thereon to judgment and execution.-Witness, J. H., Judge [L. S.] VICTORIA, by the Grace of GOD, of the United Kingdom of Great Britain and Ireland, Queen, Defen We command you, that you take C. D., if he shall be found in your bailiwick, and him safely keep until he shall have given you bail or made deposit with you according to law in an action on promises, (or debt, as the case may be,) at the suit of A. B. against the said C. D., [and E. F., &c., if there be one or more defendants not to be arrested,] or until the said C. D. shall by other lawful means be discharged from your custody; for that whereas [here set out the cause of action in a brief form]: and we further command you, the said Sheriff, that on the execution hereof upon the said C. D., you deliver a copy hereof to the said C. D., (and we further command you that you serve a copy hereof upon the said E. F., if there be one or more defendants not to be arrested,) and that immediately after the execution hereof you do return this writ, together with the manner in which you shall have executed the same, and the day of the execution thereof; or, if the same remain unexecuted, that you do return the same at the expiration of two months from the date hereof, or sooner if you shall be required thereto by order of the Court or a Judge; and we hereby command you, the said C. D. and E. F., &c., that within twenty days after service upon you of this writ, you do cause an appearance to be entered for you in the above suit in the County Court for the County of ; and take notice, that in default of your doing so, the said A. B. may cause an appearance to be entered for you, and proceed thereon to judgment and execution.-Witness, Judge of the said Court, this day of A. D. 187. C., Clerk. [L.S.] (C) Capias in an action already commenced. To the Sheriff of the County of Greeting: We command you, that you take C. D., if he shall be found in your bailiwick, and him safely keep until he shall have given you bail in an action on promises, (or debt, &c.) which A. B. has commenced against him, and which is now pending, or until he shall be otherwise lawfully discharged; and that immediately after execution hererof you return this writ, stating how you shall have executed the same, and the day of the execution hereof.-Witness, &c. Memorandum to be subscribed on the Writ. N. B.—This writ is to be executed within two months from the date thereof, including the day of such date, and not afterwards. Indorsement to be made on the Writ. Bail by affidavit for $ the order.] Dated the Or, by order of [naming the Judge who makes day of Notice to be subscribed on copy of Writ. 1. Take notice, that this suit which was commenced by a writ of summons, will be continued in like manner as if the defendant had not been arrested on this writ. (D) Attachment. [L.S.] VICTORIA, by the Grace of GOD, of the United King. dom of Great Britain and Ireland, Queen, Defen. der of the Faith, &c. You are commanded to levy of the goods and chattels of C. D. the sum of , and two dollars for this writ, for costs awarded (or ordered to be paid by the said C. D.) to E. F. by G. H., Esquire, Judge of the County Court for the County of , in a certain matter of review pending before the said Judge, (or on certain proceedings had before the said Judge at his Chambers, as the case may be); and have that money before the said Judge immediately after the execution hereof, to be rendered to the said E. F.; for want of goods and chattels whereon to levy, attach the body of the said C. D., if he shall be found in your bailiwick, and him safely keep until he shall be discharged by due course of law, and make due return of this writ.-Witness, G. H., Esquire, Judge of the County Court for the County of this day of A. D. 187 (E) A. B., Clerk. Writ of Fieri Facias on a Judgment for Plaintiff. [L.S.] VICTORIA, by the Grace of GOD, &c. To the Sheriff of We command you, that of the goods and chattels (lands and tenements) of C. D. in your bailiwick, you cause to be levied and made *[the amount for which the judgment is signed], which A. B. lately in our County Court for the County of recovered against him, whereof the said C. D. is convicted as appears by the record; and have that money before our County Court Judge for the County of at [Shire Town of the County] on, &c., [a return day in Term], to be rendered to the said A. B.: And in what manner you shall have executed this our writ, make appear to us at the return hereof; and have you there then this writ. -Witness, &c. [the date of issuing]. (F) Writ of Fieri Facias on a Judgment for Defendant. [L.S.] VICTORIA, by the Grace of GOD, &c. [as in the preceding form, to the asterisk], which lately in our County Court for the County of were awarded to C. D. for the costs of defence in an action lately prosecuted in our said Court by the said A. B. against the said C. D., whereof the said A. B. is convicted: [If a verdict has been given in favor of the defendant for a balance, on a plea of set-off, state thus]: "were awarded to C. D. as well for a balance found due to him from the said A. B. in an action lately prosecuted in our said Court by the said A. B. against the said C. D., as for the costs of defence of the said action; whereof the said A. B. is convicted;" and have that money before, &c. [as in the preceding Form]. 63 Section. CHAPTER 52. COURTS OF PROBATE. 1 Judges of Probate, powers of. Section. 29 Probate Court may issue sub- 2 Registrar of Probate, duties of. 5 & 6 Appointment of person to 32 35 7 Judge or professional partner 33 may not act as proctor, &c. 8 Judge of the County where deceased person leaves assets to have exclusive jurisdiction. 9 Application for letters testamentary, &c. proceedings thereon. 10 In case of objection Judge may require bond to be given. 36 11 Executor neglecting to prove 39 12 Suppression of Will; penalty for. 14 Appraisers, how appointed. 41 15 Inventory to be made and filed; penalty for neglecting. 42 16 Inventory, how made. 17 Executor not discharged from debt due the estate. 43 44 Process of the Court, by whom served. All testimony taken by Judge to be reduced to writing. & 34 How Will may be proved when attesting witnesses cannot be produced; Court may direct the issue of a Commission. Judge shall tax costs; execution therefor. 37 & 38 Judge may grant license to Executor to sell real estate; petition for sale, what to contain. Judge may order Executor to shew cause why land should not be sold. Judge may order real estate to License to be registered. Sale or letting, how made. conveyances; ance. In case of infants, when Judge may appoint guardians. Of actions by and against Exe cutors for wrongs of testator. Appeal from Probate Court, how made. 48 Forms in Probate Court. 49 22 Time to plead, when granted. 25 Citation may issue on filing ac counts. 26 Executors to produce vouchers. 27 Judge may allow to Executor for property lost or destroyed without default. 51 52 53 28 No Executor to make any profit 54 out of Estate; commission of Executors. Penalty for Judge refusing to send Petition for distribution of per- Supreme Court may if necessary compel Executor to give security for the performance of his duty. Proof of Will in solemn form. Schedule. 1. The Judges of Probate already appointed, or hereafter to be so, by the Governor in Council, in the several Counties in this Province, shall have power to take the Probate of Wills and grant administration of the estates of deceased persons in the manner hitherto in use, and perform the other duties as hereinafter directed to be performed, subject to the rules and directions by this Chapter prescribed; and shall continue in office, and be in all respects authorized to act as such Judges of Probate, until some other persons shall be appointed in their stead. 2. The Governor in Council may appoint a Registrar of Probates for each County; who shall have the keeping of all books and papers belonging to the Probate Court. 3. The Judges of Probate and Registrars shall respectively be sworn to the faithful performance of their duties, before they enter thereupon. 4. The Judge of Probate shall not grant probate or letters of administration, or take other proceedings as such Judge in any estate in which he is interested as heir, next of kin, executor, administrator, legatee, creditor, or otherwise how soever. 5. When the Judge of Probate is so interested, the Governor in Council, on the application of the Judge of Probate, or the party entitled to Probate or administration, or to take or to have taken any proceedings in any estate, or of any other person interested in such estate, may specially appoint some other person in his stead pro hac vice to act as such Judge of Probate in such matter, who in respect thereto shall have all the powers incidental to the office of Judge of Probate for all purposes connected with such estate for which he shall be specially appointed; provided that nothing in this Chapter shall interfere with the regularly appointed Judge of Probate in respect to any other estate. 6. In case of the sickness or absence from the Province of the Judge of Probate for any County, the Governor in Council may specially appoint some other person in his stead, who shall be sworn to the faithful performance of the duties of his office, and shall have all the powers incident thereto during the sickness or absence from the Province of the Judge of Probate for the County for which such temporary appointment is made. 7. No Judge of Probate or his professional partner, shall act as proctor, attorney or counsel for the collection of any debt, claim or demand relating to any estate in the County of which he is such Judge, and upon the allowance of which |