Penalty on

not account

ing for or paying fees,

£20 per cent. on the amount.

Acquittance from the

duced to the

the public accounts, an account, signed by such executors or administrators respectively, of all fees received by such registrars or deputy registrars, from the latest day which he or they shall have so accounted to his or their death, which account shall be verified in like manner by such executors or administrators, or some or one such executor or administrator; and it shall be lawful for the said commissioners for auditing the public accounts, or the major part of them, and they are hereby authorized and required to inquire into and to audit and settle, with all convenient speed, every such account so delivered in, and to verify, under their hands, the balance due thereon; and every such registrar or deputy registrar, or his executors or administrators, having assets, shall, within six days after each such account respectively shall be so audited and certified, pay into the receipt of his majesty's exchequer in Ireland, according to the course of the said exchequer, all such sum and sums of money as shall be so certified as the balance in his or their hands, which payment shall thereupon be carried to and made part of the consolidated fund of the united kingdom of Great Britain and Ireland.

VI. And be it further enacted, that in case any such registrar or deputy registrar of his majesty's court of prerogative and court of faculties in Ireland as aforesaid, or his executors or administrators, shall at any time or times neglect or make default in delivering in such account as hereinbefore directed to the said commissioners for auditing the public accounts, within the periods aforesaid respectively specified for that purpose, or in paying into the said exchequer such balance as aforesaid, within the said space of six days after such auditing, then and in every such case such registrar or deputy registrar, or such executors or administrators, having assets sufficient to make such payment, shall pay into the said exchequer, together with such balance, interest for the same at the rate of twenty pounds per centum from the expiration of the said period of six days, until such balance shall be paid in as aforesaid.

VII. And to the end that the payment of such balance may be exchequer ascertained, be it further enacted, that upon payment of such balance shall be pro- an acquittance or discharge for the same shall be signed by the commission- proper officer in the exchequer, which shall be produced and exhibited ing the pub- by the said respective registrars or deputy registrars to the said lic accounts. commissioners for auditing the public accounts within one calendar

ers for audit

month from the date thereof, or at the time of the presenting the ensuing quarter's account, whichever shall first happen, or by the executors or administrators of any such registrar or deputy registrar within three calendar months from the date thereof; and the said commissioners for auditing the public accounts are hereby required to demand such acquittance or discharge, and to have the same produced to them, before they shall audit and certify any subsequent account for any such registrar or deputy registrar in manner herein before directed.

2 & 3 WILLIAM 4, CAP. 93.-An act for enforcing the process upon contempts in the courts ecclesiastical of England and Ireland.See Title- CONTEMPTS IN COURTS ECCLESIASTICAL," vol. ii. p. 381.

66

3 & 4 VICTORIA, CAP. 93.-An act to amend the act for the better regulation of ecclesiastical courts in England.-See Title-" ECCLESIASTICAL COURTS, ENGLAND," vol. iii. p. 14.

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1814.

ECCLESIASTICAL COURTS, EAST INDIES.

39 & 40 GEORGE 3, CAP. 79, SECS. 21 & 22.-An act for establishing further regulations for the government of the British territories in India, and the better administration of justice within the same.

1. 1801,

presidencies

territo

or creditor

of the eccle

XXI. Whereas great inconveniences have arisen from the prac- From March tice of granting letters of administration by the said supreme court whenever of judicature at Fort William aforesaid, in cases where the next any British subject shall of kin, or any of the creditors of the deceased, do not apply for die within the same, to persons calling themselves friends of the deceased; be either of the it therefore further enacted, that, from and after the first day of or subordiMarch, which will be in the year of our Lord one thousand eight rate, tro hundred and one, whenever any British subject shall die intestate next of kin within either of the presidencies of Fort William, Fort Saint George, shall appear, or Bombay, or the territories subordinate to either of the said presi- the registrar dencies, or to become subordinate thereto, and on return of the siastical citation to be issued from the proper ecclesiastical court, no next of court shall kin or creditor shall appear and make out their claim to the admi- letters of adnistration of the effects of the intestate deceased to the satisfaction and shall of the said court, it shall and may be lawful for the register of such collect the court respectively, and he is hereby required to apply for, and such assets of the court is hereby required and directed to grant such letters ad colligenda and bring or of administration, as to such court shall seem meet, by virtue court, and whereof such register shall collect the assets of the deceased, and account for shall bring them for safe custody into such court, and account for them regularly, in like manner as is now by law provided in cases where assets are vested in the hands of any officer of the court, under or by virtue of the equitable jurisdiction of any such court.

apply for

ministration,

deceased,

them into

them.

or creditor,

have been

XXII. Provided always, and be it further enacted, that when When any any next of kin or creditor, who, at the time of the return of the next of kin, above citation, shall have been absent in Europe or elsewhere, shall who shall make and establish their claim to the administration of the assets absent shall of such intestate, the letters ad colligenda or of administration, make out granted by virtue of this act to the said register, shall be recalled, the letters of and administration in due form granted to such next of kin or creditor tion to the respectively.

administra

registrar shall be recalled, and letters granted to the claimant.

55 GEORGE 3, CAP. 84, SECS. 2-5.-An act to amend so much of an act of the thirty-third year of his present majesty, as relates to firing the limits of the towns of Calcutta, Madras and Bombay; and also so much of an act of the thirty-ninth and fortieth year of his present majesty, as relates to granting letters of administration to the effects of persons dying intestate within the several presidencies in the East Indies, to the registrar of the ecclesiastical courts; and to enable the governor in council of the said presidencies to remove persons not being British subjects; and to make provision for the judges in the East Indies in certain cases.

II. Whereas by an act passed in the thirty-ninth and fortieth year 39 & 40 G. 3, of the reign of his present majesty, intituled an act for establishing c. 79.

Sec. 21.

further regulations for the government of the British territories in India, and for the better administration of justice within the same, it was enacted, among other things, that whenever any British subject should die intestate, within either of the presidencies of Fort William, Fort Saint George or Bombay, or the territories subordinate or to become subordinate thereto, and on return of the citation to be issued from the proper ecclesiastical court, no next of kin or creditor should appear and make out their claim to the administration of the effects of the intestate to the satisfaction of the said court, it should and might be lawful for the registrar of such court, and he was thereby required to apply for, and such court was thereby directed to grant letters ad colligenda or of administration, to such registrar, in manner as the said act set forth: and whereas the said act doth not expressly provide for the cases of executors or administrators, or persons entitled to administration, as hereinafter mentioned, not resident within the jurisdiction of such courts, who may have appointed attornies resident or being therein; and it hath been doubted whether the said courts were not required under the said act, to grant letters ad colligenda or of administration to their registrars, in preference to attornies so appointed; and it is fit that Letters of ad- such doubts be removed; be it therefore enacted and declared, that to attornies when the executor or administrator lawfully appointed, or the person of executors. entitled to administration as next of kin or residuary legatce with

ministration

Lettersofadministration

void.

the will annexed, of any person deceased, whose effects shall be subject to the jurisdiction of any of the said courts in respect to the granting of administration, not being resident within the jurisdiction of such court, shall have appointed or shall hereafter appoint, either by power of attorney under seal, or by any other sufficient authority, to be shewn to the satisfaction of the said court, any person or persons resident or being within such jurisdiction to act for such executor or administrator, or person entitled to administration as aforesaid, in collecting or administering in any manner the effects of the deceased, the person or persons so appointed shall be entitled to obtain letters ad colligenda or of administration, either general or special, as the tenor of such authority and the nature of the case may require, preferably to the registrar of such court, and all other persons to whom such executor or administrator, or persons entitled as aforesaid would have had a preferable claim, if personally resident within the jurisdiction of the said court.

III. And be it further enacted, that where any such letters ad to registrar colligenda or of administration shall have been granted to the registrar of such court, and application shall be afterwards made by any person or persons so appointed as aforesaid for the revocation thereof, in order to grant other letters to such person or persons, the letters so granted to such registrar shall be revoked, unless it shall appear to the said court that there has been unreasonable delay, either in the transmission of the authority under which such application is made, or in making such application: provided always, that when any letters ad colligenda or of administration shall have been actually granted to the registrar of any such court by virtue of the act hereinbefore recited, and shall be revoked on the application of such attorney or attornies as aforesaid, it shall be lawful for such court, if

Proviso.