807
provisions of this Ordinance as to claims thereto after such transfer: Provided that where advertisement is required by section 4 no such direction shall be given until a certificate has been furnished to the Governor by the Official Administrator to the effect that due advertisement has been made as required by that section and that the period of five years from the publication thereof has expired and that, so far as is known to him, no further claim can reasonably be expected against the estate.
6. Where any unclaimed balance paid into the Treasury Interest on or into the account of the Government under the provisions certain of section amounts to one hundred dollars or upwards, unclaimed
the same shall bear interest at the like rate as shall for the time being be allowed by the Treasurer in respect of sums deposited with him bearing interest.
balances.
7.-(1) When any sum of money, other than the Transfer of balance of an intestate estate, remains for a period of five unclaimed years or longer unclaimed in the Supreme Court, it shall moneys in be lawful for the court, on the application of the Registrar,
the Supreme Court. to order such sum to be paid over to the Treasurer for transfer to the general revenue of the Colony.
(2) Before making any such order the court may direct that such notice (if any) as it deems necessary shall be given and to such parties as it may think fit.
8. Every transfer to the general revenue under the Refund of foregoing provisions of this Ordinance shall be subject to transferred the provisions hereinafter contained as to refund.
balances.
9. It shall be lawful for any claimant to any money Application transferred to the general revenue under the provisions of for refund of this Ordinance or of the Unclaimed Balances Ordinance, money trans- 1885, to present a petition in that behalf to the Supreme ferred, Court against the Attorney General as respond cut thereto; and if the claimant proves his claim to the satisfaction of the Court, it shall make an order declaring him entitled thereto. Any such order shall be served on the Treasurer, who shall comply therewith. No such order as aforesaid shall entitle the claimant to any interest upon any money transferred to the general revenue after the date of such transfer.
10. The Governor in Council may entertain any moral Moral claims. claim (s distinguished from any legal or equitable claim) and in any case where the funds of the estate are less than one hundred dollars in value any legal or equitable claim. Any such claim may be submitted to him by petition in writing by any person, praying for payment of any sum of money which may have been transferred to the general revenue, and upon such petition it shall be lawful for the Governor in Council to order that such sum or any portion thereof be paid by the Treasurer to such person as is men- tioned in the order.
11. Any order made under section 10 shall be a bar to the extent of any payment made under such order to any subsequent claim against the Crown.
Effect of refund on moral claims.
12. The general revenue shall be applicable to any Charging of payment ordered to be made under this Ordinance.
general
revenue.
13. Section 25 of the Probates Ordinance, 1897, is Amendment amended by the repeal of the proviso at the end thereof.
of Ordinance No. 2 of 1897, s. 25.
14. The Unclaimed repealed.
Balances Ordinance, 1885, is Repeal of
Ordinance
No. 1 of
1885.
No comments yet.
Private notes are available after approval.