202744-1933-Supplementary-Draft-Bills--Code-of-Civil-Procedure-Amendment-No-2--Probates-Amendment — Page 3

632

Short title.

Amendment

of Ordin- ance No. 2 of 1897, s. 11.

Substitution

for Ordin ance No. 2 of 1897, ss. 18 & 19.

Vesting of estate of deceased person in official adminis- trator.

Summary administra- tion of intestate estates not exceeding $250.

Amendment

of Ordin- ance No. 2 of 1897,

s. 20 (1).

Substitution for Ordin- ance No. 2

of 1897, s. 24.

Commission

on moneys received.

A BILL

INTITULED.

[No. 12 20:-.5.33.-2.]

An Ordinance to amend further the Probates Ordinance,

1897.

BE it enacted by the Governor of Hong Kong with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Probates Amend- ment Ordinance, 1933.

18

2. Section 11 of the Probates Ordinance, 1897, amended by the addition of the following sub-sections at the.end thereof :-

(3) The Official Administrator may employ a solicitor or other agent to do any business which may be sanctioned by the court.

(4) Applications by the Official Administrator to the court may be made personally, and without notice or other formality; but the court may in any case order that an application be renewed in a formal manner, and that such notice thereof be given to any person likely to be affected thereby as the court may direct.

3. Sections 18 and 19 of the Probates Ordinance, 1897, are repealed and the following sections are substituted:

18. Where any person dies, whether in the Colony or elsewhere, leaving estate in the Colony in respect of which he dies intestate, such estate shall vest in the Official Adminis- trator who may, if he thinks fit, receive and take possession of the same until administration is granted in respect thereof.

19. Where the whole of such estate does not, in the opinion of the Official Administrator, exceed in value the sum of two hundred and fifty dollars, it shall be lawful for him, if he thinks fit, without any legal formality, to get in and administer the same in a summary manner, for the benefit of the persons he may deem interested therein, with- out a grant or other legal formality.

4. Section 20 (1) of the Probates Ordinance, 1897,

following amended by the substitution of the word the word "follwing" in the first paragraph thereof.

is

for

5. Section 24 of the Probates Ordinance, 1897, is re- pealed and the following section is substituted:-

24. A commission at the rate of 5% on the first $1000, 21% on the next $4000 and 1% on the balance, or such lower rate or rates as the court may approve on the applica- tion of the Official Administrator in the case of any parti-