1890_SUPREME_COURT_ORDINANCE_1 — Page 6

HK Historical Laws 香港歷史法例 All AI Reviewed

58

Allowances to be made to executors or administrators. Payment of money into Treasury. Admiralty. Court to exercise jurisdiction over Her Majesty's subjects in China,

ORDINANCE No. 15 OF 1844. Supreme Court.

thereto, or any part thereof, as creditors, legatees, or next of kin, or by any other right or title whatsoever.

20. And be it further enacted and ordained, that it shall and may be lawful for the said Supreme Court, to allow to any executor or administrator of the effects of any deceased person (except as herein mentioned) such commission, or percentage out of their assets, as shall be just and reasonable, for their pains and trouble therein: Provided always, that no allowance whatever shall be made for the pains and trouble of any executor or administrator who shall neglect to pass his accounts at such time, or to dispose of any money, goods, chattels, or securities with which he shall be chargeable in such manner, as in pursuance of any general or special rule or order of the said Court shall be requisite, and moreover, every such executor or administrator, so neglecting to pass his accounts, or to dispose of any such money, goods, chattels, or securities with which he shall be chargeable, shall be charged with interest, at the rate then current within the said Colony and its dependencies, for such sum and sums of money as from time to time shall have been in his hands, whether he shall, or shall not make interest thereof.

21. And be it further enacted and ordained, that where letters of administration, or ad colligenda bona, have been granted to the Registrar under the statute of the 39th and 40th Geo. 3, or otherwise as Registrar, he shall within fourteen days after receiving any money belonging to any estate to the amount of one hundred dollars, clear of all just allowances and deductions for commission, pay the same into the hands of the Colonial Treasurer to the credit of the said estate, unless the Chief Justice, upon a written statement of facts, shall report that it will be more expedient for the said estate to be otherwise held or disposed of; and such Treasurer shall receive from the Registrar, as administrator as aforesaid under the statute, all such sums of money as he shall tender to him, and shall carry the same to the credit of such estates as the said Registrar shall specify, giving him at the same time a receipt for the specific sums so paid in; and whenever the said Registrar shall have occasion to draw any sum of money out of the hands of such treasurer, he shall apply by petition to the Court, or to the Chief Justice at chambers, for an order for the payment thereof, stating, in such petition, the purpose for which such money is required, and such treasurer shall not pay over any monies which may have been paid into his hands as aforesaid without such order.

22. And be it further enacted and ordained, that the said Supreme Court shall be a Court of Vice-Admiralty jurisdiction, and shall have, and possess the same power, authority, and jurisdiction, as is had, and possessed, by other Courts of Vice-Admiralty abroad.

23. And be it further enacted and ordained, that it shall be lawful for the said Supreme Court to have and exercise within the said Colony of Hongkong and its dependencies all such powers, jurisdiction, and authority, over Her Majesty's subjects within the dominions of the Emperor of China, or within any ship or vessel at sea.

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58 Allowances to be made to executors or administrators. Payment of money into Treasury. Admiralty. Court to exercise jurisdiction over Her Majesty's subjects in China, ORDINANCE No. 15 OF 1844. Supreme Court. thereto, or any part thereof, as creditors, legatees, or next of kin, or by any other right or title whatsoever. 20. And be it further enacted and ordained, that it shall and may be lawful for the said Supreme Court, to allow to any executor or administrator of the effects of any deceased person (except as herein mentioned) such commission, or percentage out of their assets, as shall be just and reasonable, for their pains and trouble therein: Provided always, that no allowance whatever shall be made for the pains and trouble of any executor or administrator who shall neglect to pass his accounts at such time, or to dispose of any money, goods, chattels, or securities with which he shall be chargeable in such manner, as in pursuance of any general or special rule or order of the said Court shall be requisite, and moreover, every such executor or administrator, so neglecting to pass his accounts, or to dispose of any such money, goods, chattels, or securities with which he shall be chargeable, shall be charged with interest, at the rate then current within the said Colony and its dependencies, for such sum and sums of money as from time to time shall have been in his hands, whether he shall, or shall not make interest thereof. 21. And be it further enacted and ordained, that where letters of administration, or ad colligenda bona, have been granted to the Registrar under the statute of the 39th and 40th Geo. 3, or otherwise as Registrar, he shall within fourteen days after receiving any money belonging to any estate to the amount of one hundred dollars, clear of all just allowances and deductions for commission, pay the same into the hands of the Colonial Treasurer to the credit of the said estate, unless the Chief Justice, upon a written statement of facts, shall report that it will be more expedient for the said estate to be otherwise held or disposed of; and such Treasurer shall receive from the Registrar, as administrator as aforesaid under the statute, all such sums of money as he shall tender to him, and shall carry the same to the credit of such estates as the said Registrar shall specify, giving him at the same time a receipt for the specific sums so paid in; and whenever the said Registrar shall have occasion to draw any sum of money out of the hands of such treasurer, he shall apply by petition to the Court, or to the Chief Justice at chambers, for an order for the payment thereof, stating, in such petition, the purpose for which such money is required, and such treasurer shall not pay over any monies which may have been paid into his hands as aforesaid without such order. 22. And be it further enacted and ordained, that the said Supreme Court shall be a Court of Vice-Admiralty jurisdiction, and shall have, and possess the same power, authority, and jurisdiction, as is had, and possessed, by other Courts of Vice-Admiralty abroad. 23. And be it further enacted and ordained, that it shall be lawful for the said Supreme Court to have and exercise within the said Colony of Hongkong and its dependencies all such powers, jurisdiction, and authority, over Her Majesty's subjects within the dominions of the Emperor of China, or within any ship or vessel at sea.
Baseline (Original)
58 Allowances to be made to executors or administrators. Payment of money into Treasury. Admiralty. Court to exercise jurisdiction over Her Majesty's subjects in China, ORDINANCE No. 15 OF 1844. Supreme Court. thereto, or any part thereof, as creditors, legatees, or next of kin, or by any other right or title whatsoever. 20. And be it further enacted and ordained, that it shall and may be lawful for the said Supreme Court, to allow to any executor or administrator of the effects of any deceased person (except as herein mentioned) such commission, or percentage out of their assets, as shall be just and reasonable, for their pains and trouble therein: Pro- vided always, that no allowance whatever shall be made for the pains and trouble of any executor or administrator who shall neglect to pass his accounts at such time, or to dispose of any money, goods, chattels, or securities with which he shall be chargeable in such manner, as in pursuance of any general or special rule or order of the said Court shall be requisite, and moreover, every such executor or administrator, so neglect- ing to pass his accounts, or to dispose of any such money, goods, chattels, or securities with which he shall be chargeable, shall be charged with interest, at the rate then current within the said Colony and its dependencies, for such sum and sums of money as from time to time shall have been in his hands, whether he shall, or shall not make interest thereof. 21. And be it further enacted and ordained, that where letters of administration, or ad colligenda bona, have been granted to the Registrar under the statute of the 39th and 40th Geo. 3, or otherwise as Registrar, he shall within fourteen days after receiving any money belonging to any estate to the amount of one hundred dollars, clear of all just allowances and deductions for commission, pay the same into the hands of the Colonial Treasurer to the credit of the said estate, unless the Chief Justice, upon a written statement of facts, shall report that it will be more expedient for the said estate to be otherwise held or disposed of; and such Treasurer shall receive from the Registrar, as administrator as aforesaid under the statute, all such sums of money as he shall tender to him, and shall carry the same to the credit of such estates as the said Registrar shall specify, giving him at the same time a receipt for the specific sums so paid in; and whenever the said Registrar shall have occasion to draw any sum of money out of the hands of such treasurer, he shall apply by petition to the Court, or to the Chief Justice at chambers, for an order for the payment thereof, stating, in such petition, the purpose for which such money is required, and such treasurer shall not pay over any monies which may have been paid into his hands as aforesaid without such order. 22. And be it further enacted and ordained, that the said Supreme Court shall be a Court of Vice-Admiralty jurisdiction, and shall have, and possess the same power, authority, and jurisdiction, as is had, and possessed, by other Courts of Vice-Admiralty abroad. 23. And be it further enacted and ordained, that it shall be lawful for the said Supreme Court to have and exercise within the said Colony of Hongkong and its dependencies all such powers, jurisdiction, and authority, over Her Majesty's subjects within the dominions of the Emperor of China, or within any ship or vessel at a
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58

Allowances to be

made to

executors or

administrators.

Payment of money into

Treasury.

Admiralty.

Court to exercise jurisdiction over Her Majesty's subjects in China,

ORDINANCE No. 15 OF 1844.

Supreme Court.

thereto, or any part thereof, as creditors, legatees, or next of kin, or by any other right or title whatsoever.

20. And be it further enacted and ordained, that it shall and may be lawful for the said Supreme Court, to allow to any executor or administrator of the effects of any deceased person (except as herein mentioned) such commission, or percentage out of their assets, as shall be just and reasonable, for their pains and trouble therein: Pro- vided always, that no allowance whatever shall be made for the pains and trouble of any executor or administrator who shall neglect to pass his accounts at such time, or to dispose of any money, goods, chattels, or securities with which he shall be chargeable in such manner, as in pursuance of any general or special rule or order of the said Court shall be requisite, and moreover, every such executor or administrator, so neglect- ing to pass his accounts, or to dispose of any such money, goods, chattels, or securities with which he shall be chargeable, shall be charged with interest, at the rate then current within the said Colony and its dependencies, for such sum and sums of money as from time to time shall have been in his hands, whether he shall, or shall not make interest thereof.

21. And be it further enacted and ordained, that where letters of administration, or ad colligenda bona, have been granted to the Registrar under the statute of the 39th and 40th Geo. 3, or otherwise as Registrar, he shall within fourteen days after receiving any money belonging to any estate to the amount of one hundred dollars, clear of all just allowances and deductions for commission, pay the same into the hands of the Colonial Treasurer to the credit of the said estate, unless the Chief Justice, upon a written statement of facts, shall report that it will be more expedient for the said estate to be otherwise held or disposed of; and such Treasurer shall receive from the Registrar, as administrator as aforesaid under the statute, all such sums of money as he shall tender to him, and shall carry the same to the credit of such estates as the said Registrar shall specify, giving him at the same time a receipt for the specific sums so paid in; and whenever the said Registrar shall have occasion to draw any sum of money out of the hands of such treasurer, he shall apply by petition to the Court, or to the Chief Justice at chambers, for an order for the payment thereof, stating, in such petition, the purpose for which such money is required, and such treasurer shall not pay over any monies which may have been paid into his hands as aforesaid without such order.

22. And be it further enacted and ordained, that the said Supreme Court shall be a Court of Vice-Admiralty jurisdiction, and shall have, and possess the same power, authority, and jurisdiction, as is had, and possessed, by other Courts of Vice-Admiralty abroad.

23. And be it further enacted and ordained, that it shall be lawful for the said Supreme Court to have and exercise within the said Colony of Hongkong and its dependencies all such powers, jurisdiction, and authority, over Her Majesty's subjects within the dominions of the Emperor of China, or within any ship or vessel at a

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