Directory_and_Chronicle_1886 — Page 788

Codicils.

Marking of will or copy sworn

Writing of copies.

Administration not with will annexed.

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Executor dying without proving,

78

RULES OF SUPREME COURT

tion of such paper, memorandum, or other document must be required; and if not produced, the non-production of it must be accounted for by evidence on oath.

If doubt exists as to whether or not any such deed, paper, memo- randum, or other document is entitled to probate as a constituent part of the will, the officer shall, before proceeding further in the matter, com- municate with the Judge of the Supreme Court for his directions.

209. The foregoing rules respecting wills apply equaliy to codicils. 210. Every will or copy of a will, or other testamentary paper to which an executor or an administrator with will annexed is sworn, shall be marked by such executor or administrator and by the person before whom he is sworn.

211. The officer shall take care that the copies of wills to be annexed to probates or letters of administration are fairly and properly written, 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 shall 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 or not appearing. either dies without having taken probate, 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 renunciation go, devolve, and may be committed in like manner as if he had not been appointed

Notice to next of kin.

Administration

bond.

Assignment of and suit on bond.

In what cases these rules apply.

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 proper officer shall require proof by affidavit that notice of the applica- tion has been given to the other next of kin.

215. Every person to whom administration is granted shall give bond 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 estate of the deceased.

Where, however, the property is under the value of 250 dollars one such surety only 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 Supreme 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 sum- mary way, and on being satisfied that the condition of any administration bond has been broken, assign the same to some person, who shall thereupon be entitled to sue on the bond in his own name, as if the same had been originally 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 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.