674782-1884-Government-Notification-No-433 — Page 6

926 THE HONGKONG GOVERNMENT GAZETTE, 19TH DECEMBER, 1881.

Intestato

Jstures,

Aki certise,

lens.

(rd. 6 of 1854, B. 3),

Transfer of unclaimed Estate to Treasury. (Ord. 6 of 1834, s. 1).

Interest.

(Ord, 6 of 1854, B. 4).

Repayment

of sums trusferred

to Treasury. (Ürg. 1 ef 1857,

B. 2).

Petition to Supreme Court (Ibid, s. 3).

Moral claims. (Ord. 7 of 1569, 8. 1).

Refund on A moral claim a bar 10 taxtn to subsequent claims.

(Ibid, a. 2).

Refunds made out of Revenuə Sce 1 of 1857, $.2).

Ropenia.

3. On the expiration of four years from the date of the deccase of any person dying intestate, the Official Adminis- trator shall cause advertisements to be published in this Colony and also, where in his opinion it is possible, in the mother country of the deceased, to the effect that if no claim- antappear within twelve months to claim any funds remaining from the Estate of such deceased person such funds will be transferred to the Revenue of this Colony, and that whe- ther any claimant appear or not the expenses of such advertisement will be deducted from the funds advertised. Provided that such advertisement shall not be necessary where the fands of the Estate are less than twenty dollars in value.

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4. After five years from the date of the deccase of any Person dying Intestate, the Governor may direct the payment of the unclaimed Balance of such person's Estate into the Colonial Treasury, for the general purposes of the Colony; Provided that a certificato be given by the Official Admi- nistrator of Intestate Estates showing that due advertisement has been made for claims against such Estate, and for claims to such balance of such Estate as required by Section 3 of this Ordinance, and that, so far as is known to such Official Administrator, no further claim can reasonably be expected against such balance.

5. The Governor may in his discretion direct that any unclaimed Balance, at any time previous to the expiration of five years as aforesaid, be lodged in a chartered Bank within this Colony, at such rate of interest as may be pro- curable, and that the amount of such interest he added to, and considered portion of such unclaimed Balance.

Refunds.

6. The Governor shall from time to time, as occasion may require, repay and make good to any persons preferring and duly proving their claims to the same any sums which may have been transferred to the Colonial Revenue under the provisions of this Ordinance.

7. It shall be lawful for any Claimant under Section 6 of this Ordinance, in case his Claim shall not be allowed by the Governor, to present his summary Petition in that be- half to the Supreme Court against the Queen's Attorney General as Respondent thereto; and if he shall verify his said Claim by Evidence to the satisfaction of the said Su- preme Court, it shall be the duty of the said Court to make such Order in the premises as justice shall require; and upon the application of the same or any other Claimant or Person, or of the said Attorney General, from time to time to vary the same, and to enforce every such Order according to the practice of the Supreme Court.

8. The Governor in Council may entertain any moral claim (as distinguished from any legal or equitable claim) which may be submitted to him by petition in writing by any person, praying for payment of any sum of money which may have been transferred to the Colonial Revenue under the provisions of this Ordinance, and upon such petition it shall be lawful for the Governor in Council, if he shall think fit, to order that such sum or any portion thereof be paid by the Colonial Treasurer to such petitioner.

9. Any order made by the Governor in Conncil under the foregoing Section for the payment of the whole or of a portion of any sum of money which may have been trans- ferred to the Colonial Revenue under the provisions of this Ordinance shall be a bar to the extent of any payment made under such order to any subsequent claim to the same sum. 10. The general Revenue of the Colony shall be applicable to any payment ordered to be made under the provisions of this Ordinance.

Repeals.

11. The following Ordinances are hereby repealed.

No. 6 of 1854.

No. 1 of 1857.

No. 7 of 1869.

But this repeal shall not revive any enactment repealed by any of the said Ordinances, and shall not affect anything duly done or commenced to be done before the passing of this Ordinance.