If either the husband or wife (being a defendant) admits the other's right to the money or investment, considerable expense will be saved if he or she files a disclaimer (under r. 9 of O. 10) in the following form :

9. Disclaimer by Husband or Wife.

I, the undersigned A. B. [or C. D.] the above-named defendant hereby disclaim all interest in the deposit money of £ and in the interest thereon [or in the shares &c. describing them] mentioned in the plaintiff's particulars annexed to the summons issued herein.

Signed in the presence of

Solicitor for the said

(Signed)

The disclaimer and a copy of it should be filed with the registrar, who will transmit the latter to the other party to the proceedings. A defendant may also file either of the statements mentioned in r. 9 of O. 10 for the purpose of simplifying the issue, and saving expense at the hearing (see rule-form 98).

10. Order upon the Application.

The day of ——, 18—. [Recite the application, the issue and service of the summons, and the disclaimer or any other statement filed by defendant, and proceed thus: And whereas on the hearing this day of the said application it was proved to the satisfaction of the Court that the said deposit of £ -was made with [or out of] moneys belonging to the said and that her [or his] said husband [or wife] had no interest therein [or that the said stock &c. was purchased with moneys belonging to the said and forming part of her separate estate, It is therefore adjudged that the said deposit money and the interest now due thereon [or that the said stock &c.] belong to the said ——, and it is hereby ordered that the said - do forthwith deliver up to the registrar of this Court for cancellation the receipt given to him [or her] for the said deposit, and it is also ordered that the said bank [corporation &c.] do forthwith on the application of the said pay to him [or her] the moneys so deposited as aforesaid and the interest thereon and that his [or her] receipt therefor shall be a good discharge for such payment. [If the order relates to stocks &c. it will direct the delivery up and the transfer to the successful party of the scrip &c.]

And it is further ordered that the said

18-, pay to the said

do on or before the

day of bank &c. their costs of and relating to the application for this order to be taxed and allowed as between solicitor and client and also that the said do on or before the said day of 18-, pay to the said his [or her] costs of and relating to the said application.

N.B. A party disobeying the order in any respect, other than the payment of money, is liable to committal for contempt (see r. 40 of O. 25).

The proceedings on an appeal against the order will be the same as in ordinary actions.

SECTION 11.-CONTENTIOUS BUSINESS UNDER THE COURT OF PROBATE Acrs, 1875 & 1858.

1. Application to the County Court for a Grant or Revocation of Probate or Administration (347). (O. 49, r. 1.)

The Court of Probate Act, 1857.

In the County Court of

holden at

In the matter of G. H., late of

deceased.

I, A. B. of [or C. D. solicitor of A. B. of -] do hereby apply to the above Court for a decree to be made, according to the provisions of the above Act, for the grant [or revocation] of probate of the will [or letters of administration in the goods] of [here insert name and address of testator or intestate] and I hereby state that the person who has applied for probate [or letters of administration, or who has obtained probate or letters of administration or is the party against whom this application is made] is E. F. of A. B. [or C. D., Solicitor of A. B. of

N.B.-The forms relating to probate matters are to be written on foolscap paper (foot-note at the end of rule-form 351).

An application for a decree (O. 49, r. 1) and the decree (r. 8) are required to be delivered to the registrar, stamped with the "proper duty." The words "fee stamp, 168. 8d.," are marked upon the ruleform of an application, and "fee stamp, 408.," upon the rule form, No. 350, of a decree; but, on reference to the Treasury Order of 12 February, 1886, and the schedules of Court-fees thereto annexed, no fee of any kind is prescribed for proceedings under the Probate Acts.

The parties to the proceedings, as provided for by rules 2 and 3,

are:

(a) When a caveat has been lodged, the party applying for probate or administration will be plaintiff, and the person lodging the caveat, defendant.

(b) The party applying for revocation of probate or administration will be plaintiff, and the other party, defendant.

2. Registrar's Notice to Defendant (348). (0. 49, rr. 4-11.)

After prescribing this form, rule 4 directs the registrar to "deliver a notice according to such form to the plaintiff or his agent"; but the form given, although addressed to the plaintiff (or defendant), is manifestly inapplicable as a notice to a plaintiff applying for a decree for the grant or revocation of probate or administration, because it concludes with an intimation that if he does not attend at the hearing, the Court may proceed to make such decree in his absence. If these words were omitted, the notice would be proper to be given to a plaintiff; the author therefore supplies the following form:

3. Registrar's Notice to Plaintiff.
The Court of Probate Act, 1857.
holden at

In the County Court of

Between A. B., plaintiff
[address],
and

C. D., defendant
[address].

Take notice that at a County Court to be holden at

day of at the hour of

on -day the

in the -noon the Court will proceed to make a decree for the grant [or revocation] of probate of the will [or letters of administration in the goods] of [here insert name and address of testator or intestate] unless cause be then shown to the contrary.

Dated this
To the plaintiff.

day of —, 18—.

Registrar of the Court.

4. Registrar's Notice to the District Registrar (349).

It is presumed that the plaintiff in the proceedings must deposit with the C. C. registrar a sum sufficient to cover the reasonable expenses of the attendance of the district registrar or his clerk.

After the filing of the application, or the order of transfer to the C. C., the rules and practice of the High Court (Probate, &c. Division) will be followed as far as applicable (r. 12), and the like interlocutory proceedings may be taken, e.g. settling issue, administration of interrogatories, discovery of documents, witnesses subpoenaed, and a jury summoned to try the facts.

5. Questions for a Jury. (Probate Act, 1857, sec. 37.)

[Heading as before.]

Whereas A. B., the plaintiff [or C. D. the defendant] avers, and C. D., the defendant [or A. B., the plaintiff] denies that [set out each question at issue between the parties and repeat the form as often as may be necessary and conclude: Therefore let a jury come.]

6. Oath to the Jurors.

You shall well and truly try the question [or questions] in issue between the parties and a true verdict given according to the evidence.

So help you God.

If it is shown to the Judge that the place of abode or state of the property of the testator or intestate has not been correctly stated in the affidavit, or, if correctly stated, would not have authorised him to exercise the contentious jurisdiction, he is to stay all further proceedings in his Court, leaving any party to apply to the Court of Probate for the grant or revocation, and making such order as to the costs of the proceeding before him as he may think just (Probate Act, 1857, sec. 57). There being no rule-form of an order under this section, the following form is framed by the author :

7. Order Staying Proceedings in the County Court.

Whereas upon the hearing of the application in this cause at a Court holden this day it was shown to me, the Judge of this Court, that the testator [er

intestate]

of had not at the time of his death his fixed place of abode within the district of the [describe the district registry in the words of Schedule A to the Probate Act, 1857].

of

of

was at

was seised or entitled bene

[Or that the personal estate of the testator [or intestate] the time of his death above the value of £200.7 [Or that the testator [or intestate] ficially of or to real estate of the value of £300 and upwards.] And therefore that the place of abode [or state of the property] of the said deceased, was not correctly stated in the affidavit of

sworn on the

and if correctly stated would not have authorised me to exercise contentious jurisdiction. Now I do hereby stay all further proceedings in this County Court in the matter, and do order that the costs of the proceedings before me therein shall be paid by the above-named plaintiff A. B. [or defendant C. D.].

Given under my hand and the seal of the Court this

J. S., Judge.

:

The County Court cannot exercise contentious jurisdiction :(a) Where the real estate is of the value of £300, although the parties interested in it have not been cited (Thomas v. Nurse, 39 L. J., P. & M., 80; 22 L. T. 727), or

(b) Where by reason only of charges or mortgages on the real estate the value of it is less than £300 (Davies v. Brecknell, L. R. 2 P. & M. 154.

8. Registrar's Certificate of Decree (350). (Sec. 55 of Probate Act, 1857.) N.B.-The rule-form denotes that this certificate must bear a fee stamp of 408.

9. Decree (351). (0.49, r. 10.)

On receipt of the certificate of the registrar of the County Court, the district registrar of the Court of Probate, on the application of the successful party, issues probate or administration, or recalls or varies the same in accordance with the decree (Probate Act, 1857, sec. 55).

An application for a new trial must be made to the County Court (Zeally v. Veryard, L. R. 1 P. & M. 195; 35 L. J., P. & M., 127), and it is presumed that notice of it should be given before the certificate is sent to the district registrar.

An appeal lies upon points of law (not upon questions of fact), or upon the admission or rejection of evidence (Probate Act, 1857, sec. 58). The proceedings on an appeal are those prescribed by the Supreme Court Rules, December 1885.

Costs awarded by the Judge may be recovered, and payment enforced, as in an ordinary action in the County Court (Probate Act, 1857, sec. 56).

SECTION 12. THE PARLIAMENTARY ELECTIONS (RETURNING OFFICERS) ACT, 1875 (38 & 39 Vict., cap. 84), anD THE AMENDMENT Act, 1886 (49 & 50 VICT., CAP. 57).

1. Application to Tax Returning Officer's Account. (Sec. 4.)
Parliamentary Elections (Returning Officers) Act, 1875.

In the County Court of holden at

In the matter of the Parliamentary election for the

borough, &c.).

(division of county,

1, A. B. of a candidate at the said election, having objected to part of the claim of the returning officer thereat in respect of the charges particularised in the schedule hereunder written hereby apply for a taxation of the account of the said returning officer so far as the same relates to the charges so objected to.

The Schedule referred to.

[Set out the charges in the order and terms in which they appear in the account.]

Sec. 4 of the Act requires the application for taxation to be made "to the Court" within fifteen days after the returning officer has delivered his bill. In Reg. v. The Judge of the Bloomsbury County Court (54 L. T. (N. S.) 616), it was held by a Divisional Court that the application need not be made to the Judge in person, and that it might be made to the registrar, who for such purpose was "the Court," being its permanent officer, and the proper officer to receive the application.

2. Appointment to Tax.

[To be written at the foot of the application.]

at the hour of

day the o'clock in the forenoon at the Court House in is hereby appointed for the taxation applied for, and notice thereof is to be given to all parties.

3. Notice to the Returning Officer.

Registrar.

May be given by serving sealed copies of the application and appointment.

4. Application by Returning Officer to disallow or reduce Claim of a Third Party. (Sec. 5.)

I, the undersigned C. D., the returning officer at the said election, having received from E. F., of -, a claim for the sum of £for work (labour, materials, services or expenses) in respect of a contract made with him by me for the purposes of such election, to wit [state the nature of the work &c.] hereby apply to the Court to examine and deal with the said claim pursuant to sec. 5 of the said Act.

5. Appointment to Proceed on the Application.

day the at &c. is hereby appointed to examine and to deal with the above-mentioned claim of E. F. as applied for, and notice hereof is to be given to all parties.

Both applications might be conveniently disposed of at the same time, and it would be proper that the legal representative of the candidate