THE NEW ZEALAND GAZETTE. 87

In the Will [or in the Goods] of
in the Colony of New Zealand
On the
day of
and
saith as follows:—
If more than one

1. Executor or Admin-
   istrator, the form to
   be filled up
   accordingly.
2. The estate and effects of the said deceased, of which
   Probate or Administration is sought to be obtained, are under
   Words in full. the value of
   knowledge and belief,
   Sworn by the Deponent on the
   day first above mentioned,
   at
   before me

late of
deceased.
, one thousand eight hundred
being duly sworn, maketh oath and
the Executor or Administrator
of the estate and effects of the above-
named deceased.
to the best of

NOTE.-Section CXXXIX. of "The Stamp Duties' Act,
1866," enacts that "All affidavits required by this Act shall be
made before the Commissioner or any Judge or Solicitor of the
Supreme Court, or any Justice of the Peace. And any person
who shall knowingly and wilfully make a false oath concerning
any matter in this Act contained shall be liable to the punish-
ment imposed by law for wilful and corrupt perjury."

(L.)

AFFIDAVIT for obtaining a return of DUTY on
PROBATES OF LETTERS OF ADMINISTRATION, on
which too much Duty shall have been paid on
taking out the same.

To be filled in from
the Circular Letter Register No. 18 Folio
issued from the Stamp Office, relating to
Legacy Duty.

In the Executorship [or Administration] of
deceased.
On this
day of
in the year one thousand eight
hundred and
in the Province of
in
the Colony of New Zealand, [or
of
in
the Province of
and
of
in the Province
of
in the Colony of New Zealand
] being duly
sworn, maketh oath and saith [or severally make oath and say]:

1. Probate of the last Will and Testament [or Letters of
   Administration of the goods, chattels, and credits, with the
   Will annexed, if so] of
   late of
   deceased, who
   died on the
   day of
   , one thousand eight hundred
   and
   was [or were] granted to this Deponent [or these
   Deponents] by the Supreme Court of New Zealand, on the
   day of
   , one thousand eight hundred and
   and that the estate and effects of the said deceased, for or in
   respect of which the said Probate was [or Letters of Adminis-
   tration were granted, were then sworn to be under the value of
   pounds, and a Stamp Duty of
   pounds
   shillings [or
   per cent.] was accordingly paid on the
   said Probate [or Letters of Administration].

2. Since obtaining the said Probate [or Letters of Adminis-
   tration] and within six calendar months now last past, the true
   value of the estate and effects hath been ascertained, and it
   hath been discovered that too high a Stamp Duty was paid
   Here state the facts thereon; for that
   and circumstances of 3. The Schedule hereunto subjoined and
   the case to show how subscribed by him [or her or them], doth con-
   it happened that too
   much Stamp Duty tain a true and perfect inventory, account,
   was paid and at what and valuation of the personal estate and
   particular time, and effects whereof the said deceased was possessed,
   through what circum-
   stances the lesser
   value was discovered.
   and for which the said Probate was [or
   Letters of Administration were granted by
   the Supreme Court aforesaid, exclusive of what the deceased
   may have been possessed of, or entitled to, as a trustee for any
   other person or persons, and not beneficially, and without
   deducting anything on account of the debts due and owing
   from the deceased; and particularly the said inventory includes
   all the leasehold estates for terms of years, absolute or determin-
   able on a life or lives, whereof the said deceased was possessed;
   and that such personal estate and effects did not, at the time of
   the granting of the said Probate [or Letters of Administration]
   amount in value to more than the sum of
   which is set
   forth in the said Schedule as the amount or value thereof, to the
   best of the knowledge, information, and belief of this Deponent
   [or these Deponents]. And therefore this Deponent saith [or
   these Deponents say] he hath [or they have been informed
   and believes [or believe] that a Stamp Duty of
   pounds
   shillings [or
   per cent.] and no

more, ought to have been paid on the said Probate [or Letters
of Administration]. All which is submitted to the Commis-
sioner of Stamp Duties, praying that the sum of
being
the amount of duty overpaid, may be returned to this Deponent
[or these Deponents]; and that the Stamp or Stamps on the said
Probate [or Letters of Administration] may be rectified, as the
law directs.

Sworn [or severally sworn] at
in the Province and Colony afore-
said, by the Deponent [or Depo-
nents], the day first above men-
tioned, before me

The above Affidavit to be made by all the Executors or
Administrators.

(Μ.)

ORDER by COMMISSIONER of Stamp Duties for return
of Duty, where too much Stamp Duty has been
paid on Probate of Will or Letters of Adminis-
tration.

In the Executorship [or Administration] of
the
day of
, 18
deceased

WHEREAS it has been satisfactorily made to appear to me, the
Commissioner of Stamp Duties, that too much Stamp Duty has
been paid by
on the Probate of the Will [or Letters of
Administration of the goods, chattels, and credits, with the
Will annexed, if so] of
late of
, deceased:
Now I, the said Commissioner, in pursuance and by virtue of
the provisions of "The Stamp Duties Act, 1866," enabling me
in this behalf, do hereby order that the sum of
being
the excess of Stamp Duty paid on such Probate [or Letters of
Administration] be returned to the said
, or to any
person he [she, or they] may direct or appoint to receive the
same. And I hereby authorize the return of such excess of
Stamp Duty accordingly.

By the Commissioner of Stamp Duties,

Stamp Office,
....................., 186

(Ν.)

AFFIDAVIT to be made in the case of too little DUTY
having been paid on PROBATE OF LETTERS OF
ADMINISTRATION, on taking out the same.

To be filled in from
the Circular Letter Register No. 18 Folio
issued from the
Stamp Office, relat-
ing to Legacy Duty.

In the Executorship [or Administration] of
deceased.
On this
day of
, in the year one thousand eight
hundred and
of
in the Province of
in
the Colony of New Zealand [or
of
in the
Province of
and
of
in the Province of
in the Colony of New Zealand,
] being duly
sworn maketh oath and saith [or severally make oath and say:

1. Probate of the last Will and Testament [or Letters of
   Administration of the goods, chattels, and credits, with Will
   annexed, if so] of
   late of
   deceased, who died
   on the
   day of
   , one thousand eight hundred
   and
   , was [or were] granted to this Deponent [or these
   Deponents], by the Supreme Court of New Zealand, on the
   day of , one thousand eight hundred and
   and that the estate and effects of the said deceased, for or in
   respect of which the said Probate was [or Letters of Adminis-
   tration were] granted, were then sworn to be under the value of
   pounds, and a Stamp Duty of
   pounds
   shillings [or
   per cent.] was accordingly paid on the
   said Probate [or Letters of Administration].

2. Since obtaining the said Probate [or Letters of Adminis-
   tration], and within six calendar months now last past, the true
   value of the estate and effects have been ascertained, and it
   hath been discovered that too little Stamp Duty was paid thereon;
   Here state the facts for that
   and circumstances of 3. The personal estate and effects whereof
   the case to show how the said deceased was possessed and for which
   it happened that too the said Probate was [or Letters of Adminis-
   little Stamp Duty tration were] granted by the Court aforesaid
   was paid, and at (exclusive of what the deceased was possessed
   what particular time of, or entitled to, as a trustee for any other
   and through what person or persons, and not beneficially, but
   circumstances the including the leasehold estates for years of
   higher value was the deceased whether absolute or determinable on a life or lives,
   discovered.
   and without deducting anything on account of the debts due
   and owing from the deceased), though exceeding the value of
   pounds, are under the value of pounds, accord-
   ing to the best of the knowledge, information, and belief of this
   Deponent, [or these Deponents], and that too little duty was