610217-1928-Supplementary-Draft-Bill--Unclaimed-Balances — Page 4

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(e) By clause 4 the official administrator, is, if the next of kin are not known to him, to cause advertisement to be published in the Colony and, if he considers it desirable, also in any place where it appears probable that persons entitled to share in the residue of the estate may be found.

This gets rid of the term "mother country" and substitutes for it the place where the adver- tisement is most likely to be effective.

The period allowed for the claim is five years from the date of the advertisement.

(d) The official administrator is by clause 5 to pay unclaimed balances either into the Treasury or under the direction of the Treasurer into an account of the Government at a named bank.

The Governor has power to direct such sums to be transferred to the general revenue of the Colony but in the case of a balance amounting to $100 or upwards this power can only be exercised on production of a certificate by the official administrator that the advertisements required have been published and that five years have elapsed since such advertisements and that no further claim can reasonably be expected.

(e) Provision is made by clause 6 for interest to be

added to the principal.

This clause does not apply if the balance be less than one hundred dollars.

(f) Provision is made by clause 7 for the transfer to general revenue of unclaimed balances, other than those of intestate estates, remaining in the Supreme Court for five years or longer, and the Court is empowered to require notice to such parties as it may think fit.

(g) Provisions are made by clauses 8, 9, and 10 for the refunding of sums of money transferred to the general revenue of the Colony; and the Governor in Council has power to entertain moral claims respecting the same and also legal or equitable claims where the amount is less than one hundred dollars.

Any payment under any order made by the Governor in Council is a bar to the extent of such payment in any subsequent claim against the Crown. (Clause 11).

(4) Clause 12 makes any payment under this Ordi-

nance chargeable to general revenue.

(i) Clause 13 repeals the proviso to section 25 of Ordinance 2 of 1897 for the reason that the periods mentioned in the Unclaimed Balances Ordinance, 1885, e.g. in sections 4, 5 and 6 of that Ordinance disappear with the repeal of that Ordinance.

7. This bill replaces the Unclaimed Balances Ordinance, 1885, which it repeals. (Clanse 14).

October, 1928.

C. G. ALABASTER,

Attorney General.