ORDINANCE No. 6 OF 1845.
Supreme Court.
to be interested therein, such person or persons from time to time giving satisfactory security for paying all such costs as shall arise from the said suit, such person or persons shall, by order of the said Court, be allowed to sue the same in the name of the Attorney General for the time being of the said Colony, and the said bond shall not be sued in any other manner. [Repealed by Ordinances No. 5 of 1858 and No. 8 of 1860.]
20. And be it further enacted and ordained, that the said Supreme Court shall fix certain periods when all persons to whom probates of wills and letters of administration shall be granted by the said Court shall from time to time, until the effects of the deceased persons shall be fully administered, pass their accounts relating thereto before the said Court; and in case the effects of the deceased shall not be fully administered within the time for that purpose to be fixed by the said Court, then, or at any earlier time, if the said Court shall see fit so to direct, the person or persons to whom such probate or administration shall be granted shall pay, deposit, and dispose of the balance of money belonging to the estate of the deceased then in his, her, or their hands, and all money which shall afterwards come into his, her, or their hands, and also all precious stones, jewels, bonds, bills, and securities belonging to the estate of the deceased, in such manner, and unto such persons, as the said Court shall direct for safe custody; and the said Court shall from time to time make such order as shall be just for the due administration of such assets, and for the payment or remittance thereof, or any part thereof, as occasion shall require, to or for the use of any person or persons, whether resident or non-resident in the said Colony and its dependencies, who may be entitled thereto, or any part thereof, as creditors, legatees, or next of kin, or by any other right or title whatsoever. [Repealed by Ordinances No. 5 of 1858 and No. 8 of 1860.]
21. 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. [Repealed by Ordinance No. 8 of 1860.]
22. And be it further enacted and ordained: that where letters of administration, or "ad colligenda bona" have been granted to the Registrar under an Act of Parliament passed at a session holden in the 39th and 40th years of the reign of King George the Third, intituled An Act for establishing further Regulations for the Government of the British Territories in India, and the better administration of Justice within the same, or
Page 125
Court to fix periods at which accounts shall be passed.
Allowances to be made to executors or administrators.
Payment of money into Treasury.
39 & 40 Geo. 3, c. 79. 8. 21.
ORDINANCE No. 6 OF 1845.
Supreme Court.
to be interested therein, such person or persons from time to time giving satisfactory security for paying all such costs as shall arise from the said suit, such person or persons shall, by order of the said Court, be allowed to sue the same in the name of the Attorney General for the time being of the said Colony, and the said bond shall not be sued in any other manner. [Repealed by Ordinances No. 5 of 1858 and No. 8 of 1860.]
20. And be it further enacted and ordained, that the said Supreme Court shall fix certain periods when all persons to whom probates of wills and letters of administra- tion shall be granted by the said Court shall from time to time, until the effects of the deceased persons shall be fully administered, pass their accounts relating thereto before the said Court; and in case the effects of the deceased shall not be fully administered within the time for that purpose to be fixed by the said Court, then, or at any earlier time, if the said Court shall see fit so to direct, the person or persons to whom such probate or administration shall be granted shall pay, deposit, and dispose of the balance of money belonging to the estate of the deceased then in his, her, or their hands, and all money which shall afterwards come into his, her, or their hands, and also all precious stones, jewels, bonds, bills, and securities belonging to the estate of the deceased, in such manner, and unto such persons, as the said Court shall direct for safe custody; and the said Court shall from time to time make such order as shall be just for the due administration of such assets, and for the payment or remittance thereof, or any part thereof, as occasion shall require, to or for the use of any person or persons, whether resident or non-resident in the said Colony and its dependencies, who may be entitled thereto, or any part thereof, as creditors, legatees, or next of kin, or by any other right or title whatsoever. [Repealed by Ordinances No. 5 of 1858 and No. 8 of 1860.]
21. 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. [Repealed by Ordinance No. 8 of 1860.]
22. And be it further enacted and ordained: that where letters of administration, or "ad colligenda bona" have been granted to the Registrar under an Act of Parliament passed at a session holden in the 39th and 40th years of the reign of King George the Third, intituled An Act for establishing further Regulations for the Government of the British Territories in India, and the better administration of Justice within the same, or
125
Court to fix periods at which accounts shall be passed.
Allowances to be made to execu- tors or adminis- trators.
Payment of money into Treasury.
39 & 40 Geo. 3, c. 79. 8. 21.
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