668
Representation of heirat-law, next of kin, or class.
O. 16 r. 32 (a.)
Ib. r. 32 (b.)
Administration at suit of residuary legatee, etc. Ib. r. 33.
Administration at suit of legatee, etc. Ib. r: 34.
Administration at suit of residuary devisee, etc. Ib. r. 35.
No. 3.]
THE ORDINANCES OF HONGKONG: (A.D. 1901
or as to any other procedure shall, if given, with the consent of the Court, by the next friend, guardian, committee, or other person acting on behalf of the person under disability, have the same force and effect as if such party were under no disability and had given such consent Provided that no such consent by any committee of a lunatic shall be valid as between him and the lunatic unless given with the special sanction of the Chief Justice.
Administrations and Trusts.
74.-(1.) In any case in which the right of an heir-at-law, or the next of kin, or a class depends upon the construction which the Court may put upon an instrument, and it is not known or is difficult to ascertain who is or are such heir-at-law, next of kin, or class, and the Court considers that, in order to save expense or for some other reason it will be convenient to have the questions of construction determined before such heir-at-law, next of kin, or class has or have been ascertained by means of inquiry or otherwise, the Court may appoint one or more persons to represent such heir-at-law or to represent all or any such next of kin or class, and the judgment of the Court shall be binding on the person or persons so represented.
(2.) In any other case in which an heir-at-law, or any next of kin, or a class is or are represented in any proceedings, the Court may, if, having regard to the nature and extent of the interest of such persons or of any of them, it appears expedient on account of the difficulty of ascertaining such persons or in order to save expense, appoint one or more persons to represent such heir-at-law or to represent all or any of such next of kin or class, and the judgment of the Court shall be binding on the person or persons so represented.
75. Any residuary legatee or next of kin entitled to a judgment or order for the administration of the personal estate of a deceased person may have the same without serving the remaining residuary legatees or next of kin.
76. Any legatee interested in a legacy charged upon immovable property, and any person interested in the proceeds of immovable property directed to be sold, and who may be entitled to a judgment or order for the administration of the estate of a deceased person, may have the same without serving any other legatee or person interested in the proceeds of the property.
77. Any residuary devisee or heir entitled to the like judgment or order may have the same without serving any co-residuary devisee or co-heir.