INTESTATE ESTATES -- UNCLAIMED BALANCES ORDINANCE

INTESTATE ESTATES -- UNCLAIMED BALANCES ORDINANCE

Intestate Estates -- Unclaimed Balances.

No. 6 of 1854.

An Ordinance to provide for tile disposal of unclaimed Balances, of the
Estates of Persons dying Intestate Within the Colony of Hongkong.

31st October, 1854.

aIIEREAS certain sums of money have been for many years past and now are--

lying in custody of the officers in charge of the public treasure vault
of this
Colony, which sums have been delivered to such custody by the Official
Administrator
of Intestate Estates as unclaimed balances of certain such estates, after
full satisfaction
according to scheme of division of all claims proved against such
estates, and in pur-
suance of the terms of Ordinance No. 6 of 1845; and whereas it is
expedient to dispose
of such sums o£ money for the public use and the benefit of this Colony:-
now ;ntrqrnre 1, Bo it therefore enacted and ordained by the Honorable the
Lieutenant-Govern- ,
rxtxtes ere to be. -
rlr.'tl,' '.,,r° or Administering the Government of HonglKong, with
the advice of the Legislative-
tutclnimed for
a,wrtoa of six
years. thereof, that on the expiration of six ears from the date of the
decease of an
t. y y
person dying intestate, it shall be lawful for the Officer Administering
the Govern- -
merit of this Colony to direct the payment o£ the unclaimed balance of
such person's,
estate into the hands of the Colonial Treasurer, for the general purposes
of the Colony,-
or the transfer of such balance to the public funds held by the officers
in charge of the
treasure vault, so that it may be rendered available for the public
purposes of the Co-

ottirsr,l long ; Provided always that a certificate be given by the
Official Administrator of°
:\rIi inivlrutW
rertiHcarc of Intestate Estates showing that due advertisement has been
made for claims against
ndvertivrmrats. -
such estate, and for claims against such balance of such estate, and
that, so far as is. .
known to such Official Administrator, no further claim can reasonably be
expected:
against such balance of such estate.
Ordinance No. 6 of 1854.

Intestate Estates -- Unclaimaed Balances.

2. And be it further enacted and ordained, that from and after the passing of
this Ordiuance all such balances as have lain in the treasure vault of
the Colony for a ilai1llt's to be
dealt with.
longer period than six years, shall and may be at once appropriated by
the Officer
Administering the Government in manner aforesaid, after the production of
the certi-
ficate of the Official Administrator of Intestate Estates to the effect
above specified.

3. And be it further enacted and ordained, that at the expiration of the
fifth year
of such moneys remaining unclaimed, it shall be necessary for the
Official Administrator
to cause advertisements to be published both in this Colony and in the
mother-country
.of the deceased to the effect that if no claimant appear within twelve
months to the
funds in question, the Supreme Court of this Colony on motion made on
that behalf
by the Colonial Government will declare such funds confiscated for
Colonial purposes,
and that whether any claimant appear or not, the expenses attendant on
such advertise.
meats be deducted from the funds advertised.

4. And be it further enacted and ordained, that it sball'bo lawful for
the Officer
Administering the Government in his discretion to direct that all or any
unclaimed
balances as aforesaid at any time previous to the expiration of six years
as aforesaid,
be lodged in a chartered bank within this Colony, at such rate of
interest as clay be
procurable, and that the amount of such interest shall be added to, and
considered
-portion of such unclaimed balance as aforesaid.

5. And be it further enacted and ordained, that this Ordinance shall not
come I'llanelldhlt;
into operation until Her Majesty's pleasure shall be known with respect
thereto. e3i,llse.

As nl ('mn,;s.
(ntion of
1,11etllinleli
1Hlliluaci,.
fSee Ord& \;, 1 of
1857, and :\',f. 7 of

lsaa.)

Lodgment of
nnclainled

117Lt7111('ep Ill !V
chartered Wilk.

[11'ot disallowed C. 0. D. No. 3 2nd April, 1855. Repealed by Ordinance
No. 5 of
1855. Revived by Ordinance No. 1 of 1857 except section 5. AlZ repealed
again lye
Ordinance No. 7 of 1885.]

290

Title.
Preamble.
How intestate estates are to be dealt with, when unclaimed for a period of six years.
Official Administrator's certificate of advertisements. 291

How existing unclaimed balances to be dealt with.
As to confiscation of unclaimed balances. [See Ords. No. 1 of 1857, and No. 7 of 1869.]
Lodgment of unclaimed balances in a chartered bank.
Suspending clause.

290

Title.
Preamble.
How intestate estates are to be dealt with, when unclaimed for a period of six years.
Official Administrator's certificate of advertisements. 291

How existing unclaimed balances to be dealt with.
As to confiscation of unclaimed balances. [See Ords. No. 1 of 1857, and No. 7 of 1869.]
Lodgment of unclaimed balances in a chartered bank.
Suspending clause.

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No. 6 of 1854

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