UNCLAIMED BALANCES ORDINANCE, 1885

UNCLAIMED BALANCES ORDINANCE, 1885

No. 1 of 1885.

An Ordinance to make provision with respect to unclaimed
balances.
[2nd March, 1885.]

1. This Ordinance may be cited as the Unclaimed Balances
Ordinace, 1885.

2. All sums of money which, at the commencement of this
Ordinance, have remained unclaimed in the Treasury for a
period of fie years or longe shall be transferred to the
general revenue, subject to the provisions of this Ordinance
for their refund if claimed after such transfer.

3.-(1) any sum of money, other than the balance of an
intestate estate, which, after the commencement of this
Ordinance, may from any cause be unclaimed in the Treasury
may, on the expiration of five years form the date of payment
of such sum into the Treasury, be transferred to the general
revenue subject to the provisions of this Ordinance as to
refund if claimed after such transfer.

(2) A transfer shall be made by an order under the hand
of the Governnor, which order, with the particualrs of the
sum so transferred, shall be published the Gaxette, and
shall state the conditions on which a refund of such sum
may be obtained.

4. On the expiration of one year from the date of the
decease of any peson dying intertate, where administration
has been granted to the Official Administrator and the next

* As amended by Law Rev. Ord., 1923. See also No. 2 of 1897, s. 25.
+ As amended by Law Rev. Ord., 1923.


of kin of the deceased are not known to him, he shall cause
advertisements to be published in this Colony and also, where
in his opinion it is possible, int the mother country of the
deceased, to the effect that if no claim is made within hfive
years, form the date of the decease of the interestate, the funds
remaining from the estate of such person, will be transferred
to the revenue of this Colony subject to the provisions of this
Ordinance: Provided that such advertisemnent sshall not be
necessary where the funds of the estate are less thatn twenty
dolars in value.

5. After five years from the date of the decease of any
such person dying intestate, the Official Administrator shall
pay the unclaimed balance of such person's estate into the
Treasury, and the Governor may direct that it be transferred
to the general revenue subject to the provisions of this
Ordinance as to refund if claimed after such transfer:
Provided that, before such direction is given, a cwertificate
shall be furnished to the Governor by the Official Ad-
ministrator showing that due advertisement has been made
as required by section 4, and that, so far as is known to
him, no further claim can reasonably be expected against
the estate.

6. Any unclaimed balance paid into the Treasury under
the provisions of this Ordinance previous to the expiration
of five years as aforesaid shall be lodged in a chartered or
incorporated bank in the 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.

7.-(1) When any sum of money, other than the balance
of an intestate estate, remains for five years unclaimed in
the supreme Court, it shall be lawful for the court, on the
application of the Registry, to order that such sum be paid
over to the Treasurer for transfer to the general revenue,
subject to the provisions of this Ordinance as to refund if
claimed after such transfer.

(2) Before making any such order the court may order
such notice to be given and to such parties as it may thing
fit.

* As amended by Law Rev. Ord., 1923.



































8. It shall be lawful for any claimant to any money trans-
ferred to the general, revenue under this Ordinance to
present a petition in that behalf to the Supreme Court
against the Attorney General as respondent thereto; and if
the claimant proves his claim to the satisfaction of the court,
it shall make an order, declaring entitled thereto, which
shall be served on the Treasurer, who shall comply there-
with.

9. The Governor in Council, may entertain any moral
claim (as distinguished from any legal or equitable claim)
which may be submitted to him by petition in writing by
any peson, praying for payment of any sum of money which
may have been transferred to the gernerl revenue, and upon
such petition it shall be lawful for the governor in Council
to order that such sum or any portion thereof be paid by the
Treasurer to such person ass isss mentioned in the order.

10. any order made under section 9 shall be a bar to the
extent of any payment made under such orde to any
subsequent claim against the Crown to the same sum.

Short title. Transfer of old balances to revenue of the Colony. Future transfer of unclaimed balances other than inteste estates. Advertisement as to intestate estate. Transfer of unclaimed intestate estate to the Treasury. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Application for refund of money transferred. Moral claims. Effect of refund on moral claims. Charging of general revenue.

Short title. Transfer of old balances to revenue of the Colony. Future transfer of unclaimed balances other than inteste estates. Advertisement as to intestate estate. Transfer of unclaimed intestate estate to the Treasury. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Application for refund of money transferred. Moral claims. Effect of refund on moral claims. Charging of general revenue.

https://oelawhk.lib.hku.hk/items/show/1105

1923

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No. 1 of 1885

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