138 



THE PREDECESSORS OF THE 



custody into such Court, and account for them regularly, in 

 like manner as by law provided in cases where assets were 

 vested in the hands of any Officer of the Court under or by 

 virtue of the equitable jurisdiction of any such Court. Pro- 

 vided always that, when any next of kin or creditor, who at 

 the time of the return of the above citation should have been 

 absent in Europe or elsewhere, should make and establish 

 their claim to the administration of the assets of such intes- 

 tate, the letters ad colltgenda, or of administration, granted 

 to the Registrar, should be recalled, and administration in 

 due form granted to such next of kin or creditor respectively. 



This enactment did not expressly provide for the cases of 

 executors or administrators, or persons entitled to administra- 

 tion not resident within the jurisdiction, who might have 

 appointed attornies resident or being therein ; and it was 

 doubted whether the Courts were not required to grant letters 

 ad coUigenda or of administration to their Registrars in 

 preference to attornies so appointed. It was therefore enacted 

 by 55 Geo. Ill, c. 84, ss. 2 and 3, that when the executor or 

 administrator lawfully appointed, or person entitled to 

 administration as next of kin or residuary legatee with the 

 will annexed, of any person deceased, whose effects should be 

 subject to the jurisdiction of any of the said Courts in respect 

 to the granting of administration, not being resident within 

 the jurisdiction of such Court, should have appointed, or 

 should thereafter appoint, either by power of attorney under 

 seal, or by any other sufficient authority, to be shown to the 

 satisfaction of the said Court, any person or persons resident 

 or being within such jurisdiction to act for such executor or 

 administrator or person entitled to administration as afore- 

 said, in collecting or administering in any manner the effects 

 of the deceased, the person or persons so appointed should 

 be entitled to obtain letters ad coUigenda, or of administra- 

 tion, either general or special, as the tenor of such authority 



