541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 29

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

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.

1315

failing to

bate.

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

without

109. If any person, other than the person named executor or an administrator Administer- or an officer of the Court, takes possession of and administers or otherwise deals estate with any part of the property of a deceased British subject, whether resident or authority. not, he shall be deemed guilty of a contempt of Court, and shall be liable to a fine not exceeding 501.

failure of

110. Where a person appointed executor in a will survives the testator, but Death or either dies without having taken probate, or, having been called on by the Court to executor. take probate, does not appear, his right in respect of the executorship wholly ceases; and without further renunciation the representation to the testator and the administration of his property shall go and may be committed as if that person had not been appointed executor.

111.-(1.) Where a British subject dies in China or Corea, any other such Testament- subject having in his possession, or under his control, any paper or writing of the to be deposit. deceased, being, or purporting to be testamentary, shall forthwith bring the origi- ed in Court. nal to the Court within whose particular 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 507.

(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.

(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 may, 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 exami- nation order that he do produce the paper and deposit it in Court.

tion of small

112. Where it appears to the Court that the value of the property or estate Administra- of a deceased person does not exceed 50%, the Court may, without any probate or estates. 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. Pro- vided that a Provincial 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.