"and all the rest and residue of the said goods, chattels, credits, and effects which shall be found from time to time remaining upon the sand administration account, the same being first examined and allowed of by the said Supreme Court of Hongkong, shall and do pay and dispose of in a due course of administration, or in such manner as the said Court shall direct, then this obligation to be void, and of none effect, or else to be and remain in full force and virtue." And in case it shall be necessary to put the said bond in suit, for the sake of obtaining the effect thereof for the benefit of such person or persons as shall appear to the said Court to be interested therein, such person or persons from time to time giving satisfactory security for paying all such costs as shall arise from the said suit, or any part thereof, such person or persons shall, by order of the said Court, be allowed to sue the same in the name of the Attorney General for the time being of the said Colony, and the said bond shall not be sued in any other Court.
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19. And be it further enacted and ordained, That the said Supreme Court shall fix certain periods when all persons to whom probates of wills and letters of administration shall be granted by the said Court shall from time to time, until the effects of the deceased persons shall be fully administered, pass their accounts relating thereto before the said Court; and in case the effects of the deceased shall not be fully administered within the time for that purpose to be fixed by the said Court, then, or at any earlier time if the said Court shall see fit so to direct, the person or persons to whom such probate or administration shall be granted shall pay, deposit, and dispose of the balance of money belonging to the estate of the deceased then in his, her, or their hands, and all money which shall afterwards come into his, her, or their hands, and also all precious stones, jewels, bonds, bills, and securities belonging to the estate of the deceased, in such manner, and unto such persons, as the said Court shall direct, for safe custody; and the said Court shall from time to time make such order as shall be just for the due administration of such assets, and for the payment or remittance thereof, or any part thereof, as occasion shall require, to or for the use of any person or persons, whether resident, or non-resident in the said Colony and its dependencies who may be entitled thereto, or any part thereof, as creditors, legatees, or next of kin, or by any other right or title whatsoever.
20. And be it further enacted and ordained, That it shall and may be lawful for the said Supreme Court, to allow to any executor or administrator of the effects of any deceased person (except as herein mentioned) such commission, or percentage out of their assets, as shall be just and reasonable, for their pains and trouble therein; Provided always, that no allowance whatever shall be made for the pains and trouble of any executor or administrator who shall neglect to pass his accounts at such time, or to dispose of any money, goods, chattels, or securities with which he shall be chargeable in such manner, as in pursuance of any general or special rule or order of the said Court shall be requisite; and, moreover, every such executor or administrator, so neglecting to pass his accounts, or to dispose of any such money, goods, chattels, or securities with which he shall be chargeable, shall be charged with interest, at the rate current within the said Colony and its dependencies for such sum and sums of money as from time to time shall have been in his hands, whether he shall, or shall not make interest thereof.
21. And be it further enacted and ordained, That where letters of administration, or ad colligenda bona, have been granted to the Registrar under the statute of the 39th and 40th Geo-3, or otherwise as Registrar, he shall within fourteen days after receiving any money belonging to any estate to the amount of 190 Dollars, clear of all just allowances and deductions for commission, pay the same into the hands of the Colonial Treasurer to the credit of the said estate, unless the Chief Justice, upon a written statement of facts, shall report that it will be more expedient for the said estate to be otherwise held or disposed of; and such Treasurer shall receive from the Registrar, as administrator as aforesaid under the statute, all such sums of money as he shall tender to him, and shall carry the same to the credit of such estates as the said Registrar shall specify, giving him at the same time a receipt for the specific sums so paid in; whenever the said Registrar shall have occasion to draw any sum of money out of the hands of such Treasurer, he shall apply by petition to the Court, or to the Chief Justice at Chambers, for an order for the payment thereof, stating, in such petition, for what such money is required, and such Treasurer shall not pay over any monies which may have been paid into his hands as aforesaid without such order.
22. And be it further enacted and ordained, That the said Supreme Court shall be a Court of Vice-Admiralty jurisdiction, and shall have, and possess the same power, authority, and jurisdiction, as is had, and possessed, by other Courts of Vice-Admiralty abroad.
23. And be it further enacted and ordained, That it shall be lawful for the said Supreme Court to have and exercise within the said Colony of Hongkong and its dependencies all such powers, jurisdiction, and authority, over Her Majesty's subjects within the dominions of the Emperor of China, or within any ship or vessel at a distance of not more than one hundred miles from the Coast of China, as by any Ordinance of His Excellency the Superintendent of the Trade of British Subjects in China hath been, or shall be, given.
24. And be it further enacted and ordained, That it shall be lawful for the said Supreme Court to make and prescribe such rules and orders, touching the times and place of holding the Court, form of process, pleadings, and other business and proceedings of the said Court, and of the fees payable therein, as to the said Court shall seem fit, and such rules and orders, from time to time, to alter, amend, or revoke, as occasion may require; and also that it shall be lawful for the said Court to alter or revoke any rule or regulation, contained in this Ordinance, touching the aforesaid matters.
25. And be it further enacted and ordained, That there shall be four terms in each year for the despatch of the civil business of the said Supreme Court, and the said terms shall be the months of January, March, May, and November, and shall commence on the first, and terminate on the last day of the said months respectively; Provided, that whenever it shall happen that any of the said months shall commence, or end, upon a Sunday, the term shall commence on the Monday following, or end on the Saturday preceding.
26. And be it further enacted and ordained, That there shall be four Sittings in every year for the trial of all civil causes and actions, and for the hearing and determining of all matters of complaint under the summary jurisdiction of the said Supreme Court, as hereinafter provided; and such Sittings shall commence on the 1st day of February, 1st day of April, the 1st day of October, and the 1st day of December, and shall terminate on the 14th day of each of such months respectively: Provided, that whenever either of the said days shall commence, or end, upon a Sunday the Sittings shall commence on the Monday following, and end on the Saturday preceding: Provided also, that if at any time it shall appear to the Chief Justice of the said Court necessary or expedient that the court should sit for the purposes aforesaid at any other or different periods, it shall be lawful for the said Chief Justice so to do, upon giving reasonable notice thereof.
27. And be it further enacted and ordained, That there shall be four sessions in every year for the despatch of the Criminal business of the said Supreme Court; the said sessions to commence on the 15th day of February, the 15th day of April, the 15th day of October, and the 15th of December, in every year, and shall terminate on the last day of each of such months respectively. Provided, that whenever either of the said days shall happen to commence, or end, upon a Sunday, the sessions shall commence on the Monday following, and end on the Saturday preceding: Provided also, that if at any time it shall appear to the Chief Justice of the said Court necessary or expedient that a Criminal session should be held at any other or different period, it shall be lawful for the said Chief Justice so to hold the same, upon giving reasonable notice thereof.
28. And be it further enacted and ordained, That the Chief Justice of the said Supreme Court shall attend at Chambers, at such times, and so often as occasion shall require, (except during the months of June, July, August, and September,) for the purpose of hearing parties upon summonses, hearing applications for time, leave to amend, and such other matters as may be brought before him by any Rule or Order of the said Court; and that the mode of procuring the attendance of any party before the said Chief Justice at Chambers, shall be by summons, to be taken out from the Registrar's Office, which summons shall state the names and description of the parties, and the object of the attendance, and shall be signed by the Registrar or his Deputy.
29. And be it further enacted and ordained, That the Offices of the said Supreme Court shall be open every day during term, between the hours of ten in the morning, and four in the afternoon, and out of term, between the hours of ten in the morning, and three in the afternoon, except upon Sundays, and the holidays hereinafter mentioned, and the months of June, July, August, and September, for the issuing of processes, the filing of affidavits, petitions, declarations, pleas, answers, and other pleadings, and granting copies thereof, and for doing and performing all other necessary acts, duties, and things in the said offices; and the holidays in the said offices shall be New year's day, Good Friday, Easter Monday, Her Majesty's Birth day, Ascension day, Whit Monday, the anniversary of Her Majesty's Coronation, and Christmas day, and the day after.
30. And be it further enacted and ordained, That all suits and actions of a common law nature, shall be commenced in the said Supreme Court by summons, or other process in the nature of a writ of summons; and that at the time of issuing such writ of summons the plaintiff shall lodge, with the Registrar of the Court, a short statement, or abstract, in writing, of the cause of action, and the Registrar of the Court shall indorse, on the back of such writ of summons, the amount of the debt or damages sought to be recovered, together with the sum due for costs: and in every suit or action which shall be hereafter commenced in the said Court, where the Plaintiff shall complain by Attorney, the Attorney of the party complaining shall, before any process is sued out to compel the appearance of any person to answer any complaint or demand, file his warrant or authority to sue, signed by the party complaining, with the Registrar of the said Court.
31. Provided always, and be it further enacted and ordained, That if any person shall have a claim, or ground of action, of whatever nature, against any other person who shall be about to leave the Colony, or who may reasonably be suspected of ...
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