the-ordinances-of-the-legislative-counci-1890 — Page 342

306 ORDINANCE No. 5 OF 1855 .


Intestates Estates - Unclaimed Balances.


No. 5 of 1855.
Title.
An Ordinance to repeal Ordinance No. 6 of 1854 , entitled " An Ordinance
to provide for the Disposal of unclaimed Balances of the Estates of
Persons dying Intestate within the Colony of Hongkong, " and to
substitute other Provisions in lieu thereof.

[ 14th June , 1855. ]
Preamble. HEREAS it is expedient to repeal the aforesaid Ordinance No. 6 of 1854, and
W to substitute in lieu thereof other provisions :

Ordinance No. 6 1. Be it therefore enacted and ordained by His Excellency the Governor of
of 1854 repealed.
Hongkong, with the advice of the Legislative Council thereof, that the said Ordinance
be and the same is hereby repealed .

Balances of 2. And whereas certain sums of money have been for many years past and now
intestate estates
when unclaimed are lying in custody of the officers in charge ofthe public treasure vault of this Colony,
for six years, to
be remitted to
Her Majesty's which sums have been delivered to such custody by the Official Administrator of
Treasury.
intestate estates as unclaimed balances of certain such estates, after full satisfaction
according to a scheme of division of all claims proved against such estates, and in
pursuance of the terms of Ordinance No. 6 of 1845 ; and whereas it is expedient to
relieve the said officers from the responsibility attendant on such custody : Be it further
enacted and ordained, that on the expiration of six years from the date of the decease
of any person dying intestate, it shall be lawful for the Governor or Officer
Administering the Government of this Colony to direct the remittal of all funds which
shall be in the Colonial Treasury as the unclaimed estate of any intestate to the Lords
Official Commissioners of Her Majesty's Treasury to be dealt with according to law : Provided
Administrator's
certificate of always, that a certificate be given by the Official Administrator of intestate estates
advertisements.
showing that due advertisement has been made for claims against such estate, and for
claims against such balance of such estate , and that, so far as is known to such Official
Administrator, no further claim to be made in this Colony can reasonably be expected
against such balance of such estate.

Lodgment of 3. And be it further enacted and ordained , that it shall be lawful for the Governor
unclaimed
balances in a
chartered bank. or Officer Administering the Government in his discretion to direct that all or any
unclaimed balances as aforesaid at any time previous to the expiration of six years as
aforesaid, be lodged in a chartered bank within this Colony, under such securities as
shall be satisfactory to him, at such rate of interest as may be procurable, and that
the amount of such interest shall be added to, and considered portion of, such
unclaimed balance as aforesaid.




[ Repealed by Ordinance No. 1 of 1857.]