298
Grant of special administra- tion where.
exécutor or administrator is out of jurisdiction.
Payment of
No. 2. THE ORDINANCES OF HONGKONG [A.D. 188- Court thinks fit to be such administrator, on his giving such security if
any, as the Court may direct, and every such administration may be limited in such manner as the Court thinks fit.
34-(1.) At the expiration of twelve months from the death of the deceased person, if the executor or executors to whom probate of the will has been granted, or the person or persons to whom administration has been granted, is or are residing out of the jurisdiction of the Court, it shall be lawful for the Court, on the application of any creditor, next of kin, or legatee, grounded on an affidavit made for that purpose, to grant such special administration as it may think fit of the estate of such deceased person.
(2.) It shall be lawful for the Court; on application made for the purpose by any person interested, to direct any shares or stock in any joint stock company to be transferred into the name of the Registrar for trust for such purposes as the Court may direct, in any action in which the person to whom such special administration has been granted is a party. Provided, nevertheless, that if any executor or administrator of such deceased person, being capable of acting as such, returns to and resides within the jurisdiction of the Court, the Court may, if it thinks fit, revoke such special grant: Provided, also, that if any action is pending in any Court in relation to the estate of such deceased person, such executor or administrator shall be entitled to be made a party thereto.
35. The costs incurred by granting any such special administration and costs relating shall be paid by such person or out of such fund as the Court may to special administration. direct, and the costs incurred by proceeding in any action against any such administrator shall be paid by such person or out of such fund as the Court in which the action is pending may direct.
Case of infant being sole executor.
*38-Geo. 3
c. 87, s.
Ib. s. 7.
Prohibition of executor
acting pending ad- ministration.
20 & 21 Vict.
c. 77 s. 75.
36.—(1.) Where an infant is sole executor of any deceased person, administration with the will annexed shall be granted to the guardian of such infant, or to such other person as the Court may think fit, until such infant has attained the full age of twenty-one years, at which period, and not before, probate of the will shall be granted to him.
(2.) The
person to whom such administration is granted shall have the same powers vested in him as an administrator now has by virtue of an administration granted to him durante minore ætate of the next of kin.
the
37. After any grant of administration, no person shall have power to sue or prosecute any action, or otherwise to act as executor of the deceased person, as to the personal estate comprised in or affected by such grant of administration, until such administration has been recalled or revoked:
298
Grant of special administra- tion where.
exécutor or administrator is out of jurisdiction.
Payment of
No. 2. THE ORDINANCES OF HONGKONG [A.D. 188- Court thinks fit to be such administrator, on his giving such securi if
any, as the Court may direct, and every such administration ma limited in such manner as the Court thinks fit.
34-(1.) At the expiration of twelve months from the death of deceased person, if the executor or executors to whom probate of will has been granted, or the person or persons to whom administratio has been granted, is or are residing out of the jurisdiction of the Com it shall be lawful for the Court, on the application of any creditor, nex of kin, or legatee, grounded on an affidavit made for that purpose grant such special administration as it may think fit of the estate f such deceased person.
(2.) It shall be lawful for the Court; on application made for the purpose by any person interested, to direct any shares or stock in on joint stock company to be transferred into the name of the Registrar f trust for such purposes as the Court may direct, in any action in which the person to whom such special administration has been granted is a parts Provided, nevertheless, that if any executor or administrator of such deceased person, being capable of acting as such, returns to and resides within the jurisdiction of the Court, the Court may, if it thinks revoke such special grant: Provided, also, that if any action is pending in any Court in relation to the estate of such deceased person, such executor or administrator shall be entitled to be made a party thereto
35. The costs incurred by granting any such special administration costs relating shall be paid by such person or out of such fund as the Court may to special ad.. ministration. direct, and the costs incurred by proceeding in any action against any such administrator shall be paid by such person or out of such fund as the Court in which the action is pending may direct.
Case of infant being sole executor.
*38-Geo. 3
c. 87, 8.
Ib. s. 7.
Prohibition of executor
acting pending ad- ministration.
20 & 21 Vict.
c. 77 8. 75.
36.—(1.) Where an infant is sole executor of any deceased person administration with the will annexed shall be granted to the guardian of such infant, or to such other person as the Court may think fit, until such infant has attained the full age of twenty-one years, at which period, and not before, probate of the will shall be granted to him
:(2.) The
person to whom such administration is granted shall have the same powers vested in him as an administrator now has by virtue of an administration granted to him durante minore ætate of the next of kin.
the
37. After any grant of administration, no person shall have power to sue or prosecute any action, or otherwise to act as executor of the deceased person, as to the personal estate comprised in or affected by such grant of administration, until such administration has been recalled or revoked:
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