The Sun.
London, England, 1858-01-09 00:00:00

vl,ll E S L 0 N0,01N,-1 SA T 111,1 VD A r ILI VEIN I ND,.

son or persons pretending interest in Finch real estate ;
and the judge on being satisfied by affidavit that the
will in question does affect or purport to affect the real
estate, shall make an order authorising the person ap-
plying to cite the heir or heirs at law or other such
person or persons as aforesaid : Provided always that
the make any special directions as to the
persona
map
eeited which he may think the justice of
judgedgteo ay
the case requires.
35. An application for a new trial may be made to the
Court of Probate in respect to causes trie4 before a
jury within ten days from the day on which the cause
was tried, or on the first sitting of the court after the
cause has been tried.
36. An application for a rehearing of any case tried
before the judge without a jury, and in which evidence
is given vivaroce, may be made within ten days from the
day on which the same was heard, or at the first sitting
of the court after the cause has been heard.
37. If the plaintiff or defendant in any cause, unless
by leave of the judge previously obtained, fail to deliver
the declaration, plea, or other pleading within the time
specified in these rules, the other party in the cause shall
not be comoelled to receive the same, unless by direc-
tion of the judge. The expense of every such application
to the judge shall fall on the party who caused the delay.
38. Citations, notices, and other processes heretofore
in use and still in use, are to be inserted in the London
Gazette, and in such of the leading morning and evening
papers, and such local papers as the judge may from
time to time direct, instead of being served on the Royal
Exchange.
39. Where a special time is limited for filing affidavits,
no affidavit filed after that time shall be used in court,
unless by leave of the judge.
40. In contentious business; inventories, and not
merely declaratiens of personal estate and effects of the
deceased, are to be used, unless by order of the judge.
The form of inventory is given, No, 28.
.41. All notices required by these rules, or by the
practice of the court, are to be in writing.

of the t, Istatco will be suffioient to entitle the paper to
probate.
21. If. the will, codicil, or testamentary paper is signed
at the e ad of it by the testator, and attested by one wit•
ness on' ly, and there is nothing to show the testator's
intentic m that it should be attested by a second witness,
the affi davit of one disinterested person to prove the
signature to be al the handwriting of the testator will be
sufficieeat to entitle the paper to probate.
22. The circumstance of a person being named as an
executor in the will, codicil, or testamentary paper, or
being • Interested as a legatee or as the husband or wife
of a, legatee under such will, codicil, or testamentary
pap er, rendered him incompetent to become an attesting
wit ness to it, so that if the name of a peroon so
in crested appears as that of a subscribing witness to
the will or testamentary paper, the same, so far as
regait.ds his attestation, must be considered as unattested,
and .his evidence in support thereof will be inadmissible,
unless he shall first release his interest thereunder.
23. If an attestation clause, or the word " witnesses,'
appear written at the foot of the paper, the same being
unattested, or if the paper purport on the face of it to
be a draft of a will, the copy of a will, or instructions
for a will, it must prima facie be considered as an in-
complete paper, and not, save under special circum-
stances, entitled to probate.
24. Any appearance of an attempted cancellation of
a paper by burning, tearing, obliteration, or otherwise,
must be accounted for. _ _

25. Every faet leading to a presumption of abandon-
ment or revocation of a paper on the part of the testator
must be accounted for.
26. Alterations and interlineations made by the testa-
tor, if unattested, are to be proved by an affidavit of two
persons to his handwriting. If the same are in the
handwriting of any person other than the testator, it
will suffice to prove by affidavit that they were known
to and approved of by the testator. Proof by affidavit
that they existed in the paper at the time it was found
in the repositories of the testator recently after his death
may, under circumstances, suffice. Alterations and
interlineations made since the 31st of December, 1837,
are subject to the provisions of 1 Yid., c. 36.
27. With respect to deeds, papers, memoranda, or
other documents mentioned in a testamentary paper, or
appearing to have been annexed or attached thereto, the
foregoing ra'es, orders, and instructions as to wilis bear-
ing date since the 31st Dec., 1837, will apply.
23. A will made before the let of Jan., 1838, is con-
firmed by a codicil duly executed bearing date on or
after that day.

order that he may determine whether it will be expe-
dient to interfere on, the part of the crown ; save and
except that when the deceased is domiciled within the
duchy of Lancaster, notice is to be given to the solicitor
for the duchy in London ; and no grant is to be issued
until that officer has signified the course it will be proper
to take under the circumstances of each particular case.
63. The registrars are to take care that the copies of
wills to be annexed to the probate or letters of adminis-
tration are fairly and properly written in the engro:•sing
hand heretofore in use in the Prerogative Court, and are
to reject those which are otherwise.

From the London Gazette of Last Night.

LORD CHAMBERLAIN'S OFFICE, JAN. 8.

Notice is hereby given that the Solemnization of the
Marriage of Her Royal Highness the Princess Royal with
His Royal Highness Prince Frederic William Nicolas
Charles of Prussia, will take place on Monday the 25th
instant.

LORD CHAMBERLAIN'S OFFICE, JAN. 8.
Notice is hereby given that Her Majesty will hold a
Drawing Room at St. James's Palace, on Saturday, the
30th inst., at two o'clock.
There will be no presentatiois to Her Majesty upon this
occasion.

DOWNING-STREET, JAN. 5.
The Queen has been pleased to appoint Walter Hard-
ing, Esq., to be Chief Justice, Henry Connor, Esq., to be
First Paisne Judge, and Henry Lushington Phillips, Esq.,
to be Second Puisne Judge, of the Supreme Court of the
Colony of Natal.
Her Majesty has also been pleased to appoint William
Hepburn Rennie, Esq., to be Auditor-General for the
Colony of Hong Kong ; Thomas Manners, Esq., to be
Surgeon to the Penal Settlement in the Colony of British
Guiana; and George James Evelyn, Esq., to be Sub-
Treasurer for the Island of St. Christopher,
WAR OFFICE, PALL-MALL, JAN. 8.
2d Regiment of Life Guards— For Major and Brevet-
Lieut.-Colonel F. M. Martyn, to be Lieutenant-Colonel,
by purchase, vice Baddeley, who retires, which appeared
in the Gazette of 27th Nov.,—Read, Major and Lieut.-
Colonel F. M. Martyn, &c. _

3d Dragoon duards--RObert George Smith, Gent., to be
Cornet, without purchase.
Bth Light Dragoons—Richard William Palliser, Gant., to
be Cornet, without purchase.
10th Light Dragoons—Cornet Richard Lomax, from the
3d Light Dragoons, to be Lieutenant, by purchase ;
Ferdinand Ogilvy Fitz Gerald, Gent., to be Cornet, with-

out purchase. .
11th Light Dragoons—The Hon. James David Drummond
to he Cornet, without purchase ; Henry Henzell Unett,
Gent., to be Cornet, without purchase.
12th Light Dragoons—Brevet-Colonel Charles W. M.
Balders, from the 14th Light Dragoons, to be Lieuten-
ant-Colonel, without purchase, vice Griffiths, promoted

to be Major-General.
14th Light Dragoons—Cornet R. P. Ridley to be Lieuten-
ant, without purchase, vice Redmayno, killed in action ;
Francis Blake Eagle, Gent., to be Cornet, without par-
chase, vice Ridley.
15th Light Dragoons—Phineas Bury, Gent., to be Cornet,
without purchase.
Military Train—Charles Sohomberg Thomas, Esq., late
Paymaster for Army Services, to be Paymaster, vice
Fereday, appointed to the 68th Foot.
Royal Artillery—Lieutenant-Colonel William Robert
Nedham to be-Colonel, vice Griffin, retired upon full
pay ; Captain George Bucknall Shakespear to be Lieu-
tenant-Colonel, vice Nedham ; Brevet-Major Edmund
John Carthew to be Captain, vice Shakespear; Lieute-
nant Edmund Porter Bingham Turner, to be Second
Captain, vice Carthsw.
Ist Regiment of Foot—Ensign Alexander James Badgley
to be Lieutenant, by purchase, vice Hassard, who re-
tires.
2d Foot—Sidney Henry Widdrington, Gent., to be Ensign,
without purchase.
4th Foot—Lieut. Charles Patrick Stokes to be Captain, by
purchase, vice Tower, who retires ; Ensign George H.
Kittoe to be Lieutenant, by purchase, vice Stokes ;
George Studdert, Gent., to be Ensign, by purchase, vice
Kittoe.
sth Foot—Major and Brevet-Lieutenant-Colonel J. A. V.
Kirkland, having raised a battalion of 1,000 rank and
file, to be Lieutenant-Colonel, without purchase ; Capt.
G. B. Milman to be Major, without purchase, vice Sim-
mons, killed in action ; Captain F. W. L'Estrange
to be Major, vice Kirkland ' • Lieutenant J. W. D.
Adair to be Captain, without purchase, vice Milman.
To be Ensigns, without purchase—Francis Sterling
Brown Holt, Gent. ; Gersham Herrick, Gent. ; James
Hartley, Gent. ; Francis R. Bradford, Gent. ; William
Charles Sheolbred, Gent. ; John Cottingham Wadling,
Gent.; John Charles Stephen Fremantle, Gent. ;
Thomas D'llmaine Mackinlay, Gent. ; Fredk. Edward
Wilson, Gent. ; John Leslie, Gent.
13th Foot—Assistant-Surgeon Charles John Kirwan, from
the Staff, to be Assistant-Surgeon.
21st Foot—Lieutenant Thomas Henry Sherwood to be
Adjutant, vice Coakley, deceased.
26th Foot—Captain R. W. Clerke to be Major, by pur-
chase, vice William Hopson Hopson, who retires;
Lieut. John Coning to be Captain, by purchase, vice
Clarke; Ensign Morris Robinson to be Lieutenant, by
purchase, vice Coiling.
27th Foot—Major Thomas Percival Touzel to be Lieu-
tenant-Colonel, without purchase, vice Kyle, deceased;
Captain Oliver Langley to be Major, without purchase,
vise Touzel ; Lieutenant Heneage, Charles Chester to be
Captain, without purchase, vice Langley ; Ensign
Laurence William Desborough to be Lieutenant, with-
out purchase, vice Chester.
33(1 Foot --Assistant-Surgeon A. R. Kilroy, from the Staff
to be Assistant-Surgeon.
48th Foot—Captain and Adjutant G. P. Drought, from a
Depot Battalion, to be Captain, vice M. H. Heathoote,
who exchanges.
53,1 Foot—Ensign G. C. Sidebottom to be Lieutenant', by
purchase, vice Fenton, promoted to an Unattached
Company : S. J. Nicholls, Gent., to be Ensign, by pur-
chase, vice Sidebottom.
58th Foot—Ensign 0. W. Hill to be Lieutenant, by pur
chase, vice Lake, who retires ; John Valentine Hesse,
Gent., to be Ensign, by purchase, vice Hill.
71st Foot'-'-Arthur Edward Morgan, Gent., to be Ensign,
without purchase, vice Carey, promoted ; Assistant-
Surgeon Edwin Wilson, from the Staff, to be Assist-
ant-Surgeon.
89th Foot—Assistant-Surgeon William Henry Priz.e, from
the Staff, to be Assistant-Surgeon.
92d Foot—Assistant-Surgeon James Caudal°, M.D., from
the Staff, to be Assistant-Surgeon.
97,th Foot—John Henry Prior, Gent., to be Ensign, with-
out purchase, vice Holbrook, promoted ; Assistant-
Surgeon Robert Arthur Elliott, from the Staff, to be
Assistant-Surgeon.
Ist West India Regiment=-Lieutenant G. A. Robertson
having absented himself from his regiment, without
leave, has been removed from the Army, her Majesty
having no further occasion for his services.

DEPOT BATTALION.
Captain Bache Harpur Heathcote, from the 48th Foot,
to be Adjutant, vice Drought, who exchanges.
Quartermaster Edward Henry Drake, from half-pay of
the late British German Legion, to be Quartermaster, vice
John Thompson, removed to the Cavalry Depot at Can-
terbury.