examined in any suit or other proceeding in respect of matters or causes testamentary, and may examine or cause to be examined upon oath of affirmation, as the case may require, parties and witnesses by word of mouth, and may, either before or after or with or without such examination, cause them or any of them to be examined on interrogatories, or receive their or any of their affi lavits or solemn affirmations, as the case may be; and the As to production court may by writ require such attendance, and order to be produced before itself or otherwise any deeds, evidences or writings, in the same form or nearly as may be, as that in which a writ of subpoena ad testificandum, or of subpoena duces tecum, is now issued by any of her Majesty's superior courts of law at Westminster; and every person disobeying any such writ shall be considered as in contempt of the court, and also be liable to forfeit a sum not exceeding one hundred pounds.

of deeds, &c.

Powers of the court to enforce orders.

Order to produce any instrument purporting to be testamentary.

Registrars, &c. to have power to ad

minister oaths.

Power to appoint,

also commissioners to administer oaths, &c.

XXV. The Court of Probate shall have the like powers, jurisdiction, and authority for enforcing the attendance of persons required by it as aforesaid, and for punishing persons failing, neglecting or refusing to produce deeds, evidences, or writings, or refusing to appear or to be sworn, or make affirmation or declaration, or to give evidence, or guilty of contempt, and generally for enforcing all orders, decrees, and judgments made or given by the court under this act, and otherwise in relation to the matters to be inquired into and done by or under the orders of the court under this act, as are by law vested in the High Court of Chancery for such purposes in relation to any suit or matter depending in such court.

XXVI. The Court of Probate may, on motion or petition or otherwise, in a summary way, whether any suit or other proceeding shall or shall not be pending in the court with respect to any probate or administration, order any person to produce and bring into the principal or any district registry or otherwise as the court may direct, any paper or writing being or purporting to be testamentary, which may be shown to be in the possession or under the control of such person; and if it be not shown 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 believing that he has the knowledge of any such paper or writing, the court may direct such person to attend for the purpose of being examined in open court, or upon interrogatories respecting the same, and such person shall be bound to answer such questions or 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 attending or in not answering such questions or interrogatories, or not 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; and the costs of any such motion, petition, or other proceeding shall be in the discretion of the court.

XXVII. The registrars and district registrars shall respectively have full power to administer oaths; and all persons who at the commencement of this act shall be acting as surrogates of any ecclesiastical court, and any other persons whom the judge shall, under the seal of the court, from time to time appoint, shall respectively have full power to administer oaths and perform such other duties in reference to matters and causes testamentary as may be assigned to them from time to time by the rules and orders under this act; and the persons so appointed shall be styled "Commissioners of her Majesty's Court of Probate:" provided that any party required to be examined, or any person called as a witness or required or desiring to make an affidavit or deposition under or for the purposes of this act, shall be permitted to make his solemn affirmation or declaration instead of being sworn in the circumstances and manner in which a person called as a witness or desiring to make an affidavit or deposition would be permitted so to do under the Common Law Procedure Act, 1854, in cases within the provisions of

that act; and any person who shall wilfully give false evidence, or who shall wilfully swear, affirm, or declare falsely in any affidavit or deposition before the Court of Probate, or before any registrar, district registrar or commissioner of the court, shall be liable to the penalties and consequences of wilful and corrupt perjury.

XXVIII. If any person forge the signature of any registrar, district registrar, or commissioner for taking oaths, or forge or counterfeit any seal of the Court of Probate, or knowingly use or concur in using any such forged or counterfeit signature or seal, or tender in evidence any document with a false or counterfeit signature of such registrar, district registrar, or commissioner, or with a false or counterfeit seal, knowing the same signature or seal to be false or counterfeit, every such person shall be guilty of felony, and shall upon conviction be liable to penal servitude for the term of his life, or any term not less than seven years, or to be imprisoned for any term not exceeding three years, with or without hard labour.

Penalty on forging or countersignatures of officers.

feiting seals or

XXIX. The practice of the Court of Probate shall, except where other- Practice of the wise provided by this act, or by the rules or orders to be from time to time court. made under this act, be, so far as the circumstances of the case will admit, according to the present practice in the prerogative court.

XXX. And to the intent and end that the procedure and practice of the court may be of the most simple and expeditious character, it shall be lawful for the lord chancellor, at any time after the passing of this act, with the advice and assistance of the lord chief justice of the Court of Queen's Bench, or any one of the judges of the superior courts of law to be by such chief justice named in that behalf, and of the judge of the said prerogative court, to make rules and orders, to take effect when this act shall come into operation, for regulating the procedure and practice of the court, and the duties of the registrars, district registrars, and other officers thereof, and for determining what shall be deemed contentious and what shall be deemed noncontentious business, and, subject to the express provisions of this act, for fixing and regulating the time and manner of appealing from the decisions of the said court, and generally for carrying the provisions of this act into effect; and after the time when this act shall come into operation it shall be lawful for the judge of the Court of Probate from time to time, with the concurrence of the lord chancellor and the said lord chief justice, or any one of the judges of the superior courts of law to be by such chief justice named in this behalf, to repeal, amend, add to or alter any such rules and orders as to him, with such concurrence as aforesaid may seem fit.

XXXI. Subject to the regulations to be established by such rules and orders as aforesaid, the witnesses, and, where necessary, the parties in all contentious matters where their attendance can be had, shall be examined orally by or before the judge in open court: provided always, that, subject to any such regulations as aforesaid, the parties shall be at liberty to verify their respective cases, in whole or in part, by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, be subject to be cross-examined by or on behalf of such opposite party orally in open court as aforesaid, and after such cross-examination may be re-examined orally in open court as aforesaid by or on behalf of the party by whom such affidavit was filed.

Rules and orders to be made for regulating the procedure of the court.

Mode of taking evidence in con

tentious matters.

XXXII. Provided, that where a witness in any such matter is out of the Court may issue jurisdiction of the court, or where, by reason of his illness or otherwise, the commissions or court shall not think fit to enforce the attendance of the witness in open examination of give orders for court, it shall be lawful for the court to order a commission to issue for the witnesses abroad, examination of such witness on oath, upon interrogatories or otherwise, or if or who are unable the witness be within the jurisdiction of the court to order the examination to attend.

Question to be

stated, and jury sworn to try it.

of such witness on oath, upon interrogatories or otherwise, before any officer of the said court, or other person to be named in such order for the purpose; and all the powers given to the courts of law at Westminster by the acts of the thirteenth year of King George the Third, chapter sixty-three, and of the first year of King William the Fourth, chapter twenty-two, for enabling the courts of law at Westminster to issue commissions and give orders for the examination of witnesses in actions depending in such courts, and to enforce such examination, and all the provisions of the said acts, and of any other acts for enforcing or otherwise applicable to such examination, and the witnesses examined, shall extend and be applicable to the said Court of Probate, and to the examination of witnesses under the commissions and orders of the said court, and to the witnesses examined, as if such court were one of the courts of law at Westminster, and the matter before it were an action pending in such court.

XXXIII. The rules of evidence observed in the superior courts of common law at Westminster shall be applicable to and observed in the trial of all questions of fact in the Court of Probate.

XXXIV. Common law judges may sit, on request of judge of court.

XXXV. It shall be lawful for the Court of Probate to cause any question of fact arising in any suit or proceeding under this act to be tried by a special or common jury before the court itself, or by means of an issue to be directed to any of the superior courts of common law, in the same manner as an issue may now be directed by the Court of Chancery, and such ques tion shall be so tried by a jury in any case where an heir-at-law, cited of otherwise made party to the suit or proceeding, makes application to the Court of Probate for that purpose; and in any other case where all the parties to the suit or proceeding concur in such an application, and where any party or parties other than such heir-at-law make a like application (the other party or parties not concurring therein), and the court shall refuse to cause such question to be tried by a jury, such refusal of the court shall be subject to appeal as herein provided.

XXXVI. When the court shall order a question of fact to be tried before itself by a jury, the court may make all such rules and orders upon the sheriff or any other person for procuring the attendance of a special or com mon jury for the trial of such question as may now be made by any of the superior courts of common law at Westminster, and may also make other orders which to such court may seem requisite; and every such jury stall consist of persons possessing the qualifications, and shall be struck, summoned, balloted for, and called in like manner as if such jury were a jury for the trial of any cause in any of the said superior courts; and every jaryman so summoned shall be entitled to the same rights, and subject to the same duties and liabilities, as if he had been duly summoned for the trial of any such cause in any of the said superior courts; and every party to any such proceeding shall be entitled to the same rights as to challenge and otherwise as if he were a party to any such cause; and generally for all purposes of or auxiliary to the trial of questions of fact by a jury, before the court itself, and in respect of new trials thereof, and also for all purposes in relation to or consequential upon the direction of issues, the Court of Probate shall have the same jurisdiction, powers, and authority in all respects as belong to any superior court of common law, or to any judge thereof, or to the High Court of Chancery, or any judge thereof, for the like pur

poses.

XXXVII. When any such question shall be so ordered to be tried by a jury before the court itself, such question shall be reduced into writing in such form as the court shall direct, and at the trial the jury shall be sword Court, on trial, to to try the said question, and a true verdict to give thereon according to the

evidence; and upon every such trial the Court of Probate shall have the have the same same powers, jurisdiction, and authority as belong to any judge of any of authority as a the said superior courts sitting at nisi prius.

XXXVIII. Court may direct where issues shall be tried.

XXXIX. Appeal to the House of Lords.

XL. Advocates admitted to practise-barristers may practise in contentious

causes.

XLI. Advocates admitted to practise as barristers.

XLII. Proctors admitted to practise.

XLIII. Admission of registrars and proctors as solicitors.

XLIV. Admission of articled clerks to proctors as solicitors.

judge at nisi prius.

XLV. All solicitors and attorneys-at-law may practise in the Court of Practitioners. Probate, and the laws and statutes now in force concerning solicitors and attorneys shall extend to solicitors and attorneys practising in the said court; and the commissioners for taking oaths in the High Court of Chancery shall be commissioners for taking oaths in the Court of Probate.

XLVI. Probate of a will or letters of administration may, upon applica- Probates and adtion for that purpose to the district registry, be granted in common form by ministration may the district registrar in the name of the Court of Probate and under the seal be granted in common form by appointed to be used in such district registry, if it shall appear by affidavit district registrars, of the person or some or one of the persons applying for the same that the if it shall appear testator or intestate, as the case may be, at the time of his death had a fixed by affidavit that place of abode within the district in which the application is made, such had a fixed place place of abode being stated in the affidavit, and such probate or letters of of abode. administration shall have effect over the personal estate of the deceased in all parts of England accordingly.

XLVII. Such affidavit shall be conclusive for the purpose of authorizing the grant, by the district registrar, of probate or administration; and no such grant of probate or administration shall be liable to be recalled, revoked, or otherwise impeached by reason that the testator or intestate had no fixed place of abode within the district at the time of his death; and every probate and administration granted by any such district registrar shall effectually discharge and protect all persons paying to or dealing with any executor or administrator thereunder, notwithstanding the want of or defect in such affidavit, as is hereby required.

XLVIII. The district registrar shall not grant probate or administration in any case in which there is contention as to the grant until such contention is terminated or disposed of by decree or otherwise, or in which it otherwise appears to him that probate or administration ought not to be granted in common form.

XLIX. As to transmission of notice of application for grants of probate, &c. to district registrar.

the testator, &c.

Affidavit to be

conclusive for authorizing grant of probate.

District regis

trars not to make grants where

there is contention, &c.

L. In every case where it appears to a district registrar that it is doubtful District registrar whether the probate or letters of administration which may be applied for in case of doubt as to grant to should or should not be granted, or where any question arises in relation to take the directhe grant, or application for the grant, of any probate or administration, the tions of the district registrar shall transmit a statement of the matter in question to the judge. registrars of the Court of Probate, who shall obtain the directions of the

judge in relation thereto, and the judge may direct the district registrar to proceed in the matter of the application according to such instructions as to the judge may seem necessary, or may forbid any further proceeding by the district registrar in relation to the matter of such application, leaving the party applying for the grant in question to make application to the Court of Probate through its principal registry, or, if the case be within its jurisdiction, to a county court.

LI. Dictrict registrars to transmit lists of probates and administrations and copies of wills.

LII. District registrars to preserve original wills.

LIII. Caveats against the grant of probates or administrations may be lodged in the principal registry or in any district registry, and (subject to any rules or orders under this act) the practice and procedure under such caveats in the Court of Probate shall, as near as may be, correspond with the practice and procedure under caveats now in use in the Prerogative Court of Canterbury; and immediately upon a caveat being lodged in any district registry, the district registrar shall send a copy thereof to the registrars to be entered among the caveats in the principal registry; and immediately upon a caveat being entered in the principal registry, notice thereof shall be given to the district registrar of the district, if any, in which it is alleged the deceased resided at the time of his decease, and to any other district registrar to whom it may appear to the registrar of the principal registry expedient to transmit the same.

LIV. Where personalty is under 2001., and real property is under 30H., county court to have jurisdiction.

LV. On a decree being made by a judge of a county court for the grant or revocation of a probate of administration in any such cause, the registrar of the county court shall transmit to the district registrar of the district in which it shall have been sworn that the deceased had at the time of his decease his fixed place of abode, a certificate under the seal of the county court of such decree having been made; and thereupon on the application of the party or parties in favour of whom such decree shall have been made, a probate or administration in compliance with such decree shall be issued from such district registry; or, as the case may require, the probate or letters of administration theretofore granted shall be recalled or varied by the district registrar according to the effect of such decree.

LVI. The judge of any county court before whom any disputed question shall be raised relating to matters and causes testamentary under this act shall, subject to the rules and orders under this act, have all the juris diction, power, and authority to decide the same and enforce judgment therein, and to enforce orders in relation thereto, as if the same had been an ordinary action in the county court.

LVII. The affidavit as to the place of abode and state of the property a testator or intestate which is to give contentious jurisdiction to the judge of a county court under the previous provisions shall, except as hereinafter provided, be conclusive for the purpose of authorizing the exercise of such jurisdiction, and the grant or revocation of probate or administration in compliance with the decree of such judge; and no such grant of probate of administration shall be liable to be recalled, revoked, or otherwise inpeached by reason that the testator or intestate had no fixed place of abode within the jurisdiction of such judge or within any of the said districts at the time of his death, or by reason that the personal estate sworn to be under the value of two hundred pounds did in fact amount to or exceed

of