Directory_and_Chronicle_1890 — Page 40

Testamentary papers to be deposited in Court.

Penalty.

Property of intestate until administration,

Penalty on administering without probate.

Taking posses-

of

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 abode 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 deceased, and deposit it there.

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

59. From the death of a British subject, having at the time of death 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.

60. If any person, other than one of Her Majesty's Consular Officers, 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 deceased, 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 deceased), he shall be liable to such penalty not ex- ceeding 500 dollars as the Courts having jurisdiction in the matter of the property of the deceased thinks fit to impose; and in every such case the same fees shall be payable by the person so administering as would have been payable by him if he had obtained probate or administration.

61. When a British subject, not having at the time of death his fixed bion of property place of abode in China or Japan, dies there, the Court within whose dis- trict he dies shall, where the circumstances of the case appear to the Court so to require, forthwith on the death of the deceased, 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.

Cases for trial with Jury.

Provincial Consular Court,-cases

for Assessors.

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 either party, be. under order of the Court, tried with a Jury.

In any case (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 under his hand, extend the present provision to any Provincial Court, where it appears to him there is a sufficient Jury list.

Trial with Assessors.

money,

63. Where a suit instituted in a Provincial Court relates to 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.