202744-1933-Supplementary-Draft-Bills--Code-of-Civil-Procedure-Amendment-No-2--Probates-Amendment — Page 5

Amendment

of Ordin- ance No. 2 of 1897,

s. 61.

Substitution for Ordin-

ance No. 2

of 1897, s. 64 and heading.

Summary

administra-

tion of

estates of subordinate police and prisons officers.

Amendment of Ordin- ance No. 2 of 1897, s. 65.

Ordinance No. 5 of 1929, s. 4.

634

11. Section 61 of the Probates Ordinance, 1897, is amended by the insertion of the words "in the Colony” after the words "whole estate" in sub-sections (1) and (3) thereof.

12. Section 64 of the Probates Ordinance, 1897, and the heading thereto are repealed and the following heading

and section are substituted:

Estates of subordinate police and prisons officers.

64.--(1) Any person employed in the police force, not above the rank of sub-inspector, and any person employed in the Prisons Department, not above the rank of principal warder, who shall die whilst so employed, shall not be deemed to be within the meaning of the preceding provi- sions of this Ordinance.

(2) The Inspector General of Police and the Superintendent. of Prisons respectively are hereby constituted administrators of the estates of such persons in their departments and are required, without any legal formality, to get in and admin- ister the same, and, within one month after the death of any such person, to certify the same and the amount there- of to the Registrar of the court for registration in the court, and to pay over to the Treasurer the balance of every such estate, after payment of all lawful claims against the same.

(3) It shall be lawful for the Colonial Secretary, in his discretion, on the application of the Inspector General of Police or the Superintendent of Prisons, as the case may be, to sign an order upon the Treasurer for the payment of the whole or any part of such balance to such person or 'person as may appear to him, to be entitled thereto, and

the Treasurer shall comply with such order.

13. Sub-sections (2) and (3) of section 65 of the Pro- bates Ordinance, 1897, are renumbered as sub-sections (4) and (5) respectively, and the following sub-sections shall be inserted at the end of sub-section (1):

(2) Where such goods and effects have been handed over to, or taken possession of by, the Official Administrator, he may after such enquiry as he may think sufficient, dis- tribute them, in such manner as he may consider just and convenient, amongst the persons who may appear to him, in his discretion, to be entitled thereto or if he can find no such persons within six months of the time when the goods and effects come into his hands, then he shall sell them and pay the proceeds of sale into the Treasury, to a special account to be there kept for that purpose, or into the account of the Government at such Bank as the Treasurer may direct.

(3) The provisions of the Unclaimed Balances Ordi- nance, 1929, shall apply to moneys paid into any account under this section as they do to any balance of an intestate estate under section 19.

Objects and Reasons.

1. Section 2 adds two sub-sections to section 11 of the principal Ordinance. The new sub-section (3) authorising the Official Administrator to employ a solicitor or other agent with the sanction of the court is derived from sec- tions 24 (10) and 61 (c) of Ordinance No. 10 of 1931.

Page 5Page 6