566527-1929-Supplementary-Drall-Bills--Unclainest-Balance-Bankraptey-Amendment-Supreme-Court-Amendment — Page 3

Ordinance

No. 1 of 1885.

Charging of generad!

revende.

Saving

Ordinance

116

revenne under the provisions of this Ordinance, or of the Unclaimed Balances Ordinance, 1885, and upon such peti- tion it shall be lawful for the Governor in Conneil to order that such sum or any portion thereof be paid by the Treasurer to such person as is mentioned in the order.

12. The general revenue shall be applicable to any payment ordered to be made under this Ordinance.

13. Nothing in this Ordinance shali affect any of the provisions of the Bankruptey Ordinace, 1831, with No. 7 of 1891, regard to unelaime! dividends and funds in bankruptcy

proceedings.

Repeal of Ordinance No. 1 of 1885.

14. The Unclaimed Balances Ordinance, 1885, is repealed.

Repert of Ordinance No. 2 of 1897, s. 25.

15. Section 25 of the Probates Ordinance, 1897, is repealed.

Objects and Reasons.

1. The Unclaimed Balances Ordinance, 1885, Ordinanec No. 1 of 1885, provides for the transfer to the general revenue of the Colony of the following:

(a) All sums of money, which, at the commencement of the Ordinance, had remained unclaimed in the Treasury for at least five years.

() All sums of money, other than balances of intestates estates, which after the commencement of the Ordinance remain unclaimed in the Treasury for at least five years.

(e) Under certain conditions, the balances of intes- tates estates administered by the Official Admi- nistrator.

(d) Under certain conditions, sums of money, other than balances of intestates estates, which remain unclaimed in the Supreme Court for at least five years.

2. To enable sums under class (c), the balances of intestates estates, to be transferred, certain advertisements are necessary, except where the funds of the estate are less than $20 in value, and these advertisements have to state that the funds remaining from the estate will be transferred to the general revenue if no claim is made within five years from the death of the deceased. No provision is made to meet cases in which the necessary advertisements are not made, or in which administration is not obtained, within five years from the death of the intestate. Such cases have occurred, and there would appear to be no machinery whereby due advertisement can now be made, so that the money, if unclaimed, may be transferred to the general revenue of the Colony.

3. Further, no provision is made for the transfer to the general revenue of sums which remain unclaimed in the hands of some officer other than the Treasurer.

4. The object of the present Ordinance is to meet these points.

5. Section 2 is inserted in order to make it quite clear that the Official Administrator, Official Receiver and Official Trustee are officers of the Government for the purposes of this Ordinance, though they deal with non- Government money.