Albanier vanilkan
Page 8 Page 8
94
THE HONGKONG GOVERNMENT GAZETTE, 31ST MARCHI, 1860.
An Executor not
to a Citation
appear to the Court to be necessary or convenient in any such Case, by reason of the In- solvency of the Estate of the Deccased or other special Circumstances, to appoint some Person to be the Administrator of the Personal Estate of the Deceased or of any Part of such Personal Estate, other than the Person who if this Ordinance had not been passed would by Law have been entitled to a Grant of Administration of such_Personal Estate, it shall not be obligatory upon the Court to grant Administration of the Personal Estate of such deceased Person to the Person who if this Ordinance had not passed would by Law have been entitled to a Grant thereof, but it shall be lawful for the Court, in its Discretion, to appoint such Person as the Court shall think fit to be such Administrator upon his giving such security (if any) as the Court shall direct and every such Administration may be limited as the Court shall think fit.
XXXI. Whenever an Executor appointed in a Will survives the Testator but dies Acting not to withou thaving taken Probate or being cited to take Probate does not appear to such Citation be treated as if he the right of such Person in respect of the Executorship shall wholly cease and the repre- sentation to the Testator and the Administration of his Effects shall go, devolve, and be committed in like manner as if such Person had not been appointed Executor.
had renounced,
Provisions of 38 Geo. III. c. 87 ex-
nistrator residing out of Jurisdiction.
XXXII. The Provisions of an Act passed in the Twenty-eighth Year of His late tended to all Cases of Majesty King George the Third, Chapter Eighty-seven, shall be extended to all Executors Executors and Admi- and Administrators residing out of the Jurisdiction of Her Majesty's said Supreme Court of Hongkong whether it be or be not intended to institute Proceedings on the Equity side of the said Supreme Court and it shall be lawful to alter the language of the grant prescribed by the said Statute so as to make it apply to Grants made in the said Supreme Court under this Ordinance.
After Grant of Ad- ministration no Per- sou to have Power to
XXXIII. After any Grant of Administration, no Person shall have Power to sue or prosecute any Suit, or otherwise act as Executor of the Deceased, as to the Personal sue as an Executor. Estate comprised in or affected by such Grant of Administration, until such Administration
shall have been recalled or revoked.
Revocation ofTem- porary Grants not to prejudice Actions or Suits.
Payments under revoked Probates or
valid.
XXXIV. Where before the Revocation of any temporary Administration any Pro- ceedings at Law or in Equity have been commenced in the said Supreme Court by or against any Administrator so appointed, the Court may order that a Suggestion be made upon the Record of the Revocation of such Administration, and of the Grant of Probate or Administration which shall have been made consequent thereupon, and that the Proceedings shall be continued in the name of the new Executor or Administrator in like manner as if the Proceeding had been originally commenced by or against such new Executor or Administrator but subject to such Conditions and Variations if any as the Court may direct.
XXXV. Where any Probate or Administration is revoked under this Ordinance, all Administrations to be Payments bona fide made to any Executor or Administrator under such Probate or Ad- ministration before the Revocation thereof shall be a legal discharge to the Person making the same, and the Executor or Administrator who shall have acted under any such revoked Probate or Administration may detain and reimburse himself in respect of any Payments made by him which the Person to whom Probate or Administration, shall be afterwards granted might have lawfully made.
Persons making
bate granted for Estate
XXXVI. All Persons making or permitting to be made any Payment or Transfer Payment upon Pro-bonû fide upon any Probate or Letters of Administration granted in respect of the Estate of deceased Person to of any deceased Person under the Authority of this Ordinance shall be indemnified and be indemnified. protected in so doing, notwithstanding any Defect or Circumstance whatsoever affecting the
validity of such Probate or Letters of Administration.
Non-contentious
Business pending to be deemed Commence
XXXVII. All non-contentious Business pending in the Supreme Court at the Date of this Ordinance shall be deemed to have been commenced under this Ordinance. And under this Ordinance. all Acts executed under the Authority of the said Court with reference to such Business which would have been valid if the hereby repealed Sections of Ordinance No. 6 of 1845 were still in Operation shall be valid and all Oaths Sworn and Bonds executed in manner required by the said Court in reference to such Business prior to the Date hereof shall con- tinue to have and be deemed to have had the same Force and Effect in Law as they would have had if sworn and executed in pursuance of the Provisions of this Ordinance, or of Ordinance No. 5 of 1858.
Power of Judge to alter Grants of Pro-
bate and Letters of
XXXVIII. The Judge of the said Court shall have and exercise the same Power of Administration made altering and amending Grants of Probate and Letters of Administration made before the prior to this Ordi- passing of this Ordinance as he has had or exercised before the date hereof.
pauce.
XX
of Admin and Effect Court.
XL. give a Bo for the Sureties c of the De by any G Superinte the Estate Bond as a
XLI and Effect direct the the Court Liability o
XLI
way, and the Regist and such ]
said Bond
given, to h
as Trustee of the con
XLI Letters of
Benefit of
same man:
as if they
XLI Ordinance Ordinance
if the sam Grants of same shall
to have be at the Tin Administr
the same, and if sucl any Perso dity of suc ceedings fo Party.
XLV Ordinance shall have
but in eve
to the Cor under the
XLV Legislative nance fix! bate Juris of Busines spection, Document tice with s this Ordin
Page 8 Page 8
No comments yet.
Private notes are available after approval.