UNCLAIMED BALANCES ORDINANCE

UNCLAIMED BALANCES ORDINANCE

CHAPTER 122.

UNCLAIMED BALANCES.

Toconsolidate and amend the law with respect to certain unclaimed
balances and certain other unclaimed sums

[8th March, 1929.]

1. This Ordinance may be cited as the Unclaimed Balances
Ordinance.

2. In this Ordinance the term 'officer of the Govern-

ment' includes the Official Administrator, the Official
Receiver and the Official Trustee.

3. (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 `.,an intestate estate administered by the Official Administrator
under section 19 of the Probate and Administration Ordinance, 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 made shall state the particulars of the sum
transferred and shall contain aii 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.

4. Where administration lias 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 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 him 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.



5.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 4 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 furhter claim can reasonably be expected against the estate.

6. Where any unclaimed balance paid into the Treasury or
into the account of the Government under the provisions of
section 5 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.

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

(2) Before making an), 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.

8. 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.

9.It shall be lawful for any claimant to any money

transferred to the general revenue of the Colony under the
provisions of 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 claini
to the satisfaction of the court, it shall make aii order
declaring hirn entitled thereto.Ariv such order shall be
served on the Accountant General, who shall comply there-
with.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 ancl equity in and
subject to which an -action for the like purpose might be
brought against a subject.

10. The Governor in Council may entertain any moral
clairn which may be submitted to him by petition in writing
by any person, praying for payment of any sum of nioney
which may have been transferred to the general revenue of
the Colony under the provisions of this Ordinance, 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.

11. The general revenue of the Colony shall be appli-
cable to any payment ordered to be made under this
Ordinance.

12. Nothing in this Ordinance shall affect any of the
provisions of the Bankruptcy Ordinance with regard to
unclaimed dividends aiid funds in bankruptcy proceedings.


Originally 5 of 1929. Fraser 5 of 1929. Short title. Interpretation. Transfer of unclaimed balances generally. (Cap. 10.) Advertisements as to interstates' estates. Transfer of unclaimed balances of intestates' estates. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. [s. 7 cont.] Refund of transferred balances and sums. Application for refund of money transferred. Moral claims. Charging of general revenue. Saving. (Cap. 6.)

Originally 5 of 1929. Fraser 5 of 1929. Short title. Interpretation. Transfer of unclaimed balances generally. (Cap. 10.) Advertisements as to interstates' estates. Transfer of unclaimed balances of intestates' estates. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. [s. 7 cont.] Refund of transferred balances and sums. Application for refund of money transferred. Moral claims. Charging of general revenue. Saving. (Cap. 6.)

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