✨ Order in Council, Bonds
THE NEW ZEALAND GAZETTE.
437
G. GREY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, the
twenty-third day of November, 1866.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS by "The Intestate Estates Act, 1865,"
it is amongst other things enacted that every
person appointed Curator shall forthwith provide
security for such sum, not being less than two
thousand pounds, and in such manner and form as
the Governor in Council shall from time to time
direct, for the due performance of the duties of his
office, and for the due accounting for and payment of
all moneys which shall come to the possession or be
under the control of himself or his agents by reason
of or by virtue of his or their office or employment:
And whereas by an Order in Council bearing date
the twelfth day of October last, His Excellency the
Governor, with the advice and consent of the
Executive Council of the Colony, did, in pursuance
and exercise of the said power and authority vested
in him, order and direct that the security to be
given by every person appointed to be a Curator of
Intestate Estates under the provisions of the said
recited Act should be a joint and several bond in
the form set forth in the Schedule thereto: And
whereas it is expedient to make further provision for
the giving of such security as aforesaid:
Now therefore, His Excellency the Governor, in
pursuance and exercise of the power so vested in him
as aforesaid, doth hereby, by and with the advice and
consent of the Executive Council of the Colony,
order and direct that the security to be given by
every person appointed to be a Curator of Intestate
Estates under the provisions of the above recited
Act shall be a joint and several bond in the form set
forth in the Schedule hereto marked A., which shall be
entered into and executed by the Curator or principal,
together with two approved sureties, for the sum of
two thousand pounds, subject to the condition that
no more than the sum of one thousand pounds shall
be recoverable from each of the persons appointed
sureties, or in the usual form of guarantees given by
Insurance Companies to Government, for the sum
of one thousand pounds; together with a personal
bond in the form set forth in the Schedule hereto
marked B., for the like sum of two thousand pounds,
and one surety in the sum of one thousand pounds.
FORSTER GORING,
Clerk of the Executive Council.
SCHEDULE A.
KNOW all men by these presents that we 1
and 2
are held and firmly bound unto
Her Majesty Queen Victoria in the sum of two
thousand pounds of good and lawful money of
Great Britain, to be paid unto our said Lady
the Queen, her heirs and successors, for which
payment, well and truly to be made, we bind
ourselves and every of us, jointly and severally
for and in the whole, and the heirs, executors,
and administrators of us and every of us, firmly
by these presents. Sealed with our seals.
Dated this 3
day of
in the
year of our Lord one thousand eight hundred
and
WHEREAS the said
has been appointed a
Curator of Intestate Estates, and whereas the above
bounden
have agreed to join with the said
in the above-written bond or obligation as the
sureties of the said
for the due and faithful
performance of the duties of his said office:
Now the condition of the above written obligation
is such that if the said
from time to time, so
long as he shall continue and be employed in the
said office, shall duly perform the duties of the said
office, and duly account for and pay over all moneys
which shall come to the possession, or be under the
control of himself or his agents, by reason of or by
virtue of the said office or employment; and shall
from time to time observe and keep all such orders
and instructions as he shall receive from the
Governor of New Zealand for the time being
touching the due performance and execution of the
said office : and shall from time to time, and at all
times hereafter, so long as he shall hold the said
office well and truly, faithfully and honestly, to the
best of his skill and ability, exercise, obey, discharge,
and perform all the duties thereof, and also all the
powers, directions, duties, and obligations given to
conferred upon or to be performed and discharged
by him under any law for the time being relating to
the said office; and shall, when thereunto required,
deliver up all books, deeds, rules of the Supreme
Court, vouchers, and other papers relating to the
said office, and also such commission, warrant, or
authority as he hath received or shall receive from
the Governor, to such person as the Governor shall
direct and appoint to receive the same, then this
obligation to be void and of none effect, or else to
remain in full force and virtue: provided always
that no more than the sum of one thousand pounds
shall be recoverable from each of them the said
sureties by virtue of the above-written obligation.
Signed, sealed, and delivered by the above-named 4
in the presence of 5
- Name and residence of officer at length.
- Names, residences, and occupations of sureties, at length.
- Date of first signature in words at length.
- A seal to be affixed for each party, and the bond to be signed
in the presence of two witnesses, who must sign their names,
adding their residences and occupations. - An attestation must be added for each separate witnessing.
SCHEDULE B.
Know all men by these presents that we 1
and 2
are held and firmly bound unto Her Majesty
Queen Victoria in the sum of two thousand
pounds of good and lawful money of Great
Britain, to be paid unto our said Lady the
Queen, Her heirs and successors, for which
payment well and truly to be made, we bind
ourselves jointly and severally, and our heirs,
executors, and administrators, firmly by these
presents. Sealed with our seal. Dated this 3
day of
in the
year of our Lord one thousand eight hundred
and
WHEREAS the said
has been appointed a
Curator of Intestate Estates in the Province of
and whereas the said
hath
agreed to become the surety of the said
Now the condition of the above-written obligation
is such that if the said
from time to time, so
long as he shall continue and be employed in the
said office, shall duly perform the duties of the said
office, and duly account for and pay over all moneys
which shall come to the possession, or be under the
control of himself or his agents, by reason of or by
virtue of the said office or employment; and shall
from time to time observe and keep all such orders
and instructions as he shall receive from the
Governor of New Zealand for the time being
touching the due performance and execution of the
said office; and shall from time to time, and at all
times hereafter, so long as he shall hold the said
office well and truly, faithfully and honestly, to the
best of his skill and ability, exercise, obey, discharge,
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⚖️ Order in Council setting security bond requirements for Curators of Intestate Estates
⚖️ Justice & Law Enforcement23 November 1866
Order in Council, Intestate Estates Act 1865, Curator, Security, Bond, Schedule A, Schedule B, Wellington
- G. Grey, Governor
- Forster Goring, Clerk of the Executive Council
NZ Gazette 1866, No 61