Probates and Letters of Administration (Ireland) Act 1857

Publication Date:January 01, 1857
Anno Regni VICTORI, Britanniarum Regina,Vicesimo & Vicesimo Primo. An Act to amend the Law relating to Probates and Letters of Administration inIreland .

(20 & 21 Vict.) C A P. LXXIX.

[25th August 1857]

'WHEREAS it is expedient to amend the Law relating to Probates and Letters of Administration, and that all Jurisdiction in relation to the Grant and Revocation of Probates of Wills and Letters of Administration inIreland should be exercised, in the Name of Her Majesty, by One Court:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

S-I Commencement of Act.

I Commencement of Act.

I. This Act (except where otherwise specially provided) shall come into operation on such Day, not sooner than the First Day ofJanuary One thousand eight hundred and fifty-eight, as the Lord Lieutenant shall by Order in Council appoint, provided that such Order shall be made One Month at least previously to the Day so to be appointed.

S-II Interpretation of Terms.

II Interpretation of Terms.

II. In the Construction of this Act, unless the Context be inconsistent with the Meaning hereby assigned—

‘Will’ shall comprehend ‘Testament’ and all other Testamentary Instruments of which Probate may now be granted:

‘Administration’ shall comprehend all Letters of Administration of the Effects of deceased Persons, whether with or without the Will annexed, and whether granted for general, special, or limited Purposes:

‘Matters and Causes Testamentary’ shall comprehend all Matters and Causes relating to the Grant and Revocation of Probate of Wills or of Administration:

‘Common Form Business’ shall mean the Business of obtaining Probate and Administration where there is no Contention as to the Right thereto, including the passing of Probates and Administrations through the Court of Probate in contentious Cases when the Contest is terminated, and all Business of a non-contentious Nature to be taken in the Court in Matters of Testacy and Intestacy, not being Proceedings in any Suit, and also the Business of lodging Caveats against the Grant of Probate or Administration:

‘The Court’ shall mean Her Majesty's Court of Probate hereby established, and shall also include the Judge of the said Court:

‘The Judge’ shall mean the Judge of the said Court:

‘The Court of Chancery’ shall mean the High Court of Chancery inIreland

‘Accountant General’ shall mean the Accountant General in the High Court of Chancery inIreland

‘The Prerogative Court’ shall mean Her Majesty's Court of Prerogative inIreland

‘Lord Chancellor’ shall comprehend the Lord Chancellor and Lords Commissioners for the Custody of the Great Seal ofIreland for the Time being

‘Lord Lieutenant’ shall include the Lords Justices or other Chief Governor or Governors ofIreland :

‘Person’ shall mean a Body Politic, Corporate, or Collegiate, as well as an Individual:

‘Superior Courts’ shall mean Her Majesty's Superior Courts of Record atDublin :

‘The Testamentary Office’ shall mean the Public Registry attached or belonging to Her Majesty's Court of Probate unless this Act, and the Offices connected therewith:

‘The District Office’ shall mean the Public Registry attaching or belonging to Her Majesty's Court of Probate in each District hereby established:

‘The Registrar’ shall mean the Principal Registrar and other Registrars of the Testamentary Office:

‘District Registrar’ shall mean the Registrar of each District Office hereby established.

S-III Short Title of Act.

III Short Title of Act.

III. This Act may be cited as ‘TheProbates and Letters of Administration Act (Ireland), 1857.’

S-IV Extent of Act.

IV Extent of Act.

IV. This Act shall not extend toEngland or Scotland , except where expressly mentioned.

S-V Testamentary Jurisdiction of Ecclesiastical and other Courts abolished.

V Testamentary Jurisdiction of Ecclesiastical and other Courts abolished.

V. The voluntary and contentious Jurisdiction and Authority of all Ecclesiastical, Royal Peculiar, Peculiar, Manorial, and other Courts and Persons inIreland , now having Jurisdiction or Authority to grant or revoke Probate of Wills or Letters of Administration of the Effects of deceased Persons, shall in respect of such Matters absolutely cease; and no Jurisdiction or Authority in relation to any Matters or Causes Testamentary, or to any Matter arising out of or connected with the Grant or Revocation of Probate or Administration, shall belong to or be exercised by any such Court or Person.

S-VI Testamentary Jurisdiction to be exercised by a Court of Probate.

VI Testamentary Jurisdiction to be exercised by a Court of Probate.

VI. The voluntary and contentious Jurisdiction and Authority in relation to the granting or revoking Probate of Wills and Letters of Administration of the Effects of deceased Persons now vested in or which can be exercised by any Court or Person inIreland , together with full Authority to hear and determine all Questions relating to Matters and Causes Testamentary, shall belong to and be vested in Her Majesty, and shall, except as herein-after is mentioned, be exercised in the Name of Her Majesty in a Court to be called ‘The Court of Probate,’ and to hold its ordinary Sittings and to have its Principal Registry at such Place or Places in Dublin as the Lord Lieutenant in Council shall from Time to Time appoint.

S-VII Power to Her Majesty to appoint Judge of Court of Probate; First Judge to be present Judge of Prerogative Court.

VII Power to Her Majesty to appoint Judge of Court of Probate; First Judge to be present Judge of Prerogative Court.

VII. There shall be One Judge of Her Majesty's Court of Probate; and it shall be lawful for Her Majesty from Time to Time, by Letters Patent under the Great Seal ofIreland , to appoint a Person, being or having been a Barrister-at-Law of Fifteen Years Standing, to be such Judge: Provided, that the Person who, at the Time of the passing of this Act, may be the Judge of the Prerogative Court, shall be the First Judge of Her Majesty's Court of Probate; and provided, that no Person holding the said Office of Judge shall be capable of being elected or being a Member of the present or any future House of Commons.

S-VIII Judge's Tenure of Office.

VIII Judge's Tenure of Office.

VIII. The Judge shall hold his Office during good Behaviour, provided that it shall be lawful for Her Majesty to remove any such Judge from his Office upon an Address of both Houses of Parliament.

S-IX Judge, before acting, to take the following Oath.

IX Judge, before acting, to take the following Oath.

IX. Every Judge of the Court shall, before executing any of the Duties of his Office, take the following Oath, which the Lord Chancellor or the Master of the Rolls inIreland for the Time being is hereby respectively authorized and required to administer:

'IA.B. do solemnly and sincerely promise and swear, That I will duly and faithfully, and to the best of my Skill and Power, execute the Office of Judge of the Court of Probate. So help me GOD.'

S-X Bank, &c. of Judge, &c.

X Bank, &c. of Judge, &c.

X. The Judge shall have Rank and Precedence with the Puisne Judges of Her Majesty's Superior Courts according to the Date of his Appointment; and he shall have a Secretary and Usher, to be from Time to Time appointed and removed by him at his Pleasure.

S-XI The Judge to be a Commissioner of Charitable Donations and Bequests.

XI The Judge to be a Commissioner of Charitable Donations and Bequests.

XI. The Judge shall be One of ‘The Commissioners of Charitable Donations and Bequests forIreland ,’ under Statute Seventh and Eighth Victoria, Chapter Ninety-seven, in lieu of ‘The Judge of Her Majesty's Court of Prerogative for Causes Ecclesiastical and Court of Faculties in and throughout Ireland .’

S-XII Salaries of Judge, Secretary, and Usher.

XII Salaries of Judge, Secretary, and Usher.

XII. There shall be paid to the Judge the net yearly Salary of Three thousand five hundred Pounds, and to his Secretary the net yearly Salary of Three hundred Pounds, and to his Usher the net yearly, Salary of Seventy-five Pounds.

S-XIII Repeal of 7 & 8 G. 4. c. 44. as to certain Salaries.

XIII Repeal of 7 & 8 G. 4. c. 44. as to certain Salaries.

XIII. From and after the Period at which this Act shall come into operation, so much of the Statute passed in the Session of Parliament holden in the Seventh and Eighth Years of the Reign of KingGeorge the Fourth, Chapter Forty-four, as relates to the Payment of a Salary of Three thousand Pounds to the Judge of the Prerogative Court and Court of Faculties in Ireland shall be and is hereby repealed.

S-XIV Judge may be Judge of Admiralty Court on next Vacancy.

XIV Judge may be Judge of Admiralty Court on next Vacancy.

XIV. Upon the next Vacancy in the Office of Judge of the High Court of Admiralty inIreland , it shall be lawful for Her Majesty, if She so think fit, to appoint the Person then being Judge of the Court of Probate to be also Judge of the said Court of Admiralty, and after the Union of the said Two Offices they shall be thenceforth held by the same Person.

S-XV Retiring Pensions of Judges.

XV Retiring Pensions of Judges.

XV. Her Majesty, by Letters Patent under the Great Seal of the United Kingdom, may grant unto any Person executing the Office of Judge of Her Majesty's Court of Probate an Annuity, not exceeding Two thousand three hundred and thirty-three Pounds Six Shillings and Eightpence, to commence immediately after the Day when the Person to whom such Annuity shall be granted shall resign the said Office or Offices, and to continue during his natural Life; provided that Her Majesty may, in and by such Letters Patent, limit the Duration of Payment of such Annuity, or any Part thereof, to such Periods of Time during the natural Life of such Person in which he shall not exercise any Office of Profit under Her Majesty, so that such...

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