Directory_and_Chronicle_1892 — Page 221

H.B.M. SUBJECTS IN CHINA AND JAPAN

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Such a grant shall not be impeachable by reason only that the de- eased had not at the time of his death his fixed place of abode within the particular jurisdicti‹ n.

58. Any person baving in his possession or under his control any paper Testamentary writing of a deceased British subject, being or purport ng to be testa peper to be

deposited in zentary, shall forthwith bring the original to the Court within the district Court. Thereof such person is a the time of his first knowle lge of the death of the deceased, and deposit it there.

Any person neglecting to do so for fourt en days after having know- Penalty. edge of the death of the deceased shall be liable to such penalty, not tceeding 250 dollars, as the Court thinks fit to impose.

intestate unti

59. From the death of a British subject, having at the time of death Property of his fixed place of abode in China or Japan, intestate, unt I administration administration.

granted, his personal properly 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.

administration

60. If any person, other than one of Her Majesty's Consular Officers, Penalty on takes possession of and in any manner administers any part of the personal without probate. property of any person dec ased, 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 respec'ing 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- seeding 500 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.

sion of property

61. When a British subject, not having at the time of death his fixed Taking posses place of abode in China or Japan, dies there, the Court within whose dis- of deceased. 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.

62. Where a suit originally instituted in the Supreme Court relates Cases for trial to money, goods, or other property, or any matter at issue of the amount with Jary. 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.

63. Where a suit instituted in a Provincial Court relates to money, Provincial goods, or other property of a less amount or value than 1,500 dollars,--or

Con alar

does not relate to or involve, directly or indirectly, a question respecting for Assemora.

any matter at issue of the amount or value of 1,500 dollars or upwards,—or

s brought for recovery of damages of a less amount than 1,500 dollars,—

is

the Court may hear and determine the case without Assessors.