open to the construction that the defendant intended not to incur any personal liability. We will now consider two cases in which it was held that the language used did not shew an intention to bind the agent personally. The first of these is Downman v. Williams, in error, (7 Q. B. 103). The defendant had written to the plaintiff as follows:"Your bill of costs against J. W., amounting to 53, I undertake to have paid to you.-Pembrey Works. Your bill of charges in this matter, amounting to 5277., I also undertake (on behalf of Messrs. Esdaile & Co.) to pay, and will arrange with you the time and mode immediately after the dividend meetings." The Court of Exchequer Chamber, reversing the judgment of the Court of Queen's Bench, held that the defendant was not liable on the undertaking to pay the 5277. Tindal, C. J., delivering the judgment of the Court, said, "As to the first point, the very terms of the letter itself, "I undertake (on behalf of Messrs. Esdaile & Co.) to pay,' would seem to us, in their natural meaning, to point rather to a promise made by one person as agent for another, than as intended to bind the party speaking in the character of a principal; for, upon the latter supposition, there would appear to be no reason whatever for mentioning the name of the principal. To say the least, however, the expression is capable of bearing this construction; and when contrasted with the form of expression used by the defendant in the part of the same letter immediately preceding, viz. Your bill of costs, amounting to 531. 7s. 2d., I undertake to have paid to you,' the distinction between the two modes of expression strongly confirms the interpretation we think it demanded in itself." Tanner v. Christian with the principle on which Downman v. Williams and Lewis v. Nicholson were decided. The language may, as was said by the Court, be consistent with the defendant being a trustee; but it appears to be also consistent, to say the least, with his being a mere agent. The language of the memorandum is-" Memorandum of agreement between the defendant, on the part of N.," &c.-"The defendant, on the part of N., agrees to let," &c. This language is similar to the words in Downman v. Williams and Lewis v. Nicholson, and is not the same as in Norton v. Herron, on which the Court relied, for in that case the body of the agreement ran-" And, first, the said G. H. (the agent) doth hereby agree to execute a lease," &c. And again, in Tanner v. Christian the Court appear to have relied on the expression, "paying unto the defendant, for the use of N., the yearly rent of 407.," as shewing that the rent was not only payable, but reserved to the defendant, and that therefore he would be the party by whom the lease was to be granted. But the whole language of the memorandum appears to point rather to the defendant being the agent of N., and to an agreement to let by N. through the agency of the defendant, reserving the rent to N., but payable to the defendant on his behalf; and that the plaintiff, when called on by the defendant on the part of N., was to take a lease from, and execute a counterpart to, N.; otherwise one is tempted to say, with the Court of Exchequer Chamber in Downman v. Williams, there appears to be no reason whatever for mentioning the name of N. If the defendant was a trustee, the constant introduction before every stipulation of the words on the part of N." was useless, and altogether superfluous; and it is difficult to see how the defendant could have more carefully guarded against the possibility of being considered otherwise than as an agent of N. The circumstance of the memorandum being signed without reference to the principal cannot, since Downman v. Williams and Lewis v. Nicholson, in both of which the defendants signed in their own names simply, be considered as throwing much light on the intention in a case where the memorandum in its commencement and body purported to be made by the defendant on the part of N. It is clear also that N. might have been bound by such a memorandum. 66 In the other, Lewis v. Nicholson, (16 Jur., part 1, p. 1041), the defendants, who were solicitors to the assignees of Arliss & Tucker, who were bankrupts, wrote to the solicitor of the plaintiff the following letter:-"Re Arliss & Tucker-Sir,-In consideration of Mr. J. H. L., the plaintiff, for whom you act, consenting to the sale, &c., we hereby, on behalf of the assignees, consent that the net proceeds of the sale shall be paid over to you or your client, to the extent," &c., and signed it in their own names simply. In reply to this letter, the plaintiff's attorney wrote to the defendants:-"Re Arliss & Tucker.-In compliance with the undertaking given by you herein &c., I hereby, on the part of Mr. J. H. L., consent to the sale,” &c., and signed the same, describing himself as solicitor to the said J. H. L. The Court, after adverting to the circumstance that both the defendants' and the plaintiff's attorney were acting as solicitors in the matter, and that it was clear that the plaintiff's attorney acted only as an agent, and relying on the previous case of Downman v. Williams, held that the defendants were not liable on the contract. They further held, that the circumstances under which the letters containing the contract were written might be looked to for the purpose of ascertaining the intention of the parties, but that a subsequent correspondence contain-interpretation clause informs us, "all matters relating ing admissions by the defendants was inadmissible; and that assuming that the defendants had acted without authority from the assignees, they could not be sued as principals on the contract, but that the proper remedy would be by an action on the case for a false representation of their authority, or by an action on an implied contract for the existence of an authority which they professed to have; and they cited Jenkins v. Hutchinson, (13 Jur., part 1, p. 763; 13 Q. B. 744)*. It will be observed, on examining the grounds of the judgments in Burrell v. Jones and Hall v. Ashurst, that both those cases are distinguishable from the two cases last cited. It seems difficult, however, to reconcile the conclusion at which the Court arrived in * See also Polhill v. Walter, (3 B. & Ad. 114). A FULL abstract of the Solicitor-General's Testamentary Jurisdiction Bill will be found below. It proposes to deal with the subject in a vigorous and we think a satisfactory manner. The whole of the existing jurisdictions are to be abolished, and a testamentary court, consisting of a single judge, (whose place during temporary absence may be supplied by the Master of the Rolls or a Vice-Chancellor), is to have cognisance of all matters and questions testamentary, i. e., as the to the probate of wills, codicils, appointments by will or writing in the nature of a will, and other testamentary instruments as to personal estate, the grants of administration of the effects of deceased persons, and the establishment of testamentary instruments as to real estate." The practice of this court is to be assimilated in all respects to that of the Court of Chancery. There is no provision for local courts or offices, but persons residing beyond the London post district may apply for probates and administrations through the Post-office; and the present Commissioners for taking Oaths in Chancery may take affidavits. The probates and administrations are to be advertised and printed, and copies sold. It is proposed to give to the Court jurisdiction over real estate for testamentary purposes-that is to say, to empower the Court to establish wills of real estate and to appoint a real representative to any deceased person, which representative is to have the same powers of sale, mortgage, and disposition over the real estate of the deceased (other than real estate vested in a trustee or trustees for sale, with power to give discharges) as executors or administrators have over freehold estate. This provision is intended to supply a very pressing want; and in substance it is unexceptionable; but it requires some amendment in detail. Thus it is not clear whether the existence of a mortgagee or trustee for sale, not appointed by the will, would or would not exclude the jurisdiction of the Court; and it is not clear that the mere vacancy of the office of trustee for sale (though capable of being supplied) would not oust the jurisdiction. The case, we think, is one of the many which might much more safely be left to the discretion of the Court than be provided for by strict regulations, which can seldom be framed in terms at once comprehensive and precise. The Legislature may very well trust the Court not to displace the testator's own trustees for sale without sufficient cause. It is proposed to smother all the questions not actually in course of litigation respecting bona notabilia and jurisdiction, by making valid all void and voidable probates and administrations. On the whole, the provisions of the bill seem to be simple and complete, and we hope that the very liberal arrangements for compensation which it contains will in their present or in some modified form be accepted with a good grace both by those who demand compensation and by the public, so that this important reform may not be longer delayed. NOTES OF THE WEEK. In the case of The Ostsee, the Supreme Court of Prize have decided that officers ofther Majesty's navy detaining neutral ships without sufficient grounds, and under a misapprehension of their duty, are liable to make good the loss and expense their act may have occasioned. It may be as well to remind our readers that affidavits sworn in and after the approaching Easter Term are to be expressed in the first person, and divided into paragraphs; each paragraph is to be numbered consecutively, and, as nearly as may be, confined to a distinct portion of the subject. No costs are to be allowed for any affidavit, or part of an affidavit, substantially departing from this rule. (Reg. Gen., Mich. Vac., 1854, rule 2). The form will be as follows:"In the Queen's Bench. "Between A. B., plaintiff, and C. D., defendant. "1. I, E. F., of &c., make oath and say, that &c. "2. And I further say, that" &c. BILL IN PROGRESS. ABSTRACT OF A BILL (Prepared and brought in by Mr. Solicitor-General, Sir George Grey, and Mr. Attorney-General) To abolish the Jurisdiction of all the Ecclesiastical and Peculiar Courts in England and Wales respecting Wills and Administrations, to establish a distinct Court of Probate and Administration, and otherwise amend the Law in relation to Matters Testamentary. 1. Commencement of act. 2. Interpretation clause. 3. The jurisdiction and authority of all ecclesiastical, royal peculiar, peculiar, manorial, and other courts and persons in England and Wales, now having jurisdiction, power, or autho rity to grant or revoke probates of wills or letters of administration of the effects of deceased persons, shall absolutely cease and determine, and no jurisdiction or authority in relation to legacies, inventories, and accounts, or the distribution of the estates and effects of deceased persons, or any testamentary the grant of administration, shall belong to or be exercised by cause or matter, or any matter arising out of or connected with any such court or person as aforesaid. 4. All jurisdiction, power, and authority in relation to the granting probate of wills and letters of administration of the effects of deceased persons now vested in or which might be exercised by any court or person in England or Wales, together with complete jurisdiction for the purpose of determining all questions and matters relating to matters testamentary, shall belong to and be vested in her Majesty, and shall be exercised in the name of her Majesty in a court to be called "The Testamentary Court." 5. The Testamentary Court shall, for the purpose of exercising the jurisdiction, power, and authority hereby vested in of the High Court of Chancery, by statute or otherwise, now the same court, have all the jurisdiction, power, and authority exerciseable by the Court of Chancery with respect to matters within its jurisdiction, and also all powers and authorities, by statute or otherwise, now exerciseable by the Prerogative Court or any other court, or body politic or corporate, or any person whomsoever, exercising or entitled to exercise jurisdiction in relation to matters testamentary. 6. The practice and proceedings in the court, except where otherwise directed by this act, or by any general order of the Lord Chancellor in pursuance of the provisions of this act, shall be similar to the practice and proceedings of the Court of Chancery. in London or Middlesex, or elsewhere, as her Majesty in 7. The court shall hold its sittings at such place or places Council shall from time to time appoint. 8. It shall be lawful for her Majesty to appoint, by letterspatent under the Great Seal of the United Kingdom, a fit and proper person, being or having been a barrister at law of fifteen years' standing at the least, or an advocate of the Court of Arches of ten years' standing at the least, to be the judge of the court. it shall be lawful for the Lord Chancellor to direct that the 9. During the temporary or occasional absence of the judge, Master of the Rolls, if he shall consent thereto, or any of the Vice-Chancellors, shall act as judge of the court. 10. It shall also be lawful for the Lord Chancellor to direct that during the temporary or occasional absence of the Master of the Rolls, or any of the Vice-Chancellors, the judge of the court shall act as a judge of the High Court of Chancery. 11. The judge to be appointed under this act shall have the same powers and privileges, as well in the Testamentary Court as in the Court of Chancery, and shall be subject to the same appointed under an act passed in the 5 Vict. c. 5, and he shall provisions, duties, and observances, as the Vice-Chancellors have rank and precedence next after the Vice-Chancellors. 12. He shall have a secretary, usher, and trainbearer, to be from time to time appointed and removed by him at his pleasure; and the secretaries, registrars, and other officers of the Court of Chancery appointed to attend the Lord Chancellor, and the principal registrar, registrars, and other officers of the Testamentary Court appointed under the provisions of this act, shall attend such judge when sitting in court or in chambers, as circumstances shall require, and as the Lord Chancellor shall order or direct. 13. The salary of such judge, and the salaries of his secretary, usher, and trainbearer, shall be of the same amounts, and paid out of the same funds, and in like manner as the salaries of the Vice-Chancellors appointed under the said act of the 5 Vict. c. 5, their secretaries, ushers, and trainbearers, are now payable. 14. Retiring pension. 5 Vict. c. 5. 15. Lord Chancellor may appoint persons to keep order in court. 16. Power to supply vacancies in office of judge appointed under this act. 17. Seal of the court. 18. The principal office of the court, to be called the "Testamentary Office," shall be established in such place as her Majesty in Council shall from time to time appoint; and until another testamentary office shall be appointed by her Majesty One principal registrar; Five registrars; and So many principal clerks, assistant clerks, officers, messengers, and servants as the Lord Chancellor, with the sanction of the Commissioners of her Majesty's Treasury, may from time to time think fit. 20. Power to increase number of registrars and official clerks. 21. The principal registrar and all the other officers of the court, except as hereinafter mentioned, shall be appointed by the Lord Chancellor. 22. Certain present officers of the Prerogative Court to have equivalent offices in the new court. 23. The principal registrar shall, subject to any orders to be made by the Lord Chancellor, have the general superintendence and control of the offices of the court and the officers thereof, and the business transacted in such offices, and at the time of being appointed shall be or have been an advocate of the Court of Arches of ten years' standing, or a barrister-atlaw of the like standing, or have served as registrar of the court for a period of five years. 24. No person shall hereafter be appointed registrar or principal clerk to the registrars who shall not be or have been an advocate of the Court of Arches, a barrister-at-law, a proctor in the courts at Doctors' Commons or in some ecclesiastical court in England or Wales, or a solicitor of the Court of Chancery: provided, that any person who at the time of the passing of this act is acting as registrar or deputy registrar of any ecclesiastical court shall be eligible to the office of registrar or principal clerk to the registrars. 25. The principal registrar and registrars shall execute their respective offices in person, and shall hold the same during their good behaviour, subject to be removed by order of the Lord Chancellor for some good and reasonable cause to be in such order expressed; the other officers of the court shall execute their respective offices in person, and not by deputy, and shall hold their offices during the pleasure of the Lord Chancellor. 26. The servants and messengers shall be appointed by the principal registrar, with the approbation of the Lord Chan cellor. in the High Court of Chancery shall be commissioners for taking oaths in the court. 31. All the laws and statutes now in force concerning attornies and solicitors shall extend to solicitors practising in the court. 32. Orders to be drawn up by registrar; office copies, &c. 33. The accountant-general of the Court of Chancery and the taxing masters of the same court shall act as accountantgeneral and taxing masters of the Testamentary Court. 34. Accountant-general, &c. to act on orders of the court. 35. Appeal to the Lord Chancellor or Court of Appeal in Chancery, and to the House of Lords. 36. Any person desirous of proving any will, or obtaining letters of administration to the effects of any deceased person, is, either personally or through a solicitor, to apply for the same at the testamentary office of the court, and leave or cause to be left in such office the will, if any, of the deceased, (unless the same shall have been previously deposited in the court or the registries thereof, or shall for any other reason be not required to be left), and also a copy of the will, if any, and an affidavit made by the person or some one of the persons applying for such probate or administration, with a schedule thereto, in a form similar to the form set forth in the Schedule (A.) to this act, with such variations as the nature and circumstances of the case may require, and such other papers as may be necessary for the purpose of obtaining such probate or administration. 37. Where the person applying for such probate or admi. nistration shall be resident out of the limits of the London district post, such application, together with the documents necessary for the purpose of obtaining such probate or admi. nistration, may be addressed and sent through the General Postoffice to the principal registrar. 38. The principal registrar shall cause printed forms to be prepared and circulated, containing directions to commissioners for taking oaths in the court as to the inquiries they are to make of persons applying for probate or administration, and printed forms of affidavits, applicable, as far as circumstances will permit, to the different cases likely to arise, in order that such printed forms of affidavits may be filled up and signed, and sworn to by the applicant. 39. If and when the principal registrar shall be satisfied upon any such application as aforesaid, whether made directly at the testamentary office or sent to him through the General Post-office, that the same ought to be granted, he shall signify 27. All persons who at the time of the passing of this act such satisfaction to the person making such application, and are advocates of the Court of Arches shall be entitled to prac- subject to such regulations as may be made by the Lord Chantise as counsel in any of her Majesty's courts of law or equity cellor as to the mode of payment of the stamp duty payable in England or Wales, in like manner in all respects, and with by law on such probate or administration, and the fees pay. the same rank and precedence, and the same eligibility to ap-able thereon, shall cause such probate or administration to be pointments under acts of Parliament or otherwise, as if they had respectively been duly called to the degree of barrister-atlaw on the day on which they respectively were admitted as advocates in the said Court of Arches. 28. Every person who at the time of the passing of this act is actually admitted and practising as a proctor and notary in the courts at Doctors' Commons, or any ecclesiastical court in England or Wales, may, at any time after the passing of this act, not later than one year thereafter, be admitted as a solicitor of the High Court of Chancery, upon the production of his admission as such proctor and notary, or an official certificate thereof, and upon the production of an official certificate that such admission continues in force, and upon signing the roll of the Court of Chancery, but not otherwise; and such admission shall entitle such proctor so admitted as a solicitor to be afterwards in like manner admitted, if he shall so think fit, and to be inrolled as an attorney of her Majesty's superior courts of common law at Westminster. 29. Every person who at the time of the passing of this act is actually serving or has served as an articled clerk to a person entitled to act as a proctor in the courts at Doctors' Commons, or in some ecclesiastical court in England or Wales, and entitled to take such articled clerk, and who has not been admitted as a proctor, shall be entitled, at any time within one year after his having completed his full term of service as such articled clerk, to be admitted as a solicitor of the High Court of Chancery, upon signing the roll of the same court, and with the like privileges as if he had been admitted as a proctor and notary at the time of the passing of this act. 30. All solicitors of the High Court of Chancery shall be solicitors of the court, and all commissioners for taking oaths granted accordingly, and to be delivered or transmitted through the General Post-office to the person making such application as aforesaid, or his solicitor. 40. Form of probate and administration. 42. The principal registrar shall, within such time after the grant of probate or administration as the Lord Chancellor shall by any general order direct, cause a printed copy thereof to be transmitted through the post to each of the following offices or places; (that is to say), 1. The Metropolitan Register Office of Births and Deaths in London; 2. The Office of her Majesty's Prerogative in Dublin; 3. The Office of the Commissary of the County of Midlothian in Edinburgh; 4. The Office of the Registrar of Births and Deaths in the district within which the deceased died, in all cases where the place of his death shall be known to have been within any such district; 5. Such other offices or places, if any, as the Lord Chan cellor shall from time to time direct. 43. Any printed copy of a will, probate, or administration, to be so transmitted as aforesaid, may be inspected by any person, on payment of a fee of sixpence. 44. The principal registrar shall also retain in the testamentary office so many printed copies of the will or adminis tration as he shall think necessary for inspection and sale, having regard to the nature of the instrument, the amount of the property, and the probable demand for copies thereof. 43. Official printed copies of wills or administrations to be proved or granted after this act shall come into operation shall, so long as any copies retained for sale shall be undisposed of, be issued to any person applying for the same, on payment of such fee as shall be fixed for the same by any order of the Lord Chancellor, to be made as hereinafter mentioned. 46. Every printed copy issued by the principal registrar shall be stamped in such manner as to denote the amount of ad valorem duty which has been paid in respect of such probate or letters of administration. 47. Official written copy of part of a will may nevertheless be obtained. 48. A note containing particulars of every probate or administration to be advertised in London Gazette. 49. Executor or administrator within twelve months to file inventory of effects of deceased. 50. In case of neglect of executor or administrator to file inventory within such period, the court, on application of any person interested, may order same to be filed, with costs. 51. Practice as to caveats in the court to correspond with practice as to caveats in the Prerogative Court. 52. Commissioners for taking oaths to receive and transmit caveats. 53. Instead of citation, summons to be issued by testamentary office, but according to practice of Prerogative Court. 54. Any person having an interest in, and being desirous of, establishing any will of the real estate of any deceased person, or of recalling or revoking any probate or administration which may have been granted through the testamentary office, may institute a suit in the court for the purpose, either by bill or claim, as he may be advised. 55. No demurrer for want of parties, but suit to proceed, if judge think fit. 56. The determination of the court in any such suit, if the court shall think fit so to declare by its decree or order therein, shall bind all persons named or referred to therein by a particular or general description, including persons under disability, whether parties to the suit or not, and persons unborn. 57. Any person named or referred to by any such decree or order as last aforesaid, and purporting to be bound thereby, though not a party to the suit, may have such relief, if any, against the same, by way of rehearing or appeal, or otherwise, as he would have been entitled to in case he had been originally made a party thereto. 58. Existing acts as to sureties in administration bonds repealed. 59. Every person to whom any grant of administration shall be committed shall give bond to the judge of the court for the time being, and, if the court shall so require, with one or more surety or sureties, conditioned for duly collecting, getting in, and administering the personal estate of the deceased, which bond shall be in such form as the Lord Chancellor shall from time to time by any general order direct. 60. Such bond shall be in a penalty of double the amount under which the estate and effects of the deceased shall be sworn, unless the court shall in any case think fit to direct the same to be reduced, in which case it shall be lawful for the court so to do, and also to direct that more bonds than one shall be given, so as to limit the liability of any surety or sureties to such amount as the court shall think reasonable. 61. Power to court to assign bond. 62. Pending testamentary suits (other than appeals to Privy Council) transferred to new court. Saving of present right of appeal to Privy Council. 63. Power to judge of Prerogative Court to deliver written judgments in causes heard before act comes into operation. 64. Where a person has died or shall die wholly intestate as to his personal estate, or leaving a will affecting personal estate, but without having appointed an executor thereof willing and competent to take probate, and it shall appear to the court to be necessary or convenient in any such case to appoint some person to be the administrator of the personal estate of the deceased, other than the person who, if this act had not passed, would by law have been entitled to a grant of administration of such personal estate, it shall not be obligatory upon the court to grant administration of the personal estate of such deceased person to the person who, if this act had not passed, would by law have been entitled to a grant thereof, but it shall be lawful for the court, in its discretion, to appoint such person as the court shall think fit to be such administrator, upon his giving such security (if any) as the court shall direct; and if in the judgment of the court, under the special circumstances of any particular case, it shall be proper or advisable so to do, to appoint as such administrator a person to be under the immediate control of and immediately accountable to the court, and to allow to such person such remuneration out of the estate as the court shall think fit. 65. Administration pendente lite. 66. It shall be lawful for the court to appoint a receiver of the real estate of any deceased person pending any suit in the court touching the validity of any will of such deceased person. 67. Remuneration to administrators and receivers pendente lite. 68. After grant of administration, no person to have power to sue as an executor. 69. Revocation or determination of temporary grants not to prejudice actions or suits. 70. The court shall have the same or the like power and control over all wills and testamentary instruments, and over all papers or writings purporting to be testamentary, as the Prerogative Court now has or can exercise with respect to matters within the jurisdiction of the same court. 71. Court may remove from registry or cancel a forged will, or restore a will which has been tampered with. 72. It shall be lawful for the court, on motion, petition, or otherwise, in a summary way, whether any suit shall be depending in the court with respect to any probate or adminis tration or not, to order any person to produce and bring into the testamentary office of the court, or otherwise as the court may direct, any paper or writing, being or purporting to be testamentary, which may be shewn to be in the possession or under the control of such person; and if it shall not be shewn that any such paper or writing is in the possession or under the control of such person, but it shall appear that there are reasonable grounds for concluding that he has the knowledge of any such paper or writing, it shall be lawful for the court to direct such person to be examined upon interrogatories respecting the same, and such person shall be bound to answer such interrogatories, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like process of contempt in case of default in not answering such interrogatories, or not producing or bringing in such paper or writing, as he would have been subject to in case he had been a party to a suit in the court, and had made such default as aforesaid; and the costs of all such proceedings and of such production as aforesaid shall be in the discretion of the court. 73. Court may direct validity of a will to be tried by jury. 74. Attesting witnesses to will may be examined at discretion of court. Costs. 75. It shall be lawful for any person interested in the real estate of any deceased person, whether such person shall have died before or after the passing of this act, to apply to the court in any suit, or upon motion or petition, in a summary manner, without bill or claim filed, to appoint some person to be the representative of the real estate of such deceased person, or any part thereof; and the court, if it shall think fit, shall, upon notice of such application to such persons, if any, as it shall think fit, have power to make such appointment as to such real estate only of the deceased as may not be vested in trustees or a trustee in trust for sale, with power to give discharges to purchasers, or over which there shall not be a power of sale exerciseable by any trustee or trustees or other person or persons, with a like power of giving discharges to purchasers, or any part of such real estate. 76. Every real representative so to be appointed shall have full power to sell and convey the real estate of the deceased, or so much thereof as shall be comprised in or affected by the order appointing such real representative, and to receive the rents and profits thereof, and to raise money by mortgage of the same, and to give discharges for such purchase and mortgage monies, and rents and profits, and shall apply the money to be received by him for the purposes and in the manner in such order to be expressed, but no purchaser or mortgagee shall be in any manner bound to see to such application. 77. In all suits respecting the real estate comprised in or affected by any order appointing a real representative, the real representative so appointed shall represent such real estate in the same manner and to the same extent as the executor or administrator of any deceased person represents the personal estate of such deceased person. 78. Except where otherwise provided, none of the pro visions herein contained with reference to the real estate of deceased persons shall extend to the real estate of persons dying before this act comes into operation. 79. Except as hereinafter provided, no suit or proceeding shall be instituted or taken to revoke or recall any probate of a will or grant of administration, after the expiration of twenty years from the date of such probate or administration. 80. Further period of ten years for disabilities. 81. On allegation of fraud, court may allow suit after time of limitation elapsed. 82. Void and voidable probates and administrations not under litigation to be valid. 83. Power to Lord Chancellor to make rules and regulations. 84. Judges of present ecclesiastical courts and others, at request of principal registrar, to transmit all wills, &c. in their possession, &c. to the record keepers, to be deposited in testamentary office, there to be arranged for reference. 85. Penalty for default. 86. Power to Lord Chancellor to arrange for temporary custody of wills, &c. until same are deposited in testamentary office. 87. Proviso for appointment of temporary officers. 88. Power to Lord Chancellor to direct registrars to discharge the duties of principal registrar during vacation, &c. 89. Power to Lord Chancellor to remove any officer pointed under this act engaging in other employment. 90. Proctors, solicitors, &c. appointed to any office under this act to cease to be proctors in the courts at Doctors' Commons, and struck off the rolls, as the case may be. 91. Registrars, &c. to have power to administer oaths. 92. Forging or counterfeiting seal of court or signature of officers. Penalty. 93. This act not to affect the stamp duties on probates and administrations. 94. The registrar to deliver copies of wills, &c. to the Commissioners of Inland Revenue. and the said Commissioners of her Majesty's Treasury shall have regard to the fact whether such office shall have been exercised jointly or by deputy, in which case any joint holder of the said office, or the person performing the duties of the office by deputy, shall be entitled to make claim in respect of the emoluments actually received by him under or by virtue of any arrangement entered into with the other joint holder, or the deputy, as the case may be; and the Commissioners of her Majesty's Treasury shall allot to such officers, joint holders of offices, and deputies, and other persons, such sums or annual sums in respect of their several claims respectively, on an average of five years immediately preceding the 1st January, 1855, as to them shall seem just: provided, that in no case shall any such officer, joint holder of an office, or deputy, be entitled to receive any such compensation unless he shall have held such office, joint office, or deputyship for the space of three years immediately preceding the 1st January, 1855; and provided also, that every such officer, joint holder of an office, or deputy, who shall have held such office, joint office, or deputyship for more than three years, but less than six years, immediately preceding the 1st January, 1855, shall be entitled to one-half only of the amount of emolument so enjoyed by him as aforesaid, to be computed on the average of the whole time during which he shall have held such office. 107. And whereas it is apprehended that the fees or emoluap-ments of the persons now practising as proctors in the several ecclesiastical courts will be materially curtailed by the abolition of the exclusive rights and privileges which they have hitherto enjoyed as such proctors in the ecclesiastical courts in matters testamentary: be it enacted, that the Commissioners of her Majesty's Treasury, by examination on oath or otherwise, which oath they are hereby authorised to administer, may inquire into and ascertain the net annual amount of the profits arising from matters testamentary made by such proctors, (not being solicitors or attornies), on an average of five years immediately preceding the 1st January, 1854, or of such proportion of five years as shall have elapsed since such proctor was admitted to practise in such courts in respect to matters testamentary, and to award to every such proctor a sum of money or annual payment, during the term of his natural life, of such amount as the said commissioners shall deem to be equitable: provided that such sum of money or annuity so awarded shall not exceed in value one-half of the net profits derived by such proctor in respect of the matters aforesaid, upon the said average of five years immediately preceding the 1st January, 1854, or of such proportion of the said five years as shall have elapsed since the admission of such proctors to practise in the ecclesiastical courts. 95. Lord Chancellor to prepare table of fees to be taken by officers of court, with power to vary the same as he may think fit, and to publish same in Gazette. No other fees to be taken. 96. No officer to retain for his own use any fees, or accept gratuity. Penalty. 97. Prosecution of offenders. 98. Fees not to be paid in money, but by stamps. 99. So much of the Suitors in Chancery Relief Act as applies to the collection of fees by stamps incorporated, except that separate accounts to be kept. Commissioners of Inland Revenue to retain expenses, &c., and pay residue into Bank of England to an account, "The Testamentary Fee Fund Account." 100. Fees to be paid to the same account. 101. Acts relating to stamps under Commissioners of Inland Revenue incorporated. 108. And whereas divers proctors practising in ecclesiastical courts now are, or may at the time of this act coming into operation be, associated together in partnership: be it therefore enacted, that in all such cases the Commissioners of her Majesty's Treasury shall inquire into and ascertain the terms or conditions of such partnerships, and shall award compensation in respect thereof, as hereinbefore provided, to each of such partnerships, in like manner as if all the emoluments 104. Power to Lord Chancellor to remove any officer be- thereof had been derived by one individual, and shall apportion coming infirm or incapable, and to limit retiring allowance. such compensation among the members of each such partner105. Mode of compensating retiring officers, &c. Super-ship, regard being had to the existing terms and conditions of 102. Power to Lord Chancellor to provide offices, &c. 103. Salaries of officers. annuation allowance. 106. And whereas, by the abolition of the present mode of procedure in matters testamentary, the judges and deputy judges, registrars and deputy registrars, and other persons holding office in the ecclesiastical courts, who are lawfully entitled to receive certain salaries or fees payable in respect of the transaction of business in matters testamentary, will be wholly deprived thereof, and it is reasonable and fit that compensation should be made to such persons in respect of such losses be it therefore enacted, that it shall be lawful for every such judge, deputy judge, registrar, deputy registrar, and other person to claim compensation in respect of such salaries and fees from the Commissioners of her Majesty's Treasury within six months from the time when this act shall come into operation; and it shall be lawful for the Commissioners of her Majesty's Treasury, by examination on oath or otherwise, and in such manner as they shall think fit, to inquire into the nature of the office, and what was the tenure, and what was the clear annual amount, on an average of five years immediately preceding the 1st January, 1855, of the lawful salaries and fees in respect of which compensation shall be so claimed, and to require the production of such evidence as they shall think fit; the same. 109. There shall be awarded to the judge of the Prerogative Court, by way of compensation, an annual sum, equal in amount to the net annual value of the lawful fees and emolu ments of his office, according to such an average, prior to the time of this act coming into operation, as the said Commissioners of her Majesty's Treasury shall think proper, and such annual sum shall be payable to him during his life. 110. Salaries of persons appointed to offices to go in reduction or satisfaction of compensation. 111. Clause for protection of the interests of the Right Hon. Charles Viscount Canterbury. 112. The registry of the Prerogative Court of Canterbury to vest in registrar of the court. 113. Compensation to Rev. R. Moore, for building, to be determined by arbitration. 114. How compensation to be paid. 116. Power to Lord Chancellor to order surplus of Testamentary Fee Fund to be paid into the Exchequer. If fund insufficient to defray salaries, &c., Commissioners of the Treasury to provide for the same. |