382
THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1897.
Grant of special administra-
tion where executor or
other than the person who, if this Ordinance had not been passed, would by law have been entitled to a grant of admi- nistration of such personal estate, it shall be lawful for the Court, in its discretion, to appoint such person as the Court thinks fit to be such administrator upon his giving such security, if any, as the Court may direct, and every such administration may be limited in such manner as the Court thinks fit.
34.--(1.) At the expiration of twelve months from the death of any deceased person, if the executor or executors to whom probate of the will has been granted, or the person or persons to whom administration has been granted, is or administrator are residing out of the jurisdiction of the Court, it shall be is out of the lawful for the Court, on the application of any creditor, jurisdiction.
next of kin, or legatee, grounded on an affidavit made for that purpose, to grant such special administration as it may think fit of the estate of such deceased person.
ministration.
(2.) It shall be lawful for the Court, on application made for that purpose by any person interested, to direct any shares or stock in any joint stock company to be trans- ferred into the name of the Registrar, in trust for such purposes as the Court may direct, in any suit in which the person to whom such special administration has been granted is a party: Provided, nevertheless, that if any executor or administrator of such deceased person, being capable of acting as such, returns to and resides within the jurisdiction of the Court, the Court may, if it thinks fit, revoke such special grant: Provided, also, that if any suit is pending in any Court in relation to the estate of such deceased person, such exccutor or administrator shall be entitled to be made a party thereto.
Payment of 35. The costs incurred by granting any such special costs relating administration shall be paid by such person or out of such to special ad- fund as the Court may direct, and the costs incurred by proceeding in any suit against any such administrator shall be paid by such person or out of such fund as the Court in which the suit is pending may direct.
Case of infant being sole executor.
Prohibition of executor acting pending all- ministration.
Appointment of adminis- Erator pen- dente life.
Administra-
tion pending appeal.
Boud to be given by administra.
tor,
36.-(1.) Where an infant is sole executor of any de- ceased person, administration with the will annexed shall be granted to the guardian of such infant, or to such other person as the Court may think fit, until such infant has attained the full age of twenty-one years, at which period, and not before, probate of the will shall be granted to him. (2.) The person to whom such administration is granted shall have the same powers vested in him as an administra- tor now has by virtue of an administration granted to him durante minore ætate of the next of kin.
37. After any grant of administration, no person shall bave power to sue or prosecute any suit, or otherwise to act as executor of the deceased person, as to the personal estate comprised in or affected by such grant of administra- tion, until such administration has been recalled or revoked.
Administration pendente lite.
38.-(1.) Pending any suit touching the validity of the will of any deceased person, or for obtaining, recalling, or revoking any probate or any grant of administration, the Court may appoint an administrator of the estate of such deceased person.
(2.) The administrator so appointed shall have all the rights and powers of a general administrator, other than the right of distributing the residue of such estate.
(3.) Every such administrator shall be subject to the immediate control of the Court and act under its direction.
39. All the provisions of the last preceding section relating to grants of administration pending suit shall be decmed to apply to the ease of appeals to Her Majesty-in- Council from any decision of the Court.
Administration Bond,
40. Every person (other than the Official Administrator) to whom any grant of administration is committed shall, unless the Court otherwise directs, give a bond, with (if the Court requires) one or more surety or sureties, con- ditioned for duly collecting, getting in, and administering the estate of the deceased person, and the bond shall be in such form as the Judge may from time to time direct : Provided that it shall not be necessary for the Captain Su-
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