H. B. M. SUBJECTS IN CHINA AND JAPAN.
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until administration,
59. From the death of a British subject, having at the time of Property of intestate death his fixed place of abode in China or Japan, intestate, until administration is granted, his personal property within China and Japan shall be vested in the Judge of the Supreme Court, as the personal property of an intestate in England is vested in the Judge of Her Majesty's Court of Probate there.
without probate.
60. If any person, other than one of Her Majesty's Consular Penalty on administering Officers, takes possession of and in any manner administers any part of the personal property of any person deceased, without obtaining probate or administration within three months after the death of the deceased, or within one month after the termination of any suit or dispute respecting probate or administration (if there is any such which is not ended within two months after the death of the deceased), he shall be liable to such penalty not exceeding 500 dollars as the Court having jurisdiction in the matter of the property of the deceased thinks fit to impose; and in every such case the same fees shall be payable by the person so administering as would have been payable by him if he had obtained probate or administration.
61. Where a British subject, not having at the time of death his Taking possession of fixed place of abode in China or Japan, dies there the Court within property of deceased. whose district he dies shall, where the circumstances of the case appear to the Court so to require, forthwith on the death of the deceased, or as soon after as may be, take possession of his personal property within the particular jurisdiction, or put it under the seal of the Court (in either case, if the nature of the property or other circumstance so require, making an inventory) and so keep the property until it can be dealt with according to law.
Trial with a Jury.
62. Where a suit originally instituted in the Supreme Court Cases for trial with jury. relates to money, goods, or other property, or any matter at issue of the amount or value of 1,500 dollars of upwards, or is brought for recovery of damages of the amount of 1,500 dollars or upwards,—the suit shall, on the demand of either party, be, under order of the Court, tried with a Jury.
In any case except where according to the Rules of the Court, the suit is to be heard and determined in summary way) a suit so instituted may be tried with a jury, if the Court of its own motion or on the application of either party, thinks fit so to order.
One of Her Majesty's Principal Secretaries of State may, by order under his hand, extend the present provision to any Provincial Court, where it appears to him there is a sufficient Jury list.
Trial with Assessors.
63. Where a suit instituted in a Provincial Court relates to Provincial Consular
Court,-cases for money, goods, or other property of a less amount or value than 1,500 ou dollars, or does not relate to or involve, directly or indirectly, a question respecting any matter at issue of the amount or value of 1,500 dollars or upwards,-or is brought for recovery damages of a less amount than 1,500 dollars,-the Court may hear and determine the case without Assessors.
In all other cases the Court (subject to the provisions of this Order respecting inability to obtain an Assessor) shall hear and determine the case with Assessors.
III.-In Criminal Matters.
64. Every Court may cause to be apprehended and brought Power of apprehension before it any British subject being within the district of the Court and over British subjecta. charged with having committed a crime or offence in China or in