Directory_and_Chronicle_1929 — Page 252

CONVENTION BETWEEN THE UNITED KINGDOM AND JAPAN FOR THE PROTECTION OF THE ESTATES

OF DECEASED PERSONS

SIGNED AT TOKYO, APRIL 26TH, 1900

Ratifications exchanged at Tokyo, 25th October, 1900

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the Emperor of Japan, being equally desirous of maintaining the relations of good understanding which happily exist between them by laying down rules for the protection of the estates of deceased persons, have agreed to conclude a Convention, and for that purpose have named as their respective Plenipotentiaries, that is to say:-Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Sir Ernest Mason Satow, Knight Commander of the Most Distinguished Order of St. Michael and St. George, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary; and His Majesty the Emperor of Japan, Viscount Aoki Siüzo, Junü, First Class of the Imperial Order of the Rising Sun, His Imperial Majesty's Minister of State for Foreign Affairs, who, having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles :----

Art. I.-Whenever a subject of one of the high coutracting parties shall die within the dominions of the other, and there shall be no person present at the time- of such death who shall be rightly entitled to administer the estate of such deceased person, the following rules shall be observed:

1. When the deceased leaves, in the above-named circumstances, heirs of his or her own nationality only, or who may be qualified to enjoy the civil status of their father or mother, as the case may be, the Consul-General, Consul, Vice-Consul, or Consular Agent of the country to which the deceased belonged, on giving notice to the proper authorities, shall take possession and have custody of the property of the said deceased, shall pay the expenses of the funeral, and retain the surplus for the payment of his or her debts, and for the benefit of the heirs to whom it may rightly belong.

But the said Consul-General, Consul, Vice-Consul or Consular Agent shall be bound immediately to apply to the proper Court for letters of administration of the effects left by the deceased, and these letters shall be delivered to him with such limitations and for such time as to such Court may seem right.

2. If, however, the deceased leaves in the country of his or her decease and in the above-named circumstances, any heir or universal legatee of other nationality than his or her own, or to whom the civil status of his or her father or his or her mother, as the case may be, cannot be granted, then each of the two Governments may determine whether the proper Court shall proceed according to law, or shall confide the collection and administration to the respective Consular officers under the proper limitations. When there is no Consul-General, Consul, Vice-Consul, or Consular Agent in the locality where the decease has occurred (in the case contemplated by the first rule of this Article) upon whom devolves the custody and administration of the estate, the proper authority shall proceed in these acts until the arrival of the respective Consular officer.