559527-1928-Rules-made-by-the-Chief-Justice-under-section-4-of-the-Suitors-Funds-Ordinance-1896 — Page 4

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 14, 1928. 413

10.—(1) When funds in court are by an order directed to be paid, transferred or delivered to any person named or described in an order or in a certificate of the Regis- trar (except to a person therein expressed to be entitled to such funds as trustee, execu- tor or administrator, or otherwise than in his own right or for his own use), such funds or any portion thereof for the time being remaining unpaid or untransferred or undelivered may, unless the order otherwise directs, on proof of the death of such person whether on or after the date of such order or in the case of payment directed to be made to a creditor as such before the date of such order, be paid or transferred or delivered to the legal personal representatives of such deceased person or to the survivors or survivor of them.

(2) If no administration has been taken out to such deceased person who has died intestate and whose assets do not exceed the value of $500 including the amount of the funds directed to be so paid, transferred or delivered to him such funds may be paid, transferred or delivered to the person who being widow, child, father, mother, brother or sister of the deceased would be entitled to take out administration to his estate upon a declaration by such person in Form No. 7 in the Schedule to these rules.

(3) When funds in court are by an order directed to be paid, transferred or delivered to any persons as legal personal representatives, such funds or any portion thereof for the time being remaining unpaid, untransferred or undelivered may, upon proof of the death of any of such representatives, whether on or after the date of such order, be paid, transferred or delivered to the survivors or survivor of them.

(4) No funds shall under this rule be paid, transferred or delivered out of court to the legal personal representatives of any person under any probate or letters of adminis- tration purporting to be granted at any time subsequent to the expiration of two years from the date of the order directing such payment, transfer or delivery, or in case such funds consist of interest or dividend, from the date of the last receipt of such interest or dividends under such order.

11.--(1) Every order which directs funds in court to be paid, transferred or de- livered out shall set forth in full the name of every person to whom such payr

yment, transfer or delivery is to be made unless the name is to be stated in a certificate of the Registrar. In the case of payment to a firm, it shall be sufficient to state the business. name of such firm.

(2) When money in court is by an order directed to be paid to any persons described in the order or in a certificate of the Registrar as co-partners, such money may be paid to any one or more of such co-partners or to the survivor of them.

12. When money lodged in court is by an order directed to be invested, the party having the carriage of the order shall lodge with the Registrar a request in writing for the investment to be effected and the Registrar shall thereupon procure the investment of such money in the manner directed by the order. The order shall set forth the name or the name of the office of the person in whose name such money is directed to be invested.

13. When money in court is by an order directed to be dealt with otherwise than by lodgment, withdrawal, transfer or investment, the party having the carriage of the order shall lodge with the Registrar a request in writing for the money to be dealt with in the terms of the order, and the Registrar shall thereupon act in accordance with such order.

14. When funds in court are ordered to be carried over to a separate account, the title of the ledger credit to be opened for the purpose shall commence with the title of the cause or matter to which such funds are standing.