Directory_and_Chronicle_1894 — Page 199

Law and Equity.

Bankruptcy.

Coroner.

Admiralty.

Lunacy.

Matrimonial Causes.

Probate and Administration.

162

ORDER IN COUNCIL

to control and regulate the proceeding before and after the award in such manner and on such terms as may be just.

General Authorities of Courts.

51. The Supreme and every other Court shall be a Court of Law and

Equity.

Special Authorities of Courts.

52. The Supreme an every other Court shall be a Court of Bank- ruptcy, and as such shall, as far as circumstances admit, have (as to a Provincial Court, for and within its own district), with respect to British subjects and to their debtors and creditors, being either British subjects or foreigners submitting to the jurisdiction of the Court, all such juris- diction as for the time being belongs to the Court of Bankruptcy and the County Courts in England, or to any other jud cial authority having for the time being jurisdiction in Bankruptcy in England.

53. The Supreme and every other Court shall (as to a Provincial Court, for and within its own district) have and discharge all the powers, rights, and duties appertaining to the office of Coroner in England,- summoning when necessary a jury of not less than three persons com- prised in the jury list of the Court.

Any person failing to attend according to such summons shall be liable to the like fine, to be levied in the like manner, as in this Order provided with reference to juries in civil and criminal proceedings.

54. The Supreme Court shall be a Vice-Admiralty Court, and as such shall, for and within China or Japan, and for vessels and persons coming to and within China or Japan, have all such jurisdiction as for the time being ordinarily belongs to Vice-Admiralty Courts in Her Majesty's possessions abroad.

55. The Supreme Court shall, as far as circumstances admit, have in itself exclusively, for and within China and Japan, 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 Chancellor or other person or persons in England intrusted by virtue of Her Majesty's sign manual with the care and com- mitment or the custody of the persons and estates of persons found by inquisition in England, idiot, lunatic, or of unsound mind.

56. The Supreme Court shall be a Court for Matrimonial Cause, and as such shall, as far as circumstances admit, bave in itself exclusively, for and within China and Japan, with respect to British subjects, all such jurisdiction, except the jurisdiction relative to dissolution or nullity or jactitation of marriage, as for the time being belongs to the Court for Divorce and Matrimonial Causes in England.

57. The Supreme Court shall be a Court of Probate, and as such shall, as far as circumstances amit, have for and within China and Japan, with respect to the property of British subjects, having at the time of death their fixed places of abode in China or Japan, all such jurisdic.ion as for the time being belongs to Her Majesty's Court of Probate in England.

A Provincial Court shall, however, 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 bis fixed place of abode within the jurisdiction of the Provincial Court.

Probate or administration granted by a Provincial Court shall have effect over all the property of the deceased within China and Japan, and shall effectually discharge persons dealing with an executor or ad- ministrator thereunder, and that notwithstanding any defect afterwards appears in the grant.