Directory_and_Chronicle_1868 — Page 348

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IN CHINA AND JAPAN.

65

entertained by the Supreme Court, except on the request of the Provincial Court.

190. Where any dispute or question arises in relation to the grant In disputed or doubtful or the application for it,-or it appears to the Provincial Court doubtful canes, directions of

Supreme to Provincial whether or not the grant should be made,-the Provincial Court shall Court. communicate with the Judge of the Supreme Court, who shall either direct the Provincial Court to proceed in the matter according to such instructions as the Judge thinks fit, or may direct that no further proceeding be taken in the matter by the Provincial Court, but that any party concerned may apply for a grant to the Supreme Court itself.

jurisdiction of

191. The Provincial Court, before proceeding in the matter of Exidence to found any application, shall take care to ascertain that the deceased had at the Provincial Court, time of his death his fixed place of abode in the district of the Court, and shall not for this purpose consider itself bound to rest satisfied with such evidence as is offered by the person applying for the grant.

192. The Court shall, where it deems it necessary, require proof, Identity.

in addition to the oath of the executor or administrator, of the identity

of the deceased or of the party applying for the grant.

193. The Court shall take care to ascertain the value of the Value of property. property of the deceased as correctly as circumstances admit.

Court's inquiries

194. In no case shall the Court allow probate or letters of Satisfactory answers to administration to issue until all inquiries which it sees fit to institute before grant. have been answered to its satisfaction.

The Court shall, however, afford as great facility for the obtaining of probate or administration as is consistent with due regard to the prevention of error and fraud.

Supreme Court alone

195. In the following cases of probate or administration, a grant Cases in which Judge of shall not issue except from the Supreme Court under the immediate may make grant. direction of the Judge, namely :—

Probate, or administration with will annexed, where the will was executed before the 1st day of January 1838, and there is no testamentary paper of a later date than the 31st day of December, 1837:

Probate, or administration with will annexed, the will being simply an execution of a special power, or being the will of a married woman made by virtue of a power:-

Administration for the use or benefit of a minor or infant, or a

lunatic or person of unsound mind:

Administration (with or without will annexed) of the property of a bastard dying a bachelor or spinster, or dying a widower or widow without issue, or of a person dying without known relative :

Limited administration:

Administration to be granted to a person not resident within

China or Japan.

of grant.

196. Revocation or alteration of a grant of probate or administra- Revocation or alteration tion shall not be made except by the Supreme Court under the immediate direction of the Judge.

197. A notice to prohibit a grant of probate or administration Notice to prohibit (Form 28.) may be filed in the Supreme Court, or in any Provincial grant.

Court.

Immediately on such a notice being filed in the Supreme Court, a copy

thereof shall be sent to the Court of the district (if any) in which it is alleged the decensed had at the time of his death his fixed place of

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