Publisher's Synopsis
Excerpt from Administration Practice in India: Including a History of the Office of Administrator-General of Bengal and a Collection of Forms in Usage Under the Administrator-General's Act, the Succession Act, Etc;, In Administering Estates of Deceased Persons in India
XXI of the Act which reads as follows And whereas great inconveniences have arisen from the practice of granting Letters of Administration by the said Supreme Court of Judicature at Fort William aforesaid in cases where the next of kin or any of the creditors of the deceased do not apply for the same, to persons calling themselves friends of the deceased, be it therefore further enacted that from and after the first day of March which will be in the year of our Lord one thousand eight hundred and one, whenever any British subject shall die intestate within either of the presidencies of Fort William, Fort Saint George or Bombay, or the territories subordinate to either of. The said presidencies or to become subordinate thereto and on return of the citation to be issued from the proper Ecclesiastical Court, no next of. Kin or creditors shall appear and make out their claim to the administration of the effects of the intestate deceased to the satisfaction of the said Court, it shall and may be lawful for the Registrar of such Court, and he is hereby required and directed to grant such letters of administration ad colligenda as to such Court shall seem meet, by virtue whereof such Registrar shall collect the assets of the deceased and shall bring them for safe custody into such Court and account for them regularly in like manner as is now by law provided in cases where assets are vested in the hands of any officer of the Court under or by virtue of the equitable jurisdiction of any such Court.
It was not long before it became necessary to further develop the law on the subject. To this end Stat. 55, Geo. III, Cap. 84, was enacted which after reciting the Act referred-to in the previous para. And reciting that such Act did not expressly provide for the cases of executors, or administrators, or persons entitled as thereinafter mentioned, not resident within the jurisdiction who might have appointed attorneys and that it was doubtful whether the Courts were not required under the previous Statute to grant letters ad colligenda, or ordinary Letters of Administration, to their Registrars in preference to granting them to the Attorneys of persons entitled to such grants, it was enacted if. Thepersons so entitled had granted powers-of-attorney, the attorney appointed thereby would have a preferential right to the Registrar.
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