1104
A.D. 1881.
Provision for
THE HONGKONG GOVERNMENT GAZETTE, 31ST DECEMBER, 1881.
movable estate seven
deliverance.
2. It shall be competent to the petitioner upon whose petition a deliverance has been granted in terms of the preceding section, authorising him to uplift and enjoy the disposal of capital of yearly income of movable estate, or to the heir or representative of such petitioner, to years after date of present another petition to the Court after the lapse of seven years from the date of said deliverance, setting forth that during that further period the said absent person has not been heard of, and after proof of the facts stated in the petition, and such procedure and inquiry, by advertisement or otherwise, as the Court may direct, the Court may grant authority to the petitioner to make up a title to, and thereupon to receive and discharge, possess and enjoy, the fee or capital of the said movable estate of the said absent person in the same manner as if the said absent person were dead.
Provision for
disposal of heritable estate thirteen years after date of deliverance.
Provision for
disposal of movable
no previous
to income under sec. 1.
3. It shall be competent to the petitioner or petitioners upon whose petition a deliverance has been granted in terms of section one, authorising him to uplift and enjoy the yearly income of heritable estate, or to the heir or representative of such petitioner. to present another petition to the Court after a lapse of thirteen years from the date of said deliverance, setting forth that during that further period the said absent person has not been heard of, and after proof of the facts stated in the petition, and such procedure and inquiry, by advertisement or otherwise, as the Court may direct, the Court may grant authority to the petitioner to make up a title to and enter into posses- sion and enjoyment of the fee of the said heritable estate of the said absent person in the same manner as if the said absent person were dead.
4. In the case of any person who has been absent from Scotland, or who has estate after fourteen disappeared for a period of fourteen years or upwards, and who has not been heard of years absence where for fourteen years, and who at the time of his leaving or disappearance was possessed of deliverance relative or entitled to movable estate in Scotland, or who has since become entitled to movable estate there, it shall be competent to any person entitled to succeed to the said absent person in such movable 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 make up a title to, receive and discharge, possess and enjoy, sell or dispose of the said movable estate in the same manner as if the said absent person were dead.
Provision for disposal of heritable estate after twenty
no previous
deliverance relative to income under sec. 1.
5. In the case of any person who has been absent from Scotland, or who has disappeared for a period of twenty years or upwards, and who has not been heard of for years absence where twenty years, and who at the time of his leaving or disappearance was possessed of or entitled to heritable estate in Scotland, or who has since become entitled to heritable estate there, it shall be competent to any person entitled to succeed to said absent person in such heritable 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 make up a title to, enter into possession.of and enjoy, and sell or dispose of the said heritable estate in the same manner as if the said absent person were dead.
Power to dispense
absent person to sale
indiviso.
6. Where the absent person shall have been one of two or more pro indiviso with consent of proprietors of heritable estate in Scotland, and he shall not have been heard of for of property held pro seven years or upwards after his leaving Scotland or disappearance, and where the other pro indiviso proprietor or proprietors shall desire to sell the said estate, it shall be competent to such other pro indiviso proprietor or proprietors to present a petition to the Court setting forth the said facts, and after such procedure and inquiry, by adverti- sement or otherwise, as the Court may direct, the Court may grant authority to the petitioner or petitioners to sell the said estate by public roup or private bargain, as the Court may think fit, and the title granted by the said pro indiviso proprietor or proprietors under such authority shall be as good and valid to the purchaser as if the absent person had been a party to the sale and conveyance, and in the case of such a sale the share of the price belonging to the absent person shall be paid into bank for behoof of such absent person, and shall be deemed to be heritable estate of the said absent person, and, as such, shall be subject to the provisions of sections one, three, and five hereof.
Claim of absent person barred after
thirteen years from
7. In the event of the absent person having right to heritable or movable estate in Scotland as aforesaid, or of any person entitled to succeed to or take by title derived state of deliverance. from him preferably to the person who has obtained possession of the heritable or movable estate under any of the preceding sections of this Act, appearing and establishing his right thereto, he shall be entitled to demand and receive the fee or capital of the said estate, heritable or movable, where extant in the hands of the person or persons who
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