Mar. 4.] THE NEW ZEALAND GAZETTE. 647

531o. Every executor or administrator shall, within three calendar months after the grant of probate or letters of administration, or within such further period as the Judge on application may direct, file in the registry in which such probate or letters of administration shall have been granted a true and perfect inventory of all the estate, effects, and credits of the deceased which shall come into his possession or the possession of any other person by his order or for his use. Every inventory so filed shall be verified by affidavit.

531p. Every executor or administrator shall, within twelve calendar months after the grant of probate or letters of administration, or within such further period as the Judge on application may direct, file in the registry aforesaid 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 such account shall be verified by affidavit. If such account shall not be exhibited within twelve calendar months from the date of the grant of probate or letters of administration, or within such further period (if any) as the Judge on application may have directed, the Judge may fix a further time, at the expiration of which, 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 ten pounds sterling per centum per annum for the balance (if any) remaining in his hands, unless he can show good and sufficient cause to the contrary.

531q. An executor, instead of proceeding to obtain probate by order in Chambers, may, and if a grant of probate is opposed, and a Judge orders the right to be tried by action, must, obtain a judgment of the Court for the issue of probate.

531r. The proceedings to obtain probate by a judgment of the Court shall be the same as in an ordinary action, and the writ and statement of claim must be served upon all persons against whom it is sought to establish the will.

531s. Probate granted by a judgment of the Court shall not be recalled, except in the case of a will subsequent to the will of which probate has been so granted being discovered or lawfully propounded.

531t. Where letters of administration have been granted in common form and a will has been subsequently discovered, or where probate of a will has been granted in common form and a will later in date is subsequently propounded, proceedings to recall the grant of letters of administration or of probate, as the case may be, shall be by originating summons, and the rules relating to originating summonses shall apply.

In all other cases proceedings to have a grant of probate or of letters of administration recalled shall be the same as in an ordinary action.

531u. Proceedings to obtain administration, when an application for administration is opposed, and the Judge orders the right to be tried by action, shall be the same as in an ordinary action.

531v. Before any order for the administration of the estate of a deceased person under Part IV of “The Administration Act, 1908,” shall be made, due notice of the application for such order shall be given to the Official Assignee in Bankruptcy or to the Public Trustee, as the case may require, or the consent in writing of such Official Assignee or Public Trustee, as the case may be, or his solicitor or counsel, to the making of such order shall be filed in the Court.

531w. If any such order as mentioned in the last rule shall be made, the practice and procedure of the Supreme Court in its bankruptcy jurisdiction shall apply to all the matters mentioned in the 67th section of “The Administration Act, 1908,” except the petition mentioned in paragraph (a) of the said section.

531x. The use of the forms prescribed by these rules is obligatory. Such forms shall be varied only in so far as the exigencies of the particular case may require; but the Judge may, if he thinks fit, allow in any case any document to be read or used which is in substance and effect sufficient in his opinion. Forms numbered 36, 39, 40, 41, and 42 in the First Schedule to the Code of Civil Procedure shall be used with such modifications as the circumstances of each case may render necessary.

531y. Strict compliance with the foregoing rules from and including Rule No. 517 up to and including Rule No. 531w may be dispensed with by the Court if sufficient reason for such dispensation is shown upon any motion under such rules.

531z. In all matters not specially provided for by these rules, the Rules, Orders, and Instructions for the Registrars of the Principal Registry of Her late Majesty’s Court of Probate in England made under the provisions of the statutes 20 and 21 Vict., c. 77, and 21 and 22 Vict., c. 95, and dated the 30th day of July, 1862, shall, so far as the same are applicable, take effect and apply with all necessary modifications, as though the same, with all necessary modifications as aforesaid, had been incorporated in these rules.

531aa. As to all matters coming within the express enactment of “The Public Trust Office Act, 1908,” or any other statute, the foregoing rules numbered respectively from 517 to 531z (both inclusive) shall be read and construed subject to such express statutory enactment, and shall apply only in so far as they are not inconsistent with any such express statutory enactment.

Shape, Writing, &c., of Documents to be filed.

597a. (a.) All documents prepared to be filed in any registry of the Court shall be legibly and clearly written, typewritten, or printed on one side only of half-sheets of foolscap paper of medium weight and good quality, with a margin of one-fourth of the width of the paper at the least. Where there are more sheets than one, they shall be fastened together with a sufficient paper-fastener at the top left-hand corner.

(b.) Carbon duplicates or copies shall not be filed as original documents; but they may be used as exhibits to affidavits in proof of service.

(c.) All such documents shall be folded lengthwise down the middle, and shall be indorsed in the cause or matter to which they relate. Ample room shall be left for the minute of the Judge to be indorsed thereon.

(d.) Except by special leave of the Judge, no document shall be received for filing which does not comply with this rule.

APPENDIX OF FORMS.

FORM No. 34.

Affidavit to lead Grant of Probate of Will to Executor or Executor according to the Tenor of the Will.

In the Supreme Court of New Zealand,
District.

In the estate of , of , deceased.

I, , of , make oath and say as follows:—
(1.) That I knew , of , now deceased, when alive, and that the said was resident or was domiciled at within this judicial district, and that the nearest Registry Office of this Court to the place where the said resided or was domiciled is at .
(2.) That the said died at , on or about the day of , 190 , as I am able to depose from having seen him die [or from having seen his dead body after death, or from having been present at an inquest upon his body, or from having been present at his funeral, or as the case may be, showing in every case the deponent’s means of knowledge].
(3.) That I believe the written [or typewritten, or partly printed and partly written, as the case may be] document now produced, bearing date the day of 190 , to be the last will and testament of the said deceased, and that I am the executor [or one of the executors] therein named [or therein according to the tenor thereof named, as the case may be].
(4.) That I will faithfully execute the said will by paying the debts and legacies of the said deceased so far as the property will extend and the law binds.
(5.) That, according to my knowledge and belief, the estate and effects of the said deceased in respect of which probate is sought to be obtained are under the value of £ .
Sworn at , this day of , 190 , before me— , a solicitor of the Supreme Court of New Zealand.

NOTE.—In cases in which the last paragraph of Rule No. 518 applies, a paragraph must be added to the affidavit to comply therewith.

FORM No. 35.

Affidavit of Due Execution of Will or Codicil by an Attesting Witness.

In the Supreme Court of New Zealand,
District.

In the estate of , of , deceased.

I, , of , in New Zealand, , make oath and say,—
(1.) That I am one of the subscribing witnesses to the last will and testament [or codicil, as the case may be] of the above-named , of , in New Zealand, , deceased, bearing date the day of , 190 , now produced and shown to me.
(2.) That the testator executed the said will [or codicil] on the day of the date thereof by signing his name at the foot or end thereof in the presence of me and of , of , in New Zealand, , the other subscribed witness thereto, both of us being present at the same time, and we thereupon attested and subscribed the said will [or codicil] in the presence of the said testator.
Sworn at , this day of , 190 , before me— , a solicitor of the Supreme Court of New Zealand.