1912_PROBATES_ORDINANCE__1897 — Page 8

HK Historical Laws 香港歷史法例 All AI Reviewed

850

No. 2 of 1897.

PROBATES.

Half-yearly returns.

Redress against action by administrator.

property which he receives or of which he takes possession under this Ordinance, on payment of the prescribed fees.

(2) If any such copy is refused, the applicant may petition the Court in a summary way for an order on the Official Administrator to give such copy; and the costs of any such petition and order shall be paid by the Official Administrator, if the Court so directs.

28. The Official Administrator shall, on the expiration of each half-year, make out and furnish to the Chief Justice and to the Colonial Secretary a return, according to the form in the 1st schedule, of all estates vested in or administered by him during the half-year then expired, and he shall pay into the hands of the Treasurer the balance remaining in respect of each such estate immediately after the same has been closed.

29. No action shall be brought against the Official Administrator for anything done by him in respect of the execution or the intended execution of any power vested in him by section 14 or section 19, but any person who feels aggrieved thereby may apply for redress to the Court by summary petition verified upon oath, and the Court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires.

PART III.

GRANTING AND REVOCATION OF PROBATES, ETC.

Caveat.

30.-(1) A caveat against the grant of any probate or administration may be lodged in the Registry of the Court.

[20 & 21 Vict. c. 77 s. 58.]

(2) Subject to any rules or orders made under this Ordinance, the practice and procedure of the Court in respect of any such caveat shall, as nearly as may be, correspond with the practice and procedure hitherto in use in respect of such caveats.

31. Where any person renounces probate of the will of which he is appointed executor or one of the executors, the right of such person in respect of the executorship shall wholly cease,

* As amended by No. 50 of 1911 and No. ... of 1912.

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850 No. 2 of 1897. PROBATES. Half-yearly returns. Redress against action by administrator. property which he receives or of which he takes possession under this Ordinance, on payment of the prescribed fees. (2) If any such copy is refused, the applicant may petition the Court in a summary way for an order on the Official Administrator to give such copy; and the costs of any such petition and order shall be paid by the Official Administrator, if the Court so directs. 28. The Official Administrator shall, on the expiration of each half-year, make out and furnish to the Chief Justice and to the Colonial Secretary a return, according to the form in the 1st schedule, of all estates vested in or administered by him during the half-year then expired, and he shall pay into the hands of the Treasurer the balance remaining in respect of each such estate immediately after the same has been closed. 29. No action shall be brought against the Official Administrator for anything done by him in respect of the execution or the intended execution of any power vested in him by section 14 or section 19, but any person who feels aggrieved thereby may apply for redress to the Court by summary petition verified upon oath, and the Court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires. PART III. GRANTING AND REVOCATION OF PROBATES, ETC. Caveat. 30.-(1) A caveat against the grant of any probate or administration may be lodged in the Registry of the Court. [20 & 21 Vict. c. 77 s. 58.] (2) Subject to any rules or orders made under this Ordinance, the practice and procedure of the Court in respect of any such caveat shall, as nearly as may be, correspond with the practice and procedure hitherto in use in respect of such caveats. 31. Where any person renounces probate of the will of which he is appointed executor or one of the executors, the right of such person in respect of the executorship shall wholly cease, * As amended by No. 50 of 1911 and No. ... of 1912.
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850 No. 2 of 1897. PROBATES. · Half-yearly returns. Redress * against action ministrator. property which he receives or of which he takes possession under this Ordinance, on payment of the prescribed fees. (2) If any such copy is refused, the applicant may petition the Court in a summary way for an order on the Official Administrator to give such copy; and the costs of any such petition and order shall be paid by the Official Administrator, if the Court so directs. 28. The Official Administrator shall, on the expiration of each half-year, make out and furnish to the Chief Justice and to the Colonial Secretary a return, according to the form in the 1st schedule, of all estates vested in or administered by him during the half-year then expired, and he shall pay into the hands of the Treasurer the balance remaining in respect of each such estate im- mediately after the same has been closed. 29. No action shall be brought against the Official Administrator of Official Ad- for anything done by him in respect of the execution or the intended execution of any power vested in him by section 14 or section 19, but any person who feels aggrieved thereby may apply for redress to the Court by summary petition verified upon oath, and the Court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires. Practice as to PART III. GRANTING AND REVOCATION OF PROBATES, ETC. Caveat. 30.-(1) A caveat against the grant of any probate or adminis- caveat against tration may be lodged in the Registry of the Court. grant. [20 & 21 Vict. c. 77 s. 58.] Effect of executor renouncing probate. [ib. s. 79.] (2) Subject to any rules or orders made under this Ordinance, the practice and procedure of the Court in respect of any such caveat shall, as nearly as may be, correspond with the practice and procedure hitherto in use in respect of such caveats. Exccutorship. 31. Where any person renounces probate of the will of which he is appointed executor or one of the executors, the right of such person in respect of the executorship shall wholly cease, * As amended by No. 50.of 1911 and No. of 1912. a 1 t. (: $1 th hi ap pr pe to ུ་ of.. not adr the thir any be 1: 34 dece the adm juris appli affida es it (2)- purp any j Regis action i | |
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850

No. 2 of 1897.

PROBATES.

·

Half-yearly returns.

Redress

*

against action

ministrator.

property which he receives or of which he takes possession under this Ordinance, on payment of the prescribed fees.

(2) If any such copy is refused, the applicant may petition the Court in a summary way for an order on the Official Administrator to give such copy; and the costs of any such petition and order shall be paid by the Official Administrator, if the Court so directs.

28. The Official Administrator shall, on the expiration of each half-year, make out and furnish to the Chief Justice and to the Colonial Secretary a return, according to the form in the 1st schedule, of all estates vested in or administered by him during the half-year then expired, and he shall pay into the hands of the Treasurer the balance remaining in respect of each such estate im- mediately after the same has been closed.

29. No action shall be brought against the Official Administrator of Official Ad- for anything done by him in respect of the execution or the intended execution of any power vested in him by section 14 or section 19, but any person who feels aggrieved thereby may apply for redress to the Court by summary petition verified upon oath, and the Court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires.

Practice as to

PART III.

GRANTING AND REVOCATION OF PROBATES, ETC.

Caveat.

30.-(1) A caveat against the grant of any probate or adminis- caveat against tration may be lodged in the Registry of the Court.

grant.

[20 & 21 Vict. c. 77 s. 58.]

Effect of executor renouncing probate. [ib. s. 79.]

(2) Subject to any rules or orders made under this Ordinance, the practice and procedure of the Court in respect of any such caveat shall, as nearly as may be, correspond with the practice and procedure hitherto in use in respect of such caveats.

Exccutorship.

31. Where any person renounces probate of the will of which he is appointed executor or one of the executors, the right of such person in respect of the executorship shall wholly cease,

* As amended by No. 50.of 1911 and No. of 1912.

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