THE HONGKONG GOVERNMENT GAZETTE, 5гп DECEMBER, 1896.
(3.) Nothing in this section shall prejudice the right of any creditor or claimant to follow the assets, or any part thereof, into the hands of any persons who may have re- ceived the same respectively.
59. It shall be lawful for the Court to allow to any executor or administrator, including an administrator ap- pointed pendente lite as aforesaid, such remuneration out of the estate of the deceased person as may be just and reasonable for his pains and trouble therein: Provided that no allowance whatever shall be made to any executor or ad- ministrator who neglects to pass his accounts at such time, or to dispose of any moneys, goods, chattels, or securities with which he is chargeable in such manner, as, in pursuance of any rule or order or practice of the Court, may be requisite.
60. Whenever any person who is a native of China dies intestate leaving property within the jurisdiction of the Court, and it is necessary to obtain proof of the law of China for the purpose of regulating the administration of the property of such deccased person according to the law of his domicile, it shall be lawful for the Court, in its dis- cretion, to receive in evidence any written statement of the law of China which is certified by any British Consular Officer in China under his official seal to have been obtained by him from an officer of the Chinese Government for the purposes of such administration and with reference to the facts of the particular case under consideration, and there- after to act upon such written statement in such manner as it thinks fit.
Allowance of remuneration
to executer or. administrator (No. 8 of 1860, a. 28.)
Proof of Chinese law al to administra tion of property of decensed person. (No. 9 of 1870, B. 9.)
1119
PART V.
SPECIAL AND EXCEPTED CASES.
Estates of Small Value.
61.-(1.) Where the whole estate of any person dying intestate in the Colony does not exceed in value the sum of five hundred dollars, his widow, or any one or more of his children, as the case may be, (provided such widow or child or children respectively is or are resident in the Colony), or if such person is a widow, any one or more of her children (provided such child or children is or are resident in the Colony), may make application in that I chalf to the Re- gistrar, and the Registrar shall fill up the usual papers required by the Court to lead to a grant of administration of the estate of the intestate, and shall swear or declare the applicant and attest the execution of the administration bond required according to the practice of the Court; and he shali also in due course make out and seal the letters of adminis- tration of the estate of the intestate and deliver them to the applicant, without payment of any fee except as is provided by this section.
(2.) The Registrar may require such proof as he may think sufficient to establish the identity and relationship of the applicant.
(3.) If the Registrar has reason to believe that the whole estate of which the intestate died possessed exceeds in value the sum of five hundred dollars, he shall refuse to proceed with the application until he is satisfied that such value is below that amount.
(4.) An applicant under this section shall not be required by any table of fees framed under this Ordinance to pay a greater amount of fees than the amount applicable to the case which is mentioned in the Second Schedule to this Ordinance.
(5.) Nothing in this section shall be construed to affect any duty for the time being payable by law on adminis trations.
Small Sums payable by Public Departments to Deceased Persons.
62.-(1.) On the death of any person to whom any sum of money not exceeding five hundred dollars is payable by a public department within the Colony in respect of civil pay or allowances or annuities granted either under the authority of Her Majesty's Government or of the Gov- ernment of the Colony, it shall be lawful for the Colonial Treasurer, on being satisfied of the expediency of dispensing with probate or administration, to authorize the payment of such sum to such person or persons as the Colonial Trea- surer may consider entitled thereto, without requiring the production of probate or administration.
Summary procedure for administra tion of estato of person dying inter- tate under $500 in value. (No. 10 of 1886, 38 & 39 Vict. c. 27.)
Second
Schedula.
Power to pay to persons untitled sum under $500 payable by public department to Ceccased jerson, (No. 1 of 1886, s. 1.)