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3. — LEGACY.
THE proceeding in Legacy is by Citation and Claim, serving the
office of both subpoena and bill; and by Article, serving the office of
answer, plea, and demurrer.
The citation must be not less than six months after the executor or
administrator's title accrued, and twelve months after the death of
the testator.
The rules for proceeding and pleading in legacy are laid down in
Sections 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78 ; and forms
are given in Schedule (C.)
Wherever the executor or administrator has free assets, he must
either pay the legacy as far as his assets go, or he must show cause
why he does not, stating the claims against the estate, which he apprehends
may be made ; and in that case he must pay the money claimed
into Court, to await the coming in of such claims.
An appeal by way of motion lies from decisions in legacy, to the Courts of Law and Equity, according to rules laid down in Sections 70 & 73.
4. — GENERAL JURISDICTION BY CONSENT.
THIS extends to all Actions at Law. The Consent of parties must be
given in writing, and filed with the Statement, Answer, &c. or at whatever
other stage of the Cause, the necessity arises of extending the
jurisdiction beyond its ordinary limits. This is laid down in Section
14, and the forms are given in Schedule (C.)
The forms of Pleading under such parts of this head as are not exemplified
under the head of Actions, are given in Schedule.(C.)
5.—ARBITRATION.
THE Judge Ordinary is Judge of Arbitration also, and may proceed,
upon any matter at law or in equity referred to him, after the
manner of an arbitrator.
The mode of proceeding is laid down in Sections 79, 80, 81, 82, 83.
The Judge is to raise any question of law on the face of his Award,
that either party desired to carry before one of the superior Courts of
Law or Equity.
He has also power to try any part of the matter referred to him by
a Jury, subject to certain rules.
The reference to him is irrevocable ; witnesses are compellable to
attend him ; false swearing before him is punishable as perjury ; and his
award can only be impeached if it exceed the terms of the reference.
Judgement and Execution on the Award is to be had, as laid down in
Sections 84, 85.
6.—RECONCILEMENT.
Identifier: | JB/004/033/002 "JB/" can not be assigned to a declared number type with value 4.
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1830-06-21 |
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lord brougham displayed |
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033 |
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002 |
[[titles::abstract of bill / [as amended by the committee] / for establishing courts of local jurisdiction]] |
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printed material |
6 |
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(2-5) |
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1954 |
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