Church of England or Scotland, or a magistrate or principal officer residing in any of such places respectively, or, if the party making the same shall then reside at any place not within his majesty's dominions or any of the places last mentioned, by the British consul or vice consul, or some officer having a public appointment or commission, civil, naval, or military, under his majesty's government, or by a magistrate or notary public of or near the place where such letter of attorney or will shall be executed; that wills shall not be contained, printed, or written in the same instrument, paper, or parchment with powers of attorney; and that the inspector of seamen's wills may pass the same if it shall appear to the satisfaction of the treasurer of the navy, that, in the attestation thereof, the captain's signature has been omitted by accident or inadvertence. made by prisoners of war. Sect. 49 provides that letters of attorney or wills made by any Wills, &c. petty officer, or seaman, non-commissioned officer of marines, or marine, while a prisoner of war, shall be valid, provided it shall have been executed in the presence of and be attested by some commission officer of the army, navy, or royal marines, or by some warrant officer of his majesty's navy, or by a physician, surgeon, or assistant surgeon in the army or * navy, agent to some naval hospital, or chaplain of the army or navy, or by any notary public. Other pro Sect. 50. Letters of attorney and wills to be noted in visions. the monthly muster books or returns. Sect. 51. Letters of attorney and wills to be examined by the inspector of seamen's wills, before they are acted upon or put in force. Sects. 55, 58, 59, 60 regulate the mode by which probate is to be obtained, subject to an alteration introduced by stat. 2 & 3 W. 4, c. 40, s. 33. Sect. 61 (as altered by stat. 2 & 4 W. 4, c. 40, ss. 14, 15, and the schedule thereto annexed) limits the expense of probates. Sect. 62 imposes penalties upon officers of the ecclesiastical court for offences against the act. Sect. 69 (as amended by stat. 2 & 3 W. 4, c. 40, ss. 12, 13, and stat. 4 & 5 W. 4, c. 25, s. 8) provides for the payment without probate of sums not exceeding 201. payable on account of wages, prize-money, &c. for services of deceased petty officers, seamen, &c. and not exceeding 321. on account of pay, half-pay, or pensions, of any deceased officer, or widow of an officer, &c. Sect. 74 provides for the transmis sion of letters, &c. free of postage. Sect. 81 extends the provisions of the act, so far as applicable to the marines. Sect. 84 provides for the punishment of parties personating any commission, warrant, or petty officer, seaman, &c. Sect. 85, for taking false oaths in order to obtain probate, &c. Sect. 86, for subscribing false petitions for probate; and sects. 87, 88, for forging certificates, &c. or uttering false vouchers. Stat. 28 & 29 Vict. c. pretation 72. Inter By stat. 28 & 29 Vict. c. 72, s. 2, the term “seaman or marine” means a petty officer or seaman, non-commissioned officer of marines or marine, or other person forming part in any capacity of the complement of any of her majesty's vessels, or otherwise belonging to her majesty's naval or marine force, exclusive of commissioned, warrant, and subordinate officers, and assistant engineers, and of kroomen. clause. * Sect. 3. before entry inef Will made 3. "A will made after the commencement of this act by any person at any time previously to his entering into service as a seaman or marine shall not be valid to pass any wages, prize money, bounty money, grant, or other allowance in the nature thereof, or other money payable by the admiralty, or any effects or money in charge of ralty." 4. "A will made after the commencement of this act by any person while serving as a seaman or marine shall not be valid for any purpose if it is written or contained on or in the same paper, parchment, or instrument with a power of attorney." fectual as to wages, &c. the admi Sect. 4. Will incombined valid if with power of attor ney. Sect. 5. Regulations for wills of 5. "A will made after the commencement of this act by any person while serving as a seaman or marine, or when he has ceased so to serve, shall not be valid to pass any wages, prize money, bounty money, grant, or other allowance in the nature thereof, or other money payable by the admiralty, or any effects or money in charge of the admiralty, unless it is made in conformity with the following pro visions : seamen, &c. as to wages, &c. (1.) Every such will shall be in writing and be executed with the formalities required by the law of England in the case of persons not being soldiers in actual military service or mariners or seamen at sea; (2.) Where the will is made on board one of her majesty's ships, one of the two requisite attesting witnesses shall be a com missioned officer, chaplain, or warrant or subordinate officer belonging to her majesty's naval or marine or military force; (3.) Where the will is made elsewhere than on board one of her majesty's ships, one of the two requisite attesting witnesses shall be such a commissioned officer or chaplain, or warrant or subordinate officer as aforesaid, or the governor, agent, physician, surgeon, assistant surgeon, or chaplain of a naval hospital at home or abroad, or a justice of the peace, or the incumbent, curate, or minister of a church or place of worship in the parish where the will is executed, or a *British consular officer, or an officer of customs, or a notary public. A will made in conformity with the foregoing provisions shall, as regards such wages, money, or effects, be deemed to be well made for the purpose of being admitted to probate in England; and the person taking out representation to the testator under such will shall exclusively be deemed the testator's representative with respect to such wages, money, or effects." Sect. 6. made by war. 6. "Notwithstanding anything in this or any other act, a will made after the commencement of this act by a seaman or As to wills marine while he is a prisoner of war shall (as far as reprisoners of gards the form thereof) be valid for all purposes if it is made in conformity with the following provisions:(1.) If it is in writing and is signed by him, and his signature thereto is made or acknowledged by him in the presence of and is in his presence attested by one witness, being either a commissioned officer or chaplain belonging to her majesty's naval or marine or military force, or a warrant or subordinate officer of her majesty's navy, or the agent of a naval hospital, or a notary public; (2.) If the will is made according to the forms required by the law of the place where it is made; (3.) If the will is in writing and executed with the formalities required by the law of England in the case of persons not being soldiers in actual military service or mariners or seamen at sea." 7. "Notwithstanding anything in this act, in case of a will made after the commencement of this act by any person under will while serving as a marine or seaman, and being either in Sect. 7. not in conformity actual military service or a mariner or a seaman at sea, the admiralty may pay or deliver any wages, prize with act. money, bounty money, grant, or other allowance in the nature thereof, or other money payable by the admiralty, or any effects or money in charge of the admiralty, to any person claiming to be entitled thereto under such will, though not made in *conformity with the provisions of this act, if, having regard to the special circumstances of the death of the testator, the admiralty are of opinion that compliance with the requirements of this act may be properly dispensed with." VOL. I. 30 [400] *BOOK THE FIFTH. OF THE ORIGIN OF ADMINISTRATION: AND OF THE APPOINTMENT OF ADMINISTRATORS. CHAPTER THE FIRST. IN WHAT COURT ADMINISTRATION MUST BE TAKEN OUT: AND THEREWITH OF WHAT MAY BE DONE BY THE ADMINISTRATOR BEFORE LETTERS OF ADMINISTRATION ARE GRANTED. In case a party makes no testamentary disposition of his personal property, he is said to die intestate; (a) the consequences of which it is now proposed to consider. SECTION I. In what Court the Letters of Administration shall be obtained. In ancient time, when a man died without making any disposition of such of his goods as were testable, it is said that the king, who is parens patriæ, and has the supreme care to provide for all his subjects, used to seize the goods of the intestate, to the intent that they should be preserved and disposed for the burial of the deceased, the payment of his debts, to advance his wife and children, if he had any, and if not, those of his blood. (b) This prerogative the king continued to exercise for some time tive of the by his own ministers of justice, and probably in the county court, where matters of all kinds were deter Ancient crown: (a) 2 Bl. Com. 494. [Proof of intestacy must be made before letters of administration will be granted. The jurisdiction of the court to grant them is founded on such proof. Bulkley v. Red mond, 2 Bradf. Sur. 281; Redfield's L. & Pr. of Sur. Cts. 158, 159, 164, note; Farley v. McConnel, 7 Lansing, 428.] (b) Hensloe's case, 9 Co. 38 b. |