PROBATES ORDINANCE, 1897
Title
PROBATES ORDINANCE, 1897
Description
ORDINANCE No. 2 OF 1897.
Probates
AN ORDINANCE to consolidate and amend the Laws relating
to Probates and Letters of Administration in this Colony.
[15th May,1897.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Probates Ordinance.1897.
2.In this Ordinance,unless the ocntext otherwise requires,-
'The Court' means the Supreme Court of the Colony acting in the
exercise of its jurisdiction under this Ordinance:
'A Judge' or 'the Judge' meand a Judge of the Court:
'Will' comprehends 'testament' and all other testamentary
instruments of which probate may now be or might at any time
heretofore have been granted:
'Administration' comprehends all letters of administration of the
estates of deceased persons,whether with or without a will annexed,
and whether granted for general,special,or limited purposes:
'Estate' of a deceased person means the personal estate and effects
of whatever kind of such person:
'Matters and causes testamentary' comprehend all matters and
causes relating to the granting and revocation of probate of wills
and of administration:
'Prescribed' means precribed by rules or orders of the Court made
under this Ordinance. 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 testamentary,shall as heretofore belong to and be vested in and
to exercised in the name of Her Majesty by the Supreme Court of
Hongkong.
(2.)The Supreme 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 masters and causes testamentary shall be performed
by the Supreme Court under the probate jurisdiction hereby ocntinued:
Provided that no suits for legacies,or suits for the distribution of residues,
shall be entertained by the Supreme 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 commencement 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 an advocate,barrister,
proctor,attorney,or solicitor,or receive or participate in the fees of any
ther person so practising.
6.All probates,administrations,orders,and other instruments,and
all examplifications and copies thereof,shall respectively be sealed with
the Seal of the Supreme Court;and any such document purporting to
be so sealed shall be received in evidence,in any case 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 exmaine or cause to be ecmained upon
the 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 subpoena and testificandum or of subpoena duces
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,neglaecting,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 pur-
poses 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 otherwise,in a
summary way,whether any action or other proceeding is or is not pend-
ing in the Court with respect to any probate or administration,order any
person to produce and bring into the Registry,or otherwise as the Court
may direct,any paper or writing being or purporting 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 con-
tempt in case of default in not attending or in not answering such
questions or interrogatories,or not bringing in such paper or writing,as
he would have been subject to in case he had been party to an action
in the Court and had made such default.
10.-(1.)The Registrar of the Supreme Court and any other perosn
whom the Chief Justice may from time to time ,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 from
time to time by any rules 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 ADMINISTRATORS.
11.-(1.)It is hereby declared that the Registrar for the time being
of the Supreme Court is ex officio Official Administrator under this
Ordinance.
(2.)In all cases the Official Administrator shal be subject to the
immediate control and act under the direction of the Court.
12.A grant of administration to the Official Administrator,whether
the name of the grantee,the officer holding the appointment at the time
of the grant,is or is not mentioned therein,shall be deemed to have been
made and to be made,as the case may be,to him and his successors in
office from time to time.
13.All property vested in the Official Administrator for the time
being by virtue of any grant of administration made ot him or any pre-
deceasor 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 ,without having in the Colony any known heirs or testa-
mentary executors appointed by him,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 imme-
diately 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.Every person who,without lawful authority or excuse in that
behalf,(the proof whereof shall lie on him),-
(1.)removes or attempts to remove out of the Colony any such pro-
perty as is mentioned in the last preceding section;or
(2.)destroys,conceals,or refuses to yield up any such property on
demand to the Official Administrator,
shall,on summary conviction thereof,be liable to a penalty not exceed-
ing five hndred dollars,or to imprisonment for any term not exceeding
six months,or to both such penalty and imprisonment.
16.The Official Administrator shall have a lien upon all property
mentioned in section 14 for teh 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 he has had notice thereof,
or from the time of the finding of the will,as the case may be.
(2.)Every person who refuses or neglects to comply with the require-
ments of this section shall,on summary conviction thereof,be liable to a
penalty not exceeding five hundred dollars.
18.From and after the decease of any person dying intertate and until
administration is granted in respect of his estate,the estate of such
deceased person shall be vested in the Official Administrator.
19.When the whole estate of any perosn dying intestate in the Colony
does not,in the opinion of the Official Administrator,exceed in value the
sum of fifty dollars,it shall be lawful for the Official Administrator,if
he thinks fit,without any legal formality,to receive to take possession
of such estate and to administer the same in a summary manner for the
benefit of all persons intereted therein.
20.-(1.)On application made by the Official Administrator,the
Court shall,unless it sees good reason to the contrary,grant to him
administration in any of the following cases;that is to say,-
(a.)where a person dying intestate,whether in this Colony or else-
where,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 else-
where,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 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 else-
where,has left property situate in the Colony and no person
has,within twelve months after the death of such person,
obtained administration of his estate;and
(d.)where a person dying intestate,whether in this Colony or else-
where,has left property situate in the Colony and the next of
kin of such property situate in the Colony are infants
under the age of twenty-one years.
(2.)The preceding 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 xonstrued to enable or require
the Official Administrator to obtain administration of the estate of any
person dying in the naval or military service of Her 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 Parlia-
ment for the time being in force,or of any person for the administration
of whose estate special provision is otherwise made in Part V.
22.Any grant made to the Official Administrator under this Ordi-
nance may be limited in respect of time or in any other respect as to be
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 adminis-
tration 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. per annum shall be
chargeable on all moneys received or taken possession of,or realized or
otherwise dealt with,by the Official Administrator under this Ordinance;
and such commission shall be accounted for and paid over by the Official
Administrator to the Colonial Treasurer for the public use of the
Colony.
25.The provisions of the Unclaimed Balances Ordinance,1885,
relating to the payment into the Colonial Treasureer by the Official
Adminminstartor of the unclaimed balance of t eh estate of persons dying
intestate, and to the making of and dealing with claims in repect of
such balances, shall mutatis mutandis apply to moneys recieved or taken
possession of by the Offical Adminstration under the provision of section
14 or of section 19 of this Ordinance: Provided that the period of one
year and five years mentoned in the said first-mentioned provisions
shall in respect of such moneys be computed from theh dates on which
they were repectively recieved or taken possession of.
26.-1Thv eOffical Adminstration shall keep a general register of
all estates under his adminstrator, a cash book, and a ledge or account
current book, and such otyher books as he may find necessary or such
other or addition books as may be prescribed.
(2)He shall enter in books to be kept by him for that purpose
seperate and distinct account of each estate amd of all property made by him
on account of each estate specifying the dates of each receipts
and payment respectively.
(3)Each such books shall be kept in the Regoistry and shall be open
durinh office hours for the inspection of any persom who has occasion to
inspect thesame on payment of th eprescribed fee.
27.(1)/the Office Admunstration shall give to any person who
applies for the same copies of all document and accounts in his posses-
sion relating to any estate under his adminstration or to any property
which he recieve or of which he takes possession under this Ordinance
on payment of the prescribed fees
(2)If any such copy is refues the applicants may pettion the Court
in a summary way for an order on the Offical Adminstration to give
such copy; and the costs of any such pettion and order shall be paid
bby teh Offical Admiinstrator if the Court so direct.
28.The Offical Adminstrator shall, on the expiration of each
half year make out and Furnish to the chief Justice and to the
Colonial Secretary a half yearly return according to teh form in the
Firts Schedule to thus Ordinance of all estate vested in or adminstratered
by him during the hlf year then expired, and he shall fron time to
time pay into the hands of the Colonial Treasurer the balance remaining
in respect of each such estate immediately after the same has been
closed.
29.No action shall be brought against the Offical Adminstration for
anything done by him in respect of the excution or the intended
excution of any power vested in hoim by section 14 or section 19, but
any person whop 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 too the matter which the justice of the case requires.
PartIII
Granting and Revocation of Probates etc
Caveat
30.-(1) A caveat aganist the grant of any probate or adminstration
may be lodged in the Registry of the Court.
(2) Subject to any rules or order makes under this Ordinance the
practise and p[rocedure of the Court in respect of any such caveat shall
as nearly as may be corrspond with the practise and procedure hirherto
in use in respect of such caveats.
Executorship.
31.Where ny person renounce probate of the will of which he is
appointed executor or one of the excutor the rights of such person in
respect of the excutorship shall wholly cease and the representation of
the testator and the adminstration of his estate shall go delove and
be committed like manner as if such person had not been appointed
executor
Adminstration
33Where a perosn dies wholly interest as to his personal estate
or leaving a will affecting personal estate but withiut having appointed
an executor thereof willing and complent to take probate or where
the executor is, st thhe time of the death of such person resident out of
the colony or where it appears to the Court to be necessary or conven-
ient to appoint some person to be the adminstrator of the 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 adminstration of such personal estate it shall be
lawful for the Court in this discretion to appoint such person as the Court thinks fit to be such adminstrator on his giving such security
if any as the Court may direct and every such adminstration may
limited in such manner as the Courtr thinks fit
34-(1)At the expiration of twelve months from the death of any
deceased person if the executor or excecutors to whom probate of the
will has been grangted or the person r persons to whom adminstration
hhas been granted is or are residing out of the jurdiction of the Court
it shall be lawful for thej Court on the application of any creditor next
of kin or legatee grounded on an affidavit made for that pr=urpose to
grant such special admunstration as it may think fit of the estate of
such deceased person
(2)It shall be lawful for th eCourt on application made for that
purpose by any person interested to direct any shares or stock in any
joint stock company to be transfer ed into the name of the Register in
trust for such purposedes as the Court may direct in any action in which the
perosn to whom such special adminstration has been granted is a party
Provided, nevertheless that if any executor or adminstrator 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 deceaed person, such
executor or adminstration shall be entitled to be made a party thereof.
35.The costs incurred by granting any such special adminstration
shall be paid by such person or out of such fund as the Court may
direct, and the costs incurrred by proceeeding in any action aganist any
such adminstration shall be such person or out of such fund as
the Court in which the action is pending may direct.
36.-(1)Where an infant is sole executor of any deceased person,
adminstration with the will annexed shall be granted to the gurardian
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 adminstration is granted shall have
the same powers vested in him as an adminstrator now has by virtue of
an adminstration granted to him durant minore cetate of the next of
kin.
37.After any grant of admiinstaration, no person shall have power to
sue or prosecute any action, or potherwise to act as executor of the deceased
person as to the person estate comprised iin or afflected by such grant
of adminbstration until such adminstration has been recalled or
revoked.
Adminstration pendent lite.
38.-(1) Pending any touching the validity of th ewill of any
deceased person or for obtaining recalling or revoking any probate or
any granted of adminstration the Court may appoint an adminstarator
of the estate of such deceased perosn.
(2)The adminstrator so appointed shall have all rights and
powers of a general adminstrator other than the right of distributing
the residue of such estate.
(3)Every such adminstarator shall be subject to the immediate
control of th Court and act under its direction.
39.All the provision of the last prceding section relating to grants
of adminstration pending action shall be deemed to apply to the case of
an appeal to Her Majesty-in-Council from any decision of the Court.
Adminstration Bond
40.Every person (other than the Offical Adminstrator)to whom
any grant of adminstration is committed shall unless the Court
otherwise directs give a bond, with (if the Court requires)one or more
surety not be necessary for the Captain Superintendent of Police,when
applying for or the Captain Superintendent of a person dying
whilst employed in the Police Force, as hereinafter provided, to give any
such bond as aforesaid.
41.Every such bond shall be in a penalty of double the amount
under which teh estate of the decesed personis 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 resonable.
Revocation of Grant.
42.When any probate or adminstration is revoked all payments
bona fide made to any executor or adminstration under such probate or
adminstration before the revocation thereof shall be a legal discharged
to the person making the same and the executor or adminstrator who
has acted under any such revoked probate or adminstration may retain
and reimburse himself in respect of any payments made by him which
the person to whom probat or adminstration is afterwards granted
might have lawfully made.
43.All persons making or permitting to be made any payment or
transfer bona fide upon any probate or adminstration granted in respect
of the estate of any deceased person shall be indemnified and protected
in so doing , notwithstanding any defect or other thoing whatsover
affecting the validity of such probate or adminstration.
44.Where, before the revocation of any temporary adminstration
any proceedings have been commenced in the Superme Court in its ori-
ginal jurisdiction may order that a suggestion be made upon the
record of the revocation of such admonstration, and of the grant of pro-
bate or adminstration which has been made consquent thereupon and
that the proceeding shall be continued in the name of the new executor
or adminstrator in like manner as if the proceedings had been orignally
commerced by or against such new executor or adminstrator but sub-
ject to such conditions and variation if any as the Court may direct.
Practice.
45.The practice of th eCourt shall except where otherwise provided
by this Ordinance or by the rules or orders from time to time made
thereeunder be so far as the circumstances of the case will admit
according to the practice hitherto prevailing in the same.
46.It shall be lawfully 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
advantages to the suitors be heard in Chambers; and the times at which
such sitting shall be held shall from time to time be fixed by the Judge:
Provided that no matter shall be heard in Chambers which either party
requires to be heard in Court.
47. 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.
48. 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 proceedings in its original jurisdiction.
evidence.
49.-(1) subject to any rules or orders made under this ordinances,
the witnesses ,and where necessary the parties, in all contentions matters
where their attendance can be had shall be examimed orally by or before the judge in court: provided that , subject to any such rules or orders
as aforesaid , the parties shall be at liberty to verify their respective cases,
in whofe or in part , by affiidavit , but so that the deponent 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 orally 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) provided that 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 attendance in court , it shall
be lawful fot the cout to order a commission to issue for his examina-
tion up0on interrogatories or otherwise , or , if the witness is within the
jurisdicition 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.
50. an affidavit sworn out of the colony in the manner mentioned
in any ordinance for the time being in force relation to evidence may be
used in any action or proceeding in the court.
51. 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.
trial of question of fact by jury .
52. on the appliction of any party to any action or proceeding in
cour tor of its orn motion , it shall be lawful for the court to cause any
question of fact arrising in such action or proceeding to be tried by a special
or common jury .
53.-(1) when the court orders a question of fact to be tried by a
jur, the court may make all such rules and orders for procuring the
attendance of a special or common jury for the trial of sucb 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 sucb jury were jury for the trial of any
cause in the said supreme court ; and every juryman so summoned
shall be entitled to the same rights, and subject to the same duties and
habilities , as if he had been duly summoned for the trial of any such
cause in the said supreme court ; and every party to any such pro-
ceeding shall be entitled to the same rights as to challenge and otherwise
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 reapect 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 said Supreme Court for the like
purposes.
54. (1) When the Court orders a question of fact to be tried by
jury, 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 said
Supreme Court sitting in its original jurisdiction.
Calendars of Grants.
55. (1) The Judge shall cause to be made from time to time in the
Refistry of the Court and to be printed calendars of the grants of
probate and administration therein for such periods as the Judge may
think fit.
(2) Every such calendar shall contain a note of every probate, or
administration with the will annexed, or administration granted within
the period therein specified.
(3) Every such note shall set forth the date of the grant, the name
of the testator or intestate, the place and time of death, the names and
descriptions of the executors or administrators, and the value of the
effects as set forth in any commission of appraisement or otherwise.
56. The Registrar shall cause a copy of every such calendar to be
transmitted to the Governor, to the Principal Registry of the Probate
Division of the High Court of Justice in England, to the Sheriff Court
of the County of Edinburgh in Scotland, to the Principal Registry of
the Probate Division of the High Court of Justice in Ireland, and to such
other offices, if any, as the Judge may from time to time direct.
PART IV
RULES FOR ADMINISTRATION OF PROPERTY
In the administration of the estate of every deceased person, no
debt or liability of such person shall be entitled to any priority or pre-
ference by reason merely that the same is secured by or arises under a
bond, deed, or other instrument under 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 equial degree,
and be paid accordingly out of the assets of such deceased person,
whether such assets are legal or equitable: Provided that this Ordi-
nance shall not prejudice or affect any lien, charge, or other security
which any creditor may hold or be entitled to for the payment of his
debt.
58.-(1) Any executor or admistrator may apply by summary
petition to the Court for an order limiting the time for 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
thereon as it thinks fit.
(2) Where an executor or administrator has given the notices specified
in any such order, he shall, at the expiration of the time limited thereby
for sending in such claims, be at liberty to distribute the assets of the
testator or intestate, 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 dis-
tribution 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 received the same respectively.
59. It shall be lawful for the Court to allow to any executor or
administrator, including an admistrator appointed pendente lite as afore-
said, such remuneration out of the estate of the deceased person as may
be just and reasonable for his pains and trouble therein: Provided that
no allowance whatever shall be made to any executor or administrator
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.
60. 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 discretion, 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 thereafter to act upon such
written statement in such manner as it thinks fit.
PART V
SPECIAL AND EXCEPTED CASES.
Estates of Small Value.
61. (1) Where the whole estate of any person dying intestate in
the Colony does not exceed in value the sum of 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, and the Registrar 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 administration of the estate of
the intestate and deliver them to the applicant, without payment of any
fee, except as is provided by this section.
(2) The Registrar has reason to believe that the whole estate of
which the intestate died possessed exveeds in value the sum of five
hundred dollars, he shall refuse to proceed with the application until he
is satisfied that such value is below that amount.
(4) An applicant under this section shall not be required by any
table of fees framed under this Ordinance to apy a greater amount of
fees than the amout applicable to the case which is mentioned in the
Second Schedule to this Ordinance.
(5) Nothing in this section shall be construed to affect any duty for
the time being payable by law on administrations.
Small Sums payable by Public Departments to Deceased Persons.
62. (1) On the death of any person to whom any sum of money
not exceeding five hundred dollars is payable by a public department
within the Colony in respect of vivil pay or allowances or annuities
granted either under the authority of Her Majesty's Government or of the Government of the Colony, it shall be lawful for the Colonial
Treasurer, on being satisfied of the expediency of dispensing with
probate or admisistration, to aurhotize the payment of such sum to such
person or persons as the Colonial Treasurer may consider entitled thereto,
without requiring the production of probate or administration.
(2) Payment of all such sumes of money shall be made under such
regulations, if any, as the Colonial Treasurer may, with the approval of
the Governor, from time to time to time make for that purpose.
63. Any payment made under the provisions of the last preceding
section 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 them under the said
provisions.
Estates of Deceased members of Police Force.
64. (1) Any person employed in the Police Force under the rank
of Inspector and dying whilst so employed shall not be deemed to
be within the meaning of the preceding provisions of this Ordi-
nance; but the Captain Superintendent of Police is hereby consituted
the official administrator of his estate, and is required to get in and
administer the same, with the sanction of the Colonial Secretary,
and, within one month after the death of any such person, to certify the
same and the amount in value of the estate of such person, by certificate
under his hand, to the Registrar for registry in the Court; and he shall
also pay over to the Colonial Treasurer the balance of every such estate,
after payment of all lawful claims against the same.
(2) It shall be lawful for the Colonial Secretary, on the application
of the Colonial Treasurer for the payment of the whole or any part
of such balance to such person or persons as may appear to eb entitled
thereto, and the Colonial Treasurer shall comply with such order.
Estates of Persons dying on Voyages to the Colony.
65. (1) The following special provisions shall regulate the adminis-
tration of the estates of passengers who die at sea in the course of a
voyage to the Colony on board of any vessel which afterwardas arrives
in the Colony; that is to say,-
(a) where any passenger has died on boarf of 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 Harbour
Master all the goods and effects of such passenger then on
board of such vessel; (b) thereupon the Harbour Master shall take possession of such
goods and effects, and,-
(i) if he thinks that their value is more than one hundred
dollars, he shall forthwith hand them over to the Official
Administrator, to whom he shall also furnish in writing all
such information as he may have been able to obtain about
the deceased passenger and as he amy consider likely to be
useful for the due administration of the estate; and,
(ii) if he thinks that their value is not more than on
hundred dollars, he shall, in such manner as he may con-
sider just an d convenient, distribute them amongst the
persons who may appear to him, in his discretion, to be en-
titled thereto, or, if he can find no such persons within en-
titled 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 proceeds of the
ale into the Colorial 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 Colonial Treasury under
this section, any person entitled to the said proceeds, or to any
portion thereof, may apply to the Harbour Master for the same,
and, at the expiration of the said twelve months, the Harbour
Master may make application in that behalf to the Colonia
Treasurere, and the Colnial Treasurer shall pay to the Harbour
Master the said proceeds or a portion thereof, and the Harbour
Master 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 proceeds of any
estate into the Colonial Treasury under this section, the Harbour
Master shall deduct the amount of any expenses or costs which
he may have invurred in advertising or otherwise in the ad-
ministration of the same; and
(e) if no person entitled applies to the Harbour Master under
paragraph (c) of this sub-section within the twelve months
mentioned in that paragraph, the proceeds of the estate shall be
paid over to the general revenue of the Colony; but it shall be
lawful for the Governor, within a period of six years thereafter
to direct a refund of teh same, or any protion thereof, to any
person who establishes, to his satisfaction, a legal, equitable, or
moral claim thereto.
(2) For the purposes of this section, the expression 'voyage of a
passenger to the Colony' means the voyage of a passenger which would is the ordinary course terminate at the colony as the port of destination
of the passenger.
(3) If any master of a vessel refuses or neglects to comply with the
equirements of this section, he shall, on summary conviction thereof,
be liable to a penalty not exceeding one hundred dollars.
PART VI
BRITISH AND COLONIAL PROBATES.
BArithish Probates.
66. In the provisions of this Part relating to British probates, unless
the context otherwise requirs,-
'Court of Probate' means any court or authority, by whatever name
designated, having jurisdictio0n in matters of probate, and in Scot-
land means the Sheriff Court of the County of Edinburgh:
'Probate' and 'administration' include confirmation in Scotland.
67.-(1) Where a Court of Probate in the United Kingdom has
granted probate or administration in respect of the estate of a deceased
person, the probate or administration so granted may, on being pro-
duced 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 the Court.
(2) Provided that the Court shall, before sealing a probate or ad-
ministration under this section, be satisfied-
(a) that probate duty has been paid in respect of so much, if any,
of the estate as is liable to probate duty in the Colony; and,
(b) in the case of administration, that security has been given in a
sum sufficient in amount to cover the property, if any, in the
Colony to which the administration relates;
and the Court may require such evidence, if any, as it thinks fit as to
the domicile of the deceased person.
(3) The Court may also, if it thinks fit, on the application 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.
(4) For the purposes of this section, a duplicate of any probate or
administration sealed with the seal of the Court of Probate granting the
same, or a copy thereof certified as correct by or under the authority of
such Court, shall have the same effect as the original.
(5) All Ordinacnes, enactments, and reules of Court for the time being
force in the Colony in relation to probate duty, or in relation to fess and costs in the court ,shall apply to applications for sealing under this
section to the same extent and in the same manner as if the person who
applies for such sealing were a person applying to the court for probate
or administration.
68. the preceding provisions of this part shall apply to probates and
administrations granted in the united kingdom either before or after
the commencement of this ordinance.
colonisl probates.
69. in the provisions of this part relating to colonial probates , unless
the context otehrwise requires ,-
' court of probate' means any court or authority , by whatever
name designated, having jurisdiction in matters of probates :
' probate ' and ' administration' include any instrument having ,
in a british possession,the same effect as , under the law fo this
colony , is given to probate and administration respectively:
' probate duty ' includes any stamp or other duty payable on
the value of the estate for which probate or administration is
granted:
'british court in a foreign country' means any british court
having jurisdiction out of her majesty's dominios in pursuance
of an order of her majestly-in-council,whether made under any
act of parliament or otherwise:
'british possession' includes any part of a british possession
having a separate legislature .
70-(1) the governor-in-council may , on being satisfied that the
legislature of any british possession has made adequate provision for
the recognition in that possession of probates and administrations
granted by the court , direct by order that the provisions of this part
relating to colonisal probates shall, subject to any exceptions and
modifications specified in the order, apply to that possession , and there-
upon , while the order is in force , those provisions shall apply accord-
ingly.
(2) the governor-in-council may , by order, revoke or alter any
order previously made under this ordinance or under any ordinances
hereby repealed .
(3)every such order-in-council shall be published in the gasette.
71.-(1) where a court of probate in a british prossession to
which the provisions of this part relating to colonisl provates apply has
granted probate or administration in respect of the estate of a deceased
person , the probate or administration so granted may , on being pro- duced 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
the court .
(2) provided that the court shall , before sealing a probate or ad-
ministration under this section, be satisfied-
(a) that probate duty has been paid in respect of so much , if any ,
of the estate as is liable to probate duty in the colony ; and,
(b) in the case ofadministration , that security has been given in
a sum sufficient in amount to cover the property, if any, in the
colony to which the administration relates;
and the court may also,if it thinks fit, on the application of any
creditor,require,before sealing , theat adequate security be given for the
payment fo debts due from the estate to creditors residing in the
colony.
(4) for the purposes of this section,a duplicate of any probate or
administration sealed with the seal of the court fo probate granting
the same,or a copy thereof certified as correct by or under the authority
of such court , shall have hte same effect as the original.
(5) all ordinances , enactments , and rules of court for the time
being in force in the colony in relaiton to probat3e duty , or in relation
to fees nad costs in the court , shall apply to applications for sealing
under this section the same extent and in the same manner as if the
person who applies for such sealing were a persojn applying to the court
for probate or administration.
72.the provisions of this part relating to colonial probates shall
apply to probates and administrations granted in a british possession
to which this ordinance is applied , either before or after the com-
mancement of this ordinance .
73. thge provisions of this part relating to colonial probates shall
extend to authorixe the sealing by the court of any probate or ad-
mistrateion granted by a british court in a foreign country in like
manner as they authorize the sealing of a probate or administration
granted in a british possession to which the said provisions apply,
and the said provisions shall apply accordingly, with the neccessary
modifications. part VII.
MISCELLANEOUS PROVISIONS .
74. -(1) the chief justice may from time to time make general
rules and orders for the following purposes, and may from time to
time vary or recind the same; that is to say ,-
(a) for regulating the practice and procedure of the court ,and
the several forms of petitions,orders , and other proceedings to
be used in the court ;
(b)for regulating the duties of the various officers of the court;
(c)for regulating the fees to be taken by the officers of the
court and to be allowed to counsel,proctors, and solictiors
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.) for regulating the filing , custody , and inspection so records,
and
(e)generally for the better carrying out of the provisions of this
ordinance.
(2) no such rule or order shall be of any force of effect until it has
been approved by the legislative council and published in the gasette .
75. 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 now in force or which may hereafter be in force in
relation to matters of probate and administration in the probate division
of the high court of justice in england or any part thereof , and hte
forms fo proceedings in use therein or any of them, subject to their
applicability and with such modifications as the circumstances may
require, shall take effect accordingly.
76. 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 of on the payment of such fees as may be fixed for
the same by the rules and orders made under this ordinance.
temporary provisions .
77. all administrations heretofore granted any offical adminis-
trator shalll be deemed to have been made to the official administrator
for the time being and to his successors in office: provided that no act heretofore done by any person under any grant of administration made
to him as official administrator shall be deemed to be affected or
rendered invalid on account of the passing of this ordinance.
76. all non-contentious business pending in the court at the com-
mencement of this ordinance shall be deemed to have been commenced
under this ordinance;and all acts executed under the authority of the
court with reference to such business which would have been valid if the
enactments hereby repealed were still in operation shall be valid; and
all oaths sworn and bonds executed in manner required by the court in
reference to such business prior to the commencement of this ordinance
shalll continue to have and be deemed to have had the same force and
affect in law as they would have had if sworn and executed in pursuance
of the provisions of this ordinance.
79. all commissions heretofore collected by the officiall administrator
an any moneys received or taken possession of , or realized or otherwise
dealt with, by the official administrator and paid over to the colonial
treasurer for the public use of the colony are hereby declared to have
been lawfully collected and paid over.
80. the provisions fo section 25 shall apply, with such modifications
as the judge may direct , in the case of any sum of money of the kind
mentioned in the said section which is , at the commencement of this
ordinance, in the hands of the official administrator.
81.the ordinance mentioned in the third schedule to this ordinance
are hereby repealed: provided that such repeal shall not affect-
(1) any order-in-council or rules or orders made , or any tables of
fees , costs , and charges fixed , under any of the said ordinances ,but
any such order-in-council , rules or orders , and tables shall have
in force until revoked , altered , varied , rescinded , or abrogated under
this ordinances, and any order-in-council, rules or orders , or tables
referring to or made under any of the said ordinances shall have
effect in the same manner as if it or they referred to the correspond-
ing enactments contained in this ordinance; or
(2) any probate or administration granted , or other act or thing
done , under any of the said ordinances. SCHEDULES.
THE FIRST SCHEDULE.
FROM OF RETURN OF ESTATES OF INTESTATES.
Return of Estates of Intestates for the Half-Year ending
Name of intestate
Amount received on account of Estate.
Deductions for Disbursements.
Balance on closeing Account.
Disposal of Balance.
(signed.)
Dated the day of
THE SECOND SCHEDULE.
FEES PAYBABLE IN RESPECT OF SMALL ESTATES.
Where the whole estate of the intestate does not exceed in value $100, the
sum of $1; and where the whole estate exceeds in value $100, the sum of $1,
and the further sum of 20 cents, for every $50 or fraction of $50 by which
the value exceeds $100.
A.D. 1897. Ordinance No. 3 of 1897, with Ordinance No. 19 of 1901 incorporated.
Short title.
Interpretation of terms.
20 & 21 Vict.c. 77 s.2. General jurisdiction of the Court in matters of probate and administration. 20 & 21 Vict.c. 77 s.4. Ib.s.23. Power of altering probate, etc., already granted. Prohibition of officer of the Court practising as advocate, etc. Sealing of documents. Ib.s.22. Powers as to requiring attendance of and examinating parties and witnesses. Ib.s.24. General powers of enforcing process. 20 & 21 Vict.c. 77 s. 25. Power of ordering production of testamentary writings. Ib.s.26. Administration of oaths, etc. Ib.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 of probate or administration. Punishment of person unlawfully removing out of the Colony property of deceased person. Lien on property of deceased person for expenses incurred under s.14. Obligation on person having or finding will to produce it. Vesting of estate of deceased person in Official Administrator. Power to administer estate of intestate, not exceeding $50, in summary manner. 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 chargeable on moneys received. Application of provisions of the Unclaimed Balances Ordinance, 1885, to moneys received under s. 14 or s. 19. No. 1 of 1885. Keeping of books of account. Copies of documents and accounts. Making of half-yearly returns. First Schedule. Mode of obtaining redress against action of Official Administrator under s. 14 or s. 19. Practice as to caveat against grant. 20 & 21 Vict.c. 77 s. 53. Effect executor renouncing probate. Ib.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. 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. 3c. 87, s. 6. Ib.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. Ib.s.81. Amount of bond. Ib.s.82. Validation of payments made under probate or administration subsequently revoked. Ib.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. Ib.s.76. Practice in matters not provided for. Ib.s.29. Sittings in Chambers. 21 & 22 Vict. c. 95 s. 3. Power 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. Use of affidavit sworn out of Colony. See Ordinance No. 2 of 1889. Rules of evidence. 20 & 21 Vict.c. 77 s. 33. Power to order question of fact tobe tried by special or common jury. Ib.s. 35. Procedure and powers on trial of question by jury. Ib.s.36. See Ordinance No. 7 of 1887. Form of question to be tried, etc. 20 & 21 Vict.c. 77 s. 37. Making and particulars of calendars of grants. Ib.s.67. Distribution of calendars. Ib.s.68. 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 creditors to send in claims against estate. 22 & 23 Vict.c. 35 s.29. Allowance of remuneration to executor or administrator. Proof of Chinese law as to administration of property of deceased person. Summary procedure for administration of estate of person dying intestate under $500 in value. Second Schedule. Power of Colonial Treasurer where sum not exceeding $500 is payable by public department to deceased person. Validity of payment made under s.62. Administration of estate of deceased subordinate member of Police Force. Administration of estate of passenger dying on voyage on the Colony. See 55 & 56 Vict.c. 6. Interpretation of terms relatings to British probates. Sealing of probate or administration granted in the United Kingdom, and effect thereof. Application of provisions relating to British probates. Interpretation of terms relating to colonial probates. Power to apply provisions relating to colonial probates to British Possession. Sealing of probate or administration granted in British Possession, and effect thereof. Application of provisions relating to colonial probates. Extension of provisions relating to colonial probates to probates, etc., granted by British Court in foreign country. Making of general rules and orders relating to practice, duties of officers, fees, and records. 20 & 21 Vict.c. 77 s.30. Application of rules and orders of Probate Division of High Court in England until rules and orders made. Copy of will, etc. Ib.s.69. Continuance to successors in office of grants of administration made to Official Administrator. Conduct of pending non-contentious business. Validation of past commissions charged. Application of provisions of s.25 to moneys now in hands of Official Administrator. Repeal of enactments. Third Schedule not printed. Section 28. Section 61.
Probates
AN ORDINANCE to consolidate and amend the Laws relating
to Probates and Letters of Administration in this Colony.
[15th May,1897.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Probates Ordinance.1897.
2.In this Ordinance,unless the ocntext otherwise requires,-
'The Court' means the Supreme Court of the Colony acting in the
exercise of its jurisdiction under this Ordinance:
'A Judge' or 'the Judge' meand a Judge of the Court:
'Will' comprehends 'testament' and all other testamentary
instruments of which probate may now be or might at any time
heretofore have been granted:
'Administration' comprehends all letters of administration of the
estates of deceased persons,whether with or without a will annexed,
and whether granted for general,special,or limited purposes:
'Estate' of a deceased person means the personal estate and effects
of whatever kind of such person:
'Matters and causes testamentary' comprehend all matters and
causes relating to the granting and revocation of probate of wills
and of administration:
'Prescribed' means precribed by rules or orders of the Court made
under this Ordinance. 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 testamentary,shall as heretofore belong to and be vested in and
to exercised in the name of Her Majesty by the Supreme Court of
Hongkong.
(2.)The Supreme 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 masters and causes testamentary shall be performed
by the Supreme Court under the probate jurisdiction hereby ocntinued:
Provided that no suits for legacies,or suits for the distribution of residues,
shall be entertained by the Supreme 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 commencement 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 an advocate,barrister,
proctor,attorney,or solicitor,or receive or participate in the fees of any
ther person so practising.
6.All probates,administrations,orders,and other instruments,and
all examplifications and copies thereof,shall respectively be sealed with
the Seal of the Supreme Court;and any such document purporting to
be so sealed shall be received in evidence,in any case 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 exmaine or cause to be ecmained upon
the 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 subpoena and testificandum or of subpoena duces
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,neglaecting,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 pur-
poses 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 otherwise,in a
summary way,whether any action or other proceeding is or is not pend-
ing in the Court with respect to any probate or administration,order any
person to produce and bring into the Registry,or otherwise as the Court
may direct,any paper or writing being or purporting 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 con-
tempt in case of default in not attending or in not answering such
questions or interrogatories,or not bringing in such paper or writing,as
he would have been subject to in case he had been party to an action
in the Court and had made such default.
10.-(1.)The Registrar of the Supreme Court and any other perosn
whom the Chief Justice may from time to time ,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 from
time to time by any rules 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 ADMINISTRATORS.
11.-(1.)It is hereby declared that the Registrar for the time being
of the Supreme Court is ex officio Official Administrator under this
Ordinance.
(2.)In all cases the Official Administrator shal be subject to the
immediate control and act under the direction of the Court.
12.A grant of administration to the Official Administrator,whether
the name of the grantee,the officer holding the appointment at the time
of the grant,is or is not mentioned therein,shall be deemed to have been
made and to be made,as the case may be,to him and his successors in
office from time to time.
13.All property vested in the Official Administrator for the time
being by virtue of any grant of administration made ot him or any pre-
deceasor 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 ,without having in the Colony any known heirs or testa-
mentary executors appointed by him,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 imme-
diately 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.Every person who,without lawful authority or excuse in that
behalf,(the proof whereof shall lie on him),-
(1.)removes or attempts to remove out of the Colony any such pro-
perty as is mentioned in the last preceding section;or
(2.)destroys,conceals,or refuses to yield up any such property on
demand to the Official Administrator,
shall,on summary conviction thereof,be liable to a penalty not exceed-
ing five hndred dollars,or to imprisonment for any term not exceeding
six months,or to both such penalty and imprisonment.
16.The Official Administrator shall have a lien upon all property
mentioned in section 14 for teh 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 he has had notice thereof,
or from the time of the finding of the will,as the case may be.
(2.)Every person who refuses or neglects to comply with the require-
ments of this section shall,on summary conviction thereof,be liable to a
penalty not exceeding five hundred dollars.
18.From and after the decease of any person dying intertate and until
administration is granted in respect of his estate,the estate of such
deceased person shall be vested in the Official Administrator.
19.When the whole estate of any perosn dying intestate in the Colony
does not,in the opinion of the Official Administrator,exceed in value the
sum of fifty dollars,it shall be lawful for the Official Administrator,if
he thinks fit,without any legal formality,to receive to take possession
of such estate and to administer the same in a summary manner for the
benefit of all persons intereted therein.
20.-(1.)On application made by the Official Administrator,the
Court shall,unless it sees good reason to the contrary,grant to him
administration in any of the following cases;that is to say,-
(a.)where a person dying intestate,whether in this Colony or else-
where,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 else-
where,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 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 else-
where,has left property situate in the Colony and no person
has,within twelve months after the death of such person,
obtained administration of his estate;and
(d.)where a person dying intestate,whether in this Colony or else-
where,has left property situate in the Colony and the next of
kin of such property situate in the Colony are infants
under the age of twenty-one years.
(2.)The preceding 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 xonstrued to enable or require
the Official Administrator to obtain administration of the estate of any
person dying in the naval or military service of Her 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 Parlia-
ment for the time being in force,or of any person for the administration
of whose estate special provision is otherwise made in Part V.
22.Any grant made to the Official Administrator under this Ordi-
nance may be limited in respect of time or in any other respect as to be
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 adminis-
tration 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. per annum shall be
chargeable on all moneys received or taken possession of,or realized or
otherwise dealt with,by the Official Administrator under this Ordinance;
and such commission shall be accounted for and paid over by the Official
Administrator to the Colonial Treasurer for the public use of the
Colony.
25.The provisions of the Unclaimed Balances Ordinance,1885,
relating to the payment into the Colonial Treasureer by the Official
Adminminstartor of the unclaimed balance of t eh estate of persons dying
intestate, and to the making of and dealing with claims in repect of
such balances, shall mutatis mutandis apply to moneys recieved or taken
possession of by the Offical Adminstration under the provision of section
14 or of section 19 of this Ordinance: Provided that the period of one
year and five years mentoned in the said first-mentioned provisions
shall in respect of such moneys be computed from theh dates on which
they were repectively recieved or taken possession of.
26.-1Thv eOffical Adminstration shall keep a general register of
all estates under his adminstrator, a cash book, and a ledge or account
current book, and such otyher books as he may find necessary or such
other or addition books as may be prescribed.
(2)He shall enter in books to be kept by him for that purpose
seperate and distinct account of each estate amd of all property made by him
on account of each estate specifying the dates of each receipts
and payment respectively.
(3)Each such books shall be kept in the Regoistry and shall be open
durinh office hours for the inspection of any persom who has occasion to
inspect thesame on payment of th eprescribed fee.
27.(1)/the Office Admunstration shall give to any person who
applies for the same copies of all document and accounts in his posses-
sion relating to any estate under his adminstration or to any property
which he recieve or of which he takes possession under this Ordinance
on payment of the prescribed fees
(2)If any such copy is refues the applicants may pettion the Court
in a summary way for an order on the Offical Adminstration to give
such copy; and the costs of any such pettion and order shall be paid
bby teh Offical Admiinstrator if the Court so direct.
28.The Offical Adminstrator shall, on the expiration of each
half year make out and Furnish to the chief Justice and to the
Colonial Secretary a half yearly return according to teh form in the
Firts Schedule to thus Ordinance of all estate vested in or adminstratered
by him during the hlf year then expired, and he shall fron time to
time pay into the hands of the Colonial Treasurer the balance remaining
in respect of each such estate immediately after the same has been
closed.
29.No action shall be brought against the Offical Adminstration for
anything done by him in respect of the excution or the intended
excution of any power vested in hoim by section 14 or section 19, but
any person whop 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 too the matter which the justice of the case requires.
PartIII
Granting and Revocation of Probates etc
Caveat
30.-(1) A caveat aganist the grant of any probate or adminstration
may be lodged in the Registry of the Court.
(2) Subject to any rules or order makes under this Ordinance the
practise and p[rocedure of the Court in respect of any such caveat shall
as nearly as may be corrspond with the practise and procedure hirherto
in use in respect of such caveats.
Executorship.
31.Where ny person renounce probate of the will of which he is
appointed executor or one of the excutor the rights of such person in
respect of the excutorship shall wholly cease and the representation of
the testator and the adminstration of his estate shall go delove and
be committed like manner as if such person had not been appointed
executor
Adminstration
33Where a perosn dies wholly interest as to his personal estate
or leaving a will affecting personal estate but withiut having appointed
an executor thereof willing and complent to take probate or where
the executor is, st thhe time of the death of such person resident out of
the colony or where it appears to the Court to be necessary or conven-
ient to appoint some person to be the adminstrator of the 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 adminstration of such personal estate it shall be
lawful for the Court in this discretion to appoint such person as the Court thinks fit to be such adminstrator on his giving such security
if any as the Court may direct and every such adminstration may
limited in such manner as the Courtr thinks fit
34-(1)At the expiration of twelve months from the death of any
deceased person if the executor or excecutors to whom probate of the
will has been grangted or the person r persons to whom adminstration
hhas been granted is or are residing out of the jurdiction of the Court
it shall be lawful for thej Court on the application of any creditor next
of kin or legatee grounded on an affidavit made for that pr=urpose to
grant such special admunstration as it may think fit of the estate of
such deceased person
(2)It shall be lawful for th eCourt on application made for that
purpose by any person interested to direct any shares or stock in any
joint stock company to be transfer ed into the name of the Register in
trust for such purposedes as the Court may direct in any action in which the
perosn to whom such special adminstration has been granted is a party
Provided, nevertheless that if any executor or adminstrator 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 deceaed person, such
executor or adminstration shall be entitled to be made a party thereof.
35.The costs incurred by granting any such special adminstration
shall be paid by such person or out of such fund as the Court may
direct, and the costs incurrred by proceeeding in any action aganist any
such adminstration shall be such person or out of such fund as
the Court in which the action is pending may direct.
36.-(1)Where an infant is sole executor of any deceased person,
adminstration with the will annexed shall be granted to the gurardian
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 adminstration is granted shall have
the same powers vested in him as an adminstrator now has by virtue of
an adminstration granted to him durant minore cetate of the next of
kin.
37.After any grant of admiinstaration, no person shall have power to
sue or prosecute any action, or potherwise to act as executor of the deceased
person as to the person estate comprised iin or afflected by such grant
of adminbstration until such adminstration has been recalled or
revoked.
Adminstration pendent lite.
38.-(1) Pending any touching the validity of th ewill of any
deceased person or for obtaining recalling or revoking any probate or
any granted of adminstration the Court may appoint an adminstarator
of the estate of such deceased perosn.
(2)The adminstrator so appointed shall have all rights and
powers of a general adminstrator other than the right of distributing
the residue of such estate.
(3)Every such adminstarator shall be subject to the immediate
control of th Court and act under its direction.
39.All the provision of the last prceding section relating to grants
of adminstration pending action shall be deemed to apply to the case of
an appeal to Her Majesty-in-Council from any decision of the Court.
Adminstration Bond
40.Every person (other than the Offical Adminstrator)to whom
any grant of adminstration is committed shall unless the Court
otherwise directs give a bond, with (if the Court requires)one or more
surety not be necessary for the Captain Superintendent of Police,when
applying for or the Captain Superintendent of a person dying
whilst employed in the Police Force, as hereinafter provided, to give any
such bond as aforesaid.
41.Every such bond shall be in a penalty of double the amount
under which teh estate of the decesed personis 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 resonable.
Revocation of Grant.
42.When any probate or adminstration is revoked all payments
bona fide made to any executor or adminstration under such probate or
adminstration before the revocation thereof shall be a legal discharged
to the person making the same and the executor or adminstrator who
has acted under any such revoked probate or adminstration may retain
and reimburse himself in respect of any payments made by him which
the person to whom probat or adminstration is afterwards granted
might have lawfully made.
43.All persons making or permitting to be made any payment or
transfer bona fide upon any probate or adminstration granted in respect
of the estate of any deceased person shall be indemnified and protected
in so doing , notwithstanding any defect or other thoing whatsover
affecting the validity of such probate or adminstration.
44.Where, before the revocation of any temporary adminstration
any proceedings have been commenced in the Superme Court in its ori-
ginal jurisdiction may order that a suggestion be made upon the
record of the revocation of such admonstration, and of the grant of pro-
bate or adminstration which has been made consquent thereupon and
that the proceeding shall be continued in the name of the new executor
or adminstrator in like manner as if the proceedings had been orignally
commerced by or against such new executor or adminstrator but sub-
ject to such conditions and variation if any as the Court may direct.
Practice.
45.The practice of th eCourt shall except where otherwise provided
by this Ordinance or by the rules or orders from time to time made
thereeunder be so far as the circumstances of the case will admit
according to the practice hitherto prevailing in the same.
46.It shall be lawfully 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
advantages to the suitors be heard in Chambers; and the times at which
such sitting shall be held shall from time to time be fixed by the Judge:
Provided that no matter shall be heard in Chambers which either party
requires to be heard in Court.
47. 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.
48. 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 proceedings in its original jurisdiction.
evidence.
49.-(1) subject to any rules or orders made under this ordinances,
the witnesses ,and where necessary the parties, in all contentions matters
where their attendance can be had shall be examimed orally by or before the judge in court: provided that , subject to any such rules or orders
as aforesaid , the parties shall be at liberty to verify their respective cases,
in whofe or in part , by affiidavit , but so that the deponent 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 orally 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) provided that 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 attendance in court , it shall
be lawful fot the cout to order a commission to issue for his examina-
tion up0on interrogatories or otherwise , or , if the witness is within the
jurisdicition 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.
50. an affidavit sworn out of the colony in the manner mentioned
in any ordinance for the time being in force relation to evidence may be
used in any action or proceeding in the court.
51. 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.
trial of question of fact by jury .
52. on the appliction of any party to any action or proceeding in
cour tor of its orn motion , it shall be lawful for the court to cause any
question of fact arrising in such action or proceeding to be tried by a special
or common jury .
53.-(1) when the court orders a question of fact to be tried by a
jur, the court may make all such rules and orders for procuring the
attendance of a special or common jury for the trial of sucb 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 sucb jury were jury for the trial of any
cause in the said supreme court ; and every juryman so summoned
shall be entitled to the same rights, and subject to the same duties and
habilities , as if he had been duly summoned for the trial of any such
cause in the said supreme court ; and every party to any such pro-
ceeding shall be entitled to the same rights as to challenge and otherwise
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 reapect 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 said Supreme Court for the like
purposes.
54. (1) When the Court orders a question of fact to be tried by
jury, 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 said
Supreme Court sitting in its original jurisdiction.
Calendars of Grants.
55. (1) The Judge shall cause to be made from time to time in the
Refistry of the Court and to be printed calendars of the grants of
probate and administration therein for such periods as the Judge may
think fit.
(2) Every such calendar shall contain a note of every probate, or
administration with the will annexed, or administration granted within
the period therein specified.
(3) Every such note shall set forth the date of the grant, the name
of the testator or intestate, the place and time of death, the names and
descriptions of the executors or administrators, and the value of the
effects as set forth in any commission of appraisement or otherwise.
56. The Registrar shall cause a copy of every such calendar to be
transmitted to the Governor, to the Principal Registry of the Probate
Division of the High Court of Justice in England, to the Sheriff Court
of the County of Edinburgh in Scotland, to the Principal Registry of
the Probate Division of the High Court of Justice in Ireland, and to such
other offices, if any, as the Judge may from time to time direct.
PART IV
RULES FOR ADMINISTRATION OF PROPERTY
In the administration of the estate of every deceased person, no
debt or liability of such person shall be entitled to any priority or pre-
ference by reason merely that the same is secured by or arises under a
bond, deed, or other instrument under 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 equial degree,
and be paid accordingly out of the assets of such deceased person,
whether such assets are legal or equitable: Provided that this Ordi-
nance shall not prejudice or affect any lien, charge, or other security
which any creditor may hold or be entitled to for the payment of his
debt.
58.-(1) Any executor or admistrator may apply by summary
petition to the Court for an order limiting the time for 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
thereon as it thinks fit.
(2) Where an executor or administrator has given the notices specified
in any such order, he shall, at the expiration of the time limited thereby
for sending in such claims, be at liberty to distribute the assets of the
testator or intestate, 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 dis-
tribution 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 received the same respectively.
59. It shall be lawful for the Court to allow to any executor or
administrator, including an admistrator appointed pendente lite as afore-
said, such remuneration out of the estate of the deceased person as may
be just and reasonable for his pains and trouble therein: Provided that
no allowance whatever shall be made to any executor or administrator
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.
60. 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 discretion, 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 thereafter to act upon such
written statement in such manner as it thinks fit.
PART V
SPECIAL AND EXCEPTED CASES.
Estates of Small Value.
61. (1) Where the whole estate of any person dying intestate in
the Colony does not exceed in value the sum of 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, and the Registrar 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 administration of the estate of
the intestate and deliver them to the applicant, without payment of any
fee, except as is provided by this section.
(2) The Registrar has reason to believe that the whole estate of
which the intestate died possessed exveeds in value the sum of five
hundred dollars, he shall refuse to proceed with the application until he
is satisfied that such value is below that amount.
(4) An applicant under this section shall not be required by any
table of fees framed under this Ordinance to apy a greater amount of
fees than the amout applicable to the case which is mentioned in the
Second Schedule to this Ordinance.
(5) Nothing in this section shall be construed to affect any duty for
the time being payable by law on administrations.
Small Sums payable by Public Departments to Deceased Persons.
62. (1) On the death of any person to whom any sum of money
not exceeding five hundred dollars is payable by a public department
within the Colony in respect of vivil pay or allowances or annuities
granted either under the authority of Her Majesty's Government or of the Government of the Colony, it shall be lawful for the Colonial
Treasurer, on being satisfied of the expediency of dispensing with
probate or admisistration, to aurhotize the payment of such sum to such
person or persons as the Colonial Treasurer may consider entitled thereto,
without requiring the production of probate or administration.
(2) Payment of all such sumes of money shall be made under such
regulations, if any, as the Colonial Treasurer may, with the approval of
the Governor, from time to time to time make for that purpose.
63. Any payment made under the provisions of the last preceding
section 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 them under the said
provisions.
Estates of Deceased members of Police Force.
64. (1) Any person employed in the Police Force under the rank
of Inspector and dying whilst so employed shall not be deemed to
be within the meaning of the preceding provisions of this Ordi-
nance; but the Captain Superintendent of Police is hereby consituted
the official administrator of his estate, and is required to get in and
administer the same, with the sanction of the Colonial Secretary,
and, within one month after the death of any such person, to certify the
same and the amount in value of the estate of such person, by certificate
under his hand, to the Registrar for registry in the Court; and he shall
also pay over to the Colonial Treasurer the balance of every such estate,
after payment of all lawful claims against the same.
(2) It shall be lawful for the Colonial Secretary, on the application
of the Colonial Treasurer for the payment of the whole or any part
of such balance to such person or persons as may appear to eb entitled
thereto, and the Colonial Treasurer shall comply with such order.
Estates of Persons dying on Voyages to the Colony.
65. (1) The following special provisions shall regulate the adminis-
tration of the estates of passengers who die at sea in the course of a
voyage to the Colony on board of any vessel which afterwardas arrives
in the Colony; that is to say,-
(a) where any passenger has died on boarf of 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 Harbour
Master all the goods and effects of such passenger then on
board of such vessel; (b) thereupon the Harbour Master shall take possession of such
goods and effects, and,-
(i) if he thinks that their value is more than one hundred
dollars, he shall forthwith hand them over to the Official
Administrator, to whom he shall also furnish in writing all
such information as he may have been able to obtain about
the deceased passenger and as he amy consider likely to be
useful for the due administration of the estate; and,
(ii) if he thinks that their value is not more than on
hundred dollars, he shall, in such manner as he may con-
sider just an d convenient, distribute them amongst the
persons who may appear to him, in his discretion, to be en-
titled thereto, or, if he can find no such persons within en-
titled 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 proceeds of the
ale into the Colorial 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 Colonial Treasury under
this section, any person entitled to the said proceeds, or to any
portion thereof, may apply to the Harbour Master for the same,
and, at the expiration of the said twelve months, the Harbour
Master may make application in that behalf to the Colonia
Treasurere, and the Colnial Treasurer shall pay to the Harbour
Master the said proceeds or a portion thereof, and the Harbour
Master 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 proceeds of any
estate into the Colonial Treasury under this section, the Harbour
Master shall deduct the amount of any expenses or costs which
he may have invurred in advertising or otherwise in the ad-
ministration of the same; and
(e) if no person entitled applies to the Harbour Master under
paragraph (c) of this sub-section within the twelve months
mentioned in that paragraph, the proceeds of the estate shall be
paid over to the general revenue of the Colony; but it shall be
lawful for the Governor, within a period of six years thereafter
to direct a refund of teh same, or any protion thereof, to any
person who establishes, to his satisfaction, a legal, equitable, or
moral claim thereto.
(2) For the purposes of this section, the expression 'voyage of a
passenger to the Colony' means the voyage of a passenger which would is the ordinary course terminate at the colony as the port of destination
of the passenger.
(3) If any master of a vessel refuses or neglects to comply with the
equirements of this section, he shall, on summary conviction thereof,
be liable to a penalty not exceeding one hundred dollars.
PART VI
BRITISH AND COLONIAL PROBATES.
BArithish Probates.
66. In the provisions of this Part relating to British probates, unless
the context otherwise requirs,-
'Court of Probate' means any court or authority, by whatever name
designated, having jurisdictio0n in matters of probate, and in Scot-
land means the Sheriff Court of the County of Edinburgh:
'Probate' and 'administration' include confirmation in Scotland.
67.-(1) Where a Court of Probate in the United Kingdom has
granted probate or administration in respect of the estate of a deceased
person, the probate or administration so granted may, on being pro-
duced 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 the Court.
(2) Provided that the Court shall, before sealing a probate or ad-
ministration under this section, be satisfied-
(a) that probate duty has been paid in respect of so much, if any,
of the estate as is liable to probate duty in the Colony; and,
(b) in the case of administration, that security has been given in a
sum sufficient in amount to cover the property, if any, in the
Colony to which the administration relates;
and the Court may require such evidence, if any, as it thinks fit as to
the domicile of the deceased person.
(3) The Court may also, if it thinks fit, on the application 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.
(4) For the purposes of this section, a duplicate of any probate or
administration sealed with the seal of the Court of Probate granting the
same, or a copy thereof certified as correct by or under the authority of
such Court, shall have the same effect as the original.
(5) All Ordinacnes, enactments, and reules of Court for the time being
force in the Colony in relation to probate duty, or in relation to fess and costs in the court ,shall apply to applications for sealing under this
section to the same extent and in the same manner as if the person who
applies for such sealing were a person applying to the court for probate
or administration.
68. the preceding provisions of this part shall apply to probates and
administrations granted in the united kingdom either before or after
the commencement of this ordinance.
colonisl probates.
69. in the provisions of this part relating to colonial probates , unless
the context otehrwise requires ,-
' court of probate' means any court or authority , by whatever
name designated, having jurisdiction in matters of probates :
' probate ' and ' administration' include any instrument having ,
in a british possession,the same effect as , under the law fo this
colony , is given to probate and administration respectively:
' probate duty ' includes any stamp or other duty payable on
the value of the estate for which probate or administration is
granted:
'british court in a foreign country' means any british court
having jurisdiction out of her majesty's dominios in pursuance
of an order of her majestly-in-council,whether made under any
act of parliament or otherwise:
'british possession' includes any part of a british possession
having a separate legislature .
70-(1) the governor-in-council may , on being satisfied that the
legislature of any british possession has made adequate provision for
the recognition in that possession of probates and administrations
granted by the court , direct by order that the provisions of this part
relating to colonisal probates shall, subject to any exceptions and
modifications specified in the order, apply to that possession , and there-
upon , while the order is in force , those provisions shall apply accord-
ingly.
(2) the governor-in-council may , by order, revoke or alter any
order previously made under this ordinance or under any ordinances
hereby repealed .
(3)every such order-in-council shall be published in the gasette.
71.-(1) where a court of probate in a british prossession to
which the provisions of this part relating to colonisl provates apply has
granted probate or administration in respect of the estate of a deceased
person , the probate or administration so granted may , on being pro- duced 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
the court .
(2) provided that the court shall , before sealing a probate or ad-
ministration under this section, be satisfied-
(a) that probate duty has been paid in respect of so much , if any ,
of the estate as is liable to probate duty in the colony ; and,
(b) in the case ofadministration , that security has been given in
a sum sufficient in amount to cover the property, if any, in the
colony to which the administration relates;
and the court may also,if it thinks fit, on the application of any
creditor,require,before sealing , theat adequate security be given for the
payment fo debts due from the estate to creditors residing in the
colony.
(4) for the purposes of this section,a duplicate of any probate or
administration sealed with the seal of the court fo probate granting
the same,or a copy thereof certified as correct by or under the authority
of such court , shall have hte same effect as the original.
(5) all ordinances , enactments , and rules of court for the time
being in force in the colony in relaiton to probat3e duty , or in relation
to fees nad costs in the court , shall apply to applications for sealing
under this section the same extent and in the same manner as if the
person who applies for such sealing were a persojn applying to the court
for probate or administration.
72.the provisions of this part relating to colonial probates shall
apply to probates and administrations granted in a british possession
to which this ordinance is applied , either before or after the com-
mancement of this ordinance .
73. thge provisions of this part relating to colonial probates shall
extend to authorixe the sealing by the court of any probate or ad-
mistrateion granted by a british court in a foreign country in like
manner as they authorize the sealing of a probate or administration
granted in a british possession to which the said provisions apply,
and the said provisions shall apply accordingly, with the neccessary
modifications. part VII.
MISCELLANEOUS PROVISIONS .
74. -(1) the chief justice may from time to time make general
rules and orders for the following purposes, and may from time to
time vary or recind the same; that is to say ,-
(a) for regulating the practice and procedure of the court ,and
the several forms of petitions,orders , and other proceedings to
be used in the court ;
(b)for regulating the duties of the various officers of the court;
(c)for regulating the fees to be taken by the officers of the
court and to be allowed to counsel,proctors, and solictiors
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.) for regulating the filing , custody , and inspection so records,
and
(e)generally for the better carrying out of the provisions of this
ordinance.
(2) no such rule or order shall be of any force of effect until it has
been approved by the legislative council and published in the gasette .
75. 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 now in force or which may hereafter be in force in
relation to matters of probate and administration in the probate division
of the high court of justice in england or any part thereof , and hte
forms fo proceedings in use therein or any of them, subject to their
applicability and with such modifications as the circumstances may
require, shall take effect accordingly.
76. 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 of on the payment of such fees as may be fixed for
the same by the rules and orders made under this ordinance.
temporary provisions .
77. all administrations heretofore granted any offical adminis-
trator shalll be deemed to have been made to the official administrator
for the time being and to his successors in office: provided that no act heretofore done by any person under any grant of administration made
to him as official administrator shall be deemed to be affected or
rendered invalid on account of the passing of this ordinance.
76. all non-contentious business pending in the court at the com-
mencement of this ordinance shall be deemed to have been commenced
under this ordinance;and all acts executed under the authority of the
court with reference to such business which would have been valid if the
enactments hereby repealed were still in operation shall be valid; and
all oaths sworn and bonds executed in manner required by the court in
reference to such business prior to the commencement of this ordinance
shalll continue to have and be deemed to have had the same force and
affect in law as they would have had if sworn and executed in pursuance
of the provisions of this ordinance.
79. all commissions heretofore collected by the officiall administrator
an any moneys received or taken possession of , or realized or otherwise
dealt with, by the official administrator and paid over to the colonial
treasurer for the public use of the colony are hereby declared to have
been lawfully collected and paid over.
80. the provisions fo section 25 shall apply, with such modifications
as the judge may direct , in the case of any sum of money of the kind
mentioned in the said section which is , at the commencement of this
ordinance, in the hands of the official administrator.
81.the ordinance mentioned in the third schedule to this ordinance
are hereby repealed: provided that such repeal shall not affect-
(1) any order-in-council or rules or orders made , or any tables of
fees , costs , and charges fixed , under any of the said ordinances ,but
any such order-in-council , rules or orders , and tables shall have
in force until revoked , altered , varied , rescinded , or abrogated under
this ordinances, and any order-in-council, rules or orders , or tables
referring to or made under any of the said ordinances shall have
effect in the same manner as if it or they referred to the correspond-
ing enactments contained in this ordinance; or
(2) any probate or administration granted , or other act or thing
done , under any of the said ordinances. SCHEDULES.
THE FIRST SCHEDULE.
FROM OF RETURN OF ESTATES OF INTESTATES.
Return of Estates of Intestates for the Half-Year ending
Name of intestate
Amount received on account of Estate.
Deductions for Disbursements.
Balance on closeing Account.
Disposal of Balance.
(signed.)
Dated the day of
THE SECOND SCHEDULE.
FEES PAYBABLE IN RESPECT OF SMALL ESTATES.
Where the whole estate of the intestate does not exceed in value $100, the
sum of $1; and where the whole estate exceeds in value $100, the sum of $1,
and the further sum of 20 cents, for every $50 or fraction of $50 by which
the value exceeds $100.
A.D. 1897. Ordinance No. 3 of 1897, with Ordinance No. 19 of 1901 incorporated.
Short title.
Interpretation of terms.
20 & 21 Vict.c. 77 s.2. General jurisdiction of the Court in matters of probate and administration. 20 & 21 Vict.c. 77 s.4. Ib.s.23. Power of altering probate, etc., already granted. Prohibition of officer of the Court practising as advocate, etc. Sealing of documents. Ib.s.22. Powers as to requiring attendance of and examinating parties and witnesses. Ib.s.24. General powers of enforcing process. 20 & 21 Vict.c. 77 s. 25. Power of ordering production of testamentary writings. Ib.s.26. Administration of oaths, etc. Ib.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 of probate or administration. Punishment of person unlawfully removing out of the Colony property of deceased person. Lien on property of deceased person for expenses incurred under s.14. Obligation on person having or finding will to produce it. Vesting of estate of deceased person in Official Administrator. Power to administer estate of intestate, not exceeding $50, in summary manner. 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 chargeable on moneys received. Application of provisions of the Unclaimed Balances Ordinance, 1885, to moneys received under s. 14 or s. 19. No. 1 of 1885. Keeping of books of account. Copies of documents and accounts. Making of half-yearly returns. First Schedule. Mode of obtaining redress against action of Official Administrator under s. 14 or s. 19. Practice as to caveat against grant. 20 & 21 Vict.c. 77 s. 53. Effect executor renouncing probate. Ib.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. 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. 3c. 87, s. 6. Ib.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. Ib.s.81. Amount of bond. Ib.s.82. Validation of payments made under probate or administration subsequently revoked. Ib.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. Ib.s.76. Practice in matters not provided for. Ib.s.29. Sittings in Chambers. 21 & 22 Vict. c. 95 s. 3. Power 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. Use of affidavit sworn out of Colony. See Ordinance No. 2 of 1889. Rules of evidence. 20 & 21 Vict.c. 77 s. 33. Power to order question of fact tobe tried by special or common jury. Ib.s. 35. Procedure and powers on trial of question by jury. Ib.s.36. See Ordinance No. 7 of 1887. Form of question to be tried, etc. 20 & 21 Vict.c. 77 s. 37. Making and particulars of calendars of grants. Ib.s.67. Distribution of calendars. Ib.s.68. 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 creditors to send in claims against estate. 22 & 23 Vict.c. 35 s.29. Allowance of remuneration to executor or administrator. Proof of Chinese law as to administration of property of deceased person. Summary procedure for administration of estate of person dying intestate under $500 in value. Second Schedule. Power of Colonial Treasurer where sum not exceeding $500 is payable by public department to deceased person. Validity of payment made under s.62. Administration of estate of deceased subordinate member of Police Force. Administration of estate of passenger dying on voyage on the Colony. See 55 & 56 Vict.c. 6. Interpretation of terms relatings to British probates. Sealing of probate or administration granted in the United Kingdom, and effect thereof. Application of provisions relating to British probates. Interpretation of terms relating to colonial probates. Power to apply provisions relating to colonial probates to British Possession. Sealing of probate or administration granted in British Possession, and effect thereof. Application of provisions relating to colonial probates. Extension of provisions relating to colonial probates to probates, etc., granted by British Court in foreign country. Making of general rules and orders relating to practice, duties of officers, fees, and records. 20 & 21 Vict.c. 77 s.30. Application of rules and orders of Probate Division of High Court in England until rules and orders made. Copy of will, etc. Ib.s.69. Continuance to successors in office of grants of administration made to Official Administrator. Conduct of pending non-contentious business. Validation of past commissions charged. Application of provisions of s.25 to moneys now in hands of Official Administrator. Repeal of enactments. Third Schedule not printed. Section 28. Section 61.
Abstract
A.D. 1897. Ordinance No. 3 of 1897, with Ordinance No. 19 of 1901 incorporated.
Short title.
Interpretation of terms.
20 & 21 Vict.c. 77 s.2. General jurisdiction of the Court in matters of probate and administration. 20 & 21 Vict.c. 77 s.4. Ib.s.23. Power of altering probate, etc., already granted. Prohibition of officer of the Court practising as advocate, etc. Sealing of documents. Ib.s.22. Powers as to requiring attendance of and examinating parties and witnesses. Ib.s.24. General powers of enforcing process. 20 & 21 Vict.c. 77 s. 25. Power of ordering production of testamentary writings. Ib.s.26. Administration of oaths, etc. Ib.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 of probate or administration. Punishment of person unlawfully removing out of the Colony property of deceased person. Lien on property of deceased person for expenses incurred under s.14. Obligation on person having or finding will to produce it. Vesting of estate of deceased person in Official Administrator. Power to administer estate of intestate, not exceeding $50, in summary manner. 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 chargeable on moneys received. Application of provisions of the Unclaimed Balances Ordinance, 1885, to moneys received under s. 14 or s. 19. No. 1 of 1885. Keeping of books of account. Copies of documents and accounts. Making of half-yearly returns. First Schedule. Mode of obtaining redress against action of Official Administrator under s. 14 or s. 19. Practice as to caveat against grant. 20 & 21 Vict.c. 77 s. 53. Effect executor renouncing probate. Ib.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. 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. 3c. 87, s. 6. Ib.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. Ib.s.81. Amount of bond. Ib.s.82. Validation of payments made under probate or administration subsequently revoked. Ib.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. Ib.s.76. Practice in matters not provided for. Ib.s.29. Sittings in Chambers. 21 & 22 Vict. c. 95 s. 3. Power 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. Use of affidavit sworn out of Colony. See Ordinance No. 2 of 1889. Rules of evidence. 20 & 21 Vict.c. 77 s. 33. Power to order question of fact tobe tried by special or common jury. Ib.s. 35. Procedure and powers on trial of question by jury. Ib.s.36. See Ordinance No. 7 of 1887. Form of question to be tried, etc. 20 & 21 Vict.c. 77 s. 37. Making and particulars of calendars of grants. Ib.s.67. Distribution of calendars. Ib.s.68. 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 creditors to send in claims against estate. 22 & 23 Vict.c. 35 s.29. Allowance of remuneration to executor or administrator. Proof of Chinese law as to administration of property of deceased person. Summary procedure for administration of estate of person dying intestate under $500 in value. Second Schedule. Power of Colonial Treasurer where sum not exceeding $500 is payable by public department to deceased person. Validity of payment made under s.62. Administration of estate of deceased subordinate member of Police Force. Administration of estate of passenger dying on voyage on the Colony. See 55 & 56 Vict.c. 6. Interpretation of terms relatings to British probates. Sealing of probate or administration granted in the United Kingdom, and effect thereof. Application of provisions relating to British probates. Interpretation of terms relating to colonial probates. Power to apply provisions relating to colonial probates to British Possession. Sealing of probate or administration granted in British Possession, and effect thereof. Application of provisions relating to colonial probates. Extension of provisions relating to colonial probates to probates, etc., granted by British Court in foreign country. Making of general rules and orders relating to practice, duties of officers, fees, and records. 20 & 21 Vict.c. 77 s.30. Application of rules and orders of Probate Division of High Court in England until rules and orders made. Copy of will, etc. Ib.s.69. Continuance to successors in office of grants of administration made to Official Administrator. Conduct of pending non-contentious business. Validation of past commissions charged. Application of provisions of s.25 to moneys now in hands of Official Administrator. Repeal of enactments. Third Schedule not printed. Section 28. Section 61.
Short title.
Interpretation of terms.
20 & 21 Vict.c. 77 s.2. General jurisdiction of the Court in matters of probate and administration. 20 & 21 Vict.c. 77 s.4. Ib.s.23. Power of altering probate, etc., already granted. Prohibition of officer of the Court practising as advocate, etc. Sealing of documents. Ib.s.22. Powers as to requiring attendance of and examinating parties and witnesses. Ib.s.24. General powers of enforcing process. 20 & 21 Vict.c. 77 s. 25. Power of ordering production of testamentary writings. Ib.s.26. Administration of oaths, etc. Ib.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 of probate or administration. Punishment of person unlawfully removing out of the Colony property of deceased person. Lien on property of deceased person for expenses incurred under s.14. Obligation on person having or finding will to produce it. Vesting of estate of deceased person in Official Administrator. Power to administer estate of intestate, not exceeding $50, in summary manner. 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 chargeable on moneys received. Application of provisions of the Unclaimed Balances Ordinance, 1885, to moneys received under s. 14 or s. 19. No. 1 of 1885. Keeping of books of account. Copies of documents and accounts. Making of half-yearly returns. First Schedule. Mode of obtaining redress against action of Official Administrator under s. 14 or s. 19. Practice as to caveat against grant. 20 & 21 Vict.c. 77 s. 53. Effect executor renouncing probate. Ib.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. 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. 3c. 87, s. 6. Ib.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. Ib.s.81. Amount of bond. Ib.s.82. Validation of payments made under probate or administration subsequently revoked. Ib.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. Ib.s.76. Practice in matters not provided for. Ib.s.29. Sittings in Chambers. 21 & 22 Vict. c. 95 s. 3. Power 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. Use of affidavit sworn out of Colony. See Ordinance No. 2 of 1889. Rules of evidence. 20 & 21 Vict.c. 77 s. 33. Power to order question of fact tobe tried by special or common jury. Ib.s. 35. Procedure and powers on trial of question by jury. Ib.s.36. See Ordinance No. 7 of 1887. Form of question to be tried, etc. 20 & 21 Vict.c. 77 s. 37. Making and particulars of calendars of grants. Ib.s.67. Distribution of calendars. Ib.s.68. 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 creditors to send in claims against estate. 22 & 23 Vict.c. 35 s.29. Allowance of remuneration to executor or administrator. Proof of Chinese law as to administration of property of deceased person. Summary procedure for administration of estate of person dying intestate under $500 in value. Second Schedule. Power of Colonial Treasurer where sum not exceeding $500 is payable by public department to deceased person. Validity of payment made under s.62. Administration of estate of deceased subordinate member of Police Force. Administration of estate of passenger dying on voyage on the Colony. See 55 & 56 Vict.c. 6. Interpretation of terms relatings to British probates. Sealing of probate or administration granted in the United Kingdom, and effect thereof. Application of provisions relating to British probates. Interpretation of terms relating to colonial probates. Power to apply provisions relating to colonial probates to British Possession. Sealing of probate or administration granted in British Possession, and effect thereof. Application of provisions relating to colonial probates. Extension of provisions relating to colonial probates to probates, etc., granted by British Court in foreign country. Making of general rules and orders relating to practice, duties of officers, fees, and records. 20 & 21 Vict.c. 77 s.30. Application of rules and orders of Probate Division of High Court in England until rules and orders made. Copy of will, etc. Ib.s.69. Continuance to successors in office of grants of administration made to Official Administrator. Conduct of pending non-contentious business. Validation of past commissions charged. Application of provisions of s.25 to moneys now in hands of Official Administrator. Repeal of enactments. Third Schedule not printed. Section 28. Section 61.
Identifier
https://oelawhk.lib.hku.hk/items/show/697
Edition
1901
Volume
v2
Subsequent Cap No.
10
Cap / Ordinance No.
No. 2 of 1897
Number of Pages
23
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PROBATES ORDINANCE, 1897,” Historical Laws of Hong Kong Online, accessed November 20, 2024, https://oelawhk.lib.hku.hk/items/show/697.
