202744-1933-Supplementary-Draft-Bills--Code-of-Civil-Procedure-Amendment-No-2--Probates-Amendment — Page 4

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cular estate, shall be chargeable on the gross value of all property of whatsoever nature received or taken possession of, or realised or otherwise dealt with, by the Official Ad- ministrator under this Ordinance.

6. Section 29 of the Probates Ordinance, 1897, is Substitution repealed and the following section is substituted :-

for Ordin- ance No. 2 of 1897, S. 29.

against

Adminis-

29. No action shall be brought against the Official Redress Administrator for anything done by him in respect of the action of execution or the intended execution of any power vested Official in him by this Ordinance, or for anything done by him in trator. the exercise of his office as administrator under any grant of letters of administration made to him under this Ordi- nance, if it was done bonâ fide; but any person who feels aggrieved thereby may apply for redress to the court by summary petition verified upon oath, and the court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires.

of Ordin-

8. 33.

7. Section 33 of the Probates Ordinance, 1897, is Amendment amended by the repeal of the words "on his giving such ance No. 2 security, if any, as the court may direct, and every such of 1897, administration may be limited in such manner as the court thinks fit" at the end thereof, and by the substitution therefor of the words on his giving such security, if any, as may be required under this Part or as the court may direct, and every such administration may be limited in such manner as the court thinks fit".

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8. Section 40 of the Probates Ordinance, 1897, is Amendment amended by the repeal of the proviso thereto.

of Ordin- ance No. 2

of 1897, s. 40.

9. Sections 55 and 56 of the Probates Ordinance, 1897, Repeal of and the heading thereto are repealed.

Ordinance No. 2 of 1897, ss. 55 and

56 and heading.

10. Section 59 of the Probates Ordinance, 1897, is Substitution repealed and the following section is substituted :-

for Ordin- ance No. 2

of 1897, s. 59.

any of remunera

Allowance

adminis-

59. It shall be lawful for the court to allow to executor or administrator, including an administrator ap- tion to pointed pendente lite as aforesaid, (or to a person acting executor, under a power of attorney as attorney for an executor or trator or administrator in the matter of the sealing of a probate or attorney. administration under Part VI, or in the matter of the realisa- tion and administration of an estate under a probate or ad- ministration so sealed) 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 or attorney who neglects to pass his accounts at such time, or to dis- pose of any moneys, 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: Provided also, that no such remuneration shall exceed 5% on the first $1000, 24% on the next $4000 and 1% on the balance of the gross value of all property of whatsoever nature administered.