UNCLAIMED BALANCES ORDINANCE, 1928

UNCLAIMED BALANCES ORDINANCE, 1928

No. 5 of 1929.

An Ordinance to consolidate and amend the law with respect
to certain unclaimed balances and certain other unclaimed
sums.
[8th March, 1929.]

1. This Ordinance may be elt ed as the Unclaimed Balances
Ordinance, 1929.

2. In this Ordinance the term 'officer of the Government
includes the Official Administrator, the Official Receiver and
the Official Trustee.

[s. 3, rep. Law Revision Ordinance, 1939, Supp. Sched.]

4.-(1) Any sum of money other than the balance of an
intestate estate and other than a sum of money in the -Supreme
Court, and any balance of an intestate estate administered by
the Official Administrator under section ig of the Probates
Ordinance, 1897, which may for any cause be unclaimed in the
Treasury or in the hands of any officer of the Government may,
on the expiration of five years from the date of payment of such
sum into the Treasury or receipt thereof by such officer of the
Government, be transferred to the general revenue of the
Colony.

(2) Every transfer of any sum of money thus made to the
general revenue of the Colony shall be by order of the Governor
under the hand of the Colonial Secretary.

(3) Every order thus niade shall state the particulars of the
sum transferred and sliall contain an intimation that the transfer
is subject to the provisions contained in this Ordinance as to
refunds.

(4) Every such order shall be published in the Gazette.

5. Where administration has been granted to the Official
Administrator in respect of the estate of any person who has
died intestate, and where a balance from such estate remains in
the hands of the Official Administrator and the next of kin of

As amended by Lim Rev. Ord., 1939, Supp. Sched.





the deceased are not known to him, the Official Administrator
shall, as soon as may be after such grant, cause advertisements
to be published in the Colony and also, if in his opinion it is
desirable, in any place Where it appears to hirfi probable that
persons entitled to share in the residue of the estate may be
found, to the effect that, if no claim is made within five years
from the date of the first publication of such advertisement in
the Colony, the balance remaining from the estate of such
deceased person will be transferred to the general revenue of the
Colony, subject to the provisions of this Ordinance: Provided
that such advertisement shall not be necessary where the net
value of any estate is less than one hundred dollars.

6. The Official Administrator shall as soon as may be after
the grant to him of administration of the estate of any person
dying intestate pay the unclaimed balance of such estate into
the Treasury, or into the account of the Government at such bank
as the Accountant-General may direct, and the Governor may
direct that such balance be transferred to the general revenue
of the Colony subject to the provisions of this Ordinance as to
claims thereto after such transfer : Provided that where
advertisement is required by section 5 no such direction shall be
given until a certificate has been furnished to the Governor by
the Official Administrator to the effect that due advertisement
has been made as required by that section and that the period
of five years from the publication thereof has expired and that,
so far, as is known to him, no further claim can reasonably be
expected against the estate.

7. Where any unclaimed balance paid into the Treasury
or into the account of the,Government under the provisions of
section 6 amounts to one hundred dollars or upwards, the same
shall bear interest at the like rate as is for the time being
allowed by the Government in respect of sums bearing interest
and deposited with the Accountant-General: Provided that no
interest shall be allowed on any such unclaimed balance after
the transfer of such unclaimed balance to the general revenue
of the Colony.

8.-(1) When any sum of money, other than the balance
of an intestate estate, remains for a period of five years or longer

As amended by Law Rev. Ord., 1939, Supp. Sebed.





unclaimed in the Supreme Court, it shall be lawful for the court,
on the application of the Registrar, to order such sum to be paid
over to the Accountant-General for transfer to the general
revenue of the Colony.

(2) Before making any such order the court may direct that
such notice, if any, as it deems necessary shall be given and to
such parties as it may think fit.

9. Every transfer to the, general revenue of the Colony under
the provisions of this Ordinance shall be subject to the provisions
therein contained as to refund.

10. It shall be lawful for any claimant to any money
transferred to the general revenue of the Colony under the
provisions of this Ordinance or of the Unclaimed Balances
Ordinance, 1885, 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 him entitled
thereto. Any such order shall be served on the Accountant-
General, who shall comply therewith. No such order as
aforesaid shall entitle the claimant to any interest upon any
money transferred to the general revenue of the Colony after
the date of such transfer. No such petition shall be presented
except within the same time and subject to the same rules of law
and equity in and subject to which an action for the like purpose
might be brought against a subject.

It. The Governor in Council may entertain any moral 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 general revenue of the Colony under
the provisions of this Ordinance, or of the Unclaimed Balances
Ordinance, 1885, 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 Accountant-General to such person as is
mentioned in the order.

12. The general revenue of the Colony shall be applicable
to any payment ordered to be made under this Ordinance.

As amended by Law Rev. Ord,, 1939, Supp. Sched.

13. Nothing in this Ordinance shall affect any of the
provisions of the Bankruptcy Ordinance, 1931, with reward to
unclaimed dividends and funds in bankruptcy proceedings.

[Originally No. 5 of 1929. Law Rev. Ord., 1939.] Short title. Interpretation. Transfer of unclaimed balances generally. Ordinance No. 2 of 1897. [cf. No. 2 of 1897, s. 65 (3), No. 10 of 1900, s. 16 (6), and No. 10 of 1931, s. 130 (4).] Advertisements as to intestates estates. Transfer of unclaimed balances of intestates estates. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Refund of transferred balances and sums. Application for refund of money transferred. Ordinance No. 1 of 1885. Moral claims. Ordinance No. 1 of 1885. Charging of general revenue. Saving. Ordinance No. 10 of 1931.

[Originally No. 5 of 1929. Law Rev. Ord., 1939.] Short title. Interpretation. Transfer of unclaimed balances generally. Ordinance No. 2 of 1897. [cf. No. 2 of 1897, s. 65 (3), No. 10 of 1900, s. 16 (6), and No. 10 of 1931, s. 130 (4).] Advertisements as to intestates estates. Transfer of unclaimed balances of intestates estates. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Refund of transferred balances and sums. Application for refund of money transferred. Ordinance No. 1 of 1885. Moral claims. Ordinance No. 1 of 1885. Charging of general revenue. Saving. Ordinance No. 10 of 1931.

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