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[Ord, 8 anno 1865.J

If Will discovered the

same be forwarded.

If Estate In

solvent prohi

bitory clauses

in Will to be null.

be removed to

a safe place of deposit.

No. V.

inventory with an account of the death and a statement of the measures taken by him to the Administrator-General, who shall pay to such Justice on account of the estate all expenses by him incurred.

50. Upon the existence of any last Will and Testament, or other Testamentary Disposition of any deceased person who shall be considered to have died intestate coming to the knowledge of any such Justice of the Peace, and if there shall not be present any executor to said last Will and Testament, or other Testamentary Disposition, who shall be entitled to possession of the same, such Justice of the Peace shall endeavour to obtain possession of the same, and forthwith transmit the same to the AdministratorGeneral.

51. So soon as it shall be made apparent to the Court that an Estate is Insolvent, all and every provision in any last Will and Testament, Codicil, or Testamentary Disposition, or otherwise, excluding the authority and interference of the AdministratorGeneral, or prohibiting or impeding the sale of any property, moveable or immoveable, shall be null and void, and cease to have any force or effect, and such property, moveable and immoveable, shall be dealt with as if no such exclusion, prohibition, or impediment had ever existed or been declared, and as all other property of or belonging to an Insolvent Estate.

52. Upon the Administrator-General receiving any information Moveables to of the nature or kind herein before mentioned, he shall forthwith ascertain whether he is entitled to the administration of any such Estate, and upon his being entitled thereto, he shall cause to be removed to his office, or other safe place of deposit, if he shall so think fit, the whole of the moveable property of which the deceased shall die possessed.

ADMINISTRATOR GENERAL'S SALES.

53. From and after the taking effect of this Ordinance, all Sales Administrator of Property of whatever description, moveable and immoveable, devolving to the administration of the Administrator-General, shall

General to

conduct his own Sales.

be

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be held and conducted by the Administrator-General in person, or by one of his clerks, or by some person authorised by him in writ. ing, without the intervention, assistance, or presence of the Provost Marshal, or his deputy, and without the Provost Marshal being entitled to charge any Fee or commission in respect of any such sale; and every such sale shall be held and conducted in the presence of a Sworn Clerk and fees charged in respect thereof by him in the same manner as heretofore; and none of the provisions of any Ordinance relating to Licensed Auctioneers shall apply to sales. by the Administrator-General; except that the customary Church and Poor Money shall continue to be paid in the same manner as heretofore.

[Sec. 54 lapsed on the death of Sir William Henry Holmes, Knight.]

55. The Administrator-General shall be entitled to charge a Per Per Centage Centage Fee upon all sales of property exceeding One Hundred and on Sales. Fifty Dollars, held by him or by his authority at public auction, as follows; that is to say,—

Upon the sale of property, moveable and immoveable, exceeding $150 and under $3,000, two per centum; $3,000 and under $10,000. one per centum :

$10,000 and upwards, one-half per centum.

ables.

56. The Administrator-General, within three months after the Sales of moveestate of a deceased or insolvent person shall be taken possession of by him, or as soon thereafter as practicable, and after advertisement for three successive Saturdays in the Official Gazette, shall sell publicly by the knock of the hammer to the highest bidder, at such place and at such credit and upon such terms and conditions as such Administrator-General may appoint, all the moveable property of or belonging to such estate: Provided nevertheless, that should any part of such moveable property be of a perishable nature, or shall consist of any cattle or other live stock, entailing expenses on the estate, the same shall be sold at any earlier time that such Administrator-General may think proper.

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case of Perish

57. In the case of moveable property of a perishable descripProvision in tion, or of the stock in trade of any retail shop, the Adminisable Articles trator-General may cause such moveable property or stock in trade or Shop Goods. to be appraised by two competent appraisers, and may thereafter sell the same in a summary way at private sale if he shall consider it for the benefit of the estate so to do.

Sales of Im. moveable Property ex. cept Planta. tions.

of a Mort.

58. Within three months after the Estate of any insolvent person or of any deceased person whose Estate shall be insolvent, shall devolve to the administration of the Administrator-General, or as soon thereafter as practicable, and after advertisements as aforesaid, the Administrator-General shall sell publicly by the knock of the hammer to the highest bidder, at such place and upon such terms and conditions as he may appoint, all immoveable property (plantations in cultivation excepted) belonging to any such Estate: Provided that all Sales of any such immoveable property not exeeeding One Hundred Dollars shall be for cash, and exceeding that amount shall be at a credit of at least three, and not more than twelve months, each instalment when the purchasemoney is payable by instalments to bear interest at the rate of Six per Centum from the day of sale.

59. All cattle, implements of husbandry, utensils, and instruAppurtenances ments mortgaged with a plantation or other immoveable property, shall be sold by the Administrator-General together and jointly with the plantation or other property with which as appurtenant and appendant they shall be under mortgage.

gaged Property.

Mode of hav. ing an Estate declared In. solvent.

60. It shall be competent to the Administrator-General in all cases where he shall consider it proper so to do, to apply by petition to the Court, laying over such evidence as is within his power, showing the Insolvency of an Estate which has devolved to his administration, and the Court, if such Insolvency appear, shall declare the Estate to be Insolvent, in which case the Estate shall be dealt with by such Administrator-General as an Insolvent Estate; and such Administrator-General shall not be bound, in any case where he may have doubts as to the Insolvency, to sell the immoveable property of an Estate, or any moveable property which

may

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may have been specially bequeathed, but he may make such sale when the Insolvency shall be known or shall have been declared as aforesaid.

Plantations to

tration.

6. With respect to plantations in cultivation forming part of an Insolvent estate which shall devolve to the administration of the Administra- be placed tor-General, if it shall be ascertained, or shall be known or appear under Bequesto such Administrator-General that the estate of which such plantation forms a part is insolvent, the Court, upon petition of such Administrator-General, shall order the said plantation to be placed under sequestration, and shall appoint the Administrator-General to be official Sequestrator; and if the plantation be under mortgage, the first mortgagee, or his agent, or in the event of there being no mortgage on said plantation, then a neighbouring eligible planter, or one of the principal creditors, to be co-sequestrator to administer the same and receive the produce or other revenue thereof, ad opus jus habentium, until the day of sale, unless the produce of the said plantation shall be bound in consignment, in which case the produce during the sequestration shall be consigned or go to the person who, previously to the sequestration, shall have been entitled to receive the same.

in Six Months.

62. Every such plantation under sequestration as aforesaid, And to be Sold shall be sold at the expiration of Six Months from the appointment of sequestrators as aforesaid: Provided that on the petition of the Administrator-General, with the consent of the mortgagee, and if no mortgagee, of two or more of the principal creditors, such sequestration may be extended by the Court from time to time as may be prayed for.

Creditors Sale

may be anti

63. Upon the application of the Administrator-General, with the By consent of consent of the mortgagee, if there be a mortgagee, or if not of two or more of the principal creditors of any such plantation under cipated. sequestration, the Court may order the Sale of any such plantation, at any time agreed upon by such Administrator-General and mortgagee or principal creditors, before the expiration of the term of sequestration.

64. Before

[Ord. 8 anno 1865.]

Sale of
Plantations.

No. V.

64. Before the expiration of the said period of sequestration, and on the application of the Administrator-General, the Court shall fix a precise day of sale of such plantation, cum annexis, and such day of sale shall be advertised by him for three successive Saturdays in the Official Gazette; and on the day appointed, the Administrator-General shall sell the same publicly, by the knock of the hammer to the highest bidder, at his Sale-Room in Georgetown, or at such other place as he may appoint; and every such plantation shall be sold at a credit of three, six, nine, and twelve months from the day of sale, with interest at the rate of Six per Centum per annum on each instalment from the day of sale: Provided that in case the plantation to be sold shall consist of several lots of land with or without buildings, and upon which lots respectively there shall be separate and distinct mortgages, liens, or claims, the holders of such distinct mortgages, liens, or claims, may at any time before the Sale, petition the Court for an order to sell such plantation, in such manner as may seem most advantageous for all parties under the circumstances of each particular case, and in every such case it shall be lawful for the Court to make such order in the premises as to them shall seem right.

65. The purchaser of a plantation in cultivation or of any other Purchaser to immoveable property sold by the Administrator-General, unless he find Securities. shall pay in cash on the knock of the hammer, shall provide himself with two sufficient sureties to the satisfaction of the Administrator-General, who under renunciation of the benefits and exceptions ordinis seu excussionis et divisionis, shall bind themselves as principal debtors along with and for and on behalf of the purchaser, to and in favour of the Administrator-General as representing the estate to which the property sold shall belong, for the payment of each of the instalments of the purchase money, with interest, as the same shall become due; and the purchaser and his sureties by signing the conditions of sale shall be deemed duly bound for all the purposes of this section; but the purchaser may pay down and the Administrator-General may receive in cash on the knock of the hammer, the amount of any such purchase money, or the purchaser may anticipate the payment of any of the instalments of such purchase money; in the first of which cases no interest shall be charged, and in the second, interest shall be payable only to the time of such anticipated payment.

66. Immoveable

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