D 1897.]
PROBATES.
[No. 2.
303
stituted a specialty debt; but all the creditors of such person, as well specialty as simple contract, 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 equitable: Provided 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
58.(1.) Any executor or administrator may apply by summary petition to the Court for an order limiting the time for creditors and others to send in their claims against the estate of the testator or intestate, and specifying what notices are to be given of the making of such order and of the time thereby limited; and the Court may make such order thereon as it thinks fit.
Power to the Court to order limiting creditors to send in claims against estate. 22 & 23 Vict. c. 35 s. 29.
(2) Where an executor or administrator has given the notices specified in such order, he shall, at the expiration 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 he has then notice, and shall not be liable for the assets, or any part thereof, so distributed to any person of whose claim he has not had notice at the time of distribution of the assets or a part thereof, as the case may be.
(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 received the same respectively.
69. It shall be lawful for the Court to allow to any executor or administrator, including an administrator appointed 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 administrator 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.
Allowance of remuneration to executor or administrator.
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 deceased person according to the law of his domicile, it shall be lawful for the Court, in its discretion, 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.
Proof of law as to administration of property of deceased person.