482
Justice power to frame rules for the fees to be taken subject to the approval of the Legislative Council.
Ordinance 10 of 1886 makes provision for certain estates under $500 in value and also for rules and orders as to fees in such cases to be made by the Chief Justice subject to the approval of the Legislative Council.
In practice, the regulations, a copy of which was enclosed in my letter No.65 of 5th January last, are carried out.
The Registrar as Official Administrator takes over the property of Intestates and administers the Estates collecting such sums as are due and making payments to such persons as may prove their claims against the Estates.
Sums of over $100 are not paid to the Treasurer, the whole amount being in the hands of the Court and there is seldom any order of the Court for the payments made out of Estates. It would appear therefore that the regulations now carried out are considered to override the Law but I do not myself think that as far as Intestate Estates are concerned the Governor had the power of ordering these regulations to be put in force.
The Acting Registrar of the Supreme Court informs me that it would be almost impossible to administer estates if the provisions of the Law were carried out and it appears to me therefore that the Law requires to be amended and that new regulations should be drawn up defining more clearly the powers of the Official Administrator as regards payments out.
482
Justice power to frame rules for the foes to be taken subject to the approval of the Legislative Council.
Ordinance 10 or 1686 makes provision for certain estates under $500 in value and also for rules and orders as to lees in such cases to be made by the Chief Just ce subject to the approval of the Legis- lative Council.
In practice, the regulations, a copy of which was enclosed in my lotter No.65 of 5th January last, are carried out.
The Registrar as Official Administrator tales over the property of Intestants and administers the B- tatos collecting such sums &3 are due and making payments to such persons as may prove their claims against the Estatos.
Suns of over $100 are not paid to the Trea surer the whol› amount being in the hands of the Court and there is seldom any order of the Court for the payments made out of Babates. It would up, gar therefore thatthe regulations now carried out are considered to override the Law but I do not myself think that as far as Intestate Estates are con- cerned the Governor had the power of ordering these regulations to be put in forço.
The Acting Registrar or the Supreme Court informs me that it would be almost impossible to Bi- minister estates if the provisions of the Laws were carried out und it appears to me therefore that the
Law requires to be amended and that new regulations should be drawn up defining more clearly the Jowers of the Official Administrator as regards payments out
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