Matrimonial.

103. The Supreme Court shall, as far as circumstances admit, have, for and within the Ottoman dominions, with respect to British subjects, all such jurisdiction in matrimonial causes, except the jurisdiction relative to dissolution or nullity or jactitation of marriage, as for the time being belongs to the High Court in England.

Lunacy.

104.-(1.) The Supreme Court shall, as far as circumstances admit, have, for and within the Ottoman dominions, in relation to British subjects, all such jurisdiction relative to the custody and management of the persons and estates of lunatics as for the time being belongs to the Lord Chancellor or other Judge or Judges in England entrusted by virtue of His Majesty's sign manual with the care and commitment of the custody of the persons and estates of lunatics, and also such jurisdiction as may be exercised in England by a judicial authority under the provisions of "The Lunacy Act, 1890," or any Act amending

the same.

(2.) A Provincial Court shall, as far as circumstances permit, have, in relation to British subjects, such jurisdiction relative to the custody and management of the persons and estates of lunatics as for the time being may be prescribed by Rules of Court, and until such Rules are made, and so far as such Rules do not apply, as may be exercised in England by a judicial authority and by the Masters in Lunacy under the provisions of "The Lunacy Act, 1890," or any Act amending the same.

(3.) In any such case the Provincial Court may, of its own motion, or on the application of any person interested, take or authorise such steps as to the Court may seem necessary or expedient for the immediate protection of the person and property of any person appearing to the Court to be a lunatic, and may, from time to time, revoke, or vary, or supplement any order or proceeding taken in the matter.

(4.) Subject to the provisions of this Article, and to any Rules of Court, a Provincial Court shall not proceed in any such matter except under and according to the directions of the Supreme Court.

105. Sections 5 to 7 of "The Lunatics Removal (India) Act, 1851" (14 and 15 Vict., cap. 81), shall apply to the Ottoman dominions, with the substitution of "the Supreme Court" for "the Supreme Court of Judicature at any of the Presidencies of India." Provided that the jurisdiction of the Supreme Court under those sections may, during the absence of a Judge thereof, be exercised in and for Egypt by the Provincial Court at Alexandria.

Probate and Administration.

106. A British subject may in his lifetime deposit for safe custody, in the Court, his own will, sealed up under his own seal and the seal of the Court.

107.-(1.) The Supreme Court shall, as far as circumstances admit, have, for and within the Ottoman dominions, with respect to the wills and the property in the Ottoman dominions 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, and it is proved that the deceased was resident at his death within the particular jurisdiction.

(3.) Probate or administration granted by a Court under this Order shall have effect over all the property of the deceased within the Ottoman dominions, and shall effectually discharge persons dealing with an executor or administrator thereunder, notwithstanding that any defect afterwards appears in the grant.

(4.) Notwithstanding anything in this Order, the Court shall not exercise the jurisdiction conferred by this Article in any case where the deceased, though a protected person, was at the time of his death an Ottoman subject, and in the construction of the provisions of this Order relating to probate and administration the expression "British subject" shall not include any such protected person.

108.-(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.) The Supreme Court may, 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 the Ottoman dominions.

(3.) For the purposes of this Article a duplicate of any probate or 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.

109. During the absence from Egypt of a Judge of the Supreme Court the jurisdiction of the Supreme f Articles 107 and 108 shall, subject to any

exercised in and for Egypt by the

Alexandria.

* Vol. LXXXIV,

110.-(1.) Each Consular officer shall endeavour to obtain, as early as may be, notice of the death of every British subject dying within the particular jurisdiction, whether resident or not, and all such information respecting his affairs as may serve to guide the Court with respect to the securing and administration of his property.

(2.) On receiving notice of the death the Consular officer shall put up a notice thereof at the Court-house, and shall keep the same there until probate or administration is granted, or, where it appears to him that probate or administration will not be applied for or cannot be granted, for such time as he thinks fit.

111.-(1.) Where a British subject dies in the Ottoman dominions, or elsewhere, intestate, then, until administration is granted, his personal property in the Ottoman dominions 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 personal 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.

112. If any person named executor in a 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 proceedings respecting probate or administration, he shall be liable to pay double the amount of any fees chargeable on obtaining probate, and he shall also be liable to a fine not exceeding 100%.

113. If any person, other than the person named executor or an administrator or an officer of the Court, takes possession of and administers or otherwise deals with any part of the personal 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 50l.

114. Where a person appointed executor in a will survives the testator, but either dies without having taken probate or, having been called on by the Court to 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.

original 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 501.

(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 examination order that he do produce the paper and deposit it in Court.

116. Where it appears to the Court that the value of the property or estate of a deceased person does not exceed 100l., 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. Every proceeding of the Court under this Article shall be recorded in the Minutes.

117. "The Foreign Jurisdiction Probates Order in Council, 1908,' ,"* shall apply to all persons and to all property subject to this Order.

118. Section 51 of "The Conveyancing (Scotland) Act, 1874," and any enactment for the time being in force amending or substituted for the same, are hereby extended to the Ottoman dominions, with the adaptation following, namely:

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

Miscellaneous.

119. No action shall be brought for the protection of any copyright, trade-mark, patent, or design by any person who is not a British subject, unless either (a) an arrangement is in force between His Majesty's Government and the Government of the State or Power to which the plaintiff belongs, or (b) the Court is satisfied that effectual provision exists for the protection in Consular or other Courts in the Ottoman dominions of the hts and interests of British subjects in copyrights, trade

* Vol. CI, page 102.

I

marks, patents, and designs infringed by the subjects of such State or Power.

Where such an arrangement is in force, the Ambassador, or, so far as relates to Egypt, the Agent for Egypt, may issue a Notification to that effect, and the Court shall take judicial notice thereof.

120. Any person desirous of levying a distress for rent may apply to the Court to appoint a bailiff to levy such distress, and the Court may thereupon, and upon the applicant giving sufficient security to answer for any misconduct on the part of such bailiff, appoint a person to act as bailiff to levy such distress. 121. In Egypt the Court may execute process against any British subject to the like extent and in like manner as any Court established in that country with His Majesty's con

currence.

Appeals.

122.-(1.) Where an action in a Provincial Court involves the amount or value of 50l. 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 a Provincial Court may, if it thinks fit, give leave to appeal on like terms.

(3.) In any case the Supreme Court may give leave to appeal on such terms as it thinks fit.

123. (1.) Any party to an action in the Supreme Court, or to an appeal to the Supreme Court, aggrieved by the decision of that Court or by the verdict of a jury, may move the Supreme Court to rehear such action or appeal.

(2.) The motion shall be heard by the Full Court unless the Judge of the Supreme Court otherwise orders.

(3.) On such motion the Supreme Court may make any order that may be made by the Court of Appeal in England in the exercise of its ordinary appellate jurisdiction.

(4.) An application for a rehearing shall be made within the prescribed time.