Directory_and_Chronicle_1904 — Page 348

H.B.M. SUBJECTS IN CHINA AND JAPAN

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Any person failing to attend according to such summons shall be liable 10 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 Admiralty. 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, bave in Lunacy. 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 persous and estates of persons found by inquisition in England, idiot, lunatic, or of unsound mind.

Causes.

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

A Provincial Court shall, however, also bave 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 his 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.

Such a grant shall not be 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.

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

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

intestate until

59. From the death of a British subject, having at the time of death Property of his fixed place of abode in China or Japan, intestate, until administration administration. is granted, his personal property within China and Japan shall 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 on takes possession of and in any manner administers any part of the personal without probate. property of any person deceased, without obtaining probate or administra- tion within three months after the death of the deceased,—or within one