Directory_and_Chronicle_1868 — Page 352

IN CHINA AND JAPAN.

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209. The foregoing rules respecting wills apply equally to codicils. Codicils. 210. Every will or copy of a will or other testamentary paper to Marking of will or copy which an executor or an administrator with will annexed is sworn shall be marked by such executor or administrator and by the person

before whom he is sworn.

sworn to.

211. The officer shall take care that the copies of wills to be Writing of copies annexed to probates or letters of administration are fairly and properly written, and to reject those which are not so.

III.--Administration.

with will annexed."

212. The duties of the proper officer in granting administration Administration not (not with will annexed) are in many respects the same as in cases of probate.

He shall ascertain the time and place of the deceased's death, and the value of the property to be covered by the administration.

proving, or not

213. Where an executor appointed in a will survives the testator Executor dying without: but either dies without having taken probate or being summoned or appearing. called on by the Court to take probate does not appear, his right in respect of the executorship wholly ceases, and the representation to the testator and the administration of his effects without further renuncia- tion go, devolve, and may be committed in like manner as if he had not been appointed executor.

214. Where administration is applied for by one or some of the Notice to next of kin. next of kin only, there being another or other next of kin equally

entitled thereto, the proper officer shall require proof by affidavit that

notice of the application has been given to the other next of kin.

215. Every person to whom administration is granted shall give Administration bond. bond (Forms 18., 19.) with two or more responsible British subjects as sureties, to the Judge of the Supreme Court, to enure in favour of the Judge for the time being, conditioned for duly collecting, getting in, and administering the personal estate of the deceased.

Where, however, the property is under the value of 250 dollars one such surety only need be taken.

The bond shall be in a penalty of double the amount under which the personal estate of the deceased is sworn, unless the proper officer in any case thinks it expedient to reduce the amount, for reasons to be forthwith certified by him to the Judge of the Supreme Court.

officer may

The proper

also in any case direct that more bonds than one shall be given, so as to limit the liability of any surety to

'such amount as the officer thinks reasonable.

216. The Judge of the Supreme Court may, on application, in Assignment of and suc- a summary way, and on being satisfied that the condition of any ad- on bond. ministration bond has been broken, assign the same to some person, who shall thereupon be entitled to sue on the bond in his own name, as if the same had been originally given to him instead of to the Judge of the Supreme Court, and shall be entitled to recover thereon, as trustee for all persons interested, the full amount recoverable in respect of any breach of the condition of the bond.

X. ARBITRATION.

217. The following rules respecting arbitration apply exclusively In what cases these · to cases where the agreement for reference to arbitration or submission

to arbitration by consent is made a rule of Court.

218. Arbitrators shall make their award within one calendar month Time for award. after they have entered on the reference or been called on to act by a notice in writing from any party, unless the document authorizing or making the reference contains a different limit of time.

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