1890_INTESTATES__ESTATES_ORDINANCE — Page 1

HK Historical Laws 香港歷史法例 All AI Reviewed

Page 366

ORDINANCES Nos. 1 AND 2 OF 1857.

Intestates' Estates.

Peace of the Colony.

No. 1 of 1857.

Repeal of Ordinance No. 5 of 1855, and revivor of Ordinance No. 6 of 1854, (except section 5). Subsequent claims to be made good out of the general revenue of the Colony.

Power to unsuccessful claimants to petition the Supreme Court in Equity.

An Ordinance for Intestates' Estates.

[3rd January, 1857.]

BE it enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

1. Ordinance No. 5 of 1855 is hereby repealed, and Ordinance No. 6 of 1854 (with the exception of section 5 of the last-mentioned Ordinance) is hereby revived.

2. The Officer Administering the Government of this Colony shall, from time to time, as occasions shall require, repay or make good to any persons preferring and duly proving their claims to the same after confiscation thereof for Colonial purposes under section 3 of Ordinance No. 6 of 1854, all funds so confiscated; and all monies in the Treasury forming part of, or arising from, the general revenue of the said Colony, shall be applicable in so repaying or making good the same.

3. It shall be lawful for any claimant, under section 2 of this Ordinance, in case his claim shall not be allowed by the said officer, to present his summary petition in that behalf to the Supreme Court in Equity, against the Queen's Attorney General as respondent thereto; and if he shall verify his said claim by evidence to the satisfaction of the said Supreme Court, it shall be the duty of the said Court to make such order in the premises as justice shall require; and upon the application of the same, or any other claimant or person, or of the said Attorney General, from time to time to vary the same and to enforce every such order according to the practice of the Supreme Court.

[Repealed by Ordinance No. 7 of 1885.]

Preamble.

Operation of the Ordinance, and power to suspend and revive it.

No. 2 of 1857.

An Ordinance for better securing the Peace of the Colony.

[6th January, 1857.]

WHEREAS it is expedient, in consequence of the present circumstances of this Colony, to adopt immediate and further means for the preservation of the peace and security thereof: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, in manner following, that is to say:-

1. This Ordinance shall take effect within this Colony until His Excellency in Executive Council shall, by Proclamation published in the Hongkong Government Gazette, suspend the operation of the same; and His said Excellency in Council is hereby authorized from time to time, by any Proclamation so published as aforesaid to revive the operation of this Ordinance and again to suspend it, so often as shall be deemed meet.

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Page 366 ORDINANCES Nos. 1 AND 2 OF 1857. Intestates' Estates. Peace of the Colony. No. 1 of 1857. Repeal of Ordinance No. 5 of 1855, and revivor of Ordinance No. 6 of 1854, (except section 5). Subsequent claims to be made good out of the general revenue of the Colony. Power to unsuccessful claimants to petition the Supreme Court in Equity. An Ordinance for Intestates' Estates. [3rd January, 1857.] BE it enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:- 1. Ordinance No. 5 of 1855 is hereby repealed, and Ordinance No. 6 of 1854 (with the exception of section 5 of the last-mentioned Ordinance) is hereby revived. 2. The Officer Administering the Government of this Colony shall, from time to time, as occasions shall require, repay or make good to any persons preferring and duly proving their claims to the same after confiscation thereof for Colonial purposes under section 3 of Ordinance No. 6 of 1854, all funds so confiscated; and all monies in the Treasury forming part of, or arising from, the general revenue of the said Colony, shall be applicable in so repaying or making good the same. 3. It shall be lawful for any claimant, under section 2 of this Ordinance, in case his claim shall not be allowed by the said officer, to present his summary petition in that behalf to the Supreme Court in Equity, against the Queen's Attorney General as respondent thereto; and if he shall verify his said claim by evidence to the satisfaction of the said Supreme Court, it shall be the duty of the said Court to make such order in the premises as justice shall require; and upon the application of the same, or any other claimant or person, or of the said Attorney General, from time to time to vary the same and to enforce every such order according to the practice of the Supreme Court. [Repealed by Ordinance No. 7 of 1885.] Preamble. Operation of the Ordinance, and power to suspend and revive it. No. 2 of 1857. An Ordinance for better securing the Peace of the Colony. [6th January, 1857.] WHEREAS it is expedient, in consequence of the present circumstances of this Colony, to adopt immediate and further means for the preservation of the peace and security thereof: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, in manner following, that is to say:- 1. This Ordinance shall take effect within this Colony until His Excellency in Executive Council shall, by Proclamation published in the Hongkong Government Gazette, suspend the operation of the same; and His said Excellency in Council is hereby authorized from time to time, by any Proclamation so published as aforesaid to revive the operation of this Ordinance and again to suspend it, so often as shall be deemed meet. Page 367

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366 ORDINANCES Nos. 1 AND 2 OF 1857. Intestates' Estates. Peace of the Colony. No. 1 of 1857. Repeal of Ordi- nance No. 5 of 1855, and revivor of Ordinance No.. 6 of 1854, (except section 5). Sabsequent claims to be made good out of the general revenue of the Colony. Power to unsuccessful claimants to peti- tion the Supreme Court in Equity. An Ordinance for Intestates' Estates. [3rd January, 1857.] E it enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:- BR 1. Ordinance No. 5 of 1855 is hereby repealed, and Ordinance No. 6 of 1854 (with the exception of section 5 of the last-mentioned Ordinance) is hereby revived. 2. The Officer Administering the Government of this Colony shall, from time to time, as occasions shall require, repay or make good to any persons preferring and duly proving their claims to the same after confiscation thereof for Colonial purposes under section 3 of Ordinance No. 6 of 1854, all funds so confiscated; and all monies in the Treasury forming part of, or arising from, the general revenue of the said. Colony, shall be applicable in so repaying or making good the same. 3. It shall be lawful for any claimant, under section 2 of this Ordinance, in case his claim shall not be allowed by the said officer, to present his summary petition in that behalf to the Supreme Court in Equity, against the Queen's Attorney General as respondent thereto; and if he shall verify his said claim by evidence to the satisfaction of the said Supreme Court, it shall be the duty of the said Court to make such order in the premises as justice shall require; and upon the application of the same, or any other claimant or person, or of the said Attorney General, from time to time to vary the same and to enforce every such order according to the practice of the Supreme Court. [Repealed by Ordinance No. 7 of 1885.] Preamble. Operation of the Ordinance, and power to suspend and revive it. W No. 2 of 1857. An Ordinance for better securing the Peace of the Colony. [6th January, 1857.] HEREAS it is expedient, in consequence of the present circumstances of this Colony, to adopt immediate and further means for the preservation of the peace and security thereof: Be it therefore enacted and ordained by His Excellency Governor of Hongkong, with the advice of the Legislative Council thereof, in manner following, that is to say:- tha 1. This Ordinance shall take effect within this Colony until His Excellency in Executive Council shall, by Proclamation published in the Hongkong Government Gazette, suspend the operation of the same; and His said Excellency in Council is hereby authorized from time to time, by any Proclamation so published as aforesaid to revive the operation of this Ordinance and again to suspend it, so often as shall be deemed meet.

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366

ORDINANCES Nos. 1 AND 2 OF 1857.

Intestates' Estates.

Peace of the Colony.

No. 1 of 1857.

Repeal of Ordi- nance No. 5 of 1855, and revivor

of Ordinance No..

6 of 1854, (except

section 5). Sabsequent

claims to be made good out of the general revenue of the Colony.

Power to unsuccessful

claimants to peti- tion the Supreme Court in Equity.

An Ordinance for Intestates' Estates.

[3rd January, 1857.]

E it enacted and ordained by His Excellency the Governor of Hongkong, with the

advice of the Legislative Council thereof, as follows:-

1. Ordinance No. 5 of 1855 is hereby repealed, and Ordinance No. 6 of 1854 (with the exception of section 5 of the last-mentioned Ordinance) is hereby revived.

2. The Officer Administering the Government of this Colony shall, from time to time, as occasions shall require, repay or make good to any persons preferring and duly proving their claims to the same after confiscation thereof for Colonial purposes under section 3 of Ordinance No. 6 of 1854, all funds so confiscated; and all monies in the Treasury forming part of, or arising from, the general revenue of the said. Colony, shall be applicable in so repaying or making good the same.