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Legacy
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himself to have in his hands free and unadministered, which sum so paid, the claimant shall be at liberty to take out of the hands of the said Registrar.
LXXII. And be it Enacted, That it shall and may be lawful for the Postponemnt of trial Judge in Ordinary to postpone the trial of such matters of fact as he thinks fit until the next sittings; and also to postpone until the next sittings the hearing of the claim on the application of either party, after examining both parties on oath, if he shall think fit, upon the matter of the application, which oath he is hereby authorized to administer.
LXXIII. And it be Enacted, That it shall and may be lawful for the Cases on legacy for Courts of Westminster said Judge, if he shall think fit, and with the consent of both parties, in any case of claim of legacy, to direct a case to be stated for the opinion of one of the courts, either of law or of equity, in Westminster Hall.
LXXIV. And it be Enacted, That in all proceedings by way of cita- Evidence of probate and letters of administration tion and claim for any legacy, the person claiming may either give in evi- dence an exemplification of the record of the Court in which probate shall have been granted, or the probate, or an examined copy of the pro- bate, or the ledger book of the said Court, or an examined copy of the said ledger book, either of which shall be sufficient evidence of the will appointing an executor, or the letters of administration, or a certificate that administration was granted, or the book of Acts of the Court in which administration was granted, or an examined copy of the said book of Acts, either of which shall be sufficient evidence of administration having been granted; and if any person shall have done any act whereby he hath made himself executor of his own wrong, and hath not produced the will of the person deceased or taken out administration, or if any person whether he shall or shall not have proved such will or taken out such administration, shall not have produced any codicil or testamentary paper of the person deceased, then and in that case such executor shall, when he files his article or articles in answer to any claim, produce the original will or codicil or testamentary paper, if any, in which any legacy is alleged in the said claim to have been bequeathed to the party claim- ing, and shall show the same to such party or his attorney within one week after being served with the citation and claim.
LXXV. And it be Enacted, That the Registrar shall issue execution Execution in legacy upon any final order of the Judge in Ordeinary, in any claim of legacy, in like manner as in the case of a judgement in any action brought before the said Judge in Ordinary according to the provisions of this Act.
LXXVI. And it be Enacted, That in every case of claim of legacy Costs in legacy where the cause is tried in the first instance upon the claim and articles by a jury, and the judgement is for the executor or administrator, he 568. F shall
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Identifier: | JB/004/020/001 "JB/" can not be assigned to a declared number type with value 4.
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1830-06-21 |
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[[titles::11 geo. iv sess. 1830 / a bill [as amended by the committee] / for establishing courts of local jurisdiction]] |
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44 |
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(2-43) |
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1941 |
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