good (p). To satisfy the spirit of this provision, the witnesses should be within sight of each other; all should see the signature, or hear the identical acknowledgment. The term "credible," which has given rise to so much discussion, is omitted in this enactment; and, as we shall afterwards see, the incompetency of a witness, which was generally understood to be referred to by the term "credible," either at the time of attestation or proof, will not in future prejudice the instrument. Shall subscribe the will in the presence of the testator. A similar clause occurred in the former statute, under which it was held not to be necessary that the testator should see them sign the will, only that he should be so situated as to be able to see them if he would. (q) Where the testator desired the witnesses to go into another room, seven yards distant, to attest his will, and there was a window broken, through which he might have seen them, the attestation was held sufficient (r). So where he was sick, in bed with the curtains drawn (s), or where he could see the witnesses through the window of his carriage, and the attorney's office (t). So if he were in such a position that he might, by inclining his head forward, see through the door-way the witnesses in an adjoining room (u). But it is otherwise if he could not see them; as where they go down stairs to execute, or if, before they sign, he falls into a state of insensibility, so as not to be conscious of what they are doing(v). (p) B. N. P. 263, (4) See Doe v. Manifold, 1 M. & S. 294; Todd v. Winchelsea, 1 M. & M. c. 12. (+) Shires v. Glasscock, 1 Salk. 668. (s) Bac. Ab. Wills (D.) (t) Casson v. Dale, 1 B. C. C. 99. (u) Doe v. Manifold, 1 M. & S. 294. (v) Cater v. Price, Doug. 241. Appointments by will to be executed like other The witnesses must attest and subscribe the will. They need not sign more than once, though it consists of many pieces of paper (r); but all must be produced to them, or be in the room at the time of execution(y), though it will be presumed, in the absence of suspicion, that all were produced. The mark of an illiterate person will suffice (z). It does not seem necessary that they should subscribe the will in the presence of each other. If all the witnesses be dead, it will be presumed that they signed in the presence of the testator (a), and that he signed in their presence. It was never necessary that the will should be read over to the testator in the presence of the witnesses, though the former was blind; but it is said that some stronger evidence than the mere attestation of signature would in such case be required(b). No form of attestation, &c.]—The Statute of Frauds directed that the will should be attested and subscribed, but it was not necessary that such attestation should be stated on the face of the will (c), though it was usual to do so. The attestation of an illiterate witness, by making his mark, is a sufficient subscription(d), X. And be it further enacted, that no appointment made by will, in exercise of any power, shall be valid, unless wills, and to the same be executed in manner hereinbefore required; and every will executed in manner hereinbefore required shall, so far as respects the execution be valid, although other required solemnities are not observed. (r) Bond v. Seawell, 3 Burr. 1773. (d) Harrison v. Harrison, 8 Ves. jun. 185. and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity. This section supplies all that was necessary to effect a complete uniformity in the mode of passing property by will. It will be immaterial what were the ceremonials prescribed by the instrument creating the power; a will or codicil, well executed as such, will pass the interest; and, on the other hand, the most scrupulous adherence to the power will be ineffectual unless the above requisitions be complied with. Sealing will therefore be quite unnecessary. It will, however, be still advisable to refer to the power, and where it is a limited one, essential in order to include in a general devise property over which the power rides, see sect. 27. mariners' wills ex XI. Provided always, and be it fur- Soldiers and ther enacted, that any soldier being in warners actual military service, or any mariner cepted. or seaman being at sea, may dispose of his personal estate as he might have done before the making of this act. affect cer 11 G. and XII. And be it further enacted, that Act not to this act shall not prejudice or affect any allev of the provisions contained in an act sions of passed in the eleventh year of the reign 14, of his majesty King George the Fourth c.20, with and the first year of the reign of his late respect to majesty King William the Fourth, in- petty offi C W. wills of cers and marines. seamen and tituled An Act to amend and consolidate the Laws relating to the Pay of the Royal Navy, respecting the wills of petty officers and seamen in the royal navy, and non-commissioned officers of marines, and marines, so far as relates to their wages, pay, prize-money, bounty money, and allowances, or other monies payable in respect of services in her majesty's navy. The statute 29 Chas. II. c. 3, s. 19, to prevent fraudulent practices in setting up nuncupative wills, which it declares to have been "the occasion of much perjury," enacted, that no such will should be good where the estate thereby bequeathed should exceed £30 that was not proved by the oaths of three witnesses at the least, who were present at the making thereof, nor unless it was proved that the testator, at the time of pronouncing the same, did bid the persons present bear witness that such was his will, nor unless it were made in the time of his last sickness and in his habitation, or where he had been resident for the space of ten days or more next before the making of it, except he had been surprised or taken sick away from home and died before his return; and that after six months from the time of speaking the words no testimony should be received to prove it, except the substance had been committed to writing within six days after making the will. But it enacted in words similar to those in the eleventh section, "that any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his moveables, wages, and personal estate, as he or they might have done before the making of the act." But the perpetual impositions practised on petty officers and seamen in the navy with respect to their pay and prize money, induced the legislature to adopt a new policy, and to divest them of a privilege which, instead of being beneficial, was perverted to purposes the most injurious. Several statutes were accordingly passed from time to time, to impose forms and ceremonials for their protection, the last of which, the 11 Geo. IV. and 1 Will. IV. c. 20, enacts as follows, in regard to the execution of such wills. That no will made by any petty officer or seaman, non-commissioned officer of marines, or marine, before his entry into his Majesty's service, shall be valid to pass any wages, prize money, or other monies payable in respect of services in his Majesty's navy; and that no will made or to be made by any petty officer or seaman, non-commissioned officer of marines, or marine, who shall be or shall have been in the naval service of his Majesty, shall be valid or sufficient to pass any such wages, prize money, or other monies, unless such will shall contain the name of the ship to which the person executing the same belonged at the time, or to which he last belonged, and also a full description of the degree of relationship or residence of the person or persons to whom, or in whose favour, the same shall be made, and also the day of the month and year, and the name of the place when and where the same shall have been executed; nor shall any such will be valid for the purposes aforesaid, unless the same shall, in the several cases hereinafter specified, be executed and attested in the manner hereinafter mentioned, (that is to say,) in case any such will shall be made by any such petty officer or seaman, non-commissioned officer of marines, or marine, while belonging to and on board of any ship of his Majesty as part of her complement, or borne on the books thereof as a supernumerary, or as an invalid, or for victuals only, the same shall be executed in the presence of and |