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

As to Letters of Administration.

29. Where administration is applied for by one or.
some of the next of kin only, there being another or
other next of kin equally entitled thersto, the regis-
trars may require proof by affidavit or statutory
declaration that notice of such application has been
given to such other next of kin.
30. Limited administrations are not to be granted
unless every person entitled to the general grant has
consented or renounced, or has been cited and failed to
appear, except under the direction of the judge.
31. Whenever the court under sect. 73 appoints an
administrator other than the person who prior to the
act wiu'd have been entitled to the grant, the same is to
be made plainly to appear in the oath of the administrator
in the letters of administration, and in the administra-
tion bond.

32. The registrars are to take care (as far as possible)
that the suretiesto administration bonds are responsible
persons.
33. In all cases where grants administration are made
for the use and benefit of minors, the administrators are
required to exhibit a declaration on oath of the personal
estate and effects of the deceased, except where the
effects are sworn under twenty pounds, or where the
administrators are the guardians appointed by the High
C mrt of Chanc- ry, or are the testamentary guardians of
the loin re ; and in all cases of persons cited, but not
personally, Lind not appearing, the administrators are
required to exhibit a similar declaration and the sureties
are required to justify.
34. In all administrations of a special character the
recitals in the oath and in the letters of administration
must be framed in accordance with the facts of the case.
35. Grants of administration will continue to be made
as heretofore to the guardians of minors and infants, for
the nse and benefit of such minors and infants, during
their minority; and elections by minors of their next of
kin or next friend, as the case may be, to such guardian-
ship, will continue, to be required ; but proxies accepting
such guardianship will in future be dispensed with.

General Rules and Orders for the Principal Registrars.
36. No probate or letters of administration, with the
will annexed, shall issue until after the lapse of seven
days from the death of the deceased, unless under the
direction of the judge.
37. No letters of administration shall issue until after
the lapse of 14 clear days from the death of the de-
ceased, unless under the direction of the judge.
38. The registrars may, in cases where they deem it
necessary, require proof, in addition to the oath of the
executor or administrator, of the identity of the de-
ceased or of the party applying for the grant.
3P. In every case where probate or administration
for the first time, applied for after the lapse of threeyears
from the death of the deceased, the reasons of the delay
is to be certified to the registrars. Should the certificate
be unPatiafactorythe registrars are to require an affidavit.
49. The oath of administrators, and of administrators
with the will annexed, is to bo so worded as to clear off
all persons having a prior right to the grant, and the
grant is to show on the face of it how the prior interests
have been cleared off. _

41. The usual oath of administrators i?, as well 33 that
of executors and administrators with the will, to be
reduced into writing, and to be subscribed and sworn
by them as an affidavit, and then filed in the registry.
42. Every will er a copy of a will to which an executor
or administrator with the will iet sworn should be marlud
by such executor or administrator and by the person
before whom he is sworn. _ _ .

43. After motions have been made before the judge in
court with regard to applications for probate and admi-
nistration made at the district registries, the registrars
are, unless the judge shall otherwise direct, to return to
the district registrars the original papers and documents,
with the directions of the judge thereon.
44. Papers and other documents may be transmitted
by the registrars of the principal registry to the district
registry through the post-office. Such letters or packets
are to be superscribed witn the words, " On her Majesty's
service," and may be registered if thought necessary.
45. In the case of persons residing out of Eagland,
administrations with the will annexed, and administra-
tions, may be granted to their attorney, acting under a
power of attorney duly attested.
46. The addition and true place of abode of every
person making an affidavit is to be inserted therein.
47. In every. affidavit read° by two or more pereolis,
the names of the several persons making it are to be
written in the jurat.
43. No affidavit. will be admitted in any matter
depending in the C _mrt of Probate in the jurat of which
the re is any iuterliueatien or erasure.
49. Where en affidavit is mado by any person who is
blind, or who from his or her signature or otherwise
appears to he illiterate, the registrar, commissioner, or
other person before whom such affidavit is made, is to
state in the jurat that the affidavit was read in the pre-
sence of the party making the same, and that such party
s.urned perfectly to understand the same, and also that
the said party made his or her mark, or wrote his or her
signature, in the presence of the registrar, commissioner,
or other person befere whom the affidavit was made.
50. No affidavit is to be deemed sufficient which has
been sworn before the party on whose behalf the same
is offered, or before his proctor, solicitor, or attorney,
or before a clerk of his proctor, solicitor, or attorney.
51. Proctors, solicitors, or attorneys, and their clerks
respectively, if acting for any other proctors, solicitors,
or attorneys, shall be subject to the rules in respect of
taking affidavits which are applicable to those in whose
stead they are acting.
52. A caveat shall remain in force for the space of six
months only, and then expire and be of no effect ; but
caveats may be renewed from time to time as heretofore.
53. The registrars shall, immediately upon a caveat
being lodged, send notice thereof to the registrars of any
district in which it is alleged the deceased resided at
the time of his death, or in which he is known to have
had a fixed place of abode at the time of his death.'
54. No caveat shall affect any grant made on the day on
which the caveat is entered, unless notice of such caveat
has been received prior to the grant passing the seal.
55. A caveat shall be warned at the place mentioned
in it as the address of the person who entered it.
56. It shall be sufficient for the warning of a caveat
that a registrar send by the public post a warning signed
by himself, and directed to the person who entered it,
at the address mentioned in it.

57. Any person intending to oppose a grant of probate
or letters of administration, must appear, either person.
ally, or by hie proctor, solicitor, or attorney, and enter
an appearance iu the principal registry. This rule is to
apply whether the person intending to oppose the grant
has or has nut been previously warned to a caveat or
served with a citation.

53. Citations against all persons in general, and other
instruments, heretofore required to bo served by affix:ng
them in some public place, are in future to be served by
the insertioa of the same as advertizernente in such of
the leading morning and evening papers, and such of the
local papers, as the judge may from time to time direct.
Such citations can only be allowed to issue in cases
where there is an affidavit to lead them.
59. The registrars are not to allow probate of the will,
or administration with the will annexed, of any blind
person, or of any obviously illiterate or ignorant person,
to issue, unless they have previously satisfied themselves
that the said will was real over to the deceased before
its execution, or that the deceased had at such time
knowledge of its contents.
60. Whenever, enbeequently to a grant having been
made, the value of the personal estate and effects of the
deceased person is reeve ern under a different amount, or
any renunciation is filed, or any alteretiou i 3 made in the
grant, notice of such re-:wearing, renunciation, or alter-
ation ie without delay to be forwarded by the registrars
of the principal registry to all the district registrars.
61. The teal is not to be affixed to any probate or
lettere of administration granted in Ireland, so as to give
operation thereto as if the grant had been made by the
unless such probate or
divalyEentgalmanpde'd in respect of the per
aCiotau
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aPt
irooab abtee
sonal estate and effects of which the deceased died pae.
seesel in England, and unless the same appear from a
stamp on the probate or letters of administration cx
from a certificate of the Commissioners of Inland Re-
pressly denoting the saute, or unless the same appear
venue or their proper officer.
62. In all cases where application ie matte for letters
of administration (either with or without a will annexed)
of the golds of a bastard dying a bachelor, or a spinster,
or a widower, or widow, without issue, or of a person
dying without known relation, notice of such application
is to be given to her Majesty's procnr4t9r•general, in