the-ordinances-of-the-legislative-counci-1890 — Page 503

ORDINANCE No. 8 OF 1860 . 467


Probate and Administration.


35. Where any probate or administration is revoked under this Payments
under revoked
Ordinance, all payments bonâ fide made to any executor or administrator probates or
administra
under such probate or administration before the revocation thereof shall tions to be
valid.
be a legal discharge to the person making the same, and the executor or
administrator who shall have acted under any such revoked probate or
administration may detain and reimburse himself in respect of any pay

ments made by him which the person to whom probate or administra
tion , shall be afterwards granted might have lawfully made.

36. All persons making or permitting to be made any payment or Persons mak
ing payment
transfer bonâ fide upon any probate or letters of administration granted in upon probate
granted for
respect of the estate of any deceased person under the authority of this estate of de
ceased person
Ordinance shall be indemnified and protected in so doing , notwithstand to be indem
nified .
ing any defect or circumstance whatsoever affecting the validity of such
probate or letters of administration .

37. All non -contentious business pending in the Supreme Court at Non-conten
tious business
the date of this Ordinance shall be deemed to have been commenced pending to
be deemed
under this Ordinance. And all acts executed under the authority of the commenced
under this
said Court with reference to such business which would have been valid Ordinance.
if the hereby repealed sections of Ordinance No. 6 of 1845 were still in
operation shall be valid and all oaths sworn and bonds executed in man
ner required by the said Court in reference to such business prior to the
date hereof shall continue to have and be deemed to have had the same

force and effect in law as they would have had if sworn and executed in
pursuance of the provisions of this Ordinance, or of Ordinance No. 5 of
1858.

38. The Judge of the said Court shall have and exercise the same Power of
Judge to alter
power of altering and amending grants of probate and letters of admi grants of pro
bate and let
nistration made before the passing of this Ordinance as he has had or ters of admi
nistration
exercised before the date hereof. made prior
to this Ordi
nance.
39. From and after the decease of any person dying intestate and Between the
death of the
until letters of administration shall be granted in respect of his estate person de
ceased and
and effects, the personal estate and effects of such deceased person shall the grant,
the property
be vested in the Registrar of the said Supreme Court . to vest in the
Registrar.
40. Every person other than the Official Administrator to whom Administra
tors to give
any grant of administration shall be committed shall give a bond with bonds.

(if the Court shall require ) one or more surety or sureties conditioned