1950_LAW_AMENDMENT_(MISCELLANEOUS_PROVISIONS)_ORDINANCE — Page 2

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 23]

Originally

4 of 1901.

Fraser

2 of 1901.

1 of 1864.

5 of 1886.

4 of 1901,

Law Amendment (Miscellaneous Provisions).

CHAPTER 23.

LAW AMENDMENT (MISCELLANEOUS PROVISIONS).

To amend and declare in certain respects the law to be administered in the Supreme Court, the laws of trade and commerce, and to enact other miscellaneous provisions.

31 of 1911.

1 of 1920.

27 of 1935.

[1st July, 1901.]

Short title.

Administration by the court of estate of deceased insolvent person.

36 & 37 Vict. c. 66, s. 25 (1).

Statute of limitations.

36 & 37 Vict. c. 66, s. 25 (2).

Equitable waste.

36 & 37 Vict. c. 66, s. 25 (3).

1. This Ordinance may be cited as the Law Amendment (Miscellaneous Provisions) Ordinance.

Amendment and Declaration of Law.

In the administration by the court of the assets of any deceased person whose estate may prove to be insufficient for the payment in full of his debts and liabilities, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force under the law of bankruptcy with respect to the estates of persons adjudged bankrupt; and all persons who in any such case would be entitled to prove for and receive dividends out of the estate of any such deceased person may come in under the judgment or order for the administration of such estate and make such claims against the same as they may respectively be entitled to by virtue of this Ordinance.

3. No claim of a cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any statute of limitations.

4. An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right expressly appears by the instrument creating such estate.

418

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CAP. 23] Originally 4 of 1901. Fraser 2 of 1901. 1 of 1864. 5 of 1886. 4 of 1901, Law Amendment (Miscellaneous Provisions). CHAPTER 23. LAW AMENDMENT (MISCELLANEOUS PROVISIONS). To amend and declare in certain respects the law to be administered in the Supreme Court, the laws of trade and commerce, and to enact other miscellaneous provisions. 31 of 1911. 1 of 1920. 27 of 1935. [1st July, 1901.] Short title. Administration by the court of estate of deceased insolvent person. 36 & 37 Vict. c. 66, s. 25 (1). Statute of limitations. 36 & 37 Vict. c. 66, s. 25 (2). Equitable waste. 36 & 37 Vict. c. 66, s. 25 (3). 1. This Ordinance may be cited as the Law Amendment (Miscellaneous Provisions) Ordinance. Amendment and Declaration of Law. In the administration by the court of the assets of any deceased person whose estate may prove to be insufficient for the payment in full of his debts and liabilities, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force under the law of bankruptcy with respect to the estates of persons adjudged bankrupt; and all persons who in any such case would be entitled to prove for and receive dividends out of the estate of any such deceased person may come in under the judgment or order for the administration of such estate and make such claims against the same as they may respectively be entitled to by virtue of this Ordinance. 3. No claim of a cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any statute of limitations. 4. An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right expressly appears by the instrument creating such estate. 418
Baseline (Original)
CAP. 23] Originally 4 of 1901. Fraser 2 of 1901. 1 of 1864. 5 of 1886. 4 of 1901, Law Amendment (Miscellaneous Provisions). CHAPTER 23. LAW AMENDMENT (MISCELLANEOUS PROVISIONS). To amend and declare in certain respects the law to be administered in the Supreme Court, the laws of trade and commerce, and to enact other miscellaneous pro- visions. 31 of 1911. 1 of 1920. 27 of 1935. [1st July, 1901.] Short title. Administra- tion by the court of estate of deceased insolvent person. 36 & 37 Vict. c. 66, 8. 25 (1). Statute "of limitations. 36 & 37 Vict. c. 66, 8. 25 (2). Equitable waste. 36 & 37 Vict. c. 66, B. 25 (3). 1. This Ordinance may be cited as the Law Amend- ment (Miscellaneous Provisions) Ordinance. Amendment and Declaration of Law. In the administration by the court of the assets of any deceased person whose estate may prove to be in- sufficient for the payment in full of his debts and liabilities, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respec- tively, as may be in force under the law of bankruptcy with respect to the estates of persons adjudged bankrupt; and all persons who in any such case would be entitled to prove for and receive dividends out of the estate of any such deceased person may come in under the judgment or order for the administration of such estate and make such claims against the same as they may respectively be entitled to by virtue of this Ordinance. [4 3. No claim of a cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any statute of limitations. [5 4. An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right expressly appears by the instrument creating such estate. [6 418
2026-05-03 22:08:32 · Baseline
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CAP. 23]

Originally

4 of 1901.

Fraser

2 of 1901.

1 of 1864.

5 of 1886.

4 of 1901,

Law Amendment (Miscellaneous Provisions).

CHAPTER 23.

LAW AMENDMENT (MISCELLANEOUS PROVISIONS).

To amend and declare in certain respects the law to be administered in the Supreme Court, the laws of trade and commerce, and to enact other miscellaneous pro-

visions.

31 of 1911.

1 of 1920.

27 of 1935.

[1st July, 1901.]

Short title.

Administra- tion by the

court of

estate of deceased

insolvent

person.

36 & 37 Vict. c. 66,

8. 25 (1).

Statute "of limitations.

36 & 37 Vict. c. 66,

8. 25 (2).

Equitable waste.

36 & 37 Vict. c. 66,

B. 25 (3).

1. This Ordinance may be cited as the Law Amend- ment (Miscellaneous Provisions) Ordinance.

Amendment and Declaration of Law.

In the administration by the court of the assets of any deceased person whose estate may prove to be in- sufficient for the payment in full of his debts and liabilities, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respec- tively, as may be in force under the law of bankruptcy with respect to the estates of persons adjudged bankrupt; and all persons who in any such case would be entitled to prove for and receive dividends out of the estate of any such deceased person may come in under the judgment or order for the administration of such estate and make such claims against the same as they may respectively be entitled to by virtue of this Ordinance.

[4

3. No claim of a cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any statute of limitations.

[5

4. An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right expressly appears by the instrument creating such estate.

[6

418

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