Directory_and_Chronicle_1882 — Page 642

Directories & Chronicles 香港指南 All

IN CHINA AND JAPAN,

Proceedings on Death.

71

184. The Supreme Cout and every other Court shall endeavour Notice of death. to obtain, as early as may be, information of the death of every British su ject dying within the particular jurisdiction, and all such information respecting the affairs of the deceased as may serve to guide the Court with r spect 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 th reof 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 thinks fit.

185. Where it is shown to the satisfaction of the Supreme or Compulsory production other Court, t at any paper purporting to be testamentary is in the of testamentary paper, possession or under the control of any person, the Court may, in a

summary way, whether a suit or proceeding as to probate or administration is pending or not, order hin (Form 24) to produce and bring into Court such paper.

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 proceding 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 inte rogatories 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 Notice to executor to of any person claiming an interest under a will, give notice to the come in and prove. 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.

probate or administration

187. Probate (Form 13) or letters of administration with Will Time after death when annexed (Form 14) shall not is-ue until after the lapse of seven may be granted. days from the death of the deceased, except under the direction of the Judge of the Supreme Court, or in cas· of great urg ney.

Letters of administration (not with Will annexed) s all not issue (Form 15) until after the lase 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. Were probate or administration is, for the first time, Application after three applied for after the lay se of three years from the death of the years,

deceas d, a grant shall not he male except under the direction of

the Judge of the Supreme Court.

F

Court.

189. In any case a giant of probate or administration may be Grants by Supreme on made by the Supreme Court, wheresoever in Cina or Japan the request of Provincial deceased had at the time his dth 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

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