the-ordinances-of-the-legislative-counci-1890v2 — Page 126

716
[ 7 OF 1885. ] UNCLAIMED BALANCES .


in this Colony and also, where in his opinion it is possible, in
the mother country of the deceased, to the effect that if no
claimant appear within twelve months to claim any funds
remaining from the estate of such deceased person such funds
will be transferred to the revenue of this Colony. Provided
that such advertisement shall not be necessary where the funds
of the estate are less than twenty dollars in value.
Transfer of
unclaimed
4. After five years from the date of the decease of any such
estate to person dying intestate, the Official Administrator shall pay the
Treasury . unclaimed balance of such person's estate into the Colonial
[ Ord , 6 of
1854 , s. 1. ] Treasury, and the Governor may direct that it be appropriated
for the general purposes of the Colony ; provided that before
such direction is given a certificate be furnished to the Governor
by the Official Administrator showing that due advertisement
has been made for claims to such balance of such estate as
required by section 3 of this ordinance , and that, so far as is
known to such Official Administrator , no further claim can
reasonably be expected against such balance .
Interest. 5. Any unclaimed balance paid into the Treasury under the
(Ord. 6 of
1351 , s. 4. ] provisions of this ordinance at any time previous to the expiration
of five years as aforesaid , shall be lodged in a chartered or
incorporated bank within this Colony, at such rate of interest
as may be procurable, and the amount of such interest shall be
added to, and considered portion of such unclaimed balance.
Refunds.
Petition to 6. It shall be lawful for any claimant to any money paid into
Supreme
Court. the Treasury under this ordinance, to present his summary
[Ibid, s. 3.] petition in thatbehalf to the Supreme Court against the Queen's
Attorney General as respondent thereto; and if he shall verify
his said claim by evidence to the satisfaction of the said Supreme
Court, it shall be the duty of the said Court to make an order
declaring him entitled thereto and the Treasurer on receipt of
such order shall pay the sum mentioned therein to the said
claimant .
Moral claims. 7. The Governor in Council may entertain any moral claim
[ Ord. 7 of
1869 , s. 1.] ( as distinguished from any legal or equitable claim ) which may
be submitted to him by petition in writing by any person ,
praying for payment of any sum of money which may have
been transferred to the Colonial revenue under the provisions
of this ordinance , and upon such petition it shall be lawful for
the Governor in Council, if he shall think fit, to order that such
sum or any portion thereof be paid by the Colonial Treasurer
to such petitioner.
Refund on a
8. Any order made by the Governor in Council under the
bar pro tantoa foregoing section for the payment of the whole or of a portion
to subsequent of any sum of money which may have been transferred to the
claims.
[ Ibid , 6, 2. ] Colonial Revenue under the provisions of this ordinance shall