PROBATES ORDINANCE, 1897

PROBATES ORDINANCE, 1897

No. 2 of 1897.

To consolidate and amend the laws relating to Probates and
Letters of administration [15th May, 1897]
1. The Probates Ordinance, 1897,

2. In this Ordinance,-
'The Court' means the Supreme Court exercising jurisdiction
under this Ordinance

'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 pur
poses :
'Estate' or 'property' of a deccased person means the
personal estate and effects of whatever kind of such person, and
includes property passing on the death 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 :

'Next of kin ' includes persons entitled in their own right to
property passing on the death of any person.

PART II
JURISDICTION AND POWERS OF THE COURT.

3-(1) the voluntary and contenious jurisdiction and authority
relation to the granting and revocation of probate of wills and of

* As amended by No. 8 of 1912.
+ AS amonded b v No. '50 of 1,91.1 .
As by NO. of 1911, NO. G0 of 1911, \0. 1 of IM2,
No. 2 o~ 191.2 arA No. 43, of 1912 Supp. Sched.
AS amended by No. 51 of 1911 and No. 1 of 1912.





letters of administration of the estates of deceased persons, together
with full authority to hear and determine all questions relating to
matters and causesshall as heretofore belong to and
be vested in and be exercised in the name of His Majesty by the
Suprerne Court.

(2) The Supreme Court shall as heretefore, 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 or-
ders 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 respedively now have or hitherto
have, had iii relatiort. to iiitttei.s and causes testamentary and estates
of deceased persons within the jurisdiction of the Supreme Court ;
and all duties which are or have been imposed on or should
be performed by the Supreme Court in respect of probates,
administrations, and matters and causes testamentary shall be
performed by the Supreme Court under the probate jurisdiction
hereby continued: Provided that no suits for legacies, or suits for
the distribution of residues, shall be entertained by the Supreme
Court in its probate jurisdiction.

4. The judge shall have and may exercise full power of altering
and amending any grain 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 stich office, directly or indirectly practise as a barrister or
solicitor, or receive or participate in the fees of any other person so
practising.

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

7-(1) The Court may require the attendance of any party in
person, or of any person whom it may think fit to examine or cause
to be examined, in any action or other proceeding in respect of
matters or causes testamentary, and may examine or cause to be
examined upon oath parties and witnesses by word of mouth, and

* As by No. -El U[ 11J1,21 Supp. belied.





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 ad testificandum or of
subpoena duces tecum is now issued by the Suprerne Court in its
Original Jurisdiction.

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

9.-(1) The Court may, on motion or petition or otherwise, in
a smmary way, whether any action or other proceeding is or is
not pending in the Court with respect to any probate or adminis-
tration, 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 wbich 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 examinod in open Court or upon
interrogatories respecting the same, and such person shall be bound
to answer such questions or interrogvtories, and, if so ordered, to
produce and bring in such paper or writing, and shall be, to
the like process of contempt 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 a party to an action in the Court and had made such
default.





10.-(1) The Registnir of the Supreme Court, and any other
person whom the Chief Justice may under the seal of the Supreme
court, appoint for that purpose shall respectively have full power
to administer oaths and to perform such other duties In reference
to matters and causes testamentary as may be assigned to them by
any ruiles and orders made under this Ordinance.
(21) Every commissioner for taking oaths in the Supreine Court
in its Original Jurisdiction shall be a commissioner for taking oaths
in the Court.

PART II.

11.-(1) The Registrar of the Supreme Court shall be ex Officio
Official Administrator undex this ordinance.
(2) Tn all cases the Official Administrator shall 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 appoint-
ment at the time of the grant, is or is not mentioned therein, shall
be deenied to have been made, and to be made, as the ease may be,
to him and his successors in office.

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

14.-(1) It shall be lawful for the official administrator.
whenever he thinks it expedient to do so and upon, such evidence
of death as he deems sufficient, to receive or take possession of the
private papers, moneys, goods, chattels, and othere movable property
whatsoever of any deceased person which may bd found within
the Colony, and to provide, for the safe custody thereof, until
probate of the will of such deceased person or adiministration 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 appraisernent of all or any of such pro-
perty.

As atnended hy ~,o. 1 of 1912.
As ainended b~ No. 1 (A I1J12 and So. 2 of 1912.





(2) In case of the death of any citizen of the United States of
in the Colony, without having in the Colony any known
heirs or testamentary executors appointed by him, the Official Ad-
ministrator shall at once Inform the nearest Consular officer of the
said United States of the fact, in order that the necessary information
may be immediately forwarded to persons, interested. The said con-
sular officer shall have the, right to appear, either pensonally 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,-
(1) removes or attempts to remove out of the Colony any such
property as is mentioned in the last section ; or
(2) destroys, conceals, or refuses to yeild up any such property
on deniand to the, Official
shall, on summary conviction, be liable to a fine not 5300,
dollars, and to imprisonment, without. hard labour, for any term
not exceeding 6 months.

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

17.-(1) When any person dies leaving a will within the Colony,
the person in whose keeping such will has been deposited, or who
finds sucli will after the testator's death, shall produce, and, if
Yequired, shall deliver, the same to the Official Administrator
within 14 days after the death of the testator, or from the time
when he has 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
requirenients of this section shall, on summary convichion, be liable
to a fine not exceeding 500 dollars.
18. From and after the decease of any person dying intestate and
until administration is granted in respect of his estate, the estate of
such decesed person shall be vested in the official administrator.
A~ 1,% No. 20 of Wl 1 ' N'. 50 )f IsM 1 '111(1 No. 1 or 1912.
As umended by No~ 30 of 1911 and 1 of 1912.





19. When the whole of any person dying intestate in the
Colony does not, in the opirijon of the Official Administrator, exceed
in value the sum of 50 dollars, it shall be lawful for the Official
Administrator, if he thinks fit, without any legal formality, to
receive or take possession of sucli estate and to aminister the same
in a summary manner for the benefit of all persons interested
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
(a) where a person dying intestate, whether in this Colony or
elsewhere, has left property situate in the Colony and no next of
kin of such person are resident in the Colony
(b) where a person dying intestate, whether in this Colony or
elsewhere, has left property situate in the Colony and the next of
kin of such person are resident in the Colony file in the
Registry a reqiiest for or consent to the making of such grant, in
writing signed by them
(c) where a person dying intestate, whether in this Colony or
elsewhere, has left property situate in the Colony and no person
has, within 12 monthns after the death of such person, obtained
adininistration of his estate ; and
(d) where a person dying intestate, wheffier in this Colony or
elsewhere, has left property situate in the Colony and the next of
kin of such person who are resident In the Colony are infants under
the age of 21 years.
(2) The provisions of this section shall apply, with the neceesary
modifications, in the ease of a person who dies testate, whether in
this Colony or elsewhere, but without appointing an executor, of
whose executor, if appointed, refuses, neglects, or is unable to act.

21. Nothing in this Ordinance sliall be construed to enable
or require the Official Administrator to obtain administration of the
estate of any person dying in the naval or military service of His
Majesty and subject to the, Artieles of War, or of any deceased
seaman or apprentice for the, administration of whose estate pro-
vision is made by any Act of Parliament, or of any person for the
administnation of whose estate special provision is otherwise made
in Part V.
1) v No. 50 or 1911 and No. 1 of 1912.
As amended by -No. 51 of 1911 aud No. 1 of 1912.





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

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

24. A conimission at the rate of 5 per cent. shall be chargeable
on all moneys received or taken possessloll of, or realized or
otherwise dealt with, by the Official Administrator under this Or-
dinance.

25. The provisions of tbe Unclaimed Balanecs Ordinance, 1885,
in relation to unclaimed balances of the estates of persons dying
intestate, shall mutatis mutandis apply to moneys received or taken
possession of by the Official Administrator under section 14 or sec-
tion 19 of this Ordinance : Provided that the periods mentioned in
the said provisions shall in respect of such moneys be, computed from
the dates on Which they were respectively received or taken posses-
sion of.

26-(1) The Official Administror shall keep a general register of
all estates under his administration, a cash book, and a ledger or
account current book, and such other books as he may find neces-
sary or may be prescribed.
(2) He shall enter in books, to be kept by hini for that purpose,
separa, to and distinct accounts of each estate and. of all property
of every description which may come to his hands, and also of all
payments made by him on account of each estate, specifying the
dates of such receipts and payments respectively.
(3) Each book shall be kept in the Registry, and shall be open
Ouring office hours for the inspection of any person who has occasion
to inspect the same, on payment of the prescribed fee.

27.-(1) The Official Administrator shall give to any person who
applies for the same copies of all documents and accounts in his
possession relating to any estate under his administration or to any

j\,; nmended by -No. 1 of 1912 and No. 43 of H12.
As anieilded by No. 1 of 1912, No. 2 of 1912 and No. 43 of 1912
Supp. Selled.
As arnended by No. 1 of 191,2,





property which he receives or of which lie takes possession under this
Ordinance, on payment of the prescribed fees.
(2) If any such copy is refused, the applicant may petition the Court in a
summary way for an order on the Official Administrator to give such copy;
and the costs of any such petition and order shall be paid by the Official
Administrator, if the Court so directs.

28. The Official Administrator shall, on the expiration of each half-Year,
make out and furnish to the Chief Justice and to the Colonial Secretary a
return, according to the form in the 1st schedulule, of all estates vested or
administexed him (during the half-year then expired, and he shall pay into the
hands of the Treasurer the balance remaining in respect of each such estate
imniediately after the same has been closed.

29. No action shall be brought against the Official Administrator
for anything done by him in respect of the execution or the
intended execution of any power vested in him by section 14
or section 19, but any person who feels aggrieved thereby may
apply for redress to the Court, by suninjary petition verffied upon
oath, and the Court in may thereupon take such evidence as it thinks
fit, and may make any order in relation to the rnatter which the
justice of the case requires.

PART III.

GRANTING AND REVOCATION OF PROBATES, ETC.

Caveat.
30.-(1) A caveat against the grant of any probate or administration may
be lodged in the Registry of the Court.
(2) Subject to any nales or orders made, under this Ordinance, the practice
and procedure of the Court in respect of any such cveat shall, as nearly as
inay be, correspond with the practice and procedure hitherto in use in
respect, of such caveats.

E x c u t o r s h i p.
31. Where any person renounces probate of the will of which he is
appointed executor or one of the executors, the right of such person in
respect of the executorship shall wholly cease,

amended by No. 50M 1011 and X10. 1 of 1912.





and the representation of the testator and administrallion of
his estate shall and may, without any further renunciation, go,
devolve, and be coinmitted in like manner as if such person had not
been appointed executor.

32. Whenever an exector appointed in a will survives the
testator but dies without, having taken probate, or, havirig been
cited to take probate, does not appear to such citation, the right of
such in respect of the executorship shall whooly cease, and
the representation of the testator and the administration of his estate
shall go, devolve, and be committed in like manner as if such person
had not been appointed executor.
Administration.
33. Where a person dies wholly intestate as to his personal
estate or leaving a will affecting personal estate but without, having
appointed an exector thereof willing and compotent to take
probate, or where the executor is, at the time of the death of such
person, resident out of the Colony, or where it appears to the Court
to be necessary or convenient to appoint some person to be the
administrator of the estate of the deceased person or of any part
of such estate, other than the person who, if this, Ordinance had
not been passed, would by law have been entitled to a grant of
administration of such personal estate, it shall be lawful for
the Court, irt its discretion, to appoint such person as the Court
thinks fit to be such administrator, on his giving suuh security, if
any, as the Court may direct, and every such administration may
be limited in such manner as the court thinks fit.

34.--(1) At the expiration of 12 months from the death of any
deceased person, if the executor or executors to whom probate of
the will has been granted, or the person or persons to whom
administration has been granted, is or are out of the
jurisdiction of the Court, it shall be lawful for the Court, on the
application of any creditor, next of kin, or legatee, grounded on an
affidavit made for that purpose, to grant such special administration
as it may think fit of the estate of such deceased person.
(2) It shall be lawful for the, Court, oil applicailon made for that
purpose by any person interested, to direct any or stock in
any joint stock company to be transferred into the name of the
Registrar, in trust for such purposes as the Court may direct, in any
action in which the person to whom such special administration





has been granted is a party: Provided, nevertheless, that if any
executor or administrator of such deceased person, being capable of
acting as such, returns to, and resides within the Jurisdiction of the
Court, the Courtif it thinks fit, revoke such special
grant: Provided, also, that if any action is pending in any Court
in relation to estate of deceased person, Such executor or
administrator shall be entlided to be made a party thereto.

35. The costs incurred by granting any such special adminis-
tration shall he paid by such person or out of such fund as the Court
may direct, and the costs incurred by proceeding in any action
against any such administralor shall be paid by 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, administartion with the will annexed shall be gnented lo
the guardian of such infant, or to such other person as the Court
may think fit, until such infant has attained the full age of 21 years,
at which period, and not, befont, probate of the will shall be
granted to him.
(2) The person to whom such administration is granted shall
have the same powers vested in him as an administrator now has
by virtue of in administration granted to him durante minore
of the next of kin.

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

Administration pendente lite.
38.-(1) Penditig any action touching the validity of the will of
any deceased person, or for obtaining, recalling, or revoking any
probate or any gnant uf administration, the Court inay appoint an
administrator of the of such deceased person.
(2) the administrator so appoitited shall have all the rights and
powers of a general administrator, other than the right of distri-
buting the residue of such estate.
(3) Every such administrator shall be subject to the immediate
control of the Court and act under its direction,





39. All the provisions of the last section relating to grants of
administration pending action shall be deemed to apply to the case
of an appeal to His Majesty-in-Council from any decision of ffle
Court.

Administration Bond.
40. Every person. (other than the Official Administator) to
whom any grant of administration is committed shall, unless the
Court otherwise directs, give a bond, with (if the Court requires)
one or more surety or sureties, conditioned for duly collecting, get-
ting in, and administering the estate of flic deceased person, and
the bond shall be in such form as the Judge may direct : Provided
that it shall not be necessary for the Captain Superintendent of
Police, when applying for or obtaining administration of the estate
of a person dying whilst employed in the police force, is hereinafter
provided, to give any such bond as aforesaid.
41. Every such bond shall be in a penalty of double the
amount under which the estate of the deceased person is sworn,
unless the Court in any case thinks fit to direct the same to be
reduced, in which case it shall be lawful for the Court to do so;
and the Court may also direct that more bonds than one shall be
given so as to limit the liability of any surety to such amount as the
Court thinks reasonable.

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

43. All persons making or permitting to be made any payment
or transfer bond fide upon any probate or administration granted
in respect of the estate of any deceased person shall be indemnified
and protected in so doing, notwithstanding any defect or other
thing whatsoever affecting the validity of such probate or adminis-
tration.
As arneijded by No. 50 (if 1011 and No. 51 of loll.
As amended by No. 1 of 1912,





44. Where, before the revocation of any temporary adminis-
tration, any proceedings have been commenced in the Supreme
Grirt in its original jurisdiction by or against, any administrator
so appointed, thein its probate jurisdiction may order that
a suggest be made upon the record of the revocation of such
administration, arid of the grant of probate or administration which
has been made consequent thereupon, and that the proceedings
shall be continued in the name of the new executer or administrator
in like manner as if the proceedings had been originally commenced ginally corninenced
by or against such new executor or administrator, but Subject to
such conditions and variations, if any, as the Court may direct.

Practice.
45. The practice of the Court shall, except where otherwise
provided by this odinance by thc rules or orders made there-
under, be, so fur as the circumstances - of the case, will admit,
according to the practice hitherto prevailing in the same.

46. It shall be for the Judge to sitting in Chabers for
the despatch of such business of the Court as can, in the opinion
of the Judge, with advantage to the suitors be heard in Chambers;
and the times at which such sittings shall be held shall be fixed
by the judge : Provided that no niatter 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 buisiness
brought before him as if he were sitting in Court.

48. The Court shall have the saine 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 order made under this Ordi-
narice, the witnesses, and where necessary the parties, in all
contentious matters where their attendance, cart be had shall be
examined oraIly 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 whole or in part, by

As airtexided by.No. 1 of 1912.
As ainendled by N-o, 50 of W11.





affidavit, 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 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 for the Court to order a commission to
issue for his examination upon interrogatories or otherwise, or, if
the witness is Within the jurisdiction of the Court, to order
his examination, upon interrogatories or otherwise, before any
officer of the Court or other personfor that purpose in the
order.

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

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

53.-(1) When the Court orders a question of ract to bc tried by
a jury, the Court may make all such rules and orders for procuring
the attendance of a special or common jury for the trial of
such question as may now be, made, by the Supreme Court in its
original jurisdiction, and may also nialce any offier orders which to
the Court may seem requisite.
(2) Every such jury shall be struck, summoned, balloted for, and
called in like manner as if such jury were a jury for the trial
of any causee in the Supreme Court; and every Juryman so sum
nioned hall be entitled to the same rights, and subject to the Same
* As amerided by No. 1 of 1912.





duties and liabilities, as if he had been duly summoned for the
trial of any such causes in the Supreme Court; and every party to
any such proceeding 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 ques-
tions of fact by a jury before the Court, and in respect of new trials
thereof, and also for all purposes in relation to or consequential
upon the direction of issues, the Court shall have the same
jurisdiction, powers, and authority in all respects as belong to the
Supreme Court for the like purposes.

54.-(1) When the Court orders a question of fact to be tried
by a 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 Suprenme Court sitting in its original jurisdiction.

Calendars of Grants.
55.-(1) The Judge shall cause to be made in the Registry 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
transitted to the Governor, to the Principal Registry of the Pro-
bate Division of the High Court of Justice in England, to the
Sherift Court of the County of Edinburgh in Scotland, to the Prin-
cipal Registry of the Probate Division of the High Court of Justice
in Ireland, and to such other officers, if any, as the Judge may
direct.
As ainended by No, 1 of 1912.
As amended by No. 00 of 1911.





PART IV.
RULES FOR ADMINISTRATION OR PROPERTY.
57. In the adininistration of the estate of every decease person,
no debt or liability of such person shall be entitled to any priority
or preference by reason merely that the same is secured by or arises
under a bond, deed, or other instrument under seal, or is otherwise
made or constituted a specialty debt; but all the creditors of
person, as well specialty as simple contract, shall be treated
as standing in equal degree, and be paid accordingly out of the
assets of such deceased person, whether such assets are legal or
equitable :Provided that this Ordinance shall not prepidice or
affect; any lien, charge, or ofber security which creditor may
hold or be entitled to for the of his debt.

58-(1) Any executor or administrator inay apply by summary
petition to the Court for an order limiting the timee 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 mak-
ing of such order and of the time thereby limited; and the Court
may make such order thereon as it thinks fit.
(2) Where an executor or administrator has given the notices
specified in any such order, he shall, at the expinition 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 distribution of the, assets or
a part thereof, as the case may be.
(3) Nothing in this section shall prejudice the right of any
creditor or claimant to follow the assets, or any part thereof, into
the hands of any persons who may have received the same
respectively.

59. It shall be lawful for the Court to allow, to any executor or
administrator, including an adjninistrator appointed pendente lite
as aforesaid, 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 pur-
pose 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 Govern-
ment 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.
Estales 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 500 dollars, Ins
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 Coloiiy), 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
Registnir, 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 adwinistration bond required according to the
practice of the Court ; and lie 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, as is provided by this Section.
(2) The Registrar may require such proof as he may think
sufficient, to establish the identity and relationship of the applicant.
(3) If the Registrar has reason to believe that the whole estate.
of which the intestate died possessed exceeds in value the sum of

* As amended by 50 of 1911 and No. 2 of 1912.





500 dollars, he shall refuse to proceed with the application until he
is satisfied that such value does not exceed that amount.
(4) An applicant under this section shall not be required by any
t.t,ble of fees framed under this Ordinance to pay a greater amount
of fees than the amount applicable to the case which is mentionpd.
in the 2nd schedule.
(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 500 dollars is payable by a public department within
the Colony in respect of civil pay or allowances or annuities granted
either under the authority of His Majosty's Government or of the
Government of the Colony, it shall be lawful for tlie Treasurer, on
being satisfied of the expediency of dispensing with probate or
administration, to authorise the payment of such sum to such person
or persons as the Treasurer may consider entitled thereto, without
requiring the production of probate or administration.
(2) Payment of all such sums of money shall be made under such
regulations as the Treasurer may, with the approval of the Governor,
make for that purpose.

63. Any payment made, under the provisions of the last section
shall be vallid. 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 tbein under
the said provisions.

Estates of Deceased Members of Police Force.
64.-(1) Any person ernployed 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
Ordinance ; but the Captain Superintendent of Police is hereby con-
stituted the official administrator of his estate, and is required to
get in and administer the same, with the sanction of the Colonial
Secretary, and, withill one month after the death of any such
person, to certify the same and the amount in value of the estate of

As aincuded by No. 50 of 1911, No. 51 of 1911 and Nu. 1 of W12,
As ainonded No. jO of 1911.





such person, by certificate under his hand, to the Registrar for
registry in the Court; and he shall also pay over to the Treasurer
the balanee of every such estate, after payment of all lawful claims
against the same.

(2) It shall be lawful for the Colonial Secretary, on the applica-
tion of the Captail of Pollce, at any time to sign
an order upon the Treasurer for the payment of the whole or any
part of such balance to such person or persons as may appear to be
entitled thereto, and the Treastirer shall comply with such order.

Estates of Persons dyiiig on Voyages to the Colony.
65.-(1) The following special provisions shall regulate the ad-
ministration of the estates of passengers who die at sea in the course.
of a voyage to the Colony, on board of any, vessel which afterwards
arrives in. the Coloiiy
(a) where any passenger has died on board 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) tereupon the Harbour Master shall take, possession of such
goods and effects, and,-
(i) if he thinks that their value is more than 100 dollars he shall
forthwith hand theny 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 may
consider likely to be useful for the due administration of the estate;
and,
(11) if lie thinks that theli. value is not more than 100 dollars, he
shall, in such manner as lie may consider just and convenient, dis-
tribute them amongst the persons who may appear to him, in
his discretion, to be entitled thereto, or, if he can find no such
persons within one inonth of the tinie when the goods and effects
came into, his hands, then he shall sell them and pay the proceeds
of the sale into the Treasury, to a special account to be there kept
for that purpose
(c) at any tinie within 12 months of the time when the proceeds
of any estate have been paid into the Treasury under this section,

No. 50 of 1U11 and Xo. 21 of 1U12.
'billelded by No. 80 of 1911,





any person entitled to the said procceds, or to any portion thereof,
may apply to the Harbour Master for the same, and, at the expira-
tion of the said 12 months, the Harbour Master may make
application in that behalf to the Treasurer, and the 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 Treasnry under this section, the Harbour Master
shall deduct the amount of any expenses or costs which lie, may have
incurred lin advertising or otherwise in the administration of the
same; and
(e) if no person entitled applies to the Harbour Master under
paragraph (c) of this sub-section within the 12 months mentioned
in that paragraph, the proceeds of the estate shall be paid over to
the general revenue; but it shall be lawful for the Governor, within
a period of 6 years thereafter, to direct a refund of the same, or any
portion thereof, to any person who establishes, to his satisfaction, a
legal, equitable, or moral claim thercto.

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

(3) If any master of a vessel refuses or neglects to comply with
the requirements of this section, he shall, on. summary conviction
be liable to a fine not exceeding 100 dollars.

PART VI.
BRITISH AND COLONAL PROBATES.
British Probates.
66. In the provisions of this Part relating to British probates,-

' Court of -Probate - means any Court or authority, by whatever
name designated, having jurisdiction in matters of probate.

'' Probate ' and administration ' include confirmation in Scot-
land.

* AS alliellded by 'NO. 1 of 1907 all~ ~O of 1911.





It is hereby declared that all probates or letters of administration
granted by a Court of Probate in the United Kingdom and duly
sealed with the seal of the Supreme Court under the provisions ef
the United Kingdom Probates Ordinance,1892, shall notwithstand-
ing anything in such Ordinance contained be and be deemed
to have been as from the date of such sealing of the like force
and effect in this Colony as if the words 'and in Scotland means
the Sheriff Court of the County of Edinburgh ' had never been con-
tained in section 4 of that Ordinance.*

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 produced io and a copy thereof 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
administration 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.

No,14 of 1892 svas repealed by No. 3 ot 1897 (old numbering) and
soction 4 beeame section 65 of No. 2 of 1897 (Carrington's
numbering), Thun No. .1 of 1907 deleted the words ' ana !a
Scotland incans the Sheriff Court of tile County of Edinburgh '
froill section 66 of the 1897 Ordinance With effect from tile
commencement, thereof and also as seen above from the
rcpealed 18,92 Ordinance from its conipencement.
4s amended by No. 1 of 1912 and No. 2 of 1912.





(5) All Ordinances, enactments, and rules relating to probate duty,
or to fees and costs in the Court, shall apply to applications for seal-
ing 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 Lit.oviqintiq of this, Part apply to probates
and administrations granted in the United Kingeloin either before
or after the commmencement of this Ordinance.

Colonial Probates.
69. in the provisions of this Part relating to colonial probates,-
'Court of Probate ' means any Court or authority, by whatever
name designated, having jurisdiction in rnatters of probate:
'Probate ' and 'administration ' include any instrument having,
in a British possession, the effect as, under the law of 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 His Majesty's dominions in pursuance of
an Order-in-Council, whether made under any Act of Parliament
or otherwise.

70. The Governor-in-Council may, on being satisfy 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 colonial probates shall, subject to any exceptions
and modifications specified in the order, apply to that possession,
and thereupon, while the order is in force, those provisions shall
apply accordingly.

71-(1) Where a Court of Probate in a British possession to
Which the provisions of this Part relating to colonial probates apply
has granted probate or administration in respect of the estate of a

As arnended by No. 50 of Iffil, 'No. 51 of' 1911, No. 1 of 1912 and
No. 2 of 1,9192.
AS amended bY N2o. 1 of 19192. For list o
virtue of this 'ction the provisions of Part VI relating to
colonial probates have been applied so, Bowley's Regulation.,;
of Hon6kong 1910 p. 11,77, flic Regulations for 1911 p. 10 and
.the Regulations 16r 1912 p~ 15.
As amended by No, 1 of 1912 and No, 2 of 1912.





deceased person, the probate or administration so granted may, on
being produced to and a copy thereof deposited with 'the Court,
be sealed with the seal of the Court, and thereupon shall be of the
like force and elfect and have the salne operation in the Colony as
if granted by the Court.
(2) Provided tliat the Court shall, before sealing a probate or
administration 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 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 secilrity 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 grant-
ing 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 Ordinances, enactments, and rules of Court relating to
probate duty, or to fees and costs ill 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,

72. The provisions of this Part relating to colonial probates shall
apply to probates and adrilinistrations granted in a British
possession to which the Ordinance is applied, either before or after
the cornmencement of this Ordinance.

73. The provisions of this Part relating to Colonial probates shall
extend to authorise the sealing by the Court of any probate
or administration granted by a British Court in a foreign country ill
like manner as they authorise 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 necessary modifications.

* Sce the Eegulations for 1911 pp. 13, 14,





PART VII.
MISCELLANEOUS PROVISIONS.
74. The Chief Justice may make general rules and orders, subject
to the approval of the Legislative Council, for flhe followillg pur-
poses
(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 and solicitors practising in the Court,
and the fees, charges, and costs to be taken and allowed with
respect to all proceedings and all other matters in the Court;
(d) for regulating the filing, custody, and inspection of records;
and
(c.) generally for the better carrying cut of the provisions of this
Ordinance.

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 in relation to matters of probate and ad-
ministration in the Division of the High Courf of Justice
in England or any part thereof, and the forms of proceedings in use
therein or any of them, with such modification, may be
may require, shall be followed and adopted in the Court.
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 on the payment of such
fees as may be fixed for the same by the rules and orders made
under this Ordinance.
77. All, administrations heretofore granted to any Official
Administrator shall 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 is Offical Administrator shall be
deemed to be affected or rendered invalid on account of the passing
of this Ordinance.
[ss. 78 to 81, rep. INTo. 1 of 1912.]
As anionded by No. 50 of 1911, Xo. 1 of 1912, No. 2 of 1912 and
No. 43 of 1912.
As by No. 1 of 1912.
FIRST SCHEDULE. [s. 28]
FORM OF RETURN OF ESTATE OF INTESTATES.
Return of Estates of Intestates for the Half-Year ending
, 19 .

(Signed.) A.B. Official Administrator.

Dated the day of , 19 .


SECOND SCHEDULE. [s. 61.]
FEES PAYABLE IN RESPECT OF SMALL ESTATE'S
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 suin of 20 cents for every $50 or
fraction of $50 by which the value exceeds $100.
Short title. Interpretation. General jurisdiction of the Court in matters of probate and administration. [20 & 21 Vict.c. 77 s .4.] [20 & 21 Vict.c. 77 s. 23.] Power of altering probate, etc., already granted. Prohibition of officer of the Court practising. Sealing of documents. [ib.s.22.] Powers as to requiring attendance of and examining 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. [20 & 21 Vict.c. 77 s. 27.] Registrar to be Official Administrator. Effect of grant to Official Administrator. Re-vesting of property on vacation of office. Power to Official Administrator to take possession of property of deceased person until grant. Estates of Americans. 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. Person having or finding will to produce it. Vesting of estate of deceased person in Official Administrator. Powers 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 persons. Power of limiting grant. Period for closing administration of estate. Commission on moneys received. Application of No.1 of 1885, to moneys received. Keeping of books of account. Copies of documents and accounts. Half-yearly returns. Redress against action of Official Administrator. Practice as to caveat against grant. [20 & 21 Vict.c. 77 s. 53.] Effect of 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. III c. 87, s. 6.] [ib.s.7.] Prohibition of executor acting pending administration. [20 & 21 Vict.c. 77 s. 75.] Appointment of administrator pendente lite. [ib.s.70.] Administration pending appeal. Bond to be given by administrator. [20 & 21 Vict.c. 77 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. [ib.s.78.] Continuance of proceedings begun under temporary administration subsequently revoked. [20 & 21 Vict.c. 77 s. 76.] Practice in matters not provided for. [ib.s.29.] Sittings in Chambers. [21 & 22 Vict.c. 95 s. 3.] Powers of Judge sitting in Chambers. Powers of the Court with regard to costs. Examination of parties and witnesses. [20 & 21 Vict.c. 77 s. 31.] Use of affidavit sworn out of the Colony. Cf. No. 2 of 1889. Rules of evidence [20 & 21 Vict.c. 77 s. 33.] Power to order question of fact to be tried by special or common jury. [ib.s.35.] Procedure and powers on trial of question by jury. [ib.s.36.] cf. No. 6 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. Power of 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 in the Colony. [55 & 56 Vict.c.6.] Interpretation of terms relating to British probates. Validation of probates, etc. sealed under No. 14 of 1892. Sealing of probate or administration granted in the United Kingdom, and effect thereof. Application of ss. 66 & 67. 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 to probate, etc. granted by British Court in foreign country. 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. Copy of will, etc. [ib.s.69.] Continuance to successors in office of grants of administration made to Official Administrator.

Short title. Interpretation. General jurisdiction of the Court in matters of probate and administration. [20 & 21 Vict.c. 77 s .4.] [20 & 21 Vict.c. 77 s. 23.] Power of altering probate, etc., already granted. Prohibition of officer of the Court practising. Sealing of documents. [ib.s.22.] Powers as to requiring attendance of and examining 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. [20 & 21 Vict.c. 77 s. 27.] Registrar to be Official Administrator. Effect of grant to Official Administrator. Re-vesting of property on vacation of office. Power to Official Administrator to take possession of property of deceased person until grant. Estates of Americans. 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. Person having or finding will to produce it. Vesting of estate of deceased person in Official Administrator. Powers 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 persons. Power of limiting grant. Period for closing administration of estate. Commission on moneys received. Application of No.1 of 1885, to moneys received. Keeping of books of account. Copies of documents and accounts. Half-yearly returns. Redress against action of Official Administrator. Practice as to caveat against grant. [20 & 21 Vict.c. 77 s. 53.] Effect of 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. III c. 87, s. 6.] [ib.s.7.] Prohibition of executor acting pending administration. [20 & 21 Vict.c. 77 s. 75.] Appointment of administrator pendente lite. [ib.s.70.] Administration pending appeal. Bond to be given by administrator. [20 & 21 Vict.c. 77 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. [ib.s.78.] Continuance of proceedings begun under temporary administration subsequently revoked. [20 & 21 Vict.c. 77 s. 76.] Practice in matters not provided for. [ib.s.29.] Sittings in Chambers. [21 & 22 Vict.c. 95 s. 3.] Powers of Judge sitting in Chambers. Powers of the Court with regard to costs. Examination of parties and witnesses. [20 & 21 Vict.c. 77 s. 31.] Use of affidavit sworn out of the Colony. Cf. No. 2 of 1889. Rules of evidence [20 & 21 Vict.c. 77 s. 33.] Power to order question of fact to be tried by special or common jury. [ib.s.35.] Procedure and powers on trial of question by jury. [ib.s.36.] cf. No. 6 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. Power of 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 in the Colony. [55 & 56 Vict.c.6.] Interpretation of terms relating to British probates. Validation of probates, etc. sealed under No. 14 of 1892. Sealing of probate or administration granted in the United Kingdom, and effect thereof. Application of ss. 66 & 67. 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 to probate, etc. granted by British Court in foreign country. 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. Copy of will, etc. [ib.s.69.] Continuance to successors in office of grants of administration made to Official Administrator.

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1912

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No. 2 of 1897

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