This presumption arises, although the husband and wife be separated by mutual consent, and even when the wife is living in adultery with another man (d); and it extends to all children born within due time after the husband's death (e) or the dissolution of the marriage (f). But when the husband and wife have been separated by a decree of divorce a mensd et thoro, a sentence of judicial separation or a separation order (g), the presumption ceases with respect to children born after the expiration of such time subsequent to the decree, sentence or order as is equal to the usual period of gestation (h).

Record under the charge and superintendence of the Master of the Rolls for the time being (i). Proved by a copy certified as true and authentic by the deputy keeper of the records, or one of the assistant record collusion: s. 8. The Court lias no jurisdiction to determine in such proceeding's any question of the heirship of real estate; Mantel v. A.-G., 2 P. D. 265. It may be noted here that no child born out of wedlock can in any circumstances inherit any real estate in England as heir to and upon the death and intestacy of any person; Doe d. Birtwhistle v. Vardill, 5 B. & C. 438; 2 Cl. & Fin. 571; Birtwhistle v. Vardill, 7 Cl. & Fin. 895; Escallier v. Escallier, 10 App. Cas. 312, 317. But where a gift is made by will, or (as it seems) by an instrument operating inter vivos, of any real or personal estate situate in England to the child or children of any person domiciled in some country where the law admits of legitimation per subsequens matrimonium, a child so legitimated may take thereunder as a lawful child of such person; Skottowe v. Young, L. R. 11 Eq. 474; Re Andros, 24 Ch. D. 637: Re Grey's Trusts, 1892, 3 Ch. 88. It has also been held that children so legitimated may as children or next of kin succeed on intestacy to personal chattels under the Statute of Distributions (stat. 22 & 23 Car. II. c. 10); Re Goodman's Trusts, 17 Ch. D. 266, James & Cotton, L. J., diss. Lush, L. J., reversing Jessel, .M. R. 14 Ch. D. 619. Quere, whether this decision applies in the case of chattels real situate in England; see Duncan v. Lawson, 11 Ch. D. 394; Pepin v. Bruyere, 1902, 1 Ch. 21.

Record in Record Office.

(d) See cases cited in previous note and in n. (A), below: Har-grave v. Hargrove, 9 Beav. 552.

(e) See Co. Litt. 123 b and n. (1, 2); Bac. Abr. Bastardy (A); 1 Black. Comm. 456, 457.

(f) See cases cited in note (h), below; Bac. Abr. Bastardy A . ed. 1832; Evans v. Evans, 1904, P. 274, 378, 381; Stephen, Evidence, Art. 98.

(g) Under Stat. 58 & 59 Vict, c. 39, s. 5, replacing 41 & 42 Vict, c. 19, s. 4.

(A) St. George's Parish v. S . Margaret's, 1 Sulk. 123: Hether-ington v. Hetherington, 12 P. D. 112, 111.

(i) See Taylor, Evidence, Sec. 1337, 1338, 5th ed.

Recovery, common: - proved by an exemplification or an examined copy (/) or as a record under the charge of the Master of the Rolls (m). Conveyancers accepted office extracts (n).

Recovery.

Registration of assurances in Middlesex or Yorkshire: - proved by the certificate of registration which it is the registrar's duty to indorse and sign on the registered assurance (o). Under the Yorkshire Registries Act, 1884, the registrar is also required to seal the certificate with the seal of the registry (p).

Registration.

Seisin: - provable on sales by extracts from the land tax or poor rate assessments showing who were the landlords and tenants of the property assessed, or by evidence of acts of ownership, as the grant of a lease under which possession was had, or any letting followed by payment of rent and a fortiori a sale or mortgage (q). Declarations of deceased occupiers that they held as tenants of another, being against their proprietary interest (r), are admissible as evidence of that other's seisin (s); and on this ground receipts for rent paid by a deceased person as tenant are evidence of the landlord's seisin, when produced from the proper custody (t). Proof of personal occupation only, though prima facie evidence in ejectment of a seisin in fee, is not acceptable as sufficient evidence of seisin on a sale (u).

Seisin.

(k) Stat. 1 & 2 Vict. c. 94, ss. 1, 12, 13.

(I) Coventry, Conveyancers' Evidence, 77; Burt. Comp. pl. 490; 1 Dart, V. & P. 315, 5th ed.; 356, 6th ed.; 352, 7th ed.

(m) See above.

(n) Sug. V. & P. 414. By stat. 14 Geo. II. c. 20, ss. 4, 5, repealed with extensive savings (see 28 Ch. D. 107) by 30 & 31 Vict. c. 59, where an estate had been purchased and held for twenty years under a title which a recovery was necessary to complete, the purchaser and all claiming under him might prove a recovery, of which no record could be found or which appeared not to be regularly entered on record, by production of a deed making a tenant to the Praecipe and declaring the uses of the recovery and executed by a person having a sufficient estate for the purpose; and every recovery twenty years old, to which the persons having power to bar the entail were parties, was made valid, if it appeared on the face thereof that there was a tenant to the writ, notwithstanding that the deed for making such tenant were lost or did not appear; see Burt. Comp. pl. 682-694.

(o) Stats. 7 Anne, c. 20, s. 6, as to Middlesex; 47 & 48 Vict, c 54, s. 9, as to Yorkshire, replacing 2 & 3 Anne, c. 4, s. 8; 6 Anne, c. 62 (c. 35, s. 11, in Ruffhead); 8 Geo. II. c. 6, s. 12; Taylor, Evidence. Sec. 1464, 5th ed.

(p) Stat. 47 & 48 Vict. c. 54, s. 9.

Will: - proved on a sale by production of the probate or an office copy, whether the will relate to personal estate only or to real and personal estate, or, where the testator died on or after the 1st of January, 1898, to real estate only (x). If the will should not have been proved - and a will of real estate, as such, does not require to be proved (y) - the original must of course be produced (2). As in the case of deeds (a), it was not the practice on sales to require proof of the due signature and attestation of any will of real estate forming part of the title: but wills purporting to have been signed and attested as required by law (b) were presumed to have been made with the proper formalities (c). Since the Wills Act required all wills, whether of real or personal estate, to be executed in the same manner (d), the fact that a will has been proved strengthens the presumption that it was duly signed and attested (e).