541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 28

1314

Real pro- perty to

devolve a

personal

estate.

Jurisdiction

of Courts.

Enactment applied.

Sealing of British or Colonial bate, &e.

pro-

Custody of property of intestate.

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

Probate and Administration.

103. All real or immovable property situate in China or Corea, and belonging at the time of his 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.

104.-(1.) The Supreme Court shall, as far as circumstances admit, have, for and within China and Corea, with respect to the wills and the property in China and 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 respecting the right to the grant.

(3.) Probate or administration granted 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 enact- ment for the time being in force amending or substituted for the same, are hereby extended to China and Corea with the adaptation following, namely:-

The Supreme Court is hereby substituted for a Court of Probate in a Colony,

106.-(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.

(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, situate 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 application 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.

(1.) 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 grant- ing the same, shall have the same effect as the original.

107.-(1.) Where a British subject dies in China or Corea, or elsewhere, 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 deceased is situate 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