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Court to fix Periods at which Accounts shall be passed.
made to Executors or Administrators.
COLONIAL ORDINANCES.
General for the Time being of the said Colony, and the said Bond shall not be sued in any other Manner,
XX. 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.
Allowances to be XXI. 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 l'er Centage 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 charge- able, 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 then 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.
Payment of Money into Treasury.
39 & 40 Geo. 3, c. 70. s. 21.
XXII. And be it further enacted and ordained: That where Letters of Administration or “ad colligenda bond” have been granted to the Registrar under an Act of Parliament passed at a Session holden in the 30th & 40th Years of the Reign of King George the Third, intituled An Act for establishing further Regulations for the Government of the British Territories in India, and the better Adminis- tration of Justice within the same, or otherwise as Registrar, he shall, within Fourteen Days after receiving any Money belonging to any Estate to the Amount of One Hundred Dollars, clear of all just Allowances and Deductions for Commission, pay the same into the
Ilands
9o VICTORIE.-No 6 or 1845.
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 other- wise 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 Reccipt for the specific Sums so paid in; and 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 the Purpose for which such Money is required; and such Treasurer shall not pay over any Moneys which may have been paid into his Hands as aforesaid without such Order.
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and to make Rules and
XXIII. And be it further enacted and ordained, That it shall be Power to regulate lawful for the said Supreme Court to make and prescribe such Rules Sittings of the Court, and Orders, touching the Times and Place of holding the Court, Form Orders. 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.
to leave the
XXIV. And be it further enacted and ordained, That if any Arrest allowed in Person shall have a Claim or Ground of Action, of whatever Nature, about
case of Debtors being against any other Person who shall be about to leave the said Colony, Colony. and to proceed to Parts beyond the Jurisdiction of the said Supreme Court, or who may reasonably be suspected of an Intention so to do, either for the purpose of avoiding Process in such Action, or other- wise, whereby the Recovery of any Debt or Damages may be delayed, and the Party having such Claim or Ground of Action as aforesaid, or some Person on his Behalf, shall produce to the said Chief Justice an Affidavit of such his Right of Action, and of the Intention of such other Party to leave the said Colony, and to proceed to Parts beyond the Jurisdiction of the said Court, and shall also state in such Affidavit the Grounds upon which he believes that the other Party is about to leave the said Colony as aforesaid,in such case it shall be lawful for the said Chief Justice, if he shall think fit, to order a Writ of Capias ad Respondendum, (in the Form given in the Schedule hereunto annexed, marked No. 1,) to be issued to take and arrest the Body of such other Party so about to leave the said Colony; in which said Writ the Amount of the Debt or Damages demanded, or the Value of the Property sought to be recovered, shall be truly specified, and the Costs and Charges of issuing the said Writ shall be indorsed thereon by the Registrar of the said Court; and of which said Writ the Sheriff, or his lawful Deputy, shall, upon any Arrest to be made
by virtue thereof, give to the Defendant a true Copy: Provided. Bail-bond. always, that if upon any such Arrest the Defendant shall give to the Sheriff reasonable Security by Bond or Obligation of the said De- fendant, and of one or more other Person or Persons having sufficient Property within the said Colony, as Surety or Sureties that the Defendant shall appear according to the Exigency of the said Writ, and shall also stand to, abide, and perform the Judgment of the said Court thereon, or render himself to the Prison of the said Court in F
Execution
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