THE HONGKONG GOVERNMENT GAZETTE, 18TH AUGUST, 1870.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend Ordinance No. 8 of 1860, and to make further Provision in Relation to the Administration of the Estate and Effects of Deceased Persons.
[
1
1870.]
WED, and to flier Provision in Helation to the HEREAS it is expedient to amend Ordinance No. 8 of
Administration of the Estate and Effects of Deeased Persons: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows :-
Title.
Preamble.
I. It is hereby declared that the Registrar of the Supreme Declaratory as Court is "Ex-Officio" Official Administrator under Ordinance No. to "Official 8 of 1800.
Administra- tor."
tract Debts
II. In the Administration of the Estate of every Perron who Distinction shall die after the Passing of this Ordinance, no Debe or Liability between of such Person shall be entitled to any Priority or Preference by Specialty and Reason merely that the same is secured by or arises under a Bond, Simple Co- Deed, or other Instrument under Seal, or is otherwise made or abolished. constituted a Specialty Debt; but all the Creditors of such Person, as well Specialty as Simple Contract, shall be treated as standing in equal Degree, and be paid accordingly out of the Assets of such Deceased Person, whether such Assets are Legal or Equit- able, any other Law to the contrary notwithstanding: Provided always, that this Ordinance shall not prejudice or affect any Lien, Charge, or other Security which any Creditor may hold or be entitled to for the Payment of his Debt.
Order to
III. Any Executor or Administrator may apply by Summary Executor or Petition to the Supreme Cout, for an Order limiting the Time for Administrator Creditors and others to send in their Chims against the Estate of may apply for the Testator or Intestate and specifying what Notices are to be distribute given of the making of such Order, and of the Time thereby Assets. limited; and where an Executor or Administrator shall have given the Notices specified in 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 Testator or Intestate or any Part thereof, amongst the Parties entitled thereto, having regard to the Claims of which such Executor or Administrator has then Notice, and shall not be liable for the Assets or any Part thereni, so distributed to any Person of whore Claim such Executor or Administrator shall not have had Notice at the Time of Listribu- tion of the said Assets or a Part thereof, as the Case may be; but nothing in this Rection contained shail pajudice the light of any Creditor or Claimant to follow the Assets or any l'art thereof, into the Hands of the Persons who may have received the same respectively.
take Possession
IV. It shall be lawful for the Official Administrator, whenever Official Admi- he shall think it expedient so to do end upon such Evidence of nistrator may Death as he shall derm suficient, to tako Possession of the private of Property of Papers, Monies, Goods, Chattels and other moveable Property any Decensed whatsoever of any decessal Person which shall be found within Person until the Colony and to provide for the sufo Custody thereof, until Grant of Pro- Probate of the Will of such deceased Person or Letters of Admi- bate or Admai- nistration of his Estate and Effects shall have been granted by the Supreme Court: Provided always that the Oficial "Administrator may, in lieu thereof, if he shall think fit, issue forthwith a Com- mission of Appraisenient of the said Property,
nistration.
V. Any Person who shall without lawful Authority or Exense Penalty for remove or attempt to remove out of the Colony any sneh Pro- removing,
concealing or perty as aforesaid, or shall destroy, conceal or refuse to yield up refusing to to sauce on Demand to the Official Administrator, shall be guilty give up such of a Misdemeanor and shall be liable, on Sumaary Conviction Property, thereof before a Magistrate, to a Fine not exceeding Five hundred Dollars with or without Imprisonment not exceeding Six Months.
ngait the
Petition.
VI. No Action shall be brought against the Official Adminis- No Action trator for anything done by his la Relation to such Property under shall be the Authority or in the Execution or intended Execution of the brought Powers vested in him by Section IV, but any Person who shall ömeial. Adai - feel aggrieved thereby any apply for Redress to the Supreme nistrator. Court by Summary Petition verified upon Oath or Declaration Remely by and upon the Hearing of such Petition in Court or in Chambers, and whether in Vacation or not, the Chief Justice may take such Evidence as he shall think fit, and may inake any Order in Rela- tion to such Property which the Justice of the Case requires.
VII. All reasonable Expenses incurred by the Official Adminis- Expenses trator in carrying out the Provisions of Section IV, shall be incurred under defrayed out of the Estate of the Deceased and constitute a Pri- mary Charge thereon.
Sec. IV to be a Charge ou the Estate.
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