721608-1860-HONG-KONG-ANNO-VICESIMO-TERTIO-VICTORLE-REGINE-NO-8-OF-1860 — Page 6

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10.

! such Grants, the Names and Effects as set hall be printed

>e transmitted

te in England.

> the Office of ther Offices if

Official Certifi- the Registry

es and Orders

ccased Person, nistration, the eased Person: of a General rsonal Estate: of the Court

Grants of Ad-

s to Her Ma- ction.

any Executor

aid such Re- able for their shall be made it such Time. all be charge- ourt shall be

ice renounces

xecutors, the nd the Repre- may, without er as if such

his Personal inted an Exe- ›r shall at the ng, or where Person to be such Personal ould by Law shall be law- ill think fit to : shall direct

ator but dies pear to such ly cease and I go, devolve, Executor.

· of His Ma- ill Executors ipreme Court

the Equity of the Grant said Supreme

THE HONGKONG GOVERNMENT GAZETTE, 12тH MAY, 1860.

135

ministration no Per-

XXXIII. After any Grant of Administration, no Person shall have Power to suc After Grant of Ad- or prosecute any Suit, or otherwise act as Executor of the Deceased, as to the Personal son to have Power to Estate comprised in or affected by such Grant of Administration, until such Adminis- sue as an Executor. tration shall have been recalled or revoked.

porary Grants not to

XXXIV. Where before the Revocation of any temporary Administration any Pro- Revocation of Tex- ceedings at Law or in Equity have been commenced in the said Supreme Court by or prejudice Actions or against any Administrator so appointed, the Court in its Probate Jurisdiction may order Suits. that a Suggestion he 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 against such new Executor or Administrator but subject to such Conditions and Va- riations if any as the Court may direct.

or

revoked Probates or

XXXV. Where any Probate or Administration is revoked under this Ordinance, Payments under all Payments bona fide made to any Executor or Administrator under such Probate or Administrations to be Administration before the Revocation thereof shall be a legal discharge to the Person valid. making the same, and the Exccutor 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.

bate granted for Estate

XXXVI. All Persons making or permitting to be made any Payment or Transfer Persons making hona fide upon any Probate or Letters of Administration granted in respect of the Estate Payment upon Pro- of any deceased Person under the Authority of this Ordinance shall be indemnified and of deceased Person to protected in so doing, notwithstanding any Defect or Circumstance whatsoever affecting the validity of such Probate or Letters of Administration.

be indemnified.

be deemed commen-

XXXVII. All non-contentious Business pending in the Supreme Court at the Date Non-contentious of this Ordinance shall be deemed to have been commenced under this Ordinance. And Business pending to all Acts executed under the Authority of the said Court with reference to such Business ced under this Ordi- which would have been valid if the hereby repealed Sections of Ordinance No. 6 of 1845 nance. 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 continue 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.

alter Grants of Pro-

Administration made prior to this Ordi- nance.

XXXVIII. The Judge of the said Court shall have and exercise the same Power Power of Judge to of altering and amending Grants of Probate and Letters of Administration made before bate and Letters of the passing of this Ordinance as he has had or exercised before the date hereof.

XXXIX. From and after the Decease of any Person dying intestate and until Letters of Administration shall be granted in respect of his Estate and Effects, the Per- sonal Estate and Effects of such deceased Person shall be vested in the Registrar of the said Supreme Court.

of

Between the Death the Person deceas- Property to Vest in

ed and the Grant, the

the Registrar.

give Bonds.

XL. Every Person other than the Official Administrator to whom any Grant of Administrators to Administration shall be committed shall give a Bond with (if the Court shall require) one or more Surety or Sureties conditioned for duly collecting, getting in, and ad- ministering the Personal Estate of the Deceased, which Bond shall be in such Form as the Judge shall from Time to Time 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.

XLI. Such Bond shall be in a Penalty of double the Amount under which the Amount of Penalty Estate and Effects of the Deceased shall be sworn, unless the Court shall in any Case of Bond. 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.

and Letters of Admi ··

XLII. All Grants of Probates and Administrations made before the date of this void or Voidably Ordinance which may be void or voidable by Reason only that the same were made under Grants of Probates Ordinance No. 6 of 1845, and all Acts or Things done in respect thereof shall be as valid uistration. as if the same had been made under Ordinance No. 5 of 1858: Provided that such

any 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

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