635977-1897-Ordinances-Nos-1-2-and-3-assented-to — Page 19

THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1897.

PART IV.

RULES FOR ADMINISTRATION OF PROPERTY,

57. In the administration of the estate of every deceased Specialty and person no debt or liability of such person shall be entitled simple con- to any priority or preference by reason merely that the tract debts to stand in equal same is secured by or arises under a bond, deed, or other degree. instrument under seul, or is otherwise nude or constituted a specialty debt: but all the creditors of such person, as well specialty as simple contract, shall be treated as stand- ing in equal degree, and be paid accordingly out of the assets of such deceased person, whether such assets are legal or equitable: Provided that this Ordinance shall not prejudice or affect any licn, charge, or other security which any creditor may hold or be entitled to for the payment of

his debt.

58.--(1.) Any executor or administrator may apply by Power to the summary petition to the Court for an order limiting the Court to make an time for ereditors and others to send in their claims against

order limiting the estate of the testator or intestate, and specifying what time for notices are to be given of the making of such order and of creditors to the time thereby limited; and the Court may make such send in claims order thereon as it thinks fit.

(2.) Where an executor or administrator has given the notices specified in any such order, he shall, at the expira- tion of the time limited thereby for sending in such claims, be at liberty to distribute the assets of the restator or ins festate, or any part thereof, amongst the parties entitled thereto, having regard to the claims of which he has then notice, and shall not be liable for the assets, or any part thereof, so distributed to any person of whose claim he has not had notice at the time of distribution of the assets or a part thereof, as the case may be.

(3.) Nothing in this section shall prejudice the right of any creditor or claimant to follow the assets, or any part thereof, into the hands of any persons who may have re- ceived the same respectively.

against estate.

administra-

59. It shall be bawind for the Court to allow to any Allowance of executor or administrator, including an administrator ap- remuneration pointed pendente life as aforesaid, such remuneration out to executor or of the estate of the deceased person as may be just and tor. reasonable for his pains and trouble therein : Provided that no allowance whatever shall be made to any excentor or ad- ministrator who negleets to pass his accounts at such time, or to dispose of any moneys, goods, chattels, or securities with which he is chargeable in such manner, as, in pursuance of any rule or order or practice of the Court, may be requisite.

60. Whenever any person who is a native of China dies Proof of intestate leaving property within the jurisdiction of the Chinese law Court, and it is necessary to obtain proof of the law of as to adminis

bration of China for the purpose of regulating the administration of

property of the property of such deceased person according to the law deceased of his domicile, it shall be lawful for the Court, in its dis- person. cretion, to receive in evidence any written statement of the law of China which is certified by any British Consular Officer in China under his official scal to have been obtained by him from an officer of the Chinese Government for the purposes of such administration and with reference to the facts of the particular case under consideration, and there- after to act upon such written statement in such manner as it thinks fit.

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PART V.

SPECIAL AND EXCEPTED CASES.

Estates of Small Value.

tion of estate

61.-(L.) Where the whole estate of any person dying summary infestate in the Colony does not exceed in value the sam procedure for of five hundred dollars, his widow, or any one or more of administra- his children, as the case may be, (provided such widow or

of person child or children respectively is or are resident in the Colony), dying intes or if such person is a widow, any one or more of her children tate under (provided such child or children is or are resident in the $500 in value. Colony), may make application in that behalf to the Re- gistrar, and the Registrar shall fill up the usual papers required by the Court to lead to a grant of administration of the estate of the intestate, and shall swear or declare the applicant and attest the excention of the administration bond