administration to be granted, and any inventory to be exhibited and recorded as aforesaid respectively, for and in respect of the whole of the personal and moveable estate and effects of the deceased in the United Kingdom and the value thereof; and the said affidavit shall also separately specify the value of the said estate and effects in Scotland.

16. [Provisions of former Acts to apply to the probates, letters of administration, and inventories mentioned in this Act.]—For the purpose aforesaid, and also for granting relief where too high a stamp-duty shall have been paid on any such probate, or letters of administration, or inventory, the provisions contained in sections forty, forty-one, forty-two, and forty-three, of the said Act passed in the fifty-fifth year of His Majesty King George the Third, relating to probates and letters of administration granted in England, and the like provisions in the Act passed in the fifty-sixth year of the said King, chapter fifty-six, relating to probates and letters of administration granted in Ireland, and the provisions contained in the Act passed in the forty-eighth year of the said King, chapter one hundred and forty-nine, relating to inventories in Scotland, and also all other provisions contained in the said Acts respectively, or in any other Act or Acts relating to probates and letters of administration and inventories respectively, shall apply to the probates and letters of administration to which effect is given by this Act, and to the whole of the personal and moveable estate of the deceased for or in respect of which the same shall, in pursuance of this Act, be deemed to be granted, wheresoever situate in the United Kingdom; and also to the inventories in which the whole of the personal and moveable estate of the deceased, wheresoever situate in the United Kingdom, ought, in pursuance of this Act, to be included, in as full and ample a manner as if all such provisions were herein enacted in reference to such probates, letters of administration, and inventories respectively.

17. [Affidavit as to domicile to be made on applying for probate or administration.]—Provided that in any case where, on applying for probate or letters of administration, it shall be required to be stated as aforesaid that the deceased was domiciled in England or in Ireland, the affidavit so as aforesaid required by law shall specify the fact according to the deponent's belief, which shall be sufficient to authorise the same to be so stated in or upon the probate or letters of administration: Provided also that any such statement, and the interlocutor of the commissary finding that the deceased was domiciled in Scotland, shall be evidence and have effect for the purposes of this Act only.

18. [Acts of Sederunt to be passed for following out purposes of this Act.] -It shall be competent to the Court of Session, and they are hereby authorised and required, from time to time, to pass such Acts of Sederunt as shall be necessary and proper for regulating in all respects the proceedings under this Act before the commissary of Edinburgh and other com

missaries in Scotland, and following out the purposes of this Act, and also the fees to be paid to agents before the said courts, and to the commissary clerks and other officers of court, and the expense of publication of petitions.

19. [Former Acts of Sederunt repealed if inconsistent with this Act.]— All former Acts, and Acts of Sederunt made in virtue thereof, so far as inconsistent with the present Act, are hereby repealed; and this Act may be amended or repealed by any Act to be passed during the present session of Parliament, and may be cited as the "Confirmation and Probate Act, 1858."

20. [Interpretation of terms.]-The word "commissary" shall include commissary-depute, and the term "commissary-clerk" shall include commissary-clerk-depute.

SCHEDULES to which the foregoing Act refers.

SCHEDULE (A).

Form of a Petition for appointment of an executor to a deceased person.
Unto the honourable the Commissary of [specify the county],
the Petition of A B [here name and design the petitioner];

Humbly sheweth,

That the late C D [here name and design the deceased person to whom an executor is sought to be appointed] died at [specify place] on or about the [specify date], and had at the time of his death his ordinary or principal domicile in the county of [specify county, or "furth of Scotland," or "without any fixed domicile," or "without any known domicile," as the case may be].

That the petitioner is the only son and next of kin [or state what other relationship, character, or title the petitioner has, giving him right to apply for the appointment of executor].

May it therefore please your Lordship to decern the petitioner executor-dative qua next of kin to the said C D [or state the other character in which the petitioner claims to be appointed executor].

According to Justice, &c.

[Signed by the Petitioner or his Agent.]

SCHEDULE (B).

Roll of Petitions for the appointment of Executors in Commissary Courts in

Form of Certificate by Commissary Clerk of Publication of a Petition for the appointment of an Executor.

I, A B, Commissary Clerk [or "Commissary Clerk Depute," as the case may be,] of the county of [specify county], hereby certify that this petition was intimated by affixing a copy thereof on the door of the Court-house [if some other place has been directed by the commissary, specify it], on the [specify date], and by being published by the Keeper of the Record of Edictal Citations at Edinburgh, in the printed roll of petitions for the appointment of executors in the Commissary Courts of Scotland, printed and published on [specify date].

A B.

SCHEDULE (D).

Form of a Testament-Dative or Confirmation of the Executor of a person who has died without naming one.

I, A B, commissary of the county of [specify county], considering that by my decree, dated [specify date], I decerned C D executor-dative qua next-of kin [or other character, as the case may be,] of the late E F, who died at [specify place], on [specify date], and seeing that the said C D has since given up on oath an inventory of the personal estate and effects of the said E F at the time of his death situated in Scotland [or situated in Scotland and England, or, in Scotland and Ireland, or in Scotland, England, and Ireland, as the case may be,] amounting in value to pounds, which inventory has been recorded in my court books, of date [specify date], and that he has likewise found caution for his acts and intromissions as executor: Therefore I, in Her Majesty's name and authority, make, constitute, ordain, and confirm the said C D executor-dative qua [specify character] to the defunct, with

full power to him to uplift, receive, administer, and dispose of the said personal estate and effects, and grant discharges thereof, if needful to pursue therefor, and generally every other thing concerning the same to do that to the office of executor-dative qua [specify character] is known to belong; providing always, that he shall render just count and reckoning for his intromissions therewith when and where the same shall be legally required. Given under the seal of office of the commissariot [specify county], and signed by the clerk of court at [specify place], the [specify date].

To be signed by the commissary-clerk or his depute, and sealed with the seal of office.

SCHEDULE (E).

Form of a Testament Testamentar or Confirmation of an Executor

Nominate.

I, A B, commissary of the county of [specify county], considering that the late C D died at [specify place], upon [specify date], and that by his last will [or other writing containing the nomination of executor], dated [specify date], and recorded in my court books upon [specify date], the said C D nominated and appointed E F to be his executor, and that the said E F has given up on oath an inventory of the personal estate and effects of the said C D at the time of his death situated in Scotland [or situated in Scotland and England, or situated in Scotland and Ireland, or situated in Scotland, England, and Ireland, as the case may be], amounting in value to pounds, which inventory has likewise been recorded in my court books of date [specify date]: Therefore I, in Her Majesty's name and authority, ratify, approve, and confirm the nomination of executor contained in the foresaid last will [or other writing containing the nomination of executor]; and I give and commit to the said E F full power to uplift, receive, administer, and dispose of the said personal estate and effects, grant discharges thereof, if needful to pursue therefor, and generally every other thing concerning the same to do that to the office an executor-nominate is known to belong; providing always, that he shall render just count and reckoning for his intromissions therewith when and where the same shall be legally required.

Given under the seal of office of the commissariot of [specify county], and signed by the clerk of court at [specify place], the [specify date], To be signed by the commissary-clerk or his depute, and sealed with the seal of office.

SCHEDULE (F).

I, A B, commissary-clerk [or commissary-clerk-depute] of the county of Edinburgh, hereby certify that this grant of probate has [or these letters of administration have] been produced in the commissary court of the said county, and that a copy thereof has been deposited with me.

ACT of SEDERUNT to regulate Proceedings before Commissaries, and the Fees of Clerks of Commissary Courts, under the Act of Parliament 21st and 22d Vict. cap. 56. -19th March 1859.

The Lords of Council and Session, in pursuance of the powers vested in them by the said Act, do hereby enact and declare