Directory_and_Chronicle_1939 — Page 115

H.B.M. SUBJECTS IN CHINA AND COREA

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may,

(3) Where it appears to the Court that there are reasonable grounds for believing that any person has knowledge of any paper being, or purporting to be, testamentary (although it is not shown that the

paper is in his possession or under his control), the Court whether a suit or proceeding for probate or administration. is pending or not, order that he be examined respecting it before the Court or elsewhere, and that he do attend for that purpose, and after examination order that he do produce the paper and deposit it in Court.

112. Where it appears to the Court that the value of the property or estate of a deceased person does not exceed £50, the Court may, without any probate or letters of administration, or other formal proceeding, pay thereout any debts or charges, and pay, remit, or deliver any surplus to such persons, subject to such conditions (if any) as the Court thinks proper, and shall not be liable to any action, suit, or proceedings in respect of anything done under this Article. Provided that a Proviucial Court shall not exercise the powers of this Article except with the approval of the Supreme Court. Every proceeding of the Court under this Article shall be recorded in the Minutes.

Appeals and Rehearings.

Administra inf

tion of small

Court.

113.-(1) Where an action in a Provincial Court involves the amount Appeal to

Supreme for value of £25 or upwards, any party aggrieved by any decision of that Court, with or without assessors, in the action shall have the right to appeal to the Supreme Court against the same, on such terms and conditions as may be prescribed by Rules of Court.

(2) In any other case, the Provincial Court may, if it seems just and expedient, give leave to appeal on like terms.

(3) In any case the Supreme Court may give leave to appeal on such terms as seem just.

Supreme

114.—(1) The Supreme Court may, if it thinks fit, on the application Rehearing in of any party or of its own motion, order a rehearing of an action, or of an appeal, or of any arguments ou a verdict or on any other question of

law.

(2) The provisions of this Order respecting a hearing with a jury or assessors shall extend to a rehearing of an action.

(3) The Supreme Court may, if it thinks fit, direct any rehearing to be before the full Court.

(4) If the party applying for a rehearing has by any order been ordered to pay money or do any other thing, the Court may direct either that the order be carried into execution, or that the execution thereof be suspended pending the rehearing, as it thinks fit.

(5) If the Court directs the order to be carried into execution, the party in whose favour it is given shall before the execution give security to the satisfaction of the Court for the performance of such order as shall be made on the rehearing.

(6) If the Court directs the execution of the order to be suspended, the party against whom it is given shall, before an order for suspension is given, give security to the satisfaction of the Judge for performance of such order as shall be made on the rehearing.

(7) An application for a rehearing shall be made within the pre- scribed time.

Appeals to His Majesty in Council.

115. (1) Where a final judgment or order of the Supreme Court made in a civil action involves the amount or value of £500 or upwards, any party aggrieved thereby may, within the prescribed time, or, if no

Court.

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Appeal to Privy Council.