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c. 7. Eng. supra : But no Irish statute has made the executors, &c. of rightful executors, . &c. answerable for the devastavit of such executors, &c., as has been done by the 4. & 5 W. & M. e. 24, s. 12. Eng. supra, which amends the 30 Car. 2. in this respect, or removes the doubt entertained as to the extent of its provision. To .. restrain the abuse of sheriffs, in respect to returning devastavits against executors and administrators; the 5 Geo. 2. c. 4. s. 8. Ir. provides, that no sheriff, or other 5 Geo. 2. c. 4.
s. 8. Ir. officer shall return a devastavit, but upon an inquisition taken on the oaths of 12 lawful men of the county, to No sheriff 10
return a devaswhom proper challenges may be taken ; and the plaintiff, tavit but upon
w inquisition in his attorney or agent, 'shall give the defendant in such in suit, his attorney or agent, 15 days notice of the taking county. such inquisition, and of the time and place of taking the same; and such inquisition shall not be taken in any county where no evidence of a devastavit can be given, which was committed in such county, unless in cases where the entire devastavit committed shall appear to have been out of the kingdom : This provision is peculiar to the law of Ireland. For the better discovery of charitable donations and Returns of
charitable ben bequests it is provided by the 3 Geo. 3. . 18. Ir, as guests, &c. to amended by the 4.0 Geo. 3, c. 75. Ir. that the vicar ge
be made by neral, or his surrogate, and the register of the preroga- &c.
3 Geo 3. c. 13. tive, shall make a return to the bishop of the diocess, or ir to the archbishop of Armagb, at the annual visitation, or :400
Vis. 4. Ir. between 25 March and 24 June, in every year, of every charitable donation or bequest contained in any will which shall be entered in the office of such vicar general, &c.; which returns shall likewise contain the names of the persons to whom probate of any such will, or letters of administration with such will annexed, shall be granted, with the date of such will, probate, or administration : And copies of such returns upon oath, shall be lodged Anel lodged with
the secretary of with the secretary of the commissioners of charitable do- the commission. nations and bequests (who are incorporated by the 40% Geo. 3. c. 75. Ir.); and said copies shall be so lodged between 1 July and i November in every year; and every such officer who shall neglect to lodge such copy
of such return with the secretary of the commissioners, Penalty. shall forfeit £5 to be recovered by any person who shall
sue by civil bill before any judges of assize, in their circuits, or before any assistant barrister at the general ses
sions of the peace, or before the recorder of Dublin, as
to the case may require: And the person to whom probate vilable beguests, or 'administration shall be granted, shall, within 3 calen
dar months after obtaining the same, publish in the Dublin Gazette, 3 times successively, every charitable donation, &c. contained in such will, the name of the testator, the date of such will or codicil, and the name of the person to whom such charitable donation, &c. is given and bequeathed, and the name of the person appointed by the testator for the management and direction thereof; and the expense of such publication shall be paid by the said executors, &c. out of the said charities;
and every person who shall neglect to publish the same, Penally. shall forfeit £50, to be recovered by any person that
shall sue by action of debt, &c. in any court of record: Which provisions are peculiar to the law of Ireland.
Divers provisions concerning executors and administrators are contained in the several acts relating to the stamp duties on probates and administrations, and receipts for legacies in England and Ireland respectively : But I have, in the progress of this work, declined entering upon any particular detail of those or any other statutes concerning the king's revenue; this compilation being confined to the general statute law.
END OF FIRST VOLUME..