PROBATE AND ADMINISTRATION ORDINANCE

PROBATE AND ADMINISTRATION ORDINANCE

Probate and Administration.

No. 9 of 1870.

An Ordinance to amend Ordinance No. 8 of 1860, and to make
further provision in relation to the Administration of the
Estate and Effects of Deceased Persons.

[19th August, 1870.]

Wfl E REAS it is expedient to amend Ordinance No 8 of 1860, and to
make further provision in relation to the administration of the
estate and effects of decea.secl persons: Be it enacted by the Governor of
Honghon with the advice of the Legislative Couxrcil thereof, as follows:

1. It is hereby declared that tl~e Registrar of the Supreme Court is
ex-o~'tcio Official Administrator under =Qrdinance No. 8 of 1860.

2. 7n the administration of the estate of every person who shall
die after the passim of this Urdinance,-no debt or .liability of such
person
shall be entitled to any priority or, preference by reason merely that the
same is secured by or arises under, a bond, deed, or other instrument
under seal, or is otherwise made or constituted a specialty debt; but all
OII;DIXANCI~4 No. 9 of 1870.

Probate and Administration.

the creditors of such person;.as well specialty as simple contract, shall
be
treated as standing in equal degree, and be paid accordingly out of the
assets of such deceased person, whether such assets. are 1e;a1 or
equitable,.
any other law to the contrary notwithstanding: Provided always, .that

this Ordinance shall not prejudice or affect any lien, charge, or other
security which any creditor may hold or be. entitled to for the payment

::.~j;- Any executor or administrator may, apply by summary petition

.f~tsGr~. ;

v' ~ ~=a '~'y~rpiY: to

eeii or-0

-the Supreme Court, for an order lirnitin(Y the time for creditors and
others o send'iu their claims against the estate of the testator or
intestate
and: specifying what notices are,to be given of the making of such order,
and of the tune thereby limited ; and where an executor or administrator
shall have given the notices specified in such order, he shall at the
expi-
ration of the time limited thereby for sending in such claims, be at
liberty,
td distribute the assets of the testator or intestate or any part thereof,
siri~ot~gst. the parties entitled thereto, having regard to the claims of
which

r slich eiycutor or administrator has then notice, and shall not be
liable for

~` ' y` ~ ' ~ the a4ets'br and part thereof; so distributed to any person
of whose claim.

`~ R : a such executor'or administrator shrllnot have had notice at the
time of

distribution of the said assets or a part thereof, as the case may be;
but`
~.=v ==;nothiha in this section contained shall prejudice the right of
any, creditor-

. or claimant to follow the assets or anyhart thereof, into the hands of
the
persons who may have received the same respectively,

_ ;.~,c~ .: .¢ It, shall be lnvful foi:=the Official Administrator,
whenever he shall

M

a~` ~ .r think it expedient so to do aad`upon such evidence of death as
he shall
deem sufficient, to take possession. of the private papers, Monies, goods,

any na°e~a ,
psr~n,rutu.,_ ,.`.cbatte and other . moveable pzoperty whatsoever of any
deceased lae~son -
grant o~
probate or aa~ which shall be found within the Colony and to provide for
the safe custody,

Mjni$~rat'°n` ~ Iemto f~; .until probate of the: will df, such deceased
person or letters of
all inr.nrstxation of his estate,:--

and effee'ts, shall have been granted~by tile
Supreme Court- Provided always that the Official Administrator may; in
lieu thereof, if he shall think fit, issue forthwith a commission of a
raise-

anent of the said property:.

5., .Any person w-ho shail,,,zvithout lawful authorityor excuse remove-
r ~'~; ox attempt to remove out of .the;. Colony any such property as
aforesaid:;
r efu - or hall destroy, conceal or refuse to field a the same on demand
to .the

give u

8109
p such. . ~ ~' p

pl°pertY° pcial Administrator, shall be guiltyof a misdemeanor: and shall
be-
ORDINANCE No: 9, oFV,1870.,

Probate dad- Administration.

liable, on summary convictiozt thereof before a Magistrate, to a, fine not
excee;lincr tine hundred dollars With or without imprisonment not,exceedy
ink six months.

6. No action shall he.brought against the Official Administrator for
anything done by him in relation to. such property under the authority
or in the elocution or intended execution of the powers jested in,hixn lay
section 4, but airy person who shall feel aggrieved thereby gay apply for
redress to the Supreme Court in its probate ,jurisdiction by,;;summaZ.y,
petition verified upon oath or declaration an a upon the hearing of such
petition in Court or in chambers, and whether in vacation or. not, the
said Court may. take such evidence ,is it- shill thinly fit, and zO
ay-zni&
any order in relation to qLich property -which the justice- of - the
cii,se
requires.

7. The Offxe'ial .ridtninistrator shall have a lien upon all such property
for the reasonable expenses inmarrecl lay him in respect thereof iii
carz-yinIg
out the provisions of section 4, and such expenses shall also constitute a
primary charge on .the.estate of the deceased:

$.. When any person shall die leaviizg a will within tbeColony, th,~' Wfb

person in whose keeping -it shall have beexz= deposited oir olio. sh0

l,~ ~~~
find such will after the testator's 'deafh- -6611':
shall deliver the same to the- Official 1dai zn'istratozs wit'hi
:fottrteeh das

of `the death of the testator or of the tixne~when he slpall:
have~`l~a.d-'notice

thereof, or from the time of the fiudinuof the will, as the case'may be,
ftiid
any person who shall fail to comply with the provisions °of this, seation-
slzAll be guilty, of a misdemeanor and shall be liable izpon-su`zxz.mary
coxi-
victionthereof, to a fine not exceedin-a , five hundred dollars::

Espctmes
incnxxed -
under see. 4

9: Whenever any person' being a native'o£ China shah the intestate
leaving property -within the jurisdiction of the Supreme Court, and it
shall
be necessary to obtain proof of-the IavkT cif Chmd for` the purpose. of

reaulatina*tl'ze administration- of . the . propErty- ; of such deceased
person-.,-
according to the law of his dornicil, it :shall be lawful for the
Suprexzir '-
Gotzrt, in its discretion, to receive in evidence any written
staternentl~of
the law of China, which shall be certified by any British Consul in-Glina
under hip official seal to have. been obtained by him :Sfrom = tie
-Chinese

Government for t~e purposes of such administration,. and with reference
to the facts of the particular case under consideration.
ORDINA\ CE No. 9 of 1870.

Probate and Administration.

~~er Ga :: ` : 10. The Chief Justice 'May, from tune to, time, frame
general rules or

Pr~nae, ~ene~af - r
~teg:$u~ orders to be approved by the Lebislacive 'Council, for the
following'

N

purposes, and with the like approval, may rescind or vary the same

L. For reigulating the practice and procedure of the Slq-.)rem6
Court, and the several forms of petitions, orders, and
other proceedings to be used in the Court in its probate
jurisdiction. -

2. For rebulatiua the duties of tire varions officers of tire Supreme:
Court, in its probate jurisdiction.

3. For regulating the fees payable and the charges and costs to
be allowed with respect to all proceedings before the
Supreme Court, in its probate jurisdiction.

4. For regulating the filing, custody, and inspection of records,
and generally for carrying the provisions of Ordinance-
IN o. $ of 1860, and of this Ordinance into effect.

~h~:zut~s.n~'~, ~~IT1, I. arise .which shall nQt have
been expressly.
the gene rll rules or orders to be made in -pursuance.of

tte.l.tst preceding section -but -for which provision has been made V the
1? ~, ~ 1 Y

~~Wcn ~rs- rules or orders for the time being in force, in the Court of
Probate in.

Lnnland, the, Court may, in its discrc;tion, apple to such cage any of
such
. ;las.t mentioned rules and orders, and until such general rules and
orders
y, s'h all; liav~=been made as aforesaid, . the G~onr t may: direct that
the rules

A
` -v v s~nd orders now in force or which inay hereafter be i n force - in
the Court, of'

~'rflbate i-iz Eibland or-any.yoart thereof, and the forms of proceedings
iii
apse therea, or any o£ them;. sizliject to` their applicability and with
such

as the circumstances require, shall be followed and adopted.`

ipreme Court in its probate jurisdiction.

--1....NQ~hina herein = contained shall affect any other rcrnecly, or
pviilisha6,xit which may tzow by law-exist for any act done in contraven-

tionvof the provisions of thisYOrditrance.
1057
Title.
Preamble.
Declaratory as to 'Official Administrator.'
[See Ord. No. 13 of 1890.]
Distinction between specialty and simple contract debts abolished.
[ See 32 & 33 V. c. 47 s. 1.]
1058
Executor or Adminisrator may apply for order to distribute assets.
Official Administrator may take possession of property of any deceased person until grant of probate or administration.
Penalty for removing, concealing or refusing to give up such property.

1059
No action shall be brought against the Official Administrator.
Remedy by petition.
Expenses incurred under sec. 4 to be a charge on the estate.
Production of will by any person who shall find the same or in whose keeping it may be.
Proof of Chinese law.
1060
Power to frame general rules and orders.
The rules and orders of the Court of Probate in England may be adopted in certain cases.
Saving of other remedies, &c., for offences against this Ordinance.

1057
Title.
Preamble.
Declaratory as to 'Official Administrator.'
[See Ord. No. 13 of 1890.]
Distinction between specialty and simple contract debts abolished.
[ See 32 & 33 V. c. 47 s. 1.]
1058
Executor or Adminisrator may apply for order to distribute assets.
Official Administrator may take possession of property of any deceased person until grant of probate or administration.
Penalty for removing, concealing or refusing to give up such property.

1059
No action shall be brought against the Official Administrator.
Remedy by petition.
Expenses incurred under sec. 4 to be a charge on the estate.
Production of will by any person who shall find the same or in whose keeping it may be.
Proof of Chinese law.
1060
Power to frame general rules and orders.
The rules and orders of the Court of Probate in England may be adopted in certain cases.
Saving of other remedies, &c., for offences against this Ordinance.

https://oelawhk.lib.hku.hk/items/show/278

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