Intercolonial Probate Act 1879 (SA)

AN NO QUAI)RAGESTMO	SECUNDO ET QUAD RAGES1 h10
TEKTIO

VICTOR REGINB

A.D. 1879.

An Act to give cffcct i n South Australia to Prohatcs :incl

Idclless of Ac1ministr;dion gmntcd in thc other

Austra1,zsian Colonies, ancl in the Unitcd

Iiingdom of Great Britain and Irelnncl.

Fl KlltNAS it is expedient to give to prohates and letters of l'rtwul~le

adminis tn~tion grailtcd ill thc u t l i .~ A~~stralasi;tn Colonies

or in tlir TJnitccl Ringdom the likc! fbrcc: and cffoct as if originally g~mtcct in South Australia, upon thc snw,e 1)eing urscaled-1%: it thcrcfore Raacteci by His Kxccllcncy thc Govcrnor of South ilnatrnlis, by mld with the advice ancl consent of the Legislati\ c Co~mcil n n J Housc of Assembly, in Ynrliarncnt assemblrcl~ as follolvs:

the Supreme Court bc decincd sufficient: Letters of competent j~lrisdiction which shall in the opinion, of a Judge of

1, In the construction and for thc ynrposcs of this Act, and of' Illtrq~letiition

all 1mccdings Ihcxcuricl~~. tllc following terms s l d l h a w the

,there is sometliing m the context 1-cpugnant to sncli coustruction, ?'	rcspcctive mcal1ino.s Ilcrcaftcr assignccl to theni, cxccpt whew
tllat is to say-

" Australasiau eolollies " shall r rmu t h colonies of KCW South Austri~lasian colonies

Wales, Victoria, South Australia, Wes t~ rn Australia,

Queensland, Tasmania, and h-ew Zcaltmd:

" TJnited Kingdom" shall mean Great Britain and Irkland: United Kingdom.

" Probate" shall include CL l3xemplification of probate," or any Probate.

other formal docummt purporting to be under the seal of a Court

2 43" VICTORIA;,, No. 137.

Intercolonial Probate Act.-1879.

Lotters of adminis-

tration.	" Letters of administration " shall include "Exemplification of letters of administration," or such otlicr formal evidence of the letters of administration purporting to be under the seal of a Court of competent jurisdiction as shall in the opinion of a Judge of the Supreme Court be deemed sufficient.
Probatctcs and lettera
of administration	2. From and after the period at which this Act shall come into

granted in other	operation, when any probate or letters of administration to be
colonies or the United
Kingdom, to be of	granted by the Suprerne Court of any of the other Australasian
like force as if granted	colonies, or by any Court of competent jurisdiction in the United

to South Au~tmlla on

boing resedcd.	Kingdom of Grcnt Britain and Ireland, s11aIl be produced to, and
a copy thereof deposited with, the Registrar of the Supreme Court
of South Australia, such probate or letters of administration shall be sealed with the seal of the last-mentioned Court, and shall have thc like force and effect and have the same operation in South Australia; and every executor and administrator thereunder shall perform the same dutics, and be subject to the same liabilities, as I
if such probate or lctters of administration had been origimlly
granted by the Supreme Court of South Australia.
Seal not to be affixed

till duty is paid. 3. The seal of the Supreme Court gf South Australia shall not

be affixed to any probate or lctters of :tilrninistration granted in any

of the other Australasian colonies, ar by any such Court of the United Kingdom as afo~csaid, so 3s to give operation thereto as if the grant had been made by tile Supremc. Court of South Australia, until all such probatz, stamp, and other duties, if m y, have been paid ss would llnvc bccn payable if snch probate or letters of administratian hard been originally granted by tllc

Ancl as to admini-

tration till bond is

Supreme Court of South Aostrdia; and, further, such lettbrs of

entered into.

administratioll shall not be so scaled until such bond has bccu entered into as would ha. e been required if such letters had been originally granted by the East-mcntioned Supreme Court.

Cornmenccment of

Act.

4. This Act shall colne into operation, and take effect on and

after the first day of January, one thousand eight hundrcd and

eighty.

Short title.	5. This Act may be cited as " The lntercolonial Probate Act."
In the name and on behalf of Her Majesty, I lwrslby assent

to this Bill.

WM. F. IURUMMONI) JEBVOIS, Governor.

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Adelaide: By authority, E. SYILLER, Acting Governme~t Printer, North-terrace.