APRIL 20.] THE NEW ZEALAND GAZETTE. 503

At the Court at Osborne House, Isle of Wight, the 30th day of January, 1893.

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY,
LORD PRESIDENT, VISCOUNT OXENBRIDGE, CHANCELLOR OF THE EXCHEQUER, MR. LEFEVRE, MR. DENMAN.

WHEREAS by the first section of “The Colonial Probates Act, 1892,” it is enacted as follows: “Her Majesty the Queen may, on being satisfied that the Legislature of any British possession has made adequate provision for the recognition in that possession of probates and letters of administration granted by the Courts of the United Kingdom, direct, by Order in Council, that this Act shall, subject to any exceptions and modifications specified in the order, apply to that possession, and thereupon, while the order is in force, this Act shall apply accordingly”:

And whereas Her Majesty is satisfied that the Legislatures of the British possessions hereinafter mentioned have made adequate provision for the recognition in those possessions of probates and letters of administration granted by the Courts of the United Kingdom:

Now, therefore, Her Majesty, by virtue and in exercise of the powers by the above-recited Act in Her Majesty vested, is pleased, by and with the advice of Her Most Honourable Privy Council, to order, and it is hereby ordered, as follows:—

“The Colonial Probates Act, 1892,” shall apply to the British possessions hereunder mentioned: Cape of Good Hope, New South Wales, Victoria, New Zealand, Gibraltar, British Honduras.

And the Most Honourable the Marquis of Ripon, Her Majesty’s Principal Secretary of State for the Colonies, is to give the necessary directions herein accordingly.

HERBERT M. SUFF.

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ADDITIONAL RULES AND ORDERS

For the Registrars of the Principal Probate Registry, in Non-contentious Business, for carrying out the Provisions of “The Colonial Probates Act, 1892.”

92. APPLICATION to seal a grant of probate or letters of administration, or copy thereof, under “The Colonial Probates Act, 1892,” may be made in the Principal Probate Registry by the executor or administrator, or the attorney (lawfully authorised for the purpose) of such executor or administrator, either in person or through a solicitor.

93. Such application must be accompanied by an oath of the executor, administrator, or attorney in the form in the Appendix, or as nearly thereto as the circumstances of the case will allow.

94. The Registrars are to be satisfied that notice of such application has been duly advertised. (Form of advertisement in Appendix.)

95. On application to seal letters of administration the administrator or his attorney shall give bond (in the form set out in the Appendix) to cover the personal estate of the deceased within the jurisdiction of the Court. The same practice as to sureties and amount of penalty in bond is to be observed as on application for letters of administration.

96. Application by a creditor under section 2, subsection (3), of the Colonial Probates Act is to be made by summons before one of the Registrars, supported by an affidavit setting out particulars of the claim.

97. In every case, and especially when the domicile of the deceased at the time of death as sworn to in the affidavit differs from that suggested by the description in the grant, the Registrars may require further evidence as to domicile.

98. If it should appear that the deceased was not at the time of death domiciled within the jurisdiction of the Court from which the grant issued, the seal is not to be affixed unless the grant is such as would have been made by the High Court of Justice in England.

99. The grant (or copy grant) to be sealed and the copy to be deposited in the Registry must include copies of all testamentary papers admitted to probate.

100. When application to seal a probate or letters of administration is made after the lapse of three years from the death of the deceased the reason of the delay is to be certified to the Registrars. Should the certificate be unsatisfactory the Registrars are to require such proof of the alleged cause of delay as they may think fit.

101. Special or limited or temporary grants are not to be sealed without an order of one of the Registrars.

102. Notice of the sealing in England of a grant is to be sent to the Court from which the grant issued.

103. When intimation has been received of the resealing of an English grant, notice of the revocation of, or any alteration in, such grant is to be sent to the Court by whose authority such grant was resealed.

104. The affidavit for inland revenue pursuant to the Customs and Inland Revenue Acts, 1880 and 1881, shall be transmitted to the Commissioners of Inland Revenue as if the person who applied for sealing under “The Colonial Probates Act, 1892,” were a person applying for probate or letters of administration.

105. The affidavit for inland revenue and accounts, and schedules forming part thereof, shall be in such form as may be prescribed by the Commissioners of Her Majesty’s Treasury.

(NOTE.—The affidavit to be used will, in fact, be Form A, with some few modifications to suit the circumstances.)

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APPENDIX.—FORMS (“COLONIAL PROBATES ACT, 1892”).

Oath.

In the High Court of Justice, Probate, Divorce, and Admiralty Division (Probate).

In the goods of A.B., deceased.

I, C.D. [or E.F.], of , make oath and say,—

1. That a grant of probate of the will [or letters of administration of the personal estate] of A.B., late of , deceased, was granted to me [or C.D.] , by the Court at , on the day of .

2. That the said deceased was at the time of his death domiciled at [the following words to be struck out if inapplicable] within the jurisdiction of the said Court.

3. That the notice hereunto annexed was inserted in the Times newspaper on the day of .

4. That I am the attorney lawfully appointed of C.D. under his hand and seal, and am duly authorised to apply to this Court for the sealing of the said grant. [This paragraph to be struck out if inapplicable.]

5. That the value of the personal estate in England amounts in value to the sum of , and no more, to the best of my knowledge, information, and belief.

Sworn, &c.

Advertisement.

A.B., deceased.

NOTICE is hereby given that after the expiration of eight days application will be made in the Principal Probate Registry of the High Court of Justice for the sealing of the probate of the will [or letters of administration of the personal estate] of A.B., late of , deceased, granted by the Court at , on the day of , 18 .

Solicitor for .

[To be advertised once in the Times newspaper, unless otherwise directed by one of the Registrars.]

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Administration Bond (with or without Will).

KNOW all men by these presents that we, A.B., of , C.D., of , and E.F., of , are jointly and severally bound unto G.H., the President of the Probate, Divorce, and Admiralty Division of Her Majesty’s High Court of Justice, in the sum of pounds, of good and lawful money of Great Britain, to be paid to the said G.H., or to the President of the said Division for the time being, for which payment well and truly to be made we bind ourselves and each of us, for the whole, our heirs, executors, and administrators, firmly by these presents.

Sealed with our seals.

Dated the day of , in the year of our Lord one thousand eight hundred and ninety- .

The condition of this obligation is such that if the above-named A.B., the administrator [with the will, dated the day of , annexed], by authority of the Court at , acting under letters of administration granted to on the day of , and now about to be sealed in England under “The Colonial Probates Act, 1892,” of the personal estate of K.L., late of , deceased, who died on the day of , 18 , do, when lawfully called on in that behalf, make, or cause to be made, true and perfect inventory of the personal estate of the said deceased in England which has or shall come to hands, possession, or knowledge, or into the hands and possession of any other person for , and the same so made do exhibit, or cause to be exhibited, into the Principal Probate Registry of Her Majesty’s High Court of Justice, whenever required by law so to do, and the same personal estate do well and truly administer according to law; and further do make, or cause to be made, a true and just account of said administration, whenever required by law so to do, then this obligation to be void and of none effect, or else to remain in full force and virtue.

Signed, sealed, and delivered by the within-named , in the presence of , a Commissioner for Oaths.

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Administration Bond (with or without Will) on Application by Attorney.

KNOW all men by these presents that we, A.B., of , C.D., of , and E.F., of , are jointly and severally bound unto G.H., the President of the Probate, Divorce, and Admiralty Division of Her Majesty’s High Court of Justice, in the sum of pounds, of good and lawful money of Great Britain, to be paid to the said G.H., or to the President of the said Division for the time being, for which payment well and truly to be made we bind ourselves and each of us, for the whole, our heirs, executors, and administrators, firmly by these presents.