The canon law has been practised in the Ecclesiastical courts as a distinct profession for upwards of three centuries. The rules for the admission of advocates are given in BLREUSTER, p. 317. The residence of the judges and advocates, and the proper buildings for holding the Ec clesiastical and Admiralty Courts, are at Doctors' Commons, the site of which was purchased by some members of this body in 1567. [Docroas' Commons.] The members of the society were incorporated in 1768 by a royal charter, under the name of " The College of Doctors of Laws exer cent in the Ecclesiastical and Admiralty Courts." The proctors discharge duties similar to those of solicitors and attorneys in other courts. [Paocroa.] The course of proceeding in these courts is as follows :—The mode of com mencing the suit, and bringing the parties before the court, is by a process called a Citation, or summons. This citation, in ordinary cases, is obtained as a matter of course, from the registry of the court, and under its seal ; but in special cases, the facts are alleged in what is termed an act of court, and upon those facts the judge or his surrogate decrees the party to be cited ; to which, in certain cases, is added an intimation, that if the party does not appear, or appearing does not show cause to the contrary, the prayer of the plaintiff, set forth in the decree, will be granted. The party cited may either appear in person, or by his proctor, who is appointed by an instrument, under hand and seal, termed a proxy. The proctor thus appointed represents the party, acts for him and manages the cause, and binds him by his acts.
In Testamentary causes, the proceeding is sometimes commenced by a Caveat, which may be entered by a party inte rested in the effects of the deceased person, against the grant of probate of will o letters of administration, without notice being first given to him who enters the caveat. This caveat is then warned by the party who claims the representation either as executor or administrator, which is in effect a notice to the proctor who enters the caveat, that he must appear and take further steps, if he intends to con tinue his opposition. Both parties are then assigned by order of court to set forth their respective claims, and the suit thus commences, either to try the validity of an alleged will, or the right to adminis tration, either under an intestacy or with a will annexed. [ADMINISTRATION; ExEcrroa.] There is another process in testamentary matters, extremely useful and frequently resorted to. The executor, or other person who claims the grant of probate of a will or other testamentary instrument, may cite the next of kin and other parties interested in case there should be an intestacy or under a former will, to appear and see the will pro pounded and proved by witnesses ; and if the parties cited do not appear and oppose the probate, they are barred from afterwards contesting its validity, unless on account of absence out of the kingdom, or some other satisfactory cause.
So again, the next of kin, or other par ties entitled either to the grant of letters of administration or under a former will, may cite the executor or other person ap parently benefited under a suggested will or testamentary instrument, to appear and propound it ; or otherwise show cause why probate should not be granted of the suggested will of the deceased, on the ground of his having died intestate, or why probate should not be granted of a former will ; and the parties cited, not appearing, are barred from afterwards set ting up the wilL But if probate or ad ministration be taken in common form, without citing persons who have an ad verse interest, the grant may afterwards be called in, and the executor or admi nistrator cited, and put upon proof of his right, as if no such common form grant had issued. Again, where no grant is
applied for by the person primarily entitled to it, such as an executor, resi duary legatee, or next of kin, process may be taken out by any person who claims an interest in the effects of the deceased, such as a legatee, a party entitled to a distri butive share of the estate, or a creditor, but he must call upon the persons pri marily entitled to accept or refuse the grant, or otherwise show cause why it should not pass to such person who claims an interest. Or if a person be dead in testate, without leaving any known rela tions, a creditor may obtain letters of administration, upon advertising for next of kin in the Gazette and a morning and evening newspaper, provided he serves a process on the Royal Exchange and on the king's proctor, but the Crown has a right to take the grant, if it makes the claim.
In all these and similar cases, the facts must be supported by affidavit, all due notice is required to be given, and the grant is moved for before the court, at its sitting.
The mode of enforcing all process, in case of disobedience, is by pronouncing the party cited to be contumacious ; and if the disobedience continues, a signifi cavit issues, upon which an attachment from Chancery is obtained, to imprison the party till he obeys. In cases where some act is required to be done by the party cited, to exhibit an inventory and account. for instance, or to pay alimony, the compulsory process is enforced ; but in some cases, where no act is necessary to be done bythe party cited, the plaintiff may proceed in pcenam contumacies, and the cause then goes on ex parte, as if the defendant had appeared. The party cited, to save his contumacy, may appear under protest, and may show cause against being cited ; such as, that the court has no juris diction in the subject-matter, or that he is not amenable to that jurisdiction : this preliminary objection is heard upon peti tion and affidavits ; and either the protest is allowed, and the defendant dismissed, or the protest is overruled, and the de fendant is assigned to appear absolutely ; and costs are generally given against the unsuccessful party. Either party may appeal from the decision on this prelimi nary point ; or the defendant, in case the judge decides against him on the question of jurisdiction, and on some other ques tions, may apply to a court of law for a prohibition.