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trator-General by any Will or otherwise, appoint the Administrator-General to be such Administrator, Curator, or Guardian, either alone or jointly with some other person or persons as to the Court shall seem fit: Provided that in any case in which it shall appear to the Court to the interest of the Estate or Ward that some person other than the Administrator-General should be appointed such Administrator, Curator, or Guardian, the Court may make such appointment.

29. Whenever the Administrator-General shall be appointed by Registrar to the Court to be Administrator, Curator, or Guardian as aforesaid, the notify such appointments. Registrar of the said Court shall enter in a Book to be kept for that purpose the date of such appointment, and the name of the person or property over whom or which the Administrator-General shall be appointed, and shall forthwith give to him due notice of such appointment.

GENERAL DUTIES OF ADMINISTRATOR-GENERAL.

General to

30. Within forty-eight hours after notice of any such appoint- Administrator ment by the Court shall be received by the Administrator-General, take immedi it shall be his duty to demand possession of the person or estate so ate possession. committed to his charge, and thereafter to use due diligence to obtain such possession.

ships and

31. In administering to the estates of persons by whom he shall In Executor. be appointed Testamentary Executor and to the estates of Minors, Trusts to be Prodigals, Idiots, Lauatics, and persons non compotes mentis, and to an accounting plantations over which he shall be administrator or co-administrator, Court. the Administrator General shall be considered an accounting party to the Supreme Court of Civil Justice.

[Secs. 32 and 33 repealed by Ord. 10 anno 1866.]

party to the

34. Whenever the right to the Administration of any of the Where property withheld estates in this Ordinance mentioned, or to any property whatsoever, may apply for shall devolve to and become vested in the Administrator-General, an authorisa tion de facto. and possession of the same shall be refused or withheld, he shall be at liberty to present to the Court a petition for an authorisation de

facto

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Provision in case of conflict

facto to be placed forthwith in the possession of such estate, or property, and upon it being made to appear to the Court by affidavit or other evidence, that he is entitled to such possession, and that such possession has been demanded and refused or withheld, the Court shall order the Administrator-General to be placed de facto in possession of such estate or property: Provided always, that if it shall not appear to the satisfaction of the Court, upon such affidavit or other evidence, that he is clearly entitled to the possession of such estate, or property, the Court may refer the AdministratorGeneral to his ordinary remedy, or grant such other order as to the Court shall seem proper.

35. Whenever it shall appear to the Administrator-General or to any party interested that the interests of any two estates or trusts, ing Interests. for which the Administrator-General is acting, so clash as to require some other person to act for one of them, the Administrator-General, or party interested, shall apply to the Court to appoint some other fit and proper person to act as required.

36. The Administrator-General shall manage the whole ProTo manage as perty of every Estate under his administration, as a prudent father of a family would do.

a prudent. father of a family.

Estate not to be taken to pay debts of another.

37. The Administrator-General shall not under any pretence Funds of one whatsoever take the funds of any one estate under his administration to pay off the debts, or any portion of the debts, or any charges or expenses of any kind of any other estate; but it shall, nevertheless, be permitted to the Administrator-General to pay out of the One per Cent. Fund all necessary charges and expenses incurred in the winding up and closing of any estate, the assets of which shall not be sufficient to pay its own charges and expenses.

Power to

compound and
to sell out.
standing
claims.

38. It shall be the duty of the Administrator-General to collect all outstanding debts, and to reduce into his possession all claims due and owing to each estate under his administration, in so far as the same may be deemed recoverable by him, and to institute, in cases where he may consider it expedient so to do, all legal process requisite for such purpose; and the Administrator-General in every case in which he shall see fit, shall have full power and authority to compound, compromise, and release all and every claim and claims,

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claims, and in cases of disputed claims to submit the same to arbitration, and where it shall appear to an Administrator General expedient to sell any of the outstanding debts and claims belonging to any estate, he shall be at liberty to sell the same in manner as is hereinafter provided in regard to sales of moveable property, and the Purchaser of every such debt or claim shall, by virtue of such Sale, have power in his own name to sue for and recover the same, as effectually as if the said debt or claim had been assigned to him for full consideration by Transfer and Cession of Action.

Preferent claims to be

39. The Administrator-General shall be bound, out of the first available Funds of any estate under his administration, to pay paid at once. according to their order of Preference, all the preferent claims due by such estate with respect to the validity of which he shall entertain no doubt.

for Title.

40. Whenever any person whose estate shall be represented by Power to sue the Administrator. General shall have had a right to a transport or title from any other person of or to any immoveable property, it shall be incumbent on such Administrator-General, should he deem it advisable, to obiain, by a suit or action at law, if necessary, a transport of or title to such immoveable property in and to himself, as representing the estate of such person having had a right thereto.

41. In all cases where either Administrator-General of Demerara Title to Proand Essequebo, or of Berbice, shall have taken possession of and prior to this perty sold sold any property prior to the taking effect of this Ordinance, the Ordinance. rules and regulations contained in this Ordinance with respect to the right, power, and authority of the Administrator-General of British Guiana, to grant a title to property by him sold, shall have full force and effect in respect to his granting a title to any property sold by either of said Administrators-General prior to the taking effect of this Ordinance.

INVENTORISING PROPERTY AND REPORTING DEATHS.

42. The Administrator-General by himself or by any person Administrator authorised by him in writing in the presence of two witnesses, and General to without the assistance and presence of a Sworn Clerk, shall make in Estates.

duplicate

inventorise

[Ord. 8 anno 1865.]

trar in respect

No. V.

duplicate a full and articulate Inventory of every Estate which shall come into his possession in any manner whatsoever, and every such Inventory shall be signed in duplicate by the AdministratorGeneral or the party authorised by him as aforesaid, and by the witnesses aforesaid, and also by the party delivering up the Estate, in case the Estate is delivered up by any party, and one of such duplicates shall be deposited as of record in the Registrar's Office to which it shall belong, and the other duplicate shall be kept by the Administrator-General in his office; and no affidavit of execution shall be required with respect to such deposit and Inventory.

43. The Registrar shall be allowed to charge for the record of Fees to Regis the deposit of every such Inventory a Fee of One Dollar, and no of inventories. more, and such record shall be the entry in a Book to be kept by him for that purpose of the name of the Estate, the date of the Inventory, and the date of deposit; and the Registrar shall be bound without further fee or reward to endorse on the duplicate Inventory kept by the Administrator-General a certificate that the said Inventory has been duly deposited in his office, and such certificate shall be free of Stamp Duty.

exhibited to

General.

44. Upon the death of any person who shall leave a last Will Wills to be and Testament, Codicil, or other Testamentary Disposition, the Administrator executor to the same, or the person in whose possession the same shall be, shall be bound, within fourteen days after such death, to exhibit such last Will and Testament, Codicil, or other Testamentary Disposition, to the Administrator-General, and within fourteen days as aforesaid, to deposit the same in the Registrar's office of the counties of Demerara and Essequebo, or of Berbice, as the case may require, on pain in default of both or either of said acts, within the time aforesaid, of being subject to, and paying a fine of not less than Five Dollars, and not exceeding Twenty Dollars for each of such defaults; and in the event of the party continuing in default after being fined under this section, he shall be subject to a further fine of Two Dollars for each and every day that he shall be in such default.

45. In the event of any death occurring in the City of GeorgeDeaths to be town, or in the Town of New-Amsterdam, the proprietor, tenant, reported. or occupier of the house in which, or of the premises on which such death

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death shall occur, shall be bound, within twenty-four hours after any such death shall come to his knowledge, to report the same at the office of the Administrator General in Georgetown or NewAmsterdam, as the case may be, on pain, in default thereof, of being subject to and paying a fine of not less than Five Dollars, and not exceeding Twenty Dollars.

sion of Intes.

46. On the death of any person supposed to have died intestate, To take posses. or on receiving information of any estate being unrepresented, the tate Estates. Administrator-General shall forthwith, by himself or some person authorised by him in writing, take possession of the estate of the deceased, or the estate so unrepresented.

interference

47. If in the act of taking possession of any estate alleged to To desist from be unrepresented, or at any time after taking such possession, it if Estate shall appear to the Administrator-General that he has been misin- represented. formed, and that such estate is represented, he shall forthwith desist from interfering with such estate.

testacy in

48. In any part of the Colony other than Georgetown or New. Notice of InAmsterdam, the proprietor, tenant or occupier of the house in which, Rural Districts or of the premises on which the death of any person dying intes- the nearest to be given to tate shall occur, shall immediately, and in the presence of two of Justice. the nearest relatives or neighbours of the deceased, if there be any such, and if there be not any such, then alone, seal up the property and effects of the deceased, and forthwith give notice thereof to the nearest Justice of the Peace, on pain, in default thereof, on being subject to and paying a fine of not less than Five Dollars, and not exceeding Twenty Dollars.

make and

ventory.

49. Every Justice of the Peace receiving information of the Justice to death of any person dying intestate in the country within five miles transmit inof his residence, shall immediately repair to the house in which, or to the premises on which the deceased shall have died, and ascertain whether or not the estate of the deceased falls under any of the definitions of an unrepresented estate; and in the event of the estate of the deceased being unrepresented, he shall cause an inventory of the moveable property left by the deceased to be made, or such property to be sealed up as far as practicable, shall place a person in charge of such estate, and shall forthwith transmit such

inventory

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