Admission of Deceased Estates Act 1848 (SA)

No. 12.

ORDINANCE elzacted Ay the Governor of South Australia, zoith 1.52 ad&e

and consent of the Legis2atiz.e Cozwcil thereoJ

For the Better Preservation and Managenzetlt of the Estates of

Deceased Persons in Certain Cases,

[23rd November, 1848.1

thereof-

W HEREA S it is expedient to make Provision for the better Preamble. Preservation and Management of the Estates of Pemons who

may die Intestate, leaving property within the Jurisdiction

of the Supreme Court of this Province, and without leaving any lawful next of kin of full age, resident within such Jurisdiction, and of Persons who may die, having made a Will, but without leaving any Executor thereof resident within such Jurisdiction, who may

be willing and capable of acting in the Execution of such Will, and

without leaving any lawful next of kin of full age and capacity re- sident within such Jurisdiction, whereby the Estate and Effects of the Deceased may be expoaed and liable to waste:

BI: IT THEREFORE ENACTED, by THE GOVERNOR of South Aus- Govemarma appoint f xiteawe

tralia, with the advice rnd copsent of THE LEGI~LITIVE COUNCIL

thereof-THAT it shall be lawful for the Governor, acting on HER

MAJESTY'S behalf, after the passing of this Ordinance, and from

time to time, as often as shall be necessary, to appoint an Officer, who sliall be styled Curator of Intestate Estates," and shall pcr- form the Duties, and have the Powers and Rights, and be snbject to the Liabilities hereinafter expressed, declared, and contained; and such Officer when so appointed shall be deemed to be an Officer

curator

rity. @re MW- of the Supreme Court, and subject to the Rules and Orders thereof, and shall from time to time annually procure and give Security to the satisfaction of the Governor, for the Collection and Due Pay rnent of, and Accounting for, all Moneys which shall come to his hands by

Proviso.	virtue ofhis Office ofcurator of htestate]Estates: Paovr n m ALW A Y S, that no surety for such Officer shall he liable, b e ~ o n d the separate
amount in which he may have bound himself; a i d also, that every
under any Bond or Recognizance, by giving to the Colonial
such surety may withdraw from any further liability for the f u t u t ~ withdrawal, without prejudice nevertheless to his liability fur
any previous brkach of the condition of such Bond or Recognizance.

Ordert~ed lec tenta t~ 11. AND BE IT ENACTED, that the Curator of Intestnle 1ktatrs, and the effect thereof, shall from time to time, as soon as conveniently mlzv be, after re-

ceiving information of the death of any Person leaving Personai

Estate which map be exposed and liable to waste 1i.uin any such causes as aforesaid, apply to the said Court. or a Judge thereof, for an Order, authorising him to Collect, Rlanogr, and Administer such Estate; and the said Court or Judge shall, if sntis- fied that the case is within the Provisions of this Ordinance, nlakc such Order; which Order, when made, shall give to ttle Curator of Intestate Estates the s h e Power over the Personal Estate of theBeeeased Person, except as hereby 13nacte3, as he would Iravc

had if Letters of Administration of such Personal Estate had been

granted to the said Officer: SUBJECT ICEVERTIIELESS, to any Order or

Orders which may from time to time be made by the said Court, or one of the Judges thereof, on Petition as hereinafter mentiooerl, touching the said Estate, or the Collection, Management, or Ad-

Order to collect not ministration thereof: PROVIDED N E v E w r H E m s s, that an 01dor t o

to prevent the lub3e- Collect, Manage, and Administer any Estate shall not, either	uent proving of a
bill, &C. before or after the same shall be made, prevent the proving of ally Will, or theobtaining of any Letters ot Adrnmistration to the Pcrson:!l

Estate of any Person dying Intestate, or limit or affect the Powers

or Duties of any .Executor or Administrator of the same Estate*

of Proe*di~ 111. A N D BE IT ENACTED, that after an Order to Collect, Ma-

under this Ordinance. nage, and Administer the Estate of any Deceased Person shall hare

been made, all disputes and matters touching the Collection, &fa-

nagement

pllt, or Sdministratiou of the same n ithin the Provisions of

rdinance, and all Chims and Demands t l iere~n, except as

,&er provided, shall be decided by the said Suprerne Court,

, of the Judges thereof, on Petition in like manner as if the r were in the Eqnitable Jurisdiction of the said Court; and

Judge or Judges of the said Court shnll, from time to time, make h General Rules and Orders touching such Petitions and the

c e e d ~ n g ~ thereon, as to them shall seem expedient, subject to firrnation by the Governor, with the conseilt of the Legislative

nci17 in manner required by Law with respect to all General

es and Orders of the Supreme Court; and all Petitions

Orders presented and made uxrder the Provisions of this

inance, and all Affidavits used in support of, or in opposition

Petitions, or otherwise relating to the Estates of such De-

ssed Persons as aforesaid, and all Accounts of the Collection of

estates' M a t e s passed or to be passed, shnll bc filed in such

cc of the Supreme Court as the said Judge or Juclges shall from

le to time direct: P~ovrnxi, XEVERTMEI,BSS, that ~f the said Su- Prociso.

erne Court, or the Judge to whom any Petiticin shall be pre-

nted, touching the matters aforesaid, shall think it desirable that

elnatter in questio~l sbould nut be decided on Petition, the said unrt or Judge shall Order such Proceedings to be Instituted at

aw or in Equity as shall be considered proper for the decision ,.

1V. L l r; ~ B E IT ENACTED, that all Orders' which shall be made Enforcing Orders.

p the sajtl Court, or a Judge thereof, shall be enibrced by the

m e Process as the like 3rders would be enforced by, if they were

made by the said Supreme Court in its Equitable Jurisdiction; and

h t all Affidavits made in respect of the Colle'ction, Management,

or Administration of the Estates of Deceased Persons, under the

hovisions of this Ordinance, ur relating thereto, or to any Pro-.

ceedings at Law or in Equity, under the Provisions of this Ordi- Afidryitsbeforenhom

m c e, or relating thereto, rnuy be sworn before n J.udge, or Corn- to be worn.

beyond Twenty Miles from the Supreme Court IIouse), before any	missioner of the Supreme Court for t ak ing Affidavits, or (in places
Jl~stice of the Peace, who is hereby empowered to Administer the
Oath in every such case.

V, A K D IT E N ~ ~ C T E D, ttlat the Curator of Intestate Estates Estates of persons and *dnlinister the d y m g without the Ju-

shall apply for an Order to Collect, Manage,	risdiction of the Court.
Estate of any Deceased Person, and the said Court or Judge
thereof shall have Authority to make such Order, whenever such I h o o shall have Died bevond the jurisdiction of the said Court, but leaving Personal Property within the Jurisdiction thereof, ar.d
there shall be no lawful next of kin of such Deceased Person, who
$hall be of fu l l age, resident within such Jurisdiction.

VI. A x n

If L coum-eto be ~umued VI. AND BB I T ENACTED, that when any Person shall have

where Probate is not wjtliin 6 died, having made a Will, and named hxecutors or an Executor

I	tden
I	Calendar Month. thewof, bequeathing Personal Property within the Jurisdiction of the said Court, and Prubate thereof, or Letters of Administration.

with the Will annexed, shall not have been obtained within Six Calendar Months after the death of the Testator, the Curator of

Intestate Estates, upon receiving information of the said facts, shall cite the Executors named in the said Will to come in and prove the same, or stiew cause within Fourteen Days

after such citatiox, why an order should not be made for the s4d Officer to Collect, Manage, and Administer the said Estate; and

such citation shall be by Notice under the hand of the Curator af Intestate Estates, which Notice shall (with respect to scch of the said Executors as shall have a Place of Residence within this Colony known to the said Curator) be served personally, or by de- livery at such Residence; and (with respect to such' of them as may be out of the Colony, or have no known place of Residence within

it),shall be twice inserted in the South Australian Government Gazette;

and if at the expiration of the said Fourteen Days, the said Will shall not be proved, or cause shewn to the satisfaction of the said Court, or a Judge thereof, why the Order should not be made, such Order

shall, upon the Petition of the said Officer, be made accordingly.

L

The libwhmno Ex- VII. AND BE XT ENACTED, that when any Person shall have

l f	Z	ecutor named, or no
WiU made. died Intestate (or, if he shall have made a Will, without naming

any Executor thereof resident within the Province), leaving Perso- nal Property within the Jurisdiction of the said Supreme Court, and Letters of Administration shall not have been obtained within Three Calendar Months after the death of such deceased Person, the Cu-

i	rator of Intestate Estates, upon receiving information of the said
Y	facts, shall cite in manner aforesaid the Widow and next of kin,
!	who may be entitled to administer, to apply for and obtain Letters
of Administration, or shew cause, within One Calendar Month after such citation, why an Order should not be made for the said
Officer to Collect, Manage, and Administer the said Estate; and
if at the expiration of One Calendar Month, Letters of Admin-
v	istration &all not have been obtained, or cause shewn to the
q	Court, or a Judge thereof, why such Order should not be made,
t	such Order, upon the Petition of the said Officer, shall be made.

. " ' U ' by Or VIfI. Alpn BE IT ENACTED, that in all Proceedings uuder this

Curator. Ordinance, and in all Proceedings at Law or in Equity, the said

v a	Offieer shall sue and be sued by his name, with the addition of the
Y
f	WO'IXI Curator of Intestate Estates," and it shall not be neces-
l	amy for him, or the Person or Persons suing him, to state or prove

general Authodty to Collect, Manage, and ~dminister the

L Estates

Estates of the Deceased Persons leaving Property within the provisions of this Ordinance, but merely the Order made on the petition of the said Curat& for such purposes, in the iepecifie*

@tate to which the Proceedings may relate; and whenever the

Office of 'L Curator of Intestate Estates" shall become vacant by r*":: ",;E; %

~ I u T ' c ~ ~ ~ ~.

the Death or Removal of the Officer for the time being, defective, but the Petition, Action, Suit, or other Proceeding, shall be continued by or against the Officer newly appointed, and his name be use$ in all future Proceedings, in lieu of the namd of the Officer so deceased or removed.

another Person shall be appointed to that Office during the pen.

dency of ' any Petition, Action, Suit, or other Proceeding, such

IX. AND BE IT ENACTED, that the Curator of Intestate Estates Curator to make in- ventory and keep ac-

shall make or cause to be made an Inventory or List of all the ,,,,,, and

Personal Estate of the Persons whose Estates he shall have been mit persons to inapect

ordered to Collect, Manage, and Administer, and shall retain the them*

same in his Office, and shall keep an' Account of all.lis Receipts,

Pavments, and Dealings in every such Estate, and shall retain all

~ekers received, and copies of all Letters written by him, and all Deeds, Papers, and Writings, of and relating to such Estates, and shall permit all Persons to inspect and take copies of the same, audr

of all Proceedings relating thereto, a t all reasonable hours, and

shall convert into Money all such Personal Estate as shall not pernoad to be

consist of Money, unless Order be made to the contrary by the'canyerted into money.

said Court, or a Judge thereof.

X. AND BE IT ENACTED, that the Curator of Intestate Estates

shall, at such times as he shall think fit, cause ~dvertisementd to P~gment of debts.

be inserted in the South Australian Government Gaeetts, and

other Public Papers as he shall deem expedient, calling upon C r y

ditora of the Persons whose Estates he shall have been ordered to	Collect, Manage, and Administer, to come in and prove their Debts
before him ; and the said Curator of Intestate Estates shall allow any ,
Claim which may be made behe him, if the same shall amount to
the sum of Twenty Pounds or upwards, upon the like proof as would
be required by the Master in Equity for proof of a Claim qade before him, upon a reference to take an Account of Debts in a Suit Kind of proof to be made of debtu being
W i t u ted by a Creditor on behalf of himself and others, against doe. an Executor or Administrator; and shall allow any Claim not amounting to the snrn of Twenty -Pounds, upon the Affidavit of the Claimant alone, or where h6 shall think fit to call for further
Evidence, upon such further Evidence as he shall require; and &id Curator of Intestate Estates &all, as soon after the ex pi-

&&n of the time allowed for proof Debts

of as he con;cnienily if not, shall declare and pay a Dividend thereon; and if he shall

pi	ct my further Asmts after making such payment, he shall, in
!+	ady part of h, Debts proved remain unpaid, pay the same,

tl v d spy Debts subsequehtly roved before him (or a Dividend

, therwg, PO the care p q y be), B ut 8uch Debts as shall be subse-

*

3,

gaeatlp proved shall first bk :paid a ,Diiidend, in proportion to

* . -

,abuntj equal to the &hidend paid to creditors 'having prc-

t	riopsly proved .their Gebts ; and after payment of all Debts, Fees,
~i	and Expews h i d e n t to the Collectiou, Management, and Ad..
minisrtr@tion of rsuch Personal Estate, shall pay over the residue td
t
the Persona) Representative of the Intestate or Testator (as the
csp mpj he) i o bon as iuch Repiesentative shall have been duly
' 8
13	constituted,

% . l.

$ to pying money $1. @OovamD ALIV*YB, A N D & ri $NACT&, that nothing

~ ~ & ~ g bereizj con&ioedsba!l affect,thePower of the Supreme Court, or ~ B ~ ~ *

any Jdge thereof, f r o p t t i ~ e t o time, to direct that any Money

i	beionging ingo t$e Estate of any Intestate in the hands of the Curator
shall ba invested in the Savings Bank at Adelaide, in such manner
as the said Coort or J u d p shall think fit, under the Provisons fur that pur , 843 made by the Oidinance uf the Governor and Council

,. l

of, this k?ovince. No. 15, of 1811, " To Establish a Savings Bank

in son th Australia, to provide for the Management thereof, and

" for the Security of Deposits therein."

Pa~.m&t to next of X ~ I. .AND BE IT $NACT~D, that after the expiration of Ttvcive

Iliaor	w e e. le@eesinmd	Calmdqr month^ from the time fixed by the Advertisement for
CreditoR to come in and Prove .their Depts, if no Debt shall be

Prowcl, or ns Creditor having Proved, l ~ j b hebt shall remain ufi-

it ,shall be lawful for any Judge of the Supreme Coort, i f h i

ahall think fit so to do, to Order the Cura t~r of Intestate Estates tq

pay any Sum, not exceeding fifty Pounds, to any Person claiming to be a Party in Distribution,, or to be a Legatee under a Will, without Letters of ~drningtration having been dbtained, or the Will

being Proved, and without Legal ~ r o b f o f the Right or Title of the

P ~ t y W +Clai~iqg ; and the said Curator of Intestate Estates slla!l

Pay the Voney so Ordered to be Paid, br, if necessiq, shall remit

' 1 the same in such manner as he shall ihihk tnost bafe and convenie~~t~

2111. AND BB IT ENACTED, that the c,urator of Intestate E*

1 AWOW-J~S

C gslr befan a &tee shall, once in every Quarter of a Year, on a day to be fixed

i the Supreme Court or a Jui?ge theredf, or ofteoer if required b j

the said Court; pass hia Accounts in each Estate before ope of th$

* J u d p

judges of the said Court; but the passing of such Accounts s h d sot prevent his being thereafter liable to any claim which may be

at any time made on him i,n respect of any 'Sum regeired an$ not

l him but for his wilful neglect or default; and the Chator df In: Curator to transmit	accounted fori or, any Sum .which might have been reckived by
testate Estates shall, in every Year, .in the Month of January ' yeaWoHerMajestfd Principal Secretary of
transmit to HER MAJESTY'S Principal Secretary of State for the, StatefoIlhe Colonies,
Colonies, a Returv of all Moneys Paid, H eceived, and Invested in areturnofmone~ paid*

received, and isvested

the Savings Bank, in respeci of all the Estates of Deceased Per-	&he	[ianop Bank.
sons, intrusted to him fdr Cdlkctidd duqiig tlii p+ekedin-j Yea?; distinguishing t l ~ e particular Estate in which the same have; beeri 1.0 Received, Paid, or Invested; and h e shah also Publish, twice in every Year, in the Months of January and July, a like Return in the .South Auatralinn Government Gazette in resp&ct bf the Sit Months preceding.

XIV. A N D BE IT ENACTED, that the Curator df intestate E? ~urstorrnny requires

tates shall have the same Power to require a Release and Disi	On winding up
charye upon the winding up any Estate in his charge, and handing over the Property which pay be in his hands to the Person or Persons entitled thereto, as ,any Executor, Administrator, or &ny other Trustee, now has in the like circum!&ahces',

XV. A N D BE IT ENACTED, that in the girirst Week of ~anua;;, Payment to be made to the Colonial ' h a -

which will be ih the Year gf our Lord One Thousand Ei,h cr

@urer~f &U sums which

dred and Fifty, and in the First Week of the same Month i,u every havebeen to the credit ay all of any Inteatate Estate

fiucceeding Year, the Trustees of the ,Savings Bank shall	for 6 Years uU-
Sums of Mcney ,which shall, on the First @ay of that Bfontk,, have
k e n in the said .Bqnk, to the credit d any" f ntestab &tat& ;Up-	claitned for the Term of Six Years next precediug, to the Colon~al

Treasurer of the Colony, forthe -Lub~Zc Uses of t5e sa' i

and in support of the G o v e & m % - a

be appfied thereto, in such Manner as ehall be directed by any Act

or Acts of the said Governor and Legislative Council, subject t,a	i
the Provisions hereinafter contained; and that tlie, Curatqr of In- testate Estates* shall, on ,the said Pirst . Day; bf' Janiaiy, in every Year, or withill Two Days next followiqg, furnish to the Trustees of the Savings Bank, and also to, the Colonial Treasurer, an Ac:
count of all Sums of Money .which shall be sp Payable, which Account shalt be a sufficient ~uthority for the said Trustees to Pay

the Sums mectionecl therein to the said ~olonial Treasurer.

XVI. AND BE IT ENACTED, that if at any time after any such Proyision for partie8

of Money shall have been so Paid to the said Colonial Trea- subsequently claiming who may ptition the

surer, any Person shall present a Petition to the Supreme Court, Supreme Court, &c.

one of the Judg6s therebf, praying for the Payment to hit6 of

such:

(a Copy of such Petition being pre-

of Inteatate Estates), and the said

mion, upon any Affidavit or other sufl

Person petitioning is entitled to.

the eaid Court or Judge shall

eof, &er deducting any Costs and

incurred by the Curator of In.

respect of such Application, or shall

the .Premises as shall be just ; a i d

ed on the Colonial Secretary, the rnunicated 'to ,His Excellency the

I1 be Lawful for the said Governor,

e a Wsirrant under his Hand to

Colony, to Pay the Money men-

to the Party entitled to Receive the same in

t shall be Paid or.be Payable on

virtue of anj such Drder, or other-

shall have been paid to the Colonial

. "

GoIonial Treasurer shall

Warrant as aforesaid, &hall be Payable by

ED, that the said Colonial Treasurer ed Credit for all Sums of Money paid such Warrant as aforesaid, and that

om the same shall be the said Treasurer in

m or Sums as shall be

ga of His ate Majesty King WiL

rovided b Y the Ordinance passed

n Act for the Establishment of a

of the Province of South

om Letters of Adrninistra-

self, with one or more suf-

tbg thereof, give and enter

uch Ministerial Officer of the mid Court shall for that pur- of the said Bond shall be for

and just Aecouat,and Admini* ib of the Deceased. to the satia-

according to the direction0 C ' thereof : "

_.1

iithereof:" NOW BE IT ENACTED, that the condition of every

Bond shall be for the making and exhibiting, by the Adrni- nistrator. to the Supreme Court of a just and true Account of the Goods, Chattels, Credits, and Effects of the Deceased, within Six Calendar Months after the granting of such Letters of Adminis- tration, and for the making and exhibiting, by the Administrator, to the Supreme Court of a just and true Account of his Adminis- tration of such Goods, Chattels, Credits, and Effects, within Twelve Calendar Months after the granting of such Letters of Adminis- tration; and that the Curator of Intestate Estates shall be the Ministerial Officer of the Supreme court, to whom such Bond as aforesaid shall in every casc be granted.

XX. A N D BE IT ENACTED, that every person to whom Letters Regulating such Ac-

Administration shall be granted, shall make and exhibit such c"untS.

Accounts as aforesaid to the Supreme Court, or to a Judge or the JIaster thereof, within the respective times mentioned in his Bond

for !hat purpose, and shall verify such Accounts by his Declaration

io writing, made in the presence of the Court, or a Judge or Master thereof, that the account exhibited by him is, to the best of his knowledge and belief, a true and just account of the Chattels, Credits, and Effccts of the Deceased, or of his, the Administrator's Administration thereof, as the case may be; which Declaration, the said Court, or a Judge or a Master thereof, is hereby em- powered to Administer. And in case any such Administrator shall neglect to make and exhibit to the Supreme Court either of such Accounts, verified as aforesaid, for the space of One Calendar

Month after the time appointed by his Bond for that purpose, i t

shall be the duty of the Curator of Intestate Estates to cause such

Administrator to be summoned by a Judge of the Court, to shew

I cause before him why he should not be ordered to exhibit such

I Account ta the Court forthwith; and in case such Administrator	being duly served with such Summons, shall not attend before the
1	Judge at the time and place mentioned therein, or shall not shew
1	any reasonable cause to the contrary, it shall be lm ful for the Judge

/ to order the Administrator to exhibit such Account, verified as

I

aforesaid, either forthwith or within such further time as the Judge ahall think fit to allow; and if such Administrator shall not within the prescribed time, or within such further time as shall be allowed him by a Judge, make and exhibit such Account in manner afore- said, it shall be lawful for any Judge of the Court to impose such Fine upon the Administrator making such default, not exceeding

Hundred Pounds, as the Judge shall see fit, and so from

time to time as often as default shall be made; and every such Fine

$hall be levied by Writ directed to the Sheriff in the same man-

i

1

ner, and applied to the same purposes, as Fines imposed by the

the

l

l

the Supreme Court for contempt are now levied and applied: PR*- vmm, that it shall not be the d ~ t y of the Court or Judge, or of the Curator of Intestate Estates, to investigate the truth or correci;. ness of any such Account, nor further to interfere with the Ad. ministration of the Estate than the compelling such Account to be rendered in any case when there shall be any lawful next of Kin of the Deceased of full Age and Capacity, resident within the Ju.

Proviso. risdiction of the Supreme Court: PROVIDED ALSO, that nothing herein contained shall prevent the Curator fiom taking Pro- ceedings on such Bond as aforesaid, at the request of any person interested, and on Security being given in the manner provided by the said in part-recited Act.

XXI. AND BE JT ENACTED, that where any Person Dying

to manqy,,,t ,,f

Real Estate.	Intestate, and not leaving any Heir or lawful Representative within the Jurisdiction of the Supreme Court, shall, at the time of his
Death, be Seized, or Possessed of any Real Estate within the Pro-
vince, which may be liable to be Injured or the Profits thereof lost unless some Care and Superintendence be had thereof, it shall be lawful for the Curator, upon receiving information thereof, to apply to the said Court or Judge for an Order authorising him to take
charge of such Estate; and it shall be lawful for the Court or a
Judge, if satisfied that the case is within the provision of thjs Ordinance, to make such Order, and such Order when made shall

1 give to the Curator of Intestate Estates power to enter upon any

such Estate, and to receive the Rents of any part thereof' wl~ich

may have been ~ e r n z d or Let, and to Demise any part thereof

which may not be already Demised or Let for any tern] not

exceeding Seven years, and to 'Distrain for Arrears of

Rent accruing since the Decease T t h e Intestate, ancl to Sue

for and Recover in such form of Action as the circ~~mstances

of the case may require, all Arrears of Rent which may have be- come Due in respect of any part of such Estate in the Life Time	of the Intestate, and may then be in Arrear and unsatisfied, or
which may have become Due since his Death, either under a
Demise made by the Intestate, or by such Curator since his Death; and to Sue for and recover compensation for the Use and Occupa-
tion of any part of such Estate since the &iiiK3fth~ Intestate, a i w i t h the sanction of t&Qgrt .ar a Judge thereof, to bring an A c t i o m c ~ i o " n s of Ejectment for the recovery of any part of s u ~ i i T T k a t e, all%&ich last-mentioned Actions may be brought by such Curator in his own Name, with the addition of his Title as Curator of Intestate Estates; and such Curator shall have authority to expend any part of the Proceeds of such Real Estate, in the execution of such Repairs and Improvements as may be ne-

Proviso.

cessary or advantageous for such Estate: PROVIDED, that no Sum

exceeding

exceeding Twenty Pounds shall be expended on such Repairs or lluprovements at any one time, without the previous Order of the

Court or Judge, obtained upon a statemefit of the circumstances

of the case, and verified iu such manner as the Court or Judge

&all direct; and the Curator of Intestate Estates shall have all f '

such further Powers and Authorities for the execution of his charge 1.

of ~ e S T % S f j f e s r e hcreinb7-n .-- to him with respect to i

Personal - --A Estate, so far as the same are applicable, and also allsuch I

Powers and Authorities as can be ordinarily exercised by Receivers

, of Real Estate appointed by the Authority of the High Court of i

Chancery in England, and shall render his Accounts and Pay all

Balances in his Hands, in the manner herein directed with regard

to Personal Estate.

XX11. AND I ~ F, T T ENACTED, that in cases when the estimated rower of sale of l i e d

value of any such Real Estate shall not exceed Two Hundred

Pounds, or when the personal property of any Intestate Estate

and the rents and profits of the Real Estate, shall be insufficient

to pay the debts of the Intestate and the charges attending the

Administration of the same; or when the yearly income or revenue dcrived from the Real Estate is insufficient to pay the charges upon sucl-1 Estate, or when there shall be an absolute necessity to repair

or reconstruct Bnildings, the decay of which would materially

diminish the value of the property, and there shall be no assets in

the hands of the Curator available for the purpose of the requircd

repairs or reconstruction; or it would be more advantageous that

such Real Estate should be sold than that any portion of the avail-

able personal assets in the hands of the Curator should be applied

to making the repairs or reconstruction, it shall be lawful for the Curator to apply to the said Court or Judge, for an order autho- rising the sale of such Real Estate, and it shall be lawful for the	said Court or Judge? in their or his discretion, on proof to	their or his satisfaction that the case is within the provisions
hereof, to order such Real Estate to be sold by public auction after such advertisement, and in such manner and form, and s11 b-
ject to such terms and conditions as the said Court or Judge shall
deem most advantageous to the interests of the parties concerned,
and to direct n conveyance to the purchaser to be made and
executed bv the said Curator, in such form as shall be approved of

the CO&. or a Judge thereof; and such conveyance shall be as

valid and sufficient to vest the Real Estate thereby conveyed in

the purchaser or purchasers tbereof, a5 if the same were executed

the party having the legal or beneficial estate or interest therein;

and the proceeds of the sale, after paying all the costs and charges

and attarldiog the same, including the Commission of the Curator,

cftfter paying all debts of the Intestate, and all sums of Money

charged

charged or chargeable upon such Real Estate, such costs and charges, commission, debts, and charges being first ascertained

by the said Court or same Judge or Officer thereof, shall be

disposed of, and accounted for in like manner as the proceeds

of Personal Estate under the provisions of this Ordinance:

Proviso.	PROVIDED ALWAYS, that in the Deed of Conveyance to be executed
hy the Curator, no covenant shall be required to be entered into by him with the purchaser, nor shall any coveuant be implied
against him, except a covensnt with the purchaser that he, the said Curator, hath not done any act whereby the Hereditamcnts comprised in such Dexl of Conveyance can be impeachcd, incum- bered, charged or affected in title, charge, or estate, or other-
wise.

Receipt d Curator XXIII. AND BE IT ENACTED, that the receipts in writing of

discharge* the said Curator for any moneys payable to hiin under and by virtue of this Ordinance, shall be sufficient discharges for the same to the persons paying the same, who shall not alterwards be liable for any rnisapplication thereof.

Money. received by	XXIV. PROVIDEE	ALWAYS, AND BE IT ENACTED,	that, subject
Curator to be paid into

Chafiered Bank to the provisions of this Ordinance, all sums of money, bills, and

within 2 days after re- drafts which shall be received by the said Curator, shall from

ceipt thereof. time to time, within Two Days after the same shall have been re-

ceived, or within Two Days after any bill shall have been accepted, completed, and perfected, if the same shall not be accepted, corn- pleted, and perfected at the time it shall bs received, be paid by

him into the hands of the Manager and Company of any Chartered

Colonial Bank, for which the receipt of the Cashier of the said

Bank shall be a sufficient discharge; and all such moneys, bills,

and drafts, so to be paid as aforesaid, shall from time to time be

placed to the account, in the books of the said Manager and Company, intituled the "Account of the Curator of lntcstate	"Estates," and shall be applied and disposed of by the said
Curator according to the provisions of this Ordinance: PROVIDED,

Proviso.	that any such moneys, bills, or drafts, which may be received at a greater distance than Twenty Miles from Adelaide, shall be paid as aforesaid as soon as practicable after receipt
thereof.

Curator to make pay-	XXV. AND BE TT ENACTED,	that the said Curator shall make
mente by drafts, and to

keep counterpart of

all payments required to be made, exceeding Twenty Shillings, out

such drafte.

of the moneys to be deposited in some Bank as aforesaid to the

" Account of the Curator of Intestate Estates," by drafts on socl!

Bank, and shall specify in every such draft the particular charge,

purpose, or cause for which such draft shall be given; and ever1

such

draft shall aTso have marked in the margin thereof a figure com-ponding to the page of a book to be kept by the said Cu- rator, wherein entry shall be made of the particular charge, pur- ~'Ose, or cause for which such draft shall be given: P~ovrnen	Provis~--Drafts ex-	ceeding g5O.
ALWAYS, that no draft for any sum exceeding Fifty Pounds, or
L irafts in any one week together amounting to hsum exceeding the	sum of Two Hundred Pounds shall be drawn by the said Curator,
, or paid by the Bank, unless the same shall be' countersigned by

oe or the proper Officer of Court authorised in that behalf.

I a J u d g ,

XXVI. k m BE IT ENACTED, that all drafts drawn pursuant to Draftsdravnpu~uant

the directions of this Ordinance sl.ra.11 be sufficient authority to any be a suEcient autho. to this Ordinance to

Bank, in which there shall be suacient funds to the account of rity to the Bank to

the Curator of Intestate Estates, to pay the amount thereof to the Pay them*

persons mentioned in such drafts, or to the bearer of them, and

that the said Gurator observing the Rules and Regulations hereby prescribed, shall not be answerable for any money which the said

Curator shall have so paid inta such Bank, and that the Manager and Company of such Bank shall be answerable for all Moneys

which shall be actually received by them from the s a d Curator.

XXVII. AND BE IT ENACTED, that the Curator of Intestate Es- Curator 40 be paid by Comtn~ss~on.

tates shall take, retain, and receive as a rernuneratiou fbr his ser- vices, a Commission at the rate of 14'ive Pounds per centuni on

moneys collected.

XXVIII. AND BE IT ENACTKD, that the said Curator shall, at Curator to account as

such times, and in such form and manner, and to such person, as ver,lo,,.	required by the Go-
shall be fro:n time to time appointed by the Governor, furnish just and true accounts of all moneys received, retailled, ~ n d paid
bp him under and by virtue of this Ordinance.

XXLX, AND BE IT ENACTED, that this Ordinance shall corn- Commencement.

aence and take effect from and after the Passing thereof.

H. E. F. YOUNG,

Lieutenant-Governor.

W, L. O'HALLORAN,

Clerk of Council.

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ADELAIDE ; Printed by authorG, -~T'A. MUBRAT, Printer, Rundle-atreet.