TRANSFER AND TRANSMISSION OF SHARES 87
as to domicile is not required. The fees payable are as follows,
in the case of probate, letters of administration. or letters
of administration with the will annexed: —
Effects in Ireland sworn under £20
£50
ys £100
) ,, atorover £100 .. }
Also: Search per year, or part of year (excluding
current year) “
Filing notice of application
Receipt for grant ue
Registrar’s fiat “i .. i.
Filing copy will and/or grant .. ,
Comparing copy with grant, 3d. per folic
of go words with a minimum charge o.
Stamp Office certificate .. .. .
Certificate of bond (if anv) .. .. ..
1.
J
’
As regards deceased foreign shareholders, it is necessary for
a grant to be taken out in England by an attorney appointed
for the purpose by the person entitled. The latter need not
necessarily be the administrator in a foreign country, but as
a rule the Court will follow the foreign grant. (See Williams
on ‘Executors, 11th ed. p. 273.) This procedure of
obtaining a fresh grant is in simple cases often followed also
in the case of colonial probates, as it is in such cases slightly
less expensive than the process of resealing, and mav be
found more expeditious.
Upon production of probate, without more, a company
should not enter the names of the executors upon the register
as the holders of the shares. So long ago as 1879, in Buchan'’s
Case (4 A.C. 549), in the House of Lords, the then Lord
Chancellor, Lord Cairns, laid it down that the names of
executors should not be entered on the register without ‘a
distinct and intelligent request’ on the part of the executors.
But when the regulations, as they commonly do, provide for
the executors being entitled to require the company to register
them, it is then the duty of the company, upon a request, to
enter their names, unaccompanied by any mention of their
representative capacity (I. H. Saunders & Co. (1908), 1 Ch.
415]. If this be done, the executors become personally liable on
the shares, and the company has nothing to do with the
deceased or his estate. Hence the frequent provision in
articles that directors shall not be obliged to consent to the
1In the case of letters of administration onlv.
Foreign
Probates.
Letter of
Request.