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every 501. further, they shall take, besides the said sum of 20s., the sum of 10s, and no more. But we permit the clerks fur every letter of acquittance which they shall write in this behalf, to take 6d. above the premises for their labour. And if any person in
the cases aforesaid shall take above the sum before ordained, in money or other things, he shall pay double within a month to the fabric of the cathedral church. And bishops neglecting to pay the same within the time limited, shall be prohibited ab ingressu ecclesiæ ; and the other inferiors neglecting the same as aforesaid, shall be suspended ab officio et beneficio, until they shall pay the same.
Probation] That is, taking the proofs. Lind. 181.
Approbation] That is, the decree for the validity of the testament. Lind. 181.
Insinuation] That is, publication thereof amongst the acts of the judge. Lind. 181.
Do exceed the sum of 30s. in the computation] Lindwood seems to resent this constitution, as arbitrary and unreasonable; and observes, that the officers of the court were left at liberty to demand what they would, when the inventory was under 30s. Lind. 181.
For their labour] But if it shall happen that witnesses are to be examined, and their depositions to be taken in writing ; it seemeth that for this they shall be rewarded besides, according to the quantity of their labour. And the same is to be understood, if the testament be long in writing ; and it be to be registered, that then the register shall receive a reasonable satisfaction. Lind. 181.
By the 21 H. 8. c. 5. it is enacted, that nothing shall be demanded, received, nor taken, by any bishop, ordinary, archdeacon, chancellor, commissary, official, or any other person or persons who shall have power to take or receive probation, insinuation, or approbation of testament or testaments, by himself or themselves, nor by his or their registers, scribes, praisers, summoners, apparitors, or by any other of their ministers, for the probation, insinuation, and approbation of any testament or testaments, or for writing, sealing, praising, registering fines, making of inventories, and giving acquittances, or for any other cause concerning the same, where the goods of the testator or person so dying do not amount clearly over and above the value of 100s., except only to the scribe to have for writing of the probate 6d., and for the commission of administration of the goods of aný man dying intestate, not being above the like value of 100s. clear, 6d. ; and that nevertheless the bishop, ordinary, or other person having power to take the probation or approbation of testaments refuse not to approve any such testament, being lawfully tendered or offered to them to be proved or approved, so that such testament be exhibited to him or them in writing, with
[ 266 )
wax thereunto affixed ready to be sealed, and that the same testament be lawfully proved before the same ordinary (before the sealing) to be true, whole, and the last testament of the same testator, in such form as hath been commonly accustomed in that behalf. 21 H. 8. c. 5. § 2.
And when the goods of the testator do amount over and above the clear value of 100s. and do not exceed the sum of 40l., that, then they shall not for the probation, insinuation, and approbation of any testament or testaments, or for the registering, sealing, writing, praising, making of inventories, giving of acquittances, fines, or any other thing concerning the same, take or cause to be taken of any person but only 3s. 6d. and not above; whereof to be to the bishop or ordinary, or other person having power to take the probation or approbation of such testament, for him and his ministers, 2s. 6d. and not above; and 12d. residue of the said 3s. 6d. to be to the scribe for registering the
And where the goods of the testator, or person so dying, do amount above the clear value of 40l., that then they shall not take for the probation, insinuation, and approbation, of any testament or testaments, or for the registering, sealing, writing, praising, making of inventories, fines, giving of acquittances, or any thing concerning the same probate of a testament, but only 5s. and not above; whereof to be to the said bishop, ordinary, or other person having power to take the probation of such testament, for him and his ministers 2s. 6d. and not above; and 2s. 6d. residue of the said 5s. to be to the scribe for registering the same; or else the same scribe to be at his liberty to refuse the 2s. 6d. and to have for writing of every ten lines of the same testament, whereof every line to contain ten inches, one penny. $ 3.
And that every such bishop or ordinary, or other person having power to take probation of testaments as aforesaid, their registers, scribes, and ministers, shall approve, insinuate, seal, and register, from time to time, the said testament, and deliver the same, sealed with the seal of their office, to the executor or executors named in any such testaments, for the said sum or sums abovesaid, and in manner and form as is above rehearsed, with convenient speed, without any frustratory delay. $ 4.
And if any person shall require a copy of the said testament so proved, or of the said inventories so made; that then the said ordinary, or other persons having authority to take probate of testaments, or their ministers, shall from time to time, with convenient speed, without any frustratory delay, deliver, or
cause to be delivered, a true copy or copies of the same, to the [ 267 ) said persons so demanding the same; taking for the search and
for the making of the copy of either of the said testament or inventory but only such fee as is before rehearsed for the registering of the said testament; or else the scribe or register to be
at his election and liberty to have for every ten lines thereof, being of the proportion before rehearsed, one penny. 21 H. 8. c. 5. § 5.
Provided, that where any person or persons having power to take probate of testaments, have used to take less sums of money than is abovesaid, for the probation of testaments or commissions of administrations, or other cause concerning the same, they shall take and receive the same as before this act they have used to take, and not above. § 6.
And every bishop, ordinary, archdeacon, chancellor, commissary, official and other person having authority to take probate of testaments, their registers, scribes, praisers, summoners, apparitors, and all other their ministers, whatsoever they be, that shall do or attempt, or cause to be done or attempted, against this act in any thing, shall forfeit for every time so offending, to the party grieved in that behalf, so much money as any such person abovesaid shall take contrary to this present act; and over that shall forfeit 101., whereof one moiety shall be to the king, and the other moiety to the party grieved, that shall sue for the same in any of the king's courts; but that every of them which shall incur or fall into the danger of such penalty or forfeiture, shall be charged only for himself, and none of them to be chargeable to that penalty for other's offence. $7.
$ 2. Or for any other manner of cause concerning the same] And it maketh no difference, whether the probate be written upon the testament itself, or upon a transcript ingrossed; and in this latter case, if a greater fee be taken by the judge on account of ingrossing, this is within the prohibition of the statute, as was adjudged in the case of Rouse and Real, where the fee taken did amount to 4s. 10d.; and it was said, that if the executor required any to ingross the testament, he may agree with him whom he requireth to do it as he can; but the judge ought not to exact any fee on that account due to him. 4 Inst. 336. Gibs. 485.
Upon the whole, Dr. Gibson observes, that it is agreed on all hands, that the fees given by this act are become much too small, by the great alteration of the value of money, and the prices of things; and therefore now the rule is, the known and established custom of every place, being reasonable : which, as he hath been informed (he says), hath been adjudged a good rule. Gibs. 487.
By Can. 132. it is ordained, that no judge or register shall in [ 268 ] anywise receive for the writing, drawing, or sealing of any such commission (as in the said canon before is mentioned), above the sum of 6s. 8d., whereof one moiety to be for the judge, and the other for the register of the court.
And by the statute of the 26 H. 8. c. 15. Forasmuch as
divers of the king's subjects inhabited within the archdeaconry of Richmond in the county of York, have been of long time sore and grievously exacted and impoverished by the parsons, vicars, and others, such as have benefices and spiritual promotions within the same, as by taking of every person when he dieth, in the name of a pension or of a portion, sometime the ninth part of all his goods, and sometime the third part, to their open impoverishment; it is enacted, that no manner of spiritual person or others who shall have any manner of benefice or other spiritual promotion within the said archdeaconry, shall in no wise ask, levy, demand, or take, after the decease of any person, any such portions or pensions, nor any other demand or duty in the name or lieu of the same, on pain of a præmunire; but that all the king's subjects of the said archdeaconry, and their executors and administrators, shall be ordered, intreated, and used for their goods and chattels after their decease, in like manner as is contained in the statute of the 21 H. 8. C. 5. for probate of testaments, and none otherwise: any use, custom, bull, composition, prescription, or ordinance heretofore obtained or used to the contrary not
withstanding (Fees for
And by the 31 G. 2. c. 10. No ecclesiastical court, or any perprobate of son whatsoever, under any pretence, shall take more than one wills or letters of
shilling for the seal, parchment, writing, and suing forth of the administra- probate of any will, or any letters of administration, granted to tion of sea- the widow or children, father or mother, brother or sister, of any goods.]
inferior officer, seaman, or marine, dying in the pay of his majesty's navy, and for the pains, trouble, and expence attending the suing forth of such probate or letters of administration, unless the goods do amount to the value of 20l.; nor more than two shillings, unless the goods do amount to the value of 40l.; nor more than three shillings, unless the goods do amount to the value of 601. And in all cases where it shall be necessary to issue commissions, to swear the widows or children, father or mother, brother or sister, being executors or administrators of such inferior officers, seamen, or marines; no ecclesiastical court, or any person whatsoever, under any pretence, shall take more than one shilling for the seal, parchment, writing, and suing forth of any such commission, and for the pains, trouble, and expence
attending the same, unless the goods do amount to 20l.; nor [ 269 ] more than two shillings, unless the goods do amount to 40l.; nor
more than three shillings, unless the goods do amount to 60l.: on pain of forfeiting 501. to the party grieved; to be recovered, with full costs, by action of debt, bill, plaint, or information, in any of his majesty's courts of record at Westminster, or elsewhere.
P. 23. Stamps. [By 55 Geo. 3. c. 184. Schedule, Part the Third, the follow
ing stamp duties are imposed.
On probates and letters of administration with the will annexed, to be granted in England.
Where the estate and effects for or in respect of which such probate or letters of administration shall be granted, exclusive of what the deceased shall have been possessed of or entitled to as a trustee, for any other person or persons, and not beneficially, shall be
d. Above the value of 20 under the value of 100
0 10 0 Of the value of 100
5 0 0 300 4:50
0 0 450
11 0 0 600
15 0 0 800
22 00 1,000
30 0 0 1,500
40 0 0 2,000
50 0 0 3,000
60 0 0 4,000
80 0 0 5,000
100 0 0 6,000
120 00 7,000
140 0 0 8,000
160 0 0 9,000
180 0 0 10,000
2000 0 12,000
2200 0 14,000
250 0 0 16,000
280 0 0 18,000
310 0 0 20,000
350 0 0 25,000
400 0 0 30,000
450 0 35,000
525 0 0 40,000
600 0 0 45,000
675 0 0 50,000
750 0 0 60,000
900 0 0 70,000
1,050 0 0 80,000
1,200 0 0 90,000
1,350 0 0 100,000
1,500 0 0 120,000
1,800 0 0 140,000
2,100 0 0 160,000
180,000 2,400 0 0 180,000
2,700 0 0 200,000
3,000 0 0 250,000
300,000 3,750 0 300,000
4,500 0 0 350,000
5,250 0 0 400,000
500,000 6,000 0 0 500,000
600,000 7,500 0 0 VOL. IV.