Nominal List

P. A. BUCKLEY.

Despatch

Colonial Secretary's Office,
Wellington, 23rd August, 1893.

THE [following despatch, with an enclosure, received from Her Majesty's Principal Secretary of State for the Colonies, is published for general information.

P. A. BUCKLEY.

Downing Street, 31st May, 1893.

(New Zealand.-General.)
My LORD,—With reference to my despatch “General,” of the 3rd of February last, I have the honour to transmit to you copies of rules for regulating the procedure in Ireland under “The Colonial Probates Act, 1892.”

The rules for regulating the procedure under the Act in the Edinburgh Sheriff Court are awaiting the approval of the Court of Session, and copies will be forwarded to you as soon as they are received.

I have, &c.,
RIPON.
The Right Honourable the Earl of Glasgow,
G.G.M.G., &c.

ADDITIONAL RULES AND ORDERS

For the Registrars of the Principal Probate Registry in Ireland, in Non-contentious Business, for carrying out the Provisions of “The Colonial Probates Act, 1892,” made this 26th day of January, 1893.

98. 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.

99. 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.

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

101. 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.

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

103. 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.

104. 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 Ireland.

Instructions on Grant Sealing and Probate Administration

105. 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.

106. 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.

107. Special or limited or temporary grants are not to be sealed without an order of the Judge.

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

109. When intimation has been received of the resealing of an Irish 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.

110. 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.

111. 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.

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

Oath

In the High Court of Justice, Ireland, Probate and Matrimonial 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 hereunder annexed was inserted in the 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 Ireland 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 (Ireland), 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 .

Solicitors for

(To be advertised once in such newspaper or newspapers as one of the Registrars shall select.)

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 and Matrimonial Division of Her Majesty’s High Court of Justice, Ireland, in the sum of pounds, of good and lawful money of the United Kingdom, 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 Ireland 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 Ireland which has or shall come to