Directory_and_Chronicle_1898 — Page 310

I

IN CHINA AND JAPAN

253

as he would be liable to if he were a party to a suit in the Court, and had made like default.

come in and

186. The Court may of its own motion, or on the application of any Notice to person claiming an interest under a will, give notice to the executor or executors to executors (if any) therein named, to come in and prove the will or to prove. renounce probate; and the executors or executor so named, or some or one of them, must within fourteen days after notice come in and prove or renounce accordingly.

T.—Probate or Administration in General

administration

187. Probate or letters of administration with Will annexed shall not Time after death issue until after the lapse of seven days from the death of the deceased, when prolate or except under the direction of the Judge of the Supreme Court, or in case may be granted. of great urgency.

Letters of administration (not with Will annexed) shall not issue

until after the lapse of fourteen days from the death of the deceased, except

under the direction the Supreme Court, or in case of great urgency.

1

183. Where probite or administration is, for the first time, applied Application for alter the lapse of three years from the death of the deceased, a grant after three shall not be made except under the direction of the Judge of the Supreme Court.

years.

on request of

189. In any case a grant of probate or administration may be made Grants by by the Supreme Court, wheresoever in China or Japan the deceased had Supreme at the time of his death his place of abode; but where the deceased had Provincial at the time of his death bis fixed place of abode in the district of a Provincial Court. Court, the application for the grant shall not be entertained by the Supreme Court, except on the request of the Provincial Court.

directions of

Court.

190. Where any dispute or question arises in relation to the grant or In disputed or the application for it,-or it appears to the Provincial Court doubtful doubtful cases, whether or not the grant should be made,-the Provincial Court shall supreme to communicate with the Judge of the Supreme Court, who shall either direct Provincial the Provincial Court to proceed in the matter according to such instruc tions as the Judge thinks fit, or may direct that no further proceeding be taken in the matter by the Provincial Court, but any party concerned may apply for a grant to the Supreme Court itself,

191. The Provincial Court, before proceeding in the watter of any Evidence to application, shall take care to ascertain that the deceased had at the time tion of Provin found jurisdie- of his death his fixed place of abode in the district of the Court, and shall cial Court. not for this purpose consider itself bound to rest satisfied with such evidence as is offered by the person applying for the grant.

192. The Court shall, where it deems it necessary, require proof, in Identity. addition to the oath of the executor or administrator, of the identity of the deceased or of the party applying for the grant.

193. The Court shall take care to ascertain the value of the property Value of of the deceased as correctly as circumstances admit.

property.

answer to

194. In no case shall the Court allow probate or letters of adminis- Satisfactory tration to issue until all inquiries which it sees fit to institute have been Court's inquiries answered to its satisfaction.

The Court shall, however, afford as great facility for the obtaining of probate or administration as is consistent with due regard to the prevention of error and fraud.

before grant.

Judge of

195. In the following cases of probate or administration, a grant shall Cases in which not issue except from the Supreme Court under immediate direction of Supreme Court the Judge, namely:-

Probate, or administration with will annexed, where the will was executed before the 1st day of January, 1838, and there is no testamentary paper of later date than the 31st day of December, 1837.

alone may make grant.

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