635977-1897-Ordinances-Nos-1-2-and-3-assented-to — Page 14

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THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1897.

estate of

it shall be lawful for the Official Administrator, if he thinks intestate, not fit, without any legal formality, to receive or take pos- exceeding $50 session of such estate and to administer the same in a in summary

summary manner for the benefit of all persons interested manner.

therein.

Cases in

20.—(1.) On application made by the Official Adminis- which Official trator, the Court shall, unless it sees good reason to the Administra contrary, grant to him administration in any of the follow- tor is entitled

ing cases, that is to say,- to administra- tion.

Saving as to estates of certain persons.

Power of limiting grant.

(a.) Where a person dying intestate, whether in this Colony or elsewhore, has left property situate in the Colony and no next of kin of such person are resi- dent in the Colony;

(b.) Where a person dying intestate, whether in this Colony or elsewhere, has left property situate in the Colony and the next of kin of such person who are resident in the Colony file in the Registry a request for or consent to the making of such grant, in writ- ing signed by them;

(c.) Where a person dying intestate, whether in this Colony or elsewhere, has left property situate in the Colony, and no person has, within twelve months after the death of such person, obtained adminis- tration of his estate: and

(d) Where a person dying intestate, whether in this Colony or elsewhere, has left property situate in the Colony and the next of kin of such person who are resident in the Colony are infants under the age of twenty-one years.

(2.) The preceding provisions of this section shall apply, with the necessary modifications, in the case of a person who dies testate, whether in this Colony or elsewhere, but without appointing an excentor, or whose exccutor, if appointed, refuses, neglects, or is unable to act.

21. Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain ad- ministration of the estate of any person dying in the naval or military service of Her Majesty and subject to the Art- icles of War, or of any deccused seaman or apprentice for the administration of whose estate provision is made by any Act of Parliament for the time being in force, or of any person for the administration of whose estate special provisiou is otherwise made in Part V,

22. Any grant made to the Official Administrator under this Ordinance may be limited in respect of time or in any other respect as to the Court may seem fit.

Period for 23. Subject to the special direction of the Court to the closing contrary in any particular case, the Official Administrator administra-

shall bring the administration of every estate of which he tion of estate. has obtained administration to a close within the period fixed by law for that purpose in the case of an ordinary administrator.

Commission chargeable

on moneys received,

Application of provisions

of The Un- claimed Balances Ordinance, 1885, to moneys received

under s. 11 or s. 19.

Keeping of Looks of account.

24. A commission at the rate of live pericent. per annum shall be chargeable on all moneys received or taken pos- ression of, or realized or otherwise dealt with, by the Official Administrator under this Ordinance; and such commission shall be accounted for and paid over by the Official Admini- strator to the Colonial Treasurer for the public use of the Colony,

25. The provisions of The Unclaimed Balances Ordi- nance, 1885, relating to the payment into the Colonial Treasury by the Official Administrator of the unclaimed balances of the estates of persons dying intestate, and to the making of and dealing with claims in respect of such balances, shall, mutatis mutundis, apply to moneys received or taken possession of by the Official Administrator under the provisions of section 14 or of section 19 of this Ordi- mance: Provided that the periods of one year and five years mentioned in the said first-mentioned provisions shall in respect of such moneys be computed from the dates on which they were respectively received or taken possession of.

26.-(1.) The Official Administrator shall keep a gene- ral register of all estates under his administration, a cash book, and a ledger or account current book, and such other books as he may find necessary or such other or additional books as may be prescribed.