Foreign Probate Act 1879 (WA)

43 VICTORI}E. No. 5

The Foreign Probate Act

WESTERN AUSTRALIA

ANNO QUADBAGESIMO TERM

VICTORDE REGINA

No. 5

An Act to give effect in Western Australia to Probates and Letters of Administration granted in any other part of Her Majesty's Dominions.

[Assented to 8th August, 1879.

HEREAS it is expedient to give to Probates and Letters of Preimble

Administration granted in any other part of Her Majesty's Dominions the like force and effect as if originally granted in Western Australia, upon the same being re-sealed : Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependen- cies, by and with the advice and consent of the Legislative Council thereof, as follows:

1. In the construction and for the purposes of this Act, and of all Into7nretation

proceedimYs thereunder, the following terms shall have the respective meanings hereafter assigned to them, except where there is something° in the context repugnant to such construction, that is to say-

' Probate' shall include Exemplification of Probate' : 'Probate' Letters of Administration' shall include ' Exemplification of `Letter: or

Letters of Administration.' Administration

2. Prom and after the period at which this Act shall come into Prolmtes and

operation, when any Probate or Letters of Administration granted Agttlizstrltions

by a court of competent jurisdiction in any part of Her Majesty's where to he of

Dominions shall be produced to, and a copy thereof deposited with, the igitk.aenftnekn in i s

Registrar of the Supreme Court of Western Australia, such Probate tl western

or Letters of Administration shall be sealed with the seal of the last- re-IsLaolooa icing

mentioned Court, and shall have the like force and effect, and have

the same operation in Western Australia ; and every executor and

administrator thereunder shall have the same powers and authority,

rights and privileges, and perform the same duties and be subject to

the same liabilities as if such Probate or Letters of Administration

had been originally granted by the Supreme Court of Western

Australia.

be affixed to any Probate or Letters of Administration granted in any it111;11 till duty 3. The seal of the Supreme Court of Western Australia shall not seal not to he

other part of Her Majesty's Dominions so as to give operation thereto as if the grant had been made by the Supreme Court of Western Australia, until all such probate, stamp, and other duties (if any), have been paid as would have been payable if such Probate or Letters of Administration had been originally granted by the Supreme Court of Western Australia ; and further, such Letters of Administration And as to ad-

shall not be so sealed until a bond has been entered into by such vttnetiii.t=

into

43 VICTORIES. No. 5

The Foreign Probate Act

executor or administrator, or his attorney or agent, with or without one or more sureties, as the Supreme Court may in each case direct, conditioned for the due administration of the estate of the testator or intestate (as the case may be).

Commencement

of Act 4. This Act shall come into operation and take effect on such day

as may be appointed by the Governor in Council.

Short title 5. This Act may be cited as The Foreign Probate Act.'

II. ST. GEORGE ORD,

GOVERNOR.