Directory_and_Chronicle_1893 — Page 205

H.B.M. SUBJECTS IN CHINA AND JAPAN

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Such a grant shall not ie 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.

deposited in

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

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

latestate unti

59. From the dath of a British subject, having at the time of death Property of his fixed pace of abode in China or Japan, intestate, unt la ministration administration. is granted, his person il proper y within China and Japan shail 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 en takes possession of and in any mann r administers any part of the personal with ut probate property of any person dec ased, without obtaining probate or adininistra- tion within turee mouths after the death of the deceased, or within one month after the termination of any suit or dispute respec ing pr. bate or admin stration (if there is any such which is not ended within two months after the death of d ceas d), he shall be liable to such penalty not ex- coedin: 500 dollars, as th Court having juris iction in the matter of the property of the deceased thinks fit to impose; and in every such case the sanie fees shall be payable by the prson so administering as would have been payable by him if he bal obtained probate or administraition.

sion of property

61. When a British subject, not having at the time of death his fixed Taking OBOR, place of abode in Caina 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 ke p 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 Cages for trial to money, goods, or other property, or any matter at issue of the amount with Jars, or value of 1,500 dollars or upwar ls, 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, b, un ler 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 he triel with a jury, if the Court of its own motion, or on the application 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.

Consular Court,—6&ICE

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 court, ses does not relate to or involve, directly or indirectly, a question respecting for Aseman, 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.

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