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Colonial Probates Act, 1892.

(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 United Kingdom.

(4.) For the purposes of this section, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original.

(5.) Rules of court may be made for regulating the procedure and practice, including fees and costs, in courts of the United Kingdom, on and incidental to an application for sealing a probate or letters of administration granted in a British possession to which this Act applies. Such rules shall, so far as they relate to probate duty, be made with the consent of the Treasury, and subject to any exceptions and modifications made by such rules, the enactments for the time being in force in relation to probate duty (including the penal provisions thereof) shall apply as if the person who applies for sealing under this section were a person applying for probate or letters of administration.

Application of 3. This Act shall extend to authorize the sealing in the Act to British courts in for-" United Kingdom of any probate or letters of administration eign countries. granted by a British court in a foreign country, in like man

ner as it authorizes the sealing of a probate or letters of administration granted in a British possession to which this Act applies, and the provisions of this Act shall apply accordingly

with the necessary modifications. Orders in 4-(1.) Every Order in Council made under this Act Council.

shall be laid before both Houses of Parliament as soon as may be after it is made, and shall be published under the authority of Her Majesty's Stationery Office.

(2.) Her Majesty the Queen in Council may revoke or alter any Order in Council previously made under this Act.

(3.) Where it appears to Iler Majesty in Council that the legislature of part of a British possession has power to make the provision requisite for bringing this Act into operation in that part, it shall be lawful for Her Majesty to direct by Order in Council that this Act shall apply to that part as if it were a separate British possession, and thereupon, while the Order is in force, this Act shall apply accordingly.

Act to pro

Application of 5. This Act when applied by an Order in Council to a bates, &c.,

British possession shall, subject to the provisions of the Order, already grant- apply to probates and letters of administration granted in that

ed.

Colonial Probates Act, 1892.

Definitions.

6. In this Act,
The expression “court of probate” means any court or

authority, by whatever name designated, having juris-
diction in matters of probate, and in Scotland means

the sheriff court of the county of Edinburgh :
The expressions "probate" and "letters of administra-

tion" include confirmation in Scotland, and any instru-
ment having in a British possession the same effect
which under English law is given to probate and letters

of administration respectively :
The expression “probate duty” includes any duty pay-

able on the value of the estate and effects for which

probate or letters of administration is or are granted :
The expression “British court in a foreign country

means any British court having jurisdiction out of the
Queen's dominions in pursuance of an Order in Council,
whether made under any Act or otherwise.

7. This Act may be cited as the Colonial Probates Act, Short title. 1892.

OTTAWA : Printed by SAMUEL Edward Dawson, Law Printer (for Canada)

to the Queen's Most Excellent Majesty.

OF THE

IMPERIAL GOVERNMENT

TOGETHER WITH

TREATIES NEGOTIATED

BETWEEN

HER MAJESTY THE QUEEN

AND

FOREIGN POWERS

OTTAWA

PRINTEI) BY SAMUEL EDWARD DAWSON LAW PRINTER (FOR CANADA) TO THE QUEEN'S MOST EXCELLENT MAJESTY

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