LAW REPORTS.

Dominion, Volume 7, Issue 1921, 2 December 1913, Page 14

LAW REPORTS.

SUPREME COURT. THE CHINESE MARRIAGE CUSTOMS. WHAT ARE THEY? ~, [ADMINISTRATION OF ESTATE. His Honour tho Chief Justice (Sir Robert Stout) delivered judgment in the Supremo Court yosterday in tho interesting Chinese ease heard by him on Saturday. The questions , beforo the Court related to tho distribution of tho estato of a deceased Chinese, Ah Cheung, shopkeeper, of Greytown. From tho .particulars set out it appeared that deceased recently died at Greytown, intestate, and tho Public Trustee becamo administrator of his estate, which ,was valued at about £3000. Deceased, who was 57 years of age, was horn in Ah Veu Village, and lived thero till lie left for-New Zealand at the ago of 34. On February 19, 1875, ho marlied a Chinese womau iiamod Ng Kwok Shi, but ho also had a concubine whom, it was stated, ho had never seen. All his children pre-deceased him with tho exception of his daughter, ICwai Yoe, and ono son left two twin children—a male, Ting Ka, and a female, Sui Wai, aged eight years. * ... Domiciie--HcrB l or China? Tho Chief Justico said that ho had two questions to answer:—(l) Was the deceased domiciled* ill New Zealand ?■ (2) If not, liow is his property to bo' distributed? Ah Cheung, His Honour said, had had four children by his wife. Ho left China in 1888, thirteen years after his marriage, and had lived m various parts of tho Dominion until liii death in 1911. He had sold his storo in Greytown, but all tho proceeds had not boon realised at tlio timo of his death. Tho question was: Had he, by his residenco and acquisition, of property, both movablo and immovable,'acquired a New Zealand domicile? His Honour said that there was no evidence beyond that of his residence and property to support this contention, - but there was evidence.of his not. ..having lost his origin of domicile:—(l) Ho had left a wife and family in China; (2) ho remained a Confucian"; (3) ho had stated his intention to return to China; (4)' ho had arranged for a second wife, or concubine, who was living with his wife, but whom ho had never seen. Even without tlieso circumstances, His Honour was of tho opinion-'tliat-mere residence for . twenty-three".'years in New Zealand was not sufficient"proof that ho ■had lost his domicile of origin. Has-China a Marriage Law? With regard to the question of tho distribution of the deceased's His Honour held that tho movable property must be distributed in accordance with Chincso law. According to tlio evidence taken in Hong-Kong, including that of.'Sir Kai Ho Kai, K.C.M.G.",: 4 barrister, the. widow was entitled,'as, head of tho family/to tlio property, and' had to distribute it. Tho. immovable -property, however, must be uistribnted according to" New. Zealand law. Two important questions, the Chief Justice: added, had not been argued." It did not appear from tlio evidence what "themarriage law .of China ayas; r;'lf poly-: gamy allowed, could tlio marriage be recognised? Another question was whether .Section 47 of; the Administration Act of 1903 applied P. . ;, Did' "es- - tato" under this section mean immovables and'movables, if movables were not to bo distributed in-accordance -with New_ Zealand law? 'lie was .of 'the opinion'that thoso two questions s must be settled, and evidence produced— which, no doubt,-could-be obtained-hero I —as to tho marriage law of China. The j Public Trustee should not in the mean- ! time distribute tlio proceeds of tho im- \ movable property. Tho sum of £600, from the proceeds of tho movablo pro-, perty, paid to the late Chinese Consul at Wellington, on behalf, of the widow's attorney, had never reached her. This 'was not tho fault of the Consul, but, His Honour presnmed, was duo to tho unsettled condition of tho government of China at the time. It would therefore bo better for tlio Public Trus'tee to pay the amount in two or three ; -sums, and to get acquittance not only v'from her attorneys and solicitor in Hong-Kong, but one signed by tho i widow, in tho presence of the British Consul and some other responsible persuch as Sir Kai Ho Kai. His Honour directed that the costs should bo paid out of tile- proceeds of the movablo property. Tho Registrar would tax the costs bill of tho Hon"- . Kong solicitors and their agents hero° IT- Macdonald (solicitor to the Public Trust Office) and Mr F P Kelly appeared for the Public Trustee, n? Ev!ms f °i" : tho widow! J lie Public Trustee a.lso represented the infant grandchildren of the deceased.