2182
THE NEW ZEALAND GAZETTE.
[No. 85

Recognition in British Columbia of Probates and Letters of Administration granted in New Zealand.

Crown Law Offices,
Wellington, 7th June, 1918.

IT is hereby notified for public information that an Order in Council was passed by the Executive Council of the Province of British Columbia on the 26th April, 1918, extending the provisions of the Probates Recognition Act, Chapter 184 of the “Revised Statutes of British Columbia, 1911,” to the Dominion of New Zealand, from and after the 30th day of April, 1918.

A copy of the said Probates Recognition Act is printed hereunder.

F. H. D. BELL,
Attorney-General.

CHAPTER 184.

AN ACT to provide for the Recognition in this Province of Probates and Letters of Administration granted in the United Kingdom and elsewhere.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows :—

Short Title.

1. This Act may be cited as the “Probates Recognition Act.” R.S. 1897, c. 157, s. 1.

Interpretation.

2. In the construction of this Act—
   “Court of Probate” means any Court having jurisdiction in matters of probate :
   “British possessions” means any part of the King’s possessions, exclusive of the United Kingdom. R.S. 1897, c. 157, s. 2, subsecs. (6), (7) (part).

Powers of the Lieutenant-Governor in Council.

Act to come into force when proclaimed by Lieutenant-Governor in Council.

3. The Lieutenant-Governor in Council may from time to time, on being satisfied that the Legislature of the United Kingdom or of any British possession has made adequate provisions for the recognition in the United Kingdom or in that possession of probates and letters of administration granted by the Courts of this Province, direct by Order in Council that this Act shall, subject to any exceptions and modifications specified in the Order, apply to the United Kingdom or that possession, and thereupon, while the Order is in force, this Act shall apply accordingly :

Provides for admission of probate and letters of administration granted in United Kingdom, &c.

(1.) Where the Court of Probate in the United Kingdom or in any British possession to which this Act applies has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and an office or certified copy thereof deposited with, the Court of Probate in this Province, be sealed with the seal of that Court, and thereupon shall be of the like force and effect, and have the same operation in this Province, as if granted by the Court of Probate of this Province : Provided that the Court shall, before receiving a probate or letters of administration under this section, be satisfied, in the case of letters of administration, that security has been given in a sum sufficient to cover the property (if any) in this Province to which the letters of administration relate, and may require such evidence as the Court thinks fit as to the domicile of the deceased person :

Sealed duplicate of original document to suffice.

(2.) For the purpose of this section, a duplicate of any probate or letters of administration sealed with the seal of the Court granting the same shall have the same effect as the original. R.S. 1897, c. 157, s. 2 (part).

Orders in Council made hereunder to be laid before Legislature.

4. Every Order in Council made under this Act shall be laid before the Legislative Assembly within one week after it is made, and if the Legislature is not then sitting, within two weeks after the next meeting of the Legislature, and shall also be published in the Gazette. R.S. 1897, c. 157, s. 2, subsec. (3).

Orders in Council made hereunder may be revoked.

5. The Lieutenant-Governor in Council may from time to time, by Order, revoke or alter any Order in Council previously made under this Act. R.S. 1897, c. 157, s. 2, subsec. (4).

Application of Act.

6. This Act, when applied by an Order in Council to the United Kingdom or to a British possession, shall, subject to the provisions of the Order, apply to probate granted either before or after the sixth day of April, 1889. R.S. 1897, c. 157, s. 2, subsec. (5).

Notice of Vesting of Land in the Public Trustee under the Public Trust Office Act, 1908, Part II, Unclaimed Lands.

WHEREAS the Public Trustee has, for the purpose of Part II of the Public Trust Office Act, 1908, and its amendments (relating to unclaimed lands), made due inquiries with respect to the land described in the Schedule hereunder, and the whereabouts of the owner thereof, and has, in respect of the said land, given the notices prescribed by section 66 of the said Act, and has in all respects complied with the provisions of that Act pertinent hereto : And whereas the Public Trustee has not thereby ascertained the whereabouts of the owner or of any agent of such owner in New Zealand, nor has such owner established his title to the said land, as required by the said Act :

Now, I, the undersigned, the Public Trustee, hereby give notice that the said land is, under and by virtue of the said Act, vested in the Public Trustee as aforesaid, as from the date of the publication hereof, and will be administered under the Public Trust Office Act, 1908, and its amendments, the value of the land for the purposes of section 67 (d) of the said Act being less than £100.

Dated at Wellington this 10th day of June, 1918.

SCHEDULE.

ALL that parcel of land in the Provincial District of Auckland, containing by admeasurement 60 acres, more or less, being north-western portion of Allotment 11, Parish of Awhitu.

The land was originally Crown-granted to one William McMahon, of Onehunga, Farmer, who cannot now be traced.

R. TRIGGS,
Public Trustee.

Notice of Vesting of Land in the Public Trustee under the Public Trust Office Act, 1908, Part II, Unclaimed Lands.

WHEREAS the Public Trustee has, for the purpose of Part II of the Public Trust Office Act, 1908, and its amendments (relating to unclaimed lands), made due inquiries with respect to the land described in the Schedule hereunder, and the whereabouts of the owner thereof, and has in respect of the said land given the notices prescribed by section 66 of the said Act, and has in all respects complied with the provisions of that Act pertinent hereto : And whereas the Public Trustee has not thereby ascertained the whereabouts of the owner or of any agent of such owner in New Zealand, nor has such owner established his title to the said land, as required by the said Act :

Now I, the undersigned, the Public Trustee, hereby give notice that the said land is, under and by virtue of the said Act, vested in the Public Trustee as aforesaid, as from the date of the publication hereof, and will be administered under the Public Trust Office Act, 1908, and its amendments, the value of the land for the purposes of section 67 (d) of the said Act being less than £100.

Dated at Wellington this 10th day of June, 1918.

SCHEDULE.

ALL that parcel of land situated in the Provincial District of Wellington, containing by admeasurement 1 acre, more or less, being Lots 103 and 307 on deposited plan No. 83, being part Sections 231 and 232, Township of Sandon, and being the balance of the land comprised in certificate of title, Vol. 15, folio 164, Wellington Land Registry.

The title was registered in the name of Samuel Carroll, of Wellington, Accountant, as trustee of bankrupt estate of Robert Elliott, of Wellington, Publican, who cannot now be traced.

R. TRIGGS,
Public Trustee.