721434-1860-HONG-KONG-ANNO-VICESIMO-TERIO-VICTORIE-REGINE-NO-OF-1860 — Page 9

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30.

son of the In- appoint some f any Part of t been passed rsonal Estate, onal Estate of rould by Law its Discretion, rator upon his istration may

tator but dies such Citation und the repre- volve, and be

r.

of His late all Exccutors upreme Court on the Equity of the grant said Supreme

>wer to sue or

►

the Personal dministration

tion any Pro-

› Court by or stion be made of Probate or > Proceedings manner as it Executor or is the Court

Ordinance, all bate or Ad- 'erson making such revoked ny Payments De afterwards

or Transfer of the Estate lemuified and

r affecting the

at the Date nance. And uch Business

Yo. 6 of 1845 ed in manner reof shall con- as they would dinance, or of

ime Power of le before the

85

THE HONGKONG GOVERNMENT GAZETTE, 31ST MARCH, 1860.

XXXIX. From and after the Decease of any Person dying intestate and until Letters Between the Death of Administration shall be granted in respect of his Estate and Effects the Personal Estate ed and the Grant, the and Effects of such deceased Person shall be vested in the Judge of the said Supreme Property to Vest in

the Judge. Court.

of the Person deceas-

Administrators to

XL. Every Person to whom any Grant of Administration shall be committed shall give a Bond to the Registrar of the said Court to ensure for the Benefit of the Registrar give Bonds. for the Time being and if the Court shall require, with one or more Surety or Sureties conditioned for duly collecting, getting in, and administering the Personal Estate of the Deceased, which Bond shall be in such Form as the Judge shall from Time to Time by any General or Special Order direct: Provided that it shall not be necessary for the Superintendent of Police for the Time being applying for or obtaining Administration of the Estates of Policemen dying in the Colony as hereinafter provided for to give any such Bond as aforesaid.

of Bond.

XLI. Such Bond shall be in a Penalty of double the Amount under which the Estate Amount of Penalty and Effects of the Deceased shall be sworn, unless the Court shall in any Case think fit to direct the same to be reduced, in which case it shall be lawful for the Court so to do, and the Court may also direct that more Bonds than One shall be given so as to. limit the Liability of any Surety to such Amount as the Court shall think reasonable.

XLII. The Court may, on Application made on Motion or Petition in a Summary Power of Court to way, and on being satisfied that the Condition of any such Bond has been broken, Order Assign Bond. the Registrar of the Court to Assign the same to some Person, to be named in such Order, and such Person his Executors or Administrators shall thereupon be entitled to sue on the said Bond in his own Name, both at Law, and in Equity as if the same had been originally given, to him instead of to the Judge of the Court and shall be entitled to recover thereon as Trustee for all Persons interested the full Amount recoverable in respect of any Breach of the condition of the said Bond.

Ordinance to remain

XLIII. Bonds given to Her Majesty or to any other Person in respect of Grants of Bonds given before Letters of Administration made prior to the passing of this Ordinance shall ensure to the the passing of this Benefit of the Registrar of the said Court, and if necessary shall be put in Force in the in Force. same manner and subject to the same Rules so far as the same may be applicable to them as if they had been given to the Registrar of the Supreme Court under this Ordinance.

as

Grants of Probates

XLIV. All Grants of Probates and Administrations made before the date of this Void or Voidable Ordinance which may be void or voidable by Reason only that the same were made under and Letters of Admi- Ordinance No, 6 of 1845, and all Acts or Things done in respect thereof shall be as valid nistration. if the same had been made under Ordinance No. 5 of 1858: Provided that any such Grants of Probate or Administration shall not be made valid by this Ordinance when the same shall before the date hereof have been revoked or determined by the Supreme Court to have been void; nor shall this Ordinance prejudice or affect any Proceedings pending at the Time of the passing of this Ordinance in which the Validity of any such Probate' or Administration shall be in Question: If the Result of such Proceeding shall be to invalidate the same, such Probate or Administration shall not be rendered valid by this Ordinance and if such Proceedings abate or become defective by Reason of the Death of any Party, any Person who but for this Ordinance would have any Right by reason of the Invali- dity of such Probate or Administration shall retain such Right and may commence Pro- ceedings for enforcing the same within Six Calendar Months after the Death of such Party.

tion granted before

XLV. Legal Grants of Probate and Administration made before the date of this Probates and Let- Ordinance and Grants of Probate and Administration made legal by this Ordinance ters of Administra- shall have the same Force and Effect as if they had been granted under this Ordinance, this Ordinance comes but in every such case all Inventories and Accounts in respect thereof shall be returnable into operation. to the Court of Probate and all Bonds taken in respect thereof may be enforced by or under the Authority of the Court of Probate at the Discretion of the Court.

XLVI. The Chief Justice of the Supreme Court with the Concurrence of the Legislative Council shall as soon as conveniently may be after the passing of this Ordi- nauce fix a Table or Tables of Fees to be taken by the Officers of the Court in its Pro- bate Jurisdiction and the Proctors, Solicitors, and Attornies practising therein in respect of Business under this Ordinance, and of Fees to be payable in respect of Searches, In- spection, and Printed and other Copies of the Extracts from Records, Wills, and other Documents in the Custody or under the Control of the said Court and the said Chief Jus- tice with such Concurrence as aforesaid is hereby empowered, from Time to Time after this Ordinance shall come into Operation, to add to, reduce, alter, or amend such Table

Fees to be taken by

Officers of Court, &c.

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