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the bills), shall be executed in the presence of and attested by the inspector (for the time being) of seamen's wills, or his assistant, or clerk; or unless the same (if the party resides at or within seven miles from any port or place where the wages of seamen in his majesty's service are paid), shall be executed in the presence of and attested by one of the clerks in the office of the treasurer of the navy, resident at such port or place; or unless the same (if the party resides at any other place in Great Britain, Ireland, or in Guernsey, Jersey, Alderney, Sark, or Man), shall be executed in the presence of and attested by a justice of peace, or by the minister, or officiating minister or curate of the parish or place in which such letter of attorney or will shall be executed; or unless the same (if the party reside in any other part of his majesty's dominions, or any colonies, &c. or foreign possession or dependency of his majesty, his heirs or successors, or any settlement within the charter of the East India Company), shall be executed in the presence of and attested by some commission, or warrant-officer, or chaplain of his majesty's navy, or commission officer of royal marines, or the commissioner of the navy, or naval storekeeper at one of his majesty's naval yards, or a minister of the church of England or Scotland, or a magistrate or principal officer residing in any such island, colony, &c. or if the party resides at any place not within his majesty's dominions, or within any place last above enumerated, unless the same shall be executed in the presence of and attested 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." Ib.
55 G. 3. c. 60. § 3. Enacts that every will already or hereafter [Wills exemade by any petty officer or seaman, non-commissioned officer of cuted in marines or marine, at any time while they were or shall be prisoners
prisons of war in parts beyond the seas, shall be as valid as if the same had when been respectively executed and attested in the manner required valid.] by the acts recited in g 1. or any of them. Provided every such will shall have been executed in the presence of and attested by some commission or warrant-officer of his majesty's navy, commission officer of royal marines, physician, surgeon, assistant surgeon, agent, or chaplain, to some naval hospital; or some commission officer, physician, surgeon, assistant surgeon, or chaplain of the army, or any notary public, any thing in any of the said acts to the contrary notwithstanding: but so as not to invalidate or disturb any payment already made under any letter of administration, certificates or otherwise, pursuant to the said printed acts, or any of them, in consequence of the rejection of any such
wills on muster
wills by the inspector of seamen's wills, for want of due attestation
according to the directions of the said acts, or any of them. (Wills not By s 4. No will of any seaman contained in the same instru
ment, paper, or parchment, with a letter of attorney, shall be instrument with power
available in law for any purpose whatever.
By § 5. All commanders of ships shall, on their monthly ney.) muster-books or returns, specify which of the persons mentioned (Entering
therein have made any will during that month, or other space
of time from the preceding return, by inserting the date thereof books.] opposite the party's name under the head of “WILL.” [Examin- § 6. Enacts, That before any such will as in this act menwills by in- tioned, shall be attempted to be acted on or put in force, the spector.] same shall be sent to the treasurer of the navy, at the Navy
Pay-office, London, in order that the same may be examined by the inspector of seamens' wills; who, or his assistants, shall immediately on receipt of every such will, duly register the same in a numerical and alphabetical manner, in separate books, to be kept for that purpose, specifying the date of such will, the place where executed, and the name and addition of the executor or executors; and also the names and additions of the attesting witnesses: and shall mark the said wills with numbers corresponding with those made on the entries thereof in the said books: and shall take all proper means to ascertain the authenticity of every such will, and in case it appears to him, or he has reason to suspect that any such will is not authentic, he shall forthwith give notice in writing to the executor or executors that the same is stopped, and the reason thereof, and shall also report the same to the treasurer or pay-master of the navy, and shall enter his caveat against such will, which shall prevent any money from being received thereon, till the same shall be authenticated, to the satisfaction of the said treasurer or pay-master; but if, on such examination, it appears to the said treasurer, pay-master, or inspector that such will is authentic, the said inspector or his assistant shall sign his name to it, and also pút á stamp thereon,
in token of his approbation thereof. [Probate By $ 8. Where any petty officer or seaman, non-commissioned of wills by officer of marines or marine, who shall have belonged to any ship executors.]
of H. M., his heirs or successors has died or shall hereafter die, having left a will appointing any executor or executors therein, no pay, wages, prize, bounty, or other allowance of money which may
have been due to such testator at the time of his death, shall be paid over to, or recovered by such executor, except on the probate of such will, to be obtained as follows, viz: After such will has been so transmitted, registered, inspected, and approved as herein before directed, the inspector of seamen's wills shall issue to the person named and described as executor or execútrix of such will, a check in lieu thereof, containing directions to return the same, on the testator's death, to the treasurer or paymaster of his majesty's navy, which check shall be in the words and figures, or to the purport and effect following.
18 * IT being directed by act of parliament, 55 Geo. ini. сар. :
that wills granted by petty officers and seamen, non-commissioned officers of marines and marines, belonging to his majesty's navy, shall be lodged in this office for the purposes therein specified; and that a check shall be issued for every such will, mentioning the particular heads thereof, which by virtue of the said act shall stand in the place of the same: this is therefore issued to shew the receipt' at this office, of a will dated at [or, on board of ]
made and executed by A. B. now or formerly of his majesty's ship s in favour of C. D. and appointing E. F. executor [or, executrix] and which is attested by G. H. and J. K. The said E. F. upon the testator's death, is entitled, upon production of this check, to demand of this office, that the said will may be directed and sent to a proctor in Doctors Commons to obtain a probate thereof, which probate is also to be lodged in this office; I
now apply for a certificate, to enable me to obtain probate of • the above mentioned will, being the executor (or executrix] • therein named.--My place of abode is at
E. F. WE hereby certify, that we personally know the above
subscribing E. F. the present holder of this check, who is an inhabitant of this parish ; and that we believe him
[or her] to be the person described as executor [or, • Executrix] therein.
i L. M.
6 N. 0. • both housekeepers of the parish
in the county
6 of I hereby certify, that I have examined the above-named • E. F. the executor (or, executrix] and also the above' named L. M. and N. 0. inhabitant householders in this
parish) as to their knowledge of the said E. F. and of his
[or, her] being the executor (or, executrix] of the will of the above-named A. B. as he [or, she] represents himself [or, herself ] to be; and that I am satisfied with their answers, and have seen the said E. F. sign the said
petition or application, and the said L. M. and N. O. sign « the said certificate in my presence.
• The said E. F. the executor (or, executrix] is
P. Q. Minister.
[Duty of minister, &c. as to signing check.]
“ N. B. If the testator shall die after he leaves the naval
• service, a certificate of his burial, or some other au• thentic proof of his death, must likewise be sent to this
6 office. “If the executor (or, executrix] knows any proctor in
Doctors Commons, he [or, she] is desired to mention his name, that he may be employed in obtaining the probate. • The above application and certificates are to be filled up and signed upon the testator's death, and the check
to be sent by the general post, under cover directed to • the treasurer, or, to the paymaster of his majesty's
' And in the event of testator's death, the minister, officiating minister, or curate of the parish in which the said executor, &c. may then reside, shall, on being applied to for his signature to the certificate at foot of the said check, examine such executor, &c., and such two inhabitant householders of the parish as may be disposed to sign the first certificate on the said check, touching the claim of the said executor, &c., and being satisfied of his or her being the person described as such in the said check, the said executor, &c., shall subscribe the application subjoined to the said check, (the blank therein being first filled up agreeably to the truth,) in the presence of the said minister, &c., and the said two inhabitant householders shall also subscribe the said first certificate on the said check (the blanks being first filled up agreeably to the truth) in the like presence; for which respective purposes the said executor, &c., and householders shall attend when and where the said minister, &c. shall appoint: and the latter shall sign the second certificate on the said check (the blanks therein, and in the description thereunto subjoined, being first filled up agreeably to the truth :) and the said executor, &c. shall, before examination or signing the said application, pay two shillings and sixpence to the said minister for his trouble on the occasion: and the said application and certificates having
been completed according to the directions therein and hereby given, shall be transmitted by the said minister, &c., by the general post, addressed to the treasurer or paymaster of the navy, London: and the said original will having been passed or stamped as directed by this act, the inspector of seamen's wills, or his assistant, shall note thereon the amount of the
due to the deceased, as calculated on the search sent to the inspector from the navy office, and shall forward such will to a proctor in Doctor's Commons, in order to his obtaining probate thereof: and in case the executor or executrix shall not reside within the bills of mortality, the said inspector shall also forward to such proctor, a letter addressed to the said minister in the form or to. the effect following. 6 No.
Navy Pay Office, • Reverend Sir,
18 · I am directed by act of parliament, 55 Geo. III. chap. to forward to you the inclosed [commission, or requisition] • for the purpose of swearing E. F. therein named as execntor
[or, executrix] of the will of A. B. late a seaman (or, marine] in his majesty's navy, deceased, which [commission, or re
quisition] when executed, you will be pleased to return, • addressed as follows: "To the treasurer (or, to the paymaster] of his majesty's navy, London,' specifying and describing the receiver general of the land tax, the collector ! of the customs, or of the excise, or clerk of the cheque, • whose abode is nearest to the executor [or, executrix] and
who will be directed to pay him, [or her] the wages due to the deceased.
• The copy of the will may be delivered to the executor (or, * executrix.]
' I am, reverend sir,
• J. P. Inspector.'
in the county of
i And such proctor having received the said will, and the said [Duty of letter so written by the inspector (in case such letter shall be proctor in
obtaining necessary,) shall immediately sue out the previous commission or
probate.] requisition, or take such other legal steps as may be necessary to enable the executor, &c. to obtain probate: and shall inclose in the said letter, such previous commission or requisition, or other legal or necessary instrument, with instructions for executing the same; and also a copy of the said will and the said letter, and its inclosures shall be forwarded to the said minister, by the general