No. 2 of 1897.
853
39. All the provisions of the last section relating to grants of administration pending action shall be deemed to apply to the case of an appeal to His Majesty-in-Council from any decision of the Court.
Administration Bond.
40. Every person (other than the Official Administrator) to whom any grant of administration is committed shall, unless the Court otherwise directs, give a bond, with (if the Court requires) one or more surety or sureties, conditioned for duly collecting, getting in, and administering the estate of the deceased person, and the bond shall be in such form as the Judge may direct: Provided that it shall not be necessary for the Captain Superintendent of Police, when applying for or obtaining administration of the estate of a person dying whilst employed in the police force, as hereinafter provided, to give any such bond as aforesaid.
41. Every such bond shall be in a penalty of double the amount under which the estate of the deceased person is sworn, unless the Court in any case thinks fit to direct the same to be reduced, in which case it shall be lawful for the Court to do so; and the Court may also direct that more bonds than one shall be given so as to limit the liability of any surety to such amount as the Court thinks reasonable.
Revocation of Grant.
42. When any probate or administration is revoked, all payments bona fide made to any executor or administrator under such probate or administration before the revocation thereof shall be a legal discharge to the person making the same, and the executor or administrator who has acted under any such revoked probate or administration may retain and reimburse himself in respect of any payments made by him which the person to whom probate or administration is afterwards granted might have lawfully made.
43. All persons making or permitting to be made any payment or transfer bona fide upon any probate or administration granted in respect of the estate of any deceased person shall be indemnified and protected in so doing, notwithstanding any defect or other thing whatsoever affecting the validity of such probate or administration.
* As amended by No. 50 of 1911 and No. 51 of 1911.
* As amended by No. 1 of 1912.
PROBATES.
No. 2 of 1897.
853
39. All the provisions of the last section relating to.grants of Administra- administration pending action shall be deemed to apply to the case appeal.
tion pending of an appeal to His Majesty-in-Council from any decision of the Court.
Administration Bond.
*
administra-
c. 77 s. 81.
[20 & 21 Vict..
+
40. Every person (other than the Official Administrator) to Bond to be whom any grant of administration is committed shall, unless the given by Court otherwise directs, give a bond, with (if the Court requires) tor. one or more surety or sureties, conditioned for duly collecting, get- ting in, and administering the estate of the deceased person, and the bond shall be in such form as the Judge may direct: Provided that it shall not be necessary for the Captain Superintendent of Police, when applying for or obtaining administration of the estate of a person dying whilst employed in the police force, as hereinafter provided, to give any such bond as aforesaid.
bond.
41. Every such bond shall be in a penalty of double the Amount of amount under which the estate of the deceased person is sworn, [ib. s. 82.] unless the Court in any case thinks fit to direct the same to be reduced, in which case it shall be lawful for the Court to do so; and the Court may also direct that more bonds than one shall be given so as to limit the liability of any surety to such amount as the Court' thinks reasonable.
Revocation of Grant.
payments
administra-
42. When any probate or administration is revoked, all payments Validation of bonâ fide made to any executor or administrator under such probate made under or administration before the revocation thereof shall be a legal dis- probate or charge to the person making the same, and the executor or tion subse- administrator who has acted under any such revoked probate or quently administration may retain and reimburse himself in respect of any [ib. s. 77.] payments made by him which the person to whom probate or administration is afterwards granted might have lawfully made.
revoked.
made under
43. All persons making or permitting to be made any payment Validation of or transfer bond fide upon any probate or administration granted payments in respect of the estate of any deceased person shall be indemnified defective and protected in so doing, notwithstanding any defect or other administra.
probate or thing whatsoever affecting the validity of such probate or adminis- tion.
[ib. s. 78.] tration.
* As amended by No. 50 of 1911 and No. 51 of 1911.
As amended by No. 1 of 1912.
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