Directory_and_Chronicle_1870 — Page 328

Page 328 Page 328

IN CHINA AND JAPAN.

37

a

12. Where either on the application for a summons or before, Power of Court to direct or at the hearing thereof, it appears to the Court (for reasons to be petition. recorded in the minutes of proceedings) that the nature and circumstances of the case render it unjust or inexpedient to hear and determine the claim in a summary way, the Court may direct proceedings to be taken and carried on by petition, as in suits for sums of 100 dollars and upwards.

III-SUMMARY PROCEDURE FOR ADMINISTRATION OF

PROPERTY OF DECEASED PERSONS,

13. Any person claiming to be a creditor or a legatee, or the In what cases, next of kin, or one of the next of kin, of a deceased person, may apply for and obtain, as of course, without petition filed or other preliminary proceeding, a summons from the Court (Form 3.) requiring the executor or administrator (as the case may be) of the deceased to attend before the Court, and show cause why an order for the administration of the property of the deceased should not be made.

14. On proof of due service of the summons, or on the Order. appearance of the executor or administrator in person, or by counsel or attorney, and on proof of such other things (if any) as the Court requires, the Court may, if in its discretion it thinks fit so to do, make an immediate order for the administration of the property of the deceased; and the order so made shall have the force of a decree to the like effect made on the hearing of a cause between the same parties.

The Court shall have full discretionary power to make or refuse such order, or to give any special directions respecting the carriage or execution of it, and in the case of applications for such an order by two or more different persons or classes of persons, to grant the same to such one or more of the claimants or classes of claimants as the Court thinks fit.

If the Court thinks fit the carriage of the order may subsequently be given to such person and on such terms as the Court directs.

15. On making such an order, or at any time afterwards, the Custody of property. Court may, if it thinks fit, make any such further or other order as seems expedient for compelling the executor or administrator to bring into Court, for safe custody, all or any part of the money, or securities, or other property of the deceased, from time to time. coming to the hands of the executor or administrator, or such other order as seems expedient for the safe keeping of the property of the deceased, or any part thereof, until it can be duly administered under the direction of the Court for the benefit of all persons interested.

16. If the extreme urgency or other peculiar circumstances of Proceedings ez-officio. any case appear to the Court so to require, the Court may issue such a summons and make such an order or such orders as aforesaid, and may cause proper proceedings to be taken thereon, of its own motion ex-officio, or on the information of any officer of the Court, and without any such application by a creditor or legatee, the next of kin, or one of the next of kin, as is before mentioned.

17. The reasons of the Court for making any order under the Minute of reasons. present provisions shall be recorded in the minutes of proceedings. IV. SUMMARY PROCEDURE ON BILLS OF EXCHANGE AND PROMISSORY NOTES.

18. Suits on bills of exchange or promissory notes, instituted In what cases. within six months after the same beconie due and payable, may be

Page 328 Page 328

Page 328 Page 328

Digitized by

Google