case tempt Hardwicke Kempton on the demise OF BOYFIELD versus cross letter of  administration with the will annex in a cause relate to personal property  prove themselves make a defence on trial in ejectment be a waiver of  irregularity in the service of the ejectment Cun S c in ejectment for the  rectory of the parish church of Wandsworth try at the last assize for Surre  plaintiff make title under a term of year from the administrator of Edward  Salway with the will annex but he do not produce in evidence the letter of  administration themselves only a exemplification thereof under the archbishop  seal which be in this manner to all Christian people to who c greeting know  the that have search our register and act c we have discover that on the day  of a power be issue to administer the good of decease accord to his will  because no executor thereof be appoint the tenor of which will here follow set  out the will verbatim give under our archiepiscopal seal c which the judge of  assize Mr justice reeve allow as good evidence and a defence be make by  defendant and a verdict for the plaintiff and now Lacy for defendant move for  a new trial and object first objection that the certificate or exemplification  be not sufficient evidence to prove the administration but that the book  wherein those act be register ought to have be produce as in I lev and SC in I  keb Garrett and Lister and in Peaslies case lev and I keb whereas this be only  a recital of administration in exemplification of a will Lord Hardwicke c j if  it be a exemplification of the letter of administration it will be sufficient  d objection that the affidavit on which they move against the casual ejector  be upon the late Act of parliament that so much rend be behind and no distress  on the premise but when they come at the trial they desert that pretence and  set up another title which mislead we who be come to make defence on the foot  of their affidavit win contra Lord Hardwicke c j the grant administration be  the act of the ecclesiastical court who be the proper judge the proof of that  act be by the commission itself which can only be deny by deny the seal or by  a copy of the act of court or by a exemplification case tempt Hardwicke  thereof so in the court of chancery and this court exemplification under seal  be sufficient evidence as be under the seal of the court and not like a  certificate make by a officer now this exemplification do case tempt Hardwicke  er p not exact correspond with the form of exemplification in this court for  here we set out the record in haaec word and this be only a recital of the  fact but however it import a inspeximus so that I think it will depend on  their manner of exemplify for if this be their form I shall think in substance  it be well enough as to the other matter it be matter of irregularity and it  seem to I to be so but I doubt you have waive it by make a defence at the  trial for if there have be a irregularity in serve the ejectment or the notice  of trial the make defence will have cure it page I doubt if the Act intend to  bar the plaintiff of make any other title but suppose it do yet that be waive  by your defence probin I doubt whether when you have bring this ejectment upon  this Act of parliament the defendant need come prepare to make any other  defence for this be a particular sort of ejectment but then you shall have  make no defence lee I I do not see but notwithstanding the direction of the  Act the plaintiff may insist on any other title but if he do then he have not  make a regular service for such a ejectment but then your make defence waive  all that so that I think this shall be a motion for irregularity rather than a  new trial the other matter must depend on the practice of the ecclesiastical  court the case certain be that produce the book with the entry be sufficient  without show the letter of administration and this instrument purport a  inspeximus and have the credit of the office seal cur mention it again and get  some of the register from doctor Commons to attend accord at another day  several of the people from doctor Commons do attend and be ask and declare  that the custom be always in the prerogative court in exemplification of  general administration to set out the letter of administration in haec word  but in case of special administration as administration with the will annex  like this they recite the entry in their book and set out the will verbatim  and their affidavit to the same purpose be read and they produce two  exemplification with the will annex upon the executor renounce which be also  in the same form and one be date in and the other in but Mr Rushworth case  tempt Hardwicke who be register of the court of arch say their way be to set  out verbatim whatever be exemplify but he say they seldom or ever have special  administration and very few other so the court think the evidence be proper  allow at the assize and so will not grant a new trialSee peak eved