Directory_and_Chronicle_1885 — Page 707

Testamentary Papere to be deposited in Court.

Penalty

Property of latestaté until

10

ORDER IN COUNCIL.

Such a grant shall not be impeachable by reason only that the de- ceased had not at the time of his death his fixed place of alode within the particular jurisdiction.

58. Any person having in his possession or under his control any paper or writing of a deceased British subject, being or purporting to be testa- mentary, shall forthwith bring the original to the Court within the district whereof such person is at the time of his first knowledge of the death of the decessed, and deposit it there.

Any person neglecting to do so for fourteen days after having know- ledge of the death of the decreased shall be liable to such penalty, not excceding 250 dollars, as the Court thinks fit to impose.

59. From the death of a British subject, having at the time of death administration his fixed place of abode in China or Japan, intestate, until administration is granted, his personal property within China and Japan shall be vested in the Judge of the Supreme Court, as the personal property of an intestate in England is vested in the Judge of Her Majesty's Court of Probate there.

Penalty on alımini-teving

י

60. If any person, other than one of Her Matty's Consular Officers, without probate, takes possession of and in any manner administers any part of the personal property of any person deceased, without obtaining probate or administra- tion within three months after the death of the decrased, or within one month after the termination of any suit or dispute respecting probate or administration (if there is any such which is not ended within two months after the death of the deceased), he shall I liable to ruch penalty not ex- ceeding 500 dollars as the Court having jurisdiction in the metter of the property of the deceased thinks fit to impose; and in every such ease the Fame fees shall be marelle by the person so administering av would have been parable by him if he had obtained probate or administration,

Taking posses- si, a of property of doo

Carca for tria Wathjuy.

Provincial Convular Court,—care

by diseniors.

61. Where a British subject, not having at the time of death his fixed place of abode in China or Japan, dies there, the Court within whose dis- trict he dies shall, where the drcumstances of the case appear to the Court so to require, forthwith on the death of the deasazed, or as soon after as may be, take possession of his personal property within the particular jurisdiction, or put it under the seal of the Court (in either case, if the nature of the property or other circumstance so require, making an inven- tory) and so keep the property until it can be dealt with according to law,

Trial with a Jury.

'

62. Where a suit originally instituted in the Supreme Court relates to money, goods, or other property, or any matter at issue of the amount or value.of 1,500 dollars or upwards, or is brought for recovery of dam- ages of the amount of 1,500 dollars or upwards, the suit shall, on the demand of other party, be, under order of the Court, tried with a jury.

-

In any cases (except where, according to the Rules of the Court, the suit is to be heard and determined in summary way) a suit so instituted may be tried with a jury, if the Court of its own motion, or on the ap- plication of either party, thinks fit so to order.

One of Her Majesty's Principal Secretaries of State, may, by order wol: his hand, extend the present provision to any Provincial Court, where it appears to him there is a sufficient Jury list.

Trial with Assessors.

63. Where a suit instituted in a Provincial Court relates to money, goods, or other property of a less amount or value than 1,500 dollars,—or does not relate to or involve, directly or indirectly, a question respecting any matter at issue of the amount or value of 1,500 dollars or upwards,—or is brought for recovery of damages of a less amount than 1,500 dollars,- the Court may hear and determine the case without Assessors.