CO129-109 - Public Offices - 1865 — Page 124

probate or

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days from the death of the deceased, except under the direction administration of the Judge of the Supreme Court or in case of great urgency. may be granted.

Application after three years.

vincial Court.

Letters of administration (not with will annexed) shall not issue (Form 15.) until after the lapse of fourteen days from the death of the deceased, except under the direction of the Judge of the Supreme Court or in case of great urgency.

188. Where probate or administration is, for the first time, applied for after the lapse of three years from the death of the deceased, a grant shall not be made except under the direction of the Judge of the Supreme Court.

Grants by 189. In any case a grant of probate or administration may Supreme on be made by the Supreme Court, wheresoever in China or Japan request of Pro- the deceased had at the time of his death his place of abode; but where the deceased had at the time of his death his fixed place of abode in the district of a Provincial Court, the applica- tion for the grant shall not be entertained by the Supreme Court, except on the request of the Provincial Court.

In disputed or doubtful cases, directions of Supreme to Provincial

Court.

Evidence

190. Where any dispute or question arises in relation to the grant or the application for it, or it appears to the Provincial Court doubtful whether or not the grant should be made,-the Provincial Court shall communicate with the Judge of the Supreme Court, who shall either direct the Provincial Court to proceed in the matter according to such instructions as the Judge thinks fit, or may direct that no further proceeding be taken in the matter by the Provincial Court, but that any party concerned may apply for a grant to the Supreme Court itself.

191. The Provincial Court, before proceeding in the matter to found

of any application, shall take care to ascertain that the deceased jurisdiction of

Provincial had at the time of his death his fixed place of abode in the dis- Court.

trict of the Court, and shall not for this purpose consider itself bound to rest satisfied with such evidence as is offered by the person applying for the grant.

Identity.

Value of property.

Satisfactory

192. The Court shall, where it deems it necessary, require proof, in addition to the oath of the executor or administrator, of the identity of the deceased or of the party applying for the grant:

193. The Court shall take care to ascertain the value of the property of the deceased as correctly as circumstances admit.

194. In no case shall the Court allow probate or letters of. auswers to Court's

administration to issue until all inquiries which it sees fit to inquiries before institute have been answered to its satisfaction. grant.

The Court shall, however, afford as great facility for the

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obtaining of probate or administration as is consistent with due regard to the prevention of error and fraud.

195. In the following cases of probate or administration, a Cases in which grant shall not issue except from the Supreme Court under the Judge of immediate direction of the Judge, namely:---

Supreme Court alone may make grant.

Probate, or administration with will annexed, where the will was executed before the 1st day of January 1838, and there is no testamentary paper of a later date than the 31st day of December 1837:

Probate, or administration with will annexed, the will being simply an execution of a special power, or being the will of a married woman inade by virtue of a power:

Administration for the use or benefit of a minor or infant,

or a lunatic or person of unsound mind: Administration (with or without will annexed) of the pro- perty of a bastard dying a bachelor or spinster, or dying a widower or widow without issue, or of a person dying without known relative:

Limited administration:

Administration to be granted to a person not resident

within China or Japan.

196. Revocation or alteration of a grant of probate or admini- Revocation or stration shall not be made except by the Supreme Court under alteration of the mmediate direction of the Judge.

grant.

197. A notice to prohibit a grant of probate or administra- Notice to tion (Form 28.) may be filed in the Supreme Court, or in any prohibit grant, Provincial Court.

Immediately on such a notice being filed in the Supreme Court, a copy thereof shall be sent to the Court of the district (if any) in which it is alleged the deceased had at the time of his death his fixed place of abode, and to any other Court to which it appears to the Judge of the Supreme Court expe- dient to send a copy.

Immediately on such a notice being filed in a Provincial Court, the Court shall send a copy thereof to the Supreme Court, and also to the Court of any other district in which it is known or alleged the deceased had at the time of his death a place of abode,

Such a notice shall remain in force for three months only from the day of filing; but it may be renewed from time to time. Any such notice shall not affect any grant made on the day on which the notice is filed, or on which a copy of the notice is received, as the case may be.

The person filing such a notice shall be warned by a warning in writing, under the seal of the Court (Form 29.), being delivered at the place mentioned in the notice as the address of the person filing the notice.

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