CO129-108 - Public Offices - 1865 — Page 130

SSI

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Coroner in England,- summoning when necessary a jury of not less than three persons comprised in the Jury List of the Court. Any person failing to attend according to such summons shall be liable to the like fine, to be levied in the like manner, as in this Order provided with reference to juries in civil and criminal proceedings.

54. The Supreme Court shall be a Vice-Admiralty Court, and as such shall, for and within China and Japan, and for vessels and persons coming to and within China or Japan, have all such jurisdiction as for the time being ordinarily be- longs to Vice-Admiralty Courts in Her Majesty's possessions abroad.

55. The Supreme Court shall, as far as circumstances admit, have in itself exclusively, for and within China and Japan, with respect to British subjects, all such jurisdiction relative to the custody and management of the persons and estates of persons of unsound mind as for the time being belongs to the Lord Chancellor or other person or persons in England intrusted by virtue of Her Majesty's sign manual with the care and com- mitment of the custody of the persons and estates of persons found by inquisition in England, idiot, lunatic, or of unsound

mind.

56. The Supreme Court shall be a Court for Matrimonial Causes, and as such shall, as far as circumstances admit, have in itself exclusively, for and within China and Japan, with respect to British subjects, all such jurisdiction, except the jurisdiction relative to dissolution or nullity or jactitation of marriage, as for the time being belongs to the Court for Divorce and Matrimonial Causes in England."

57. The Supreme Court shall be a Court of Probate, and as such shall, as far as circumstances admit, have, for and within China and Japan, with respect to the property of British sub- jects having at the time of death their fixed places of abode in China or Japan, all such jurisdiction as for the time being belongs to Her Majesty's Court of Probate in England.

A Provincial Court shall, however, also have power to grant probate or administration where there is no contention respect- ing the right to the grant, and it is proved on oath that the deceased had at the time of his death his fixed place of abode within the jurisdiction of the Provincial Court.

Probate or administration granted by a Provincial Court shall have effect over all the property of the deceased within China and Japan, and shall effectually discharge persons dealing with an executor or administrator thereunder, and that, notwith-

standing any defect afterwards appears in the grant.

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Such a grant shall not be impeachable by reason only that the deceased had not at the time of his death his fixed place of abode within the particular jurisdiction.

58. Any person having in his possession or under his con- trol any paper or writing of a deceased British subject being or purporting to be testamentary, shall forthwith bring the original to the Court within the district whereof such person is at the time of his first knowledge of the death of the deceased, and deposit it there.

Any person neglecting to do so for fourteen days after having knowledge of the death of the deceased, shall be liable to such penalty, not exceeding 250 dollars, as the Court thinks fit to impose.

59. From the death of a British subject, having at the time of death his fixed place of abode in China or Japan, intes- tate, until administration 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.

60. If any person, other than one of Her Majesty's Consular 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 ter- mination of any suit or dispute respecting probate or adminis- tration (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 fixed place of abode in China or Japan, dies there, the Court within whose district he dies shall, where the circum- stances 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 juris- diction, or put it under the seal of the Court (in either case, if the nature of the property or other circumstances so require, making an inventory), and so keep the property until it can be dealt with according to law.

Treasury