Page images
PDF
EPUB

[Ord. 8 anno 1865.]

To give
Security.

trator and Chief Clerk

No. V.

Demerary and Essequebo, or of Berbice, and all moneys, rights, things, and claims in possession or in action to which either Administrator-General shall be entitled, and all Records, Maps, Books, Papers, Documents, and Vouchers in the possession or under the power or control of either of them, or formerly belonging to the late Boards of Orphans and unrepresented Estates, or either of them, and all actions, suits, and proceedings depending in any Court to which either of the said Administrators-General shall be a party as Plaintiff or Defendant, or in which he shall be in any way concerned, with all the proceedings thereon had, and all sentences, decrees, and orders theretofore made in every such action, suit or other proceed ing, shall, by force and virtue of this Ordinance, be transferred to and delivered into the possession of and be vested in the Administrator-General of British Guiana; and all the functions hitherto exercised by the said Administrators-General of Demerary and Essequebo, and of Berbice, shall in the manner hereinafter specified, be exercised by the Administrator-General of British Guiana.

7. The Administrator-General of British Guiana shall give security to Her Majesty, her Heirs and Successors, for the due execution of his office, by Bond binding his person and property in the sum of Thirty Thousand Dollars, and binding the properties of three approved Sureties, each in the sum of Ten Thousand Dollars: Provided that such Administrator-General may, with the consent of the Governor and Court of Policy, and shall from time to time when required by the Governor and Court of Policy so to do, cause fresh Securities to be substituted for any of those previously bound, so far as the Security shall relate to the due execution of his office for the time then to come, and also that such Administrator-General may, with the consent of the Governor and Court of Policy, substitute some other kind of Security to their satisfaction other than the Bond herein before mentioned.

8. The Sub-Administrator for Berbice, and the Chief Clerk, Sub-Adminis shall also each give Security to Her Majesty, her Heirs and Successors, for the due execution of their respective offices in such manner and to such amount as the Governor and Court of Policy shall from time to time require.

also to give Security.

[blocks in formation]

General to take oath of

9. The Administrator-General shall, on his appointment, take Administrator and subscribe before the Governor an oath that he will, to the best of his ability, faithfully, honestly, and diligently execute the duties Office. of his office without fear, favour or partiality.

Public Office

10. The Administrator-General shall not hold any other Public Not to hold Office, nor any office or place of profit in any Corporation or Joint any other Stock Company, nor shall he hold as Attorney or Agent of any or any Attorneyship. individual or body corporate the administration of any Plantation, nor shall he act as the Attorney or Agent of any person, except for the purpose of enabling him to wind up and settle any Estate, which he in his capacity of Administrator-General may represent in whole or in part.

Public Build.

II. The Administrator-General shall keep his principal Office in To keep his the Public Buildings in Georgetown, and a Branch Office in the Office in the Public Buildings in New Amsterdam, and he shall have the control ings, and to be of the Sub-Administrator and of the several Clerks and persons the due perresponsible for employed under him, shall assign to each his duties subject to the formance of provisions of this Ordinance, and shall be responsible for the due and faithful performance of such duties.

the duties.

tain Books.

12. The Administrator-General shall keep a general Register of To keep cer all Estates devolving to his administration, a Cash Book, a Journal and Ledger or Account Current Book, and such other subsidiary Books as he may deem necessary; and he shall enter into Books to be kept by him for that purpose, separate and distinct accounts of each Estate, and of all Property of every description which shall come to his hands under this Ordinance, and likewise of all payments made by him on account of each Estate, specifying the dates of such receipts and payments respectively; which said Books shall be kept in the Administrator-General's Office, and shall be open for the inspection of all persons who may have occasion to inspect the same, at office hours, paying only such Fee as is prescribed in that behalf in the Schedule A hereto annexed.

of Documents

13. The Administrator-General shall give off to any party apply. To give copies ing for the same, copies of all Documents and Accounts relating whenever to any estate under his administration, upon payment of the Fees required. prescribed in the Schedule A hereto annexed, and if any such copy

[blocks in formation]
[blocks in formation]

shall be refused, the applicant may Petition the Court for a summary order upon the Administrator-General to give off such copy; and the costs of every such Petition and order shall be paid by the Administrator-General, personally, if the Court shall so direct.

14. From and out of all monies realised and received by the What commis- Administrator-General for or on account of any estate or trust, sions allowed. whereof the gross assets shall not exceed Twenty Thousand Dollars, and any Plantation under sequestration, he shall be and is hereby authorised to deduct a commission at the rate of Four Dollars for every Hundred Dollars received or realised, and to charge a commission at the rate of Three Dollars upon every Hundred Dollars disbursed or paid out of the monies of every such estate or trust, or sequestration; and where the gross assets of any estate or trust shall exceed Twenty Thousand Dollars, his commissions shall be at the rate of three per centum on moneys received, and two per centum on moneys paid as aforesaid; and the Administrator-General shall be further authorised to charge the Fees specified in the Schedule A, hereto annexed for and in respect of the several matters therein specified.

Fees.

15. For the purpose of providing a Fund for the objects of this One per Cent. Ordinance, the Administrator-General shall be and is hereby autho Fund. rised to deduct and retain a further commission at the rate of One per Centum upon all monies received, and upon all realised assets of each estate and trust which shall devolve to his administration, except Plantations in cultivation.

Fee Fund established and Salaries to be paid thereout.

16. The Fees, Commissions, and emoluments due and payable to the Office as hereinbefore mentioned (other than the aforesaid One per Cent fund) shall be regularly paid in by the AdministratorGeneral to the Colonial Receiver-General to the credit of a Fee Fund, and from and out of such Fund there shall be paid to the Administrator-General and to his Clerks the salaries specified in the Schedule B hereto annexed, or such other salaries as shall from time to time be assigned to them by the Governor and Court of Policy Provided that the Administrator-General may, with the sanction of the Governor, engage extra Clerks temporarily whenever the business in his Office shall require such additional assistance, and such extra Clerks shall be entitled during the time they

may

[blocks in formation]

may continue to be so employed to such remuneration from and out of the aforesaid Fee Fund as the Governor shall warrant and direct.

sued.

17 The Administrators General, by his Official style and title, and Administrator General may without setting forth his name, may enter into all contracts, sue and be agreements, and engagements, and may sue and be sued, implead and be impleaded in all Courts, and service of process at the office of the Administrator-General in all matters in which he shall be concerned, shall be deemed and adjudged to be good and sufficient service: And in every case in which the Administrator General shall be plaintiff or defendant, and shall not have any funds of the person or estate on account of whom or for which he shall be acting, sufficient for the payment of costs, upon making affidavit that there are not funds in his possession of or belonging to such person or estate sufficient as aforesaid, nor in the One per cent fund established by this Ordinance after providing for all other claims against it, sufficient to pay costs, he shall be entitled to an order Pro Deo.

a sufficient

18. In every action, suit, or cause, brought or instituted by or What shall be against the Administrator-General, and in every petition, report, description of memorial, or other legal proceeding presented to or brought before him. any Court or Judge by or against the Administrator-General, it shall be sufficient to describe him as the "Administrator-General of British Guiana," representing any particular person or estate.

the

any

19. In the event of its becoming necessary to institute or defend any action or legal process, for or on the behalf of any estate assets of which shall be insufficient to defray the expenses of such action or defence, the Administrator-General shall be authorised to defray the expenses of such action or defence out of the One per Cent. Fund.

Costs of dertain Suits may be paid out of Cont. Fund.

the One per

Estates to be

20. No Suit or Action for or in respect of any claim upon or Claims against" against any estate of a deceased or insolvent party under the adminis- filed instead tration of the Administrator-General shall be entered, instituted, the same. of suing for prosecuted, or continued from and after the time of such estate coming into such Administrator-General's possession; but every claimant may file his claim upon or against such estate according

to

[blocks in formation]

Power to act

in his official capacity as Executor or Guardian

a

to Law; provided that if it shall be necessary to try a question of Law, or of fact, which cannot be otherwise determined, in that case any action or suit may be entered, instituted, prosecuted, or continued, or a question of Law may be stated for trial and be tried.

[Secs. 21 to 24, inclusive, repealed by Ord. 10, anno 1866.]

25. Any person may appoint the Administrator-General, in his official capacity, to be his testamentary executor, or the testamentary guardian or co guardian of any minor over whose person or andera Will, property he shall by law be entitled to appoint a testamentary guardian, and in every such case the Administrator-General shall be bound to administer the estate of the deceased or the property of the minor, subject to the provisions of the Will and in accordance with the wishes of the Testator, and in all other respects according to the regulations prescribed by this Ordinance; and in respect of every such administration he shall be entitled to the Fees and Commissions allowed by this Ordinance and to no other: Any Testamentary Executor or Guardian possessing, by Law, the power to substitute or surrogate may in like manner substitute or surrogate the Administrator-General in his place and stead, and thereupon the Administrator-General shall be entitled to act.

To administer

26. All enclosed estates, whether the same shall have been or unclosed Es shall be taken over by the Administrator-General from the Supreme tatataken over Court of Civil Justice or from any accounting party thereto, or from by him under this Ordinance. the Administrator-General of Demerary and Essequebo, or Berbice,

To be Official
Assignee and
Sequestrator.

Curatorships

as the case may be, shall be administered in the same manner, and shall be held to have been and to be subject in all respects to the same rules and regulations as estates originally devolving to the administration of the Administrator-General.

27. The Administrator-General shall be official assignee of Insolvent estates within the colony, and shall also be official sequestrator of plantations under sequestration.

28. Whenever it shall become necessary for the Court to apand Guardian point any Administrator, Curator, or Guardian, the Court shall, notwithstanding the exclusion of the Board of Orphans or Adminis

ships under

the Court.

trator

« PreviousContinue »