664960-1887-Foreign-Jurisdiction-Acts-1843-to-1878 — Page 14

THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST, 1887.

PART V-CIVIL MATTERS.

Application of Enactments relating to Civil Matters.

939

21. Subject to the other provisions of this Order, the Code of Civil Procedure, "The Bombay Civil Courts Act. 1869," "The Indian Succession Act," and the other enactments relating to the. administration of civil justice and to bankruptcy for the time applicable to Zanzibar, shall have effect as if Zanzibar were a zila or district in the Presidency of Bombay; the Consul-General shall be deemed to be the District Judge of the district, and his Court the District Court or Principal Civil Court of Original Jurisdiction in the district; the High Court of Bombay shall be deemed to be the highest Civil Court of Appeal for the district and the Court authorized to hear appeals from the decisions of the District Court; and the powers, both of the Governor-General in Council and the Local Government, under those enactments, shall be exercisable by the Secretary of State, or with his previous or subsequent assent by the Governor-General of India in Council.

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Bankruptcy.

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22. It being provided by Article VII of the Convention of Commerce between Her Majesty the Queen and His Highness the Imaum of Muscat, signed at Zanzibar, 31st May, 1839, (among other things), as follows :--

If a British subject shall become bankrupt in the dominions of His Highness the Sultan of Muscat, the British Consul or Resident Agent shall take possession of all the property of such bank- rupt, and shall give it up to his creditors, to be divided amongst them. This having been done, the bankrupt shall be entitled to a full discharge of his creditors, and he shall not at any time afterwards be required to make up his deficiency, nor shall any property he may afterwards acquire be considered liable for that purpose. But the British Consul or Resident Agent shall use his endeavours to obtain, for the benefit of the creditors, any property of the bankrupt in another country, and to ascertain that everything possessed by the bankrupt at the time when he became insolvent has been given up without reserve.

The Courts established under this Order shall, in the exercise of bankruptcy jurisdiction, observé and execute the provisions of that Article.

Proceedings on Death.

23.--(a.) The Consul-General shall endeavour to obtain, as early as may be, notice of the deaths of all British subjects dying in Zanzibar leaving property to be administered, and all such information as may serve to guide him with respect to the securing and administration of their property.

(b.) On receiving notice of the death of such a person, the Consul-General shall put up a notice thereof at his Office, and shall keep the same there until probate or administration is granted, or where it appears to the Cousul-General that probate or administration will not be applied for, or cannot be granted, for such time as he thinks fit.

(c.) The Consul-General shall, where the circumstances of the case appear to him so to require, as soon as may be, take possession of the property in Zanzibar of the deceased, or put it under his seal (in either case, if the nature of the property or other circumstances so require, making an inven- tory), and so keep it until it can be dealt with according to law.

(d.) All expenses incurred on behalf of the Consul-General in so doing shall be the first charge on the property of the deceased, and the Consul-General shall, by sale of part of that property, or otherwise, provide for the discharge of these expenses.

(e.) The Consul-General may, by an order under his band, delegate to any officer subordinate to him the exercise of the powers and performance of the duties conferred and imposed on the Consul- General by this Article.

· (f.) The Consul-General or any officer or person acting under this Article, shall not be respon- sible for anything done in good faith in execution, or intended execution of this section.

24. If a person named executor in a will, and to the establishment of whose title, as such, it is necessary to obtain probate of that will, 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 proceeding respecting probate or administration, he shall be liable to be punished with fine, which may extend to 1,000 rupees.

25. If any person, other than the person named executor, or the administrator, or a person entitled to represent the deceased without obtaining probate or letters of administration, or an officer of the Consulate, takes possession of and administers, or otherwise deals with, any part of the property of the deceased, he shall, as soon as practicable, notify the fact and the circumstances to the Consul- General, and shall furnish to the Consul-General all such information as the Consul-General requires, and shall conform to any directions of the Consul-General in relation to the custody, disposal, or transmission of the property, or the proceeds thereof, and, in case of any contravention of this Article, he shall be liable to be punished with fine, which may extend to 1,600 rupees.