Directory_and_Chronicle_1896 — Page 287

IN CHINA AND JAPAN

247

A list of the grants of probate and administration made by it up to the last preceding first day of January and first day of July respectively, and not included in any previous list.

And also, a copy, certified by the Provincial Court to be a correct copy, of every will to which any such probate or administration relates.

II.-Probate and Administration with Will annexed. 202. In the following rules respecting probate and administration the Interpretation expression the proper officer" means, as to the Provinces, the Consul- of "the proper General, Consul, or Vice Consul holding and forming a Court; as to the Supreme Court, such one of the officers attac ed thereto as for the time being acts in matters of probate and administration by the aut. ority and under the direction of the Judge.

officer."

of execution,

203. On receiving an application for probate or for administration Examination of with will annexed, the proper officer must inspect the will, and see whether will as to mode it appears to be signed by the testator, or by some other person in his

presence and by his direction, and subscribed by two witnesses, according to the provisions of the Acts of Parliament, 7 Will. 4, & 1 Vict. c. 26 sec. 9, and 15 & 16 Vict. c. 24 sect. 1, and in no case may he proceed further if the will does not appear to be so signed and subscribed.

attestation

204. If the will appears to be signed by or for the testator, and Examination of subscribed by two witnesses, the officer must then refer to the ttestation clause. clause (if any), and consider whether the wording thereof shows the will to have been in fact executed in accordance with the provisions of the said Acts.

205. If there is no attestation clause to the will, -or if the attestation Proof of execu- clause thereto is insufficient,-the officer must require an affilavi: from at tion accor least one of the subscribing witnesses, if either of them is living, to prove rarliament. that the will was in fact executed in accordance with the provisions of the said Acts.

The affidavit must be engrossed and form part of the probate, so that the probate may be a complete document on the face of it.

If on perusal of the affidavit it appears that the will was not in fact executed in accordance with the provisions of the said Acts, the officer must refuse probate.

If on perusal of the affidavit it appears doubtful whether or not the will was in fact executed in accordance with the provisions of the said Acts, the officer must lay a statement of the matter before the Judge of the Supreme Court for his directions.

If both the subscribing witnesses are dead,—or if from other circum- stances no affidavit can be obtained from either of them,-resort must be had to other persons (if any) who were present at the execution of the will; but if no affidavit of any such other person can be obtained, evidence on oath must be procured of that fact, and of the handwriting of the deceased and of the subscribing witneses, and also of any circumstances that may raise a presumption in favour of the due execution of the will.

tion according to acts of

illiterate, or

206. The officer shall not allow probate of will, or administration will of testator with the will annexed, of any blind per on, or of any obviously illiterate blind, obviously or ignorant person, to issue, unless he has previously atisfied himself, by ignorant. what appears on the face of the will or by evidence on oath, that the will was read over to the deceased before its execution, or that the deceased had at the time knowledge of its contents.

Where information is not forthcoming, the officer must commu-

nicate with the Judge of the Supreme Court.

erasures, or

207. Having satisfied himself that the will was duly executed, the Interlineations, officer must carefully inspect the same to see whether there are any alterations, interlineations or alterations or erasures or obliterations appearing in it, obliterations. and requiring to be accounted for.