(3.) Nothing in this section shall prejudice the right of any creditor or claimant to follow the assets, or any part thereof, into the hands of any persons who may have received the same respectively.
59. It shall be lawful for the Court to allow to any executor or administrator, including an administrator appointed pendente lite as aforesaid, such remuneration out of the estate of the deceased person as may be just and reasonable for his pains and trouble therein: Provided that no allowance whatever shall be made to any executor or administrator who neglects to pass his accounts at such time, or to dispose of any movers, goods, chattels, or securities with which he is chargeable in such manner, as, in pursuance of any rule or order or practice of the Court, may be requisite.
60. Whenever any person who is a native of China dies intestate leaving property within the jurisdiction of the Court, and it is necessary to obtain proof of the law of China for the purpose of regulating the administration of the property of such deceased person according to the law of his domicile, it shall be lawful for the Court, in its discretion, to receive in evidence any written statement of the law of China which is certified by any British Consular Officer in China under his official seal to have been obtained by him from an officer of the Chinese Government for the purposes of such administration and with reference to the facts of the particular case under consideration, and thereafter to act upon such written statement in such manner as it thinks fit.
Allowance of remuneration to executor or administrator (No. 8 of 1880, s. 29.)
Proof of Chinese law as to administration of property of deceased (No. 5 of 1976, s. 2)
PART V.
SPECIAL AND EXCEPTED CASES.
Estates of Small Value.
61. (1) Where the whole estate of any person dying intestate in the Colony does not exceed in value the sum of five hundred dollars, his widow, or any one or more of his children, as the case may be, (provided such widow or child or children respectively is or are resident in the Colony), or if such person is a widow, any one or more of her children (provided such child or children is or are resident in the Colony), may make application in that behalf to the Registrar, and the Registrar shall fill up the usual papers required by the Court to lead to a grant of administration of the estate of the intestate, and shall swear or declare the applicant and attest the execution of the administration bond required according to the practice of the Court; and he shall also in due course make out and seal the letters of administration of the estate of the intestate and deliver them to the applicant, without payment of any fee except as is provided by this section.
(2.) The Registrar may require such proof as he may think sufficient to establish the identity and relationship of the applicant.
(3.) If the Registrar has reason to believe that the whole estate of which the intestate died possessed exceeds in value the sum of five hundred dollars, he shall refuse to proceed with the application until he is satisfied that such value is below that amount.
(4.) An applicant under this section shall not be required by any table of fees framed under this Ordinance to pay a greater amount of fees than the amount applicable to the case which is mentioned in the Second Schedule to this Ordinance.
(5.) Nothing in this section shall be construed to affect any duty for the time being payable by law on administrations.
Summary procedure for administration of estate of person dying intestate under $500 (No. 10 of 1896, s. 7.)
Small Sums payable by Public Departments to Deceased Persons.
62.(1.) On the death of any person to whom any sum of money not exceeding five hundred dollars is payable by a public department within the Colony in respect of civil pay or allowances or annuities granted either under the authority of Her Majesty's Government or of the Government of the Colony, it shall be lawful for the Colonial Treasurer, on being satisfied of the expediency of dispensing with probate or administration, to authorize the payment of such sum to such person or persons as the Colonial Treasurer may consider entitled thereto, without requiring the production of probate or administration.
Power to pay to persons entitled sums under $500 payable by public department to deceased person. (No. 1 of 1885, s. 1)
Page 636
1
(3.) Nothing in this section shall prejudies the right of any creditor or claimant to follow the assets, or any part thereof, into the hands of any persons who may have re- ceived the same respectively.
59. It shall be lawful for the Court to allow to any executor or administrator, including an administrator ap- pointed pendente life as aforesaid, such remuneration out of the estate of the deceased person as may be just and reasonable for his pains and trouble therein: Provided that no allowance whatever shall be made to any exentor or nd- ministrator who neglects to pass his accounts at such time, or to dispose of any mouers, goods, chattels, or securities with which he is chargeable in such manner, as, in pursuance of any rule or order or practice of the Court, may be requisite.
60. Whenever any person who is a native of Chinn dies intostate leaving property within the jurisdiction of the Court, and it is necessary to obtain proof of the law of China for the purpose of regulating the administration of the property of such deceased person according to the law of his domicile, it shall be lawful for the Court, in its dis- cretion, to receive in evidence any written statement of the law of China which is certified by auy British Consular Officer in China under his official seal to have been obtained by him from an officer of the Chinese Government for the purposes of such administration and with reference to the facts of the particular case under consideration, and there- after to act upon such written statement in such manner as it thinks fit.
Allowance of Matuan erasion to exsenter OT. administrster (No. 8 of 180D,
. 29.)
Proof of Chinese law AR to adminers- tlow of prejestr
of decessed
No. of 1976,
peract
1.7.7
PART V.
SPECIAL AND EXCEPTED CASES.
Estates of Small Vulue,
61. (1) Where the whole estate of any person dying intestate in the Colony does not exceed in value the sum of five hundred dollars, his widow, or any one or more of his children, as the case may be, (provided such widow or child or children respectively is or are resident in the Colony), or if such person is a widow, any one or more of her children (provided such child or children is or are resident in the Colony), may make application in that behalf to the Re- gistrar, and the Registrar shall fill up the usual papers required by the Court to load to a grant of administration of the estate of the intestate, and shall swear or declare the applicant and attest the execution of the administration bond required according to the practice of the Court; and he shall also in due course make out and seal the letters of adminis- tration of the estare of the intestate and deliver them to the applicant, without payment of any fee except as is provided by this section.
(2.) The Registrar may require such proof as he way think sufficient to establish the identity and relationship of the applicant.
(3.) If the Registrar has reasou to believe that the whole estate of which the intestate died possessed exceeds in value the sum of five hundred dollars, he shall refuse to proceed with the application until be is satisfied that such value is below that amount.
(4.) An applicant under this sectiou shall not be required by any table of fees frumed under this Ordinance to pay
a greater amount of fees than the amount applicable to the case which is mentioned in the Second Schedule to this Ordinance.
(5.) Nothing in this section shall be construed to affect any duty for the time being payable by law on adminis-
trations.
Smull Sums payable by Public Departments to Deceased Persons.
82.-(1.) On the death of any person to whom any sum of money not exceeding five midred dollars is payable by a public department within the Colony in respect of civil pay or allowances or ananities granted either under the authority of Her Majesty's Government or of the Gov- ernment of the Colony, it shall be lawful for the Colonial Treasurer, on being satisfied of the expediency of dispensing with probate or adininistration, to authorize the payment of such sum to such person or persons as the Colonial Trea- surer may consider entitled thereto, without requiring the production of probate or administration.
Aummary procedure for Alicia:TH- tion of estate of person dṣing intra-
tate under $500 AIR,
No. 10 of 1696,
JXJy Vict
e. $7.)
Second
Schedule
Power to pay to perecra entitled auÔNE
Under $500 payable
try paste department To de cased persen. (No i of 1985,
B. 1)
9
636
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