UNCLAIMED BALANCES ORDINANCE, 1885

UNCLAIMED BALANCES ORDINANCE, 1885

-1885.-

No. 1 of 1885.

To make provision with respect to Unclaimed Balances.

[2nd March, 1885.]

1. The Unclaimed Balances Ordinance, 1885.

2. All sums of money which, at the commencement of this
Ordinance have remained unclaimed in the Treasury for a period
of 5 years or longer shall be transferred to the general revenue,
subject to the provision 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,
mmay from any cause be unclaimed in the Treasury may, on the
expiration of 5 years from 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
Governor, which order, with the particulars of the sum so transferred,
shall be published in the Gazette, and shall state the
conditions on which a refund of such sums may be obtained.

4. On the expiration of one year from the date of the decease
of any person dying intestate, where administration has been
granted to the Official Administrator and the next 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, in the mother country of the deceased, to the effect that
if no claim is made within 5 years from the date of the decease of
the intestate, the funds remaining from the estate of such persion,
will be transferred to the revenue of this Colony subject to the
provisions of this Ordinance: Provided that such advertisement
shall not be necessary where the funds of the estate are less than
20 dollars in value.




5. After 5 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
certificate shall be furnished to the Governor by the Official
Administrator showing that due advertisement has been made as
required by the last section, 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 5 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 surn of money, other than the balance of
an intestate estate, remains for 5 years unclaimed in the Supreme
Court, it shall be lawful for the Court, on the application of the
Registriar, 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 think fit.

8. It shall be lawful for any claimant to any money transferred
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 him
entitled thereto, which shall be served on the Treasurer, who shall
comply therewith.

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 by any person, praying
for payment of any sum of money which may have been transferred

to the general 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 as is mentioned in
the order.

10. Any order made under the last section shall be a bar to the
extent of any payment made under such order to any subsequent
claim against the Crown to the same sum.
11. The general revenue shall be applicable to any payment
ordered to be made under this Ordinance.
Short title. Transfer of old balances to revenue of the Colony. Future transfer of unclaimed balances other than intestate estate. Advertisement as to intestate estate. Transfer of unclaimed intestate estate to 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 intestate estate. Advertisement as to intestate estate. Transfer of unclaimed intestate estate to 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/813

1912

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