683218-1881-Law-as-regards-Presumption-of-Life-in-persons-absent-from-Scotland- — Page 1

DIE

SOIT

MON

DROIT

THE HONGKONG

Government Gazette.

報門轅 港 香

Published by Authority.

No. 54.

VICTORIA, SATURDAY, 31ST DECEMBER, 1881. 號四十五第 日一十月—十年巳辛 日一卅月二十年一十八百八千一

VOL. XXVII.

簿七十二第

GOVERNMENT NOTIFICATION.No. 443.

As there are many natives of Scotland residing in this Colony, the Governor has directed the

following Act of the Imperial Parliament (44 and 45 Vict. c. 47) to be published for general information.

By His Excellency's Command,

Colonial Secretary's Office, Hongkong, 29th December, 1881.

M. S. TONNOCHY, Acting Colonial Secretary.

CHAPTER 47.

W

An Act to amend the Law as regards the Presumption of Life in persons long absent from Scotland.

[22nd August, 1881.]

HEREAS great hardships have arisen from the want of any limitation to the presumption of life as regards persons who have been absent from Scotland or have disappeared for long periods of years, and it is desirable that a limitation should be provided:

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

A.D. 1881.

years as regards

1. In the case of any person who has been absent from Scotland, or who has Presumption of life disappeared, for a period of seven years or upwards, and who has not been heard of for limited to seven seven years, and who at the time of his leaving or disappearance was possessed of or income. entitled to heritable or movable estate in Scotland, or who has become entitled to such estate in Scotland, it shall be competent to any person entitled to succeed to an absent person in such estate to present a petition to the Court setting forth the said facts, and after proof of the said facts, and of the petitioner's being entitled as aforesaid, and after such procedure and inquiry, by advertisement or otherwise, as the Court may direct, the Court may grant authority to the petitioner to uplift and enjoy the yearly income of the heritable or movable estate of such absent person, as the case may be, and to grant all requisite discharges for the same, as if the said absent person were dead; or the Court may sequestrate the estate, and appoint a judicial factor thereon with the usual powers, and with authority to pay over the free yearly income of the estate to the petitioner, whose discharge shall be as valid and effectual as if granted by the absent person.

I