Directory_and_Chronicle_1901 — Page 322

Executor dying without proving.

264

RULES OF SUPREME COURT

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 ornot 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 rospect of the executorship wholly censes, 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 uct been appointed

Notice to next of kin.

Administration

bond.

Assignment of and suit on

bond.

In what cases these rules apply.

Time of award.

Enlargement-

the time.

When umpire

may enter un

reference.

Revocation authority.

Special case.

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 application 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 owu 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 conditions 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.

219. The Court may, if it thinks fit, on reasonable notice to all parties, from time to time enlarge the time for making the award for such time as it thinks fit, the reasons for such enlargement being recorded in the minutes of proceedings.

220. An umpire may enter on the reference in lieu of the arbitrators, if the latter have allowed their time or their extended time to expire without making an award, or have filed, in the Court, a notice in writing that they cannot agree.

221. The authority of an arbitrator or umpire is not revocable except by the Court.

222. Where it appears to the arbitrators or umpire that any difficult. question of law is involved in, or raised by, the facts as finally ascertained by them or him, they or he may, if it seeins fit, state the award (as to the whole or any part thereof) in the form of a special case for the opinion of the Court having jurisdiction in the matter, or of the Supreme Court.