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The Pamphlet Collection of Sir Robert Stout: Volume 74

Rules of Practice

Rules of Practice.

1863, Section 512. "Every executor or administrator shall, within such respective periods as the Judge on granting probate or administration shall direct, or within such further periods as a Judge on application may direct file in the office of the Supreme Court an inventory of the estate and effects of the deceased, and also a full and distinct account, dates, and particulars of all receipts and disbursements, every inventory and account so filed shall be verified by affidavit. If such account shall not be exhibited at the time fixed the Judge may fix a further time at the expiration thereof if the executor or administrator shall fail to pass his accounts he shall be chargeable with interest out of his own funds at the rate of 10 per cent, per annum for the balance (if any) remaining in his hands unless he can show good and sufficient cause to the contrary."

May, 1844, Section 12. " Every executor or administrator shall within 12 calendar months after the decease of the testator or intestate file in the Office of the Registrar, or Deputy-Registrar a full and distinct account in writing of his administration of the estate, which shall set forth the dates and particulars of all receipts and disbursements; which shall be verified by affidavit sworn before any solicitor of the Supreme Court, or before some other person duly authorised to receive affidavits. If such accounts shall not be then exhibited the Judge may fix a further time at the expiration to where if, if the executor or administrator shall fail to pass his accounts he shall be chargeable with interest out of his own fumts at the rate of 10 per cent, per annum for the balance (if any) remaining in his hands unless he can show good and sufficient cause to the contrary.