Directory_and_Chronicle_1895 — Page 220

Taking posses- sion of property of deceased.

Cases for trial with Jury.

Provincial Consular

Court,-

—ca sea for Asses OTH.

Powers of apprehension over British subjects.

Accused escaр- ing to another district.

180

ORDER IN COUNCIL

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- ceeding 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.

61. When a British subject, not having at the time of death his fixed 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.

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 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.

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

In all other cases the Court (subject to the provisions of the Order respecting inability to obtain an Assessor) shall hear and determine the cases with Assessors.

III.-In Criminal Matters.

64. Every Court may cause to be apprehended and brought before it any British subject being within the district of the Court and charged with having committed a crime or offence in China or in Japan, and may deal with the accused according to the jurisdiction of the Court and in conformity with the provisions of this Order; or where the crime or offence is triable, and is to be tried, in Her Majesty's dominions, may take the preliminary examination, and commit the accused for trial, and cause or allow him to be taken to the place of intended trial.

65. Where a person charged with having committed a crime or offence in the district of one Court escapes or removes from that district, and is found within the district of another Court, the Court within the district of which he is found may proceed in the case to examination, indictment, trial, and punishment, or in a summary way (as the case may require) in the same manner as if the crime or offence had been committed in its own district; or may, on the requisition or with the consent of the Court of the district in which the crime or offence is charged to have been committed, send him in custody to that Court, or require him to give security for his

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