refusing to
give up such Property.
No Action strull te
brongit
coure:ding or perty as aforesaid, or shall destroy, conceal or refuse to yield up the same on Demoud to the Official Administrator, shall be guilty of a Misdemeanor and shall be liable, on Summary Conviction thereof before a Magistrate, to a Fine not exceeding Five hundred Dollars with or without Imprisonment, not exceeding Six Months. VI. No Action shall be brought against the Official Adminis- trator for anything done by him in relation to such Property under the Authority or in the Execution or intended Execution of the tal Admi- Powers vested in him by Section IV, but any Person who shall feel aggrieved thereby nay apply for Redress to the Supreme Court in its Probate Juristliction by Summary Petition verified mpou Oath or Declaration and upon the Hearing of such Petition in Court or in Chambers, and whether in Vacation or not, the said Court may take such Evidence as it shall think fit, and may make Crder in relation to such Property which the Justice of the Case requires.
meist Here
nistrator. Rometty hy Petition.
Expenses
Mer. IV to he
HAY
VII. The Oficial Adroinistrator shall have a Lien upon all such incurred under Property for the reasonable Expenses incurred by him in respect thereof in carrying out the Provisions of Section IV, and sneh Expenses shall also constitute a primary Charge on the Estate of the Deceased.
# Churge nu
the Estate.
Production of
Person who shall find the same or in
Prof of
VII. When any Person shall die leaving a Will within the Will-by any Colony, the Persou in whose keeping it shall have been deposited or who shall find such Will after the Testator's Death, shall pro- dure and if required shall deliver the same to the Official Admi- whose keeping nistrator within Fourteen Days of the Death of the Testator or of it may be.
the Time when be shall have had Notice thereof, or from the Time of the finding of the Will, as the Caso may be, and any Person who shall fail to comply with the Provisions of this Section slll he guilty of a Misdemeanor and shall be liable upon Summary Conviction thereof, to a Fine not exceeding Five hundred Dollars. IX. Whenever any Person being a Native of China shall die Chinese Law. Intestate leaving Property within the Jurisdiction of the Supreme Court, and it shall be necessary to obtain Proof of the Law of thing for the Purpose of regulating the Administration of the Property of such decciseid Person according to the Law of his Donfeil, it shall be howful for the Supreme Court, in its Discretion, to receive in Evidence any written Statement of the Law of China, which shall be certified by any British Consul in China under his Official Seul to have been obtained by him from the Chinese Government for the Purposes of snch Administration, and with Reference to the Facts of the particular Case under Consideration. X. The Chief Justice may, from Time to Time, frame General frange General Rules or Orders to be approved by the Legislative Council, for the following Purposes, and with the like Approval, may rescind or vary the same:
Power to
Hules and
Orders.
The Rules and
1 For regulating the Practice and Procedure of the Supreme Court, and the several Forms of Petitions, Orders, and other Proceedings to be used in the Court in its Probate Jurisdiction.
2. I or regulating the Duties of the varions Officers of the
Supreme Court, in its Probate Jurisdiction.
3. For regulating the Fees payable and the Charges and Costs to be allowed with Respect to all Proceedings before the Supreme Court, in its Probate Jurisdiction.
4. For reprinting the Filing, Custoly, and Inspection of Re- conds, and generally for carrying the Provisions of Or- dinice No. 8 of 1860, and of this Ordinance into Effect. XI. If any Case should arise which shall not have been ex- Orders of the pressly provided for by the General Rules or Orders to he made Court of Proin Pursuance of the last preceding Section, but for which Provision bate in Eng has been made by the Rules or Orders for the Time being in Force, land may be
in the Court of Probate in England, the Court may, in its Discre- adopted in ceriafu Cases. tion, apply to such Case any of such last mentioned Rules and Orders, and until such General Rules and Orders shall have been anade as aforesaid, the Court may direct that the Rules and Orders now in Force or which may hereafter be in Force in the Court of Prubate in England or any Part thereof, and the Forias of Pro- eeedings in Use therein, or any of them, subject to their Applica- bility and with such Modifications as the Circumstances require, shall be fallowed and adopted in the Supreme Court in its Probate Jurisdiction.
Saving of
other Remr-
dies, &., for
Off-nces against this
Ordinance.
XII. Nothing herein contained shall affect any other Remedy or Punishment which may now by Taw exist for any Act done in Contravention of the Provisions of this Ordinance.
Passed the Legislative Council of Hongkong, this 19th Day of August, 1870.
HONGKONG.
21192
(REGo 20 DFC 79)
ANNO DECIMO OCTAVO VICTORIÆ REGINÆ.
No. 6 of 1854.
BY the Honourable Lieutenant-Colonel WILLIAM CAINE, Lieutenant-Governor administering the Government of the Colony of Hongkong and its Dependencies, with the Advice of the Legislative Council of Hongkong.
AN ORDINANCE TO PROVIDE FOR THE DISPOSAL OF UNCLAIMED BALANCES OF THE ESTATES OF PERSONS DYING INTESTATE WITHIN THE COLONY OF HONGKONG.
[31st October, 1854.] WHEREAS certain sums of money have been for many years past and now are lying in custody of the Officers in charge of the Public Treasure Vault of this Co. lony, which sums have been delivered to such custody by the official administrator of Intestate Estates as unclaimed Balances of certain such Estates, after full satis- faction according to scheme of division of all claims proved against such Estates, and in pursuance of the terms of Ordinance No. 6 of 1845; and whereas it is ex- pedient to dispose of such sums of money for the public use and the benefit of this Colony :--
I. Be it therefore enacted and ordained by the Honorable the Lieutenant-Gover-
Title.
Preamble.
How Intestate
nor administering the Government of Hongkong, with the Advice of the Legislative Estates are to be Council thereof, that on the expiration of six years from the date of the decease of dealt with, when any Person dying Intestate, it shall be lawful for the Officer administering the Go- unclaimed for a vernment of this Colony to direct the payment of the unclaimed Balance of such period of six years. person's Estate into the hands of the Colonial Treasurer, for the general purposes
126
Official adminis
.
of the Colony, or the transfer of such Balance to the Public Funds held by the offi- cers in charge of the Treasure Vault, so that it may be rendered available for the public purposes of the Colony; Provided always that a certificate be given by the Official Administrator of Intestate Estates showing that due advertisement has been made trator's certificate for claims against such Estate, and for claims against such Balance of auch Estate, of advertisements. and that, so far as is known to such Official Administrator, no further claim can reasonably be expected against such Balance of such Estate.
II. And be it further enacted and ordained, that from and after the passing of this Ordinance all such Balances as have lain in the Treasure Vault of the Colony for a unclaimed Balan- to be dealt longer period than six years, shall and may be at once appropriated by the Officer with. administering the Government in manner aforesaid, after the production of the cer tificate of the Official Administrator of Intestate Estates to the effect above spe- cified.
How existing
Cos
As to confisca
Balances.
III. And be it further enacted and ordained, that at the expiration of the fifth year of such moneys remaining unclaimed, it shall be necessary for the Official Ad- tion of unclaimed ministrator to cause advertisements to be published both in this Colony and in the Mother Country of the deceased to the effect that if no claimant appear within twelve months to the funds in question, the Supreme Court of this Colony on motion made on that behalf by the Colonial Government will declare such funds confiscated for Colonial purposes, and that whether any claimant appear or not, the expenses attendant on such advertisements be deducted from the funds advertised.
chartered
IV. And be it further enacted and ordained, that it shall be lawful for the Officer Lodgment of un- administering the Government in his discretion to direct that all or any unclaimed claimed Balances Balances as aforesaid at any time previous to the expiration of six years as afore in a Bank. said, be lodged in a chartered Bank within this Colony, at such rate of interest as may be procurable, and that the amount of such interest shall be added to, and con- sidered portion of such unciaimed Balance as aforesaid.
V. And be it further enacted and ordained, that this Ordinance shall not come into Suspending clause. operation until Her Majesty's Pleasure shall be known with respect thereto.
Passed the Legislative Council of Hongkong,
this 31st Day of October, 1854.
L. D'ALMADA & Castro,
Clerk of Councils.
W. CAINE.
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