UNCLAIMED BALANCES ORDINANCE, 1885

UNCLAIMED BALANCES ORDINANCE, 1885

Unclaimed Balances.

No. 7 of 1885.

An Ordinance entitled The Unclaimed Balances Ordinance,
1880'

[2nd March, 1885.]

BE it enacted by the Governor of Hoogkon~, with the
advice of the,
Lenislative Council thereof, as follows:-
nr;aa4t~ of 1. All sums of money which at the time of the passing of tl;~is
old laalvnces
to ,.evt,tle Or Ordinance have remained unclaimed in the 'treasury of
this Colony for a
~~'r''j' period of five years or lnger, shall be transferred to the
general revenue,
of the Colony, subject to the provisions of this Ordinance for their
refund
if claimed after ''such transfer.
Lists of such sums ~ shall forthwith be published in the Government
R
Gazette with a notice calling upon the Qwners thereof to claim them:
~~,it.r~;,~tr_ 2. Any, stun of money other-than the balance of an
intestate estate

-which after the passing of this Ordinance may from any cause be unclaimed
in the Treasury of this Colony nay, ors the expiration of five years from.
the date of payment of such sum into the '1 reasury, be transferred to the
general revenue of the Colony, subject to the provisions-of this
Ordinance.
for the refund of such sum if claimed.
ORDINkNCE No. 7 . of 18-83:

Unclaimed Balwes.

Transfers under,the provisions of this section shall be made by yin
order under the hand of the Governor, which order, with the particulars
-of the sums so transferred, shall be published in the Government Gazette,
-and shall state the conditions on which a refund of such sums may be
obtained. ,

3. On the expiration of one year from the date of the decease of any
person dying, intestate where administration liar been granted to the
Official Administrator and the next of kin of the deceased are not known
to such Official Administrator, the Official Administrator shall c1luse
advertisements to be published 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 advert.ise-
ment shall not be necessary Nvhere the funds of the estate tire less than
twenty dollars in value.

4. After five years from the (late of the decease of any such person
dying intestate, the Official Administrator shall pay the unclaimed
balance
of'such person's estate into the Colonial 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 clue 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.

5. Any unclaimed balance paid intotheTrea Bury under the provisions
tr,t,,Cr..
ford. cs of
of this Ordinance at any time previous to the expiration of five years
.as fs>d s. 4.l
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.

ziiteatate
estates,
tnlvertisE-

YTI C'11 t S,

ford. 6 of

Refunds..

6, It shall be lawful ~ for any claimant to any money paid into the
.'-f reasury under this Ordinance, to present his suminary petition in
that
behalf to the Supreme Court against ~ the Queen's Attorney General as.

'l'rcmsi'ur of
u ml:li nlec 1
estate to
'1'rea5u rv.
( Ord. E>~ot'
1854, s. 1.1

Petition to
Supreme
Court.
[Ibid, s. 3.]r
LTnelei»ae-d .$ah~e&

respondent thereto ; and if he shill 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 smn mentioned therein to the said
claimant.
VIc>ral ctaium. 7, The Governor in Council may entertain any moral clt~im
(as
[cod. 7 rf
lsrs~r,,5.1.~ 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.
w8, Any order made by the Governor in Council under the foregoing

section for the payment of the whole or of a portion of any sum, of money
which may have been transferred to the Colonial Revenue under the
provisions of this Ordinance shall be a bar to the extent of any payment
made under such order to any subsequent claim a;ainst the Crown, t&
the same sum,

9. The ;eneral revenue of the Colony shall be applicable to and

ninrn> 4'If11TY1 y1
bar .2»'n ta-nf, u
to subsequent
rmfim.

1 r var, s. 2.

1C<avinds rnade
out o£ m-
venue.
[,*el 1 0h 1 8:i i ,

payment ordered to be made under the provisions of this Ordinance,

Repeals.

1(1. The follocvina Ordinances are hereby repealed.
No. 6'of 1854.
No. 1 of 1857.
No. 7 of 18G 9.

But this repeal shall nit revive any enactment repealed by any of the
said Ordimanees, and shall not affect anything duly - done or commenced

to, be dome befdre~ the passing of this Ordinance:

Order made by the Governor under section 2, of The Unclaimed Balances
Ordinance, 1885, the Ph February, 1888, ga.zetted the san2e day.

Whereas, the several sums belonging to certain bankrupt estates as
detailed in
the following schedule have remained unclaimed in the hands of the
Official Assignee,.
I 'hereby `ord.er aid direct, pursuant to sectidu 2 of The
Uficlaimed~Balances Ordinance,.
1885', that the said sums be transferred to the general revenue of the
Colony, subject
£o~th&provisioiis of. the said Ordinance for the refund of such sums if
claimed. ;-. . . .,
Vnclabned Balances.

The conditions-on . which,. a, ref udd of, such sums may be obtained
shall be as
follows :--

U That the claimant, if the claim. shall ' be a ' legal one, shall
present his (ordinance
.
summary petition 'to the Supreme 'Court-as against the Attorney of 1885,
star.. 6j
'General, and verify such petition by evidence to the satisfaction of the
said Court,

or

2. If the claim shall be a moral one, (as distinguished from .any legal
or 1835, sec. T,j

(ordinance ,.

equitable claim), the claimant shall submit his chum by .petition .in of
,writing to the Governor in Council.

Schedule referred to in the above Order.

DEPOSITS .N.OT.AVAIL ABLE.

Unclaimed Balances, more than 5 years old on 3.Ist DeceMLer, 1887.

BANKRGrT ESTATES.

'Pam Chmt, Li Kwong and Kwong Lok, .......... ; $,

tT~ Chink;, .......................

TOB-Ut, ........................... ......

Cha
J. F. Schuster,

F. Ilutchings, .........................................................

15.53
18.00
50.?9
64.84
0.44

2.14

.T. M. Hanlon,

Gi 'rsung, . ......

Draimdrase I)ayormull, .... A . ..... ...

Rustonjee Dadabhoy,...
Pang f4ra Ping, .

Paul Phillipe Reimann, ................
`flan I'ak-1zwai,

U Hop, .....

Hongk,gng Pier and Godown. Company, .... .......... ,

John Inglis, :. %

'rang Fulc,
Fung Him Shun, ..................
Flo Kwong Ming, ...................

Leung In. and Leung Ching, ..........................

Ramon N. Orozco,

6.17

......... 329.64

6.64
22:99
48:41

34.06
5 4.'l9
81.21

o:9z

........... 14.95

30.52

32.85
61.66
35.40

0.55

Carried forward, . $ 914.26
ORDINANCE No. 7 of 1885.

Unclaimed Balances.

Brought .forward, :

Frederick Major, ......................................................
Luis Promoli, :.:
Maria mould, ........................................................
Frederick, T. Smith, : :
Harry Corran, : :

Robert H. Sneil, ......................................................
Charles Collins, ......................................................

Hugh Alex. MeLean, ................................................
Ng Lau Tong, : : :
Reuben Solomon, , .

Joseph C. Burt, ,
Thomas In. Smith, ................................................

914.26
2.84
24.07
10.74
42.60
20.'70
5.54
0.71
5:23
0.96
3.44
0.74
0.05
0.22
3.28
10.64
14.53
13.64
15.56
9.3G
39.66

TOTAL $1,138.76

1840

[See Ord. No. 11 of 1888.]
Transfer of old balances to revenue of Colony.
Unclaimed balances other than intestate estates, future transfer of.
1841
Intestate estates, advertisements.
[Ord. 6 of 1854, s. 3.]
Transfer of unclaimed estate to Treasury.
[Ord. 6 of 1854, s. 1.]
Interest.
[Ord. 6 of 1854, .s 4.]
Petition to Supreme Court.
[Ibid, s. 3.]
1842
Moral claims.
[Ord. 7 of 1869, s. 1.]
Refund on a moral claim a bar pro tanto to subsequent claims.
[Ibid, s. 2.]
Refunds made out of revenue.
[See 1 of 1857, s. 2.]
Repeals.
1843
(Ordinance 7 of 1885, sec. 6.)
(Ordinance 7 of 1885, sec. 7.)
1844

1840

[See Ord. No. 11 of 1888.]
Transfer of old balances to revenue of Colony.
Unclaimed balances other than intestate estates, future transfer of.
1841
Intestate estates, advertisements.
[Ord. 6 of 1854, s. 3.]
Transfer of unclaimed estate to Treasury.
[Ord. 6 of 1854, s. 1.]
Interest.
[Ord. 6 of 1854, .s 4.]
Petition to Supreme Court.
[Ibid, s. 3.]
1842
Moral claims.
[Ord. 7 of 1869, s. 1.]
Refund on a moral claim a bar pro tanto to subsequent claims.
[Ibid, s. 2.]
Refunds made out of revenue.
[See 1 of 1857, s. 2.]
Repeals.
1843
(Ordinance 7 of 1885, sec. 6.)
(Ordinance 7 of 1885, sec. 7.)
1844

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1890

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No. 7 of 1885

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