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thereon to judgment and execution.-Witness, J. H., Judge of the said Court, this day of , A. D. 187 .

E. F., Clerk. J. K., Plaintiff's Attorney.

(B)

Writs of Capias. (L. S.] VICTORIA, by the Grace of God, of the United King

dom of Great Britain and Ireland, Queen, Defen

der of the Faith, &c. To the Sheriff of the County of Greeting:

We command you, that you take C. D., if he shall be found in your bailiwick, and him safely keep until he shall hare given you bail or made deposit with you according to law in an action on promises, (or debt, as the case may be,) at the suit of A. B. against the said C. D., (and E. F., f-c., if there be one or more defendants not to be arrested,] or until the said C, D. shall by other lawful means be discharged from your custody; for that whereas (here set out the cause of action in a brief form]: and we further command you, the said Sheriff, that on the execution hereof upon the said C. D., you deliver a copy hereof to the said C. D., (and we further command you that you serve a copy hereof upon the said E. F., if there be one or more defendants not to be arrested,) and that immediately after the execution hereof you do return this writ, together with the manner in which you shall have executed the same, and the day of the execution thereof; or, if the same remain unexecuted, that you do return the same at the expiration of two months from the date hereof, or sooner if you shall be required thereto by order of the Court or a Judge ; and we hereby command you, the said C. D. and E. F., &c., that within twenty days after service upon you of this writ, you do cause an appearance to be entered for you in the above suit in the County Court for the County of

; and take notice, that in default of your doing so, the said A. B. may cause an appearance to be entered for you, and proceed thereon to judgment and execution.-Witness,

Judge of the said Court, this day of A. D. 187 .

C., Clerk.

Capias in an action already commenced. (L.S.1 VICTORIA, by the Grace of God, &c.

To the Sheriff of the County of Greeting: We command you, that you take C. D., if he shall be found in your bailiwick, and him safely keep until he shall have given you bail in an action on promises, (or debt, &c.) which A. B. has commenced against him, and which is now pending, or until he shall be otherwise lawfully discharged ; and that immediately after execution hererof you return this writ, stating how you shall have executed the same, and the day of the execution hereof.-Witness, &c.

Memorandum to be subscribed on the Writ. N. B.-This writ is to be executed within two months from the date thereof, including the day of such date, and not afterwards.

Indorsement to be made on the Writ. Bail by affidavit for $ . Or,

Bail for $ , by order of (naming the Judge who makes the order.] Dated the day of

Notice to be subscribed on copy of Writ. 1. Take notice, that this suit which was commenced by a writ of summons, will be continued in like mapner as if the defendant had not been arrested on this writ.

(D)

Attachment. (L.S.) VICTORIA, by the Grace of God, of the United King.

dom of Great Britain and Ireland, Queen, Defen.

der of the Faith, &c. To the Sheriff of Greeting :

You are commanded to levy of the goods and chattels of C. D. the sum of , and two dollars for this writ, for costs awarded (or ordered to be paid by the said C. D.) to E. F. by G. H., Esquire, Judge of the County Court for the County of

, in a certain matter of review pending before the said Judge, (or on certain proceedings had before the said Judge at his Chambers, as the case may be); and have that money before the said. Judge immediately after the execution hereof, to be rendered to the said E. F. ; for want of goods and chattels whereon to levy, attach the body of the said C. D., if he shall be found in your bailiwick, and him safely keep until he shall be discharged by due course of law, and make due return of this writ.-Witness, G. H., Esquire, Judge of the County Court for the County of , this day of · A. D. 187 .

A. B., Clerk.

(E) Writ of Fieri Facias on a Judgment for Plaintiff. (L.S.) VICTORIA, by the Grace of God, &c. To the Sheriff of

Greeting: We command you, that of the goods and chattels (lands and tenements) of C. D. in your bailiwick, you cause to be levied and made *(the amount for which the judgment is signed], which A. B. lately in our County Court for the County of recovered against him, whereof the said C. D. is convicted as appears by the record ; and have that money before our County Court Judge for the County of

, at (Shire Town of the County] on, &c., [a return day in Term), to be rendered to the said A. B.: And in what manner you shall have executed this our writ, make appear to us at the return hereof; and have you there then this writ. -Witness, &c. (the date of issuing).

Writ of Fieri Facias on a Judgment for Defendant. (L.S) VICTORIA, by the Grace of God, &c. (as in the preceding form, to the asterisk], which lately in our County Court for the County of , were awarded to C. D. for the costs of defence in an action lately prosecuted in our said Court by the said A. B. against the said C. D., whereof the said A. B. is convicted : (If a verdict has been given in favor of the defendant for a balance, on a plea of set-off, state thus] : “ were awarded to C. D. as well for a balance found due to him from the said A. B. in an action lately prosecuted in our said Court by the said A. B. against the said C. D., as for the costs of defence of the said action ; whereof the said A. B. is convicted ;” and have that money before, &c. (as in the preceding Form).

63

CHAPTER 52.

COURTS OF PROBATE. Section.

Section. 1 Judges of Probate, powers of. 29 Probate Court may issue sub2 Registrar of Probate, duties of pænas. 3 Judges and Registrars to be sworn 30 Citations, how published. 4 Judge when an interested party 31 Process of the Court, Ly whom to take no proceedings.

served. 5 & 6 Appointment of person to 32 All testimony taken by Judge to act as Judge pro hac vice.

be reduced to writing. 7 Judge or professional partner 33 & 34 How Will may be provel may not act as proctor, &c.

when attesting witnesses cannot 8 Judge of the County where de b e produced ; Court may direct

ceased person leaves assets to the issue of a Commission.

have exclusive jurisdiction. 35 Judge shall tax costs; execution 9 Application for letters testamen- therefor.

tary, &c. proceedings thereon. 36 37 & 38 Judge may grant license 10 In case of objection Judge may to Executor to sell real estate ; require bond to be given.

petition for sale, what to contain. 11 Executor neglecting to prove 39 Judge may order Executor to Will, penalty for.

shew cause why land should not 12 Suppression of Will ; penalty for. be sold. 13 Executor of surviving Executor 40 Judge may order real estate to may have administration.

be leased. 14 Appraisers, how appointed. 41 License to be registered. 15 Inventory to be made and filed ; 42 No license to be issued before penalty for neglecting.

filing of bond by Executor; form 16 Inventory, how made.

of bond. 17 Executor not discharged from 43 Sale or letting, how made. debt due the estate.

44 Executor to execute necessary 18 Property discovered after inven- conveyances ; form of convey. tory made, appraisement of

ance. 19 Payment of claims against estate; 45 In case of infants, when Judge

priority of; no priority after may appoint guardians.
July, 1878.

46 Of actions by and against Exe20 Application of assets before no c utors for wrongs of testator. tice of debt.

47 Appeal from Probate Court, how 21 Suits against Executors, plead. made. ings in.

48 Forms in Probate Court. 22 Time to plead, when granted. 49 Penalty for Judge refusing to send 23 Legacies may be recovered at proceedings on appeal perfected.

Common Law; remedy of exe- 50 Suprenie Court may on appeal cutors against each other.

direct a feigned issue. 21 Every Executor to render an ac- 51 No bond given under this Chap

count within eighteen months; ter to be sued without an order penalty for neglect.

of the Supreme Court in Equity; 25 Citation may issue on filing ac exceptions. counts.

52 Petition for distribution of per26 Executors to produce vouchers. sonal estate. 27 Judge may allow to Executor for 53 Supreme Court may if necessary

property lost or destroyed with compel Executor to give security out default.

for the performance of his duty. 28 No Executor to make any profit 54 Proof of Will in solemn form.

out of Estate ; commission of Schedule. Executors. 1. The Judges of Probate already appointed, or hereafter to be so, by the Governor in Council, in the several Counties in this Province,shall have power to take the Probate of Wills and grant administration of the estates of deceased persons in

the manner hitherto in use, and perform the other duties as hereinafter directed to be performed, subject to the rules and directions by this Chapter prescribed ; and shall continue in office, and be in all respects authorized to act as such Judges of Probate, until some other persons shall be appointed in their stead.

2. The Governor in Council may appoint a Registrar of Probates for each County; who shall have the keeping of all books and papers belonging to the Probate Court.

3. The Judges of Probate and Registrars shall respectively be sworn to the faithful performance of their duties, before they enter thereupon.

4. The Judge of Probate shall not grant probate or letters of administration, or take other proceedings as such Judge in any estate in which he is interested as heir, next of kin, executor, administrator, legatee, creditor, or otherwise howsoerer.

5. When the Judge of Probate is so interested, the Gov. ernor in Council, on the application of the Judge of Probate, or the party entitled to Probate or administration, or to take or to have taken any proceedings in any estate, or of any other person interested in such estate, may specially appoint some other person in his stead pro hac vice to act as such Judge of Probate in such matter, who in respect thereto shall have all the powers incidental to the office of Judge of Probate for all purposes connected with such estate for which he shall be specially appointed; provided that nothing in this Chapter shall interfere with the regularly appointed Judge of Probate in respect to any other estate.

6. In case of the sickness or absence from the Province of the Judge of Probate for any County, the Governor in Council may specially appoint some other person in his stead, who shall be sworn to the faithful performance of the duties of his office, and shall have all the powers incident thereto during the sickness or absence from the Province of the Judge of Probate for the County for which such temporary appointment is made.

7. No Judge of Probate or his professional partner, shal! act as proctor, attorney or counsel for the collection of any debt, claim or demand relating to any estate in the County of which he is such Judge, and upon the allowance of which

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