BRITISH ORDER IN COUNCIL revoking the Provisions London, At the Court at Windsor Castle, the 21st day of January, 1914. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. Archbishop of Canterbury. Lord President. Viscount Allendale. Lord Stamfordham. Lord Parmoor. Sir Francis Hopwood. Sir G. Fleetwood Wilson. WHEREAS, by an Order of Her late Majesty Queen Victoria, bearing date the 15th day of March, 1893,† and known as "The Pacific Order in Council, 1893," provision was made for the exercise of the jurisdiction of Her Majesty, her heirs and successors, within the limits prescribed by the said Order under and by virtue of the provisions contained in the Acts of Parliament in the said Order recited and set forth; And whereas by Articles 38 to 46, inclusive, of the said Order, provision was made for the exercise by the High Commissioner's Court of Probate Jurisdiction within the said limits; And whereas it is expedient to revoke the said Articles so far only as they relate to the Solomon Islands Protectorate and the Gilbert and Ellice Islands Protectorate and Ocean Island, and to substitute new provisions in lieu thereof, and to provide more effectually for the custody and administration. of unrepresented estates in the said Protectorates and the said Island: Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by "The British Settlements Act, 1887," "The Pacific Islanders Protection Acts, 1872,"s and 1875," and "The Foreign Jurisdiction Act, 1890,"¶ or otherwise in His Majesty vested, is pleased, by and with the advice of His Majesty's Privy Council, to order, and it is hereby ordered, as follows: 1. The provisions of this Order shall not operate beyond the limits of the British Solomon Islands Protectorate and the Gilbert and Ellice Islands Protectorate and Ocean Island. 2. This Order may be cited as "The British Solomon Islands and Gilbert and Ellice Islands (Probate and Administration) Order in Council, 1914." * "London Gazette," January 27, 1914. + Vol. LXXXV, page 1053. t Vol. LXXVIII, page 824. [1914. CVII.] Vol. LXVI, page 234. Vol. LXXXII, page 656. D 3. Articles 38 to 46 of "The Pacific Order in Council, 1893," are hereby repealed, but without prejudice to anything lawfully done thereunder. 4. In this Order, unless the context otherwise requires"Secretary of State" means one of His Majesty's Principal Secretaries of State. "High Commissioner" means His Britannic Majesty's High Commissioner for the Western Pacific. "Protectorate" means the British Solomon Islands Protectorate or the Gilbert and Ellice Islands Protectorate. "Resident Commissioner" means the Resident Commissioner of the Protectorate wherein is the particular estate which becomes subject to the provisions of Part II of this Order. "The Court" means His Britannic Majesty's High Commissioner's Court for the Western Pacific. "Estate" means all estate of whatever nature. Ocean Island shall for all the purposes of this Order be Ideemed to be included in the Gilbert and Ellice Islands Protectorate. PART I. 5.-(1.) The Court shall be a Court of Probate and, as such, shall, as far as circumstances admit, have, for and within its jurisdiction, with respect to the property of persons subject to the jurisdiction of the Court, appearing to the Court to have at the time of death their fixed places of abode in the jurisdiction of the Court, all such jurisdiction as for the time being belongs to any Court exercising probate jurisdiction in England. (2.) Probate or administration granted by a Court shall have effect over all the property of the deceased within the jurisdiction, and shall effectually discharge persons dealing with an executor or administrator thereunder, notwithstanding that any defect afterwards appears in the grant. (3.) A grant of probate or administration shall not be impeachable by reason only that the deceased had not, at the time of his death, his fixed place of abode within the jurisdiction. 6. (1.) Any person having in his possession or under his control any paper or writing of a deceased person subject to the jurisdiction of the Court, being or purporting to be testamentary, shall forthwith deliver the original to the Court and deposit it there. (2.) Any person neglecting to do so for fourteen days after having knowledge of the death of the deceased, shall be liable to such penalty, not exceeding 501., as the Court thinks fit to impose. 7. From the death of a person subject to the jurisdiction of the Court, having at the time of his death his fixed place of abode in the jurisdiction of the Court, intestate, until administration granted, his personal property in the jurisdiction of the Court shall be vested in the Judge of the Court. 8. Subject to the provisions of Part II of this Order, if any person (other than an officer of the Court) entitled to a grant of probate or letters of administration takes possession of, or in any manner administers, any part of the personal property of any person deceased without obtaining probate or administration within three months after the death of the deceased, or within one month after the termination of any suit or dispute respecting probate or administration (if there is any suit or dispute which is not ended within two months after the death of the deceased), he shall be liable to such penalty, not exceeding 1007., as the Court having jurisdiction in the matter of the property of the deceased thinks fit to impose; and in every such case the same fees shall be payable by the person so administering as would have been payable by him if he had obtained probate or adminis tration. 9. Where it appears to the Court that the value of the property or estate of a deceased person does not exceed 100%., the Court may, without any probate, or letters of administration, or other formal proceeding, pay thereout any debts or charges, and pay, remit, or deliver any surplus to such persons and in like manner as the High Commissioner from time to time directs, and shall not be liable to any action, suit, or proceedings in respect of anything done under this Article. 10.-(1.) Where probate, administration, or confirmation is granted in England, Ireland, or Scotland, and therein, or by a memorandum thereon signed by an officer of the Court granting the same, the testator or intestate is stated to have died domiciled in England, Ireland, or Scotland (as the case may be), and the probate, administration, or confirmation is produced to, and a copy thereof is deposited with, the Court, the Court, by a Judicial Commissioner, shall write thereon a certificate of that production and deposit, and thereupon the probate, administration, or confirmation shall, in respect of the property within the limits of this Order of the testator or intestate, have the like effect as if he had been resident within the limits of this Order at his death, and probate or administration to his property there had been granted by the Court. (2.) Any person who, in reliance on an instrument purporting to be a probate, administration, or confirmation, granted in England, Ireland, or Scotland, and to bear the said certificate of the Court, makes or permits any payment or transfer, in good faith, shall be, by virtue of this Order, indemnified and protected in respect thereof within the limits of this Order, notwithstanding anything affecting the validity of the probate, administration, or confirmation. 11.-(1.) A person claiming to be a creditor or legatee, or the next-of-kin, or one of the next-of-kin, of a deceased person may apply for and obtain a summons from the Court requiring the executor or administrator (as the case may be) of the deceased to attend before the Court and show cause why an order for the administration of the property of the deceased should not be made. (2.) On proof of service of the summons, or on appearance of the executor or administrator, and on proof of all such things (if any) as the Court thinks fit, the Court may, if it thinks fit, make an immediate order for the administration of the property of the deceased. (3.) The Court shall have full discretionary power to make or refuse or postpone the making of any such order, or to give any special directions respecting the carriage or execution of it; and in the case of applications for such an order by two or more different persons or classes of persons, to grant the same to such one or more of the claimants, or classes of claimants, as the Court thinks fit. (4.) If the Court thinks fit, the carriage of the order may subsequently be given to such person, and on such terms, as the Court thinks fit. (5.) On making such order, or at any time afterwards, the Court may, if it thinks fit, make any further or other order for compelling the executor or administrator to bring into Court for safe custody, all or any part of the money or securities or other property of the deceased, from time to time coming to his hands, or otherwise for securing the safe keeping of the property of the deceased, or any part thereof. (6.) If the extreme urgency or other peculiar circumstances of the case appear to the Court so to require (for reasons recorded in the minutes), the Court may of its own motion issue such a summons, and make orders and cause proper proceedings to be taken thereon. 66 PART II. 12. For the purposes of this part of this Order, the expression unrepresented estate' means (A.) The estate of a deceased person— (i.) Who has died intestate as to the whole or any part of his estate; or (ii.) Whose will cannot be found; or (iii.) Who has not appointed an executor of his will; or (iv.) Whose executor or executors has or have predeceased him, or is or are not in the Protectorate in which the estate of the testator is situate; or (v.) Whose executor or executors refuses or refuse, or is or are unable, to act; and who, in each of these cases, has left him surviving in the Protectorate no person (other than the official administrator hereinafter named) entitled by law to a grant of, and able and willing to take administration of, his estate or administration thereof with the will annexed. (B.) The estate, or any part of the estate, of a deceased person which at any time after a grant of probate or of letters of administration has been made, is unadministered, and in respect whereof there is no representative in law in the Protectorate where that estate or part of that estate is. 13.—(1.) Subject to the approval of a Secretary of State, the High Commissioner may, for and in respect of such Protectorate, appoint a fit and proper person to be the official administrator of unrepresented estate therein. (2.) Subject to confirmation by a Secretary of State, the High Commissioner may remove any person so appointed. (3.) Until the appointment aforesaid is made, the Resident Commissioner in each Protectorate shall be the official administrator therefor and therein. 14. The official administrator shall, as soon as possible after his right to do so, accrued under the provisions of this Order, take possession of any unrepresented estate of a deceased person in the Protectorate and apply forthwith to the Court for an order for letters of administration thereof, or of administration thereof with the will annexed (as the case may be) to issue to him, and the Court, if satisfied that there is no person in the Protectorate other than the official administrator entitled to and able and willing to take the said grant, shall make a grant to the official administrator accordingly. 15.-(1.) Any person by law entitled to a grant of probate or of letters of administration (with or without the will annexed) of the estate of any deceased person, the administration whereof has been granted to the official administrator. may, within five years from the date of the last-mentioned grant, apply to the Court for revocation thereof and for a grant to him of probate, or of administration of that estate, or such part thereof as is still unadministered, and the Court, if satisfied that the applicant is entitled thereto, shall make the appropriate grant. (2.) Nothing done by the official administrator under the grant of administration to him shall be rendered invalid, or be liable in any way to be impeached, by reason only of the subsequent revocation thereof. 16.-(1.) After the expiration of five years from the date of an order for administration of any unrepresented estate of a deceased person by the official administrator, that estate or so much thereof as has descended or is distributable and is then unclaimed, or the person or persons entitled to which is or are unknown, shall, on the application of the official administrator to the Court, be transferred to and vested in the Resident Commissioner in that capacity, and shall be held by him and his successors in office for the use and benefit of His Majesty's Government of the Protectorate. (2.) If, within five years from the date of the transfer and vesting aforesaid, any person shall lay claim to the estate or any part thereof, and shall prove his title thereto to the satisfaction of the Resident Commissioner, who may require the claimant to prove his claim before a Court of law, the estate or part thereof, after deduction therefrom of a commission of 2 per centum on the value of the estate originally sworn for the purposes of administration, shall be transferred, or paid without interest from the general revenue of the Protectorate, to the claimant. |