Administration pending appeal.
Prohibition of exccutor acting pending ad- ministration. 1925, a 23, L. 15,
Rights and labilities of administrator. 1923, c. 23. 1. 20
Legal pro ceedings after revocation of temporary administration. 1925, e..23, 1. 17.
Caveats.
1925, c. 49, L. 154.
Power to require
administrators to produce sureties,
1925, c. 49, 1. 1670).
Effect of guarantec. 1925, c. 49, L. 16712).
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41. All the provisions of section 40 relating to grants of administration pending action shall be deemed to apply to the case of an appeal to Her Majesty in Council from any decision of the court.
42. Where administration has been granted in respect of any estate of a deceased person, no person shall have power to bring any action, or otherwise to act as executor of the deceased person in respect of the estate comprised in or affected by the grant. until the grant has been recalled or revokedl
43. Every person to whom administration of the estate of a deceased person is granted shall, subject to the limitations con- tained in the grant, have the same rights and liabilities and be accountable in like manner as if he were the executor of the deceased.
44. If, while any legal proceeding is pending in any court by or against an administrator to whom a temporary administration has been granted, that administration is revoked, that court may order that the proceeding be continued by or against the new personal representative in like manner as if the same bad been originally commenced by or against him, but subject to such conditions and variations, if any, as that court directs.
45. A caveat against a grant of probate or administration may be entered in the Registry.
46. As a condition of granting administration to any person the court may, subject to the provisions of section 47 and subject to and in accordance with probate rules and orders, require one or more sureties to guarantee that they will make good, withio any limit imposed by the court on the total liability of the surety or sureties, any loss which any person interested in the administra. tion of the estate of the deceased may suffer in consequence of a breach by the administrator of his duties as such,
47, (1) A guarantee given in pursuance of any requirement under section 46 shall ensure for the benefit of every person interested in the administration of the estate of the deceased as if contained in a contract under seal made by the surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly and severally.
(2) No action shall be brought on any such guarantee without the leave of the court.
(3) No sureties shall be required where administration is granted to the Official Administrator or to the consular officer of
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a State to which section 3 of the Consular Conventions Ordinance applies or in such other cases as may be prescribed by probate rules and orders.
PART IV.
SEALING OF GRANTS BY BRITISH COURTS OUTSIDE HONG KONG.
48. In this Part- "British court in a foreign country" means any British court having jurisdiction out of the Commonwealth in pursuance of an Order in Council;
"court of probate" means any court or authority, by whatever name designated, having jurisdiction in matters of probate; "probate" and "letters of administration" include confirmation in Scotland, and any instrument having in any other part of the Commonwealth the same effect which under English law is given to probate and letters of administration respectively; "estate duty" includes any duty payable on the value of the estate and effects for which probate or letters of administration is or are granted.
49. Where a court of probate in any part of the Common- wealth, or a British court in a foreign country, has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with, the court, be sealed with the seal of the court, and thereupon shall be of the like force and effect, and have the same operation in Hong Kong as if granted by that court.
50. The court shall, before sealing a probate or letters of administration under this Part, be satisfied that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in Hong Kong and may require such evidence if any as it thinks fit as to the domicile of the deceased person.
51. As a condition of sealing letters of administration under this Part, the court may exercise the powers conferred on the court by sections 46 and 47 in the same manner as if it were granting an administration under this Ordinance.
52. For the purposes of this Part, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original.
(Cap. 267.)
Interpretation.
Sealing of grants by British courts ouwide Hong Kong.
Conditions to be fulfilled before sealing.
Application of Rections 46 and 47.
Duplicate or
copy admissible.