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the estate of a deceased person, the probate, letters or confirmation so granted may, on being produced to, and a copy thereof deposited with, the Supreme Court, be sealed with the seal of that Court, and thereupon shall be of the like force and effect and have the same operation as if granted by that Court.
(2) The Supreme Court may, also, if it thinks fit, on the application of any creditor, require before sealing that adequate security be given for the payment of debts due from the estate to creditors residing in China.
(3) For the purposes of this Article, a duplicate of any probate, letters of administration, or confirmation sealed with the seal of the Court granting the same, or a copy thereof certified as correct. by or under the authority of the Court granting the same, shall have the same effect as the original.
119.—(1) Where a British subject dies in China, or elsewhere, intestate, then, until administration is granted, his property in China shall be vested in the Judge of the Supreme Court.
(2) The Court within whose jurisdiction any property of the deceased is situate shall, where the circumstances of the case appear to the Court so to require, forthwith on his death, or as soon after as may be, take possession of his property within the particular jurisdiction, or put any such property 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 it until it can be dealt with according to law.
120. If any person named executor in a will takes possession of, and administers or otherwise deals with any part of the pro- perty of the deceased, and does not obtain probate within one month after the death or after the termination of any proceedings respecting probate or administration, he shall be liable to pay double the amount of any fees chargeable on obtaining probate, and he shall also be liable to a fine not exceeding £100.
121. If any person, other than the person named executor or an administrator or an officer of the Court, takes possession of and administers or otherwise deals with any part of the property of a deceased British subject, whether resident or not, he shall be deemed guilty of a contempt of Court, and shall be liable to a fine not exceeding £50.
122. Where a person appointed executor in a will survives, the testator, but either dies without having taken probate, or, having been called on by the Court to take probate, does not appear, his right in respect of the executorship wholly ceases; and without further renunciation the representation to the testator and the administration of his property shall go and may be committed as if that person had not been appointed executor.
123.-(1) Where a British subject dies in China, any other such subject having in his possession, or under his control, any paper or writing of the deceased, being or purporting to be testa- mentary, shall forthwith bring the original to tho Court within
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whose particular jurisdiction the death happens, and deposit it there.
If any person fails to do so for fourteen days after having knowledge of the death of the deceased, he shall be guilty of an offence and liable to a fine not exceeding £50.
(2) Where it is proved that any paper of the deceased, being or purporting to be testamentary, is in the possession or under the control of a British subject, the Court may, whether a suit or proceeding respecting probate or administration is pending or not, order him to produce the paper and bring it into Court.
(3) Where it appears to the Court that there are reasonable grounds for believing that any person has knowledge of any paper being, or purporting to be, testamentary (although it is not shown that the paper is in his possession or under his control) the Court may, whether a suit or proceeding for probate or administration is pending or not, order that he be examined respecting it before the Court or elsewhere, and that he do attend for that purpose, and after examination order that he do produce the paper and deposit it in Court.
124. Where it appears to the Court that the value of the property or estate of a deceased person does not exceed £100, the Court may, without any probate or letters of administration, or other formal proceeding, pay thereout any debts or charges, and pay, remit, or deliver any surplus to such persons, subject to such conditions (if any) as the Court thinks proper, and shall not be liable to any action, suit, or proceedings in respect of anything done under this Article. Provided that a Provincial Court shall not exercise the powers of this Article except with the approval of the Supreme Court. Every proceeding of the Court under this Article shall be recorded in the Minutes.
Distress for Rent.
125. Any person desirous of levying a distress for rent may apply to the Court to appoint a bailiff to levy such distress, and the Court may thereupon, and upon the applicant giving sufficient security to answer for any misconduct on the part of such bailiff, appoint a person to act as bailiff to levy such distress.
Appeals and Rehearings.
126.-(1) Where an action in a Provincial Court involves the amount or value of £25 or upwards, any party aggrieved by any decision of that Court, with or without assessors, in the action shall have the right to appeal to the Full Court against the game, on such terms and conditions as may be prescribed by Rules of Court.
(2) In any other case, the Provincial Court may, if it seems just and expedient, give leave to appeal on like terms.
(3) In any case the Full Court may give leave to appeal on such terms as seem just.
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