Page images
PDF
EPUB
[blocks in formation]

66. Immoveable property devolving to the administration of the Where Estates Administrator-General, and not belongiog to an insolvent estate, moveable pro. shall be sold by him in the following cases only,

perty only to be sold in cor.

tain cases.

1. When the yearly revenue thereof is insufficient to pay the

interest upon any debt that may remain after the price of
the whole moveable property has been applied in extinction
of debt:

2. When the said yearly revenue is insufficient to meet the

charges upon the immoveable property :

3. When it shall be necessary to repair or reconstruct buildings,

at an expense exceeding one year's revenue of the immove-
able property :

4. When the value of the whole immoveable property does not

exceed One Thousand Doilars, according to an appraisement
made by two Sworn Valuators, or as appraised for Town
or Village Tases :

5. Where the Estate has been under the administration of the

Administrator-General for more than three years, without
any person baving a legal right thereto claiming the same :

6. Where a Sale of the Property is necessary in order to proceed

to a division among heirs, in which case, however, the
sanction of the Court must be first obtained :

Provided, that all immoveable property sold under the provisions of this section, shall be sold subject to the same rules as are herein. before contained, with respect to sales of immoveable property by the Administrator-General.

drawn.

67. At all Sales of Property by the Administrator-General of Upset price every description, moveable and immoveable, he may in bis discre- or sale with: tion fix an upset or reserve price, and he may also withdraw the sale of any such properly at any time before the same shall be finally knocked down. VOL. IV.

D

68. If

[blocks in formation]

may be de.

68. If the purchaser of a plantation in cultivation, or of any Mortgage other immoveable property sold by the Administrator-General, shall posited in lieu be the holder of a first, second, or subsequent mortgage thereor, of Purchase

he may deposit with the Administrator General such mortgage in money.

lieu of so much of the purchase money as may be due on such mortgage : Provided that he pays in cash an amount sufficient to cover all claims preferent to his mortgage, and all legal charges and expenses, and that he deposits with the Administrator-General the grosse of such mortgage ; but it shall be lawful for the Court, at any time, on the application of the Administrator-General, and notwithstanding such deposit to order the purchaser and his sureties to pay in cash to the Administrator-General such further sum as the Court may direct, and the purchaser and his sureties shall be bound and liable accordingly.

69. The right of property in and to a plantation in cultivation Power to en: or other immoveable property sold by the Administrator.General, of Parchase- shall not devolve to the purchaser until the purchase.money is fully money.

paid ; in default of payment of any instalment when due, the Administrator General shall either proceed forth with by summary execution against the purchaser and his sareties, jointly and severally, for the amount of such instalment, or he shall apply by petitico to the Court for leave to retake possession of such plantation or other immoveable property, which petition being granted, he shall retake the same, and shall, after three successive Saturdays' notice in the Official Gazette, and urder observance of the formalities aforesaid, re-sell the same to the highest bidder, according to such mode of payment and at such credit as will meet the instalments of the first sale then due and which shall thereafter become due ; and in the event of the plantation or other immoveable property being sold for less at the second than at the first sale, the purchaser at the first sale and his sureties shall, each in solidum, be liable for all and every deficiency, as well as for all costs, charges and expenses, attending the second sale ; aud for such deficiency, costs, charges, and expenses, on the same being approved by the Court, the Administrator-General shall proceed by summary execution against the Purchaser and his Sureties, jointly and severally : Provided that in the event of the purchase-money at the re-sale, together with any instalments which shall have been paid, being of greater amount than the sum bid for the property at the first sale, the

[blocks in formation]

excess or difference shall accrue to the benefit of the creditors of the Estate to which the property sold shall belong in satisfaction of their claims, on the payment of all which in full and not before, the surplus, if any, shall belong and be paid to the purchaser at the first sale.

1

70. The sale of a plantation in cultivation or other immoveable On payment property by the Administrator-General, shall on the payment of the Transport to purchase-money thereof, vest the right, title, and interest in and to be passed. such plantation or other immoveable property in the purchaser thereof, free of all mortgages, liens, charges, and incumbrances, prior to the day of such sale; and such Administrator-General shall be authorised and empowered, as he is hereby authorised and em. powered, on receiving payment of the purchase-money, to pass and execute to and in favour of the purchaser thereof, or his legal representatives, a free and unincumbered transport of such plantation or other immoveable property, and no opposition shall be allowed to be entered to the passing of any such transport. 71. In all cases in which the Administrator-General shall sell Administra

tor-General any plantation in cultivation or other immoveable property, he shall to complete

Sale and grant have full power and authority to complete the sale, to receive the title in all several instalments of the purchase-money, and to grant title to the cases. purchaser, according to the provisions of this Ordinance, notwithstanding that the Estate to which the said plantation or property belonged may in the meantime be adiated or taken over by the heir or other person entitled to possession of such Estate, or the insol. vency be superseded or discharged; but in such case he shall be accountable for the moneys received by him on account of such sale to the heir or other person entitled,

72. Whenever any person shall lay claim to any moveable or Oppositions to immoveable property which shall be under the administration of the Administrator-General, unless such Administrator-General shall think proper to stay the sale of such property, the same may, nevertheless, be advertised for sale, the claimant being at liberty to enter to such sale an opposition in manner and form prescribed for oppositions to sales at Execution, and the merits of such opposition shall be brought before the Court and shall be heard, tried, and determined as in an ordinary opposition suit : Provided that in any ease of opposition to the sale of goods, wares, and merchandise, or

of

Sales.

[blocks in formation]

of any moveable property of a perishable description, or of any animal, the Administrator-General may proceed to sell the same notwithstanding such opposition, and in that case the nett proceeds of the sale shall represent the subject matter of the opposition to all intents and purposes.

73. It shall not be lawful for the Administrator-General, nor No person em. for any of his Clerks, nor for any person employed in any way ployed in Ad. whatsoever in his Office, to purchase directly or indirectly, or by ministrator Goneral's

the intervention of a trustee or otherwise, any property sold at an Office to bay at his Sales. Administrator General's Sale; and in the event of any such officer

or person purchasing or being interested in the purchase of any property at any such sale, the officer or person so offending shall, upon application and proof to the Governor of any such illegal purchase, he dismissed from office; but nothing herein contained shall prevent any such officer or person from purchasing at any such sale any property which it may be necessary for him to purchase, in order to protect the interest of himself, wife or child.

RULES AS TO SEQUESTRATIONS.

with leave of

money for

ferent,

74. The sequestrators of a plantation may, with leave of the Sequestrators, Court, advance or procure, for and on behalf thereof, all such sum the Court, and sums of money as may

be necessary to maintain the cultivation may advance

of such plantation, as well as to keep in repair and in working order, necessaries and the machinery and buildings of the same, and for all such sum and

suis so advanced or procured by the sequestrators for any of such purposes, as well as for all necessary supplies furnished, and necessary expenses incurred, by the sequestrators during the period of sequestration, the proceeds of said plantation, cum annexis, when sold, shall be liable, and the sequestrators shall, upon said proceeds, have and hold a preferent right and claim for capital and interest until paid, subject however to all preferent claims due to the Crown or the Colony.

[Sec. 75 repealed by Ord. 10, anno 1866.]

Preferent claims to be paid out of first available Fande.

76. The sequestrators of a plantation shall be bound to dis. charge from the first available funds of the sequestration all unpaid salaries due to servants of the plantation, not being labourers, for

six

[blocks in formation]

six months preceding the sequestration, all unpaid wages of labourers for one month preceding and the month in which the sequestration is had, and all taxes, imposts, dues, debts, and sums of money payable to Her Majesty or to the Government of the Colony, including all Promissory Notes given on account of Immigrants allotted or indentured to the plantation, and which shall have fallen due before or at any time during the sequestration, together with all interest thereon.

RULES AS TO PASSING THE ADMINISTRATOR-GENERAL'S

ACCOUNTS.

77. The Administrator-General, in every trust and other matter Administrator in which he shall be an accounting party to the Court, shall, once render his in every year, and in the case of sequestrations, within three Accounts to

Registrar of months after the close of the sequestration, submit his accounts to Coart. the Registrar of Court, with all the books, documents, and vouchers thereto belonging, or relating, exhibiting a clear statement of all receipts and payments by him as such accounting party, during the period for which the accounts are rendered ; and the Registrar is hereby forbidden to receive the accounts, unless the formalities prescribed by this Ordinance have been previously strictly complied with.

78. Upon receipt of the said accounts, books, documents and Notice to be

published. vouchers, the Registrar sball forthwith cause due notice thereof to be advertised in the Official Gazette, calling upon all parties interested to examine the same and to state their objections, if any, in writing to such accounts, books, documents, and vouchers, which advertisement shall be continued for one month previously to such accounts being delivered to the Accountant to the Court, at the expira. tion of which month the Registrar shall place before the Accountant to the Court the said accounts, books, documents, and vouchers, in the order in which they have been deposited with him; and if any document or voucher sball be found deficient or wanting, the Accountant to the Court shall give notice thereof in writing to the Administrator General, who shall be bound, within fourteen days after the receipt of such notice, to furnish the document or voucher required, or show sufficient cause to the contrary, on pain, in default thereof,

of

« PreviousContinue »