434
Administra. tion under direction of Court.
Graut of
administration to officer of -Court.
Original will and probate -copy.
RULES OF SUPREME COURT
(7.) After the notice has been filed in, or a copy thereof has been re- ceived by, a Provincial Court, a grant of probate or administration shall be made only by the Supreme Court.
294.—(1.) A person claiming to be a creditor or legatee, or the next- of-kin, or one of the next-of-kin, of a deceased person may apply for and obtain a summons from the Court requiring the executor or administrator (as the case may be) of the deceased to attend before the Court and show cause why an order should not be made for the administration of the property under the direction of the Court.
(2.) On proof of service of the summons, or on appearance of the executor or administrator, and on proof of all such other things as the Court thinks fit, the Court may make an immediate order for such administration.
(3.) The Court shall have full discretionary power to make or refuse any such order, or to give any special directions respecting the carriage or execution of it, and in the case of applications for such an order by two or more different persons or classes of persons, to grant the same to such one or more of the claimants or classes of claimants, as the Court thinks fit.
(4.) The carriage of the order may subsequently be given to such person, and on such terms, as the Court thinks fit.
(5.) On making such an order, or at any time afterwards, the Court may make any further or other order for compelling the executor or administrator to bring into Court for safe custody all or any part of the money, or securities, or other property of the deceased from time to time coming to his hands, or otherwise for securing the safe keeping of the property of the deceased or any part thereof.
(6.) If the extreme urgency or other peculiar circumstances of the case appear to the Court so to require (for reasons recorded in the Minutes), the Court may of its own motion issue such a summons, and make such an order or such orders and cause proper proceedings to be
taken thereon.
295.—(1.) In a case of apparent intestacy, where the circumstances of the case appear to the Court so to require (for reasons recorded in the Minutes), the Court may, of its own motion, grant administration to an officer of the Court.
(2.) The officer so appointed shall act under the direction of the Court, and shall be indemnified thereby.
(3.) He shall publish such notices as the Court thinks fit, in China, Corea, the United Kingdom, and elsewhere.
(4) The Court shall require and compel him to file in the Court accounts of his administration at intervals not exceeding three months.
(5.) The accounts shall be in all cases audited by the Supreme Court; for which purpose every Provincial Court shall, during the months of January and July in every year, send to the Supreme Court all accounts so filed in the then last preceding half-year.
(6.) A commission of 5 per cent., or such less amount as the Secret- ary of State directs, may be charged on an estate administered under this Rule, and the amount thereof shall be calculated and applied as the Secretary of State directs.
(7.) All expenses incurred on behalf of the Court in the execution of this Rule and the said commission shall be the first charge on the pro- perty of the deceased in China or Corea, and the Court shall, by ale of part of that property or otherwise, provide for the discharge of those expenses and the payment of the said commission.
296.-(1.) Every original will, of which probate or administration with will annexed is granted, shall be filed and kept in the public office
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