(3.) Sunday, Christmas Day, and Good Friday shall be counted in the computation of the time required by these Rules in respect of service of process, but no summons, order, or other process or notice shall be served on those days.

Detinue.

242. The judgment in detinue, if for the plaintiff, shall be for the value of the goods detained, together with the sum to be stated in the judgment by way of damages for the detention and costs; but it may be made part of the order that on the payment of damages for the detention and costs, and return of the goods on or before a date to be named, satisfaction shall be entered.

243. Where it is sought to enforce a judgment or order for the recovery of any property other than land or money, the Judge may, upon the application of the plaintiff, order that a warrant of delivery shall issue for the delivery of the property, and that if the property cannot be found, the Marshal shall distrain the defendant of all his goods and chattels within the jurisdiction of the Court till the defendant deliver the property, or at the plaintiff's option, that the Marshal shall cause to be made of the defendant's goods the assessed value (if any) of the property.

Special Case.

244.-(1.) The parties to an action may, at any time after the summons has been issued, agree in stating any questions of law in the form of a special case for the opinion of the Court, and may agree in writing that on the judgment of the Court being given in the affirmative or negative of the questions of law raised, a sum of money, agreed upon by the parties, or to be ascertained in such manner as the Court may direct, shall be paid by one of the parties to the other of them, either with or without costs; and the judgment of the Court may, on the decision of the special case, be entered for the sum so agreed or ascertained, with or without costs, as the case may be, and execution may issue thereupon.

(2.) If the action is in a Provincial Court, the parties may by agreement state the question in the form of a special case for the opinion of the Supreme Court, and sub-section (1) of this Rule shall apply.

(3.) When during the hearing of any case a difficulty in point of law arises which a Provincial Court deems expedient to refer to the Supreme Court the Provincial Court is to decide upon the facts and enter its verdict thereon, subject to a special case to be determined by the Supreme Court.

245.-(1.) When the parties are represented by counsel or solicitors, the case should be drawn by the legal adviser of the plaintiff, and settled by the legal adviser of the defendant, and if any difference arises between them as to the form of the case, the Court will finally settle it.

(2.) If the plaintiff and defendant are unrepresented, and from any reason are unable to draw a case, the Court will do so in consultation with the parties.

(3.) Every special case shall be divided into paragraphs numbered consecutively, and shall concisely state such facts and documents as may be necessary to enable the Court to decide the questions raised thereby, and shall be signed by the parties. The argument of the case shall be subject to the Rules on that behalf for the time being in force in the Supreme Court.

246. If either party refuses to proceed with the settlement of the special case, the party desirous of proceeding shall prepare the case, and serve a copy of it on the other side; and if he refuses or neglects to proceed with the settlement of it within seven days, a summons may be taken out by the proceeding party calling on the other party to show cause why the Court shall not settle the case. On the return day of the summons the Court shall settle the case, whether the opposite party be present or not.

247. When a special case for the opinion of the Supreme Court is ready, the Provincial Court shall, on receipt of the legal fees, forward it under cover to the Registrar of the Supreme Court, together with all documents alluded to in the case, and the Supreme Court will, upon receipt of the case, fix a day for the argument, and give notice thereof to the Provincial Court, and thereupon that Court shall take all requisite steps to acquaint the parties.

The Provincial Court may, if it considers it necessary to do so, before forwarding the case to the Registrar of the Supreme Court, cause either or both parties to enter into recognizances to abide the decision of the Supreme Court, and to pay all costs arising out of the special case.

Probate and Administration.

248. Probate may be granted to the executors of any person having personal effects within the jurisdiction of the Court who shall die leaving a will.

249. Letters of administration may be granted to the next-of-kin being of the age of 21 years of any person having personal effects within the jurisdiction of the Court, or, failing the next-of-kin, or if the next-of-kin shall not appear on citation, then to the Registrar or some other person to be appointed by the Court.

250. Letters of administration with will annexed may be granted in the case of persons who shall die leaving a will in which no executor is named resident within the jurisdiction of the Court, or where the executors shall not appear on citation, or shall renounce, or from any legal disability are not competent to take out probate.

251. When administration with will annexed is granted, full power is to be reserved to revoke the administration, and grant probate to any executor who shall appear and demand it.

252. All probates and administrations must be limited to personal effects of the deceased existing within the jurisdiction of the Court.

253. As soon as convenient after the death, the executor or executors named in the will, or the next-of-kin or other person desiring administration, may file a petition in the Court, and thereupon the Court shall issue a citation, which may either be posted up in some public place, or advertised in such newspapers in the Ottoman dominions or elsewhere as the Court shall think necessary to insure due publicity.

254. If no person appears to the citation, the Court may, after the expiration of ten days from the date of publication of the citation, if in the Ottoman dominions, or if elsewhere, then within such reasonable time as the Court shall appoint, proceed to grant probate or administration, as the case may be.

255. If any person appears to the citation, the Court shall fix a day for the consideration of the claims of the several applicants.

256. The Court may, of its own motion, or on the application of any person claiming an interest under a will, give notice to the executors (if any) therein named, to come in and prove the will or to renounce probate, and they, or some or one of them, shall within fourteen days after notice come in and prove or renounce accordingly.

257. Where in a Provincial Court a dispute or question arises in relation to the grant or the application for it, or it appears to the Court doubtful whether or not the grant should be made, the Court shall communicate with the Supreme Court.

The Supreme Court shall either direct the proceedings of the Provincial Court in the matter, or shall by order remove the matter to the Supreme Court.

258. Before any administration is granted, the person to whom it is to be committed shall enter into a bond, with or without sureties, in double the amount of the sworn value of the estate, unless the Court shall think fit for any reason to diminish the amount, conditioned to make an inventory of the property of the deceased, to exhibit such inventory in the Court, to well and

truly administer the estate, and to make an account of the administration when required to do so, such bond to be deposited with the Court.

259. The Court, on granting letters of administration, shall fix a certain time for the administrator to pass his accounts.

260. The Court may, in its discretion, allow to any executor or administrator such a commission, not exceeding in the whole 5 per cent. calculated on the assets, as may be a reasonable compensation for his or their loss of time and trouble; but no allowance shall, under any circumstances, be made to any executor or administrator who shall neglect to file his accounts, or to perform any other duty attaching to his office as such executor or administrator within the time fixed by the Court.

261. In the event of any executor or administrator neglecting to file his accounts or to perform any duty within the time fixed by the Court, the Court may charge him or them with interest at the current rate on all moneys belonging to the estate then in his or their hands.

262. Where application for probate or administration is, for the first time, made to a Provincial Court after three years from the death of the deceased, a grant shall not be made except under the direction of the Supreme Court.

263. (1.) A Provincial Court, before proceeding on an application, shall ascertain that the deceased was at his death resident in the particular jurisdiction, and shall not for this purpose consider itself bound to rest satisfied with the evidence offered by the applicant.

(2.) The Court shall require evidence, in addition to that offered by the applicant, of the identity of the deceased, or of the applicant, where additional evidence in that behalf seems to the Court necessary or desirable.

(3.) The Court shal! ascertain the value of the property of the deceased as correctly as circumstances allow.

(4.) In no case shall the Court issue probate or letters of administration until all inquiries which the Court sees fit to institute have been answered to its satisfaction.

(5.) The Court shall, however, afford as great facility for the obtaining of probate or administration as is consistent with due regard to the prevention of error and fraud.

264. In the following cases a grant shall not be made by a Provincial Court, except under the direction of the Supreme Court, namely:

(a.) Probate or administration with will annexed, where there is no testamentary paper of a date later than the 31st December, 1837, e will is the will of a married woman;

(b.) Administration for the use or benefit of a minor or infant, or of a lunatic;

(c.) Administration (with or without will annexed) of the property of a bastard dying either a bachelor or a spinster, or a widower or widow without issue, or of a person dying without known relative;

(d) Administration to be granted to a person not resident.

265. Revocation or alteration of a grant of probate or administration shall not be made by a Provincial Court except under the immediate direction of the Supreme Court.

266. (1.) A notice to prohibit a grant of probate or administration may be filed in the Supreme or a Provincial Court.

(2.) Immediately on such a notice being filed in the Supreme Court, a copy thereof shall be sent to the Court of the district (if any) in which it is alleged the deceased was resident at his death, and to any other Court to which it appears expedient to send

a copy.

(3.) Immediately on such a notice being filed in a Provincial Court, that Court shall send a copy thereof to the Supreme Court, and also to the Court of any other district in which it is kuown or alleged the deceased had at his death a place of abode.

(4.) The notice shall remain in force for three months only from the day of filing; but it may be renewed from time to time.

(5.) The notice shall not affect a grant made on the day on which the notice is filed, or on which a copy thereof is received, as the case may be.

(6.) The person filing the notice shall be warned by a warning in writing, under the seal of the Court, delivered at the place mentioned in the notice as his address.

(7.) After the notice has been filed in, or a copy thereof has been received by, a Provincial Court, a grant of probate or adminis tration shall be made only by the Supreme Court.

267.-(1.) Every original will, of which probate or administration with will annexed is granted, shall be filed and kept in the public office of the Court from which the grant issues, in such manner as to secure at once the due preservation and the convenient inspection of the same.

(2.) No original will shall be delivered out for any purpose without the direction in writing of a Judge of the Supreme Court.

(3.) An office copy of the whole or of any part of a will, or an official certificate of a grant of administration, may be obtained from the Court where the will is proved or the administration granted, on payment of the proper fees.

268. On the 1st February and the 1st August in every year every Provincial Court shall send to the Supreme Court