Directory_and_Chronicle_1882 — Page 647

Codicils.

Marking of will or copy

sworn to.

Writing of copies.

Administration not with will annexed.

Executor dying without proving, or not appearing.

Notice to next of kin,

Administration bond.

*

Assignment of and suit on bond.

In what cases these rules apply.

Time for award

76

RULES OF SUPREME COURT

209. The foregoing rules respecting wills apply equally to codicils.

210. Every will or copy of a will, or other testamentary paper to which an executor or an a lministrator with will annexed is sworn, shall be marked by such executor or a Iministrator and by the person before whom he is sworn.

211. The officer shall take care that the copies of wills to be annexed to prolates or letters of administration are fairly and properly writteu, and to reject those which are not so.

III.—Administration.

212. The duties of the proper officer in granting administration (not with will annexed) are in many respects the same as in cases of probate.

He shail ascertain the time and place of the deceased's death, and the value of the property to be covered by the administration.

213. Where an executor appointed in a will survives the testator, but either dies without having taken pr. bate, or being summoned or called on by the Court to take probate does not appear, his right in respect of the executorship wholly ceases, and the representation to the testator and the administration of his effects without further renuuciation go, devolve, and may be committed in like manner as if he had not been appointed executor.

214. Where administration is applied for by one or some of the next of kin only, there being another or other next of kin equally entitled thereto, the p. oper officer shall require proof by affi lavit that notice of the application has been given to the other next of kin.

215. Every person to whom alministration is granted shall give bond (Forms 18, 19), with two or more responsible British subjects as sureties, to the Judge of the Supreme Court, to enure in favour of the Judge for the time being, conditioned for duly collecting, getting in, and administering the personal state of the deceased.

Where, however, the property is under the value of 250 dollars only one such surety need be taken.

The bond shall be in a penalty of double the amount under which the personal estate of the deceased is sworn, unless the proper officer in any case thinks it expedient to reduce the amount, for reasons to be forthwith certified by him to the Judge of the Suprem Court.

The proper officer may also in any case direct that more bonds than one shall be given, so as to limit the liability of any surety to such amount as the officer thinks reasonable.

216. The Judge of the Supreme Court may, on application, in a summary way, and on being satisfied that the condition of any administration boud has been broken, assign the same to some person, who shall thereupon be entit ed to sue on the bond in his own name, as if the same had been originaly given to him instead of to the Judge of the Supreme Court, and shall be entitled to recover thereon, as trustee for all persons interested, the full amount recoverable in respect of any breach of the condition of the bond.

X. ARBITRATION.

217. The following rules respecting arbitration apply exclusively to cases where the agreement for reference to arbitration or submission to arbitration by consent is made a rule of Court.

218. Arbitrators shall make their award within one calendar month after they have entered on the reference, or been called on to act by a notice in writing from any party, unless the document authorizing or making the reference contains a different limit of time.