DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0143
A.D. 1841.]
ACT XIX.
133
reasonable, but in no case exceeding* five per centum on the personal pro-
perty and on the annual protits of the real property. All surplus moneys
realized by the curator shall be paid into court, and invested in public
securities for the benefit of the persons entitled thereto upon adjudication
of the summary suit. Provided always, that although security shall be
required from the curator with all reasonable despatch, and, where it is
practicable, shall be taken generally to answer all cases for which the
person may be afterwards appointed curator, yet no delay in the taking of
security shall prevent the judge from immediately investing the curator
with the powers of his office.
VIII. And it is hereby enacted, that where the estate of the deceased
person shall consist wholiy or in part of land paying revenue to Govern-
ment, in all matters regarding the propriety of citing the party in posses-
sion, of appointing a curator, and of nominating individuals to that
appointment, the judge shall demand a report from the collector, and the
collector is hereby required to furnish the same. In cases of urgency, the
judge may proceed, in the first instance, without such report, and he shall
not be obliged to act in conformity thereto ; but, in case of his acting-
otherwise than according to such report, he shall immediately forward a
statement of his reasons to the Court of Sudder Dewanny Adawlut, and
the Court of Sudder Dewanny Adawlut, if they shall be dissatisfied with
such reasons, shall direct the judge to proceed conformably to the report
of the collector.
IX. And it is hereby enacted, that the curator shall be subject to all
orders of the judge regarding the institution or the defence of suits, and
that all suits may be instituted or defended in the name of the curator on
behalf of the estate. Provided, that an express authority shall be requisite
in the sunnud of the curator's appointment for the collection of debts or
rents; but such express authority shall enable the curator to give a full
acquittance for any sums of money received by virtue thereof.
X. And it is hereby enacted, that, pending the custody of the property
by the curator, it shall be lawful for the judge to make such allowances to
parties having a prirna facie right thereto as, upon a summary investigation
of the rights and circumstances of the parties interested, he shall consider
that necessity may require, taking, at his discretion, security for the
repayment thereof, with interest, in case the party shall, upon the adjudi-
cation of the summary suit, appear not to be entitled thereto.
XI. And it is hereby enacted, that the curator shall file monthly
accounts in abstract, and at the period of every three months, if his
administration last so long, and upon giving up the possession of the
property, file a detailed account of his administration, to the satisfaction
of the judge.
XII. And it is hereby enacted, that the accounts of any such curator
as is above described shall be open to the inspection of all parties inter-
ested ; and it shall be competent for any such interested party to appoint
a separate person to keep a duplicate account of all receipts and payments
In cases of land, what
communication the
judge shall hold with
the collector.
duct suits on behalf of
estate.
Curator to render
monthly and quarterly
accounts.
ACT XIX.
133
reasonable, but in no case exceeding* five per centum on the personal pro-
perty and on the annual protits of the real property. All surplus moneys
realized by the curator shall be paid into court, and invested in public
securities for the benefit of the persons entitled thereto upon adjudication
of the summary suit. Provided always, that although security shall be
required from the curator with all reasonable despatch, and, where it is
practicable, shall be taken generally to answer all cases for which the
person may be afterwards appointed curator, yet no delay in the taking of
security shall prevent the judge from immediately investing the curator
with the powers of his office.
VIII. And it is hereby enacted, that where the estate of the deceased
person shall consist wholiy or in part of land paying revenue to Govern-
ment, in all matters regarding the propriety of citing the party in posses-
sion, of appointing a curator, and of nominating individuals to that
appointment, the judge shall demand a report from the collector, and the
collector is hereby required to furnish the same. In cases of urgency, the
judge may proceed, in the first instance, without such report, and he shall
not be obliged to act in conformity thereto ; but, in case of his acting-
otherwise than according to such report, he shall immediately forward a
statement of his reasons to the Court of Sudder Dewanny Adawlut, and
the Court of Sudder Dewanny Adawlut, if they shall be dissatisfied with
such reasons, shall direct the judge to proceed conformably to the report
of the collector.
IX. And it is hereby enacted, that the curator shall be subject to all
orders of the judge regarding the institution or the defence of suits, and
that all suits may be instituted or defended in the name of the curator on
behalf of the estate. Provided, that an express authority shall be requisite
in the sunnud of the curator's appointment for the collection of debts or
rents; but such express authority shall enable the curator to give a full
acquittance for any sums of money received by virtue thereof.
X. And it is hereby enacted, that, pending the custody of the property
by the curator, it shall be lawful for the judge to make such allowances to
parties having a prirna facie right thereto as, upon a summary investigation
of the rights and circumstances of the parties interested, he shall consider
that necessity may require, taking, at his discretion, security for the
repayment thereof, with interest, in case the party shall, upon the adjudi-
cation of the summary suit, appear not to be entitled thereto.
XI. And it is hereby enacted, that the curator shall file monthly
accounts in abstract, and at the period of every three months, if his
administration last so long, and upon giving up the possession of the
property, file a detailed account of his administration, to the satisfaction
of the judge.
XII. And it is hereby enacted, that the accounts of any such curator
as is above described shall be open to the inspection of all parties inter-
ested ; and it shall be competent for any such interested party to appoint
a separate person to keep a duplicate account of all receipts and payments
In cases of land, what
communication the
judge shall hold with
the collector.
duct suits on behalf of
estate.
Curator to render
monthly and quarterly
accounts.