202819-1933-Supplementary-Bills-read-a-first-time--Supreme-Court-Amendment-Code-of-Civil-Procedure-Amendment-No-2--Probates-Amendment-Public-Works-Loan-Redemption — Page 7

Substitution

for Ordin- ance No. 2 of 1897,

s. 29.

Redress against action of Official Adminis- trator.

Amendment of Ordin- ance No. 2 of 1897, 8. 33.

Amendment of Ordin- ance No. 2 of 1897, s. 40.

Repeal of Ordinance No. 2 of 1897, ss. 55 and 56 and

heading.

Substitution for Ordin-

ance No. 2

of 1897, s. 59.

Allowance

of remunera- tion to

executor, adminis-

trator or attorney.

660

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 Section 29 of the Probates Ordinance, 1897, repealed and the following section is substituted :—

is

29. No action shall be brought against the Official Administrator for anything done by him in respect of the execution or the intended execution of any power vested in him by this Ordinance, or for anything done by him in 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

and may

make thereupon take such evidence as it thinks fit, any order in relation to the matter which the justice of the case requires.

7. Section 33 of the Probates Ordinance, 1897, is amended by the repeal of the words "on his giving such security, if any, as the court may direct, and every such 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".

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

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 Sections 55 and 56 of the Probates Ordinance, 1897, and the heading thereto are repealed.

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 Section 59 of the Probates Ordinance, 1897, is repealed and the following section is substituted :-

59. It shall be lawful for the court to allow to any executor or administrator, including an administrator ap- pointed pendente lite as aforesaid, (or to a person acting under a power of attorney as attorney for an executor or administrator in the matter of the sealing of a probate or 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, 21% on the next $4000 and 1% on the balance of the gross value of all property of whatsoever nature administered.