466 ORDINANCE No. 8 OF 1860 .
Probate and Administration .
Court to be necessary or convenient to appoint some person to be the ad
ministrator of the personal estate of the deceased or of any part of such
personal estate , other than the person who if this Ordinance had not been
passed would by law have been entitled to a grant of administration of
such personal estate , 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.
An executor 31. Whenever an executor appointed in a will survives the testator
not acting or
not appearing but dies without having taken probate or being cited to take probate
to a citation
to be treated does not appear to such citation the right of such person in respect of the
as if he had
renounced.; executorship shall wholly cease and the representation to the testator
and the administration of his effects shall go , devolve, and be committed
in like manner as if such person had not been appointed executor.
*
Provisions of 32. The provisions of an Act passed in the twenty- eighth year of
38 Geo. III.
e. 87 extend His Majesty King George the Third, chapter eighty- seven , shall be ex
ed to all cases
of executors tended to all executors and administrators residing out of the jurisdiction
and adminis
trator resid of Her Majesty's said Supreme Court of Hongkong whether it be or be
ing out of
jurisdiction . not intended to institute proceedings on the Equity side of the said Su
[* Thirty preme Court and it shall be lawful to alter the language of the grant
eighth.]
prescribed by the said Statute so as to make it apply to grants made in
the said Supreme Court in its Probate Jurisdiction under this Ordinance.
After grant 33. After any grant of administration , no person shall have power
of adminis
tration no to sue or prosecute any suit, or otherwise act as executor of the deceased ,
person to
have power as to the personal estate comprised in or affected by such grant of ad
to sue as an
executor. ministration , until such administration shall have been recalled or revoked.
Revocation of 34. Where before the revocation of any temporary administration
temporary
grants not to any proceedings at Law or in Equity have been commenced in the said
prejudice ac
tions or suits. Supreme Court by or against any administrator so appointed , the Court
in its Probate Jurisdiction 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 consequent there
upon, and that the proceedings shall be continued in the name ofthe new
executor or administrator 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 the Court may
direct.