estates not exceeding $2,500. 9 of 1950, Schedule. Cases in which Official Administrator is entitled to administration. Saving as to estates of certain person. Power of limiting grant. Period for closing administration of estate. Commission on moneys received. Keeping of books of account. Copies of documents and accounts. Half-yearly returns. Schedule. Redress against action of Official Administrator. Practice as to caveat against grant. 20 & 21 Vict. C. 77, s. 53. Effect of executor renouncing probate. 20 & 21 Vict. C, 77, s. 79. Effect of executor not taking probate. 21 & 22 Vict. C. 95, s. 16. Appointment of administrator of intestate's estate. 20 & 21 Vict. c. 77, s. 73. [s. 32 cont.] Grant of special administration where executor or administrator is out of jurisdiction. Payment of costs relating to special administration. Case of infant being sole executor. 38 Geo. 3, c. 87, s. 6. 38 Geo. 3, c. 87, s. 7. Prohibition of executor acting pending administration. 20 & 21 Vict. C. 77, s. 75. Appointment of administrator pendent lite. 20 & 21 Vict. C. 77, s. 70. Administration pending appeal. Bond to be given by administrator. 20 & 21 Vict. C. 77, s. 81. Amount of bond. 20 & 21 Vict. C. 77, s. 82. Validation of payments made under probate or administration subsequently revoked. 20 & 21 Vict. C. 77, s. 77. Validation of payments made under defective probate or administration. 20 & 21 Vict. c. 77, s. 78. Continuance of proceedings begun under temporary administration subsequently revoked. 20 & 21 Vict. c. 77, s. 76. Practice in matters not provided for. 20 & 21 Vict. C. 77, s. 29. Sittings in chambers. 21 & 22 Vict. C. 95, s. 3. Powers of judge sitting in chambers. Powers of the court with regard to costs. Examination of parties and witnesses. 20 & 21 Vict. C. 77, s. 31. [s. 48 cont.] Use of affidavit sworn out of the Colony. Rules of evidence. 20 & 21 Vict. C. 77, s. 33. Power to order question of fact to be tried by jury. 20 & 21 Vict. C. 77, s. 35. Procedure and powers on trial of question of fact by jury. 20 & 21 Vict. c. 77, s. 36. Form of question of fact to be tried, etc. 20 & 21 Vict. C. 77, s. 37. Specialty and simple contract debts to stand in equal degree. 32 & 33 Vict. C. 46, s. 1. Power to the court to make an order limiting time for [s. 55 cont.] creditors to send in claims against estate. 22 & 23 Vict. C. 35, s. 29. 4 of 1951, Schedule. (Cap. 29.) Allowance of remuneration to executor, administrator or attorney. Proof of Chinese law as to administration of property of deceased person. Summary procedure for administration of estate of person under & 2,500 in value. 9 of 1950, Schedule. [s. 58 cont.] 9 of 1950, Schedule. Power of Accountant General where sum not exceeding $2500 is payable to deceased person. 9 of 1950, Schedule. Validity of payment made under s. 59. Summary administration of estates of subordinate police and prisons officers. 9 of 1950, Schedule. Administration of estate of passenger dying on voyage to the Colony. 9 of 1950, Schedule. [s. 62 cont.] (Cap. 122.) 9 of 1950, Schedule. Interpretation. Sealing of probates and letters of administration. [s. 64 cont.] granted by British courts outside the Colony. Conditions to be fulfilled before sealing. Security for payment of debts. Duplicate or copy admissible. Rules as to practice under this Part. 55 & 56 Vict. C. 6, s. 2 ( 5). General rules and orders relating to practice, duties of officers, fees, and records. 20 7 21 Vict. C. 77, s. 30. Application of rules and orders of Probate Division of High Court in England. Copy of will, etc. 20 & 21 Vict. C. 77, s. 69. Continuance to successors in office of administrations granted to Official Administrator.

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