380

THE HONGKONG GOVERNMENT GAZETTE, 25TH APRIL, 1896.

5. All kinds of securities may be lodged in Court. Shares of and securities issued by companies or corporations constituted under the laws of the Colony such shares being fully paid up and free from all liability may be transferred to the Treasurer by his name of office. Other shares and securities may be placed in a box or packet and lodged at the office of the Treasurer who will before taking custody of such box or packet see that it is properly marked and secured and inspect the contents thereof in the presence of the person lodging the same.

6. (i)—The person desirous of lodging funds in Court shall obtain from the Registrar the necessary Direction for such lodgment. He shall present the direction at the office of the Treasurer from whom he shall receive a receipt for the same.

(ii)--When the funds to be lodged are securities to be transferred into the name of the Treasurer the

person lodging such funds shall execute a transfer thereof and lodge such transfer together with the direction of the Registrar at the office of the Company or Corporation in whose books the securities are to be transferred. The direction shall be in form 2 in the schedule. Such Company or Corporation shall after registering such transfer forward the direction to the Treasurer with a certificate thereon that the securities have been transferred as therein authorised, which certificate may be in the form No. 3 in the schedule.

(iii)--The Treasurer shall on giving any receipt for funds lodged, forthwith forward a duplicate of such receipt to the Registrar to be filed with the papers in the cause or matter. Such receipt shall be in the form No. 4 in the schedule so far as appropriate.

7. Any principal money or dividends received by the Treasurer in respect of securities in Court shall be placed in his books in the case of principal money to the credit to which the securities whereon such money arose were standing at the time of the receipt thereof and in the case of dividends to the credit to which the securities whereon such dividends accrued were standing at the time of the closing of the transfer books of such securities previously to the dividends becoming due.

III.-Payment, Delivery and Transfer of Funds out of Court and other Dealings with Funds.

8. Moneys paid in as security for costs or by way of satisfaction or amends or in compliance with an Order giving leave to defend upon such payment in, shall be paid out on a Direction to the Treasurer signed by the Registrar and bearing the seal of the Court. Such Direction shall be as nearly as may be in the form No. 5 in the schedule. The person entitled to such moneys shall obtain from the Registrar the necessary Direction and present the same at the office of the Treasurer who shall thereupon deliver or cause to be delivered to the person named in such Direction the moneys specified therein.

9. In all other cases the person entitled to withdraw the funds shall lodge at the office of the Treasurer a copy of the Order under the seal of the Court authorising such withdrawal, and the Treasurer shall act in accordance with such Order.

10. When an Order directs any sums to be ascertained by the Certificate of the Registrar and to be afterwards dealt with by the Treasurer such Certificate or a duplicate or office copy of the same shall be sent to the Treasurer who shall act in accordance therewith. Such Certificate shall be as nearly as may be in the form No. 6 in the schedule.

11. When an Order directs payment out of a fund in Court of any costs directed to be taxed the Registrar shall state in his Certificate the name and address of the person to whom such costs are payable. Such Certificate shall be as nearly as may be in the form No. 7 in the schedule.

12. (i)-When funds in Court are by an Order directed to be paid, transferred or delivered to any person named or described in an Order or in a Certificate of the Registrar (except to a person therein expressed to be entitled to such funds as trustee, executor or administrator, or otherwise than in his own right or for his own use) such funds or any portion thereof for the time being remaining unpaid or untransferred or undelivered may, unless the Order otherwise directs on proof of the death of such person whether on or after or in the case of payment directed to be made to a creditor as such before the date of such Order, be paid or transferred or delivered to the legal personal representatives of such deceased person or to the survivors or survivor of them.

(ii)-If no administration has been taken out to such deceased person who has died intestate and whose assets do not exceed the value of $500 including the amount of the funds directed to be so paid, transferred or delivered to him, such funds may be paid, transferred or delivered to the person who being widow, child, father, mother, brother, or sister of the deceased would be entitled to take out administration to his estate upon a declaration by such person in the form No. 8 in the schedule.

(iii)-When funds in Court are by an Order directed to be paid, transferred or delivered to any persons as legal personal representatives such funds or any portion thereof for the time being remaining unpaid, untransferred or undelivered may, upon proof of the death of any of such representatives whether on or after the date of such Order, be paid, transferred or delivered to the survivors or survivor of them.

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