Directory_and_Chronicle_1891 — Page 368

Directories & Chronicles 香港指南 All

6

THE SIAM ORDER IN COUNCIL, 1886.

land, but it shall not be necessary to summon a jury in holding any inquest. The Consular Court at Bangkok shall be a Vice-Admiralty Court, and as such shail, for and within Siam, and for vessels and persons coming to and within Siam, have all nch jurisdiction as for the time being ordinarily belongs to Vice-Admiralty Courts Her Majesty's possessions abroad. The Consular Court shall have all powers and jurisdiction which can be exercised by Justices or a Vice-Admiralty Court under or for the purposes of the Acts relating to merchant shipping or the Passenger Acts, or celating to quarantine. The Consular Court at Bangkok shall, as far as circumstances mit, have in itself exclusively, for and within Siam, with respect to British subjects. all such jurisdiction relative to the custody and management of the persons and estates of persons of unsound mind as for the time being belongs to the Lord Chan- sellor or other person or persons in England intrusted, by virtue of Her Majesty's Sign Manual, with the care and commitment of the custody of the persons and estates of persons found, by inquisition in England, idiot, lunatic, or of unsound mind.

The Consular Court at Bangkok shall be a Court of Probate, and as such shall, as far as circumstances alinit, have, for and within Siam, with respect to the property of British subjects having at the time of death fixed places of abode in Siam, all such jurisdiction as for the time being belongs to the Probate Division of Her Majesty's High Court of Justice in England. A district Court shall also have power to grant probate or administration where there is no contention respecting the right to the grant, and it is proved on oath that the deceased had at the time of his death his fixed place of abode within the jurisdiction of the District Court. Probate or administra- tion granted by a District Court in Siam shall have effect over all the property of the deceased within Siam, and shall effectually discharge persons dealing with an #xecutor or administrator thereunder, and that notwithstanding any defect afterwards 3ppears in the grant. Such a grant shall not be impeachable by reason only that the deceased had not at the time of his death his fixed place of abode within the particular jurisdiction. Every person having in his possession or under his control any paper rwriting of a deceased British subject being or purporting to be testamentary 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 knowledge of the donth of the deceased shall be liable to such penalty, not exceeding two hundred and fifty dollars, as the Court thinks fit to impose. From the death intestate of a British subject having at the time of death his fixed place of abode in Siam until alministration is granted, his personal property within Siam shall be vested in the Consul-General in Siam. If any person other than one of Her Majesty's Consular fficers takes possession of, and in any manner administers any part of the personal groperty of

any person deceased, without obtaining probate or administration within hree months after the death of the deceased, or within one month after the termina- ion 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 be liable to such penalty, not exceeding two hundred and fifty dollars, as the Court 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. Where a British subject not having at the time of death his fixed place of abode in Siam dies there, the Court within whose district 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 circumstances so require, making an inventory), and so keep the property until it can be dealt with according to law.

Every Court and authority in imposing punishments shall, as far as circum- stances admit, and subject to the provisions of the Siam Orders in Council, have regard to the punishments imposed by the laws of England in like cases, and to the mode in which the same are inflicted in England. Where any person is sentenced

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