CO129-529-5 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 70

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

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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, if it thinks fit, on the applica- tion of any creditor, require before sealing that adequate security be given for the payment of debts due from the estate to creditors residing in Egypt.

109. (1) Each Consular Officer shall endeavour to obtain, as early as may be, notice of the death of every British subject, whether resident or not, dying within his jurisdiction, and all such information respecting his affairs as may serve to guide the Court with respect to the securing and administration of his property.

(2) On receiving notice of the death the Consular Officer shall put up a notice thereof at the Court-house, and shall keep the same there until probate or letters of administration are granted, or, where it appears to him that probate or letters of administra- tion will not be applied for or cannot be granted, for such time as he thinks fit.

110. (1) Where a British subject dies in Egypt or elsewhere intestate, then, until administration is granted, his personal pro- perty in Egypt shall vest in the Judge of the Supreme Court.

(2) In any case where it appears to the Court within whose jurisdiction any property of a deceased is situated that the cir- cumstances of the case so require, the Court shall, as soon as possible after his death, take possession of such property within its jurisdiction, or put any such property under the seal of the Court and shall, if the nature of the property or other circum- stances so require, direct an inventory of any such property to be made and shall keep such property in its possession or under its seal until such property can be dealt with according to law.

111. 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 proceed- ings 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 one hundred pounds.

112. If any person, other than an executor or an adminis- trator or an officer of the Court, takes possession of and administers or otherwise deals with any part of the personal 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 fifty pounds.

113. Where a person appointed executor in a will survives the testator, but either dies without having taken probate or,

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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.

114.—(1) Where a British subject dies in Egypt, any other person subject to this Order having in his possession, or under his control, any paper or writing of the deceased, being, or pur- porting to be, testamentary, shall forthwith bring the original to the Court within whose jurisdiction the death happens and deposit it there.

If any such 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 fifty pounds.

(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 pro- bate 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.

115. Where it appears to the Court that the value of the property or estate of a deceased person does not exceed one hundred pounds, 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 no Judge or officer of the Court shall be liable to any action, suit, or proceedings in respect of anything done under this Article. Every proceeding of the Court under this Article shall be recorded in the Minutes, as if the matter were a civil action.

116. Section 51 of the Conveyancing (Scotland) Act, 1874(a) is hereby extended to Egypt, with the adaptation following, namely:---

The Supreme Court is hereby substituted for a Court of Probate in a Colony.

(a) 37-8 V. c. 94.

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