CHAP. VII. this commission shall be null and void to all intents and purposes PRACTICE IN COURTS. ECCLESIASTICAL in the law whatsoever, unless so transmitted before the said term. Given at London, the first day of September, 1830, and in the third year of our translation. The form of the oath to be ad ministered to the administra hand on the Bible or New Extracted by Proctor, Doctors' Commons. Your oath is, that the above-named John Thomas died on or about the hundred and day of -, in the year one thousand trix, laying her believe; that you are the lawful widow and relict of the said deceased, and that you will truly administer his goods, chattels and credits, by paying his debts as far as the same will thereto extend, and the law charge you; and that you will make a true and perfect inventory of all the said goods, chattels and credits, and exhibit the same into the Registry of the Prerogative Court of Canterbury at the time assigned you by the said Court, and render a just account of your administration when lawfully required; and that the contents of the annexed affidavit, to which you have subscribed your name, were and are The administratrix is to subscribe the oath and to true. So help you God. Mary Ann Thomas, of, in the Parish of Saint [The administratrix is to subscribe the oath and to add her place of residence and parish in the presence of the Commissioner.] I, the undersigned, do hereby certify that this commission was duly executed before me, and that the above-named Mary Ann Thomas, widow, did set and subscribe her name to the aforeadd her place going oath in my presence, and that I administered to her the said oath, and that I saw her, together with her sureties, execute the bond annexed, this of - in the year of residence and parish in the presence of the Commissioner. (Signed) C. A. B. Rector of Form of Com an administra. is a will but no executor ap William, by Divine Providence, Archbishop of Canterbury, mission to swear Primate of all England, and Metropolitan. To our well-beloved tor where there in Christ, the reverend the rector, vicar, or officiating minister of the parish or chapelry wherein the person or persons to be sworn by virtue of this commission, or either of them, is or are now residing, or in his absence the rector, vicar, or officiating minister of an adjoining parish or chapelry, greeting. Whereas John Thomas, late of the parish of St. Mary Bredin, in the city pointed. PRACTICE IN COURTS. of Canterbury, deceased, having whilst living, and at the time CHAP. VII. of his death, goods, chattels, or credits, in divers dioceses or ECCLESIASTICAL jurisdictions, sufficient to found the jurisdiction of our Prerogative Court of Canterbury, did make his last will and two codicils hereunto annexed, and did not therein name any executor: We do therefore empower you to swear Thomas Thomas, the residuary legatee named in the said will, as well to the truth of the said will and codicils, as well and faithfully to administer the goods, chattels, and credits of the said John Thomas according to the tenor of the said will and codicils, and to make a true and perfect inventory of all and singular the goods, chattels, and credits of the said deceased, and to render a just and faithful account thereof, and to exhibit the same into the Registry of our said Prerogative Court, and also to take and see the bond hereunto annexed duly executed by the said Thomas Thomas, the administrator, with sufficient sureties. And we do further empower you to swear the said Thomas Thomas to the truth of the annexed affidavit, and also to administer such other oaths, and further to do as may be needful in the premises, and that such oaths being administered, and the said bond executed as aforesaid, you duly transmit to the said commissary of our said Court or his surrogate, the said bond and will and codicils and the whole proceedings thereon, subscribed with the proper hand or hands of one or more of you, on or before the last day of March next ensuing, together with these presents. Provided, nevertheless, that this commission shall be null and void to all intents and purposes in the law whatsoever, unless so transmitted before the said term. Given at London, the first day of September, in the year of our Lord One thousand eight hundred and thirty, and in the third year of our translation. Oath to the administrator, lay. ing his hand on the Bible or New Testa Your oath is, that the above-named John Thomas died on The form of the or about the day of in the year one thousand hundred and and that the writings hereunto annexed contain his true last will and testament and two codicils, as far as you know or believe; that you are the residuary legatee ment. named in the said will, and that you will well and truly administer the goods, chattels and credits of the said deceased according to the tenor of the said will, that is to say, will first pay his debts, and then the legacies contained in the said will as far as his goods, chattels and credits will thereto extend and the law charge you, and that you will make a true and per CHAP VII. ECCLESIASTICAL Order of the fect inventory of all the said goods, chattels and credits, and exhibit the same into the Registry of the Prerogative Court of Canterbury at the time assigned you by the said Court, and render a just account thereof when lawfully required, and that the contents of the annexed affidavit to which you have subscribed your names were and are true. So help you God. Thomas Thomas, of in the Parish of St. Mary Bredin, in the City of Canterbury. [The administrator to subscribe the oath, and to add his place of residence and parish in the presence of the commissioner.] [Each testamentary paper to be subscribed by the minister, adding the word" Commissioner."] I, the undersigned, do hereby certify that this commission was duly executed before me, and that the above-named Thomas Thomas set and subscribed his name to the aforegoing oath in my presence, and that I administered to him the said oath, the testamentary papers to which I have set and subscribed my name being first hereto annexed, and I also certify that I saw him, together with his sureties, execute the bond annexed, this day of, in the year A. B. Rector of [The minister to subscribe this certificate, adding the name of the parish of which he is minister, and in case of his absence, such absence to be certified by the minister executing this commission.] Whereas the commencement of the law terms in his majesty's 14th February, Courts at Westminster has been altered by the act 1 W. 4, c. 70; and whereas it will be convenient to the public that the business of the Courts at Doctors' Commons should continue as heretofore to commence at or about the same time that it commences in the Courts of Common Law; 1832, of the dean of the Arches, directing that the first day of each term in that Court should be the same day on which such term com mon law. I, the undersigned, official principal of the Court of Arches, having taken the premises into consideration, and having conmences at com- ferred thereon with the judge of the High Court of Admiralty, the chancellor of the diocese of London, and others, do hereby order and direct that in future the first day of each term in the Court of Arches shall be the day on which such term commences in the Courts of Common Law, and that the subsequent Sessions and Court Days in each term shall be appointed in the same manner as they are at present appointed. (Signed) February 14th, 1832. JOHN NICHOLL. PROCESS ISSUED BY ECCLESIASTICAL COURTS. CHAP. VII. PRACTICE IN ECCLESIASTICAL COURTS. THE processes most generally in use in the Ecclesiastical Courts (h) are technically termed citations, monitions, decrees, The PROCESS and compulsories, the latter being a writ to procure the attend- clesiastical ance of a witness to give evidence in a cause. used in the Ec Courts are Ci tations, Moni Compulsories, By whom prepared and sealed, and when signed. Service of pro These several instruments are prepared by the proctor of tions, Decrees, the party, at whose suit they respectively issue, and are (with and Writs to a some exceptions) signed by the register, and pass under seal of witness. the Court, in which the suit between the parties is pending. The service of these legal instruments on the parties therein mentioned to be cited and called upon to appear, if they reside within twenty miles of London, is effected by the officer of the Court, who shows them the original under the seal of the Court, and leaves with them a true copy thereof; this he certifies on the back of the original, and verifies the same by an affidavit sworn before a surrogate of the judge. Should the parties, however, reside beyond the distance mentioned, it is customary to send the original citation or decree, &c. to a solicitor, or other person, residing in the immediate neighbourhood where the party to be cited lives or is remaining, who can effect the service thereof in the manner above stated; certifying on the back of the original the execution of the instrument, which he verifies by an affidavit sworn before a master extraordinary in Chancery. If, however, the parties to be cited reside beyond the jurisdiction of the Court, a similar process is pursued by letters of request to the Ecclesiastical Court, within whose jurisdiction the party resides; and on his, her, or their appearing personally, or by their proctor, to the said instrument, such appearance is entered by the register of the Court in an assignation book, kept for such purpose; as are also every other and subsequent judicial acts done in the cause until the conclusion thereof. Forms of different Processes. cess. It frequently occurs that parties dying in insolvent circum- Of a creditor's stances, their next of kin, or persons primarily entitled to ad- obtaining admi nistration after minister to their effects, object to take upon themselves the the citing next responsibility and trouble of dividing the property amongst creditors, no pecuniary advantage resulting to them by becoming the representative of the deceased. The person thus entitled (h) As to jurisdiction of Ecclesiastical Courts in general, see ante, Part IV. 454 to 507. of kin, &c. PRACTICE IN ECCLESIASTICAL COURTS. CHAP. VII. to administration, although they object to do so, on the other hand will not renounce their claim to such right, and refuse all interference, either by accepting or renouncing; in the latter case, the Court possesses a very salutary power, and a creditor may obtain such grant to a deceased intestate's effects by previously citing the parties entitled in distribution thereto, or in the event of there being a will, appointing executors and residuary legatees, by citing such executors and residuary legatees. The form of affidavit (A. post, 146,) to lead this citation or decree, and which applies to a case of intestacy, as does also the form of decree (B. post, 147), and the certificate and affidavit of service annexed thereto. The proceed of kin contest will. cutor. Presuming a party to be dead intestate, without any known relations, it is necessary, before a creditor can obtain a grant to his effects, to advertize (i) for the next of kin (if any) in the public papers, at stated intervals between each advertisement, and a similar affidavit and decree, varying according to the facts, is made and prepared, the latter of which is executed on the Royal Exchange, the last place of abode of the deceased, and the church door of the parish wherein he died; and it is also further served on his Majesty's proctor, and if he do not object, the Court will grant administration to the creditor, upon his exhibiting an inventory of the deceased's effects, and his sureties justifying. Circumstances may arise to induce a next of kin of a deings where next ceased party to contest the validity of his will after the Court the validity of a has granted probate thereof; the preliminary step in such proceeding is very simple, and attended with but little expense. Upon applying to a proctor practising in the Court granting Citation to exe- the probate, a citation (the form of which from the Prerogative Court of Canterbury (C. post, 149) is subscribed) issues, calling upon the executors to bring in the probate, and prove the will by witnesses in solemn form of law, &c. This, however, is a proceeding that can only be justified upon reasonable grounds of a successful termination of the suit, or by showing such a case of suspicion that would exonerate them in the opinion of the Court; for should the evidence clearly establish the will, and the party contesting the same fail to justify the proceeding adopted, the Court would no doubt condemn them in the costs; especially if it appear from the evidence that the party contesting the will had a knowledge of the circumstances on (i) See forms of advertisement for heir and next of kin, ante, Part II. 451, 451, 455. |