administration of the said rents, issues, and profits, which shall be allowed by the said court, and all the rest and residue of the said rents, issues, and profits do deliver and pay under the direction of the said court, then this obligation to be void and of none effect, or else to remain in full force and virtue. in the Signed, sealed, and delivered by the within-named RULES AND ORDERS FOR REGULATING THE PRACTICE OF THE COUNTY COURTS, In Proceedings taken under the Provisions of the Act 20 & 21 Vict. c. 77, for amending the Law relating to Probate and Letters of Administration in England. 1. Any person desirous of taking proceedings in any county court under the statute 20 & 21 Vict. c. 77, for amending the law relating to probates and letters of administration in England, shall lodge with the registrar of the court having jurisdiction in the matter an application in writing according to Form A, annexed, duly stamped with the proper duty thereon (a), and at the same time lodge with the registrar an office copy of the minute of the Court of Probate authorizing such application. 2. Where any person shall have lodged a caveat against the grant of probate or letters of administration, and proceedings are proposed to be taken in a county court, the person who shall have applied for the probate or letters of administration shall be deemed the plaintiff in the proceedings, and the person who shall have lodged the caveat shall be deemed the defendant. 3. The party making application to a county court for the revocation of probate or letters of administration shall be deemed the plaintiff in the proceedings, and the party against whom the application is made shall be deemed the defendant. 4. Where an application shall be made to a county court for the grant or revocation of probate or letters of administration, the registrar shall issue a notice to the defendant according to Form B, annexed, and deliver a notice, according to such form, then and there to the plaintiff or his agent. 5. The above-mentioned notices shall be issued ten clear days before the day on which the judge shall proceed to make a decree in the matter. 6. Notices shall be served by a bailiff of the court, by his delivering the same to some person at the respective places of residence of the parties, as mentioned in the application for proceedings to be taken. 7. The registrar of the county court, at the time that he issues the notices in proceedings for the revocation of the grant of probate or letters of administration, shall give notice by post, according to Form C, annexed, to the district registrar by whom the probate or letters of administration has been granted, to produce the original will or other necessary documents at the county court at which the matter of the application will be considered. 8. The certificate to be given by the registrar of a county court under sect. 55 of 20 & 21 Vict. c. 77, shall be according to Form D, annexed; and on or before the day mentioned in the notice, the plaintiff shall deliver to the registrar such form, stamped with the proper duty thereon, and the cause shall not proceed until such form duly stamped is so delivered: provided that the defendant may procure and deliver such form duly stamped, if the plaintiff shall have neglected to deliver such form so stamped. (a) The stamps to be used in the county courts under the act 20 & 21 Vict. c. 77, can be obtained of the different local distributors of stamps. 9. Upon the day mentioned in the notice the judge, whether both parties are then before him or not, may proceed to consider the matter of the application, and to make a decree thereon, or he may adjourn the proceedings from time to time as he may think fit. 10. The decree shall be according to Form E, annexed, and a copy of such decree shall be sent by post to the plaintiff and defendant. 11. Where application for probate or letters of administration has been made at the principal registry, and any contentious matter shall arise out of such application, and the judge of the Court of Probate shall send the cause to a county court, the registrar, upon the receipt of such cause, shall forthwith issue a notice, according to Form B. in the schedule, both to the plaintiff and defendant, without any application being made to the court by the plaintiff. 12. In proceedings for which rules and orders are not hereby provided the rules and practice of the Court of Probate shall be followed so far as they are applicable. 13. The enactments, practice and forms in force and used in the county courts shall, subject to the foregoing rules and orders, be adopted with reference to proceedings in the county courts in matters of probate or letters of administration, so far as the same are applicable, mutatis mutandis. In pursuance of the powers vested in us by the appointment of the Lord Chancellor under the provisions of the statute 19 & 20 Vict. c. 108, we, James Manning, John Herbert Koe, Edward Cooke, John Worlledge, and William Furner, have, under the provisions of the statute 20 & 21 Vict. c. 77, framed the above rules and orders, and we do hereby certify the same to the Lord Chancellor accordingly. JAMES MANNING. JOHN WORLLEDGE. I approve of the above to come into force on the 4th day of February, 1858. CRANWORTH, C. FORMS, Which are to be followed as nearly as the circumstance of each Application to a county court for proceedings to be taken under the act 20 & 21 Vict. c. 77, for amending the law relating to probates and letters of administration in England. I, A. B. of [or C. D., proctor, solicitor, or attorney of A. B. of do hereby apply to the judge of the above court for a decree to be made by him, according to the provisions of the above act, for the grant [or revocation] of probate of the will [or letters of administration in the goods] of [here insert name and address of testator or intestate]; and I hereby state that the person who has applied for probate or letters of administration [or who has obtained probate or letters of administration, or is the party against whom this application is made] is E. F. of of Take notice, that at a county court to be holden at at the hour of in the on the day noon, the judge of this court will proceed to make a decree for the grant [or revocation] of probate of the will [or letters of administration in the goods] of [here insert name and address of testator or intestate], unless cause be then shown to the contrary; and you are hereby informed, that, if you do not attend on that day, the judge may proceed to make such decree in your absence. day of Dated this 186 Registrar of the court. Hours of attendance at the office of the registrar [place of office] from ten till when the office will be closed at one. four, except on Whereas an application has been made to this court to revoke the grant of probate of the will [or letters of administration granted by you in the goods] of [here insert the name and address of the testator or intestate]; and whereas the matter of such application will be considered by the judge of this court on the at the hour of in the I therefore request that you will cause to be produced before the judge on that day [the will (a), and] all documents which are in your possession relating to the matter. Dated this day of noon, Registrar of the court. Hours of attendance at the office of the registrar [place of office] from ten till four, except on when the office will be closed at one. Certificate of a Registrar of a County Court, under sect. 55 of 20 & 21 I, A. B., registrar of the above court, do hereby certify, that the following decree was made in the above cause. Upon the hearing of the application in this cause, at a court holden this (a) To be left out where administration without will annexed has been granted. |