certain Offices.
The Hongkong Government Gazette.
MAY 8, 1858.
Registrar to trans- LXVIII. The Registrars shall cause a printed Copy of every Calendar to be transmitted through mit printed Copies to the Post or otherwise to each of the District. Registries, and to the Office of Her Majesty's Prerogative in Dublin, the Office of the Commissary of the County of Midlothian in Edinburgh, and such other Offices, if any, as the Court of Probate shall from Time to Time by Rule or Order direct; and every printed Copy of a Calender so transmitted as aforesaid shall be kept in the Registry or Office to which it is trans- mitted, and may be inspected by any Person on Payment of a Fec of One Shilling for cach Search, without reference to the Number of Calendars inspected. Ocial Copy of LXIX. An official Copy of the whole or any Part of a Will, or on official Certificate of the Grant of whole or Part of Will
any Letters of Administratron, may be obtained from the Registry or District Registry where the Will may be obtained.
has been proved or the Administration granted, on the Payment of such Fees as shall be fixed for the same by the Rules and Orders under this Act.
Administrations pen- dente lite.
Reeciver of Real Estante pendente lite.
Remuneration to Ad-
LXX. Pending any Suit touching the Validity of the Will of any deceased Person, or for obtaining, recalling, or revoking any Probate or any Grant of Administration, the Court of Probate may appoint an Administrator of the Personal Estate of such deceased Person; and the Administrator so appointed shall have all the Rights and Powers of a General Administrator, other than the Right of distributing the Residue of such Personal Estate; and every such Administrator shall be subject to the immediate Control of the Court, and act under its Direction.
LXXI. It shall be lawful for the Court of Probate to appoint any Administrator appointed as aforesaid or any other Person to be Receiver of the Real Estate of any deceased Person pending any Suit in the Court touching the Validity of any Will of such deceased Person by which his Real Estate may be affect- ed, and such Receiver shall have such Power to receive all Rents and Profits of such Real Estate, and such Powers of letting and managing such Real Estate, as the Court may direct.
LXXII. The Court of Probate may direct that Administrators and Receivers appointed pending Suits ministrators pendente involving Matters and Causes Testamentary shall receive out of the Personal and Real Estate of the lite and Receivers. Deceased such reasonable Remuneration as the Court think fit.
Power as to Appoint- ment of Administrator.
36 G. 3. c. 87, ex- tended to Administra-
turs.
After Grant of Ad- ministration, no Person to have Power to sue
as an Executor.
Revocation of tem- porary Grants not to prejudice Actions or Suits.
LXXIII. Where a Person has died or shall die wholly intestate as to his Personal Estate, or leaving a Will affecting Personal Estate, but without having appointed an Executor thereof willing and competent to take Probate, or where the Executor shall at the Time of the Death of such Person be resident out of the United Kingdom of Great Britain and Ireland, and it shall appear to the Court to be necessary or convenient in any such Case, by reason of the Insolvency of the Estate of the Deceased, or other special Circumstances, to appoint some Person to be the Administrator of the Personal Estate of the Deceased, or of any Part of such Personal Estate, other than the Person who if this Act had not been passed would by Law have been entitled to a Grant of Administration of such Personal Estate, it shall not be obligatory upon the Court to grant Administration of the Personal Estate of such deceased Person to the Person who if this Act had not passed would by Law have been entitled to a Grant thereof, but it shall be lawful for the Court, in its Discretion, to appoint such Person as the Court shall think fit to be such Administrator upon his giving such Security (if any) as the Court shall direct, and every such Administration may be limited as the Court shall think fit.
LXXIV. The Provisions of an Act passed in the Thirty-eighth Year of His late Majesty King George the Third, Chapter Eighty-seven, shall apply (in like Manner) to all Cases where Letters of Admi- nistration have been granted, and the Person to whom such Administration shall have been granted shall be out of the Jurisdiction of Her Majesty's Courts of Law and Equity.
LXXV. After any Grant of Administration, no Person shall have Power to sue or prosecute any Suit, or otherwise act as Executor of the Deceased, as to the Personal Estate comprised in or affected by such Grant of Administration, until such Administration shall have been recalled or revoked.
LXXVI. Where before the Revocation of any temporary Administration any Proceedings at Law or in Equity have been commenced by or against any Administrator so appointed, the Court in which such Proceedings are pending may order that a Suggestion be made upon, the Record of the Revocation of such Administration, and of the Grant of Probate or Administration which shall have been made con- sequent thereupon, and that the Proceedings shall be continued in the Name of the new Executor or Admi- nistrator, in like Manner as if the Proceeding had been originally commenced by or against such new Executor or Administrator, but subject to such Conditions and Variations, if any, as such Court may direct. LXXVII. Where any Probate or Administration is revoked under this Act, all Payments bona fide voked Probates or Ad- made to any Executor or Administrator under such Probate or Administration, before the Revocation thereof, shall be a legal Discharge to the Person making the same; and the Executor or Administrator who shall have acted under any such revoked Probate or Administration may retain and reimburse himself in respect of any Payments made by him which the Person to whom Probate or Administration shall be afterwards granted might have lawfully made.
Payments under re-
ministration to valid.
be
Persons, &c., making Payment upon Pro-
LXXVIII. All Persons and Corporations making or permitting to be made any Payment or Transfer bates granted for Es- bona fide, upon any Probate or Letters of Administration granted in respect of the Estate of any deceased tate of deceased Person Person under the Authority of this Act, shall be indemnified and protected in so doing, notwithstanding any Defect or Circumstance whatsoever affecting the Validity of such Probate or Letters of Administra- tion.
to be indemnified.
Rights of an Exceu-
LXXIX. Where any Person, after the Commencement of this Act, renounces Probate of the Will tor renouncing I'ro- bate to ease as if he of which he is appointed Executor or One of the Executors, the Rights of such Person in respect of the had not been named Executorship shall wholly cease, and the Representation to the Testator and the Administration of his Effects shall and may, without any further Renunciation, go, devolve, and be committed in like Manner as if such Person had not been appointed Executor.
in the Will.
Sureties to Adminis- tration Bonds,
Persons to whom Grant of Administra-
ted shall give Bond.
LXXX. So much of an Act passed in the Twenty-first Year of King Henry the Eghth, Chapter Five, and of an Act passed in the Twenty-second and Twenty-third Years of King Charles the Second, Chapter Ten, and of an Act passed in the First Year of King James the Second, Chapter Seventeen, as requires any Surety, Bond, or other Security to be taken from a Person to whom Administration shall be committed, shall be repealed.
LXXXI. Every Person to whom any Grant of Administration shall be committed shall give Bond tions shall be commit to the Judge of the Court of Probate to enure for the Benefit of the Judge for the Time being, and, if the Court of Probate or (in the Case of a Grant from the District Registry) the District Registrar shall require, with one or more Surety or Sureties, conditioned for duly collecting, getting in, and, administering the Personal Estate of the Deceased, which Bond shall be in such Form as the Judge shall from Time to Time by any general or special Order direct: Provided that it shall not be necessary for the Solicitor for the Affairs of the Treasury or the Solicitor of the Duchy of Lancaster applying for or obtaining Administration to the Use or Benefit of Her Majesty to give any such Bond as aforesaid.
Penalty on Bond. : LXXXII. Such Bond shall be in a Penalty of double the Amount under which the Estate and Effects of the Deceased shall be sworn, unless the Court or District Registrar, as the Case may be, shall in any case think fit to direct the same to be reduced, in which Case it shall be lawful for the Court or District Registrar so to do, and the Court or District Registrar may also direct that more Bonds than One shall be given, so as to limit the Liability of any Surety to such Amount as the Court or District Registrar - shall think reasonable,
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