Directory_and_Chronicle_1868 — Page 347

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Fotice of death,

Compulsory production

64

RULES OF SUPREME COURT

Proceedings on Death.

184. The Supreme Court and every other Court shall endeavour to obtain, as early as may be, information of the death of every British subject dying within the particular jurisdiction, and all such information respecting the affairs of the deceased as may serve to guide the Court with respect to the securing and administration of his property.

On receiving information of the death of a British subject the Court shall put up a notice thereof at the place where its sittings are ordinarily held, and shall keep the same there until probate or administration is granted, or where it appears to the Court that probate or administration will not be applied for, or cannot be granted, for such time as the Court tb uks fit.

185. Where it is shown to the satisfaction of the Supreme or of testamentary papers. other Court, that any paper purporting to be testamentary is in the possession or under the control of any person, the Court may, in a summary way, whether a suit or proceeding as to probate or administra- tion is pending or not, order him (Form 24.) to produce and bring into Court such paper.

Notice to executors to come in and prove.

Time after death when

Where it appears to the Supreme or other Court that there are reasonable grounds for believing that any person has knowledge of any paper purporting to be testamentary, (although it is not shown to the satisfaction of the Court that the paper is in his possession or under his control), the Court may, in a summary way,-whether a suit or proceeding for probate or administration is pending or not,-order him to attend for the purpose of being examined respecting the same in open Court or on interrogatories, and after examination to produce the paper and bring it into Court.

Any person failing to attend or to be examined, or to produce and bring in the paper accordingly, shall be liable to the same consequences as he would be liable to if he were a party to a suit in the Court, and had made like default.

186. The Court may of its own motion, or on the application of any person claiming an interest under a will, give notice to the executor or executors (if any) therein named, to come in and prove the will or to renounce probate; and the executors or executor so named, or some or one of them, must within fourteen days after notice come in and prove or renounce accordingly.

I-Probate or Administration in General.

187. Probate (Form 13.) or letters of administration with Will annexed (Form 14.) shall not issue until after the lapse of seven days probateoradministration from the death of the deceased, except under the direction of the Judge may be granted.

of the Supreme Court or in case of great urgency.

Application after three years.

Grants by Supreme on request of Provincial 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.

189. In any case a grant of probate or administration may be made by the Supreme Court, wheresoever in China or Japan 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 application for the grant shall not be

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