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

NEW' COURT OF PROBATE.

(Franz last night's Gazette.)
WHITEHALL, JAN. 6.

The Queen has been pleased to direct letters patent to
be passed under the Great Seal of the United Kingdom of
Great Britain and Ireland, appointing Sir Cresswell
Cresswell, Knt., to be Judge of her Majesty's Court of
Probate.

The following rules and orders wore issued yes-
terday :
CONTENTIOUS BUSINESS.
Rules and Orders for her Majesty's Court of Probate,
made ander the Provisions of the " Act to amend the
Law relating to Probates and Letters of Administra-
tion in England" (20 and 21 Vic., cap. 77), in respect
of Contentious Business (Sec. 30.)
1. All proceedings in the Court of Probate or in the
Registries thereof in respect of business not included in
the act itself under the expression " common form busi-
ness," except the warning of caveats, shall be deemed to
be contentions business.
2. Executors or other parties who previously to the
passing of the act might prove wills in solemn form of
law shall be at liberty to prove wills under similar cir-
cumstances, and with the :same privileges, liabilities, and
effect, as heretofore.
3. Next of kin and others who previous to the passing
of the act had a right to put executors or other parties
entitled to administration with the will annexed upon
proof of the will in solemn form of law shall continue to
possess the same rights and privileges, and be subject to
the same liabilities with respect to costs as heretofore.
4. Parties who previously to the passing of the act
had a right to intervene in the cause shall conti❑ue to
possess the same right, subject to the same limitation.
and the same rules with respect to costs as heretofore.
5. A caveat shall remain in force for the space of six

months, and then expire and be of no. effect, but may be
• renewed from time to time as heretofore. A caveat shall
- be warned at the place mentioned in it as the address of
the person who entered it. It shall 'be sufficient for the
warning of a caveat that one or the registrars send by
the public post.a warning signed by himself, and directed
to the person who entered it, at the address mentioned
in it.
6. Upon a party appearing in answer to the warning
of a caveat, the matter shall be entered as a cause in
the court book, and the conteaxioea bukness shall
thereupon be held to commence.
7. Where a party proposes to prove a will or codicil
in solemn form of law, and no caveat has been entered,
or a caveat has been entered and no appearance given to
- the warning thereof, the contentious business shall be
held to commence with the extracting of a citation in
the forms Nos. 3,5, or in some similar form.
8. Citations to see proceedings may be extracted from
the registry on the application of any party to the cause.
A form is given, No. 4. Before a party cau proceed after
t the service of a citation an appearance must have been
previously entered by or on behalf of the party cited, or
an affidavit of personal service must have been filed in
the registry, or the order of the judge, founded on an
affidavit, and giving leave to proceed, must have been
obtained and filed in the registry. . .

9. Every citation shall be written or printed on
parchment, and the party taking out the same, or his
proctor, solicitor, or attorney, shall take it, together
with a praecipe, a form of which is given, marked No. 6,
to the registry, and there deposit the prmeipe and get
the citation signed and sealed. The address given in
the prwcipe must be within three miles of the General
Post-office. Personal service cf any citation shall be
effected by leaving a copy of the citation with the party
cited, and showing him the original it required by him
to do so.
10. The entry of the appearance cf a party e'ual be
accompanied by an address within three miles of the
General Pest-office.
11. It shall be sufficient to leave all pleadings and
other proceedings not expressly requiring personal ser-
vice under these rules and orders at the address furnished
so as aforesaid by the plaintiff and defendant respectively.
12. In case the party cited does not appear within the
time limited in the citation, the plaintiff shall allege the
default of appearance on the record, and the cause shall
thereupon proceed in default.
13. The form to be used in entering an appearance is
given, No. 7.
14. In case of proving a will in solemn form of law
the plaintiff shall declare in the forms Nos. 8 and 9, or
as near thereto as the circumstances of the' case admit ;
and such declarition shall be delivered to the defend-
ant, and a copy thereof filed in the registry upon one and
the same day.
15. The declaration may be delivered to the defendant
at any time after the defendant has entered an appear-
ance. If the plaintiff do not deliver his declaration '
within one month after an appearance has been given,
the defendant may apply to the judge in chambers to fix
a time within which such declaration shall be delivered.
16. In case of proceedings in default, the plaintiff
shall file his declaration in the registry within 8 days from
the last day allowed in the citation for the appearance
of the defendant.
.17. The defendant, if desirous of pleading, must
deliver his plea to the plaintiff within 8 days atter the
service of the declaration, and file a copy thereof in the
registry on one aed the same day, otherwise he will not
be permitted to plead, except with the permission of the
judge. Forms of pleas are given, Nos. 10 and 11.
18. If the plaintiff propound a will, and the defend-
ant in his plea allege the existence of a will of later date,
the plaintiff as well as the defendant may, with and
subject to the persuasion of the judge, adduce proof on
the trial of the validity of the will upon which he relies.
19. In testamentary causes, the several scripts of the
testate-, that is to say, wills, codicils, drafts of wills or
codicils, or written instructions for the same, sball
continue to be brought into the registry as heretofore.
And for this purpose, every plaintiff shall at the time
of filing the copy of his declaration in the registry file
therewith an affidavit of scripts to the effect of form
No. 12 ; and in like manner the defendant, upon filing
the copy of his plea, shall file there with a similar affidavit.
The time-for the filing of these affidavits of scripts may
be varied by order of the judge, on the application of
either party. Every script coming within the terms of
the affidavit, and of which the deponent has any know-
ledge, is to be specified therein, and every script in the
custody, or under the control cf the party making the
affidavit is to be annexed thereto, and deposited there-
with in the registry.
20. Either of the parties may give in such further
pleading as he may be advised. If either party desire
to amend the pleadings, he may do so by permission of
the judge, and in such form, and under such terms, as
the judge may approve. Tile ferns of the declaration
and plea will, it is presumed, be a sufficient guide to
practitioners as to the form of any further pleadings.
21. If the defendant or plaintiff shall be of opinion
that the declaration or plea, or subsequent pleading does
not disclose sufficient to enable him to proceed with
safety, ha may apply to the judge to order the pleadings
to be amended ; and, if necessary, further application
may be made to the judge thereon.
22. Within eight days after the delivery of the last
pleading in the cause the plaintiff is to deliver to the
defendant the issue in the form No. 13, or in a form as
near thereto as the circumstances of the case will admit.
23. The plaintiff, after delivery of the issue, shall give
notice to the defendant, that, after the expiration of eight
clear days, he intends to apply to the court to try the
question at issue before itself, either with or without a
jury, or to direct an issue to be tried before a judge of
Assisi., as the case may be ; and if the plaintiff do nut
give such notice within sixteen days from the day on
which the issue was delivered the defendant may give a
similar notice to the plaintiff. A. form of notice, No.
14, is subjoined.
_ .

24. A copy of every such notice shall be filed in the
e registry upon the day on which the seine is served upon
the opposite party in the cause.
25. In each case the judge shall direct, and, if neces-
sary, after hearing the parties, in what mode the cause
. shall be tried.
26. After the direction of the judge has been obtained
as to the mode in which the cause is to be heard, the
p laintiff shall, within four clear days, deposit the record
o f the cause in the registry. The record is to conclude
with a statement of the mode in which the judge has
directed the cause to be tried, as in the forte No. 15.
27. The plaintiff shall, on the day upon which he sets
down the cause as ready for trial, give notice to each
party for whom an appearance has been entered of his
having done so ; and if he delay setting down the cause
as ready for trial for the space of one month after the
court has directed the mode in which the queAron at
issue shall be tried, the defendant may set the cause
down as ready for trial, and give a similar netice to the
plaintiff and the aforesaid other parties. A copy of every
such notice shall be filed in the registry ; and the cause,
excepting the judge shall otherwise direct, shall come on
in its turn.
28. In default of the appearance of the party cited, a
record, in form No. IG, or as near theret) as can be,
shall be filed in the registry.
29. Every subpcera ,1141 l be written or printed on
parchment, and may Moloch. the names of any number
of wi..nesses. The party, or his solicitor, or attorney,
Oral! take it, together with a pi (forms of which
are given, marked 17, 13, 19, xnd 20) to the registry, and
there get it signed and sealed, and there deposit the
p,wipe.
lfd. Either the plaintiff or defendant may call upon
the other party, by notice in writing in the form annexed,
No. 21, to admit any document, saving any just excep-
tions; and in case of refusal or neglect to admit the
lame, the costs of proving time document shall be paid
by the party so neglecting or refusing, whatever the
result of the cause 'nay be, uniese at Ulu trial the judgeshall eertify:that the refia.al to adint, was reasonable;
and no ecs.,syt‘provitig any document snail Lc g; von ex-
cept in eases where the emission to give the notice in
the opinion of the re2ijttar
.31. A -s-al.lag of expense.
pplice
"":" 41tc.,ion of instruments
purporting to `l9e,'te,tarnentitrY;'aild sLown to be in the
possession or tuickie the contras tif y person'
or persons,
as
,reentioned the 260 t section of i'theact,
may
be made
td the judge, on
,motion or petition or by
summons
served on'the opposite party iu City suit, and upon mu
tirn and affidavit in ca,e.4 where rko
i.
Perms of sApconas applicable tbese ::s'esarle'engdiv'netig,
Nov. 22, 23; 2A; and 25.
32- The hearing of the case shall`-be
w conducted' in
to
no court, and the-conel shall address the court, e
the same rules and regulations as now obtain in the
courts of common law. i
33. After the conclusion of the trial, the registrar shaw
enter on the record the finding of the jury, or the decl-
sion of the judge, in a form corresponding as near as
may be with that given, Nos. 26 and 2.7, and shall sign
the same.
34. Any person proceeding to prove a will in solemn
' form, or to revoke the probate of a will, may, if the will
affects real estate, apply to the judge for an order au-
thorising him to cite the heir or heirs at law or other per.