1917

H.B.M. SUBJECTS IN CHINA AND COREA
327
(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, situated 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 applica¬
tion 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.
(4) 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 granting the same, shall have the same
effect as the original.
107. —(1) Where a British subject dies in China or Corea, or else- custody of
where, intestate, then, until administration is granted, his property in Instate.0*
China or Corea shall be vested in the Judge of the Supreme Court.
(2) The Court within whose jurisdiction any property of the de¬
ceased is situated 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 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.
108. If any person named executor in the will of the deceased takes Executor
possession of and administers or otherwise deals with any part of the t0
property of the deceased, and does not obtain probate within one month probate,
after the death, or after the termination of any suit or dispute respect¬
ing probate or administration, he shall be guilty of an offence and shall
be liable to a fine not exceeding >£50.
109. If any person, other than the person named administrator or an Administering'
executor or an officer of the Court, takes possession of and administers authori^10”®
or otherwise deals with any part of the property of a deceased British
subject, whether resident or not, he shall be deemed guilty of a contempt
of Court, and shall be liable to a fine not exceeding £50.
110. Where a person appointed executor in a will survives the Deat* or
testator, but either dies without having taken probate, or, having been executor,
called on by the Court to take probate, does not appear, his right in re¬
spect of the executorship wholly ceases: and without further renuncia¬
tion the representation to the testator and administration of his pro¬
perty 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 Testamentary
other such subject having in his possession, or under his control, any deposited1 in
paper or writing of the deceased, being, or purporting to be testament- Court,
ary, shall forthwith bring the original to the Court within whose parti¬
cular 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 .£50.
(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.