Testamentary Causes Act 1867 (SA)

ANNO TRICESIMO PRIM0

V I C T O R I B

REGINIE.

A.D. 1567.

An Act to consolidate and ~irnelzd

the Laws d a f i n g to the Jurisdiction

and l'rocedure t ~ f	the rSYzq~re??ze Court in Matters and Causes
Testamentary.

[A4ssentecl

to, 19th December, 186 7 .]

HEREAS it is expedient to consolidate and amend the laws relating to the jurisdiction and procedure of the Supreme Court in matters and causes testamentary-Be it therefore Enacted, by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and Housc of Assembly of the said Province, in this present Parliament assembled, as follows:

PILELIMINAXY.

1. This Act may be cited for all purposes as the " Testamentary Short title.
Causes act, 1867."

This Act shdl come into operation on the first day of February,

Commoncement of

1868. Act.
3. An Ordinance No. 12 of 1848, " For the better preservation Repeal.
and management of the Estates of Deceased Persons in certain cases," and sections, 9, 10, 11, 12, 13, and 14 of an Act No. 31 of 1855-6, intituled c c An Act to consolidate the several Ordinances relating to the establishment of the Supreme Court of the Province of South Australia," are hereby repealed; except so far as may be necessary for supporting the validity of any proceedings heretofore had under the said Ordinance or sections of the said Act, or any or either of them; and all probates heretofore granted, and all letters of administration heretofore committed to any person, and all orders
heretofore
2B
Testamentary Causes Ac t.-1867.

P ~ ~ M I N A R Y.	heretofore made by the Supreme Court under the powers therein
contained. shall be as valid and effectual. and all bonds and other securities given or executed under the p;ovisions of the said Ordi- nance or sections of the said Act, or any or either of them shall be as valid and shall have the same force and effect, for $U purposes,
as if this Act had not been passed; and all proceedings pending in
the said Court in its ecclesiastical jurisdiction at the time of the passing of this Act shall be proceeded with and completed as nearly as circumstances will allow under the provisions of this Act.

Interpretation of

termr,

4. In the construction of this Act, unless the context be inconsis-

tent with the meaning hereby assigned:

''Court ,'l "the Court," and a

the aaid Court" ahall mean the Supreme

Court of the Province of South Australia in the exercise of
the testamentary causes jurisdiction by this Act conferred:
" Court of Probate Act, 1858," ;shall mean an Act of the Impe- rid Farliament, made and passed in the twenty-first and twenty-second years of Her Majesty's Reign intituled '' An Act to amend the Act of the twentieth and twentyfirst Vic- toria, chapter seventy-seven."
a Will" shall comprehend "testament" and all other testamentary instruments of which probate…

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