Section 246. Apl~lication~

246. Apl~lication~ z I . ACT No. 'X OF 1865. 245 ~ ~ ~ l i c a t i o n s for.lettera of adminifit,ration shall .he made bv relatives of the doooased, and t,heir respective residences, the right in which txe petitioner olairns, that the deceased left some property within the jurisdiction ,of the District Judge to whom the application is made, and the amount of assets which are likely to come to the petitioner's Lauds. cases be subscribe petition for orobate therein is true t o the best ~f my information and belief." 4 c `1` (C D), one of the witriesses to the last Will and testament of the testator mentioned in the above petition, declare that I mas present and saw the said testator affix his signature (OT mark) thercto (as the case nzuy be), (or that the said testator acknowledged the writing annexed to the above petition to be his last Will al?d testament in my presence)." 249, If any petition or declaration which is hereby required to be tion. person shall be subject to punishment according to the provisions of the law-for the time being in force for the punishment of giving or fabricating false evidence. 169 ACT No. X OF '1865. -think proper, to examine the petitioner in person, upon oath or soleinn affirmation, and also to require further evidence of the due execution of the Will, or the right of the petitioner to the letters of administration, as the cise may be, and to issue citations calling upon all District Judge may examine petitioner in person and require 'further eviden~e,and issue citations to inspect tlie claiming to have any interest in the estate of the deceased to come and see the Court-house, and also in the Office of the Collector of the District, and otherwise published or made known in sucl~ manner as the Judge issuing the same inay direct, 251. . Cayeats against the grant of probate or administration may be caveat being entered with the District. Judge, a cnno `I-` `J` thereof shall be given to any other Judge t.0 whom it map appear f.0 . the District Judge expedient to transmit the same. 252.[The caveat shall ][be, ][t,o tlie following effect ][:-" ][Let ][notl-lipg ][be ] Form of caveat. done in the matter of the estate of A. B, late o.f 9 deceased, who died on the day of at without notice to C D of the same has been entared as the Court 'shall khink reasonable. 254,[When it sl~all appear to the Judge that probate, of a Will sllould ] Grant of probate tobe[be granted, he w<iU grant the ] [samd ][under ][the ][seal of ][his ] under seal of the Court. Court in manner following :- "I, a For111 of such grant. `J J` ""' last Will of late of , a copy whereof is hereunto annexed, mas proved and registered before me, and that administratioil of the property and credits of the said deceased, and in any way concerning his Will, was granted to the executor in the said Will named, he having undertaken to administer the same, and to make a true inventory of the said property and credits, and to exhibit the same at or before the expiration of a year next ensuing. and also to render a true account thereof." 255.[And wherever it shall appear to the District Judge that letters of ] nnder seal of Coui,t. - '"L'J "' ' he will grant the same under the seal of his Court in --" 3 . .. `"a*-" "A* ".a-` Forill of such grant. , . , . , ! , the case may 6e) of the property and credits of , late of deccaged, wcrc grantcd to , the father (or as the case maLy be) of the deceased, he having undertaker] to admiriisler the same, and to make a true ii~ventory of the said property and credits, and to exhibit the same in this Court at or before the expiration of one year next ensuing, and also to render a true account thereof." 256. Every person to whom any grant of administration shall be coinkitted slrall give ;bond to the Judge of the bistrict ~drninistrat,ion-bond. Court to enure for the benefit of the Judge for the time being, with one or more surety or sureties, engaging for the due collection, in, and administering the estate of the deceased, which bond shall be in such form as the Judge sllalI from time to time by any general or special order direct. ACT No. X OF 1865. 257. The Court may, oil application made by petition and on beins h g that the nloney received be paid into Court, or otherwise as the Court may think fit, assign the same to some person, his executors or administrators, whd shall thereupon be entitled to sue on the saicl bond in his own name as if the same had been originally given to him instsad of to the Judge of the Court, and shall be entitled to recover thereon as trustee for all persons interested, the full amount recoverable ifi respect of a.ny breach thereof. 258. No probate of `n` TVilI shall be granted until after the expiration of seven clear days, and no letters of administration shall be granted until after the expiration of fourteen clear days from the day of the testator or intestate's death. Probate not to be graiited until after seven days, and letters of ahlinistration until after fourteen days, kolll the testator's or intestate's death. 259.[Every District Judge shall file and preserve all original Wills ][of ] of original wl~ich probate or 1ett.ers of administration wit11 the Will which probate annexed mag be granted by him among the records of his ar.Court, until some public registry for MTills is established ; and the Local Government shall make regulations for the and inspection of the Wills SO filed as aforesaid. Filing of original which probate or letters of administrat,iou with Will ar.nexed have been grant- After any grant of probate or letters of administration no other than the person to whom the same shall have been granted shall have power to sue or proseci~t,e any suit, or otherwise act as representative of the deceased, thl.oughout the Province in which the same may have been graxrted, until such sllall have been recalled or revoked.. ' ~ $ 0 . Grantee of ,,r letters of administration shall alone have power to sue, &c., ulltil & sa~xe shall havebeen rerolced. planbate or letters of 261.[In ][any case before the Dist,rict Judge: in which ][there ][is ][con- ] tention, the proceedings shall take, as nearly as may Procedure in contentious cases. be, the form of a regular suit, according to the pro- `F` isions A 1 .. ACT KO. X OF 1865. visioils of the Code of Civil Procedure, in which the petitioner for probate or letters of administration, as the case may be, shall be the plaiutiff, and the person ~ 1 1 0 may have appeared as aforesaid to oppose the giant. shall be the efendant.