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Proc. No. 28 of 1902.

administration of the estate, find security to the satisfaction of the Master for the due and faithful administration of the estate to which he has been appointed for such amount as in the circumstances of each particular case shall be reasonable. Appointment by 34. If any person shall die, whose estate shall be Master of executors unrepresented, and in so far as the same shall be situated to estates under £100. within this Colony, shall appear to the Master to be under the value of one hundred pounds sterling, the Master may cause such estate to be administered and distributed in accordance with the provisions of the sixty-eighth and sixty-ninth Sections of this Proclamation by an executor dative, to be by him summarily appointed for that purpose.

Operation of this


*35. The provisions of the thirty-sixth, thirty-seventh and part only with regard thirty-eighth Sections of this Proclamation shall come into force to letters granted in with regard to all letters of administration at any time granted State specially proclaimed. in any State, as and from the date of, and during the period (if any), limited by a Notice, which it shall be lawful for the Governor to publish in the Gazette, declaring such State to fall under the provisions of the said Sections, and thereupon the said provisions shall continue in force, either until any period so limited as aforesaid, or any extension thereof by Proclamation in the Gazette shall have expired, or until a further Proclamation shall be similarly published by the Governor declaring that the said provisions shall no longer apply to letters of administration granted in such State.

Letters granted in other State on pro


36. Whenever letters of administration, granted in any State, shall be produced to and a copy thereof deposited with duction to Master the Master by the person in whose favour such letters of may be sealed and signed and given administration have been granted, or his duly authorised effect to in this attorney, such letters may be signed by the Master, and sealed with his seal of office, and shall thereupon be of like force and effect and have as full operation in this Colony with respect to, and the Master shall have the same control over the administration of the entire estate of the deceased here situate, as though the said letters had been letters of administration granted by the Master: Provided however-

But no letters to be so sealed and signed if any letters already granted.

Stamp fees, &c., to be the same as for letters issued by Master.

(1) That the Master shall not sign and seal any such letters so produced, in case any letters of administration. shall have been granted already by him in respect of the estate of any deceased person which shall be situate in this Colony.

(2) That before any such letters are signed and sealed, a certificate of death, and a duly certified copy of the will (if any) of the deceased, and an inventory of all

By Pr. (Adm.) No. 3 of 1902 (Gazette, 8th August, 1902, p. 1247) Natal is now brought within the provisions of sects. 36, 37 and 38 of this Proclamation : By Government Notice 462 of 1902 (Gazette, 19th September, 1902, p. 1361), the Orange River Colony: By Government Notice 480 of 1902 (Gazette, 10th October, p. 1434), the Cape Colony: and by Government Notice 622 of 1902 (Gazette, 21st November, p. 1680), the United Kingdom also. See also Order of His Majesty in Council dated 16th February, 1903, applying the Colonial Probates Act, 1892 (Imperial) to the Transvaal (Royal Proclamations, &c., p. 93.)

property within this Colony known to belong to him,
shall be lodged with the Master, and the same stamp
fees of office duties and security shall be paid and
given which would be required if the said letters had
been letters dative granted by the Master.

(3) That in case the Master shall refuse to sign and seal

Proc. No. 28 of 1902.

Jurisdiction of

case Master refuses

any such letters of administration so produced, it shall Supreme Court in
be lawful for the person thereby authorised and em- to sign.
powered to act, after notice to the Master, to make
application to the Supreme Court for relief, and there-
upon the Supreme Court shall make such order as to
justice shall appertain.

Letters granted by British Consular

37. Letters of administration lawfully granted by any British Consular Court shall be deemed and taken to be granted Courts recognised. in a State to which the provisions of the last preceding Section apply.

38. A copy certified by the Master of the copy of any letters of administration deposited with him under the provisions of the thirty-sixth Section of this Proclamation shall be admitted in evidence in all legal proceedings in this Colony, as though such certified copy were the original letters, and a certificate under the hand of the Master to the effect that he has in accordance with the said provisions signed and sealed any letters of administration authorising and empowering any person to act thereunder, shall be admitted in all legal proceedings in this Colony primâ facie proof of the legal right and title of such person to administer so much of the estate of the deceased person named in such certificate as is situate in this Colony.

39. In the thirty-fifth, thirty-sixth, thirty-seventh and thirty-eighth Sections of this Proclamation, the following terms shall bear the following meanings:

"State" shall include England, Scotland, Ireland and
every British Colony and British Possession.
"Letters of Administration" shall include every document
issued, or a copy of every such document, duly certi-
fied by any lawful and competent judicial or other
public authority in any State, under and by which
document any person or body corporate shall be
authorised and empowered to act as the personal
representative of any deceased person, or as executor
or administrator, either testamentary or dative, either
of the whole estate of any deceased person which shall
be legally situate in such State, or so much of such
estate so situate as consists of immovable, movable,
real or personal property as the case may be.

"British Consular Court" means any British Court having
jurisdiction under an Order in Council, made in pur-
suance of the Foreign Jurisdiction Acts, 1843 to 1878,
or any of them, or any amendment thereof.

Evidence by copy of letters certified by

Master, and provision for Master's certificate of right to ad

minister estates here situate under letters produced.

Definition of terms.


"Letters of administration."

"British Consular Court."

Proc. No. 28 of 1902.

Inventory by executors.


40. Every executor shall, so soon as letters of administration shall have been granted to him in manner aforesaid, forthwith make an inventory showing the value of all property, goods and effects, movable and immovable, of what kind soever, belonging to the estate which he has been appointed to administer, and shall in like manner from time to time thereafter, and so soon as he shall find or know of any other such property, goods or effects belonging to such estate, and not Transmission of in- contained in such first-mentioned inventory, make an additional inventory or inventories showing the value of all such lastmentioned property, goods and effects. And every such executor shall forthwith cause every such inventory, and additional inventory to be transmitted to the Master. And when any such additional inventory shall be so transmitted by any executor, dative, or assumed, he shall find such further security as the Master may require of him.

ventory to Master.

Penalty for false inventory.

Master may ap

value assets.

41. If any person required and directed under and by virtue of the provisions of the fortieth section of this Proclamation to make, or cause to be made an inventory of any estate, goods, or effects shall wilfully make a false inventory thereof, every such offender shall, upon conviction, be liable to punishment by imprisonment with or without hard labour for any period not exceeding five years, or by a fine not exceeding five hundred pounds, or by both such imprisonment and such fine.

42. When any executor shall fail to place any value upon point appraiser to the assets or any portion thereof, or shall place a value upon them which shall not meet with the approval of the Master, it shall be lawful for the Master to cause the value of such assets to be appraised by any impartial person or persons, and the value so ascertained shall be taken to be the true value of such assets for the purposes of this Proclamation.

Liability in certain cases for debts and

43. If previously to letters of administration being granted legacies by persons by the Master to any executor for the administration of any who, previously to estate, any person shall take upon himself to administer, disthe granting of letters of administra- tribute or in anywise dispose of such estate, or any part thereof, tion, have intermed- except in so far as may be authorised by a competent Court, or dled with estates, and by the Master, or may be absolutely necessary for the safe by persons to whom letters have been custody or preservation thereof, or for providing a suitable granted in respect of funeral for the deceased, or for the subsistence of the family or property not con household or live stock left by the deceased; or if any person. tained in inventory. to whom letters of administration have been granted shall administer, distribute, or in any way dispose of any property or effects belonging to the estate of which he is the executor, and which shall not have been contained in the inventory or inventories of such estate lodged with the Master previously to the granting of the said letters of administration, or shall not be contained in any inventory or additional inventory made by him and transmitted by him to the Master in terms of the provisions of the fortieth section of this Proclamation, every such person shall thereupon become personally liable to pay to the

creditors and legatees of the deceased all debts due by the deceased at the time of his death, or which have thereafter become due by his estate, and all legacies left by the deceased in so far as the proceeds and assets of such estate shall be insufficient for the full payment of such debts or legacies: Provided always that when any person who shall be sued for the payment of any debt or legacy which he shall have rendered himself personally liable to pay in manner aforesaid, shall prove to the satisfaction of the Court before which he shall be sued that the true amount and value of the property which has actually been unduly administered, distributed, or disposed of by him did not exceed a certain sum, and that his administration, distribution, or disposal of the same was not fraudulent, then, and in every such case, such person shall only be personally liable for so much of such sum as he shall fail to prove has been distributed or disposed of in such manner and for such purposes as by law the same ought to have been distributed or disposed of and for the amount of the costs by him incurred in and concerning such suit as well as for the amount of the taxed costs incurred in and concerning such suit by the plaintiff therein notwithstanding that by reason of such person's personal liability having been restricted in manner aforesaid such plaintiff shall not have recovered from such person any part of the debt or legacy sued for.

44. Every person not being the executor of the estate of a deceased person duly appointed in this Colony who shall at the promulgation of this Proclamation or thereafter have or come into possession or custody of any property or asset belonging to such estate, shall forthwith either deliver such property or asset to the duly appointed executor (if any) then being in the Colony, or report the particulars thereof to the Master; and if such first mentioned person shall fail to do so or shall part with any such property or asset to any person not authorised by the Master by letters of administration or other direction to receive the same he shall apart from any other liability he may incur thereby be liable for all dues payable to the Government in respect of such property or asset.

Proc. No. 28 of 1902.

Duty of person in

possession of assets of person.

estate of deceased

Public notice by executors to creditors

and others to lodge

45. Every executor shall so soon as he shall have entered on the administration of the estate forthwith cause a notice to be published in the Gazette and in some newspaper published or their claims. circulating in the district in which the deceased ordinarily resided, calling upon all persons having claims due or not yet. due as creditors against the deceased or his estate, to lodge the same with such executor within such period from the date of the publication thereof as shall be therein specified, not being less (save and except as in the sixty-ninth Section of this Proclamation provided) than thirty days or more than three calendar months as in the particular circumstance of each case shall by the executor be deemed proper; and all claims which would be capable of proof in case of the insolvency of the estate shall be deemed to be claims of creditors for the purposes of this Proclamation.

Proc. No. 28 of 1902. Suspension of execution of judgments expiration of period

against deceased until

of notice.

Order of Court or

of a Judge for exe

cution within six

months after date of letters of administration.

Duties of executors

after expiration of period for lodging


Liability of executors in regard to pre

ferent debts.

46. It shall not be lawful for any person who shall have obtained the judgment of any Court against any deceased person in his lifetime, or against his executor, in any suit or action commenced against such executor, or which having been pending against the deceased at the time of his death, shall thereafter have been continued against the executor of such person, to sue out or obtain any process in execution of any such judgment before he expiration of the period notified in the Gazette in manner herein before provided; and it shall not be lawful for any such person as aforesaid to sue out or obtain any process in execution of any such judgment as aforesaid within six months from the time when letters of administration shall have been granted to the executor against whom execution of such judgment is sought, without first obtaining an order from the Supreme Court, or some judge thereof, for the issue of such process.

47. On the expiration of the period notified in the Gazette in manner herein before provided, every such executor as aforesaid shall forthwith proceed to rank according to their legal order of preference, all such claims of creditors against the deceased or his estate as have been lodged with him, or of the Payment of debts. existence of which he shall have knowledge, and shall pay off and discharge the same so soon as the funds necessary for that purpose shall have been realised out of the estate. And if the proceeds of such estate shall be found to be insufficient for the payment of all the just and valid claims of creditors to which it is liable, the executor thereof shall be liable to pay to any person having any such just and valid claim, the amount which such person would have been entitled to receive in respect of such claim, if ranked according to the legal order of preference, in so far as such executor shall have within the said period last mentioned, or afterwards at any time when he knew of the existence of such claim, paid such amount to any person the payment of whose claim against the deceased or his estate, according to the legal order of preference, ought to have been postponed until such just and valid claim as aforesaid had been satisfied; reserving always to such executor recourse against the person to whom payment of his claim may have been improperly made: Provided always that when such notice to creditors as aforesaid shall have been duly published as aforesaid, no creditor, claiming on the estate of any deceased person, who shall not have lodged his claim with the executor within such period as aforesaid, or thereafter before the distribution of the funds of the estate, shall in respect thereof be entitled to recover from any person having a just and valid claim as a creditor against such estate, restitution of any part of such funds which may have been paid to such person in satisfaction thereof, after the expiry of such period, and before the claim of the person seeking such restitution was lodged with the executor, although if lodged in due time, such last mentioned claim would, according to the legal order of preference, have been preferent to that of the person to whom such payment had previously been

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