and ftamped by the infpector, or perfon authorized to officiate for him, and stand in the place of the original letters of attorney, and be fufficient authorities to demand payment of all fuch wages, pay, prize money, or allowance of money, to which the perfons granting the letters of attorney were entitled to for their fervice on board any of his majefty's fhips. The infpector shall in like manner give notice to executors of his approbation of wills, and fend them checks in like manner as directed with refpect to letters of attorney, which checks fhall be fufficient authorities for them, or their attornies to apply upon teftators deaths to the inspector, requesting that the wills may be directed and sent by him to a proctor in Doctors-Commons, where they may on application obtain probates thereof; which, when obtained, fhall be lodged with the infpector, who, or the perfon authorized to officiate for him, fhall certify upon the checks formerly delivered, that probates have been granted, and the checks fhall then, to fuch executors stand in the place of fuch probates, and be fufficient authorities to demand payments of all fums that shall be due to them as executors to the parties who made the faid wills. SECT. 5. The infpector fhall in return to all letters of attorney and wills received by him from minifters of parishes, give notice as aforefaid to the faid minifter who tranfmitted the fame, and not to the grantor thereof, of his having paffed and approved of fuch letter of attorney, or will, and fend the check by the general-poft, made out in the manner above mentioned, to the faid minifter; and which notice from the said inspector fhall be addreffed to the minifter of the parish (naming the fame) without inferting the name of fuch minifter, to be delivered to him at his manfe or dwelling-houfe; and every fuch minister of a parish fhall deliver the faid check to the party who executed fuch letter of attorney or will. And all letters and packets addressed to, or fent by, the faid treasurer or paymaster of the navy, or infpector to be appointed as aforefaid, fhall, from and after the paffing of this act, be fent and received free from the duty of postage, in the fame manner and under the same restrictions as the clerk affiftant, and chief clerk without doors, of the house of commons of Great-Britain, now send and receive the fame. SECT. 6. Grants of letters of attorney fhall, by all captains and commanders of fhips, be inferted in the monthly returns. SECT. 7. When any petty officer or feaman belonging, or who shall have belonged to any of his majesty's fhips, fhall die inteftate, leaving any wages, pay, prize money, or allowance of money of any kind, due to them in refpect of fuch fervice, the fame shall not be paid unto any reprefentative of fuch inteftate, but upon letters of administration to be obtained in the following manner; viz. The perfon claiming fuch administration fhall give in a note or petition to the infpector of feamen's wills, ftating the name of the deceafed, and to what part of his majesty's dominions he originally belonged, and the name or names of the fhip or fhips on board of which he ferved, together with his own name and addition at full length, and his relation to, or connection with, the deceased, and alfo what other relations, to the best of his knowledge, the deceafed has alive at the time, and where they are refident; and which peti tion 1 tion fhall be certified by two reputable houfe-keepers of the parifh, town, or place where fuch petitioner is refident, certifying that they believe the contents of the faid petition to be true; and which petition and certificate shall be further certified by the minifter of the parish, and two of the church-wardens, or two of the elders, certifying that the two perfons who certified the petition, in manner above mentioned, are refident within the parish, and perfons of good repute whereupon the infpector of feamen's wills, as aforefaid, fhall make fuch inquiry as to him fhall feem neceffary for afcertaining the truth of the faid petition; and if, upon fuch inquiry, he fhall be fatisfied of the truth thereof, and it also appearing that no will of fuch deceafed has been lodged with him, he thall deliver or fend, to the perfon claiming to be fuch administrator, an abstract of the faid petition, with a note or ticket fubjoined thereto, figned by the faid infpector or perfon authorized to officiate for him, and marked with his ftamp, certifying that the contents of the faid petition appear to him to be true, and that the perfon claiming to be adminiftrator may obtain letters of adminiftration to the deceased, provided he is otherwife entitled thereto by law 9; which certificate hall be directed by the infpector to a proctor in Doctors-Commons, for the purpofe that letters of administration may pafs in favour of the petitioner, if entitled thereto by law, but not otherways; and fuch original petition and certificate fhall be lodged and remain in the records of the treasurer of the navy, and be preferved by him; and the letters of administration, when obtained, fhall be lodged and registered, in the fame manner with the probates of wills, in the hands of the infpector, who is hereby directed to grant a check, figned and ftamped by him, or by the perfon authorized to officiate for him, to the adminiftrators, or their attornies, which fall ftand in the place of the adminiftration, and be to them a fufficient au thority to demand payment of and discharge all fums that shall be due to them as adminiftrators to the party deceased. SECT. 8. If any procter, register, or other officer of any ecclefiaftical court, fhall be aiding and affitting in procuring probate of the will, or letters of adminiftration, for the purpofe of enabling any perfon to receive the wages, pay, prize money, or allowance of money. of any kind, due or becoming due for their fervice on board any fhip or fhips them in, or formerly belonging to his majefty, his heirs and fucceffors, without firft obtaining the certificate from the inspector of feamen's wills and letters of attorney, or perfon authorized to officiate for him, in manner above directed, every fuch procter, register, or other officer, fhall forfeit and pay the fum of five hundred pounds, and for ever after be incapable of acting as proctor, register, or in any other capacity, in any ecclefiaftical court in Great-Britain or Ireland. SECT. 9. Abstracts of this act fhall be hung up and affixed to the moft public place of every fhip and veffel of his majefty, his heirs and fucceffors, as foon as the fhip or veffel be put into fea pay; and constantly kept and renewed, fo that the fame may at all times be acceffible to the petty officers and feamen; and no captain hall have his general certificate till the navy board are fatisfied thereof.. A For perfons legally entitled to administration, fee page 2. I NDE X. Α Α CCOUNTING before the ordinary, 15. 61. Actions may be had by administrators, 2. 43. in what cafes actions die with the deceased, 22. to be brought at common law for the deceased's goods, 23. Administrator, who are entitled thereto, 2.5.. by whom to be granted, 6. how void when granted by an improper court, 9. his power, 20. his intereft in the deceafed's goods, 21. in what cases he may have the fame actions as the may retain a debt due to himself, 27. his office and duty in paying debts, 51. Adultery, wife debarred of dower thereby, 97. Advancement of children, 67. what may be given to or bestowed upon a child, what fhall be deemed an advancement, 69, 70. be brought into hotchpot, 70. what may be given to a child, yet no advancement what may be an advancement in part or whole, 108. Affinity or relationship by marriage, does not entitle to a share of an inteftate's estate, 85. Aliens not dowable, 97. not capable of holding lands, ib. Aliens 1 Aliens may bequeath perfonal eftate, 139. Ancestor, his feifin whereby his heir may be entitled, 86. binding himself and heirs, real estate thereby liable to Annuity, from what time intereft fhall be allowed on arrears Appeal, adminiftration fufpended thereby, 50. Arraignment, ftanding mute thereon amounts to confeffion, 147. what fhall be affets in the hands of adminiftrators and ex- Attainder, 146. Award, 48. B Baftard has no kindred. Defcription of a baftard, 84. Bequest of the fame thing twice, 152. manner of bequeathing to married women and infants, Blind perfons may make wills, 141. the will of a blind or illiterate person should be read to him, Bond to the ordinary on obtaining administration, 14. Borough English lands, heir thereto not to abate in respect there cuftom of, 100. C Chancery, a bill for diftribution properly lies there, 63. Charitable uses, legacies and bequests thereto, 214. Chattels real and perfonal, 28. may be devised with limitations over, 135. Child in the mother's womb entitled to a fhare in diftribution, 72. 104. capable of having a legacy, 157. Citation, adminiftration repealed thereby, 50. Codicil, the nature and effect thereof, 167, 168. - form thereof, 245. Co-executors differ from administrators, 21. Co-heireffes, if advanced, to abate for the fame, 67. Collateral kindred, 77. Common without flint, widow cannot be endowed thereof, 98. Conditions Conditions in wills to prevent troubling executors, 159. witneffes to a will thereof, 154. Coft in fuits, 44. 62. Creditor may have action against heir and devifee, 93. - - by making a debtor his executor, difcharges the debt, gift in cafe of death not prevalent against creditors, 161, Curtefy of England, 94. Customs that prevail in certain counties, &c. 99. 100. - in the city of London, and province of York, 101. Ꭰ Death, if two administrators, and one die, the administration fur- vives, 21. Deed differs from a will, 152. how to be written and executed, 247. Debt, action of, 55. of paying debts according to their priority, 51. fome barred by the ftatute, and fome to be paid with intereft, 202, 203, 204. executor to have notice of debts, 56. 58. Debtor, a legacy given by him to his creditor, fatisfaction for the debt, 155. Decree in equity, equal to a judgment at law, 54- Defraud of creditors, by adminiftrations granted to a ftranger of Demefne, tenant in demefne, 24, 25. Defcent of lands, 86. Defcendants, preferred to all afcendants and collaterals, 74. what may be a void devife, 149, 150, Difcretion, perfons reftrained from making wills for want there- Diftribution, time when to be made, 64. how to be made among an inteftate's wife and chil how among children and grandchildren, 72, 73. how among the inteftate's wife and children by the how where there is a widow and no child, 104. 112. how where there is a widow and no child, 119, 120. S 2 |