88 PREROGATIVE COURT RECORDS

DEPUTY COMMISSARY

The only significant change in the Prerogative Court after the
passage of the above law was the establishment of the office of
Deputy Commissary. The difficulties of travel in the newly settled
colony imposed a severe hardship on the executors or administrators
of estates located at any distance from the capital of the Province.
Very early in the history of the probate office, it became customary
to issue a special warrant or commission to some reliable person,
quite often a justice of the county court, authorizing him to perform
a specific duty in a specific case. For example, in 1642, a commission
was issued to George Binks empowering him to administer the oath
of appraisers to Thomas Greene and Nathan Pope who had been
appointed appraisers of the estate of John Cockshott.²⁶ Commis-
sions were also issued authorizing persons to probate wills and
swear administrators. None of these commissions were of a general
nature. By 1692, the number of commissions being issued had in-
creased to such an extent that the Commissary General was author-
ized by law to "appoint some able and sufficient person of good
repute and a freeholder in every respective County in this Province,
to take the probate of any last will or Testament" He was also
to grant letters of administration and letters testamentary and
swear administrators and appraisers. If any dispute arose, it was
to be decided by the Commissary General. ²⁷ As a result of this act,
a commission to a Deputy Commissary or Agent for each county
was issued on August 9, 1692.²⁸ As time passed, the powers of the
Deputy Commissaries tended to increase. The law of 1715 even
authorized them to allow the accounts of estates valued at less than
50 pounds sterling, provided there was no controversy. Where an
estate exceeded 50 pounds, the Commissary General often reverted
to the early practice of issuing a special commission allowing the
Deputy Commissary to pass the account.

When a will, inventory or account was brought into the office of a
Deputy Commissary, he took whatever action was necessary and
recorded the instrument in his own books. Periodically he would
send or deliver the papers filed in his office and a return of his pro-
ceedings in each case to the Prerogative Office, where the wills, in-
ventories and accounts were again recorded and the returns of pro-

²⁶ Ibid., IV, 72.

²⁷ Ibid., XIII, 430.

²⁸ Testamentary Proceedings 14A, 3