721608-1860-HONG-KONG-ANNO-VICESIMO-TERTIO-VICTORLE-REGINE-NO-8-OF-1860 — Page 5

Government Gazette 政府憲報 轅門報 All

Page

じゅ

134

THE HONGKONG GOVERNMENT GAZETTE, 12′′ MAY, 1860.

Registrar to trans-

Offices.

within the same Period, such respective Notes setting forth the Dates of such Grants, the Names of the Testators and Intestates, the Place and Time of Death, the Names and Descriptions of the Executors and Administrators, and the Value of the Effects as set forth in any Commission of appraisement and the Calendars to be so made shall be printed as the same are from Time to Time completed.

XXIV. The Registrar shall cause a Copy of every Calendar to be transmitted mit Copies to certain through the Post to the Principal Registry of Her Majesty's Court of Probate in England, to the Principal Registry of Her Majesty's Court of Probate in Ireland, to the Office of the Commissary of the County of Midlothian in Edinburgh, and such other Offices if any as the said Judge shall from Time to Time by Rule or Order direct.

Official Copy of

XXV. An Official Copy of the whole or any Part of a Will, or an Official Certifi- whole or Part of a cate of the Grant of any Letters of Administration, may be obtained from the Registry on the Payment of such Fees as shall be fixed for the same by the Rules and Orders under this Ordinance.

Will may be obtain-

ed.

Administrations prudente lite.

Administration

XXVI. Pending any Suit touching the Validity of the Will of any deceased Person, or for obtaining, recalling, or revoking any Probate or any Grant of Administration, the Court may appoint an Administrator of the Personal Estate of such deceased Person: And the Administrator so appointed shall have all the Rights and Powers of a General Administrator, other than the Right of distributing the Residue of such Personal Estate: And every such Administrator shall be subject to the immediate Control of the Court and act under its Direction.

XXVII. All the Provisions contained in this Ordinance respecting Grants of Ad- pending Suit to apply ministration pending Suit shall be deemed to apply to the Case of Appeals to Her Ma-

jesty in Council from any Decision of the said Court in its Probate Jurisdiction.

-io Appeals.

Remuneration

and Administrators,

XXVIII. It shall and may be lawful for the said Court to allow to any Executor allowed to Executors or Administrator including Administrators appointed pendente lite as aforesaid such Re- muneration out of the Estate of the Deccased as shall be just and reasonable for their Pains and Trouble therein: Provided always, that no allowance whatever shall be made to any Executor or Administrator who shall neglect to pass his Accounts at such Time, or to dispose of any Monies, Goods, Chattels, or Securities with which he shall be charge- able in such Manner as in Pursuance of any Rule or Order of the said Court shall be requisite.

Executors renounc- ing Probate.

Power as

nistrator.

to Ap-

XXIX. Where any Person after the Commencement of this Ordinance renounces Probate of the Will of which he is appointed Executor or one of the Executors, the Rights of such Person in respect of the Executorship shall wholly cease, and the Repre- sentation of the Testator and the Administrator of the Effects shall and may, without any further Renunciation, go, devolve, and be committed in like Manner as if such Person had not been appointed Executor.

XXX. Where a Person has died or shall die wholly intestate as to his Personal pointment of Admi- Estate or leaving a Will affecting Personal Estate but without having appointed an Exe- cutor thereof willing and competent to take Probate, or where the Executor shall at the Time of the Death of such Person be resident out of the Colony of Hongkong, or where it shall appear to the Court to be necessary or convenient 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 be law- ful 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.

An Executor not.

ing to a Citation to

had renounced.

XXXI. Whenever an Executor appointed in a Will survives the Testator but dies Acting or not Appear without having taken Probate or being cited to take Probate does not appear to such be treated as if he Citation the right of such P'erson in respect of the Executorship shall wholly cease and the representation 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.

XXXII. The Provisions of an Act passed in the Twenty-eighth Year of His Ma- fanied to ali asx-jesty 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 nistrator residing out 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 in its Probate Jurisdiction under this Ordinance.

Provisions of 38

of Jurisdiction.

XXXI

or prosecute Estate comp tration shall

XXXI eccdings at 1 against any that a Sugge and of the G thereupon, a or Administ or against su riations if an

XXXV all Payments Administrati making the s such revoked any Payment be afterwards

XXXV bonâ fide upo of any deceas protected in the validity c

XXXV.

of this Ordin: all Acts exec which would

were still in ( required by t continue to h would have h or of Ordinan

XXXVI

of altering an the passing of

XXXIX Letters of Ad sonal Estate & said Supreme

XL. Ev Administratio

one or more

ministering tl the Judge sha the Superinte of the Estates such Bond as

XLI. St Estate and E think fit to di so to do, and to limit the L

XLII. A Ordinance wh Ordinance Nc

as if the same Grants of Pro same shall bef to have been ▾ at the Time o

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