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that he may be employed in obtaining the letters of 'administration.'

This application when filled up and attested, is to be 'sent by the general post, under cover, directed to the treasurer or to the paymaster of his majesty's navy, • London.'

And the inspector shall, at the same time, send to such minister a letter, acquainting him with the nature of the claim and the steps to be taken thereon, in pursuance of the directions hereinafter in that behalf contained: and also send to the claimant a letter advising him or her of the forwarding of the said petition or paper, under cover, to such minister, and directing him to take such steps as are hereinafter inserted, for substantiating his claim to the satisfaction of the inspector: and on receipt of the said petition or paper, and letter, the minister shall, on being applied to for his signature to the said paper, examine the claimant, and also such two inhabitant householders of the parish as may be disposed to sign the first certificate on the said paper, touching the right of such claimant to the administration arising to the degree of relationship stated in such petition; and being satisfied of such right, the person claiming such administration, shall fill up the several blanks in the first part of the said paper, as the truth may be, and subscribe the same in the presence of the said minister; and the two householders shall subscribe the first certificate on the said paper (the blanks therein being first filled up agreeably to the truth) in the like presence: for which respective purposes the said claimant and householders shall attend when and where the minister shall appoint: and the minister shall sign the second certificate on the aforesaid paper, (the blanks therein, and in the description thereunto subjoined, being first filled up agreeably to the truth) and the said claimant shall, before examination or signing the said petition, pay to the said minister two shillings and sixpence for his trouble; and the said paper being completed, shall be returned by the said minister, by the general post, addressed to the treasurer or paymaster of the navy, London, who on receiving the same, shall direct the inspector of seamen's wills to examine the same, and make such enquiry relative thereto, as may seem to him necessary in that behalf; and being satisfied, shall forthwith make out a certificate in the words and figures following, or to the like effect.

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• HAVING duly examined an application made to this office

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and late a seaman [or marine] belonging who died intestate a widower

day of

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◄ and without leaving any one of a nearer degree of kindred to him; and it appearing that no will of the deceased has been lodged in this office, I therefore grant this abstract of the said application, and certify, that I believe what is therein stated to be true; and also that the said C. D. may obtain letters of ad'ministration to the effects of the said A. B. deceased, which ' effects appear not to exceed the sum of provided

6

always, that she [or, he] is otherwise entitled thereto by law. 'J. P. Inspector.

• To

6

• Proctor in Doctors Commons.'

N. B. The previous commission or requisition (if such 'should be necessary) is to be addressed agreeably to the superscription of the within cover, in which the same is to be enclosed, and forwarded by the proctor; and when such commission or requisition shall be returned to this office, it will be forwarded to him, and he is then to sue out letters of administration, and send them to the inspector, with his charge noted 'thereon.'

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And after filling up the blanks in the said certificate, as the case may require, the said inspector shall sign and address the same to a proctor in Doctors Commons: and in case the person claiming administration shall not reside within the bills of mortality, shall inclose and send with such certificate, a letter addressed to the minister and church-wardens, or elders of the parish within which such person shall then reside, signifying the transmission of such commission or requisition, for the purpose of swearing the claimant as administrator or administratrix as aforesaid provitled to the best of the said minister's belief, he or she answers the description contained in the same; and instructing him to return the commission or requisition when executed, under cover, addressed to the treasurer or paymaster of the navy, London; and to specify and describe the receivergeneral of the land-tax, collector of the customs or excise, or clerk of the cheque, whose abode is nearest to the person äpplying for such administration, and who will be directed to pay him or her the wages due to the deceased; and the proctor to whom such certificate shall be addressed and sent, shall immediately on receipt of the same, sue out the previous commission or requisition if necessary, or take such other steps as may be proper towards enabling the person so applying for letters of administra

[Minister's

jecting the petition.]

tion to obtain the same; and shall enclose such previous commission, &c., or other legal and necessary instrument, with instructions for executing the same, in the letter so to be addressed to such minister, by the said inspector as last aforesaid, and shall forward such letters and enclosures by the general post, agreeably to the address put thereon by the treasurer or paymaster of the navy, or the said inspector.

Provided that if the minister shall reject the said petition or duty on re- paper for want of proof to his satisfaction, of the claimant being the person entitled to administration of the deceased's effects, he shall state his reasons for such rejection on such petition, and forthwith return it addressed to the treasurer or paymaster of the Navy as aforesaid: and in case no application is made to him by the claimant, or no effectual steps taken by the claimant so as to complete the said petition, and the certificates thereon within two calendar months from the date of the Inspector's letter accompanying it, the minister shall at the expiration of that time forthwith return the said petition or paper addressed as above, with his reason for doing so noted thereon. § 11.

[Minister's duty on receiving

commis

sion.]

[Treasurer,

shall direct inspector to issue check.]

§ 12. Enacts that such minister shall immediately on receipt of such letter as aforesaid, with the previous commission or requisition, or other instrument inclosed therein, take such steps as to him may seem fit to procure the execution thereof, and being so executed shall transmit it to the treasurer or paymaster of the Navy, London: and if the person applying for such administration shall be at a distance from the place where the money due to the deceased is payable, he shall specify the receivergeneral of land-tax, collector of customs or excise, or clerk of the checque, who may be most convenient, to such person applying for administration: and the said treasurer or paymaster shall immediately on receipt thereof send the said previous commission, &c. so executed as aforesaid to the proctor employed in Doctors Commons, who shall forthwith sue out letters of administration to the estate of the intestate, in favour of the applicant.

By § 13. As soon as any letters of administration, or probates of as paymas- wills or letters of administration, with will annexed, have been obter of navy, tained and passed the seal of the proper court in the manner hereinbefore directed, in the different events hereinbefore specified, the proctor who has sued out the same, shall immediately send the same addressed to the treasurer or paymaster of the Navy, together with the copy of the will, and an account of his charges in obtaining the same: which shall not exceed the sums hereinafter allowed: and the said treasurer on receipt thereof, shall direct the inspector of seamen's wills to issue a check containing the heads of such letters of administration or probate of will, or letters of administration with will annexed, as the case may be, and

the latter shall note thereon the amount of the said proctor's expences, provided they be at the rates hereinafter allowed, and shall likewise specify on the said check; the revenue officer or clerk of checque residing as aforesaid, nearest to the administrator or executor so to be named in such check, if such communication has been made to him: which check of letters of administration, or of letters of administration with will annexed so prepared shall be delivered over by him to the said administrator; and which check of probate of will shall be delivered over by him to the said executor, together with the copy of the will so transmitted to him by the proctor, the said copy being first stamped by the inspector, if the said administrator or executor shall be present, or demand it in person, but if not present, then the inspector shall deliver such check and such copy of will to the deputy paymaster, which check shall be as follows, or to the like effect.

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IT being directed by act of parliament, fifty-fifth George third, chap. that letters of administration and probates of wills, granted to the representatives of petty 'officers and seamen, non-commissioned officers of marines, ' and marines, belonging to his majesty's Navy, shall be lodged ' in this office, as vouchers to the treasurer for payments made thereon, and that a check shall be issued for every such ad ́ ministration and probate of will, and administration with will 'annexed, specifying the particular heads thereof, which, by 'virtue of the said act, shall stand in place of the same; this is 'therefore issued, to shew the receipt at this office of [letters of 'administration, probate of will, letters of administration with ' will annexed] granted to C. D. of 'the county of • Administrat

as [administrat

execut

in

with will annexed] of A. B. late of his ma

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The aforesaid [letters of administration, probate of will,
⚫ letters of administration with will annexed] were sued out
proctor in Doctors Commons, whose charges amount
J. P. Inspector,

6

' by

to

To the deputy paymaster of the Navy.'

By 14. If any proctor, registrar, or other ecclesiastical offi- [Proctor cer, shall deliver any letters of administration, probate of will, or

not to deliver letters

to treasurer

or paymas

ter of navy.]

of adminis- letters of administration with will annexed, to any other person than tration but the treasurer or paymaster of the navy, or the said inspector, as directed by this act, he shall forfeit for every such offence, 100%. to the use of Greenwich Hospital; and if any prize-agent shall pay any prize money due to a deceased petty officer or seaman, non-commissioned officer of marines, or marine under any other authority than the check directed by this act, to be issued by the inspector, the payment shall be void: and the agent shall forfeit for such offence a sum equal to such prize money, to the use of Greenwich Hospital: to be recovered with costs, either in the name of the governors, or of the treasurer of the navy, without essoin, &c. or more than one imparlance allowed.

[Expence

probate or

letters of adminis

tration.]

By 15. No ecclesiastical court or registrar thereof, or any of suing out proctor or other person soever shall, under any pretence, take and receive more for serving out probates or letters of administration, in order to receive wages, pay prize or bounty money, or other money due to such petty officers, &c. at his death, or for his services in his majesty's navy, than the several sums in Schedule (B): Provided that if at any time hereafter any increase or diminution takes place in the stamp duties on such instruments, then the charges shall be increased or diminished to the extent of such alteration or diminution, but no further, or otherwise.

[Penalties

on proctors than allow ed, and on magistrates, &c. aiding

taking more

them.]

lowed to

By § 16. Any officer, proctor, or other persons, who shall presume to take any more than the sums in the different events specified in Schedule (B.) for the charges of probates, &c. shall forfeit to the party grieved 50l.; to be recovered with costs in any court of record: or if any registrar or other officer of any ecclesiastical court shall knowingly be aiding in procuring probate or letters of administration, for the purpose of enabling any person to receive the wages, pay prize money or allowance of money due, or becoming due, for the services of any petty officer or seaman, non-commissioned officer of marines, or marine, on board any of his majesty's ships, otherwise than is prescribed by this act, every such proctor, registrar, or other officer, shall for ever after be incapable of acting in any capacity, in any ecclesiastical court in G. B., and shall forfeit 500l., recoverable in any court of record at Westminster, in moieties to the king and informer.

[Extra By § 17. Whenever any extraordinary trouble or expence reasonable shall attend the suing out letters of administration, or letters of adcharges al- ministration with the will annexed, to the widow or next of kin, or proctors.] probates of wills to the executors of any such petty officer or seaman, non-commissioned officer of marines, or marine, the proctor who has sued out the same may make an addition to his bill in proportion to the said extraordinary trouble and expence, which, if reasonable, shall be allowed and passed by the inspector; but if it appear to him unreasonable, he shall refer it to the treasurer or paymaster of the navy, who, in case he disapproves of such

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