1
A
(Form No. 10) The Security Bond shall be given to the Registrar of the Supreme Court, who shall put the same in suit when directed by the Court so to do, and not otherwise. All such sureties shall be diligently and strictly exa- mined by the Court, or by the Registrar under the direction of the Court, as to their sufficiency, and shall be required to make oath that they are severally worth the sum for which they are about to enter into security. If no next of kin shall appear, or if having appeared and being opposed the Court shall con- Wil annexed to Re sider such opposition to be well founded, then Letters of Administration with the Will annexed shall be granted to the Registrar of the Supreme Court, provided he shall have given security as hereinafter directed, or to such other person as the Chief Justice shall think better fitted for the Office.
Administration with
gistrar.
Where no Will.
Affidavit of Death.
5. AND IT IS FURTHER ORDERED, That if there be no Will, and the Widow or Widower, or next of kin, shall apply for Administration, he or she shall file an affidavit (Form No. 1.) in the Supreme Court, as directed by the first rule, stating the death of the Intestate, and that the deccased left property within the Citation and Com jurisdiction of the Court; and shall move for a citation and commission of Ap- praisement as above directed, which shall thereupon issue. The Citation and Commission being returned and no opposition being made to the party apply- ing for Letters of Administration, or if being made it shall be overruled by the Court, the person so applying shall give security and take the oath as above also directed, whereupon Letters of Administration shall issue.
mission.
Administration next of kin, &c.
to
Where no will, and no next of kin, &e.
appears.
Administration to
Registrar
Registrar to inform thuse entitled to the residue of Estate.
Registrar to Adver. tise for next of kin when be enunct dis- cover who they are.
Security by Regis-
trar.
6.
AND IT IS FURTHER ORDERED, That if there be no Will, and no Widow, Widower, or next of kin, appear, it shall be the duty of the Registrar, on re- ceiving notice of the death of such person, to obtain and file an Affidavit of such death, and of the time and place thereof as above directed, from some person acquainted with the facts; whereupon the citation and commission of appraise- ment shall issue as before, but the commission shall give authority (Form No. 11) to the Appraisers, care being taken in all cases that the Appraisers are respectable and trustworthy persons, to take and keep possession of the pro- perty till further orders. And in case of a Stranger to the Colony dying sud- denly therein, or in any other case in which the property might be endangered by delay, the Court, on being informed thereof as hereinafter directed, or other- wise, shall forthwith issue a commission to such appraisers to take charge of the property, without waiting for the Affidavit of death, or for any other pre- liminary form of proceeding. Such citation and commission being returned, and no Widow Widower or next of kin appearing within the time limited, Letters of Administration shall be granted to the Registrar of the Supreme Court, or to such other person as the Chief Justice shall appoint as above directed.
*7. AND IT IS FURTHER ORDERED, That the Registrar of the Supreme Court, when appointed Official Administrator as aforesaid, shall with all convenient speed inform himself who are the persons entitled to the residue of the Estate, and shall as soon as possible inform such persons of all such circumstances and par- ticulars relative thereto as it may be necessary for them to know, in order to their availing themselves of their rights to the same; and in case the Registrar shall not be able to discover who are the next of kin, or shall see reason to doubt concerning the same, he shall cause an Advertisement to be inserted in one of the Local Newspapers calling on the next of kin to appear for their interest, and shall cause a similar Advertisement to be inserted in one or more of the English Newspapers if the deceased was a Native of England, or in one of the Edinburgh Newspapers if he was a native of Scotland, or in one of the Dublin Newspapers if he was a Native of Ireland.
8.
AND IT IS FURTHER ORDERED, That the Registrar of the Supreme Court shall, either on receiving his appointment to that Office, give good and sufficient security, to be approved of by the Chief Justice, for the true and faithful adminis- tration of all estates which shall be committed to his charge; or if he do not fur- nish such general security, he shall, before Letters of Administration are grant- ed to him in any particular case, enter into Bond with good and sufficient s ecu- rities, as is provided by the 4th rule with respect to ordinary administrators' for the true and faithful administration of such estate. Which Bond shall be executed in favor of Her Majesty, Her heirs and Successors, and shall be put in suit by Her Majesty's Attorney General,when directed by the Court so to do. 9. AND IT IS FURTHER ORDERED, That the Registrar of the Supreme Court,when per cent to Official appointed Official Administrator, shall be allowed to charge a Commission of five per cent, as well on property not sold but retained by the heirs, as on property sold by him, on cash found in the Estate, and on property specifically bequeathed to legatees.
Commission of fira
Administrator.
Curoner Constables &c to inform Court of all deaths.
To Seal up property of Si rangers.
10. AND IT 18 PURther Ordered, That in order to give more gencral force and effect to this branch of Jurisdiction, it is directed that all Coroners, Constables, and other officers on whom that duty would properly fall, shall give immediate notice to the Registrar of the Court of all deaths which shall occur within their respective districts, under pain, in default thereof of such punishment as the Court shall consider adequate to the neglect. And if the person so dying shall be stranger or shall leave no friends or relatives in the place at which he shall so die such Coroner, Constable, or other officer shall call in another officer, or some creditable person, and they shall together inventorize and seal up the property so left, or otherwise secure it, for those who may ultimately be declared entitled to the same, or until further orders.
130
Creditore, adminis tration to.
11. AND IT IS FURTHER ORDERED, That in cases in which the deceased has left no will, or executors are not named, or have renounced their trusts, and no person has applied for administration, any creditor or creditors who shall satisfy the Court by his or their statement, supported by documents or the affidavits of other persons, that the deceased was really and truly indebted to him or them, may apply for and obtain the usual citation and commission of appraisement; which being returned, if no next of kin shall appear, or even if such shall appear and the Court shall in such latter case be satisfied that the debts so established or sworn to amount in all to more than the value of the appraised property, in such case the Court shall and may, at its discretion, grant Letters of Adminis- tration to one or more of the principal creditors, on his or their giving good and sufficient security (Form No. 12), that he or they will duly administer the estate, and pay the debts fairly and justly, according to their respective degrees, without partiality; or in equal proportions, if the estate should prove insuffi cient to satisfy all the debts in full; and on his or their taking the oath of Admi- nistrator. Provided that no creditor, receiving Letters of Administration as cre- ditor, shall be entitled to any per centage or commission on his Administration.
AND IT IS FURTHER ORDERED, That if a person shall die leaving property Consuls to take within one or more of several ports or places other than that in which where property is un he shall have been domiciled before his death, the Consul of such port or different Consulates. place where the goods so left are situated shall take charge of such pro- perty until the same shall be claimed by the Executor Administrator or other person lawfully entitled to demand the same.
favour or
12.
13. AND IT IS FURTHER ORDERED, That if it be intended to oppose a Will, a Caveat must be entered before Probate is granted and allegations, verified by affidavit or affirmation in support of the opposition must be filed, within one month after entering the Caveat; in default of which, proof of the Will shall be received as in ordinary cases,
trar.
Security by.
No Commission to,
charge of Effects
Caveat, allegations in support of it.
Penalty on Execu tors &c. not filing In ventories
and counts in due time.
Ac
14. AND IT IS FURTHER ORDERED, That if an Executor or Administrator shall fail to file his Inventory or Account within the time prescribed by his Bond or by his Oath, the Registrar shall, immediately after such default made, report the same to the Court, and an order shall issue to such Executor or Administrator to appear on a day certain, and either file such Inventory or Account or shew good and sufficient cause why he has not done so: and in default of so filing or shewing cause, he shall be liable to such penalty as the Court shall think fit, and the Court may also direct such Bond to be put in suit by the said Regis
Nor shall any prolongation of time be allowed for filing Inventories or Accounts, unless on strong grounds shewn to the satisfaction of the Court.
15. AND IT IS FURTHER ORDERED, That every Inventory and Account shall be -delivered into Court one week at least before it is sworn to, in order that the framed filed and sworn
Registrar may examine the same. Every such Account shall state distinctly the dates of all receipts and disbursements, and shall in all other respects be clear, distinct, and full. If such Inventory and Account shall be in proper form, and if such Account be correct, the Executor or Administrator shall be sworn to such Account as the case may be.
16.
AND IT IS FURTHER ORDERED, That if the Registrar observes any incor- rectness or inaccuracy in such Account, he shall point it out to such Executor or Administrator for correction; and if they disagree upon any point, it shall be re- ferred to the Court, which shall decide the same.
17. AND IT IS FURTHER ORDERED, That if any Executor or Administrator sball fail to pay over to the Creditors, Heirs, Legatees, or other persons, the amount to which they are respectively entitled, within one year after Probate or Ad- ministration granted, such Executor or Administrator shall be liable to pay Interest out of his own funds, for all sums which he shall retain in his own hands after that period, unless he can shew good and sufficient cause for such detention.
18 AND IT IS FURTHER ORDERED, That if any person shall die, leaving any child or children under the legal age of majority, without any natural guardian, and without having, by Will or otherwise, provided for such guardianship, the Chief Justice shall, in the exercise of the authority vested in him by law in that behalf, select and nominate such person to be guardian of such child or children, and of his, her, or their estate, as he shall consider most fit and proper for that office; reference being always had to the age, sex, and condition of such child or children; and taking good and sufficient security (Form No. 13.) from such guardian, proportioned to the value of the estate, for the faithful and just execu- tion of his office.
19. AND IT IS FURTHER ORDERED, That every Guardian of Infants, whetherap- pointed by the parents of such infants. or by the Court, shall be required to file in Court, twice at least in each year, and oftener if there shall appear to the Chief Justice good reason for calling on him to do so, an account of his admi- nistration of the estate; and at the same time to submit for the inspection and consideration of the Court all mortgages, bonds, or other securities on which the monies belonging to the said Estate and under his charge shall have been lent or placed out; subject to the same examinations and objections by the Court in case of incorrectness and to the same penalty for non-compliance, as is pro- vided by the 14th and following Sections respecting accounts of executors and administrators.
to.
Accounts &c. how
Inaccuracies how corrected.
Executors &c.liable
to pay interest after one year.
Guardians of minors how appointed.
Accounts &c. by Guardians,
?
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