Directory_and_Chronicle_1927 — Page 385

H.B.M. SUBJECTS IN CHINA AND COREA

(2) Provided that the Supreme Court shall, before sealing any probate letters or confirmation under this section, be satisfied either that all probate or estate duty has been paid in respect of so much of the estate, situated in China or Corea as is liable to such duty, or that security has been given in a sum sufficient to cover the property (if any) in China or Corea, and may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.

(3) The Supreme Court may, also, if it thinks fit, on the applica- tion of any creditor, require before sealing that adequate security be given for the payment of debts due from the estate to creditors residing in China or, Corea.

(4) For the purposes of this Article, a duplicate of any probate, letters of administration, or confirmation sealed with the seal of the Court granting the same, or a copy thereof certified as correct by or under the authority of the Court granting the same, shall have the same effect as the original.

107.-(1) Where a British subject dies in China or Corea, or else- where, intestate, then, until administration is granted, his property in China or Corea shall be vested in the Judge of the Supreme Court.

(2) The Court within whose jurisdiction any property of the de- ceased is situated shall, where the circumstances of the case appear to the Court so to require, forthwith on his death, or as soon after as may be, take possession of his property within the particular jurisdiction, or put any such property under the seal of the Court (in either case if the nature of the property or other circumstances so require, making an inventory), and so keep it until it can be dealt with according to law.

108. If any person named executor in the will of the deceased takes possession of and administers or otherwise deals with any part of the property of the deceased, and does not obtain probate within one month after the death, or after the termination of any suit or dispute respect- ing probate or administration, he shall be guilty of an offence and shall be liable to a fine not exceeding £50.

Custody of property of

intestate.

Executor

failing to

obtain

probate.

authority.

331

109. If any person, other than the person named administrator or an Administering executor or an officer of the Court, takes possession of and administers estate without or otherwise deals with any part of the property of a deceased British subject, whether resident or not, he shall be deemed guilty of a contempt of Court, and shall be liable to a fine not exceeding £50.

110. Where a person appointed executor in a will survives the testator, but either dies without having taken probate, or, having been called on by the Court to take probate, does not appear, his right in re- spect of the executorship wholly ceases: and without further renuncia- tion the representation to the testator and administration of his pro- perty shall go and may be committed as if that person had not been appointed executor.

Death or

failure of

executor.

papers to be Court.

deposited in

111.-(1) Where a British subject dies in China or Corea, any Testamentary other such subject having in his possession, or under his control, any paper or writing of the deceased, being, or purporting to be testament- ary, shall forthwith bring the original to the Court within whose parti- cular jurisdiction the death happens, and deposit it there.

If any person fails to do so for fourteen days after having knowledge of the death of the deceased, he shall be guilty of an offence and liable to a fine not exceeding £50.

(2) Where it is proved that any paper of the deceased, being or purporting to be testamentary, is in the possession or under the control of a British subject, the Court may, whether a suit or proceeding respecting probate or administration is pending or not, order him to produce the paper and bring it into Court.