PROBATE AND ADMINISTRATION ORDINANCE, 1896.
# ESTATE OF CERTAIN PERSONS.
## Power of limiting administration.
## Period for closing administration of estate.
## Commission chargeable.
## Application of provision of The Unclaimed Balances Ordinance, 1895.
## Keeping of books and copies of documents and accounts.
## Making of half-yearly returns.
(No. 8 of 1896, F. 16.)
(2) The preceding provisions of this section shall apply, with the necessary modifications, in the case of a person who dies testate, whether in this Colony or elsewhere, but without appointing an executor, or whose executor, if appointed, refuses, neglects, or is unable to act.
21. Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain administration of the estate of any person dying in the naval or military service of Her Majesty and subject to the Articles of War, or of any deceased seaman or apprentice for the administration of whose estate provision is made by any Act of Parliament for the time being in force, or of any person for the administration of whose estate special provision is otherwise made in Part V.
22. Any grant made to the Official Administrator under this Ordinance may be limited in respect of time or in any other respect as to the Court may seem fit.
23. Subject to the special direction of the Court to the contrary in any particular case, the Official Administrator shall bring the administration of every estate of which he has obtained administration to a close within the period fixed by law for that purpose in the case of an ordinary administrator.
24. A commission at the rate of five percent. per annum shall be chargeable on all moneys received or taken possession of, or realized or otherwise dealt with, by the Official Administrator under this Ordinance; and such commission shall be accounted for and paid over by the Official Administrator to the Colonial Treasurer for the public use of the Colony.
25. The provisions of The Unclaimed Balances Ordinance, 1885, relating to the payment into the Colonial Treasury by the Official Administrator of the unclaimed balances of the estates of persons dying intestate, and to the making of and dealing with claims in respect of such balances, shall, mutatis mutandis, apply to moneys received or taken possession of by the Official Administrator under the provisions of section 14 or of section 19 of this Ordinance: Provided that the periods of one year and five years mentioned in the said first-mentioned provisions shall in respect of such moneys be computed from the dates on which they were respectively received or taken possession of.
26. (1) The Official Administrator shall keep a general register of all estates under his administration, a cash book, and a ledger or account current book, and such other books as he may find necessary or such other or additional books as may be prescribed.
(2) He shall enter in books, to be kept by him for that purpose, separate and distinct accounts of each estate and of all property of every description which may come to his hands, and also of all payments made by him on account of each estate, specifying the dates of such receipts and payments respectively.
(3) Each such book shall be kept in the Registry, and shall be open during office hours for the inspection of any person who has occasion to inspect the same, on payment of the prescribed fee.
27. (1) The Official Administrator shall give to any person who applies for the same copies of all documents and accounts in his possession relating to any estate under his administration or to any property which he receives or of which he takes possession under this Ordinance, on payment of the prescribed fees.
(2) If any such copy is refused, the applicant may petition the Court in a summary way for an order on the Official Administrator to give such copy; and the costs of any such petition and order shall be paid by the Official Administrator, if the Court so directs.
28. The Official Administrator shall, on the expiration of each half-year, make out and furnish to the Chief Justice and to the Colonial Secretary a half-yearly return, according to the form contained in the First Schedule to this Ordinance, of all estates vested in or administered by him during the half-year then expired, and he shall from time to time pay into the hands of the Colonial Treasurer the balance remaining in respect of each such estate immediately after the same has been closed.
Page 631
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Saring a Lo
ESTATE of certain Petrone.
Power of limiting
VTALL.
Period for closing ad- mfultation of state.
Ceramtesian chargeable
Aya
received
Application
of provision
of The Un-
claimed
Bulonces
Ordinance,
1895, L Dys
Teorived ander W. Am. 19, No. 7 of 3880.
Keeping of
books of
*OTORLİ.
Girlog et copies of
dokuments
and accounts.
Making of
half-yearly
retuica.
(No. Ma 1500,
F. 16.)
Frit
Schedules
(2) The preceding provisions of this section shall apply, with the necessary modifications, in the case of a person who dies testate, whether in this Colony or elsewhere, but without appointing an executor, or whose executor, if appointed, refuses, neglects, or is unable to net.
21. Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain ad- ministration of the estate of any person dying in the naval or military service of Her Majesty and subject to the Art- icles of War, or of any deceased seaman or apprentice for the administration of whose estate provision is made by any Act of Parliament for the time being in force, or of any person for the administration of whose estate special provision is otherwise made in Part V.
22. Any grant made to the Official Administrator under this Ordinance may be limited in respect of time or in any other respect as to the Court may seem fit.
23. Subject to the special direction of the Court to the contrary in any particular case, the Official Administrator shall bring the alministration of every estate of which he has obtained administration to a close within the period fixed by law for that purpose in the case of an ordinary administrator.
24. A commission at the rate of five pertoeut. per annum shall be chargeable ou all moneys received or taken pos- session of, or realized or otherwise dealt with, by the Officiul Administrator under this Ordinance; and sucli commission shall be accounted for and paid over by the Ufficial Admini- strator to the Colonial Treasurer for the public use of the Colony.
25. The provisions of The Unclaimed Balances Ordi- nauce, 1885, relating to the payment into the Colonial Treasury by the Official Administrator of the unclaimed balances of the estates of persons dying intestate, and to the making of and dealing with claims in respect of such balances, shall, mutotis mutandis, apply to moueys received or taken possession of by the Official Administrator under the provisions of section 14 or of section 19 of this Ordi- nance: Provided that the periods of one year at five years mentioned in the said first-mentioned provisions shall in respect of such moneys he computed from the dates on which they were respectively received or taken possession of 26. (1) The Official Administrator shall keep a gene. ral register of all estates under his administration, a cash book, and a ledger or account current book, and such other books as he may find necessary or such other or additional books as may be prescribed.
(2.) He shall enter in books, to be kept by bim for that purpose, separate and distinct acconuts of each estate and of all property of every description which umy come to bis hands, and also of all payments made by him on account of each estare, specifying the dates of such receipts and payments respectively.
(3.) Each such book shall be kept in the Registry, and shall be open during office hours for the inspection of any person who has occasion to inspect the saine, on payment of the prescribed fec.
27.-(1.) The Official Administrator shall give to any person who applies for the same copies of all documents and accounts in his possession relating to any estate muder his administration or to my property which he receives or of which he takes possession under this Ordinance, ou pay- ment of the prescribed fees.
(2.) If any such copy is refused, the applienut may peti- tion the Court in a summary way for an order ou the Off- cial Administrator to give such copy; and the costs of ty such pethion and order shall be paid by the Official Ad- ministrator, if the Court so directs.
28. The Official Administrator shall, on the expiration of each half-year, inake out and furnish to the Chief Justice and to the Colonial Setrotury a half-yearly return, accord- ing to the form contained in the First Schedule to this Ordinance, of all estatos vested in or administered by him during the ball-year then expired, and he shall from time to time pay into the hands of the Colonial Treasurer the balance remaining in respect of each such estate immediately after the same has been closed.
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