56
Court to reserve power of revocation.
Court to grant letters of administration to next of kin or to the Registrar.
Administrator to enter into bond.
ORDINANCE No. 15 OF 1844.
Supreme Court.
the said Court, of the last wills and testaments of all or any of the inhabitants of the said Colony and its dependencies, and all other persons who shall die, and leave personal effects within the said Colony and its dependencies: and to commit letters of administration, under the seal of the said Court, of the goods, chattels, credits, and all other effects whatsoever of the persons aforesaid, who shall die intestate, or who having left a will shall not have named an executor resident within the said Colony or its dependencies, or where an executor resident as aforesaid, being duly cited, shall not appear and sue forth such probate: annexing the will to the letters of administration, when such persons shall have left a will without naming any executor, or where an executor shall have been named not resident within the said Colony, or where an executor shall have been named resident within the said Colony or its dependencies, but who being duly cited thereunto shall not appear and sue forth a probate thereof; and to sequester the goods, and chattels, credits, and other effects whatsoever of such persons so dying in cases allowed by law, as the same is and may be now used in the diocese of London: and to demand, require, take, hear, examine and allow, and if occasion require to disallow, and reject the account of them, in such manner and form as may be used in the said diocese, and to do all other things whatsoever needful and necessary in that behalf.
16. Provided always, and be it further enacted and ordained, that the said Supreme Court, in such cases as aforesaid, is hereby authorized and required, where letters of administration shall be committed with the will annexed for want of an executor applying in due time to sue forth the probate, to reserve in such letters of administration full power and authority to revoke the same, and to grant probate of the said will to such executor whenever he shall duly appear and sue forth the same.
17. And be it further enacted and ordained, that the said Supreme Court shall grant and commit such letters of administration to any one or more of the lawful next of kin of such person so dying as aforesaid, being then resident within the jurisdiction of the said Court, and being of the age of twenty-one years, and in case no such person shall then be residing within the jurisdiction of the said Court, or being duly cited shall not appear and pray the same, to the Registrar of the said Court, or to such person or persons, whether creditor or creditors, or not, of the deceased person, as the Court shall see fit: Provided always, that probates of wills, and letters of administration to be granted by the said Court, shall be limited to such money, goods, chattels, credits, and effects as the deceased person shall be entitled to within the said Colony of Hongkong and its dependencies.
18. And be it further enacted and ordained, that every person to whom such letters of administration shall be committed shall, before the granting thereof, give sufficient security, by bond to be entered into to Her Majesty, Her Heirs and Successors, for the payment of a competent sum of money, with one, two, or more solvent sureties, respect being had in the sum therein to be contained, and in the ability of the sureties, to the value of the estates, credits, and effects of the deceased, which bond shall be deposited in the said Court among the records thereof, and there safely kept, and a copy thereof shall be also recorded among the proceedings of the said Court, and the
56
Court to reserve power of
revocation.
Court to grant
· letters of administration
to next of kin or
to the Registrar.
Administrator to enter into bond.
ORDINANCE No. 15 OF 1844.
Supreme Court.
the said Court, of the last wills and testaments of all or any of the inhabitants of the said Colony and its dependencies, and all other persons who shall die, and leave personal effects within the said Colony and its dependencies: and to commit letters of adminis- tration, under the seal of the said Court, of the gogds, chattels, credits, and all other effects whatsoever of the persons aforesaid, who shall die intestate, or who having left a will shall not have named an executor resident within the said Colony or its depen- dencies, or where an executor resident as aforesaid, being duly cited, shall not appear and sue forth such probate: annexing the will to the letters of administration, when such persons shall have left a will without naming any executor, or where an executor shall have been named not resident within the said Colony, or where an executor shall have been "named resident within the said Colony or its dependencies, but who being duly cited thereunto shall not appear and sue forth a probate thereof; and to sequester the goods, and chattels, credits, and other effects whatsoever of such persons so dying in cases allowed by law, as the same is and may be now used in the diocese of London: and to demand, require, take, hear, examine and allow, and if occasion require to disallow, and reject the account of them, in such manner and form as may be used in the said diocese, and to do all other things whatsoever needful and necessary in that behalf.
16. Provided always, and be it further enacted and ordained, that the said Supreme Court, in such cases as aforesaid, is hereby authorized and required, where letters of administration shall be committed with the will annexed for want of an executor applying in due time to su
sue forth the probate, to reserve in such letters of administration full power and authority to revoke the same, and to grant probate of the said will to such executor whenever he shall duly appear and sue forth the same.
17. And be it further enacted and ordained, that the said Supreme Court shall grant and commit such letters of administration to any one or more of the lawful next of kin of such person so dying as aforesaid, being then resident within the jurisdiction of the said Court, and being of the age of twenty-one years, and in case no such person shall then be residing within the jurisdiction of the said Court, or being duly cited shall not appear and pray the same, to the Registrar of the said Court, or to such person or persons, whether creditor or creditors, or not, of the deceased person, as the Court shall see fit: Provided always, that probates of wills, and letters of administra- tion to be granted by the said Court, shall be limited to such money, goods, chattels, credits, and effects as the deceased person shall be entitled to within the said Colony of Hongkong and its dependencies.
18. And be it further enacted and ordained, that every person to whom such letters of administration shall be committed shall, before the granting thereof, give sufficient security, by bond to be entered into to Her Majesty, Her Heirs and Suc- cessors, for the payment of a competent sum of money, with one, two, or more solvent sureties, respect being had in the sum therein to be contained, and in the ability of the sureties, to the value of the estates, credits, and effects of the deceased, which bond shall be deposited in the said Court among the records thereof, and there safely kept, and a copy thereof shall be also recorded among the proceedings of the said Court, and the
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