Nov. 13.] THE NEW ZEALAND GAZETTE. 1319

said Schedule, unless a caveat shall have been previously entered.

92. If none of the executors named in the will shall apply for probate within one calendar month after the death of the testator, and if the residuary legatee, widow, widower, or next of kin of such testator shall apply for administration within two calendar months from the day of the death of such testator or intestate, and if the party so applying shall file as aforesaid a declaration in the Form No. 46 in the Schedule hereto, and make and file as aforesaid a declaration in the Form No. 49 in the said Schedule, the party so applying shall thereupon be entitled to a grant of letters of administration with the will annexed in the Form No. 51 in the said Schedule, unless a caveat shall have been previously entered.

93. If there be no will effecting a testamentary disposition of the estate, share, or interest of the deceased Native in any land, a certificate will be granted under section 45 of “The Native Land Court Act, 1886,” in respect of such land as heretofore.

94. If there be no will effecting a testamentary disposition of the personal property of which the deceased Native died possessed, and such personal property do not exceed the sum of £200 in value, a certificate under section 47 of “The Native Land Court Act, 1886,” and an order under section 9 of “The Native Land Court Acts Amendment Act, 1889,” may be made.

95. If there be no will, and the personal estate of which the deceased Native died possessed exceed £200 in value, or if there be a will but no executor be named therein, the residuary legatee, widow, widower, or next of kin, or any person claiming to be entitled as successor to the deceased according to Native custom, may apply for a grant of letters of administration, and if the party so applying shall file as aforesaid a declaration in the Form No. 46 in the Schedule hereto, and shall make and file as aforesaid a declaration in the Form No. 49 or Form No. 50, and also declarations setting out the facts from which the right to administer arises, the party applying shall be entitled to letters of administration with the will annexed as in the Form No. 51 in the said Schedule, or to letters of administration in the Form No. 52, as the case may require, unless a caveat shall have been previously entered.

96. Public notice of every application for a grant of probate of a will or of letters of administration shall be given forthwith in the Gazette and Kahiti.

97. Any person desiring to oppose a grant of probate of a will or letters of administration may file in the office of the Registrar a caveat in the Form No. 53 in the Schedule hereto. If the caveat be filed by a solicitor or agent, the solicitor or agent shall annex thereto an authority in accordance with rule 5 of the said rules for filing the same.

98. If any caveat be so entered as aforesaid within two calendar months after the publication of the notice of application as aforesaid, or within such further time as may be allowed by a Judge in that behalf, public notice shall be given of a sitting of the Court for the purpose of hearing the said application, at such time and place as the Chief Judge shall appoint.

99. No probate or letters of administration in respect of which no caveat was entered shall be sealed after the expiration of one calendar month from the day on which the application was granted. After such period a fresh application must be made.

100. No probate or letters of administration granted upon a hearing in open Court shall be sealed until after the expiration of the time within which application for a rehearing may be made in respect thereof. If any application for rehearing is made within that time, such probate or letters of administration shall not be sealed until either such application has been refused or a decision made upon rehearing had.

101. Every person to whom letters of administration shall be granted, except the Public Trustee, shall, before obtaining the same, give sufficient security, in the Form No. 54 in the Schedule hereto, for the proper administration of the estate of the deceased.

102. If any person deceased may have left behind him property of a perishable nature, and whereof the value may be greatly diminished in the interval before letters of administration can be duly granted, a Judge may, upon application to him for that purpose, make an order authorising the sale of such property by some person therein named, and may direct the proceeds to be paid to the Registrar on account of the estate of the deceased.

103. Every executor or administrator shall, within such respective periods as the Judge on granting probate or administration shall direct, or within such further periods as a Judge on application may direct, file in the office of the Registrar an inventory of the estate and effects of the deceased, and also a full and distinct account in writing of his administration of the estate, which shall set forth the dates and particulars of all receipts and disbursements; every inventory and account so filed shall be verified by declaration. If such account shall not be exhibited at the time fixed, the Judge may fix a further time, at the expiration whereof, if the executor or administrator shall fail to pass his accounts, he shall be chargeable with interest out of his own funds at the rate of 10 per cent. per annum for the balance (if any) remaining in his hands, unless he can show good and sufficient cause to the contrary.

Agency.

104. Rule 74 is hereby revoked, and the following rule made in lieu thereof: Rule 73 of the said rules shall not apply to any person acting on behalf of his or her wife or husband, parents or children, nor to any trustee acting on behalf of his cestui que trust, nor to any person whom the presiding Judge may, for special reasons, allow to appear and act in any particular case.

Fees.

105. Subject to the said rules, the following fees shall be paid in respect of the matters hereafter mentioned: On probate or administration—If the estate does not exceed £200, 5s.; if the estate exceeds £200, 10s.

106. No fees shall be charged against the Crown, or any department of the Government, for anything done by the Court or any Judge or officer thereof.

SCHEDULE.

No. 45.—APPLICATION FOR PROBATE OR LETTERS OF ADMINISTRATION.
[Rule 91.]
To the Native Land Court, New Zealand.
In the matter of , deceased.
I , of , do hereby apply that probate of the will [or letters of administration of the estate and effects] of the said may be granted to me.
Dated the day of , 18 .

No. 46.—DECLARATIONS BEFORE THE GRANTING OF PROBATE.
[Rules 91, 92, 93.]
I, , of , do solemnly and sincerely declare that I knew when alive, and that the said was resident [or domiciled] at , within this district, and that the said died at , on or about the day of , 18 . And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of the General Assembly intituled “The Justices of the Peace Act, 1882.”

No. 47.
[Rule 91.]
I, , of , solemnly and sincerely declare that I believe the writing now produced, bearing date the day of , and marked , to be the last will and testament of , deceased, and that I am the executor [or one of the executors] therein named. I declare that I will faithfully execute the said will by paying the debts and legacies of the deceased as far as the property will extend and the law binds. [Conclude as in Form No. 46.]

No. 48.—PROBATE.
[Rule 91.]
Be it known to all men that on this day of , in the year one thousand eight hundred and , the last will and testament of , deceased, a copy of which is hereunto annexed, hath been exhibited, read, and proved before , and administration of the estate, effects, and credits of the deceased hath been and is hereby granted to , the executor in the said will and testament named, having first solemnly declared that he will faithfully execute the said will by paying the debts and legacies of the deceased as far as the property will extend and the law binds, reserving nevertheless to this Court full power and authority to grant like probate and administration to , the other executors named in the will, whenever they shall appear before this Court and sue for the same.

No. 49.—DECLARATION BEFORE GRANT OF ADMINISTRATION WITH WILL ANNEXED.
[Rules 92, 93.]
I, , of , do solemnly and sincerely declare that I believe the writing now produced to me, bearing date the day of , and marked , to be the last will and testament of , deceased. I declare that, to the best of my knowledge, information, and belief, the estate, effects, and credits of the deceased to be administered by me are under the value of , and that I will faithfully execute the said will by paying the debts and legacies of the deceased as far as the property will extend and the law binds. [Conclude as in Form No. 46.]