635977-1897-Ordinances-Nos-1-2-and-3-assented-to — Page 15

THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1897.

(2.) He shall cater in books, to be kept by him for that purpose, separate and distinct accounts of each estate and of all property of every description which may come to his hands, and also of all payments made by him on account of each estate, specifying the dates of such receipts and payments respectively.

(3.) Each such book shall be kept in the Registry, and shall be open during office hours for the inspection of any person who has occasion to inspect the same, où payment of the prescribed fee.

and accounts.

27-(L) The Official Administrator shall give to any Copies of person who applies for the same copies of all documents documents and accounts in his possession relating to any estate under his administration or to any property which he receives or of which he takes possession under this Ordinance, on pay- ment of the prescribed fees.

(2.) If any such copy is refused, the applicant may peti- tion the Court in a summary way for an order on the Offi- cial Administrator to give such copy; and the costs of any such petition and order shall be paid by the Official Ad- ministrator, if the Court so directs.

returns,

28. The Official Administrator shall, on the expiration Making of of each half-year, make out and furnish to the Chief Justice half-yearly and to the Colonial Secretary a half-yearly return, accord- ing to the form contained in the First Schedule to this First Ordinance, of all estates vested in or administered by him Schedule. during the half-year then expired, and he shall from time

to time pay into the hands of the Colonial Treasurer the halance remaining in respect of each such estate immediately after the same has been closed.

29. No action shall be brought against the Official Ad- Mode of ministrator for anything done by him in respect of the ex- obtaining

redress ecution or the intended exceution of any power vested in

against action him by section 14 or section 19, but any person who feels of Official Ad- aggrieved thereby may apply for redress to the Court by ministrator summary petition verified upon oath, and the Court may thereupon take such evidence as it thinks fit, and may make any order in relation to the atter which the justice of the case requires.

under s. 11 or s. 19,

PART III.

GRANTING AND REVOCATION OF PROBATES, ETC.

Caveat,

30.-(1.) A caveat against the grant of any probate or Practice as to administration may be lodged in the Registry of the Court, caveatagainst

(2.) Subject to any rules or orders made under this Or- grant.

dinance, the practice and procedure of the Court in respect of any such carent shall, as nearly as may be, correspond with the practice and procedure hitherto in use in respect of such caveats.

Executorship.

31. Where any person renounces probate of the will of Effect of which he is appointed excentor or one of the excentors, the executor rights of such person in respect of the executorship shall renouncing

probate. wholly cease, and the representation of the testator and the administration of his estute shall and may, without any further renunciation, go, devolve, and be committed in like manner as if such person had not been appointed exccutor.

32. Whenever an executor appointed in a will survives Effect of the testator but dies without having taken probate, or, excentor not having been cited to take probate, does not appear to such taking

probate. citation, the right of such person in respect of the exeen- torship shall wholly cease, and the representation of the tes- tator and the administration of his estate shall go, devolve, and be committed in like manner as if such person had not been appointed excentor.

Administration.

frator of

33. Where a person dies wholly intestate as to his per- Appointment sonal estate or leaving a will affecting personal estate but of adminis without having appointed an excentor thereof willing and intestate's competent to take probate, or where the executor is, at the estale. time of the death of such person, resident out of the Colony, or where it appears to the Court to be necessary or conve- nient to appoint some person to be the administrator of the estate of the deceased person or of any part of such estate,

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