Directory_and_Chronicle_1868 — Page 293

1

Coroner.

Admiralty,

Lunacy.

Istrimonial Causes.

Probate and Administration.

Testamentary papers to be deposited in Court,

Penalty.

10

ORDER IN COUNCIL.

County Courts in England, or to any other judicial authority having for the time being jurisdiction in Bankruptcy in England.

53. The Supreme and every other Court shall (as to a Provincial Court, for and within its own district) have and discharge all the powers rights, and duties appertaining to the office of Coroner in England, summoning when necessary a jury of not less than three persons com- prised 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 belongs 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 mana- gement 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 commitment 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 exclu- sively, 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 subjects having at the time of death their fixed places of abode in China or Japan, all such jurisdictions 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 respecting 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 adminis- trator thereunder, and that, notwithstanding any defect afterwards appears in the grant.

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 control 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.

Page 293 Page 293

Page 293 Page 293

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