Page:History of New South Wales from the records, Volume 1.djvu/656

 532 THE CIVIL 1787 Probate and admiulBtra- tion. Procedure. Summons to appear. Bailfor appearance. Proceedings in Court. Judgment. Execution. Imprison- ment in default. And Wee do further will, ordain, and gnuit to the said Court full power and authority to grant probate of wills and administra- tion of the personal estates of intestates dying within the place t>r settlement aforesaid : And our further will and pleasure is, and Wee do by these pre- sents for us our heirs and successors direct ordain and appoint that, upon complaint to be made in writing to the said Court by any person or persons against any other person or persons residing or being within the said place of any cause or suit, the said Court shall or may issue a warrant in writing under the hand and seal of the said Judge- Advocate for the time being, to be directed to the Provost-Marahall, or such other officer as shall be appointed by our Governor to execute the process thereof, which warrant shall contain shortly the substance of the complaint, and shall either com- mand such o£&cer to summon the defendant or defendants to appear : Or in case the value of the demand be ten pounds or upwards (of which oath shall first be made), command him to bring his, her, or their body or bodies, or take bail for his or their appearance before the said Court at a certain time or place therein to be named, to answer to the said complaint and to find sufficient security for his, her, or their performance of such judgment, sen- tence, or decree as shall be pronounced thereupon or finally ^ven upon an appeal : And upon appearance, arrest, or non-appearance, or return by the officer that the defendant or defendants cannot be found. Wee do hereby, for us, our heirs and successors, ordain, direct, and authorize the said Court to proceed to the examination of the matter and cause of such complaint, and upon due proof made thereof, either upon the oath. or oaths of any witness or witnesses in writing, to be Tby him, her, or them subscribed (for which pur- pose Wee do by these presents empower and require the said Court to administer an oath to such witnesses as shall be produced by either party, plaintifi* or defendant), or by the voluntary con- fession of such defendant or defendants, to give judgment and sentence according to justice and right : And to award and issue out a warrant or warrants of execution under the hand and seal of the said Judge- Advocate for the time being, for levying the duty adjudged or decreed to the party or parties complainant, together with costs of sidt, upon the goods and chattels of such defendant or defendants, and to cause sale to be made of the said goods and chattels, rendering to the party the ovei-plus, if any be : And for want of sufficient distress, Wee do hereby for us our heirs and successors give full power and authority to the said Court to imprison the defendant or defendants until satis&ction be made by him, her, or them, to the plaintiff or plaintiffis of the duty decreed, together with the costs ;. and in case judgment shall Digitized by Google