CO129-529-5 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 69

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Egypt (b) In section 8 the word

words England and Wales."

shall be read for the

(c) the Supreme Court shall have for and within Egypt in relation to British subjects the like jurisdiction as belongs to the High Court and County Courts in England;

(d) the provisions of Section 1 (4) and the schedule to the

Act shall not apply in Egypt.

103. In the application of the Adoption of Children Act, 1926, (a) by the Court in the exercise of its civil jurisdiction on the principles of and in conformity with English law for the time being-

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in

(a) in Sub-section 5 of Section 2 for the words in England or Wales shall be substituted the words Egypt";

(b) the Court having jurisdiction to make adoption orders

shall be the Supreme Court;

(c) the Court shall cause to be sent to the Registrar-General for England and Wales a copy of all adoption orders made in Egypt for entry in the proper register main- tained by him.

Lunacy.

104. (1) The Supreme Court shall, so far as circumstances admit, have, for and within Egypt, in relation to British sub- jects, all such jurisdiction relative to the custody and manage- ment of the persons and estates of lunatics as for the time being belongs to the Lord Chancellor or other Judge or Judges in England intrusted by virtue of His Majesty's sign manual with the care and commitment of the custody of the persons and estates of lunatics, and also such jurisdiction as may be exercised in England by a judicial authority under the provisions of the Lunacy Act, 1890.(b)

(2) A Provincial Court shall, so far as circumstances admit, have, in relation to British subjects, such jurisdiction relative to the custody and management of the persons and estates of lunatics as for the time being may be prescribed by Rules of Court, and until such Rules are made, and so far as such Rules do not apply, as may be exercised in England by a judicial authority and by the Masters in Lunacy under the provisions of the Lunacy Act, 1890.

(3) In any such case the Provincial Court may, of its own motion, or on the application of any person interested, take or authorize such steps as to the Court may seem necessary or expedient for the immediate protection of the person and pro- perty of any person appearing to the Court to be a lunatic, and may, from time to time, revoke, or vary, or supplement any order or proceeding taken in the matter.

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(4) Subject to the provisions of this Article, and to any Rules of Court, a Provincial Court shall not proceed in any such matter except under and according to the directions of the Supreme Court.

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105. Sections 5 to 7 of the Lunatics' Removal (India) Act, 1851, (a) shall apply to Egypt, with the substitution of Egypt" for India and of the Supreme Court " for "the Supreme Court of Judicature at any of the presidencies of India.' Provided that the Judge of the Supreme Court may, if circumstances render it necessary in any particular case, direct that a Provincial Court shall exercise the jurisdiction of the Supreme Court hereunder.

Probate and Administration.

106. A British subject may in his lifetime deposit for safe custody, in the Court, his own will, sealed up under his own seal and the seal of the Court.

107.—(1) The Supreme Court shall, so far as circumstances admit, have, for and within the limits of this Order, with respect to the wills and the property in Egypt of deceased British sub- jects, all such jurisdiction as for the time being belongs to the High Court in England.

(2) A Provincial Court shall have power to grant probate or letters of administration where there is no contention respecting the right to the grant, and it is proved that the deceased was resident at his death within its jurisdiction.

(3) Probate or letters of administration granted by a Court under this Order shall have effect over all the property of the deceased within Egypt, and shall effectually discharge persons dealing with an executor or administrator thereunder, notwith- standing that any defect afterwards appears in the grant.

(4) Notwithstanding anything in this Order, the Court shall not exercise the jurisdiction conferred by this Article in any case where the deceased, though a protected person, was at the time of his death an Egyptian subject, and in the construction of the provisions of this Order relating to probate and adminis- tration the expression "British subject" shall not include any such protected person.

108.(1) Where a Court of Probate in the United Kingdom or in any part of His Majesty's dominions to which the Colonial Probates Act, 1892, (b) for the time being extends has granted probate or letters of administration or confirmation in respect of the estate of a deceased person, the probate, letters of adminis- tration, or confirmation so granted, or a copy thereof certified as correct by or under the authority of the Court granting the same, may, on being produced to, and a copy thereof deposited with,

(a) 14-5 V. c. 81.

(b) 55-6 V. c. 6.

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(a) 16-7 G. 5. c. 29.

(b) 52-3 V. c. 5.

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