|5|« F75 (971 (Jortwll Earn Srljonl liibrarg Cornell University Library KD 1518.F75 1871 Doctor's commons :its courts and registr 3 1924 022 210 599 NOTICE. Since the publication of this book the ltegistries of the Courts of Probate, Divorce, Appeals and Admiralty have been removed from roctors' Commons to Somerset House, Strand. The Vicar-General's Office has been removed to Dean's Court, Doctors' Commons, and the Queen's Proctor's Office is now at the Treasury, Whitehall. The method of proceeding in Testamentary Causes (stated in Chap. VI.), has been altered by the Judicature Acts. Proceedings by Petition have also been discon- tinued. Other Testamentary proceedings remain as stated herein. Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022210599 OPINIONS OF THE PRESS. "A useful practical Work on all questions connected with Probate Court Business." — Law Magazine. " A thoroughly practical hook on the business of the Probate Court." — Law Times. "To Solicitors having to transact Probate Business, or con- duct suits in the Probate or Divorce Court, it is extremely serviceable." — Solicitors' Journal. " In our opinion Mr. Poster has succeeded in his object, and has furnished the Profession and the Public with an excellent guide." — Law Journal. " The Author, having been for 38 years an acting functionary in one or another of these departments, is eminently competent to explain the nature and purpose of the connected institutions ; and in the execution of this task he has submitted to the public a clear statement. . ... In his ' Treatise on Probate Court Business ' his intimate official acquaintance with the sub- ject makes him master of details so minute, that none can follow him through them but members of the profession or parties interested in some particular processes. To them he gives valu- able information." — Morning Post. " In a convenient shape this book gives particulars concerning the various Courts, Eegistries, and Departments of Doctors' Commons and the Probate Court, and illustrates the official requirements and modes of procedure in connection with the business of each. It is a volume likely to be useful to a large class." — Globe. " Mr. Foster, who for a very lengthened period has been connected with the Prerogative and Probate Courts, has given the public the result of his experience in an excellent work, which is one that we may conscientiously recommend."- - Standard. "The numerous forms set out in the Appendix serve to make the work one of great utility and convenience." — Observer. " A clear and much required volume." — Birmingham Daily Gazette. " A most valuable manual." — Western Daily Mercury. " The character of this work is well indicated by its title. Full information is given in its pages respecting the Business of Doctors' Commons." — City Press. " We can safely congratulate Mr. Foster upon having com- pressed into this Manual of 264 pages such an array of technical and legal knowledge as will justly entitle him to the thanks, not merely of the Profession, but of the public at large." — Freemason. " The Author, a functionary of long standing in the Prerogative and Probate Courts, is evidently conversant with all the technical minutiae of the departments indicated." — Bristol Mercury. " It is a Book which all Lawyers should have in their Libraries." — Leicester Journal. DOCTORS' COMMONS: ITS COURTS AND REGISTRIES, WITH A TREATISE PROBATE COURT BUSINESS, G. J. FOSTER, FORMERLY CLERK OF THE PAPERS OF THE PREROGATIVE COURT OF CANTERBURY, THEN OF HER MAJESTY'S COURT OF PROBATE, NOW RECORD KEEPER. THIRD EDITION LONDON : FEINTED & PUBLISHED BY BEEVES, SON & Co., PLAYHOUSE YARD, BLACKFRIARS, E.C. SOLD BY SHAW & BLAKE, JOHNSON BEOS., AND WM. KIKKMAN, GREAT KNIGHT RIDER STREET, DOCTORS' COMMONS, AND BY ALL BOOKSELLEBS. PEIOE 5s. 1871. Entered at Stationers' Hall. 7/M2- DEDICATION. TO AUGUSTUS FREDERIC BAYFORD, Esq.,L.L.D. SENIOR EEGISTRAE, OF HEE MAJESTY'S COUETS OF PEOBATE AND DIVOECE. CHANCELLOE OF THE DIOCESE OF MANCHESTEE. SlE, It is with great pleasure that, by permission, I dedicate this work to you. Your various associations with Doctors' Commons, your labours connected with the Eeform in the Ecclesiastical Courts, and the position you at present occupy with respect to the Courts of Probate and Divorce, render this dedication peculiarly appropriate. I remain, Sir, Your obliged and obedient servant, G. J. FOSTEE. DOCTORS' COMMONS, ITS COUBTS AND EEGISTEIES, WITH A TREATISE ON PROBATE COUKT BUSINESS. TABLE OP CONTENTS. DEDICATION.— PREFACE TO THIRD EDITION. PAET I. Reform in Ecclesiastical Courts — Establishment of the Courts of Probate and Divorce. PART II. Doctors' Commons — Its Courts and College — Arches Court- - Admiralty Court — Prerogative Court — Appeals Court — Con- sistory Court. PART III. Constitution of the Courts of Probate and Divorce — Testa- mentary Jurisdiction of County Courts. PART IV. Registries and Offices in Doctors' Commons : — The Principal Registry — Its Registrars and Departments — The Record Keepers — Clerks of the Seats — Clerk of the Papers — Calendar Keeper — Eeceiver — Examiners of Engrossments — Sealer — Correspondence Department — Personal Applications' Department — Literary De- partment — Depository for the "Wills of Living Persons — The Divorce Registry — Admiralty Eegistry — Arches Eegistry — Con- sistory Registry — Appeals Eegistry — Surrey Eegistry — Eegistry of the Archdeaconry of Surrey — Faculty Office — Vicar-General's Office— Office of the Queen's Proctor— Office of the Marshal of the Admiralty — District Eegistries. PAET V. A Treatise on Probate Court Business. CHAPTER I. Of bringing Wills of Deceased Persons into the Principal Registry: — For Grants in Common Form — By Subpoena — On Motion — On Eenunciation — From Lunacy Office — On issuing Citation to accept or refuse Probate, &c. — With Affidavit of Scripts — From the District Eegistries — With Affidavit when the Will or Testamentary Paper has not been properly executed. CHAPTER II. Citations. Citations in Non-Contentious Business : — To accept or refuse Probate — Administration Will, or Administration. Citations in Contentious Business : — To see a Will proved — To bring in Probate — To Propound a Will or Testamentary Paper — To bring in Letters of Administration — To see Proceedings — For Inven- tory and Account. CHAPTER III. Motions. Motions ex parte — After Citation to accept or refuse a Grant — In Contentious Business. CHAPTER IV. Summonses and Orders. CHAPTER V. Proceedings by Petition. CHAPTER VI. Testamentary Cause. Citation, Caveat, Appearance — Affidavits of Scripts — Citation to see Proceedings — Heir-at-Law — Appointment of Adminis- trator or Eeceiver of Eeal Estate pendente lite — Inventory — • Interveners — Declaration — Plea — Eeplication — Further Pleadings — Demurrer — Issue — Notice as to Mode of Trial — Motion for Directions as to Mode of Trial — Record — Setting Cause down for Trial or Hearing — Questions for Jury — Notice to Admit and Produce — Evidence — Special Jury Panel — Hearing or Trial — Trying Issue at Assizes — Entry on the Eecord — New Trial — Eehearing — Appeal — Obtaining Grant after Termination of Contentious Proceedings. CHAPTER VII. Interest Cause — Suit in forma Pauperis. CHAPTER VIII. Attachment — Fieri Facias — Sequestration — Paying Money into and out of Court — Administrators pendente lite — Receivers of Eeal Estate: — Bills of Costs. CHAPTER IX. Begistrars' Orders. Order for Grant after discontinuance of Contentious Proceed- ings — After Conditional Order on Motion or in a Cause — For Grant after Citation to accept or refuse — For Eevocation of Grant — For Appointment of Guardian — To bring in Will for safe Custody on Eenunciation of Executors, &c. — On Renun- ciation of Executor to whom Power has been reserved — For Alteration of Grant — For Notation of Domicile — For Sub- poena to bring in Testamentary Paper — To found Jurisdiction of County Court — Miscellaneous Orders. APPENDIX. 1 Abstract of Citation for Insertion in Newspaper. 2 Advertisement for Information as to Party. 3 Affidavit as to no Information. 4 Affidavit to lead Eevocation of Probate. 5 Affidavit of Service, and Non-Attendance on Summons. 6 Affidavit of Debt to lead Citation. 7 Affidavit of Service of Citation. 8 Affidavit as to Insertion of Advertisement for next of kin. 9 Affidavit as to Insertion of Advertisement for the Recovery of a Lost Will. 10 Affidavit in Proof of Lunacy. 1 1 Affidavit on accepting Guardianship of Infant. 12 Attachment and Praecipe. 13 Bond for Security for Costs. 14 Bond, Assignment of. 15 Bond to be Executed by a Eeceiver of Beal Estate pending Suit. 1 6 Citation to see Will Proved. 1 7 Citation to bring in Probate. 18 Citation to bring in Administration. 19 Citation to see Proceedings. 20 Citation against Residuary Legatee, and Legatees to Pro- pound Paper Writings. 21 Citation at the Instance of Creditor v. Executors who Proved Will in Lisbon, and Eesiduary Legatee to accept or refuse Probate or Administration Will of Copy Will. 22 Citation against Universal Legatee to accept or refuse Administration Will at Instance of Creditor. 23 Citation at the Instance of Executor of Creditor v. Sister to accept or refuse Administration. 24 Citation at the Instance of a Legatee v. Executor and Eesiduary Legatee to accept or refuse Probate or Ad- ministration Will of Copy Will — the Original being Lost. 25 Citation by Assigned Guardian against Next of Kin. 26 Citation at the Instance of Sister claiming to be Next of Kin v. Parties claiming to be Children to Propound Interest. 27 Citation at the Instance of Eesiduary Legatee v. Executor to whom Power was reserved to accept or refuse Pro- bate. 28 Citation at the Instance of Creditors (Co-Partners in Trade) v. a Minor Child to accept or refuse Administration — Widow Renouncing for Herself and two other Children. 29 Citation at the Instance of Creditor v. Widow and Father to accept or refuse Administration. 30 Citation against the Husband by a Creditor of the Estate. 31 Citation against the Next of Kin (if any) and all Persons in General. 32 Citation to exhibit Inventory and Account. 33 Citation at the Instance of Administratrix of Son v. the Surviving Executor and Eesiduary Legatee for Life in case of Son's Death to Propound a Copy of a Copv of a Will. 34 Citation to accept or refuse Administration or show Cause why Limited Administration should not be Granted. 35 Citation to see Will Proved in Solemn Form, voluntarily Propounded after having been Proved in Common Form. 36 Citation to see Draft of destroyed Will Proved in Solemn Form. 37 Citations which Issued from the Prerogative Court during Three Years. 38 Commission for Examination of Witnesses. 39 Com m ission with directions to employ an Interpreter. 40 Commission, and to Examine on Interrogatories. 41 Consent of the other Next of Kin to a Grant being made jointly to Eelict and one Next of Kin. 42 Election by Minors of a Guardian. 43 Election of Guardian to Renounce. 44 Inventory. 45 Motion Case. 4G Do. 47 Oaths by Commissioners, &c, on taking Examination. 48 Orders on Summonses. 49 Renunciation of Probate and Administration with the Will annexed. 50 Renunciation of Administration. 51 Renunciation and Consent. 52 Renunciation of Guardianship. 53 Requisition for the Examination of Witnesses. 54 Return of Examination taken by District Registrar. 55 Return of Examination taken by Special Examiner. Summonses — See Orders. 56 Subpoena to a Witness to be Examined, touching a Testa- mentary Paper of which he is supposed to have knowledge. Writ of Attachment — See Attachment, Form 12. 57 Writ of Fieri Facias and Praecipe. 58 Writ of Sequestration against Real and Personal Estate. 59 Writ of Sequestration against Real Estate. 60 Writ of Sequestration and Assistance. 61 List of Forms which may be obtained in the Registry. 62 List of Forms which may be obtained from the Stationers. INDEX, Page 241. PREFACE TO THE THIRD EDITION. Two large Editions of this work having become exhausted may justify the assertion that a Third Edition is required. This success is not surprising, as the Author was practically acquainted with the requirement the Work was intended to supply. Indeed, in one of the Reviews it is said " We are not surprised at Mr. Fostbe's Book reaching a Second Edition, and he may be justified in expecting that time will add fresh honours to his Work."* When the Book was first issued the Writer expressed a hope that it would " not receive a harsh or unjust criticism." It has been received with uniform kindness. For this he tenders his sincere thanks to the Press, the Profession, and to those with whom he is publicly associated. When the Author was Clerk of the Papers he had the satis- faction of seeing this Book constantly in use, and in order that it may be still further in the hands of those by whom the Business of which it treats is practically transacted, he has adopted a suggestion and caused this cheaper Edition to be issued. *Law Journal, August, 1869. DOCTORS' COMMONS: ITS COURTS AND REGISTRIES, WITH A TREATISE ON PROBATE COURT BUSINESS. x^-A/est x. EEFOEM IN ECCLESIASTICAL COURTS: ESTABLISHMENT OF THE COURTS OF PROBATE AND DIVORCE. Prior to the year 1858 there were 372 Ecclesiastical Courts having Testamentary Jurisdiction in England. Their several names and numbers are thus stated :* Provincial and Diocesan Courts . . . Courts of Bishops' Commissaries Archidiaconal Courts Peculiar Jurisdictions. Royal Archiepiscopal and Episcopal Decanal, SubdecanaL &c Prebendal Rectorial and Vicarial Other Peculiars Courts of Lords of Manors 3(3 14 37 11 14 44 88 63 17 48 372 The greater portion of the Wills and Records connected with these Courts were kept in secure and appropriate ♦Ecclesiastical Report, 1832. 2 • DOCTOKS' COMMONS. Eegistries. Some were deposited in Cathedral Churches, Bishops' Palaces, Cloisters of Cathedrals, Eegistrars' and Deputy Eegistrars' houses, Colleges, Muniment rooms, Churches, Abbeys, Lords of the Manor's houses, Chapter houses, Stewards' offices, and private dwelling houses, Eectors' and Vicars' residences, Court houses, Mansion houses, Chapels and Eooms in Deaneries and over Gateways. Two interesting Histories of this Ecclesiastical Jurisdic- tion by Proctors in Doctors' Commons exist. One by H. C. Coote, Esq., being the introduction to his " Ecclesiastical Practice." (1) The other, " A Sketch of the " Origin and Early Progress of the Ecclesiastical Juris- " diction," (2) by Edwin Edwards, Esquire. It is beyond the purpose of this Book to treat either of the origin or progress of this Jurisdiction, but one or two quotations will place the origin of these Courts favorably before the reader. Mr. Coote says, there is little doubt that " the establishment of the Ecclesiastical Courts gave a " higher tone and character to the general judicature of the " Country," and Mr. Edwards observes, " there can be no " doubt that the Clergy received the warmest encourage- " ment from the people in the exercise of their authority " over Wills." Tracing then the existence of these Courts through some Centuries, their " abuses " appear to have been remedied and their Testamentary Jurisdiction made tolerable by occasional Acts of Parliament, and according to another modern writer they appear to have been " productive of a "sufficient amount of good to outweigh their imperfec- tions." (3). For many years past, however, the necessity for reform in the Ecclesiastical Courts has been admitted. It was frequently alleged that "they were too numerous," and "hi " the judgment of their warmest partisans required exten- sive reform." Accordingly, in the year 1830 a Commission issued from the Crown to inquire into the Practice and Jurisdiction of the Ecclesiastical Courts. The result of this was a Eeport in the year 1832, recommending the abolition of Diocesan and inferior Courts, and the establishment of one Court in each of the Provinces of Canterbury and York. (1) Published 1S17. (2) Published 1S53. (3) Anonymous. ITS COURTS. 3 From this period many Legislative attempts were made to reform these Courts. In 1835 a Bill was introduced into Parliament, having for its object to provide one Testamentary Court for each Province. In the same year a Bill was introduced for the estab- lishment of one Court only. In 1836 a Bill was brought in to establish one Court for England and Wales, to be called "His Majesty's Court " of Probate." In the same year a Bill was brought in, the object of which was to alter the Local Jurisdiction of all Ecclesi- astical Courts, giving to the Prerogative Court exclusive Jurisdiction in London and the Counties around it, and assigning a limited Jurisdiction to the other Courts. . In 1843 a Bill was presented to consolidate the Testa- mentary Jurisdiction of England in the Court of Arches. In the same year a Bill was brought in to consolidate the Arches and Prerogative Courts. In 1844 a Bill was brought in to establish Metropolitan and Diocesan Courts throughout the kingdom, and give contentious Jurisdiction to each. In 1845 a Bill was brought in to establish one Court of Probate in London. And thus, until 1857 the question of reforming the Ecclesiastical Courts was constantly tinder the consideration of the Legislature. In that year Parliament passed " an Act to amend the Law relating to Probate and Letters of Administration in England," and "an Act to amend the Law relating to Divorce and Matrimonial Causes in England." By virtue of an Order in Council these Acts came into operation on the 11th January, 1858. By the first of these Acts, called " the Court of Probate " Act, 1857," all Ecclesiastical Testamentary Jurisdiction was abolished, and that Jurisdiction was vested in Her Majesty to be exercised in a Court to be called " the Court of Probate." By the Divorce Act all Ecclesiastical Jurisdiction in Causes, Suits and Matters Matrimonial, except so far as relates to the granting of Marriage Licences was abolished, and this Jurisdiction was vested in Her Majesty to be exercised in a Court to be called " the Court for Divorce " and Matrimonial Causes." B 2 4 DOCTOKS' COMMONS. In these Courts, Serjeants and Barristers at Law, and Solicitors and Attornies were admitted to practise as well as Advocates and Proctors. The effect in Doctors' Commons of this Eeform in the Ecclesiastical Courts, particularly with reference to the Testamentary Jurisdiction was considerable. The chief Ecclesiastical Courts in the kingdom, viz. ; the Prerogative Court of Canterbury and the Court of Arches were in Doctors' Commons. The Jurisdiction of the Pre- rogative Court was entirely of a Testamentary character, consequently that Court became extinct. The Court of Appeals also ceased to exist. On the 12th January, 1858, the Judge of the Court of Probate held his first Court, it was at Westminster, and the Courts of Probate and Divorce have ever since been held there. The Arches Court, the Admiralty Court, and the Con- sistory Court of the Bishop of London, which had hitherto held their Sittings in the Common Hall of Doctors' Com- mons, removed therefrom. The College of the Advocates was vacated, and the Hall in which these Courts were held and the College have since been destroyed. The Eegistries attached to these Courts still remain in Doctors' Commons. The Prerogative Office or Eegistry of the Prerogative Court, was taken by Government and became, and now is, the Principal Eegistry of Her Majesty's Court of Probate. In the subsequent parts of this Book further details will appear of the effect the Eeform of the Ecclesiastical Courts produced in Doctors' Commons. DOCTOES' COMMONS. 5 PABT II. DOCTORS' COMMONS: ITS COUETS AND COLLEGE: AECHES COUET: ADMIEALTY COUET : PEEEOGATIVE COUET : APPEALS COUET: CONSISTOEY COUET. Between St. Paul's Cathedral and the Thames there is a Street called Great Knight Eider Street. At the end of this Street, adjoining Bennet's Hill there recently stood the College of the Doctors' of Civil and Canon Laws. This College consisted of a Court or Common Hall with a Library and Dining room attached, and a number of houses in which the Judges and Advocates of the Court resided or had Chambers. The houses enclosed two Court yards, the largest of which had the main entrance. It was an archway facing Great Knight Eider Street ; opposite this archway, across the yard, there was another archway, on the left of which were two doors opening into the court ; on the right of the court, as entered, was the Dining room, and above that the Library. Through this second archway was another Court yard and a Garden belonging to the College. Eespecting the origin of this College, it appears* that before the Eeign of Henry the VIII the Civilians or Doctors' of the Civil and Canon Law did not form a distinct Society, but about the beginning of that Eeign, Dr. Eichard Bodewell, Dean of the Arches and other Civilians and Canonists formed a Plan of Association and agreed to dwell in contiguous houses and enjoy a community of board. The Dean, by virtue of his office became the first President of the Society, which was by him denominated " the College of Doctors and Advocates of the Court of Arches," at that time all the Advocates not being Doctors of Laws. For more than fifty years from this voluntary incorporation there appears to have been no record of the particular spot which the * See Dr. Coote's Catalogue of Civilians, 1804, ana Law Magazine, October, I860, fa DOCTORS COMMONS. Members occupied, but in February, 1568, Dr. Henry Hervey, Dean of the Arches, procured from the Dean and Chapter of the Diocese of London, a Lease of Mountjoy House and other buildings in the Parish of St. Benet, Paul's Wharf for the use and accommodation of the Advo- cates. Mountjoy House was a "ruinous building," and stood on the site of this College. Dr. Hervey made a present of it to the Judges and Advocates of that period and they repaired it so as to make it habitable. The Doctors then took up their abode there. Their " community of board " or " dining in common " was the origin of the name " Doctors' Commons." Mountjoy House was destroyed in the Great Fire of London, in the Autumn of 1666. That fire has been described as " a sea of flame, two miles in length and one in breadth, and destroyed 13,000 houses and 87 Parish churches, and it left the site of St. Paul's a smouldering heap of ruins." After the destruction of Mountjoy House the Civilians held their Courts at Exeter House, in the Strand. In 1670 they, however, obtained a new lease of the property from the Dean and Chapter for sixty years, and shortly afterwards commenced re-building the College. In 1672 the College was re-built, and then Charles the II authorized and required the Doctors to occupy it. The Court of Arches ; the Prerogative Court of Canter- bury : the Court of the Bishop of London ; and also the Court of Admiralty (except for Criminal cases) were thenceforward held in the Common Hall of this College. From the period of this establishment of Doctors' Com- mons no great change appears to have taken place until the year 1858, although another Court, called the "Appeals" had been added to the Courts already mentioned. The Order of these Courts on the Term Cards stood thus: Arches, Admiralty, Prerogative, Appeals, Consistory. Taking them in this order, a brief reference will now be made to each, with a view of showing how they have been severally affected by the Eeform in the Ecclesiastical Courts. ARCHES COUET. ARCHES COURT The Arches Court is the highest Ecclesiastical Court in the Province of Canterbury, being the Court of the Arch- bishop. " After the elevation of the First 'William to the English Throne, says a learned Civilian, (1) every Prelate had a regular Court in which he or his Chancellor took cognizance of acts of impiety and breaches of morality, and decided Eeligious, Matrimonial and Testamentary Causes. The highest Court of this kind was that of the Arches, so called from Bow Church, in which it was holden." Or, according to another account, (2) " Arches or Court of Arches, the chief Consistory belonging to the Archbishop of Canterbury, for debating of spiritual Causes, so called, because it is kept in Bow Church, the top of whose steeple is raised of stone pillars, builded archwise like so niany bent bows" Eespecting the Testamentary Jurisdiction of this Court, it appears that " in 1443 Archbishop Stafford removed for ever from the Court of Arches (of which his official princi- pal was Judge) its original Jurisdiction over Wills and Intestacies, transferring the discharge of the office of the Prerogative to an entirely new functionary, who should preside in a distinct and separate Court, dignified with the appellation and style of Commissary of the Prerogative Court of Canterbury."! By the Act to amend the Law relating to Divorce and Matrimonial Causes in England, passed in 1857, the Jurisdiction of the Court of Arches in causes of this nature was abolished, hence its Jurisdiction is now limited to questions of morality and religion. The Court decides questions of Church rates, Pew rights Desecration of Church yards, Demolition of Churches, (1) Dr. Coote's Catalogue of Civilians, 1S01. (2) Philip's Dictionary, 1671. t Cooto's Ecclesiastical Practice, preface, page 81, 8 ADMIRALTY COURT. Alterations in Churches without a Faculty ; against grant- ing a Faculty, offences under the Church discipline Act, Sequestration for debts, Suits for Faculties for erecting Churches ; for erecting Schools in Church yards ; for Tab- lets, or Grave stones ; for removing Bodies, &c. It disposes of Suits of this nature by Letters of Bequest from inferior Ecclesiastical Courts, which it is said are in almost every case issued, as a matter of course, by the Judges of such Courts and by virtue of which their Jurisdiction is waived, and the Cause is commenced at once in the Court of Arches ; this practice is founded on the advantage to all parties, of engaging in the first in- stance the superior skill and experience of the Froctors, Advocates, Officials and Judge of the higher Court. The Court of Arches is also a Court of Appeal, from inferior Ecclesiastical Courts within the Brovince, its Appellate Jurisdiction extending over all causes cognizable in these Courts. The Court is now held at Westminster. ADMIEALTY COUKT. In an interesting " Treatise on the Jurisdiction of the Hi«h Court of Admiralty of England;"* by Edwin Edwards, Esq., one of the Broctors of Doctors' Commons, it is said that " before England had a Fleet, viz., a navy so organized as to deserve the name, there appears to have been a great Officer of State who was intrusted with the custody of the Sea ; such person being called in those Commissions which are preserved to us, the Custos maris and his charge was said to be that of Maritime England." " All the Commissions or Fatents, from the King to his Admirals, previous to the reign of King John, are lost, so that we are unable to observe what were the kind' of • Published 1817, ADMIRALTY COURT. 9 duties which belonged to this Officer. The duties of the Admirals who succeeded as well to the custody of the Sea, as to that of the Fleet, appear to have been not only to command Ships in battle, and to superintend the naval strength of the kingdom, but to administer justice in all Causes arising on the Seas. The latter duties are now, as heretofore, executed by the High Court of Admiralty, the former are now under the control of that Department of the Government, called the Admiralty." " The authority of the Admiral was deputed, but the greatest obscurity remains as to when the Admiral first received his judicial authority from the Crown, and it is no unfair presumption that we are indebted to King Edward the First for the better establishing the jurisdiction of the Admirals, and perhaps for the organization of the first Admiralty Court which deserved the name." Eespecting Jurisdiction, it is said that by a very early Statute relating to the Admiralty Jurisdiction, it was enacted that the Admiralty Court should have no authority to try causes within the bodies of Counties, but only those arising upon the High Seas. In an elaborate Work by another Proctor it is said. " The High Court of Admiralty is, strictly speaking, the Court of the Lord High Admiral of England, the Judge being styled his Lieutenant, but since the office of the Lord High Admiral has been in Commission the Judge has been appointed by the Crown, and the process of the Court has issued in the name of the Sovereign."* The Judge is appointed by Letters Patent, under the Great Seal of the United Kingdom, which constitute him official Principal and Commissary General and Special in the High Court of Admiralty of England, and Lieutenant and Judge of the same. The Jurisdiction of this Court is of a two-fold nature, there is the Instance Court, and the Prize Court. By virtue of his Patent the Judge exercises the Instance Jurisdiction, which consists of Causes relating to Salvage, Damage by collision, Bottomry, Actions for Necessaries supplied to Foreign Ships, Towage, Wages, Pilotage, Pos- session and other such questions. The Prize Jurisdiction relates to Cases of disputed Cap- ture, and seizures of a Maritime nature in time of War. • Pritchard's Admiralty Digest, 1865. 10 ADMIRALTY COURT. The Prize Jurisdiction originates in a Commission under the sign Manual and the Great Seal of the United king- dom, addressed to the Lords Commissioners of the Admi- ralty for the time being. This Commission recites that His Majesty with the advice of His Privy Council, has ordered that general reprisals should be granted against the ships, goods and subjects of a certain power, therein named, subject to such exceptions as His Majesty may at any time thereafter be pleased to declare ; and the Com- mission, therefore, authorises and enjoins the Commissioners of the Admiralty to require the High Court of Admiralty of England, and the Lieutenant and Judge of the said Court and his Surrogates, and they are thereby authorized and required judicially to proceed upon all captures, seizures, and prizes of ships, vessels, and goods taken, and to hear and determine the same according to the course of Admiralty and Law of Nations ; and to adjudge and condemn all such ships, vessels, and goods as shall belong to the power named, or to any persons being sub- jects of, or inhabiting within the territories of the same, saving such exceptions as His Majesty might at any time be pleased to declare. Upon the authority of this Com- mission a Warrant is issued by the Lords Commissioners of the Admiralty, requiring the High Court of Admiralty of England, and the Lieutenant and Judge of such Court and his Surrogates judicially to proceed upon the captures, seizures and prizes, and, according to the course of Admi- ralty and Law of Nations to condemn all such ships, vessels and goods as shall belong to the Country, and persons named or described in the Original Commission (with the exceptions therein referred to), which will be brought before the Judge for trial and condemnation. His Majesty's Commission above mentioned, and the Warrant of the Lords Commissioners of the Admiralty being presented to the Judge by the Eegistrar of the Court, or his Deputy, the Judge on behalf of himself and his Surrogates, accepts the same and decrees to proceed accord- ing to the tenor of such Commission and Warrant, of which acceptance a memorandum is entered in the Eecords of the Court of Admiralty. (1). A separate Commission and Warrant usually issues to authorize the seizure of and adjudication upon the vessels of each state against which War is declared. (2). (1) Commissioners Report, 1824. (2) PritcharcTs Admiralty Digest. ADMIRALTY COURT. 11 The criminal Jurisdiction of this Court was formerly as extensive as its civil Jurisdiction. The Admiralty Session for Trial of Criminal Causes ' (Murder at Sea, Piracy, &c), was for many years held at the Sessions house, in the Old Bailey. The civil Court was formerly held at St. Margaret's Hill, Southwark, but for many years past its Sittings were held in the Common Hall of Doctors' Commons. " In the afternoon (says an old writer) of the same day" "whereon, the Court of Arches is held the Court of Admiralty also sits for the decision of Maritime con- troversies ;"* hence it appears that its business was not so extensive as it has been of late years. It has long since had its regular Court days, in common with the other Courts. The Advocates and Proctors of the Court of Arches were entitled to practise in the Admiralty Court upon being admitted by the Judge. .In 1859, it was enacted by Parliament that all Ser- jeants and Barristers-at-Law, and all Attornies-at-Law and Solicitors should be entitled to practise as Serjeants, Barristers, Attornies and Solicitors respectively, in all matters and causes whatsoever in Her Majesty's High Court of Admiralty. ' The Admiralty Court now holds its Sittings at West- minster, under an Order in Council of the 23rd January, 1860. PREROGATIVE COUKT. The Prerogative Court of Canterbury was the Chief Testa- mentary Court in England. Its Jurisdiction was entirely of a Testamentary nature, consequently when the Testa- mentary Jurisdiction was transferred to the Court of Probate, the Prerogative Court ceased to exist. The origin of this Court has been mentioned in speaking of the Arches Court. The Judge and principal Eegistrar were appointed by the Archbishop of Canterbury. The duties of the Registrar were performed by three Deputy Registrars, who were appointed by the Eegistrar, subject to approval by the Judge, and confirmation of the appointment by the Arch- * The ProctorB' Practice, by P. Ployer, 1746. 12 PREROGATIVE COURT. bishop. The Prerogative Court had Jurisdiction of all Wills and Administrations of personal property, left by persons having bona notabilia, or effects of a certain value, in divers Jurisdictions within the province. Eespecting bona notabilia, Blackstone says,* " if all the goods of the deceased lie within the same Jurisdiction a Probate before the Ordinary, or an Administration granted by him are the only proper ones ; but if the deceased had bona notabilia or chattels to the value of a hundred shillings in two distinct dioceses or Jurisdictions, then the Will must be proved, or Administration taken out before the Metropolitan of the Province, by way of special Prerogative, Avhence the Courts where the validity of such Wills is tried and the offices where they are registered, are called the Prerogative Courts and the Prerogative Offices of the Provinces of Canterbury and York. A Prerogative is therefore very prudently vested in the Metropolitan of each Province to make in such Case one Administration serve for all." But the Law of bona notabilia was not so simple as here represented. In the Commissioners Eeport of 1832, it is said, " the Law' on the subject of bona notabilia is extremely compli- cated and ill denned. In all cases where Probate or Administration is taken out in any Court within the Pro- vince of Canterbury, except from the Prerogative Court, or perhaps a Eoyal Peculiar and in some cases other Peculiars ; if it should afterwards appear that the deceased died possessed of bona notabilia within another Jurisdiction, the Probate or Administration is null and void. Bona notabilia are said to be constituted by the possession of personal property to the amount of £5 in another Juris- diction. In some of the older cases, there are many nice discussions as to the amount and mode by which bona notabilia shall be determined." This Law of bona notabilia and the mode of takino- evidence in writing were two of the principal objections urged against the Ecclesiastical Courts. The Prerogative Court was formerly held in the Con- sistory of St. Paul's, and after its removal to Doctors' Commons it appears to have been held in the Common Hall, in the afternoon, and in the Dining Eoom, in the morning.f * Vol 2, Page 508. t Floyer's Prootors' Practice, 1746. APPEALS COURT. 13 The Dining Room appears in former years to have been often used as a Court, but it was very seldom so used in modern times. The business of the Prerogative Court was so extensive as to form the chief source of emolument to the entire profession in Doctors' Commons. APPEALS COURT. In this Court the preliminary steps were taken in Eccle- siastical, Testamentary, and Maritime Causes referred to the Judicial Committee of Her Majesty's Most Honorable Privy Council. Prior to the year 1832, the Court of Delegates was the Court of Appeal from the superior Ecclesiastical-Courts of London and York, but its anomalies and defects gave much dissatisfaction. Ecclesiastical Commissioners were therefore required by a Commission from the Lord Chancellor, dated 12th January, 1831, to report specially and immediately on the Jurisdiction of the Court of Delegates and the expediency of transferring that Jurisdiction to the Privy Council. A special report was accordingly soon afterwards made. It recommended that the Appellate Jurisdiction of the Court of Delegates should be transferred to the Judicial Committee of the Privy Council, regulations being made to ensure regular sittings, and a due attendance of Privy Counsellors conversant with legal principles. An Act of Parliament to carry out this recommendation passed in 1832. Appeals were then made to the Privy Council and the preliminary steps in the Causes were taken before a Surrogate in the Court of Appeals, held in the Common Hall of Doctors' Commons. Speaking of the Court of Delegates an old writer says, " the highest Court of all is the Court of Delegates, so called because the Judges are delegated, and sit by force of the King's Commission under the Great Seal, upon Appeals to him in his High Court of Chancery."* The Court was constituted for each separate case. In ordinary causes the Delegates were three puisne Judges, one from each Court of Common Law, and three * ITloyer's Proctors Practice, 1716. 14 CONSISTOKY COUET. or more Civilians, but in special cases a fuller commission sometimes issued consisting of spiritual and temporal Peers, Judges of the Common Law and Civilians, usually three of each description. The decision of the Court was final, no further Appeal lying as matter of right ; but a Petition might be presented to His Majesty in Council for a Commission of Beview. This Petition was referred to the Lord Chancellor, who after hearing Counsel advised His Majesty thereon. (1). The Court was held in the Dining Boom of Doctors' Commons the day after the Prerogative; but when Sentence was given it was held in Serjeant's Inn Hall, in Chancery Lane. Under the Probate Act of 1857/- Appeals from any final or interlocutory Decree or Order of the Court of Probate are now made to the House of Lords, and under the Divorce Act of 1857, Appeals from the Judge Ordinary of the Divorce Court are made to the full Court,t and from the full Court to the House of Lords. (4). In Maritime Cases also the preliminary proceedings in Appeals are no longer taken before a Surrogate of the Judicial Committee, but hi the Eegistry of Her Majesty's Court of Appeals in Ecclesiastical and Maritime Causes in Doctors' Commons. The Court of Appeals therefore formerly held in the Common Hall of Doctors' Commons has ceased to exist. CONSISTORY COURT. The Consistory Court of the Bishop of London was held in the Common Hall of Doctors' Commons. It has been affected in two ways by the operation of the Probate Act. Its Testamentary Jurisdiction has been abolished and its locality changed. In other respects it is unaltered. It grants Faculties for the consecration and alteration of Churches and Burial Grounds, for removal of Corpses, hears all Causes under the Church Discipline Act within the diocese of London, and cases of subtraction of Church Eates, perturbation of Seats, &c. Its sittings are now held at Westminster. (1) Ecclesiastical Report 1832. * Sec. 39. t Sec : 5o. (4) Sec. 66. MJOBATJG COURT. 15 ^.A-iest in. CONSTITUTION OF THE COURTS OF PEOBATE AND DIVORCE— COUNTY COURTS. PROBATE COURT. The Court of Probate was established under "An Act to Establishment amend the Law relating to Probates and Letters of Admin- of theCourt istration in England," passed in 1852 . The preamble to the Act recites that, "Whereas it is expedient that all juris- diction hi relation to the grant and revocation of Probates of Wills and Letters of Administration in England should be exercised hi the name of Her Majesty by one Court." It is enacted that, "The voluntary and contentious jurisdic- tion and authority of all Ecclesiastical, Royal Peculiar, Manorial, and other Courts and persons in England now having jurisdiction or authority to grant or revoke Probate of Wills or Letters of Administration of the effects of deceased persons, shall in respect of such matters absolutely cease." (a) And " The voluntary and contentious jurisdic- tion and authority in relation to the granting or revoking Probate of Wills and Letters of Administration of the effects of deceased persons now vested in, or which can be exercised by any Court or person in England, together with full authority to hear and determine all questions relating to matters and causes testamentary, shall belong to and be vested in Her Majesty, and shall (except as therein after is mentioned,) be exercised in the name of Her Majesty in a Court to be called 'The Court of Probate.' " (b) That there shall be one Judge of Her Majesty's Court of Probate, and Judge, it shall be lawful for Her Majesty from time to time, by letters patent under the Great Seal of the United Kingdom, to appoint a person, being or having been an Advocate of (a) Sec. 3. (b) Sec. i 16 PROBATE Registrars. Advocates. Barristers. 10 years standing, or a Barrister-at-Law of 15 years stand- ing, to be such Judge, (c) The Judge shall have rank and precedence with the Puisne Judges of Her Majesty's Su- perior Courts of Common Law at "Westminster, according to the date of his appointment, (d) The Act further directs that there shall be three Eegistrars, two Eecord Keepers, and one Sealer for the principal Eegistry of the Court of Probate, and that there shall be one District Eegistrar for each District Eegistry, and so many clerks and other officers for the Court and the Principal Eegistry as the Judge of the Court, with the sanction of the Commissioners of Her Majesty's Treasury may from time to time think fit. (By sec. 6 of the Court of Probate Act of 1858, the Judge may appoint a fourth Eegistrar for the principal Eegistry.) The 40th section of the Probate Act of 1857 provides that Advocates of the Ecclesiastical Courts shall be entitled to practise as Advocates or Counsel in all matters and causes whatsoever in the Court of Probate; and all Serjeants and Barristers-at-Law shall be entitled to practise as Ad- vocates or Counsel in all contentious matters and causes in the said Court. The 2nd sect, of the Act, 1858, enacts that, "All Serjeants and Barristers-at-Law shall be entitled from and after the passing of this Act to practise in all causes and matters whatsoever in the Court of Probate." The 42nd sect, of the Act of 1857 provides that Proctors in the Courts in Doctors' Commons, or in the Prerogative Court of York, or in any Diocesan or Archidiaconal Court, may be admitted as Proctors in the Court of Probate. The 43rd sect, of the same Act provides that the Eegistrar or Deputy Eegistrar of any Ecclesiastical Court may, upon stated conditions, be admitted as a Solicitor of the High Court of Chancery, and be afterwards admitted and enrolled as an Attorney of Her Majesty's superior Courts. The 45th sect, of the same Act provides, "That all Solicitors and Attornies-at-Law may practise in the Court of Probate, commissioners and that the Commissioners for taking Oaths in the Hi^h Court of Chancery shall be Commissioners for taking Oaths in the Court of Probate." The Judge is directed to cause Seals to be made for the Court of Probate: one seal to be used in its ~ principal Eegistry, and separate seals to be used in the several District Eegistries; and he may cause the same respectively (o) Sec. 6. (d) Sec. S. Solicitors. for talcing Oaths. Seals. COURT. 17 from time to time to be broken, altered and renewed at his discretion ; and all Probates, Letters of Administration, Orders and other Instruments, and Exemplifications and copies thereof respectively, purporting to be sealed with any seal of the Court of Probate, shall in all parts of the United Kingdom be received in evidence without further proof thereof, (f) The Court of Probate is constituted a g^? f Court of Eecord. Suits for Legacies and suits for the Dis- tribution of Eesidues are not to be entertained, (g) It may require the attendance of any party in person, or of any person whom it may think fit to examine or cause to be examined in any suit or other proceeding in respect of matters or causes testamentary, and may examine or cause to be examined upon oath or affirmation, as the case may Examination -i of Witnesses require, parties and witnesses by word of mouth and may, either before or after or with or without such examination, cause them to be examined on interrogatories, or receive their affidavits or solemn affirmations ; and may by writ require their attendance, and order to be produced before itself or otherwise any deeds, evidences, or writings, in the same form, or nearly, as may be, as that in which a writ of subpoena, ad testificandum, or of subpoena duces tecum. is now issued by any of Her Majesty's superior Courts of Law at Westminster; and every person disobeying any such writ is to be considered as in contempt of the Court, and be liable to forfeit a sum not exceeding one hundred pounds, (h) The Court has the like powers, jurisdiction, and authority p™^^ for enforcing the attendance of persons and for punishing LcTLla persons failing, neglecting, or refusing to produce deeds, v™^™ Deeas - evidences, or writings, or refusing to appear or to be sworn, or make affirmation or declaration, or to give evidence, or who are guilty of contempt, and generally for enforcing all orders, decrees, and judgments as are by law vested in the High Court of Chancery for such purposes, (i) The Court of Probate may also on motion or petition, or otherwise, in a summary way, whether any suit or other proceeding be or be not pending, order any person to pro- duce and bring into the Principal or any District Kegistry, or otherwise as the Court may direct, any paper or writing produotionof being or purporting to be testamentary, which may be Pap6rs . shown to be in the possession or under the control of such (t) Sec. 22, (a) Sec. 23. (h) Sec. 24. d) Sec. 25. C 18 PEOBATE Oral Examina- tion. Affidavits. E7id9nce, Wit- ness ont of Jurisdiction or ill. Rules of Evi- dence. person ; and if it be not shown that any such paper or writing is in the possession or under the control of such person, but it shall appear that there are reasonable grounds for believing that he has the knowledge of any such paper or writing, the Court may direct such person to attend for the purpose of being examined in open Court, or upon in- terrogatories respecting the same, and such person is bound to answer such questions or interrogatories, and, if so ordered, to produce and bring in such paper or writing, and is subject to the like process of contempt in case of defaydt in not attending or in not answering such questions or in- terrogatories, or not bringing in such paper or writing, as he would be subject to in case he had been a party to a suit in the Court, and had made such default; and the costs of any such motion, petition, or other proceeding are in the discretion of the Court, (k) Subject to the regulations to be established by rules and orders, the witnesses, and where necessary the parties, in all contentious matters where their attendance can be had, are to be examined orally by or before the Judge in open Court ; provided that, subject to any such regulations, the parties shall be at liberty to verify their respective cases, in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, be subject to be cross-examined by or on behalf of such opposite party orally in open Court, and after such cross-examination may be re-examined orally in open Court by or on behalf of the party by whom such affidavit was filed, (l) Where a Witness is out of the jurisdiction of the Court, or where, by reason of his illness, or otherwise, the Court does not think fit to enforce his attendance in open Court, the Court may order a Commission to issue for the examination of such Witness on oath, upon interroga- tories or otherwise, or if the Witness be within the jurisdic- tion of the Court, may order the examination of such Witness on oath, upon interrogatories or otherwise, before any officer of the Court, or other person to be named in such order for the purpose ; and all the powers given to the Courts of Law at Westminster are to extend and be applicable to the Court of Probate, (m) The Eules of Evidence observed in the superior Courts (k) Sec. 26. (t) Sec. 31. (m) Sec. 32. COURT. 19 of Common Law at Westminster are to be applicable to and observed in the trial of all questions of fact in the Court of Probate, (n) The Judge may sit, with the assistance of any Judge or °the r Judges. Judges of any of the superior Courts of Law at Westmin- ster, who, upon the request of the Judge of the Court of Probate, may find it convenient to attend for that purpose, (o) The Judge may cause any question of fact arising in any special or com- suit or proceeding to be tried by a Special or Common Jury mon Juries - before the Court itself, or by means of an issue to be di- rected to any of the superior Courts of Common Law, in the same manner as an issue may now be directed by the Court of Chancery, and such question is to be so tried by a Jury in any case where an Heir-at-Law, cited, or otherwise made Heir-at-Law. party to the suit or proceeding, makes application to the Court of Probate for that purpose ; and in any other case where all the parties to the suit or proceeding concur in such an application, and where any party or parties other than the Heir-at-Law make a like application, (the other party or parties not concurring therein), and the Court refuses to cause such question to be tried by a Jury, such refusal is subject to appeal, (p) The powers of the Court for the trial of questions by a courtL°to Ile Jury are the same as those belonging to any superior Court Jur r- of Common Law or the High Court of Chancery, (q) "When any question is ordered to be tried by a Jury, before the Court itself, such question is to be reduced into Question to t>e writing in such form as the Court shall direct, and at the m WrltinE - trial the Jury is to be sworn to try the question, and a true verdict to give thereon according to the evidence. Upon every such trial the Court of Probate has the same powers, jurisdiction, and authority as any Judge of any of the superior Courts sitting at nisi prius. (e) "Where the Court of Probate directs an issue, it may issue at Assize. direct it to be tried either before a Judge of Assize in any County, or at the Sittings for the Trial of Causes in London or Middlesex, and either by a Special or Common Jury, in like manner as is now done by the Court of Chancery, (s) Any person considering himself aggrieved by any final or interlocutory decree or order of the Court of Probate, may appeal therefrom to the House of Lords, provided that Appeal, no appeal from any interlocutory order is to be made with- (h) Sec. 33. (o) Sec. 34 (p) Sec. 35. ( Attorney or Solicitor, for any Fees, Charges, or Disbursements in respect of any business transacted in the Court of Probate, whether contentious or otherwise, or any matters connected therewith, shall, as well between Proctor or Attorney or Solicitor and Client as between Party and Party, be subject to Taxation by any one of the Eegistrars of the said Court, and the mode in which any such Bill shall be referred for Taxation, and by whom the costs of Taxation shall be paid, shall be regu- lated by the rules and orders to be made under this Act, and the Certificate of the Eegistrar of the amount at which such Bill is taxed shall be subject to appeal to the Judge of the said Court.-f' Fees m stamps. The Fees payable to the Officers of the Court of Probate in respect of business under this Act are not to be received in Money but in Stamps, (a) judge of Admi. The Probate Act of 1858 enacts that the Judge of the ralty Court -,-,- . , ™ „ . _ . _ .. ~ ° may sit for High. (Jourt oi Admiralty may sit in open Court or in lltic^t. ' Chambers, for the Judge of the Court of Probate, and the Judge of the Court of Probate may sit in open Court or in Chambers for the Judge of the High Court of Admiralty, (b) tacl e mb 7Sit ^ e J ul ^S e ma y srt ™ Chambers for the dispatch of such part of business of the Court as can in his opinion with advantage to the Suitors, be heard in Chambers, at such times as he may fix, but no question is to be heard in Chambers which either party requires to be heard in open Court, (c) Persons to take The Judge may appoint by Commission under Seal of uovsAe^inlhl the Court, any persons practising as Solicitors in the Isle Isle of Maiij&c. * Sec. 73. t Seo. 96. (a) Sec. 97. (b) Sec. 1. (o) Sec. 3. COTJET. 23 of Man, in the Channel Islands, or any of them, to admin- ister Oaths, and to take Declarations or Affirmations, and to exercise any other powers which can be exercised by Commissioners of Her Majesty's Court of Probate. (1) In Cases where it is necessary to obtain Affidavits, Affidavits, Declarations, or Affirmations to be used in the Court of bfswom ™ ? a Probate from persons residing in Foreign parts out of Her fhem e reB?a?£ g Majesty's Dominions, the same may be sworn, declared, foreign Parts. or affirmed before the persons empowered to administer Oaths under the Act of the Sixth of George the Fourth, Chapter Eighty-seven, or under the Act of the Eighteenth and Nineteenth of Victoria, Chapter Forty-two ; provided that in places where there are no such persons as are mentioned in those Acts such Affidavits, Declarations, or Affirmations may be made, declared, and affirmed before any Foreign local Magistrate, or other person having authority to administer an Oath. (2) Affidavits, Declarations, and Affirmations to be used in Affidavits, the Court of Probate may be sworn and taken in /Scotland, be sworn in" Ireland, the Isle of Man, the Channel Islands, or any Scotlan(J > &0 - Colony, Island, Plantation or Place out of England under the dominion of Her Majesty, before any Court, Judge, Notary Public, or Person lawfully authorized to administer Oaths in such Country, Colony, Island, Plantation, or Place respectively, or, so far as relates to the Isle of Man and the Channel Islands, before any Commissary, Ecclesiastical Judge, or Surrogate, who, at the time of the passing of the Court of Probate Act, was authorized to administer Oaths in the Isle of Man or in the Channel Islands respectively, and all Eegistrars and other Officers of the Court of Pro- bate are to take judicial Notice of the Seal or Signature, as the case may be, of any such Court, Judge, Notary Public, or Person, which shall be attached, suspended, or subscribed to any such Affidavit, Declaration or Affirmation, or to any other Document. (3) The Court of Probate sits at Westminster. WMtataster (1) Sec. 30. (2) Sec. 31. (3) Sec. 32. 24 DIVORCE AND DIVORCE & MATRIMONIAL COURT. of Divorce Court. Establishment This Court was established under " An Act of Parliament to amend the Law relating to Divorce and Matrimonial Causes in England/' passed in 1857. It enacts that "As soon as the Act comes into operation all jurisdiction now exerciseable by any Ecclesiastical Court in England in respect of Divorce, a Mensd et Thoro, suits of nullity of marriage, suits of Jactitation of marriage,* suits for restitu- tion of conjugal rights and in all causes suits and matters matrimonial, shall cease to be so exerciseable, except so far as relates to the granting of Marriage Licences, which may be granted as if this Act had not been passed, (a) and that all the above jurisdiction (except in respect of Marriage Licences) shall be vested in Her Majesty and such jurisdic- tion together with the jurisdiction conferred by this Act shall be exercised in the- name of Her Majesty in a Court of Eecord to be called ' The Court for Divorce and Matri- monial Causes.' " (b) It enacts that no decree shall hereafter be made for a Divorce d Mensd et Thoro, but in all cases in which a decree for a Divorce d Mensd et Thoro, might have been pronounced the Court may pronounce a decree for a judicial separation, which shall have the same force and the same consequences as a Divorce d Mensd et Thoro had. (c) The Lord Chancellor, the Lord Chief Justice of the Court of Queen's Bench, the Lord Chief Justice of the Court of Common Pleas, the Lord Chief Baron of the Court of Exchequer, the Senior Puisne Judge for the time being in each of the three last-mentioned Courts, and the Judge of Her Majesty's Court of Probate are constituted the Judges of the said Court, (d) (By an Act to make further provision concerning the Court for Divorce and Matrimonial Causes passed in 1859, it is enacted that in addition to the Judges mentioned above, all the Judges for the time being of the Courts of Queen's Bench, Common Pleas, and Exchequer respectively, * The false and malicious boasting of marriage. (a) Sec, 2. (e) Sec, 6. (o) Sec. 7. (d) Sec. 8. Judges. MATRIMONIAL COURT. 25 not already made Judges of the Court for Divorce and Matrimonial Causes shall be Judges of such Court. Sec. 1) The Judge of the Court of Probate is the Judge Ordinary judge of the Court of Divorce, and has full authority either 0rdinary - alone or -with one or more of the other Judges of the said Court, to hear and determine all matters arising therein, except petitions for the dissolving of or annulling Marriage, and applications for New Trials of Questions or issues before a Jury, Bills of Exception, Special Verdicts and Special Cases, and, except as aforesaid, may exercise all the powers and authority of the said Court, (e) All petitions, either for the dissolution, or for a sentence Petitions for of Nullity of Marriage, and applications for new trials of MMriag£&c°,[ questions or issues before a Jury, are to be heard and how heard - determined by three or more Judges of the said Court, of whom the Judge of the Court of Probate shall be one. (f)* During the temporary absence of the Judge Ordinary, Absence of the Lord Chancellor may authorize the Master of the Polls, mayacs. 1 " the Judge of the Admiralty Court, or either of the Lords Justices, or any Vice Chancellor, or any Judge of the superior Courts of Law at Westminster, to act as Judge Ordinary of the Court for Divorce, (g) The Court may hold its sittings at such place or places The court, in London or Middlesex, or elsewhere, as Her Majesty in where held - council shall from time to time appoint, (h) The Lord Chancellor is to direct a Seal to be made for seal, the said Court, and may direct the same to be broken, altered, and renewed at his discretion ; and all decrees and orders, or copies of decrees or orders, of the Court, sealed with this Seal, are directed to be received in evidence, (i) A sentence of Judicial Separation may be obtained, Judicial either by the husband or wife, on the ground of Adultery, epara 10n ' or Cruelty, or Desertion without cause for two years and upwards, (e) The Pegistrars and other officers of the Principal Registry Registrars. of the Court of Probate are to attend the Sittings of the Court for Divorce and Matrimonial Causes, and assist in the pro- ceedings thereof, as shall be directed by the rules and orders under this Act.t (By sect. 4 of an Act passed in 1858, 21 & 22 Vic, cap. 108, the Pegistrars of the Principal (e) Sec. 9. (i) Sec. 10. (o)Sec.H. (h) Sec. 12. (i)Sec.l3. (k) Sec. 16. tSec.14. * By the Act 23 & 24 Vic, c. 1M, (made perpetual by 25 & 28 Vic, c. 81) the Judge Ordinary alone, or with the assistance of one other judge of the Court may exer- cise all the powers previously vested in the full Court. 26 DIVORCE AND Eegistry are invested with and may exercise with reference to the proceedings in the Court for Divorce and Matri- monial Causes the same power and authority which Surro- gates of the Official Principal of the Court of Arches could, before the passing of the 20 & 21 Vic, cap. 77 have exer- cised in chambers with reference to proceedings in that Court.) Con-u"ai??ht Application for Eestitution of Conjugal Eights or for o? judicial 8 s ' Judicial Separation may be made by either husband or separation. ^^ by . petition to the Q 011rt) Qr to an y J u( Jge of Assize at the Assizes held for the county in which the husband and wife reside or last resided together, and the Judge of Assize is authorized and required to hear and determine such petition, according to the rules and regulations which shall be made under the authority of this Act, and the Court or Judge to which such petition is addressed, on being satisfied of the truth of the allegations therein contained, and that there is no legal ground why the same should not be granted, may decree such restitution of Conjugal Eights or Judicial Separation accordingly, and where the application is by the wife, may make any order for alimony which shall be deemed just; provided always, that any Judge of Assize to whom such petition shall be presented may refer the same to any of Her Majesty's Counsel or Serjeant-at-Law named in the Commission of Assize or nisi prius and such Counsel or Serjeant shall, for the purpose of deciding upon the matters of such petition, have all the powers that any such Judge would have had by virtue of the Act or other- wise, (l) A wife deserted by her husband may at any time after such desertion, if resident within the Metropolitan district, Power of Police a pply to a Police Magistrate, or if resident in the country, a^justices in *° Justices in petty sessions, or in either case to the Court, Petty sessions, for an order to protect any money or property she may acquire by her own lawful industry, and property which she may become possessed of after such desertion, against her husband, or his creditors, or any person claiming under him ; and such Magistrate or Justices or Court, if satisfied of the fact of such desertion, and that the same was with- out reasonable cause, and that the wife is maintaining her- self by her own industry or property, may make and give to the wife an order protecting her earnings and property (l) Sec. 17. MATRIMONIAL COUKT. 27 acquired since the commencement of such desertion, from her husband, and creditors, and persons claiming under him, and her earnings and property then belong to the wife as if she were a feme sole. Every such order made by a Police Magistrate or Justices at Petty Sessions shall within ten days after the making thereof, be entered with the Eegistrar of the County Court within whose jurisdiction the wife is resident, and the husband, and any creditor, or other person claiming under Mm may apply to the Court or to the Magistrate or Justices by whom such order was made to discharge it. If the husband, or any creditor of, or person claiming under him shall seize or continue to hold any property of the wife after notice of any such order, he shall be liable, at the suit of the wife, to restore the specific property, and to pay a sum equal to double the value of the property so seized and held after such notice. If any such order of protection be made, the wife shall during its continuance be and be deemed to have been during such desertion of her, in the like position in all respects with regard to property and contracts, and suing and being sued, as she would be if she had obtained a decree of Judicial Separation, (m) A Decree of Separation obtained during the absence of Decree may be husband or wife may be reversed, on showing that there reversed ' was reasonable ground for desertion, where desertion was the ground of such decree, (n) Either the wife or husband may present a petition pray- wife orHna- ing that the Marriage may be dissolved 'on the ground of sent petition?" Adultery. Upon any such petition presented by a husband the Petitioner shall make the alleged Adulterer a Co- Co-Kespondent. Respondent to the said petition, unless on special grounds, to be allowed by the Court, he shall be excused for so doing; and on every petition presented by a wife for Dissolution of Marriage the Court, if it see fit, may direct that the person with whom the husband is alleged to have com- mitted adultery be made a Eespondent, and the parties or either of them may insist on having the contested matters of fact tried by a Jury. In every case the Court is to be collusion, satisfied of the absence of collusion, (o) A Husband may, either in a Petition for Dissolution of Marriage or for Judicial Separation, claim Damages against Damages, the Co-respondent — and the damages to be recovered shall (h) Sec. 21. (w) Sec. 23. (o JSecs. 27-29. 28 DIVORCE AND Children. Costs. Rules of Evidence. Suits in forma pauperis. Appeal to full Court. Appeal to House of Lords. Marrying again. Clergyman not compelled to perform Mar- riage Service. in all cases be ascertained by verdict of a Jury, although the Eespondents or either of them may not appear ; and after the verdict has been given the Court shall have power to direct in what manner such damages shall be paid or applied, and to direct that the whole or any part thereof shall be settled for the benefit of the children (if any) of the marriage, or as a provision for the maintenance of the wife — and the Court may order the Co-respondent to pay the whole or any part of the Costs of the proceedings, (p) The Bules of Evidence observed in the superior Courts of Common Law at Westminster are applicable to and observed in the trial of all questions of fact in the Divorce Court, (q) The Court may make such rules and regulations as it may deem necessary and expedient for enabling persons to sue in the Court in forma pauperis, (r) Either party dissatisfied with a decision of the Judge Ordinary alone, may within three calendar months appeal therefrom to the full Court, whose decision is final, (s) Either party dissatisfied with the decision of the full Court, on any petition for the dissolution of a marriage may, within three months, Appeal to the House of Lords, if Parliament be then sitting, or if Parliament be not sitting at the end of such three months then within fourteen days next after its meeting ; and on the hearing of any such appeal the House of Lords may either dismiss the appeal or reverse the decree, or remit the case to the Court to be dealt with as their Lordships may direct, (t) When the time limited for appealing against any decree dissolving a Marriage has expired, and no appeal has been presented, or when any such appeal has been dismissed, or when in the result of any appeal any marriage has been declared to be dissolved, but not sooner; the respective parties thereto may marry again, as if the prior marriage had been dissolved by death. Eb Clergyman in Holy Orders of the United Church of England and Ireland is compelled to solemnize the marriage of any person whose former marriage has been dissolved on the ground of his or her adultery, or liable to any suit, penalty, or censure for solemnizing or refusing to solemnize the marriage of any such person, (u) When any Minister of any church or chapel shall refuse (p) Sees. 33-31. (Q) Pec. 48. (n) Sec. Si. Sec. 65. (t) Sec. 66. (u) Sec 67 MATRIMONIAL COURT. 29 to perform such marriage service between any persons who but for such refusal would be entitled to have the said service performed in such church or chapel, such Minister shall permit any other Minister in Holy Orders of the said United Church, entitled to officiate within the diocese in which such church or chapel is situate, to perform such marriage service in such church or chapel, (v) After this Act came into operation, no action could be £on Rousted 1 ' maintained in England for Criminal Conversation, (w) The Fees are not to be received in money but by stamps. Fees - _ The Court of Divorce is also the Court to which applica- tion is made under "The Legitimacy Declaration Act, Legitimacy 1858," which enacts that "Any natural born subject of the Declarati011 - Queen or any person whose right to be deemed a natural born subject depends wholly or in part on his legitimacy or on the validity of a marriage being domiciled in England or Ireland or claiming any real or personal estate situate in England may apply by petition to the Court for Divorce and Matrimonial Causes. The Court of Divorce holds its sittings at Westminster. weYtmtaster COUNTY COUKTS Jurisdiction. The County Courts are it may be said, at present linked with Doctors' Commons, as the order to found their Testa- Testamentary mentary Jurisdiction is obtained therefrom. By the 54th Section of the Probate Act of 1857, the County Court had Testamentary Jurisdiction in cases where the personal property of a deceased was under £200 and real property under £300, but that Section is repealed by the 11th Section of the Probate Act of 1858, and Section 10 of the Act of 1858 appears in lieu thereof. (v) Sec. 58. (w) Sec. 50. 30 COUNTY COUETS. Registrar of County Court to transmit Certificate of Decree for Grant or Revo- cation of Probate. The Judee of the County Court to decide Causes and enforce Judg- ments as in other Oases. It enacts that "where it appears by Affidavit to the satis- faction of a Eegistrar of the principal Kegistry, that the Testator or Intestate in respect of whose Estate a grant or revocation of a grant of Probate or Letters of Adminis- tration is applied for, had at the time of his death his fixed place of abode in one of the districts specified in Schedule (A) to the said Court of Probate Act, and that the personal Estate in respect of which such Probate or Letters _ of Administration are to be or have been granted, exclusive of what the deceased may have been possessed _ of or entitled to as a Trustee and not beneficially, but without deducting anything on account of the debts due and owing from the deceased was at the time of his death under the value of £200, and that the deceased at the time of his death was not seised or entitled beneficially, of or to any Eeal Estate of the value of £300 or upwards, the Judge of the County Court having Jurisdiction in the place in which the deceased had at the time of his or her death a fixed place of abode, shall have the contentious Jurisdiction and authority of the Court of Probate in respect of questions as to the Grant and revocation of Probate of the Will or Let- ters of Administration of the effects of such deceased person in case there be any contention in relation thereto." The 55th Section of the Probate Act of 1857, enacts that " on a Decree being made by a Judge of a County Court for the grant or revocation of a Probate or Adminis- tration in any such Cause, the Eegistrar of the County Court shall transmit to the District Eegistrar of the Dis- trict in which it shall have been sworn that the deceased had at the time of his decease his fixed place of abode, a Certificate under the Seal of the County Court of such Decree having been made, and thereupon, on the applica- tion of the Party or Parties in favoiu 1 of whom such Decree shall have been made, a Probate or Administration in compliance with such Decree shall be issued from such District Eegistry ; or, as the case may require, the Probate or Letters of Administration theretofore granted shall be recalled or varied by the District Eegistrar according to the effect of such Decree." The Judge of any County Court before whom any dis- puted question is raised, relating to matters and Causes Testamentary, has subject to the Eules and Orders under this Act, all the Jurisdiction, Power, and Authority to COtTNTY COURTS. 31 decide the same and enforce Judgment therein, and to enforce Orders in relation thereto, as if the same had been an ordi- nary Action in the County Court." (a) The Affidavit as to the place of abode and state of the Affidavit of the property of a Testator or Intestate which is to give con- ^cliSty s tentious Jurisdiction to the Judge of a County Court is 9?^' J ? r ^: conclusive tor the purpose ot authorizing the Exercise of conclusive, such Jurisdiction, and the Grant or Eevocation of Probate proved while or Administration in compliance with the Decree of such * ^jjjlf r is Judge ; and no such Grant of Probate or Administration is liable to be recalled, revoked, or otherwise impeached by reason that the Testator or Intestate had no fixed place of abode within the Jurisdiction of such Judge, or within any of the said Districts at the Time of his Death, or by reason that the personal Estate sworn to be under the value of Two hundred Pounds, did in fact amount to or exceed that value, or that the value of the Eeal Estate of or to which the deceased was seised or entitled beneficially at the Time of his' Death amounted to or exceeded Three hundred Pounds : Provided, that if it be shown to the Judge of a County Court before whom any Matter is pending under this Act that the place of abode or state of the Property of the Testator or Intestate has not been correctly stated in the Affidavit, and if correctly stated would not have authorized bim to exercise such contentious Jurisdiction, he must stay all further Proceedings in his Court, leaving any Party to apply to the Court of Probate for such Grant or Eevocation, and making such Order as to the Costs of the Proceedings before him as he may think just, (b) " Any party who is dissatisfied with the determination Appeal of the Judge of the County Court in point of Law, or upon o r °^ t Co1mt7 the admission or rejection of any evidence, may appeal to the Court of Probate, in such manner and subject to such regulations as may be provided by the Eules and Orders, and the decision of the Court of Probate on such Appeal shall be final." (c) " It is not obligatory on any person to apply for Probate Not obligatory or Administration to any District Eegistry, or through any g.°^ ! °l t0 County Court, but in every case the application may be District' made through the Principal Eegistry, wherever the Tes- aoSy court, tator or Intestate may at the time of his death have had tiou mayS' his fixed place of abode. But if in any contentious Matter £™jjf B g^ 9 6 (a) Sec. 66. (b) Sec. 67. (o) Sec. 58. of Probate. 32 COUNTY COUETS. it is shown to the Court of Probate that the state of the property and place of abode of the deceased were such as to give contentious Jurisdiction to the Judge of a County- Court, the Court of Probate may send the Cause to such County Court, and the Judge thereof shall proceed therein as if such application and cause had been made to and arisen in his Court in the first instance." (a) ortosforre - "For regulating the Procedure and Practice of the latmg the " County Courts, and the Judges, Eegistrars, and Officers Count/courts thereof, in relation to their Jurisdiction and Proceedings, ™be made*by ^^ es an( l Orders may be from time to time framed, the judges now amended, and certified by the County Court Judges authority for appointed for the time being to frame Rules and Orders thoiikepurpose. for regu i ating the p ract i ce of County Courts under the Statute of 19 and 20 Victoria, Chap. 108. (±) Sec. 69. DISTRICT REGISTRIES. 33 PAET IV. REGISTRIES & OFFICES IN DOCTORS' COMMONS. THE PBINCIPAL EEGISTEY, ITS BEGISTEABS AND DEPAETMENTS, DIVOECE EEGISTEY, ADMIRALTY REGISTRY, AECHES EEGISTEY, CONSISTOEY EEGISTEY, APPEALS EEGISTEY, SUEEEY EEGISTEY, EEGISTEY OF THE AECHDEACONEY OP SUEEEY, FACULTY OFFICE, VICAE GENEEAL'S OFFICE, OFFICE OF THE QUEEN'S PEOCTOE, OFFICE OF THE MAESHAL OF THE ADMIEALTY. DISTRICT REGISTRIES. The Public Eegistries and Offices in Doctors' Commons are: — The principal Eegistry of Her Majesty's Court of Probate heretofore "The Prerogative Office of the Archbishop of Canterbury," and sometimes called the " Will Office." The Divorce Eegistry. Admiralty Eegistry. Arches Eegistry. Consistory Eegistry. Appeals Eegistry. Surrey Eegistry. Eegistry of the Archdeaconry of Surrey. Faculty Office. Vicar General's Office. Office of the Queen's Proctor. Office of the Marshal of the Admiralty. A brief statement respecting these Eegistries and offices will now be given, commencing with D 34 THE PEINCIPAL REGISTRY. THE PRINCIPAL REGISTRY OF HEE MAJESTY'S COITET OF PEOBATE. This Eegistry is considerably the largest in Doctors' Commons. In it is transacted under the authority and direction of the Court of Probate, the business of granting about 15,000 Probates of "Wills and Letters of Administra- tion annually. All the preliminary business connected with motions and causes in Court, is transacted there. There are " Strong Eooms" in which are deposited wills and records for five centuries past. There also are innumerable papers con- nected with Wills, Administrations, and Court Business all available for public use. The Eegistry consists of many departments, the most public of which will hereafter be separately described. REGISTRARS There are four Eegistrars, appointed by the Judge, who execute their office in person and not by deputy. . They have power to administer oaths, to tax costs, to Beglatry. grant orders for founding the testamentary jurisdiction of County Courts, to issue subpoenas for the production of testamentary papers, and they can exercise the power and authority which Surrogates of the Judge of the Prerogative Court exercised in chambers with reference to the proceed- ings in the Prerogative Court, and by the rules of the Court of Probate they may give leave to parties to intervene in Suits, they issue Warnings to Caveats, extend time for Ap- pearances, allow Affidavits of Scripts to be seen by parties who have not filed their own, extend time for Pleading, settle questions for Juries, extend the time fixed by the rules for the performance of any Act, investigate Accounts of Ad- ministrators pendente lite and Eeceivers of Eeal Estate, pay money out of Court, issue Summonses, and grant Orders on Summons and Orders of a different character for various purposes. They may refuse to allow Probate or Letters of Adminis- tration to issue until the inquiries which they see fit to institute have been answered to their satisfaction. They may require to be furnished with Affidavits respecting the execution of Wills, or respecting interlineations, alterations, erasures, or obliterations appearing therein, or respecting deeds, lists, &c., referred to in Wills, or any peculiarity or mark appearing on the paper. REGISTRARS. 35 No Probate or Administration can pass under the Seal of the Court without their Signature. They settle special Oaths, Citations, Abstracts of Cita- tions, and Commissions. Probates and Letters of Administration granted in Ireland and Confirmations decreed in Scotland, are authenticated by them, and when so authenticated have the effect of an English Probate, and they have to discharge a variety of duties in connection with the District Eegistries. In addition to this Business in the Eegistry they have DutieB in Court, duties in Court. One Eegistrar always attends the Judge when sitting in Chambers or in Court. By that Eegistrar a minute is entered of every Order made on Summons and of every proceeding in Chambers; he also calls the Motions and Causes in Court, enters in the Court Book every decree made on motion and every decision made by the Court in a cause, as well as the findings by Juries and the Posteas on Records. The division of duty arranged amongst the Eegistrars Division of a. i , -, t J ■ & ° ° Duties. anords great public convenience. The Term Eegistrar sits in Court during the entire term. The Eegistrar who last sat in Court becomes the taxing Eegistrar for the following term. Of the two remaining Eegistrars one acts for the week as the "signing Eegistrar." His duties are to sign all the grants of Probate and Admin- istration put forward during his week, and to solve all questions concerning the daily business of the office during the same period. The remaining Eegistrar conducts the business connected with the District Eegistries ; he and the signing Eegistrar take these duties in alternate weeks. The Eegistrars have a general control over the whole staff and business of the Eegistry, but the conduct of the Eegistry itself is chiefly managed by the Senior Eegistrar. In addition to these duties and powers in the Court of Probate the Eegistrars have similar duties and powers in the Divorce Court. By the Divorce Act of 1858 they are invested with and g^orce court, may exercise with reference to the proceedings in the Court for Divorce and Matrimonial Causes the same power and authority which Surrogates of the official principal of the Court of Arches could exercise, with reference to the pro- ceedings in that Court. Surrogates in the Prerogative and Arches Courts could D 2 36 REGISTRARS. Registrars Clerks. Departments. sit for the Judge and dispose of Motions and Assignations, and the Registrars of the Courts of Probate and Divorce in the long vacation hear Motions and Summonses. Each Registrar has a Clerk, who attends the Registrar either at Court or in the Registry. The most prominent duties of the Registrars' Clerks are to assist in examining the Records of all the Grants issued from the District Registries, returns of which are forwarded weekly to the Principal Registry; to prepare all Registrars' Orders for the alteration, notation, or revocation of Grants connected with the District Registries; to draw up all Orders on Summonses by Consent, and make copies of Orders for the trial of causes by Special Jury ; to keep the Registrars' fee book, letters, and correspondence ; to note the receipt and disposal of all original Wills received from or forwarded to the District Registries; to examine all taxed Bills with the Solicitors and endorse the Allocatur. When attending the Registrar at Court their duties are to abstract the Divorce cases for each Motion day, to take a note of all Orders made in Chambers and Court, to receive Fees and keep the Fee-book, to note the names of all Witnesses produced in each cause, and number all docu- ments put in Evidence in Causes, to endorse the postea on the Record, and generally to assist the Registrar in what- ever branch of his duties he may require then assistance. The Principal Registry consists of many departments, in which the duties are extremely diversified. Some of these departments existed in the Prerogative Registry, others are modern ; the old departments with which the public are most concerned are : — The Record Keepers. Clerks of the Seats. Clerk of the Papers. Calendar Keeper. Sealer. The most public new departments are : — The Receiver. Examiners of Engrossments. Correspondence Department. Personal Applications Department, Literary Department. Department for Depositing the Wills of Living Persons. A short account of the above-mentioned Departments will now be given. RECORD KEEPERS. 37 RECORD KEEPEES The Kecord Keepers have the custody of all Wills which have been proved, and of the papers connected therewith ; also of Wills brought in on renunciation of Executors and from the Lunacy Office after they have passed the depart- ment of the Clerk of the papers. They have also the custody of all copies of Wills received from the District Begistries, and of all Bonds and Papers connected with Letters of Administration after the grant has been made. They are also the custodians of all Papers in Probate Causes and Motions, and of all Divorce Papers after they have been filed three years. Tickets for searches of Wills or Administrations are obtained from them and taken to the Calendar Keeper. Tickets for searches for any other Document in the Begistry, and also for searches of Appearances to instruments in the Probate and Divorce Begistries are likewise obtained from them. Application must be made to the Becord Keepers re- specting Wills which are required to be attended with in the Country or in Law Courts in London, and all Office copies whether of Wills or other Documents are obtained from them. Commissions for taking Oaths in the Court of Probate are registered with them, and by arrangement with the Officers of the Court, they have notice of Commissions issued for taking Oaths in Chancery CLERKS OF THE SEATS. The Clerks of the Seats transact what is called " Common form or non-contentious Business." They prepare all Probates and Letters of Administration. In cases of application for Letters of Administration, the necessary Papers are left with them by the Practitioner. In cases of application for Probate or Administration with Will annexed, the papers are left with the Beceiver, from 38 CLEKKS OF whom they pass to the Examiner, by whom the engrossment is collated with the Original Will ; they are then handed by the Examiner back to the Beeeiver, from whom they pass to the Clerk of the Seat. Each Seat takes its Business according as the first Letters of the Surname of the deceased agree with the following Alphabetical Arrangement : — Seats. A to Ch— Ci to Gd— Ge to Kek— Kel to Par- Pas to Std— Ste to Z. The duties of the Clerks of the Seats cannot be better defined than in the following statement of the " objects of the Proctor's care" with reference to Grants. The state- ment accurately represents the duties of the Practi- tioner with reference to Grants, but the name of the writer cannot be supplied. "A Will must be inspected in the first instance with reference to the provisions of the Wills Act, to see if it is duly executed, regard being had to what is necessary to its validity, or if there exists a defect in the clause of attesta- tion, in order that it may be supplied by the Affidavit of an attesting Witness. " Is there an appointment of Executors ? and if so, is it express, or implied according to the tenor ? In either case, is it general or limited ? It may be the latter in respect to property, time, country, very commonly one or the other ; and there are frequently Codicils altering appointments made in testamentary papers of earlier date, or revoking previous instruments in whole or in part. " Again, the Executors may be, and not unfrequently are, dead, or they desire to renounce, or they decline to act, or are far away and have no Agent in this Country duly authorized, or their residence is unknown. What is to be done in their absence ? Then arises the question as to the appointment of the residuary Legatee. Is there one or more ? for life or absolute ? contingent or substituted ? how and where ? Willing to act ? under what limitations entitled to the Grant of Administration with the Will annexed? Or it may be that only a Copy of the Will (executed abroad) has been received. The necessity for a new limitation then arises. Or there is no residuary Legatee named, or he is dead, or absent, or a minor, or the appointment is limited, contingent with a substitution. And in the course of the Will (which must be examined THE SEATS. 39 throughout) there may be found to occur occasionally inter- polated sheets, more frequently, indeed, very commonly,, erasures, interlineations and alterations of various kinds One among many that might be specified, is found in the attempt frequently made by Testators to defeat the pro- visions of the Act, by obliterating parts of the Will without the formalities prescribed by the statute, and which must be accounted for. It often happens in like manner, that in the Will reference is made to Schedules, intended Codicils, &c. which must be the subject of further inquiry. " The clearing away of prior rights is often a matter of very serious difficulty, especially as in the case of de bonis grants, or grants of Administration of property left unad- ministered by deceased Administrators. "There arise also questions as to the law of other Countries, and the rights of parties dependent upon it, whether in relation to domicile and the validity of the in- strument, or the distribution of the property according to its tenor." "Questions also arise as to the retractations of renunciations and survivorship, and the unascertained fact as to the latter. Again as to the Wills of married women made under powers and their limitations, whether a general grant, or a limited Probate or Administration with the Will annexed is to be granted. " These and other questions are objects of the Proctor's care and inquiry in the first instance, that as far as possible the requisite explanations and proofs by Affidavit may be provided. " The whole then goes before the principal Clerk of the Seat in the Eegistry, who must satisfy himself that nothing has escaped the Proctor's attention." " To this cursory sketch in relation to Wills, should be added what appertains to the Estates of intestates, which again branch out into an almost infinite variety of cases, and in addition, questions arise as to the rights of parties to Letters of Administration to the effects of persons deceased." The importance of the business transacted by the Clerks of the Seats may be estimated from the fact that about £60,000,000 sterling pass yearly under the Grants prepared by them. When the Probate or Administration is ready, it is transmitted to the Clerk of the Papers in whose depart- 40 CLERKS OF THE SEATS. ment an entry of it is made. It is then placed before the Eegistrar for signature, and having been signed by him, it is sent to the Seal Keeper to be sealed, and by him it is delivered to the Practitioner on his production of the receipt obtained from the Eeceiver, or Clerk of the Seat. The Clerks of the Seats also enter a variety of notations on the Becords of the Court in connection with revoked Grants, Coeterorum Grants, Double Probates, Second and Subsequent Grants, Probate of Codicils after Will has been proved, Benunciation- of Executors to whom power has been reserved, and Alteration of Grants. They have also duties in connection with Irish Grants and Scotch Con- firmations. By Sect. 12 of 21 and 22 Vic, cap. 56, it is enacted that any Confirmation sealed by the Court of Probate shaU have the like force and effect in England, as if a Probate or Letters of Administration had been granted by the said Court of Probate. It is required for this purpose that there be lodged with the Eeceiver the r Confirmation and a copy on paper, and an official copy of the Interlocutor, and the following fees : — Beceipt, Is. ; Collating Copy Confirmation, 3d. per folio Search Fee according to the number of years to be searched Sealing Pee, £1 Is. ; Filing copy Confirmation, 2s. 6d Filing copy Interlocutor, 2s. 6d. If the Eeceiver finds the papers correct, he passes them on to the Clerk of the Seat, who makes the necessary search for any previous Grant in the same Estate ; and if none is found, the Confirmation is forwarded to the Ee- gistrar for his signature, and thence to the Sealer, where it may generally be found three or four days after being left with the Eeceiver. CLERK OF THE PAPERS. The preliminaries of all Probate Court business are trans- acted in the Department of the Clerk of the Papers. All pleadings and papers in Causes, Petitions and Motions of whatever nature are filed there. Summonses are issued, and orders obtained there. Citations of all kinds, and CLERK OF THE PAPERS. 41 Subpoenas to bring in "Wills or Testamentary Papers are also issued by the Clerk of the Papers, and all appearances to Citations, Subpoenas, Warnings and Summonses are entered in the Appearance Book kept in his Department. Subpoenas for Witnesses, Attachments and similar Instru- ments are also issued from this Department. Forms of Orders for assignment of Guardian — for filing Wills on renunciation of Executors — for issuing Subpoenas to bring in Testamentary Papers — for Grants after discon- tinuance of Causes — for Grant when the party has been cited to accept the Grant — for notation of domicile — for alteration or revocation of Grants — for founding jurisdiction of County Courts, and for other purposes are obtained from this Department. Wills from the Lunacy Office, and also Wills brought in for safe custody on renunciation of Executors, are brought into this Department, and then transmitted to the Eecord Keepers. Wills or Testamentary Papers brought in on Subpoena are also deposited there. Draft Citations and Questions for the Jury are brought to the Clerk of the Papers for settlement by the Kegistrar. Bills of Costs for taxation are also filed in this Department, and appoint- ments to tax are sent therefrom. All Probates and Administrations that pass under the Seal of the Court, are entered in this Department, and the Clerk of the Papers has the custody of all Orders and Minutes connected with the proceedings of the Court, and the preparation and custody of many books connected therewith. CALENDAR KEEPER. When a person wishes to see a Will that has been proved in the Principal Eegistry, or an Administration Act, the first proceeding is to obtain a Is. Probate fee stamp from a stationer, and take such stamp to the Eecord Keeper's department in the Principal Eegistry, and there obtain a ticket. This must be taken to the Calendar Keeper, by whom the Calendar is handed to the party ; and after the entry of the Will or Administration has been found, the ticket is marked with the reference. The party is then referred to the Officer by whom the Original Will, or 42 CALENDAR KEEPEE. engrossed copy, or Act of Administration will be produced. An Original Will will be shown in the Beading Boom, and must not be taken out of that room, but when done with must be returned to the Clerk in that room. The Calendar Keeper makes entry of the name and number of searches, he also enters in a written Calendar all Grants in the principal Eegistry. This Calendar is used by the public until the printed Calendar is completed for the year. He reads Wills to the public if required, and takes orders for, and prepares Exemplifications of Probate or Administration, and receives the fees for the same. He takes orders for, and prepares engrossments for Debonis Grants, double Probates, and all second Grants, and re- ceives fees on account of the same ; enters Notations in the printed Calendar of all Debonis, second Grants, &c. also of increase or decrease in amount of effects, and enters the folio of each Will as it is registered in the printed Calendar for reference. PEES POP SEAECHES AND INSPECTION OF WILLS, ETC. For every search for Will or Grant of Letters of Administration or any document filed in the Principal Eegistry, including the looking up and inspecting an original Will before the same is registered, or a registered copy of a Will or an Administration Act 1 For every third Will or Administration Act looked up in addition to the above 1 For looking up and inspecting an original Will after the same is registered in addition to the fee for the search 1 For looking up and producing any document filed in the Eegistry other than an original Will or Administration Act 1 For a search for a Will or Grant of Letters of Administration, and for reading the Will when the party applying is unable or unwilling to search for or read the same : For the search for each year or part of a year ... 6 For reading the Will : If twenty folios of ninety words, each or under 10 For every additional twenty folios or part of twenty folios of ninety words each 1 RECEIVER AND EXAMINERS OF ENGROSSMENTS. 43 RECEIVER. When a Practitioner requires Probate of a Will, lie must take the Oatli, Affidavit for the Inland Eevenue, the Will, the engrossment of the Will, the stamped blank form of Probate, and such other Affidavits and documents as shall have been required and made to the department of the Eeceiver at the Principal Eegistry. That officer gives a receipt for the papers, for which he takes a fee stamp of Is., and the papers are then handed by him to the Examiner of Engrossments. The Eeceiver also takes the papers connected with the Sealing; of Irish and Scotch Grants. EXAMINERS OF ENGROSSMENTS. After a Will, Engrossment and Papers connected there- with have been received by the Eeceiver, they are handed by that officer to an Examiner, by whom the Engrossment of the Will is collated with the Original, and on being found correct, the Engrossment and all the other documents are returned by him to the Eeceiver, who then forwards them to the Clerk of the Seat for him to prepare the Probate or Letters of Administration with Will annexed. The Grant when completed, is forwarded by the Clerk of the Seat to the Clerk of the Papers, and after being entered in his department, is forwarded to the Eegistrar for sig- nature, and when signed, is sent to the Sealer. 44 SEALEE, COEEESPONDENCE DEPAETMENT. SEALER. The Sealer takes an account of all instruments requiring to be sealed with the Seal of the Court when brought to him for that purpose, and having done so, seals them. After affixing the Seal to Probates and Letters of Ad mini stration, he delivers them to the person producing and leaving with him the original receipt given for the Papers. He also seals Exemplifications, Probate Court Citations, Subpoenas, Attachments, Writs of Sequestration, Commis- sions, Irish Grants, Scotch Confirmations, Office Copies to which the Seal is required, Orders, Divorce Citations, Sub- poenas, Attachments, Petitions and Decrees. CORRESPONDENCE DEPARTMENT. The duties of this Department are more diversified than its name denotes. By section 49 of the Probate Act 1857, whenever application for a Grant of Probate or Adminis- tration is made in a District Kegistry, notice of such application is to be sent to the Principal Begistry. These Notices are received by this Department, and if the deceased has not been dead more than two years, search is made by one of the Clerks of the Department, and if no Grant is found to have been made in respect of the Goods of the deceased, a certificate to that effect is sent to the District Begistrar. Every such notice is carefully examined, and where the application appears to be incorrect, it is referred to a Begistrar. Under the Act the District Begistrars are required to report all their difficulties to the Principal Begistry for solution. This is carried out by means of the Correspondence Department. A copy of every Caveat entered in the Principal Begistry is made and forwarded by this Department to the District Begistry within the juris- PERSONAL APPLICATIONS DEPARTMENT. 45 diction of which the deceased had a residence at the time of his death, so also a copy of every Caveat entered in a District Eegistry is forwarded to the Principal Eegistry, and is entered by this Department in the Caveat Book kept in the Principal Eegistry. An Alphabetical List of all applications for Grants is also kept for the use of the Searching Department. When a Caveat has been warned, and no appearance entered, an Affidavit is filed of that fact, and if the Grant is to be made in the District Eegistry, such Affidavit must be taken to the Correspondence Department, from which the necessary directions to the District Eegistrar will issue. The Office is at Kos. 12 and 13, Great Knight Eider Street, Doctors' Commons. PEKSONAL APPLICATIONS DEPAKTMENT. The Personal Applications Department is to enable persons to obtain Probate or Letters of Administration without professional assistance. Persons wishing to obtain Grants of Probate or Letters of Administration without the intervention of a Proctor, Solicitor, or Attorney, must apply in person at this Depart- ment, and not by letter, (a) No application will be received through an agent of any kind, whether paid or unpaid. (B) The application of parties who are attended by a person acting or appearing to act as their adviser in the matter, will not be entertained, (c) The Office is at ISTos. 12 and 13, Great Knight Eider Street, Doctors' Commons. (a) Rule 1. (b) Eule 2, (c) Rule 3. 46 LITERARY DEPARTMENT. LITERARY DEPARTMENT. 1. Application is to be made by letter directed to the Judge at " The Principal Registry, Her Majesty's Court of Probate, London," with "Department for Literary Inquiry" in the corner of the envelope. 2. The applicant is to state his name, address, pro- fession or description, the object of research, and the period during which he proposes to attend. If considered neces- sary, he may be called upon for further explanation, or a reference. 3. A card signed by the Judge will give the applicant free admission for literary purposes during the time spe- cified therein, subject to the requirements of Regulation Kb. 5. This privilege will be liable to forfeiture for any breach of the rules or regulations, or any injury to, or want of care in the use of, the Books or Documents. 4. The Department for Literary Inquiry will open at 10 a.m. and close at 3.30 p.m., except between the 10th of August and the 24th of October, when the hours will be from 11 A.M. until 2.30 p.m. On Saturdays and holidays the Department will be closed. 5. Every visitor will be required to sign his name in a book on each attendance, and for the present only three persons can be admitted at one time. 6. The visitor will be allowed without fee to search the Calendars, to read the registered copies of Wills proved before the year 1700, the Probate and Administration Act Books to the same date, and to make extracts from such Wills and Books. 7. He will not be allowed to trace or take an impression from the writing of any book or document in the Registry, or to use ink in making extracts. 8. No more than two volumes can be produced for one reader at the same time. 9. The Superintendent of the Department will arrange the days for the attendance of those who are entitled to admission, and, as far as possible, give facility for each person who has commenced a search and inquiry, to com- plete the same without interruption, DEPOSITORY FOE WILLS OF LIVING PERSONS. 47 DEPOSITORY FOR WILLS OF LIVING PERSONS. INSTKUCTIONS TO DEPOSITOES. In pursuance of the provisions of the Court of Probate Act 1857 (20 & 21 Vic, Ch. 77, Sec. 91), the Principal Registry of the Court of Probate, 6, Great Knight Eider Street, Doctors' Commons, London, has been provided as a depository for the Wills of living persons, and Testators are at liberty to deposit their Wills or Codicils to such Wills therein, under the following regulations : The Will or Codicil to be deposited must be enclosed in a sealed Envelope and delivered to one of the Eegistrars of the Court at the Principal Eegistry, either by the Testator himself, or by some person specially authorized by him to deposit the same on his behalf. The Will or Codicil so deposited will not be delivered up to any person, but must remain in the Eegistry until after the Testator's death. In case the Testator himself deposits his Will or Codicil, he will be required to sign his name, in the presence of the Eegistrar, to an endorsement on the Envelope in which the Will or Codicil is enclosed, to the following effect : — " This Sealed Packet contains the Last Will and Testa- ment, or Codicil to the Last Will and Testament, or Last Will and Testament and Codicil thereto, bearing date respec- tively, (Here state the dates of all the papers enclosed, of A.B., of, &c, whereof CD., of &c, and E.E., of, &c, are appointed Executors, and the same are brought into the Principal Eegistry of Her Majesty's Court of Probate by me for safe custody, there to remain deposited until after my decease." The residences of the Testator and of the Executors should be set forth in this endorsement, and also the date of signature. In case the Testator authorizes some other person to deposit his Will or Codicil for him, he will be required to subscribe his name, in presence of an attesting witness, to an endorsement on the Envelope in which the Will or Codicil is enclosed, to the following effect : — 48 DEPOSITORY FOR WILLS OF LIVING PERSONS. " This Sealed Packet contains the Last Will and Testa- ment, or Codicil to the Last Will and Testament, or Last Will and Testament and Codicil thereto, of me, A.B., of, &c, whereof CD., of, &c, and E.F., of, &c, are appointed Executors, and I authorize G.H. to deposit the same for safe custody hi the Principal Eegistry of Her Majesty's Court of Probate, there to remain deposited until after my decease." (Signed) A.B. Witness, K.L. The Residences of the Testator and of the Executors, and the date of Signature, shoidd be set forth in this endorsement. The Packet containing the Will or Codicil must be accompanied by an Affidavit from the attesting witness, to the effect that the signature of the Testator to the above endorsement, witnessed by the Deponent, is in the proper handwriting of such Testator, and was by him signed in the Deponent's presence on the day mentioned in the endorsement, and that the signature K.L. is in the proper handwriting of the Deponent. An Affidavit will also be required from the person authorized to deposit the Packet, to the effect that the Sealed Packet produced for the pur- pose of being deposited for safe custody in the Principal Eegistry of Her Majesty's Court of Probate and on the back of which the Deponent has signed his name, is at the time of making the Affidavit precisely in the same state, plight, and condition, as when received by the Deponent from the hands of A.B., [the Testator,] on a day to be mentioned as that on which he received it. The last-mentioned Affidavit is to be sworn before the Eegistrar to whom the Packet, containing the Will or Codicil is delivered. A Minute or Order will be drawn up by the Eegistrar setting forth the production of the Packet containing the Will or Codicil, and the Affidavits (if any), and when and by whom the same were produced, and the Eegistrar's order that the same be deposited in the Principal Eegistry for safe custody. The following Fees will be payable in Probate Court Stamps : — £ s. d. For depositing the Will and receipt for same 110 For drawing and entering Minute of the Eegistrar 2 6 For filing eaeh Affidavit 2 6 DIVORCE AND MATRIMONIAL REGISTRY. 49 Envelopes for Wills and Codicils, with the necessary endorsements and forms of Affidavits, are to be had on appli- cation to the Eecord Keepers at the Principal Kegistry. Testators are at liberty to transmit their Wills and Codicils to the Principal Eegistry, to be deposited there for safe custody, through a District Eegistrar of the Court of Probate, who will send the same by the General Post in a Eegistered Letter. The Affidavit of the person authorized by the Testator to deposit his Will or Codicil, will, in that case, be sworn before the District Eegistrar, to whom the packet con- taining them is delivered. On production to the District Eegistrar of the Sealed Packet containing the Will or Codicils to be deposited, and the Affidavits (if any), he will draw up a Certificate under his hand, setting forth when and by whom the same were produced to, and left with him, and file this Certificate in his District Eegistry, and he will transmit an Office Copy of the Certificate, with the Sealed Packet and Affidavits, and Form of Eeceipt, to the Principal Eegistry. The Eeceipt will be returned to him under the hand of one of the Eegistrars of the Principal Eegistry. The following Pees will be payable to the District Eegistrar in addition to the Fees before mentioned : — £ s. d. For his Certificate 2 6 For filing same 2 6 For Office Copy to transmit with Will or Codicil 2 6 For Eeceipt 10 DIVORCE AND MATRIMONIAL REGISTRY. In this Eegistry, or Department of the Principal Eegistry the papers connected with Divorce and Matrimonial Causes are deposited, and all steps are taken preparatory to the Causes and Motions being heard in Court in the same manner as in the Principal Eegistry, but subject to the rules made in respect of such business. It is also in this department that proceedings are taken under the " Legitimacy Declaration Act." The Eegistry is at Nos. 12 and 13, Great Knight Eider Street, Doctors' Commons. E 50 ADMIRALTY, ARCHES, AND CONSISTORY REGISTRIES. ADMIRALTY REGISTRY. In this Eegistry are deposited the papers connected with the High Court of Admiralty. There, Accounts are inves- tigated and reported on by the Eegistrar and Merchants, Motions, Summonses, and Eeferences to the Eegistrar are disposed of, Bills are taxed, and Instruments such as Warrants of Arrest, Bail Bonds, Affidavits of Justification, Eeleases, Subpoenas, and other Instruments are prepared. The proceedings in the Admiralty Court and Eegistry appear to be set out with great minuteness in the New Edition of "The Practice of the High Court of Admiralty," by H. C. Coote, Esq. This work and the ample " Digest of the Law, and Practice of the High Court of Admiralty," by Messrs. Pritchard, cannot fail to make the public ac- quainted with the Practice in Admiralty Business. The Admiralty Eegistry is at No. 12, Godliman Street, Doctors' Commons. ARCHES REGISTRY. This is the Eegistry of the Arches Court of the Arch- bishop of Canterbury, and records papers and issues Cita- tions and other instruments with reference to the proceed- ings of that Court. The Eegistry is at No. 3, Godliman Street, Doctors' Commons. CONSISTORY REGISTRY. The Consistory Eegistry is the Eegistry of the Consistory Court of the Bishop of London. In it Marriage Licences are granted, and Faculties for the Consecration and altera- tion of Churches and Burial Grounds, &c; Marriages of British subjects or other persons, performed abroad under the sanction of the British Minister by a Clergyman of the CONSISTORY, APPEALS, AND SURREY REGISTRIES. 51 Church of England licensed by the Bishop of London, or acting under the sanction of such British Minister; baptisms of Children of British subjects or other persons performed in like manner; and Burials of persons in British burial grounds abroad are Begistered here. The Bishop of London holds a Visitation of his Clergy once in four years, and the Citations are issued from this Begistry. The Begistry is at No. 3, Goclliman Street, Doctors' Commons. APPEALS REGISTRY. This is the Begistry of Her Majesty's Court of Appeals in Ecclesiastical and Maritime Causes. It issues Inhibi- tions, Citations, Monitions, Belaxations, Bemissions, Attach- ments, Sequestrations, and other documents in connection with the proceedings in the Court of Appeals; and rule 33 directs that, " All instruments already issued or hereafter to be issued, and which are made returnable before the Judicial Committee or before a Surrogate of the Judicial Committee may be returned into the Begistry." The Begistry is at No. 12, Godliman Street, Doctors' Commons. SURREY REGISTRY. The Surrey Begistry is the Begistry of the Commissary Court of Surrey, which exercises the jurisdiction of the Bishop of Winchester, in the County of Surrey, in respect of Consecrations of Churches and Burial Grounds, Visita- tions of Clergy, and admission of Churchwardens. It grants Faculties for pulling down and rebuilding Churches, making alterations in Churches, setting up Monuments and removing Bodies and grants Marriage Licences. &c. The Court is held in the Ladye Chapel, St. Saviour's, Southwark. The Begistry is at No. 10, Great Knight Eider Street, Doctors' Commons. E 2 52 EEGISTKY OF THE REGISTRY OF THE ARCHDEACONRY OF SURREY. This Archdeaconry comprehends nearly 300 Parishes, Chapels, &c, and they are divided into four Districts, namely: South wark, Ewell, Stoke, and Eeigate, over the whole of which the Archdeacon has jurisdiction as Ordinary. The Court is held in the Ladye Chapel, St. Saviour's, Southwark. The Archdeaconry Court consists of the Official or Judge (who is the substitute for the Archdeacon when not per- sonally present,) the Eegistrar, Deputy Eegistrar, Eecord and Seal Keeper, Assistant Clerks and Apparitor. The office of the Judge is held for life by patent under the hand and seal of the Archdeacon. By the practice of the Ecclesiastical Courts, the presence of a Eegistrar or his Deputy is necessary whenever any Act is done by an Ecclesiastical Judge. In the County of Surrey it is customary to hold two visitations in the year, at each of which the Churchwardens are requested to make presentments. By custom Church- wardens (usually two in number, one elected by the Clergy- man and the other by tlie Parishioners) are chosen yearly in Easter week, and are admitted into office by the Ordinary at his visitation shortly afterwards. The Bishop of Win- chester usually attends the Spring Visitation, and the Archdeacon of Surrey the Autumn Visitation. The Archdeaconry of Surrey is divided into four districts or " Calls," for which Visitations are held in the principal towns of Guildford, Eeigate, Kingston, and Southwark. The following is the mode in which the business of the Court is conducted. Shortly after Michaelmas in every year, Processes are issued by the Deputy Eegistrar, under the seal of the Archdeaconry, addressed to all Clerks and literate persons whomsoever in and throughout the Arch- deaconry, appointing days for holding the Visitation in the respective parish Churches of the four above-named Towns, and directing them to cite the Clergy and Churchwardens to attend. These Processes are delivered to the Apparitor, who issues Citations accordingly, which are usually served by post. ARCHDEACONRY OF SURREY. 53 Printed Articles of Inquiry (commonly called Present- ment Papers) are prepared and forwarded by the Deputy Registrar, addressed to each of the Parishes or Districts within the Archdeaconry, and the Churchwardens fill up and sign their "presentments" ready for delivery at the Visitation. At the day appointed for the Visitation, the practice is for the Churchwardens to attend the Eegistrar's Clerk at the Vestry or some other convenient place in the Town, at nine o'clock in the morning, and pay " Procurations and Synodals" due from the Clergy to the Archdeacon and office fees ; they also produce for his inspection their Pre- sentments, and he takes care that they are formally filled up, and Initials and returns them for presentment to the Judge. After this, at an appointed time in the forenoon, the Archdeacon and Official or his Surrogate take their accustomed seats in the Church, attended by the Deputy Registrar, and (prior to Divine Service) the Court is for- mally opened and the Churchwardens are called over in rotation by the Deputy Registrar, when they appear person- ally and deliver in their Presentment papers, which are inspected by the Judge and delivered by him to the Deputy Registrar to be filed. The Archdeacon puts such questions as he thinks fit to the Churchwardens, and the Deputy Registrar enters Minutes of the proceedings in the Visita- tion Book. There is then Divine Service, and the Archdeacon delivers a " Charge." At the Easter Visitation (Commissary Court of Surrey) the routine is similar, excepting that the out- going Churchwardens have delivered to them a Declaration of Office which they, and subsequently the Churchwardens elect, sign. These are acknowledged before the Judge and filed by the Registrar. The Clergy of the Archdeaconry are inducted to their livings through the Registry of the Court, on the Bishop of Winchester issuing a mandate under his hand and seal to the Archdeacon. The mode of Induction is as follows : — The Clergyman to be Inducted gets some Clerical friend in the Archdeaconry to accompany him to the Church and deliver the Key of the Church into his hands in the pre- sence of the Churchwardens, he then tolls the bell and locks the Church door. 54 FACULTY, AND VICAR GENEEAL'S OFFICES. The Induction is read aloud and a Certificate of what is done is endorsed on the Induction, and signed by all parties. The Election of a Proctor for the Archdeaconry, to meet for the Clergy in Convocation, is also conducted through the Eegistry on the issuing of the Bishop's Mandate for that purpose. The following is the mode of Election : — A Citation issues and is served upon the Clergy, who upon the appointed day meet in the Court (the Ladye Chapel, Saint Saviour's), when their names are called and the Man- date is read. The Election then proceeds. There are more than 100 questions to he answered in a Churchwarden's Presentment. The Eegistry of the Archdeaconry of Siirrey is at No. 5, Godliman Street, Doctors' Commons. FACULTY OFFICE. The Faculty Office is the Office of the Archbishop of Can- terbury. It was established by Statute 25 Henry VIII. cap. 21. It grants Marriage Licences, Instruments for creating Notaries of England, Wales and the Colonies, dispensations to Clergymen to hold livings, qualifications of Chaplains, Degrees of D.D., B.D., &c. The Faculty Office has alone the right of granting Special Licences for Marriage. There is an Appeal to the Lord Chancellor. The Faculty Office is at No. 10, Great Knight Rider Street, Doctors' Commons. VICAR GENERAL'S OFFICE. In the Vicar General's Office Marriage Licences are granted, Instruments are prepared on the institution of Clergymen to Livings and on the induction of Bishops, and it is the Record Office of the proceedings of Convocation. The Vicar General's Office is in Wellington Chambers, Bell Yard, Doctors' Commons. OFFICE OF THE QUEEN'S PROCTOR. 55 OFFICE OF THE QUEEN'S PROCTOR The Office of the Queen's Proctor may properly be ranked amongst the Public Offices in Doctors' Commons ; the Qiieen's Proctor having public duties in connection with Probate and Divorce business. The 75th Non-Contentious Kule of the Probate Court directs that/'In all cases where application is made for Letters of Administration either with or without Will annexed of the goods of a Bastard dying a Bachelor or a Spinster, or a Widower or Widow without issue, or of a person dying with- out known relation, notice of such application is to be given to Her Majesty's Procurator General, or in case the deceased died domiciled within the Duchy of Lancaster to the Solicitor for the Duchy in London, in order that he may determine whether he will intervene on the part of the Crown, and no Grant is to be issued until the Officer of the Crown has signified the course which he thinks proper to take." Eule 76 directs that, " In the case of persons dying intestate without any known relation a Citation must be issued against the next of kin (if any) and all persons having or pretending to have any interest in the personal estate of the deceased, and the service thereof upon them shall be effected as required by Bule 70; such Citation must also be served upon the Queen's Proctor or upon the Solicitor for the Duchy of Lancaster as the case may require." The Queen's Proctor may also, upon leave being obtained intervene in suits in the Divorce Court. Eule 68 states that, " the Queen's Proctor shall within 14 days after he has obtained leave to intervene in any Cause, enter an appearance and plead to the petition, and on the day he files his Plea in the Eegistry, shall deliver a copy thereof to the Petitioner or to his Proctor, Solicitor, or Attorney." Eule 69 — "All subsequent pleadings and proceedings in respect to the Queen's Proctor's intervention in a Cause, shall be filed and carried on in the same manner as before directed, in respect of the pleadings and proceedings of the original parties to the Cause." The Office of the Queen's Proctor is at No. 5, Dean's Court, Doctors' Commons. 56 OFFICE OF THE MARSHAL OF THE ADMIRALTY. OFFICE OF THE MARSHAL AND SERJEANT-AT-MACE OF THE HIGH COURT OF ADMIRALTY. It is the duty of the Marshal of the High Court of Ad- miralty to attend the Judge of that Court with the Silver Oar (the ancient emblem of his Maritime Jurisdiction) during the sitting of the Court. The duties of this Officer are analogous to those of the Sheriff of a County: to execute Warrants and Attach- ments of the Court — this duty was formerly limited to the Port of London, but by the Eules and Eegulations issued pursuant to an Order in Council, on the 1st of January, 1860, the duties of the Marshal are now extended, and he has to execute the Orders of the Court at all Outports in the kingdom within its jurisdiction. — To enable him to perform these duties at the Outports he has, with the authority of the Lords of the Treasury and the Commis- sioners of the Board of Customs, appointed the Collectors of the Customs at the various Ports to act as his substitutes. Warrants executed by the Marshal are sometimes for the Arrest of Persons, but more usually for the Arrest of Ships, Goods or Freight ; these Warrants require to be promptly executed, especially when Ships are ready to proceed to sea, and it is necessary for the Marshal to have Officers under his control in different places to whom he can intrust the execution of the same. The Marshal has the custody of Ships and Goods when arrested by him, for the safety of which it is requisite that he should have careful ship-keepers in his employ or at his command. His duty in executing decrees of the Court relative to the unlivery of the Cargoes and the removal of Ships and Cargoes from one port to another, and the Appraisement and Sale of Ships or Goods are attended with great respon- sibility. It is the duty of this Officer to inquire into the sufficiency of persons proposed as Sureties in this Court and to Certify in respect thereto. DISTKICT EEGISTEIES. 57 During hostilities the duties of the Marshal are greatly- increased; during the Eussian War, 1854, he had the care and custody of all Vessels and Goods captured and brought into any of the ports of the United Kingdom of Great Britain and Ireland, and the sale of such ships and cargoes as were condemned, the proceeds whereof he paid into"the Account of Her Majesty's Paymaster General, at the Bank of England. The Office of the Marshal is at No. 3, Paul's Bakehouse Court, Doctors' Commons. DISTRICT REGISTRIES. Attached to and under the control of Her Majesty's Court of Probate are 40 District Begistries, situate in various parts of England, according to a Schedule annexed to the Probate Act of 1857, and hereafter recited. Sec. 13 of that Act enacts that, " There shall be established for each of the Districts specified in Schedule (A) to this Act, and at the places respectively mentioned in such Schedule a Public Begistry attached to and under the control of the Court of Probate hereafter referred to as 'The District Begistry.' " The 46th sec. enacts that, " Probate of a Will or Letters of Administration may, upon application for that purpose to the District Begistry, be granted in common form by the District Begistrar in the name of the Court of Probate and under the Seal appointed to be used in such District Begis- try j if it shall appear by Affidavit of the person or some or one of the persons applying for the same that the Tes- tator or Intestate, as the case may be at the time of his death, had a fixed place of abode within the District in which the application is made, such place of abode being stated in the Affidavit, and such Probate or Letters of Ad- ministration shall have effect over the Personal Estate of the deceased in all parts of England accordingly." 58 DISTRICT REGISTRIES. The 48th sect, enacts that, " The District Eegistrar shall not grant Probate or Administration in any case in which there is contention as to the grant until such contention is terminated or disposed of by Decree or otherwise, or in which it otherwise appears to him that Probate or Admin- istration ought not to be granted in common form." Sect. 59 enacts that, " It shall not be obligatory on any person to apply for Probate or Administration to any District Kegistry or through any County Court, but in every such case such application may be made through the Principal Eegistry of the Court of Probate, wherever the Testator or Intestate may at the time of his death have had his fixed place of abode, &c. DISTRICT REGISTRIES. 59 SCHEDULE (A.) Districts and Places of District' Eegistries throughout England and Wales. Districts. Places of District Registries. 1 County of Northumberland (a) Newcastle-on-Tyne 2 County of Durham Durham. 3 Counties of Cumberland & Westmorland Carlisle. 4 West Eiding of the Comity of York Wakefield. North Eiding ditto ] 5 East Eiding ditto (6) including the > York. City of York and. Ainsty j 6 County of Lancaster, except the Hun- Lancaster. dred of Salford and West Derby and the City of Manchester - 7 City of Manchester & Hundred of Salford Manchester. 8 Hundred of West Derby in Lancashire Liverpool. 9 County of Chester (c) Chester. 10 Counties of Carnarvon and Anglesea Bangor. 1 1 Counties of Flint, Denbigh, & Merioneth St. Asaph. 1 2 County of Derby Derby. 1 3 County of Nottingham (d) Nottingham. 14 Counties of Leicester and Eutland Leicester. 15 County of Lincoln (e) Lincoln. 1 6 Counties of Salop and Montgomery Shrewsbury. 1 7 Northern Division of Northampton, and Peterborough. Counties of Huntingdon and Cam- bridge (f) 18 County of Norfolk (g) Norwich. 19 Eastern Division of the County of Suf- Ipswich. folk and North Division of the County of Essex 20 Western Division of the County of Suffolk Bury St. Edmunds. 21 County of Bedford and Southern Divi- Northampton. sion of Northamptonshire (h) 22 County of Warwick (i) Birmingham. 23 County of Stafford (k) - Lichfield. 24 Counties of Eadnor, Brecknock, and Hereford. Hereford (a) Including Towns & Counties of Newcastle-on-Tyne & Berwick-upon-Tweed. (J) Including the Town and County of Kingston-on-Hull. (c) Including the City of Chester. Id) Including the Town of Nottingham. (e) Including the City of Lincoln. (/) Including the University of Cambridge. (g) Including the City of Norwich. (h) Including the Town of Northampton. (i) Including the City of Coventiy. (A) Including the City of Lichfield. 60 DISTRICT REGISTRIES. SCHEDULE (A.)— continued. Places of Districts. District Registries. 25 Counties of Cardigan, Carmarthen (I), Carmarthen. and Pembroke (m) with the Deane- ries of East and West Gower in the County of Glamorgan 26 Counties of Glamorgan (with the Ex- Llandaff. ception of the Deaneries of East and West Gower) and Monmouth - 27 County of Worcester (n) Worcester. 28 County of Gloucester (o), except the Gloucester. present Bristol County Court District 29 Bristol and Bath present County Court Bristol. Districts 30 Counties of Oxford (p), Berks, Bucks Oxford. 31 Eastern Division of the County of Wells. Somerset, except the present Bath County Court District, and the Part in Somersetshire of the present Bris- tol County Court District 32 Western Division of the County of Taunton. Somerset 33 County of Devon (q) Exeter. 34 County of Cornwall Bodmin. 35 County of Wilts - Salisbury. 36 County of Dorset (r) Blandford. 37 County of Hants (s) Winchester. 38 Eastern Division of the County of Lewes. Sussex (t) 39 Western Division of the County of Chichester. Sussex 40 Eastern Division of the County of Canterbury. . Kent (u) The Divisions of Counties referred to in the Schedule are the Divisions of the same Counties described for Election Purposes in the Act of the Second and Third Years of King William the Fourth Chapter Sixty-four, and the Cities and Towns herein referred to are to be taken to include the Counties of such Cities and Towns as are Counties of themselves. (I) Including the Town of Carmarthen. (to) Including the Town of Haverfordwest. (n) Including the City of Worcester. (o) Including the City of Gloucester. ( p) Including the University of Oxford. (o) Including the City of Exeter. (;■) Including the Town of Poole. (s) Including the Town of Southampton and Isle of Wight. (t) Including such of the Cinque Ports and their Dependencies as are locally situate in the County of Sussex. (u) Including the City of Canterbury and such of the Cinque Ports and their Dependencies aa are locally situate in the County of Kent. OF BRINGING IN WILLS OK TESTAMENTARY PAPERS. 61 lE'.A. RT V. A TEEATISE ON PROBATE COURT BUSINESS. Chapter I. OF BRINGING WILLS OF DECEASED PEESONS INTO THE PRINCIPAL REGISTRY. For Grants in Common Form — By Subpoena ■ — On Motion — On Renunciation — From Lunacy Office — On issuing Citation to accept or refuse Probate, &c. — With Affidavit of Scripts — From the District Registries — With Affidavit when the Will or Testamentary Paper has not been properly executed. Having spoken of the Courts lately and at present con- nected with Doctors' Commons, of the Registries therein, and of the most public departments of the Principal Regis- try, Probate Court Business will now be treated of. All the Business of Granting Probates and Letters of Bu^'ess 00 ""' Administration may, in one sense, be said to be Probate defined. Court Business, as it is all transacted under the Authority of the Probate Court; but the largest portion of it does not come before the Court itself, but is transacted in the different Registries and has obtained the name of " Common Form" or " Non- Contentious Business." By the term " Probate Court Business," is chiefly meant that Business which comes before the Judge in the shape of Summonses, Motions, Petitions, and Causes. This is called, when speaking of Causes, " Contentious Business." As the Court Business includes certain matters which, though moved in Court are not contested, it is obvious that "Contentious Business" does not adequately describe Court Business, and the term "Common Form Business" includes in it more than "Non-Contentious Court Business." The Non-Contentious Business of the Coxtrt consists prin- ^"5^™^. 62 OK BRINGING IN Contentious Business. Registrars' power to transact Court Business. cipally of Exparte Motions, comprising questions of difficulty arising in uncontested cases, and decreeing Grants in Cases in which parties have been Cited to accept or refuse and have not appeared. The Contentious Business is generally confined to Causes in which there are opposing or contending parties, but the appearance of an opposing party is not always essential to constitute it, for there may be Contentious proceedings in Default of Appearance. Thus, when a party is cited to see a "Will proved in solemn form of law it is optional with him to appear or not, but the proceedings are nevertheless of a contentious nature, although he be absent. Non-Contentious Business as defined by the " Court of Probate Act, 1857," includes all Common Form business and the "Warning of Caveats. Bule 3, in Contentious Business states that, " All pro- ceedings in the Court of Probate or in the Eegistries there- of, in respect of business not included in the Court of Probate Act, 1857, under the expression ' Common Form Business,' except the. "Warning of Caveats, shall be deemed to be Contentious Business." Sect. 2 of the above Act declares that "Common Form Business" shall mean the busi- ness of obtaining Probate and Administration where there is no contention as to the right thereto, including the passing of Probates and Administrations, through the Court of Probate in Contentious Cases when the contest is terminated, and all business of a non-contentious nature to be taken in the Court in matters of testacy and intestacy, not being pro- ceedings in any suit, and also the business of lodging Caveats against the grant of Probate or Administration." Summonses, Motions, Petitions and Causes will now be chiefly spoken of, but there are other things that partake of the nature of Court Business, for instance, Subpoenas to bring in "Wills and Eegistrars' Orders. The Eegistrars have power to issue Subpoenas, hear Motions, grant Summonses, and make many Orders of a Judicial nature. They do not exercise this power merely as Eegistrars, for the . Eegistrars of the Prerogative Court had no such poAver, but the Eegistrars of the Probate Court, in addition to their power as Eegistrars, have certain powers conferred on them by 21 & 22 Vic, cap. 95, sec. 24, which enables them to exercise the same power and authority which Surrogates of the Judge of the Prerogative WILLS OE TESTAMENTARY PAPEES. 63 Court of Canterbury were invested with before the passing of the Court of Probate Act. The Kules of Court also show that in many cases they act as substitutes for the Court, and in that capacity transact what is essentially " Probate Court Business." A "Will is the very foundation of Testamentary or Probate j^JJ^ljU of Business, consequently the Will and the means of obtain- Testamentary ing it become the first objects of inquiry. The various UBmeBS ways in which Wills are brought into the Principal Eegistry are therefore prominently mentioned. Wills are brought into the Principal Eegistry in at least Sought in in nine different ways. Thus they are brought in for Probate afferent wa 3 -s - in Common form ; on Subpoena, against any persons who may happen to hold them ; with Motion Papers, in order to move the Court concerning them; with the Eemmciation of the Executors ; from the Lunacy Office ; on issuing Citations against parties to accept or refuse Probate or Letters of Administration with Will annexed; with Affida- vits of Scripts in Causes. Wills are also sent up to the Principal Eegistry from District Eegistries, and there are Wills, so called, deposited in the Eegistry, of which Probate has been refused in consequence of informal execution. These different modes of bringing in Wills will now be for Grant !n briefly explained. S: fo " Personal WILLS BEOUGHT IN FOE GEANT IN COMMON &££»|*™L. Department or FOPiM. Receiver. Wills brought in for Probate or Administration with the Will annexed are taken to the Personal Applications Depart- ment, if the parties intend to extract the Grant through that Department, but if the Grant be obtained by a Practi- tioner the Will is taken with the other papers already spoken of to the Eeceiver. WILLS OE TESTAMENTAEY PAPEES BEOUGHT IN ON SUBPCENA. The 23rd sect, of the Probate Act of 1858, enacts that, " It wiUs,&c, shall be lawful for a Eegistrar of the Principal Eegistry of subpoena. the Court of Probate, and whether any Suit or other pro- ceeding shall or shall not be pending in the said Court, to issue a Subpoena requiring any person to produce and bring into the Principal or any District Eegistry, or other- wise, as in the said Subpcena may be directed, any paper 64 OF BRINGING IN Subpoena when no Suit is pending. When Will can. not be brought in without Subpoena. Affidavit re- quired. Affidavit must be satisfactory. or writing being or purporting to be testamentary, which may be shown to be in the possession, within the power, or under the control of such person ; and such person, upon being duly served with the said Subpcena, shall be bound to produce and bring in such paper or writing, and shall be subject to the like Process of Contempt in case of Default as if he had been a party to a suit in the said Court, and had been ordered by the Judge of the Court of Probate to produce and bring in such paper or writing." Though there is practically very little difference between the mode of bringing in a Will, whether a suit be or be not pending, it will be convenient to make a distinction and speak first of bringing in a Will when no suit is pending. For the sake of brevity the word " Will " only is used, but the Eeader will understand that it is intended to include Codicils and generally all Papers which are Testamentary. Any person may be required to bring a Will or Testa- mentary Paper into the Principal or a District Eegistry, provided it be shown to be in his possession, or power, or under his control. It sometimes happens that an Executor holds a Will and is perfectly willing to bring it into the Eegistry, but he will not renounce. It sometimes also happens that a per- son other than the Executor holds a Will who is willing to bring it into the Eegistry, but will not hand it over to the Executor or other applicants for it. In these cases the only alternative is for the party to retain possession of the Will until a Subpcena issues against him, as Wills of de- ceased persons are not received into the Eegistry merely to relieve persons from their custody. The mode of showing that a Will is in the possession of a party is by Affidavit. It is not the practice to require the Interest of the party issuing the Subpoena to be stated. It may be by or against an Executor, or one Executor against another ; but the Affidavit must describe the Paper and state the name and residence of the deceased, and that the Will is in the possession, within the power, or under the control of the person or persons against whom the Subpoena is to issue. If the date of the Will or Paper be known it should be stated, if it be not known the -words should be inserted, " the date whereof is not known." If this Affidavit be satisfactory the Registrar will grant an Order for the Subpcena to issue. A printed form of WILLS OH TESTAMENTARY PAPERS. 65 order may be obtained from the Clerk of the Papers. A printed form of Subpoena called "Subpoena in a proceeding in Common form to bring in a Script," may be obtained from a Stationer. A Praecipe is required to lead the Subpoena, a printed Precipe form of which may also be obtained from a Stationer. All reqmr ' these papers are taken to the Clerk of the Papers, who order ana Sut>- receives the fees and forwards the papers to the Registrar, ]^ B {Jj| , a t ° be by Avhom the Order and Subpoena are signed. The Affkla- Registrar, vit, Order, and Praecipe are then filed by the Clerk of the Papers and the Subpoena is handed to the Sealer who, Subpoena to to having attached the Seal, returns it to the Practitioner. Bea ed- The fees are 5s. for the Subpoena; 2s. 6d. for the Affidavit; Fees, and 2s. 6d. for the Order. The Pees are not placed on the Documents, but are given either in one or several Stamps to the Clerk of the Papers. Subpoenas are served personally; the mode of service is by service of showing the original if required and leaving a copy with the a pcma " party. Rules 13 to 22 in Contentious Business, apply to Cita- tions, and Rule 21 directs "The above Rides, so far as they relate to the service of Citations, are to apply to the service of all other Instruments requiring personal service." An Endorsement of the service as in the case of a Gita- Endorsement. tion had better be placed thereon, in case it be necessary to issue an Attachment against the party served for not bring- ing in the Will. The Subpoena after service need not be filed, except for the purpose of obtaining an Attachment. AVhen a Cause is pending it sometimes happens that subpoena when Scripts or Testamentary Papers are in the hands of persons ^aing. who will not deliver them to the parties in the suit for use therein. If the Affidavit of Scripts has not been filed the Affidavit of fact of the papers being in the custody of such persons sufficient may be therein stated. Upon that Affidavit the Registrar to show custody. will allow the Subpoena to issue. If the Affidavit of Scripts has been filed, and Scripts be afterwards discovered to be in the possession of any person, then an Affidavit must be made as to their custody as already stated. Res- pecting the "Production of Wills, &c," Rule 73 in Conten- ^ ]ication tious Business states that " Applications for an Order for j^dgfon™ t0 the production of Papers or Writings purporting to be ^™ r OT Sum ' Testamentary may be made to the Judge, by Motion or by g°££* rara F 66 OF BKINGING IX Summons, when a Suit is pending, and by Motion upon Affidavit when no suit is pending. If it can be shown that a Testamentary Paper is in the possession, within the power, or under the control of any person, a Subpcena for the production of the same may be obtained by a Regis- trar's Order founded on an Affidavit." Until the passing of 21 & 22 Viet., cap. 95, it was the practice to move for all Subpoenas to bring in Testamentary Papers, but now, under the 23rd section of that Act, a Registrar of the Principal Registry, whether any suit shall or shall not be pending, may issue a Subpoena to bring in a Will, and the applications to the Judge are confined almost entirely to cases in which there is not sufficient certainty that the person supposed to have the Will really has it. In these cases a Subpoena is not required. By 20 & 21 Vict., cap. 77, sect. 26, it is enacted that if there appear reasonable grounds for believing that a person has the knowledge of any paper or writing the Court may direct such person to attend, for the purpose of being ex- amined in open Court or upon interrogatories respecting the same, and, if so ordered, to prodtice and bring in such paper or writing. This direction to attend is generally obtained by Motion, bet^eenjua o'b ^- ne " Subpoena to bring in a Script decreed by the and Registrar's Court " differs in form from the Subpoana issued by a u pcenas. Registrar. The former requires that if the Testamentary Papers be not in the custody of the party against whom it issues, that he do file in the Principal Eegistry an Affida- vit to that effect, and therein set forth what knowledge he has of and respecting the said Paper Writing, or Script, and it also differs from a Registrar's Subpoena by inflicting pecuniary a Pecuniary Penalty for non-obedience in these words, disobedience. " this you shall in nowise omit, under the penalty of £100." Attachment for If the Will or Testamentary Paper be not brought in, in noTtaSiging in obedience to any Subpoena, an Attachment for Contempt of win. Court will be granted. To obtain an Attachment a Motion Attachment, must be made to the Court by Counsel. For this purpose subpoena, the usual Statement of facts must be made. The Subpoena sSte 1 ment lld must be brought into the Registry with an Affidavit of Re g"ft h ry! nt0 Service and an Affidavit of Non- Appearance, and that the Will has not been brought in. Before making the Affidavit that the Will has not been brought in, the Appearance Book should be searched ; in- WILLS OR TESTAMENTARY PAPERS. 67 quiry should also be made of the Clerk of the Papers and search and of the Beceiver, and at the Personal Applications Depart- w?if hllbeen 6 ' ment, whether the Will has been brought in. The brought in. Appearance Book should be searched, because although a person against whom a Subpcena to bring in a Will has issued need not enter an Appearance on bringing it in, yet he may not have the Will in his custody and consequently might then enter an Appearance and file an Affidavit that the Will was not in his Custody, and the above inquiries are necessary as it has several times happened that Wills have been brought into wrong Departments or District Registries not mentioned, in supposed obedience to the Subpcena. The following are the Directions to Persons bringing in Testamentary Papers under a Subpoena : — • "Any person bringing in a Will or Testamentary Paper Directions to in obedience to a Subpcena, is to take it in the first instance f£l i n n Testa- s ' to the Clerk of the Papers, who will prepare a Minute to ",'ffiS be signed by the sitting Eegistrar to whom the Will or Paper brought in is to be delivered, and the Eegistrar will sign the Minute which will record such delivery." " The Minute is to be entered in the Book of Eegistrars' Minutes in the usual manner, and the fee of 2s. 6d. for the entry will be payable, also a further fee of 2s. 6d. for filing- each Testamentary Paper brought in. If these fees should not be paid by the person bringing in the Will or Paper, the same are to be charged to the person who may first apply to the Clerk of the Papers to make use of the Will or Paper so brought in. In case the person bringing in a Will or Testamentary Paper may desire to have a Voucher for its delivery into the Eegistry, he may take an office copy of the Minute on paying the usual fee for the same." " Any person served with a Subpoena to bring in a Tes- tamentary Paper is at liberty to enter an Appearance on payment of the usual fees if he thinks fit to do so." By Non-Contentious Rule 87, the time fixed for entering Time for enter- an Appearance to a Subpcena to bring m a lestamentary Paper shall in all cases be exclusive of Sundays, Christmas Day, and Good Friday. There is also in the Contentious Eules a Form (No. 22) of ^eTto " a " Subpoena to a Witness to be examined touching a ^ ^ e g d Testa . Testamentary Paper of which he is supposed to have know- mentary Paper, ledge," but as this form is- rarely used it will be sufficient merely to point out its existence. F 2 68 OP BRINGING IN will not in If the Will be not in the custody or under the control of asainst wifom ty tlle person against whom the Subpoena issued, he may, in Snbpcena ' order to save his contempt for not obeying the Subpana, enter an Appearance and file an Affidavit that the Will is not in his custody or under his control, costs of If a person has brought in a Will in obedience to a subpoena. Subpoena, or appeared and filed an Affidavit that the Will is not in his custody or under his control, he may take out a Summons to show cause why he should not have his costs. In the Prerogative Court if a person called on another to bring in a Will, within six months from the time of death of the Testator, he did so " at the risk of Costs." WILL BROUGHT IN FOR MOTION, wm brought -n Whenevee a question arises respecting a Will or other for Motion Testamentary Paper on which it is necessary to move the Court, if such Will or Paper be in the custody of the Practitioner, it must be brought in and delivered to the Clerk of the Papers with the Statement for Motion. WILL BROUGHT IN ON RENUNCIATION. mEmunci'a." 1 If a Will be in the custody of the Executor and he has uon of Executor executed an Instrument of Renunciation of Probate, the entui^dt^a 3011 Will may be brought into the Registry with the Renuncia- Grant. ^ on an( j fQ ec [ f or sa f e cus tody. A Registrar's Order is necessary for the purpose ; a printed form of which may be obtained from the Clerk of the Papers. If the Executor be dead the Residuary Legatee or other person next entitled to a Grant, but unwilling to accept it, may, on his Renunciation, in like manner deposit the Will in the Registry. The Will and Renunciation must be deposited by the Practitioner to whom the Renunciation is addressed. The fee for filing the Will is 10s.; for the Renunciation, 2s. Gd.; for the Order, 2s. 6d. After being filed the Will and Renunciation are handed to the Record Keepers. . . . "No person who renounces Probate of a Will or Letters Of Administration of the personal estate and effects of a . deceased person in one character, is to be allowed to take a representation to the same deceased in another character. — Rule 5, Non-Contentious. WILLS OR TESTAMENTARY PAPERS. 69 WILL BROUGHT IN FROM LUNACY OFFICE. Wills are brought into the Principal Registry from the wm brought in Lunacy Office, upon the decease of the Lunatic. They are office. 1 * nacy delivered to the Registrar and then handed to the Clerk of the Papers, who receives for filing the Will a 10s. fee stamp from the first person who may use the Will. After being- filed the Will is handed to the Record Keepers to whom application must be made by Executors or other persons desiring to be sworn thereto for the purpose of taking a Grant. WILL BROUGHT IN ON ISSUING A CITATION. When a person issues a Citation against another to accept wm brought m or refuse Probate or Administration with the Will annexed, tSu toaccept oV if the Will be in the possession of the party issuing the ^j?^*^^ Citation, he must on issuing the Citation bring the Will tion win. into the Registry and hand it to the Clerk of the Papers. The reason for this is that in a Citation to accept or refuse a Grant an intimation is inserted, that if the party cited do not appear and accept the Grant the Judge or the Registrars will give the Grant to the party issuing the Citation ; but no such intimation can be inserted if the Will be not in the Registry. WILL BROUGHT IN WITH AFFIDAVIT OF SCRIPTS. In Testamentary Causes all parties file Affidavits of Scripts, wm brought in and annexed thereto file any Will or Wills, Codicils, Drafts Tm^tSt of Wills or Codicils or Instractions, that may be in their g^ s iu " possession. Affidavits of Scripts will be hereafter alluded to. The intention here is merely to show the various ways in which Wills are brought into the Registry. WILLS FROM DISTRICT REGISTRIES. It not unfrequently happens that a Will is taken into a wniafromDis- District Registry, respecting which application has to be trict Ue s ,3tr,es - made to the Court on Motion, or which is to be the subject of Contentious proceedings. Sometimes these Wills are voluntarily sent from the District to the Principal Registry. Generally application is made to the Registrars of the 70 OF BRINGING IN "Will not pro- perly executed. Principal Eegistry to request that the Wills or Testamen- tary Papers be transmitted to the Principal Eegistry for the above purposes. The mode of making this application is by letter, describing the papers and stating the Registry in which they are deposited and the purpose for "which they are required, and enclosing postage stamps. WILLS NOT PROPERLY EXECUTED. There is one other way in which a Will, or rather Testa- mentary Paper, is brought into the Eegistry. When a Will is not properly executed, so as to render it a valid Will, an Affidavit may be made of the facts and be taken with the Will to a Registrar who, if satisfied with the Affidavit, will write his fiat on the Will, " Probate re- fused." The next of kin may then proceed to obtain Ad- ministration as in case of an Intestacy. It was formerly the practice to move the Court for Probate of these Wills, which Motion was, of course, rejected ; but the anomaly of showing the Court that a Will had been imperfectly executed, and then praying for Probate of it has been dis- continued for the present more simple, expeditious, and less expensive practice. The fee for the fiat is 5s. ; Is. for filing the Will ; and 2s. 6d. for filing each Affidavit. The fees, if not taken by the Registrar's Clerk, are taken by the Clerk of the Papers with whom the papers are filed. " If there be no Attestation Clause to a Will or Codicil presented for Probate, or if the Attestation Clause thereto December, 1837. be insufficient, the Registrars must require an Affidavit from at least one of the subscribing Witnesses, if they or either of them be living, to prove that the provisions of 1 Vict., chap. 26, sec. 9; and 15 Vict., chap. 24, in re- ference to the execution were in fact complied with ; and such Affidavit must be engrossed and form part of the Probate."— Rule 4. " If on perusing the Affidavits of both the subscribing Witnesses, it appear that the requirements of the statute were not complied with, the Registrars must refuse Pro- bate."— Rule 5. " If on perusing the Affidavit or Affidavits setting forth the facts of the case, it appear doubtful whether the Will or Codicil has been duly executed, the Registrars may re- quire the parties to bring the matter before the Judge on Motion."— Rule 6. Rules as to execution of Wills dated WILLS OR TESTAMENTARY PAPERS. 71 " If both the subscribing Witnesses are dead, or if from other circumstances no Affidavit can be obtained from either of them, resort must be had to other persons (if any) who may have been present at the execution of the "Will or Codicil ; but if no Affidavit of any such other person can be obtained, evidence on Affidavit must be procured of that fact and of the handwriting of the deceased, and the subscribing Witnesses, and also of any circumstances which may raise a presumption in favor of the due execution." — - Eule 7. The various ways in which Wills are brought into the Principal Eegistry have now been stated. It may be as well here to observe that whenever the Court has to be moved, or Contentious proceedings arise respecting them, the Clerk of the Papers ought to be in- structed as to their having been deposited in the Eegistry, in order that he may take the necessary steps to have them in Court. The mode in which Probates or Letters of Adminis- tration are obtained in cases when it is necessary to make application to the Court, and also how Probate of an alleged Will or Grant of Administration is opposed will now be stated. Chapter II. OF CITATIONS. 1. — Citations in Non-Contentious Business — To accept or refuse Probate, Administration Will, or Administration. 2. — Citations in Contentious Business — To see a Will proved — To bring in Probate — To propound a Will or Tes- tamentary Paper — To bring in Letters of Administration — To see proceedings — For Inventory and Account. Citations are of two kinds, Non-Contentious and Conten- tious. The word Citation explains the nature of the instrument ^ a a t 4 > 8 itself. It is a document calling or citing a person to appear 72 CITATIONS Citations of different kinds. Non-Conten- tious Citations. Non-Conten. tious Citation may lead to Contentions Business. Citations are drawn in draft. Settled by Registrar, before the Judge, to do an act or to see one done. In the Prerogative Court the same instrument was called a "Decree," as it was "decreed" to issue by the Court or by a Surrogate. No such "decreeing" is now necessary, except against Heirs-at-Law or persons interested in real Estate, as will be hereafter seen. The rules respecting " Eon-Contentious" and "Conten- tious" Citations are similar, though the objects of Citations are widely different. It is intended here to explain their various objects, to show the forms of Citations, how they are obtained, and what proceedings these different Citations initiate. The Non-Contentious Rules allude to Citations, but do not contain a form. In the Contentious Rules various Citations are named and forms given. Nevertheless, Cita- tions of a Non-Contentious nature are the most numerous, and there will be no difficulty in denning them. By Citations of this nature persons are cited to accept or refuse Probate or Administration with Will annexed, or Letters of Administration, or to show cause why the same should not be granted to the party citing. Thus they are distinguished from other Citations as " Citations to accept or refuse." These Citations seldom lead to Contentious Business though they may do so occasionally. It is some- times necessary to Cite a person to accept or refuse a grant, not with the intention of allowing that person to take it if an appearance be given, but with the determination to oppose it. For example, it may happen that a person has died intestate leaving a Widow, and that she has become a dissolute character, yet as her right to the grant may not be destroyed by an exparte assertion of her unfitness to have it, she may have to be cited to accept or refuse. If she appear, a Caveat may be entered against her taking the grant. She wotild then warn that Caveat and proceed by "Petition," and so far as that Petition constitutes Contentious Proceedings that Citation to accept or refuse would result in Contentious Business.* Citations are usually drawn in Draft and settled by a. Registrar, but this is not imperative, for if of a merely ordinary description and correctly drawn they are signed at once without being previously settled. If required to be settled the Draft is brought to the Clerk of the Papers and by him forwarded to the Registrar ; after being settled, the * A Petition is set down for heariDg as a Cause — also see "Registrar's Order" passing over the Widow. TO ACCEPT OR REFUSE. 73 Draft is generally returned to the Clerk of the Papers and by him handed to the Practitioner. The first questions in drawing a Citation are, What is "° a ° cit 3 ™*" the interest of the party or parties to be cited ? and what ""' h the interest of the party citing ? The principle of a Citation is that you must set before the parties cited what is their interest and what is yours. The word " interest " i nte T est of requires explanation. It does not mean the amount of beneficial interest a person has in the deceased's property, but the nature of his interest in respect of the grant. An interest is acquired at least in three ways : 1st. Under a Will or Testamentary Paper, as an Executor or Legatee, or as the representative of these. 2nd. In the case of Intes- tacy, by relationship to the Intestate, or as representative of such relation. 3rd. Solely by Law, as in the case of a Creditor, or his representative. When, therefore, the question is asked, what is your interest in the goods of the deceased ? The answer is I am an Executor or Universal, Eesiduary or Specific Legatee, or Husband, Widow, or next of Kin, or party entitled in dis- tribution, or a Creditor, or the representative of some one of these, viz. : his Executor, Administrator, or Assignee, &c. Having ascertained the prior interests, the party citing ciear off prior has to " clear them off." An interest must be cleared off nterest ' even though no person has existed to claim it; for instance, if an Intestate died a Widower, without ever having had a Child, and leaving a Brother or Sister who wanted the Grant, he or she would have to state in the Citation that the In- testate died a Widower, without Child or Father, leaving his natural and lawful Mother, &c. So in the case of a Will, if the deceased did not appoint an Executor, it must be stated that the deceased made his Will "but did not therein name any Executor." If he did name an Executor it must be shown what has become of him — whether he died in the lifetime of the Testator or afterwards, without having proved, or if he proved, and then died, whether he died testate or intestate, and whether his own Will has been proved, or whether his Executor renounced the Probate ? There are four ways of clearing off the Executor, exccuIot. 1st — by showing that none was appointed, 2nd — that he was appointed but is dead Intestate, 3rd — that he has renounced, and 4th — if he be alive and has not renounced he will be cleared off by non-appearance to Citation. 74 CITATIONS entfuedS." 1 " 7 Persons equally entitled need not be cited to accept or cited. refuse a Grant, for instance, one Eesiduary Legatee does not Cite any other Eesiduary Legatee, neither does one next of kin Cite another next of kin whatever be their degree of relationship, neither does a Creditor Cite another Creditor. Party in Ms It is a rule never to grant Administration to a party entitle! before claiming by a representation while there is a party entitled representative. in j^ Qwn T ^t, Every party, therefore, claiming by representation must, before he can obtain a Grant, Cite all those who are entitled in their own right, or obtain their renunciations, entitled to " No person entitled to a general Grant of Administration general Grant of the personal estate and effects of the deceased will be to take limited, permitted to take a limited Grant, except under the direc- tions of the Judge," Eule 30. A Creditor, therefore, cannot Cite all persons entitled in distribution, and then take a grant limited to the amount of his debt. Attorney. 7 " In the case of a person residing out of England, Ad- ministration, or Administration with the Will annexed, may be granted to his Attorney, acting under the Power of Attorney," Eule 32, Non-Contentious. An Attorney may therefore issue a Citation. The Power of Attorney must be brought into the Eegistry at the time of issuing the Citation, an Executor 118 ' ^ a P erson nas made a Will and appointed an Executor, that Executor has the first right to prove the Will ; if he neglect to do so a Citation may issue against him to accept or refuse the Probate. Before this Citation can be had the Will must either be brought into the Eegistry by Subpoena, as already stated, or be in the custody of the person about to extract the Citation, who will have to bring it into the Eegistry when the Citation is extracted, accept or ?efu 6 e If a person has made a Will and appointed an Executor Legatee? uarr an< ^ Eesiduary Legatee, the Eesiduary Legatee has the second right to prove the Will, or in other words, he is the first person who has a right to Letters of Administration with the Will annexed. It will be borne in mind that there are varieties or grades of Eesiduary Legatees ; the Eesiduary Legatee in trust has prior- ity over the Eesiduary Legatee for life, and over the beneficial Eesiduary Legatee, and the Eesiduary Legatee for life is preferred to the substituted Eesiduary Legatee ; but by the TO ACCEPT OR REFUSE. 75 term Eesiduary Legatee is commonly meant the beneficial or absolute Eesiduary Legatee, and in the great majority of cases he has the second right to the Grant ; when, however, the other interests exist, they must be cleared off to establish minor interests. In order to obtain that Grant, he must, if the Will be not in his possession, issue a Subpoena against the holder of the Will, whether he be the Executor or any other person, to bring it into the Eegistry, and then issue a Citation against the Executor to accept or refuse Probate, or show cause why Letters of Administration with the Will annexed should not be granted to himself, with an intima- tion that in default of appearance it will be. so granted. If the Will be in his custody, he must as before stated, bring it in on issuing the Citation. If a person has died, having made a Will and therein citation to j T? 4- t>-j tj. JTJ- j accept or refuse named Executors, Eesiduary Legatees and Legatees, and t y Legatee, one of those Legatees wishes the Will to be proved, he may Cite the Executors to accept or refuse Probate, and the Eesiduary Legatees to accept or refuse Letters of Ad- ministration with the Will annexed, or show cause why Letters of Administration with the Will annexed should not be granted to himself with the intimation just men- tioned. The observations with reference to bringing in the Will apply equally to this case as to the former cases. If there be no Eesiduary Legatee, the Legatee wishing legatee against to prove the Will must Cite the Executor, next of kin of the deceased, and persons entitled in distribution. Before a Creditor can obtain Administration with Will §S|™ by annexed he has to Cite the Executor and Eesiduary Legatee, or if the residue be undisposed of, the next of kin and parties entitled in distribution precisely the same as a Legatee. He need not Cite Legatees as his right is equal to theirs. The Creditor will have to file an " Affidavit of Debt," that is to say, the Affidavit which he will file to lead the Citation must, in addition to the facts which a Legatee would state with reference to the Will, also state the amount of property, the nature and amount of his debt, and when it accrued, and that he holds no security, or none available without a representation. In case of Intestacy, the time of the Intestate's death is intestacy. the period at which the Interest of the parties entitled to share in the distribution of his property arises, and their 76 CITATIONS Parties entitled to Administra- tion. Creditor cites Father. Mother nest of Kin. Next of kin means at the time of death. Mother cited by Brother or Sister. Persons equally entitle J not cited. rights are ascertained from that time alone, however remote it may be at the time the inquiry is made. Such interest must be defined according to the statutes for the distribution of Intestate's Estates, and be traced by legal representation. When a person has died Intestate, a Bachelor, or a Widower without issue, leaving a father, he is the sole person entitled to Letters of Administration. If he be dead, the Mother is the next entitled, then Brothers and Sisters equally, and whether of the half or whole blood. If there be no Brothers or Sisters, then Grandfathers and Grandmothers become next entitled, after them Nephews or Nieces, and Uncles and Aunts become equally entitled to the Grant. If the Intestate has died leaving a Widow she is the first person entitled to Administration. If there be no Widow the Child or Children are entitled. If there be no Child a Grandchild is next entitled to Administration. The Father of a Bachelor, or of a Widower without child, or of a Spinster, or Widow without child, being the sole person entitled to the Goods of the deceased, may or may not take Administration, as he thinks proper. He cannot be Cited by any party entitled in distribution — no person being so entitled; but as the deceased may have left Creditors the Father may be Cited by any one of these to accept or refuse Letters of Administration, or show cause why the same should not be granted to the Creditor, with an intimation that if he do not appear and accept the grant the Judge or the Begistrars will give it to the Creditor. If the Father be dead the Mother of a Bachelor, or Widower without child, or of a Spinster, or Widow without child, is the next person entitled to Administration. She would then be entitled as the " next of kin." It should always be remembered that " the next of kin " means the person or persons nearest of kin to the deceased at the time of his death. Assuming the Intestate to have died a Bachelor, without a Father, leaving a Mother and Brothers and Sisters sur- viving, should either a Brother or Sister want to obtain the Administration, he or she would Cite the Mother to accept or refuse the Letters of Administration, or show cause why they should not be granted to himself or herself — the other Brothers and Sisters being only equally entitled with the Applicant need not be Cited. But if in addition to the Mother and Brothers and Sisters, there were Nephews and TO ACCEPT OR REFUSE. 77 Nieces, the children of a deceased Brother or Sister, one of Brothers and ■whom wanted the Grant, he or she would have to Cite not only the Mother but all the Brothers and Sisters. The Nephews and Nephew or Niece applying for the Grant need not, however, Cite the other Nephews and Nieces as they are of equal degree. Again, if in the last mentioned case a Creditor wanted to creditors obtain the Administration, he would have, in addition to and others. Citing the Mother and Brothers and Sisters, to Cite all persons entitled in distribution, for instance, children of a deceased brother of the deceased. In the Citation he would merely allege that he was a Creditor, without stating anything whatever respecting his debt — the particulars of which would appear in his Affidavit to lead the Citation, and the Intimation would be that if the parties Cited did not appear the Judge or Eegistrars would give the Grant to him. Let us now see how the parties would proceed if the Intestate had died, leaving a Widow and Children and Grandchildren. The Widow may take Administration, as chiw cites a matter of course, but if she did not, one of the Children might Cite her and would allege in the Citation that the deceased died Intestate, leaving his lawful Widow and Eelict, and one of his natural and lawful Children : the Intimation would be, as before stated, that if the Widow did not appear the Court or Eegistrars would give the Grant to the party Citing. In the last mentioned case if a Grand- Grandchild child (the Child of a deceased Child) wanted a Grant he and 8 ChUdren. would have to Cite the Widow and Children, naming them all. A Creditor would have to Cite the Widow, ail the Children, and all the Grandchildren, if, as before stated, they creditor «. were Children of a deceased Child. If there be no Child, children, ana then the Creditor must Cite all persons entitled in distri- Grandchildren, bution, with the Widow to the personal Estate and Effects of the deceased. There are three primary kinds of Grants, viz., Erobate, further state- Administration with the Will annexed, and Administration, "^tare ofword and numerous ways in which the interest of parties may be "interest," , , , J r J and the order Stated. in which Grants The following are the characters, and as nearly as possible, ar0 takei1, in the order in which Grants are taken : — Probates are granted to — Executors named in, or according to the tenor of the Will. 78 CITATIONS Executors for Life. Ditto Substituted. Letters of Administration with the Will annexed are granted to — Executor, being also husband of Testatrix. Executor, with consent of husband of Testatrix. Attorney of Executor, if abroad. Guardian ditto, if a Minor. Committee ditto, if a Lunatic. Universal Legatee in Trust. Universal Legatee for Life. Universal Legatee. Universal Legatee Substituted. Or their Guardians, if Minors. Besiduary Legatees, in Trust. Eesiduary Legatees, for Life. Eesiduary Legatees. Eesiduary Legatees Substituted. Or their Guardians, if Minors. Husband. Eelict. Next of Kin if residue be undisposed of. Person entitled in distribution. Legatee. Creditor. Letters of Administration are granted to : — - Husband. Eelict. Next of Kin. Person entitled in distribution. Eepresentative of Next of Kin. All Persons entitled in distribution being cleared off. Creditor. Affidavit to " No Citation is to issue under Seal of the Court until an lead and verify Affidavit hi verification of the averments it contains has been filed in the Eegistry" (Eule 68). This Affidavit is usually brought with the draft Citation, but is not settled by the Eegistrar. Affidavit to There are two cases in which an Affidavit must contain th nta crtT re more than is required in the Citation. 1st — An Order, dated 12th June, 1863, directs that " For the future the ages of Minors and Infants will not be Minora ana required to be inserted in Citations, although such ages ' '" ! " must appear in the Affidavit to lead the Citation." TO ACCEPT OR REFUSE. 79 2nd — Creditors' Affidavits to lead Citations are called creditors' " Affidavits of debt." They are required to contain state- AffldaTit - ments with reference to the debt, namely, the amount of the debt, when and for what it accrued, that it is still justly due and owing, and that the Creditor holds no security for the same, or no security available without a representation of the deceased, and the amount of the property of the deceased — these statements are not required to appear in the Citation. It is merely there stated that A. B. is " a Creditor of the deceased." "When the person to be Cited is out of the Country the Agent, Affidavit must show whether he has or has not any Agent, and, if any, that person must be served with the Citation. The general rules with reference to Affidavits will be found hi speaking of Exparte Motions. The Citation is written on Parchment. It is then brought ^ ;t r at ^ °£ with the Draft, the Affidavit to lead Citation, and praecipe Pr!Bo; p 6 and • to the Clerk of the Papers ; and if there be any Will, ^ e p r er ^ ougllt Eenunciation, Power of Attorney, or other Paper alluded to in the Citation which is not hi the Eegistry, the same must be brought therewith and filed. The Clerk of the Papers, on being satisfied that a Caveat has been entered, will mark on the Citation " Caveat entered," and forward the Citation to the Eegistrar by f^tea? and whom it was settled for signature. It is then forwarded to sealed, the Sealer, and having had the Seal attached is delivered to the Practitioner. Non-Contentious Eule 66, directs that "Before any cave^enterea Citation is signed by a Eegistrar a Caveat shall be entered District against any Grant being made in respect of the Estate and es ' s ry " Effects of the deceased to which such Citation relates, and notice thereof shall be sent to the District^Begistry of any District in which the deceased appears to have resided at the time of his death. The Fees respecting Caveats are — s. d. Eor the Entry of eveiy Caveat 10 rees for caveat. For each Notice of such Caveat to the District Eegistrars ... ... ... 10 For every Warning to Caveat ... ... 2-6 For every Service of a Warning to Caveat sent by a Eegistrar through the Public Post 2 6 80 CITATIONS Citations to be personally served. Citations served by Advertisement. Abstract settled. Number of insertions >n Newspapers. Notices to Queen's Proctor ond Solicitor for Duchy of Lancaster. Citation against next of kin, if any. For Subducting a Caveat For Notice to any District Eegistrar to whom Notice of a Caveat has been sent of its having been Subducted or Warned $. d. 1 o 1 o " Citations are to be served personally when that can be done. Personal service shall be effected by leaving a true Copy of the Citation with the party Cited, and showing him the original, if required by him so to do " (Eule 69). " Citations and other Instruments which cannot be per- sonally served, are to be served by the insertion of the same, or of an abstract thereof settled and signed by one of the Eegistrars as an advertisement in such Morning and Evening London Newspapers, and such local Newspapers, and at such intervals as the Judge or one of the Eegistrars may direct " (Eule 70). After the Citation has been sealed, it and the abstract are brought to the Clerk of the Papers, with the fee for settling the abstract, the Citation and abstract are then forwarded to the Eegistrar. After the abstract is settled the Citation and abstract are returned to the Clerk of the Papers from whom they are obtained by the Practitioner. It is the practice to advertise the abstract three times, viz., one insertion in one paper at intervals of fourteen days. " In all cases where application is made for Letters of Administration (either with or without a "Will annexed) of the goods of a Bastard, dying a Bachelor or a Spinster, or a Widower or Widow without issue, or of a person dying without known relation, notice of such application is to be given to Her Majesty's Procurator-General (or in case the deceased died domiciled within the Duchy of Lancaster, to the Solicitor for the Duchy in London) in order that he may determine whether he will interfere on the part of the Crown ; and no Grant is to be issued until the Officer of the Crown lias signified the course which he thinks proper to take " (Eule 75). "In the case of persons dying intestate, without any known relation, a Citation must by issued against the next of kin, if any, and all persons having or pretending to have any interest in the personal estate of the deceased, and the service thereof upon them shall be effected as required by TO ACCEPT OR REFUSE. 81 Eule 70. Such Citation must be also served upon tlie Queen's Proctor or upon the Solicitor for the Duchy of Lancaster, as the case may require " (Eule 76). A married woman must be served in the presence of her ^J e d on a husband, if the husband be not present he must also be woman. served. Citations against Minors and Infants state who is their service on next of kin, and that person is served with the Citation. iSints° r It sometimes happens that Minors and Infants are not resident with their next of kin but with friends, at school, or apprenticed, they are then served in the presence of the person with whom they happen to be residing — the next of kin is also served. Citations do not state that the party to be served is a service on Lunatic, but the person who has to serve the Citation on Lunatl °- ascertaining that fact, serves him in the presence of the Doctor or Nurse or person having the care of him, and his Committee (if he have one) must also be served. If there be no Committee a next of kin of the Lunatic must be served. The service of the Citation should be endorsed thereon, citation " This Citation was served by , on the within- endorsed - named , Of , at , On the day of Endorsement. 18 . (Signed) It is not the practice in the Probate Court to return Return of Citations, if there be an appearance thereto, but if there be t)itation - no appearance the Citation is brought in with the Papers for Motion, among which must be an Affidavit of service. The Affidavit of Affidavit of service should state that the Citation was service - served by "leaving a true copy," and by showing the Original (if required). When a Citation cannot be personally served in conse- railing to quence of the party to be served endeavouring to evade serTe ' service, or in consequence of his present residence not being known, the person who has to serve the Citation must make an Affidavit of the effort he has made to serve it, and that he has been unable to do so. If this Affidavit be satisfactory to a Registrar he will direct the mode of service by advertisement, according to Rule 70 already quoted. Search for every appearance is to be made in the seareii for "Appearance Book.' 1 The Practitioner must obtain a A PP earaacc - u 82 CITATIONS Appearance Book. If no appear- ance move the Court. If appearance obtain Regis- trar's Order. search ticket in the ordinary way from the Record Keeper's Department, Fee Is. The appearance book is kept in the Department of the Clerk of the Papers. If there be no appearance to a Citation to accept or refuse a Grant the party issuing the Citation will proceed by Motion, the proceedings in which are hereafter stated under the head of "Motions after Citation to accept or refuse." If an appearance be given by the party cited to accept or refuse he may obtain the Grant by an " Order for Grant to issue after service of Citation," — fee 2s. 6d. A Form of this Order may be obtained from the Clerk of the Papers. CITATIONS IN CONTENTIOUS BUSINESS. Citations in Contentions Business. Form of Citation. To see Will proved. To bring in Probate or Administration To propound Testamentary Paper, &c. " When a party proposes to prove a Will or Codicil in solemn form of law, and no Caveat has been entered, or a Caveat has been entered and no appearance given to the warning thereof, the Contentious Business shall be held to commence with the extracting of a Citation in the Forms Nos. 1 and 2, or in some similar form." (Rule 14). The Form No. 1 in the Contentious Rules is " Citation to see Will proved ;" No 2, " Citation to bring in Probate." There is another Form of Citation (No 3) in the Conten- tious Rules by which suits are commenced, viz., " Citation to bring in Administration." But these three Citations by no means exhaust the list ; there are other kinds of Citation of common use and great diversity which commence causes. For instance, Citations calling on parties to propound alleged Wills or Codicils — to show cause why Administration Will of a Testamentary Paper should not be granted — why Probate of Will and one or more Codicils should not be granted — to take Probate of Codicil to Will already proved — and so on. The nature of Citations will also be seen by reference to the modern precedents and list of cases of Citations issued fron\ the Prerogative Court, in the Appendix. A variety of Citations commence Contentious proceedings ; but a " Citation to see Will proved " is the only one that necessarily leads to a Cause. In this case the Executor, either before or after he has obtained Probate of a Will in common form, voluntarily propounds the Will and cites IN CONTENTIOUS BUSINESS. 83 those interested under an intestacy to see it proved in solemn form. The Citation, therefore, would fail in its effect if the Cause were not proceeded with. Not so with reference to Citations against parties to do an act. A party may be cited to bring in a Probate or Administration, and if brought in and abandoned, there need be no Contentious proceedings. A party may be cited to propound a Testa- mentary Paper, but if he do not propound it there may be an end of Contentious proceedings. An Executor may be cited to take Probate of a Codicil of which he has neglected to take Probate, and if he accept Probate there is an end of Contentious proceedings. In these cases the Citation has answered its purpose and become exhausted. There are, then, two modes of discontinuing the proceed- ings, viz., to bring the case before the Court on Motion, or take out a Summons to discontinue the Contentious proceedings, and afterwards obtain a Eegistar's Order for the Grant to issue. Contentious proceedings are frequently discontinued by jj^ou'ht in ana Summons, and the Eegistrars make Orders for the Grant abandoned, to the persons entitled. Suppose a person be cited to .bring in a Probate, this does not compel him to propound the Will. He is not obliged even to enter an appearance. He may, if he please, simply attend in the Registry and deposit the Probate with the Clerk of the Papers. If a ^ odo ° d f in „ Probate be brought in and no appearance be entered the party issuing the Citation would not then proceed as in a Cause ; two courses would be open to him, viz., either to move the Court to revoke the Probate — discontinue the Contentious proceedings, and grant Administration (if there be no other Will) to him — or the Contentious proceedings might be discontinued by Summons and consent of the party bringing in the Grant to its revocation, which might then be revoked by Registrar's Order. A Citation also to bring in Administration may or may ^ro™' hw^and not cause Contentious proceedings. The form given in the abandoned. Eules suggests that the Administration should be brought in because it has been discovered that the deceased made a Will, but other sufficient reasons may be assigned for having it brought in. Thus, — it may have been granted on a false or erroneous or alleged false or erroneous statement of relationship to the deceased. In this case the party cited might bring in the Administration and dispute the interest 84: CITATIONS Mode of Proceeding. of the party citing and call upon him to propound and prove his Interest, which would lead to an "Interest Cause." Assuming the Citation to have issued in consequence of a Will having been discovered, the party cited might bring in the Administration, enter an Appearance, and dispute the validity of the alleged Will, which would lead to a Testamentary Cause. On the other hand no cause need ensue from the issuing such a Citation, because the party Cited might bring the Letters of Administration into the Eegistry without entering an appearance, which he is not called upon to do, as already stated with reference to a Probate. In such a case the party issuing the Citation might move the Court to revoke the Administration, discontinue the Contentious proceedings, and grant Probate or Administration to himself as the case may be ; or he might obtain the consent of the party bringing in the Administration to its revocation and obtain a Eegistrar's Order for the Grant. The circumstances of these cases are so various that it would be useless to attempt to state what course the Eegis- trars would take in every case. There is one safe mode of proceeding. Before the Cause is dismissed on Summons it is often advisable to ask the Eegistrar whether he will make the' subsequent Order for the Grant, if he decline, the case may be brought before the Judge on Motion. In " Collingwood v. Collingwood, January, 1866," an Administration was brought in and no appearance entered, the Defendant consented to its revocation, an Affidavit of the facts was exhibited, stating that the Citation had been brought in, that no Appearance was entered, and that the party bringing it in had signed a consent to the Adminis- tration being revoked, whereupon the Eegistrar revoked it. In " Wadsworth v. Walton, June, 1866," a Probate was brought in, in obedience to a Citation, and an Appearance having been entered the Contentious proceedings were discontinued on Summons by consent, whereupon a Be• Account. MOTION'S 89 Citations for Inventory and Account are subject to the same Eules as other Citations, except that, under Eule 15, no Caveat need he entered. In the Appendix, cases will he found in which they were extracted from the Prerogative Court. CITATION TO SHOW CAUSE WHY A BOND SHOULD NOT BE ASSIGNED IN ORDER TO ITS BEING ENFORCED AGAINST THE SURE- TIES. These Citations are no longer required. citations v. The party may now move on Affidavit for a Rule nisi, against Sureties, to show cause why the Bond should not he assigned. In concluding this Chapter on Citations, it may be observed Attachment for that when a party cited fails to bring in a Probate, Adminis- to citation, tration or Inventory and Account, an Attachment for Contempt of Court may be issued against him. If he be cited to propound a Document, and do not propound it, an Attachment for Contempt of Court is not the next step, but the Document will be considered invalid, so far as the person cited is concerned. Every Attachment must be moved for by Counsel before the Judge himself. See Motions in Contentious Business. Chapter III. OF MOTIONS. Motions ex parte — After Citation to accept or refuse a Grant — In Contentious Business. There are three kinds of Motions, viz., Ex parte Motions, Different kinds that is, without Citation or Notice to any person, — Motions ofMotlon8, after Citation, to accept or refuse a Grant, to which no appearance has been given, — and Motions in Contentious Business. Whenever any difficulty or impediment arises in obtain- Nature of ing Probate or Letters of Administration in common form, Motions. the Case may be brought before the Court on Motion. It often happens that the difficulty is discovered by the 90 MOTIONS Eegistrars may require Case to be moved. Subjects of Ex parte Motions, Statement for Motion. Papers to accompany Statement. Form ofExparte Statement. Practitioner himself. Sometimes application is made for a Grant, and the impediment is discovered in the Principal or District Eegistry. " The Eegistrars are not to allow Probate or Letters of Administration to issue until all the inquiries which they may see fit to institute have been answered to their satis- faction." Bule 3, Non-Contentious, Principal Eegistry. " If, on perusing the Affidavit or Affidavits setting forth the facts of the case, it appear doubtful whether the Will or Codicil has been duly executed the Eegistrars may re- quire the parties to bring the matter before the Judge on Motion." Bule 6, Non-Contentious. In cases where there are Interlineations, Alterations, Erasures, or Obliterations in a Will, or any attempted Can- cellation of a paper by burning, tearing, or otherwise, or where Deeds or Papers are referred to in a Will, and not forthcoming, or where any doubt arises as to what papers are to constitute the Will, or where there is any in- formality of execution, or any doubt as to the appointment of Executors, the Court is frequently moved for the Grant. There may be an irregularity in an Oath, Bond, Be- nunciation, Power of Attorney, Confirmation, or other Instrument respecting which the Court has to be moved. The Court is also moved ex parte to alter or revoke Grants, to appoint Guardians, to decree Probate according to foreign laws, to decree Grants in cases where parties are supposed to be dead, to deliver Papers out of the Principal Eegistry, &c, &c. These, and a great variety of similar questions, constitute the subjects of Ex parte Motions. In order to move the Court a Statement of the Case must be prepared and brought to the Clerk of the Papers in the Principal Eegistry, on the day appointed in the Term Card. The Papers necessary for hearing the Case — Wills, or Testamentary Papers, Renunciations, Consents, Powers of Attorney, Affidavits, Advertisements, or whatever other paper there may be, must accompany the Statement. The Executor's or Administrator's common form Oath and Affidavit are not required for the Motion, unless it be made respecting them, or they happen to have been prepared and supply requisite evidence. The Statement, according to practice, should be written on foolscap paper, folded lengthwise, with quarter margin. EX PARTE. 91 It is, or ought to be, a brief and clear narrative of the facts contained in the Affidavits or Documents filed in support thereof. In the Prerogative Court Ex parte Cases generally began thus : — " In the Prerogative Court of Canterbury. " In the Goods of A . . . B . . . deceased. " Case foe Motion. " A. B., late of deceased, departed this life on ." The facts were then stated, and the Statement concluded with a Prayer for what was required. The Prayer was written with a somewhat wider margin. It was in the form of a request that Counsel would be pleased to move the Court to decree what was required, which was distinctly specified, for instance : — ■' Counsel will be pleased to move the Court to de- cree Probate of the said Will, as contained hi the Papers marked 1 and 2, to A. B., the sole Executor named in the said Will." or or " Counsel is requested to move the Judge to decree Administration to A. B., on her giving the usual se- curity and being sworn that the deceased died in or since the year 18 ." " Counsel is requested to move the Court to decree Probate of the Paper marked A, as the last Will and Testament of the said deceased, or Administration (with this Paper as the Will annexed) to be granted to A. B., as the Executor, according to the Tenor or the Eesiduary Legatee in Trust named therein." or " Counsel will be pleased to move the Eight Honor- able the Judge to decree Probate of the said Will, with the two sums as they originally stood, to wit, £100 and £200, and without the appointment of Mr. M. as an Executor." Motions in the alternative were always discouraged. In 1853 Motion was made for Probate of a Will, with this Prayer, " either with or without the Memorandum, as 92 MOTIONS Motions sup- ported by Affi- davit. Non-Conten- tions Rules as to Affidavits. Every Affidavit drawn in 1st person. Names in Jurat Interlineation or erasure. Deponent blind or illiterate. Before whom sworn. Affidavit of subscribing Witness. to the Court shall seem meet ;" and in a Kegistrar's Note Book in the writer's possession it is said the Judge " did not approve of the alternative: Counsel should decide what Prayer to make." In the Probate Court there have been Cases in which the Court was moved to decree a Grant in a specific way, or in such other way as the Court might think proper. Motions are almost always supported by Affidavit. The Non-Contentious Pules respecting Affidavits are the following : — " Every Affidavit is to be drawn in the first person, and the addition and true place of abode of every deponent making it is to be inserted therein." Rule 51. " In every Affidavit made by two or more persons the names of the several persons making it are to be written in the Jurat." Rule 52. No Affidavit will be admitted in any matter in the Court of Probate of which any material part is written on an erasure or in the Jurat of which there is any interlineation or erasure." Rule 53. " When an Affidavit is made by any person who is blind, or who, from his or her signature or otherwise, appears to be illiterate, the Registrar, Commissioner, or other authority before whom such Affidavit is made is to state, in the Jurat, that the Affidavit was read in the presence of the person making the same, and that such person seemed perfectly to understand the same, and also made his or her mark or wrote his or her signature in the presence of the Registrar, Commissioner, or other authority before whom the Affidavit was made." Rule 54. " No Affidavit is to be deemed sufficient which has been sworn before the party on whose behalf the same is offered, or before his Proctor, Solicitor, or Attorney, or before a Partner or Clerk of his Proctor, Solicitor, or Attorney." Rule 55. "Proctors, Solicitors, and Attorneys and their Clerks respectively, if acting for any other Proctor, Solicitor, or Attorney, shall be subject to the Rules in respect of taking Affidavits which are applicable to those in whose stead, they are acting." Rule 56. " In every case where an Affidavit is made by a sub- scribing Witness to a Will or Codicil, such subscribing Witness shall depose as to the mode in which the said Will or Codicil was executed and attested." Rule 57. EX PARTE. 93 "The Registrars are not to allow any Affidavit to be filed Am davit to bo (unless by leave of the Judge) which is not fairly and fairly wntten- legibly written, or in which there is any interlineation, the extent of which at the time when the Affidavit was sworn is not clearly shown by the initials of the Commissioner or other person before whom it was sworn." Rule 58. The forms of Jurats are, if one Deponent only — vorms of jurat "Sworn at on the 0ne Deponent - day of 18 Before me," If more than one Deponent — • nents al Dep °" " Sworn by the said and (give the Christian and Surnames of each Deponent) at on the day of 18 Before me," If the Deponent be a marksman— Marksman. " Sworn by the said at on day of 18 this Affidavit having been first read over to him (or her), who seemed perfectly to understand the same, and made his (or her) mark thereto in my presence. (a) Before me," " Affidavits are not to be received by the Clerk of the *£$%£$ be Papers unless they are properly endorsed, viz.: — with the name of the business or Cause, the Christian and Surname of the Deponents, the date at which the Deponent was sworn, and the name of the Solicitor filing the same. All other papers must be sufficiently endorsed to shew their nature." Affidavits and other papers are folded lengthwise. How folded. Papers for Motions in the Probate Court are generally Papers when brought into the Eegistry four days before the day f brc,u s htin - hearing, the Court usually sits on Tuesdays, and the papers are ordered to be brought in before two o'clock on the preceding Thursday. This is of course liable to variation, and on first Sessions the papers have been required to be brought in on the preceding Wednesday. The fees are 5s. on the Motion, 5s. for the order thereon, Fees. 2s. 6d. on each Affidavit, 2s. 6d. on each Document, such as Eenunciations, Consents, and Powers of Attorney, and Is. on (a) "'N.B.— In all Cases of Affirmation the exact words prescribed by the Statute applicable to the particular case must be used, and none other will be received." Non-Contentious Rules. 94 MOTIONS Stamps not to be affixed. When and where Motion heard. Order en Motion. Copy how obtained. Further Motion All former Papers must accompany further Case. Fees. Papera ordered to go to Court if no further Statement. Executor to bo sworn. each exhibit, such as Newspapers or Letters ; Testamentary- Papers are also called Exhibits when brought in on Motion. It has been ordered that " On and after 1st January, 1866, Stamps are no longer to be affixed to the docu- ments. In lieu of affixing the Stamps to the Papers, Practitioners are requested to hand them to the Clerk in attendance." The Judge sits at Westminster at eleven o'clock in Chambers to hear Summonses, and at twelve o'clock in Court to hear Motions. Probate and Divorce Summonses and Motions are taken on the same day, but Probate Cases are taken first. After a Motion has been made the Order thereon is entered by the Court Eegistrar in a Book. As soon as possible this Book is sent to the Kegistry, and all Copies of the Orders are made therefrom. To obtain a Copy, a 2s. 6d. Stamp must be taken to the Eecord Keepers Department, and the name of the Case and date of the Order must be stated to the Clerk in attendance, the Order will then be copied as soon as possible. Motions are sometimes directed to stand over for further Evidence. When this is the case, and the further Evidence is obtained, the Practitioner may renew the Motion. For this purpose it is the practice to prepare a short " Supple- mental " or " Further Statement," showing when the Case was heard and why it stood over, and that further Evidence has been obtained, and concluding with a Prayer, which is generally couched in some such words as these, " Counsel will be pleased to renew the Motion." All the papers used on the previous Motion ought to accompany the further Case to the Court : the Practitioner should therefore give the necessary directions to the Clerk of the Papers to have them looked up. The fee for the further Case and Order is 7s. 6d. It sometimes happens that a case stands over, and is required to be renewed without any further papers being filed. In this case, if the papers have been returned to the Kegistry, the Practitioner should direct them to be sent again to Court for the day on which he wishes the case to be heard precisely as an original Motion. When Probate or Administration with the Will annexed has been decreed, and the Executor or Administrator has not been sworn, he must, if in London, attend in the Kegistry EX PASTE. 95 and be sworn before one of the Eegistrars. " Every Will ^'r" 1 - ^** and Codicil or Copy thereof, and every other Testamentary paper, to which an Executor or Administrator with the Will annexed is sworn, must be marked by such Executor or Administrator, and by the person before whom he is sworn." Eule 40. The marking consists of signing the name in the ordinary Marking Papers way. The fees for swearing before the Eegistrars are taken by F^os for swear- the Clerk of the Papers, to whom application must be made ing ' for the Will or Testamentary Papers. The fee for every Oath administered by the Eegistrar to each Deponent is Is. For marking each exhibit, Is. If the Executor to be sworn be resident in the Country, if Executor in the Testamentary papers will be delivered to the Practitioner wufmay tie upon his writing a Eeceipt in the Eeceipt Book (fee Is.), delivered ont, and depositing with the Clerk of the Papers the engrossed copy which is to be used for the Grant. " The Eegistrars Engrossment are to take care that the copies of Wills and Affidavits to be annexed to the Probates or Letters of Administration are fairly and properly written, and are to reject those which are otherwise, but it shall not be necessary that such copies be written in the engrossing hand heretofore in use." Amended Eule 79. Before the Papers are delivered out this Engrossment Examined En- must be examined by the Official Examiner, who will require g£f smen ' t0 b ° a fee of 3d. per folio placed on a Schedule Paper, which may be obtained of the Stationers. It is the practice for Practitioners to retain copies of all Engrossment papers brought in for Motion, but if no copy has been made ™Moner J or P in C " of the Testamentary Papers so that the Practitioner is Registry, unable to prepare the Engrossment, he must either order an Office Copy and prepare the Engrossment therefrom, or the Engrossment can be made in the Eegistry. The fee for the Copy is 6d. per folio, for the Engrossment Is. 6d. per folio, collating and parchment included. After the Executor or Administrator has been sworn in win to f, re . the Country, the Will must be returned to the Clerk of the JJ^Va c r ' s e '' k Papers, who will, when requested, forward it with the Engrossment to the Eeceiver, to whom the "Common form " Forwarded to Papers must then- be delivered by the Practitioner. If the the Eec61ver - Engrossment be taken from the Eegistry, for however short a time, it is always required to be examined again. 96 MOTIONS EX PARTE. The Grant obtained. Grant extracted from District Regis- try. Papers may be sent through Post Office. Application to have papers roturned. Grant at Dis- trict Registry. Not obligatory to apply to ) >istrict Regis- try. Papers sent to District Registry. Copy required. The Eeceiver will forward the Papers to the Clerk of the Seat in the usual manner. The Clerk of the Seat prepares the Grant and forwards it to the Clerk of the Papers, in whose Department an entry of it is made. It is then taken to the Begistrar, and having been signed by him is sent to the Sealer. The Sealer having attached the Seal to it will deliver the Grant to the Practitioner upon his production of the Eeceipt originally given him by the Eeceiver. Wills and other Documents are frequently sent from District Eegistries in order that the Court may be moved respecting them. Eule 77 states that " after Motions have been made before the Judge in Court, the Eegistrars are, on the application of the parties (unless the Judge shall otherwise direct) to transmit to a District Begistrar the original Papers and Documents in order that the Grant of Probate or Administration may be completed in a District Eegistry." " Papers and other Documents may be transmitted by the Eegistrars of the Principal Eegistry to the District Eegistrars through the Post Office. The Packets containing them are to be superscribed with the words 'On Her Majesty's Service, and may be registered, if thought necessary." Eule 78. It is not the Practice to return Papers to a District Eegistry after Motion, except on the application of the Practitioner. By Eule 77 it appears that whether the Papers came from a District Eegistry or not to the Principal Eegistry they may " on the application of the parties " be sent to the proper District Eegistry for the purpose of the Grant being extracted there. By the 59th Section of the Probate Act of 1857, it is enacted that " It shaB not be obligatory on any person to apply for Probate or Adminis- tration to any District Eegistry," or through any County Court, but in every case such application may be made through the Principal Eegistry of the Court of Probate. After Motion if it be required that the Papers shall be transmitted to the District Eegistry in order that the Grant may be extracted there, an officially examined copy of such papers as are required to be sent, must be left in the Principal Eegistry. If the Papers came originally from the District Eegistry, a Certificate from the District Begistrar that copies are remaining there will be sufficient, the object of the copy being merely precautionary during the transit. MOTIONS AFTER CITATION TO ACCEPT OR REFUSE. 97 The Letter requesting papers to be sent to the District Application by Registry must be addressed to the Registrars of the Letter ' Principal Registry. It should describe the Papers and state the Court to which they are to be sent, and enclose Postage Stamps. MOTIONS AFTER CITATION TO ACCEPT OR REFUSE. The mode of obtaining a Grant by ex parte Motion having Motions after been stated, we have now to see the mode of obtaining a Sfcept OT«fnso Grant after Citation to accept or refuse has been issued. a Grant - If the party Cited has not appeared to the Citation, the party who issued the Citation must move the Court in order to obtain the Grant. The general Rules as to the Statement, the Papers, the Fees, the Hearing, the Order, and the mode of obtaining the Grant are the same whether there be a Citation or not. These general Rules have been stated. The difference between the above, and purely ex parte Motions is this : — Whenever a Citation issues, the matter is entered in the citation seem- Court Books as a Cause. All Papers therefore should be cause?' eateB a so endorsed. The party Citing stands as the Plaintiff and the party Cited as Defendant. After the time mentioned in the Citation for the appear- Appearance ance of the party Cited, the Appearance Book must be f e arche±t, Motion. set forth " 1. The style and object of, and the names and des- criptions of the parties to the cause or proceeding before the Court. " 2. The proceeding's already had, and the dates of the same. " 3. The prayer of the party on whose behalf the Motion is made. " On depositing the Case with the Clerk of the Papers hi the Begistry, and giving notice of the motion, the Affidavits in support of the motion, and all original documents re- ferred to in such affidavits, or to be referred to by Counsel on the hearing of the motion, must be also left with the Clerk of the Papers ; and in case of such documents having been already filed or deposited in the Begistry, the same must be searched for, looked up, and deposited with the Clerk of the Papers to be sent with the Case to the Judge. "A copy of the Case for motion as delivered in the Begistry, and of the affidavits and documents trans- mitted with the Case to the Judge, are to be laid before the Counsel by whom the Motion is made. " The only Pees allowed on taxation for Case for Motion are as follows : Por drawing Case including fair copy for ") £ s. d. the Judge j- 10 Copy for Counsel J 3 4 "If the Case necessarily exceeds 7 folios in length, the further charges of Is. 4d. and 4d. for every additional folio authorized by the Table of Fees are allowed. " No instructions for Case or Brief for Counsel are al- lowed on taxation in respect of Motions." MOTIONS IN CONTENTIOUS BUSINESS. Motions in con- The general rules and directions respecting Motions nesB.° us Bjbi " have been already mentioned. In this division of the subject there will therefore only be stated the nature of the Motions which arise in Conten- tious Business and the additional requirements respecting them. A Citation to commence or see proceedings in a Suit may be so special that the Registrars may direct it to be moved for Citations against heirs at Law to see pro- MOTIONS IN CONTENTIOUS BUSINESS. 99 ceedings are moved for. — The Court is moved to allow subjects of Pleadings to be altered or amended,— to appoint Administra- contentions tors pendente lite, — to discharge such Administrators, — to Business, appoint Eeceivers of Eeal Estate, — to pronounce Wills in- valid, — occasionally to revoke Grants, — for Order for parties to produce papers, — to decree Grants notwithstanding Caveats, — to decree Probate after Trial at Assizes, — to assign Bonds, — for writs of attachment — fieri facias and sequestration, — for various Eules Nisi and Eules Absolute and to discharge such Eules,— to direct modes of trial, — for rehearing or new trial, — for leave to appeal, — for Costs. These and a variety of such questions form the subjects of Motions in Contentious Business. In Contentious Busi- ness it is the practice in all Motions to give notice to the opposite party. Eule 77, in Contentious Business, directs that " All Notices required by these Eules, or by the ^ S ce n _ of Practice of the Court, are to be in writing." The Notice as to application for mode of Trial is de- livered to the opposite party with the Issue. Eule 48 directs that " A Copy of every such Notice shall be filed in the Eegistry, with the Case for Motion as to mode of Trial." There are but few Cases in which an Affidavit of the service of Notice of Motion is required ; generally speaking it is sufficient for Counsel to state that Notice of the Motion has been given to the opposite party. In all cases the Orders on Motions are drawn by the ^ Be|istrais. Eegistrars, without the attendance of the Practitioner or presentation of the Counsel's Brief. It is not the practice to serve all copies of Orders on 8 f™% c °v ies Motion upon the opposite parties as in cases of Orders ° on Summons. If the parties require Copies they order them in the Eegistry, but in some few cases, for instance, Eules Nisi, Copies are served on the opposite party by the party obtaining the Order. These Copies are not ordinary Office Copies, for "the Judge has directed that in all cases where an Order is applied for to be served on other parties the same is to be drawn up from the Eegistrar's Minute, and stamped with the Judge's signature, as in the case of an Order on Summons." 100 SUMMONSES Chapter IV. SUMMONSES AND OEDEES. summons when Rule 98 in Contentious Business states that, "A Sum- mons may be taken out by any person in any matter whether Contentious or Non-Contentious, in which there is no rule or practice requiring a different mode of pro- ceeding." Summonses are not permitted to supersede Warnings, Subpoenas, Citations, or Motions. A person who has entered a Caveat is " Warned " not Summoned to enter an appearance. A person is called upon to bring in a Will, or appear as a Witness in a Cause by Subpoena, not by Summons. A Citation, not a Summons, issues against a person to accept or refuse a Grant, or to propound a Will, to see a Will propounded, or to bring in a Probate or Adminis- tration, or exhibit an Inventory and Account. It sometimes happens that a Summons will answer the purpose of a Motion. For instance, suppose a person to nave been cited to accept or refuse a Grant, and he enters an appearance, the presumption is that he intends to accept the Grant; but if he do not proceed to extract it, the person citing might move the Court for the Grant to him- self; the opposite party might appear on that Motion, and give a satisfactory reason why he had not extracted the Grant ; the Court might then allow him further time, — the same result might be obtained by Summons. If a Sum- mons were extracted to show cause why the Defendant should not extract the Grant within a given time, if he did not extract it within the time he would be " in default " or " contempt of Court," and the Plaintiff would probably then successfully move the Court for the Grant to himself. There is a wide distinction, however, between what may generally be done on Motion and on Summons. Summonses are extracted for a great variety of pur- poses ; still, by the Rules and Practice they are limited in their use, and have an almost distinct place in the pro- ceedings of the Court. Summonses are mostly \ised in Contentious Business. In the Prerogative Court Contentious Business was trans- AND ORDERS. 101 acted by means of " Assignations," and Practitioners were " assigned " to take the steps in Causes. In the Probate Court the printed Eules, in Contentious Business, to a great extent take the place of "As- signations." If any deviation from those Eules be practised or re- quired the Practitioner calls his Cause and Opponent before the Judge or Eegistrars by Summons, and the Order on that Summons is another form of " Assignation." The analogy between former and present practice is here apparent, and the chief use of Summonses explained. TO OBTAIN A SUMMONS. " A printed form must be obtained, and filled up with the Summons how object of the Summons, and a proper Fee Stamp affixed. "N^""" 5 ' It must then be taken to the Clerk of the Papers, who will insert in the blank left in the printed form the time when the Summons is to be made returnable, and get the Summons signed by a Eegistrar." Eide 99. Printed Forms may be obtained from the Stationers. The Fee for a Summons is 2s. 6d. This Stamp must be Fees. affixed to the Summons. The Practitioner will remember that a Summons is the only document to which it will be right for him to affix a Stamp, all other Stamps are given separately. It is the practice when the Summons is ob- tained to leave a Stamp for the Order ; this enables the Clerk of the Papers to have the Order entered, stamped, and ready for the Practitioner when called for. The Stamp for every Order is 2s. 6d., except for the final Order in a Cause, which is 10s. There is only one Summons the words of which have summonses been ordered by the Judge, viz., the Summons to discon- ow rawn ' tinue a Cause. The words employed in such a Summons are, " to show cause why the Contentious Proceedings in £f ^fjjf*^ this Cause should not be discontinued." In Summonses to change Practitioners the form com- monly used is, " why of , should not be appointed Solicitor for the in place and stead of him the said on payment of his costs, and why the said should gg£g* pra °- not file his Bill of Costs." No Summons is permitted that necessitates an argument as to the right to a Grant. If a person has been cited to 102 SUMMONSES Conditional Order. Summonses drawn in various ways. Extension of time. accept or refuse a Grant, and has appeared and not taken the Grant, a Summons to show cause why he should not extract it within a given time is allowed. Summonses are sometimes drawn so as to produce a " Conditional Order," but, " When, in any [Cause, a Con- ditional Order is made, the party entitled to proceed in default must, before he can take the next step, obtain an Order of the Eegistrars, or, if required, an Order of the Judge upon Summons, or on Motion in Court." Eule 45. In a Case (Adams & Pocock v. Pocock, April, 1868) in which it was ordered on Summons that the Defendant do, within a week, file an Answer or discontinue proceedings and pay costs. An Affidavit was made that the Defendant had not, in any way, complied with the Order, whereupon the Eegistrar granted an Order for Administration, with Will annexed, to issue to the person entitled. Summonses may be drawn in various ways, and a slight difference in verbiage will frequently produce a different effect, and in some cases create ambiguity in the minutes of the proceedings in the Cause ; for instance, a person wishes to cease being a party to a Cause, if he take out a Summons to shew cause why he should not be dismissed, the Order may follow that he be dismissed, the inference might be that he was dismissed because he had wrongly appeared ; but if the Summons be for leave to withdraw and the order be so worded, the inference is that he with- drew because he no longer wished to remain in the Cause. Again, if a defendant has not filed his affidavit of Scripts or Plea, &c, and the plaintiff wish to proceed with the suit he may take out a Summons to show cause why the defendant should not file his affidavit of Scripts, or Plea, &c. ; but if the plaintiff do not wish to proceed with the suit the Summons might be for the defendant to show cause why the contentious proceedings should not be discon- tinued, he not having filed his affidavit of Scripts (or as the case may be). The most common Summonses are for Time. " The Judge shall in every case in which a time is fixed by these Eules for the performance of any Act, have power to extend the same to such time, and with such qualifica- tions and restrictions, and in such terms, as to him may seem fit." (Eule 89.) " To prevent the time fixed for the performance of any AND OEDEES. 103 act from expiring before application can be made to the Judge for an extension thereof, any one of the Begistrars may upon reasonable cause being shewn, extend the time, provided such time shall in no case be extended beyond the day upon which the Judge shall next sit in Chambers or in Court to hear Motions." (Eule 90.) When the time has elapsed for filing any Document, a Summons for further time will not be granted, the Practitioner must wait until he is ready to file the Document and then take out a Summons for leave to file, notwithstanding the time for so doing has elapsed. A Summons for further time is not granted when the time allowed by the Eules will expire before the Eeturn of the Summons, except the Summons be brought with a consent endorsed thereon. The title of the Cause should be accurately stated, and the name of the deceased appear on the Summons. Title of Cause. " After the Summons has been filled up the Clerk of the Papers is then to enter the name of the Cause or matter, summons en- and of the Agent taking out the Summons in the Summons served!' 11 ' 1 °° P3r Book, and return the Summons (with the Stamp cancelled) signed, to the Applicant, who is to serve a copy on the party summoned. This copy must be served on the party summoned one clear day at least before the Summons is Tml0 f service, returnable, and before 7 p.m. On Saturdays the copy of the Summons is to be served before 2 p.m." (Kule 100.) " On the day and at the hour named in the Summons summons the party issuing the same is to present himself with the juage'sbaam. Original at the Judge's Chambers." (Eule 101.) tiers. The Judge's Chambers are attached to the Court at Westminster Hall. "Both parties will be heard by the Judge, who will Both parties make such Order as he may think fit, and a Note of such Wlllbeheara - Order will be made by the Eegistrar in the Summons Book." (Eule 102.) " If the Party summoned do not appear after the lapse Non-a PP ear- of half-an-hour from the time named in the Summons, the summoned? 7 party taking out the Summons shall be at liberty to go before the Judge, who will thereupon make such Order as he may think fit." (Kule 103.) " An attendance on behalf of the party summoned for Attendance of the space of half-an-hour, if the party taking out the £|U^ a l j um " Summons do not during such time appear, will be deemed 104 SUMMONSES AND ORDERS. sufficient, and bar the party taking out the Summons from the right to go before the Judge on that occasion." (Bide 104.) Formal Order. « jf a f orma l Order is desired, the same may be had on the application of either party, and for that purpose the original Summons, or the Copy served on the opposite party, must be filed in the Eegistry. An Order will there- upon be drawn up, and delivered to the person filing such Summons or Copy. The Clerk of the Papers before giving out the Order is to see that the proper Stamp has been affixed to it and is to cancel such Stamp." (Eule 105.) order by con. " If a Summons is brought to the Clerk of the Papers, Bent " with a Consent to an Order endorsed thereon, signed by the party summoned, or by his Proctor, Solicitor or Attorney, an Order will be drawn up without the necessity of going before the Judge. Provided that the Order sought is in the opinion of the Eegistrars one which, under the circumstances would be made by the Judge." (Bide 106.) The consent endorsed should be merely " I consent to an Order on this Summons," or some such words. If there be any condition as to Costs or otherwise in the consent, the Eegistrars will generally not make the Order. !jj™fS ttS B 1 • I n * ne l° n § Vacation Summonses are heard by the trars. " Eegistrars in the Principal Eegistry at Doctors' Commons. The rules respecting Summonses apply equally to Summonses heard by the Eegistrars. orders where All Orders on Summonses are obtained from the Clerk of the Papers. Those made by the Judge at Westminster are prepared there and forwarded to the Eegistry. Those by Consent are drawn by the Eegistrars' Clerks under the direction of the Eegistrars in the Eegistry, and (if not before) are ready on the day after the Summons is left. Forms of Sum- The forms in which Summonses may be drawn, and also "" i,s ' a variety of the purposes for which Summonses are ob- tained, will be seen by reference to " Orders on Sum- monses " appearing in the Appendix. PROCEEDINGS BY PETITION. 105 Chapter V. PROCEEDINGS BY PETITION. In the proceedings of the Prerogative Court, Instruments The Te ™ " Act called "Acts" were numerous. There were Acts to lead pfaCd! "" ex " Grants, — Acts to lead Decrees, — Acts sped on renunciation, — "Acts on Petition," &c The term "Act on Petition" appeared in the early proceedings of the Probate Court, and is occasionally now used, but the term " Act " does not appear in the present Eules respecting Petitions, and it has almost disappeared from Probate business. The Proctor F proceeding by Petition in the Prerogative Court was tioe™ r prao " assigned to deliver his Act to the opposing Proctor, — this Act was a Statement of his Case, — the Proctor to whom the Act was delivered " wrote thereto," that is, he in a similar manner stated his case, and he was " assigned to return the Act." If the opposing Proctor did not intend to reply further he added, by way of conclusion, words to the effect that " he wrote no further to the Act." The Act was signed by both Proctors and then brought into Court, and both Proctors were " assigned to bring in their Proofs," viz., Affidavits and documents in verification of what had been alleged in the Act on Petition. These proofs were generally brought in simultaneously, but if not, they were not shown to the Practitioners until complete. In the Probate Court the practice is similar. Eules 64 to 70 in Contentious Business apply to Petitions. By Bule by^etiUon!"' 64, " Any question arising in a Cause, and not being one of interest, domicile, or other matter usually brought before the Court by declaration and plea, may be brought before the Court by Petition." Petitions do not commonly arise in pending Causes. The majority of Petitions are original cases and distinct modes of proceeding. In some cases it is doubtful whether the proceedings should be by Petition or by Declaration. Summonses have been obtained f e a^fS n procaea to show cause why Declarations should not be abandoned t>y petition. and the proceedings be by Petition. The necessity for understanding what cases may be brought before the Court by Petition is therefore apparent. They hold a medium place between Motions and formal Suits. An Act on Petition has been defined as " A minor kind Act on Petition of interest cause where the quality or degree of Interest, aeflned - and not the absolute fact of its existence, is in dispute."* * Coote's Ecclesiastical Practice, page 662. 106 PROCEEDINGS BY But the difference between a Petition and an Interest Cause is generally this : In an Interest Cause the Interest itself is denied, and the party has to propound and prove it, — in a Petition the interest or right to the Grant is not denied, but each party seeks to deprive the other of the Grant by some allegation of unfitness, bad conduct, want of business habit, or similar personal defect. Acts on Petition are not limited to questions of Interest ; an objection to an Inventory and Account, or question as to the liability of Sureties might be heard on Petition. Next friends of Minors or Infants who each claim to be appointed Guardian, or a question of identity might be so heard. In a recent case a Testator benefited his nephew Joseph under his Will. He had a nephew and a nephew by marriage, each named Joseph. He, as alleged, knew but little of his own nephew ; his nephew by marriage lived with him and managed his business. Each claimed to be the Joseph mentioned. A Declaration was filed, but the Court directed the Case to proceed by Petition. Grant v. Grant, May, 1868. Notice to be " The party desiring to proceed by Petition is to give given. Notice thereof in writing to all the other parties in the Cause, and such Notice is to set forth the question intended to be raised for the decision of the Court, and a Copy of such Notice is to be filed in the Kegistry." Eule 65. Time of delivery " In proceedings by Petition the Plaintiff shall, ■within eight days after he has given Notice, deliver his Petition to the Defendant, and file a copy thereof in the Kegistry upon one and the same day." Eule 66. The fee for the Petition is 5s. and Is. for the Notice. Answer to be "The Defendant shall, within eight days after the fiiea. delivery of the Petition, deliver his Answer to the Plaintiff and file a copy thereof in the Eegistry upon one and the same day, and the same course shall be pursued with respect to the Eeply, Eejoinder,&c, until the Petition is concluded." Eule 67. Conclusion to The mode of concluding a Petition in the Prerogative peution. Court has been stated ; an analogous proceeding has in some cases been adopted in the Probate Court, viz., a Conclusion to the Petition has been filed, the Practitioner stating that he " wrote no further to the Petition," or some such words. The fee for the Answer is 5s., and the same for every subsequent Eeply or Eejoinder. PETITION. 107 " When the Defendant raises the question to be heard by Question rained Petition, and gives notice thereof to the Plaintiff, the byDefenaant - Plaintiff shall, within eight days from the receipt of such Notice, file a Petition ; otherwise the Defendant shall be at liberty to do so." Eule 68. " Both Plaintiff and Defendant shall, within eight days from the day upon which the Petition is concluded, file in the Eegistry such Affidavits and other Proofs as may be Proofs to be necessary in support of their several averments therein." med " Eule 69. No Eecord is required. Record not " After the time for filing the Affidavit and other Proofs reiluire has expired, the Petitioner is to set down the Petition for petition to be hearing in the same manner as a Cause." Eule 70. Searing? for A Setting down paper and a Notice paper may be obtained from the Stationer. The Setting down fee is 5s., Fees for setting and Is. for the Notice. down - The Petition takes its turn for hearing amongst the how heard. Causes before the Court itself. Summonses to amend a Petition or Answer, or for further Summonses for time to file, or file notwithstanding the time has elapsed, or fQrther time - for any other purpose, are granted precisely the same as in Causes. The fees for hearing are the same as those hereafter stated Fees for hearing as payable in a Cause, and are to be paid in the Eegistry. POEM OF PETITION. In Her Majesty's Court of Probate. F°rm of Peti- tion. A. B. v. C. D. The day of 18 A. B. (or E. F., Proctor, Solicitor, or Attorney for A.B.), the Plaintiff, says that (Here insert all the facts which are to be alleged) "Wherefore the said A. B. prays that (Here end with the Prayer of the Plaintiff) (Signed) A. B. or E. F. FOEM OF ANSWER In Her Majesty's Court of Probate. Form of Answer _ to Petition. A. B. v. CD. The day of 18 C. D. (or G. H., Proctor, Solicitor, or Attorney for C. D.), the Defendant, says that 108 TESTAMENTARY CAUSE. (Here insert the facts to be alleged in answer) Wherefore the said C. D. prays that (Here insert the Prayer of the Defendant) (Signed) C. D. or G. H. The Reply, Rejoinder, &c, (if any such be necessary), are to be in the same form. Parties to Causes. Executors, Next of lrin. Chapter VI. TESTAMENTARY CAUSE. Citation — Caveat — Appearance — Affidavits of Scripts — Cita- tion to see Proceedings — Heir-at-Law — Appointment of Ad- ministrator or Receiver of Real Estate pendente lite — Inven- tory — Interveners — Declaration — Plea — Replication — Further Pleadings — Demurrer — Issue — Notice as to Mode of Trial — Motion for Directions as to Mode of Trial — Record — Setting Cause down for Trial or Hearing — Questions for Jury — Notice to Admit and Produce — Evidence — Special Jury Panel— Hearing or Trial — Trying Issue at Assizes — Entry on the Record — New Trial — Re-hearing — Appeal — Obtaining Grant after Termination of Contentious Proceedings. Interveners. Minor party to suit. The Rules in Contentious Business state respecting parties to suits that " Executors or other parties who previously to the passing of the Court of Probate Act 1857 might prove Wills in solemn form of Law. shall be at liberty to prove Wills under similar circumstances, and with the same privileges, liabilities and effect as heretofore (Rule 4.) " Next of kin and others who, previously to the passing of the said Act, had a right to put Executors or parties entitled to Administration with Will annexed upon proof of a Will in solemn form of law, shall continue to possess the same rights and privileges, and be subject to the same liabilities with respect to costs, as heretofore" (Rule 5.) " Parties who previously to the passing of the said Act had a right to intervene in a Cause may do so, with leave of the Judge or one of the Registrars, obtained by Order on Summons, subject to the same limitations and the same rules with respect to Costs as heretofore" (Rule 6.) " A Minor may elect a guardian for the purpose of car- rying on, defending or intervening in a suit, in the same CITATION OR CAVEAT. 109 manner and subject to the same rules as in respect of non- contentious business, and without having such guardian assigned to him, but guardians are to be assigned to infants (under the age of seven years) for the above purposes by the Judge, or by an Order of one of the Eegistrars, founded on an Affidavit to the effect required for such assignment in non-contentious business" (Rule 74.) Testamentary causes commence in two ways, either by commencement Citation or by Caveat and Warning. Citations in Conten- ciSof tious Business have been already mentioned. ww-juLs" 1 The Rules Eb. 7 to 12 in Contentious Rules apply to Caveats. " Caveats may be entered in the Principal Registry of the caveats wten Court of Probate or in a District Registry thereof, if in the enterea - Principal Registry the person entering the Caveat must in- sert the name of the deceased in the index to the Caveat Book" (Rule 7.) "A Caveat shall bear date on the day it is entered, and caveat in force shall remain in force for the space of 6 months, and then 6 m(mths - expire and be of no effect but may be renewed from time to time (Rule 8.) " Caveats shall be warned from the Principal Registry, warned from The warning is to be served by leaving the same or a Registry! true copy thereof at the place mentioned in the Caveat as waning how the address of the person who entered it" (Ride 9.) " It shall be sufficient for the warning of a Caveat that a warning by Registrar send by the Public Post a Warning signed by Post- himself, and directed to the person who entered it, at the address mentioned in it" (Rule 10.) " The Warning to a Caveat is to state the name and in- warning to terest of the Party on whose behalf the same is issued, and interest Sparty if such person claims under a Will or Codicil is also to state israili s- the date of such Will or Codicil, and must be accompanied bv an address within three miles of the General Post Office ff d , reBS .?£. „ * -K-r • • • iip rm t* party within 3 at which any JST otice requiring service may be left. The form m>ies of Post of Warning will be supplied in the Registry" (Rule 11) " Upon an appearance being entered in answer to the contentions Warning of a Caveat the matter shall be entered as a Cause commence, in a Court Book and the Contentious Business shall there- upon be held to commence, and the expenses of the entry costs of caveat of such Caveat and the Warning thereof shall, upon tax- ancl Warma £- ation, be considered as Costs in the cause" (Rule 12.) The Caveat Books are kept by the Clerks of the Seats ^^j* 8 ■ and the form of Warning will be supplied by them. 110 TESTAMENTARY CAUSE. Appearance to Citation or Warning. Appearance Book kept by Clerk of the Papers. Address of party entering Appearance. Directions as to Appearances. Interest of parties. Date of Will required. Relationship to Testator, Citation to see proceedings. APPEAEANCES. " All appearances are to entered in the Principal Eegis- try in a Book provided for the purpose, and kept by the Clerk of the papers. The entry must set forth the interest which the person on whose behalf it is entered has in the Estate and Effects of the deceased" (Eule 26.) " The entry of the appearance of a party shall be accom- panied by an address within three miles of the General Post Office" (Eule 27.) It is ordered by the Eegistrars. '• That all entries of Appearance to Citations and Caveats with a view to the commencement of contentious proceed-- ings shall set forth the Name in full and the interest of the person or persons for whom the Appearance is entered." " That without the order of the Judge or permission in writing of one of the Eegistrars no such 'Appearance shall be entered for any person claiming an interest other than the following : 1. Executor 2. Legatee (Specific, Pecuniary or Eesiduary) in trust or beneficial. 3. Next of kin. 4. One of the persons entitled in distribution in case of an intestacy. 5. Executor or Administrator of a beneficial Legatee, next of kin or person entitled in distribution who survived the testator or intestate but is since dead. 6. Creditor. 7. Executor or Administrator of a Creditor. 8. The Husband of any person claiming an interest in one of the above characters. " That the appearance entered on behalf of an Executor or Legatee, or the representative of a Legatee, shall state the date of the Will or Codicil under which he or she claims an interest. "That the appearance entered for a next of kin or person entitled in distribution, or the representative of a next of kin or person so entitled, shall set forth the re- lationship of such next of kin or person entitled to the testator or intestate. " That an appearance entered to a Citation to see Pro- ceedings shall set forth the interest in respect of which the party is cited. APPEARANCE. Ill " That the Clerk in charge of the Appearance Book be cancelling authorized to cancel any Appearance the entry of which is a PP earan08 - not made in conformity with this order." " In case the party cited does not appear within the Default of time limited in the Citation the Cause shall proceed in A PP earance - default, nevertheless the party cited may enter an appear- ance at any time before a proceeding has been taken in default, or afterwards by leave of the Judge or of one of the Eegistrars." Eule 29. It is not the practice in the Probate Court to file Cita- citation to be tions to which an appearance has been given, but when no aavitl of ler- appearance has been given thereto, the Citation, with an appearance. 11 " Affidavit of service and an Affidavit of non-appearance, must be filed, after the time limited in the Citation for the appearance has expired. After an appearance has been entered either party may Denying in- deny the interest of the other, and any dispute respecting appearing."' 7 the validity of a Will will abate until the interest of the party opposing it has been proved. " If the interest of the party asserting himself to be next interest cause of kin is denied by the Executor, the suit then, for a time, created - assumes a different form. " The next of kin, by the denial, is compelled to propound his interest in a preliminary Suit of exactly the same nature as that which is termed an Interest Cause ; and the interest of the next of kin, being ultimately proved, he is admitted by the Court a Contradictor to the Will, and the testamentary or principal Suit thenceforward goes on in the same manner as if the interest of the party had been origi- nally confessed by the Executor. " If the next of kin is also a legatee under the Will which he puts in Suit, and has received the amount of such legacy, although legally admissible as a Contradictor, he .must bring in his legacy, with all interest accrued upon it, before proceeding in the Cause." (a) The party denying the Interest may take out a Sum- Summons to mons against the opposite party to show Cause why he intMe™ d should not propound his Interest and file his Declaration. " In a Testamentary Cause, after delivery of the De- Time to dispute claration, the interest of the party to whom it has been delivered cannot be disputed by the party declaring, except by leave of the Judge." Eule 37. (a) Coote's Ecclesiastical Practice, p. 472. 112 TESTAMENTARY CAUSE. Affidavit of Scripts. Rules as to Affidavits in Contentious business. Affidavits drawn iu first person. Names in Jurat Erasures or Interlineations. Deponent blind or illiterate. summons to If there be any irregularity or error in the Appearance amend Appear. e [^ ev party may take out a Summons for leave to amend his own error, or against his opponent, to show cause why he should not amend his Appearance. AFFIDAVIT OF SCRIPTS. After appearance has been entered in a Testamentary Suit all parties must, within eight days, file Affidavits of Scripts. The Rules in Contentious Business respecting Affidavits are the following : — " Every Affidavit is to be drawn in the first person, and the addition and true place of abode of every person making an Affidavit is to be inserted therein. Rule 80. " In every Affidavit made by two or more persons, the names of the several persons making it are to be written in the Jurat. Rule 81. " Tio Affidavit will be admitted in any matter depending in the Court of Probate any material part of which is written on an erasure, or in the Jurat of which there is any interlineation or erasure. Rule 82. "When an Affidavit is made by any person who is blind, or who, from his or her signature or otherwise, appears to be illiterate, the Registrar, Commissioner, or other person before whom such Affidavit is made, is to state in the Jurat that the Affidavit was read in the presence of the party making the same, and that such party seemed perfectly to understand the same, and also that such party made his or her mark thereto, or wrote his or her signature thereto in the presence of the Registrar, Commissioner, or other person before whom the Affidavit was made. Rule 83. " No Affidavit is to be deemed sufficient which has been sworn before the party on whose behalf the same is offered, or before his Proctor, Solicitor, or Attorney, or before the Partner or Clerk of Lis Proctor, Solicitor, or Attorney'. Rule 84. " Proctors, Solicitors, and Attorneys and their Clerks respectively, if acting for any other Proctor, Solicitor, or Attorney, shall be subject to the Rides in respect of taking Affidavits which are applicable to those hi whose stead they are acting." Ride 85. " WLere a special time is limited for filing Affidavits no Affidavit filed after that time shall be used in Court, unless by leave of the Judge. Rule 86. Before whom sworn. Time to file. AFFIDAVIT OF SCRIPTS. 113 " In Testamentary Causes the Plaintiff and Defendant, Affidavit of ' within eight days of the entry of an appearance on the | c 9 r ^ n^ m part of the Defendant, are respectively to file their ana Defendant. Affidavits as to scripts, whether they have or have not any script in their possession. A form. No. 10, is given." Eule 30. " Every Script which has at any time been made by scripts to be or under the direction of the Testator, whether a Will, Affidavit.' Codicil, Draft of a Will or Codicil, or written instructions for the same, of which the deponent has any knowledge, is to be specified in his Affidavit of Scripts, and every Script in the custody or under the control of the party making the Affidavit is to be annexed thereto, and deposited there- with in the Eegistry." Eule 31. " No party to the Cause, nor his Proctor, Solicitor, or No party to Attorney, shall be at liberty, except by leave of the Judge aav P it°by any or of one of the Eegistrars of the Principal Eegistry, to untuufo™ inspect the Affidavit as to Scripts, or the Scripts annexed has been med - thereto, filed by any other party to the Cause, until his own Affidavit as to Scripts, shall have been filed." Eule 32. Oaths and Affidavits may be taken in and for the pur- ° aths a» d poses of the Court of Probate by the following persons, (a) sworn. 1, In England by the Eegistrars of the Court. 2, the Dis- in England, trict Eegistrars. 3, the Surrogates of any Ecclesiastical Court acting at the commencement of the Court of Probate Act (1857). 4, Commissioners for taking Oaths in Chan- cery. 5, Commissioners specially appointed by the Judge of the Court of Probate. Affidavits and Oaths may be taken for the like purposes in those parts of the United Kingdom which are out of In Irelanii - England by the following persons viz. 1 In Ireland by any Court, Judge, Notary Public or person lawfully authorized to administer oaths in Ireland. In Scotland by the same persons. in Scotland. In addition to the above, — In the Isle of Man: (1) By any Commissary, Ecclesiastical Judge or Surrogate who, at the time of the passing of the Coxu-t of Probate In the Isle of Act, 1857, was authorized to administer oaths in the Man - Isle of Man (2) Any Solicitor practising in the Isle (a) See 27th and 45th sections of the Court of Probate Act, 1867, the 30th and 32nd sections of the Court of Probate Act, 1858, the 22nd section 6 George IV. c. 87, and the 1st section 18 and 19 Vic, c. 42. I 114 TESTAMENTAKY CAUSE. of Man whom the Judge of the Court of Probate may appoint. in the channel In the Channel Islands (1) By the persons last described ' '' ' ' "' ' (2) And any Court, Judge, Notary Public or person lawfully authorized to administer oaths in these Islands. in the colonies. Affidavits and Oaths may be taken in any part of the Colonies, Islands, Plantations and places out of England which are under the dominion of Her Majesty, by any Court, Judge, Notary Public or person lawfully authorized to administer Oaths in such Colonies, Islands, Plantations or places respectfully. inPoreignpaits Affidavits and Oaths may be taken in foreign parts out of Her Majesty's dominions by the following persons viz. — (1) Consuls-General. (2) Consuls. (3) Ambassadors. (4) Ministers. (5) Envoys. (6) Charges d' Affaires. (7) Secretaries of Embassy. (8) Secretaries of Legation. (9) Vice Consuls (10) Acting Consuls. (11) Pro Consuls. (12) Consular Agents. But if there are no such persons as these, then (13,) Foreign local Magistrates or other persons having authority to ad- minister an Oath ; but it must appear, in the latter case, on the Affidavit or Oath, that there were no such persons as those before designated at the place Avhere the oath was administered. SCRIPTS. what is a scipt In the form of Affidavit of Scripts given in the Conten- tious Eules, Scripts are mentioned as " Paper or Parch- ment writing, being or purporting to be or having the form or effect of a Will or Codicil or other testamentary dispo- sition." In Affidavits of Scripts used in the Prerogative Court the words " Script, Scroll, Paper, Parchment or other writing, being, or purporting to be or having the face, force, form or effect of a Will or Codicil" were used. Rule 31 in the Contentious Rules shows that a Script is a Testamentary Paper " which has at any time been made by or under the direction of the Testator;" If the Paper of which the Testator had knowledge be lost, a copy thereof, or any existingpaper embodying the contents then becomes a Script, that is to say, it should be filed annexed to the Affidavit of Scripts, although the Testator had no knowledge of such Paper. Sometimes a Will is propounded as contained in an Affidavit or Declaration in a Suit. These are not annexed to the Affidavit of Scripts, but, until proved, they AFFIDAVIT OF SCEIPTS. 115 are officially regarded as the " Script" and when proved as the "Will." If the Scripts are in the possession of the party making ? cr K^ n f t exea the Affidavit of Scripts, they should be annexed thereto. Every Script should be marked with a figure or letter in a Scripta shollld conspicuous place for the purpose of facilitating reference be marked, thereto and for identification. If the Script has been taken into the Principal or a Dis- j^g'!^™ 11 " trict Eegistry before the Suit commenced, the words " now or P Di 5 trfot remaining in the Principal Eegistry of this Court" or " now Resist '' y - remaining in the District Eegistry at " should be used hi the Affidavit. If the Will has been brought into the Principal Eegistry, and not proved, the Clerk of the Papers should be so in- formed in order that he may obtain the Custody of it. If the Will has been taken into a District Eegistry a Letter should be written to the Eegistrars of the Principal Eegistry stating that a Cause is pending — that the Will is in the District Eegistry at and requesting the District Eegistrar to direct it to be sent up for the purpose of the Suit. Postage stamps should be enclosed. If the time for filing the Affidavit of Scripts has elapsed, Time tofiie a Summons for leave to file, notwithstanding the time has scripts, elapsed, may be extracted, or for further time before it has elapsed. See page 103. A Summons may be taken out to show cause why an waiving Affidavit of Scripts should not be waived for various script!! reasons. Affidavits of Scripts are filed by all parties appearing in g^f^^a b a Testamentary Suit, whether Plaintiff, Defendant, Party an parties, cited to see proceedings or Intervener. If the party has no Script his Affidavit must be to that effect. If either party has in his possession or custody a Script Further ana which he has not produced, or the absence of which he has may be re- not explained the Court will direct the party to bring in a c i uired - further and fuller Affidavit of Scripts. A Summons to show cause why a party should not file a further and fuller Affidavit of Scripts may be obtained. Where both parties are out of time in filing Affidavits Bothparties out one Summons may be taken for Plaintiff and Defendant to file Affidavits. Each signing a consent. Scripts should be annexed together and in such a manner Mode or annex- * ° ing folding ani I 2 endorsing. 116 TESTAMENTARY CAUSE. that every part may be visible — the mode adopted is to run a thin loose string through the top left corner of each script about an inch and a half from the top and side and in the same way annex the Affidavit thereto. Scripts so annexed, however numerous, or written on whatever kind of paper, large or small, may be easily seen. The Affidavit should be folded lengthwise and endorsed with the style of the Cause and the name of the deceased at the top and somewhat lower down the words " Affidavit of Scripts of (the Plaintiff or Defendant) sworn " with the name and address of the Practitioner at the bottom. Fees. The fee for filing each Script is 5s. and 2s. 6d. for the Affidavit, on "sod tl riting " W ien an y pencil Writing appears on a Will, Script, or ' ' other document filed in the Eegistry, a fac simile copy of the Will, Script or other Document or of the pages or sheets thereof, containing the pencil writing must also be filed with those portions written in red ink which appear in pencil in the original. Such copy must be examined by an Examiner in the Eegistry" (Eule 75.) The fee for filing this Copy is Is. If the Document be long a copy of those portions only on which the pencil writing appears is required. FOEM OF AFFIDAVIT OF SCEIPTS. Affidavit of * N ^- ER Majesty's Court of Probate. Scri P*" A. B. v. C. D. A. B. I, -j ° r > of in the County of party in this cause, make oath and say, that no paper or parchment writing being, or purporting to be, or having the form or effect of a Will or Codicil, or other testamentary disposition of E. F , late of in the County of deceased, the deceased in this cause, has at any time, either before or since his death, come to the hands, possesssion or knowledge of me, this deponent, save and except the true and original last Will and Testament of the said deceased, now remaining in the Principal Eegistry of this Court (or hereunto annexed, or as the case may be), the said Will bearing date the day of 18 , (or as the case may be), also save INCIDENTAL PROCEEDINGS. 117 and except (here add the dates and particulars of any- other testamentary papers of which the deponent has any knowledge). Sworn at "1 „. , on the day of I Sl S ned < 4 ^ 186 y ) A - R Before me (person authorized to administer Oaths under the Act.) " N.B. — All papers answering the description given in Eule 31, which are in the possession, or under the control of the party making the Affidavit, should be particularly described therein, and, if possible, annexed thereto, and brought into the Principal Eegistry. If any such Papers are known to be m the possession, or under the control of any other person, the description of such papers, and the name and address of such other person should, also be set forth." Contentious Eules. POEM OF AFFIDAVIT BY PAETY HAVING NO SOEIPT. In Her Majesty's Court of Probate. Affidavit of party having A. B. V. C. D. no Script. '• lc"fii I, i 0I - r of (party in this Cause), make oath and say that no paper or parchment writing, being or purporting to be, or having the form or effect of a Will, Codicil, or other Testamentary Disposition of late of (the deceased in this Cause), has at any time either before or since his death, come to the hands, possession, or knowledge of me this deponent. Sworn at on \ Signed, the day of 186 j A. B. Before me (person authorized to administer Oaths under the Act.) INCIDENTAL PEOCEEDINGS. After the Affidavits of Scripts have been filed, the next incidental step usually taken in a Testamentary Cause is to file the Declaration, but steps are occasionally taken in such causes for which there is no specified time. For instance, Motions for Citations to see proceedings, against the 118 TESTAMENTARY CAUSE. Summons against Heir-at Law or prson interested in real Estate. Administrator pendente lite. Receiver of Heal Estate. Summons for Inventory. Security for costs. Declaration when filed. Who to (l t liver Declaration. Heir-at-Law, or persons interested in real Estate, or such Citation against others. — Motion to obtain Administrator pendente lite, or Eeceiver of Real Estate — Application for Inventory — For security for- Costs, &c, &c. Before speaking of Pleadings a brief allusion to these incidental matters may be desirable. The Practitioner will remember what has been said under the head of " Citation to see proceedings " as to the time for extracting such Citation, and judge of the expe- diency of extracting one (if required), at this stage of the proceedings. See Page 87. If the Heir at Law, or person interested in real Estate, be already before the Court as next of kin or otherwise, a Summons may be extracted to show cause why he should not also appear as Heir at Law, or as interested in real Estate (as the case may be). The Court may be moved to appoint an Administrator pendente lite, or a Eeceiver of real Estate at this or a subsequent period of the proceedings. An Inventory may be required at this or a future time during the proceedings. "In contentious business Inventories and not merely declarations of the personal estate and effects of the deceased, are to be filed, unless by order of the Judge or of a Eegistrar." Eule 76. The fee for filing an Inventory is 5s. A Summons may at any time be taken out to show cause why Security for Costs should not be given. Application by Motion or Summons may now or here- after be made for leave to intervene. These are incidental proceedings in a Testamentary Cause. Leaving them, the ordinary proceedings are as follows. DECLABATION. After Affidavits of Scripts have been filed the next step commonly taken in a Testamentary Cause is to file the Declaration. It is sometimes filed before the Affidavits of Scripts are filed. By Rule 34, the party whose duty it is to file the Declaration cannot be compelled to file it until after the other party has filed his Affidavit of Scripts. " In ordinary cases it belongs to the Plaintiff to deliver the Declaration, and to the Defendant to deliver the Plea, but the party propounding the alleged last Will and Testa- DECLARATION. 119 ment of the deceased shall, in all cases, even if Defendant in the Suit deliver the Declaration, and the party opposing the same deliver the Plea. Eule 33. " The Declaration is to be delivered to the opposite Declaration party and a copy thereof filed in the Eegistry on one and copy mea o£ d the same day, and within one month from the entry of same day. appearance by the Defendant, but the party whose duty it is to bring in the Declaration, shall not be compelled to deliver it, or to file a copy thereof until the expiration of eight days after the other party has filed his Affidavit as to Scripts." Eule 34. " In case of proving a Will in solemn form of law, the Form of party whose duty it is shall declare, in the form No. 6, or Declaration, as near thereto as the circumstances of the case admit." Eule 35. In place of Eule 40 of the Eules and Orders in Con- Amenaea Rules tentious Business, and of the form No 8, referred to in Eule dated 29th 38 of the Eules and Orders, it is ordered that :— December, isee. " If one party propounds a Will or Testamentary Script in his Declaration, and the adverse parties, or either of them, desire to propound another Will or Testamentary m a y deliver Script, the adverse parties must, with their pleas, deliver aeciaration. to the opposite party and file in the Eegistry a Declaration propounding such other Will or Testamentary Script, to which the opposite party shall plead; and the form of Declaration, and the Pleadings and proceedings arising therefrom, shall be the same as directed by the Eules and Orders of the Court in respect to the original Declaration delivered and filed in the Cause." Eule 40. " Either party desiring to alter or amend a Pleading, Amending • • cLeclci ration must apply to the Court on Motion, but if the alteration or amendment required be merely verbal, or in the nature of a clerical error, it may be made by Order upon Sum- mons." Eule 42. " When a Pleading has been ordered to be altered or Time for filing amended, the time for filing the next Pleading shall com- nex ea mg ' mence from the time of the Order having been complied with." Eide 43. " If a party in any Cause fail to deliver or file a copy of f^g r s l ° flle the Declaration, Plea, or other Pleading, within the time copy. specified in these Eules, or within such extended time as may have been allowed, the party to whom such Decla- ration, Plea, or other Pleading ought to have been de- 120 TESTAMENTARY CAUSE. Declaration in default. Declaration how written, folded, endor- sed, &c. Style of cause. Notice to plead Declaration time. Service of Pleadings, &c. Pee. Form of Declaration. livered shall not be bound to receive it, and the copy of such Declaration, Plea, or other Pleading shall not be filed, unless by direction of the Judge, or by order of the Begis- trars of the Principal Eegistry, obtained on Summons. The expense of every application for such direction or Order shall fall on the party who has caused the delay, unless the Judge or Eegistrar shall otherwise direct" Eule44. " In case of proceedings in default the Plaintiff shall file his Declaration in the Eegistry, within eight days from the last day allowed in the Citation for the appearance of the Defendant." Eule 36. The Declaration should be on foolscap paper, folded lengthwise. The correct style of the Cause should be endorsed thereon, and the word " Declaration " and name and address of the Practitioner. In the Probate Court, Causes are styled — if there be only one Plaintiff and Defendant, A. v. B. — if two Plaintiffs and Defendants, A. & B. v. C. & D., — if several, A. & others v. B. and others. — If the appearance be by Guardian, A., by his Guardian v. B. — If parties have been cited to see pro- ceedings, A. v. B. & C. and others cited to see proceedings. — If Interveners, A. v. B. & C. and others intervening. The Notice to Plead should be written at the end of the Copy of the Declaration which is filed, and not outside, as that is required for the endorsement and official notes. " The time fixed in these Eules for bringing in Pleadings, and for other proceedings, shall in all cases be exclusive of Sundays, Christmas Day, and Good Friday. Eule 91. " It shall be sufficient to leave all Pleadings, and other instruments, personal service of which is not expressly required by these Eules and Orders, at the address fur- nished, within three miles of the General Post Office, by the Plaintiff and Defendant respectively." Eule 28. The Fee for filing the Declaration is 5s. POEM OP DECLAEATION". In Her Majesty's Court of Probate. The day of 186 A. B. (or A. B. by C. D. his Proctor, Solicitor, or Attorney), saith that E. P., late of deceased, who died on or about the day of at being of the age of twenty-one years and upwards, made PLEA. 121 his last Will and Testament with Codicils thereto, bearing date, to wit, the said Will on the day of 18 , the first of the said Codicils on the day of 18 , (and so on for any other Codicils), and in the said Will appointed the said A. B. sole Executor (or as the case may be), that the said Will and Codicils respectively, after having been reduced into writing, were signed by the said Testator (or signed by G. H. in the presence and by direction of the Testator, or signed by the Testator who acknowledged his signature thereto, (or as the case may be), in the presence of two Witnesses present at the same time, and who subscribed the same in the presence of the said Testator, and whose names severally appear upon the said Will and Codicils ; and that the said Testator was at the time of the execution of the said Will and Codicils respectively, of perfect sound mind, memory and understanding. (Notice, where the Defendant appears.) The Defendant must plead hereto in eight days from the date hereof, otherwise the Plaintiff will proceed to obtain Probate of the said Will and Codicils (or as the case may be.) PLEA. A Plea is an answer to a Declaration. " A party desirous of Pleading must deliver his Plea to Time to deliver the other party within eight days after the service of the plea- Declaration, and file a copy thereof in the Eegistry on one and the same day, otherwise he will not be permitted to plead, except with the permission of the Judge, or of the Eegistrars of the Principal Eegistry in the absence of the Judge. A form of plea is given No. 8." Eule 38. " In all cases a party opposing a Will may, with his Plea, give notice to the party setting up the Will that he merely insists upon the Will being proved in solemn form p£jji e * at of Law, and only intends to cross examine the Witnesses intends to cross produced in support of the Will, and he shall thereupon be wSasses. at liberty to do so, and shall be subject to the same liabilities in respect of Costs as he would have been under similar circumstances according to the practice of the Prerogative Court." Eule 41. "Either party desiring to alter or amend a Pleading Amending piea. must apply to the Court upon Motion ; but if the alteration or amendment required be merely verbal or in the nature 122 TESTAMENTARY CAUSE — PLEA. of a clerical error, it may be made by order upon Summons." Eule 42. next e P iea flUns " When a Pleading has been ordered to be altered or amended, the time for filing the next Pleading shall com- mence from the time of the order having been complied with." Eule 43. deliver copy. " If a P ar ty hi an y Cause fail to deliver or file a copy of the Declaration, Plea, or other Pleading within the time specified in these Eules, or within such extended time as may have been allowed, the party to whom such Declaration, Plea, or other Pleading ought to have been delivered shall not be bound to receive it. And the copy of such Declara- tion, Plea, or other Pleading shall not be filed, unless by direction of the Judge, or by order of the Eegistrars of the Principal Eegistry, obtained on Summons. The expense of every application for such direction or order shall fall on the party who has caused the delay, unless the Judge or Eegistrars shall otherwise direct." Eule 44. AMENDED EULES AND OEDEES AS TO PLEA. In place of Eule 40 of the Eules and Orders in Contentious Business, and of the Form No. 8 referred to in Eule 38 of the said Eules and Orders, it is ordered, that — " If one party propounds a Will or Testamentary Script in his Declaration, and the adverse parties, or either of them, desire to propound another Will or Testamentary Script, the adverse parties must, with their Pleas, deliver to the opposite party and file in the Eegistry a Declaration propounding such other Will or Testamentary Script, to which the opposite party shall plead ; and the Porm of Declaration, and the Pleadings and proceedings arising therefrom, shall be the same as are directed by the Eules and Orders of this Court in respect to the original Declaration delivered and filed in the Cause." Eule 40. " The party or parties pleading to a Declaration pro- pounding a Will or Testamentary Script shall be allowed to plead only the Pleas hereunder set forth, unless by leave of the Judge, to be obtained on Summons." Eule 40 A. "1. That the paper writing bearing date, &c, and alleged by the Plaintiff [or Defendant] to be the last Will and Testament [or Codicil to the last Will and Testament] of A. B., late of, &c, deceased, PARTICULAKS OF PLEA — FURTHER PLEADINGS. 123 was not duly executed according to the provisions of the Statute 1 Vict., c. 26, in manner and form as alleged. 2. That A. B., the deceased in this Cause, at the time his alleged Will [or Codicil] hears date, to wit, on the, &c, was not of sound mind, memory, and understanding. 3. That the execution of the said alleged Will [or Codicil] was obtained by the undue influence of C. D. and others acting with him. 4. That the execution of the said alleged Will [or , Codicil] was obtained by the fraud of C. D. and others acting with him. 5. That the deceased at the time of the execution of the said alleged Will [or Codicil] did not know and approve of the contents thereof." " Any party pleading the last of the above pleas shall therewith (unless otherwise ordered by the Judge) deliver to the adverse parties and file in the Eegistry particulars in writing, stating shortly the substance of the case he intends to set up thereunder ; and no defence shall be available thereunder which might have been raised under any other of the said pleas, unless such other plea be pleaded therewith." The fee for filing the Plea is 5s. F "e. PAKTICULAKS OF PLEA— FUETHEE PLEADING. Summonses may be extracted to show Cause why par- ticulars of Pleas should not be filed. Pleas have several Particulars of times been drawn adopting the words " and others" from PIeas the above rules. Summonses have consequently been taken out for " particulars of Pleas " to show who were meant and intended by the Words " and others." " Either of the parties may, within 8 days of the service Farther upon him of the last previous Pleading, give in a Eepli- readings, cation, Eejoinder, Surrejoinder, Eebutter or Demurrer as he may be advised. The form of the Declaration and Plea will it is presumed, be a sufficient guide as to the form of any further Pleadings." Eule 39. The fee for filing every pleading is 5s. Fees. The Plea and all subsequent pleadings should be written pleadings folded and endorsed in the same manner as the Declaration, ™nd e^rlea!' 124 TESTAMENTARY CAUSE — DEMURRER, ISSUE. Form of Plea. FORM OF PLEA. In Her Majesty's Court of Probate. The day of 18 G. H. (or G. H. by S. Z. his Proctor, Solicitor or Attor- ney) saith, that the paper Writing bearing date the day of 18 and alleged by the Plaintiff to be the last Will and Testament of A. B. late of in the County of deceased, (or the first or any other Codicil thereto) was not executed according to the provisions of 1 Vict. Cap. 26 (or that A. B. the deceased in this cause at the time his alleged Will or Codicil) bears date to wit, on the day of 18 was not of sound mind, memory, and understanding (or any other averment in opposition to the Will or Codicil propounded.) DEMURRER. Demurrer. Demurrers are subject to the same rules as pleadings. " All Demurrers are to be set clown for Hearing in the same manner as causes, and will come on in their turn with other causes to be heard by the Judge without a Jury." E. 56. The fee for filing a Demurrer is 5s. Setting down and Notice Papers may be obtained from the Stationers. The fee for setting down is 5s. and Is. for the Notice. Hearing fees are to be paid. THE ISSUE, " Within fourteen days after the delivery of the last Pleading in the Cause, the party who brought in the Declaration is to deliver to the other parties in the cause the Issue in the Form No. 11, or in a form as near thereto as the circumstances of the case will admit, but the Issue is not to be filed." Eule 46. FOEM OF ISSUE. Form of Issue. J N JJ EE MAJESTY'S COURT OF PROBATE. The Issue. day of 186 The A. B. v. C. D. A. B. by P. Q. his Proctor, Solicitor or Attorney (or in person) did deliver to wit, on the day of 18 to the said C. D. his Declaration in the words and figures following (Here insert Declaration at length.) Whereupon the said C. D. did deliver, to wit, on the NOTICE AS TO MODE OF TKIAL. 125 day of to the said A.B. his Plea, in the words and figures following (Here insert Plea at length.) (Add any further Pleadings.) Therefore the Plaintiff Claimed that the cause should be tried as the Court shall direct. NOTICE AS TO MODE OF TEIAL. " The party who delivers the issue shall therewith give "N"ofciCG els to notice to the other parties to the cause, that, after the Mode or Trial. expiration of eight days, he intends on a day to he specified in the Notice to apply to the Court to try the questions at issue before itself, either with or without a Jury, or to direct an issue to be tried before a Judge of Assize, as the case may be : and if he do not give such Notice with the Issue, or within sixteen days from the day on which the Issue was delivered, the other party may give a similar Notice to him. A Form of Notice No. 12, is subjoined." Eule 47. " A copy of every such Notice shall be filed in the Eegistry with the case for Motion as to mode of Trial." Eule 48. FOEM OF NOTICE. In Her Majesty's Court of Probate. asTmodeof 6 A. B. v. C. D. Trial - To of Take Notice, that after the expiration of eight clear days from the service hereof, to wit, on the day of 18 , or on the next Court clay on which the application can be made the j" Plaintiff \ in this cause intends to apply to the Court ( Defendant J to hear this cause without a Jury (or to try the questions at issue before itself by a Common or Special Jury), (or to direct the ques- tions at issue to be tried before the Judge of Assize by a Special or Common Jury at the next assizes to be holden in and for the County of ), (or as the case may be.) Dated this day of 18 (Signed) {£*} or E. F. Proctor, Solicitor, or Attorney 126 TESTAMENTARY CAUSE — MOTION. MOTION FOE DIRECTIONS AS TO THE MODE OF TEIAL. The mode of Trial. The Record. " In each case the Judge shall after hearing the parties upon Motion in Court, direct in what mode the cause shall be tried or heard." Eule 49. It is the practice to state in the Prayer the mode in ■which it is desired that the cause should be tried. If the Plaintiff and Defendant differ as to the mode of trial a Counter statement may be filed by the party object- ing to the Motion. THE EECOED. " After the direction of the Judge has been obtained as to the mode in which the Cause is to be tried or heard, the party who delivered the Declaration shall within 8 days, deposit the Eecord of the Cause in the Eegistry. The Eecord is to conclude with a Statement of the mode in which the Judge has directed the Cause to be tried or heard as in the Form No. 13." Eule 50. The Eecord is written on Parchment. No particular form is required. It may be on one or several skins. The fee for depositing the Eecord is £1. When particulars of Pleas have been filed they are not embodied in the Eecord but written on paper and appended thereto. FOEM OF EECOED. Form of Record In HEE MAJESTY'S COUET OF PEOBATE. The day of 18 . A. B. v. C. D. A. B., by E. F., his proctor, solicitor, or attorney, (or in person,) having cited C. D. to appear in support of any interest he may have in the estate and effects of G. H. (or according to the terms of the citation), (or A. B., by E. Fa, his proctor, solicitor, or attorney, (or in person,) having warned the caveat entered by C. D. in the Estate and Effects of G-. H.,) late of , deceased who died on or about the day of 18 , at , the said C. D. appeared thereto personally, (or by his proctor, solicitor, or attorney) : Whereupon to wit, on the day of 18 did deliver his declaration to the said in the words and figures following : (Here insert Declaration at length.) Record on Parchment. Particulars of Pleas. EECOED AND SETTING DOWN FOR HEARING, 127 Whereupon the said did deliver, to wit, on the day of to the said , his plea in the words and figures following : (Here insert at length Plea and any further Pleadings.) Therefore claimed that the cause should be tried as the Court should direct. Whereupon the Judge did order, as follows : only such P or. (Here set forth the direction as to the mode of hearing or order as direct trial ^ ^ e m0< ^ e °f trial V need be set out. EECOED IN CASE OF PAETY CITED NOT APPEAEING. " In default of the Appearance of Defendants, being f^f t in f parties Cited, a Eecord as in Form No. 14, or as near thereto Appearance, as can be, shall be deposited in the Eegistry." Eule 51. FOEM OF EECOED. In Hee Majesty's Couet oe Peobate. The clay of 18 A. B. v. C. D. A. B. by E. F., his Proctor, Solicitor, or Attorney, (or in person), having cited C. D. to appear in support of any interest he may have in the estate and effects of G-. H. (or according to the terms of the citation) late of , deceased, who died on or about the day of 18 , at , the said C. D. did not in anywise appear thereto ; Whereupon, in default of appearance of the said C. D., the said A. B. did file his declaration in the Principal Eegistry in the words and figures following : — (Here insert Declaration at length). Therefore A. B. claimed that the Cause should be tried as the Court should direct. Whereupon the Judge did order as follows : — (Here set forth the direction as to the mode of trial). SETTING- DOWN THE CAUSE FOE TEIAL OE HEAEING. " The party who has deposited the Eecord shall set down who is to set the Cause for Trial or Hearing and upon the day on which caUEe own ' he so sets it down, shall give Notice of his having done so to each party for whom an Appearance has been entered, but if he delay setting down the Cause for Trial or Hearing for the space of one month after the Court has directed the 128 TESTAMENTARY CAUSE — QUESTIONS FOR JURY. mode in which the questions at Issue shall be tried or heard, either of the other parties may set the Cause down for Trial or Hearing, and give a similar Notice. A Copy of every such Notice shall be filed in the Eegistry, and the Cause, unless the Judge shall otherwise direct, shall come on in its turn." Eule 54. T » e S ^ a 7 s notica " No cause is to be called on for Trial or Hearing until of Tria,l * after the expiration of 10 days from the day when the same has been set down for Trial or Hearing, and Notice thereof has been given, save with the written consent of all parties to the suit previously filed in the Eegistry." Eule 55. A setting down paper and notice paper may be obtained from the Stationers. The fee for setting the Cause down is 5s. The notice is Is. QUESTIONS FOE THE -JURY. thejur ns for " ^ ^ le Cause be directed to be tried by a Jury, the Questions at Issue between the parties are to be prepared pai-ea. om pre by the party declaring from the Record, and settled by one of the Registrars of the Principal Eegistry. A form is given, copy served. jj/ _ ^ anc [ a CO py f g^g^ Questions so settled is to be served on all the parties to the Cause" Eule 52. " After the Questions have been so settled any party to the Cause shall be at liberty to apply to the Judge on Alter or amena. Summons to alter or amend the same, and his decision shall be final and binding on the parties" Eule 53. The draft questions for the Jury are brought to the Clerk of the Papers who will therewith receive the'fee for settle- ment. The fee for settling questions of fact to be tried by a Jury is 10s. After the questions have been settled by a Registrar they copy on parch. nia y ^ e obtained from the Clerk of the Papers. A copy of meat filed. the questions on Parchment must be filed. It is required to be annexed to the Record and should be in the Registry some days before the Trial. The fee for filing Parchment copy Questions as settled is 2s. 6d. FORM OF QUESTIONS FOR THE JURY. Pormofques- In HER MAJESTY'S COURT OF PROBATE. tionB for the * -r^ ^ -r^ Jury. A. B. V. C. D. Whereas A. B. the ■! ,. 1 , — '— \ avers and C. D., the (. Defendant, J ' NOTICE TO ADMIT AND PRODUCE. 129 f Defendant, ) denies that (here set out each question at ( Plaintiff, j issue between the parties, and repeat the form as often as may be necessary ; and conclude.) Therefore let a Jury come, At the time of hearing the Cause the Judge may direct any question to be submitted to a Jury to be reduced into Writing. The fee for Reducing into writing any question to be submitted to a Jury under the Judge's direction is £1. Os. Od. NOTICE TO ADMIT AND PRODUCE. " Any party in a Cause may call upon the other party Admission of or parties, by Notice in writing in the form given No. 20, ■ Doouments - to admit any document, saving any just exceptions, and in case of refusal or neglect to admit the same, the Costs of proving the document shall be paid by the party so neglecting or refusing, whatever the result of the cause may be, unless at the trial or hearing the Judge shall certify that the refusal to admit was reasonable, and no costs of proving any document shall be allowed as Costs in the Cause, except in cases where the omission to give the notice was, in the opinion of the Registrar a saving of expense." (Rule 72.) Copies of the Notices are filed in the Registry. The Fee is Is. for each Notice. NOTICE TO ADMIT DOCUMENTS. Form of NotiC9 to admit Docu- In Her Majesty's Court op Probate. ments ' A. B. v. C. D. Take Notice, that the ) — - — 1 in this cause pro- (Defendant) poses to adduce in evidence the several documents here- under specified, and that the same may be inspected by the (Defendant) , . ,, , „ 1 } at on between the hours of I Plaintiff ) and the -<^r— : — ; — I is hereby required, within I Plaintiff / J H 48 hours from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were K 130 TESTAMENTARY CAUSE — EVIDENCE. respectively written, signed, or executed as they purport respectively to have been, that such as are specified to be copies are true copies, and such documents as are stated to have' been served, sent, or delivered, were so served, sent, or delivered respectively, saving all just exceptions to the admissibility of all such documents as evidence in the cause. Dated, &c. To \rr^ \ or to E. F., proctor, or solicitor, or attorney, ((j. V.) „ (Defendant. 01 (Plaintiff. (Signed) 1 rVf or G - H -> Proctor, or solicitor, or attor- „ (Plaintiff. ney fOT JD^ndanTt. [Here describe the Documents. The same form may be employed in describing the Documents as is now in use in the Common Law Courts.] Evidence by Commission. Examination before District Registrar or other person. Subpoena for "Witnesses. EVIDENCE. A Commission to examine Witnesses may be obtained by Motion or on Summons. The Commission is drawn by the Practitioner, and will be settled by a Eegistrar if required. It is written on Parchment. No Commission is required for the Examination of a Witness within the jurisdiction of the Court. The fee for a Commission is £1. A praecipe is required. When a Witness is ill, or unable to attend to be examined in Court, a Summons may be extracted to show cause why he should not be examined before a District Eegistrar, Barrister, Solicitor, or other person. " An Order for viva voce examination of Witness within the jurisdiction" is then made. This Order enables the parties to cross- examine and further examine the Witness. The examina- tion is to be certified under the hand and seal of the Examiner. " Every Subpoena shall be written or printed on parch- ment, and may include the names of any number of Witnesses. The party, or his Proctor, Solicitor, or Attor- ney, shall take it, together with a praecipe to the Eegistry, JURY PANEL — HEARING OR TRIAL. 131 and there get it signed and sealed, and deposit the praecipe, to be signed Forms are given, Nos. 16, 17, 18 and 19." (Eule 71.) ana sealed. A separate praecipe is required for each Subpoena. The Fee for each Subpoena is 2s. 6d. For taking the evidence of one or more Fees for taking witnesses before the Eegistrar, and Evidence. within three miles of the General Post Office, for each day ... ... ... 33 If beyond that distance, for each clay in addition to travelling expenses ... ... ... 550 If for part of a day only, such smaller fee as the Eegistrar in his discretion shall think proper. Commissioner or Examiner appointed by order to take the examination of Witnesses, for each day's attendance, besides travelling expenses ... ... 3 3 SPECIAL JUEY PANEL. If the Cause is to be tried by Special Jury, the Practitioner special jury must obtain an office copy of the Order on Motion, directing ' . the mode of Trial, and take such copy to the sitting Eegis- trar, who will direct a copy thereof to be made to which the Judge's signature will be attached. This copy must be taken to the Sheriff's Office, who will thereupon obtain the Special Jury. The copy of the Panel supplied from the Sheriff's Office c °py fiIod - must be filed with the Clerk of the Papers as soon as obtained. The fee for the Order under the signature of the Judge for a Special Jury is 5s. The fee for filing the Panel is 2s. 6d. HEAEINC OE TEIAL. About ten days before the commencement of every Term ^f*™^. a List of all Causes set down .for Hearing or Trial is by Court itself. o prepared. This constitutes the Business for the Term. No other Causes are taken except by special application. The Causes for hearing by the Court itself are usually taken at the commencement of the Term. Some days before a Cause comes on for hearing or trial ££f ers l00kea K 2 132 TESTAMENTARY CAUSE. the papers are looked up in the Eegistry and compared by the Clerk of the Papers with the Minutes, preparatory to being sent to the Court. If there be any paper required for the hearing of the Cause which is not in the custody of the Clerk of the Papers, the Practitioner should attend in the Eegistry and give directions respecting it. For instance, the Will may have been already proved, in that case it is in the custody of the Eecord Keepers, who must be instructed to attend with it in Court, or papers may have been taken into a District Eegistry, in that case, the Eegistrars of the Principal Eegistry must be written to, requesting them to direct the papers to be sent up for the purposes of the suit. The days of The days of hearing will appear on the Term Card. Tri"by com- The days for trial by common Jury will also appear in mon Jury. t ne Term Card. The Common Jury is obtained by the Judge's Clerk. About three weeks before Jury Causes are taken, he draws up an Order on the Sheriff of Middlesex and obtains the Judge's signature thereto. The Order is then sent to the Sheriff's Office in Eed Lion Square, who issues his warrant to the Summoning Officer to summon the Jury, and a day or two before the trial comes on the Judge's Clerk sends to the Sheriff's Office for the Common Jury Panel, which is sent annexed to the Order, and also the slips of parchment for the Ballot Box, with the names, addresses, and addition of the Jurors. Trial by special Days are appointed in the Term Card for the hearing of Jury Causes, but the Judge generally directs the Practitioners to attend before him for the purpose of selecting the days for the hearing of the Special Jury Causes. Notice to attend the Judge is sent from the Eegistry. conduct of the " The hearing of the Cause shall be conducted hi Court, cause in Court. and tne c ounse i s i ia ii address the Court, subject to the same rules and regulations as now obtain in the Courts of Common Law." Eule 57. Feee. On the hearing or trial of a Cause : Prom the Plaintiff 1 From the Defendant 15 If the hearing or trial continues more than one day, for each day : Prom the Plaintiff 10 Prom the Defendant 10 TRYING ISSUE AT ASSIZES. 133 Entering on the record the finding of the Jury or the decision of the Judge, to be paid by the successful party ... 5 Entering special verdict, if five folios of seventy-two words or under, to be paid by the successful party ... ... 5 If exceeding five folios, for every addi- tional folio of seventy-two words ... 1 Entering decree or order in pursuance of judgment of an extinct Court ... 10 Entering any final order or decree made with consent of parties by the Judge or by one of the Begistrars ... ... 10 Entering the final decree in a Cause, or order dismissing same, to be paid by the successful party ... ... ... 010 Entering order for the examination of witnesses ... ... ... ... f> Entering any order or decree in the Court book, not otherwise specified... ... 2 6 The fees for the hearing of a Cause are payable by all parties who are heard. They are received by the Clerk of the Papers in the Eegistry, and should be sent as soon as the Cause has been heard. TEYING ISSUE AT ASSIZES. Whenever an issue is directed by the Court to be tried Trial at Assizes at the Assizes the mode of procedure is regulated by 8 and 9 Vict., c. 109, s. 19, and the form to be followed is given in Schedule 2 annexed to that statute. The record consequently will not issue from the Court of Probate, nor will any Subpoenas be signed by the Eegis- trars to compel Witnesses to attend at the Assizes, but the Subpoenas will issue from the Court in which the Writ of Summons issued out, as is the case when an issue is directed by a Court of Equity. The details of the proceeding appear to be as follows : Draw the Issue in the form given by the 8th and 9th Vic, cap. 109 : have it settled by Counsel when necessary. Deliver copy for perusal to the adverse party. When returned approved engross it on parchment. Prepare a Praecipe for Writ of Summons, and take it with the Engrossment to the Master's Office of the Court 134 TESTAMENTARY CAUSE — ENTRY ON RECORD. Witness ill. Testamentary Papers sent. Consent required. Motion for Grant. Entry on the Itecord. Entrv on the Record of a verdict. in which the Case is to be tried, where, on lodging Praecipe and paying 5s., the Master's Clerk will seal it with the Seal of the Court. Then make a fair copy thereof and endorse thereon a Notice of Trial for the particular Assizes, and deliver the same to the opposite Attorney ten clays before the Com- mission day. Send the Eecord, which is an exact copy of the Issue, on parchment, to the Agent in the Country, who will enter it with the Associate, and the Case will come on its turn. The Subpoenas should be issued from the same Court and tested in Term time. The Writ of Summons may be issued in either of the Superior Courts, and the other steps be taken there. If, in consequence of illness or any other cause, it be necessary to examine a Witness before the Trial the Order for the Examination must be obtained from the Court in which the Cause is to be tried ; indeed, when a Cause is directed to be tried at Assizes no further step is taken in the Principal Registry until after the trial, except directing the Testamentary Papers to be sent to the nearest District Registry for the purpose of being attended with at the trial ; for this purpose application must be made by letter to the Registrars of the Principal Registry. The consent of the opposite party must be obtained that the Papers may be sent by post, otherwise they will have to be taken to the Court by special Official Messenger. After the Case lias been tried, the Record, with Postea endorsed, and Testamentary Papers, must be returned to the Principal Registry and Motion made for the Grant. ENTRY ON THE RECORD. "After the conclusion of the Trial or Hearing the Registrar shall enter on the Record the finding of the Jury or the decision of the Judge, in a form corresponding as near as may be with those given, Nos. 25 and 26, and shall sign the same." Rule 58. The forms are — " Afterwards, on the day of 18 , before the Judge of Her Majesty's Court of Probate, come the parties within mentioned, by their respective Attorneys (or as the case mayjae) within mentioned, and a Jury duly summoned also come, who, being sworn to try the matters in question between the NEW TRIAL — REHEARING — APPEAL. 135 parties, upon their oath say, that (state the affirmative or negative of the issue, as found for the Plaintiff or Defen- dant, and hi the terms adopted in the Questions for the Jury). (If there be several Issues joined and tried, then say) as to the first Issue within joined, upon their oath say that (here state the affirmative or negative of the Issue, as found for Plaintiff or Defendant) and as to the second Issue within joined, the Jury aforesaid, upon their oath say, &c. (so proceed to state the finding of the Jury on all the Issues) ; Whereupon the Judge decreed (here set forth the tenor of the decree)." (Signed) X. Y., Eegistrar. " Afterwards, on the day of 18 , before the Judge of Her Majesty's Court of Probate, come the parties within mentioned, by Record™ 'l ie their respective Attorneys (or as the case may be) within Juagment. mentioned ; Whereupon the Judge decreed (here insert the tenor of the decree)." (Signed) X. Y., Eegistrar. The Eecord with the Entry thereon is not given out to ^™J° ot the Practitioner, but remains in the Registry. NEW TRIAL. " An application for a new trial of an Issue tried before a Jury may be made to the Court by Motion within four- Ne " Tnal " teen days from the day on which the Issue was tried if the Court be then sitting, if not, on the first Motion day after the expiration of the fourteen days" Rule 59. REHEARING. " An Application for a Rehearing of a Cause heard before the Judge, without a Jury, and in which Evidence has been Rehearm?. given viva voce, may be made by Motion within fourteen days from the day on which the same was heard, if the Court be then sitting, if not, on the first Motion day after the expiration of the fourteen days" Rule 60. APPEAL. " Application for leave to Appeal against auy Interlocu- Appeal, tary Decree or Order of the Court of Probate, must be made within a month of the delivery of the Decree or Order appealed from, or within such extended time as the Judge t-> 13(1 TKKTAMENTABY CAUSE — OBTAINING GRANT, Parties m^y proceed not- withstanding Notice of Appeal. Notice of Appeal. After trial or hearing in Probate Court. After trial at Assizes. shall direct, and notice of such application must be given to the party in whose favour such Order or Decree has been made and filed in the Begistry. A form of Notice is given No. 29" Enle 87. " Parties may proceed to carry into effect the decision of the Court of Probate notwithstanding any Notice of Appeal or of application for leave to Appeal, unless the Judge shall otherwise order ; and the Judge may order the execution of his Decree or order to be suspended upon such terms as he sees fit" Eule 88. NOTICE OF APPEAL. A. B. v. C. D. Notice is hereby given that the ( Defendant, ) in a suit lately depending in Her Majesty's \ Plaintiff; J Court of Probate, entitled A. B. v. C. D. has, in due time and place appealed against a certain final order or decree made in the said cause by the Eight Honourable the Judge of the said Court on the day of 18; whereby amongst other things, he did order and decree (here set forth the matters which are the subject of the Appeal. (Signed) C. D. (or G-. H. proctor, solicitor, or attorney for C. D., the Defendant, or as the case may be.) This day of 18 OBTAINING GEANT AFTEE TEEMINATION OF CAUSE. When a Cause has terminated by trial or hearing in the Probate Court, in order to obtain the Grant a Copy of the Eegistrar's minute must be procured from the Eecord Keepers, and proceedings must be taken to have the Executors sworn and papers transferred to the proper department in the manner described on obtaining Grant after Motion. See Page 94 to 97. When a case has been tried at the Assizes it will be necessary to move the Probate Court before the Grant can be obtained. For this purpose the Eecord with the finding of the Jury endorsed thereon must be obtained, and a statement for Motion prepared. The Testamentary Papers also must be returned into the Principal Begistry. In one case the following was the mode of obtaining the Eecord : — The Writ was issued out of the Court of Common Pleas INTEREST CAUSE — PAUPEll CAUSE. 137 by the Plaintiff against the Defendants under the 8th and 9th Victoria (Games and Wages Act), already mentioned and served upon the Defendant's Attorney, — he entered an appearance thereto. The feigned issue was drawn by Plaintiff's Attorney, and settled by Defendant's Attorney. The Eecord was engrossed and lodged with the Associate at the Chester Assizes. The Cause was tried and a verdict found for the Defendants. The Associate sent np the Eecord to his London Agents, who upon the application of the successful parties (Defendants) endorsed the finding of the Jury on the Eecord, and handed it to the Defendant's Attorney on payment of £1. After the Court has pronounced for the Will the pro- ceedings to obtain the Grant are similar to those required after an ordinary Case for Motion. Causes or Contentious proceedings may be discontinued After aiscon- at any stage of the proceedings, (either before or after they contentions have been set down for hearing) bv Order on Summons by proceedings by . °' J J Summons. consent or on hearing oi the Summons. After the Contentious proceedings have been so dis- continued, the mode of obtaining the Grant is by Eegistrar's Order. For further particulars see " Eegistrar's Orders." Chapter VII. INTEEEST CAUSE. SUIT IN" FOEMA PAUPEEIS. Interest Causes have been defined as " Suits in proof of interest cause Pedigree, arising where the Legal Interest of a person in the definert - Estate of the deceased, as his nearest of kin, is denied on the grounds of illigitimacy or deficiency of evidence." " These questions arise either as an incident in a testa- mentary Cause, where the interest of the Contradictor to a Will is denied, or from the subject matter of an original Cause, respecting the right to Administration of an intes- tate's Effects."* ♦Coote's Kcclesiastical Fractice page 611. Co'Timencement 138 INTEREST CAUSE — DECLARATION. nuies. Eules 61, 62 and 63 in Contentious Business apply to Interest Causes. Eule 63 merely states that " Forms of the Declaration and Plea in an Interest Cause are given, No. 7 and No. 9." In these forms of Declaration and Plea the words " In- testate (or as the case may be)" appear. This means either Intestate or leaving a Will. Whether there be a Will or not the Interest Cause would probably commence in the same way. For instance, an Executor or u 6'ause l . einenL applies for Probate, or an alleged next of kin applies for Administration, he is stopped by Caveat, the Caveat is warned, and an appearance entered. In that appearance the interest of the Defendant is set forth. If the Plaintiff did not admit that Interest he would take p?^pou°ui i°. ou t a Summons against the Defendant to show cause why torest. ne should not propound his Interest and file his Declaration. Eachpartymay "In interest causes, as heretofore, each party shall be at liberty to deny the Interest ot the other, and m such case both parties may, with and subject to the permission of the Judge, adduce proof on one and the same trial of their Interests respectively" Eide 61. " In Interest Causes the pleading of each party must show on the face of it that no other person exists having a prior interest to that of the claimant" Eule 62. interest. aer ' y Interest Causes occasionally arise in Testamentary Causes. " In a testamentary cause after delivery of the Declaration the Interest of the party to whom it has been delivered cannot be disputed by the party declaring, except by leave of the Judge" Eule 37. interest proyea When tlie i nteres t f the next of kin is ultimately proA^ed in an Interest Cause he is admitted by the Court a Contra- dictor to the Will or, if the case be one of Intestacy, Letters of Administration are decreed to him. DECLABATION IN AN INTEREST CAUSE. Form of Decla- Jy JJ ER MAJESTY'S COURT OF PROBATE, raticn in an In- terest Cause. The day of 13 A. B. (or A. B. by C. D. his Proctor, Solicitor or Attorney) saith that E. F. late of deceased died on or about the clay of 18 at intestate (or as the case may be) a Widower, without Child, Parent, Brother or deny Interest. ' Heading. PLEA — PATJPEK CAUSE. 139 Sister, Uncle or Aunt, Nephew or Niece, leaving the said A. B. his lawful cousin german, and one of his next of kin (or as the case may be.) (Notice.) Notice. The Defendant must plead hereto in eight days from the date hereof, otherwise the Plaintiff will proceed to obtain Letters of Administration of the personal Estate and Effects of the said deceased (or as the case may be.) PLEA IN AN INTEEEST CAUSE. In Her Majesty's Coubt of Peobate. Formofpieam Interest Cause. The day of 18 G-. H. (or G-. H. by I. K. his Proctor, Solicitor or Attorney) saith that G-. H. the Plaintiff, is not the lawful cousin german of E. F. who died on or about the day of 18 at the deceased in this Cause. And further, that the said deceased died intestate (or as the case may be) a Widower, without Child, Parent, Brother or Sister, Uncle or Aunt, Nephew or Niece, or cousin german, leaving him the said G. H. his lawful cousin german once removed, and his only next of kin (or as the case may be). SUIT IN FOEMA PAUPEEIS. " Any Person desirous of prosecuting a Suit in forma Case to be laid pauperis is to lay a Case before Counsel, and obtain an "' ure 0,mBe " opinion that he or she has reasonable grounds for proceed- ing." (Eule 23.) " No Person shall be admitted to prosecute a Suit in Order of the forma pauperis without the Order of the Judge ; and to Judg0 ren\ • iP Yi give Bond. in the iorm given (JSIo. 29) or m a form as near thereto as the circumstances of the Case will admit of, with two Sureties, and in a Penalty of such an amount as may be directed by the Judge." Rule 79. (a) Kulea 92, 03, 9-1, 95. See page HO. BILLS OF COSTS. 145 The appointment of an Administrator pendente lite and Receiver of real estate is obtained on Motion. Entering Order appointing a Receiver of real FdUS - estate 1 Bond to be executed by the Receiver of real estate : If three folios of seventy-two words, or under 6 If above three folios of seventy-two words, per folio 2 On each reference : jicr.-renee to r or the Registrars attendance 1 sc^m. For every hour or part of an hour, after the first hour, a further Fee of 10 For the Registrar's Report, if five folios of seventy-two words, or under 10 If exceeding five folios, for every ad- ditional folio 2 REGISTRARS' SELECTION OF ADMINISTRATOR PENDENTE LITE. Ix Hek Majesty's Court of Probate. Beggars «*- lection of Ad- "R /■ P. nnrl P. ministrator b. t. i>. and f>. pendente lito. On Monday the day of 186 Referring to the Order of the Judge of this Court dated the day of 186 ' whereby it was ordered that one of the Registrars of this Court do select some person as Ad- ministrator pendente lite of the personal Estate and Effects of the deceased in this Cause and having this day heard the Agents of the Plaintiff and Defendants respectively thereon. I do report to the Court that Mr. of Auctioneer and Estate Agent is a proper person to lie so appointed (both parties consenting thereto) and I do select him accordingly. X. Y. Registrar. BILLS OF COSTS. " All bills of Costs in Contentious Business are referred to S^*^' * 8 the Registrars of the Principal Registry for taxation, and Taxati °°', may be taxed by them without any special order for that purpose. Such Bills are {unless by leave of the Judge or a Registrar) to be filed in the Registry two days at least be- 146 BILLS OF Notice of ap- pointment to tax. Non-Atten- dance. Deduction. Nos-Coxteit- tious Business. Taxation. Any Bill Taxed. Non-Atten- dance. Deduction. Bill brought to Clerk of the Papers. fore the day appointed for the taxation. An appointment for taxation will be made at the time of filing the Bill." Eule 92. " The party who has obtained an appointment to tax his bill of Costs shall give the other party or parties to be heard on the taxation thereof at least one clear day's notice of such appointment, and shall at the same time deliver to him or them a Copy of the bill to be taxed." Eule 93. " When an appointment has been made by a Eegistrar of the Principal Eegistry for taxing any bill of Costs, and any of the parties to be heard on the taxation do not attend at the time appointed, the Eegistrar may nevertheless proceed to tax the bill, after the expiration of a quarter of an hour upon being satisfied by Affidavit that the parties not in at- tendance had due notice of the time appointed." Eule 94. " If more than one sixth is deducted from any bill of Costs taxed as between practitioner and Client, no Costs incurred in the taxation thereof shall be allowed as part of such bill." Eule 95. " Any bill of Costs may be referred to the Eegistrars of the Principal Eegistry for taxation, and no special order shall hereafter be required for the purpose" Eule 88. " The Bill of Costs of any Proctor, Solicitor, or Attorney, will be taxed on his application, after sufficient notice given to the person or persons liable for the payment thereof, or on the application of such person or persons after sufficient notice given to the Practitioner, and the Eegistrar shall decide in each case what may be a suf- ficient notice." Eule 89. " When an appointment has been made by a Eegistrar to tax a bill, the Eegistrar may proceed to tax the same after the expiration of a quarter of an hour, notwithstanding the absence of either party or his agent, provided he be satisfied that the absent party has had due notice of the appointment for taxation." Eule 90. " If more than one sixth is deducted from any Bill of Costs taxed as between Practitioner and Client, no costs incurred in the taxation thereof shall be allowed as part of such Bill." Eule 91. Bills of Costs are brought to the Clerk of the Papers. Each column must be cast up separately, and the amount put at the bottom in pencil. The number of folios must be counted and placed at the end of the Bill. COSTS. 147 i. 5 Directions. ■ Appointment. Notice. Taxing, (j Nos-CoNTElr. nous Business A summary of the amount of each column must be : placed at the end of the Bill. A 2s. 6d. Probate Stamp must be brought in with each Bill. The appointment for taxation is sent to the Practitioner, if not otherwise obtained. The party obtaining the appointment is to give the other parties to be heard on taxation at least one clear day's notice of the appointment, and at the same time deliver to copy delivered them a copy of the Bill to be taxed. For taxing every Bill of Costs, inclusive of the Eegistrar's Certificate : If five folios of seventy-two words, or under If exceeding that length, for every addi- tional folio For postponement of appointment for taxation of costs, to be paid by the party at whose instance the appointment is postponed : If the Bill of Costs is five folios of seventy-two words or under If exceeding five folios of seventy-two words and under fifteen folios If exceeding fifteen folios Taxing every Bill of Costs : When taxed as between party and party, per folio of seventy-two words each . . . When taxed as between practitioner and client, per folio of seventy-two words each The fee for taxing every Bill of Costs shall be due from each party heard on the taxation thereof. For postponement of appointment for taxation of costs, to be paid by the party at whose instance the appointment is postponed : If the Bill of Costs is five folios of seventy- two words or under If exceeding five folios of seventy words and under fifteen folios If exceeding fifteen folios 10 10 6 10 Fees. Contentious Business. 10 Noti. — Bills of Costs are purposely not introduced, will more conveniently appear in another volume. These and other matters L 2 148 KKCifiTGAj;;}' obdkes. ClIAPTEK IX. EEGISTEAES' OBDEES. A considerable portion of Testamentary Business is transacted in the Principal Eegistry by means of formal Eegistrars' Orders. The forms of some of these Orders are printed, others require to be expressly drawn. Those at present printed are — Order for Grant alter Contentious proceedings have been discontinued. After Conditional Order on Motion or in a Cause. Tor Grant after Citation to accept or refuse, and non- appearance. For Revocation of Grant. For Appointment of Guardian. To bring in Will for safe custody on renunciation of Executors, &c. On Renunciation of Executor to whom power has been reserved. For alteration of Grant. For Notation of Domicile. For Subpoena to bring in a Testamentary Paper. To found Jurisdiction of County Court. Miscellaneous Orders. The mode of proceeding with reference to these Orders will now be briefly explained. OBDEB FOE GBANT AFTEE CONTENTIOUS PEOCEEDINGS HAVE BEEN DISCONTINUED. cider for Grant After Contentious proceedings have been discontinued u .us Proccoa on Summons, the Grant of Probate or Administration is ^oX^r obtained by means of a Eegistrar's Order. The form is filled up by the Practitioner, and must show the right of the party to the Grant. The Fee for the Order is 2s. 6d. If the Grant is to issue from a District Eegistry a Copy of the Order must be obtained and sent by the Practitioner to the District Eegistry. A copy of the Order is generally required by the Clerk of the Seat when the Grant is to issue from the Principal Eegistry. Printed forms of this Order may be obtained from the Clerk of the Papers. KEGISTKAUS' OEDEKS. 149 ORDER AFTER CONDITIONAL ORDER ON MOTION OR IN A CAUSE. When in any Cause or Motion a Grant lias been decreed 2it?onafo?der B " by the Court, subject to the amendment of an Affidavit or ° n c ^, 011 or iu other Document, or the production to the Registrar, or filing any further Document, a Registrar's Order is necessary directing the Grant to issue. It must state the condition upon which the Court decreed the Grant, and show that the condition has been complied with. The Fee for the Order is 2s. 6d. Printed Forms of this Order may be obtained from the Clerk of the Papers. ORDER FOR GRANT AFTER CITATION TO ACCEPT OR REFUSE AND NON-APPEARANCE. When a Party has been cited to accept or refuse a Grant order for Grant he may after entering an appearance, obtain the Grant by accept or rdUe a Registrar's Order. op^" ranee. An Affidavit is required as to the party having been cited to accept or refuse — that an appearance has been entered — that notice of the entry of such appearance was on such a day served on the Solicitor of the Plaintiff, and that no Summons has been served or other proceeding taken in the Cause since the service of the Notice. Printed Forms of this Order may also be obtained from the Clerk of the Papers. The charge for the Order is 2s. 6d. For the Affidavit 2s. 6d. ORDER FOR REVOCATION OF GRANT. When a Grant has been discovered to have been wrongly order for made, or Administration has been granted, and a Will Gr^ntf 1C " afterwards discovered, the Grant may be revoked by Regis- trar's Order. An Affidavit of the facts will be required, and if it be to revoke an Administration in consequence of the discovery of a Will, the Registrar will require to see the Will, and if the Attestation Clause be imperfect, have proof of the due execution before making the Order. The Fee for Revocation is 5s. For filing the Grant 2s. 6d. For the Order, 2s. 6d. For the Notation of the Revocation, 2s. 6d. 150 KECtISTKAKS' okdeks. The facts required to be set forth in the Affidavit are, to whom the Grant was made — by what Court — and when — and that it has since been discovered that the deceased left a Will (or as the Case may be). Printed Forms of the Order may be obtained from the Clerk of the Papers. ORDER POR APPOINTMENT OP GUARDIAN. Appointment " Grants of Administration may be made to guardians of of Guardian, minors an d infants for their use and benefit, and elections by minors of their next of kin, or next friend, as the case may be, will be required; but proxies accepting such guardianships and assignments of guardians to minors will be dispensed with." Rule 33. " In cases of infants {i.e. under the age of seven years) not having a testamentary guardian, or a guardian appointed by the High Court of Chancery, a guardian must be as- signed by order of the Judge, or of one of the Registrars ; the Registrar's order is to be founded on an Affidavit showing that the proposed guardian is either de facto next of kin of the infants, or that their next of kin de facto has renounced his or her right to the guardianship, and is con- senting to the assignment of the proposed guardian, and that such proposed guardian is ready to undertake the guardianship." Rule 34. " Where there are both minors and infants, the guardian elected by the minors may act for the infants, without being specially assigned to them by order of the Judge or a Registrar, provided that the object in view is to take a Grant. If the object be to renounce a Grant the guardian must be specially assigned to the infants, by order of the Judge or of a Registrar." Rule 35. " In all cases where Grants of Administration are to be made for the use and benefit of minors or infants, the administrators are to exhibit a Declaration on oath of the personal estate and effects of the deceased, except when the effects are sworn under the value of twenty pounds, or when the administrators are the guardians appointed by the High Court of Chancery, or other competent Court, or are the Testamentary guardians of the minors or infants " Rule36. The particulars required in the Affidavit are, — the date of death — that deceasedleft an infant, of the age of KEGISTEAKS' ORDERS. 151 incapable of acting in his own name, or of electing a guardian, — that A. B. is the next of kin of the infant, — and that he is ready and willing to accept the guardianship. Printed forms of the Order may be obtained from the Clerk of the Papers. The Fee for the Order is 2s. 6d. For the Affidavit 2s. 6d. ORDER TO BEING IN WILL FOR SAFE CUSTODY ON RENUNCIATION OF THE EXECUTORS, &c. When a Will is in the custody of an Executor, Residu- 9 r ^l} f r'safe ary Legatee, or other person entitled to a Grant, he may custody on voluntarily bring it into the Principal Registry for safe ^Executors, custody, upon filing therewith a Renunciation of Probate &0 - or Administration, with the Will annexed (as the case may be). The Fee for filing the Will is 10s., for the Renunciation 2s. 6d., and for the Order 2s. 6d. Printed Forms of this Order may be obtained from the Clerk of the Papers. ORDER ON RENUNCIATION OF EXECUTOR TO WHOM POWER HAS BEEN RESERVED. An Executor to whom power to take Probate has been Rennncikuon of reserved may renounce, and file his Renunciation in the Executors to Registry, by means of a Registrar's Order. has been The Renunciation should contain the name of some reserved Practioner authorized to file the Renunciation. The Fee for the Order is 2s. 6d. For filing the Renun- ciation 2s. 6d., and 2s. 6d. for the Notation of the Re- nunciation. Printed Forms of this Order may be obtained from the Clerk of the Papers. An Office Copy of the Order is usually obtained in order to afford proof (if necessary) . of the Renunciation having been filed. ORDER FOR ALTERATION OF GRANT. When any alteration is required to be made in a Probate S^of"™?™" or Administration after it has passed the Seal, either through the discovery of an error or of some discrepancy between the Grant and Bank Books in the description of the deceased, the alteration may be made by Registrar's Order. An Affidavit of the facts will be required, 152 REGISTRARS OKDEItS. Order for Notation of Domicile. The fee for the Order is 2s. 6d.— for the Affidavit, 2s. 6d., and for the alteration 2s. 6d. — for the Notation 2s. 6d. The alteration will be made by the Clerk of the Seat if it be in the Probate or Administration, or by the Examiner if in the engrossment. An office copy of the Order is usually obtained for the Bank, — printed forms of this Order may be obtained from the Clerk of the Papers. N.B. — The Registrars almost always direct a Grant to be revoked where the surname or first christian name is required to be altered. ORDER POR NOTATION OP DOMICILE. By 21 & 22 Vict., c. 56, it is enacted that where a deceased person, domiciled in England at the time of his death, leaves property in Scotland or in Scotland and Ireland, the Avhole of his personal estate within the United Kingdom may be included in the Grant. For this purpose a Notation to the effect that " deceased died domiciled in • England, and that the effects are sworn under within the United Kingdom " is made on the Grant. Special Affidavits in accordance with Sec. 15 of the Act are required and may be furnished on applying for the Grant or afterwards. If the Notation is to be made on a Grant which has been passed, a Registrar's Order for Notation of Domicile with the necessary Affidavit, and the Grant must be left with the Clerk of the Seat. Printed forms of this Order may be obtained from the Clerk of the Papers. The fee for the Order is 2s. 6d., for the Affidavit, 2s. 6d. For Noting on a Probate or on Letters of Administration, with or without Will annexed, that the Testator or Intestate died domiciled in England, 5s. ORDER FOR SUBPCENA TO BRING IN A SCRIPT. When a Will or Testamentary Paper is in the possession, brtag C inaScript witnintlle P ower ' 01 ' under the control of any person who delays or declines to bring it into the Principal or a District Registry, a Registrar's Order may be obtained for a Subpoena to issue to compel such person to bring the same into the Principal or a District Registry. An Affidavit is required that the Will is in the possession, within the power, or under the control of the person against Order for Court. jucy registrars' orders. 153 whom the Subpcena is to issue. If the date of the Will be known it should be stated, or the Affidavit should state that the date is unknown. Printed forms of this Order may be obtained from the Clerk of the Papers. The fee for the Subpoena is 5s.— for the Order, 2s. 6d.— for the Affidavit, 2s. 6d. KB.— Under Sec. 23 of 21 & 22 Vic, ch. 95, in order to obtain the registrar's Order, the paper must be shown to be in the possession, within the power, or under the control of some particular person. Where this is doubtful the proceeding must be before the Judge, under 20 & 21 Vic, cap. 77, sec. 26. OBDEE TO POUND JUBISDICTION OP THE COUNTY COUET. When it appears by Affidavit to the satisfaction of .a 0r,1 . er tn. f our.d Eegistrar of the Principal Eegistry that the personal onhtfiu'iT estate of a party deceased is under the value of £200., and r "~ the real estate under the value of £300, the Eegistrar may grant an Order to found the jurisdiction of the County Court of the District in which the deceased had a fixed place of abode, for the hearing of any Cause connected with the Will of the deceased. If proceedings have been taken in the Principal Eegistry, the Order to found the jurisdiction of the County Court is generally made by the Judge. The Affidavit must state the time of death, — that deceased had a fixed place of abode in the District, — that the personal e=.tate and effects which the deceased died possessed of or entitled to, and for and in respect of which a Grant is required, exclusive of what the deceased may have been possessed of or entitled to as a Trustee for any other person and not beneficially, and without deducting anything on account of the debts due and owing from the said deceased, were at the time of his death under the value of £200, and that the said deceased, at the time of his death, was not seized or entitled beneficially of or to any real estate of the net value of £300. or upwards. A printed form of this Order may be obtained from the Clerk of the Papers. Fee for the Order, 2s. 6d, — for the Affidavit, 2s. 6rl. The following are examples of Eegistrar's Orders the forms of which are not printed, but drawn according to cir- cumstances by the Practitioner. attached to new Engrossment. 154 REGISTRARS' ORDERS. OEDEE FOE PEOBATE TO BE ATTACHED TO NEW ENGROSSMENT. Order for IN HER MAJESTY'S COURT OF PROBATE. Probate to be On the day of 186 Before the undersigned Eegistrar of the Principal Eegistry. In the Goods of A. B. deceased. CD. the Solicitor or E.F. the Executor exhibited Affidavit of sworn on the day of 186 and also probate of the last Will and Testament of A. B. late of deceased dated day of 186 whereby it appeared that the Engrossment of the said Will had been seriously damaged and rendered unfit for use by having been left on the top of a Gas Stove and that it was neces- sary that a new Engrossment should be made as several matters remained to be carried into execution under the said Will. Whereupon the undersigned Eegistrar of the Principal Eegistry of this Court on the application of the said ordered that the Probate affixed to the damaged Engrossment of the said Will be detached therefrom and be affixed to a new Engrossment of the said Will with the Seal of this Court, the said Engrossment having been previously examined by the Probate Examiner. X.Y., Eegistrar. OEDEE FOE EXEMPLIFICATION OF AFFIDAVITS. Order for IN HER MAJESTY'S COURT OF PROBATE. Exemplification _ , _ , „ of Affidavits. On the day of 186 Before the undersigned Eegistrar of the Principal Eegistry. In the Goods of A. B. deceased. Upon reading the Affidavit of C. D. sworn day of 186 whereby it appeared that Letters of Adminis- tration with the Will annexed of the personal Estate and Effects of A. B. late of deceased were on the day of 186 granted at the Principal Eegistry to and that the said deceased died possessed of real and personal Estate in the State of Pensylvania in the United States of America and that is necessary for the In- terests of the parties that the said Will of the said deceased should be proved in America. And Whereas it further registrars' orders. 155 appeared that it is essential for the proof of the said Will in America that the due execution of the same should be proved by the Affidavits or Examinations of the attesting "Witnesses and that such Affidavits should be exemplified. Whereupon the undersigned Eegistrar of the Principal Kegistry ordered that the Affidavits of sworn on the and now filed in the Principal Eegistry be exemplified with the said Letters of Administration with the Will annexed. X.Y., Eegistrar. OEDEE FOE JOINT GEANT. In Her Majesty's Court of Probate. order for joint On the day of 186 before the undersigned Eegistrar of the Principal Eegistry. In the Goods of H. W. deceased. On which day was exhibited an Affidavit of G. W. the lawfvd Widow and Eelict of the said H. W. late of in the County of wherein it was deposed that the said G. W. was consenting and desirous that G. A. W. the natural and lawful daughter and only next of kin of the said deceased and together with the said G. W. the only person entitled to his personal estate and effects should be joined with her hi the Letters of Administration of the per- sonal estate and effects of the above-named deceased. Whereupon it was ordered that Letters of Administration of all and singular the personal estate and effects of the said deceased be granted to the said G. W. the lawful Widow and Eelict of the deceased and the said G. A. W. the natu- ral and lawful daughter and only next of kin of the said deceased jointly. X. Y., Eegistrar. OEDEE ON NON-APPEAEANCE OF EEPEESEN- TATIVE OF EXECUTOE. In Her Majesty's Court of Probate. Order on NGn- On the day of 186 £gS££Si« K. V. M. of Execnior. In the Goods of J. C. deceased W. H. the Solicitor of the Plaintiff filed Affi- davits of J. A, and J. A, S. sworn respectively the day Id 6 KEGlSTTiAKS' ORDERS. of 186 and the day of 186 with Citation annexed by which it appeared that J. C. late of died on the day of 186 having made his Will with a Codicil thereto and in his said Will appointed ids Wife J. C, T. K, and W. S. M. Executors. That in the month of 18 a Probate of the said Will and Codicil was granted to the said J.C., T.K. and W.S.M. by the Prerogative Court of Canterbury. That the said J. C, T. K. and W. S. M. for some time intermeddled in the personal Estate and effects of the said deceased and are since dead, leaving part thereof unadministered. That the • said W. S. M. survived his Co-Executors and died on the day of 186 having made his Will and thereof appointed E. S. M, sole Executor. That the said E. S. M. has been duly cited by a Citation bearing date the day of 186 to accept or refuse the Probate and execution of the said Will of the said W. S. M. That the time limited by the said Citation for an appearance to be entered by the said E. S. M. hath since expired but that he hath not in anywise appeared to the said Citation. Whereupon the undersigned Eegistrar ordered that such Citation and non-appearance of the said E. S. M. be noted in the Calendar as usual. X. Y., Eegistrar. OBDEE GIVING- GEANT TO NEXT OF KIX INSTEAD OF WIDOW. In Her Majesty's Court of Probate. The Principal Eegistry. Order frj™R On the day of before the of kin, instead undersigned Eegistrar of the Principal Eegistry. of widow. i n the Goods of On reading the affidavit of sworn on whereby it appeared that late of Gentleman, deceased, died there on and that Wife of the said deceased, in the year eloped from her Husband, the said deceased, and went to Australia in company with a man named with whom she afterwards, during the lifetime of the said deceased, went through the ceremony of marriage, and that she has never in any way since that time communicated with her said Husband or their children, and it is not known whether she is now alive or dead, — the undersigned registrars' orders. 1.57 Registrar ordered that Letters of Administration of the personal estate and effects of the said deceased should be granted to the natural and lawful son and one of the next of kin of the said deceased, or to his lawful Attorney, for his use and benefit, on his giving justifying security. E. F., Registrar. ORDER AFTER CITATION BY REPRESENTATIVE OF EXECUTOR, r. EXECUTORS, TO WHOM POWER WAS RESERVED. In Her Majesty's Court of Probate. The day of 186 Between H. W. L. and W. H., Plaintiffs, and T. W., J. C, and D. O, Defendants. 0l . iler after ci . In the Goods of V. W, deceased. ^SoT e " Messrs. C. & Co,, the Solicitors of the Plaintiffs, filed Executors to Affidavit of H. W. L. and W. H, sworn the clay of ^"'reserved. 186 with Citation by which it appeared that V. W., late of in the County of Engineer, deceased, died on the day of 186 having made his Will and thereof appointed S. W., T. W., J. C, D. 0., and T. D. W., joint Executors. That in the month of 18 Probate of the said Will was granted to the said S. W. by the Prerogative Court of Canterbury, power being reserved of making the like Grant to the said T. W„ J. 0, D. G, and T. D. W. That the said T. D. W. has since died without having taken upon himself Probate of the said Will. That the said S. W. died on the day of 186 having made her Will, and thereof appointed W. B. G. and the said H. W. L. and W. H. joint Executors. That in the month of 186 Probate of the said Will was granted to the said H. W. L. and W. H. by the District Registry at power being reserved of making the like grant to the said W. B. G. That the said T. W., J. G, and D. C. Lave been duly Cited by a Citation bearing date the rlav of 186 to accept or refuse the Probate 158 REGISTRARS ORDERS. and Execution of the said Will of the said V. W. That the time limited by the said Citation for an appearance to be entered by the said T. W., J. C., and D. G. hath since expired, but that they have not appeared to the said Citation. Whereupon the undersigned Eegistrar ordered that such Citation and non-appearance of the said T. W., J. O, and D. C. be noted on the Record of the Probate so as aforesaid granted to the said S. W. X. Y., Eegistrar. Order after Ci- tation — Ap- Kfncfauon ORDER AFTER CITATION, APPEARANCE AND or p a rt y cited. RENUNCIATION OF PARTY CITED. In Her Majesty's Court of Probate. On the day of 18 , before the undersigned Registrar of the Principal Registry. H. R. against A. D. In the Goods of A. M., late of in the parish of deceased. Messrs. B. of in the county of H. & the was served with this Court, on the P., of in the county Solicitors for the Plaintiff in this Cause, alleged that A. D., the Defendant in this Suit, Citation, issued under the Seal of day of 186 , whereby he was duly cited to appear and to accept or refuse the Letters of Adminis- tration with the Will annexed of the personal estate and effects of the said A. M., deceased, left unadministered, or show cause why the same should not be granted to the Plaintiff, a legatee named in the Will of the said deceased. That the said Defendant entered an appearance to the said Citation, and has since, by an instrument under his hand, bearing date the day of 18 , renounced the Letters of Administration of the said personal estate and effects of the said deceased, whereupon the undersigned Registrar, on the application of the said Messrs. B. H. & P., the said Plaintiff's Solicitors, ordered that Letters of Administration de bonis non with the Will annexed, should issue under the Seal of this Court to their party, if entitled thereto. X.Y., Registrar. 159 ORDER BY TWO REGISTRARS EOR ADMINISTRA- TION TO ISSUE, NOTWITHSTANDING FOUR- TEEN DAYS HAVE NOT ELAPSED SINCE THE TIME OF DEATH. On the day of 186 before °^ ration the undersigned Registrars of the Principal Registry — to issue under ° ° r ° J fourteen days In the Goods of J. O, late of in the County from death - of , deceased. On reading the Affidavits of and sworn respectively on the day of 18 , whereby it appeared that the above-named I. C. died on the day of 18 , and that it is necessary, for the preservation of the estate of the said deceased, that Letters of Administration of his personal estate and effects should be immediately granted. The undersigned Registrars ordered that Letters of Adminis- tration of the estate and effects of the said deceased should be granted to M. A. C, the lawful widow and relict of the said deceased, if entitled thereto, notwithstanding the fourteen days have not elapsed since the death of the said deceased. A. B., Registrar. C. D., Registrar. By Rule 43 (Non-Contentious) it is ordered that " No Probate or Letters of Administration, with the Will annexed, shall issue until after the lapse of seven days from the death of the deceased, unless under the direction of the Judge, or by order of two of the Registrars." By Rule 44 it is ordered that " No Letters of Adminis- tration shall issue until after the lapse of fourteen days from the death of the deceased, unless under the direction of the Judge, or by order of two of the Registrars." ORDER TO BRING IN SECURITY FOR COSTS. In Her Majesty's Court of Probate. On the day of 18 . S. v. A. On hearing the Agents of both parties, and on referring 0rder t0 bri to the Order of the Judge of this Court, dated >» security for whereby it was ordered that the Defendant 160 RKGISTKAHS' OKDERS. Thia order m Ve such Security, and in such amount, as maybe ap- wnnhl probably " i ri en -r> • , > p ,1 • ri j. i. 1 be drawn i'y proved of by one ot the Registrars oi tins Lourt, to make £"'if""' good the Costs of the Plaintiff in this Suit, in case the Defendant should be adjudged to pay the same, the under- signed Registrar of the Court of Probate directed that the sum of £ be brought into and deposited in the Piegistry of this Court, to await the further order of the Judge of this Court in respect to the Costs of the Plaintiff, or that the Defendant do enter into a Bond with two sufficient Sureties conditioned for the payment of the said sum of £ or such smaller sum as may be ordered to be paid by the Defendant for and in respect of the Costs of the Plaintiff, and that twenty-four hours notice of such Sureties be given to the Agent of the Plaintiff. X. Y., Registrar. APPENDIX. 161 APPENDIX. ABSTEACT OF CITATION EOE INSEETION IN \ NEWSPAPEB, To E D , late of , in the County of Abstract of , Gentleman. £*£&& Take Notice, that on the day of 186 a Citation issued News P aper - under Seal of Her Majesty's Court of Probate at the Instance of E S , of , in the County of , Widow, the Administratrix (with the Will annexed) of the personal Estate and Effects of T H , deceased, whilst living the natural and lawful Son and only Child of M H , late of , in the County of , Widow, deceased, Citing you as the surviving Executor of the Will bearing date day of , 186 , of the said M H , deceased, which Will has been lost or mislaid, within 8 days after service of the said Citation, inclusive of the day of service, to cause an appear- ance to be entered for you in the said Court of Probate, and propound a copy of the said Will now remaining in the Principal Eegistry of the said Court, if you should think it is for your interest so to do, with an intimation that in default of your so doing the Judge of the said Court of Probate, or the Eegistrars of the Principal Eegistry, will proceed therein according to Law, your absence notwithstanding. T. & T. ' (Signed) A. B. Solicitors, Eegr. Gresham Street, London. ADVEKTISEMENT FOE INFOEMATION AS TO PAETY. £ T Pounds Eewaed.— Whereas P M , late of Advertisement. No. left this Country about the year 18 , and proceeded to and has not been heard of since the year ; any one who can give Information as to the said P M , or if dead, the time and place of his death, is requested to apply to , Proctor or Solicitor of M 162 aitexdix. 3 AFFIDAVIT AS TO NO INFORMATION. In Her Majesty's Court of Probate. The Principal Registry. Affidavit as to In the Goods of , deceased, I, , of no information. (p roo t or or Solicitor, or party to whom reference is to he made), make oath and say that I am the Proctor or, &c.,) acting for , and that I caused Advertisements to he inserted in the following Newspapers — to wit, the Times of , the Globe of , the Morning Post of , the of , which Advertisements respectively are in the words and figures following : — And I further say the Exhibits produced to me and marked Nos. 1, 2, 3, and 4, are the Newspapers hereinbefore respec- tively referred to ; and I lastly say that I have not, since such Advertisements were so respectively inserted, received any information whatever as to P M , the party therein referred to. Sworn by the said \ at V (Signed) this j Before me, 4 AFFIDAVIT TO LEAD REVOCATION OF PROBATE— A SUBSEQUENT WILL HAVING BEEN FOUND. In Her Majesty's Court of Probate. The Principal Registry. ™*onof ad In the Goods of N W , deceased, I, T W , snbae' t Mnt °^ ' ^ tlie County of , Engineer, make oath that I Will having am the Son and the sole Executor named in a Will of , been found. i ate of , deceased, such Will bearing date , and that I duly proved the said Will in the Registry , on the , believing the same at that time to be the last Will and Testament of the said deceased ; and I further make Oath and say that since Probate of the aforesaid Will being granted to me, a subsequent Will of the said Testator, bearing date the , has been discovered, and whereof T W , widow, the Relict of the Testator is appointed sole Executor. And I lastly make oath that I am now desirous of depositing the Probate of the aforesaid former Will of the Testator in the Principal Registry of Her Majesty's Court of AFFIDAVITS. 1G3 Probate in order tliat tire same may be duly revoked, and a Probate of the last Will and Testament of the said Testator, bearing date as aforesaid, granted to the said I W , Widow, the sole Executrix named therein. Sworn by the said T W at on the day of ) T W Before me, A Commissioner, &c. AFFIDAVIT OF SEEVICE, AND NON-ATTENDANCE 5 ON SUMMONS. In Her Majesty's Court of Probate. Affidavit of M, p service, and . agSt. ijr. non-attendance I, J _ S , Clerk to H G , of ^Summons. Solicitor for the Defendant in this Cause, make Oath and say that I did on the day of , 186 , serve a true copy of the Summons hereunto annexed on Mr. THE , one of the Firm of Messrs. B & C , who act as Attornies for W M , the above Plaintiff, by leaving the same at the Office of Business of the said Messrs. B & C , situate at , in the County of , with the said T H B , and at the same time shewed him the original Summons. That I have this day duly attended the said Summons from 1 1 of the Clock to half-past 11 o'Clock, in the forenoon, at the Chambers of the Judge of the said Court at Westminster, in the County of Middlesex, but that neither the said Plaintiff, W M , nor his Attorney, S H B , nor either of the said Firm of Messrs. B & C attended the said Summons, nor did any person attend the same on his behalf to the knowledge or belief of this Deponent. Sworn at Westminster Hall, in \ the County of Middlesex, this I T t, day of 18 Before me, ) AFFIDAVIT OF DEBT TO LEAD CITATION. In Her Majesty's Court of Probate. 6 The Principal Begistry. Affidavit of In the Goods of A B , deceased, I, C D , citation, of , make Oath and say that the said. A B , late of , deceased, died on the day of 18 at , m 2 164 APPENDIX. intestate, a Bachelor, without Parent, Brother or Sister, Uncle or Aunt, .Nephew or Niece, Cousin german, or any other known relation whatever. And I further make Oath and say that the said deceased was at the time of his death justly and truly indebted to me in the sum of pounds of lawful money of Great Britain for BBtureMid 8 (k ere set out particulars of debt), and that no part of such sum amount. has been since received by me or any person on my behalf, but that the whole thereof still remains justly due and owing to me, and I hold no security whatever for the same or any part thereof. And I further make oath and say that the Estate and Effects of the said deceased consist of (state amount and particulars). Sworn at this day of 186 Before me, C D E F A Commissioner, &c. >y AFFIDAVIT OF SEBVICE OF CITATION. In Her Majesty's Court of Probate. The Principal Begistry. — A v. B Affidavit of ser- I, C D , of make oath and say that the vice of Citation. Citation issued in the above cause dated the day of 186 , and now hereto annexed, marked A, was duly served by me on E F , of , at , by shewing to him the Original Citation under seal of this Honourable Court, and leaving with him a true copy thereof the day of 186 Sworn at on the day of 186 Before me, C D G H A Commissioner, &c. 8 AFFIDAVIT AS TO THE INSEETION OF ADVEETISE- Affldavitasto MENT FOB NEXT OF KIN. Advertisement In Her MAJESTY'S COURT OF PROBATE, for next of kin. The Principal Begistry. In the Goods of A B , deceased, I, E F , of (Proctor, Solicitor, or Attorney), make oath and say, that I am the (Proctor, Solicitor, or Attorney) of C D the party applying for Letters of Administration of the personal Estate and Effects of the said A B , late of , deceased. AFFIDAVITS. 165 And I further make oatli and say, that, acting on behalf of the said C D ,1 caused an Advertisement requesting the relatives (if any) of the said deceased to apply to me to be inserted, once in the London morning Newspaper called the , to wit, on the day of , and once in the London morning Newspaper called the , to wit, on the day of , and once in the London evening Newspaper called the , to wit, on the day of (as by reference to the said Newspapers hereunto annexed, marked respectively No. 1, No. 2, and No. 3, will more fully appear) ; but that no application whatever has been made to me, this Deponent, in consequence of or in answer to the said Advertisement; nor have I been able to obtain any information respecting the relatives (if any) of the said deceased. Sworn at this day of 186 Before me, ) E F T M A Commissioner, &c. 9 AFFIDAVIT AS TO INSEETION OF ADVEETISEMENT FOR THE EECOVEEY OF A LOST WILL. In Her Majesty's Court of Probate. Affidavit as to m, ■„ . . , -r, . , the insertion of ihe Frmcipal Eegistry. Advertisement In the Goods of A B , deceased, I, C. D , Jfa lost Will. of , make oath and say as follows : — I am the Solicitor of E F , the sole Executrix named in the last Will and Testament of the above-named A B , late of , deceased, and the party applying for Probate of a Copy of the said Will. On the day of ,18,1 caused to be inserted in the London morning Journal called the Times, an advertisement in the words and figures following, to wit (here set out adver- tisement). The said journal is now hereunto annexed, marked A (and so on with the two other newspapers.) No application has been made to me, this Deponent, in conse- quence of or in answer to the said advertisement, nor have I been able to obtain any information respecting the original Will therein referred to. Sworn by the said C D , v at on the day of 186 1 Before me, ° D T M A Commissioner, &c. , 160 ArPENDIX. 10 Affidavit in proof ofLunacy, AFFIDAVIT IN PEOOF OF LUNACY. In Her Majesty's Court or Probate. The Principal Eegistry. In the Goods of A B , deceased. — We, C D , of , Surgeon, and E F , of , nurse at Lunatic Asylum, make oath and say respectively as follows : — I, the said C D for myself make oath, that for the space of years, now last past, I have attended in my professional capacity E B (who is, as I am informed, and "believe, the natural and lawful Father of the said A B , late of , deceased, the said E B being a patient under the care of my fellow Deponent, the said E F at the Asylum or House for the reception of Lunatics, at aforesaid, and that the said E B hath heen for many years, and now is, a Lunatic, and totally incapable of managing himself or his affairs, or of doing any act whatever requiring thought, judgment or reflection, and is not likely soon to recover the use of his mental faculties. And I, the said E F for myself make oath, that I am a nurse at the said Lunatic Asylum or House for the reception of Lunatics, where the said E B is now con- fined, and that the said E B hath been for years, last past, confined thereat, and has been under my care as a person of unsound mind, and that he is a Lunatic and totally incapable of managing himself or his affairs. Sworn at this ^ day of 18 by the said C D andE ' F Before me, T M A Commissioner, &c. C E D 11 Affidavit on accepting Guardianship of Infant. AFFIDAVIT ON ACCEPTING GUARDIANSHIP OF INFANT. In Her Majesty's Court of Probate. The Principal Eegistry. In the Goods of A B , deceased, I, C D , of , make oath and say as follows : — The said A B , late of , died at afore- said on the day of ,18 , intestate, a Widower, leaving E F , his natural, and lawful, and only child, who is now an infant of the age of six years and upwards, but under ATTACHMENT AND PRAECIPE. 167 the age of seven years, and who, therefore, as I am advised, is by Law incapable of acting in his own name, and of electing a Guardian to act on his part and behalf. I am the lawful Grandfather and next of kin of the said Infant, and I am ready and willing to undertake the Guardian- ship of the said Infant for the purpose of taking Letters of Administration of the personal Estate and Effects of the said A B , deceased, for the use and benefit of the said Infant until he shall attain the age of twenty-one years. Sworn by the said C D at this day of 18 Before me, T M A Commissioner, &c. > C D ATTACHMENT. ]_2 In Her Majesty's Court op Probate. Victoria, by the Grace of God of the United "Kingdom of Attachment. Great Britain and Ireland, Queen, Defender of the Eaith, To the Sheriff of our County of Greeting, We command tou to attach the person of J B , of , in the County of , Spinster, so as to have her before us in our Court of Probate at "Westminster, whensoever the said Court shall sit there to answer to us as well touching a contempt which she as it is alleged has committed against us, as also such other matters as shall be then and there laid to her charge. And further to perform and abide such Order as our said Court shall make in this behalf. And thereof fail not and bring this Writ with you. Witness ourself at Westminster, the day of 186 in the year of our Beign. Attachment. S &S , Solicitors, Street, London. Endorsement. By order of the Court at instance of , for non-payment of Costs (or as the case may be). PRAECIPE EOB ATTACHMENT. In Her Majesty's Court op Probate. B v. S & W Seal an Attachment directed to the Sheriff of our County AtSwSnwt. 168 APPENDIX. of , for breach of an Order, dated the day of _ 18 , made in the matter of B v. H & W , in not paying or causing to be paid to S & S , the Solicitors of E S , the sum of £ , being the amount which appears by the Affidavit of L S to be due to them for taxed costs of the above Suit, and also the costs in obtaining the said Order as by the said Order the said J B was com- manded. S S Solicitors, Street, London. Dated the day of ,18 . ■j^g BOND FOE SECUEITY FOE COSTS. Know all Men by these Presents that "We leSfrffyfor are held and firmly bound unto C L and H Costs. E L in the penal sum of pounds of good and lawful money of Great Britain, to be paid to the said C L and H E L . For which payment to be well and truly made, we bind ourselves and each of us for the whole, our Executors or Adminis- trators firmly by these Presents, Sealed with our Seals. Dated the day of , in the year of our Lord, One thousand eight hundred and Whereas there is a certain Cause of now depending in Her Majesty's Court of Probate between L E Esquire, Plaintiff, of the one part, and M S E , Defendant, of the other part. And Whereas the Eight Honorable Sir , Knight, the Judge of Her Majesty's said Court of Probate, rightly and duly proceeding in the said Cause hath, by Order dated the day of , One thousand eight hundred and decreed (amongst other things) that a sum of money be paid by the Plaintiff into Court, or that (if the Eegistrars thought fit) he, the said Plaintiff, should give Security for defraying the neces- sary expenses on the part of the said Defendant of bringing the Cause before the Court for Trial. And Whereas , Esquire, one of the Eegistrars of Her Majesty's Court of Probate, to whom it has been referred by the Judge aforesaid to estimate and determine upon the sum of money to be paid into Court, or (if he should see fit to take Security) the sum of money for which Security should be given for defraying the necessary expenses on the part of the Defendant in bringing the Cause before the Court for Trial, in pursuance of the aforesaid Order, having heard the Solicitor of the said Plaintiff and the Proctor ASSIGNMENT OF BOND. 1G9 of the said Defendant thereon, did, on the day of , One thousand eight hundred and , certify under his hand that pounds was a proper and sufficient sum for defraying the expenses aforesaid, and on the application of the Solicitor for the Plaintiff, directed that sufficient security be taken in the said sum of pounds from or on behalf of the Plaintiff, notice of such Security being first given to the Proctor of the said Defendant. Now the condition of this obligation is such that if the above bounden, their Executors or Administrators shall well and truly pay or cause to be paid to the above-named C L and fi E L , their Executors, Administrators or Assigns the full sum of pounds of good and lawful money of Great Britain, or the lawful Costs of the said M S E, the Defendant in bringing the said Cause before the Court for Trial, to the extent of the said sum of pounds, then this Obligation is to be void and of none effect, otherwise to remain in full force and virtue. Signed, Sealed and Delivered ) in the presence of J ASSIGNMENT OF BOND. 14 In Her Majesty s Couet op Pbobate. Assignment of Bond. The Principal Eegistry. In the Goods of A B , deceased, Know all Men by these presents that I, one of the Eegistrars of the Principal Eegistry of Her Majesty's Court of Probate, pursuant to the 83rd Section of the Court of Probate Act, 1858, and by virtue of an Order upon Motion by Counsel of the Eight Honourable Sir , Knight, Judge of the said Court, made upon me on the day of ,186 , have assigned and by these presents do assign to of , in the County of , the person named in the said Order, the annexed Bond bearing date the day of ,186 , for the due Administration of the Effects of , late of , in the County of , To be sealed and all benefit and advantage arising therefrom. In witness officiai B Seai. thereof I have hereunto set my hand this day of ,186 . Signed, Sealed and Delivered in the presence of me, X y ■"- ■" ' Eegistrar. Principal Eegistry, Court of Probate. , If the Practitioner bring a sheet of paper with a £1 stamp 170 appendix: impressed thereon the Eegistrar will write the assignment thereon. The fee for Assignment is Five Shillings. The Bond is not given out of the Registry to the party, hut attended with as required. 15 Bond to be executed by a Receiver of Real Estate pending Suit. BOND TO BE EXECUTED BY A RECEPTEE OF REAL ESTATE PENDING SUIT. Know all Men by these Peesents that we, A B , of , C D , of , and E F , of are jointly and severally hound unto the Right Honourahle , the Judge of Her Majesty's Court of Prohate, in the sum of pounds of good and lawful money of Great Britain, to he paid to the said Right Honourahle , or to the Judge of the said Court for the time heing, for which payment, well and truly to he made, we hind ourselves and every of us for the whole, our heirs, executors and administrators firmly hy these presents. Sealed with our Seals, dated the day of in the year of our Lord One thousand eight hundred and sixty Whereas, G H , late of , died on the day of , 18 , at , having, as asserted, made and duly executed \ ^ j last Will and Testament, with Codicil thereto, hearing date respectively the (here insert dates of the Testamentary papers). And whereas there is now pending in judgment in Her Majesty's Court of Prohate a certain cause or suit instituted hy I J , as one of the executors named in the said Will, against K L , the natural and lawful and only next of kin of the said deceased, touching and con- cerning the validity of the said Will and Codicil, in which said cause or suit M N , as the heir-at-law of the said G H , has heen cited to see proceedings, and has entered an appearance, and hecome a party to the said cause or suit. And whereas the Right Honorable , the Judge aforesaid, did, on the day of , 186 , after hearing Counsel for and on hehalf of all parties to the said cause or suit, appoint the ahove hounden, A B as, and to he Receiver of the Real Estate of the said G H , pending the said cause or suit. Now the condition of this obligation is such, that if the ahove hounden, A B , the Receiver of the Real Estate of .the said G H , pending the aforesaid cause or suit, do make a true and perfect Inventory of all the rents, issues and profits of the said Real Estate, which have or shall come to his hands, pos- CITATION TO. SEE WILL PROVED. 171 session or knowledge, or into the hands, possession or knowledge of any other person for him, and the same so made do exhibit, or cause to be exhibited into the Principal Eegistry of Her Majesty's Court of Probate when lawfully required so to do, and the same rents, issues and profits do well and truly pay and appropriate according to law, that is to say, in payment and satisfaction of all charges and expenses which are or may be or become legally charged upon and payable out of the said rents, issues and profits, and in the letting and managing of the said Real Estate, and in performing other, the duties committed to him by the Judge aforesaid, and further do make or cause to be made a true and just account of his administration of the said rents, issues and profits which shall be allowed by the said Court, and all the rest and residue of the said rents, issues and profits do deliver and pay under the direction of the said Court, then this obligation to be void and of none effect, or else to remain in full force and virtue. Signed, Sealed and Delivered by theN within named A B , C T> | (Signed) and E F, in the presence of | A B l s. Q ' ) p T) T o A Clerk in the Principal Eegistry, or a Commissioner or Surrogate authorized E F l. s. to administer Oaths in the Court of Probate. CITATION TO SEE WILL PROVED. Jg In Her Majesty's Court of Probate. Victoria, by the Grace of God of the United Kingdom of citation to sea Great Britain and Ireland, Queen, Defender of the Faith, To pBJlu " , of , in the County of Whereas, it appears by an Affidavit of A B , of , ™£.^2jj^ sworn on , and filed in the Principal Eegistry of our Court by the Plaintiffs of Probate, that the said A B , of , claiming to be ° r °™ ° f thenl - the Executor of C D , late of , deceased, who died on or about the day of , 18 , at intends to prove in solemn form of law as well the alleged last Will and Testament of the said deceased, bearing date the day of , as also the (first) Codicil thereto, bearing date the day of , (and so on for any other Codicils), and that the said deceased died a Bachelor without Parent (or as the case may be) and that you, the said , are the natural and lawful and only next of kin of the said deceased, and the only person entitled to his personal estate and effects (or as the case may be) in case he 172 APPENDIX. be pronounced to have died intestate Now, this is to command yon, the said , that within eight days after service hereof on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Principal Eegistry of our Court of Probate in support of any interest you may have in the personal estate and effects of the said deceased. And take notice that in default of your so doing the Judge of our said Court will proceed to hear the said Will (and Codicils) proved in solemn form of law, and to pronounce sentence in regard to the validity of the same, your absence notwithstanding. Dated this day of 18, and in the year of our Eeign. Citation to see Will proved ) NO, V E F > Lincoln's Inn. j Registrar. Indorsement to be made after service. This Citation was served by G H on the within-named , of , at , on the day of ,18 gned) G H 17 CITATION TO BEING IN PEOBATE. In Her Majesty's Court op Peobate. Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Paith. To , of , in the County of This Affidavit Whereas, it appears by an Affidavit of C D , of must be made r, ipii.,it>--it.. » %■ by the Plaintiffs fa worn on , and filed in the Principal Eegistry of our Court or one of them. f p ro bate, that Probate of the alleged last Will and Testament [with Codicils thereto] of A B , late of , deceased, was on or about the day of 18, granted to you by Our Court of Probate [or at the District Eegistry attached to Our Court of Probate at ] : and that the said deceased died a bachelor without parent [or as the case may be], and that the said C D , is one of the natural and lawful brothers and next of kin of the said deceased, and one of the Persons entitled in distribution to his personal estate and effects in case he shall be pronounced to have died intestate [or interested under a former Will bearing date, &c, or as the ease may be], and that the said Probate ought to be called in, revoked, and declared null and void in law : Now this is to command' you, the said that within eight days after service hereof on you] inclusive of the day of such service, you do bring into and leave in the Principal Eegistry of Our said Court the aforesaid Probate, CITATION TO BEING IN ADMINISTRATION. 173 and further do show cause (if you should think it for your interest so to do) why the said Probate should not be revoked and declared null and void in law, and the said "Will [and Codicils] pronounced to be null and invalid. Dated this day of , 18 , and in the year of our Eeign. (Signed) E F , Eegistrar. Citation to bring in Probate. Name of the Practitioner. Indorsement to he made after service. This Citation was served by G H on the within-named , of , at , on the day of , 18 . (Signed) G H 18 CITATION TO BEING IN ADMINISTEATION. In Her Majesty's Court of Probate. Victoria, by the Grace of God of the United Kingdom of Great This Affidavit Britain and Ireland, Queen, Defender of the Faith. £™ 8 ' b l, ma ?- e «- m j? • j.1 n a r by the Plaintiffs lo ,01 , in the Comity 01 or one of them. "Whereas it appears by an Affidavit of A B , of , sworn on , and filed in the Principal Registry of our Court of Probate, that C D , late of , deceased, died on , at , and that on the Letters of Administration of the personal estate and effects of the said deceased, on the suggestion that he had died intestate, were granted to you by the authority of our Court of Probate as the and next of kin of the said deceased, and that it has since been discovered that the said C D made and duly executed his last "Will and Testament, dated , and thereof appointed executors [or as the case may be\, and that the said Letters of Administration ought to be called in, revoked, and declared null and void in law : Now this is to command you, the said , that within eight days after service hereof on you, inclusive of the day of such service, you do bring into and leave in the Principal Registry of Our said Court the said Letters of Administration, and further do show cause (if you should think it for your interest so to do) why the same should not be revoked and declared null and void. Dated this • day of , 186 , and in the year of Our reign. (Signed) E F , Eegistrar. Citation to bring in Administration. Name of Practitioner. Indorsement to he made after service. This citation was served by G H on the within- named , of , at , on the day of 18 (Signed) G H 174 APPENDIX. This Affidavit must be made by the party on whose behalf the Citation is extracted. If heir-at-law recite briefly the, 19 CITATION TO SEE PEOCEEDINGS. In Her Majesty's Couet of Peobate. Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Paith. To , of , in the County of Whereas it appears hy an Affidavit of , sworn on the day of ,18 , and filed in the Principal Eegistry of Our Court of Probate, that there is now depending in Our said Court a Cause entitled A E v. C D , wherein the said is proceeding to prove in solemn form of law the order on motion, alleged last Will and Testament with Codicils thereto, of E P , late of , deceased, who died on or about the day of , at And whereas it appears by the said Affidavit that you are the natural and lawful and one of the next of kin of the deceased, and a party entitled in distribution to the personal estate and effects of the deceased in case he should be pronounced to have died intestate [or interested under a former Will of the said deceased, bearing date, &c, or as the case may be]. Now THIS IS TO GIVE NOTICE TO YOU, THE SAID to appear in the said cause, either personally or by. your Proctor, Solicitor, or Attorney, should you think it for your interest so to do, at any time during the dependence of the said cause, and before final judgment shall be given therein : And take notice, that in default of your so doing the Judge of Our said Court of Probate will proceed to hear the said Will [and Codicils] proved in solemn form of law, and pronounce judgment in the said cause, your absence notwithstanding. Dated this day of , and in the year of Our reign. (Signed) E P , Begistrar. Citation to see Proceedings. Name of Practitioner. Indorsement to be made after service. This citation was served by G II on the within-named , of at , on the day of , 18 . (Signed) G H 20 Citation against Residuary Legatee, and Legatees to Propound Paper Writings. CITATION AGAINST EESIDUAEY LEGATEE AND LEGATEES TO PBOPOUND PAPEE WRITINGS. In Her Majesty's Couet op Probate. Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. CITATION AGAIXST HESIDUARY LEGATEE, ETC. 175 To H E , of , in the County of , Spinster, P C H , of , in the County of , Esquire, P A , of , in the County of , Esquire, P A C , of , in the County of , Esquire, Whereas it appears hy an Affidavit of P E M , of , in the County of , Esquire, sworn on the day of ,186 , and filed in the Principal Registry of our Court of Probate that P K S H , of deceased, died on the day of , 186 , at in the County of , a Bachelor, leaving him surviving P R H , his natural and lawful father and next of kin, and the sole person entitled to his personal estate and effects in case he be pronounced to have died Intestate, that the said P E H hath, by an instrument under his hand and seal, bearing date the day of , 186 , and filed in the Principal Registry of our said Court, renounced his right and title to Letters of Administration, and consented to the same being granted to the said P R M , the natural and lawful brother of the said deceased. And whereas it appears by the said Affidavit that the said deceased left certain paper writings purporting to be a Will and two Codicils thereto, bearing- date respectively the day of , 186 , and the day of ,186 , and filed in the Principal Registry of our said Court of Probate, but did not thereof appoint any Executor, but did therein name you, the said H E , residuary Legatee, and you, the said P C H, P A , P A C , and P E Z , the only Legatees other than the said P R M B"ow this is to command you, the said H E , P C H , P A , and P A C , that within (a) eight days after (a) if the party service hereof on you, inclusive of the day of such service, and lana.iraianaf" you, the said P F Z , that within (5) 30 days after or Scotland; (&) the service on you, inclusive of the day of such service, you and each of you do cause an appearance to be entered for you and each of you in our Court of Probate, and propound the said paper Writings should you or either of you think it for your interest so to do, or show cause why Letters of Adminis- tration of the personal estate and effects of the said deceased as having died intestate should not be granted to the said P R M . And take notice that in default of your or any of your so appearing and propounding the said paper Writings the Judge of our said Court, or the Registrars of the Principal Registry thereof, will proceed to grant Letters of Administration of the personal estate and effects of the said deceased, as having died Intestate to the said P M , your absence notwith- standing. 17G APPEXDIX. Dated this day of , 186 , and in the year of our Eeign. X Y , Eegistrar. Citation. A. B Solicitor, Temple. Indorsement to be made after service. This citation was served by G H on the -within-named , of , at , on the day of 18 (Signed) G H 21 CITATION AT THE INSTANCE OF CEEDITOE v. EXECUTOES WHO PEOVED WILL IN LISBON, AND EESIDTTAEY LEGATEE TO ACCEPT OE EEFUSE PEOBATE OE ADMINISTEATION WILL OF COPY WILL. Citation at the In Her Majesty's COURT OP PROBATE, instance of Creditorr. Victoria by the Grace of God of the United Kingdom of proved warn Great Britain and Ireland Queen, Defender of the Faith. To Lirton^and PJSC,AASP, both of the City of Legatee to Lisbon, and to D M D , and D M D , both Probateor eruse botl1 of ' ^ tlle Conld J of . Spinsters. Whereas it Administration appears by an Affidavit of T F P B , of , in the wm of copy c oun ty f ( Merchant, sworn on the day of , 186 , and filed in the Principal Eegistry of our said Court, that F S S , late of the City of Lisbon, Merchant, deceased died at Lisbon aforesaid on the day of , 186 , having made and executed his last Will and Testament, bearing date the day of 18, and thereof appointed you the said P J S C , Executor in the first place, and in his default appointed you the said A A S P , Executor, and also named you the said D M D , and D M D Eesiduary Legatees, and that on the day of ,18 , the said Will was duly proved at Lisbon aforesaid by you the said P J S C , the Executor in the first place named therein, and that an official copy of the said Will is now remaining in the Principal Eegistry of our said Court, and that the said T F P B is a Creditor of the said deceased. Now this is to command you the said P J S C and A A S P that within 30 days after service hereof on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Principal Eegistry of our said Court, and that you the said P J S C and A AS P CITATION AGAINST UNIVERSAL LEGATEE. 177 or one of you do accept or refuse Probate of tlie said Will, and that you the said DM D and D M D do accept or refuse Letters of Administration with the said Will annexed of all and singular the personal estate and effects of the said deceased if by law entitled thereto, otherwise that you and each of you do show cause why Letters of Administration with the said Will annexed of all and singular the personal estate and effects of the said deceased should not be committed and granted to the said T F P B , a Creditor of the said deceased. And take notice that in default of your so appearing, accepting and extracting the said Probate or Letters of Administration with the said Will annexed, the Judge of our said Court or the Registrars of the Principal Registry thereof, will proceed to grant Letters of Administration with the said Will annexed to the said T F P B , your absence notwithstanding. Dated this day of , in the year of our Lord, 186 , and in the year of our Eeign. X Y , Registrar. Citation. S & M Temple. Indorsement to be made after service. This citation was served by G H , on the within-named , of , at , on the day of , 18 . (Signed) G H CITATION AGAINST UNIVERSAL LEGATEE TO 00 ACCEPT OR REFUSE ADMINISTRATION WILL AT INSTANCE OF CREDITOR. In Her Majesty's Couet of Probate. Citation again stUniver- Viotoria by the Grace of God of the United Kingdom of acce L t g crrefuse Great Britain and Ireland Queen, Defender of the Faith. To Administration A B ,of , in the County of • oTiS™ Whereas it appears by an Affidavit of C D , of , in the County of , sworn on the day of ,186 , and filed in the Principal Registry of our said Court, that E F , late of , deceased died on the day of 186 , having made and duly executed his last Will and Testament in writing, bearing date the day of , but did not therein name any Executor, but therein named you the said A B universal Legatee,' which said Will is now remaining in the Principal Registry of our said Court, and that N 23 178 APPENDIX. the said C D is a Creditor of the said deceased. Now this is to command you the said A B that ■within eight days after service hereof on you, inclusive of the day of such service, you do cause an appearance to he entered for you in the Principal Eegistry of our said Court and accept or refuse Letters of Administration (with the Will annexed) of the per sonal estate and effects of the said E F , deceased, or show cause why such Letters of Administration should not he granted to the said C D . And take notice that in default of your appearing, accepting and extracting the said Letters of Administration with the said Will annexed, the Judge of our said Court or the Kegistrars of the Principal Eegistry thereof will proceed to grant such Letters of Administration with the said Will annexed to the said C D , your ahsence notwithstanding. Dated the day of , 186 , and in the year of our Eeign. X Y , Eegistrar. Citation. J B Temple. Indorsement to be made after service. This citation was served hy G H on the within-named , of , at , on the day of , 18 . (Signed) G H CITATION AT THE INSTANCE OF EXECUTOE OF CEEDITOE v. SISTEE TO ACCEPT OE EEFUSE ADMINISTRATION. Citation at the In Her MAJESTY'S COURT OF PROBATE. instance of Execntor of Victoria hy the Grace of God of the United Kingdom of Creditor v. . J ° Sister to accept Great Britain and Ireland Queen, Defender of the Faith. To or refuse Ad- tt q n f ministration. • E1 ° > ui Whereas it appears hy an Affidavit of E A , of , in the County of , Gentleman, sworn on the day of , 186 , and filed in the Principal Eegistry of our said Court, that J S , late a Captain in Her Majesty's service on half-pay, unattached, died at , in the County of , on the day of ,18 , intestate, a Bachelor without a Parent, leaving surviving him you, the said H S , Spinster, his natural and lawful Sister and only next of kin, the only person entitled in distribution to his personal estate and effects. And that the said E A is one of the Executors of W B , deceased, who was, whilst living, a Creditor of CITATION BY LEGATEE AGAINST EXECUTOR. 179 the said deceased ; and that the said B A duly proved the "Will of the said W B in the Court of in the month of , 18 , and as such Executor is a Creditor of the said deceased. Now this is to command you, the said , that -within 8 days after service hereof on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Principal Eegistry of our said Court of Probate, and accept or refuse Letters of Administration of the personal estate and effects of the said deceased, or show good and sufficient cause concludent in Law if you have or know any, why such Letters of Administration should not be granted to the said E A , an Executor of the said W B deceased, and as such Executor a Creditor of the said deceased. And take notice that in default of your appearing, accepting and extracting the said Letters of Administration, the Judge of our said Court or the Eegistrars of the Principal Eegistry thereof will proceed to grant and commit the said Letters of Adminis- tration to the said E A , your absence notwithstanding. Dated at London this day of , in the year of our Lord 186 , and in the year of our Eeign. X Y , Eegistrar. Citation. S & S , Lincoln's Inn. Indorsement to be made after service. This Citation was served by G H , on the within- named , of , at , on the day of , 186 . (Signed) G H 24 CITATION AT THE INSTANCE OF A LEGATEE v. EXECUTOB AND EESIDUAEY LEGATEE TO ACCEPT OE BEFUSE PEOBATE OE ADMINIS- TEATION WILL OF COPY WILL— THE OEIGINAL BEING LOST. Lost win. In Her Majesty's Court of Probate. Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. To instance of a 8 C E D ,of , in the County of , Architect ggjj^ and Surveyor. Residuary Whereas it appears by an Affidavit of A B , of , accept or refuse sworn on the " day of ,18 , filed in the Principal Idminuteation Eegistry of our said Court, that L D, late of , in w ^J^ f , Copy the County of , Widow, deceased, died on , having original being made and duly executed her last Will and Testament, bearing lost - date the day of , ,186 , and thereof appointed you, n 2 180 APPENDIX. the said C E I) , sole Executor and Eesiduary Legatee ; and that the said original "Will was at the time of the death of the said deceased in the custody and possession of Messrs. T C .of , in the County of , Solicitors, by whose direction a fair copy of the said Will was afterwards made and carefully collated with the said original "Will, and which copy is now remaining in the Principal Eegistry of our said Court, but that the said original Will has since been lost or so mislaid that the same cannot be found. And whereas it also appears by the said Affidavit that the said F D is a Legatee named in the said Will. Now this is to command you, the said C E D , that within eight days after service hereof on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Principal Eegistry of our said Court, and accept or refuse Probate of the said Will or copy thereof, or Letters of Administration with the Will or copy thereof annexed, of the personal estate and effects of the said deceased if by Law entitled thereto. And take notice that in default of your appearing and accepting and extracting the said Probate or Letters of Administration with Will annexed, the Judge of our said Court or the Eegistrars of the Principal Eegistry thereof will proceed to grant Letters of Administration with the said copy W^ill annexed of the personal estate and effects of the said deceased, limited until the original Will or a more authentic copy shall be brought into and left in the Principal Eegistry of our said Court, or under such other limitations as the Judge or Eegistrars may direct to the said E D , your absence not- withstanding. Dated this day of , 18 , and in the year of our Eeien. Citation. E & M X Y , Eegistrar. Temple. Indorsement to be made after service. This Citation was served by G H , on the within- named , of , at , on the day of ,18 . (Signed) G H OK CITATION BY ASSIGNED GUAEDIAN AGAINST NEXT OF KIN. Citation by In HER Majesty's COURT OF PbOBATE. Guardian Victoria ' by the Grace of God of the United Kingdom of against next of Great Brita ^ and Ireland. Queen, Defender of the Faith. To J E *M , of , in the County of , Yeoman. CITATION BY GUARDIAN AGAINST NEXT OV KIN 181 Whereas it appears by an Affidavit of A W , of - in the County of , Spinster, sworn on the day of , 186 , and filed in the Principal Eegistry of our Court of Pro- bate, that H W , late of , in the County of , Painter ; deceased died on the day of , 186 , having made and duly executed his last Will and Testament, bearing date the day of , 186 , and therein named his Sister, the said A W , sole Executrix and Eesiduary Legatee, and that the said A W is now a minor of the age of 19 years only, and that you, the said J E M , are the lawful maternal Uncle and only next of kin of the said A W . And whereas the said A W has elected S T , of , in the County of , Accountant, to be her Guardian for the purpose of citing the said J E M to show cause why Letters of Administration (with the Will annexed) of all and singular the personal estate and effects of the said H W , deceased, should not be granted to the said S T for the use and benefit of the said A W , and until she shall attain the age of 21 years. And whereas the said S T has been duly assigned Guardian to the said A W , Spinster, for such purpose. JSTow this is to command you, the said JEM, that within eight days after service hereof on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Principal Eegistry of our said Court of Probate, and show good and sufficient cause, if you have or know any, why Letters of Administration (with the said Will annexed) of all and singular the personal estate and effects of the said H W , deceased, should not be granted to the said S T for the use and benefit of the said A W , Spinster, and until she shall attain the age of 21 years. And take notice that in default of your appearing and showing good and sufficient cause, concludent in Law to the contrary, the Judge of our said Court or the Eegistrars of the Principal Eegistry thereof will proceed to grant Letters of Administration (with the Will annexed) of all and singular the personal estate and effects of the said H W , deceased, to the said S T , for the use and benefit of the said A W , Spinster, and until she shall attain the age of 21 years, your absence notwithstanding. Dated the day of , 186 , and in the year of our Eeign. Citation. X Y , Eegistrar. C &S Temple. Indorsement to be made after service. This Citation was served by G H , on the within named , of , at , on the clay of , 18 . (Signed) G H 26 182 APPENDIX. CITATION AT THE INSTANCE OF SISTEK CLAIMING TO BE NEXT OF KIN v. PAETIES CLAIMING TO EE CHILDEEN TO PEOPOUND INTEEEST. Citation at the In HeK MAJESTY'S COURT OP PROBATE. sister claiming Victoria by the Grace of God of the United Kingdom of Mntj n parties Great Britain and Ireland Queen, Defender of the Faith. To claiming to be D B , the Wife of W B , of , in the pouna°interest.' County of , and G C B , of , in the County of Whereas it appears by an Affidavit of G C , of , in the County of , Widow, sworn on the day of , 186 , and filed in the Principal Eegistry of our said Court, that M E C , late of ; deceased died on or about the day of , 186 , at , a Widow and Intestate, leaving you, the said D B and G C B , claiming to be her natural and lawful children, and the said G C , Widow, her natural and lawful sister, and claiming to be one of her next of kin, her surviving. Now this is to com- mand you, the said , that within 8 days after service hereof on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Principal Eegistry of our Court of Probate and propound your interest, if you shall be advised so to do. And take notice that in default of your so doing the Judge of our said Court will proceed to make such grant in respect of the Estate of the said G C as to him shall seem meet, your absence notwithstanding. Dated the day of ,186 , in the year of our Eeign. X Y , Eegistrar. Citation. M T Temple. Indorsement to he made after service. This Citation was served by G H , on the within- named , of , at , on the day of , 18 . (Signed) G H Curiine, 1858. In this case the deceased died a Widow, having survived her a Case in which husband about three weeks ; they had lived separately for nearly ton a waru8e'f ' twont y y ears previously, and this deceased cohabited with another hut it is appiu man and in that interval two children were born. The deceased cable to others. i e f t a gjgter who claimed to be next of kin, and cited these Children, who, although they had in reality made no claim, are stated to be " claiming to be the natural and lawful Children " because they used the name of their Mother and her Husband, and, therefore, inferentially claimed to be their Children. 27 CITATION BY RESIDUARY LEGATEE AGAINST EXECUTOR. 183 CITATION AT THE INSTANCE OF RESIDUARY LEGATEE v. EXECUTOK TO WHOM POWER WAS RESERVED TO ACCEPT OR REFUSE PROBATE. In Her Majesty's Court op Probate. citation at the instance of Victoria by the Grace of God of the United Kingdom of tl B Lteo» y Great Britain and Ireland Queen, Defender of the Faith. To Executor to E G _ ,of , in the County of , Shopkeeper. Z^elZll to Whereas it appears by an Affidavit of J W , of accept or refwse , in the County of , Book-keeper, sworn on the Grant " day of , 186 , and filed in the Principal Registry of our said Court, that J W , late of , in the County of , Yeoman, deceased, died on the day of , 186 , having made and duly executed his last Will and Testament, hearing date the day of , 186 , and thereof appointed P B and you, the said E G , Executors, and did thereby give and bequeath the residue of his personal estate and effects as follows — to wit, one-fourth part thereof unto his son, the said J W , one other fourth part thereof unto the children of his late daughter Ellen, share and share alike, one other fourth part unto his grandson, J R , and the remaining fourth part thereof unto the children of his late daughter Alice, share and share alike. And that on the day of , 186 , Probate of the said Will was granted by the Court of , to the said P B , one of the said Executors, power being reserved to you, the said E G , the .other Executor named in the said Will. And that the said P B for some time intermeddled in the personal estate and effects of the said deceased, and afterwards died, to wit, on the day of ,186 , leaving part thereof unadministered. And that you, the said E G , have not as yet taken upon yourself the Probate and execution of the said Will. And that the said J W intends to apply for Letters of Adminis- tration (with the said Will annexed) of the personal estate and effects of the said deceased left unadministered as aforesaid, to be granted to him as one of the Residuary Legatees named in the said Will. Now this is to command you, the said E G , that within eight days after the service hereof on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Principal Registry of our said Court of Probate, and accept or refuse the Probate and execution of the said Will of the said deceased, other- wise to show good and sufficient cause concludent in Law why Letters of Administration (with the said Will annexed) of the personal estate and effects of the said deceased left unadministered as aforesaid should not be granted to the said J W And take notice that in default of your so doing the Judge of ISA APPENDIX. our said Court, or the Eegistrars of the Principal Registry, will proceed to grant Letters of Administration (with the said Will annexed) of the personal estate and effects of the said deceased left unadministerecl as aforesaid to the said J W , your absence notwithstanding. Dated at London the day of , in the year of our Lord 186 , and in tho year of our Reign. Citation. X Y , Registrar. C S Temple. Indorsement to be mode after service. This Citation was served by G H , on the within- named , of , at , on the day of 18 . (Signed) G H 28 Citation at the instance of Creditors (Co- partners in Trade v. a Jlinor child to accept or refuse Administration — Widow renouncing for herself and two other children. CITATION AT THE INSTANCE OF CREDITORS (CO- PARTNERS IN TRADE) v. A MINOR CHILD TO ACCEPT OR REFUSE ADMINISTRATION : WIDOW RENOUNCING FOR HERSELF AND TWO OTHER CHILDREN. In Her Majesty's Court of Probate. Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. To P J , of , in the County of Whereas it appears by an Affidavit of J H A , of , sworn on the day of ,186 , filed in the Principal Registry of our Court of Probate, that P J , late of , in the County of , Cab Proprietor, deceased, died on or about the day of ,186 , at afore- said, Intestate, leaving E J , Widow, his lawful relict, and M J , Spinster, a minor of the age years only, you the said P J , a minor of the age of years only, and E J , Spinster, an infant of the age of years only, that the said E J , Widow, by an instrument under her hand and seal has duly renounced all her right, title, and interest in and to the Letters of Administration of all and singular the personal estate and effects of the said P J deceased, that the said M J has, by an instrument under her hand and seal, made choice of and elected her Mother and next of kin, the said C J , to be her Curatrix or Guardian for tho purpose of renouncing for her all her right, title, and interest in and to such Letters of Administration ; that the said E J , Widow, has also, as such Guardian, by an instru- ment under her hand and seal, duly renounced for and on behalf of the said M J , and also on behalf of the said infant, CITATION BY CREDITOR AGAINST WIDOW AND FATHER. 185 the said E J , Spinster, all tlieir right, title, and interest in and to such Letters of Administration of the personal estate and effects of the said deceased (such instruments of Election and Renunciation having been respectively duly filed in the Principal Registry of our Court of Probate). And that the said J H A and G J , his Co-partner in trade, are Creditors of the said deceased. Now this is to command you, the said , that within eight days after service hereof on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Principal Registry of our Court of Probate, and accept or refuse Letters of Administration of the personal estate and effects of the said deceased, or show cause, if you have or know any, why such Letters of Administration should not bo granted and committed to the said J H A and G J as Creditors of the said deceased. And take notice that in default of your appearing, accepting, and extracting the said Letters of Administration the Judge of our said Court, or the Registrars of the Principal Registry thereof, will proceed to grant Letters of Administration of all and singular the personal estate and effects of the said deceased to the said J H A and G J , your absence notwithstanding. Dated this day of , in the year of our Lord 186 , and in the year of our Reign. Citation. X Y , Registrar. W T Temple. Indorsement to he made after service. This Citation was served by G H , on the within- named , of , at , on the day of ,18 . (Signed) G H 29 CITATION AT THE INSTANCE OF CREDITOR v. •WIDOW AND FATHER TO ACCEPT OR KEFUSE ADMINISTRATION. In Her Majesty's Court of Probate. Victoria by the Grace of God of the United Kingdom of citation at the Great Britain and Ireland Queen, Defender of the Faith. To g^"™ ° f S C , Widow, and J C , of , in the widow and .-i , a Father to County 01 accept or refass Whereas it appears by an Affidavit of C L , of , in Administration, the County of , Gentleman, sworn on the day of , 186 , and filed in the Principal Registry of our said Court, that G C , late of , in the County of ; deceased died on or about the day of , 186 , at , 186 APPENDIX. aforesaid, Intestate, without a child, leaving surviving him you, the said S C , Widow, his lawful EeHct, and you, the said J C , his natural and lawful Father, together, the only persons entitled in distribution to his personal estate and eifects. And that the said C L is a Creditor of the said deceased. Now this is to command you, the said , that within 8 days after service hereof, inclusive of the day of such service, you do cause an appearance to he entered for you in the Principal Eegistry of our Court of Probate, and accept or refuse Letters of Administration of all and singular the personal estate and effects of the said deceased, or show cause why the said Letters of Administration should not be granted and committed to the said C L . And take notice that in default of your appearing, accepting, and extracting the said Letters of Administration the Judge of our said Court, or the Eegistrars of the Principal Eegistry thereof, will proceed to grant such Letters of Administration to the said C L , your absence notwithstanding. Dated at London the day of ,186 , and in the year of our Eeign. X Y , Eegistrar. Citation. E C Temple. Indorsement to be made after service. This Citation was served by G H , on the within- named , of , at , on the day of ,18 . (Signed) G H 30 Citation against the Husband by a Creditor of the Estate. CITATION AGAINST THE HUSBAND BY A CEEDITOE OF THE ESTATE. In Her Majesty's Court of Probate. Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. To J D , of , in the county of Whereas it appears by an Affidavit of G W , of , sworn on the day of ,186 , and filed in the Principal Eegistry of our Court of Probate, that S D , Wife of J D , formerly S B , Widow, late of , aforesaid died on the day of 186 , Intestate, leaving surviving her you, the said 1 D , her lawful Husband. And whereas it further appears by the said Affidavit that the said G W is a Creditor of the estate of the said deceased. Now this is to command you, the said J D , that within eight days after service hereof on you, inclusive of the day of CITATION AGAINST NEXT OF KIN, ETC. 187 such service, you do cause an appearance to be entered for you in the Principal Eegistry of our Court of Probate, and accept or refuse Letters of Administration of all and singular the personal estate and effects of the said deceased, or show cause if you have or know any why the same should not be granted to the said G W as a Creditor of the Estate of the said deceased. And take notice that in default of your so appearing and accept- ing and extracting the said Letters of Administration the Judge of our said Court, or the Registrars of the Principal Eegistry thereof, will proceed to grant the said Letters of Administration of all and singular the personal estate and effects of the said deceased to the said G W , your absence notwithstanding. Dated this day of ,186 , and in the year of our Eeign. Citation to accept or refuse ) i. / C & Co., Solicitors, Temple. Indorsement to be made after service. This Citation was served by G H , on the within- named , of , at , on the day of , 18 . (Signed) G H Letters of Administration. ' X Y -Registrar. CITATION AGAINST THE NEXT OF KIN (IF ANY) AND ALL PEESONS IN GENEEAL. gj In Her Majesty's Court op Probate. Victoria by the Grace of God of the United Kingdom of Citation Great Britain and Ireland Queen, Defender of the Faith. To ^(ifa^)! of the next of kin, if any, and all other persons in general, having and an Persons or pretending to have any interest in the personal estate and m g effects of A B , late of , deceased. Whereas it appears by an Affidavit of C D , of , sworn on the day of , 18 , and filed in the Principal Eegistry of our Court of Probate, that A B , late of ; deceased died on the day of ,18 , at , intestate, a bachelor without parent, brother or Sister, uncle or aunt, nephew or niece, cousin german or any other known relative, and that the said C D is a creditor of the said deceased. Now this is to command you, the next of kin (if any), and all persons in general, that within thirty days after service hereof on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Principal Eegistry of our Court of Probate and accept or refuse Letters of Adminis- tration of the personal estate and effects of the said A B , deceased, or show cause why the same should not be granted to 188 APrENDIX. the said C D , as a Creditor of the said deceased. And take notice that in default of your so appearing and accepting and extracting the said Letters of Administration the Judge of our said Court, or the Eegistrars of the Principal Registry thereof, will proceed to grant Letters of Administration of the personal estate and effects of the said deceased to the said C D , your absence notwithstanding. Dated the day of , in the year 18 , and in the year of our Reign. X Y , Registrar. Citation. E F Solicitor, Temple. Indorsement to he made after service. This Citation was served by G H , on the within- named , of , at , on the , day of , 18 . (Signed) G H 32 CITATION TO EXHIBIT INVENTORY AND ACCOUNT. In Her Majesty's Court of Probate. Citation to ex. Victoeia by the Grace of God of the United Kingdom of ondA I c n oIuir y Great Britain and Ireland Queen, Defender of the Faith. To A B , of "Whereas it appears by an Affidavit of C D , of , sworn on the day of , 18 , and filed in the Principal Registry of our Court of Probate, that on the day of ,18 , Letters of Administration of the personal estate and effects of E B , late of , deceased, were granted by our said Court to the said A B , the lawful widow and relict of the said deceased. And whereas it further appears by the said Affidavit that the said C D is a Creditor of the said deceased. Now this is to command you the said A B , that within eight days after service hereof on you, inclusive of the day of such service, you do cause an appear- ance to be entered for you in the Principal Registry of our Court of Probate, and by virtue of your corporal oath exhibit, bring into, and leave in the Principal Registry of our said. Court a true and perfect inventory of all and singular the personal estate and effects of the said deceased which have CITATION BY ADMINISTRATRIX AGAINST LEGATEE, ETC. 189 at any time since his death come to your hands, possession, or knowledge, and by virtue of your like oath render a just and true account of your administration thereof. Dated this day of ,186 , and in the year of our Reign. Citation. X Y , Registrar. W E Temple. Indorsement to he made after service. This Citation was served by G H , on the within- named , of , at , on the day of , 18 . (Signed) G H CITATION AT THE INSTANCE OF ADMINISTRATRIX 33 OF SON v. THE SURVIVING EXECUTOR AND RESIDUARY LEGATEE FOR LIFE IN CASE OF SON'S DEATH TO PROPOUND A COPY OF A COPY OF A WILL. In Her Majesty's Court op Probate. Victoria by the Grace of God of the United Kingdom of Citation to pro- Great Britain and Ireland Queen, Defender of the Faith. To a°copy C of P wiii f E M , of Whereas it appears by the joint Affidavit of E S , of , Widow, and W W , of , Gentleman, sworn on the day of , and filed in the Principal Registry of our Court of Probate, that M H , late of , Widow, deceased died on ,18 , having made her last Will and Testament, bearing date the day of ,18 , and thereof appointed the Rev. R D and G M Executors, and E N Residuary Legatee for life in case of the death of her son, T H , that no Probate or Letters of Administration of the said Will hath or have been obtained, and the said G M , is since deceased, and that it is not known where the said R D is to be found. And it further appears that the original Will is so lost or mislaid that the same cannot now be found, but that a Copy thereof was discovered which is also so lost or mislaid that the same cannot now be found, but of which Copy a Copy was made which is now remaining in the Principal Registry of our Court of Probate ; that an Advertisement has been inserted in a news- paper called the Durham Advertiser, of the day of , 18 , for such original Will but no answer has been received to such Advertisement ; and that the said deceased left her sur- viving the said T H , her natural and lawful child and only next of kin, and that the said T H has since 190 APPENDIX. departed this life, having made his last Will and Testament, dated the day of ,18 , without having therein named any Executor, hut thereof appointed E S , one of his Residuary Legatees, who, on the day of ,18 , duly ohtained Letters of Administration with the Will annexed of the said T H , deceased, to he granted to her hy the authority of the Prerogative Court of Canterbury. Now this is to command you the said that within days after service hereof on you, inclusive of the day of such service, you do cause an appearance to he entered for you in the Principal Registry of our said Court of Probate and propound the said Copy, if you shall think it for your interest so to do. And take notice that in default of your so doing the Judge of our said Court will proceed herein according to Law, your absence notwithstanding. Dated at London this day of , 18 , and in the year of our Reign. X Y , Registrar. Citation. W E , Temple. Indorsement to be made after service. This Citation was served by G H , on the within- named , of , at , on the day of , 18 . (Signed) G H 34 CITATION TO ACCEPT OR REFUSE ADMINISTRA- TION OR SHOW CAUSE WHY LIMITED ADMIN- ISTRATION" SHOULD NOT BE GRANTED. In Her Majesty's Court of Probate. Citation to ao Victoria by the Grace of God of the United Kingdom of Aamm^atrationt Great Britain and Ireland Queen, Defender of the Faith. To why" MMS H T L ' 0f , Widow. ministration Whereas it appears by an Affidavit of M S , of , IraMed? " 8 Widow, sworn on the day of , 18 , and filed in the Principal Registry of our Court of Probate, that W M , late of , deceased, by his Will dated the 12th day of November, 1811, With a Codicil thereto (amongst other things) gave and bequeathed the residue of his personal estate and effects unto his Nephew, W M , and B D upon trust as to his sliare in the Bath Fire Office, subject to the life interest therein of his Brother, M M , andofE M , wife of his Nephew M M (since respectively deceased), and in case the said E M should not have any son living at her death to transfer and assign the said share unto his, the said Testator's CITATION TO ACCEPT OR REFUSE ADMINISTRATION, ETC. 191 Nephews G M and the said W M in equal shares absolutely. And he thereby appointed the said W M and B D Executors, who duly proved the said Will and Codicil in the Prerogative Court of Canterbury, in the month of August, 1812, and afterwards respectively died, and that Letters of Administration with the Will annexed of the personal estate and effects of the said deceased, left unadministered by the said W M and B D were, to wit, in the month of October, 1827, granted by authority of the said Prero- gative Court of Canterbury to the said E M , the Residuary Legatee for life named in the said Will. And whereas it appears by the said Affidavit that the share of the said W M , deceased, in the Bath Eire Office was afterwards converted into money, and the money arising therefrom, amounting to the sum of £500, was paid to the said E M as the Administratrix, with the Will annexed of the unadministered personal estate and effects of the said deceased, by whom the same was laid out and invested in the purchase of £516 6s. 8d. Three per cent. Con- solidated Annuities in the name of the said E M , W H , and C E . And whereas it appears by the said Affidavit that the said W H and C E respectively died in the lifetime of the said E M . And that the said E M died a Widow and Intestate on the 23rd day of July, 1858, leaving no Son her surviving. And that you the said H L are her natural, and lawful, and only child, and the only person entitled to her personal estate and effects. And that Letters of Administration of the personal estate and effects of the said deceased have not as yet been granted to any person whomsoever, so that there is not any personal represen- tative of her competent to assign and transfer the said sum of £516 6s. 8d. Three per Cent Consolidated Annuities which is still standing in the name of the said deceased, as survivor in a joint account with the said W H and C E in the books kept at the Bank of England. And whereas it appears by the said Affidavit that the said G M , the Nephew of the said W M , deceased, survived him, and together with the said W M became the sole persons beneficially interested in the share of the said W M in the Bath Fire Office, subject to the life interest therein of the said M M and E M . And that the said G M hath since died intestate. And that the said M S widow, is the Administratrix by authority of the Prerogative Court of Canterbury of the personal estate and effects of the said G M , deceased. And that the said W M , also deceased, made and duly executed his last Will and Testa- ment and thereof appointed his Wife M M sole executrix and Residuary Legatee, who duly proved the same in the month 1 Appendix. of , 1821, in the said Prerogative Court of Canterbury, and hath since died a Widow, and Intestate, leaving M D , Widow, E W , Widow, and J J , wife of C G J , her natural, and lawful, and only children, the only persons entitled to her personal estate and effects who have in and by an iustrument under their respective hands and seals, and also under the hand and seal of the said C G J , bearing date the day of 1858, and filed in the Principal Registry of our said Court, consented that Letters of Adminis- tration of the personal estate and effects of the said E M ', deceased, under the limitations hereinafter mentioned should be granted and committed to the said M S . Now this is to com- mand you, the said , that within 8 days after service hereof on you, inclusive of the day of such service, you do cause an appear- ance to be entered for you in the Principal Registry of our said Court, and accept or refuse Letters of Administration of all and singular the personal estate and effects of the said E M , deceased, or otherwise show cause why Letters of Administration of the personal estate and effects of the said deceased, limited to the said sum of £516 6s. 8d. Three per cent. Consolidated Annuities, standing in the name of the said deceased as afore- said, and the dividends and interest which may hereafter become payable in respect of the same, but no further or other- wise should not be granted to the said M S . And take notice that in default of your so appearing, accepting and extracting the said Letters of Administration the Judge of our said Court, or the Registrars of the Principal Registry thereof, will proceed to grant and commit Letters of Administration of the personal estate and effects of the said E M , deceased, under the limitations aforesaid or under such other limitations as to the Judge or Registrars shall seem meet to the said M S , your absence notwithstanding. Dated this day of , 18 , in. the year of our Reign. X Y , Registrar. Citation. W E Temple. Indorsement to he made after service. This Citation was served by G H , on the within- named , of , at , on the day of , 18 . (Signed) G. H. CITATION TO SEE WILL PROVED, ETC. 193 CITATION TO SEE WILL PEOVED IN" SOLEMN FORM QK VOLUNTARILY PROPOUNDED AFTER HAVING BEEN PROVED IN COMMON FORM. In Her Majesty's Court of Probate. Victoria by the Grace of God of the United Kingdom of „., .. . (jrreat Jbritam and Ireland Queen, Defender of the Faith. To wm proved in J C ,of , Widow, C L C ,of ,:&*££ Esquire, J C T , of , Esquire, E C , been proved in Wife of C P ,of .Merchant, L J F , common form - Wife of the Reverend M F , of , Clerk, M A B , Wife of W B , of , Gentleman, and H C T , of , Spinster. Whereas it appears by the joint Affidavit of S B , of , Esquire, and S M D , of , Esquire, sworn by them severally on the day of ,186 , and which Affidavit is filed in the Principal Registry of our Court of Probate, that T B C , late of , Esquire, deceased died on the day of , 185 , having first made and duly executed his last Will and Testament, bearing date at the commencement thereof the 26th day of July, 1858, and at the end thereof the 27th day of July, 1858, with a Codicil thereto bearing date the 9th day of August, 1858, and thereof appointed the said S B and S M D Executors, and that Probate in common form of the said Will and Codicil was granted to the said S B and S M D , on the day of , 1858, by Her Majesty's Court of Probate, and which Probate now remains in the Principal Registry of our said Court. And whereas it further appears by the said Affidavit that the said deceased died without Child, leaving you the said J C his lawful Widow and Relict, and you the said C L C ,J C T ,E C L J F ,MA B ,andH C T his lawful Nephews and Nieces and only next of kin, and the only persons entitled in distribution to his personal estate and effects, him surviving. And whereas the said S B and S M D , as such Executors of the said T B C , deceased, intend to prove in solemn form of Law as well the said last Will and Testament of the said deceased, as also the said Codicil thereto. Now this is to command you the said J C ,C L C ,J C T ,E C , L J F , M A B , and H C T that within days after service on you respectively, inclusive of the day of such service, you do cause an appearance to be entered for you in the Principal Registry of our 'Court of Probate in support of any interest you may have in the estate and effects of the said deceased. And take notice that in default o 194 APPENDIX. of your so doing the Judge of our said Court will proceed to hear the said Will and Codicil proved in solemn form of Law, and to pronounce sentence in regard to the validity of the same, your absence notwithstanding. Dated this day of , One thousand eight hundred and , and in the year of our Eeign. X Y , Eegistrar. Citation to see Will propounded. J C Old Jewry, London. Indorsement to oe made after service. This Citation was served by G H , on the within- named , of , at , on the day of , 18 . (Signed) G H Qfi CITATION TO SEE DRAFT OE DESTBOYED WILL PEOVED IN SOLEMN FOKM. In Her Majesty's Court op Probate. Citation to see Victoria by the Grace of God of the United Kingdom of ed af win d provJa Great Britain and Ireland Queen, Defender of the Faith. To In solemn form. A S , Wife of G S , of , and T W , of Whereas it appears by an Affidavit of M W , of , Widow, sworn on the day of , 185 , and filed in the Principal Eegistry of our Court of Probate, that J W , late of , made and duly executed his last Will and Testa- ment in writing, dated the day of , 1 85 , and thereof appointed the said M W sole executrix, and that the said Will was afterwards inadvertently destroyed by the said deceased by his throwing the same into a fire, together with some valuable securities for money, but without any intention to revoke the same, and that the original Draft of the said Will was until lately in the possession of S C V , the Solicitor who prepared the same for the said deceased, and that the said M W intends to prove in solemn form the said Draft of the said last Will and Testament of the said deceased, bearing date the day of ,185 , as aforesaid, which Draft Will is now remaining in the Principal Eegistry of our said Court ; and it also appears by the said Affidavit that you the said A S and F W , together with the said M W , are the only persons entitled in distribution to the personal estate and effects of the said deceased in case he be pronounced to have died intestate. Now this is to command you, the said CASES OF CITATION. 195 that within days after service hereof on you, inclusive of the day of such service, you do cause an appearance to. he entered for you in the Principal Eegistry of our said Court of Probate in support of any interest you may have in the personal estate and effects of the said deceased. And take notice that in default of your so doing the Judge of our said Court will proceed to hear the said Draft of the said last "Will and Testament of the said deceased proved in solemn form of Law, and to pronounce sentence in regard to the validity of the same, your absence notwithstanding. Dated this day of 18 , and in the year of our Reign. X Y , Registrar. Citation. F &L Bloomsbury Square. Indorsement to be made after service. This Citation was served by G H , on the within- named , of at , on the day of , 18 . (Signed) G H THE FOLLOWING CASES SHOW EVERY 37 VARIETY OF CITATION WHICH ISSUED FROM THE PREROGATIVE COURT DURING THREE YEARS. They show the parties Cited to accept or refuse Grants ; Citations against persons who intermeddled in the Goods of the deceased ; the parties to Causes commenced by Citation, and the parties who have been Cited to bring in Inventory and Account. Citations are not now used to enforce the bringing in of Wills, nor " to see portions allotted and distribution made." In other respects these might be notes of cases in the Probate Court, and they are inserted in the belief that they will tend to make the young practitioner better acquainted with the interests of parties and the nature of Citations— these being now the "same as in the Prerogative Court. CITATIONS TO ACCEPT OR REFUSE GRANTS. Nominee in Chancery v. Executoks and Others. SonSa™nd S ' A business of citing the surviving Executors (to whom power Governorof Greenwich Hos- had been reserved in the Grant of Probate)-, the Residuary pitai «. water _ c> house. Way L 1827. 196 APPENDIX. Legatees in Trust, and the absolute Residuary Legatees to accept or refuse Probate of the Will of the deceased, or Letters of Administration de bonis non, or to show cause why Administra- tion (limited to substantiate proceedings in Chancery) should not be granted to a Nominee. CEEDITOE v. WIDOW AND CHILD. Vincent v. God. A business of citing the Widow and Child of the deceased to June 1827. accept or refuse Letters of Administration, or show cause why the same should not be granted to a Creditor. CEEDITOE v. NEXT OF KIN: A -business of citing the next of kin to accept or refuse Letters of Administration, or show cause why the same should not be granted to a Creditor. EESIDUAEY LEGATEE v. EXECUTOES. Clark v. Harris Citing the Executors named in the Will of the deceased to and another. ° 1 November 1827. accept or refuse Probate thereof, or show cause why Letters oi Administration with the said Will annexed should not be granted to the Eesiduary Legatee therein named. SUBSTITUTED EESIDUAEY LEGATEES v. EESIDUAEY LEGATEE FOE LIFE. Citing the Eesiduary Legatee for life to accept or refuse Letters of Administration with Will annexed, or show cause why the same should not be granted to one of the substituted Eesiduary Legatees therein named. How v. How and others, July 1827. Crostwaite v. Crostwaite, December 1827. NOMINEE IN CHANCEEY v. NEXT OF KIN. Citing the next of kin to accept or refuse Letters of Adminis- tration of the Goods of the deceased, or show cause why the same (limited to substantiate proceedings in Chancery) should not be granted to a Nominee. LEGATEE v. NEXT OF KIN. Citing the next of kin to accept or refuse Administration with the Will annexed of the Goods of the deceased, or show cause why the same should not be granted to the sole Legatee named in the said Will, no Executor or Eesiduary Legatee being named therein. PAETY IN DISTEIBUTION v. NEXT OF KIN. Ford v. Ford, Citing the next of kin to accept or refuse Letters of Adniinis- February, 1828. trat i ori f the Goods of the deceased, or to show cause why the same should not be granted to a Party entitled in Distribution. Lee v. Brutton and others, January, 1b28. Hill v. Cunninghams, January, 1828. CASES OF CITATION. 197 CEEDITOE v. NEXT OF KIN. Citing the next of kin to accept or refuse Letters of Adminis- Hartley «. tration of the Goods of the deceased, or show cause why the ar^isls"'" 1 " same should not he granted to a Creditor. LEGATEE v. EXECUTOES. Citing the Executors named in the Will of the deceased to p weii v. Buck- bring in the said Will and accept Letters of Administration with i-pgham and the same annexed, promoted by the Husband of the deceased a 1828. ' Legatee therein named. EEPEESENTATIVE OF CEEDITOE v. EXECUTOES. Citing the Executors named in the Will of the deceased, and woodcock ». also the Eepresentatives of the Eesiduary Legatee therein named Clarke and OtflSrS JllllB to accept or refuse Probate of the said Will or Letters of Admin- 1828. ' istration with the same annexed, or show cause why Letters of Administration with the said Will annexed should not be granted to the Eepresentative of a Creditor. NOMINEE OF CEEDITOES v. EXECUTEIX. Citing the Executrix named in the Will of the deceased to Kerr « : The accept or refuse Probate thereof, or show cause why Letters of HaJtlng^Tune, Administration (limited to substantiate proceedings in Chancery) 182s - should not be granted to a Nominee, promoted by Creditors. CEEDITOE v. PAETIES IN DISTRIBUTION. Citing the Parties entitled in distribution to accept or refuse Godson ». Gill Letters of Administration of the Goods of the deceased, or show septemb r8 'i82s cause why the same should not be granted to a Creditor. CEEDITOE v. EESIDUAEY LEGATEE. Citing the Eesiduary Legatee named in the Will of the Moore v. deceased to accept or refuse Letters of Administration with the Sarrazm, said Will annexed, or show cause why the same should not be granted to a Creditor. EESIDUAEY LEGATEE ». EXECUTOR Citing the Executor named in the Will of the deceased to DeaT1 „ bring in the said Will and accept or refuse Probate thereof, or Davidson, show cause why Letters of Administration with the same annexed anuar y> 1829 - should not be granted to one of the Eesiduary Legatees therein named. NOMINEE IN CHANCEEY v. EEPEESENTATIVES OF EXECUTOE. Citing the Eepresentatives of the Executor of the Will of the The King of the deceased to accept or refuse Letters of Administration with the Netherlands v. Will annexed of the uuadministered Goods of the said deceased, othefs^ gor a " or show cause why the same (limited to substantiate proceedings JaiHiar y. 1829. in Chancery) should not be granted to a Nominee. 198 APPENDIX. Jourrtain v. .Tourdain, May Blake and others v. Bean and others, August, 1829. SUBSTITUTED RESIDUARY LEGATEE v. EXECUTOR. Citing the Executor named in the Will of the deceased to accept or refuse Probate of the said Will, or show cause why Letters of Administration with the same annexed should not be granted to the substituted Residuary Legatee. NOMINEE OF CREDITORS v. NEXT OF KIN. Citing the next of kin of the deceased to accept or refuse Letters of Administration, or show cause why the same (limited to the interest to be derived from a certain Policy of Insurance) should not be granted to a Nominee, promoted by Creditors of the deceased's estate. CITATIONS AGAINST PARTIES WHO INTERMEDDLED IN THE GOODS OF THE DECEASED. LEGATEE v. EXECUTORS. Citing the Executors (who had intermeddled in the Goods of the deceased) to bring in his Will and accept Probate thereof, November, 1827. p romo ted by a Legatee named in the said Will. LEGATEES v. ONE OF EXECUTORS. L th" 8 an( T ■ Citing one of the Executors named in the Will of the deceased, July, is28 ' who had intermeddled in his Goods, to bring in the said Will and take upon him the Probate thereof, promoted by the Legatees named in the said Will. Taylor v. Rickman and Moline, CITATIONS IN CONTENTIOUS BUSI- NESS WHICH ISSUED FROM THE PREROGATIVE COURT. EXECUTRIX v. LEGATEE UNDER CODICIL. Citing a Legatee under a Codicil to propound the said Codicil or show cause why Probate of the Will alone should not be granted to the Executrix named in the said Will. EXECUTORS v. EXECUTRIX & UNIVERSAL LEGATEE. Mauie v. Young Citing the Executrix and Universal Legatee named in a Will, March°i827. dated in 1826, to bring in and propound the same, or to show cause why Probate of a Will, dated in 1825, granted to the Executors therein named should not be confirmed. Faggu Faepr, January, 1827 CASES OF CITATION'. 199 EXECUTOES v. LEGATEES UNDER CODICIL. Citing the Legatees under a Codicil to propound the same, or Jameson v. show cause why Probate of the Will alone should not he con- Mareh'iM?. firmed, promoted by the Executors of the Will. EESIDUAEY LEGATEES v. EXECUTOES. Citing the Executors of the Will of the deceased of which Brown v. Green they had obtained Probate to bring in Probate, and show cause uay.xw 1 .' why the same should not be revoked and the said Will declared invalid, and why Letters of Administration, with a Will without date annexed, should not be granted to the Eesiduary Legatee therein named. LEGATEE v. EXECUTOE. Citing the Executor to bring in the Probate of the Will and Mackenzie v. Codicil of the deceased granted to him, and show cause why the M a y) lswf ' said Probate should not be revoked, and the said Codicil declared invalid ; and why Probate of the Will alone should not be granted to him, promoted by a Legatee under the Will whose Legacy was revoked by the said Codicil. REPRESENTATIVE OF LEGATEE v. NEXT OF KIN. Citing the next of kin of the deceased who, under the impres- Roles o.jtbuuws sion that the deceased died intestate, had obtained Letters f Ma> ' 1327 ' Administration, to bring in the said Letters of Administration and show cause why the same .should not he revoked, and also to see the Will propounded — promoted by the Representative of a Principal Legatee named in the said Will. EXECUTRIX v. NEXT OF KIN Citing one of the next of kin to whom Letters of Administra- ciiattertou ». tion had been granted to bring in the said Letters of Administra- ja ne °ie27 tion and show cause why the same should not be revoked as having been unduly obtained, and why Probate of certain Papers as together containing the Will of the deceased should not be granted to the Executrix therein named. LEGATEE IN A CODICIL v. EXECUTRIX. Citing the Executrix to whom Probate of the Will of the Cropiey v. deceased had been granted to accept Probate of a Codicil thereto i££™* July or show cause to the contrary — promoted by a Legatee named in the said Codicil. RESIDUARY LEGATEE v. NEXT OF KIN. Citing the next of kin to show cause why Letters of Admhiis- |]J™™ *• tration with the Will annexed (as contained in a Paper prepared August, 1827. after the deceased's death, from verbal instructions previously given by him) shoidd not be granted to the Residuary Legatee therein named. 200 APPENDIX. MINORS v. NEXT OF KIN. Trowse v. Willsher and Semple, August, 1827. King v. Neely and Naely Citing three of the next of kin to show cause why Administra- tion should not be granted to the Guardian of two other of the next of kin who were Minors, until they should attain their majority. NEXT OF KIN v. NEXT OE KIN. Citing one of the next of kin to bring in the Letters of September',1827. Administration granted to her and shew cause why the same should not be revoked as having been surreptitiously obtained and why Letters of Administration should not be granted to another of the next of kin. EXECUTOES v. LEGATEES UNDEE CODICILS. ciarkson, n *' Citing the Legatees under certain Codicils to show cause why November, 1827. Probate of the "Will and one Codicil only should not be granted to the Executors therein named. EXECUTOES v. TTNIVEESAL LEGATEE. Mackenzie v. Citing the Universal Legatee named in a Will of the deceased Wall November, 1827. to show cause why the Letters of Administration with the said Will annexed granted to her, should not be revoked as having been unduly obtained, and why Probate of another Will should not be granted to the executors thereof. RESIDUARY LEGATEE v. PAETIES IN DISTRIBUTION. Maniey, v. Citing the parties entitled in distribution to see the Will of otbers, the deceased propounded and other acts done, promoted by the November, 1827. Residuary Legatee named in the said Will. EXECUTOES v. NEXT OF KIN. Citing the next of kin of the deceased to see an unfinished paper propounded, and other acts done, promoted by the Execu- tors therein named. EEPEESENTATIVE OF SURVIVING EXECUTOR v. NEXT OF KIN. Citing the next of kin and the Legatees named in a Will which had been cancelled to see the Will of the deceased (already proved in common form) propounded, and other acts done, pro- moted by the representative of the surviving Executor named in the said Will. EXECUTORS v, LEGATEES. Citing certain Legatees whose interests were affected by pencil alterations made by the Testator in his Will, and all persons in general to see the said Will propounded, and other ac's done, promoted by the Executors named in the said Will. Druce v. Farwig December, 1827. Cooper v. Devriemic, January, 1828. Edwards and Edwards v. Astley and others, and Illid Nicholl, H.M.P.G., Esq., in special and others in general. CASES OF CITATION. 201 EEPEESENTATIVE OF COUSIN v. NOMINEE OF HIS MAJESTY. Citing the Nominee of His Majesty to bring in the Letters of Campbell ». Administration, granted to him under the suggestion that the o^isMaj™ty,° deceased died without any relative, and to show cause why the Fe » ru ary, 1828. same should not be revoked, and why Administration should not be granted to the representative of a Cousin of the deceased. EXECUTEIX v. LEGATEES. Citing the Legatees named in an imperfect paper to bring in Dimsinoreand and propound the same or show cause why Probate of the Will nor and'ottera," alone should not be granted to the Executrix therein named. February 1828. EXECUTOES v. PEESONS PEEJUDICED BY UNFINISHED PAPEES. Citing certain persons whose interests were prejudiced by un- Brindiey and finished papers to see the same propounded as Codicils to the ^1™ "and Will of the deceased, and other acts done, promoted by the others, Executors of the said WiU. February, 1828. LEGATEE v. EXECUTEIX. Citing the Executrix who had obtained Probate of the Will of Lake v. Lake the deceased, to bring in a Codicil thereto, and accept Probate of Febrna erB i828 the same, promoted by a Legatee named in the said Codicil. EXECUTOES v. EXECUTEIX. Citing the Executrix of the Will of the deceased (who was Draper . Hitch under coverture, and had made her Will in virtue of the powers Febraary, S i828. vested in her by the second Codicil to the Will of her mother) to bring in the Letters of Administration with the Will annexed granted to her, and show cause why the same should not be re- voked and why Probate of the said will, limited to the effects of which the said deceased had power to dispose under the said Codicil should not be granted to her, and also of citing other persons who, under a certain Settlement, would have been entitled to the property of which the deceased disposed, if she had died intestate, to see a Will of an earlier date propounded, and other acts done, promoted by the Executors named in the said will. CEEDITOE v. NOMINEE OF CEETAIN PEESONS. Oitins the Nominee of certain persons (who had obtained skeffington v. w o t -j -i j • j. i> -x-u White. March, Letters of Administration limited to assign a term ot years, with- 1828 . out the representative of the next of kin having been cited) to brino- in the said Letters of Administration, and show cause why°the same should not be revoked, as having been unduly obtained, and why Letters of Administration, da bonis non, 202 APPENDIX. should not be granted to the aforesaid representative of the next of kin, who formerly had renounced their right to Letters of Administration, in order that the same might be granted to a creditor. NEXT OF KIN v. EXECUTOES AND LEGATEES. Katon v. TSaton, Citing the Executors and the Legatees named in the Will of April, 1828.' the deceased to bring in and propound the said Will or show cause why Letters of Administration should not be granted to the next of kin. EESIDUAEY LEGATEES v. NEXT OE KIN. snow and snow Citing the Next of Kin of the deceased to see the Will pro- v. snow and pounded, and other acts done, promoted by the Eesiduary is28. rs ' Un6 ' Legatees named in the said Will. EXECUTOES v. EXECUTOES. Masterman v. Citing the Executors who had obtained Probate of the Will others, June, and two Codicils thereto, to bring in the said Probate and show 182s - cause why the same should not be revoked, and why Probate of the said Will and Codicils, together with certain Bonds, and an unexecuted Will should not be granted to the Executors therein named, as containing together the Will of the deceased. ^5yfw«" nl * r UNIVEESAL LEGATEE v. EEPEESENTATIVE OF EXECUTEIX. Citing the Eepresentative of the Executrix of a Will of the deceased, and of which she had obtained Probate, to bring in the said Probate and show cause why the same should not be re- voked, and Letters of Administration with another Will annexed should not be granted to the Universal Legatee therein named. EXECUTEIX v. NEXT OF KIN. Wootten v. Citing the next of kin of the deceased to see an incomplete wootten, paper propounded, and other acts done, promoted by the Execu- September.ms. ^ r j x name( j i n the same paper, PAETY IN DISTEIEUTION v. EXECUTOE. Eiaridgeu. Citing the Executor of the Will of the deceased to bring in eeptemberlisa. tne Probate thereof, and prove the same in solemn form, promoted by a Party entitled in Distribution. EXECUTOES v. PAETIES INTEEESTED IN EESIDUE. Ravenscroft, Citing certain parties who were interested in the Eesidue of November, 182S. the deceased's Estate, and whose interests were affected by altera- tions made after the execution of the Will, to propound the said Will with such alterations, or show cause why Probate thereof should not be granted as it originally stood. CASES OF CITATION. 203 WIDOW v. ALLEGED CEEDITOE. Citing a party to whom Letters of Administration had been Ferman v. granted, under the suggestion of his being a Creditor of the November, isss. Estate of the deceased, to bring in the said Letters of Adminis- tration, and show cause why the same should not be revoked, as having been unduly obtained, and why Letters of Administration should not be granted to the Widow of the said deceased. PEESONS BENEFITED BY CODICIL v. EXECUTOE OE WILL. Citing the Executors of the Will of the deceased, who had Jones&Atiiun obtained Probate thereof, to accept Probate of a Codicil to the January, isas>. ' said Will, promoted by certain persons who were benefited by the said Codicil. EESIDUAEY LEGATEE v. EXECUTOES. Citing the Executors of the Will of the deceased to whom Pearson v. Probate of the said Will and two Codicils had been granted, to S*™ and bring in the said Probate and show cause why the same should May, was. not be revoked and the second Codicil declared invalid, and why Probate of the said Will and first Codicil only should not be granted to them, promoted by the Eesiduary Legatee named in the said Will. EXECUTOES v. EXECUTOE. Citing one of the Executors to bring in the Probate of the Harrison «. Will of the deceased, and show cause why the same should not §££"1829. be revoked, and why Probate of the said Will (without certain alterations made therein) should not be granted anew to the Executors named in the said Will. EXECUTOES v. LEGATEES UNDEE CODICIL. Citing the Legatees under a Codicil to propound the said Biackweii and Codicil or show cause why Probate of the Will alone should not K°&Pune'J,' be granted to the Executors therein named. June, is ;9. EXECUTOE v. EXECUTOES. Citing two of the Executors of the Will of the deceased to Dickson ». bring in the Probate of the said Will and show cause why the ly™y° n and same should not be revoked, and why Probate of the said Will, I™, "a. together with two unexecuted papers as forming part thereof, should not be granted to the Executors named in the said Will, promoted by the other Executor. EXECUTOE v. LEGATEE UNDEE SECOND CODICIL. Citing the Legatee under the second Codicil to the Will of Headington ». the deceased to propound the said Codicil or to show cause why jni y °7S. Probate of the Will and one Codicil should not be granted to the Executor therein named. 204 APPENDIX. NOMINEE TO ASSIGN A TEEM v. EXECUTEIX. Hamm ana Citing the Executrix of the Will of the deceased to bring in the July, 1829. said Will and accept Probate thereof, or to show cause why Letters of Administration of the unadministered goods of a certain person (whose Eepresentative she would have become by proving the said Will) limited to assign a term of years, should not be granted to a Nominee. UNIYEESAL LEGATEES v. BANKEUPT NEXT OF KIN. Knight and Citing one of the next of kin (a Bankrupt) and his Assignee Knight ana to see ^ e "Will of the deceased propounded, and other acts West, done, promoted by the Universal Legatees named in the said November, 1829. -tt7-|i * ° PAETY AFFECTED BY CODICIL v. EXECUTOES. Pattenden by Citing the Executors named in the Will of the deceased to ! e ak« * Bateer"' b]iow caus6 ^ Probate of tlie said Will, together with an November, 1829. unexecuted paper purporting to be a Codicil thereto, should not be granted to them, promoted by a Party whose interest was affected by the said Codicil. CITATIONS FOR INVENTORY AND ACCOUNT WHICH ISSUED FROM THE PREROGATIVE COURT. CEEDITOE v. ADMINISTRATED. Roberts v. Citing the Administratrix of the goods of the deceased to exhibit January, 1827. an Inventory and an Account promoted by a Creditor. EESIDUAEY LEGATEE v. EXECUTOES. Francis v. Floss Citing the Executors of the Will of the deceased to exhibit February,' 1827. arL Inventory, and an Account promoted by the Eesiduary Legatee named in the said Will. EESIDUAEY LEGATEES v. EESIDUAEY LEGATEE. Snuggs and Citing one of the Eesiduary Legatees named in the Will of the am 8 ™ *' deceased who had obtained Letters of Administration with the February, 1827. said Will annexed to exhibit an Inventory and an Account, promoted by four other of the Eesiduary Legatees therein named. EESIDUAEY LEGATEES v. EXECUTOES. Headden v. Citing the Executors of the Will of the deceased to exhibit an Emmett and Inventory and an Account, promoted by one of the Eesiduary February, 1827. Legatees named in the said Will. OASES OF CITATION 205 ASSIGNEE OF SON (A BANKEUPT) v. ADMINIS- TEATEIX. Citing the Widow and Administratrix of the goods of the Pitt v. Wood- deceased to exhibit an Inventory and an Account, to see portions j^™' e ruary ' allotted and distribution made, promoted by the Assignee of the Son of the deceased (a bankrupt). CEEDITOE v. EXECUTOE. Citing the Executor of the Will of the deceased to exhibit an Davies ^lien. Inventory and an Account, promoted by a Creditor. UNIVEESAL LEGATEE EOE LIFE v. EXECUTOE. Citing the Executor of the Will of the deceased to exhibit an Guise v. Bowen, Inventory and an Account, promoted by the Universal Legatee ay ' for life therein named. NEXT OF KIN v. ADMINISTEATOE. Citing the Administrators of the goods of the deceased to Battle ». Davi- exhibit an Inventory and an Account to see portions allotted ' and distribution made, promoted by one of the next of kin of the deceased. CHILD v. CHILDEEN. Citing two of the Children, the Administrators of the goods 0B ' e ™- ? e S? of the deceased, to exhibit an Inventory and an Account, to see 1827. ' ' portions allotted and distribution made, promoted by one other of the Children of the deceased. CEEDITOE v. EXECUTOES. Citing one of the Executors of the Will of the deceased to Bradshaw ». exhibit an Inventory and an Account, promoted by a Creditor. Mayji827. ' EESIDUAEY LEGATEE v. EXECUTOE. Citing the Executor of the Will of the deceased to exhibit an Crouch v. Inventory and an Account, promoted by the Eesiduary Legatee 1827. "' u ' named in the said Will. FATHEE OF DECEASED v. WIDOW AND ADMINIS- TEATEIX. Citing the Widow and Administratrix of the goods of the , Col I a j d f %. deceased to exhibit an Inventory and an Account, promoted by the Father of the deceased. HIS MAJESTY'S PEOCTOE v. ADMINISTEATOE. IltidNich0 „, Citing the Administrator of the goods of the deceased, who procurator- 7 S died without any relation, to exhibit an Inventory and an y™g™,? "' Account, promoted by his Majesty's Procurator-General. January, 1828. 206 APPENDIX. PAETY IN DISTEIBUTION v. ADMINISTEATEIX. Citing the Administratrbc to exhibit an Inventory and an Account, to see portions allotted and distribution made, promoted by a Party entitled in distribution. CEEDITOE v. ADMINISTEATOE. Citing the next of kin, the Administrator of the goods of the deceased, to exhibit an Inventory and an Account, promoted by a Creditor. EEPEESENTATIVE OF CEEDITOE v. EESIDUAEY LEGATEE. Citing the Eesiduary Legatee to whom Letters of Administra- tion with Will annexed had been granted to exhibit an Inventory and an Account, promoted by the Eepresentative of a Creditor. EEPEESENTATIVE OF CEEDITOE v. EXECUTOES. Citing the Executors of the "Will of the deceased to exhibit an Inventory and an Account, promoted by the Eepresentatives of a Creditor. EESIDUAEY LEGATEE v. EXECUTOE. Tuck and Tuck Citing the Executors of the Will of the deceased to bring in November, is2s. an Inventory and an Account, promoted by the Eesiduary Legatee named in the said Will. Smith v. Palmer, January, 1828. Graham v. Say, February, 1828. West v. Swain, February, 1828, Lamb and Sbakespeare v. Yiliert, April, 1828. PEESONS IN DISTEIBUTION v. ADMINISTEATEIX. Bradley and Citing the Widow, the Administratrix of the goods of the Bradley!' deceased, to exhibit an Inventory and an Account, promoted by January, 1329. three of the persons entitled in distribution. PAETY IN DISTEIBUTION v. ADMINISTEATOE. Gair by his Citing the Administrator of the unadministered goods of the Guardian u. .. n j. -i -i •, t- i i Forster, deceased to exhibit an Inventory and an Account, promoted by February, 1329. one of the p arties entitled in distribution. PAETY ENTITLED TO UNDISPOSED OF EESIDUE v. EXECUTOES. Tiffin D.Miteheii Citing the Executors of the Will of the deceased to exhibit Febrnary e i829, an Inventory and an Account, promoted by a Party entitled to the undisposed of residue of the deceased's estate. Carter v. Carter, June 1829. EESIDUAEY LEGATEE v. EXECUTOE. Citing the Executor of the Will of the deceased to exhibit an Inventory, promoted by the Eepresentative of the Eesiduary Legatee named in the said Will. COMMISSION FOR EXAMINATION OP WITNESSES. 207 REPRESENTATIVE OF ONE OF UNIVERSAL LEGATEES v. EXECUTORS. Citing the Executors of the Will of the deceased to exhibit Le Cointe i>. an Inventory and an Account, promoted by the Representative 1829? ov "' of one of the Universal Legatees therein named. HIS MAJESTY'S PROCTOR e. REPRESENTATIVE OF EXECUTOR. Citing the Representative of the Executor of the "Will of the utid Nichoii deceased to exhibit an Inventory and an Account, promoted by frocuratm- '" his Majesty's Procurator-General for the benefit of His Majesty, General, v. who (there being no relations) was entitled to the residue of the August°i829. deceased's estate not disposed of by her Will. COMMISSION FOR EXAMINATION OF WITNESSES. oo In Her Majesty's Court op Probate. Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. To our Attorney-General for the Cape of Good Hope. Whereas there is now depending in our said Court of Probate a certain Cause of H and G against A , wherein W H and W G are Plaintiffs, and J A is Defendant. And whereas the Right Honorable Sir , Knight, the Judge of our said Court, by his Order made in this Cause on the day of , One thousand eight hundred and sixty , hath, on the application of the Defendant, ordered that a Commission do issue under the Seal of our said Court directing him to examine W G A , and others resident at the said Cape of Good Hope aforesaid, to be produced on the part of the said Defendant as also on the part of the Plaintiffs. Now know ye that we do, by virtue of this Commis- sion to you directed, authorize you within seven days after the receipt of this Commission, at a certain time and place to be by you appointed for that purpose, with reasonable notice of tha same to both parties, and with power of adjournment to such other time and place, with the like notice as to you shall seem convenient to cause the said Witnesses to come before you, and to administer to the said Witnesses respectively an Oath, truly to answer such questions as shall be put to them by you, or with your authority by the parties respectively, by way of examination in chief or cross-examination, touching the matters set forth in the Pleadings, in the said Cause: a true and authentic copy whereof, sealed with the Seal of our said Court, is hereunto annexed, and such Oath being administered we do hereby authorize you to take the said Examination of the said Witnesses touching the matters set forth in the said Plead- ings in the manner above stated, and to reduce the said Exami- 208 APPENDIX. nation, or cause the same to be reduced into writing, and that for the purpose aforesaid you do assume to yourself some Notary Public or other lawful Scribe, as and for your Actuary in that be- half, if to you it should seem meet and convenient so to do. And the said Examination being so taken and reduced into writing as aforesaid and subscribed by you, we do require you forthwith to transmit the said Examination closely sealed up to the Principal Registry of our said Court in Doctors' Commons, in the City of London, together with these presents. And we do hereby give you full power and authority to do all such acts, matters, and things as may be necessary, lawful, and expedient for the due execution of this our Commission. Dated at London the day of , in the year of our Lord One thousand eight hundred and sixty , and in the year of our Reign. (Signed) A B , Registrar. See OathB, page C D & Co., Solicitors, Street, l. s. London. QQ COMMISSION WITH DIRECTIONS TO EMPLOY AN INTERPRETER. In Her Majesty's Court op Probate. Commission Victoria by the Grace of God of the United Kingdom of toomploy an' 6 Great Britain and Ireland Queen, Defender of the Faith. To interpreter. J W D , Esquire, Advocate-General at Jersey, and J G , Esquire, Advocate of the Royal Court of Jersey. Greeting — Whereas there is now depending in our said Court of Probate a certain cause of proving in solemn form of Law, by sufficient witnesses, the last Will and Testament of I C , formerly of Jersey, but late of , in the County of , Gentle- man, deceased, purporting to bear date the day of , One thousand eight hundred and , wherein J R is Plaintiff, and W H and J H B are Defendants. And whereas the Right Honorable Sir , Knight, the Judge of our said Court, by his Order made in the said Cause on the day of , One thousand eight hundred and , hath ordered that a Commission do issue under the seal of our said Court directing you to examine vied voce R D B , of the Island of Jersey, Esquire, and S , his Wife, M L J , of Jersey aforesaid, Spinster, and others resident in the Islands of Jersey and Guernsey, to be pro- duced on the part of the said Defendants as Witnesses in the said Cause. Now know ye that we do by virtue of this Com- COMMISSION AND TO EXAMINE ON INTERROGATORIES. 209 mission to you directed, authorize you within seven days after the receipt of this Commission, at a certain time and place to be by you appointed for that purpose, with power of adjournment to such other place or places as to you shall seem convenient in the Island of Jersey, to cause the said Witnesses to come before you, and to administer to the said Witnesses respectively an oath truly to answer such questions as shall be put to them touching the matters set forth in the pleadings in the said Cause — a true and authentic copy whereof, sealed with the seal of our said Court is hereunto annexed, and to reduce the said examination or cause the same to be reduced into writing. And we further command and authorize you, if you deem it expedient to employ an Interpreter who shall, before he be permitted to act as an Interpreter, take an oath truly and faithfully, and to the best of his skill and understanding, to interpret any matter or thing which you may deem expedient for the purpose of this Commission. And the said Examination being taken, reduced into writing and subscribed by you, we do request you or one of you forthwith to transmit the same closely sealed up to the Principal Eegistry of our said Court in Doctors' Commons, in the City of London, together with this Commission. And we do hereby give you full power and authority to do all such acts, matters, and things as may be necessary and lawful for the due execution of this Commission. Dated at London the day of , in the year of our Lord One thousand eight hundred and , and in the year of our Eeign. Commission to examine Witnesses | See Oaths, vivA voce on the part of the De- ^ )-*->. fendant. J L Solicitor, Temple. 3S ) e 7 COMMISSION AND TO EXAMINE ON INTEEEOGA- Af) TOEIES. Victoria by the Grace of God of the United Kingdom of Commission, Great Britain and Ireland Queen, Defender of the Eaith. To on interroga- The Honorable A S , The Honorable W S , The «>™*- Honorable S A , and The Honorable W M , all of Auckland in New Zealand. Whereas there is now depending in our Court of Probate, ThisCommis- before the Eight Honorable Sir , Knight, the Judge of auttoriLe the our said Court, a certain cause wherein J L is Plaintiff ^dBnceV P an Interpreter. 210 APPENDIX. See Oaths, page 215. and T G Defendant ; and it hath been ruled and ordered by our said Court that this Writ shall be issued commanding you, or any one or more of you, to examine Mr. A B , now at Auckland in New Zealand aforesaid on the part of the said Defendant in the said cause, and to administer any interrogatories to such witness as may be forwarded to you herewith, as well on the part of the said Plaintiff as on the part of the said Defendant, pursuant to the Statutes of 20 and 21 Vic. c. 77, and 13 Geo. III. c. 63, and 1 William IV. c. 22, and to perform all matters and things as by the said Statutes are required, and that this Writ and depositions taken in manner aforesaid be trans- mitted under your seal, or the seal or seals of such one or more of you as shall act in the execution hereof, to the Eegistrars of the Principal Eegistry of our said Court of Probate, and be permitted to be read and given in evidence on the trial of the said cause saving all just exceptions. Now know ye that we command you, or any one or more of you, that you do with all due diligence examine and cross-examine on his corporal oath, which oath any one or more of you is or are hereby empowered to administer to the said Witness vivd voce, and also administer to the said Witness any interrogatories and cross-interrogatories which may be sent to you herewith, and receive such other proofs as may be offered to you, either on the part of the said Defendant or on the part of the said Plaintiff, pursuant to the said Statutes, and perform all such other matters and things as by the said Statutes are required, and we hereby give you full power and authority so to do, and that you do take such exami- nations and depositions and reduce them to writing on paper or parchment, and forthwith transmit the same, together with this Writ under your seal or seals as aforesaid, to the Eegistrar of the Principal Eegistry of our said Court of Probate. Witness, the Eight Honorable Sir , Knight, at West- minster, the day of , One thousand eight hundred and , and in the year of our Eeign. 41 CONSENT OF THE OTHEE NEXT OF KIN TO A GEANT BEING MADE JOINTLY TO EELICT AND ONE NEXT OF KIN. Consent of the other next of kin to a Grant being made jointly to Relict In Her Majesty's Court op Probate. The Principal Eegistry. Whereas A B , late of , deceased, died on the day of ,18 , at , intestate, leaving C D , and one next of Widow, his lawful relict, and E F , G H and I K his natural and lawful and only children. And ELECTION BY MINORS OP A GUARDIAN 211 whereas the said C D is consenting and desirous that the Letters of Administration of all and singular the personal estate and effects of the said deceased be committed and granted to her jointly with the said E F . Now we, the said G H , of , and I K of , do hereby severally declare that we expressly consent that Letters of Administration of all and singular the personal estate and effects of the said deceased be committed and granted to the said C D , Widow, and E F , jointly. And we do hereby appoint our Proctor (Solicitor or Attorney) to file or cause to be filed this consent for us in the said Principal Eegistry of Her Majesty's Court of Probate. In witness whereof we have hereunto set our hands and seals this day of , 18 . Signed, sealed, and delivered ■) by the said G H and I G H • L - s - I K in the presence of / *■ **■ . l. s. X Y , Witness. / ELECTION BY MINOES OF A GUAEDIAN. In Her Majesty's Court of Probate. 42 The Principal Eegistry. Minors ofT In the goods of A B , deceased. Guardian. Whereas A B , late of , in the County of , deceased, died on or about the day of , 18 , at , intestate, a Widower, leaving CD , E F , and G H his natural and lawful and only children ; the said C D being a minor of the age of twenty years only, the said E F being also a minor of the age of nineteen years only, and the said G H being an infant of the age of six years only. Now we, the said C D and E F , do hereby make choice of, and elect K L our lawful maternal uncle (or as the case may be), and one of our next of kin, to be our Curator or Guardian for the purpose of his obtaining Letters of Administration of the personal estate and effects of the said A B , deceased, to be granted to him, for our use and benefit, and until one of us shall attain the age of twenty-one years (or for the purpose of renouncing for us and on our behalf, all our right, title, and interest to and in the Letters of Adminis- tration, &c, as the case may be) (add in cases where a Proctor, Solicitor, or Attorney appears for the Minors) ; and we hereby appoint M N , of , our Proctor, Solicitor, or Attorney to p 2 43 212 APPENDIX. file or cause to be filed this our election for us in the Principal Eegistry of Her Majesty's Court of Probate. In witness whereof we have hereunto set our hands and seals this day of , in the year Signed, sealed, and delivered by the within-named C ~D and E F in the presence \ C D . l. s. of / E F . h. s. X Y , Witness. (One disinterested witness sufficient.) ELECTION OP GUARDIAN TO RENOUNCE. In Hee Majesty's Court op Peobate. SSuL The Principal Eegistry. Renounce. Whereas A B , late of . in the County of , deceased, died on the day of , 18 , at , intestate, a Widower, leaving C D , E F , and G H , his natural and lawful and only children and only next of kin ; the said C D being a minor of the age of twenty years only, the said E P being also a minor of the age of nineteen years only, and the said G H being an infant of the age of six years only. Now we, the said C D , of , and E P , of , do hereby make choice of, and elect K L , of , in the County of , our lawful maternal Uncle, and one of our next of kin, to be our Curator or Guardian for the purpose of renouncing for us and on our behalf all our right, title, and interest to and in the Letters of Administration of the personal estate and effects of the said A B , deceased ; and we hereby appoint M N , of , our Proctor (Solicitor or Attorney) to file or cause to be filed this our Election for us in the said Principal Registry of Her Majesty's Court of Probate- In witness whereof we have hereunto set our hands and seals this day of , in the year 18 . Signed, sealed and delivered } Dy the said C D and j E P in the presence of ) ~ ' ' . l. s. X Y , E F . l. s. Witness. I (One disinterested witness sufficient.) INVENTORY. MOTION CASE. 213 INVENTOEY. ^ A true, full, and particular Inventory of all and singular the personal estate and effects of A B , late of , inventory, deceased, which have at any time since his death come to the hands, possession, or knowledge of C D , the sole executor named in the last Will and Testament of the said A B (or administrator of the said personal estate and effects, as the case may be), made and exhibited upon and by virtue of the corporal oath (or solemn affirmation) of the said. C D , follows, to wit : First, this exhibitant saith, that the said deceased <£ s. d. was at the time of his death possessed of [The details of the deceased's effects must be here inserted in as many sheets of paper as may lie necessary, and the value inserted opposite to each particular. ] Lastly, this exhibitant saith, that no personal estate or effects of or belonging to the said deceased have at any time since his death come to the hands, possession, or knowledge of this exhibi- tant, save as herein set forth. (Signed) C D On the day of , 18 , the said C D was duly sworn to (or solemnly, sincerely, and truly declared and affirmed, according to the form of words prescribed by the Statute applicable to the particular case), the truth of the above Inventory, at Before me, [Person authorized to administer Oaths under the Act.'] MOTION", STATEMENT OE CASE. Probate Court — Case for Motion. 45 In the goods of M A S , Spinster, deceased. Motioa ca8e - MAS, the Testatrix, was formerly of , in the County of , and late of in the same County, Spinster, deceased, and died on the day of ,18 , having made and duly executed her last Will and Testament in writing, bearing date the day of , 18 , and thereof appointed P E D and T W Executors and Eesiduary Legatees. There are several interlineations in the Will all in the hand- writing of the Testatrix, but no evidence can be obtained as to the time when such interlineations were made. On the day the Will bears date the Testatrix took the Will 214 APPENDIX. into the office of Mr. C M , one of the attesting Witnesses, and requested him and his Clerk, Mr. C (the only person then present) to witness the execution thereof. The Will was at that time so folded as to prevent the attesting Witnesses from seeing more of the contents of the said Will than the last two lines thereof, and no mention was made to them hy the Testatrix of any interlineation therein. As respects the sheet of paper having a portion torn off from the hottom of the same, it is in the same state now as when executed hy the Testatrix. * Thi » moans * Copies of the Affidavits of the attesting Witnesses and Copy left with of the Will are left herewith, and — OriSnai's'teing Counsel will he pleased to move the. Court to decree left in the Probate of the said Will as the same now appears, to wit, Registry. ^.^ ^ } n t er lineations now appearing therein to he granted to the said Executors. 46 Motion case. MOTION, STATEMENT OK CASE. Probate Court — Case for Motion. In the goods of T S T S , who was formerly resident in , in the County of , proceeded in the year 1842 to Australia. It appears from the Affidavits of Mr. W C Y and Mr. J H that they were at Melbourne in Australia in the year 1852, and were acquainted with the said T S , who informed them that he was about to proceed to Sydney in a vessel called the " Favorite." Mr. Y states that he saw him about half-an-hour before he went on board the- said ship, and that the said ship with all on board was lost on her said voyage. Mr. H had an inter- view with him on board the said ship the day before she sailed, and also saw him on board when under sail, he (Mr. H ) being then in his own boat, and he believes this was on of 185 . Mr. H further says that the said ship has never been heard of since leaving Melbourne ; that he had several friends on board besides the said T S , and that he has never received the least intelligence respecting any of them, and he has no doubt whatever that they were all lost, and that Insurances effected on goods shipped in the said vessel have been paid by the Underwriters. The deceased was a Bachelor and left an only Sister Mrs. and her husband were in the (J Mrs. C OATHS. 215 frequent habit -of corresponding with him, and received from him newspapers by nearly every mail. He was the Nephew and one of the persons entitled in distri- bution to the personal estate of T G , late of , deceased. Mr. C wrote to the deceased on the of , 185 , informing him of the death of the said T G and requesting him to return to England or to forward a power of Attorney, authorizing Mr. C to receive his share of the said estate. No answer has been received to this letter. Both Mr. and Mrs. C have written several times since, but no letter or co mm unication whatever has been received from the said T S since , 1852. Mrs. C has been in the habit of corresponding with a friend, Mrs. E J , residing at Adelaide, who was intimate with and related to the said T S . Mrs. J , in a letter dated the 23rd of August, 1852, informs Mrs. C that her Brother, the said T S , had sailed from Melbourne for Sydney on the 9th May, 1852, on board the ship " Favorite," which ship was last seen in a fearful gale on the 17th of May and had not since been heard of, although the Government had sent H. M. Ship " Acheron " on a coasting voyage in search of the said ship " Favorite." And in a further letter dated the 10th of June, 1853, the said E J writes — "it is quite certain that he (meaning the said T S ) sailed from Melbourne on the 9th of May, 1852, and that the last time the vessel was seen was in a gale on the 1 7th." The letters are annexed to the Affidavit. Mr. P , the Chief Clerk of Lloyd's Secretary Office, states in an Affidavit that it appears from their Eegister of Ships that a vessel called the "Favorite" sailed from Melbourne on the 9th May, 1852, and has not since been heard of. The usual Advertisements have been inserted in two papers, and in the Times, but nothing has resulted. Copies of the Affidavits are left herewith, (a) ( a ) This means Counsel will move the Court to decree Letters of Adminis- 5eft\£itn ies ar6 tration of the goods of the deceased, as dying on or since counsel, the the Seventeenth day of May, 1852, to be granted to Mrs. &££ ^ 8 e being C , the Sister. Registry. OATHS BY COMMISSIONEKS, WITNESSES, &c. 47 You shall, according to the best of your skill and knowledge, Commissioner's truly and faithfully, and without partiality to any or either of 0at1 '- the parties in this Cause, take the Examination and depositions 216 APPENDIX. Witnesses* Oath. Clerk's Oath. Interpreter's Oath. of all and every the Witness and Witnesses produced and examined by virtue of the Commission within written, So help you God. You are true answers to make to all such Questions as shall be ashed you, without favour or affection to either party, and therein you shall speak the truth, the whole truth, and nothing but the truth, So help you God. You shall truly, faithfully, and without partiality to any or either of the parties in this Cause, take and write down, tran- scribe, and engross the depositions of all and every the Witness and Witnesses produced before or examined by the Commis- sioners, or any of them named in the Commission within written, so far as you are directed and employed by the said Commissioners, or any of them, to take down, write, and engross the said Depositions, So help you God. You shall, according to the best of your skill and knowledge, truly and faithfully, and without partiality to any or either of the parties in this Cause, interpret the several Interrogatories, and vivd voce Questions put to, and the several Answers and Depositions of all and every the Witness and Witnesses pro- duced and examined by virtue of the Commission within written, So help you God. These Oaths are endorsed on the Commission. 48 Smith «. A Id on, January, i860. Simpson v. Fisher, April, 1863. ORDERS ON SUMMONS. APPEAEANCE BY HUSBAND. Upon hearing the Agents on both sides the Judge ordered that an Appearance be entered within a week for F S , the husband of the above-named Plaintiff, S S , as Co-plaintiff in this Cause. APPEABANCE AMENDED. Upon hearing the Agents on both sides the Judge ordered that the Defendant do amend his appearance by correctly setting forth his relationship to the deceased, or propound his interest as a Brother of the deceased, and pay the costs occasioned by his not correctly stating his interest, or the contentious proceed- ings to be discontinued with costs against the Defendant in a week from the service of this Order. ORDERS ON SUMMONS. 217 APPEAEANCE BY GUAEDIAN TO BE ELECTED. Upon, hearing the Agents on both sides the Judge ordered ? mith 18 , 6 8 Kirt ' r ' that the Plaintiff's Proctor appear for his Party by a Guardian to he duly elected by her, she being a Minor. APPEAEANCE BY GUAEDIAN— LEAVE TO APPEAE. The Judge ordered that C A C be at liberty to appear wuidridge and in this Suit as the Guardian, lawfully assigned to M M wmaridge, W , one of the above-named Plaintiffs. August, isae. APPEAEANCE BY HEIE-AT-LAW. The Judge ordered that W L , one of the Defendants Jones ». Lewis in this Suit, do appear herein as Heir-at-Law of the deceased, he ipru'ises.' having already appeared as one of the next of kin. AFFIDAVIT OF SCEIPTS— TIME EXPIEED. The Judge ordered that the Plaintiffs be allowed to file their Eckersiey ». Affidavit of Scripts, notwithstanding the time for so doing has expired, and the Cause being set down for hearing. FUETHEB AFFIDAVIT OF SCEIPTS IN CONSE- QUENCE OF AN EEEOE. The Judge ordered that the Plaintiff be allowed to file a fevers v. further Affidavit of Scripts, setting out the date of the original May, 1866. Will of the deceased in the Cause as the 30th day of August, 1865, instead of 13th day of August, 1865, as in the Affidavit. FURTHEB AND FULLEE AFFIDAVIT OF SCEIPTS. Roebuck v. The Judge ordered that the Plaintiff be at liberty to file a f ™ n °*; 1S68 . further and fuller Affidavit of Scripts. AFFIDAVIT OF SCEIPTS WAIVED. Taylor & Fraser v. Yardley and The Judge ordered that the usual Affidavit as to Scripts by others. 18S7. the Plaintiff, M F by her Committee, the said Plaintiffs A T and W T be waived. The Judge ordered that the Affidavit of the said E H be waived, he being resident in Australia. anotteiVHow. arch & others. ADMINISTEATOE PENDENTE LITE TO FILE HIS NoTember - 1863 - ACCOUNTS. The Judge ordered that J E the Administrator Langmead «. pendente lite of J P deceased, do, before the 5th f 8 ° 6 g sford - Apri1 ' day of May next, file his Accounts as Administrator pendente lite in the Principal Eegistry of this Court. 218 APPENDIX. ADMINISTRATOR'S ACCOUNTS REFEEKED TO REGISTRAR. KUbee v. The Judge oidered that it be referred to one of the Registrars b e rTi 6 863° eCem " of this Court to ascertain and report to the Court whether the account of the Administrator of the personal estate of G E F the deceased in this Cause, filed by the Defendant in obedience to the Citation served upon him, is a sufficient account or in what respect the same requires amend- ment. CAVEAT, GRANT TO ISSUE NOTWITHSTANDING. Youngs Denfly. The Judge ordered that the Probate of the Will of A. A. J. February, 1867. J) > dated tne day of 18 g 9) do pags fl^ geal of this Court, and do issue, notwithstanding any Caveat that may be entered to prevent the same. CAVEATS, GRANT TO ISSUE NOTWITHSTANDING. Ke Elizabeth The Judge ordered that Probate of the Will of E J Jonas, deceased, late of be granted and do issue to G T pn , 186 . £k e j; xecu ^ or f BU0 ] X "Will, notwithstanding the several Caveats entered by R R T B and that the said R R T B do pay the sum of £2 2s. for Costs to the said G T CAVEAT, LEAVE TO SUBDUCT. Peppercorn v. The Judge ordered that the Caveat entered by U J and March "mi U against the Grant of Probate of the Will of J W P deceased may be subducted, notwithstanding Warning has been issued and duly served. CONTRADICTOR ADMITTED. jarvis v. The Judge ordered that the Suit in objection to M A iSo°a?ja"n^, T ' s interest De stayed, and that the said MAT 1865. ' ' be admitted by consent a Contradictor to the Will (the ques- tions of fact in the Interest Suit being reserved till after hearing) the costs of this order to be costs in the cause. CONSOLIDATING CAUSES. Foster v. scott. The Judge ordered that this Suit be Consolidated with the May, 1861. guit brought by the Plaintiff against G E D P and be carried on as F v. S and P COMMISSION TO ISSUE. BewBbert). The Judge ordered that a Commission do issue directed to wmiams i and j^e British Consul, at Ostend, for the purpose of taking Evi- i«60. rs ' Un ' dence of certain Witnesses residing in Belgium, and that the Plaintiff may join in such Commission. ORDERS ON SUMMONS. 219 COMMISSION, EETUEN ENLARGED. The Judge ordered that the return of the Eequisition or £ ro I ier !'- B,l , r ££; n ■ • ■ ^ i , i n i y. , i . , < , i-i.i September, 18«0 Oornmission issued under the Seal of this Court, and dated , and also the return of the Supplemental Commission also issued under Seal of this Court, and dated , he respectively enlarged to CHANGE PEACTLTIONEE. The Judge ordered that Mr. A be appointed Solicitor ^J^ber 'ihsg. for the Defendant in this Cause, in the place and stead of Mr. B t on payment of his Costs, and that the Costs be taxed by one of the Eegistrars of Her Majesty's Court of Probate, and that the said Mr. B do file his Bill of Costs for Taxation within a week from the service of this Order. COMPEOMISE PEOPOSED— TIME TO COMPLETE. The Judge ordered the Trial of this Cause shall be further gibbs & Pyie ». postponed until the 15th February next, in order to give time ary, i860, to complete a proposed compromise. CONTENTIOUS PEOCEEDINGS DISCONTINUED. The Judge ordered that the Contentious Proceedings herein wnrpan v it.., Jones. Novem- be discontinued. ber, 186«. The Judge ordered that the Proceedings herein be discon- oiegg v. Leach, tinued, and the Plaintiff to pay the Defendant 30s. Costs No™"*" isee. herein. Upon hearing the Agents on both sides, the Judge ordered ^"^""fSj, that the Proceedings be discontinued herein, and condemned the Defendant in the Plaintiff's Costs in this Suit. The Judge ordered that the Contentious Proceedings herein ^fjjj *• and be discontinued, and the Costs of and arising out of the Plea of others Novam- undue Influence to be paid by the Defendants to the Plaintiff. ber - 1866 - The Judge ordered that the Contentious Proceedings herein ™£™ * No be discontinued, and that the Probate of the "Will of G venlber!i866! , ~ H , deceased, now remaining in the Principal Eegistry, be delivered out to the Defendant's Solicitors, Messrs. for his use. CONTENTIOUS PEOCEEDINGS DISCONTINUED FOE WANT OF INTEREST. On reading the Affidavit of J S D and W f^ml'V J "W , sworn the of 186 , the Judge wniiams. June, ordered that the Contentious Proceedings in this Suit be dis- 18e8 - continued, on the ground that the Defendant has no interest, and that the said Defendant pay the Costs of and occasioned by him, and the Costs of and consequent on this Order. 220 APPENDIX. COSTS BY AGREEMENT. Evans & Evans The Judge ordered that the Contentious Proceedings herein Mfran"i865. be discontinued, and that the Costs thereof be borne and paid by the parties, in the proportions and in the manner stated in the Agreement entered into by them. ESTATE AP- Filmerv. Chard April, 1867. COSTS— REGISTRAR TO ASCERTAIN PLICABLE EOR COSTS. The Judge ordered that it be referred to one of the Registrars of this Court to ascertain if there is any, and what estate,, applicable to the payment of Costs, and to report thereon to him. COSTS— BILL TO BE DELIVERED. in the Goods of The Judge ordered that Messrs. S and "W deliver dec P e a as a ed Uthrie ' to C S G , the Executor in this matter, their Bill January, 1867. of Costs, for preparing papers for obtaining Probate in this matter. COSTS— ORDER TO PAT. Upon hearing the Agents, on both sides, the Judge ordered that the Plaintiff, J M , within a week from the Moye v. Diver and Waters. May, 1866. Vardon and another v. Ford January, 1867. Mudford v. Mndford. M service of this Order, pay to the Defendant D and J D W the sum of £ : : , the amount of taxed Costs herein. The Judge ordered that the Defendant, J F , within a week from the service of this Order, pay to the Plaintiffs the sum of £ , the taxed Costs of this Suit, and the sum of £ , the Costs of and incidental to this Order. COSTS— IN CAUSE. The Judge ordered that the Costs of an Application on Sum- mons, for the particulars of the alleged fraud, be Costs in the Cause, and certified for the attendance of Counsel herein. COSTS— SECURITY EOR. DouKiasu. The Judge ordered that the Plaintiff do give security for January, 1865. ' Costs in this Cause, and that, meantime, all further proceedings be stayed. Kelly v. Lnpton The Judge ordered that it be referred to the Registrar to fix vember, 1866. °" the amount of security for Costs to be given by the Defendant, he being resident out of the Jurisdiction of this Court. COUNTY COURT, PROCEEDINGS DISCONTINUED. Puiian v. The Judge ordered that the Contentious Proceedings in this I864. an ' Pn ' Suit be discontinued, notwithstanding the Order referring the further proceedings to the County Court. ORDERS ON SUMMONS. 221 DISCOVERY OF PAPERS. The Judge ordered that the Summons dated the day of Horreii v. Witt last for the discovery of Papers, Books, Letters, &c, be ^bruarv^see dismissed with Costs against the Defendant J W and certified for the attendance of Counsel to oppose the said Summons. DECLARATION, TIME ELAPSED. On reading the Joint and several Affidavits of E P chapman ana and C E sworn the day of the Judge Mly, B l'8 T 6 o? lmin • ordered that the Defendant be at liberty to declare in this Cause, notwithstanding the time to declare has elapsed. DECLARATION" AMENDED. The Judge ordered that the Plaintiff be allowed to amend her Davies v. Declaration in this Cause by altering the date of the death of RoblrteUMarch, the deceased in this Cause therein mentioned from the first to 1868> the second day of June, 1863. DECLARATION AND PLEAS AMENDED. The Judge ordered that the Declaration herein be amended by mil ana chaa- propounding a copy of the Codicil to the Will of the deceased, ana\no?n&? es and that the Defendants be forthwith at liberty to amend their May, 1866. pleas accordingly. DECLARATION, PROCEEDINGS STAYED. The Judge ordered that the proceedings upon the Declaration J?™^. 8 and filed by the Plaintiff be stayed, pending the proceedings upon Foster.Vovem- the Declaration filed by the Defendant. ber,i866. DEMURRER, ISSUE JOINED. The Judge ordered that the Defendant do within four days Weils v. Weils. from the service of this Order join issue with the Plaintiff on Febraar y. 1862 - the Demurrer to the Defendant's third Plea. DEMURRER WITHDRAWN. The Judge ordered that the Plaintiffs withdraw this De- sharpe ana murrer, on payment of Costs, and the Defendant be at liberty ^ h ! lrl?e % to file a fresh Declaration. 1863. FURTHER TIME TO OBJECT, DEMUR, OR REPLY. The Judge ordered that the Defendant have a fortnight's Crispin v. further time to object, demur, or reply to the Pleas of the Cnmano. Feb- Plaintiff filed in this Cause, as Counsel may advise. DISMISSING PARTY. The Judge ordered that J ~ L H be dismissed from fham^Hai 6 /." this Suit, but reserved the question of Costs. January, 1866. Pearse v. Bat- ton and Wife, 222 APPENDIX. DISCHAEGING OEDEK. iriam and The Judge discharged the Order that the questions of fact Robinson' Feb. arisin g out of the Pleadings in this Suit be tried on oral evi- ruary, 1866. ' dence, before the Court and a Common Jury. EXAMINATION IN COTJET. Newnham v. The Judge ordered that the Defendant do appear before this November', i860. Court at Westminster on Wednesday next the 12th instant at noon to be examined touching her knowledge of the last Will and Testament of C N deceased, bearing date the 1st day of November, 1859. The Judge ordered that J B and E B his Wife, and T C who have respectively made Affidavits in this Cause do attend in open Court to be examined June, i860. touching their knowledge of any original paper or testamentary Script of or belonging to J P the deceased in this Cause. EXTEACT PEOBATE. One Practitioner to Extract Probate, another Practitioner having piled papers and refusing to proceed. in the Goods of The Judge ordered that on payment of Mr. T W P 's h. i. Hayward, taxed costs, Mr. E W C the present Solicitor ovem er, • f m jj he at liberty to extract Probate of the Will of H J H deceased, in the place of the said T W P who has filed the same with the Clerk of the Seat for that purpose, but now refuses to obtain the said Probate without prejudice to the said Mr. T W P 's application to review the taxation of his Costs. EXTEACT PEOBATE WITHIN STATED TIME. EdHngton v. The Judge ordered that the Defendant do extract Probate of Smbe B r!°W60. eP ' the WiU of T E late of ' ™- thin . one fortnight from this day, she having brought in the Will in obedience to the Subpoena. EXTEACT PEOBATE NOTWITHSTANDING EECEIPT. in the Goods of The Judge ordered that the Probate of the last Will and sonJd°eceased' n Testament of C A late of be extracted by Sep'tember,i862 J S of Solicitor, (notwithstanding the papers for that purpose were originally left in the Eegistry by the said J P and that the said J P retains possession of the receipt for the same) upon payment of the Costs of the said J P incurred in respect of his application for this Probate. ORDERS ON SUMMONS. 223 EXTEACT ADMINISTRATION WITHIN A WEEK. The Judge ordered that the Defendant do extract Letters of mdred v. Administration of the personal estate and effects of H H , octfises. the deceased in this Cause, within a week. INTERVENE— LEAVE TO. Upon reading the Affidavit of F R T , sworn Cross v. Cross , and, having heard the Agents of all parties, February* 1863. the Judge ordered that F R T , as the Assignee of the estate and interest of J C , under the Will of H C , the deceased in this Cause, be at liberty to intervene in this Cause. INTERVENER TO SET CAUSE DOWN FOR TRIAL. The Judge ordered that the Solicitor for the Intervener do set Lanermiie ». this Cause down for trial to-day, or in default thereof be pro- _ intervening, nounced in contempt. June ' 186 °- INTERVENERS TO ADHERE TO EXECUTORS' DECLARATION. The Judge ordered that the Interveners be at liberty to adhere Phillips and to the Declaration of the Executors filed herein. HoimerVofters ISSUE, TIME EXPIRED. November, 1866. The Judge ordered that the Plaintiffs be permitted to deliver M °° r e & Barber to the Defendants the Issue in this Cause, notwithstanding that Apru.isal'. the time for so doing has expired. ISSUE— FURTHER TIME. The Judge ordered that the Plaintiff be at liberty to deliver Hill v. mil, ,, • , ° . .,-, . n j October, 1866. the issue herein within tour days. The Judge ordered that the Plaintiff be allowed fourteen days |^ a ^ ey a ? d . further time to deliver the Issue in this Cause. and others, March, 1868. INVENTORY AND ACCOUNT— FURTHER TIME. The Judge ordered that the Defendant be allowed one month's Lester ^another further time, to bring into and leave in the Registry of this A prii?i860. Court the Inventory and Account mentioned in the Citation served upon the Defendant. INVENTORY TO BE FILED. Upon reading the Affidavit of J L , the Defendant, cieggu. Leach, sworn 7th September, 1866, and Affidavit of J C the Se P t6mber ' 186e Plaintiff, sworn 10th September, 1866, and on hearing the Agents of both parties, the Registrar ordered that the said J C , the Plaintiff, do, within fourteen days, file an Inventory of the personal estate and effects of J C , the deceased in this Cause. 224 APPENDIX. INVENTOEY— DECLAEATION INSTEAD OF. Ma^isiw l0yd ' ^^ e J u| lge ordered that a Declaration instead of an Inventory of the personal estate and effects of the deceased in this Cause be filed by Plaintiff in the Eegistry of this Court. JUET, OEDEE FOE SPECIAL JUEY DISCHAEGED. Jacob 011 "' ^e J u( % e ordered that the Order for a Special Jury herein November, 1864. be discharged, and that the Cause be heard before the Court itself. PEOPOUND PAPEE WELTING. DuSford "octo- ^e Juclg 6 ordered that the Defendant do propound in solemn ber, 1866. form of law, the paper writing purporting to be and contain the last "Will and Testament of J E , the deceased in this Cause, and file his Declaration, also Affidavit of Scripts within ten days of this date. PEOPOUND LNTEEEST. otoe? * nd The Judge ordered that the Defendant propound her Interest Tebbitt/May, (if any) in the personal estate and effects of A T , the 1866, deceased in this Cause. PLEAS— PEEEMPTOEY OEDEE TO DELIVEE. Scott and The Judge ordered (peremptory) that the Plaintiffs do deliver Mcintyre and their Pleas, and file a Copy thereof in the Eegistry, on or before December, 1863. the d *J ° f 18 • PLEAD, PEEEMPTOEY OEDEE TO. Horreii v. Enaa The Judge ordered peremptorily that the Defendant M 8eptember,i888. W , do plead within a week. PLEAD, FUETHEE TIME. Baldwin v. The Judge ordered that the Defendant have a fortnight's Septemb'er,i866. further time to plead herein. PLEAD DESTEOYED WILL, &c. Wood by her That the Plaintiff be allowed to plead to the Declaration in Wood d & a waiker, this Cause that G W the deceased in this Cause, October, 1866. ' destroyed the Will executed by him on the day of 1865, with the intention of revoking the same, and that the said Will was thereby revoked, and also, as a further plea, that the said deceased died intestate in Law. PLEAS WITHDEAWN. Roebuck w.Roe- The Judge ordered that the Defendant be at liberty to withdraw buck. April. i • t~»i 1868. his Pleas. ORDERS ON SUMMONS. 225 PAETICULAES OF PLEA. The Judge ordered that the Defendants do, within a week Parmenter v. from the date of this Order, deliver to the Plaintiff particulars others!™ 13 a " in writing of the names, addresses, and descriptions of the person A P nl . 1S68 - or persons mentioned or referred to in the Defendant's third plea as " others acting with the Plaintiff." The Judge ordered that the Defendant, within three days, wMdridge and file further particulars setting forth the names of the person a/^^'w 11 * alleged in the third and fourth paragraphs of Defendant's plea Guardian, to have been acting in concert with T W the NoTCmber - 1S66 ' Plaintiff. The Judge ordered that the Plaintiffs do, within seven days, Philips and file and deliver to the Defendants particulars in writing stating ^r'and"' Ho1 " the substance of the Case they intend to set up under their third another, 1 J r December, 1866. plea. PLEADINGS AND POSTEA AMENDED. The Judge ordered that the date of the "Will mentioned in the pleas, and also in the Replication, the Record, and the Postea respectively in this Cause as be Newnham v. altered to , in such Pleas, Eeplication, juiy°i8 a 6o!' Eecord, and Postea. PETITION— LEAVE TO FILE ANSWER. The Judge ordered that the Defendant H B be at liberty to file his Answer to the Petition in this Cause, notwithstanding the time for doing so allowed by the Rules and Beiilw/iviay, Orders of this Court has expired. 1866 - PETITION, PROCEEDINGS TO BE BY. The Judge ordered that the proceedings in this Cause be conducted by an Act on Petition. Weaver v. J Tombs, PETITION INSTEAD OF DECLAEATION. December, i860 The Judge ordered that the Plaintiffs be at liberty to file _ their Affidavit of Scripts, notwithstanding the time for so doing Grant v. Grant, has expired, and ordered that the Defendant do withdraw the Apri1, 1868, Declaration filed in this Cause on his behalf, and that the Plaintiffs be at liberty to proceed by Act on Petition, and that they do file such Act on Petition within a fortnight from the date of this Order. PETITION— PROOFS AFTER TIME. The Judge ordered that the Plaintiffs have fourteen days 3o v e ? and further time to file Affidavits, and the Cause to stand as now wiiiiaSa.'Aprii set down. 1866 - 4 226 APPENDIX. PETITION— FURTHER TIME TO FILE PKOOFS. Young u.nixon, The Judge ordered that the time for filing the Proofs by the October, 1866. plaintiff^ extended until the day of next. PHOTOGEAPH COPY OF WILL. Beiiew ». On reading the Affidavit of W E G sworn, the She™ and the Jud S e ordered that the Defendant he February, 1866. allowed to take a Photographic Copy of the Will propounded in this Cause, the Plaintiff to he furnished with a Copy of the Photograph of the said Will by the said Defendants. PAYING MONEY OUT OF COUKT. W winSnfs Wife The Jud g e ordered that the £ paid into Court March, 1868. herein to cover the expenses of the Plaintiffs' Witnesses, he paid out to the Defendant or his Agent. REPLICATION— FURTHER TIME. Harding v The Judge ordered that the Plaintiff be at liberty to file her Murrow and -p. -,. ,. -,i • i others, Replication witnm a week. February, 1866. REPLICATION AMENDED. Keebie v. The Judge ordered that the Replication in this Cause, filed by August' i860, the Plaintiff, be amended by taking issue on the Pleas only instead of traversing them, and that the Plaintiff have a month's further time to deliver the Replication and give Notice of Ap- plication as to mode of trial. REVIVE CAUSE. Crispin v The Judge ordered that this Cause be revived in seven days Member, 1866. h J J C , the Executor of the Defendant, M D , deceased, and that the said J C do, within four days, file his Affidavit of Scripts and deliver his Declaration, the Defendant's Agent to be at liberty to apply on Affidavit for extension of time and Counsel to be allowed. worthington v. The Judge ordered that F W , widow, as Execu- Gil * )er ' 80 r 11 trix of the Plaintiff, be at liberty to revive this Suit and carry November ,'i866. on the Pleadings in the Cause, in the place of H W , the said Plaintiff, deceased, and that the Defendants' Agent have Costs for his attendance herein. RECORD. Gyii v. Gyii, The Judge ordered that the Plaintiff be at liberty to deposit the December, 1866. Eecord herein in the Registry, within eight days from this date. RECORD— TIME EXPIRED. Lambeii v. The Judge ordered that the Defendant be at liberty to bring January, 1866. in the Record, notwithstanding the time for so doing has expired. orders on Summons. 227 BECOED AMENDED. The Judge ordered that the Plaintiff be at liberty to amend Hastuow », the Issue herein and Eeoord, by adding subsequent Pleadings, Q U e b e n'aProc h tor and that the Costs of this Application and Order be Costs in the intervening, -, rr April, 1866. Cause. EEGISTEAB'S EEPOET CONFIEMED. The Judge ordered that the Eeport of the Eegistrar, dated the Chariton v. day of 186 , filed in this Cause, and now f u n ^ r 1 B ^ ) . remaining in the Eegistry of this Court, be confirmed. SHOET NOTICE OE TEIAL. The Judge ordered that the Defendants have a week's further North v. North time to plead and to file Affidavit of Scripts, and that Short Febr°uary!'ia65. Notice of Trial be taken, if the Cause be directed to be tried at the Spring Assizes. STAYING PEOCEEDINGS. Upon reading the Affidavit of M E , W Owen v. Daviea ,andJ E , respectively sworn SSSjuS. the Judge ordered that the proceedings in this Cause be stayed until the cause of E v. D and D now depending in this Court be heard or until further Order. SUBPCENA NOT OBEYED. The Judge ordered that the Defendant do file an Affidavit Honsiny t>. setting forth his reason for not bringing in the Will of J March.'isk P deceased, in obedience to the Subpoena already issued upon him, and also setting forth what has become of the said Will, if the same be not now in existence, within fourteen days from the service of this Order. SUEETIES. Upon hearing the Attorney of the Applicant, and reading the Ex parte Affidavit of C W B dated the Judge February, i«s2. ordered that the Applicant be allowed to give three Sureties instead of two, one Surety to the extent of one moiety of the penal sum, the two others to the extent of one fourth each, and that the said Sureties do justify. SENIOE PEACTITIONEE TO HAVE GEANT. Upon hearing Messrs. J & C Solicitors for E wiiiiam v. AW one of the Executrixes of the Will of W gj™ W deceased, and Messrs. H & Son, the Solicitors January ,'i8co. for E W the other Executrix named in the said Will, the Judge ordered that the Probate of the Will of the said deceased may be extracted by and delivered to the senior (as to admission) of the said Practitioners. Q 2 228 APPENDIX. WLTHDEAW FEOM SUIT. Bradley end Upon hearing the Agents on both sides, and by consent, the SytoXr end Judge ordered that T B be permitted to withdraw Sylvester, f r0 m this Suit as one of the Plaintiffs. M arch, 1884. WITNESS ILL. Coles and Upon hearing the Agents on both sides, and on reading the Ma°yN e 8w'. C ° les Affidavits of H T C andT A H sworn respectively the 6th of May, 1867, the Judge ordered that this Cause be postponed until the 1st day of July next on the ground of the illness of a material Witness. WITNESS IN DISTEICT. Talbot and The Judge ordered that the District Eegistrar of the Court at Traheme, Landaff do take the vivd voce Evidence of J P C January, 1861. on behalf of the Plaintiffs, and cross-examine and re-examine the said Witness. WITNESS ABSENT. Barnard v. Upon reading the Affidavit of J H W of wifWime and sworn and hearing the Agents on both sides, 1862.' the Judge ordered that the trial of this Cause be postponed until Term in consequence of the absence from England of a material Witness for the Plaintiff. 49 EENUNCIATION OF PEOBATE AND ADMINISTRA- TION WITH THE WILL ANNEXED. Eennnoiation In HbR MAJESTY'S CoUBT OP PROBATE, of Probate and Administration The Principal Eegistrv. with the Will r a J annexed. j N the Goods of A B , deceased. Whereas A B , late of in the ooScnsTheir County of , deceased, died on the day of 18 , at . And Whereas he made and duly executed his last Will and Testament (or Will and Testament with a Codicil thereto) bearing date the day of 18 , and thereof appointed C D , Executor and Eesiduary Legatee in trust (or as the case may be). Now I, the said C D , do hereby declare that I have not intermeddled in the personal estate and effects of the said deceased, and will not hereafter intermeddle therein, with intent to defraud Creditors, and I do hereby expressly renounce all my right and title to the Probate and execution of the said dates should be also inserted, RENUNCIATION. 229 Will (and Codicils, if any) and to the Letters of Administration with the said Will (and Codicils, if any) annexed, of the personal estate and effects of the said deceased (add in cases where a Proctor, Solicitor, or Attorney is to appear for the person renouncing) ; and I hereby appoint E F , of my Proctor, Solicitor, or Attorney, to file, or cause to he filed, this Eenunciation for me, in the said Principal Eegistry of Her Majesty's Court of Probate. In Witness whereof, I have hereto set my hand and seal this day of 18 . Signed, sealed, and delivered - ] by the said C D , Q D L _ a _ m the presence of I H G J (One disinterested Witness sufficient). EENUNCIATION OE ADMINISTRATION. 50 In Her Majesty's Court of Probate. Renunciation of Administration. The Principal Eegistry. In the Goods of A B , deceased. Thisisto*be Whereas A B , late of _ in the SlZ" County of , deceased, died on the C D l. s. m the presence ot I G H J (One disinterested Witness sufficient). 230 APPENDIX. 51 Renunciation and Consent. RENUNCIATION AND CONSENT. In Her Majesty's Court of Probate. The Principal Kegistry. In the Goods of A B , deceased. Whereas A B , late of , deceased, died on the day of 18 , at , intestate, a Bachelor, leaving me, the undersigned C D , of , his natural and lawful father and next of kin. Now I, the said C D do hereby expressly renounce all my right and title in and to the Letters of Administration of the personal estate and effects of the said deceased, and I do also hereby consent that Letters of Administration of the said personal estate and effects may be granted to E D the natural and lawful brother of the said deceased, and I hereby appoint G H , of , my Proctor, (Solicitor or Attorney), to file or cause to be filed this Kemmciation and Consent for me in the said Principal Kegistry of Her Majesty's Court of Probate. In Witness whereof, I have hereunto set my hand and seal this day of 18 . Signed, sealed, and delivered ' by the said C D in the presence of ) C D ; y z Witness. , 52 Renunciation of Guardian- ship. RENUNCIATION OF GUARDIANSHIP. In Her Majesty's Court of Probate. The Principal Registry. In the Goods of A B , deceased. Whereas A B , late of , deceased, died on the day of 18 , at , having made and duly executed his last Will and Testament, bearing date the day of 18 , and therein appointed C D sole Executor and Residuary Legatee. And whereas the said C D , is now in his minority, to wit, of the age of years and upwards, but under the age of twenty-one years. And whereas I, the undersigned E E am the natural and lawful and only next of kin of the said CD. Now I, the said E F , do hereby expressly renounce all my right and title in and to the Curation or Guardianship of REQUISITION FOR EXAMINATION OF WITNESSES. 231 the said Minor, and I appoint J K , of , my Proctor, Solicitor, or Attorney, to file or cause to be filed this Kemmeiation for me in the said Principal Registry of Her Majesty's Court of Probate. In Witness whereof, I have hereto set my hand and seal this day of , 18 . Signed, sealed, and delivered \ by the said E F j in the presence of ) E F l. s. Y Z "Witness. J REQUISITION FOR EXAMINATION OF WITNESSES. 53 In Her Majesty's Court of Probate. Victoria, by the Grace of God of the United Kingdom of Requisition for Great Britain and Ireland, Queen, Defender of the Faith, wifn'eSe" ' 1 ° f To , Judge of the Court of , New York, or, in his absence or declining to act, to , Greeting, Whereas there is now depending in our Court of Probate a certain Cause of proving in solemn form of Law by sufficient Witnesses the last Will and Testament of , late of the City of in the County of in the State of , deceased, purporting to bear date the day of , 186 , wherein is Plaintiff and is Defendant. And whereas the Right Honorable Sir , Knight, the Judge of our said Court of Probate, by his order made in the said Cause on the day of 186 , hath ordered that a Requisition do issue, under the Seal of our said Court, requesting you to examine the Witnesses to be produced by the Defendant in support of the allegations in the Pleadings in the said Cause. Now know ye that we do, by virtue of this Requisition to you directed, authorize and request you on receipt hereof, at a certain time and place to be by you appointed for that purpose, with power of adjournment to such other time and place as to yon shall seem convenient, to cause the said Witnesses to come before you, and to administer to the said Witnesses respectively an oath truly to answer such questions as shall be put to them touching the matters set forth in the Pleadings in the said Cause contained in the Record, an official copy whereof is hereunto annexed, and to reduce the said examination, or cause the same to be reduced, into writing. And the said examination being taken, reduced into writing, and subscribed by you, We do request you, or one of you, forthwith to transmit the same, closely sealed up, to the 232 APPENDIX. Principal Eegistry of our said Court in Doctors' Commons, in the City of London, together with this Eequisition, on or before the day of next. And we do hereby give you full power and authority to do all such acts, matters, and things as may be necessajry and lawful for the due execution thereof. 186 , and in the X Y Eegistrar. l. s. See Oaths page uatea i it J^onaon tne aay oi 216. year of our Eeign. Eequisition. Issued by L M London, Solicitor ( Plaintiff for the < or ( Defendant. 54 EETUEN OF EXAMINATION BY DISTEICT EEGISTEAE, &c. In Heb Majesty's Court of Probate. A B v. C D Return of Ex- amination be- fore District Registrar or other person. taken before me a Witness pro- of the above-named the District Eegistrar The Examination of duced, sworn and examined on the part Plaintiff, or 1 , Defendant f of the said Court, for the town and county of this day of 186 , Pursuant to the Order of the Eight Honourable Sir Dated the day of 18 , herewith annexed. (Here follows the Deposition). I, the aforesaid do hereby, in pursuance of the aforesaid Order certify that this and the foregoing sheets of Paper do contain the Examination, Cross-Examination, and EoExamination of the above-named "Witness. Given under my hand and the seal of the District Eegistry of the said Court, this day of 18 . L M, District Eegistrar. Seal. RETURN OF EXAMINATION, ETC. 233 RETURN OF EXAMINATION BY SPECIAL EXAMINEE. 55 In Her Majesty's Court of Probate. K v. S and others. Deposition of Widow, a "Witness sworn and 5 0tn ™ °£ examined the day of 186 , in the by Special ahove Cause at , before, me, W D ; Examiner. Special Examiner, appointed by an Order of the Court, dated the day of 186 . (Here follows the Deposition). I, W D , of New Square, Lincoln's Inn, in the County of Middlesex, Barrister-at-Law, certify that the evidence contained in this and the preceding pages was taken by me in the presence of the parties attending on the day of 186 . W D [Seal] SUBPCENA TO A WITNESS TO BE EXAMINED TOUCH- KR ING A TESTAMENTAEY PAPER OF WHICH HE IS SUPPOSED TO HAVE KNOWLEDGE. Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. wlKa? *° To of , Greeting. We command you, that, all other things set aside, and ceasing every excuse, you do appear before A B , the Judge of our Court of Probate, at our Court of Probate, at on the day of 18 , by of the clock in the forenoon of the same day, and so from day to day until you be dismissed by our said Judge, to testify the truth according to your knowledge [or to answer to certain interrogatories to be administered to you], touching a certain Paper Writing or Script, being or purporting to be Testamentary, to wit, [here describe the Script, and give its date as accurately as possible], of which said Paper Writing or Script reasonable grounds have been furnished to our said Judge' for believing that you have knowledge. And this you shall in nowise omit, under the penalty of £100. Wit- ness [insert the name of the Judge], at the Court of Probate, the day of 18 , in the year of Our reign. E F, Registrar. [Name of the Practitioner and Address.] 57 234 APPENDIX. WEIT OF FIEEI FACIAS AGAINST PLAINTIFF'S GOODS FOE PAYMENT OF COSTS, &c. In Her Majesty's Court of Probate. Writ of Fieri Victoria, by the Grace of God of the United Kingdom of Facias. Q rea t Britain and Ireland, Queen, Defender of the Faith, To the Sheriff of our County of Greeting, We command you that of the Goods and Chattels of J S , in your Bailwick, you cause to he made the sum of £ , for certain Costs in which the said J S was lately before our said Court of Probate, in a certain Cause there depending, wherein J S "was Plaintiff and S H was Defendant condemned, and which Costs have been taxed and allowed by one of the Eegistrars of our said Court, at the said sum of £ and which said sum of £ was by an Order of the Eight Honourable Sir Knight, the Judge of our said Court, bearing date the day of 1867, ordered to be paid by the said J S to the said S S , or to Messrs. M and G , her Solicitors, or to one of them, within one week, together with the sum of £ , the Costs of the said Order. And the further sum of £ , being the Costs ordered to be paid by the said J S by another Order of the said Judge, dated the day of 1868, and that of the Goods and Chattels of the said J S in your Bail- wick you further cause to be made interest upon the said sum of £ , at the rate of £4 per centum per annum, from the day of last. And that you have that money and interest before our said Court immediately after the execution hereof, to be paid to the said S S , or to the said Messrs. M and G , or to one of them, in pur- suance of the said Order. And that you do all such things as by the Statute passed in the second year of our reign you are authorized and required to do in this behalf and in what manner you shall have executed this our Writ make appear to our said Court immediately after the execution thereof, and have there then this Writ. Witness the Eight Honourable Sir , at Westminster, the day of 186 , in the year of our Eeign. ENDOESEMENT. By the Court. Levy £ and interest from the day of 1868, together with £ for this Writ and Warrant thereon, besides Officers' Fees, Sheriffs, and all other legal and incidental expenses. wbits. 235 This Writ is issued by M and G , of , in the County of Middlesex. The within named J S is a (Blacksmith) and resides at in your Bailwick. PE^CIPE FOE FIEEI FACIAS. In Her Majesty's Court of Probate. S v. S Praecipe for "Writ of Fieri Facias against Plaintiff's Goods on p ra , C i pe , the part of the Defendant for the sum of £ (Signed) M & G, Street. 23rd February, 1868. WEIT OF SEQUESTEATION AGAINST EEAL AND PEESONAL ESTATE. 58 Victoria^ bv the Grace of God, of the United Kingdom of Great Writ of Britain and Ireland, Queen, Defender of the Faith, sequestration. To of Greeting, Whereas by a Decree or Order dated the day of 1 8 , made in and by our Court of Probate in a Cause wherein was and is Plaintiff, and was and is Defendant, it was decreed and ordered that a Sequestration should issue against- the real and personal estate of the said in order to enforce the payment of the sum of £ being the amount of the costs of the said Defendant in the said Cause, as taxed and certified by one of the Eegistrars of our said Court. Know ye therefore that we, in confidence of your prudence and fidelity, have given, and by these presents do give unto you full power and authority to enter upon all the messuages, lands, tenements, and real estate whatsoever of the said and to take, collect, receive, and sequester into your hands not only all the rents and profits of h said messuages, lands, tenements, and real estate, but also all h money, securities for money, goods, chattels, and personal estate. And therefore we command you that you do, at certain proper and convenient days and hours, go to and enter upon all the messuages, lands, tenements, and real estate of the said , and that you do collect, take, and get into your hands not only the rents and profits of h said real estate, but also h moneys, securities for money, goods, chattels, and personal estate, and 236 APPENDIX. detain and keep the same under sequestration in your hands until the said shall pay the sum of heing the amount of the aforesaid costs, or clear h contempt, or our said Court make other order to the contrary. Witness the Eight Honourable Sir , Knight, at Westminster, the day of in the year of our reign. This Writ was taken out by (PrEecipe, see page 235). gg WEIT OF SEQUESTEATION AGAINST EEAL ESTATE. In Her Majesty's Court op Probate. Victoria, by the Grace of God of the United Kingdom of Sequestration Great Britain and Ireland, Queen, Defender of the Faith, To against A B , of , in the County of real Estate. Sheriff's Officer ; C D , of , Assistant to the said A B ; E F , of , Assistant to the said A B Greeting, Whereas by a Decree or Order dated the day of 18 , made in and by our Court of Probate in a Cause wherein G H was and is Plaintiff, and I J was and is Defendant, it was decreed and ordered that a Sequestration should issue against the real Estate of the said G H , in order to enforce the payment of the sum of £ being the amount of the Costs of the said Defendant in the said Cause, as taxed and certified by one of the Eegistrars of our said Court. Know ye therefore that we in confidence of your prudence and fidelity have given, and by these presents do give, unto you any three or two of you full power and authority to enter upon all the messuages, lands, tenements, and real estate whatsoever of the said G H , and to take, collect, receive, and sequester into your hands all the rents and profits of his said messuages, lands, tenements, and real estate. And therefore we command you, any three or two of you that you do at certain proper and convenient days and hours go to and enter upon all the messuages, lands, tenements, and real estate of the said G H , and that you do collect, take, and get into your hands the rents and profits of his said real estate, to detain and keep the same under sequestration in your hands until the said G H shall pay the sum of £ , being the amount of the aforesaid Costs, clear his contempt, and our said Court make other Order to the contrary. Witness the Eight Honourable Sir Knight, at Westminster, the day of This Writ was issued by (Prfecipe, see page 235). WRIT OF SEQUESTRATION AND ASSISTANCE. 237 WEIT OF SEQUESTEATION AND ASSISTANCE. 60 Victoria, by the Grace of God, of the United Kingdom of w . rft of s eB . Great Britain and Ireland, Queen, Defender of the Faith, To tration and As the Sheriff of our County of , as well present as for 8istance - the future, Greeting, Whereas in pursuance of an Order made in a certain Cause depending in our Court of Probate between T B , Plaintiff, and H B , C P , and E B , Defendants, a Sequestration bearing date the day of 18 , issued under seal of our said Court directed to C T A , of , Sheriff's Officer, T D , of , Assistant to the said C T A , J W B , of Auctioneer's Assistant, and J C , of , Auctioneer's Assistant, whereby full power and authority was given unto them, any three or two of them, to enter upon all the messuages, lands, tenements, and real estate whatsoever of the said T B , and to take, collect, receive, and sequester into their hands all the rents and profits of his said messuages, lands, tenements, and real estate, and they were commanded to go to and enter upon the said messuages, lands, tenements, and real estate, to collect, take, and get into their hands the rents and profits of the said real estate and detain and keep the same under Sequestration in their hands until the said T B should pay the sum of , being the amount of the Costs of the said Defendants, and clear his contempt, or our said Court make other order to the contrary. And Whereas, on reading the Affidavit to the said C T A , sworn on the day of 18 , it appeared that pos- session of a certain freehold cottage or tenement and premises, the property of the said T B , and in his occupation, situate in had been legally demanded by the said C T A and J W B , two of the Sequestrators aforesaid, but that the said T B had refused to comply with the said demand, and still detained and kept possession of the said freehold cottage or tenement and premises, the Eight Honourable the Judge of our said Court did, by his Decree made in the said Cause, on the day of 18 , order that a further Sequestration in the nature of a Writ of Assistance should issue, under seal of our said Court, directed to the Sheriff of our County of , to enter upon the said freehold cottage or tenement and premises of the said T B , situate in and to put the said C T A , T D , J W B , and J C , or any three or two of them, into possession thereof. Know ye, therefore, that we being willing and desirous that justice should be done to the said 238 APPENDIX. H B , C P and E B , in this behalf do give unto you full power and authority to place and put the said C T A , T D , W B , and J C , or any three or two of them, without delay, into the full, peaceable, and quiet possession of the said freehold cottage or tenement and premises, with their appurtenances, and from time to time, as often as there shall or may be occasion to maintain and keep them and their assigns in such peaceable and quiet possession according to the intent and true meaning of the said original Sequestration, and of the orders of our said Court, and therefore we do hereby command and enjoin you that, immediately after your receipt of this Writ, you do go and repair to and enter into and upon the said freehold cottage or tenement and premises, and that you do remove, eject, and expel the said T B , his tenants, servants, and accomplices, each and every of them, out of and from the said cottage and premises and every part and parcel thereof, and that you do place and put the said C T A , T D ,J W B ,andJ C , or any three, or two of them into the full, peaceable and quiet possession thereof, and defend and keep them in such peaceable and quiet possession when and as often as any inter- ruption may or shall, from time to time, be given or offered to them or any of them, in order that they or any three or two of them may take, collect, receive, and sequester into their hands all the rents and profits of the said freehold cottage or tenement and premises, and detain and keep the same under sequestration in their hands until the said T B shall pay the sum of £ , being the amount of the aforesaid Costs, or clear his contempt, according to the true intent and meaning of the original Sequestration and of the Orders of our said Court, and herein you are not in anywise to fail. Witness the Eight Honourable Sir Knight, the Judge of our said Court, at Westminster, the . day of in the year of Our reign. Writ of Sequestration ) and Assistance, f B & Son, Eed Lion Square, Solicitors. Praecipe, see page 235). LIST OP FORMS. 239 FOEMS WHICH MAY BE OBTAINED IN THE PEIN- 61 CIPAL KEGISTEY. Order for Notation of Domicile. Order for Alteration of Grant. Order for Eenunciation of Executor to whom power has been Beserved. Order for Appointment of Guardian. Order for Eevocation of Grant. Order for Grant after Citation to Accept or Eefuse. Order for Grant after Contentious Proceedings. Order for Grant after Conditional Order. Order for Subpoena to bring in Testamentary Paper. Order for bringing in "Will for Safe Custody on Eenunciation of Executors, &c. Order to Found Jurisdiction of County Court. FOEMS USED IN THE PEINCIPAL EEGISTEY, WHICH MAY BE OBTAINED FEOM THE STATIONEES. NON-CONTENTIOUS. Affidavit of Attesting Witness. Affidavit. — Inland Eevenue. — For Executors. — Leasehold and No Leasehold. Affidavit. — Inland Eevenue. — For Administrators with the Will. — Leasehold and No Leasehold. Affidavit. — Inland Eevenue.- — For Administrators. — Leasehold and No Leasehold. Oath for Executor. Oath for Administrators with the Will. Oath for Administrators. Oath for double Probate. Oath for Administrators de bonis non. Oath for Administrators with the Will de bonis non. Probate. Letters of Administration with the Will annexed. Letters of Administration. Administration de bonis non. Administration Bond. Administration with the Will Bond. Declaration of the Personal Estate and Effects of a Testator or an Intestate. Justification of Sureties. Election by Minors of a Guardian. Eenunciation of Probate and Administration with the Will annexed. 240 APPENDIX. Kemmciation of Administration. Affidavit — Inland Eevenue — For Executors, including Scotch Property. Affidavit — Inland Eevenue — For Administrators with the Will, including Scotch Property. Affidavit. — Inland Eevenue. — For Administrators, including Scotch Property. Additional Affidavit and Schedule, Inland Eevenue. — For Irish Property. Subpoena in a Proceeding in Common Form to hring in a Script. Affidavit of Handwriting. Affidavit of Plight and Condition and Finding. Affidavit of Search. Warning to Caveat. Affidavit as to Interlineations and Alterations. Affidavit for Increasing the Amount of the Estate. Affidavit of a Marksman. Certificate of Delay. CONTENTIOUS. Praecipe for Citation. Declaration in a Cause. Affidavit of Scripts. Notice as to Mode of Trial. Subpoena ad testificandum. Subpoena duces tecum. Praecipe for Subpoena ad Test. Praecipe for Subpoena duces tecum. Notice to admit Documents. Notice to produce Documents. Summons. Order. Affidavit of Service of Citation. Affidavit of Service of Warning. Affidavit of Service, &c. Affidavit of Search for Appearance. Setting down Cause. Notice of having set down Cause. INDEX. 241 INDEX. ABSTEACT of Citation- How settled How advertised ..... Form of ...... ADMINISTRATION— Power of the Court to grant, under special cir- cumstances .... Application for, Papers where left Parties entitled to . How obtained from Sealer] Application for, may in every case be made to Principal Eegistry Given in Evidence . ADMINISTRATION WILL— Granted under Special circumstances . "Where prepared .... How obtained from Sealer Application for, may in every case be made to Principal Eegistry . Given in Evidence ADMINISTEATOE— Pendente Lite . Inventory and Account of Eegistrar's selection of Motion to appoint, see Testamentary cause ADMIEALTY COUET . ADMIEALTY EEGISTEY ADVERTISEMENT— For information as to party, form of . ADVOCATES AFFIDAVIT OF SCEIPTS— Testamentary Papers brought in with See Testamentary Cause . Eules as to . PAGE 80 80 161 21 37 76 40 31 21 21 37 40 31 21 21 144 145 118 8 50 161 16 69 112 to 117 112, 113 242 INDEX. AFFIDAVIT— To found Jurisdiction of County Court Evidence by Before -whom sworn .... Of Non-appearance for District Eegistry, whom sent ..... Of Non-obedience to Subpoena . To lead Citation, what contained in . By Creditor Of service of Citation Of efforts to serve Citation To lead Citation v. Minors and Infants To lead Citation, to contain name of agent To lead Citation v. Heir-at-Law or person terested in real Estate Jurat of . How endorsed and folded . Before whom sworn Non-contentious Rules as to Contentious Rules as to Forms of — see Table of Contents. AGENT — Citation served on ALTERATION OF GRANT ANSWER TO PETITION APPEAL, Divorce, to full Court . To House of Lords . APPEAL, Probate, to House of Lords See Testamentary Cause . APPEAL from County Court APPEALS COURT . APPEALS REGISTRY . APPEARANCE— Where entered To Citation, search for To Citation entered Registrars' Orders, as to APPOINTMENT for Taxation of Costs— Where sent from ARCHDEACONRY OF SURREY- Registry of ARCHES COURT . by ' PAGE 31 18 23 45 78 75,79 81 81 85 86 87 93 93 113, 114 . 92, 93 112, 113 , p. VII, and Appendix 79 151 106 28 28 19 135 31 13 51 41 81 86 110, 111 41 52 7 243 PAGE 50 19, 133, 134, 136, 137 INDEX. AECHES EEGISTEY ASSIZES— Issue tried at . ATTACHMENT— Where issued . For Non-obedience to Subpoena Eor Non-obedience to Citation See Writs And Praecipe, Forms of ATTENDANCE WITH DOCUMENTS, application for ATTOENEY— Citation by ...... . BAEEISTEES BASTAED . BILLS OF COSTS— Contentious and Non-contentious. Wbere brought for taxation 41 66 89 140 167 37 74 16 55 41 Taxation of 145 to 147 BOND— Assignment of 89 Assignment of, form of .... . 169 For Security for Costs, form of . . . .168 To be executed by Beceiver of Eeal Estate ) , » pending Suit, form of . . . J BEOTHEE— Citation by ....... 76 CALENDAE-KEEPEE . . . .41 CAVEAT— Entry of, on issuing Citation . . 79 Fees for .79 Contentious Bules as to . . . . . 109 Non-contentious Eule as to . . . . 79 Books where kept . . . . . .109 CHILDEEN of deceased Child, Citation against . . 77 CITATION, to Accept or Eefuse— Nature of 71 Different kinds of ... . .72 Howto draw ..... .72 Draft of, settled by Eegistrars . . 72 Draft, where brought for Settlement . . 41 Intimation in ....... 69 Affidavit to lead .... -.78 Affidavit to lead, what to contain . . .78, 79 Where issued ....... 41 r 2 244 CITATION, — to Accept or Kefuse, continued PAGE Will brought in on issuing Opposition to party served -with Interest of parties to .... 69 72 73 Clearing off interests by . Against Executor . . . . 73, 74 74 By Kesiduary Legatee .... By Legatee ...... By Creditor ...... 74 75 75, 77 By Brother or Sister 76 By Nephew or Niece By Child By Grandchild ..... 77 77 77 Against children of deceased child Against all persons in general . By Attorney ...... How written ...... 77 80 74 79 Where issued .... 79 Papers brought with ..... Caveat to be entered on issuing 79 79 Fees for Caveat on issuing To be signed ...... 79 79 To be sealed ...... 79 How served ...... 80 Personal service of . 80 Service on Agent of . Service of, on Queen's Proctor . 79 55 Service of, on Solicitor for Duchy of Lancaster 55 Minors and Infants, how served with 81 Service of, on Lunatic .... Service by advertisement of 81 80 Abstract of, how settled Advertisement of abstract of . . , 80 80 Endorsement of service of 81 If appearance to, not returned . Eeturn of, if no appearance Affidavit of service of ... . 81 81 81 Evading service of 81 Eesidence of party to be served with, not known Search for appearance to . If no appearance to, mode of procedure If appearance to, mode of procedure . Attachment for non-obedience to 81 81 81 82 89 Eules as to 78, 79 , 80, 81 Forms of — see Table of Contents, p. VIII. anc I Appendix, INDEX. 245 CITATION,— in Contentious Business. Varieties of ... . Different effect of Where extracted Affidavit to lead required . Caveat to be entered . Notice to District Registrar Caveat to be renewed Citation may "be written or printed Praecipe, form of To be signed and sealed — v. minors and infants . How served .... Party cited not obliged to enter appearance to Mode of proceeding, if no appearance to Abstract of ... . Abstract inserted in newspapers Agent to be named in Appearance to . Non-appearance to Personal service of, if not effected Costs of, on taxation Draft of, to be filed . Fees for . Attachment for non-obedience to Rules as to . Mode of obtaining grant after discontinuance of 1 proceedings under ..... J Forms of, see Table of Contents, p. VIII. and Appendix. PAGE 83 83 84 84 85 85 85 85 85 85 85 .' 85 ,86 . 83 ,84 . 83 ,84 86 86 86 86 86 86 88 88 88 89 .'84, 85 83 84 IX. and CITATION, — to see proceedings. "Who may extract "When to extract — v. heir-at-law — v. person interested in real estate Form of . 86 87 87 87 174 CITATION, — for inventory and account. Caveat not required . "Who may extract Time to issue .... Form of . 85 88 88 188 CITATION, — to show cause why Bond should not be \ assigned j 89 246 INDEX. CITATIONS,— Cases of, which issued from the page Prerogative Court. To accept or refuse Grants . . . 195 to 198 Against parties who intermeddled in the goods ) jg g of the deceased ...../ In contentious business .... 198 to 204 For inventory and account . . . 204 to 207 CLEBK OF THE PAPEES . CLEEKS OF THE SEATS CLEEKS TO THE EEGISTEAES COLLEGE— Doctors' Commons . COLLUSION .... COMMISSION, — for examination of "Witnesses in a ) Suit. — Form of . . . J With directions to employ an Interpreter — Form of And to examine on Interrogatories — Form of Oaths on . 40 37 36 5 27 207 208 209 215, 216 . 16, 23 37 81 COMMISSIONEES — for taking oaths COMMISSIONS,— for taking oaths where registered COMMITTEE— COMMON FOEM BUSINESS— By whom transacted ..... 37 CONJUGAL EIGHTS,— Eestitution of . . 26 CONSENT to Joint Grant— Form of .... 210 CONSISTOEY COUET 14 CONSISTOEY EEGISTEY 50 CONTEMPT— Attachment for 89 Form of , . 167 CONTENTIOUS BUSINESS— Nature of ... 62 By whom transacted ..... 40 CONTENTIOUS PEOCEEDINGS— see Discontinuance of CONVOCATION— Eecord Office .... 54 COPY given in Evidence ...... 21 COPY OF COPY of a Will— Citation to propound . 189 COPY of Lost Will Citation to accept or refuse Probate or Adminis- tration of ... 179 INDEX. CO-EESPONDENT COEEESPONDENCE DEPARTMENT COSTS— Divorce COSTS— (Probate) . Taxation of Application for Security for COUNTY COUET— Testamentary jurisdiction of Powers of Judges of . Eegistrar's Certificate of Decree of Not obligatory to apply to . Affidavit to found jurisdiction of Appeal from COUET— Admiralty . COUET— Appeals COUET— Arches COUET— Consistory . COUET— of Delegates COUET OF DTVOECE— Establishment of Where field Judges of. Judge Ordinary of . Absence of COUET— Prerogative . COUET of Probate. Establishment of Appointment of Judge of . Where held Judge of, may sit in Chambers A Court of Eecord . Power of, to enforce attendance of Deeds Other Judges may sit for Judge Powers of, as to Jury Business of, defined . Power of Eegistrars of COUETS— Ecclesiastical . and production! of 247 PagH 27 44 28 21 22 118 29 30 30 31 31 31 8 13 7 14 13 24 25, 29 24 25 25 11 15 15 23 22 17 17 19, 22 19 61 62 248 CEEDITOE— Citation by ... Affidavit of Father Cited by- Citation of "Widow, Children and Grandchildren by CEIM-CON— Action for, Abolished .... DAMAGES DECLARATION instead of Inventory DECLAEATION instead of Oath .... DECLAEATION in a Suit- See Testamentary Cause . See Interest Cause See Orders on Summons . DECEEE of Separation may be reversed DELEGATES, Court of . , . DEMUEEEE, see Testamentary Cause DEPAETMENTS of Principal Eegistry DEPOSITOEY for Wills of living persons Instructions to Depositors . DISCONTINUANCE of Contentious proceedings 83,84, 137, 148 PAGE . 75, 77 . 75, 79 76 77 27 27 . 224 22 118, 119, 120, 121 138 221 27 13 124 36 47 DISTEIBUTION of Intestates' Estates DISTRICT EEGISTEIES, Establishment of Probate or Administration granted by Not obligatory to apply to Schedule of Wills received from . DIVOECE COUET— Establishment of Where held Judges of Judge Ordinary of . Absence of DIVOECE EEGISTEY . DOCTOES' COMMONS . DOMICILE— Order for Notation of DUCHY OF LANCASTEE, Notice to Solicitor for Citation served on Solicitor for . ECCLESIASTICAL COUETS .... 75, 76, 77 57 57 58 59, 60 69 24 25, 29 24 25 25 49 5 152 55 55 1 ELECTION— Form of To renounce, Form of ENGEOSSMENT OF WILL— By whom prepared in the Eegistry Where Examined ENTRY ON EECOED— See Testamentary Cause . EVIDENCE, Divorce, Eules of . EVIDENCE— Probate Witness ill or out of jurisdiction Eules of . Notice as to . Probate, Administration, or copy given in . See Testamentary Cause . EXAMINATION of Witnesses . Oral .... EXAMINEES of Engrossments . EXECTTTOE— Modes of clearing off How sworn EXEMPLIFICATION of Probate or Administration By whom prepared . FACULTY OFFICE . FEES, Probate, Paid in Stamps . FEES, Divorce, Paid in Stamps . FIEEI FACIAS, See Writs FOEMS, List of, obtained from Principal Eegistry FOEMS, List of, obtained from Stationers . FUETHEE PLEADINGS— See Testamentary Cause .... GEANTS— Various kinds of .... How taken ...... Scotch, Papers where taken Irish, Papers where taken .... Obtained from Sealer .... GUAEDIAN, Appointment of ... . Appearance by ..... 249 PAGE . 211 . 212 42 43 134, 135 28 18 18 21 21 130 17 18 43 73, 74 94, 95 42 54 22 29 140 239 239, 240 . 133 77 77 43 43 44 150 217 250 INDEX. HEAEING OK TEIAL— PAGE See Testamentary Cause . . 131,132,133 HEIE-AT-LAW . 19, 20 Cited 87 Affidavit to lead Citation of 87 Summons to appear as ... . 87 See Testamentary Cause . . 118 INFANTS— Ages when stated ..... 78 How served with Citation. 81 INTEEEST CAUSE— Definition of ..... . 137 Commencement of 138 Propounding Interest in . 138 Denying Interest in . ... 138 Pleading in ... 138 Time to deny Interest in . 138 Interest Proved in .... . 138 Declaration in . 138 Plea in ...... 139 INTEEEST OF PAETIES— Time of Commencement of 75 Statement of . 77 INTEEMEDDLING EXECUTOE— Citations against ...... 198 INTEEVENE (Divorce) Queen's Proctor leave to . 55 INTEEVENE (Probate) Application for leave to, See Testamentary Cause ..... 118 INTEEVENEES , 20, 88 INTESTACY 75 76,77 INVENTOEY, Application for, See Testamentary Cause 118 Form of ....... . 213 INVENTOEY AND ACCOUNT— See Citation for ...... 88,89 IEISH GEANTS— Papers where taken ...... 43 ISSUE— Trial of, at Assizes — see Assizes JUDTCDAL SEPAEATION 26 JUEY,— Powers of the Probate Court as to . 19 Questions may he tried by special or common 19 Questions for, to be in writing .... 19 INDEX. 251 PAGE JUSTICES, — In Petty Sessions, power of . . 26 LEGATEE,— Citation by 75 LEGITIMACY,— Declaration 29 LITEKAEY DEPARTMENT— Rules of . . . 46 LIVING PERSONS— Wills of, may be deposited . 47 LUNACY OEEICE— Wills brought from ... 69 LUNATIC,— How cited 81 MAGISTRATES,— Power of Police .... 26 MARKING A WILL 95 MARRIAGE LICENCES— Where obtained 50, 51, 54 Special, where obtained . . . . . 54 MARRY AGAIN— Parties may 28 Clergymen not compelled to perform marriage ) 9R service . . . . . . .J MARSHAL of the Admiralty Court . . . . 56 MINORS— Ages, when stated . . . . . . 78 How served with Citation . . . . . 81 MONEY,— Paid into and out of Court . . . 141 MOTHER,— Grant to 76 Citation of . . , . . .76 MOTION— Ex parte. Will brought in for 68 Subjects of 90 Proceedings in 90 Papers brought in for . . . . . 90 Form of Statement for . . . 90,213,214 Form of Prayer in Statement for . . . 91 Affidavit in support of . . . . 92 Papers when brought in for . . . 93 Pees for 93 Stamps not affixed to Papers for . . 94 Time of hearing .... .94 Order on, how entered ... .94 Copy order on, how obtained .... 94 Directed to stand over ..... 94 Executor or Administrator in London, how ) ~ , sworn after ...... J 252 MOTION, — Ex paete, continued. Executor or Administrator in the Country, how \ sworn .... . . } Engrossment of Will, how prepared after . "Will to he returned after Executor sworn in I the Country after .... J Papers handed to Beeeiver after Grant ohtained after ... District Eegistry, papers returned to, after . MOTION, — After Citation to accept or refuse. Proceedings in ..... Papers how endorsed .... Appearance Book to he searched Affidavit of non-appearance Statement, particulars of, in Registrars' directions respecting . MOTION,— In Contentious Business. Nature of ...... Mode of trial, copy notice filed on Notice of . Order on, how drawn . , . . Copy order on when served For directions as to mode of trial, see Testa- ' mentary Cause ..... j MOTION,— Statement or Case, forms of . . 213, 214 NEPHEW,— Citation hy 77 NEW TRIAL,— See Testamentary Cause . . .135 NEXT OF KIN,— Citation of 75 Meaning of Term ...... 76 NIECE,— Citation hy 77 NO KNOWN RELATION,— Citation against all [ PAGE 95 95 95 95 96 96 97 97 97 97 97 98 99 99 99 99 129 persons in case of NON-CONTENTIOUS BUSINESS,— Nature of. NOTARIES, — Office for Instruments for creating NOTATIONS,— By whom made . NOTICE,— As to mode of trial .... To admit and produce Documents Of Appeal ...... OATHS, — Commissioners for taking By Commissioner, Witnesses, Clerk, and ) Interpreter, on Commission . . J J 80 62 54 40 125 129 136 16,22 215, 216 INDEX. OBTAINING GBANT— after Contentious Pro ceedings, see Testamentary Cause . OFFICE,— Faculty Vicar General's .... Queen's Proctor's .... Marshal of the Admiralty's OEDEE, — Judge's, dismissing party from custody On Summons, where obtained . 253 PAGE OEDEES, — Eegistrars', Forms of, where obtained See Chap. IX. , Miscellaneous ...... For Probate to be attached to new Engrossment For Exemplification of Affidavit For Joint Grant ..... On non-appearance of representative of Executor Giving Grant to next-of-kin instead of widow After Citation by representative of Executor v. \ Executors to whom power was reserved . J After Citation, appearance and renunciation of 1 party cited ...... J For Administration to issue notwithstanding | fourteen days from death not elapsed . J To bring in Security for Costs . OEDEES ON SUMMONS— Appearance — By Husband To Amend .... By Guardian .... Leave to enter, as Guardian By Heir-at-Law Affidavit of Scripts — For leave to File after time For leave to File further . For leave to File further and fuller . For, to be waived ..... Administrator Pendente Lite — - For, to File his Accounts .... For Accounts of, to be referred to Eegistrar Caveat — For Grant to issue notwithstanding . For Leave to Subduct .... Contradictor — For Admission of . . 1 136, 137 54 54 55 56 140 40 41 148 to 153 154 154 155 155 156 157 158 159 159 216 216 217 217 217 217 217 217 217 217 218 218 218 218 254 INDEX. OEDEES ON SUMMONS— continued. page Causes — For Consolidating 218 Commission — For leave to Issue ...... 218 For enlargement of return of . . . 219 Change Practitioner — For leave to 219 Compromise — For time to complete . . . . .219 Contentious Proceedings discontinued — For leave to have ...... 219 For leave to have, and Probate delivered out . 219 For want of Interest . . . . . .219 Costs — By Agreement, after discontinuance of Proceedings 220 For Eegistrar to ascertain Estate applicable for . 220 For BUI of, to be delivered .... 220 For Plaintiff to pay 220 For, to be in Cause ' . 220 For Security for 220 County Court — For discontinuance of Proceedings . . . 220 Discovert — Of Papers, &c 221 Declaration — For leave to File 221 For leave to Amend .... . 221 For leave to stay Proceedings on . . .221 Demurrer — To join issue on . . ... 221 To withdraw 221 For further time to File 221 Dismissing Party 221 Discharging Order 222 Examination in Court — For, touching knowledge of Will . . . 222 Extract Probate ... .... 222 Extract Administration 223 Intervene — For leave to 223 INDEX. 255 OEDEES ON SUMMONS— continued. PAGE Intervener — To set Cause down . . 223 To adhere to Executor's Declaration . 223 Issue — Leave to Deliver . 223 Further time to Deliver . . 223 Inventory and Account — Further time to Bring in . . 223 Inventory — To he Filed .... . 223 Declaration instead of . 224 Jury — Order for Special, discharged 224 Propound — Paper "Writing . . 224 Interest ...... . 224 Plea — To Deliver . . . . . 224 To File . 224 Further time to File . 224 Plead Destroyed "Will and further 224 Withdrawn . . . . . 224 Particulars of . . . 225 Amended. . 225 Petition — Leave to File Answer to . 225 Instead of Declaration 225 Proofs after time . 225, 226 Photograph Copy op Will — Leave to take . . 226 Money Paid out op Court . . 226 Eeplication — Further time to File . . 226 Amended ...... 226 Eevive Cause 226 Eecord — Leave to Deposit . . 226 Time to Deposit, expired . 226 Amended . . . . . . 227 Eegistrar's Eeport — To confirm 227 256 OEDEES ON SUMMONS— continued. Shoet Notice op Tbial — To be taken , Stating Proceedings — Until another Cause be heard . SUBPCENA NOT OBEYED To File Affidavit of reason why . Sureties — For three instead of two . Senior Practitioner — To have custody of Probate Withdraw from Suit — Leave to . Witness ill — Cause postponed .... Witness in District — District Eegistrar to Examine . Witness Absent — Trial postponed .... PAPEES, — Power of Court to enforce production of Testamentary, how brought in on Subpoena How endorsed , How folded ..... PAETIES Entitled in distribution, Citation of PAUPEE SUIT,— (Divorce) PAUPEE SUIT,— (Probate). Case to be laid before Counsel in Order of Judge required in Costs in . page 227 227 227 227 227 228 228 228 228 17 63 93 93 77 28 139 139 139 PAYING MONEY,— Into and out of Court PENDENTE LITE ADMINISTRATION— See trator. PEESONAL APPLICATIONS DEPARTMENT PERSONS, — Dying without known relations, — Citation against all persons in case of PETITION,— (Divorce) . For dissolution of marriage, how heard . Wife or husband may present 141, 226 Adminis- 45 80 25 27 INDEX. 257 PETITION,— (Probate). page Former practice on 105 Questions heard on 105 Eules on 106 Pees for . , . . . . . . 1 06 Answer to ] 06 Conclusion to . . . . . . .106 Notice of, to be given 107 Proofs of, when filed 107 Summons in proceedings by . . .107 Setting down, for hearing 107 Mode of hearing 107 Pees for hearing 107 Form of 107 Answer to, form of 107 PLEA,— See Testamentary Cause . . . 121, 122 Particulars of . . . . . . .123 See Orders on Summons ..... 244 Form of 124 See Interest Cause . . . . . .139 See Orders on Summons ..... 224 PLEADINGS,— Further, see Testamentary Cause . 133 PBEE0GATP7E COUKT 11 PEINCIPAL EEGISTBY— Business of ...... 34 Eegistrars of 34 Departments of 36 PEOBATE— Given in Evidence 21 Papers where left on application for . . 37, 43 How obtained from Sealer .... 40 Where prepared ...... 37 Application for, may in every case be made to ) „, Principal Eegistry . ' PEOBATE COTJET— Establishment of "Where held .... A Court of Eecord . Power of, to enforce attendance and produc tion of deeds Powers of, as to Jury Business of, defined . PEODTJCTION of Papers— See Discovery PEOOFS in proceeding by Petition 15 23 17 17 19 61 . 221 107, 225, 226 s 258 INDEX. PEOPOUND Interest Paper "Writing QUEEN'S PEOCTOE, Office of , Notice to ..... Citation served on . Leave to intervene in Divorce Cause . QUESTIONS for the Jury to be in writing Where brought for Settlement . See Testamentary Cause . EEAL ESTATE— Persons interested in Decree of Court binding on persons interested in. Eeceivers of, pendente lite Eeceivers of, remuneration of . Persons interested in, cited Party interested in, when summoned to appear EECEIVEE of Eeal Estate- Duties of ...... Eemuneration of ... Security required from .... Inventory and Account of Motion to Appoint, see Testamentary Cause EECOED, see Testamentary Cause EECOED-KEEPEES EEGISTEAES, Probate Court- Appointment of .... . Duties in the Eegistry of . Duties in Court of .... . Division of Duty amongst .... Power of Surrogates vested in Duties and Powers in Divorce Court . Clerks to ...... EEGISTEAES' OEDEES— Eorm of, where obtained . 41 Seo Orders 148 to 159 PAGE 224 224 55 55 55 55 19 41 128 20 20 21 21 87 87 43 21 21 144 118 126, 127 37 16 34 35 35 62 35 36 EEGISTEIES, District . . . . Establishment of , Probate or Administration granted at Not obligatory to apply to Schedule of EEGISTEY— Principal Divorce .... 57 57 57 58 59, 60 34 49 PAGE. 259 EEGISTEY— continued. Admiralty Arches Consistory- Appeals . Surrey Archdeaconry of Surrey BE-HEABING, — Cause, see Testamentary Cause EELATIONS, — Persons dying without known EENUNCIATION— Will brought in on . Of Probate and Administration Will, form of Of Administration, form of Of Guardianship, form of . RENUNCIATION AND CONSENT,— Form of EEPLICATION,— See further Pleadings . EEQUISITION, — For examination of Witnesses, form Citation "by of EESIDUAEY LEGATEE, Various kinds of EESTITUTION,— Of conjugal rights . EETUEN, — Of examination of Witnesses, form of EEVOCATION of Grant, Order for . EULES,— Probate Of Evidence ..... EULES — Divorce Of Evidence EULES, — County Court, framed or amended SCOTCH CONFIEMATIONS . SCEIPTS ,— See Testamentary Cause SEAL,— Probate Court Divorce Court . SEALEB — Duties of . Grants obtained from. SEAECHES,— Where made Tickets for, how obtained Tickets for, where taken SEATS,— Clerks of the Division of the f PAGE 50 50 50 51 51 52 135 55 68 228 229 230 230 133 231 74 . 74 26 232, 233 149 18 28 32 40, 43 114 16 25 44 44 37 41 41 37 38 260 INDEX. PAGE SEPARATION — Judicial 25 Decree of reversed ...... 27 SEQUESTRATION,— See Writs . . . .140 SETTING DOWN CAUSE —For trial or hearing, See Testamentary Cause . . . . 127 SISTER,— Citation by 76 SOLICITOR,— Eor Duchy of Lancaster, notice to . 55 Citation served on ...... 55 SOLICITORS 16 SPECIAL JURY— Panel, see Testamentary Cause . 131 STAMPS— Probate Fees paid in 22 Divorce Fees paid in ..... 29 SUBPOENA FOR WITNESS— Where issued 41 To be Examined touching knowledge of Testa- ) „ fi Testamentary Paper . . . . ) Form of 233 SUBPCENA— To bring in Will 63 When no Suit pending ..... 64 When Will cannot be brought in without . . 64 Affidavit to lead ...... 64 Nature of Affidavit to lead .... 64 Against whom to issue ..... 64 Registrar's Order for . . . . . . 64 Printed Form of, where obtained . . . 65 Printed Form of Order for, where obtained . . 65 Fees for 65 Service of ....... 65 Indorsement of . . .... 65 When to File 65 When Suit is pending ..... 65 Affidavit of Scripts sufficient to lead ... 65 Application to Judge for . . . . . 65, 66 Application to Registrar's for .... 66 Attachment for Non-obedience to ... 66 Affidavit of Non-obedience to .... 66 Directions on bringing in Will in obedience to . 67 Time to Issue 68 Time for Appearance to . . . . 67 Appearance entered to ..... 68 Costs for Appearance to , . . . , 6§ INDEX. 261 SUMMONS— When used How obtained . Fee for How drawn If cause to proceed . If cause to be discontinued For time [see foot note] Title of cause stated on For leave to intervene Service of Hearing of Non-appearance to Order on, by consent Form of Consent on . In Vacation, wbere beard Orders on, wbere obtained Forms of, 101, also see Orders on Summons SUEEEY EEGISTEY TAXATION,— Of Costs . Bill, wbere brought for Appointment for, wbere sent from TESTAMENTAEY CAUSE— Parties to . How commenced Caveat in, Eules as to Appearance in . Non-Appearance in . Citation not returned in . Appearance entered in Interest disputed in . Admission of Contradictor in Amendment of Appearance in Affidavit of Scripts in Affidavit op Scripts, in Eules as to How sworn To sbow Custody of Script Summons for leave to File Waived Filed by all parties . Of party having no Script Out of time in filing . How folded and endorsed Fees for . Forms of . Page 103, lines 6 to 14, apply only to Summonses in the Long 216 PAGE 100 101 101 101 102 102 102, 103 103 103 103 103 104 104 104 104 to 228 51 22 41 41 108 109 109 110 111 111 111 111 111 112 112 112, 113 113, 114 115 115 115 115 115 115 116 116 116, 117 Vacation, 262 INDEX. TESTAMENTARY CAUSE— continued. PAGE Sobipts in Definition of .... . 114 Annexed to Affidavit .... 115 How marked ..... 115 Not produced ..... 115 Mode of annexing .... 115 Fees for . 116 Pencil writing on ... . 116 Incidental peoceedings in ... . 117 Citation to see proceedings 117 Heir-at-law cited ..... 117 Persons interested in real estate cited 117 Motion for appointment of administrator pen-] dente lite ...... J 118 Appointment of receiver ..... 118 Application for inventory .... 118 Application for security for costs 118 Declabation in — ■ By whom delivered ..... 118 When delivered ..... 119 Amendment of ..... 119 Failing to deliver and file copy of 119 In case of two "Wills . 119 In default ....... 120 How written, folded and endorsed 120 Notice to plead on . 120 Time for filing 120 Leaving copy of .... . 120 Form of . .... 120 Plea in — When delivered ..... 121 Copy filed 121 Notice of intention filed with . 121 Amendment of ..... 121 Time to file next pleading after amendment of 122 Failing to deliver and file copy . 122 Amended rules- and orders as to . 122 Particulars of 123 Further ....... 123 Form of ...... . 124 Demurrer in ...... 124 Issue in . 124 Form of • 124 INDEX. 263 TESTAMENTARY CAUSE— continued. PAGE Notice, as to mode of trial in . Form of . 125 . 125 Motion, for directions as to mode of trial in . 126 Eecoed in ...... Form of 126, 127 126, 127 Setting down, for trial or hearing . 127 Questions for Jury in Form of 128 128 Notice to admit and produce in 129 Notice to admit Documents in . 129 Evidence in ... . 130 Special Juby Panel in . . 131 Heaeing or Trial in Fees for . . 131 132 Fees in . . 133 Trying issue at assizes in . 133 Entry on Eecord in . 134 New Teial of. . 135 Eehearing of . . 135 Appeal in Notice of . 135 . 136 Obtaining Grant after termination of . 136 TESTAMENTAEY PAPEES, how brought in By Subpoena 63 63 TEIAL OE HEARING— See Testamentary Cause . 131, 132, 133 TEYING ISSUE AT ASSIZES— see Assizes. TWO WILLS— Declaration in Case of . 119 VICAE GENEEAL'S OFFICE 54 WARNING TO CAYEAT— See Caveat . • WILL— Where brought to How brought in Brought in on Subp for Moti on Eenu from Lui on issuii :ena . Dn nciation lacy Office . ig Citation . 41 . Gl, 63 63 68 68 69 69 264 INDEX. WILL — continued. Brought in with Affidavit of Scripts . Sent from District Eegistry Not properly Executed In possession of Executor or other person WILLS PEOVED— Custody of . Where shown ..... WILLS OF LIVING PEESONS— Depository for . WITNESSES— Examination of .... Ill or out of Jurisdiction . Oral examination of PAGE 69 69 70 75 37 42 47 17 18 18 WELT— Of attachment, 140,167 Of Fieri Facias 140, 234 Of Sequestration . . . . . .140 Of S equestration against real and personal Estate ] „ „ k (form of) ...... j Of Sequestration against real Estate (form of) • 236 Of Sequestration and assistance (form of) . • 237