THE HONGKONG GOVERNMENT GAZETTE, 31ST DECEMBER, 1881.
has or have obtained possession thereof as aforesaid, or of anyone taking from him by gratuitous title (subject to a claim for the value of any meliorations made thereupon by such person), or to demand and receive the price obtained for the said property, where the same has been sold, unless a period of thirteen years has elapsed since possession of the fee of such estate was obtained under the other provisions of this Act, and after the expiry of such period of thirteen years all claim by the absent person, or those entitled to succeed or deriving right from him as aforesaid, shall be barred. In no case shall any person who has uplifted the income of property under any of the provisions of this Act, or the income of the price obtained therefor, prior to the absent person or those in his right as aforesaid appearing and intimating their claim, be liable to account for or pay to the absent person or those in his right the income received as aforesaid prior to the intimation of such claim.
1105
A.D. 1881.
8. For the purposes of this Act, in all cases where a person has left Scotland, or Presumption of time has disappeared, and where no presumption arises from the facts that he died at any of death. definite date, he shall be presumed to have died on the day which will complete a period of seven years from the time of his last being heard of, at or after such leaving or disappearance.
9. Any number of persons entitled to succeed as aforesaid may be conjoined in Several persons may one petition relating to the estate of the same absent person; and any person having a be conjoined in one limited right of succession may appear as petitioner to the effect of having such right petition. made effectual, subject to the provisions of this Act.
10. It is hereby expressly provided and declared that nothing in this Act Saving the rights of contained shall be held to prejudice or affect the right of third parties, having right third parties. to the estate or any part of it, preferable to the right of the absent person, or to the right of his representatives derived from him.
11. This Act shall not apply to any claim under a policy of assurance upon the Policies of assurance life of any person who has been absent from Scotland, or who has disappeared, but the exempted. person or persons claiming under such policy shall be required to prove the death of person whose life is assured, in the same manner as if this Act had not been passed.
12. For the purposes of this Act "the Court" shall mean and include—
the
(1.) In all cases one of the Divisions of the Court of Session :
(2.) In all cases where the estate of the absent person in Scotland does not exceed in amount or value the sum of one hundred and fifty pounds sterling, the sheriff court of the county in which said estate or the greater part thereof is situate: Provided always, that the value of heritable estate shall be ascertained in terms of the provisions of the 40 & 41 Vict. 50.
Jurisdiction.
13. This Act may be cited as the Presumption of Life Limitation (Scotland) Short title. Act, 1881.
GOVERNMENT NOTIFICATION.-No. 444.
The Governor has been pleased to appoint Mr. Luiz Gonzaga d'ALMADA E CASTRO to be Fourth Clerk in the Colonial Secretary's Office, provisionally, and until further notice.
By His Excellency's Command,
Colonial Secretary's Office, Hongkong, 31st December, 1881.
M. S. TONNOCHY,
Acting Colonial Secretary.
GOVERNMENT NOTIFICATION.No. 445.
It is hereby notified that the Governor has received from the Right Honourable THE Earl of KIMBERLEY, Her Majesty's Principal Secretary of State for the Colonies, a copy of the "Army Act 1881," and of the "Regulation of the Forces Act 1881" with the Rules of procedure under those Acts. By His Excellency's Command,
Colonial Secretary's Office, Hongkong, 31st December, 1881.
M. S. TONNOCHY, Acting Colonial Secretary,
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