THE HONGKONG GOVERNMENT GAZETTE, 20TH AUGUST, 1870.

any Sentence to which he may be liable for the Offence with which he shall be charged, and whether he shall be found guilty of such Offence or not.

VI. Every Person who shall commit a Breach of any Regulation Penalty for in Force for the Time heing under this Ordinance shall be guilty Breach of of a Misdemeanor and shall be liable on Summary Conviction Regulations. thereof before a Magistrate, to a Fine not exceeding Ten_Dollars for a first Offence, and for every subsequent Offence to a Fine not exceeding Twenty-five Dollars with or without Imprisonment not exceeding One Month.

other Re-

VII. Nothing in the last preceding Section contained shall Saving of affect any other Remedy or Punishment which may be provided medies and by Law for any Act done in Breach of any. Regulation made in Punishments. Pursuance of this Ordinance.

VIII. In all Proceedings in any Court, the Regulations in Force Proof of for the Time being under this Ordinance shall be sufficiently Regulations. proved by the Production of a Copy of the Gazette in which the

same shall be published and contained.

Passed the Legislative Council of Hongkong, this 10th Day of August, 1820.

L. D'ALMADA E CASTRO,

HONGKONG.

Clerk of Councils.

ANNO TRICESIMO QUARTO VICTORIE REGINÆ.

HENRY WASE WHITFEILD, Major-General, and Lieutenant-Governor.

No. 9 OF 1870.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend Ordinance No. 8 of 1860, and to make further Provision in relation to the Administration of the Estate and Effects of Deceased Persons.

[19th August, 1870.]

WHEREAS it is expedient to amend Ordinance No. 8 of

1860, and to make further Provision in relation to the Administration of the Estate and Effects of Deceased Persons: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows :—

Title.

Preamble.

I. It is hereby declared that the Registrar of the Supreme Declaratory as Court is "Ex-Oficio" Official Administrator under Ordinance No. to "Official 8 of 1860.

Administra- tor."

II. In the Administration of the Estate of every Person who Distinction shall die after the passing of this Ordinance, no Debt or Liability between of such Person shall be entitled to any Priority or Preference by Specialty and

Simple Con- Reason merely that the same is secured by or arises under a Bond, tract Debts Deed, or other Instrument under Seal, or is otherwise made or abolished. constituted a Specialty Debt; but all the Creditors of such Person, as well Specialty as Simple Coutract, shall be treated as standing in equal Degree, and be paid accordingly out of the Assets of such Deceased Person, whether such Assets are Legal or Equit- able, any other Law to the contrary notwithstanding: Provided always, that this Ordinance shall not prejudice or affect any Lien, Charge, or other Security which any Creditor may hold or be entitled to for the Payment of his Debt.

Order to

III. Any Executor or Administrator may apply by Summary Executor or Petition to the Supreme Court, for an Order limiting the Time for Administrator Creditors and others to send in their Claims against the Estate of ad apply for the Testator or Intestate and specifying what Notices are to be distribute given of the making of such Order, and of the Time thereby Assets. limited; and where an Executor or Administrator shall have given the Notices specified in such Order, he shall at the Expira- tion of the Time limited thereby for sending in such Claims, be at Liberty to distribute the Assets of the Testator or Intestate or any Part thereof, amongst the Parties entitled thereto, having Regard to the Claims of which such Excentor or Administrator has then Notice, and shall not be liable for the Assets or any Part thereof, so distributed to any Person of whose Claim such Executor or Administrator shall not have had Notice at the Time of Distribu- tion of the said Assets or a Part thereof, as the Case may be; but nothing in this Section contained shall prejudice the Right of any Creditor or Claimant to follow the Assets or any Part thereof, into the Hands of the Persons who may have received the same respectively.

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