H.B.M. SUBJECTS IN CHINA AND COREA
exercised in England by a judicial authority under the provisions of the Lunacy Act, 1890, or any Act amending the same.
(2) A Provincial Court shall, as far as circumstances permit, have in relation to British subjects, such jurisdiction relative to the custody and management of the persons and estates of lunatics as for the time being may be prescribed by Rules of Court, and until such Rules are made, and so far as such Rules do not apply, as may be exercised in England by a judicial authority and by the Masters in Lunacy under the provisions of the Lunacy Act, 1890, or any Act amending the same.
(3) In any such case the Provincial Court may, of its own motion, or on the application of any person interested, take or authorise such steps as to the Court may seem necessary or expedient for the person and property of any person appearing to the Court to be a lunatic, and may from time to time, revoke, or vary, or supplement any order or proceeding taken in the matter.
(4) Subject to the provisions of this Article and to any Rules of Court, a Provincial Court shall not proceed in any such matter except under and according to the directions of the Supreme Court.
(5) Sections 5 to 7 of the Lunatics Removal (India) Act, 1851 (14 and 15 Vict., cap. 81), shall apply to China and Corea, with the sub- stitution of "the Supreme Court" for "the Supreme Court of Judicature at any of the Presidencies of India.' Provided that the jurisdiction of the Supreme Court under those sections may be exercised in and for Corca by the Provincial Court at Seoul.
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Probate and Administration.
103. All real or immovable property situate in China or Corea, and belonging at the time of bis death to any British subject dying after the commencement of this Order, shall be deemed to be personal estate, and the devolution thereof, in case of intestacy, shall be regulated according to the law of England for the time being relating to personal estate.
379
Real property to devolve as estate.
personal
104. (1) The Supreme Court shall, as far as circumstances admit, Jurisdiction have, for and within China and Corea, with respect to the wills and the of Courts. property in China ant Corea of deceased British subjects, all such jurisdiction as for the time being belongs to the High Court in England.
(2) A Provincial Court shall have power to grant probate or letters of administration where there is no contention re-pecting the right to the grant.
(3) Probate or administration grantel by a Court under this Order shall have effect over all the property of the deceased within China or Corea, and shall effectually discharge persons dealing with an executor or administrator thereunder, notwithstanding that any defect afterwards appears in the grant.
105. Section 51 of the Conveyancing (Scotland) Act, 1874, and any Enactment enactment for the time being in force amending or substituted for the applied. same, are hereby extended to China and Corea with the adaptation follow- ing, namely:-
The Supreme Court is hereby substituted for a Court of Probate in
a Colony.
103.—(1) Where a Court of Probate in the United Kingdom or in any British Possession to which the Colonial Probates Act, 1892, for the time being extends, has granted probate or letters of administration or confirmation in respect of the estate of a deceased person, the probate letters or confirmation so granted may, on being produced to, and a copy thereof deposited with, the Supreme Court, be sealed with the seal of that Court, and thereupon shall be of the like force and effect and have the same operation as if granted by that Court.
Sealing of Colonial probate, &c.
British or
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