References to Account. PART IV. The particulars of the above receipts and payments appear in the CHAP. VII. account marked A., verified by the affidavit of the said defendant filed the affidavit of day of be filed with this certificate. Variations from Accounts. and the account marked B., verified by the day of Except that in addition to the sums appearing in such account to have been received, the said defendant [or plaintiff ] is [or are] charged with the following sums; (that is to say) £ and except that of the items of disbursement in the said account, I have disallowed those numbered and I have deducted from the item numbered and from the item numbered the sum of £ £ the sum of and in addition to the disbursements appearing in such account the said defendant ha paid and been allowed the sum of Special Allowances in Accounts. The payments allowed to the said defendant [or plaintiff] in the said account include the sum of £ paid into court to the credit of this cause, on the day of 187. Reference to Transcript of Account. The before-mentioned account marked A. has been altered, and the account marked A. B., and which is also to be filed with the certificate, is a transcript of the said account marked A. as altered and passed. No Personal Estate received. the executor [or administrator] of the testator [or intestate] named in the said have not, nor hath any or either of them, or any person or persons by their or any or either of their order, or for their or any or either of their use, received any part of the personal estate of the said testator [or intestate]. Funeral Expenses. The funeral expenses of the testator [or intestate], amounting to the sum of £ have been paid and are allowed the defendant [or plaintiff] the executor [or administrator] of the said testator [or intestate] in the said account of personal estate hereinafter mentioned]. Debts. The debts of the testator [or intestate, including the plaintiff's] the said Interest on Debts. schedule, and The interest on such debts is computed down to the date of this certificate, and after the rate of £4 per centum per annum, from the day of 187, the date of the said decretal order, unless otherwise specified in the said schedule. PART IV. CHAP. VII. Legacies and Annuities. The legacies given by the testator, other than annuities, are set forth in the first part of the schedule hereto, and with the interest therein mentioned, remain due to the persons therein named, and amount altogether to £ The annuities given by the testator, with the arrears due thereon, are set forth in the second part of the said schedule. Such arrears amount to £ Interest on Legacies. The interest on such legacies is computed down to the date of this certificate, and after the rate of £4 per centum per annum, from the 187, the end of one year after the testator's death, unless otherwise specified in the said schedule. day of The arrears of the annuities are computed to the date of this certificate, and from the testator's death, unless otherwise specified in the said schedule. Outstanding Estate. The personal estate of the said testator [or intestate] [not specifically bequeathed] outstanding or undisposed of consists of the particulars set forth in the schedule hereto. Real Estate. The real estate which the said testator [or intestate] was seised of or entitled to consist of the particulars set forth in the hereto. Incumbrances on Real Estate. schedule The incumbrances affecting the said testator's [or intestate's] real estate are specified in the schedule hereto. Rents and Profits Account. The defendants [or plaintiff ] the trustee named in the said decretal order have received rents and profits of the testator's real estate to the amount of £ and they have paid or are entitled to be allowed on account thereof sums to the amount of £ , leaving a balance due from [or to] them of £ No Rents and Profits received. on that account. The defendants [or plaintiff ] the trustees named in the said decretal order have not, nor hath any or either of them or any person or persons by their or any or either of their order, or for their or any or either of their use, received any sum or sums of money on account of the rents and profits of the testator's [or intestate's] real estate. Next of Kin. The next of kin, according to the statutes for the distribution of the effects of intestates, of the intestate named in the said of whom the said living at the time of his death were The legal personal representative have of the said Registrar. Notice that Registrar's Certificate may be inspected (x). Take notice that the certificate of the result of the inquiries made and accounts taken by me under the decretal order of this court made on the in this cause lies in my office and can be inspected day of by you up to and inclusive of the before the cause is to be further heard]. Το day of [here insert the day Registrar. Registrar's Certificate of Amount of Principal and Interest due on Mortgage in Suit for Foreclosure (y). In obedience to the decretal order of this court made in the above suit I hereby certify that the result of the accounts and inquiries which have been taken and made in pursuance of the decretal order made in this suit, dated the 187, is as follows: day of 1. The plaintiff and defendant have respectively attended in person. 2. There is due to the plaintiff the sum of £ for principal, and the sum of £ for interest, calculated to the date of this certificate on his mortgage security in the plaint mentioned, making together the sum of £ 3. There is also due to the plaintiff for costs, charges and expenses properly incurred by him in respect of his mortgage security, not being costs of this suit, the sum of £ and the said several sums of being added to the sum of £ the amount of the plaintiff's taxed costs of this suit, they amount together to the sum of £ L and £ 4. The evidence produced hereon was the affidavit of the plaintiff filed 187 and the exhibits A therein referred the to. day of 5. There will be due to the plaintiff on the day of next, being six months after the date of this certificate the sum as the time and place at which the defendant T. M. is to pay the said day PART IV. CHAP. VII. § 7.-APPLICATION to Judge for further DirecTIONS. "Where the registrar, high bailiff, receiver, or any party has by any decretal order been directed to do any act for doing which it may be found necessary to have further directions or an order of the court, the registrar shall apply to the judge for such direction or order, and upon such application the judge may give such direction or make such order rections. (x) County Court Forms in Equity, 1868, No. 32. See heading ante, p. 52. (y) MS. Form. See form of heading, ante, p. 52. Order VI. Rule 14. Application to judge for further di mero motu, PART IV. CHAP. VII. as he may think fit, or may appoint a time to hear all parties upon the application so made by the registrar; and if the judge shall make such appointment for hearing, the same shall operate as a stay of proceedings in the suit until the day so appointed, if he shall so direct" (≈). Form of Order under Order VI. Rule 14, or under Order XII. (a). It appearing to me that it will be for the benefit of the estate that the remaining outstanding debts be sold, I do order that the debts now due to the estate of E. F., the testator [or intestate] in the plaint in this suit mentioned, be sold as soon as conveniently may be by [the receiver] by private contract [or public auction] for the highest price that can be obtained for the same. Dated this day of J. S., judge. Form of Order under Order VI. Rule 14, or under Order XII. (b). It appearing to me that it is necessary for carrying out the objects of this suit that the real estate [or part of the real estate] of the deceased be sold, I do order that all that freehold [copyhold or leasehold] messuage or tenement, etc. [setting out parcels, as in last conveyance] being the real [or part of the real] estate of E. F., late of in the county of deceased, the testator [or intestate in the plaint in the suit mentioned], be offered for sale by public auction at the Hotel at by Mr. auctioneer, and be then and there sold [provided the sum bid for the same be not less than £ highest bidder without reserve. Dated this day of or] to the J. S., judge. Order XXIII. Judge to § 8.-ADVERTISEMENTS. "The judge shall order in what newspaper any advertisements which may from time to time be ordered in any suit or proceeding shall be inorder in what serted; and when there is no fund in court, the expense of such advertisement shall be paid to the registrar by the party requiring the same before they are inserted" (c). newspapers advertise ments to be inserted and costs thereof to be prepaid. Rule 16. Advertisements in London Gazette. Order XVII. Rule 2. Payment into court. "All advertisements to be inserted in the London Gazette' shall be transmitted to the registrar of county court judgments in London, who shall cause them to be classified and inserted in lists under the direction of the commissioners of her majesty's treasury" (d). § 9.-PAYMENT of Money into and out of Court. "Where a party is directed to pay money into court, he shall attend and the same into the office of the registrar, and obtain a receipt for pay the amount; and the registrar shall, unless otherwise ordered by the (z) County Court Orders and Rules, 1868, Örder VI. Rule 14. (a) County Court Forms in Equity, 1868, No. 21. See Order XII. ante, pp. 66, 67. See form of heading, ante, p. 52. (b) Ib. No. 22. See Order XII., ante, pp. 66, 67. (e) County Court Orders and Rules in Equity, 1868, Order XXIII. Rule 15. (d) Id. Rule 16. judge, pay the same into a post-office savings bank, in accordance with the provisions of section 26 of 30 & 31 Vict. c. 142" (e). The section referred to (30 & 31 Vict. c. 142, s. 26) enacts that,—— PART IV. CHAP. VII. court in may be in Any money paid into a county court in equitable proceedings shall, Monies paid unless otherwise ordered by the court, be invested by the registrar of into a county the court, in his name as registrar, within forty-eight hours of its pay- equitable ment into court, in a post-office savings bank established in the town in proceedings which the court is held, without restriction as to amount, and without vested in a the declaration required of a depositor in a savings bank; and no part post office of any money invested in a post-office savings bank under this act shall savings bank. be paid out to any registrar except upon an authority addressed to the postmaster-general by the commissioners of her majesty's treasury." The rules provide that, Rule 3. Order XVII. Entry of payment into court and "The registrar shall enter in the cash book' and 'ledger for equitable proceedings' all sums so paid to the account of the suit or matter, in which it is paid, and where the interest of any fund, paid into a postoffice savings bank, has been directed to be paid to any person, the registrar shall pay the same half-yearly out of any general moneys in interest. his hands" (f). In the Case of Married Women.]— "Where any married woman is interested in any principal money, stocks, shares, or securities exceeding in value 2007., or 107. in annual payments, she shall be examined by the judge apart from her husband, to ascertain whether the same shall be paid to him or made the subjectmatter of a settlement, but if she be under age the court shall order a proper settlement to be made" (g). payment of Rule 9. Married women. § 10.-PAYMENT OF LEGACY OR MONEY TO WHICH an Infant or PERSON BEYOND SEAS IS ENTITLED. "The County Courts Act, 1865" (28 & 29 Vict. c. 99), enacts that county court to which an Sect. 5. "Any legacy or sum of money to which any person who is Power to an infant or absent beyond seas may be found or declared entitled by judge of a any county court in any suit or matter under this act may be ordered to order any by the court to be paid to the accountant-general of the Court of legacy, &c. Chancery, in accordance with the provisions of section thirty-two of an infant or act passed in the session of parliament held in the thirty-sixth year of person the reign of his majesty king George the third, chapter fifty-two; and beyond the the person ordered to pay the same shall, within such time as the court entitled to shall direct, produce to the registrar of the court the certificate of the be paid into accountant-general of the payment of such money; and if default be England, in made in such payment the judge may direct a warrant of execution to accordance (e) County Court Orders and Rules in Equity, 1868, Order XVII. Rule 2. D. VOL. II. (f) Id. Rule 3. H seas may be the Bank of |