Rules of the Superior Courts

S.I. No. 15/1986 - The Rules of the Superior Courts S.I. No. 15 of 1986. THE RULES OF THE SUPERIOR COURTS We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court. Dated this 19 day of December 1985. Tomas A. Finlay Harry Hill Liam Hamilton Frederick Morris Brian Walsh Mary Laffoy Frank Griffin W. B. Allen Seán Gannon D. R. Pigot Mella Carroll I concur in the making of the annexed Rules of Court. Dated this 17th day of January 1986. MICHAEL NOONAN, Aire Dli agus Cirt. THE RULES OF THE SUPERIOR COURTS The following Rules (which may be cited as "The Rules of the Superior Courts" or, in the abbreviated form, "R.S.C.") shall come into operation on the 1st day of October, 1986, and shall on and after that date apply, where appropriate, to all proceedings in causes or matters whether then pending or commenced thereafter. As and from the said date the Orders and Rules specified in Appendix Z hereto shall stand annulled. TABLE OF CONTENTS THE RULES OF THE SUPERIOR COURTS COMMENCEMENT OF PROCEEDINGS PROCEDURE BY SUMMARY SUMMONS PROCEDURE BY SPECIAL SUMMONS I. INDORSEMENT OF CLAIM II. INDORSEMENT OF ADDRESS 11 ISSUE OF SUMMONSES AND PETITIONS 11 CONCURRENT SUMMONSES 15 16 RENEWAL OF SUMMONS 17 SERVICE OF SUMMONS: I. Mode of service 19 II. On particular defendants 19 III. In particular actions 20 IV. General 21 10 SUBSTITUTED SERVICE 22 11 SERVICE OUT OF THE JURISDICTION 22 12 27 13 DEFAULT OF APPEARANCE 33 14 ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN 39 15 I. General 42 II. Person under disability 45 III. Administration and execution of trusts 46 16 THIRD-PARTY PROCEDURE 50 17 CHANGE OF PARTIES BY DEATH, &c. 55 18 JOINDER OF CAUSES OF ACTION 58 19 PLEADING GENERALLY 60 20 STATEMENT OF CLAIM 66 21 DEFENCE AND COUNTER CLAIM 67 22 PAYMENT INTO AND OUT OF COURT AND TENDER 71 23 REPLY AND SUBSEQUENT PLEADINGS 78 24 MATTERS ARISING PENDING THE ACTION 79 25 TRIAL OF POINT OF LAW 80 26 80 27 DEFAULT OF PLEADING 81 28 85 29 SECURITY FOR COSTS 88 30 SIDE-BAR ORDERS 89 31 INTERROGATORIES, DISCOVERY AND INSPECTION 90 32 97 33 ISSUES, ACCOUNTS AND INQUIRIES 99 34 SPECIAL CASE 101 35 ISSUES OF FACT WITHOUT PLEADINGS 103 36 I. Place and mode of trial 104 II. Notice of trial and setting down 106 III. Papers for Judge 108 IV. Proceedings at trial 109 V. Reference to Master as to damages 111 37 HEARING OF PROCEEDINGS COMMENCED BY SUMMARY SUMMONS 112 38 HEARING OF PROCEEDING S COMMENCED BY SPECIAL SUMMONS 115 39 I. General 117 II. Examination of witnesses 118 III. Subphoena 122 IV. Perpetuating testimony 123 V. Obtaining evidence for foreign tribunals 124 40 I. General 125 II. Affidavits and evidence before the Master or the Examiner 129 III. Trial on affidavit 130 41 MOTION FOR JUDGMENT AND ENTRY OF JUDGMENT 131 42 I. General 135 II. Discovery in aid of execution and in proceedings under the Debtors Act (Ireland), 1872 141 43 ORDERS OF FIERI FACIAS AND SEQUESTRATION 142 44 ATTACHMENT AND COMMITAL:0.0104167> I. General 143 II. The Debtors Act (Ireland), 1872 144 45 I. ATTACHMENT OF DEBTS 145 II. RECEIVERS BY WAY OF EQUITABLE EXECUTION 147 46 CHARGING ORDERS AND STOP ORDER: 148 II. Orders charging interest of partner 148 III. Notice to restrain transfer of stock 149 IV. Stop orders 150 47 ORDER OF POSSESSION 151 48 ORDER OF DELIVERY 153 49 HEARING, TRANSFER AND CONSOLIDATION 153 50 I.INTERLOCUTORY ORDERS 155 II. RECEIVERS AND ADMINISTRATORS PENDENTE LITE 158 III. GUARDIANS 160 51 SALES BY THE COURT 160 52 MOTIONS AND OTHER APPLICATIONS 162 53 I. General 167 II. Application for admission as a solicitor 167 III. Disciplanary provisions 168 IV. Appeals and applications to the President under Parts IV, V, and VI of the Act of 1954 169 V. Applications relating to the control of a solicitor's property 170 VI. Applications relating to client's property 171 54 ADMINISTRATION, TRUSTS AND MORTGAGES 172 55 THE EXAMINER: I. Powers and duties 174 II. Documents to be left at the Examiner's Office 175 III. Notice to proceed 176 IV. Appointment Book 177 V. Attendances 178 VI. Advertisements for creditors and claimants 179 VII. Interest 182 VIII. Examiner's certificate 182 IX. Miscellaneous 184 56 184 57 186 58 APPEALS TO THE SUPREME COURT 189 59 CASES STATED FOR THE SUPREME COURT 195 60 RIGHT OF ATTORNEY GENERAL TO NOTICE OF CONSTITUTIONAL ISSUES 197 61 APPEALS FROM THE CIRCUIT COURT 198 62 CASES STATED FOR THE HIGH COURT 202 63 THE MASTER OF THE HIGH COURT 203 64 207 65 219 66 I. Evidence of age 221 II. Settlements 221 67 WARDS OF COURT (OTHER THAN MINORS): I. Preliminary 222 II. Proceedings by petition for inquiry, or on report directed to stand as a petition 225 III. Where the inquiry is before a jury 226 IV. Where the inquiry is without a jury 227 V. Proceedings under sections 68 and 70 of the Act 228 VI. Proceedings under section 103 of the Act 231 VII. Proceedings after primary order made on petition for inquiry or upon report directed to stand as a petition 234 VIII. The Registrar 237 IX. Committees 238 X. Guardians and receivers 241 XI. Leases, sales and mortgages 242 XII. Visitors 245 XIII. Death or recovery of the ward 246 XIV. Miscellaneous 248 68 250 I. Recovery of taxes and duties 251 II. Appeals under the Finance Act, 1894, section 10 251 III. Appeals under the Succession Duty Act, 1853, Section 50 253 IV. Miscellaneous 254 69 ARREST OF DEFENDANT UNDER THE DEBTORS ACT (IRELAND), 1872 254 70 MATRIMONIAL CAUSES AND MATTERS: I. Petition 255 II. Citation 256 III. Service 257 IV. Appearance 257 V. Intervener 258 VI. Answer 258 VII. Further pleadings 259 VIII.General rules as to pleadings 259 IX. Medical inspection 260 X. Trial or hearing 261 XI. Evidence taken by affidavit 261 XII. Proceedings by petition 262 XIII. Alimony 263 XIV. Restitution of conjugal rights 264 XV. Guardians of infants 264 XVI. Attachments and sequestration 265 XVII. Notices 265 XVIII. Service of pleadings, notices, &c. 265 XIX. Change of solicitor 266 XX. Motion papers 266 XXI. Costs, &c. 267 XXII. General 268 71 THE LIGITIMACY DECLARATION ACT (IRELAND), 1868 268 72 269 73 PAYMENT INTO COURT UNDER THE TRUSTEE ACT, 1893, AND THE SUPREME COURT OF JUDICATURE (IRELAND) ACT, 1877 272 74 WINDING-UP OF COMPANIES: I. Preliminary 273 II. Proceedings 274 III. Service of documents in winding-up by the Court 275 IV. Petition to wind-up a company 275 V. Provisional liquidator 276 VI. Hearing of petitions and order made thereon 277 VII. Statement of affairs 279 VIII. Appointments and duties of Official Liquidator 281 IX. Proceedings by or against directors, promoters and officers when the company is being wound-up by the Court 284 X. General meetings of creditors and contributories in a winding-up by the Court and of creditors in a creditors' voluntary winding-up 285 294 XII. List of contributories in a winding-up by the Court 295 XIII. Collection and distribution of company's assets by Official Liquidator 296 XIV. Calls 296 XV. Ascertainment of company's liabilities 297 XVI. Proof of debts 299 XVII. Dividends in a winding-up by the court 301 XVIII. Payment in of moneys and deposit of securities 301 XIX. Sales of property 302 XX. Examination of witnesses 303 XXI. Sanction of the Court 303 XXII. Costs and expenses payable out of the assets of the company 303 XXIII. Statements by Liquidator to the registrar of companies 304 XXIV. Payment of unclaimed dividends and unapplied or undistributable balances into The Companies Liquidation Account 305 XXV. File of proceedings 308 XXVI. Applications to stay or restrain proceedings 308 XXVII. Applications under sections 201, 245, 247 or 279 309 XXVIII. Application un'er section 234, 236, 237, 243, 287(3), 299, 347 or 384 309 XXIX. Termination of winding-up by the Court 309 XXX. Applications in voluntary winding-up 310 XXXI. Forms in voluntary winding-up 310 75 I. Preliminary 310 II. Title of proceedings 311 III. Applications 312 IV. Summons for directions 316 V. Proceedings when inquiry directed 317 VI. Order confirming a reduction of capital 320 VII. Appeal against refusal to register a name 320 321 IX. Service of petitions 321 76 I. Preliminary 321 II. Delegation of powers 322 III. Proceedings generally 324 IV. Debtor's summons 325 V. Service of debtor's summons 327 VI. Security 328 VII. Declaration of insolvency 328 VIII. Bankruptcy petition 329 IX. Adjudication of bankruptcy 331 X. Motions and practice 333 XI. Proceedings by charge and discharge 335 XII. Sale of property mortgaged or pledged 336 XIII. Discovery 337 XIV. Person under disability 338 XV. Public sittings of the Court 338 XVI. Authority to vote 339 XVII. Evidence 339 XVIII. Proof of debt of secured creditors 340 XIX. Joint and separate estates 341 XX. Trial by jury 341 XXI. Execution 342 XXII. Absconding debtor 342 XXIII. Salary and income 342 XXIV. Corrupt agreement with creditor 343 XXV. The bankrupt's statement of affairs 343 XXVI. Creditors' Assignee 344 XXVII. Composition after bankruptcy 344 XXVIII. Arrangement under the control of the Court 345 XXIX. Consent of surety 348 XXX. Realisation of bankrupt's estate and effects 348 349 XXXII. Proof of debts and dividends 350 XXXIII. Preferential payments in bankruptcy and arrangement 355 XXXIV. Final Examination 356 XXXV. Certificate of conformity 356 XXXVI. Enforcement of debt against a bankrupt who has not obtained a certificate of conformity 358 XXXVII. Records of proceedings 358 XXXVIII. Official Assignee 359 XXXIX.The Unclaimed Dividend Account 361 XL. Proceedings in local courts 362 XLI. General 363 77 FUNDS IN COURT:0.0104167> I. Preliminary 363 II. Preparation of orders to be acted upon by the Accountant and particulars relating thereto 364 III. Lodgment of funds in Court 370 IV. Appropriation under Order 22, rule 9, of money lodged in Court 373 V. Payment, delivery and transfer of funds out of Court and other dealings with the funds 373 VI. Investments 380 VII. Calculation of residues, evidence of life, &c. 382 VIII. Deposits under the central Bank Act, 1941 383 IX. Deposits under the central Bank Act, 1941 384 X. Deposits under the Auctioneers and House Agents Act, 1947 386 XI. Miscellaneous 387 XII. The Companies Liquidation Account 391 78 DEPOSIT OF POWERS OF ATTORNEY 391 79 THE PROBATE OFFICE: 392 I. Application for probate or letters of administration 394 II. Execution of a will 399 III. Interlineations and alterations 400 IV. Erasures and obliterations 400 V. Documents referred to in a will 400 VI. Appearance of the paper 401 VII. Pencil writing on wills 401 VIII. Application by Trust Corporation 401 IX. Limited administration 401 X. Administration under the Succession Act, 1965 402 XI. Grant to an attorney 402 XII. Grant to a gaurdian 402 XIII. Grant to a Committee 402 XIV. Administrator's oath 403 XV. Administration bond 403 XVI. Issue of grant 404 XVII. Renunciation 404 XVIII. Affidavits 405 XIX. Caveats 405 XIX. Citations 406 XXI. Production of will 408 XXII. Blind and illeterate testator 409 XXIII. Alteration in grant 409 XXIV. Notice to Attorney General 409 XXV. Transmission of papers 410 XXVI. Copies of wills 410 XXVII. Production of documents 411 XXVIII. Sureties 411 XXIX. Personal application for grant 411 XXX. Miscellaneous 412 80 THE DISTRICT PROBATE REGISTRIES: I. Application for probate or letters of administration 414 II. Execution of a will 419 III. Interlineations and alterations 420 IV. Erasures and obliterations 420 V. Documents referred to in a will 420 VI. Appearance of the paper 421 VII. Pencil writing on wills 421 VIII. Doubtful cases 421 IX. Application by Trust Corporation 421 X. Limited administration 422 XI. Administration under the Succession Act, 1965 422 XII. Grant to an attorney 422 XIII. Grant to a guardian 423 XIV. Administrator's oath 423 XV. Administration bond 423 XVI. Issue of grant 424 XVII. Renunciation 425 XVIII. Revocation and alteration of grant 425 XIX. Affidavits 426 XX. Caveats 426 XXI. Citations and subpoenas 427 XXII. Blind and illiterate testator 427 XXIII. Alteration in grant 427 XXIV. List of grants 428 XXV. Notice to Attorney Genral 428 XXVI. Transmission of papers 428 XXVII. Copies of wills 429 XXVIII. Production of documents 429 XXIX. Sureties 430 XXX. Personal application for grant 430 XXXI. Miscellaneous 431 81 432 82 DEEDS OF ARRANGEMENT 433 83 CONSTRUCTION OF WRITTEN INSTRUMENTS 435 84 JUDICIAL REVIEW AND ORDERS AFFECTING PERSONAL LIBERTY 435 I. Habeas corpus 436 II. Attachment for contempt 438 III. Bail 438 IV. Recognizances 438 V. Judicial Review 439 85 CENTRAL CRIMINAL COURT 445 86 COURT OF CRIMINAL APPEAL:0.0104167> I. Preliminary 446 II. Certificate of the judge of the Court of trial 447 III. Notice of appeal 447 IV. Enlargement of time for appealing 449 V. Appeal where fine only is inflicted 449 VI. Suspension of orders of trial judge pending appeal 450 VII. Official stenographer and transcript 453 VIII. Exhibits and documents relating to trail 454 IX. Documents for use of the Court and appellants 454 X. Report of trial judge 455 XI. Bail 455 XII. Cause list 458 XIII. Abondonment of appeal 458 XIV. Examination of witnesses 459 XV. Hearing of appeals and other applications 460 XVI. Miscellaneous 461 87 APPEALS TO THE SUPREME COURT FROM THE CENTRAL CRIMINAL COURT 463 88 INSURANCE DEPOSITS 466 89 THE AUCTIONERS AND HOUSE AGENTS ACT, 1947-1973 467 90 SOCIAL WELFARE (CONSOLIDATION) ACT, 1981 467 91 468 92 HOUSING ACT, 1966 469 93 FISHERIES (CONSOLIDATION) ACT, 1959 470 94 I. General 470 II. Actions for infringement of patent 471 III. Amendment of specification 473 IV. Petition for revocation of a patent 474 V. Petition for extension of the term of a patent VI. Appeals to the Court 478 VII. Other applications to the Court 479 95 PROFESSIONAL DISCIPLINARY BODIES 480 96 REGISTRATION OF TITLE ACT, 1964 482 97 PARLIAMENTARY ELECTION PETITIONS 484 98 EXTRADITION ACT, 1965 492 99 I. Rights to costs 493 II. Limitation of costs 495 III. Amount of costs 496 IV. Taxation of costs 498 V. Review of taxation 512 VI. Costs of judgment in default 514 VII. Costs of execution 515 VIII. Judicial Review and Orders affecting personal liberty 516 IX. Non-contentious probate matters 516 X. Bankruptcy 516 100 REGISTRATION OF BUSINESS NAMES ACT, 1963 518 101 HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1979 519 102 TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982 519 103 LOCAL GOVERNMENT (PLANNING ADN DEVELOPMENT) ACT, 1976 520 104 CONSUMER INFORMATION ACT, 1978 521 105 APPEALS FROM THE EMPLOYMENT APPEALS TRIBUNAL 522 106 APPEALS FROM THE LABOUR COURT 523 107 TRADE UNION ACT, 1971 524 108 LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977 524 109 INDUSTRIAL AND PROVIDENT SOCIETIES (AMENDMENT) ACT, 1978 526 110 MALICIOUS INJURIES ACT, 1981 527 111 528 112 APPEALS UNDER THE HOUSING (PRIVATE RENTED DWELLING) (AMENDMENT) ACT, 1983 529 113 THE LIFE ASSURANCE COMPANIES (PAYMENT INTO COURT) ACT, 1896 529 114 532 115 ORDERS OF THE COURT 532 116 533 117 534 118 SITTING AND VACATIONS 536 119 MODE OF ADDRESS OF JUDGES: ROBES OF BENCH AND BAR 538 120 INTERPRETERS AND TRANSLATIONS 539 121 SERVICE OF DOCUMENTS 540 122 542 123 SHORTHAND REPORTING 544 124 EFFECT OF NON-COMPLIANCE 545 125 INTERPRETATION AND FORMS 546 126 549 Part I: ORIGINATING SUMMONS II: APPEARANCE Part I: INDORSEMENT OF CHARACTER OF PARTIES II: GENERAL INDORSEMENT OF CLAIM III: SPECIAL INDORSEMENT OF CLAIM IV: STATEMENT OF CLAIM NOTICES, AFFIDAVITS &c. Part I: EVIDENCE II: EVIDENCE TAKEN ABROAD III: FOREIGN PROCEEDINGS Part I: PRAECIPE II: ORDERS THE EXAMINER APPEALS FROM CIRCUIT COURT Part I: ORIGINATING SUMMONS II: MISCELLANEOUS III: CENERAL INDORSEMENT OF CLAIM IV: STATEMENT OF CLAIM V: DEFENCE WARDS OF COURT WINDING-UP OF COMPANIES FUNDS IN COURT BILLS OF SALE DEEDS OF ARRANGEMENT JUDICIAL REVIEW AND ORDER AFFECTING PERSONAL LIBERTY COURT OF CRIMINAL APPEAL ELECTION PETITIONS Part I: GENERAL II: COSTS OF JUDGMENT IN DEFAULT OF APPEARANCE III: NON-CONTENTIOUS PROBATE MATTERS IV: BANKRUPTCY V: APPEALS FROM CIRCUIT COURT VI: FEES PAYABLE TO COMMISSIONERS FOR OATHS ANNULMENT OF RULES ORDER 1. COMMENCEMENT OF PROCEEDINGS. 1. Save as otherwise provided in these Rules, civil proceedings in the High Court shall be instituted by a summons of the Court to be called an originating summons. 2. An originating summons for the commencement of plenary proceedings with pleadings and hearing on oral evidence (in these Rules called a plenary summons) shall (save in admiralty proceedings) be in the Form No. 1 in Appendix A Part I. 3. An originating summons for the commencement of summary proceedings without pleadings and to be heard on affidavit with or without oral evidence (in these Rules called a summary summons) shall, in the case of any claim mentioned in Order 2, rule 1, be in the Form No. 2 in Appendix A, Part I. 4. An originating summons for the commencement of summary proceedings without pleadings and to be heard on affidavit with or without oral evidence (in these Rules called a special summons) shall, in the case of any claim mentioned in Order 3 (other than in admiralty proceedings) be in the Form No. 3 in Appendix A, Part I. 5. Any costs occasioned by the use of any forms of summonses or of indorsements thereon, other or more prolix than the forms in these Rules prescribed shall be borne by the party using the same, unless the Court shall otherwise direct. 6. In all proceedings (other than to take a minor into wardship) commenced by originating summons, procedure by plenary summons shall be obligatory except where procedure by summary summons or by special summons is required or authorised by these Rules. ORDER 2. PROCEDURE BY SUMMARY SUMMONS. 1. Procedure by summary summons may be adopted in the following classes of claims:— (1) In all actions where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising— ) upon a contract, express or implied (as, for instance, on a bill of exchange, promissory note, or cheque, or other simple contract debt); or ) on a bond or contract under seal for payment of a liquidated amount of money; or ) on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or ) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or ) on a trust. (2) In actions where a landlord seeks to recover possession of land, with or without a claim for rent or mesne profits— ) against a tenant whose term has expired or has been duly determined by notice to quit; or ) for non-payment of rent. (3) Claims in which the plaintiff in the first instance desires to have an account taken. 2. Procedure by summary summons may be adopted by consent of all parties in the case of a claim not coming within any of the classes in rule 1. ORDER 3. PROCEDURE BY SPECIAL SUMMONS. Procedure by special summons may be adopted in the following classes of claims:— (1) The administration of the real or personal estate of a deceased person, or the administration of the trust of any deed or instrument save where there is a charge of wilful default or breach of trust. (2) The determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin or heir-at-law of a deceased person, or cestui que trust under the trust of any deed or instrument, or claiming by assignment or otherwise under any such person. (3) The payment into Court of any money in the hands of executors, administrators or trustees. (4) A direction to any executors, or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees (including the furnishing and vouching of accounts). (5) The approval of any sale, purchase, compromise, or other transaction in connection with the administration of any estate or trust. (6) The determination of any question arising in the administration of any estate or trust or the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others. (7) The determination of any question of construction arising under any deed, will, or other written instrument, and a declaration of the rights of the persons interested. (8) The determination, under the Finance Act, 1894, section 14 (2), of a dispute as to the proportion of estate duty to be borne by any property or person. (10) Where no proceeding is pending by reason whereof the infant is a ward of Court, an application as to any of the following matters:— ) sections 12, 16 and 17 of the Infants Property Act, 1830, as extended to Ireland by the Infants Property (Ireland) Act, 1835; section 4 of the Leasing Powers Act for Religious Worship in Ireland, 1855, as extended by the Glebe Lands (Ireland) Act, 1875, and the Leases for Schools (Ireland) Act, 1881; ) the settlement of any property of an infant on marriage under the Infants Settlements Act, 1855, as extended to Ireland by the Infants Settlements (Ireland) Act, 1860; ) the guardianship, care and maintenance or advancement of any infant. (11) The appointment of a trustee or a new trustee with or without a vesting or other consequential order; or a vesting order or other order consequential on the appointment of a new trustee, whether the appointment is made by the Court or out of Court; or a vesting or other consequential order in any case where a judgment or order has been given or made for the sale, conveyance or transfer of any land or stock; or a vesting order under the Trustee Act, 1893, section 39; or an order directing a person to convey. (12) The determination of any question under the Vendor and Purchaser Act, 1874, section 9. (13) Any relief under the Married Women's Status Act, 1957 section 12. (14) Any relief under the Trustee Act, 1893, sections 42 or 44. (15) Sale, delivery of possession by a mortgagor, or redemption; reconveyance, or delivery of possession by a mortgagee. (16) Any relief in respect of funds lodged in Court pursuant to the Land Clauses Consolidation Act, 1845, section 69. (17) An interpleader order. (18) Applications in connection with the lodgment in Court of any funds, the investment of any funds lodged in Court, or the payment out of any funds lodged in Court, whether pursuant to the provisions of any statute or otherwise, where there is no pending proceedings in respect thereof and no other procedure prescribed or required by these Rules. (19) Applications for the taxation and delivery of bills of costs and for the delivery by any solicitor of deeds, documents and papers where there is no pending proceeding in which the application may be made. (20) Any other proceeding in which procedure by special summons is required or authorised by these Rules. (21) Any other proceeding which is required or authorised by statute to be brought in a summary manner and for which no other procedure is prescribed by these Rules. (22) Such other matters as the Court may think fit to dispose of by special summons. ORDER 4. I. INDORSEMENT OF CLAIM. 1. An indorsement of claim shall be made on every originating summons before it is issued. 2. The indorsement of claim on a plenary summons shall be entitled "GENERAL INDORSEMENT OF CLAIM" and there shall be an indorsement of the relief claimed and the grounds thereof expressed in general terms in such one of the forms in Appendix B, Part II, as shall be applicable to the case, or, if none be found applicable, then such other similarly concise form as the nature of the case may require. 3. In the indorsement required by rule 2 it shall not be essential to set forth the precise ground of complaint or the precise remedy or relief to which the plaintiff considers himself entitled. 4. The indorsement of claim on a summary summons and on a special summons shall be entitled "SPECIAL INDORSEMENT OF CLAIM," and shall state specifically and with all necessary particulars the relief claimed and the grounds thereof. The indorsement of claim on a summary summons or a special summons shall be in such one of the forms in Appendix B, Part III, as shall be applicable to the case, or, if none be found applicable, then such other similarly concise form as the nature of the case may require. 5. (1) Whenever a claim indorsed on a summary summons is for a liquidated sum only, the indorsement, besides stating the amount claimed in respect of the demand, shall state the amount claimed for costs, and shall further state that on payment of such amounts for demand and costs within six days after service, or in the case of a summons not for service within the jurisdiction, within the time limited for appearance, further proceedings will be stayed. (2) The amount claimed for costs shall be:— ( a ) If the demand does not exceed £2.500 Such sum as would be appropriate to a proceeding for a like amount in the District Court. ( b ) If the demand exceeds £2,500 but does not exceed £15,000 Such sum as would be appropriate to a proceeding for a like amount in the Circuit Court. ( c ) If the demand exceeds £15,000 £55.00 with £5.00 for each additional service after the first, and the costs of any order for issue and service, or service of the summons or notice in lieu thereof outside the jurisdiction, or for substituted or other service, or for the substitution of notice for service, or for declaring service effected sufficient, or for notice by advertisement of the issue of the summons, and this amount shall be exclusive of and in addition to all actual and necessary outlay. (3) The statement shall be in the form incorporated in the Form No. 2 in Appendix A, Part I. In any case within this rule the defendant may, notwithstanding payment, have the costs taxed, and if more than one-sixth of the amount paid shall be disallowed the amount disallowed shall be refunded and the plaintiff's solicitor shall pay the costs of taxation. 6. In any proceeding for the recovery of land the summons shall contain the description of the property sought to be recovered with reasonable certainty, and shall state the county and county district or the city or town and parish, in which the same is situated. No error or omission in respect of any of the matters aforesaid shall render such summons void or irregular but may be ground for an application to the Court for particulars of the property claimed. 7. In any proceeding for the recovery of land any tenant, under-tenant, or other person in actual possession of the property sought to be recovered, or any part thereof, may be named as defendant, and the summons shall be directed to such tenant, under-tenant, or other person, with the addition of the words "and all persons concerned." 8. In all actions to which the Land Law (Ireland) Act, 1896, section 12, applies, for the recovery of a holding agricultural or pastoral, or partly agricultural and partly pastoral, in its character, or of lands including such a holding, for non-payment of rent, the summons shall be specially indorsed with a statement of the plaintiff's claim. Such special indorsement shall state that:— ) there is no person in occupation as tenant otherwise than as immediate tenant to the plaintiff of the premises sought to be recovered or any part thereof, and the plaintiff claims to recover clear possession of the same premises, and to have the judgment in the action executed against all persons in occupation of the same; or ) there is or are a person or persons in occupation as tenant or tenants otherwise than as immediate tenant or tenants to the plaintiff of the premises sought to be recovered or some part thereof, setting out the name of every such person. 9. If the plaintiff sues or the defendant is sued in a representative capacity, the indorsement shall show in manner appearing in such of the forms in Appendix B, Part I, as shall be applicable to the case, or by any other statement to the like effect, in what capacity the plaintiff or defendant sues or is sued. 10. In probate actions the indorsement shall show whether the plaintiff claims as creditor, executor, administrator, residuary legatee, legatee, next-of-kin, heir-at-law, devisee, or in any and what other capacity. 11. In all cases in which the plaintiff, in the first instance, desires to have an account taken, the summons shall be indorsed with the claim that such account be taken. 12. In actions by a moneylender or an assignee or by the personal representative or personal representatives of a deceased moneylender for the recovery of money lent by a moneylender or any interest thereon or the enforcement of any agreement or security relating to any such money or interest, the indorsement on the summons shall state, in addition to any other particulars, the fact that the plaintiff is a licensed moneylender, or (in an action by an assignee or by the personal representative or personal representatives of a deceased moneylender) that the original assignor, or the testator or intestate, as the case may be, was at the time of the loan a licensed moneylender, and if the action be commenced by summary summons or special summons, shall also state, in addition to any other particulars— ) the date on which the loan was made; ) the amount actually lent to the borrower; ) the rate per cent. per annum of interest charged; ) the date when the contract for repayment was made; ) the fact that a note or memorandum of the contract was made, and was signed by the borrower; ) the date when a copy of the note or memorandum was delivered or sent to the borrower; ) the amount repaid; ) the amount due but unpaid; ) the date upon which such unpaid sum or sums became due; ) the amount of interest accrued due and unpaid on every such sum. 13. In actions to recover a debt or liquidated demand in money arising under a hire-purchase agreement or credit-sale agreement (as defined by the Hire-Purchase Act, 1946 ) or any contract of guarantee relating to such an agreement, the special indorsement of claim on a summary summons shall state, in addition to any other particulars, that the requirements specified in section 3 or section 4 (as the case may be) of the Hire-Purchase Act, 1946 , have been complied with. II. INDORSEMENT OF ADDRESS. 14. The solicitor of a plaintiff shall indorse upon the summons and notice in lieu of service of a summons, the address and occupation or description of the plaintiff and also his own name or that of his firm and the registered place of business where summonses, notices, pleadings, petitions, orders, warrants and other documents may be left for him. 15. A plaintiff suing in person shall indorse upon the summons and notice in lieu of service of a summons his occupation or description and an address for service within the jurisdiction, where summonses, notices, pleadings, petitions, orders, warrants and other documents may be left for him. 16. In all cases where proceedings are commenced otherwise than by summons, rules 14 and 15 shall apply to the document by which such proceedings originate as if it were a summons. ORDER 5. ISSUE OF SUMMONSES AND PETITIONS. 1. Save as otherwise provided in these Rules, every originating summons shall be issued out of the Central Office. 3. Save as hereinafter otherwise provided, no originating summons shall, at the time of issue, be assigned to any Judge. 4. Subject to the power of transfer, the following originating summonses shall, at the time of issue, be assigned to such Judge or Judges as the President of the High Court may from time to time assign to hear such originating summonses:— (1) Every special summons relating to any particular class of claim. (2) Every originating summons relating to any of the matters following:— ) the administration of the estates of deceased persons; ) the dissolution of partnership or the taking of partnership or other accounts; ) the redemption or foreclosure of mortgages; ) the raising of portions or other charges on land; ) the sale and distribution of the proceeds of property subject to any lien or charge; ) the execution of trusts, charitable or private; ) the rectification or setting aside or cancellation of deeds or other written instruments; ) the partition or sale of real estates, including chattels real; ) any other matters formerly within the exclusive jurisdiction of the former Court of Chancery or the former Chancery Division of the former Supreme Court of Judicature or any Judge or Judges thereof (other than (i) the wardship of infants and the care of infants' estates or (ii) matters formerly within the exclusive cognizance of the former Landed Estates Court). (3) Every originating summons relating to such other matter or matters as Rules of Court may from time to time specify. 5. In the case of any originating summons within rule 4, it shall be the duty of the officer issuing the summons to mark and assign the summons for the Judge assigned as mentioned in the said rule or (if more than one Judge has been so assigned) for the Judges so assigned in rotation. Any case of doubt or difficulty shall be determined by the Master and the assignment or non-assignment of any summons at the time of issue shall be without prejudice to the power of the Master to vary or alter such assignment or non-assignment. 6. Where an originating summons has been so assigned under rules 4 and 5 to a particular Judge or has (whether assigned or not) been heard by a particular Judge, every subsequent summons, notice of motion, or petition, relating to the same matter, or so connected therewith as to be conveniently dealt with by the same Judge, shall whenever practicable be marked by the proper officer with the name of such Judge, and the party or solicitor presenting such summons, notice of motion, or petition, shall, if there be to his knowledge such relation or connection, so certify. Such certificate shall be in the Form No. 5 in Appendix A, Part I; and such certificate shall be countersigned by the Registrar of the Judge to whom such originating summons had been assigned or by whom such originating summons had been heard as the case may be. 7. There shall be books in the Central Office to be called Cause Books in which all proceedings commenced by originating summons, issued out of the Central Office, shall be entered. Every summons shall be entered consecutively in order of issue and shall be distinguished by the date of the year and a number in consecutive order commencing on the first day of January in each year, with or without a distinguishing letter or other sign; and the said date and number, together with the distinguishing letter or sign (if any) shall constitute the record number of the proceeding. 8. Every originating summons shall bear date of the day of issue and shall be authenticated in the name of the Chief Justice, or if the office of Chief Justice be vacant, in the name of the President of the High Court and shall be sealed with the seal of the High Court. 9. Every originating summons shall be sealed and marked with the record number by the proper officer, and shall thereupon be deemed to be issued. No originating summons shall be served until the same shall have been so sealed and marked. 10. One duplicate or more of every originating summons shall be so sealed and marked on the application of the plaintiff or his solicitor. 12. The officer receiving the copy summons pursuant to rule 11 shall cause the same to be marked with the record number and to be filed and shall also cause an entry of the particulars thereof to be made in the appropriate Cause Book as hereinbefore provided. 13. The issue of a summons in probate proceedings shall be preceded by the filing of an affidavit made by the plaintiff or one of the plaintiffs in verification of the indorsement on the summons. On issuing the summons the plaintiff shall, if he has not already so done, lodge a caveat in the Probate Office entitled in the estate of the deceased person. 14. No summons for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of the Court. 15. Save as otherwise provided in these Rules, every petition to the Court shall be presented by leaving it with the proper officer at the Central Office. Subject thereto, the foregoing provisions of this Order shall apply to a petition in the same manner as they apply to an originating summons, and references in this Order to "originating summons" and "plaintiff" shall be construed as including references to "petition" and "petitioner" respectively. 16. At the foot of every petition presented to the Court, and of every copy thereof, a statement shall be made of the persons, if any, intended to be served therewith, and if no person is intended to be served a statement to that effect shall be made at the foot of the petition and of every copy thereof. 17. Unless the Court gives leave to the contrary there must be at least two clear days between the service and the day for hearing of a petition. ORDER 6. CONCURRENT SUMMONSES. 1. The plaintiff in any proceedings may, at the time of, or at any time during twelve months after the issuing of the originating summons, issue one or more concurrent summons or summonses, each concurrent summons to bear the same date of issue as the original summons, and to be marked with a seal bearing the word "concurrent" and the date of issue of the concurrent summons; and such seal shall be impressed upon the summons by the proper officer; provided always, that such concurrent summons or summonses shall only be in force for the period during which the original summons in such proceedings shall be in force. 2. A summons for service within the jurisdiction may be issued and marked as a concurrent summons with one for service, or of which notice in lieu of service is to be given, out of the jurisdiction; and a summons for service, or of which notice in lieu of service is to be given, out of the jurisdiction may be issued and marked as a concurrent summons with one for service within the jurisdiction. ORDER 7. SOLICITORS. 1. Every solicitor whose name shall be indorsed on any summons or other originating document shall, on demand in writing made by or on behalf of any defendant who has been served with the same or with notice thereof, or has appeared thereto, declare forthwith in writing whether such summons or other originating document has been issued by him or with his authority or privity; and if such solicitor shall declare that the summons or other originating document was not issued by him or with his authority or privity all proceedings upon the same shall be stayed, and no further proceedings shall be taken thereon without leave of the Court. 2. (1) A party suing or defending by a solicitor shall, save in any matrimonial cause or matter, be at liberty to change his solicitor or to discharge his solicitor and sue or defend in person, and any party suing or defending in person shall be at liberty to appoint a solicitor, in any cause or matter, without an order for that purpose, upon notice of such change, discharge, or appointment being filed in the Central Office, but until such notice is so filed and a copy thereof served as hereinafter provided, no such change, discharge, or appointment shall be deemed to have taken effect. (2) The party giving such notice shall serve a copy thereof upon every other party to the proceedings (not being a party in default as to entry of appearance). (3) Every such notice shall state a registered place of business or address for service as prescribed by Order 4. (4) The party giving any such notice may perform the duties prescribed by this rule either in person or (except where he intends to act in person) through his new solicitor. 3. (1) Where a solicitor who has acted for a party in any proceedings has died or become bankrupt or cannot be found or has failed to take out a practising certificate or has been struck off the roll of solicitors or has ceased to act for the party, and the party has not given notice of change of solicitor or notice of intention to act in person in accordance with the provisions of rule 2, any other party to the proceedings or (where the solicitor has ceased to act) the solicitor may, on notice to be served on the first-mentioned party, personally, or by letter addressed to his last-known place of residence, unless the Court otherwise directs, apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the proceedings, and the Court may make an order accordingly. (2) Where such order shall have been made the party or the solicitor who applied therefor shall forthwith give a notice to the same effect as the order, and the provisions of rule 2 as to filing and service shall apply thereto with the necessary modifications and subject to any direction in such order as to service on the first-mentioned party. (3) Where the party or solicitor who applied for such order shall have complied with the said provisions then, if the first-mentioned party does not appoint another solicitor or give such an address for service as is required of a party acting in person, and comply with the provisions of rule 2, any documents in respect of which personal service is not requisite may be served on the said party by being filed with the proper officer. (4) Where the said order is made on the application of a solicitor, such solicitor shall, subject to the provisions of rules 2 and 3 be considered the solicitor of the party to the final conclusion of the proceedings unless and until he has complied with the provisions of paragraph (2) of this rule. 4. An order under the provisions of rule 3 may be made on an ex parte application unless the Court shall otherwise direct. 5. Any order made under the provisions of rule 3 shall not affect the rights of the solicitor and the party as between themselves. ORDER 8. RENEWAL OF SUMMONS. 1. No original summons shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the Master for leave to renew the summons. After the expiration of twelve months, an application to extend time for leave to renew the summons shall be made to the Court. The Court or the Master, as the case may be, if satisfied that reasonable efforts have been made to serve such defendant, or for other good reason, may order that the original or concurrent summons be renewed for six months from the date of such renewal inclusive, and so from time to time during the currency of the renewed summons. The summons shall in such case be renewed by being stamped with the date of the day, month and year of such renewal; such stamp to be provided and kept for that purpose in the Central Office and to be impressed upon the summons by the proper officer, upon delivery to him by the plaintiff or his solicitor of a memorandum in the Form No. 4 in Appendix A, Part I; and a summons so renewed shall remain in force and be available to prevent the operation of any statute whereby a time for the commencement of the action may be limited and for all other purposes from the date of the issuing of the original summons. 2. In any case where a summons has been renewed on an ex parte application, any defendant shall be at liberty before entering an appearance to serve notice of motion to set aside such order. 3. The production of a summons purporting to be marked with a stamp showing the same to have been renewed in the matter aforesaid, shall be sufficient evidence of its having been so renewed and of the commencement of the action as of the first date of such renewed summons for all purposes. 4. Where a summons, of which the production is necessary, has been destroyed or lost, the Court upon being satisfied of the destruction or loss, and of the correctness of a copy thereof, may order that such copy shall be sealed and served in lieu of the original summons. ORDER 9. SERVICE OF SUMMONS. Mode of service. 1. No service of a summons shall be required when the defendant, by his solicitor, accepts service, and undertakes in writing to enter an appearance. 2. Service of any summons on the defendant shall, except in the cases in the following rules of this Order specified, be effected by personal service if it be reasonably practicable. Where it shall appear by affidavit that such defendant is personally within the jurisdiction and that due and reasonable diligence has been exercised in endeavouring to effect such personal service, service of such summons may be effected by delivering a copy thereof at the defendant's house or place of residence, or at his or her office, warehouse, counting house, shop, factory, or place of business, to the wife, husband, child, father, mother, brother, or sister of the defendant, or to any servant or clerk of the defendant (the person to whom such copy shall be delivered being of the age of sixteen years or upwards) and showing to such person the original or duplicate original of such summons. 3. Personal service shall be effected by delivering a copy of the summons to the defendant in person, and showing him the original or duplicate original. On particular defendants. 4. When husband and wife are both defendants in any proceedings, they shall both be served unless the Court shall otherwise order. 5. When an infant is defendant in any proceedings service on his father or mother or guardian, or, if none, then upon the person with whom the infant resides or under whose care he is, shall, unless the Court otherwise orders, be deemed good service on the infant; provided that the Court may order that service made or to be made on the infant shall be deemed good service. 6. When a lunatic or person of unsound mind not so found by inquisition is a defendant in any proceedings, service on the committee of the lunatic, or on the person with whom the person of unsound mind resides or under whose care he is, shall, unless the Court otherwise orders, be deemed good service on such defendant. 7. In the absence of any statutory provision regulating service, every summons issued against a corporation aggregate may be served on the mayor or other head officer, or on the town clerk, clerk, treasurer, or secretary of such corporation; and every summons issued against the inhabitants of a county district or other like district may be served on any officer of the Gárda Síochána not below the rank of superintendent stationed in the county in which such district is situate and every summons issued against the inhabitants of any county or any city or town, or the inhabitants of any franchise, liberty, city, town, or place not being part of the county district or other like district on some peace officer thereof: provided always that in all such cases a sufficient notice of the issuing of the summons shall be given in Iris Oifigiúil and in one of the local newspapers of the county, city, or district in which the defendant or defendants or the officer or other person to be served shall reside, the times for appearing to run in such cases from the day of the publication of such notice in Iris Oifigiúil or such newspaper, whichever shall be the latest;

and where, by any statute, provision is made for service of any proceedings upon any corporation, or upon any society or fellowship, or any body or number of persons, whether corporate or incorporate, every summons may be served in the manner so provided. In particular actions. 8. In an action brought for recovery of land for non-payment of rent or for overholding, it shall not be necessary to serve the summons upon any person other than the person or persons in the actual possession of the land or any part thereof, as tenant or under-tenant. 9. In other actions for the recovery of land, it shall be necessary to serve every person in actual possession, or in receipt of the rents and profits, of the lands or any part thereof, unless the Court shall otherwise direct. 10. In actions for the recovery of land service of a summons may be effected either by personal service on the person to be served at any place within the jurisdiction or by delivering a copy of such summons to the wife, husband, child, father, mother, brother, or sister, of such person, at her house, or office, or place of business (the person with whom such copy shall be left being of the age of sixteen years or upwards), and showing to such person the original or duplicate original of such summons, and such service as last aforesaid may be effected whether the person to be served is within the jurisdiction or not. 11. Service of a summons in an action to recover land may, in the case of vacant possession, when it cannot otherwise be effected, be made by posting a copy of the summons upon the door of the dwellinghouse or other conspicuous part of the property; provided, however, that in such case before any judgment by default shall be given, the Court shall be satisfied that there was no person in actual possession or in receipt of the rents and profits on whom other service might have been effected. 12. The person serving a summons shall, within three days at most after service, indorse on the summons the day and date of the service thereof; and every affidavit of service of such summons shall mention the date on which such indorsement was made. 13. Every affidavit of service of a summons in actions for the recovery of land for non-payment of rent, or for overholding, shall state that the deponent does not know of any person, other than those who have been served, who is in actual possession of the land sought to be recovered or any part thereof, as tenant or under-tenant. 14. Every affidavit of service of a summons in other actions for recovery of land, shall state that the deponent does not know of and does not believe that there is any person, other than those who have been served, in the actual possession or in receipt of the rents and profits of the land sought to be recovered, or any part thereof, and the said statement shall be verified by the affidavit of the plaintiff or of one of the plaintiffs, or of the solicitor for the plaintiff. 15. In any case the Court may, upon just grounds, declare the service actually effected sufficient. 16. This Order, so far as practicable, shall apply to the originating document in proceedings not commenced by summons and to notice in lieu of service. ORDER 10. SUBSTITUTED SERVICE. 1. If it be made to appear to the Court that the plaintiff is from any cause unable to effect prompt personal service, or such other service as is prescribed by these Rules, the Court may make an order for substituted or other service, or for the substitution for service of notice by advertisement or otherwise. 2. Every application to the Court for an order for substituted or other service, or for the substitution for service of notice, shall be supported by an affidavit setting forth the grounds upon which the application is made. 3. Whenever any such order shall be made a copy thereof shall be served along with the summons or the notice as the case may be. ORDER 11. SERVICE OUT OF THE JURISDICTION. 1. Service out of the jurisdiction of an originating summons or notice of an originating summons may be allowed by the Court whenever— ) the whole subject matter of the action is land situate within the jurisdiction (with or without rents or profits), or the perpetuation of testimony relating to land within the jurisdiction; or ) any act, deed, will, contract, obligation, or liability affecting land or hereditaments situate within the jurisdiction, is sought to be construed, rectified, set aside, or enforced in the action, or ) any relief is sought against any person domiciled or ordinarily resident within the jurisdiction; or ) the action is for the administration of the personal estate of any deceased person, who, at the time of his death, was domiciled within the jurisdiction, or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument, of which the person to be served is a trustee, which ought to be executed according to the law of Ireland; or ) the action is one brought to enforce, rescind, dissolve, annul, or otherwise affect a contract, or to recover damages or other relief for or in respect of the breach of a contract— (i) made within the jurisdiction; or (ii) made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction; or (iii) by its terms or by implication to be governed by Irish Law, or is one brought in respect of a breach committed within the jurisdiction of a contract wherever made, even though such breach was preceded or accompanied by a breach out of the jurisdiction which rendered impossible the performance of the part of the contract which ought to have been performed within the jurisdiction; or ) the action is founded on a tort committed within the jurisdiction; or ) any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; or ) any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction; or ) the proceeding relates to an infant or person of unsound mind domiciled in, or a citizen of Ireland; or ) the proceeding is an interpleader proceeding relating to property within the jurisdiction; or ) the proceeding relates to an arbitration held or to be held within the jurisdiction; or ) the proceeding relates to the enforcement of an award under Part III of the Arbitration Act, 1980 or of the pecuniary obligations imposed by an award under Part IV of the Arbitration Act, 1980 ; or ) the proceeding is by a mortgagee or mortgagor in relation to a mortgage of personal property situate within the jurisdiction and seeks relief of the nature or kind following, that is to say sale, delivery of possession by the mortgagor, redemption, reconveyance, delivery of possession by the mortgagee; but does not seek (unless and except so far as permissible under sub-head ( ) of this rule) any personal judgment or order for payment of any moneys due under the mortgage. (In this sub-head the expression "personal property situate within the jurisdiction" means personal property which, on the death of an owner thereof intestate, would form the subject matter for the grant of letters of administration to his estate out of the Probate Office; the expression "mortgage" means a mortgage charge or lien of any description; the expression "mortgagee" means a party for the time being entitled to or interested in a mortgage; and the expression "mortgagor" means a party for the time being entitled to or interested in property subject to a mortgage); or ) the proceeding relates to a ship registered or required to be registered under the Mercantile Marine Act, 1955 ) the proceeding relates to the ownership of a trade mark registered or sought to be registered in the Industrial and Commercial Property Registration Office. 2. Where leave is asked from the Court to serve a summons or notice thereof under rule 1, the Court to whom such application shall be made shall have regard to the amount or value of the claim or property affected and to the comparative cost and convenience of proceedings in Ireland, or in the place of the defendant's residence, and particularly in cases of small demands where the defendant is resident in England, Scotland, or Northern Ireland, to the powers and jurisdiction, under the statutes establishing or regulating them, or of the courts of limited or local jurisdiction in England, Scotland or Northern Ireland respectively. 3. (1) The parties to any contract may agree— ) that the Court shall have jurisdiction to entertain any proceeding in respect of such contract, and also, or in the alternative; ) that service of any summons in any such proceeding may be effected at any place within or out of the jurisdiction on any party or on any person on behalf of any party or in any manner specified or indicated in such contract. (2) In any such case, notwithstanding anything contained in these Rules, service of any such summons at the place (if any) or on the party or on the person (if any) or in the manner (if any) specified or indicated in the contract shall be deemed to be good and effective service wherever the parties are resident. If no place, or mode, or person be so specified or indicated, service out of the jurisdiction of such summons may be ordered. 4. In probate actions service out of the jurisdiction of a summons or notice of a summons may be allowed by the Court. 5. Every application for leave to serve a summons or notice of a summons on a defendant out of the jurisdiction shall be supported by affidavit, or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a citizen of Ireland or not, and where leave is asked to serve a summons or notice thereof under rule 1 stating the particulars necessary for enabling the Court to exercise a due discretion in the manner in rule 2 specified; and no leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order. 7. Any order giving leave to effect service or give notice out of the jurisdiction shall limit a time after such service or notice, within which the person to be served is to enter an appearance, such time to depend on the place or country where or within which the summons is to be served, or the notice given, and such leave may be given by the same order by which leave is given to issue the summons for service out of the jurisdiction or of which notice is to be given out of the jurisdiction. 8. Where the defendant is not, or is not not known or believed to be, a citizen of Ireland, notice of the summons, and not the summons itself, shall be served upon him. 9. Subject to the provisions of this Order, notice in lieu of service shall be given in the manner in which summonses are served. 10. Whenever an order shall be made giving leave to serve a summons or notice thereof on a defendant out of the jurisdiction, a copy of such order shall be served along with the summons or notice as the case may be. 11. This Order shall apply, so far as practicable and applicable, to proceedings whether instituted by originating summons or in some other manner, and to any order or notice in any such proceedings. Where the person to be served is not a citizen of Ireland, a copy of the originating document (other than an originating summons) or of the order or notice shall be served instead of the original, together with an intimation in writing that (as the case may be) a proceeding or process in the form of the copy has been issued or otherwise launched or an order in the terms of the copy made. 12. Nothing herein contained shall in any way prejudice or affect any practice or power of the Court under which when lands, funds, choses in action, rights or property within the jurisdiction are sought to be dealt with or affected, the Court may, without affecting to exercise jurisdiction over any person out of the jurisdiction, cause such person to be informed of the nature or existence of the proceedings with a view to such person having an opportunity of claiming, opposing or otherwise intervening. ORDER 12. APPEARANCE. 1. Appearances shall be entered in the Central Office, Four Courts, Dublin, except in the case of lunacy and minor matters, when the appearance shall be entered in the Office of Wards of Court, Four Courts, Dublin or except as otherwise provided in these Rules. 2. (1) An appearance to any plenary summons, or summary summons shall be entered within eight days after the service of the summons, exclusive of the day of service, unless the Court shall otherwise order. (2) A defendant in proceedings commenced by special summons may enter an appearance thereto at any time, but shall not, without the leave of the Court, be entitled to be heard in such proceedings unless he has entered an appearance. 3. A defendant shall enter his appearance to an originating summons by delivering to the proper officer a memorandum in writing dated on the day of its delivery and containing the name of the defendant's solicitor, or stating that the defendant defends in person. He shall at the same time deliver to the officer a duplicate of the memorandum which the officer shall mark with an official stamp, showing the date on which the appearance is entered and then return it to the person entering the appearance, and the duplicate memorandum so marked shall be a certificate that the appearance was entered on the day indicated by the official stamp. 4. In the case of a defendant desiring to enter an appearance in person, he may in lieu of delivering to the proper officer the memorandum of appearance and the duplicate thereof, enter the appearance through the post by sending to the proper officer by pre-paid registered letter:— ) a memorandum of appearance and two duplicates thereof both duly filled up; ) a postal order for the prescribed fee payable on entering an appearance; ) two envelopes each sufficiently stamped, one addressed to the plaintiff's solicitor (or to the plaintiff if he sues in person) at the address for service, and the other addressed to the defendant entering the appearance. On receipt of the foregoing the proper officer shall forthwith enter the appearance as of the date when he received the memorandum, and shall mark the duplicates with the official stamp showing the date on which the appearance is entered, and shall post one duplicate to the plaintiff or his solicitor and the other duplicate to the defendant. 5. (1) A defendant shall, on the day he enters an appearance to an originating summons, give notice of his appearance to the plaintiff's solicitor, or, if the plaintiff sues in person, to the plaintiff himself by serving the marked duplicate memorandum. This may be served in the ordinary way at the address for service, or by pre-paid letter directed to that address, and posted on the day of entering appearance in due course of post. In the case of a plenary summons, the memorandum shall include a notice stating whether the defendant requires a statement of claim or not. (2) This rule shall not apply to a defendant entering an appearance through the post under rule 4, save in so far as therein provided. 6. The solicitor of a defendant shall state in the memorandum of appearance his registered place of business. 7. A defendant appearing in person shall state in the memorandum of appearance an address for service within the jurisdiction where summonses, notices, pleadings, petitions, orders, warrants, and other documents may be left for him. 8. If the memorandum does not contain such address as is prescribed by this Order it shall not be received; and if any such address shall be illusory or fictitious, the appearance may be set aside by the Court or the Master on the application of the plaintiff. 9. The memorandum of appearance shall be in the Form No. 1 in Appendix A, Part II. 10. Upon receipt of a memorandum of appearance entered by any party or person pursuant to the provisions of this Order, the proper officer shall forthwith enter the appearance in the appropriate Cause Book. 11. If two or more defendants in the same action shall appear by the same solicitor and at the same time, the names of all the defendants so appearing shall be inserted in one memorandum. 12. A solicitor not entering an appearance in pursuance of his written undertaking so to do shall be liable to an attachment. 13. A defendant, save in actions for the recovery of land, may appear at any time before judgment. If he appear at any time after the time limited for appearance, he shall not, unless the Court shall otherwise order, be entitled to any further time for delivering his defence or for any other purpose than if he had appeared within the time limited for appearance. 14. In probate actions any person not named in the summons may intervene and appear in the action on filing an affidavit in the Central Office showing how he is interested in the estate of the deceased. 15. No person served with a summons in a proceeding for the recovery of land shall be permitted to appear after the time allowed for appearance without leave of the Court. 16. Any person served with a summons for the recovery of land although not named as a defendant therein, shall be at liberty to defend the proceeding and to enter an appearance according to the foregoing rules of this Order, entitled in the proceeding against the party named in the summons as defendant, and shall forthwith give notice of such appearance to the plaintiff's solicitor or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the proceeding. 17. An appearance entered without leave in a proceeding for the recovery of land after the time allowed for appearance has expired shall be void. 18. Any person not named as a defendant in a summons for the recovery of land and not served therewith may by leave of the Court appear and defend, on filing an affidavit showing that he is in possession of the land either by himself or by his tenant. 19. Any person appearing to defend a proceeding for the recovery of land as a landlord, in respect of property whereof he is in possession only by his tenant, shall state in his appearance that he appears as landlord. 20. Where a person not named as defendant in any summons for the recovery of land, and not served therewith has obtained leave of the Court to appear and defend, he shall enter an appearance according to the foregoing rules of this Order, entitled in the proceeding against the party named in the summons as defendant, and shall forthwith give notice of such appearance to the plaintiff's solicitor, or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the proceeding. 22. Where any person entering an appearance in an action for the recovery of a holding or of lands including a holding, agricultural or pastoral, or partly agricultural and partly pastoral, in its character, for non-payment of rent, is in occupation of such holding as sub-tenant thereof, and merely claims to be entitled under the Land Law (Ireland) Act, 1896 (59 & 60 Vic., c. 47) section 12, notwithstanding judgment for the plaintiff in the action to retain possession of such holding as immediate tenant to the plaintiff, and not to have such judgment executed against him, he shall be at liberty to limit his memorandum of appearance accordingly. The memorandum shall state whether such person so defends in respect of all the premises sought to be recovered or part only thereof, and shall in the latter case describe such part with reasonable certainty. It shall also state full particulars of his sub-tenancy, including the rent payable in respect thereof, the gale days, and the amount then due for arrears of such rent up to the last gale day, and the name of his immediate landlord. An appearance where the memorandum is not limited as above-mentioned, or where it does not contain the statements prescribed by this rule, shall be deemed to be an appearance to defend generally, and in respect of all the premises sought to be recovered. 23. Where an appearance is limited in accordance with rule 22 the plaintiff shall be at liberty by notice to confess the right, under the Land Law (Ireland) Act, 1896, section 12 of the person so limiting his appearance, notwithstanding judgment for the plaintiff in the action, to retain possession as immediate tenant to the plaintiff of the holding described in his memorandum of appearance. Such notice shall be served and filed in the Central Office within twenty-one days after appearance. The person whose right is so confessed shall, where the special indorsement on the summons does not deny such right, abide his own costs of appearance, unless the Court shall otherwise direct. 24. Save as in rule 22 mentioned, a defence to a summons for the recovery of land for non-payment of rent shall be a defence for all the lands and premises claimed by the indorsement thereon; and in case a defendant shall desire to take defence for part only of the lands and premises, upon the ground that such part is not included in the tenancy sought to be evicted, he shall make a special application to the Court for that purpose. Applications under this rule shall be made on notice grounded on affidavit, and may be made before appearance or within four days after appearance. 25. A party who has obtained an order under rule 24 shall describe the part of the lands to which the defence is limited either in the appearance or in a notice as prescribed in rule 21. 26. A defendant before appearing shall be at liberty to serve notice of motion to set aside the service upon him of the summons or of notice of the summons, or to discharge the order authorising such service. 27. In probate actions the plaintiff and defendant, within eight days of the entry of appearance on the part of the defendant, are respectively to file their affidavits as to scripts in the Central Office, whether they have or have not any script in their possession. Such affidavit shall be in the Form No. 22 in Appendix C. 28. Every script which has at any time been made, by or under the direction of the testator, whether will, codicil, draft of a will or codicil, or written instructions for the same, of which the deponent has any knowledge, information, or belief, is to be specified in his affidavit of scripts, and every script in the custody or under the control of the party making the affidavit is to be annexed thereto, and deposited therewith in the Central Office. 29. No party to the proceeding, nor his solicitor, shall be at liberty, except by leave of the Court, to inspect the affidavit as to scripts, or the scripts annexed thereto, filed by any party to the cause, until his own affidavit as to scripts shall have been filed. ORDER 13. DEFAULT OF APPEARANCE. 1. Where no appearance has been entered to a summons for a defendant who is an infant or a person of unsound mind not so found by inquisition, the plaintiff shall, before taking any further step in the proceeding against the defendant, apply to the Master for an order that some proper person be assigned guardian of such defendant by whom he may appear and defend the proceeding. But no such order shall be made unless it appears on the hearing of such application that the summons was duly served, and that notice of such application was, after the expiration of the time allowed for appearance, and at least six clear days before the day in such notice named for hearing the application, served upon or left at the dwellinghouse of the person with whom or under whose care such defendant was at the time of serving such summons and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwellinghouse of the father or guardian, if any, of such infant, unless the Master at the time of hearing such application shall dispense with such last mentioned service. 2. Where any defendant fails to appear to a summons, and the plaintiff is desirous of proceeding upon default of appearance under any of the following rules of this Order or Order 37, rule 12, he shall, before taking such proceeding upon default, file an affidavit of service of the summons or notice in lieu of service, as the case may be. 3. Where an originating summons (whether plenary or summary) is indorsed with a claim for a liquidated demand, and the defendant fails, or all the defendants, if more than one, fail to appear thereto, the plaintiff may enter final judgment in the Central Office for such sum as is mentioned in the affidavit required by rule 18 not exceeding the sum indorsed on the summons, together with interest (if any) to the date of the judgment and costs. Provided that in proceedings by a money-lender, or the personal representative or representatives of a money-lender, or an assignee, for the recovery of money lent by the money-lender, or the enforcement of any agreement or security relating to any such money, judgment shall not be entered in default of appearance unless the leave of the Master or the Court as the case may be, has been obtained in accordance with the provisions of rule 14. Provided also that in actions to recover a debt or liquidated demand arising under a hire-purchase agreement or credit-sale agreement (as defined by the Hire-Purchase Act, 1946 ) or any contract of guarantee relating to such an agreement, judgment shall not be entered in default of appearance unless the leave of the Master or the Court, as the case may be, has been obtained in accordance with the provisions of rule 15. 6. In case of default of appearance by any defendant (other than such defendant as is in rule 1 mentioned) to a plenary summons, the plaintiff shall, except in the case of a claim otherwise provided for in any of the preceding rules of this Order, deliver a statement of claim by filing the same in the Central Office and thereupon may apply to the Court for judgment in the proceeding in default of appearance, and (if necessary) ascertainment of any damages to which the plaintiff may be entitled, with a jury in case any party is entitled to a jury and requires such, but otherwise without a jury, and in the latter case the Court may fix the amount of such damages itself on evidence by affidavit or otherwise, or may refer the matter to the Master to determine. 7. Where a summons is indorsed with a claim for the delivery of specific goods, either alone or with any other claim, and the defendant fails to appear, the plaintiff may, if he require the specific delivery of such goods, apply to the Court for an order for judgment for the return of the goods detained without giving the defendant the option of retaining such goods upon paying the value thereof and for the ascertainment, in such manner as the Court may direct, of the goods in respect of the non-delivery of which the plaintiff is entitled to recover and which remain undelivered, and, upon the same being so ascertained an order of delivery may issue for the same. 8. Where an originating summons (whether plenary or summary) is indorsed with a claim for a liquidated demand and there are several defendants, of whom one or more appear, to the summons, and another or others of them fail to appear, the plaintiff may enter final judgment as in rule 3 mentioned against such as have not appeared, and may issue execution upon such judgment, without prejudice to his right to proceed against such of the defendants as have appeared. 9. Where there are several defendants to such a plenary summons as is mentioned in rule 6 and one or more of such defendants appear to such summons, and another or others of them fail to appear, the plaintiff may proceed under the said rule against the defendant or defendants so failing to appear and the application for judgment thereunder shall be heard and the damages (if any) to which the plaintiff may be entitled ascertained, as against such defendant or defendants, at the same time as the trial of the proceeding or issue therein against the other defendant or defendants, unless the Court shall otherwise direct. 10. Where a plenary summons is indorsed with a claim for a liquidated demand together with another claim or other claims and any defendant fails to appear thereto, the plaintiff may enter final judgment for the liquidated demand, together with interest (if any) and costs as provided in the preceding rules of this Order, against the defendant or defendants failing to appear and may proceed, as to the other claim or claims, as provided in such of the said rules as may be applicable. 11. Where final judgment is entered pursuant to any of the preceding rules of this Order, it shall be lawful for the Court to set aside or vary such judgment upon such terms as may be just. 12. Where an originating summons is indorsed with a claim on any bond, covenant, or agreement within the Common Law Procedure Amendment Act (Ireland), 1853, section 145, and the defendant fails to appear thereto, no statement of claim shall be delivered and the plaintiff may, without any suggestion of breaches, apply by motion to the Court for leave to enter judgment for such sum as may seem just, and on such application the Court may order judgment to be entered accordingly or may direct such inquiry, or trial of issues, as may appear to be necessary for the ascertainment of the plaintiff's demand, and if the sum ascertained to be due does not amount to the sum mentioned in such bond, covenant, or agreement, the plaintiff, his executors or administrators, may in the event of any subsequent breach, from time to time, apply to the Court, and the Court may thereupon so far as the sum mentioned in such bond, covenant, or agreement, or the remainder thereof, will reach, make such further order or direct such further inquiry or trial to the effect aforesaid, as may be just. 13. In any case in which the plaintiff is not entitled to enter final judgment in the Central Office under any of the preceding rules of this Order, and in which the defendant fails, or all the defendants if more than one, fail to appear, but in which, by reason of payment, satisfaction, abatement of nuisance, or for any other reason, it is unnecessary for the plaintiff to proceed, he may by leave of the Master, to be obtained by motion on notice, enter judgment for costs. Provided that such notice shall be filed and shall be served in the manner in which service of the summons has been effected, or in such other manner as the Master may direct. 14. (1) In proceedings brought by a moneylender or the personal representative or representatives of a moneylender or an assignee for the recovery of money lent by the moneylender or the enforcement of any agreement or security relating to any such money, an application for leave to enter judgment in default of appearance shall be made by notice returnable before the Master not less than four clear days after service of the notice. (2) Such notice shall not be issued until the time limited for entering an appearance has expired and a proper affidavit of service of the summons has been filed. The notice may be served personally or by registered post, addressed to the defendant at his last known place of address. (3) At the hearing of the application, whether the defendant appears or not, the Master or the Court, as the case may be— ) may exercise the powers of the Court under the Moneylenders Act, 1900 section 1 (1), as amended by the Moneylenders Act, 1933, section 17, and ) if satisfied by affidavit or otherwise that the notice has been duly served, may give leave to enter final judgment for the whole or part of the claim, and ) as regards any part of the claim as to which leave to enter final judgment is refused, may give any such directions or make any such order as might have been given or made upon the hearing of the summons or of a motion for judgment, as the case might be, if the defendant had entered an appearance, upon such terms as to notice to the defendant and otherwise as may be thought just. 15. In actions to recover a debt or liquidated demand arising under a hire-purchase agreement or credit-sale agreement or any contract of guarantee relating to such an agreement, an application for leave to enter judgment in default of appearance shall be made in the same manner as is prescribed in paragraphs (1) and (2) of rule 14, and judgment shall not be entered until an affidavit shall have been filed stating that the requirements specified in section 3 or section 4 (as the case may be) of the Hire Purchase Act, 1946 , as amended by sections 21 and 22 of the Hire Purchase Act, 1960, have been complied with. 16. In any case coming before him under any of the preceding rules of this Order, the Master may, in lieu of giving or refusing leave to enter judgment, place the summons in the Court list for hearing. 17. In all proceedings not by the rules of this Order otherwise specially provided for, in case the party served with the summons does not appear within the time limited for appearance, upon the filing by the plaintiff of a proper affidavit of service and, where appropriate, of a statement of claim, the proceeding may proceed as if such party had appeared, subject, as to actions where an account is claimed, to the provisions of Order 37. 18. Before judgment by default shall be entered for any liquidated demand under this Order an affidavit shall be filed specifying the sum then actually due. 19. If, in any case in which a plaintiff is entitled to enter final judgment in the Central Office under any of the preceding rules of this Order, the plaintiff claims interest on the whole or any part of the sum of money for which he is entitled to enter such judgment between the date on which the cause of action accrued and the date of judgment under section 22 of the Courts Act, 1981 ORDER 14. ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN. 1. Any two or more persons claiming or being liable as co-partners and carrying on business within the jurisdiction, may sue or be sued in the name of the respective firms, if any, of which such persons were co-partners at the time of the accruing of the cause of action; and any party to an action may in such case apply to the Court for a statement of the names of the persons who were, at the time of the accruing of the cause of action, co-partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the Court may direct. 2. When plaintiffs sue in the name of their firm, they or their solicitor shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the action is brought. If the plaintiffs or their solicitor shall fail to comply with such demand, all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as the Court may direct. When the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as the plaintiffs in the summons; but all proceedings shall nevertheless continue in the name of the firm. 3. Where persons are sued as partners in the name of their firm under rule 1 the summons shall be served either upon any one or more of the partners or at the principal place within the jurisdiction, of the business of the partnership, upon any person having at the time of service control or management of the partnership business there; and, subject to these Rules, such service shall be deemed good service upon the firm so sued, whether any of the members thereof are out of the jurisdiction or not, and no leave to issue a summons against them shall be necessary: provided that in the case of a co-partnership which has been dissolved to the knowledge of the plaintiff before the commencement of the action, the summons shall be served upon every person within the jurisdiction sought to be made liable. 4. Where a summons is issued against a firm, and is served as directed by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service whether he is served as a partner or as a person having the control or management of the partnership, business, or in both characters. In default of such notice, the person served shall be deemed to be served as a partner. 5. Where persons are sued as partners in the name of their firm, they shall appear individually in their own name, but all subsequent proceedings shall, nevertheless, continue in the name of the firm. 6. Where a summons is served under rule 3 upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a member of the firm sued. 7. (1) Any person served as a partner under rule 3, but who denies that he was a partner or liable as such at any material time may enter an appearance stating therein that he does so as "a person served as a partner in the defendant firm but who denies that he was a partner at any material time." Such appearance, so long as it stands, shall be treated as an appearance for the firm. (2) If an appearance is so entered— ) the plaintiff may apply to set it aside on the ground that the person entering it was a partner or liable as such, or may leave that question to be determined at a later stage of the proceedings; or ) the person entering the appearance may apply to set aside the service on him on the ground that he was not a partner or liable as such, or he may, at the proper time, deliver a defence denying either or both his liability as a partner and the liability of the defendant firm in respect of the plaintiff's claim. (3) On the application of either party, an order may at any time be made that either or both of the questions as to the liability of the person served and the liability of the defendant firm may be tried in such manner and at such time as the Court may think fit. 8. (1) Where a judgment or order is against a firm, execution may issue against— ) any property of the partnership within the jurisdiction; ) any person who has appeared in his own name under rules 5 or 6 or who has admitted on the pleadings that he is, or who has been adjudged to be, a partner; ) any person who has been individually served, as a partner, with the summons and has failed to appear. (2) If the party who has obtained judgment or an order claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court for leave to do so; and the Court may give such leave if the liability be not disputed, or if such liability be disputed may order that the liability of such person be tried and determined in any manner in which any issue or question in an action may be tried and determined. Except as against any property of the partnership, a judgment against a firm shall not render liable, release, or otherwise affect any member thereof who was out of the jurisdiction when the summons was issued, and who has not appeared to the summons unless he has been made a party to the action under Order 11 or has been served within the jurisdiction after the summons in the action was issued. 9. Debts owing from a firm carrying on business within the jurisdiction may be attached under Order 45 although one or more members of such firm may be resident abroad; provided that a person having the control or management of the partnership business, or a member of the firm within the jurisdiction, is served with the garnishee order. An appearance by any member pursuant to an order shall be a sufficient appearance by the firm. 10. The preceding rules of this Order shall apply to actions between a firm and one or more of its members, and to actions between firms having one or more members in common, provided such firm or firms carry on business within the jurisdiction; but no execution shall be issued in such actions without leave of the Court, and, on an application for leave to issue such execution, all such accounts and inquiries maybe directed to be taken and made and all such directions given as may be just. 11. Any person carrying on business within the jurisdiction in a name or style other than his own name, may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all rules relating to proceedings against firms shall apply. ORDER 15. PARTIES. 1. (1) All persons may be joined in one action as plaintiffs in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where, if such persons brought separate actions, any common question of law or fact would arise; provided that if, upon the application of any defendant, it shall appear that such joinder may embarrass or delay the trial of the proceeding, the Court may order separate trials or make such order as may be expedient. (2) In a case under this rule judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment but the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person who shall not be found entitled to relief, unless the Court shall otherwise direct. 2. Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the Court may, if satisfied that it has been so commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as may be just. 3. Where in an action any person has been improperly or unnecessarily joined as a co-plaintiff, and a defendant has set up a counter-claim or set-off, he may obtain the benefit thereof by establishing his counterclaim or set-off as against the parties other than the co-plaintiff so joined, notwithstanding the misjoinder of such plaintiff or any proceeding consequent thereon. 4. All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. Judgment may be given against such one or more of such defendants as may be found to be liable, according to their respective liabilities, without any amendment. 5. It shall not be necessary that every defendant shall be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him; but the Court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest. 6. The plaintiff may, at his option, join as parties to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes. 7. Where the plaintiff is in doubt as to the person from whom he is entitled to redress he may join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties. 8. Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the Court may, at any stage of the proceedings, order any of such persons to be made parties either in addition to or in lieu of the previously existing parties. This rule shall apply to trustees, executors and administrators sued in proceedings to enforce a security by sale or otherwise. 9. Where there are numerous persons having the same interest in one cause or matter, one or more of such persons may sue or be sued, or may be authorised by the Court to defend, in such cause or matter, on behalf, or for the benefit, of all persons so interested. 11. Any person proceeding to prove a will in solemn form, or to revoke the probate of a will, may, if the will affects real estate, apply to the Court for an order authorising him to cite or make the heir or heirs-at-law, or other person or persons having or pretending interest in such real estate, a party or parties to the action, and the Court, on being satisfied by affidavit that the will in question does affect or purport to affect the real estate, may make an order authorising the person applying to cite the heir or heirs-at-law or such person or persons as aforesaid; provided always that the Court may give any special directions which it may think the justice of the case requires. 13. No cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it. The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added. No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his own consent in writing thereto. Every party whose name is so added as defendant shall be served with a summons or notice in manner hereinafter mentioned, or in such other manner as the Court may direct, and the proceeding as against such party shall be deemed to have begun only on the making of the order adding such party. 14. Any application to add or strike out or substitute a plaintiff or defendant may be made to the Court at any time before trial by motion or at the trial of the action in a summary manner. 15. Where a defendant is added or substituted the plaintiff shall, unless otherwise ordered by the Court, file an amended copy of and take out a summons and serve such new defendant with such summons or notice in lieu thereof in the same manner as original defendants are served. If a statement of claim has been delivered previously to such defendant being added, the same shall, unless otherwise ordered by the Court, be amended in such manner as the addition or substitution of such new defendant shall render necessary or desirable, and a copy of such amended statement of claim shall be delivered to such new defendant at the time when he is served with the summons or notice or afterwards within four days after his appearance. Person under disability. 16.

An infant may sue as plaintiff by his next friend in the manner heretofore in use, and may, in like manner, defend by his guardian appointed for that purpose. On the infant's attaining full age, the next friend or guardian may apply on affidavit to the Registrar in the Central Office for a certificate that the plaintiff or defendant lately an infant may proceed or defend in his own name. 17. A person of unsound mind may sue as plaintiff by his committee or next friend, and may defend by his committee or guardian appointed for that purpose. 18. An infant shall not enter an appearance except by his guardian ad litem . No order for the appointment of such guardian shall be necessary, but the solicitor applying to enter such appearance shall make and file an affidavit in the Form No. 4 in Appendix A, Part II. 19. Every infant served with a petition or notice of motion or other document in a matter, shall appear on the hearing thereof by a guardian ad litem , in all cases in which the appointment of a special guardian is not provided for. No order for the appointment of such guardian shall be necessary, but the solicitor by whom he appears shall previously make and file an affidavit as in rule 18 mentioned. 20. Before the name of any person shall be used in any cause or matter as next friend of any infant or other party, or as relator, such person shall sign a written authority to the solicitor for that purpose, and the authority shall be filed in the proper office. 21. In all causes or matters to which any infant or person of unsound mind, whether so found by inquisition or not, or person under any other disability, is a party, any consent as to the mode of taking evidence or as to any other procedure shall, if given with the consent of the Court by the next friend, guardian, committee or other person acting on behalf of the person under disability, have the same force and effect as if such party were under no disability and had given such consent. Provided that no such consent by the committee of any person of unsound mind shall be valid as between him and such person, unless given with the sanction of the President of the High Court. Administration and execution of trusts. 22. (1) In any case in which the right of an heir-at-law, or the next-of-kin, or a class, shall depend upon the construction which the Court may put upon an instrument and it shall not be known or shall be difficult to ascertain who is or are such heir-at-law or next-of-kin or class, and the Court shall consider that in order to save expense or for some other reason it will be convenient to have the questions of construction determined before such heir-at-law, next-of-kin or class shall have been ascertained by means of inquiry or otherwise, the Court may appoint some one or more persons to represent such heir-at-law, next-of-kin or class, and the judgment of the Court in the presence of such persons shall be binding upon the heir-at-law, next-of-kin or class so represented. (2) In any other case in which an heir-at-law, or any next-of-kin, or a class shall be interested in any proceedings, the Court may, if, having regard to the nature and extent of the interest of such persons or any of them, it shall appear expedient on account of the difficulty of ascertaining such persons, or in order to save expense, appoint one or more persons to represent such heir, or to represent all or any of such next-of-kin or class, and the judgment or order of the Court in the presence of the persons so appointed shall be binding upon the persons so represented. 23. Any residuary legatee or next-of-kin entitled to a judgment or order for the administration of the personal estate of a deceased person may have the same without serving the remaining residuary legatees or next-of-kin. 24. Any legatee interested in a legacy charged upon real estate, and any person interested in the proceeds of real estate directed to be sold, and who may be entitled to a judgment or order for the administration of the estate of a deceased person, may have the same without serving any other legatee or person interested in the proceeds of the estate. 25. Any residuary devisee or heir entitled to the like judgment or order may have the same without serving any co-residuary devisee or co-heir. 26. Any one of several cestuis que trustent under any deed or instrument entitled to a judgment or order for the execution of the trusts of the deed or instrument may have the same without serving any other cestui que trust 27. In all cases of actions for the prevention of waste or otherwise for the protection of property, one person may sue on behalf of himself and all persons having the same interest. 28. Any executor, administrator, or trustee entitled thereto may have a judgment or order against any one legatee, next-of-kin or, cestui que for the administration of the estate or the execution of the trusts. 29. Any mortgagee or other incumbrancer on land entitled to a sale of the mortgaged lands may have a judgment or order for such sale without serving any other mortgagee or incumbrancer, or a trustee for such mortgagee or incumbrancer, unless such mortgagee, incumbrancer, or trustee is in the actual possession or receipt of the rents and profits of the mortgaged or incumbered lands; provided always, that a person, at whose suit or for whose benefit a receiver or sequestrator has been appointed or extended, or continues to receive the rents and profits of the lands, shall not be deemed to be in receipt of such rents and profits within the meaning of this rule. 30. The Court may require any person to be made a party to any action or proceeding, and may give the conduct of the action or proceeding to such person as the Court may think fit, and may make such order in any particular case as it may think just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question. 31. Wherever, in any action for the administration of the estate of a deceased person, or the execution of the trusts of any deed or instrument, or for the partition or sale of any hereditaments, a judgment or order has been pronounced or made— ) for an account; or ) under Order 33; or ) affecting the rights or interests of persons not parties to the action; the Court may direct that any person interested in the estate or under the trust or in the hereditaments shall be served with notice of the judgment or order; and after such notice such persons shall be bound by the proceedings in the same manner as if they had originally been made parties and shall be at liberty to attend the proceedings under the judgment or order. Any person so served may, within one month after such service, apply to the Court to discharge, vary or add to the judgment or order. 32. It shall not be necessary for any person served with notice of any judgment or order to obtain an order for liberty to attend the proceedings under such judgment or order, but such persons shall be at liberty to attend the proceedings upon entering an appearance in the same manner and subject to the same provisions as a defendant entering an appearance. 33. Notice of a judgment or order served pursuant to rule 31 shall be entitled in the action and there shall be indorsed thereon a memorandum in the Form No. 30 in Appendix G. 34. A memorandum of the service upon any person of notice of the judgment or order in any action under rule 31 shall be filed in the Central Office upon due proof by affidavit of such service. The memorandum shall be in the Form No. 31 in Appendix G. 35. Notice of a judgment or order served pursuant to rule 31 on an infant or person of unsound mind not so found by inquisition shall be served in the same manner as an originating summons in an action. At any time during the proceedings under any such order, the Court may require a guardian ad litem to be appointed for any infant or person of unsound mind not so found by inquisition, who has been served with notice of such order. 36. In any cause or matter to execute the trusts of a will it shall not be necessary to make the heir-at-law a party, but the plaintiff shall be at liberty to make the heir-at-law a party where he desires to have the will established against him. 37. If in any cause, matter, or other proceeding it shall appear to the Court that any deceased person who was interested in the matter in question has no legal personal representative, the Court may proceed in the absence of any person representing the estate of the deceased person or may appoint some person to represent his estate for all the purposes of the cause, matter or other proceeding on such notice to such persons, if any, as the Court shall think fit, either specially or generally by public advertisement, and the order so made, and any order consequent thereon, shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased person had been a party to the cause, matter or proceeding. 38. In any cause or matter for the administration of the estate of a deceased person no party other than the executor or administrator shall, unless by leave of the Court, be entitled to appear at any stage on the claim of any person not a party to the cause or matter against the estate of the deceased person in respect of any debt or liability. The Court may direct or give liberty to any other party to the cause or matter to appear, either in addition to or in the place of the executor or administrator, upon such terms as to costs or otherwise as the Court may think fit. ORDER 16. THIRD-PARTY PROCEDURE. 1. (1) Where in any action a defendant claims as against any person not already a party to the action (in this Order called "the third-party")— ) that he is entitled to contribution or indemnity, or ) that he is entitled to any relief or remedy relating to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the plaintiff, or ) that any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant and should properly be determined not only as between the plaintiff and the defendant but as between the plaintiff and the defendant and the third-party or between any or either of them, the Court may give leave to the defendant to issue and serve a third-party notice and may, at the same time, if it shall appear desirable to do so, give the third party liberty to appear at the trial and take such part therein as may be just, and generally give such directions as to the Court shall appear proper for having any question or the rights or liabilities of the parties most conveniently determined and enforced and as to the mode and extent in or to which the third-party shall be bound or made liable by the decision or judgment in the action. (2) The application for such leave shall be made by motion on notice to the plaintiff. Unless the plaintiff wishes to add the third party as a defendant, his attendance at the hearing of the motion shall not be necessary. If he does attend, he shall not be entitled to costs except by special direction of the Court. (3) Application for leave to issue the third-party notice shall, unless otherwise ordered by the Court, be made within twenty-eight days from the time limited for delivering the defence or, where the application is made by the defendant to a counterclaim, the reply. 2. (1) The third-party notice shall state the nature and grounds of the claim or the nature of the question or issue sought to be determined and the nature and extent of any relief or remedy claimed and any directions of the Court given under rule 1 (1) hereof. It shall be in accordance with the Form No. 1 or the Form No. 2 in Appendix C, and shall be sealed, and served on the third-party, and a copy thereof filed with the proper officer in the same manner as in the case of an originating summons. (2) The notice shall, unless otherwise ordered by the Court, be served within twenty-eight days from the making of the order, and with it there shall be served a copy of the originating summons and of any pleadings delivered in the action. 3. The third-party shall, as from the time of the service upon him of the notice, be a party to the action with the same rights in respect of defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant. 4. (1) The third-party may enter an appearance in the action within eight days from service or within such further time as may be directed by the Court and specified in the notice: Provided that the third-party failing to appear within such time may apply to the Court for leave to appear, and such leave may be given upon such terms, if any, as the Court may think fit. The memorandum of appearance shall be in the Form No. 3 in Appendix A, Part II. (2) Where a third party has entered an appearance and has requested a statement of claim, the defendant shall deliver a statement of claim to the third party within twenty-one days from the entry of appearance. (3) Where a third-party has entered an appearance he shall deliver his defence— ) in case he has not by notice requested a statement of claim, within twenty-eight days from the entry of appearance; ) in case he has requested a statement of claim, within twenty-eight days from the date of delivery of the statement of claim. 5. If a third-party duly served with a third-party notice does not enter an appearance or makes default in delivering any pleading which he has been ordered or is bound to deliver, he shall be deemed to admit the validity of and shall be bound by any judgment given in the action, whether by consent or otherwise, and by any decision therein on any question specified in the notice; and when contribution or indemnity or other relief or remedy is claimed against him in the notice, he shall be deemed to admit his liability in respect of such contribution or indemnity or other relief or remedy. 6. Where a third-party makes default in entering an appearance or delivering any pleading which he has been ordered or is bound to deliver and the defendant giving the notice suffers judgment by default, such defendant shall be entitled at any time, after satisfaction of the judgment against himself, or before such satisfaction by leave of the Court, to enter judgment against the third-party to the extent of any contribution or indemnity claimed in the third-party notice, or, by leave of the Court, to enter such judgment in respect of any other relief or remedy claimed as the Court shall direct: provided that it shall be lawful for the Court to set aside or vary such judgment against the third-party upon such terms as may seem just. 7. After the third-party enters an appearance, and before the expiration of the time limited for delivery of defence, he may, after serving notice of the intended application upon the plaintiff and all defendants, apply to the Court to vary any directions given by the Court under sub rule (1) of rule 1 of this Order. 8. (1) After the third-party has delivered his defence, the defendant giving notice may, after serving notice of the intended application upon the plaintiff, the third-party and any other defendant, apply to the Court for directions and the Court may— ) where the liability of the third-party to the defendant giving the notice is established on the hearing of the application, order such judgment as the nature of the case may require to be entered against the third-party in favour of the defendant giving the notice, or ) if satisfied that there is a question or issue proper to be tried as between the plaintiff and the defendant and the third-party or between any or either of them as to the liability of the defendant to the plaintiff or as to the liability of the third-party to make any contribution or indemnity claimed in whole or in part, or as to any other relief or remedy claimed in the notice by the defendant, or that a question or issue stated in the notice should be determined not only as between the plaintiff and the defendant but as between the plaintiff, the defendant and the third-party or any or either of them, thereupon try such question or issue or order it to be tried in such manner as the Court may direct, or ) If it shall appear desirable to do so, give the third party liberty to defend the action, either alone or jointly with the original defendant, upon such terms as may be just, or ) dismiss the application. (2) Any directions given pursuant to this rule may be given either before or after any judgment has been obtained by the plaintiff against the defendant in the action, and may be varied from time to time or rescinded. (3) The third-party proceedings may at any time be set aside by the Court. 9. (1) Where the action is tried, the Court which tries the action may, at or after the trial, give such judgment as the nature of the case may require for or against the defendant giving the notice against or for the third-party, and may grant to the defendant or to the third-party any relief or remedy which might properly have been granted if the third-party had been made a defendant to an action duly instituted against him by the defendant: provided that execution shall not be issued against the third-party without leave of the Court until after satisfaction by the defendant of any judgment against him. (2) Where the action is decided otherwise than by trial, the Court may, on application therefor, make such order as the nature of the case may require, and, where the plaintiff has recovered judgment against the defendant, may order such judgment as may be just to be entered for or against the defendant giving notice against or for the third-party. 10. The Court may decide all questions of costs as between a third-party and the other parties to the action, and may order any one or more to pay the costs of any other or others or give such directions as to costs as the justice of the case may require. 11. (1) Where a third-party makes as against any person not already a party to the action such a claim as is defined in rule 1 the provisions of this Order regulating the rights and procedure as between the defendant and the third-party shall apply mutatis mutandis as between the third-party and such other person and the Court may give leave to such third-party to issue a third-party notice, and the preceding rules of this Order shall apply, mutatis mutandis , and the expression "third-party notice" and "third-party" shall apply to and include every notice so issued and every person served with such notice respectively. (2) Where a person served with a notice under this rule by a third-party in turn makes such a claim as is defined in rule 1 against another person not already a party to the action, this Order as applied by this rule shall have effect as regards such further person and any further person or persons so served and so on successively. 12. (1) Where a defendant claims against another defendant— ) that he is entitled to contribution or indemnity, or ) that he is entitled to any relief or remedy relating to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the plaintiff, or ) that any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant making the claim and should properly be determined not only as between the plaintiff and the defendant making the claim but as between the plaintiff and the defendant and the other defendant or between any or either of them, the defendant making the claim may, without any leave, issue and serve on such other defendant a notice making such claim or specifying such question or issue. No appearance to such notice shall be necessary. (2) After service of such notice either defendant shall be at liberty to apply for directions as regards pleadings between them if either considers it necessary to do so. In default of such application within twenty-eight days of service of such notice, the claim, question or issue shall be tried at or after the trial of the plaintiff's action as the trial judge shall direct. (3) Nothing herein contained shall prejudice the rights of the plaintiff against any defendant to the action. 13. In this Order the words "plaintiff" and "defendant" respectively, shall include a plaintiff and a defendant to a counterclaim. ORDER 17. CHANGE OF PARTIES BY DEATH, &c. 1. A cause or matter shall not become abated by reason of the death, or bankruptcy of any of the parties, if the cause of action survive or continue, and shall not become defective by the assignment, creation, or devolution of any estate or title pendente lite ; and, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or finding of the issues of fact and the judgment; but judgment may in such case be entered, notwithstanding the death. 2. In case of the death, or bankruptcy, or devolution of estate by operation of law, of any party to a cause or matter, the Court may, if it be deemed necessary for the complete settlement of all the questions involved, order that the personal representative, assignee, trustee, or other successor in interest, if any, of such party be made a party, or be served with notice in such manner and form as hereinafter prescribed, and on such terms as the Court shall think just, and shall make such order for the disposal of the cause or matter as may be just. 3. In case of an assignment, creation, or devolution of any estate or title pendente lite , the cause or matter may be continued by or against the person to or upon whom such estate or title has come or devolved. 4. Where by reason of death or bankruptcy, or any other event occurring after the commencement of a cause or matter and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the cause or matter, it becomes necessary or desirable that any person not already a party should be made a party, or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties, and such new party or parties, may be obtained ex parte on application to the Court upon an allegation of such change, or transmission of interest or liability, or of such person interested having come into existence. 5. An order obtained as in rule 4 mentioned shall, unless the Court shall otherwise direct, be served upon the continuing party or parties, or their solicitors, and also upon each such new party, unless the person making the application be himself the only new party, and the order shall from the time of such service, subject nevertheless to rules 6 and 7, be binding on the persons served therewith, and every person served therewith who is not already a party to the cause or matter shall be bound to enter an appearance thereto within the same time and in the same manner as if he had been served with a summons. 6. Where any person who is under no disability, or, being under any disability, has a guardian ad litem in the cause or matter, shall be served with such order as in rule 4 mentioned, such person may apply to the Court to discharge or vary such order at any time within twelve days from the service thereof. 7. Where any person being under any disability and not having a guardian ad litem in the cause or matter, is served with any order as in rule 4 mentioned, such person may apply to the Court to discharge or vary such order at any time within twelve days from the appointment of a guardian ad litem for such party, and until such period of twelve days shall have expired such order shall have no force or effect as against such last-mentioned person. 8. When the plaintiff or defendant in a cause or matter dies and the cause of action survives, but the person entitled to proceed fails to proceed, the defendant (or the person against whom the cause or matter may be continued) may apply to compel the plaintiff (or the person entitled to proceed) to proceed within such time as may be ordered; and in default of such proceeding, judgment may be entered for the defendant, or, as the case may be, for the person against whom the cause or matter might have been continued; and in such case, if the plaintiff has died, execution may issue as in the case provided for by Order 42, rule 24. 9. In case of the death of a sole defendant or of all the defendants in an action for the recovery of land before trial, the plaintiff shall be entitled to judgment for recovery of possession of the property, unless some other person shall take defence within a time to be appointed for that purpose by the order of the Court, to be made upon the ex parte application of the plaintiff; and it shall be lawful for the Court, upon such application as aforesaid, to order that the plaintiff shall be at liberty to sign judgment within such time as the Court may think fit, unless the person then in possession, by himself or his tenant, or the legal representative of the deceased defendant, shall within such time appear in the action; and such order may be served in the same manner as the summons; and in case any such person shall appear, the same proceedings may be taken against such new defendant as if he had originally appeared and defended the action; and if no appearance be entered, then the plaintiff shall be at liberty to sign judgment pursuant to the order. 10. In case of the death before trial of one of several defendants in an action for the recovery of land who defends separately for a portion of the property for which the other defendant or defendants do not defend, the same proceedings may be taken as to such portion as in the case of the death of a sole defendant, or the plaintiff may proceed against the surviving defendant or defendants in respect of the portion of the property for which he or they defend. 11. In case of the death before trial of one of several defendants in an action for the recovery of land who defends separately in respect of property for which a surviving defendant or surviving defendants also defend, the Court may, at any time before the trial, allow the person at the time of the death in possession of the property, or the legal representative of the deceased defendant, to defend, on such terms as may appear reasonable and just, upon the application of such person or representative; and if no such application be made or leave granted, the plaintiff may proceed against the surviving defendant or defendants to judgment and execution. 12. Where any cause or matter becomes abated or in case of any such change of interest as is by this Order provided for, the solicitor for the plaintiff or person having the conduct of the cause or matter as the case may be, shall certify the fact to the proper officer, who shall cause an entry thereof to be made in the Cause Book opposite to the name of such cause or matter. 13. Where any cause or matter shall have been standing for one year in the Cause Book marked as "abated," or standing over generally, such cause or matter at the expiration of the year shall be struck out of the Cause Book. ORDER 18. JOINDER OF CAUSES OF ACTION. 1. Subject to the rules of this Order, the plaintiff may unite in the same action several causes of action; but if it appear to the Court that any such causes of action cannot be conveniently tried or disposed of together the Court may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof. 2. No cause of action shall unless by leave of the Court be joined with an action for the recovery of land, except claims in respect of mesne profits or arrears of rent or double rent in respect of the premises claimed, or any part thereof, and damages for breach of any contract under which the same or any part thereof are held, or for any wrong or injury to the premises claimed. Provided that nothing in this Order contained shall prevent any plaintiff in an action for redemption from asking for or obtaining an order against the defendant for delivery of the possession of the mortgaged property to the plaintiff on or after the order absolute for redemption, and such an action for redemption and for such delivery of possession shall not be deemed an action for the recovery of land within the meaning of these Rules. 3. Claims by an assignee or trustee in bankruptcy as such shall not, unless by leave of the Court, be joined with any claim by him in any other capacity. 4. Claims by or against husband and wife may be joined with claims by or against either of them separately. 5. Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator. 6. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant. 7. Rules 4, 5 and 6 shall be subject to rules 1, 8 and 9. 8. Any defendant alleging that the plaintiff has united in the same action several causes of action which cannot be conveniently disposed of together, may at any time apply to the Court for an order confining the action to such of the causes of action as may be conveniently disposed of together. 9. If, on the hearing of such application as in rule 8 mentioned, it shall appear to the Court that the causes of actionare such as cannot all be conveniently disposed of together, the Court may order any of such causes of action to be excluded, and, consequential amendments to be made, and may make such order as to costs as may be just. ORDER 19. PLEADING GENERALLY. 1. The plaintiff shall, subject to the provisions of Order 20, and at such time and in such manner as therein prescribed, deliver to the defendant a statement of his claim, and of the relief or remedy to which he claims to be entitled. The defendant shall subject to the provisions of Order 21, and at such time and in such manner as therein prescribed, deliver to the plaintiff his defence, set-off, or counter-claim (if any), and the plaintiff shall, subject to the provisions of Order 23, and at such time and in such manner as therein prescribed, deliver his reply (if any) to such defence, set-off, or counter-claim. Such statements shall be as brief as the nature of the case will admit, and the Taxing Master in adjusting the costs of the action shall, at the instance of any party, or may without any request, inquire into any unnecessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same. 2. A defendant in an action may set-off, or set up by way of counterclaim against the claims of the plaintiff, any right or claim, whether such set-off or counterclaim sound in damages or not, and such set-off or counterclaim shall have the same effect as a cross action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claim. But the Court may, on the application of the plaintiff before trial, if in the opinion of the Court such set-off or counterclaim cannot be conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof. 4. The headings in Appendix B, Part IV, where applicable, shall be used for all pleadings. (2) In all cases alleging misrepresentation, fraud, breach of trust, wilful default or undue influence and in all other cases in which particulars may be necessary, particulars (with dates and items if necessary) shall be set out in the pleadings. (3) In any case where the particulars, being of debt, expenses or damages, exceed three folios that fact must be so stated with a reference to full particulars already delivered or to be delivered with the pleadings. 6. In probate actions it shall be stated with regard to every claim or defence which is pleaded, what is the substance of the case on which it is intended to rely; and further:— (2) where it is pleaded that the testator was not of sound disposing mind, the party making such plea shall, before the case is set down for trial, give particulars of any specific instance of delusion or mental incapacity; and (3) except by leave of the Court, no evidence shall be given of any other instance of undue influence or delusion or mental incapacity at the trial. 7. (1) A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just. (2) Before applying under this rule to the Court a party may apply for particulars by letter. The costs of each letter and of any particulars delivered pursuant thereto shall be allowable on taxation. In dealing with the costs of any application for particulars, the provisions of this paragraph shall be taken into consideration by the Court. (3) Particulars shall not be ordered under this rule to be delivered before defence or reply, as the case may be, unless the Court shall be of opinion that they are necessary or desirable to enable the defendant or plaintiff, as the case may be, to plead or ought for any other special reason to be so delivered. 8. The party at whose instance particulars have been delivered under an order of the Court shall, unless the order otherwise provides, have the same length of time for pleading after the delivery of the particulars that he had at the date of the service of the notice of the application. Save as in this rule provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time. 10. Every pleading or other document required to be delivered to a party, or between parties, shall be delivered to the solicitor of every party who appears by a solicitor, or to the party if he does not appear by a solicitor, but if no appearance has been entered for any party, then such pleading or document shall be delivered by being filed with the proper officer of the Central Office. 11. Every pleading shall be delivered between parties, and shall, in addition to the matters specified in Order 121, rule 4, contain reference to the record number of the action, the Court (if any) to which the action is assigned, the title of the action and the description of the pleading. 12. Nothing in these Rules contained shall affect the right of any defendant to plead not guilty by statute. Every defence of not guilty by statute shall have the same effect as a plea of not guilty by statute has heretofore had. If the defendant so plead he shall not plead any other defence to the same cause of action without the leave of the Court. 13. Every allegation of fact in any pleading, not being a petition, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, or person of unsound mind. 14. Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant (as the case may be) and subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading. 16. No pleading, not being a petition, shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same. 17. It shall not be sufficient for a defendant in his statement of defence to deny generally the grounds alleged by the statement of claim, or for a plaintiff in his reply to deny generally the grounds alleged in a defence by way of counterclaim, but each party must deal specifically with each allegation of fact of which he does not admit the truth, except damages. 19. When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he must not do so evasively, but answer the point of substance. Thus, if it be alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with divers circumstances, it shall not be sufficient to deny it along with those circumstances. 20. When a contract, promise, or agreement is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract, promise, or agreement alleged, or of the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law of such contract, promise, or agreement, whether with reference to the Statute of Frauds or otherwise. 21. Wherever the contents of any document are material it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof unless the precise words of the document or any part thereof are material. 22. Wherever it is material to allege malice, fraudulent intention, knowledge, or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred. 23. Wherever it is material to allege notice to any person of any fact, matter, or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred, be material. 25. Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied ( ., consideration for a bill of exchange, where the plaintiff sues only on the bill, and not for the consideration as a substantive ground of claim). 26. No technical objection shall be raised to any pleading on the ground of any alleged want of form. 27. The Court may at any stage of the proceedings order to be struck out or amended any matter in any indorsement or pleading which may be unnecessary or scandalous, or which may tend to prejudice, embarrass, or delay the fair trial of the action; and may in any such case, if it shall think fit, order the costs of the application to be paid as between solicitor and client. 28. The Court may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or answer and in any such case or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the Court may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just. 29. No action or pleading shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may, if it thinks fit, make binding declarations of right whether any consequential relief is or could be claimed or not. ORDER 20. STATEMENT OF CLAIM. 1. When the procedure is by summary summons or special summons, no statement of claim or other pleading shall be delivered except by order of the Court, which order may be made in any case in which the delivery of such statement of claim or other pleading appears to be requisite. 2. Where the procedure is by plenary summons, the plaintiff may deliver a statement of claim with the plenary summons or notice in lieu thereof, or at any time within twenty-one days from the service thereof. 3. Where the defendant enters an appearance to a plenary summons and, at the time of entering such appearance or within eight days thereafter, gives notice in writing to the plaintiff or his solicitor, that he requires a statement of claim to be delivered, the plaintiff, if he has not already done so, shall deliver a statement of claim within twenty-one days from the receipt of such notice. 4. Subject to the provisions of Order 13, rule 17, as to filing a statement of claim when there is no appearance, no statement of claim need be delivered when the defendant fails to appear or fails to serve such notice as is mentioned in rule 3. Where the plaintiff delivers a statement of claim without being required to do so, or the defendant unnecessarily requires such statement, the Court may make such order as to the costs occasioned thereby as shall be just, if it appears that the delivery of a statement of claim was improper or unnecessary. 5. Where the defendant in a probate action has appeared, the plaintiff shall not be bound to deliver a statement of claim until the expiration of eight days after the defendant has filed his affidavit as to scripts. 6. Whenever a statement of claim is delivered the plaintiff may therein alter, modify, or extend his claim without any amendment of the indorsement on the summons. 7. Every statement of claim shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and it shall not be necessary to ask for general or other relief, which may always be given, as the Court may think just, to the same extent as if it had been asked for. The same rule shall apply to any counterclaim made or relief claimed by the defendant in his defence. 9. In every case in which the cause of action is a stated or settled account, the same shall be alleged with particulars, but in every case in which a statement of account is relied on by way of evidence or admission of any other cause of action which is pleaded the same shall not be alleged in the pleadings. 10. In probate actions where the plaintiff disputes the interest of the defendant, he shall allege in his statement of claim that he denies the defendant's interest, and in such cases both parties may with and subject to the permission of the Court adduce proof on one and the same trial of their interests respectively, and, after delivery of the statement of claim, the interest of the party to whom it has been delivered shall not be disputed by the plaintiff unless by leave of the Court. 11. In interest causes the pleading of each party must show, on the face of it, that no other person exists having a prior interest to that of the claimant. ORDER 21. DEFENCE AND COUNTERCLAIM. 1. Where a defendant enters an appearance to a plenary summons he shall deliver his defence and counterclaim (if any)— ) in case he does not by notice require a statement of claim, within twenty eight days from the entry of appearance; or ) in any other case within twenty eight days from the date of delivery of the statement of claim or from the time limited for appearance, whichever shall be later. 2. Where leave has been given to a defendant to defend under Order 37, he shall deliver his defence (if any) within such time as shall be limited by the order giving leave to defend or, if no time is thereby limited, within fourteen days from the order. 3. In actions for a debt or liquidated demand in money a mere denial of the debt shall be inadmissible. 4. In actions upon bills of exchange, promissory notes, or cheques, a defence in denial must deny some matter of fact, , the drawing, making, indorsing, accepting, presenting, or notice of dishonour of the bill or note. 5. In actions comprised in Order 2, rule 1 (1) classes ( ) and ( ), a defence in denial must deny such matters of fact, from which the liability of the defendant is alleged to arise, as are disputed; 6. No denial or defence shall be necessary as to damages claimed or their amount; but they shall be deemed to be put in issue in all cases, unless expressly admitted. 7. If either party wishes to deny the right of any other party to claim as executor, or as trustee, whether in bankruptcy or otherwise, or as assignee in bankruptcy, or in any representative or other alleged capacity, or the alleged constitution of any partnership firm, he shall deny the same specifically. 8. Where the Court shall be of opinion that any allegations of fact denied or not admitted by the defence ought to have been admitted, the Court may make such order as shall be just with respect to any extra cost occasioned by their having been denied or not admitted. 9. Where any defendant seeks to rely upon any grounds as supporting a right of counterclaim, he shall in his defence, state specifically that he does so by way of counterclaim. 10. Where a defendant by his defence sets up any counterclaim which raises questions between himself and the plaintiff along with any other persons, he shall add to the title of his defence a further title similar to the title in a statement of claim setting forth the names of all the persons who, if such counterclaim were to be enforced by cross-action, would be defendants to such cross-action, and shall deliver his defence to such of them as are parties to the action within the period within which he is required to deliver it to the plaintiff. 11. Where any such person as in rule 10 mentioned is not a party to the action, he shall be summoned to appear by being served with a copy of the defence, and such service shall be regulated by the same rules as are hereinbefore contained with respect to the service of a summons, and every defence so served shall be indorsed in the Form No. 3 in Appendix C. 12. Any person not a defendant to the action, who is served with a defence and counterclaim as aforesaid, shall appear thereto as if he had been served with a summons to appear in an action. 13. Any person named in a defence as a party to a counterclaim thereby made may deliver a reply within the time within which he might deliver a defence if it were a statement of claim. 14. Where a defendant sets up a counterclaim, if the plaintiff or any other person named in manner aforesaid as party to such counterclaim contends that the claim thereby raised ought not to be disposed of by way of counterclaim, but in an independent action, he may at any time before reply apply to the Court for an order that such counterclaim may be excluded, and the Court may, on the hearing of such application, make such order as shall be just. 15. If, in any case in which the defendant sets up a counterclaim, the action of the plaintiff is stayed, discontinued, or dismissed, the counterclaim may nevertheless be proceeded with. 16. Where in any action a set-off or counterclaim is established as a defence against the plaintiff's claim, the Court may, if the balance is in favour of the defendant, give judgment for the defendant for such balance, or may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case. 17.

In probate actions the party opposing a will may, with his defence, give notice to the party setting up the will that he merely insists upon the will being proved in solemn form of law, and only intends to cross-examine the witnesses produced in support of the will, and he shall thereupon be at liberty to do so, and shall not, in any event, be liable to pay the costs of the other side unless the Court shall be of opinion that there was no reasonable ground for opposing the will. 18. In every case in which a party shall plead the general issue, intending to give the special matter in evidence by virtue of any statute, he shall insert in the margin of his pleading the words "by statute" together with the year in which the statute on which he relies was passed, and also the chapter or number and section of such statute, and shall specify whether such statute is public or otherwise; otherwise such defence shall be taken not to have been pleaded by virtue of any statute. 19. No plea or defence shall be pleaded in abatement. 20. No defendant in an action for the recovery of land upon the title, who is in possession by himself or his tenant, need plead his title, unless his defence depends on an equitable estate or right or he claims relief upon any equitable ground against any right or title asserted by the plaintiff. Except in the cases hereinbefore mentioned, it shall be sufficient to state by way of defence that he is so in possession and it shall be taken to be implied in such statement that he denies, or does not admit, the allegations of fact contained in the plaintiff's statement of claim. He may, nevertheless, rely upon any ground of defence which he can prove except as hereinbefore mentioned. 22. A person who has appeared in an action for the recovery of a holding, agricultural or pastoral, or partly agricultural and partly pastoral, in its character, for non-payment of rent, and has limited his appearance in accordance with Order 12, rule 22 shall deliver his defence (if any) within thirty-one days after his appearance. ORDER 22. PAYMENT INTO AND OUT OF COURT AND TENDER. 1. (1) In any action for a debt or damages or in an admiralty action the defendant may at any time after he has entered an appearance in the action and before it is set down for trial, or at any later time by leave of the Court, upon notice to the plaintiff, pay into Court a sum of money in satisfaction of the claim or (where several causes of action are joined in one action) in satisfaction of one or more of the causes of action. (2) A defendant may once, without leave, and upon notice to the plaintiff, pay into Court an additional sum of money as an increase in a payment made under paragraph (1) hereof. Such notice must be given and payment made at least three months before the date on which the action is first listed for hearing. Such increased lodgment shall thereupon become the sum paid into Court and the date of such increased payment the date of the payment into Court. If such notice is not given, and such payment not made as aforesaid the payment made, under paragraph (1) shall be deemed to be the only payment into Court and this Order shall be construed accordingly. (3) In actions for libel or slander, or where the defence raises questions of title to land or incorporeal hereditaments, money may not be paid into Court under this rule unless liability is admitted in the defence. (4) In an action on a bond, covenant or agreement coming within the provisions of the Common Law Procedure Amendment Act (Ireland) 1853, section 145, payment into Court under this rule shall be admissible as to particular breaches only, and not to the whole action. (5) Where money is paid into Court in satisfaction of one or more of several causes of action the notice shall specify the cause or causes of action in respect of which payment is made, and the sum paid in respect of each cause of action, unless the Court otherwise orders. (6) The notice shall be in the Form No. 4 or No. 5, as appropriate, in Appendix C, and shall state whether liability is admitted or denied, and subject to rule 7, shall be regarded as part of the pleadings. 2. It shall be lawful for any defendant in any action for the recovery of land for non-payment of rent, before or at the time of delivering his defence, or where the defendant is not required to deliver a defence, before or at the time of filing an affidavit in answer to the plaintiff's claim, or at any later time by leave of the Court, upon notice to the plaintiff to pay into Court a sum of money for rent, with an undertaking to pay the costs then incurred when taxed and ascertained and in case of non-payment thereof to suffer judgment to be marked, and thereupon the plaintiff, if he shall not accept the said sum in full discharge of the action, with costs to be taxed by the proper officer, may proceed in the said action at his peril; and if upon trial of the issue it shall appear that no greater sum was due for rent at the time of the service of the summons than the sum paid into Court, the verdict shall be entered for the defendant. 3. With a defence or affidavit setting up a tender before action, the sum of money alleged to have been tendered must be brought into Court. 4. (1) Where money is paid into Court under rule 1 the plaintiff may, within fourteen days of the receipt of notice of payment into Court, or within such further period as may be agreed upon by the parties, accept the whole sum or any one or more of the specified sums in satisfaction of the claim or in satisfaction of the cause or causes of action to which the specified sum or sums relate, by giving notice to the defendant in the Form No. 6 in Appendix C; and thereupon he shall be entitled to receive payment of the accepted sum or sums in satisfaction as aforesaid. (2) Payment shall be made to the plaintiff or on his written authority to his solicitor, and thereupon proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed. (3) If the plaintiff accepts money paid into Court in satisfaction of his claim, or if he accepts a sum or sums paid in respect of one or more of the specified causes of action, and gives notice that he abandons the other cause or causes of action, he may after four days from payment out, unless the Court otherwise orders, tax his costs incurred to the date of giving notice to the defendant in accordance with the provisions of sub rule (1) hereof, and forty-eight hours after taxation may sign judgment for his taxed costs. (4) This rule does not apply to admiralty actions. 5. If the whole of the money in Court is not taken out under rule 4, the money remaining in Court shall not be paid out except in satisfaction of the claim or specified cause or causes of action in respect of which it was paid in and in pursuance of an order of the Court, which may be made at any time before, at, or after trial. 6. If the plaintiff does not accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in but proceeds with the action in respect of such claim or cause of action, or any part thereof, and is not awarded more than the amount paid into Court, then, unless the Judge at the trial shall for special cause shown and mentioned in the order otherwise direct, the following provisions shall apply: (1) If the amount paid into Court exceeds the amount awarded to the plaintiff, the excess shall be repaid to the defendant and the balance shall be retained in Court. (2) The plaintiff shall be entitled to the costs of the action up to the time when such payment into Court was made and of the issues or issue, if any, upon which he shall have succeeded. (3) The defendant shall be entitled to the costs of the action from the time such payment into Court was made other than such issues or issue as aforesaid. (4) The costs mentioned at paragraphs (2) and (3) hereof shall be set off against each other; and if the balance shall be in favour of the defendant, the amount thereof shall be satisfied pro tanto out of the money remaining in Court and, in so far as the money remaining in Court is not sufficient to satisfy the same, shall be recoverable from the plaintiff; or if the balance shall be in favour of the plaintiff, the amount thereof shall be recoverable from the defendant. (5) Any money remaining in Court after satisfying the balance (if any) due to the defendant for costs as aforesaid shall be paid out to the plaintiff. (6) If in any case the Court is of opinion that for the purposes of the preceding paragraphs of this rule it is not necessary to retain in Court the whole of the balance referred to in paragraph (1) it may order the payment out to the plaintiff of so much thereof as it deems proper. (7) The amount awarded to the plaintiff shall be deemed to be satisfied by the application in manner aforesaid of the moneys paid into Court. 7. (1) The fact that money has been paid into Court under any of the preceding rules of this Order shall be stated in the defence, or where the defendant is not required to deliver a defence, in the affidavit filed in answer to the plaintiff's claim; but except in an action to which a defence of tender before action is pleaded no communication of the amount so paid into Court shall at the trial of any action be made to the Judge until all questions of liability and amount of debt or damages have been decided, and where an action (except as aforesaid) is tried by a Judge with a jury, no communication either of the fact that money has been paid into Court or of the amount thereof shall be made to the jury. (2) Where the defendant has made a payment into Court under rule 1 (1) after his defence has been delivered or having filed an affidavit in answer to the plaintiff's claim, as the case may be, an amended defence shall be delivered or a supplementary affidavit shall be filed to comply with the provisions of paragraph (1) hereof. No order shall be required for such amendment or for the filing of such supplementary affidavit. 8. A plaintiff may, in answer to a counterclaim, pay money into Court in satisfaction thereof, subject to the like conditions as to costs and otherwise as upon payment into Court by a defendant. 9. Money paid into Court under an order of the Court shall not be paid out of court except in pursuance of an order of the Court: Provided that, where before the delivery of defence money has been paid into Court by the defendant pursuant to an order under the provisions of Order 37, he may (unless the Court shall otherwise order) by notice in writing appropriate the whole or any part of such money, and any additional payment if necessary, to the whole or any specified portion of the plaintiff's claim or if he pleads a tender may by his pleading appropriate the whole or any part of the money in Court as payment into Court of the money alleged to have been tendered; and the money so appropriated shall thereupon be deemed to be money paid into Court pursuant to the preceding rules of this Order relating to money paid into Court, or money paid into Court with a plea of tender as the case may be, and shall be subject in all respects thereto. 10. (1) In any cause or matter in which money or damages is or are claimed by or on behalf of an infant or a person of unsound mind suing either alone or in conjunction with other parties, no settlement or compromise or payment or acceptance of money paid into Court, either before or at or after trial, shall, as regards the claims of any such infant or person of unsound mind, be valid without the approval of the Court. (2) No money (which expression for the purposes of this rule includes damages) in any way recovered or adjudged or ordered or awarded or agreed to be paid in any such cause or matter in respect of the claims of any such infant or person of unsound mind, whether by verdict or by settlement, compromise, payment into Court or otherwise, before or at or after the trial, shall be paid to the plaintiff or to the next friend of the plaintiff or to the plaintiff's solicitor unless the Court shall so direct. (3) All money so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as the Court shall direct, and the said money or any part thereof may be so directed:— ) to be paid into the High Court and to be invested or otherwise dealt with there; or ) to be paid into or transferred to the Circuit Court of the district in which such plaintiff resides, or such other Circuit Court as the Court may think fit. The Forms Nos. 9 and 10 in Appendix E may be used in cases to which they are applicable. (4) (i) The directions referred to in paragraph (3) of this rule may include any general or special directions that the Court may think fit to give, including (without prejudice to the generality of the above provision) directions as to how the money is to be applied or dealt with and as to any payment to be made, either directly or out of the amount paid into court, and (in case of transfer to the Circuit Court) either before or after it is transferred to the Circuit Court, to the plaintiff or to the next friend in respect of moneys paid or expenses incurred or for maintenance or otherwise for or on behalf of or for the benefit of the infant or person of unsound mind or otherwise, or to the plaintiff's solicitor in respect of costs. (ii) The certificate of the birth of every such infant plaintiff shall be produced to the Court, and the date of such birth shall be recited in the certificate or order of the Court. (5) The proper officer of the Central Office shall on request from the County Registrar furnish to him free of charge copies of such documents as may be required by the Circuit Court in any cause or matter in which money shall have been paid or transferred under paragraph (3) ( ) of this rule. (6) Money paid into or transferred to the Circuit Court under this rule shall (subject to any order or direction that may be given in the judgment or order for payment or transfer thereof) be held, invested, applied or otherwise dealt with for the benefit of such plaintiff in such manner as the Circuit Court in its discretion thinks fit and in accordance with the Circuit Court Rules for the time being in force. (7) Nothing in this rule shall prejudice the lien of a solicitor for costs. (8) Subject to any order which may be made by the Court (whether on consent or otherwise) as to the costs of the plaintiff or plaintiffs in any such cause or matter, or as to the amount of such costs or the mode of payment thereof:— (i) The costs of the plaintiff, or if more than one, of all the plaintiffs in any such cause or matter or incident to the claims therein or consequent thereon shall, as regards costs ordered to be paid to such plaintiff or plaintiffs by the defendant or any other party to such cause or matter be taxed by the Taxing Master as between party and party; (ii) The costs (if any) of the plaintiff or if more than one of all such plaintiffs not ordered to be paid by or recoverable from any other party shall be taxed by the Taxing Master as between solicitor and client on notice to the General Solicitor for Wards of Court, and if any portion of such costs be payable by any adult party to the cause or matter who is sui juris the Taxing Master shall certify the amount of such portion and the portions payable by such infant or person of unsound mind; and no costs other than those so certified shall be payable to the solicitor for any plaintiff in the cause or matter. (9) This rule shall apply mutatis mutandis ) money recovered on a counterclaim; ) money recovered by a person of unsound mind whether so found by inquisition or not so found; ) any action settled on behalf of an infant before trial. 11. Money paid into Court or investments made under the provisions of rule 10, and the dividends or interest thereon, shall be sold, transferred, or paid out to the party entitled thereto, pursuant to the order of the Court. 12. Money may be paid into Court under this Order by one or more of several defendants sued jointly or in the alternative upon notice to the other defendant or defendants. If the plaintiff elects within the time limited by this Order to accept the money paid into Court, he shall give notice as in rule 4 mentioned to each defendant and thereupon all further proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed and the money shall not be paid out except in pursuance of an order of the Court dealing with the whole costs of the action or cause or causes of action (as the case may be). 13. In any cause or matter in which damages are claimed under the Civil Liability Act, 1961 , Part IV, money paid into Court under this Order shall not be paid out without an order of the Court. ORDER 23. REPLY AND SUBSEQUENT PLEADINGS. 1. No reply shall be necessary in any case where all the material statements of fact in the relevant pleading are merely to be denied and put in issue. 2. A plaintiff shall deliver his reply, where necessary, within fourteen days from the delivery of the defence or the last of the defences unless the time shall be extended by the Court. 3. No pleading subsequent to reply other than a joinder of issue shall be pleaded without leave of the Court, and then only upon such terms as the Court shall think fit. 4. Subject to rule 3, every pleading subsequent to reply shall be delivered within four days from the delivery of the previous pleading, unless the time shall be extended by the Court. 5. Where a counterclaim is pleaded, a reply thereto shall be subject to the rules applicable to a defence. 6. As soon as any party has joined issue upon the preceding pleading of the opposite party simply without adding any further or other pleading thereto, or has made default as mentioned in Order 27, rule 11, the pleadings as between such parties shall be deemed to be closed. ORDER 24. MATTERS ARISING PENDING THE ACTION. 1. Any ground of defence which has arisen after action brought but before the defendant has delivered his defence, and before the time limited for his doing so has expired, may be raised by the defendant in his defence, either alone or together with other grounds of defence; and if, after a defence has been delivered, any ground of defence arises to any set-off or counterclaim alleged therein by the defendant, it may be raised by the plaintiff in his reply, either alone or together with any other ground of reply. 2. Where any ground of defence arises after the defendant has delivered a defence, or after the time limited for his doing so has expired, the defendant may, and where any ground of defence to any set-off or counterclaim arises after reply, or after the time limited for delivering a reply, has expired, the plaintiff may, within eight days after such ground of defence has arisen, or any subsequent time by leave of the Court, deliver a further defence or further reply as the case may be, setting forth the same. 3. Whenever any defendant, in his defence, or in any further defence as in rule 2 mentioned alleges any ground of defence which has arisen after the commencement of the action, the plaintiff may deliver a confession of such defence (which confession may be in the Form No. 7 in Appendix C), and may thereupon sign judgment for his costs up to the time of the pleading of such defence, unless the Court shall, either before or after the delivery of such confession, otherwise order. ORDER 25. TRIAL OF POINT OF LAW. 1. Any party shall be entitled to raise by his pleading any point of law, and any point so raised shall be disposed of by the Judge who tries the cause at or after the trial, provided that by consent of the parties, or by order of the Court on the application of either party, the same may be set down for hearing and disposed of at any time before the trial. 2. If, in the opinion of the Court, the decision of such point of law substantially disposes of the whole action, or of any distinct cause of action, ground of defence, set-off, counterclaim, or reply therein, the Court may thereupon dismiss the action or make such other order therein as may be just. ORDER 26. DISCONTINUANCE. 1. The plaintiff may, at any time before receipt of the defendant's defence, or after the receipt thereof before taking any other proceeding in the action (save any interlocutory application), by notice in writing in the Form No. 20 in Appendix C, wholly discontinue his action against all or any of the defendants or withdraw any part or parts of his alleged cause of complaint, and thereupon he shall pay such defendant's costs of the action, or, if the action be not wholly discontinued, the costs occasioned by the matter so withdrawn. Such costs shall be taxed. The plaintiff may, however, at any time prior to the setting down of any cause for trial wholly discontinue his action, with or without costs to be paid by any party, upon producing to the proper officer a consent in writing signed by all parties or by their solicitors and such costs (if any) shall be taxed. Such discontinuance or withdrawal, as the case may be, shall not be a defence to any subsequent action. Save as in this rule otherwise provided, it shall not be competent for the plaintiff to discontinue the action without leave of the Court, but the Court may before, or at, or after, the hearing or trial, upon such terms as to costs, and as to any other action, and otherwise, as may be just, order the action to be discontinued, or any part of the alleged cause of complaint to be struck out. The Court may, in like manner, and with the like discretion as to terms, upon the application of a defendant, order the whole or any part of his alleged grounds of defence or counterclaim to be withdrawn or struck out, but it shall not be competent to a defendant to withdraw his defence, or any part thereof, without such leave. 2. When a cause has been entered for trial, it may be withdrawn by either plaintiff or defendant, upon producing to the proper officer a consent in writing signed by the parties or by their solicitors. The consent shall include the list number and trial venue of the case. 3. Any defendant may enter judgment for the costs of the action, if it is wholly discontinued against him, or for the costs occasioned by the matter withdrawn, if the action be not wholly discontinued, in case such respective costs are not paid within four days after taxation. 4. If any subsequent action shall be brought before payment of the costs of a discontinued action, for the same, or substantially the same, cause of action, the Court may order a stay of such subsequent action, until such costs shall have been paid. ORDER 27. DEFAULT OF PLEADING. 1. If the plaintiff, being bound to deliver a statement of claim, does not deliver the same within the time allowed for that purpose, the defendant may, at the expiration of that time, apply to the Court to dismiss the action, with costs, for want of prosecution; and on the hearing of such application the Court may order the action to be dismissed accordingly, or may make such other order on such terms as the Court shall think just. 2. Subject to the provisions of rules 15 and 16, if the plaintiff's claim be only for a debt or liquidated demand, or for the recovery of land, or for the delivery of specific goods, and the defendant does not within the time allowed for that purpose deliver a defence, the plaintiff may at the expiration of such time enter final judgment in the Central Office for the amount of such debt or liquidated demand, or that the person whose title is asserted in the statement of claim shall recover possession of the land, or for the delivery of the specific goods without giving the defendant the option of retaining such goods upon paying the value thereof, as the case may be, with costs. 3. If the plaintiff's claim be for a debt or liquidated demand, or for the recovery of land, or for the delivery of specific goods, and also for pecuniary damages or any other relief, and the defendant does not within the time allowed for that purpose deliver a defence, the plaintiff may enter final judgment as in rule 2 provided and may also apply as in rule 8 provided in respect of the said claim for pecuniary damages or other relief. 4. When in any such action as in rules 2 and 3 mentioned there are several defendants, if one of them make default as mentioned in the said rules, the plaintiff may enter final judgment against the defendant so making default, and issue execution upon such judgment without prejudice to his right to proceed with his action against the other defendants or against the said defendant under rule 3. 5. If the action be for recovery of land for non-payment of rent, no judgment shall be entered under this Order until an affidavit has been filed, made by the landlord, his agent, receiver, or clerk, stating that there was, at the commencement of the action, at least one year's rent due above all just and fair allowances. 6. In an action for the recovery of a holding or of lands including a holding agricultural or pastoral, or partly agricultural and partly pastoral, in its character, for non-payment of rent no judgment shall be entered under this Order until an affidavit has been filed made by the landlord, his agent, receiver, or clerk, verifying the special indorsement on the summons. Such affidavit may be in the Form No. 6 in Appendix A, Part 1. 7. In probate actions, if any defendant make default in delivering a defence, the action may proceed, notwithstanding such default. 8. In all other actions than those in the preceding rules of this Order mentioned, if a defendant, being bound to deliver a defence, does not do so within the time allowed, the plaintiff may, subject to the provisions of rule 9, set down the action on motion for judgment and such judgment shall be given as upon the statement of claim the Court shall consider the plaintiff to be entitled to. Any damages to which the plaintiff may be entitled shall be ascertained by the Judge with a jury in case any party requires and is entitled to one, but otherwise without a jury, and, if without a jury, either by the Judge or by the Master or by the Examiner, as the Judge may direct, on evidence by affidavit or otherwise. 9. (1) Except as provided in sub rule 4 hereof, no notice of motion for judgment in default of defence in actions claiming unliquidated damages in tort or contract may be served unless the plaintiff has at least twenty-one days prior to the service of such notice written to the defendant giving him notice of his intention to serve a notice of motion for judgment and at the same time consenting to the late delivery of defence within twenty-one days of the date of the letter. (2) If no defence is delivered within the said period the plaintiff shall be at liberty to serve a notice of motion for judgment in default of defence which shall be returnable to a date not less than fourteen clear days from the date of the service of the notice; such notice of motion to be filed not later than six days before the return date. (3) If, not later than seven days after the service of such notice of motion for judgment, the defendant delivers a defence to the plaintiff and not later than six days before the return date lodges a copy thereof in the Central Office with a certified copy of the said notice of motion attached thereto, the said motion for judgment shall not be put in the judge's list but shall stand struck out and the defendant shall pay to the plaintiff the sum of £100 for his costs of the said motion for judgment. (4) If, in any case, the plaintiff can establish special reasons making it necessary to serve a notice of motion for judgment in default of defence in the cases provided for by this rule with greater urgency than in accordance with the provisions hereinbefore contained, he may apply to the Master of the High Court for an order giving him liberty to serve a notice of motion for judgment in default of defence giving not less than four clear days notice to the defendant. 10. Where, in any such action as mentioned in rule 8, there are several defendants, then, if one of such defendants make such default as aforesaid, the plaintiff may either (if the cause of action is severable) set down the action at once on motion for judgment against the defendant so making default, or may set it down against him at the time when it is entered for trial or set down on motion for judgment against the other defendants. 11. If the plaintiff does not deliver a reply, or any party does not deliver any subsequent pleading, within the period allowed for that purpose, the pleadings shall be deemed to be closed at the expiration of that period, and all the material statements of fact in the pleading last delivered shall be deemed to have been denied and put in issue. 12. In any case in which issues arise in an action other than between plaintiff and defendant, if any party to any such issue makes default in delivering any pleading, the opposite party may apply to the Court for such judgment, if any, as upon the pleadings he may appear to be entitled to, and the Court may order judgment to be entered accordingly, or may make such other order as may be necessary to do complete justice between the parties. 13. Before judgment by default shall be entered for any debt or liquidated demand under this Order, an affidavit shall be filed specifying the sum then actually due. 14. Any judgment by default, whether under this Order or under any other of these Rules, may be set aside by the Court upon such terms as to costs or otherwise as the Court may think fit, and where an action has been set down under rule 8, such setting down may be dealt with by the Court in the same way as if a judgment by default had been signed when the case was set down. 15. In proceedings brought by a moneylender or the assignee or legal personal representative of a moneylender for the recovery of money lent by the moneylender or any interest thereon, judgment in default of defence shall not be entered until after the expiration of twelve months from the date of issue of the summons by which the proceedings were instituted unless the leave of the Court shall have been first obtained. An application for such leave may be made by motion on notice served not less than four clear days before the hearing; and the provisions of Order 13, rule 14 (2) and (3) shall apply to such application. 16. In actions to recover a debt or liquidated demand arising under a hire-purchase agreement or credit-sale agreement (as defined by the Hire-Purchase Act, 1946 ) or any contract of guarantee relating to such an agreement, judgment in default of defence shall not be entered until after the expiration of twelve months from the date of issue of the summons by which the proceedings were instituted unless the leave of the Court shall have been first obtained. An application for such leave may be made by motion on notice served, not less than four clear days before the hearing, personally or by registered post addressed to the defendant at his last known place of address; and judgment shall not be entered until an affidavit shall have been filed stating that the requirements specified in section 3 or section 4 (as the case may be) of the Hire-Purchase Act, 1946 , (as amended by sections 21 and 22 of the Hire-Purchase Act, 1960) have been complied with. ORDER 28. AMENDMENT. 1. The Court may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. 2. The plaintiff may, without any leave, amend his statement of claim, whether indorsed on the summons or not, once at any time before the expiration of the time limited for reply, and before replying or, where no defence is delivered, at any time before the expiration of four weeks from the appearance of the defendant who shall have last appeared. 3. A defendant who has set up any counterclaim or set-off may without any leave, amend such counterclaim or set-off at any time within six days from the delivery of the reply or the expiration of the time allowed for delivery thereof, whichever shall be the shorter. 4. Where any party has amended his pleading under either rule 2 or rule 3, the opposite party may, within eight days after the delivery to him of the amended pleading, apply to the Court to disallow the amendment, or any part thereof, and the Court may, if satisfied that the justice of the case requires it, disallow the same, or allow it subject to such terms as to costs or otherwise as may be just. 5. Where any party has amended his pleadings under rule 2 or rule 3, the opposite party shall plead to the amended pleading, or amend his pleading, within the time he then has to plead or within eight days from the delivery of the amendment, whichever shall be the longer; and in case the opposite party has pleaded before the delivery of the amendment, and does not plead again or amend within the time above mentioned, he shall be deemed to rely on his original pleading in answer to such amendment. 6. In all cases not provided for by the preceding rules of this Order, application for leave to amend may be made by either party to the Court before or at the trial of the action, and such amendment may be allowed upon such terms as to costs or otherwise as may be just. 7. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid, or of such fourteen days as the case may be, become ipso facto void, unless the time is extended by the Court. 9. Whenever any indorsement or pleading is amended, the same when amended, shall be marked with the date of the order, if any, under which the same is so amended, and of the day on which such amendment is made, in manner following, viz.: "Amended the day of pursuant to order of dated the day of ." 10. Whenever any indorsement or pleading is amended, such amended document shall be delivered to the opposite party within the time allowed for amending the same. 11. Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court on motion without an appeal. 12. The Court may at any time, and on such terms as to costs or otherwise as the Court may think just, amend any defect or error in any proceedings, and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings. 13. The costs of and occasioned by any amendment made pursuant to rules 2 and 3 shall be borne by the party making the same, unless the Court shall otherwise order. ORDER 29. SECURITY FOR COSTS. 1. When a party shall require security for costs from another party, he shall be at liberty to apply by notice to the party for such security; and in case the latter shall not, within forty-eight hours after service thereof, undertake by notice to comply therewith, the party requiring the security shall be at liberty to apply to the Court for an order that the said party do furnish such security. 2. A defendant shall not be entitled to an order for security for costs solely on the ground that the plaintiff resides in Northern Ireland. 3. No defendant shall be entitled to an order for security for costs by reason of any plaintiff being resident out of the jurisdiction of the Court, unless upon a satisfactory affidavit that such defendant has a defence upon the merits. 4. A plaintiff ordinarily resident out of the jurisdiction may be ordered to give security for costs though he may be temporarily resident within the jurisdiction. 5. If a person brings an action for the recovery of land after a prior action for the recovery of the same has been brought by such person or by any person through or under whom he claims, against the same defendant, or against any person through or under whom he defends, the Court may at any time order that the plaintiff shall give to the defendant security for the defendant's costs, whether the prior action has been disposed of by discontinuance or by non-suit or by judgment for the defendant. 6. Where the Court shall have made an order that a party do furnish security for costs, the amount of such security and the time or times at which, and the manner and form in which, and the person or persons to whom, the same shall be given shall, subject to rule 7, be determined by the Master in every case. 7. Where a bond is to be given as security for costs, it shall, unless the Master shall otherwise direct, be given to the party or person requiring the security, and not to an officer of the Court. Provided that in any matrimonial cause or matter where security for costs is to be given by bond the bond shall be given to the Master. ORDER 30. SIDE-BAR ORDERS. The following shall be the side-bar orders of the Court:— (1) For plaintiff, lately an infant to proceed in his own name, he having attained his full age (in cases not coming within Order 15, rule 16). (2) To proceed against a defendant, lately an infant, he having attained his full age (in cases not coming within Order 15, rule 16). (3) To proceed notwithstanding the death of a party, his right surviving. (4) To proceed by or against a new Attorney General. (5) That a party do furnish a rental. (6) That tenants do pay their rents to receiver, sequestrator, guardian, or administrator pendente lite. (7) That persons indebted to personal estate do pay the sums due by them to receiver or administrator (8) For injunction to sheriff to put purchaser into possession. (9) For injunction to sheriff to put tenant into possession. (10) To discharge receiver over lands sold by the Land Judge, or over lands comprised in a vesting order made or an agreement fiated by the Irish Land Commission (on production of a certificate of the Irish Land Commission that such vesting order has been made or such agreement fiated, and of the advance having been made in respect of such lands). (11) To confirm sale absolutely. (12) To receive a consent and make the same a rule of Court in cases heretofore usual. (13) To make a conditional order absolute on a certificate of no cause, and to make an order directing payment of such costs (if any) as were reserved on the making of the conditional order. (15) To proceed compromise off. (16) To change solicitor in matrimonial causes or matters under Order 70, rule 69. (17) That the non-appearance of a party cited be taken as a renunciation of his right to probate or administration under Order 79, rule 57. (18) That a party cited extract probate or administration, or that his not doing so be taken as a renunciation of his right under Order 79, rule 58. (19) In admiralty — to receive agreements in writing under Order 64, rule 52. Save as aforesaid no side-bar order shall be entered or made. ORDER 31. INTERROGATORIES, DISCOVERY AND INSPECTION. 1. In any cause or matter where relief by way of damages or otherwise is sought on the ground of fraud or breach of trust, the plaintiff may at any time after delivering his statement of claim, and a defendant may at or after the time of delivering his defence, without any order for that purpose, and in every other cause or matter any party may by leave of the Court, upon such terms as to security for costs or otherwise as the Court may direct, deliver interrogatories in writing for the examination of the opposite parties, or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof, stating which of such interrogatories each of such persons is required to answer: provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose; provided also that interrogatories which do not relate to any matters in question in the cause or matter shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness. 2. A copy of the interrogatories proposed to be delivered shall be delivered with the notice of application for leave to deliver them, unless the Court shall otherwise order, and the particular interrogatories sought to be delivered shall be submitted to and considered by the Court. In deciding upon such application, the Court shall take into account any offer which may be made by the party sought to be interrogated, to deliver particulars, or to make admissions, or to produce documents, relating to any matter in question. Leave shall be given as to such only of the interrogatories as shall be considered necessary either for disposing fairly of the cause or matter or for saving costs. 3. In adjusting the costs of the cause or matter inquiry shall at the instance of any party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the Taxing Master or of the Court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault. 4. Interrogatories shall be in the Form No. 8 in Appendix C. 5. If any party to a cause or matter be a body corporate or a joint stock company, whether incorporated or not, or any other body of persons, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation, company, or body, and an order may be made accordingly. 6. Any objection to answering any one or more of several interrogatories on the ground that it is or they are scandalous or irrelevant, or not bona fide for the purpose of the cause or matter, or that the matters inquired into are not sufficiently material at that stage, or on any other ground, may be taken in the affidavit in answer. 7. Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary, or scandalous: and any application for this purpose may be made within seven days after service of the interrogatories. 8. Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the Court may allow. 9. An affidavit in answers to interrogatories shall be in the Form No. 9 in Appendix C. 10. No exception shall be taken to any affidavit in answer but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the Court on motion. 11. If any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the Court for an order requiring him to answer, or to answer further, as the case may be; and an order may be made requiring him to answer or answer further, either by affidavit or by viva voce examination, as the Court may direct. 12. (1) Any party may, without filing any affidavit, apply to the Court for an order directing any other party to any cause or matter to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the cause or matter, or make such order on such terms as to security for the costs of discovery or otherwise and either generally or limited to certain classes of documents as may be thought fit. (2) On any such application the Court, in lieu of ordering an affidavit of documents to be filed, may order that the party from whom discovery is sought shall deliver to the opposite party a list of the documents which are or have been in his possession, custody, or power, relating to the matters in question. Such list shall, as nearly as may be, follow the form of the affidavit prescribed in rule 13. The ordering of the delivery of such list shall not preclude the Court from afterwards ordering the making and filing of an affidavit of documents. (3) An order shall not be made under this rule if and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs. 13. The affidavit, to be made by a party against whom such order as is mentioned in rule 12 (1), has been made, shall specify which, if any, of the documents therein mentioned he objects to produce, and it shall be in the Form No. 10 in Appendix C. 14. The Court may at any time during the pendency of any cause or matter, order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such cause or matter, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just. 15. Every party to a cause or matter shall be entitled at any time, by notice in writing, to give notice to any other party, in whose pleadings, or affidavit or list of documents reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his solicitor, and to permit copies thereof to be taken; and any party not complying with such notice shall not afterwards be at liberty to put any such documents in evidence on his behalf in such cause or matter, unless he shall satisfy the Court that such document relates only to his own title, he being a defendant to the cause or matter, or that he had some other cause or excuse which the Court shall deem sufficient for not complying with such notice; in which case the Court may allow the same to be put in evidence on such terms as to costs and otherwise as the Court shall think fit. 16. Notice to any party to produce any documents referred to in his pleadings or affidavit or list of documents shall be in the Form No. 11 in Appendix C. 17. The party to whom such notice is given, shall, within two days from the receipt of such notice, if all the documents therein referred to have been set forth by him in such affidavit or list as is mentioned in rule 13, or if any of the documents referred to in such notice have been set forth by him in any such affidavit or list, then within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof, at which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, or in the case of bankers' books or other books of account, or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall be in the Form No. 12 in Appendix C. 18. (1) If the party served with notice under rule 15 omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of his solicitor, the Court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit;

and, except in the case of documents referred to in the pleadings or affidavits of the party against whom the application is made, or disclosed in his affidavit or list of documents, such application shall be founded upon an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them and that they are in the possession or power of the other party. (2) An order shall not be made under this rule if and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs. 19. If the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, the Court may, if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the cause or matter, or that for any other reason it is desirable that any issue or question in dispute in the cause or matter should be determined before deciding upon the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection. 20. (1) Where inspection of any business books is applied for, the Court may, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations, or alterations. Provided that, notwithstanding that such copy has been supplied, the Court may order inspection of the book from which the copy was made. (2) Where on an application for an order for inspection privilege is claimed for any document, the Court may inspect the document for the purpose of deciding as to the validity of the claim for privilege. (3) The Court may, on the application of any party to a cause or matter at any time, and whether an affidavit or list of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether any one or more specific documents, to be specified in the application, is or are, or has or have at any time been in his possession or power; and, if not then in his possession, when he parted with the same, and what has become thereof. Such application shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has, or has at some time had, in his possession or power the document or documents specified in the application, and that they relate to the matters in question in the cause or matter, or to some of them. 21. If any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall be liable to attachment. He shall also, if a plaintiff be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating may apply to the Court for an order to that effect, and an order may be made accordingly. 22. Service of an order for interrogatories or discovery or inspection made against any party on his solicitor shall be sufficient service to found an application for an attachment for disobedience to the order. But the party against whom the application for attachment is made may show in answer to the application that he has had no notice or knowledge of the order. 23. A solicitor, upon whom an order against any party for interrogatories or discovery or inspection is served under rule 22, who neglects without reasonable excuse to give notice thereof to his client, shall be liable to attachment. 24. Any party may, at the trial of a cause, matter, or issue, use in evidence any one or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the whole of such answer; provided always that in such case the Court may look at the whole of the answers, and if it shall be of opinion that any others of them are so connected with those put in that the last-mentioned answers ought not to be used without them, it may direct them to be put in. 25. In every cause, or matter, the costs of discovery, by interrogatories, or otherwise, shall unless otherwise ordered by the Court, be allowed, as part of the costs of the party seeking discovery, either as between party and party or solicitor and client, where, and only where, such discovery shall be certified by the Court at the trial, or, if there is no trial, shall appear to the Court, or to the Taxing Master, upon special grounds to be certified by such Taxing Master, to have been reasonably asked for. 26. In any action against or by a sheriff or county registrar in respect of any matters connected with the execution of office of sheriff, the Court may, on the application of either party, order that the affidavit to be made in answer either to interrogatories or to an order for discovery shall be made by the officer actually concerned. 27. This Order shall apply to infant plaintiffs and defendants and to their next friends and guardians ad litem. 28. This Order shall not authorise an order for discovery or inspection being made against an informant suing on behalf of the State or the People, and every such informant shall be entitled without an order for that purpose to deliver interrogatories at any time before issue joined. 29. Any person not a party to the cause or matter before the Court who appears to the Court to be likely to have or to have had in his possession custody or power any documents which are relevant to an issue arising or likely to arise out of the cause or matter or is or is likely to be in a position to give evidence relevant to any such issue may by leave of the Court upon the application of any party to the said cause or matter be directed by order of the Court to answer such interrogatories or to make discovery of such documents or to permit inspection of such documents. The provisions of this Order shall apply mutatis mutandis as if the said order of the Court had been directed to a party to the said cause or matter provided always that the party seeking such order shall indemnify such person in respect of all costs thereby reasonably incurred by such person and such costs borne by the said party shall be deemed to be costs of that party for the purposes of Order 99. ORDER 32. ADMISSIONS. 1. Any party to a cause or matter may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party. 2. Either party may call upon the other party to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such documents shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, unless at the trial or hearing the Court shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the Taxing Master, a saving of expense. 3. A notice to admit documents shall be in the Form No. 13 in Appendix C. 6. Any party may at any stage of a cause or matter, where admissions of fact have been made, either on the pleadings or otherwise apply to the Court for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties, and the Court may upon such application make such order, or give such judgment, as the Court may think just. 8. Notice to produce documents shall be in the Form No. 16 in Appendix C. An affidavit of the solicitor, or his clerk, of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served. 9. If a notice to admit or produce comprises documents which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice. ORDER 33. ISSUES, ACCOUNTS AND INQUIRIES. 1. Where in any cause or matter it appears to the Court that the issues of fact in dispute are not sufficiently defined, the parties may be directed to prepare issues, and such issues shall, if the parties differ, be settled by the Court. 2. The Court may, at any stage of the proceedings in a cause or matter, direct any necessary inquiries to be made or accounts taken, notwithstanding that it may appear that there is some special or further relief sought or some special issue to be tried, as to which it may be proper that the cause or matter should proceed in the ordinary manner. 3. The Court may, either by the judgment or order directing an account to be taken, or by any subsequent order, give special directions with regard to the mode in which the account is to be taken or vouched, and in particular may direct that in taking the account, the books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objections thereto as they may be advised. 4. Where any account is directed to be taken, the accounting party, unless the Court shall otherwise direct, shall make out his account and verify the same by affidavit. The items on each side of the account shall be numbered consecutively and the account shall be referred to by the affidavit as an exhibit and be left in the proper office. 5. Any party seeking to charge any accounting party beyond what he has by his account admitted to have received or objecting to the allowance of any sum claimed as a disbursement in such account, shall give notice in writing to the accounting party, stating, so far as he is able, the amount sought to be charged or the items objected to (as the case may be), the particulars thereof and (in the case of an objection) the reasons therefor in a short and succinct manner; and such accounting party shall be at liberty to reply to such charge or objection (as the case may be) by giving notice in writing to such first-named party, the particulars in such reply to be also stated in a short and succinct manner. Any notice in writing given under this rule shall be given within such time or times as the officer taking the account may generally or in any particular case fix. Such notice shall be in the Form No. 13 in Appendix G. 6. Every judgment or order for a general account of the personal estate of a testator or intestate shall contain a direction for an inquiry as to what parts (if any) of such personal estate are outstanding or, undisposed of, unless the Court shall otherwise direct. 7. A judgment or order for an account given or made on behalf of an incumbrancer shall direct an account to be taken of all incumbrances subsequent as well as prior to, or contemporaneous with the plaintiff's demand, and an inquiry as to the respective priorities of all such demands as shall be proved; and when any surplus produce of any sale, had under such judgment or order, after payment of the demands and costs of the plaintiff, and prior and contemporaneous incumbrances shall remain in Court, the same shall be distributed amongst the incumbrancers who may have proved their demands in the cause, according to their priorities, if the Court shall so order: Provided always, that if the Court shall be of opinion that extending the account to incumbrances subsequent to the demand of the plaintiff will improperly delay the plaintiff in recovering his demand, the account shall be confined to the rights of the plaintiff, and of incumbrancers prior to and contemporaneous with him. 8. Any incumbrancer subsequent in order of priority to the demand of the plaintiff, in case any lands or property the subject of such suit shall remain unsold, after provision for the plaintiff's demands and those of prior incumbrancers, shall be at liberty to apply to the Court for an order directing a sale of such unsold lands or property, or a competent part thereof, for payment of the demands subsequent to that of the plaintiff, which may have been proved as aforesaid; and the Court may accordingly direct such sale, if of opinion that such incumbrancers, or any of them, would be entitled to have their demands raised by a sale of such lands or property; or may direct a receiver to be appointed or continued over such unsold land or property, for the benefit of such subsequent incumbrancers and distribute the funds to be received by such receiver accordingly. 9. Where by any judgment or order, any accounts are directed to be taken or inquiries to be made, each such direction shall be numbered, so that, as far as may be, each distinct account and inquiry may be designated by a number and such judgment or order shall be in the Form No. 29 in Appendix G. 10. In taking any account directed by any judgment or order, all just allowances shall be made without any direction for that purpose. 11. If it shall appear to the Court on the representation of the Examiner or otherwise that there is any undue delay in the prosecution of any accounts or inquiries or in any other proceedings under any judgment or order, the Court may require the party having the conduct of the proceedings, or any other party, to explain the delay, and may thereupon make such order with regard to expediting the proceedings or the conduct thereof, or the stay thereof, and as to the costs of the proceedings, as the circumstances of the case may require; and for the purposes aforesaid, any party, or a special solicitor to be named by the Court for the purpose, may be directed to summon the persons whose attendance is required, and to conduct any proceedings, and carry out any directions which may be given; and any costs of such special solicitor shall be paid by such parties or out of such funds as the Court may direct; and if any such costs be not otherwise paid, the same shall be paid out of such moneys (if any) as the Oireachtas may provide. ORDER 34. SPECIAL CASE. 2. If it appear to the Court that there is in any cause or matter a question of law, which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to an arbitrator, the Court may make an order accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case or in such other manner as the Court may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed. 4. No special case in any cause or matter to which an infant, or person of unsound mind not so found by inquisition, is a party, shall be set down for argument without leave of the Court, the application for which must be supported by sufficient evidence that the statements contained in such special case, so far as the same affect the interest of such infant, or person of unsound mind, are true. 5. Either party may enter a special case for argument by delivering to the proper officer a memorandum of entry, in the Form No. 26 in Appendix C, and also if any infant, or person of unsound mind, not so found by inquisition be a party to the cause or matter, producing a copy of the order giving leave to enter the same for argument. 6. The parties to a special case may, if they think fit, enter into an agreement in writing, that, on the judgment of the Court being given in the affirmative or negative of the questions of law raised by the special case, a sum of money, fixed by the parties, or to be ascertained by the Court, or in such manner as the Court may direct, shall be paid by one of the parties to the other of them, either with or without costs of the cause or matter; and the judgment of the Court may be entered for the sum so agreed or ascertained, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless stayed on appeal. 7. This Order shall apply to every special case stated in a cause or matter, or in any proceeding incidental thereto, and to any special case stated for the opinion of the Court in pursuance of any statute relating to the Revenue so far as the same is not inconsistent with the provisions of such statute. 8. Any special case may hereafter be stated for the same purposes as provided by the Chancery (Ireland) Act, 1867 (30 & 31 Vic. c. 44) and the provisions of the said Act shall apply to such case, save in so far as the same may be inconsistent with this Order. ORDER 35. ISSUES OF FACT WITHOUT PLEADINGS. 1. When the parties to a cause or matter are agreed as to the questions of fact to be decided between them, they may, after issue of the summons and before judgment, by consent and order of the Court, proceed to the trial of any such questions of fact without formal pleadings; and such questions may be stated for trial in an issue in the Form No. 17 in Appendix C, and such issue may be entered for trial and tried in the same manner as any issue joined in an ordinary action, and the proceedings shall be under the control and jurisdiction of the Court, in the same way as the proceedings in an action. 2. The Court may by consent of the parties order that, upon the finding in the affirmative or negative of such issue as in rule 1 mentioned, a sum of money, fixed by the parties, or to be ascertained upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other of them either with or without the costs of the cause or matter. 3. Upon the finding of any such issue, as in rule 1 mentioned, judgment may be entered for the sum so agreed or ascertained as aforesaid, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless the Court shall order a stay of execution with a view to an appeal. 4. The proceedings upon such issue, as in rule 1 mentioned, may be recorded at the instance of either party, and the judgment, whether actually recorded or not, shall have the same effect as any other judgment in a contested action. ORDER 36. TRIAL. Place and mode of trial. 1. All proceedings in the High Court shall be tried at the Four Courts, Dublin, unless otherwise ordered or provided by statute or by these Rules. 2. ( ) Subject to the provisions of paragraph ( ) of this rule, an application by any party for an order for the trial of any proceedings elsewhere than in Dublin may be made to a Judge at any time after the close of the pleadings by motion on notice to the other party or parties to such proceedings or, if such other party or parties consent thereto, by motion ) In the case of any proceedings which the parties are entitled as of right to have tried with a jury, notice of trial may be served for any of the following venues—Cork, Limerick, Galway, Sligo, Dundalk, Kilkenny without prior application to the Court, and the matter may be set down for trial at such venue. ) In the event of any party serving a notice of trial for a venue under paragraph 2 ( ) of this rule any other party may apply to the Court by notice of motion to vary the venue. 3. A notice of trial shall be served in all actions commenced by plenary summons or adjourned for plenary hearing (other than probate and admiralty actions) and all such actions or matters shall be set down for trial in the Central Office. Motions to set aside a notice of trial shall be brought within four days after service of the notice complained of. 4. The plaintiff in probate and admiralty actions commenced by plenary summons and the petitioner in matrimonial matters commenced by petition, shall apply, by motion on notice to the Master for directions, and the Master, or the Court, if the Master shall have placed the motion in the Court list, shall fix the time and mode of trial and make any ancillary order with respect of pleadings, particulars, discovery, interrogatories, inspection of documents, inspection of real or personal property, commissions, examination of witnesses, settlement of issues, or otherwise, which may be necessary or expedient. Provided that in case the plaintiff in any such probate or admiralty action or the petitioner in any such matrimonial matters shall fail so to apply within fourteen days from the delivery of the last pleading, any defendant or any respondent, as the case may be, may apply for directions as aforesaid. 5. All causes or matters, which the parties are not entitled as of right to have tried with a jury, shall be tried by a Judge without a jury, unless the Court shall otherwise order. 6. In all cases not within rule 5, the party serving notice of trial shall state in such notice whether he requires that the issues of fact shall be tried with or without a jury, and in case he requires the same to be tried without a jury, the same shall be so tried, unless the other party or parties, or any of them, shall within fourteen days from the service of notice of trial, or within such time as the Court may allow, signify his desire by notice in writing to have the same tried with a jury, whereupon the same shall be so tried. 7. The Court may, if it shall appear desirable, direct a trial without a jury of any question or issue of fact, or partly of fact and partly of law, arising in any cause or matter which, without any consent of parties, can be tried without a jury, and such trial may, if so ordered by the Court, take place at the same time as the trial by a jury of any issues of fact in the same cause or matter. 8. If it be made to appear at any time after the issuing of the proceedings to the satisfaction of the Court upon the application of either party that the matter in dispute consists wholly or in part of matters of account which cannot conveniently be tried in the ordinary way, the Court upon such application may decide such matter in a summary manner, or order that such matter, either wholly or in part, be referred to an arbitrator appointed by the parties or to the Master or Examiner upon such terms as to costs and otherwise as the Court shall think reasonable. 9. Subject to the provisions of the preceding rules of this Order, the Court may in any cause or matter, at any time or from time to time, order that different questions of fact arising therein be tried by different modes of trial, or that one or more questions of fact be tried before the others, and in all cases may order that one or more issues of fact be tried before any other or others. 10. Every trial of any question or issue of fact with a jury shall be by a Judge, unless such trial be specially ordered to be by two or more Judges. . Notice of trial and setting down. 11. Notice of trial may be given in any cause or matter by the plaintiff or other party in the position of plaintiff. Such notice may be given with the reply (if any) whether it closes the pleadings or not, or at any time after the issues of fact are ready for trial. 12. ( ) If the plaintiff in any action does not within three weeks after the close of the pleadings give notice of trial, the defendant may on notice to the plaintiff apply to the Court for liberty to give notice of trial, and on the hearing of such application the Court may make such order, on such terms, as to the Court shall seem just. ) If the plaintiff in any action does not within six weeks after the close of the pleadings, or within such extended time as the Court may allow, give notice of trial, the defendant may, before notice of trial given by the plaintiff, give notice of trial (which, in cases where the plaintiff is entitled as of right to a jury, shall be for trial with a jury), or may apply to the Court to dismiss the action for want of prosecution; and on the hearing of such application, the Court may order the action to be dismissed accordingly, or may make such other order, and on such terms, as to the Court may seem just. 13. If within fourteen days after the order of the Master or the Court fixing the time and mode of trial the petitioner shall not enter a matrimonial proceeding for trial, the respondent may enter such proceeding for trial, or may apply to the Court to dismiss the petition for want of prosecution. 14. If within fourteen days after the order of the Master or the Court fixing the time and mode of trial, the plaintiff in a probate or an admiralty action shall not enter the action for trial, the defendant may enter the action for trial. 15. Notice of trial shall state whether it is for the trial of the cause or matter or of issues therein, and shall be in one of the Forms Nos. 18 and 19 in Appendix C. 16. Twenty-one days' notice of trial shall be given, unless the party to whom it is given has consented, or is under terms, or has been ordered, to take short notice of trial; and shall be sufficient in all cases, unless otherwise ordered by the Court. Short notice of trial shall be four days' notice, unless otherwise ordered. 17. Notice of trial shall be given before setting down the action for trial. 18. Unless, within fourteen days after notice of trial is given the action shall be set down by one party or the other, the notice of trial shall be no longer in force. 19. Notice of trial or the setting down or entering for trial shall not be or operate as for any particular sittings; but shall be deemed to be for any day after the expiration of the notice on which the trial may come on in its order upon the list. 20. No notice of trial shall be countermanded except by consent or by leave of the Court, which leave may be given subject to such terms as to costs, or otherwise, as may be just. 21. If the party giving notice of trial omits to set down the action within seven days after giving notice of trial, the party to whom notice has been given may, unless the notice has been countermanded under rule 20, set down the action subject to rule 18. 22. The officer having the management of the Central Office for the time being shall be the proper officer to make entries and render accounts of all fines or penal sums imposed by the Court. 23. When any cause or matter shall have been adjourned for further consideration, the same may, after the expiration of eight days, and within fourteen days from the filing of the Examiner's certificate, be set down for further consideration, on the written request of the solicitor for the plaintiff or party having the conduct of the proceedings, and after the expiration of such fourteen days the cause or matter may be set down by the Registrar on the written request of the solicitor for the plaintiff or for any other party; and in either case, upon production of the judgment or order adjourning further consideration, or a copy thereof and a copy of the Examiner's certificate or a memorandum of the date when the certificate was filed, indorsed on the request by the proper officer. The request may be in the form No. 27 in Appendix G. The cause or matter when so set down shall not be put into the list for further consideration until after the expiration of six days from the day on which the same was so set down. Notice thereof shall be given to the other parties in the action at least four days before the day for which the same may be so marked for further consideration. Such notice may be in the Form No. 28 in Appendix G. Papers for Judge. 24. The party desiring to set down the proceedings for trial shall do so by delivering to the proper officer a copy of the notice of trial together with two copies of the whole of the pleadings, and of any letter or notice for particulars and reply thereto, one of which shall be for the use of the Judge at the trial. 25. The party entering a probate action for trial shall, together with the two copies of the whole pleadings, deliver to the proper officer a list with names and dates of all caveats, warnings, citations and appearances lodged, filed, issued or entered down to the date of such delivery and a copy of the order fixing the time and mode of trial. 26. The party entering for trial a matrimonial proceeding commenced by petition shall deliver to the proper officer two copies of the whole of the pleadings, and a copy of the order fixing the time and mode of trial and the issues to be tried. 27. The party entering any proceedings for trial or his solicitor shall lodge a separate certificate certifying that all copies lodged are true copies. Proceedings at trial. 28. If, when a trial is called on, the plaintiff appears, and the defendant does not appear, the plaintiff may prove his claim, so far as the burden of proof lies upon him. 29. In an action for the recovery of land, in case the title of the plaintiff shall appear to have existed as alleged in the summons at the time of service thereof, but it shall also appear to have expired before the time of trial, the plaintiff shall, notwithstanding, be entitled to a verdict according to the fact that he was so entitled at the time of bringing the action and serving the summons, and to a judgment for his costs of suit. 30. In an action for the recovery of land, if the plaintiff appears and the defendant does not appear, the plaintiff shall be entitled to a verdict, without any proof of his title, and in case of an action for the recovery of land, grounded on title, shall be entitled to prove the amount of damages sustained by reason of the loss of the mesne rates and profits, and in case of an action for the recovery of land for non-payment of rent, shall be entitled to prove the amount of rent actually due, and to have a verdict for the same. 31. In cases coming within rule 30, where the action is for the recovery of land for non-payment of rent, the amount of rent due may be proved by the affidavit of the landlord, his agent, receiver or clerk. 32. If, when a trial is called on, the defendant appears, and the plaintiff does not appear, the defendant, if he has no counter-claim, shall be entitled to judgment dismissing the action, but, if he has a counter-claim, then he may prove such counter-claim so far as the burden of proof lies upon him. 33. Any verdict or judgment obtained where one party does not appear at the trial may be set aside by the Court upon such terms as may seem fit, upon an application made within six days after trial. 34. The Judge may, if he thinks it expedient for the interests of justice, postpone or adjourn a trial for such time, and upon such terms, if any, as he shall think fit. 35. Upon a trial with a jury, the addresses to the jury shall be regulated as follows: the party who begins, or his counsel, shall be allowed at the close of his case, if his opponent does not announce any intention to adduce evidence, to address the jury a second time for the purpose of summing up the evidence, and the opposite party, or his counsel, shall be allowed to open his case, and also to sum up the evidence, if any, and the right to reply shall be the same as heretofore. 36. In actions for libel or slander, in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander was published, or as to the character of the plaintiff, without the leave of the Judge, unless seven days at least before the trial he furnished particulars to the plaintiff of the matters as to which he intends giving evidence. 37. The Judge may in all cases disallow any questions put in cross-examination of any party or other witness which may appear to him to be vexatious, and not relevant to any matter proper to be inquired into in the cause or matter. 38. The Judge may, at or after a trial, direct that judgment be entered for any or either party, or adjourn the case for further consideration before him. No judgment shall be entered after a trial without the order of the Judge. 39. Upon every trial the Registrar or other proper officer shall record all such findings of fact as the Judge may direct and the directions, if any, of the Judge as to judgment, and the certificates, if any, granted by the Judge, in a book to be kept for the purpose. 40. If the Judge shall direct that any judgment be entered for any party, the Registrar or other proper officer shall enter judgment accordingly. 41. Trials with assessors shall take place in such manner and upon such terms as the Court shall direct. 42. In every action tried by a Judge with a jury in which damages are claimed for injury to person and property caused by the negligent driving of a mechanically propelled vehicle the liability for which is required to be covered by an approved policy of insurance under the Road Traffic Act, 1961 , section 56, the Judge shall direct the jury to apportion the damages (if any) awarded between the injury to person and the injury to property. Reference to Master as to damages. 43. The arrangement and regulation of the course of proceeding under a reference to the Master as to damages shall be wholly subject to the control and direction of the Master. 44. The evidence in all cases shall be taken down at the time by the Master, and preserved by him. 45. The result of the inquiry before the Master shall be stated in a certificate signed by him, and such certificate, when settled, shall be engrossed, and when signed shall be filed, and thereupon such certificate shall stand confirmed unless within four days after the filing thereof a notice of motion be served to set aside or vary the same. 46. Every such notice of motion shall specify the grounds on which it is intended to apply to set aside or vary such certificate. 47. Where the Master's certificate shall stand confirmed under rule 44, or shall on such motion as therein mentioned be confirmed, final judgment may forthwith be entered accordingly. 48. In every action or proceeding in which it shall appear to the Court that the amount of damages sought to be recovered is substantially a matter of calculation, the Court may direct that the amount for which final judgment is to be entered shall be ascertained by the Master or other proper officer of the Court, and the attendance of witnesses and the production of documents before the Master or such officer may be compelled by , and the Master or such officer may adjourn the inquiry from time to time, and shall certify the amount found by him, and the like proceedings may thereupon be had as to taxation of costs, entering judgment, and otherwise, as upon the finding of a jury. 49. Where damages are to be assessed in respect of any continuing cause of action, they shall be assessed down to the time of the assessment. ORDER 37. HEARING OF PROCEEDINGS COMMENCED BY SUMMARY SUMMONS. 2. Save in so far as the Court shall otherwise order, a motion for liberty to enter judgment under this Order shall be heard on affidavit: provided that any party desiring to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party may serve upon the party by whom such affidavit has been filed a notice in writing requiring the production of the deponent for cross-examination, and unless such deponent is produced accordingly his affidavit shall not be used as evidence unless by the special leave of the Master or the Court, as the case may be. In cases in which the Master has jurisdiction, he shall have the same power as the Court to hear oral evidence. 4. Upon the hearing of any such motion, the Master, in all uncontested cases, may deal with the matter summarily, and may give liberty to enter judgment for the relief to which the plaintiff may appear to be entitled and, for that purpose, in the case of an action for the recovery of land for non-payment of rent, may ascertain the amount of rent due, or he may dismiss the action and generally may make such order for the determination of the action as may seem just. 5. If, in any case in which a plaintiff is entitled to apply to the Master for liberty to enter final judgment under any of the preceding rules of this Order, the plaintiff claims interest on the whole or any part of the sum of money for which the plaintiff is entitled to apply to the Master as aforesaid between the date on which the cause of action accrued and the date of judgment under section 22 of the Courts Act, 1981 6. In contested cases, the Master shall transfer the case, when in order for hearing by the Court, to the Court list for hearing on the first opportunity; and, for this purpose, the Master may extend the time for filing affidavits and give such directions and adjourn the case before himself as he shall think fit. The Master may also, on consent, adjourn the case for plenary hearing as if the proceedings had been originated by plenary summons, with such directions as to pleadings, discovery, settlement of issues or otherwise as may be appropriate. 7. Upon the hearing of any such motion by the Court, the Court may give judgment for the relief to which the plaintiff may appear to be entitled or may dismiss the action or may adjourn the case for plenary hearing as if the proceedings had been originated by plenary summons, with such directions as to pleadings or discovery or settlement of issues or otherwise as may be appropriate, and generally may make such order for determination of the questions in issue in the action as may seem just. 8. Except in actions for the recovery of land for non-payment of rent, if it appear that the defence set up by the defendant applies only to a part of the plaintiff's claim, or that any part of his claim is admitted, the plaintiff shall have judgment forthwith for such part of his claim as the defence does not apply to or as is admitted, subject to such terms, if any, as to suspending execution, or the payment of the amount levied or any part thereof into Court by the sheriff, the taxation of costs, or otherwise, as the Court may think fit; and the defendant may be allowed to defend as to the residue of the plaintiff's claim. 9. If it appears to the Court that any defendant has a good defence to or ought to be permitted to defend the action, and that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff shall be entitled to enter final judgment against the latter, and may issue execution upon such judgment without prejudice to his right to proceed with his action against the former. 10. Leave to defend may be given unconditionally or subject to such terms as to give security, or time and mode of trial, or otherwise as the Court may think fit. 11. If, on the hearing of any motion under this Order, it shall appear that any claim which could not have been specially indorsed under Order 2 has been included in the indorsement on the summons, the Master or the Court, as the case may be, may forthwith amend the indorsement by striking out such claim, or may deal with the claim specially indorsed as if no other claim had been included in the indorsement, and allow the action to proceed as respects the residue of the claim. 12. In any case of difficulty or doubt the Master may transfer the case to the Court list for hearing notwithstanding that he might have had jurisdiction to deal with the case himself under this Order. 13. Where a summary summons has been indorsed with a claim for an account under Order 2, or where the indorsement on a summons involves taking an account, and the defendant fails to appear, the Master shall forthwith make an order for the proper accounts, with all necessary inquiries and directions. 14. Where a summary summons has been indorsed with a claim for an account under Order 2, or where the indorsement on a summons involves taking an account, and the defendant does not after appearance, by affidavit or otherwise, satisfy the Court that there is some preliminary question to be tried, the Court shall forthwith make an order for the proper accounts, with all necessary inquiries and directions. 15. An application for such order as is mentioned in rule 13, or rule 14, shall be made by motion on notice, and be supported by an affidavit, when necessary, filed on behalf of the plaintiff, stating concisely the grounds of his claim to an account. The application may be made at any time after the time for entering an appearance has expired. ORDER 38. HEARING OF PROCEEDINGS COMMENCED BY SPECIAL SUMMONS. 1. Every special summons shall be returnable for such day as the Master shall fix, which, except in such cases where the parties consent to an earlier date, or where no service is required, shall be not less than seven days from the date of issue, and shall, where necessary, be served on the parties concerned at least four days before the return day. An affidavit verifying the claim indorsed on the summons shall be filed in the Central Office and notice of such filing shall be given to the parties concerned. 2. The Court may direct such other persons to be served with the summons as it may think fit. 3. Save in so far as the Court shall otherwise order, proceedings commenced by special summons shall be heard on affidavit: provided that any party desiring to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party may serve upon the party by whom such affidavit has been filed a notice in writing requiring the production of the deponent for cross-examination, and unless such deponent is produced accordingly his affidavit shall not be used as evidence unless by the special leave of the Court. 4. In cases in which the Master has jurisdiction, he shall have the same power as the Court to hear oral evidence or to direct additional service. 5. In all cases in which he shall have jurisdiction, the Master may decide the matter himself or put it in the Court list for hearing. 6. In all cases in which he shall not have jurisdiction, and in all such other cases which he shall decide to put in the Court list for hearing, the Master shall transfer the summons, when in order for hearing, to the Court list for hearing on the first opportunity. 7. For the purposes of rule 6, or for the purpose of any hearing before himself, the Master may extend the time for filing affidavits and give such directions and adjourn the case before himself as he shall think fit. 8. If at any stage during the course of proceedings instituted by special summons it shall appear to the Court that the determination of some question or questions of fact is necessary for the proper decision or ruling as to the relief to be granted in such proceedings or as to any matter arising therein, the Court may determine such question or questions of fact either by directing the trial of issues in regard thereto or in such other manner (whether summary or otherwise) as may seem convenient for doing justice between the parties; and evidence as to the said question or questions of fact may be given either orally or by affidavit or partly orally and partly by affidavit as the Court may in the circumstances think proper. 9. On the hearing of any special summons, the Master, in a case within his jurisdiction, or the Court, as the case may be, may give judgment for the relief to which the plaintiff may appear to be entitled or may dismiss the action or matter or may adjourn the case for plenary hearing as if the proceedings had been originated by plenary summons with such directions as to pleadings or discovery or settlement of issues or otherwise as may be appropriate, and generally may make such order for determination of the questions in issue in the action or matter as may seem just. 10. The Court may give any special directions touching the carriage or execution of the order, or the service thereof upon persons not parties, as it may think just. ORDER 39. EVIDENCE. 1. In the absence of any agreement in writing between the solicitors of all parties, and subject to these Rules, the witnesses at the trial of any action, or at any assessment of damages, shall be examined viva voce bona fide, desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. 2. An order to read evidence taken in another cause or matter shall not be necessary, but such evidence may, saving all just exceptions, be read on ex parte applications by leave of the Court, to be obtained at the time of making any such application, and in any other case, upon the party desiring to use such evidence giving two days previous notice to the other parties of his intention to read such evidence. 3. Attested copies of all documents filed in the High Court shall be admissible in evidence in all causes and matters and between all persons or parties to the same extent as the originals would be admissible. Examination of witnesses. 4. The Court may, in any cause or matter where it shall appear necessary, make any order for the examination upon oath before the Court, or any officer of the Court, or any other person, and at any place, of any witness, and may allow the deposition of such witness to be adduced in evidence on such terms (if any) as the Court may direct. 5. (1) If in any case the Court shall so order, there shall be issued a request to examine witnesses in lieu of a commission; the forms Nos. 1 and 3 in Appendix D, Part II, shall be used for such order and request, respectively. (2) Where an order is made for the issue of a request to examine a witness or witnesses in any foreign country, with which a convention in that behalf has been or shall be made, the following procedure shall be adopted:— ) the party obtaining such order shall file in the Central Office an undertaking in the Form No. 2 in Appendix D, Part II. ) such undertaking shall be accompanied by— (i) a request in the Form No. 3 in Appendix D, Part II, with such variations as may be directed in the order for the issue thereof, together with a translation of such request into the language of the country in which the same is to be executed; (ii) a copy of the interrogatories (if any) to accompany the request and a translation thereof; (iii) a copy of the cross-interrogatories (if any) and a translation thereof. (3) Where an order is made for the examination of a witness or witnesses before the Irish Consular authority in any foreign country with which a convention in that behalf has been or shall be made, such order shall be in the Form No. 4 in Appendix D, Part II. 6. The Court may in any cause or matter, at any stage of the proceedings, order the attendance of any person for the purpose of producing any writings or other documents named in the order which the Court may think fit to be produced; provided that no person shall be compelled to produce under any such order any writing or other document which he could not be compelled to produce at the hearing or trial. 7. Any person wilfully disobeying any order requiring his attendance for the purpose of being examined or producing any document, shall be deemed guilty of contempt of Court, and may be dealt with accordingly. 8. Any person required to attend for the purpose of being examined, or of producing any document, shall be entitled to the like conduct money and payment for expenses and loss of time as upon attendance at a trial in Court. 9.

Where any witness or person is ordered to be examined before any officer of the Court, or before any person appointed for the purpose, the person taking the examination shall be furnished by the party on whose application the order was made with a copy of the summons, and pleadings, if any, or with a copy of the documents necessary to inform the person taking the examination of the questions at issue between the parties. 10. The examination shall take place in the presence of the parties, their counsel, solicitors, or agents, and the witnesses shall be subject to cross-examination and re-examination. 11. The depositions taken before an officer of the Court, or before any other person appointed to take the examination, shall be taken down in writing by or in the presence of the examiner, so as to represent as nearly as may be the statement of the witness, and when completed shall be read over to the witness and signed by him in the presence of the parties, or such of them as may think fit to attend. If the witness shall refuse to sign the depositions, the examiner shall sign the same. The examiner may put any question to the witness as to the meaning of any answer, or as to any matter arising in the course of the examination. Any questions which may be objected to shall be taken down by the examiner in the depositions, and he shall state his opinion thereon to the counsel, solicitors, or parties, and shall refer to such statement in the depositions, but he shall not have power to decide upon the materiality or relevancy of any question. 12. If any person duly summoned by to attend for examination shall refuse to attend, or if having attended, he shall refuse to be sworn or to answer any lawful question, a certificate of such refusal, signed by the examiner, shall be filed in the Central Office, and thereupon the party requiring the attendance of the witness may apply to the Court ex parte or on the notice for an order directing the witness to attend, or to be sworn, or to answer any question, as the case may be. 13. If any witness shall object to any question which may be put to him before an examiner, the question so put, and the objection of the witness thereto, shall be taken down by the examiner, and transmitted by him to the Central Office to be there filed, and the validity of the objection shall be decided by the Court. 14. In any case under rules 12 and 13, the Court shall have power to order the witness to pay any costs occasioned by his refusal or objection. 15. When the examination of any witness before any examiner shall have been concluded, the original depositions, authenticated by the signature of the examiner, shall be transmitted by him to the Central Office, and there filed. 16. The person taking the examination of a witness under this Order may, and if need be shall make, a special report to the Court touching such examination, and the conduct or absence of any witness or other person thereon, and the Court may direct such proceedings and make such order as upon the report it may think just. 17. Except where by this Order otherwise provided or directed by the Court no deposition shall be given in evidence at the hearing or trial of the cause or matter without the consent of the party against whom the same may be offered, unless the Court is satisfied that the deponent is dead, or beyond the jurisdiction of the Court, or unable from sickness or other infirmity to attend the hearing or trial, in any of which cases the depositions certified under the hand of the person taking the examination shall be admissible in evidence saving all just exceptions without proof of the signature to such certificate. 18. Any officer of the Court or other person, directed to take the examination of any witness or person, may administer oaths. 19. Any party in any cause or matter may by subpoena ad testificandum duces tecum require the attendance of any witness before an officer of the Court, or other person appointed to take the examination, for the purpose of using his evidence upon any proceeding in the cause or matter in like manner as such witness would be bound to attend and be examined at the hearing or trial; and any party or witness having made an affidavit to be used or which shall be used on any proceeding in the cause or matter shall be bound on being served with such to attend before such officer or person for cross-examination. 20. Evidence taken subsequently to the hearing or trial of any cause or matter shall be taken as nearly as may be in the same manner as evidence taken at or with a view to a trial. 21. The practice with reference to the examination, cross-examination, and re-examination of witnesses at a trial shall extend and be applicable to evidence taken in any cause or matter at any stage. 22. The practice of the Court with respect to evidence at a trial, when applied to evidence to be taken before an officer of the Court or other person in any cause or matter after the hearing or trial, shall be subject to any special directions which may be given in any case. 23. No affidavit or deposition filed or made before issue joined in any cause or matter shall without special leave of the Court be received at the hearing or trial thereof, unless within one month after issue joined or within such longer time as may be allowed by special leave of the Court, notice in writing shall have been given by the party intending to use the same to the opposing party of his intention in that behalf. 24. All evidence taken at the hearing or trial of any cause or matter may be used in any subsequent proceedings in the same cause or matter. 25. Where it is intended to apply for the issue of a for that purpose, in the Form No. 1 in Appendix D, Part I, and containing the name or firm and the registered place of business of the solicitor so applying, shall in all cases be delivered and filed at the Central Office. 26. A shall be in one of the Forms Nos. 2 to 5 in Appendix D, Part I. 27. A for the attendance of a witness before the Master or the Examiner may issue from the Central Office upon a note from the Master or Examiner as the case may be. 28. Every other than a subpoena duces tecum shall contain three names where necessary or required, but may contain any larger number of names. 29. No more than three persons shall be included in one subpoena duces tecum , and the party applying for the same shall be at liberty to apply for a for each person if it shall be deemed necessary or desirable. 30. No shall issue for the production of any record in the custody of the Paymaster-General, or other officer of the State, without an order of the Court; and such officer having the custody of any such record shall not be obliged to remove the same under such order from the depository where same is placed without such order, to be served upon him with the subpoena duces tecum. 31. Any officer of the Court required to attend with any record or document at any court or place, elsewhere than in Dublin, shall be entitled to require that the solicitor or party desiring his attendance shall deposit with him a sufficient sum of money to answer his just fees, charges and expenses, in respect of such attendance, and undertake to pay any further just fees, charges, and expenses which may not be fully answered by such deposit. 32. In the interval between the issue and service of any the party applying for the same may correct any error in the names of parties or witnesses, and may have it re-sealed upon leaving a corrected for such marked with the words "altered and re-sealed" and signed with the name and registered place of business of the solicitor applying. 33. The service of a shall be effected by delivering a copy thereof, indorsed with the name and address of the solicitor or party issuing the same, and at the same time producing the original. 34. The service of any shall be of no validity if not made within twelve weeks after its date. Perpetuating testimony. 35. Any person who would under the circumstances alleged by him to exist become entitled, upon the happening of any future event, to any honour, title, dignity, or office, or to any estate or interest in any property, real or personal, the right or claim to which cannot by him be brought to trial before the happening of such event, may commence an action to perpetuate any testimony which may be material for establishing such right or claim. 36. In all actions to perpetuate testimony touching any honour, title, dignity, or office, or any other matter or thing in which the State may have any estate or interest, the Attorney General may be made a defendant, and in all proceedings in which the depositions taken in any such action, in which the Attorney General was so made a defendant, may be offered in evidence, such depositions shall be admissible notwithstanding any objection to such depositions upon the ground that the State was not a party to the action in which such depositions were taken. 37. Witnesses shall not be examined to perpetuate testimony unless an action has been commenced for the purpose. 38. No action to perpetuate the testimony of witnesses shall be set down for trial. Obtaining evidence for foreign tribunals. 39. Where under the Foreign Tribunals Evidence Act, 1856, or the Extradition Act, 1870, section 24, any civil or commercial matter, or any criminal matter, is pending before a court or tribunal of a foreign country, and it is made to appear to the Court, by commission rogatoire , or letter of request or other evidence as hereinafter provided, that such court or tribunal is desirous of obtaining the testimony in relation to such matter of any witness or witnesses within the jurisdiction, the Court may, on the ex parte application of any person shown to be duly authorised to make the application on behalf of such foreign court or tribunal, and on production of the commission rogatoire 40. An order made under rule 39 shall be in the Form No. 1 in Appendix D, Part III. 41. The examination may be ordered to be taken before any fit and proper person nominated by the person applying, or before one of the officers of the Court, or such other qualified person, as to the Court may seem fit. 42. (1) Unless otherwise provided in the order for examination, the person before whom the examination is taken shall, on its completion forward the same to the Master, and on receipt thereof the Master shall append thereto a certificate, in the Form No. 2 in Appendix D, Part III, duly certified for use out of the jurisdiction and shall forward the depositions so certified, and the commission rogatoire or letter of request (if any) to the Minister for Foreign Affairs for transmission to the foreign court or tribunal requiring the same. (2) Where the foreign court or tribunal so desires, the deposition shall be sent direct by the Master to the Consul or other official of the foreign government in Ireland for transmission to the foreign court or tribunal. 43. An order made under rule 39 may direct the said examination to be taken in such manner as may be requested by the commission rogatoire or letter of request from the foreign court or tribunal, or therein signified to be in accordance with the practice or requirements of such court or tribunal, or which may, for the same reason, be requested by the applicant for such order. In the absence of any such special directions being given in the order for examination, the same shall be taken in the manner prescribed in Part II of this Order. 44. Where a commission rogatoire, or letter of request, as mentioned in rule 39, is transmitted to the Chief State Solicitor by the Minister for Foreign Affairs with an intimation that it is desirable that effect should be given to the same without requiring an application to be made to the Court by the agents in Ireland of any of the parties to the action or matter in the foreign country, the Chief State Solicitor may make such applications and take such steps as may be necessary to give effect to such commission rogatoire , or letter of request, in accordance with rules 39 to 43 (inclusive). ORDER 40. AFFIDAVITS. 1. Upon any petition, motion, or other application, evidence may be given by affidavit, but the Court may, on the application of either party, order the attendance for cross-examination of the person making any such affidavit. 2. Save as otherwise provided by these Rules, all affidavits shall be filed in the Central Office. Affidavits used in proceedings to make a minor a ward of Court shall be filed in the Office of Wards of Court. Affidavits used in matters of bankruptcy, arrangement, or insolvency, shall be filed in the Examiner's Office. Affidavits used in non-contentious probate matters shall be filed in the Probate Office. 3. Every affidavit shall be entitled in the cause or matter in which it is sworn; but in every case in which there are more than one plaintiff or defendant, it shall be sufficient to state the full name of the first plaintiff or defendant, respectively, and that there are other plaintiffs or defendants as the case may be; and the costs occasioned by any unnecessary prolixity in any such title shall be disallowed by the Taxing Master. 5. Affidavits sworn in Ireland shall be sworn before a judge, commissioner to administer oaths, or officer empowered to administer oaths, 6. Every commissioner to administer oaths shall express the time when and the place where he shall take any affidavit, or the acknowledgment of any deed, or recognisance, otherwise the same shall not be held authentic, nor be admitted to be filed or enrolled without the leave of the Court; and every such commissioner shall express the time when, and the place where, he shall do any other act incident to his office. 7. All examinations, affidavits, declarations, affirmations and attestations of honour in causes or matters pending in the High Court or the Supreme Court, and also acknowledgments required for the purpose of enrolling any deed in the said Courts, may be taken in any foreign country or place before any Irish diplomatic or consular representative or agent exercising his functions in that country or place or, when there is no such representative or agent or no such representative or agent conveniently near to the deponent in such country or place, before any notary public lawfully authorised to administer oaths in that country or place, or where such country or place is a part of the British Commonwealth of Nations or a British possession, before any judge, court, notary public or person authorised to administer oaths in such part or possession; and the Judges and officers of the High Court and of the Supreme Court shall take judicial notice of the seal or signature, as the case may be, of any such diplomatic or consular representative or agent, judge, court, notary public or other person attached, appended or subscribed to any such examination, affidavit, declaration, affirmation, attestation of honour, or acknowledgment, or to any other deed or document. 9. Every affidavit shall state the description and true place of abode of the deponent; and every affidavit of service shall state when, where, and how, and by whom, such service was effected and in the case of delivery to any person, shall state that the deponent was at the time of such delivery acquainted with the appearance of such person. 10. In every affidavit made by two or more deponents the names of the several persons making the affidavit shall be inserted in the jurat, except that if the affidavit of all the deponents is taken at one time by the same officer it shall be sufficient to state that it was sworn by both ( all) of the "above-named deponents". 11. There shall be on every affidavit a note showing on whose behalf it is filed, and no affidavit shall be filed or used without such note, unless the Court shall otherwise direct. 12. The Court may order to be struck out from any affidavit any matter which is scandalous, and may order the costs of any application to strike out such matter to be paid as between solicitor and client. 13. No affidavit having in the jurat or body thereof any interlineation, alteration, or erasure, shall without leave of the Court be filed, read, or made use of in any matter pending in Court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the person taking the affidavit, nor, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the person taking it. 14. All persons taking affidavits shall certify, in the jurat of every affidavit taken by them either that they know the deponent himself, or some person named in the jurat who certifies his knowledge of the deponent. Where an affidavit is sworn by any person who appears to the officer taking the affidavit to be illiterate or blind, the officer shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent seemed perfectly to understand it, and that the deponent made his signature or mark in the presence of the officer. No such affidavit shall be used in evidence in the absence of this certificate, unless the Court is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent. 15. The Court may receive any affidavit sworn for the purpose of being used in any cause or matter notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received. 16. ( ) In cases in which an original affidavit is allowed to be used it shall, at the time when it is used, be delivered to and left with the proper officer who shall send it to be filed. ) A copy of an affidavit may in all cases be used, the original affidavit having been previously filed, and the copy duly attested. ) A photostatic copy of an original affidavit which has been filed may be used, if certified by the solicitor who has filed the same to be a true copy thereof and that the original thereof has been filed. 17. No affidavit shall be sufficient if sworn before the solicitor acting for the party on whose behalf the affidavit is to be used, or before any agent or correspondent of such solicitor or before the party himself. 18. Any affidavit which would be insufficient if sworn before the solicitor himself shall be insufficient if sworn before his clerk or partner. 19. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless by leave of the Court. 20. Except by leave of the Court no order made ex parte in Court founded on any affidavit shall be of any force unless the affidavit on which the application was made was actually made before the order was applied for, and produced or filed at the time of making the application. 21. Where an injunction or order not to leave the jurisdiction has been granted or made, the party applying for such injunction or order shall furnish copies of the affidavits grounding the same to any party affected thereby upon demand and payment therefor at the rate specified in Order 117. 22. The consent of a trustee to act shall be sufficiently evidenced by a written consent signed by him and verified by the signature of his solicitor or the applicant's solicitor. Affidavits and evidence before the Master or the Examiner. 23. The party intending to use any affidavit in support of any application made before the Master or before the Examiner shall give notice to the other parties concerned of his intention in that behalf. 24. All affidavits which have been previously made and read in Court upon any proceeding in a cause or matter may be used before the Master or the Examiner. 25. Every alteration in an account verified by affidavit to be used before the Master or before the Examiner shall be marked with the initials of the person before whom the affidavit is sworn, and such alterations shall not be made by erasure. 27. Every certificate on an exhibit referred to in an affidavit signed by the person before whom the affidavit is sworn shall be marked with the short title of the cause or matter. Trial on affidavit. 28. Within fourteen days after a consent for taking evidence by affidavit as between the parties has been given, or after an order has been made for such purpose, or within such time as the parties may agree upon, or the Court may allow, the plaintiff shall file his affidavits and deliver to the defendant or his solicitor a list thereof. 29. The defendant, within fourteen days after delivery of such list, or within such time as the parties may agree upon, or the Court may allow, shall file his affidavits, and deliver to the plaintiff or his solicitor a list thereof. 30. Within seven days after the expiration of the last-mentioned fourteen days, or such other time as aforesaid, the plaintiff shall file his affidavits in reply, which affidavits shall be confined to matters strictly in reply, and shall deliver to the defendant or his solicitor a list thereof. 31. When the evidence is taken by affidavit, any party desiring to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party may serve upon the party by whom such affidavit has been filed a notice in writing, requiring the production of the deponent for cross-examination at the trial, such notice to be served at any time before the expiration of fourteen days next after the end of the time allowed for filing affidavits in reply, or within such time as in any case the Court may specially appoint; and unless such deponent is produced accordingly, his affidavit shall not be used as evidence unless by the leave of the Court. The party producing such deponent for cross-examination shall not be entitled to demand the expenses thereof in the first instance from the party requiring such production. The notice shall be in the Form No. 21 in Appendix C. 32. The party to whom such notice as is mentioned in rule 31, is given shall be entitled to compel the attendance of the deponent for cross-examination in the same way as he might compel the attendance of a witness to be examined. 33. When the evidence under this Order is taken by affidavit, the notice of trial shall be given at the same time after the expiry of the time limited by rule 29 as is by these Rules provided after the close of the pleadings; provided that other affidavits may be used if all the parties interested consent thereto, or the Court so orders. ORDER 41. MOTION FOR JUDGMENT AND ENTRY OF JUDGMENT. 2. Where issues have been ordered to be tried, or issues or questions of fact to be determined in any manner, the plaintiff, including the plaintiff in a counter-claim, may set down a motion for judgment as soon as such issues or questions have been determined. If he does not set down such a motion, and give notice thereof to the other parties within ten days after his right so to do has arisen, then after the expiration of such ten days any defendant, including the defendant in a counter-claim, may set down a motion for judgment, and give notice thereof to the other parties. 3. Where issues have been ordered to be tried, or issues or questions of fact to be determined in any manner, and some only of such issues or questions of fact have been tried or determined, any party who considers that the result of such trial or determination renders the trial or determination of the others of them unnecessary, or renders it desirable that the trial or determination thereof should be postponed, may apply to the Court for leave to set down a motion for judgment, without waiting for such trial or determination; and the Court may, if satisfied of the expediency thereof, give such leave, upon such terms, if any, as shall appear just, and may give any directions which may appear desirable as to postponing the trial of the other issues of fact. 4. No motion for judgment shall, except by leave of the Court, be set down after the expiration of one year from the time when the party seeking to set down the same first became entitled so to do. 5. Upon a motion for judgment, the Court may draw all inferences of fact, not inconsistent with the finding of the jury, and if satisfied that it has before it all the material necessary for finally determining the questions in dispute, or any of them, or for awarding any relief sought, give judgment accordingly, or may, if it shall be of opinion that it has not sufficient materials before it to enable it to give judgment, direct the motion to stand over for further consideration, and direct such issues or questions to be tried, or determined, and such accounts and inquiries to be taken and made, as it may think fit. 6. Particulars of every judgment or order of the High Court and of the Supreme Court shall be entered in proper books to be kept for that purpose and the judgment or order shall be filed in the Central Office. A copy of every judgment or order of the Supreme Court shall also be filed in the Office of the Registrar of the Supreme Court. Every judgment or order pronounced or made by the High Court or by the Supreme Court when so filed shall be deemed to be duly entered, and the entry thereof shall be dated as of the day on which such judgment or order was pronounced or made, unless the Court shall otherwise direct. 7. A duplicate of every judgment or order shall be supplied out of the Central Office without fee to the solicitor or person paying the fee on the said judgment or order; and wherever any rule, or order, or the practice of the Court, requires the production or service of the original judgment or order, it shall be sufficient to produce or serve the duplicate. 8. Every judgment or order made in any cause or matter requiring any person to do an act thereby ordered, shall state the time, or the time after service of the judgment or order, within which the act is to be done; and upon the copy of the judgment or order which shall be served upon the person required to obey the same, other than an order directing a mortgagor to deliver possession to a mortgagee, or an order under section 62 subsection (7) of the Registration of Title Act, 1964 , there shall be endorsed a memorandum in the words or to the effect following, viz.:— "If you the within named A.B. neglect to obey this judgment or order by the time therein limited, you will be liable to process of execution including imprisonment for the purpose of compelling you to obey the same judgment or order." 9. Every judgment or order, however obtained, for the recovery of land for non-payment of rent shall contain a statement of the amounts payable in respect of rent and costs for redemption. 10. The amounts so to be stated for rent, if not otherwise duly ascertained, and costs respectively, shall be ascertained in respect of rent by the affidavit of plaintiff, his agent, receiver, or clerk, at the time judgment is entered, and in respect of costs (unless measured by the Court) by the Taxing Master's certificate thereof at any time prior to the issue of an order of possession or to the service of a notice under the Land Law (Ireland) Act, 1887, section 7. 13. Where reference is made to the Master to ascertain the amount for which final judgment is to be entered, the Master's certificate shall be filed in the proper office when judgment is entered. 14. Notwithstanding the provisions of the Common Law Procedure Amendment Act (Ireland), 1853 (16 & 17 Vic., c. 113), sections 223 and 224, judgment may in all actions be entered on the consent of any defendant given by his solicitor. 15. In any cause or matter where the defendant has appeared by solicitor, no order for entering judgment shall be made by consent unless the consent of the defendant is given by his solicitor. Where the defendant has not appeared, or has appeared in person, no such order shall be made unless the defendant attends before the Court and gives his consent in person, or unless his written consent is attested by a solicitor acting on his behalf. 16. At any time within ten years from the execution of any warrant of attorney to enter judgment on a bond, judgment may be marked thereon as of course in the Central Office, but after such period no judgment shall be marked on any warrant of attorney, unless by order of the Court on motion; and the application for every such order shall be grounded on an affidavit, stating the amount remaining due on foot of such bond and warrant, and the character in which the applicant claims to be entitled, and that the obligor is still alive, and, where necessary, such affidavit shall contain matter sufficient to take the case out of the Statute of Limitations, and in case the payment of money shall be relied on for that purpose, shall state by whom and to whom such payment shall have been made. Provided that in proceedings by a moneylender or the personal representative or an assignee of a moneylender for the recovery of money lent by the moneylender or any interest thereon, or the enforcement of any agreement or security relating to any such money or interest, judgment shall not be marked on any warrant of attorney until after the expiration of twelve months from the date of such warrant of attorney unless by order of the Court to be obtained on motion. 17. Where any judgment shall be entered by virtue of a warrant of attorney, the warrant shall, unless the Court shall otherwise order, be filed at the time of entering such judgment in the Central Office, and in cases where the warrant is incorporated in the bond, the bond itself shall be filed, and a book shall be kept in such Office, in which, unless the Court shall otherwise order, shall be entered the names of the parties to every such judgment, and the date at which every such judgment shall have been entered, with proper references to the file. 18. It shall not be necessary to enrol any judgment or order. 19. The forms of judgment in Appendix E shall be used. ORDER 42. EXECUTION. 1. Where any person is by any judgment or order directed to pay any money, or to deliver up or transfer any property real or personal to another, it shall not be necessary to make any demand thereof, but the person so directed shall be bound to obey such judgment or order upon being duly served with the same without demand. 2. Where any person who has obtained any judgment or order upon condition does not perform or comply with such condition he shall be considered to have waived or abandoned such judgment or order so far as the same is beneficial to himself, and any other person interested in the matter may on breach or non-performance of the condition take either such proceedings as the judgment or order may in such case warrant, or such proceedings as might have been taken if no such judgment or order had been given or made, unless the Court shall otherwise direct. 3. A judgment for the recovery by or payment to any person of money may be enforced by execution order or by any other mode authorised by these Rules or by law. 4. A judgment for the payment of money into Court may be enforced by an order of sequestration, or, in cases in which attachment is authorised by law, by attachment. 5. A judgment for the recovery or for the delivery of the possession of land may be enforced by order of possession. 6. A judgment for the recovery of any property other than land or money may be enforced— ) by order for delivery of the property; ) by order of attachment; ) by order of sequestration. 7. A judgment requiring any person to do any act other than the payment of money, or to abstain from doing anything, may be enforced by order of attachment or by committal. 8. In these Rules the term "execution order" shall include orders of fieri facias , sequestration and attachment and all subsequent orders that may issue for giving effect thereto. The term "issuing execution against any party" shall mean the issuing of any such process against his person or property as under the preceding rules of this Order shall be applicable to the case. 9. Where a judgment or order is to the effect that any party is entitled to any relief subject to or upon the fulfilment of any condition or contingency, the party so entitled may, upon the fulfilment of the condition or contingency, and demand made upon the party against whom he is entitled to relief, apply to the Court for leave to issue execution against such party. And the Court may, if satisfied that the right to relief has arisen according to the terms of the judgment or order, order that execution issue accordingly, or may direct that any issue or question necessary for the determination of the rights of the parties be tried in any of the ways in which questions arising in an action may be tried. 10. No execution order shall be issued without the production to the officer by whom the same should be issued of the judgment or order upon which the execution order is to issue, or an attested copy thereof, showing the date of entry, and in the case of a judgment or order for the payment of money, a certificate signed by the party or his solicitor, containing such sum as the party demands to be due to him after all just and equitable deductions, which certificate shall be filed in the Central Office, and the sum mentioned therein entered in the body of the said execution order as the sum to be levied on foot of the sum adjudged by the judgment or order. The officer shall be satisfied that the proper time has elapsed to entitle the creditor to execution. 11. No execution order shall be issued without the party issuing it, or his solicitor, filing a for that purpose. The shall contain the title of the cause or matter, the reference to the record, the date of judgment, and of the order, if any, directing the execution to be issued, the names of the parties against whom, or of the firm against whose goods, the execution is to be issued; and shall be signed by or on behalf of the solicitor of the party issuing it, of by the party issuing it if he do so in person. The forms in Appendix F, Part I, shall be used. 12. Every execution order shall be indorsed with the name and registered place of business of the solicitor issuing the same, and in case no solicitor shall be employed to issue the order, then it shall be indorsed with a memorandum expressing that same has been issued by the party in person and giving his full address. 13. Every execution order shall bear date of the day on which it is issued, and shall be authenticated in the same manner as an originating summons. The forms in Appendix F, Part II, shall be used. 14. In every case of execution the party entitled to execution may levy the poundage, fees, and expenses of execution over and above the sum recovered. 15. Every execution order for the recovery of money shall be indorsed with a direction to the proper officer to levy the money sought to be recovered under the judgment or order, stating the amount, and also to levy interest thereon, if sought to be recovered, at the rate of eleven per cent. per annum or such rate as may be substituted by virtue of section 20 of the Courts Act, 1981 , from the time when the judgment or order was entered or made, unless the judgment otherwise directs. 16. The address and description of the party against whom any execution order shall issue or such other description of him as the solicitor for the party issuing same may be able to give shall be indorsed on such order, but the party against whom such order shall issue shall not be allowed to take advantage of the want of such indorsement, and it shall not be necessary to state the place of abode or addition of either party in the body of such order. 17. Every person to whom any sum of money or any costs shall be payable under a judgment or order shall, so soon as the money or costs shall be payable, be entitled to sue out one or more order or orders of fieri facias to enforce payment thereof, subject nevertheless as follows: (i) if the judgment or order is for payment within a period therein mentioned, no such order as aforesaid shall be issued until after the expiration of such period; (ii) the Court may, at or after the time of giving judgment or making an order, stay execution until such time as it shall think fit. 18. Upon any judgment or order for the recovery or payment of a sum of money and costs, there may be, at the election of the party entitled thereto, either one order or separate orders of execution for the recovery of the sum, and for the recovery of the costs, but a second order shall only be for costs, and shall be issued not less than eight days after the first order. Provided that, if, in any proceedings brought by a moneylender or the personal representative or an assignee of a moneylender for the recovery of money lent by the moneylender or any interest thereon or the enforcement of any agreement or security relating to any such money or interest, judgment has been entered for the plaintiff by virtue of a warrant of attorney, and such judgment has been entered after the expiration of twelve months from the date of such warrant of attorney, no execution order shall issue without an order of the Court to be obtained on motion. 19. A party who has obtained judgment or an order, not being for payment of money or costs, or for the recovery of land, may issue execution in fourteen days unless the Court shall order execution to issue at an earlier or later date with or without terms. 20. An execution order or an order of committal, if unexecuted, shall remain in force for one year only from its issue, unless renewed in the manner hereinafter provided; but such order may, at any time before its expiration, by leave of the Court, be renewed by the party issuing it for one year from the date of such renewal and so on from time to time during the continuance of the renewed order, either by being marked with the seal of the High Court, bearing the date of the day, month and year of such renewal, or by such party giving a written notice of renewal to the sheriff, signed by the party or his solicitor, and bearing the like seal; and an execution order so renewed shall have effect, and be entitled to priority, according to the time of the original delivery thereof. 21. Where it shall appear to be just that an order of possession should be re-executed, the same may, at any time after its execution, be renewed by leave of the Court for one year from the date of such renewal by being marked, or by the giving of the notice, as in rule 20 mentioned. 22. The production of an execution order, or of the notice renewing same, purporting to be marked with such seal as in rules 20 and 21 mentioned, showing the same to have been renewed, shall be sufficient evidence of its having been so renewed. 23. As between the original parties to a judgment or order, execution may issue at any time within six years from the recovery of the judgment, or the date of the order. 24. In the following cases, viz.:— ) where six years have elapsed since the judgment or order, or any change has taken place by death or otherwise in the parties entitled or liable to execution; ) where a party is entitled to execution upon a judgment of assets in futuro the party alleging himself to be entitled to execution may apply to the Court for leave to issue execution accordingly. The Court may, if satisfied that the party so applying is entitled to issue execution, make an order to that effect, or may order that any issue or question necessary to determine the rights of the parties shall be tried in any of the ways in which any question in an action may be tried: and in either case the Court may impose such terms as to costs or otherwise as shall be just. Provided always that in case of default of payment of any sum of money at the time appointed for payment thereof by any judgment or order made in a matrimonial cause or matter, an order of fieri facias may be issued as of course upon an affidavit of service of the judgment or order and non-payment. 25. Every order of the Court in any cause or matter may be enforced against all persons bound thereby in the same manner as a judgment to the same effect. 26. An order of committal under the Debtors Act (Ireland), 1872 (35 & 36 Vic., c. 57), shall bear date on the day on which such order was made, and shall continue in force for one year from such date and no longer; but it may be renewed in the manner provided for execution orders by rule 20. 27. Any person not being a party to a cause or matter, who obtains any order, or in whose favour any order is made, shall be entitled to enforce obedience to such order by the same process as if he were a party to such cause or matter; and any person not being a party to a cause or matter, against whom obedience to any judgment or order may be enforced, shall be liable to the same process for enforcing obedience to such judgment or order as if he were a party to such cause or matter. 29. Nothing in this Order shall take away or curtail any right heretofore existing to enforce or give effect to any judgment or order in any manner, or against any person or property whatsoever. 30. Nothing in this Order shall affect the order in which execution orders may be issued. 31. If a mandamus, granted in an action or otherwise, or a mandatory order, injunction, or judgment for the specific performance of any contract be not complied with, the Court, besides or instead of proceedings against the disobedient party for contempt, may direct that the act required to be done may be done so far as practicable by the party by whom the judgment or order has been obtained, or some other person appointed by the Court, at the cost of the disobedient party, and upon the act being done, the expenses incurred may be ascertained in such manner as the Court may direct, and execution may issue for the amount so ascertained, and costs. 32. Any judgment or order against a company wilfully disobeyed may, by leave of the Court, be enforced by sequestration against the corporate property, or by attachment against the directors or other officers thereof, or by order of sequestration against their property. 33. An award may, with the leave of the Court, and on such terms as may be just, be enforced at any time, though the time for moving to set it aside has not elapsed. 34. Where an order of fieri facias has been sent out directed to the sheriff of one county, the person entitled to issue execution may sue out another order of fieri facias directed to the sheriff of a different county without requiring or waiting for a return to the first order and notwithstanding any seizure or partial levy under the first order, provided that no more than the whole of the money and costs due to the person suing out the orders shall be levied thereunder. 35. The orders provided for in this Order shall be orders of the Court and shall issue out of the Central Office. They shall be in lieu of the former writs of fieri facias, venditioni exponas , possession, delivery, attachment, sequestration and writs of execution generally, and shall be as effectual in every way as the said respective writs and all statutes and enactments relating to such respective writs shall apply mutatis mutandis to the orders of the Court hereby substituted therefor. Discovery in aid of execution and in proceedings under the Debtors Act (Ireland), 1872. 36. When a judgment or order is for the recovery or payment of money, the party entitled to enforce it may apply to the Court for an order that the debtor liable under such judgment or order, or in the case of a corporation that any officer thereof, or that any other person be orally examined as to whether any and what debts are owing to the debtor, and whether the debtor has any and what other property or means of satisfying the judgment or order, before a judge or an officer of the Court as the Court shall appoint; and the Court may make an order for the attendance and the examination of such debtor, or of any other person, and for the production of any books or documents. 37. In case of any judgment or order other than for the recovery or payment of money, if any difficulty shall arise in or about the execution or enforcement thereof, any party interested may apply to the Court, and the Court may make such order thereon for the attendance and examination of any party or otherwise, as may be just. 38. The costs of any application under rules 36 and 37 or either of them and of any proceedings arising from or incidental thereto shall be in the discretion of the Court. ORDER 43. ORDERS OF FIERI FACIAS AND SEQUESTRATION. 1. Where it appears, upon the return of any order of fieri facias , that the sheriff has by virtue of such order seized, but not sold, any goods of the person directed to pay a sum of money or costs, the person to whom such sum of money or costs is payable shall, immediately after such order with such return shall have been filed as of record, be at liberty to sue out an order of venditioni exponas. 2. Where any person is by any judgment or order directed to pay money into Court or to do any other act in a limited time, and after due service of such judgment or order refuses or neglects to obey the same according to the exigency thereof, the person prosecuting such judgment or order shall, at the expiration of the time limited for the performance thereof, be entitled, without obtaining any order from the Court for that purpose, to issue an order of sequestration in the Form No. 17 in Appendix F, Part II, against the estate and effects of such disobedient person. 3. Any person entitled to issue an order of sequestration under rule 2 shall, before issuing same, apply to the Master to approve of one or more sequestrators, and to obtain directions as to his or their security, and accounting. On a certificate from the Master of the approval of such person or persons, which certificate shall be filed in the Central Office, the order may issue directed to such person or persons. One sequestrator only shall be named in the order, unless the Court shall otherwise direct. 4. Order 50, rules 16 to 25 (inclusive), shall so far as applicable apply to sequestrators. ORDER 44. ATTACHMENT AND COMMITTAL. 1. An order of attachment shall direct that the person against whom the order is directed shall be brought before the Court to answer the contempt in respect of which the order is issued, and shall be in the Form No. 11 in Appendix F, Part II. 2. An order of committal shall direct that upon his arrest the person against whom the order is directed shall be lodged in prison until he purge his contempt and is discharged pursuant to further order of the Court, and shall be in the Form No. 12 in Appendix F, Part II. 3. Save in respect of committal for contempt in the face of the Court or committal under rule 4 no order of attachment or committal shall be issued except by leave of the Court to be applied for by motion on notice to the party against whom the attachment or committal is to be directed. 4. When the person against whom an order of attachment is directed is brought before the Court on his arrest, the Court may either discharge him on such terms and conditions as to costs or otherwise as it thinks fit or commit him to prison for his contempt either for a definite period to be specified in the order, or until he shall purge his contempt and be discharged by further order of the Court. 5. A person against whom an order of committal is directed may apply to the Court to discharge such order.

Every such application shall be by motion on notice to the party at whose instance the order of committal was made, and where on the hearing of such motion the Court discharges the order of committal, the Court may do so on such terms and conditions as to costs or otherwise as it thinks fit. 6. The Court may make an order of attachment where the application is for an order of committal, and vice versa. 7. Every order of attachment or committal shall be directed to the Commissioner and members of the Garda Síochána. 8. The foregoing provisions of this Order shall not apply to committal under the Debtors Act (Ireland), 1872, section 6. The Debtors Act (Ireland), 1872. 9. The Court, in making an order for committal to prison under the Debtors Act (Ireland), 1872 (35 & 36 Vic., c. 57), section 6, may either make such imprisonment determinable on payment of the whole sum in respect of which the person to be imprisoned is in default, together with such costs as the Court shall think fit, or may order the debt to be paid by such instalments as the Court shall think fit, and make the imprisonment determinable on payment of such costs and such of the said instalments as the Court shall think fit; and in either of such cases the Court may direct payment of a sum in gross in lieu of taxed costs. 10. Orders of committal under the said Act may be in one of the Forms Nos. 13 and 14 in Appendix F, Part II, and two copies of each such order shall be delivered to the Commissioner of the Garda Síochána indorsed with the particulars required by Order 42, rule 16. 12. Upon payment of the sum or sums in that behalf mentioned in the order of committal, and the costs or gross sum in lieu of costs, made payable by the order, the person committed shall be entitled to a certificate in the Form No. 15 in Appendix F, Part II, signed by the solicitor of the person prosecuting the judgment or order which has been disobeyed, or if such person be acting in person, then signed by him and attested by a solicitor or a peace commissioner. 13. No application made under the said section 6 nor any order made thereon, shall in any manner vary or suspend any of the remedies which the person prosecuting the judgment or order which has been disobeyed would, if no such application had been made, have been entitled to against the property of the person disobeying the said judgment or order; but the person prosecuting such judgment or order may proceed to avail himself of such remedies without any regard to such application or to any order made thereon, except so far as he may, by such last mentioned order, be expressly restrained from availing himself of such remedies. 14. In case any order is made under the said section 6 for payment of a sum of money by instalments, and the person imprisoned shall, after his discharge from prison, neglect or refuse to pay the subsequent instalments or any of them, the person prosecuting the judgment or order in respect of which the said instalments were ordered to be paid, shall in addition to his remedies against the property of the person making default, be entitled to apply for orders of committal from time to time for non-payment of any one or more of such subsequent instalments. ORDER 45. I. ATTACHMENT OF DEBTS. 1. (1) The Court may, upon the ex parte application of any person who has obtained a judgment or order for the recovery or payment of money, either before or after any oral examination of the debtor liable under such judgment or order (hereinafter called the judgment debtor), and upon affidavit by himself or his solicitor stating that judgment has been recovered, or the order made, and that it is still unsatisfied, and to what amount, and that any other person is indebted to such debtor, and is within the jurisdiction, order that all debts owing or accruing from such third person (hereinafter called the garnishee) to such debtor shall be attached to answer the judgment or order; and by the same or any subsequent order it may be ordered that the garnishee shall appear before the Court or an officer of the Court, as such Court shall appoint, to show cause why he should not pay to the person who has obtained such judgment or order, the debt due from him to such debtor, or so much thereof as may be sufficient to satisfy the judgment or order. (2) At least seven days before the date of hearing, the order shall be served on the garnishee and, unless otherwise ordered, on the judgment debtor or his solicitor. Service on the judgment debtor may be made in manner provided by Order 121, or in such other manner as the Court may direct. (3) In this rule "any other person" shall include a firm, any member of which is resident within the jurisdiction, and a garnishee order may be made against any firm in the name of the firm; and any appearance by any member then within the jurisdiction pursuant to any order made under this rule shall be a sufficient appearance by the firm. 2. Service of an order that debts due or accruing to a judgment debtor shall be attached, or of notice thereof, on the garnishee, in such manner as the Court shall direct, shall bind such debts in his hands. 3. If the garnishee does not forthwith pay into Court the amount due from him to the judgment debtor, or an amount equal to the judgment or order, and does not dispute the debt due or claimed to be due from him to such debtor, or if he does not appear, then the Court may order execution to issue, and it may issue accordingly, without any previous order or process, to levy the amount due from such garnishee, or so much thereof as may be sufficient to satisfy the judgment or order, together with the costs of the garnishee proceedings. 4. If the garnishee disputes his liability, the Court, instead of making an order that execution shall issue, may order that any issue or question necessary for determining his liability be tried or determined in any manner in which any issue or question in an action may be tried or determined. 5. Whenever in proceedings to obtain an attachment of debts it is suggested by the garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or charge upon it, the Court may order such third person to appear, and state the nature and particulars of his claim upon such debt. 6. After hearing the allegations of any third person under such order as in rule 5 mentioned, and of any other person whom by the same or any subsequent order the Court may order to appear, or in case of such third person not appearing when ordered, the Court may order execution to issue to levy the amount due from such garnishee together with the costs of the garnishee proceedings, or any issue or question to be tried or determined according to the preceding rules of this Order, and may bar the claim of such third person, or make such other order as such Court shall think fit, upon such terms, in all cases, with respect to the lien or charge (if any) of such third person, and to costs, as the Court shall think just and reasonable. 7. Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the judgment debtor to the amount paid or levied, although such proceeding may be set aside, or the judgment or order reversed. 8. The costs of any application for an attachment of debts, and of any proceedings arising from or incidental to such application, shall be in the discretion of the Court, and as regards the costs of the judgment creditor, shall, unless otherwise directed, be retained out of the money recovered by him under the garnishee order, and in priority to the amount of the judgment debt. II. RECEIVERS BY WAY OF EQUITABLE EXECUTION. 9. In every case in which an application is made for the appointment of a receiver by way of equitable execution, the Court in determining whether it is just or convenient that such appointment should be made shall have regard to the amount of the debt claimed by the applicant, to the amount which may probably be obtained by the receiver, and to the probable costs of his appointment, and may, if it shall so think fit, direct any inquiries on these or other matters, before making the appointment. The order shall be made upon such terms as the Court may direct. ORDER 46. CHARGING ORDERS AND STOP ORDERS. ex parte. Such order shall be absolute in the first instance, but the Court may on the application of any person interested, and on such terms as to costs or otherwise as may be just, discharge or vary the same. Orders charging interest of partner. 3. Every application by a judgment creditor of a partner for an order charging his interest in the partnership property and profits under the Partnership Act, 1890, section 23, and for such other orders as are thereby authorised to be made, shall be by motion served on the judgment debtor and on such other of the partners as shall be within the jurisdiction, and such service shall be good service on all the partners, and all orders made on such motion shall be similarly served. 4. Every application which shall be made by any partner of the judgment debtor under the enactment mentioned in rule 3 shall be made by motion served on the judgment creditor and judgment debtor and on such of the other partners as shall not concur in the application and as shall be within the jurisdiction, and such service shall be good service on all the partners, and all orders made on such motion shall be similarly served. Notice to restrain transfer of stock. 6. Any person claiming to be interested in any stock standing in the books or inscribed in the register (within the jurisdiction) of a company may, on an affidavit by himself or his solicitor in the Form No. 27 in Appendix C, and on filing the same in the Central Office with a notice in the Form No. 28 in Appendix C, and on procuring an attested copy of the affidavit and a duplicate of the filed notice authenticated by the seal of the High Court, serve the attested copy and duplicate notice on the company. 7. There shall be appended to the affidavit a note stating the person on whose behalf it is filed, and to what address notices (if any) for that person are to be sent. 8. All such notices shall be deemed to have been duly sent, if sent through the post by a prepaid letter directed to that person at the address so stated, or at any such substituted address as hereinafter mentioned, whether the person to whom the notice is sent be living or not. 9. The address so stated may, from time to time, be altered by the person by whom or on whose behalf the affidavit is filed, but no notice sent by post before the alteration to the address originally given or for the time being substituted therefor shall be affected by any subsequent alteration. Any such alteration or address may be made by service of a memorandum thereof on the company in the manner required for service of a notice under this Order. 10. From and after the service of the attested copy of the affidavit and of the duplicate of the filed notice, it shall not be lawful for the company to permit the stock specified in the notice to be transferred, nor, if the notice is expressed to be intended to stop the receipt of dividends, to pay the dividends on the stock so specified, so long as the notice shall remain operative. 11. A notice filed under rule 6 may at any time be withdrawn by the person by whom or on whose behalf it was given on a written request signed by him, or its operation may be made to cease by an order to be obtained by motion on notice duly served by any other person claiming to be interested in the stock sought to be affected by the notice. 12. If, while a notice filed under rule 6 continues in force, the company on whom it is served receives from the person in whose name the stock specified in the notice is standing or inscribed, or from some person acting on his behalf or representing him, a request to permit the stock to be transferred or to pay the dividends thereon, the company shall not, by force or in consequence of the service of the notice, be authorised, without the order of the court, to refuse to permit the transfer to be made or to withhold the payment of the dividends for more than eight days after the date of the request. 13. If the person who files a notice under rule 6 wishes to correct the description of the stock specified in the filed notice, he may file an amended notice and serve on the company a duplicate thereof, sealed with the seal of the High Court, and in that case the service of the notice shall be deemed to have been made on the day on which the amended duplicate is so served. Stop orders. 14. Any person having any derivative interest (whether by way of assignment or charge or lien or otherwise) in any funds or securities standing in Court (or directed to be brought into Court) may apply to the Court for an order (hereinafter called a "stop order") to stay the transfer, sale, payment out or other disposition of the funds or securities without notice to the applicant, and the Court on being satisfied that it is just and equitable to grant the relief sought to the applicant may make a stop order. 15. A stop order may be made on an ex parte application whenever the Court shall be of opinion that there is not any person interested in the funds or securities who ought as of right to have notice of the application. 16. A certificate of funds shall be produced on every application for the stop order and the application shall be supported by an affidavit sufficiently setting out the interest of the applicant and verifying the execution of the instrument (if any) relied upon as establishing the interest of the applicant. 17. The applicant for a stop order shall not be entitled to any costs, unless the Court in its discretion shall award costs. 18. The Court may, in its discretion make an order directing an applicant to indemnify, in a sum to be specified in the order, any person who shall satisfy the Court that he has incurred costs or expenses, by reason of a stop order made at the instance of the applicant. ORDER 47. ORDER OF POSSESSION. 1. An order of possession shall be an order of the Court bearing date of the day of issue and authenticated in like manner as an originating summons. All statutes and enactments relating to the former writ of possession shall, save in so far as modified or repealed by any later statute or enactment, apply mutatis mutandis to the order of the Court hereby substituted therefor. Such order shall be in the Form No. 5 in Appendix F, Part II. 2. Where by any judgment or order any person therein named is directed to deliver up possession of any lands to some other person the person prosecuting such judgment or order shall, without any order for that purpose, be entitled to sue out an order of possession on filing an affidavit showing due service of such judgment or order, and that the same has not been obeyed. 3. The time within which a copy of the notice mentioned in the Land Law (Ireland) Act, 1887, section 7, must be filed in Court shall be twenty-one days after the service thereof, and such copy shall be so filed by delivering same to the proper officer in the Central Office. 4. The mode of proving service of all notices under the said Act, and the date or dates of such service, shall be by affidavit, to be filed with the proper officer of the Central Office. 5. The order of possession, under which possession of a holding may be recovered after the expiration of the period of redemption has expired, pursuant to the provisions of the said section 7, shall be the Form No. 6 in Appendix F, Part II. 6. The order of possession, by which a judgment in an action for the recovery of land shall be executed after the stay upon the execution of such judgment has been removed in consequence of default made in complying with an order of the Court for the payment of any instalment of the arrears of rent and costs, or such sum in lieu thereof, as is mentioned in the Land Law (Ireland) Act, 1887 (50 & 51 Vic., c. 33), section 30, shall be in the Form No. 7 in Appendix F, Part II. 7. Upon any judgment or order for the recovery of any land and mesne profits, arrears of rent, double rent, damages, or costs, there may be either one order or separate orders of execution for the recovery of possession and for the mesne profits, arrears of rent, double rent, damages or costs at the election of the successful party. ORDER 48. ORDER OF DELIVERY. 1. Where it is sought to enforce a judgment or order for the recovery of any property other than land or money by order of delivery, the Court may, upon the application of the plaintiff, order that execution shall issue for the delivery of the property, without giving the defendant the option of retaining the property, upon paying the value assessed, if any, and that if the property cannot be found, and unless the Court shall otherwise order, the sheriff shall distrain the defendant by all his lands and chattels, in the sheriff's bailiwick, till the defendant deliver the property; or at the option of the plaintiff, that the sheriff cause to be made of the defendant's goods the assessed value, if any, of the property. 2. An order of delivery shall be in one of the Forms Nos. 8 or 9 (incorporating, if appropriate, Form No. 10) in Appendix F, Part II, and when an order of delivery is issued, the plaintiff shall, either by the same or a separate execution order, be entitled to have made of the defendant's goods the damages and costs awarded, and interest. ORDER 49. HEARING, TRANSFER AND CONSOLIDATION. 2. Any cause or matter may, at any stage, be transferred from one Judge to another Judge by either of such Judges with the consent of the other Judge. 3. A particular application in, or any particular part of, any cause or matter may be heard and disposed of by any Judge, who shall consent to do so, at the request or with the consent of the Judge before whom the cause or matter is pending. 4. When an order has been made by any Judge for the winding-up of any company or for the administration of any assets of any testator or intestate, the Judge before whom such winding-up or administration shall be pending shall have power, without any further consent, to order the transfer to such Judge of any cause or matter pending before any other Judge brought or continued by or against such company or by or against the personal representative of such testator or intestate as the case may be. 5. Nothing in this Order or these Rules contained shall take away or prejudice the right of any party to any action to have questions of fact tried by a jury where he may by law so require. 6. Causes or matters pending in the High Court may be consolidated by order of the Court on the application of any party and whether or not all the parties consent to the order. 7. (1) Where any action or proceeding is pending in the High Court which might have been commenced in the Circuit Court or the District Court, any party to such action or proceeding may apply to the High Court that the action be remitted or transferred to the Circuit Court or the District Court (as the case may be), and if the High Court should not consider the action or proceeding fit to be prosecuted in the High Court it may remit or transfer such action or proceeding to the Circuit Court or the District Court (as the case may be) to be prosecuted before the Judge to such Circuit or (as the case may require) the justice assigned to such District as may appear to the Court suitable and convenient, upon such terms and subject to such conditions as to costs or otherwise as may appear just. (2) An application under this rule to remit or transfer an action may be made at any time after an appearance is entered and before service of notice of trial. ORDER 50. I. INTERLOCUTORY ORDERS. 1. When by any contract a prima facie case of liability is established, and there is alleged as matter of defence a right to be relieved wholly or partially from such liability, the Court may make an order for the preservation or interim custody of the subject-matter of the litigation, or may order that the amount in dispute be brought into Court of otherwise secured. 2. Whenever an application shall be made before trial for an injunction or other order, and on the opening of such application, or at any time during the hearing thereof, it shall appear to the Court that the matter in controversy in the cause or matter is one which can be most conveniently dealt with by an early trial, without first going into the whole merits on affidavit or other evidence for the purposes of the application, the Court may make an order for such trial accordingly, and in the meantime make such order as the justice of the case may require. 3. The Court on the application of any party to a cause or matter, may make any order for the sale, by any person or persons named in such order, and in such manner, and on such terms as the Court may think desirable, of any goods, wares, or merchandise which may be of a perishable nature or liable to injury from keeping, or which for any other just and sufficient reason it may be desirable to have sold at once. 4. The Court, upon the application of any party to a cause or matter, and upon such terms as may be just, may make any order for the detention, preservation, or inspection of any property or thing, being the subject of such cause or matter, or as to which any question may arise therein, and for all or any of the purposes aforesaid may authorise any person to enter upon or into any land or building in the possession of any party to such cause or matter and for all or any of the purposes aforesaid may authorise any samples to be taken or any observations to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence. 5. The Court, by which any cause or matter may be heard or tried with or without a jury, or before which any cause or matter may be brought by way of appeal, may inspect any property or thing concerning which any question may arise therein. 6. (1) The Court may grant a mandamus or an injunction or appoint a receiver, by an interlocutory order in all cases in which it appears to the Court to be just or convenient so to do. (2) Any such order may be made either unconditionally or upon such terms and conditions as the Court thinks just. (3) An injunction to prevent any threatened or apprehended waste or trespass may at any time be granted, if the Court thinks fit, whether the person against whom the injunction is sought is, or is not, in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title, and whether the estates claimed by both or by either of the parties are legal or equitable. 7. An application for an order under rules 3, 4 or 6 may be made to the Court by any party. If the application be by the plaintiff for an order under rule 6 it may be made either ex parte or on notice, and if for an order under rules 3 or 4 it may be made on notice to the defendant at any time after the issue of the summons, and if it be by any other party, then on notice to the plaintiff, and at any time after appearance by the party making the application, provided that, where the exigencies of the case require it, any such application may be made ex parte. 8. An application for an order under rule 1 may be made by the plaintiff at any time after his right thereto appears from the pleadings or, if there be no pleadings, is made to appear by affidavit or otherwise to the satisfaction of the Court. 9. Where an action is brought to recover, or a defendant in his defence seeks by way of counterclaim to recover, specific property other than land, and the party from whom such recovery is sought does not dispute the title of the party seeking to recover the same, but claims to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court may, at any time after such last mentioned claim appears from the pleadings, or, if there be no pleadings, by affidavit or otherwise to the satisfaction of the Court, order that the party claiming to recover the property be at liberty to pay into Court to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum (if any) for interest and costs as the Court may direct, and that, upon such payment into Court being made, the property claimed be given up to the party claiming it. 10. Where any real or personal estate forms the subject of any proceedings, and the Court is satisfied that the same will be more than sufficient to answer all the claims thereon which ought to be provided for in such proceedings, the Court may, at any time after the commencement of the proceedings, allow to the parties interested therein, or any one or more of them, the whole or part of the annual income of the real estate, or a part of the personal estate, or the whole or part of the income thereof, up to such time as the Court shall direct. 11. Whenever in an action for the administration of the estate of a deceased person or execution of the trusts of a written instrument, a sale is ordered of any property vested in any executor, administrator, or trustee, the conduct of such sale shall be given to such executor, administrator, or trustee, unless the Court shall otherwise direct. 12. In any cause or matter in which an injunction has been or might have been claimed, the plaintiff may, before or after judgment, apply for an injunction to restrain the defendant or respondent from the repetition or continuance of the wrongful act or breach of contract complained of, or from the commission of any injury or breach of contract of a like kind relating to the same property or right, or arising out of the same contract; and the Court may grant the injunction, either upon or without terms, as may be just. 13. Leave to compound a penal action shall not be given in cases where part of the penalty goes to the State unless notice shall first have been given to the Chief State Solicitor. 14. The order to compound a penal action shall expressly state that the defendant undertakes to pay the sum for which the Court has given him leave to compound the action. 15. When leave is given to compound a penal action, where part of the penalty goes to the State, the State's part of the composition shall be paid to the Master to be disposed of for the benefit of the Exchequer. II. RECEIVERS AND ADMINISTRATORS PENDENTE LITE. 16. (1) Save as otherwise provided in this rule, where an order is made directing a receiver or an administrator pendente lite to be appointed, unless otherwise ordered the person to be appointed shall first give security duly to account for what he shall receive as such receiver, or administrator, and to pay the same as the Court shall direct; and the person so to be appointed, may be allowed a proper salary or allowance. (2) Unless the Court otherwise orders, a receiver or administrator pendente lite shall give security by entering into a bond in the Form No. 22 in Appendix G, with two or more sufficient sureties in such sum as the Court may approve, and the Court may accept the security of any company carrying on business in Ireland and having power to enter into guaranties in lieu of the security of such sureties as aforesaid or of any of them. (3) Where the amount for which security is to be given does not exceed £500 such security may be given by an undertaking in the Form No. 23 in Appendix G. Such undertaking shall be signed by the receiver and his surety or sureties, or, in the case of a guarantee or other company, shall be sealed with the seal of such company or otherwise duly executed. The undertaking shall be filed in the Central Office and kept as of record until the same shall have been duly vacated. 17. Where any judgment or order is pronounced or made in Court appointing a person therein named to be receiver or administrator pendente lite , the Court may adjourn the cause or matter then pending, in order that the person named as receiver or administrator may give security as in rule 16 mentioned, and may thereupon direct such judgment or order to be drawn up. 18. When a receiver or administrator is appointed with a direction that he shall pass accounts, the Court shall fix the days or times at which he shall leave and pass such accounts, and also the days upon or times at which he shall pay the balances appearing due on the accounts so left, or such part thereof as shall be certified as proper to be paid by him; and with respect to any such receiver or administrator as shall neglect to leave and pass his accounts and pay the balances thereof at the times so to be fixed for that purpose as aforesaid, the Court before whom any such receiver or administrator is to account may from time to time, when his subsequent accounts are produced to be examined and passed, disallow the salary or allowance therein claimed by such receiver or administrator, and may also, if it shall think fit, charge him with interest not exceeding the rate of five per cent per annum upon the balances so neglected to be paid by him during the time the same shall appear to have remained in the hands of any such receiver or administrator. 19. A receiver's account shall be in the Form No. 20 in Appendix G. 20. A receiver in any proceeding assigned to a Judge pursuant to the provisions of Order 5, rule 4, shall leave in the Examiner's Office his account and shall file in the Central Office an affidavit verifying the same in the Form No. 24 in Appendix G. An appointment shall thereupon be obtained by the plaintiff or person having the conduct of the cause or by the receiver for the purpose of passing such account. 21. In case of any receiver failing to leave any account or to file an affidavit verifying same or to pass such account, or to make any payment, or otherwise, the receiver or the parties, or any of them may be required to attend in Court to show why such account has not been left or such affidavit filed or such account passed, or such payment made, or any other proper proceeding taken and thereupon such directions as shall be proper may be given including the discharge of any receiver and appointment of another, and payment of costs. 22. On the appointment of a receiver over landed property by the Court, a rental shall be furnished to the receiver by the solicitor having carriage of the order, and the Court shall have power to make such orders as to the furnishing of rentals or particulars of tenancies as may be considered necessary. 23. The Court shall have power to require a tenant to produce the lease, agreement, or other instrument under which he claims, to such person as may be considered entitled thereto, including the receiver. 24. The receiver shall be at liberty, without any direction, to pay all ordinary outgoings, such as head-rent, tithe-rent-charge, rates, taxes, and charges due for public works or drainage; all other payments shall be made only under the direction of the Court. 25. When a receiver or administrator pendente lite has given security pursuant to the direction in the order appointing him, the bond shall be filed in the Central Office and kept as of record until the same shall have been duly vacated, and the proper officer in the Central Office shall indorse on the order appointing him a certificate that the bond has been filed. III. GUARDIANS. 26. The accounts of guardians shall be passed and verified in the same manner as is by this Order directed as to receivers' accounts. 27. Rules 24 and 25 shall apply to guardians. ORDER 51. SALES BY THE COURT. 1. If in any cause or matter relating to any real estate or chattel real, it shall appear necessary or expedient that the real estate or chattels real, or any part thereof, should be sold, the Court may order the same to be sold, and any party bound by the order and in possession of the estate, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser, or such other person as may be thereby directed. 2. In debenture holders' actions, when the debenture holders are entitled to a charge by virtue of the debenture, or of a trust deed, or otherwise, and the plaintiff is suing on behalf of himself and other debenture holders, and where the Court is of opinion that there must eventually be a sale, the Court may direct a sale before judgment and also after judgment, before all the persons interested are ascertained and whether served or not. 3. In all cases where a sale, mortgage, partition, or exchange is ordered, the Court shall have power, in addition to the powers already existing, with a view to avoiding expenses or delay, or for other good reason, to authorise the same to be carried out, either by laying tenders before the Court for its sanction or altogether out of Court, any moneys produced thereby being paid into Court or to trustees, or otherwise dealt with as the Court may order. Provided always that the Court shall not authorise the same to be carried out altogether out of Court unless and until satisfied by such evidence as it shall deem sufficient, that all persons interested in the estate to be sold, mortgaged, partitioned, or exchanged, are before the Court, or are bound by the order for sale, mortgage, partition, or exchange. 4. Before any estate or interest shall be put up for sale under a judgment or order, an abstract of the title and draft of the proposed conditions of sale shall, unless otherwise ordered, be laid before some counsel appointed by the Court for his opinion thereon and for directions respecting the conditions of sale and other matters connected with the sale. The conditions of sale shall specify a time for the delivery of the abstract of title to the purchaser or his solicitor. 5. Where a judgment or order is given or made directing any property to be sold, unless otherwise ordered, the same shall be sold, with the approval of the Court, for the best price that can be got, and if the sale be approved by the Court all proper parties shall join in the sale and conveyance as the Court shall direct. 6. No order for the payment of purchase money into Court shall be necessary, but a lodgment schedule as prescribed by Order 77, rule 2 shall be sufficient authority for the Accountant to receive the money. 8. In the case of sales under the direction of the Court the particulars of sale shall be signed by and the result of the sale shall be certified under the hands of the auctioneer and the solicitor of the party having the conduct of the sale. It shall not be necessary to file any affidavit verifying the particulars or the result of the sale. The certificate shall be in the Form No. 21 in Appendix G. 9. The Court may refer to a counsel appointed by the Court any matter relating to the investigation of the title to an estate with a view to an investment of money in the purchase or on mortgage thereof, or with a view to a sale thereof, or to the settlement of a draft of a conveyance, mortgage, settlement, or other instrument, or any other matter which the Court may think fit to refer. ORDER 52. MOTIONS AND OTHER APPLICATIONS. 1. All interlocutory applications to the Court and all applications authorised by these Rules to be made to the Court shall be made by motion, save as otherwise provided by these Rules. 2. Save as otherwise provided by these Rules, all such applications other than such as under the existing practice are made ex parte or are authorised by these Rules to be so made, shall be made by motion on notice to the parties concerned, which shall be filed, in the case of applications to the Supreme Court, in the office of the Registrar of the Supreme Court, in the case of applications relating to wards of Court, in the Office of Wards of Court, and in the case of other applications, in the Central Office. 3. In any case the Court, if satisfied that the delay caused by proceeding by motion on notice under this Order would or might entail irreparable or serious mischief, may make any order ex parte upon such terms as to costs or otherwise and subject to such undertaking, if any, as the Court may think just; and any party affected by such order may move to set it aside. 4. Every notice of motion for attachment, or to strike off the rolls, shall state in general terms the grounds of the application. 5. In every cause or matter where any party thereto makes any application by way of motion on notice he shall be at liberty to include in one and the same application all matters upon which he then desires the order or directions of the Court; and upon the hearing of such application it shall be lawful for the Court to make any order and give any directions relative to or consequential on the matter of such application as may be just. If upon any subsequent application it shall appear to the Court that the same could and ought to have been included in or made upon one motion, such subsequent application shall be granted only at the cost of the party making the same. 6. Unless the Court gives special leave to the contrary there must be at least two clear days between the service of a notice of motion and the day named in the notice for hearing the motion; provided that, where the notice of motion requires to be served personally out of Court, it shall be served not less than four clear days before the hearing of the application. 7. All notices of motion shall contain the name and registered place of business of the solicitor for the party serving the same, and also the name and registered place of business of the solicitor to be served, and shall be dated of the day on which the same shall be served and every notice of motion served on or by parties suing or appearing in person, shall state their names and places of residence, or addresses for service, in like manner as is prescribed by Order 4, rule 15. 8. If, on the hearing of a motion or other application the Court shall be of opinion that any person to whom notice has not been given ought to have or to have had such notice, the Court may either dismiss the motion or application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose. 9. The hearing of any motion or application may from time to time be adjourned upon such terms (if any) as the Court shall think fit. 10. The plaintiff shall, without any special leave, be at liberty to serve any notice of motion or other notice upon any defendant, who, having been duly served with an originating summons, has not appeared within the time limited for that purpose. 11. The plaintiff may, by leave of the Court to be obtained ex parte , serve any notice of motion upon any defendant along with the originating summons, or at any time after service of the originating summons and before the time limited for the appearance of such defendant. 12. Where any of the parties to a motion on notice fails to attend, the Court may proceed in the absence of such party. Where the Court has so proceeded, such proceeding shall not in any manner be reheard unless the Court shall be satisfied that the party failing to attend was not guilty of wilful delay or negligence; and in such case the costs occasioned by his non-attendance shall be in the discretion of the Court, which may fix the same at the time, and direct them to be paid by the party or his solicitor before he shall be permitted to have such proceeding reheard, or make such other order as to such costs as it may think just. 13. Every conditional order shall be served within ten days from the day on which the same is pronounced unless further time shall be allowed by the Court, and in default of service thereof within such ten days or further time such conditional order shall stand discharged. 14. In the case of an application under any statute directing the purchase money of any property sold to be paid into Court, any persons claiming to be entitled to the money so paid in must make an affidavit not only verifying their title, but also stating that they are not aware of any right in any other person, or of any claim made by any other person, to the sum claimed, or to any part thereof, or, if the claimants are aware of any such right or claim, they must in such affidavit state or refer to and except the same. 15. Any affidavits to be used in support of any motion on notice in any proceeding not assigned to a judge under Order 5, rule 4, shall be mentioned in the notice of motion and copies thereof shall be served therewith. In any proceeding which has been so assigned, it shall not be necessary, except in the cases mentioned in rule 4, to deliver or serve a copy of any affidavit on which the motion is grounded. 16. Upon the hearing of any application in any proceeding not assigned as aforesaid, an affidavit shall not be used without the special leave of the Court, unless the same shall be produced at the hearing or shall have been filed, or, if the application shall be on notice, unless the affidavit shall have been filed and a copy thereof delivered to the opposite party or parties before the hearing of the application. Upon the hearing of any application in any proceeding which has been so assigned, an affidavit shall not be used without the special leave of the Court unless the same shall be produced at the hearing or shall have been filed, or, if the application shall be on notice, unless the affidavit shall have been filed and notice of intention to use the same shall have been given to the opposite party or parties before the hearing of the application. Every affidavit shall be considered as filed only on the day of such copy being delivered or notice given. 17. In the case of any of the following applications, one counsel only shall be allowed unless the Court shall otherwise order:— (1) Applications for a statement of the names of the persons who were co-partners in any firm under Order 14, rule 1. (2) Applications under Order 17, rule 8 to compel a person to proceed. (3) Applications to extend the time for doing any act or taking any step in an action. (4) Applications for an order requiring a party to answer under Order 31, rule 11. (5) Applications for discovery of documents under Order 31, rule 12. (6) Applications for the appointment of guardians ad litem of infants or persons of unsound mind. (7) Applications for the appointment of a guardian for the purpose of concurring in a special case. (8) Applications in probate and admiralty actions under Order 36, rule 4. (9) Applications in reference to sequestrators. (10) Applications under the Debtors Act (Ireland), 1872, section 6. (11) Applications in reference to receivers subsequent to the order for their appointment. (12) Applications in reference to security for costs. (13) Applications for payment or transfer to any person of any cash, stock or securities standing to the credit of any cause or matter where there has been a judgment or order declaring the rights or where the title depends only on proof of the identity, or the birth, marriage, or death, of any person. (14) Applications for the payment of dividends or interest on any stock or securities standing to the separate credit of any person or persons. (15) Applications for liberty to invest or to change investments of money under the control of the Court. (16) Applications for or relating to a sale by auction or private contract, and as to the conduct of the sale, and for payment into court and investment of the purchase money. ORDER 53. SOLICITORS. 1. In this Order: "the Act of 1954" means the Solicitors Act, 1954 "the Act of 1960" means the Solicitors (Amendment) Act, 1960 "the Society" means the Incorporated Law Society of Ireland. "the Committee" means the Disciplinary Committee constituted in pursuance of section 6 of the Act of 1960. "the President" means the President of the High Court. A reference to the President shall, where the function or power in question stands delegated under section 6 of the Act of 1954 to a Judge of the High Court, be construed as a reference to such Judge. 2. Service of any document upon the Society under this Order may be effected by serving the same on the Director General of the Society or by sending the same by prepaid registered post addressed to the Director General of the Society at Blackhall Place, Dublin. 3. Service of any document upon any other person under this Order may be effected in the manner provided in section 30 of the Act of 1960. Application for admission as a solicitor. 4. Every person desiring to apply to be admitted by the President, and to be enrolled, as a solicitor, may apply by lodging a form of certificate of admission with the registrar of solicitors together with the prescribed fees. The certificate of admission shall be in the Form No. 1 in Appendix H. 5. If the applicant has complied with the requirements of the Act of 1954 concerning admission and the regulations made thereunder, the registrar of solicitors shall sign a certificate to that effect and lodge the same, together with the form of certificate of admission, in the Central Office and thereupon the President shall, unless cause to the contrary is shown, admit the applicant as a solicitor by signing the certificate of admission which shall forthwith be returned by the proper officer to the registrar of solicitors. 6. Upon receipt of the certificate of admission signed by the President, the registrar of solicitors shall enter the name of the applicant on the roll of solicitors and notify him thereof. Disciplinary provisions. 7. (1) Where the Committee makes a report which is required to be brought before the Court pursuant to section 7 (3) or section 9 (2)( ) of the Act of 1960, the Society shall bring the report before the Court by presenting a petition to the Court, with the report annexed thereto. (2) The petition shall be in the Form No. 2 or No. 3 in Appendix H and shall be verified by an affidavit of the secretary of the Society in the Form No. 4 in Appendix H. 8. As soon as a date has been fixed for the hearing of the petition, a copy of the petition with particulars of the date so fixed indorsed thereon shall be served upon the solicitor to whom it relates. 9. Upon the hearing of the petition, the Court may require any notice, affidavit, or other document used or laid in evidence before the Committee or a transcript of any oral evidence given before the Committee to be produced or made available to the Court by the Society or the Committee in such manner as the Court may direct. 10. An application pursuant to section 10 of the Act of 1960 by a person to have his name restored to the roll of solicitors shall be made by motion on notice to the Society in the proceedings in which his name was removed from the roll. 11. An attested copy of every order made by the Court under the Act of 1960 shall be sent by the Society to the Committee for filing with the registrar of solicitors. Appeals and applications to the President under Parts IV, V and VI of the Act of 1954. 13. The notice of motion shall state the order or decision of the Society or the registrar of solicitors (as the case may be) in respect of which the appeal or application is brought, the grounds of the appeal or application and the order (if any) sought by the appellant or applicant on such appeal or application. 14.

The notice of motion shall be served on the Society or, in the case of an application under section 47 (6) of the Act, on the registrar of solicitors, within one month from the date on which the appellant or applicant was notified of the order or decision of the Society or the registrar (as the case may be). 15. The appeal or application shall be entered by the appellant or applicant by delivering a copy of the notice of motion (with the date of service thereof indorsed), together with any affidavit intended to be used in support thereof, to the proper officer at the Central Office at latest upon the day after the date of the service thereof upon the Society or the registrar of solicitors (as the case may be). 16. The evidence upon the hearing of any such appeal or application shall be by affidavit, except in so far as the President may direct oral evidence to be given. 18. In case of an application to the President under the said sections 47 (6) or 48 (3), any order made thereon by the President shall be served by the applicant on the registrar of solicitors who shall forthwith take all such steps as may be necessary to comply therewith; and in every other case, any order made by the President on an appeal or application may be served by the appellant or applicant on the Society which shall forthwith take all such steps as may be necessary to comply therewith. Applications relating to the control of a solicitor's property. 19. Every application to the Court made under section 19 (2) ( ) of the Act of 1960 or under paragraph 15 (2) ( 21. Every application by the Society to the Court under section 20 (1) of the Act of 1960 or under paragraph 17 of the Fifth Schedule to the Act of 1954 shall be governed by the following provisions:— ) the application may be made on motion ex parte ) any order of the Court directing that no banking company shall, without leave of the Court, make any payment out of a banking account in the name of such solicitor or his firm shall be served upon such banking company or companies and in such manner (if any) as shall be specified in the order; ) any order of the Court directing that a specified banking company shall not, without leave of the Court, make any payment out of a banking account in the name of such solicitor or his firm shall be served upon the said banking company in such manner (if any) as shall be specified in the order; ) any order made as aforesaid shall be served upon the solicitor or the firm whose account is affected thereby within such time as may be specified in the said order or within such extended time as may be fixed by any subsequent order unless the Court shall dispense with such service; ) the solicitor or firm whose account is affected by any such order as aforesaid or any banking company on which any such order has been served may at any time apply to the Court by motion on notice to the Society to discharge, set aside or vary the said Order, and thereupon the Court may discharge, set aside or vary the said order upon such terms as may be just; ) an application for leave to make any payment out of a banking account affected by any such order as aforesaid may be made by motion on notice to the Society; ) the Society or any other interested party may at any time apply to the Court by motion to discharge or vary any such order as aforesaid, and notice of such application shall be given to the persons affected thereby unless the Court shall dispense with such notice. Applications relating to client's property. 22. Where the relationship of solicitor and client exists, or has existed, a special summons may be issued by the client or his representatives for the delivery of a cash account, or the payment of moneys, or the delivery of securities, and the Court may from time to time order the respondent to deliver to the applicant a list of the moneys or securities which he has in his custody or control on behalf of the applicant, or to bring into Court the whole, or any part of the same, within such time as the Court may order. In the event of the respondent alleging that he has a claim for costs, the Court may make such provision for the payment or security thereof or the protection of the respondent's lien (if any) as the Court may think fit. ORDER 54. ADMINISTRATION, TRUSTS AND MORTGAGES. 1. The executors or administrators of a deceased person or any of them, and the trustees under any deed or instrument or any of them, and any person claiming to be interested in the relief sought as creditor, devisee, legatee, next-of-kin, or heir-at-law of a deceased person, or as cestui que trust under the trust of any deed or instrument, or as claiming by assignment or otherwise under any such creditor or other person as aforesaid, may take out, a special summons for relief of the nature or kind specified in Order 3 (1) to (7) inclusive. 2. The persons to be named as defendants in any summons under rule 1 shall in the first instance be the following:— (1) Where the summons is taken out by executors, administrators or trustees or any of them:— ) for the determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin or heir-at-law, or cestui que trust , or arising in the administration of the estate or trust, or for a direction to the executors, administrators or trustees to do or abstain from doing any particular act in their character as such, or for the approval of any sale, purchase, compromise or other transaction: the persons, or one of the persons, whose rights or interests are sought to be affected; ) for the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others: any member or alleged member of the class; ) for the furnishing and vouching of accounts by the executors, administrators or trustees: any person interested in taking such accounts; ) for the payment into Court of any money in the hands of the executors, administrators or trustees: any person interested in such money; ) for the administration of the personal estate or freehold registered land devolving as personalty of the decreased: the residuary legatees or next-of-kin, or some of them; ) for the administration of the real estate of the deceased: the residuary devisees or heirs, or some of them; ) for the administration of the trust: the cestuis que trustent or some of them; ) if there are more than one executor, administrator or trustee and they do not all join as plaintiffs: those who do not join. (2) Where the summons is taken out by any person other than the executors, administrators or trustees: the said executors, administrators or trustees. 3. Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having property subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out a special summons for relief of the nature or kind specified in Order 3 (15). 4. A special summons under Order 3 (8) shall be entitled in the matter of the estate of the person upon whose decease the estate duty has been paid or claimed, and in the matter of the Finance Act, 1894, and shall in other respects be in the form prescribed by Order 1, rule 4. 5. It shall not be obligatory on the Court to pronounce or make a judgment or order for the administration of any trust or of the estate of any deceased persons if the questions between the parties can be properly determined without such judgment or order. 6. Upon an application for administration or execution of trusts by a creditor or beneficiary under a will, intestacy, or deed of trust, where no accounts or insufficient accounts have been rendered, the Court may in addition to the powers already existing— ) order that the application shall stand over for a certain time, and that the executors, administrators, or trustees in the meantime shall render to the applicant a proper statement of their accounts, with an intimation that if this is not done they may be made to pay the cost of the proceedings; ) when necessary to prevent proceedings by other creditors or by persons beneficially interested, make the usual judgment or order for administration, with a proviso that no proceedings are to be taken under such judgment or order without leave of the Court. ORDER 55. THE EXAMINER. Powers and duties. 1. The Examiner shall take such accounts and conduct such inquiries as may be ordered by the Court, and may make such orders of an interlocutory nature as have heretofore been made by the Examiner, and shall perform and fulfil such other duties and functions as have heretofore been performed and fulfilled by the Examiner or as shall from time to time be conferred on or assigned to him by statute or rule of Court. 2. The Examiner shall, for the purpose of any proceedings before him have power to issue advertisements, to summon parties and witnesses, to administer oaths, to require the production of documents, to take affidavits and acknowledgments, and, where an account consists in part of a bill of costs, to request the Taxing Master to assist in settling such costs by taxing such bill, and when so directed by the Court, to examine parties and witnesses either upon interrogatories or viva voce 3. Parties and witnesses required to attend before the Examiner shall be liable to process of contempt in like manner as parties or witnesses are liable thereto in case of disobedience to any order of the Court, or in case of default in attendance, in pursuance of any order of the Court or of any subpoena ad testificandum, and all persons swearing or affirming before the Examiner, shall be liable to all such penalties, punishments, and consequences for any wilful and corrupt false swearing or affirming, as if the matters sworn or affirmed had been sworn and affirmed before any other person by law authorised to administer oaths, to take affidavits, and to receive affirmations. 4. The Court may direct any computation of interest, or the apportionment of any fund, to be certified by the Examiner, and to be acted upon by the Accountant or other person without further order. 5. The notice requiring the attendance before the Examiner of parties, witnesses, or others shall be in the Form No. 2 in Appendix G. 6. At any time during the proceedings under any order, the Court or the Examiner may require a guardian ad litem to be appointed for any infant or person of unsound mind not so found by inquisition, who has been served with notice of such order. Documents to be left at the Examiner's Office. 7. In all cases of proceedings under any order, the party prosecuting the same shall leave a copy of such order at the Examiner's Office; such copy shall be certified by such party or his solicitor to be a true copy. 8. A note stating the names of the solicitors for all the parties, and showing for which of the parties such solicitors are concerned, shall be left at the Examiner's Office with every order, together with plain copies of the originating summons, pleadings and affidavits (if any). 9. Where notice of an order has been served in pursuance of Order 15, rule 31, the party prosecuting the same shall leave at the Examiner's Office— ) a copy, certified by him or his solicitor, of every appearance entered by a person served with such notice, and ) a certificate of the proper officer of the entry of a memorandum of service of such notice upon those persons who have not, within one month of service upon them, entered an appearance. Notice to proceed. 10. An attested copy of every order directing accounts or inquiries to be taken or made shall be left at the Examiner's Office by the party entitled to prosecute the same within ten days after the same shall have been perfected and in default thereof any other party to the cause or matter shall be at liberty to leave the same, and such party shall have the prosecution of such order unless the Court shall otherwise direct. 11. Upon a copy of the order being left at the Examiner's Office, a notice to proceed under the order shall be taken out, and upon the return day of such notice the Examiner, if satisfied by proper evidence that all necessary parties have been served with notice of the order, shall thereupon give directions as to the manner in which each of the accounts and inquiries is to be prosecuted, the evidence to be adduced in support thereof, the parties who are to attend on the several accounts and inquiries, and the time within which each proceeding is to be taken, and a day or days may be appointed for the future attendance of the parties, and and all such directions may afterwards be varied, by addition thereto or otherwise, as may be found necessary. Such notice to proceed shall be in the Form No. 1 in Appendix G. 12. Where by an order a deed is directed to be settled by the Court in case the parties differ, a notice to proceed shall be issued, and upon the return day of the notice the party entitled to prepare the draft deed shall be directed to deliver a copy thereof, within such time as the Examiner shall think fit, to the party entitled to object thereto, and the party so entitled to object shall be directed to deliver to the other party a statement in writing of his objections (if any) within eight days after the delivery of such copy, and the proceeding shall be adjourned until after the expiration of the said period of eight days. 13. Where it appears that by reason of absence, or for any other sufficient cause, the service of notice of the order upon any person cannot be made or ought to be dispensed with, the Court may wholly dispense with such service, or may order any substituted service or notice by advertisement or otherwise in lieu of such service. 15. If, on the hearing of the notice to proceed, it shall appear that all necessary parties are not parties to the action, or have not been served with notice of the order, directions may be given for advertisement for creditors, and for leaving the accounts in the Examiner's Office, but the adjudication on creditors' claims and the accounts shall not be proceeded with, and no other proceeding shall be taken, except for the purpose of ascertaining the parties to be served, until all necessary parties shall have been served and are bound, or service shall have been dispensed with, and until directions shall have been given as to the parties who are to attend on the proceedings. Appointment Book. 17. At the time any notice to proceed is taken out or any appointment is obtained, an entry thereof shall be made in "the Appointment Book." 18. Matters coming before the Examiner shall, unless the Court otherwise directs, when ready for hearing be entered in daily lists, and taken in their order on such lists; and every matter commenced shall be continued until completion, subject to such adjournments as the Examiner shall for good cause consider necessary and upon such terms as to costs or otherwise as he shall deem proper. 19. Where, upon the hearing of the notice to proceed, or at any time during the prosecution of the order, it appears with respect to the whole or any portion of the proceedings, that the interests of the parties can be classified, the Court may require the parties constituting each or any class to be represented by the same solicitor, and may direct what parties may attend all or any part of the proceedings, and where the parties constituting any class cannot agree upon the solicitor to represent them, the Court may nominate such solicitor for the purpose of the proceedings before it and where any one of the parties constituting such class declines to authorise the solicitor so nominated to act for him, and insist upon being represented by a different solicitor, such party shall personally pay the costs of his own solicitor of and relating to the proceedings before the Court, with respect to which such nomination shall have been made, and all such further costs as shall be occasioned to any of the parties by his being represented by a different solicitor from the solicitor so nominated. 20. Whenever the same solicitor is employed for two or more parties, the Court may require that any of the said parties shall be represented by a distinct solicitor other than the town agent of such first-mentioned solicitor, and adjourn the proceedings until such party is so represented. 21. Any party other than those who shall have been directed to attend may attend at his own expense, and upon paying the costs, if any, occasioned by such attendance, or he may apply for liberty to attend at the expense of the estate, or to have the conduct of the action either in addition to or in substitution for any of the parties who shall have been directed to attend. 22. An order shall be drawn up, on a notice to be issued by the plaintiff or the party having the conduct of the action, or other proceeding, stating the parties who shall have been directed to attend and such of them (if any) as shall have elected to attend at their own expense, and such order shall be recited in the Examiner's certificate. Advertisements for creditors and claimants. 23. Where an order is made directing an account of debts, claims or liabilities, or an inquiry for heirs, next-of-kin, or other unascertained persons, all persons who do not come in and prove their claims within the time which may be fixed for that purpose by advertisement, shall, unless otherwise ordered, be excluded from the benefit of the order. Such advertisement shall be by notice in the press or by such other means as the Court may direct. 24. Where an advertisement is required for the purpose of any proceeding before the Examiner only one shall be issued, unless for any special reason it may be necessary to issue a second or further advertisements. An advertisement may be repeated as many times and in such manner as may be directed. 25. The advertisements for claimants and creditors shall be prepared by the party prosecuting the order, and submitted to the Examiner for approval, and when approved shall be signed by him. 26. Advertisements for creditors and other claimants shall fix a time within which each claimant, not being a creditor, is to come in and prove his claim, and within which each creditor is to send to the executor or administrator of the deceased, or to such other party as may be directed or to his solicitor, to be named and described in the advertisement, the name and address of such creditor and the full particulars of his claim, and a statement of his account and the nature of the security (if any) held by him. Such advertisements shall be in one of the Forms Nos. 3, 4, 5 and 6 in Appendix G. At the time of directing such advertisement a time shall be fixed for adjudicating on the claims. 27. The person who examines the claims shall produce at the hearing attested copies of the affidavits filed by claimants, unless the Court shall otherwise direct. 28. No creditor or other claimant need make any affidavit nor attend in support of his claim (except to produce his security) unless he is served with a notice requiring him to do so as hereinafter provided. 29. Every creditor shall on request produce the security (if any) held by him, and shall, if required by notice in writing given by the executor or administrator of the decreased, or by such other party as the Court shall direct, produce all other deeds and documents necessary to substantiate his claim before the Examiner at such time as shall be specified in such notice. The notice shall be in the Form No. 7 in Appendix G. 30. In case any creditor shall neglect or refuse to comply with rule 29, he shall not be allowed any costs of proving his claim unless the Court shall otherwise direct. 31. The executor or administrator of the deceased, or such other party as may be directed shall examine the claims of creditors sent in, pursuant to the advertisement, and shall ascertain, so far as he is able, to which of such claims the estate of the deceased is justly liable, and he shall, at least seven clear days prior to the time appointed for adjudication, file an affidavit in the Form No. 8 in Appendix G to be made by such executor or administrator, or one of the executors or administrators, or such other party, jointly with his solicitor or otherwise, as the Court shall direct, verifying a list of the claims in the Form No. 9, in Appendix G, the particulars of which have been sent pursuant to the advertisement, and stating to which of such claims, or parts thereof respectively, the estate of the deceased is, in the opinion of the deponent justly liable, and his belief that such claims or parts thereof respectively, are justly due and proper to be allowed and the reasons for such belief. 32. In case the Examiner shall think fit so to direct the making of the affidavit referred to in rule 31 shall be postponed till after the day appointed for adjudication, and shall then be subject to such directions as the Examiner may give. 33. Where on the day appointed for hearing the claims any of them remain undisposed of, the hearing of such claims shall be adjourned to such day as may be fixed, and where further evidence is to be adduced, a time may be named within which the evidence on both sides is to be closed and directions may be given as to the mode in which such evidence is to be adduced. 34. At the time appointed for adjudicating upon the claims of creditors or at any adjournment thereof, the Examiner may, in his discretion, allow any of the claims, or any part thereof respectively without proof by the creditors, and direct investigation of all or any of the claims not allowed, and require further particulars, information, or evidence relating thereto, and may, require any creditor to attend and prove his claim, or any part thereof, and the adjudication on such claims as are not then allowed shall be adjourned to a day to be then fixed. 35. (1) Where the claim of any creditor has been allowed, in whole or in part, without proof by such creditor, notice of such allowance shall be given to him in the Form No. 10 in Appendix G by the executor or administrator or such other party as may be directed. (2) Where any creditor is required to attend and prove his claim or any part thereof, notice shall be given to him in the Form No. 11 in Appendix G by the executor or administrator or such other party as may be directed, requiring him to file an affidavit in support of his claim within such time (not being less than seven days after service of such notice) as may be specified in the notice and to attend at the time specified in such notice for adjudicating on such claim. If the creditor shall fail to comply with such requirements, his claim or the part thereof required to be proved shall be disallowed. 36. No claim shall be received after the time fixed by the advertisement except by special leave of the Court. Application for such leave shall be made by motion on notice and it may be granted upon such terms and conditions as the Court shall direct. 37. A creditor who has been required to attend and prove and has established his debt shall be entitled to the costs of so doing and the sum to be allowed for such costs shall be fixed by the Court, unless the Court shall direct the taxation thereof; and the amount of such costs, or the sum allowed in respect thereof, shall be added to the debt so established. 38. A list of all claims allowed shall, when required, be made out and left with the Examiner by the person who examines the claims. 39. Where any order is made for payments by the Accountant to creditors, the party whose duty it is to prosecute such order shall send to each such creditor or his solicitor (if any) a notice in the Form No. 12, in Appendix G that the drafts may be received from the Accountant, and such party shall, when required, produce such order and any other papers necessary to enable such creditors to receive their drafts and get them passed. 40. Every notice by this Order required to be given to creditors or other claimants shall, unless the Court shall otherwise direct, be served through the Central Office on the creditor or other claimant at the address given in his claim, or, in case such creditor or other claimant shall have employed a solicitor, on such solicitor at the address given by him. 41. When an order directs an account of the debts of a deceased person, interest shall (except in the case of insolvent estates or where otherwise ordered) be computed on such debts as to such of them as carry interest at the rate they respectively carry, and as to all others at the rate standing specified in section 26 of the Debtors (Ireland) Act, 1840 from the date of the order. 42. A creditor whose debt does not carry interest and who established the same pursuant to an order of the Court shall be entitled to interest thereon at said rate per cent. per annum from the date of the order out of any assets available therefor after the satisfaction of all prior claims. 43. Where an order is made directing an account of legacies, interest shall be computed on such legacies at said rate per cent. per annum from the end of one year after the testator's death, unless otherwise ordered, or unless any other time of payment or rate of interest is directed by the will, and in that case according to the will. Examiner's certificate. 44. The result of any proceedings before the Examiner shall be stated in the form of a concise certificate to the Court. Unless an order to discharge or vary the same is made, the certificate shall be deemed to be approved and adopted by the Court. 45. The Examiner's certificate shall not, unless the circumstances of the case render it necessary, set out the order or any documents or evidence or reasons, but shall refer to the order, documents, and evidence or particular paragraphs thereof, so that it may appear upon what the result stated in the certificate is founded. 46. The Examiner's certificate shall be in the Form No. 16 in Appendix G and shall be signed by the Examiner. 47. Where an account is directed, the certificate shall state the result of such account, and not set the same out by way of schedule, but shall refer to the account verified by the affidavit filed, and shall specify, by the numbers attached to the items in the account, which (if any), of such items have been disallowed or varied, and shall state what additions (if any) have been made by way of surcharge or otherwise, and where the account verified by the affidavit has been so altered that it is necessary to have a fair transcript of the account as altered, such transcript may be required to be made by the party prosecuting the order, and shall then be referred to by the certificate. The accounts and the transcripts (if any) referred to in the certificate shall be filed therewith, or retained in the Examiner's Office and subsequently filed, as the Examiner may direct. 48. Any party or other person interested may, before the proceedings before the Examiner are concluded, take the opinion of the Court upon any matter arising in the course of the proceedings upon notice given to all proper persons. Such notice shall be in one of the Forms Nos. 14 and 15 in Appendix G. 49. Every certificate, with the accounts (if any) to be filed therewith, shall be transmitted by the Examiner to the Central Office and there filed, and shall thenceforth be binding on all parties to the proceedings unless discharged or varied upon application by motion of which notice shall have been served within eight days of such filing; provided that in case of an application to discharge or vary any certificate to be acted upon by the Accountant without further order, or any certificate on passing receivers' or liquidators' accounts, the notice shall be served within three days after the filing of the certificate. 50. The Court may, in special circumstances, upon an application by motion for the purpose, direct a certificate to be discharged or varied at any time after the same has become binding on the parties. 51. Notes shall be kept of all proceedings before the Examiner with proper dates, so that all such proceedings in each cause or matter may appear consecutively, and in chronological order, with a short statement of the questions or points decided or ruled at every hearing. 52. All orders made by the Examiner shall be transmitted to the Central Office and there filed. 53. Counsel shall not be heard in proceedings before the Examiner unless the Court shall otherwise direct. 54. The Forms Nos. 17 to 31 in Appendix G shall be used for the respective purpose therein mentioned. ORDER 56. ARBITRATION. 1. In this Order: 2. An application to stay proceedings in pursuance of section 5 of the Arbitration Act, 1980 , may be made by motion in such proceedings on notice to the plaintiff. 3. Where relief by way of interpleader is granted, an application to direct the issue between the claimants to be determined by arbitration in pursuance of section 13 of the Arbitration Act, 1954 , may be made by any party at the hearing of the application or proceedings in which such relief is granted or at the conclusion of such hearing. 4. An application by any party to a reference under an arbitration agreement— ) to appoint an arbitrator or umpire, or ) to remove an arbitrator or umpire, with or without an application to appoint another person in his place, or ) to remit an award to an arbitrator or umpire, or ) to direct an arbitrator or umpire to state a special case for the Court, or ) to set aside an award, or ) to enforce an award in pursuance of section 41 of the Arbitration Act, 1954 may be made by special summons, to which the other party to the reference, and (in the case of an application under paragraph ( ) or paragraph ( )) the arbitrator or umpire, shall be defendants. An application to remit or set aside an award shall be made within six weeks after the award has been made and published to the parties, or within such further time as may be allowed by the Court. 5. An application to enlarge the time for making an award under an arbitration agreement may be made by any party to the reference by motion on notice to the other party and to the arbitrator or umpire (as the case may be) or may be made by the arbitrator or umpire by motion on notice to the parties to the reference. 6. An application for the delivery of an award and taxation of the fees of an arbitrator or umpire in pursuance of section 33 of the Arbitration Act, 1954 , may be made by any party to the reference by motion on notice to the arbitrator or umpire. 7. Any application to the Court under or in pursuance of the Act, for which provision is not made by rules 2 to 6, may be made by a party to a reference under an arbitration agreement by motion on notice to the other party. 8. Every originating notice of motion under this Order (other than an application under section II (3) of the Arbitration Act, 1954 , shall be entitled in the matter of the arbitration to which it relates and in the matter of the Act, and the provisions of Order 5 rule 7 shall apply mutatis mutandis to such notices of motion. ORDER 57. INTERPLEADER. 1. Relief by way of interpleader may be granted— ) where the person seeking relief (in this Order called the applicant) is under liability for any debt, money, goods, or chattels, for or in respect of which he is, or expects to be, sued by two or more parties (in this Order called the claimants) making adverse claims thereto; or ) where the applicant is a sheriff or other officer charged with the execution of process by or under the authority of the High Court or the Supreme Court and claim is made to any money, goods, or chattels taken or intended to be taken in execution under any process, or to the proceeds or value of any such goods or chattels by any person other than the person against whom the process issued. 2. (1) The applicant must satisfy the Court by affidavit or otherwise— ) that the applicant claims no interest in the subject-matter in dispute, other than for charges or costs; and ) that the applicant does not collude with any of the claimants; and ) that the applicant, except where he is a sheriff or other officer charged with the execution of process by or under the authority of the High Court or Supreme Court who has seized goods and who has withdrawn from possession in consequence of the execution creditor admitting the claim of the claimant under rule 15, is willing to pay or transfer the subject-matter into Court or to dispose of it as the Court may direct. (2) The affidavit shall be in the Form No. 23 in Appendix C. 3. The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin, but are adverse to and independent of one another. 4. Where the applicant is a defendant, application for relief may be made by motion on notice at any time after the commencement of the proceedings. In any other case, the application shall be by special summons. 5. The application for relief shall call on the claimants to state the nature and particulars of their claims and either to maintain or relinquish them. 6. If the application is made by a defendant in an action the Court may stay all further proceedings in the action. 7. If the claimants maintain their claims, the Court may order either that any claimant be made a defendant in any action already commenced in respect of the subject-matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff, and which defendant, in such issue. 8. The Court may, with the consent of both claimants, or on the request of any claimant, if, having regard to the value of the subject matter in dispute, it seems desirable so to do, dispose of the merits of their claims, and decide the same in a summary manner and on such terms as may be just. 10. If a claimant fails to maintain, or relinquish, his claim in such proceedings, or neglects or refuses to comply with any order made therein, the Court may make an order declaring him, and all persons claiming under him, for ever barred against the applicant and persons claiming under him, but the order shall not affect the rights of the claimants as between themselves. 11. When goods or chattels have been seized in execution by a sheriff or other officer charged with the execution of process of the High Court or the Supreme Court, and any claimant alleges that he is entitled under a bill of sale or otherwise to the goods or chattels by way of security for debt, the Court may order the sale of the whole or a part thereof and direct the application of the proceeds of the sale in such manner and upon such terms as may be just. 12. Orders 31 and 36 shall, with the necessary modifications, apply to an interpleader issue; and the Court which tries the issue may finally dispose of the whole matter of the interpleader proceedings including all costs not otherwise provided for. 13. Where in any interpleader proceedings it is necessary or expedient to make one order in several causes or matters such order may be made by the Court before which the interpleader proceeding may be taken, and shall be entitled in all such causes or matters; and any such order (subject to the right of appeal) shall be binding on the parties in all such causes or matters. 14. The Court may, in or for the purposes of any interpleader proceedings, make all such orders as to costs and all other matters as may be just and reasonable. 15. Any claim to or in respect of any goods or chattels taken in execution under the process of the Court shall be made in writing, and upon the receipt of the claim, the sheriff or his officer shall forthwith give notice thereof to the execution creditor according to the Form No. 24 in Appendix C, and the execution creditor shall, within four days after receiving the notice, give notice to the sheriff or his officer that he admits or disputes the claim, according to the Form No. 25 in Appendix C. If the execution creditor admits the title of the claimant, and gives notice as directed by this rule, he shall only be liable to such sheriff or officer for any fees and expenses incurred prior to the receipt of the notice admitting the claim. 16. When the execution creditor has given notice to the sheriff or his officer that he admits the claim of the claimant, the sheriff may thereupon withdraw from possession of the goods claimed, and may apply for an order protecting him from any action in respect of the said seizure and possession of the said goods, and the Court may make any such order as may be just and reasonable in respect of the same; provided always, that the claimant shall receive notice of such intended application, and may attend the hearing of the same, and if he attend, the Court may, in and for the purposes of such application, make all such orders as to cost as may be just and reasonable. 17. Where the execution creditor does not in due time, as directed by rule 15, admit or dispute the title of the claimant to the goods or chattels, and the claimant does not withdraw his claim thereto by notice in writing to the sheriff or his officer, the sheriff may apply for an interpleader order, and the Court may, in and for the purposes of such interpleader proceedings, make all such orders as to costs, fees, charges and expenses, as may be just and reasonable. ORDER 58. APPEALS TO THE SUPREME COURT. 1. All appeals to the Supreme Court shall be by way of rehearing and (save from the refusal of an ex parte application) shall be brought by notice of motion (in this Order called "the notice of appeal"). The appellant may appeal from the whole or any part of any judgment or order and the notice of appeal shall state whether the whole or part only of such judgment or order is complained of and, in the latter case, shall specify such part. 2. In any cause or matter where there has been a trial thereof, or of any issue therein, with a jury every notice of appeal therein shall include an application for a new trial and such other relief as may be sought, . to set aside the verdict and finding of a jury or to enter judgment for the appellant. 3. (1) The notice of appeal shall in every case be a ten-day notice and subject to the provisions of this Order, shall be served not later than twenty-one days from the passing and perfecting of the judgment or order appealed against. (2) The date of passing and perfecting shall be indorsed on the judgment or order by the proper officer of the Court in which the judgment or order was pronounced or made. (3) The Supreme Court shall have power to abridge the time appointed by these Rules for notice of an appeal to the Supreme Court upon terms (if any) as it may direct. (4) The Supreme Court shall have power to enlarge the time appointed by these Rules or fixed by any order enlarging time for the service of a notice of appeal to the Supreme Court upon such terms (if any) as it may direct, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed. 4. The notice of appeal shall in every case state the grounds of appeal and the relief sought or the order (if any) in lieu of the judgment or order appealed from sought by the appellant and when there has been a trial with a jury whether all or part only of the verdict or findings is complained of. 5. The notice of appeal shall be served upon all parties directly affected by the appeal, and it shall not be necessary to serve parties not so affected; but the Supreme Court may direct notice of the appeal to be served on all or any of the parties to the action or other proceeding, or upon any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may be just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties. 6. Any notice of appeal may be amended at any time on such terms as the Supreme Court may think fit. 7. In any appeal within rule 2, the following provisions in addition to such of the provisions of this Order as are applicable, shall apply:— (1) The Registrar of the Supreme Court shall apply to the trial Judge for a report, so far as he may deem necessary, of the trial for the information of the Supreme Court. (2) A new trial shall not be granted on the ground of mis-direction or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the Judge at the trial was not asked to leave to them, unless in the opinion of the Supreme Court some substantial wrong or miscarriage has been thereby occasioned in the trial; and if it appear to such Court that such wrong or miscarriage affects part only of the matter in controversy, or some or one only of the parties, the Supreme Court may give final judgment as to part thereof, or as to some or one only of the parties, and may direct a new trial as to the other part only, or as to the other party or parties. (3) A new trial may be ordered on any question, whatever be the grounds for the new trial, without interfering with the finding or decision upon any other question. 8. The Supreme Court shall have all the powers and duties as to amendment and otherwise of the High Court, together with full discretionary power to receive further evidence upon questions of fact, such evidence to be either by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner. Such further evidence may be given without special leave upon any appeal from an interlocutory judgment or order or in any case as to matters which have occurred after the date of the decision from which the appeal is brought. Upon any appeal from a final judgment or order such further evidence (save as to matters subsequent as aforesaid) shall be admitted on special grounds only, and not without special leave of the Supreme Court (obtained upon application therefor by motion on notice setting forth such special grounds). The Supreme Court shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been made and to make such further or other order as the case may require. The powers aforesaid may be exercised by the Supreme Court, notwithstanding that the notice of appeal asks that part only of the decision be reversed or varied, and such powers may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision. The Supreme Court shall have power to make such order as to the whole or any part of the costs of the appeal as may be just. 9. If upon the hearing of an appeal, it shall appear to the Supreme Court that a new trial ought to be had, it may order that the judgment or order be set aside and that a new trial be had. 10. It shall not, under any circumstances, be necessary for a person served with notice of appeal to give notice by way of cross appeal, but if such person intends, upon the hearing of the appeal, to contend that the judgment or order appealed from should be varied, he shall within four days of such service upon him or within such extended time as may be allowed by the Supreme Court give notice of such intention to any parties who may be affected by such contention. Every such notice shall be a four-day notice and the appeal shall not be listed before the expiration thereof. The omission to give such notice shall not diminish the powers conferred by statute or these Rules upon the Supreme Court, but may, in the discretion of the Supreme Court, be ground for an adjournment of the appeal or for a special order as to costs. 11. All appeals to the Supreme Court shall be entered in the Office of the Registrar of the Supreme Court within seven days of service, or of the last service, if more than one, of the notice of appeal. The appellant shall lodge with the Registrar of the Supreme Court an attested copy of the judgment or order appealed from and shall leave with him a copy of the notice of appeal (indorsed with sufficient particulars of service) to be filed and as soon as the necessary papers are in order and ready such officer shall thereupon set down the appeal by entering the same in the proper list of appeals and it shall come on to be heard according to its order in such list, unless the Supreme Court shall otherwise direct. 12. The appellant shall without delay lodge in the Office of the Registrar of the Supreme Court five books of appeal each containing copies of the pleadings and all other documents required for the hearing of the appeal with a sufficient index, a true copy of which index shall have been previously furnished to every other party affected by the appeal; provided that in any appeal within rule 2 three books of appeal shall be lodged initially, unless the Court shall otherwise require. 13. Where an ex parte application has been refused in whole or in part by the High Court an application for a similar purpose may be made to the Supreme Court ex parte within four days from the date of such refusal, or within such enlarged time as the Supreme Court may allow. 14. When any question of fact is involved in an appeal, the evidence taken in the High Court bearing on such question shall, subject to any special order, be brought before the Supreme Court as follows:— ) as to any evidence given orally, by the production of a copy of the Judge's notes, or such other materials as the Supreme Court may deem expedient. 15. If, upon the hearing of an appeal, a question arises as to the ruling or direction of a Judge to a jury or assessors, the Supreme Court shall have regard to verified notes or other evidence, and to such other materials as the Supreme Court may deem expedient. 16. No interlocutory order or rule from which there has been no appeal shall operate so as to bar or prejudice the Supreme Court from giving such decision upon the appeal as may be just. 17. Such deposit or other security for the costs to be occasioned by any appeal shall be made or given as may be directed under special circumstances by the Supreme Court. 18. An appeal to the Supreme Court shall not operate as a stay of execution or of proceedings under the decision appealed from, except so far as the High Court or the Supreme Court may order; and no intermediate act or proceeding shall be thereby invalidated, except so far as the High Court or the Supreme Court may direct. 19. Whenever under these Rules an application may be made either to the High Court or to the Supreme Court it shall be made in the first instance to the High Court. 20. On an appeal from the High Court, interest for such time as execution has been delayed by the appeal shall be allowed, unless the Supreme Court otherwise orders, and the Taxing Master or other proper officer may compute such interest without any order for that purpose. 21. This Order shall, so far as applicable, apply to all appeals to the Supreme Court from any special tribunal or body. 22. Where a defendant desires to contest as respondent, in pursuance of the Civil Liability Act, 1961 , section 32 (3), an appeal brought by a co-defendant, he shall serve notice of his intention to do so in the Form No.

30 in Appendix C upon such co-defendant and the plaintiff, and upon any other party directly affected thereby, within seven days from the date on which the notice of appeal was served upon him, or within such extended time as may be allowed by the Supreme Court, and shall lodge a copy of the notice of intention to contest the appeal with the Registrar of the Supreme Court at latest upon the day after the last service of such notice. 23. (1) The following provisions shall apply to appeals to the Supreme Court on questions of law under the Electoral Act, 1963 , and the Local Government (Petitions and Disqualifications) Act, 1974. (2) Every such appeal shall be by notice of appeal in accordance with rule 1; and such notice of appeal shall be served within twenty-one days from the date on which the judgment or order appealed from was pronounced in open Court and shall be lodged with the Registrar of the Supreme Court forthwith. (5) The Registrar of the Supreme Court shall give notice to the appropriate registration authority of the order made by the Supreme Court finally determining any appeal in the Form No. 7 or No. 8, as the case may be, in Appendix V. ORDER 59. CASES STATED FOR THE SUPREME COURT. 1. In this Order: "the Act" means the Courts of Justice Act, 1936 , (No. 48 of 1936). "County Registrar" includes any deputy County Registrar and any person appointed to act as such Registrar or deputy, and also, where the context permits, any person appointed to act as Registrar to the High Court on Circuit. 2. (1) This rule shall apply to a case stated by the Court under the provisions of Part IV of the Act, and to a case stated by a Circuit Court Judge under the provisions of the Courts of Justice Act, 1947 section 16. (2) In the case of a case stated by the High Court on Circuit, or by a Circuit Court Judge, the County Registrar, and in the case of a case stated by the High Court sitting in Dublin, the Registrar of such Court, as soon as the case stated shall have been signed and lodged with such County Registrar or Registrar, as the case may be, shall indorse thereon the date of lodgment, the name of the party or parties who applied for the case to be stated, the name of the party who is to have carriage thereof, and the names and addresses of the solicitors (if any) for the several parties. Such County Registrar or Registrar as the case may be, within seven days of such lodgment, shall serve notice of such signing and lodgment by registered post on every party who appeared upon the hearing of the appeal or matter in respect of which the case is stated and shall transmit the original of such case stated to the Registrar of the Supreme Court, who shall set down the same for hearing and as soon as the necessary papers are in order and ready, it shall come on to be heard according to its order in the list unless the Supreme Court shall otherwise direct. (3) After service of such notice of signing and lodgment any interested party shall be entitled to obtain, on application to the Registrar of the Supreme Court, one or more copies of the case stated upon payment of the prescribed fee. (4) The party having carriage of the case stated, shall within twenty-one days after the service of such notice of signing and logment, lodge with the Registrar of the Supreme Court five copies of the case stated, and of the documents (if any) referred to therein. 3. The provisions of rule 2 shall apply, with any necessary modifications, to every case which shall be stated for the opinion of the Supreme Court pursuant to the provisions of any statute for the time being in force and for which no other procedure is laid down in these Rules. 4. In the case of a case stated under Article 40 of the Constitution, the case shall be signed on behalf of the High Court by the Registrar, and such Court may direct which party is to have carriage thereof. When the case stated is signed the Registrar shall serve notice by registered post on every party to the proceedings in which such case shall have been stated, and shall forthwith transmit the case stated to the Registrar of the Supreme Court. Every such party shall thereupon be entitled to receive from the Registrar of the Supreme Court, on payment of the prescribed fee, one or more copies of the case stated. The party having carriage shall lodge with the Registrar of the Supreme Court as soon as may be, five copies of the case stated, and on lodgment thereof the case shall be set down for hearing at such time as the Supreme Court shall direct. 5. If the Supreme Court is of opinion that the law, the validity of which has been questioned, is invalid having regard to the provisions of the Constitution, that Court shall forthwith order the release of the person detained in accordance with such law. 6. If the Supreme Court is of opinion that such law is not invalid having regard to the provisions of the Constitution, that Court shall so answer the question raised for its determination in the case stated, and remit the case to the High Court to be dealt with according to law. ORDER 60. RIGHT OF ATTORNEY GENERAL NOTICE TO CONSTITUTIONAL ISSUES. 1. If any question as to the validity of any law, having regard to the provisions of the Constitution, shall arise in any action or matter the party having carriage of the proceedings shall forthwith serve notice upon the Attorney General, if he is not already a party. 2. If any question as to the interpretation of the Constitution, other than a question referred to in rule 1, shall arise in any action or matter, the party having carriage of the proceedings shall, if the Court so directs, serve notice upon the Attorney General. 3. Such notice shall state concisely the nature of the proceedings in which the question or dispute arises and the contention or respective contentions of the party or parties to the proceedings. 4. The Attorney General shall thereupon be entitled to appear in the act ion or matter and become a party thereto as regards the question which arises. ORDER 61. APPEALS FROM THE CIRCUIT COURT. 1. In this Order: "the Act" means the Courts of Justice Act, 1936 "County Registrar" includes any deputy County Registrar and any person appointed to act as such Registrar or deputy and also where the context permits, any person appointed to act as Registrar to the High Court on Circuit. 2. Every appeal under Part IV of the Act shall be by notice of appeal which shall be served on every party directly affected by the appeal within ten days from the date on which the judgment or order appealed from was pronounced in open court. The notice shall state whether the whole or part only of such judgment or order is appealed from and in the latter case shall specify such part. The notice shall, in the case of appeals to the High Court sitting in Dublin, be for the first opportunity after the expiration of ten days from the date of service, and, in the case of appeals to the High Court on Circuit, be for the next sitting of the High Court on Circuit after the expiration of the said ten days. Such notice of appeal shall be either in the Form No. 1 or the Form No. 2 (as the case may be) in Appendix I. 3. The appellant shall, within the said period of ten days from the date on which the judgment or order appealed from was pronounced, ) in the case of appeals to the High Court sitting in Dublin lodge two copies of the notice of appeal, ) in any other case one copy of the notice of appeal, indorsed with the date of service together with an affidavit of service with the County Registrar of the County in which the case was heard, and shall, before the day named for the hearing of the appeal, lodge an attested copy of the judgment or order appealed from with the said County Registrar, together with, in the case of any action or matter at the hearing or for the determination of which no oral evidence was given, a copy of all documents and exhibits received in evidence or used upon the said hearing or determination. 4. In the case of appeals to the High Court sitting in Dublin, the County Registrar shall— ) indorse on the two copies of the notice of appeal the date of lodgment thereof and shall, within four days of the said date, transmit to the Central Office one of the said copies, ) transmit to the Central Office, as soon as may be after he has received the same, a certified copy of the judgment or order appealed from, and ) in the case of any action or matter at the hearing or for the determination of which no oral evidence was given, the copy documents and exhibits and the affidavits (if any) lodged with him. 5. It shall not in any circumstances be necessary for a party served with notice of appeal to lodge or serve a notice by way of cross-appeal, but, if such party intends upon the hearing of the appeal to apply that the judgment or order appealed from shall be varied, he shall, within four days from such service upon him, give notice of such intention to any party who may be directly affected by such application. 6. An appeal shall not operate as a stay of proceedings upon the judgment or order appealed from unless the Circuit Judge or, upon appeal, the High Court sitting in Dublin shall so order and then only upon such terms (if any) as the Circuit Judge or the High Court sitting in Dublin (as the case may be) may fix. Such appeal shall be by notice of motion served on all parties affected by the application and lodged with the County Registrar within four days of the application to the Circuit Judge. The County Registrar shall within two days of lodgment thereof transmit the said notice of motion to the Central Office. 7. In the case of any appeal, if the appellant shall, before the day for hearing of the appeal, give notice in writing, to every party served with notice of appeal and to the County Registrar that he does not intend to prosecute the appeal, there shall only be payable by the appellant the costs properly and necessarily incurred prior to the date of service of such notice in writing. 8. Where any party desires to submit fresh evidence upon the hearing of an appeal in any action or matter at the hearing or for the determination of which no oral evidence was given, he shall serve and lodge an affidavit setting out the nature of the evidence and the reasons why it was not submitted to the Circuit Court. Any party on whom such affidavit has been served shall be entitled to serve and lodge an answering affidavit or to apply to the Court on the hearing of the appeal for leave to submit such evidence, oral or otherwise, as may be necessary for the purpose of answering such fresh evidence, provided, however, that the Court may at any time admit fresh evidence, oral or otherwise on such terms as the Court shall think fit, and may order the attendance for cross-examination of the deponent in any affidavit used in the Circuit Court or the High Court. 9. The notice of appeal from the refusal of an ex parte application shall be a two days' notice, and it shall not be necessary to serve any person. 10. Where a defendant desires to contest as respondent in pursuance of the Civil Liability Act, 1961 , section 32 (3), an appeal brought by a co-defendant, he shall serve notice of his intention to do so in the Form No. 30 in Appendix C upon such co-defendant and the plaintiff and upon any other party directly affected thereby, within seven days from the date on which the notice of appeal was served upon him, or within such extended time as may be allowed by the Court, and shall lodge a copy of the notice of intention to contest the appeal with the County Registrar at latest upon the day after the last service of such notice. 11. Every judgment or order of the High Court on Circuit shall be drawn up and signed by the County Registrar, and every judgment or order of the High Court sitting in Dublin shall be drawn up and signed by the Registrar of such Court, who shall transmit a copy thereof to the County Registrar of the appropriate county. Every judgment or order of the Court shall state whether it is made with or without costs and the sum (if any) payable for costs, including witnesses' expenses, shall be inserted therein, except in such cases as the Court may refer such costs and expenses for taxation. 12. The costs of appeals, when referred for taxation, shall be taxed by the County Registrar of the appropriate county (who shall for this purpose have all the powers of a Taxing Master). Such costs shall, subject to any special direction by the Court, be taxed on the scale applicable to an action or matter commenced or heard in the Circuit Court, with the addition of necessary outlay and the items set out in Appendix W., Part V. Any application for the review of a taxation effected under this rule shall be by notice of motion to the High Court sitting in Dublin served on all parties affected by the application and lodged in the Central Office within ten days from the date of the certificate of taxation. The notice of motion shall specify the items or parts thereof objected to and the grounds and reasons for such objection and a copy thereof shall be transmitted forthwith from the Central Office to the County Registrar for his report or observation thereon. In the taxation of costs under this rule, the County Registrar shall have regard to the costs allowed or allowable in respect of the hearing of the case in the Circuit Court. 13. Where, under this Order, any document is required or authorised to be lodged with the County Registrar, or any notice is required or authorised to be given to the County Registrar, the same may be lodged or given by leaving the document or notice with the county Registrar or by forwarding the same by pre-paid registered post to the County Registrar and, in such latter case, the date of lodgment or receipt shall be the day of the act ual receipt of the document or notice by the County Registrar. 14. Whenever the party to be served with a notice of appeal or other notice or document has appeared by a solicitor at the hearing of the suit or matter on the occasion of making the judgment or order appealed from, all notices and other documents to be served on such party shall be served on the solicitor by whom such party so appeared, and such service shall be effected by leaving them at the office of such solicitor. 15. The mode of effecting service of any notice of appeal, or other notice or document, on a party who shall not have appeared by a solicitor as aforesaid, shall be by serving it personally on such party, or by leaving it at the residence of such party, with a clerk, servant, wife or child, or other person therein over the age of sixteen years, or by posting it in a registered letter addressed to such party at his last known residence. 16. In case the mode of service aforesaid shall not be reasonably possible the Court shall have power to deem any other service sufficient. 17. When it shall be necessary to prove such service it may be proved by affidavit of the person effecting such service or otherwise as the Court shall direct. 18. A subpoena ad testificandum duces tecum at the High Court on Circuit may be sued out either in the Central Office or in the office of the County Registrar of the County in which the case was heard. 19. Where a is sued out in the office of the County Registrar under rule 18, the shall issue out of that office and be sealed with the seal of the Circuit Court for the County in which the case was heard and be signed by the County Registrar; and every so issued, sealed and signed shall have the same force and effect as if it had been issued out of the Central Office. 20. Every judgment or order of the High Court on Circuit and of the High Court sitting in Dublin may (unless the Court shall otherwise direct) be enforced by execution order issued by the Circuit Court in accordance with the Rules of the Circuit Court for the time being in force as if it were a judgment or order of the Circuit Court. ORDER 62. CASES STATED FOR THE HIGH COURT. 1. Every case stated by a Justice of the District Court under the Summary Jurisdiction Act, 1857 (20 and 21 Vic. c. 43) shall be transmitted to the Central Office by the party requesting the case within three days after receiving such case. 2. Every special case stated by an arbitrator or umpire under the Arbitration Act, 1954 , or under any other statute shall be transmitted to the Central Office by the party requesting the case within fourteen days after receiving such case from the arbitrator or umpire, or if there shall be no such party, or he shall make default in doing so, then the arbitrator or umpire or any party to the proceedings may transmit the same to the Central Office. 3. Where any other case is stated for determination by the Court, the case may be transmitted to the Central Office by the person or tribunal stating the same or by any party to the proceedings in or in relation to which the case is stated. 4. Any case may be transmitted to the Central Office by delivering the same to the proper officer, and upon receipt thereof the proper officer shall forthwith file the same and set it down for hearing; but it shall not appear in the list for hearing until the expiration of ten days after it shall have been so received. 5. immediately before transmitting the case to the Central Office, the person transmitting the same shall give notice thereof to every other party to the proceedings in or in relation to which the case is stated. 6. At the time when the case is transmitted to the Central Office or within ten days thereafter, the party transmitting the same shall lodge with the proper officer one copy, or such further number of copies as may be required for the use of the Court, of the case stated and of the documents (if any) referred to therein. 7. Any party to the proceedings shall be entitled to obtain, on application to the proper officer and upon payment of the prescribed fee, one or more copies of the case stated or of the documents (if any) referred to therein. ORDER 63. THE MASTER OF THE HIGH COURT. 1. In addition to any orders which the Master may make under any other of these Rules the Master may make any of the following orders:— (1) Any side-bar order other than those mentioned in Order 30 (17) and (18). (2) Any order which may be made as of course. (3) An order for the appointment of a guardian ad litem of an infant or person of unsound mind not so found. (4) An order for a statement of the names of persons who may be co-partners in any firm suing or being sued in an action or matter. (5) An order for enlargement of the time for doing any act or taking any step in an action or matter. (6) An order for discovery, limited or general, or inspection of documents or real or personal property, or delivery of interrogatories. (7) An order for the appointment or the discharge of a receiver in uncontested applications. (8) An order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery or to answer interrogatories. (9) An order to strike out a defence with costs for failure to make an affidavit of discovery or to answer interrogatories. (10) An order for the taking of evidence on commission. (11) An order on an application for directions as to service in case of an originating summons not inter partes or as to other procedure in any action or matter. (12) An order adding or substituting a party in any proceeding. (13) An order giving liberty to intervene and appear. (14) An order for the amendment of pleadings on consent (15) An order for the correction of clerical errors or errors in the names of parties in any proceeding, whether on consent or not, but subject to re-service when not on consent. (16) An order to receive a consent and make the same a rule of Court where the parties are sui juris. (18) An order for the payment out of Court of funds standing to the credit of an infant on attaining majority, or (if so authorised by order of a Judge) for his benefit during minority. (19) An order in uncontested cases to have an account taken or inquiry made. (20) An order for the issue, for service outside the jurisdiction, of a citation to see proceedings in contentious probate matters. (21) An order for the issue of a citation to lodge in Court a grant of probate or letters of administration. (22) An order giving liberty to file a supplemental affidavit of scripts. (23) An order for the lodgment of scripts by any party. (24) An order appointing a receiver in place of a receiver who has died or been discharged, including any necessary consequential directions as to the accounts of the deceased or discharged receiver. (25) A stop order on moneys or securities in Court. (26) An order for the issue of a under Order 39, rule 30. (27) An order for the issue of a citation in matrimonial causes or matters. (28) A seven day order for payment of costs or lodgment of security on a certificate or report from the Taxing Master in matrimonial causes or matters. (29) An order to vacate a lis pendens on the application of the person who registered the same. (30) An order under Order 33, rule 1, on consent, settling the issues to be tried. (31) An order giving liberty to issue execution in the name of or against the legal personal representative of a deceased party. (32) An order giving liberty to renew an order of fieri facias after the lapse of one year, or to issue a new order of fieri facias on loss of the original. (33) An order for transfer of proceedings to the Circuit Court or to the District Court on consent of the parties, including all ancillary orders for the transfer of monies lodged in Court. (34) An order giving liberty to serve a third party notice on consent of the plaintiff. 2. The Master may in any case, either on consent of all parties concerned or by order of the Court, assess any damages to which a party is entitled, or take any account. 3. The Master may, with the consent of all parties concerned, try any issue of fact. 4. The Orders mentioned at (1), (2), (3), (4), (11), (15), (16), (17), (18), (20), (21), (25), (26) and (27) in rule 1 may be made on an application ex parte . All other orders above mentioned may be made on application by motion on notice, save where any other rule otherwise requires. Not less than two clear days' notice of such motion shall be given. 5. In any cases in which the Master may make an order he may also make any supplementary or ancillary order and may give any necessary directions. 6. In any case in which the Master may make an order the costs of the application shall be in the discretion of the Master, who may direct payment of a sum in gross in lieu of payment of costs to be taxed. 7. The Master may in his discretion transfer any case to the Court lists for hearing. 8. The Master shall for the purpose of any proceedings before him have full power to summon parties and witnesses, to administer oaths, to require the production of documents, to take affidavits, affirmations and acknowledgments, and examine parties and witnesses either upon interrogatories or viva voce. Parties and witnesses summoned to attend before the Master shall be bound to attend and shall be liable to process of contempt in like manner as parties and witnesses are liable thereto in case of disobedience to any order of the Court. 9. Any party aggrieved by an order, including an order as to costs, made by the Master may, within six days from the perfecting of the same, or if made ex parte from notice of the same, or in the case of a refusal from the date of such refusal, apply to the Court to discharge such order or to make the order refused. 10. Any order which may be made by the Master may be made by a Deputy Master. 11. Counsel may be heard in any case before the Master, but the costs of such counsel shall not be allowed unless certified for by the Master. ORDER 64. ADMIRALTY 1. In these Rules, the expression "admiralty action" means any proceeding for the determination of any of the following claims or questions:— ) a claim or question in respect of which the High Court of Admiralty in Ireland formerly had jurisdiction; ) a claim arising out of bottomry; ) a claim for the forfeiture of any ship or her tackle, apparel or furniture, or the restoration thereof after seizure, or for costs or damages in respect of the seizure or detention thereof; ) a claim in the nature, or arising out, of pilotage; ) a claim arising out of a general average act. 2. An originating summons in an admiralty action shall be in one of the Forms Nos. 1, 2 and 3 in Appendix J; and the other forms in that Appendix shall, when applicable, be used in admiralty proceedings. 3. Procedure by special summons may be adopted in the following classes of claims: Mercantile Marine Act, 1955 , section 47. 4. Procedure by special summons may be adopted by consent of all parties in any admiralty proceedings not coming within any of the classes in rule 3. 5. Proceedings in admiralty shall be heard by such Judge (in this order referred to as "the Judge") as the President of the High Court may from to time assign to hear the same. 6. In admiralty actions in rem a warrant for the arrest of property which shall be in the Form No. 8 in Appendix J may be issued by the Master at the instance either of the plaintiff or of the defendant at any time after the summons is issued, but subject to the provisions of rule 7 no warrant of arrest shall be issued until an affidavit by the party or his agent has been filed and the following provisions complied with: ) the affidavit shall state the name and description of the party at whose instance the warrant is to be issued the nature of the claim or counterclaim, the name and nature of the property to be arrested, and that the claim or counterclaim has not been satisfied; ) in an action of wages or possession the affidavit shall state the national character of the vessel proceeded against, and, if against a foreign vessel, that notice of the commencement of the act ion has been given to the Consul or other representative of the State to which the vessel belongs, if there be one resident in Dublin, and a copy of the notice shall be annexed to the affidavit; ) in an action of bottomry the bottomry bond and, if in a foreign language also a notarial translation thereof shall be produced for the inspection and perusal of the Master, and a copy of the bond, or of the translation thereof, certified to be correct, shall be annexed to the affidavit; ) in an action of distribution of salvage, the affidavit shall state the amount of salvage money awarded or agreed to be accepted and the name, address and description of the person holding the same; ) the lodging of an undertaking in writing by the solicitor who applies for the issue of the warrant to pay the fees and expenses of the officer executing the warrant. 7. The Judge may in any case allow the warrant referred to in rule 6 to issue although the affidavit therein mentioned may not contain all the required particulars, In an action of wages the Judge may waive the service of the notice, and in an action of bottomry the production of the bond. 8. In admiralty actions in rem no service of the summons or warrant shall be required where the solicitor of the defendant agrees to accept service and undertakes in writing to enter an appearance and to put in bail or to pay money into court in lieu of bail. 9. In admiralty actions in rem the warrant of arrest shall be served by the Admiralty Marshal or his substitutes, and the warrant shall, after service thereof, be filed in the Central Office. 10. In admiralty actions in rem service of a summons or warrant against ship freight or cargo on board is to be effected by nailing or affixing the original summons or warrant for a short time on the main mast or on the single mast of the vessel or other conspicuous part thereof, and, on taking off the summons or warrant, leaving a true copy thereof nailed or affixed in its place. 11. If the cargo has been landed or transhipped, service of the summons or warrant to arrest the cargo and freight shall be affected by placing the summons or warrant for a short time on the cargo, and on taking off the summons or warrant, by leaving a true copy thereof upon it. 12. If the cargo be in the custody of a person who will not permit access to it, service of the summons or warrant may be made upon such person. 13. In an admiralty action in rem, a solicitor not entering an appearance or putting in bail or paying money into the Court in lieu of bail in pursuance of his written undertaking so to do, shall be liable to an attachment. 14. In an admiralty action in rem any person not named in the summons may intervene and appear on filing an affidavit showing that he is interested in the under arrest or in the fund in Court. 15. In admiralty actions in rem bail may be taken in the Central Office or before a commissioner appointed to take bail in admiralty or a commissioner appointed to administer oaths and in every case the sureties shall justify. 16. A bail bond shall not unless by consent be filed until after the expiration of twenty-four hours from the time when a notice containing the names and addresses of the proposed sureties and of the commissioner (if any) before whom the bail was taken shall have been served upon the adverse party or his solicitor and a copy of the notice verified by affidavit shall be filed with the bail bond. 17. An objection to a surety shall be made by serving a notice of the objection on the adverse party or his solicitor and lodging a copy thereof in the Central Office, and shall be decided by the Judge on a motion on notice by the party tendering the bail. 18. Property arrested in admiralty proceedings by warrant shall only be released under the authority of an order of the Master. 19. A party at whose instance property has been arrested may before an appearance has been entered obtain an order for the release thereof by filing a notice that he withdraws the warrant. 20. A party may obtain an order for the release of any property by paying into Court the sum in respect of which the act ion has been commenced and a sum for costs to be fixed by the Master. 21. Cargo arrested for freight only may be released by filing an affidavit as to the value of the freight, and by paying the amount of the freight and a sum for costs to be fixed by the Master into Court or by satisfying the Judge that the amount of the freight has already been paid. 22. In an action of salvage the value of the property under arrest shall be agreed on, or an affidavit of value filed before the property is released, unless the Judge shall otherwise order. 23. A party desiring to prevent the release of any property under arrest shall file in the Central Office a notice in the Form No. 14 in Appendix J and thereupon a caveat against the release of the property shall be entered in the book to be kept in the Central Office called the "Caveat Release Book." 24. A solicitor who shall have filed a bail bond in the sum in respect of which the act ion has been commenced and a sum for costs to be fixed by the Master, or paid such sums into Court, and, if the act ion be one of salvage, shall have also filed an affidavit as to the value of the property arrested, shall be entitled to a release for the same, unless there be a caveat against the release thereof outstanding in the "Caveat Release Book." 25. The release when obtained shall be left with a notice in the proper office by the solicitor taking out the same, who shall also at the same time pay all costs, charges, and expenses attending the care and custody of the property whilst under arrest, and the property shall thereupon be released. 26. A party delaying the release of any property by the entry of a caveat shall be liable to be condemned in costs and damages unless he shall show to the satisfaction of the Judge good and sufficient reason for having so done. 27. A party desiring to prevent the arrest of any property may cause a caveat against the issue of a warrant for the arrest thereof to be entered in the Central Office. 28. For the purpose of rule 27 the party shall cause to be filed in the Central Office a notice signed by himself or his solicitor undertaking to enter an appearance in any action that may be commenced against the said property and to give bail in such action in a sum not exceeding an amount to be stated in the notice, or pay such sum into Court. Such notice shall contain an address for service of the party or the registered place of business of the solicitor filing the same. A caveat against the issue of a warrant for the arrest of the property shall thereupon be entered in a book to be kept in the Central Office called the "Caveat Warrant Book." 29. A party commencing an action against any property in respect of which a caveat has been entered in the "Caveat Warrant Book" shall forthwith serve a copy of the summons upon the party on whose behalf the caveat has been entered or upon his solicitor. 30. Within twelve days from the service of the summons or copy thereof, the party on whose behalf the caveat has been entered shall, if the sum in respect of which the act ion is commenced together with the sum for costs hereinafter mentioned does not exceed the amount for which he has undertaken, give bail in such sum and a sum for costs to be fixed by the Master, or pay the same into Court, and in default thereof the plaintiff may proceed with the act ion by default. 31. If when the act ion comes before the Judge he is satisfied that the claim is well founded, he may pronounce for the amount which appears to him to be due, and the payment thereof may be enforced by attachment against the party on whose behalf the caveat has been entered and by the arrest of the property if it then be or thereafter come within the jurisdiction of the Court. 32. Nothing in this Order shall prevent a party from taking out a warrant for the arrest of any property notwithstanding the entry of a caveat in the "Caveat Warrant Book," but such party shall be liable to have the warrant discharged and to be condemned in costs and damages unless he shall show to the satisfaction of the Judge good and sufficient reason for having so done. 33. No commissioner shall take bail on behalf of any person for whom he or any person in partnership with him is acting as solicitor or agent. 34. In admiralty actions in rem , in case the defendant does not appear within the time limited for appearance, upon the filing by the plaintiff of a proper affidavit of service the act ion may proceed as if such defendant had appeared. 35. In admiralty actions in rem upon default of appearance, if when the act ion comes before him, the Judge is satisfied that the plaintiff's claim is well founded, he may pronounce for the claim with or without reference to a Judge or the Master, and may at the same time order the property to be appraised and sold with or without previous notice, and the proceeds paid into Court, or may make such order as he shall think just. 36. (1) In actions for damage by collision between vessels, unless the Judge shall otherwise order, the plaintiff shall, within seven days after the commencement of the act ion, and the defendant shall within seven days after appearance, and before any pleading is delivered, file with the proper officer of the Central Office a document to be called a preliminary act, which shall be sealed up and shall not be opened until ordered by the Judge, and which shall contain a statement of the following particulars:— ) the names of the vessels which came into collision and the names of their masters; ) the time of the collision; ) the place of the collision; ) the direction and force of the wind; ) the state of the weather; ) the state and force of the tide; ) the course and speed of the vessel when the other was first seen; ) the lights, if any, carried by her; ) the distance and bearing of the other vessel when first seen; ) the lights, if any, of the other vessel which were first seen; ) whether any lights of the other vessel, other than those first seen, came into view before the collision; ) what measures were taken, and when, to avoid the collision; ) the parts of each vessel which first came into contact; ) the sound signals (if any) which were given and when given; ) the sound signals (if any) which were heard from the other vessel, and when heard. (2) The Judge may order the preliminary act to be opened and the evidence to be taken thereon without its first being necessary to deliver any pleadings; but in such case, if either party intends to rely on the defence of compulsory pilotage, he may do so, and shall give notice thereof in writing to the other party, within two days from the opening of the prelimary act. 37. At any stage in an admiralty action after appearance by the defendant, either party may apply to the Judge by motion grounded on affidavit for an order that the act ion shall proceed on any question or issue settled before the Judge and with or without pleading or further pleading. 38. When the Judge shall allow the application under rule 37, he shall at the same time order the delivery of such particulars and give such directions and make such further or other orders as he may think fit. 39. When particulars shall have been ordered as mentioned in rule 38, no matter of law or fact not disclosed by the particulars delivered shall be relied on by way of claim or defence without leave of the Judge. 40. Where the defendant in an original action of damage by collision counterclaims for damage sustained by him in respect of the same collision, if in the original action the ship of the defendant has been arrested or security given by him to answer judgment and in the counterclaim the ship of the plaintiff in the original action cannot be arrested and security has not been given to answer judgment therein the Judge may suspend the proceedings in the original action until security has been given to answer judgment in the counterclaim. 41. Money paid into Court in an admiralty action shall not be paid out of Court except in pursuance of an order of the Judge. 42. A party desiring to prevent the payment of money out of Court in an admiralty action shall file a notice in duplicate in the Form No. 16 in Appendix J and thereupon a caveat shall be entered in a book to be kept in the Central Office to be called the "Caveat Payment Book," and the duplicate shall be transmitted to the Accountant for noting. 43. The Judge may appoint assessors in any admiralty action either at the instance of any party or in case he shall deem it requisite for the due administration of justice. 44. Each assessor shall be paid such sum as may be fixed by the Judge for each day on which he shall attend, and the fees of each assessor shall be paid by the party for whom or in whose favour judgment shall be given, and shall be costs in the cause; but when damages are divided such fees shall be paid by the parties equally. 45. In an admiralty action the Judge or the Master may in such way as the Judge may think fit, obtain the assistance of accountants, merchants, engineers, actuaries, and other scientific persons, the better to enable any matter at once to be determined, and may act on the certificate of such persons. 46. (1) This rule shall apply to a reference by the Judge to the Master, whether the reference be to the Master alone or to the Master assisted by one or more merchants or other persons. (2) Within twelve days from the day when the order for the reference is made, the claimant shall file the claim and affidavits and deliver copies thereof to the adverse party or his solicitor, who within twelve days from the day when the claim and affidavits are filed shall file his counter-affidavits (if any) and give notice of his having done so, with copies thereof, to the claimant or his solicitor. (3) From the service of notice of filing of the counter-affidavits and delivering copies thereof, whichever shall last occur, six days only shall be allowed for filing and delivering copies of any further affidavits by either party save by order of the Master. Notice of the filing of any such further affidavit must be given by the party filing the same to the adverse party or his solicitor. (4) Within three days from the expiration of the time allowed for filing the last affidavit, the claimant shall file in the Central Office a notice praying to have the reference placed in the list for hearing, and if he shall not do so, the adverse party may apply to the Judge to have the claim dismissed with costs. (5) Witnesses may be produced before the Master for examination, and the evidence shall be taken down at the time by the Master, or on the application of either party, by a shorthand writer. (6) Counsel may attend the hearing of any reference, but the expenses attending the employment of counsel shall not be allowed on taxation unless the Master shall be of opinion that the attendance of counsel was necessary. (7) The Master may certify whether any, and what part, of the costs of the reference should be allowed, and to whom. (8) The arrangement and regulation of the course of proceeding under each reference shall be wholly subject to the control and direction of the Master. (9) The result of the inquiry before the Master shall be stated in a certificate signed by him, and such certificate when settled shall be engrossed, and when signed shall be filed, and thereupon such certificate shall stand confirmed unless within four days after the filing thereof a notice of motion be served to set aside or vary the same. (10) Every such notice of motion shall specify the grounds on which it is intended to apply to set aside or vary such certificate. (11) Where a certificate of the Master shall stand confirmed under sub-rule (9), or shall on such motion as therein mentioned be confirmed, final judgment may forthwith be entered accordingly. 47. The provisions of rule 46 shall also apply mutatis mutandis in cases where a reference is made to a Judge, and in such cases the rule shall be construed as if "Judge" were substituted therein for "Master". 49. Every commission for the appraisement or sale of property in admiralty proceedings shall, unless the Judge shall otherwise direct, be executed by the Admiralty Marshal or his substitutes; and a party or his solicitor taking out such a commission shall file an undertaking to pay the fees and expenses of the Marshal, if demanded. 50. The Admiralty Marshal shall forthwith pay into Court the gross proceeds of sale of any property which shall have been sold by him and shall at the conclusion of the sale bring into the Central Office the account of sale with vouchers in support thereof for taxation by the Master. 51. Any person interested in the proceeds of sale may be heard before the Master on the taxation of the Admiralty Marshal's account of expenses, and an objection to the taxation shall be heard in the same manner as an objection to the taxation of a solicitor's bill of costs. 52. In admiralty proceedings any agreement in writing between the parties signed by the parties or their solicitors may, if the Master thinks it reasonable and such as the Judge would under the circumstances allow, be filed and shall thereupon become an order of Court. 53. The Judge shall have power at any stage of an admiralty action to direct an early trial, and for such purpose the Judge shall have power to dispense with or abridge the time or times appointed by these Rules for the delivery of pleadings, or for doing any act upon such terms (if any) as the nature of the case requires. 54. The delays required by this Order with respect to the taking of bail in admiralty may be dispensed with by consent in writing of the parties or their solicitors. 55. In admiralty proceedings a caveat, whether against the issue of a warrant, the release of property, or the payment of money out of Court, shall not remain in force for more than six months from the date thereof. 56. In an admiralty action every instrument under the seal of the High Court shall be issued on a notice filed by the parties applying for the same and shall bear the date of issue. 57. Every such instrument shall be served within twelve months after the date of issue; otherwise the service thereof shall not be valid. 58. No such instrument except a warrant shall be served on a Sunday, Good Friday, or Christmas Day. 59. Every warrant or other instrument required to be executed or served by the Admiralty Marshal shall be left by the solicitor taking out the same in the Central Office with a notice in the Form No. 7 or the Form No. 21 in Appendix J, Part II (whichever shall be appropriate). 60. The service of any instrument by the Admiralty Marshal shall be verified by his certificate. Otherwise, the service of any instrument shall be verified by an affidavit. 61. The powers, authorities, duties and functions formerly exercised and performed by the Admiralty Marshal shall be exercised and performed by such officer of the High Court serving in the Central Office (to be described as "the Admiralty Marshal") as the officer having the management of that office shall from time to time direct, and the expression "Admiralty Marshal" shall be construed accordingly. 62. (1) An application for the detention or arrest of a ship pursuant to the Shipowners' Negligence (Remedies) Act, 1905, or the Merchant Shipping (Stevedores and Trimmers) Act, 1911, may be made ex parte but notice of the application shall be given, by post, telegram or otherwise, to the agent of the ship within the jurisdiction or to the solicitor for the owners or master of the ship (if such agent or solicitor be known to the applicant). Provided that the Court to whom the application is made may dispense with such notice where owing to urgency or otherwise it is not practicable to give it. (2) The Court may before making such an order as aforesaid require the applicant to give an undertaking or security to abide by any order which may thereafter be made for the payment of damages sustained by the owners of, or other person interested in, the ship by reason of its detention or arrest. (3) The amount of the security to be given in pursuance of any order for the detention or arrest of a ship shall be specified in the order, but may be varied at any time by subsequent order. (4) The Court may at any time, on good cause shown, rescind any order for detention or arrest, or order the release of the ship. ORDER 65. MINORS. 1. Proceedings to make a minor a ward of Court shall be commenced by originating summons in the Form No. 19 in Appendix K, which shall be issued out of the Office of Wards of Court, and be impressed with the seal of the High Court (Wards of Court). 2. Every such summons shall be returnable on such day as the Registrar of Wards of Court shall fix, and shall be served on such persons (if any) not less than six days before the return day (exclusive of the day of service) and in such manner as the said Registrar shall direct; but the Court may direct such other persons to be served as it may think fit. 3. There shall be in the Office of Wards of Court a book, to be called a Cause Book, in which all such proceedings shall be entered. Every summons shall be distinguished by the date of the year and a number in consecutive order commencing on the first day of January in each year, and the said date and number shall constitute the record number of the proceeding. 4. The affidavit grounding the summons shall state the following matters:— ) the sex, age, condition of health, position in life, and religion of the minor; ) where and under whose care the minor is residing; ) the nature and amount of the minor's fortune and income, and particulars of any incumbrances affecting the same;

) what near relations the minor has, and the residences and descriptions of such relations; ) whether the minor has any testamentary guardian, and if so, whether he is willing to act under the Court; ) who is the person proposed as guardian of the minor, with full particulars of all matters relevant to his fitness and qualifications and willingness to act; ) full particulars of the proposals in relation to the care and maintenance, residence, education and holidays of the minor; ) what directions are expedient in relation to the property of the minor; ) whether any proceeding is pending relating to any property in which the minor has any interest, and full particulars of such proceedings. 5. The affidavit grounding the summons may be entitled in the matter of an intended application, and may be sworn notwithstanding that the summons has not been issued. 6. All affidavits in minor matters shall be filed in the Office of Wards of Court, and notice of filing shall be given to the parties concerned, who shall be entitled to bespeak copies thereof. 7. Upon attaining full age the former minor shall apply for an order for discharge from wardship and for an inquiry as to the funds in Court or other property to which he is entitled and for a further inquiry as to the demands, if any, against the said property for costs, maintenance or otherwise. 8. Every order in proceedings to which this Order applies shall be issued out of the Office of Wards of Court. ORDER 66. INFANTS. . Evidence of Age. 1. Where an infant sues as plaintiff, a certified extract from the register of births showing the date of his birth shall be produced and proved on his behalf at the trial or hearing or on an application to have a proposed settlement approved by the Court and thereupon the said date shall be noted by the Registrar in the order. 2. Upon applications to obtain the sanction of the Court to infants making settlements on marriage under 18 & 19 Vic., c. 43 and 23 & 24 Vic., c. 83, the evidence shall show— ) the age of the infant; ) whether the infant has any parents or guardians; ) with whom or under whose care the infant is living, and, if the infant has no parents or guardians, who are the nearest relations of the infant; ) the position in life of the infant and parents; ) the particulars of the infant's property and fortune; ) the age and position in life of the person to whom the infant is about to be married; ) the property, fortune, and income of such person; ) the fitness of the proposed trustees, and their consent to act. 3. The proposals for the settlement of the property of the infant, and of the person to whom such infant is proposed to be married, shall be submitted to the Court. ORDER 67. WARDS OF COURT(OTHER THAN MINORS) 1. In this Order: "the Act" means the Lunacy Regulation (Ireland) Act, 1871; "the Judge" means the President of the High Court, or the Judge of the High Court by whom the jurisdiction transferred to the High Court by the Courts of Justice Act, 1936 , section 9 (1), is for the time being exercisable; "the Registrar" means the Registrar of Wards of Court; " the Office" means the Office of Wards of Court; "The General Solicitor" means the General Solicitor for minors and wards of Court; "visitor" means a visitor in lunacy whether a medical, legal or other visitor; "respondent" means a person alleged to be of unsound mind and incapable of managing his person or property, in respect of whom a petition for inquiry has been presented, or a visitors' report has been directed to stand and be proceeded on as a petition, but who has not been made a ward and includes, where the context so admits, a person in respect of whom an order is sought under section 68, section 70 or section 103 of the Act; "ward" means a person who has been declared to be of unsound mind and incapable of managing his person or property, and includes where the context so admits, a person in respect of whom or whose property and order has been made under section 68 or section 70 of the Act, and a temporary ward; "temporary ward" means a person of weak mind and temporarily incapable of managing his affairs in respect of whom an order has been made under section 103 of the Act; "next-of-kin," when used in relation to a respondent or ward who is living, shall mean and include the person or persons who, if such respondent or ward were then dead intestate, would be entitled to his estate under the Succession Act, 1965 The forms respectively referred to are the forms set out in Appendix K which shall be used where applicable. 2. (1) Where any proceedings are initiated under the Act or other jurisdiction in lunacy of the Court in respect of any person alleged to be of unsound mind, or of weak mind, such person shall, in the title of such proceedings and in all forms used therein, be referred to and described as "the respondent" unless and until he shall become a ward. (2) Where any person has been declared to be of unsound mind and incapable of managing his person or property, or where, under the provisions of section 68 or section 70 of the Act, the Judge has made an order for the purpose of rendering his property or income available for his maintenance or benefit or for carrying on his trade or business, he shall thereafter be referred to as a "ward of Court" in all subsequent proceedings relating to him, and shall be so described in the title of such proceedings and in all forms used therein. (3) Where, under the provisions of section 103 of the Act the Judge has appointed a guardian of the person and property or of the property of a person of weak mind, such person shall thereafter be referred to as a "temporary ward of Court" in all subsequent proceedings relating to him, and be so described in the title of such proceedings and in all forms used therein. 3. (1) All originating applications to the Judge for the exercise by him of all or any of the powers by the Act or otherwise conferred upon or possessed by him in respect of the persons or property of persons of weak or unsound mind shall, save where otherwise provided by the Act or by this Order, be made by petition to be signed by the petitioner and attested by his solicitor. (2) All applications to the Judge in an existing matter shall, subject to sub-rule (3) hereof, be made by motion, supported where necessary by affidavit. (3) Applications in an existing matter for— ) the discharge or modification of a direction in a previous order; ) the lodgment of money in, or the transfer of securities into Court; ) the payment of a sum out of funds in Court to put the committee of the estate of a ward in funds or to discharge costs or other debts of the ward; ) the removal of the ward from one place of residence or detention to another; ) the appointment of a new committee on the death or retirement of a committee; ) leave for the committee to change his solicitor; and such other applications as the Registrar may direct, may be made by filing an unsworn statement and application, but the Registrar may require the applicant to submit further evidence, on affidavit or otherwise, in support of the application. After consideration of the statement and application and further evidence (if any) the Registrar shall either (i) prepare the minutes of the order which he considers ought to be made and submit the application to the Judge in chambers for his order or directions, or (ii) decline to do so, and so inform the applicant, who may thereupon bring the application before the Judge by motion. (4) Every petition shall be lodged in the Office, and the Registrar shall file the same and, when required, prepare copies for the use of the parties. Proceedings by petition for inquiry, or on report directed to stand as a petition. 4. (1) A petition praying for an inquiry as to the soundness or unsoundness of mind of any person shall state:— ) the name, religion, age and description of the respondent and whether he is married or not; ) the names, religion, descriptions and residences of his next-of-kin and of the person or persons in whose house or under whose care he is for the time being, or has been for the preceding twelve months, residing (as far as the petitioner can ascertain); ) the nature and amount of his property and his debts; ) the name, religion, address and description of the petitioner, and his authority for presenting the petition; (2) the petition shall also contain an undertaking by the petitioner that he will, in case the petition is dismissed or not proceeded with, pay the costs or expenses of any visitation of the respondent or otherwise incident to the inquiry before the Court. (3) the petition shall be supported by the affidavits of two registered medical practitioners and shall be verified by affidavit of the petitioner. (4) The petition may be in the Form No. 2, and the affidavit of the petitioner may be in the Form No. 3. (5) The Registrar shall cause to be prepared attested copies of the petition for the purpose of service upon the respondent. 5. The Registrar shall submit to the Judge every petition praying for an inquiry as to the soundness or unsoundness of mind of any person, and every report of a visitor under Section 11 of the Act. 6. When a petition or report shall be submitted to the Judge as aforesaid he may make an order for inquiry and direct whether notice of the petition or report and of the order for inquiry shall be served upon any person in addition to the respondent; and if so upon whom. 7. Notice of every such petition and report and of the order for inquiry shall be given to the respondent in manner and form hereinafter provided, and to such other person as the Judge may direct. 8. The notice to a respondent of the presentation of the petition and order for inquiry shall be by service upon him of an attested copy of the petition with a notice thereon endorsed, signed by the petitioner or his solicitor in the Form No. 4. 9. Notice to a respondent of a report and order under section 12 (or section 22) of the Act shall be in the Form No. 5. Where the inquiry is before a jury. 10. The notice by section 13 of the Act authorised to be given by a respondent demanding a jury may be in the Form No. 6. 11. The notice demanding a jury shall be transmitted by the respondent or his solicitor to the Registrar within seven days of the service upon the respondent of the notice referred to in rule 7. 12. Upon receipt of any such notice the Registrar shall forthwith file the same and set down the petition or report as the case may be for the Judge's directions. If the Judge shall so require the Registrar shall, by letter addressed to the respondent or his solicitor, require the respondent to attend before the Judge for personal examination. Notice in the Form No. 7 that the petition or report has been set down for directions and (if such be the case) that the respondent is required to attend personally before the Judge, shall forthwith be served by the petitioner or his solicitor, or the solicitor having carriage of the report upon the respondent's attesting solicitor. Where the Judge requires the attendance of the respondent the person with whom he is residing shall produce him for personal examination unless a registered medical practitioner shall certify that he is physically unable to attend. 13. Where the Judge directs that the inquiry shall be had and be sped before a jury he may give further directions as to all or any of the matters following, viz., as to the issue of a commission de lunatico inquirendo; as to the time, venue and mode of the inquiry; as to the form of issues to be submitted to the jury; and as to the mode of procedure and general conduct of the inquiry. 14. Where the inquiry is held under a commission de lunatico inquirendo then, subject to any special directions that may be given by the Judge, it shall be conducted in accordance with the practice and procedure heretofore observed upon the holding of an inquiry under such a commission. 15. Where the inquiry is held otherwise than under such a commission, then, subject to any special directions that may be given by the Judge, the inquiry shall be conducted according to the practice and procedure usual upon the trial of an issue of fact by a Judge with a jury. Upon the conclusion of the inquiry the registrar of the court before which the inquiry has been held shall certify the result thereof and transmit his certificate, together with the issue paper and all exhibits and records, to the Registrar of Wards of Court. 16. Where the Judge, notwithstanding the fact that the respondent has not demanded a jury, deems it necessary or expedient that the inquiry should be had before a jury, he shall by order so direct, and thereupon the provisions of rules 13, 14 and 15 shall apply. Where the inquiry is without a jury. 17. Where the Judge does not direct that the inquiry shall be had before a jury he shall hold the inquiry himself. 18. Where the respondent, without demanding a jury, wishes to object to any inquiry being had, or to any declaration being made that he is of unsound mind and incapable of managing his person or his property, he shall transmit to the Registrar, within seven days of the service upon him of the notice referred to in rule 7, a notice in the Form No. 6. 19. Where the respondent does not demand a jury or where, though he has demanded a jury, the Judge is satisfied by personal examination that he is not mentally competent to form and express a wish for an inquiry before a jury, the Registrar, upon production of attested copies of the affidavits of the due service of the notice of the petition or report, and of the order for inquiry thereon, shall set down the inquiry for hearing by the Judge as soon as practicable after the date of service of the notice upon the last person served therewith. 20. (1) Every inquiry before the Judge without a jury shall unless he otherwise directs, be heard on evidence by affidavit. (2) All affidavits to be used on the inquiry shall be filed in the Office two clear days before the day for which the petition or report, as the case may be, is set down for hearing before the Judge. Proceedings under sections 68 and 70of the the Act. 21. (1) A petition in pursuance of section 68 of the Act shall state:— ) the name, religion, age and description of the respondent and whether he is married or not; ) the names, religion and residences of his next-of-kin and of the person or persons in whose house or under whose care he is for the time being, or has been for the preceding twelve months, residing (as far as can be acertained by the petitioner); ) the amount and nature of his property and his debts; ) the names and ages of the members of his family who are dependent upon him; ) that his property does not exceed £5,000 in value or that the income thereof does not exceed £300 per annum. (2) The petition shall be supported by an affidavit or certificate of a registered medical practitioner. (3) The petition shall be in the Form No. 8. 22. A petition in pursuance of section 70 of the Act shall be in the Form No. 9 and shall, in addition to stating the matters mentioned in rule 21, contain a statement of the verdict or finding as to the insanity of the respondent and as to his being still in confinement. It shall be supported by an affidavit or certificate of a registered medical practitioner as to his continued insanity. 23. The notice to the respondent of the application for an order in pursuance of either of the said sections shall be by service on him personally of an attested copy of the petition with a notice in the Form No. 10 indorsed thereon signed by the petitioner or his solicitor. 24. The respondent may by notice object to any order being made upon the petition. Such notice shall be signed by him and shall be transmitted by him or his solicitor to the Registrar within seven days of the service upon him of the notice referred to in rule 23. Such notice may be in the form No. 14. 25. If it shall appear to the Registrar that the evidence in support of a petition under section 68 of the Act is inconclusive or otherwise unsatisfactory he may obtain the report of one of the medical visitors for submission to the Judge. 26. Where the respondent shall by notice as aforesaid object to an order being made or where the prayer of the petition shall be opposed by any person having had notice of the same it shall be the duty of the Registrar in case he shall not have already obtained a report of the medical visitor to direct one of the medical visitors to visit the respondent and to report as under section 11 of the Act. 27. As soon as practicable after the expiration of seven days from the service of the notice referred to in rule 23 the Registrar shall submit to the Judge the petition and evidence in support thereof, the affidavit of service referred to in rule 95, the notice of objection (if any) and the medical visitor's report (if any). 28. The Judge may, on consideration of the petition and other documents, make an order thereon, without the attendance of counsel, solicitor, or parties or direct that the petition be set down for hearing or refer the matter to the Registrar to make any particular inquiry respecting any matter to which the petition relates. 29. Where the Judge on the hearing of the petition declares it to be established to his satisfaction that the respondent is of unsound mind and incapable of managing his affairs he may direct the Registrar to inquire and report as to the following matters, viz.:—the nature of the ward's insanity; his property; the amount of his income; what should be allowed for his maintenance, and out of what fund; to whom such allowance should be paid; who should be the committee of his person, and his property; and any other relevant matters; and for the purpose of inquiring as to the ward's state of mind the Registrar may, if he considers it necessary, direct one of the medical visitors to visit the ward and report as to his condition. 30. Where it appears to the Registrar that the property of a person alleged to be of unsound mind does not exceed £5,000 in value, or that the annual income thereof does not exceed £300, and that it is desirable that an order should be made in pursuance of section 68 of the Act in regard thereto, then the following provisions shall apply:— ) an application in pursuance of the said section may be made in such manner as the Registrar shall think fit, and without the presentation of a petition; ) the Registrar shall obtain the report of one of the medical visitors as to the respondent's state of mind; ) if it shall appear from the report that the respondent is of unsound mind and incapable of managing his affairs, the Registrar shall give carriage of the proceedings to the General Solicitor or to such other solicitor as he may think fit, and direct such solicitor to serve notice upon the respondent in the Form No. 11 of the said application and report; ) the respondent may object to any order being made upon the application by notice in the Form No. 14 which shall be signed by him and shall be transmitted to the Registrar by him or his solicitor within seven days of the service on him of the notice referred to in paragraph ( ) as soon as practicable after the expiration of seven days from the service of the notice referred to in paragraph ( ), the Registrar shall submit to the Judge the medical visitor's report, such evidence as may be available as regards the respondent, his property and affairs, the affidavit of service upon him of the said notice and the notice of objection (if any); ) the Judge may, on consideration of the said documents, make an order in pursuance of the said section without the attendance of counsel, solicitor or parties or direct that the application be set down for hearing or refer the matter to the Registrar to make any particular inquiry. Proceedings under section 103 of the Act. 31. Applications in pursuance of section 103 of the Act shall be made by petition and shall be signed and verified by the petitioner and be attested by a solicitor. The petition shall be accompanied by a fair copy certified by the solicitor as a true copy. The petition shall be in the Form No. 12 and shall state:— ) the name, religion, age and description of the respondent and whether he is married or not; ) the names, descriptions, religion and residences of his next-of-kin; ) the names, descriptions, religion and residences of the person or persons in whose house or under whose care he is for the time being and has been for the preceding month, residing; ) the nature and amount of his property, with the net amount or net estimated value of the corpusthereof, and the clear net income thereof applicable to his maintenance and ordinary expenditure; or in case the same cannot be given precisely, the nearest estimate of approximation thereto which the petitioner can give; ) the nature of the illness or injury whereby the respondent is rendered temporarily incapable of managing his affairs and requires the protection of the Court and the probable duration of such illness, or of the consequences of such injury; ) the reason why it is necessary or expedient for the respondent that an application be made under section 103 of the Act; ) the name, residence, religion, description and occupation of the person whom it is proposed to appoint as the guardian of the person and property of the respondent; ) the name and registered place of business of a solicitor upon whom notices in the matter may be served. 32. The petition shall contain an undertaking on the part of the petitioner that in case the petition is dismissed or not proceeded with, he will pay the costs or expenses of any visitation of the respondent by any visitor prior or incident to the inquiry before the Judge. 33. The petition shall be accompanied by two certificates each signed by a registered medical practitioner to the effect that the respondent is of weak mind and temporarily incapable of managing his affairs. Each certificate shall state the nature of, and the reason for such incapacity and the probable duration thereof. 34. The petition shall be accompanied also by an undertaking in writing signed by the person whom it is proposed to appoint as guardian, to act as such guardian and to execute a bond in such amount as the Registrar shall think fit for the due performance of his duty as such guardian. 35. Notice shall be given to the respondent of the presentation of the petition by the service upon him of an attested copy of the petition with a notice thereon indorsed, signed by the petitioner or his solicitor, in the Form No. 13. 36. The respondent may by notice object to the making of any order appointing a guardian. Such notice must be signed by him, attested by his solicitor, and transmitted to the Registrar within four days of the visit of the medical visitor as provided in rule 37. The notice of objection may be in the Form No. 14. 37. The Registrar shall immediately upon the receipt of the petition and attested copy thereof, together with the affidavit of service of the notice of the petition, transmit the copy to one of the visitors with directions immediately to visit the respondent and to ascertain whether he is a proper subject for the application of the provisions of the Act as to persons of weak mind and temporarily incapable of managing their affairs, and the extent to which he is capable of understanding the nature and effect of the proceedings taken for the protection of his property, and generally to ascertain the state of his mind. The visitor shall explain to the respondent that if he wishes to object to the proceedings he should give notice within four days to the Registrar of his objection. The visitor shall immediately report to the Registrar his opinion of the matters aforesaid and those stated in the petition, as well as his opinion as to whether the respondent's incapacity (if any) is of a temporary nature and if so, as to its probable duration. 38. (1) The Registrar shall, after the expiration of six clear days from the receipt of the visitor's report, submit for the Judge's consideration the petition, the notice thereof served upon the respondent and the affidavit of service, the medical certificates, the notice of objection (if any), the visitor's report, and any evidence that may be available as to the respondent or his affairs. (2) The Judge may, without the attendance of counsel, solicitors or parties, make such order under the provisions of section 103 of the Act as he may consider expedient or direct the petition to be set down for hearing or refer the matter to the Registrar for inquiry. (3) Where the petition is set down for hearing the Registrar shall by ordinary prepaid post, give notice to the parties or their solicitors of the day and hour of the hearing. The hearing shall take place in camera. 39. When an order shall have been made under section 103 of the Act appointing a guardian of the respondent's person and property, the Registrar shall direct one of the medical visitors to visit the respondent within one month previous to the expiration of the order, or at such times and in such manner as the Judge shall have directed, and to report to the Judge as to his physical and mental condition. Upon receipt of every such report, the Registrar shall file the same and submit it to the Judge for his consideration. Proceedings after primary order made on petition for inquiry or upon report directed to stand as a petition. ) the ward's situation; ) the nature of his mental disease; ) who should be appointed committee of his person and of his estate; ) his property and the net amount or estimated value thereof; ) the amount of his gross income; ) the amount of his clear net income; ) in what manner and at what expense, and by whom and where he has been maintained; what should be allowed for his past maintenance; whether anything, and if so, what is due, and to whom in respect thereof, and to whom and out of what fund it should be paid; ) what should be allowed for his future maintenance, from what time allowance should commence and out of what fund it should be paid; ) whether any, and if so what costs are payable out of the ward's estate, and to whom and out of what fund they should be paid; ) whether any, and if so what debts are due by the ward and whether any special circumstances exist as to any of them; ) whether a receiver should be appointed over the ward's estate; ) whether the ward is known to have made any will, and if so, who has custody of it. (2) The Registrar may give notice of proceedings in the Office to settle the report to such parties as have had notice of the originating petition, or whose attendance at the hearing thereof was allowed by the Judge, or upon such other persons as he may in the course of the proceedings think fit. Save as aforesaid no other persons shall be entitled to attend before the Registrar on the settling of the report. 42. The Registrar shall frame his report in separate paragraphs, each as far as is practicable dealing with a distinct portion of the subject matter and having an appropriate heading. 43. Any party attending before the Registrar on the settling of the report may object to the Registrar's draft by submitting in writing a list of his objections. The Registrar shall rule upon each objection and allow or disallow it. Where he allows an objection he shall review his draft accordingly. Where an objection is disallowed the objector may submit to the Registrar a notice in writing that he insists on such objection. Any objection not so insisted on shall be considered as abandoned. 45. Where an objector, other than the party having carriage of the proceedings, insists upon an objection, the party having carriage shall apply for confirmation of the report. Where the party having carriage insists upon an objection, the Registrar may give carriage of the proceedings to the General Solicitor and direct him to apply for confirmation. 46. No person shall, except by special leave of the Judge, present a petition against the confirmation of a report. An objector who insists on an objection may submit the same for consideration by the Judge on the hearing of the application for confirmation. 47. (1) The report of the Registrar shall be brought before the Judge for confirmation by motion, on notice to such persons (if any) as the Registrar or Judge may direct, in the following cases:— ) where the Judge has so directed; ) where owing to the special nature or circumstances of the case the Registrar so directs; ) where objections to the report have not been ruled upon to the satisfaction of the objector or abandoned; ) where the report has been submitted to the Judge by the Registrar in pursuance of sub-rule (2), but no thereon has been given. (2) In other cases, the Registrar shall submit his report to the Judge with the directions proposed to be given or made in consequence thereof, and the Judge's thereon shall have the effect of an order in the terms of such directions subject to such variation (if any) therein as he may make. (3) In any case the Registrar may dispense with the report referred to in this rule and may submit to the Judge the minutes of the order requisite to give effect to proposals for the management of the ward's person and property and thereupon the Judge may, without the attendance of counsel, solicitors or parties make an order in the terms of such minutes with or without variation. The Registrar. 48. The Registrar may, in respect of the management of the affairs of a ward under any order made by the Judge, make and issue certificates, reports, and rulings and give authorities and directions. 49. The Registrar may, from time to time and as to him shall seem expedient, make any inquiry and receive and consider any proposal, as to any matter concerning the person, property, or affairs of any respondent or ward or his maintenance, or the maintenance of any member of his family, and report thereon to the Judge. He may, in particular, do all or any of the following things: ascertain whether there are any debts due by the ward which should not be disputed and consider whether any of them ought to be paid, and if so to whom and out of what property or fund; consider proposals for the adjustment and settlement of any such undisputed debt and for the compromise and settlement of any disputed debt, claim or demand against the ward's estate; inquire and consider whether any dealings with the respondent's or ward's property, whether before or after the commencement of proceedings, should be examined; make a separate or special report or certificate, or state specially any circumstance relating to the subject matter of a report as he may think fit. 50. The Registrar shall, in accordance with any general or special direction to be given by the Judge, visit periodically every mental hospital and institution in which a ward is resident, and as occasion may require, every ward in private care. 51. (1) The Registrar may require the committee of the person or estate of any ward to give him such information as he may possess relating to the ward as the Registrar may consider necessary, and may if he so thinks fit, require him to attend before him for that purpose. (2) If the Registrar considers that there is undue delay in, or he is otherwise dissatisfied with the conduct of, any proceedings or matter, he may require the party having the conduct of such proceedings or matter, or his solicitor or any other person appearing to be answerable therefor, to attend before him to explain the delay or other conduct with which he is dissatisfied, and may thereupon make or give such ruling or direction as he may consider proper, and in particular may, if he thinks fit, appoint the General Solicitor to act as solicitor in such proceedings or matter in the place of any solicitor theretofore acting. For the purpose of this rule, the Registrar may direct the General Solicitor to issue such summons, notice of motion or other document as may be necessary and to conduct the proceedings thereunder and carry out such other directions as may be given. 52. Where the Registrar is of the opinion that any person is of unsound or weak mind and incapable of managing his person, property or affairs, and considers it expedient so to do in such person's interest, he may direct the General Solicitor or such other person as he shall think fit to initiate appropriate proceedings under the Act in respect of such person. 53. The Registrar shall give notice of any proceeding before him to the committee of the ward and may give notice to any of the ward's next-of-kin or to any person whose attendance he considers desirable in the ward's interests. Save by special leave of the Registrar no other person shall be entitled to attend the proceedings. 54. The Registrar may direct that several parties who have appeared by different solicitors shall thenceforward appear by the same solicitor or that several parties who have appeared by the same solicitor shall thenceforward appear by different solicitors. Any person who appears contrary to such direction shall, unless otherwise ordered, do so at his own cost. 55. All accounts of real or personal estate shall be taken by the Registrar. 56. The Registrar shall keep such records in relation to wards as the Judge may from time to time direct. 57. Where the Judge considers it expedient he may appoint two or more persons to be committees of the estate or of the person; and may direct that on the death or discharge of any such person the custody and care of the estate or person, as the case may be shall continue to be exercised by the survivor or survivors. On the death or discharge of a sole committee or one of several committees in a matter where no such provision as aforesaid has been made the Registrar shall inquire and report to the Judge whether or not it is necessary or expedient that some one be appointed or replace the deceased or discharged committee and if so, who should be appointed. 58. Neither the proprietor nor the keeper nor the medical superintendent of the hospital or institution in which the ward shall, for the time being reside nor any person residing with or in the employment of any such proprietor, keeper or medical superintendent shall be appointed committee of the ward's person or estate either solely or jointly with any other person. 59. The Registrar may if he thinks fit require the committee of the person to make to him periodically or otherwise a return in duplicate giving particulars as to the ward's residence, physical and mental condition, maintenance, comfort and such other matters in relation to the ward as he may wish to be informed of. 60. A committee of the person shall not change the ward's residence except by leave of the Judge or the Registrar. 61. Save where the Judge otherwise directs, every committee of the estate shall give security in such amount as the Registrar may, having regard to the amount and condition of the ward's property and income, direct, and the Registrar may from time to time direct, that the amount of such security be increased or diminished. 62. (1) The committee may give security in any one or more of the following ways according as the Judge or the Registrar shall direct:— ) by entering into a bond with two or more sufficient sureties; ) by entering into a bond with any corporation or company carrying on business in Ireland, established by Charter or incorporated under Statute, and having power to enter into a guarantee; (2) Such security shall be perfected before the Registrar forthwith upon the appointment of such person as committee and such person shall not act as committee until his security has been perfected. All bonds shall be filed and dealt with in the Office. 63. The committee of the estate shall account annually or at such longer or shorter periods as the Registrar may determine. He shall lodge his accounts verified by affidavit in the Office and attend there, at or within such times as the Registrar shall determine, to have his accounts taken and passed. On each such occasion, and also whenever the Registrar so requires, he shall satisfy the Registrar that his sureties are solvent and within the jurisdiction. 64. Where the Registrar is of opinion that an account of the committee of the estate is unsatisfactory, or that the ward's affairs require special investigation or that there is any other matter or question which should be dealt with by order of the Judge, he shall specially report to the Judge thereon. 65. The Registrar, or on appeal the Judge may, in special circumstances or for special cause, allow remuneration to a committee of the estate or person; and may fix the amount thereof. 66. Every committee of the estate, unless otherwise authorised by the Judge, shall lodge forthwith all moneys received by him on account of the estate to the credit of a separate account to be kept in a bank for such estate; and the bank passbook or copy of the account shall be lodged in the Office with each annual or other account lodged by such committee. The committee's account shall state the dates upon which such moneys were received by him during the period covered by the account. 67. Where the committee of the estate makes default in bringing in his account or in having the same passed or in lodging in Court any sum directed to be lodged, the Registrar may disallow his remuneration, if any, and his costs, and may direct that he pay interest at the statutory rate for the time being for judgments upon any such sum as aforesaid for the period during which the same appears to have been improperly retained or allowed to remain uninvested. 68. The Registrar shall, on or before the 1st April in each year, require the committee of the estate of each ward to make, within a specified period, a return in duplicate in the Form No. 16. If the Registrar is of opinion that a more complete return can be obtained from the receiver (if any) in the matter he shall require the same from such receiver. The committee or receiver shall thereupon make such return within such time specified; any neglect to do so shall be taken into account when his costs are in question. 69. Any failure or undue delay by a committee in complying with any requirement of this Order or of the Judge or the Registrar shall, unless satisfactorily explained, be grounds for his removal. Guardians and receivers. 70. A receiver may be appointed where necessary or expedient and whether or not a committee of the estate has been appointed. 71. The provisions of rules 60 to 68 relating to the committee of the estate shall mutatis mutandis apply to receivers and to guardians appointed under section 103 of the Act. 72. No person shall be appointed a receiver unless independent of all the solicitors concerned in the matter; nor shall any practising barrister, or solicitor, or agent or person employed as clerk or otherwise by a solicitor, be appointed a receiver without the special leave of the Judge. 73. No receiver in any matter shall directly or indirectly employ as his solicitor in relation to his receivership or to the ward's estate, the solicitor for the committee of the ward's person or estate, nor the solicitor for any person interested in the matter nor the partner, town agent, clerk or apprentice of any such solicitor. 74. Every receiver appointed over the property of a ward shall be subject to the general rules regulating the appointment, accounts, and control of receivers, except where the same are inconsistent with this Order or as the Judge shall otherwise direct. 75. The guardian of every temporary ward shall, in accordance with section 103 of the Act, file in the Office a monthly account of all moneys or other property of the ward by him received, sold, conveyed, assigned or otherwise disposed of, setting out the mode in which the same, or the proceeds thereof, have been by him applied; and also a statement of the moneys or other property of the ward then in his possession, power or control; and every such account shall be accompanied by a statement, to be signed by such guardian, of the then physical and mental condition of the ward and the probable duration of his incapacity. 76. Every account to be filed by a guardian in the Office under rule 75 shall be verified by his affidavit and shall be taken by the Registrar. 77. Where, under the provisions of rule 64 (as applied to guardians), the Registrar reports specially to the Judge any matter arising upon a guardian's account, or in relation to the person or property of a temporary ward, such matter shall be considered and disposed of by the Judge in camera ; and the Registrar shall give notice by post of the day and hour of such consideration to the solicitors who shall have been named in the petition, and to such other solicitors as shall have been permitted to appear in the matter. Such notices shall be sent by post to their registered places of business. 78. Every guardian and receiver shall be subject to the control of the Judge and shall have and exercise in relation to the ward's estate only such powers as are expressly conferred in the order of appointment. 79. In any case in which it appears to the Registrar to be proper that the remuneration of any receiver should be fixed as a percentage of the income collected by him, the Registrar may allow to such receiver such percentage thereof at such rate as he shall determine, In any other case the receiver's remuneration shall be fixed at such figure or on such basis as the Registrar, or on appeal from him, the Judge, shall think fit. Leases, sales and mortgages. 80. Where it is proposed to make or renew a lease or under-lease of any property of a ward, or of any property in which he is interested as limited owner or otherwise, or to exercise any power of leasing vested in him, the following provisions shall apply:— ) if the proposed lease or under-lease is for a term of not more than twenty-one years the application for leave to make the same may be made ex parte to the Registrar, grounded, where necessary, upon a proposal to take the same, signed by the proposed lessee, and upon an affidavit showing that it is for the benefit of the ward and just and reasonable that such lease or under-lease should be made. If the Registrar is satisfied that it is for the ward's benefit and just and reasonable, he may authorise the committee of the estate to make the same accordingly; ) if the proposed lease or under-lease is for a term exceeding twenty-one years, or is one which requires the exercise on his behalf of any power of leasing or other power vested in the ward, the application for leave to make the same or to exercise such power shall be made ex parte to the Registrar in the first instance grounded upon a proposal to take the lease or under-lease, signed by the proposed lessee, and upon affidavit showing that it is for the benefit of the ward and just and reasonable that the lease or under-lease should be made or the power exercised. The Registrar, if satisfied that the proposal is one proper to be submitted to the Judge, shall certify his opinion as to the matters aforesaid and direct the application to be made by motion to the Judge on notice to such persons (if any) as the Registrar may direct. The motion to the Judge shall be grounded upon the proposal and affidavit as aforesaid and the Registrar's certificate. The Judge, if satisfied that the lease or under-lease should be made or the power exercised, may direct the committee of the estate to make or exercise the same accordingly; ) any such application as aforesaid shall be made by the committee of the estate except in special circumstances when, by leave of the Registrar or the Judge, it may be made by any other person interested; ) where any such lease or under-lease has been directed as aforesaid, the Registrar shall settle and approve the form of the same to be granted to the intended lessee at the rent, for the period, and under and subject to the covenants and conditions directed; and the committee of the estate shall, in the name and on behalf of the ward, execute the lease or under-lease, as the case may be, when so settled and approved, upon the Registrar signifying in writing his approval thereof, and upon the intended lessee executing a counterpart thereof; and the Registrar shall certify accordingly. 81. Where it is proposed to sell any real or leasehold property of the ward, or any property in which he is interested as limited owner or otherwise, or to exercise on his behalf any power of sale vested in him, the following provisions shall (unless the Judge shall otherwise direct) apply:— ) the application for leave to sell may be made ex parte to the Registrar in the first instance, grounded upon affidavit showing how it is for the benefit of the ward, and just and reasonable that a sale should be had; ) the Registrar, if satisfied that the application is one proper to be submitted to the Judge, shall certify his opinion as to the matters aforesaid, and direct the application to be made by motion to the Judge on notice to such persons (if any) as the Registrar may direct; ) the motion to the Judge shall be grounded upon affidavit as aforesaid and the Registrar's certificate, and the Judge, if satisfied that the property should be sold, may direct the committee of the estate to sell the same accordingly; ) any such application as aforesaid shall be made by the committee of the estate, except in special circumstances when, by leave of the Registrar or the Judge, it may be made by any other person interested; ) where a sale has been directed the Registrar shall settle and approve the conditions of sale, and if necessary, fix the date thereof; ) upon a sale being had the purchaser shall, at or within such time as the Registrar shall fix, pay the purchase money into the Bank in the name and with the privity of the Accountant to the credit of the matter, and to such particular account (if any) as the Registrar may appoint, and upon the same being paid, the purchaser shall be let into possession of the property sold, and the receipt of the rents and profits thereof, as from such day as the Registrar shall appoint; ) the Registrar shall, on due notice to all parties interested, settle and approve the draft conveyance or assignment as the case may be; and the committee of the estate shall, in the name and on behalf of the ward, execute the same, when so settled and approved, upon the Registrar signifying in writing his approval thereof, and the Registrar shall certify accordingly. 82. Where it is proposed to mortgage any real or leasehold property of the ward the provisions of rule 81 ( ), ( ) and ( ) shall apply mutatis mutandis. 83. The Registrar may direct a visitor to visit any respondent or ward periodically or at such other time or times as he may consider necessary to examine him or inquire as to his physical and mental condition, his care, treatment, maintenance, comfort and such other matters as he shall think fit. 84. The Registrar may investigate any matter reported by a visitor, and, if necessary, may require a committee to attend and explain the same; and may in any event give such directions as may be necessary or expedient. 85. A visitor's report shall be considered as being strictly confidential and as being intended solely for the information of the Judge and such persons as he shall specially appoint. No such report shall, except by leave of the Judge, be in any way made available for use or inspection by any other person. 86. (1) Visitors shall be remunerated by fees to be fixed by the Registrar or, on appeal in any particular case, by the Judge.

Any such fee shall be paid, upon the certificate of the Registrar, by the committee of the estate in the matter in which it was incurred; and such committee shall be allowed credit for such payment on passing his account. (2) Where a petition praying an inquiry as to the soundness or unsoundness of mind of any person is dismissed or not proceeded with, the petitioner shall, unless it is otherwise ordered by the Judge, pay the expenses of any visitation of the respondent in relation thereto. Death or recovery of the ward. 87. Any person, in whose custody, possession, power or control the same may be, may, upon oath as directed by the Registrar, deposit for safe custody in the Office any will, codicil or testamentary paper of the ward. If, on request by the Registrar such person fails to make such deposit he may be ordered to do so by the Judge. 88. Upon being satisfied of the death of a ward the Registrar may, without order, open and read any paper writing purporting or alleged to be the ward's will, for the purpose of ascertaining who is therein nominated executor thereof, and also whether or not there is any and what direction therein contained concerning his funeral or place of interment, and then deliver the same to the Probate Officer to the intent that it may be dealt with according to law, and shall certify the death and the opening and delivering out of the paper writing accordingly. 91. (1) The committee of the estate shall, or any other party interested in the confirmation of the report may, apply to the Judge for confirmation of the same; and upon such application the Judge may confirm the report with or without variation and make such further or other order as he may consider just. 92. Where no representation has been raised to the estate of a ward who has died intestate, and whose total assets appear to the Judge not to exceed £1,000 in value, any funds to which he was or his personal representatives would be entitled may, by direction of the Judge, be paid, transferred or delivered to the person who would be entitled to obtain letters of administration of his estate under the Succession Act, 1965 , upon such person making and filing with the Registrar a declaration in the Form 18. 93. Where a ward, upon recovery, wishes to be remitted to the management of his own affairs, he may apply informally to the Judge to be so remitted. The Judge, if satisfied by such evidence as he considers sufficient, that the ward is capable of managing his person, property and affairs generally, may make such order as he shall think the circumstances require and dismiss the matter out of lunacy. 94. (1) Except as is hereinafter provided, service of notice of presentation of an originating petition as required by rules 8,23 and 35 shall be effected by personal service by delivering to and leaving with the respondent a true copy of the petition, with the notice thereon indorsed, and at the same time showing him the attested copy indorsed with the appropriate notice. Save as is hereinafter provided, service of any other document upon a respondent or ward shall be effected by delivering it to the respondent personally. (2) Where by reason of his physical or mental condition or his situation or the other circumstances of the case, personal service would be impracticable or inexpedient, then service may be effected as follows:— ) if the respondent or ward is a patient resident in a mental hospital or other institution, by delivering the notice or document to the person for the time being in charge thereof; ) if the respondent or ward is not such a patient by delivering the notice or document to some inmate aged twenty-one years or upwards at the ward's dwellinghouse or usual or last known place of abode, such house or abode being within the jurisdiction. (3) The provisions of this rule as to substituted service shall not apply to the service of notice of an originating petition under section 68 or Section 103 of the Act unless the Judge otherwise directs. 95. In every case an affidavit of service of such notice or document shall be filed with the Registrar stating particularly the time, place, and mode of service, and, where there has not been personal service, the grounds and reason why such personal service has not been effected, and the means by which service was effected in accordance with sub-rule 94 (2). Such affidavit shall be in the Form No. 15. 96. An application by any person in any matter for liberty to change solicitors shall be accompanied by an affidavit by such person showing the reason for the change. 97. Subject to the provisions of this Order, solicitors may charge and be allowed for professional services in proceedings in relation to wards of Court, such fees as they would be allowed for professional services of a similar character in relation to proceedings generally in the High Court. 98. Subject to any order that the Judge may make in the matter, the Registrar may direct that any bill of costs in any proceeding under the Act be referred for taxation to the Taxing Master who shall duly tax and certify the amount due upon the same as if he had been so directed by order of the Judge. 99. (1) The Registrar may himself measure a sum for costs where the Judge so directs, or where the parties concerned so consent, or where he considers that the amount which would be allowed on taxation would not exceed £1000. (2) Where the Registrar measures costs in pursuance of this rule, the Accountant may pay the amount so measured notwithstanding that the order under which such costs are payable directs payment upon production of a certificate of taxation thereof. 100. The costs of the General Solicitor in relation to any matter in which he has acted as committee, receiver or guardian, or any costs in relation to any proceedings which he has taken in accordance with the directions of the Judge or the Registrar shall be paid by such parties or out of such funds as the Judge or the Registrar may direct. 101. No committee, receiver or guardian shall, unless the Judge or the Registrar shall otherwise direct, be allowed at the expense of the ward's estate, any costs or expenses for any work proper to be done by him personally and not requiring professional assistance. 102. Save where otherwise provided by the Act or by this Order, the evidence in any proceedings or matter under the Act or this Order shall be given by affidavit; but in any case the Judge and in proceedings before him the Registrar may direct the attendance for cross-examination of any person who has made an affidavit and may order that the whole or any part of the evidence be given and taken viva voce. 103. Clerical mistakes in judgments or orders of the Judge, or errors arising therein from any accidental slip or omission, may at any time, with the approval of the Judge, be corrected by the Registrar. Clerical mistakes in orders, rulings or directions made or given by the Registrar, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Registrar without referring the matter to the judge. 104. Every order in proceedings to which this Order applies shall be issued out of the Office of Wards of Court. ORDER 68. REVENUE. 1. In this Order, "the Commissioners" means the Revenue Commissioners. 2. All proceedings in Revenue causes and matters shall be entitled: "THE HIGH COURT REVENUE." Recovery of taxes and duties. 4. (1) In Revenue causes and matters service out of the jurisdiction of an originating summons may be allowed by the Court. (2) Every application for leave to serve such a summons, or notice thereof, on a defendant out of the jurisdiction shall be supported by affidavit, or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country the defendant is or probably may be found, and whether he is a citizen of Ireland or not; and no leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction. (3) The provisions of Order 11 rules 6 to 10 (inclusive), shall apply to service out of the jurisdiction in Revenue causes and matters. 5. If a defendant fails to comply with any order for the delivery of an account, whether on oath or affidavit or not, or the furnishing of explanations or documents in connection with any such tax or duty as aforesaid, an order of attachment may be issued against him under the provisions of Order 44 Part 1. Appeals under the Finance Act, 1894, section 10. 6. Any aggrieved person within the meaning of the Finance Act, 1894, section 10 (1), who desires to appeal in any of the cases mentioned in the said section shall, within one month after receipt by him or his solicitor of notice in the Form No. 29 in Appendix C of the decision or claim of the Commissioners, deliver or leave at the office of the Revenue Solicitor at Dublin Castle during office hours a written statement addressed to the Commissioners of the grounds of such appeal. 7. Such statement shall contain the full name and address of the appellant and the name and registered place of business of his solicitor (if any), and shall distinctly specify the several grounds upon which the appellant contends that the decision or claim of the Commissioners was erroneous and, if he contends that the value put upon any property by the Commissioners is excessive, he shall in his statement identify such property and state the value which he contends should be put upon the same. 8. The Commissioners shall, within one month after the leaving or delivery of such statement, give notice to the appellant or his solicitor whether they have withdrawn the decision or claim appealed against or have determined to maintain the same, either in whole or in any and what part, and shall therein state the grounds of such decision and the particulars of such claim in so far as they have determined to maintain the same. 9. Within one month after receipt of the Commissioners' notice of their determination to maintain their decision or claim either in whole or in part, the appellant may proceed with his appeal by presenting a petition to the Court. Immediately after presentment, a copy of the petition shall be served by the appellant upon the Commissioners by leaving the same at the office of the Revenue Solicitor during office hours. 11. Subject to the provisions of these Rules, the appellant shall not in his petition state, nor at the hearing thereof be allowed to rely upon, any grounds of appeal not specifically set forth in his statement of the grounds of appeal; nor shall the Commissioners at such hearing be allowed to rely upon any grounds to sustain their decision or claim not specifically set forth in their answer. 12. Upon the filing of the answer and the service of a copy thereof in manner aforesaid, the matter shall be deemed to be completely at issue and the appellant may set the petition down for hearing as aforesaid, and if he does not do so within seven days after service of the answer, the Commissioners may do so. 13. Unless otherwise ordered the evidence at the hearing of the petition shall be given viva voce. 14. The Court may at any stage of the proceedings allow the appellant to amend his grounds of appeal and petition, or the Commissioners to amend their answer, in such manner and upon such terms as may be just. 15. (1) An application under the Finance Act, 1894, section 10 (4), for leave to bring an appeal without payment of duty, or on part payment only thereof, shall be made by motion on notice to the Commissioners which shall be entitled in the matter of the intended appeal and in the matter of the Finance Act, 1894, and shall be served within the time limited by rule 9, together with a copy of the affidavit grounding the application, by leaving or delivering the same at the office of the Revenue Solicitor during office hours at least four clear days before the hearing of the application. (2) Where such an application is made, the appellant may, notwithstanding that the time limited by rule 9 for presenting the petition may have expired, proceed with his appeal by presenting a petition to the Court within fourteen days after the order made on such application shall have been perfected and serving a copy of the petition in the manner provided in the said rule. Appeals under the Succession Duty Act, 50. 16. An appeal pursuant to the Succession Duty Act, 1853, section 50, may be instituted by presenting a petition to the Court. Immediately after presentment, a copy of the petition shall be served by the appellant upon the Commissioners by leaving the same at the office of the Revenue Solicitor during office hours, and thereafter the provisions of rules 10 to 14 (inclusive) shall apply to such appeal. Applications under the Finance Act, 18. 17. An application pursuant to the Finance Act, 1983 , section 18, may be made by motion ex parte grounded upon an affidavit entitled as provided in rule 2 and in the matter of the said Act, identifying the person to whom such application relates. 18. A separate Cause Book shall be kept for proceedings in Revenue causes and matters. 19. Nothing in these Rules shall be construed to prejudice the rights, privileges, and priorities preserved by the Finance Act, 1924 , section 38(2). 20. The provisions of Order 16, and of Order 19, rule 2 shall not apply to proceedings in Revenue causes or matters. 21. Subject to the power of transfer, proceedings in Revenue causes and matters shall be assigned to such Judge as the President of the High Court may from time to time assign to hear the same. ORDER 69. ARREST OF DEFENDANT UNDER THE DEBTORS ACT (IRELAND), 1872. 1. An order to arrest under the Debtors Act (Ireland), 1872, section 7, (which shall be in the Form No. 16 in Appendix F, Part II), shall be made upon affidavit and ex parte , but the defendant may, at any time after arrest, apply to the Court to rescind or vary the order, or to be discharged from custody, or for such other relief as may be just. 2. An order to arrest shall before delivery to the Garda Síochána be indorsed with the registered place of business of the plaintiff's solicitor, or with the address for service of the plaintiff in person as required by Order 4, rules 14 and 15. 3. The security to be given by the defendant may be a deposit in Court of the amount mentioned in the order, or a bond to the plaintiff by the defendant and two sufficient sureties (or, with the leave of the Court, either one surety or more than two), or, with the plaintiff's consent, any other form of security. The plaintiff, may, within four days after receiving particulars of the names and addresses of the proposed sureties, give notice that he objects thereto, stating in the notice the particulars of his objections. In such case the sufficiency of the security shall be determined by the Master who shall have power to award costs to either party. It shall be the duty of the plaintiff to obtain an appointment for that purpose, and unless he do so within four days after giving notice of objection, the security shall be deemed sufficient. 4. The money deposited, and the security, and all proceedings thereon, shall be subject to the order and control of the Court. 5. Unless otherwise ordered, the costs of and incidental to an order of arrest, shall be costs in the cause. 6. Upon payment into Court of the amount mentioned in the order, a receipt shall be given, and upon receiving the bond or other security, a certificate to that effect shall be given, signed or attested by the plaintiff's solicitor, if he have one, or by the plaintiff, if he sue in person. The delivery of such receipt, or a certificate to the officer executing the order, shall entitle the defendant to be discharged out of custody. 7. The officer effecting an arrest under such order shall, within two days after the arrest, indorse on the order the true date of such arrest. ORDER 70. MATRIMONIAL CAUSES AND MATTERS. 1. Proceedings in matrimonial causes and matters shall be commenced by filing a petition, which shall be addressed to the High Court and which shall be in the Form No. 1 Appendix L. (The forms hereinafter referred to in this Order are the forms set forth in said Appendix). 2. Every petition by which such proceedings shall be commenced shall state the domicile of the parties at the respective dates of the marriage and of the petition, the place of the marriage, the address and description of each party, and the number of children of the marriage. 4. In cases where the petitioner is seeking a decree of nullity of marriage, or of divorce a mensa et thoro 5. Every petitioner who files a petition and affidavit shall forthwith extract a citation, under seal of the Court, for service on each respondent in the cause. 6. Every citation shall be in the Form No. 2, and the party extracting the same, or his solicitor, shall take it up, together with a and get the citation signed. The shall contain the registered place of business of the solicitor depositing same, or if there be no solicitor, an address for service within the jurisdiction where notices, pleadings, orders, warrants, and other documents may be left for such party. 7. Citations shall be served personally when that can be done. 8. Service of a citation shall be effected by personally delivering a true copy of the citation to the party cited, and producing the original, if required. 9. To every person served with a citation shall be delivered, together with the copy of the citation, a certified copy of the petition under seal of the Court. 10. In cases where personal service cannot be effected, application may be made by motion to the Court to substitute some other mode of service. 11. After service has been effected the citation, with a certificate of service in the Form No. 3 indorsed thereon, shall be forthwith filed in the Central Office. 12. When it is ordered that a citation shall be advertised, the newspapers containing the advertisement shall be filed in the Central Office with the citation. 13. Rules 7 to 12, so far as they relate to the service of citations, shall apply to the service of all other documents requiring personal service. 14. A petitioner may not proceed, after having extracted a citation, until an appearance shall have been entered by or on behalf of the respondents, or it shall be shown by affidavit, filed in the Central Office, that they have been duly cited and have not appeared. 15. The citation referred to in the affidavit of service shall be annexed to such affidavits, and marked by the person before whom the same is sworn. The affidavit of service of a citation shall be in the Form No. 4. 16. All appearances to citations shall be entered in the Central Office in a book provided for that purpose, and shall be in the Form No. 5. 17. An appearance may be entered at any time before a proceeding has been taken in default, or afterwards by leave of the Court, and every appearance shall contain the registered place of business of the solicitor entering same, or, if there be no solicitor, an address for service as prescribed by rule 6. 18. If a party cited wishes to raise any question as to the jurisdiction of the Court; he shall enter an appearance under protest, and within eight days file in the Central Office his act on petition in extension of such protest, and on the same day deliver a copy thereof to the petitioner, or to his solicitor. After the entry of an absolute appearance to the citation, a party cited cannot raise any objection as to jurisdiction. 19. Application for leave to intervene in any cause shall be made to the Court, by motion, supported by affidavit, and every party intervening shall join in the proceedings at the stage in which he finds them, unless it is otherwise ordered by the Court but the Court may give liberty to a party intervening to plead, as if he was a party to the proceedings originally. 20. Each respondent who has entered an appearance may within twenty-eight days after service of the citation on him file in the Central Office an answer to the petition, in the Form No. 6. 21. Each respondent shall on the day he files an answer deliver a copy thereof to the petitioner, or to his solicitor. 23. In cases involving a decree of nullity of marriage, or of divorce a mensa et thoro , the respondent who is husband or wife of the petitioner, shall in the affidavit filed with the answer, further state that there is not any collusion or connivance between the deponent and the petitioner. Further pleadings 24. Within fourteen days from the filing and delivery of the answer the petitioner may file a reply thereto, and no further pleading shall be allowed without leave of the Court. 25. A copy of every reply and subsequent pleading shall on the day the same is filed be delivered to the opposite parties or to their solicitors. General rules as to pleadings. 26. Either party desiring to alter or amend any pleading shall apply to the Master by motion on notice for permission to do so, unless the alteration or amendment be merely verbal, or in the nature of a clerical error, in which case the application may be made ex parte. 27. When a petition, answer, or other pleading has been ordered to be altered or amended, the time for filing and delivering a copy of the next pleading shall be reckoned from the time of the order having been complied with. 28. A copy of every pleading showing the alterations and amendments made therein shall be delivered to the opposite parties on the day such alterations and amendments are made in the pleading filed in the Central Office; and the opposite parties, if they have already pleaded, shall be at liberty to amend such pleading within four days after such delivery, or such further time as may be allowed for the purpose. 29. If either party in the cause fail to file or deliver a copy of the answer, reply, or other pleading, or to alter or amend the same, or to deliver a copy of any altered or amended pleading, within the time allowed for the purpose, the party to whom the copy of such answer, reply, or other pleading or altered or amended pleading, ought to have been delivered, shall not be bound to receive it, and such answer, reply, or other pleading, shall not be filed, or be treated or considered as having been filed, or be altered or amended, unless by order of the Court. The expense of obtaining such order shall fall on the party applying for it, unless the Court shall otherwise direct. 30. Applications for further particulars of matters pleaded shall be made to the Court by motion on notice. 31. No pleading in any matrimonial cause or matter except the petition by which the proceedings shall be commenced shall be filed, delivered, or amended in the Long vacation unless directed by the Court, but every such petition may be delivered in the Long vacation without any order. Medical inspection. 32. (1) In proceedings for nullity on the ground of impotence or incapacity, the petitioner shall, after the filing of the last pleading or, if no appearance has been entered or answer filed, after the expiration of the time allowed for entering an appearance or filing an answer (as the case may be), apply to the Master to determine whether medical inspectors should be appointed to examine the parties. (2) Upon such application the Master may appoint two medical inspectors to examine the parties and report to the Court the result of such examination. (3) At the hearing of any such proceedings the Court may appoint a medical inspector or two medical inspectors to examine any party who has not been examined or to examine further any party who has been examined, and to report to the Court the result of such examination. (4) In proceedings for nullity on the ground that the marriage has not been consummated owing to the wilful refusal of the respondent to do so, either party may, after the filing of the last pleading, apply to the Master for the appointment of medical inspectors to examine the parties and to report to the Court the result of such examination. Upon such application the Master shall appoint two medical inspectors and either of the parties shall be at liberty to submit himself for examination to one or both of the inspectors so appointed. (5) The party on whose application medical inspectors have been appointed as aforesaid shall cause notice of the time and place of the examination to be given to the other party. (6) Every examination shall be held at the consulting rooms of one of the medical inspectors so appointed as aforesaid or at some other convenient place to be specified in the order appointing them. (7) A Registrar shall attend at the place fixed for the examination and call upon the solicitors for the parties to identify the parties to be examined. When the parties have been identified, the Registrar shall certify such identification in the Form No. 8, and shall administer an oath in the Form No. 9 to the medical inspectors who shall sign the same. The certificate of identification and oath shall be filed by the Registrar in the Central Office. (8) Every report made under this rule shall be sent by prepaid registered post by the medical inspectors to the Master at the Four Courts, Dublin, and thereupon shall be filed in the Central Office, and either party shall be entitled to obtain a copy thereof upon payment of the prescribed fee. Trial or hearing. 33. No cause shall be called on for trial or hearing until after the expiration of ten days from the day when the application to settle the mode of trial shall have been heard, unless by consent or by special order. 34. Any respondent in the cause, after entering an appearance, without filing an answer to the petition in the principal cause, may be heard in respect of any question as to costs. 35. The Court may, on the trial or hearing of any cause, order an adjournment to such time and subject to such conditions as to costs and otherwise as it shall think fit. . Evidence taken by affidavit 38. Copies of all affidavits shall on the day when the same are filed be delivered to the other parties to be heard on the trial or hearing of the cause, or to their solicitors. 39. Affidavits in reply to counter-affidavits shall not be filed without permission of the Court. 40. The Court may, on the application of any party, order the attendance for cross-examination of any person making an affidavit. Proceedings by petition. 41. Any party to a cause who has entered an appearance may apply on motion to the Court to be heard on his petition touching any collateral questions which may arise in a suit. 42. The party to whom leave has been given to be heard on his petition shall within eight days file his act on petition in the Central Office, and on the same day deliver a copy thereof to such parties in the cause as are required to answer thereto. 43. Each party to whom a copy of an act on petition is delivered shall within eight days after receiving the same file his answer thereto in the Central Office, and on the same day deliver a copy thereof to the opposite party, and the same course shall be pursued with respect to any subsequent pleading. But no pleading after the reply shall be allowed without leave of the Court. 44. The parties to the act on petition respectively, within eight days from that on which the last pleading is filed, shall (unless any different mode of proof shall be directed by the Court) file in the Central Office such affidavit and other proofs as may be necessary in support of their several averments. 45. After the time for filing affidavits and proofs has expired, unless any different mode of proof shall have been directed by the Court, the party filing the act on petition shall set down the petition for hearing; and in the event of his failing to do so within a month any party who has filed an answer thereto may set the same down for hearing, and the petition will be heard by the Court without a jury. 46. The order directing any different mode of proof mentioned in rules 44 and 45 shall provide for the hearing of the petition. 47. The wife, being the petitioner in a cause, may apply for alimony pending suit by motion on notice supported by affidavit at any time after the citation has been duly served on the husband or after order made by the Court to dispense with such service, provided the of marriage between the parties is established by affidavit previously filed. 48. The wife, being the respondent in a cause after having entered an appearance may also apply by motion on notice supported by affidavit for alimony pending suit. 49. The husband shall within eight days after the service of the notice of motion and copy of the affidavit in support thereof file an affidavit in answer and give notice of the filing thereof to the wife. 50. The husband, being respondent in the cause, shall enter an appearance before he can file an affidavit in answer to an application for alimony. 51. If the wife is not satisfied with the sufficiency of the husband's affidavit in answer, she may apply to the Court by motion to order him to give a further and fuller affidavit in answer or to order his attendance on the hearing of the motion for the purpose of being examined thereon. 52. In case the affidavit in answer of the husband alleges that the wife has property of her own, she may within eight days after notice of filing thereof, file an affidavit in reply to that allegation, but the husband shall not be at liberty to file an affidavit by way of rejoinder without permission of the Court. 53. If no affidavit in answer is filed by the husband the wife may proceed with the motion or may apply to the Court by motion to order his attendance at the hearing thereof for the purpose of being examined thereon. 54. A wife who has obtained a final decree a mensa et thoro may apply to the Court by motion for an allotment of permanent alimony, provided that she shall eight days at least before making such application give notice thereof to the husband or his solicitor. 55. A wife may at any time after alimony has been allotted to her, whether alimony pending suit or permanent alimony, apply by motion for an increase of the alimony allotted by reason of the increased faculties of the husband or by the reduction of her own faculties, or a husband may apply by motion for a diminution of the alimony allotted by reason of reduced faculties or of the wife's increased faculties, and the course of proceeding in such cases shall be the same as required by this Order in respect of the original application for alimony and the allotment thereof so far as the same are applicable. 56. Permanent alimony shall, unless otherwise ordered, commence and be computed from the date of the final decree of the Court. 57. Alimony pending suit and also permanent alimony shall be paid to the wife or to some person to be nominated in writing by her and approved of by the Court as trustee on her behalf. Restitution of conjugal rights 58. At any time after the commencement of proceedings for restitution of conjugal rights the respondent may apply to the Court for an order to stay the proceedings in the cause by reason that he is willing to resume or to return to cohabitation with the petitioner. Guardians of infants. 59. An infant may elect any one or more of his next-of-kin as guardian, for the purpose of proceeding on his behalf as petitioner, respondent, or intervener in a cause. 60. The necessary instrument of election shall be filed in the Central Office before the guardian elected can be permitted to extract a citation or to enter an appearance on behalf of the infant. 61. Where an infant has not elected a guardian as aforesaid, the Court shall assign a guardian to the infant for such suit. Attachment and Sequestration. 62. In all matrimonial causes and matters, orders of attachment and orders of sequestration are to be prepared by the party at whose instance the order for the issue thereof has been obtained or the party applying for the issue thereof and taken to the Central Office with an attested copy of the order if made and a for the order and when approved or signed by the Master or the Registrar shall be sealed and it shall not be necessary for the Judge to seal such orders. 63. Any person in custody under an order of attachment may apply for his discharge to the Court. 64. All notices required by this Order or by the practice of the Court, shall be signed by the party, or by his solicitor. Service of pleadings, notices, &c. 65. It shall be sufficient to leave all pleadings, notices and other documents, which by this Order are required to be given or delivered to the opposite parties in the cause, or to their solicitors, and personal services of which is not expressly required, at the registered place of business or address for service furnished as aforesaid by the petitioner and respondent respectively. 66. Where it is necessary to give notice of any motion to be made to the Court, such notice shall be served on the opposite parties who have entered an appearance two clear days previously to the hearing of such motion, and a copy of the notice so served shall be filed in the Central Office, but no proof of the service of the notice will be required, unless by direction of the Court. 67. If an order be obtained on motion without due notice to the opposite parties, such order shall be rescinded on the application of the parties upon whom the notice should have been served; and the expense of and arising from the rescinding of such order shall fall on the party who obtained it, unless the Court shall otherwise direct. 68. When it is necessary to serve personally any judgment or order, the original judgment or order, or an attested copy thereof, shall be produced to the party served, and annexed to the affidavit of service. Change of solicitor. 69. A party may obtain an order to change his or her solicitor, upon application to the Master. 70. In case the former solicitor neglects to file his bill of costs for taxation at the time required by the order served upon him, the party may, with the sanction of the Court, proceed in the cause by the new solicitor, without previous payment of such costs. Motion papers. 71. Motion papers are to set forth the style and object of, and the names and descriptions of the parties to, the cause or proceeding before the Court; the proceedings already had in the cause, and the dates of the same; the prayer of the party on whose behalf the motion is made, and briefly the circumstances on which it is founded. 72. If the motion papers tendered are deficient in any of the above particulars, the same shall not be received without permission of the Master. 73. The motion paper and the affidavit in support thereof and all original documents referred to in such affidavits shall be filed and left in the Central Office. 74. All bills of cost for business in matrimonial causes and matters shall be taxed by the Taxing Master. 75. After directions have been given as to the mode of hearing of trial of a cause, or in an earlier stage of a cause, where special circumstances are shown, the Court may, on the application by motion of a wife who is a petitioner or who has entered an appearance (unless the husband shall prove that the wife has sufficient separate estate or show other good reason) make an order directing him to pay her costs of the cause up to the date of such application, and her further costs de die in diem up to the trial or hearing, and directing the Taxing Master to tax such costs and at the time of such taxation (if directions as to the mode of hearing or trial have been given before such taxation) to ascertain and certify what is a sufficient sum of money to be paid into Court or what is a sufficient security to be given by the husband to cover the costs of the wife of and incidential to the hearing or trial of the cause. 76. In all cases in which the Court at the hearing of a cause condemns any party to the suit in costs, the solicitor of the party to whom such costs are to be paid may forthwith lodge his bill of costs and obtain an appointment for the taxation, provided that such taxation shall not take place before the time allowed for moving for a new trial shall have expired. 77. When the Taxing Master shall have signed his certificate of taxation or as to security, it may be lodged by the party obtaining the same in the Central Office, and the Master shall at once issue an order for payment of the amount or giving of security within seven days, and this order shall be served on the party liable or his solicitor, but unless by leave of the Court no sequestration to enforce such payment shall be issued. 78. When on the hearing or trial of a cause the decision of the Court or the verdict of the jury is against the wife, no costs of the wife of and incidental to such hearing or trial shall be allowed as against the husband, except such as shall be applied for, and ordered to be allowed by the Court at the time of such hearing or trial. 79. Where a party served with a citation does not appear within the time limited for appearance, upon the filing by the petitioner of a proper affidavit of service, the cause may proceed as if such party had appeared, but any pleadings or motions required to be served on such party shall be filed with the proper officer in the Central Office in lieu of service. ORDER 71. THE LEGITIMACY DECLARATION ACT (IRELAND), 1868. 1. In this Order, "the Act" means the Legitimacy Declaration Act (Ireland), 1868. 2. Proceedings under the Act shall be commenced by petition, which shall be entitled— "THE HIGH COURT The Legitimacy Declaration Act (Ireland), 1868". and shall be addressed— "To The High Court" (2) Every such summons shall be entitled in the matter of the settlement, will, trust, or property (as the case may be) to which it relates, and in the matter of the statute under which the application is made, and shall in the special indorsement of claim, specify the section of the statute under which the relief is sought. 3. (1) The persons to be served with notice of applications to the Court shall, in the first instance, be as follows:— ) in the case of applications by the tenant for life under the Settled Land Act, 1882, section 34, or the Settled Land Act, 1890, section 10, or of applications under the Settled Land Act, 1884, section 7 (ii): the trustees; ) in the case of applications under the Settled Land Act, 1882, section 38: the trustees (if any) and the tenant for life (if not the applicant); ) in the case of applications under the Settled Land Act, 1882, section 44: the tenant for life, or the trustees (as the case may be); ) in the case of applications under the Settled Land Act, 1884, section 7 (iii): the trustees (if any) and the tenant for life (if not the applicant), and the person (if any) to whom leave has been given under section 7 (ii). 4. Except in the cases mentioned in rule 3, applications by a tenant for life shall not in the first instance be served on any person. 8. Where the Court authorises generally the tenant for life to make from time to time leases or grants for building or mining purposes under the Settled Land Act, 1882, section 10, the order shall not direct any particular lease or grant to be settled or approved by the Court, unless the Court shall consider that there is some special reason why such lease or grant should be settled or approved by it. Where the Court authorises any such lease or grant in any particular case, or where the Court authorises a lease under the Settled Land Act, 1890, section 10, the order may either approve a lease or grant already prepared, or may direct that the lease or grant shall contain conditions specified in the order, or such conditions as may be approved by the Examiner, without directing the lease or grant to be settled by the Court. 10. The summons under rule 9 shall be supported by an affidavit setting forth— ) the name and address of the person desiring to make the payment; ) the place where he is to be served with notice of any proceeding relating to the money; ) the amount of money to be paid into Court, and the account to the credit of which it is to be placed; ) the name and address of the tenant for life under the settlement by whose direction the money is to be paid into Court; ) the short particulars of the transaction in respect of which the money is payable. 11. The order made upon the summons for payment into Court may contain directions for investment of the money on any securities authorised by the Settled Land Act, 1882, section 21 (1), and for payment of the dividends to the tenant for life, either forthwith or upon production of the consent in writing of the applicant; the signature to such consent to be verified by the affidavit of a solicitor, If the transaction in respect of which the money arises, is not completed at the date of payment into Court, the money shall not, without the consent of the applicant, be ordered to be invested in any securities other than those upon which cash under the control of the Court may be invested. ORDER 73. PAYMENT INTO COURT UNDER THE TRUSTEE ACT, 1893, AND THE SUPREME COURT OF JUDICATURE (IRELAND) ACT, 1877. 1. Where a trustee or other person desires to make a lodgment in Court under the Trustee Act, 1893, section 42, or under the Supreme Court of Judicature (Ireland) Act, 1877, section 28 (6), he shall make and file an affidavit entitled in the matter of the trust or debt (described so as to be distinguishable) and of the relevant Act and setting forth:— ) a short description of the trust and of the instrument creating it, or of the debt, and how it arose; ) the names of the persons interested in and entitled to or claiming the money, or securities, or debt, and their places of residence, to the best of his knowledge and belief; ) his submission to answer all such inquiries relating to the application of the money or securities paid into Court, as the Court may make or direct; ) the place where he is to be served with any summons, or order, or notice of any proceeding relating to the money or securities. Such affidavit shall have annexed thereto a schedule as prescribed by Order 77, rule 29. 2. The person who has made the lodgment shall forthwith give notice thereof by post to the several persons whose names and places of residence are stated in his affidavit as interested in or entitled to or claiming the money or securities lodged in Court, or the debt. 3. The person who has made the lodgment shall be served with any summons claiming relief in respect of the money or securities. 4. Any person interested in or entitled to or claiming the money or securities shall be served with notice of any application made by the person who has made the lodgment. 5. When the rights of the persons entitled to money or securities lodged in Court under this Order are ascertained, the Court may direct payment or transfer to be made to the persons entitled. ORDER 74. WINDING-UP OF COMPANIES. 1 .. 1. (1) In this Order unless the context or subject matter otherwise requires— "the Act" means the Companies Act, 1963 "the company" means the company which is being wound up or in respect of which proceedings to have it wound up have been commenced; "creditor" includes a company or corporation or a firm or partnership; "debt proved" includes any debt which shall have been duly admitted without proof; references to "Liquidator" shall, where appropriate, be construed as including "Official Liquidator". (2) Words and expressions contained in this Order shall have the same meaning as in the Act. (3) In this Order, a reference to a section or subsection is to that section or subsection in the Act unless it is indicated that reference to some other enactment is intended. Application of this Order 2. Rules which from their nature and subject matter are, or which by the headings above the group in which they are contained or by their terms are made applicable only to the proceedings in winding up by the Court or only to such proceedings and to proceedings in a creditors' voluntary winding up, shall not apply to the proceedings in a voluntary winding up, or, as the case may be, in a members' voluntary winding up. Assignment of Judge 3. All applications and proceedings (including petitions for winding up) in relation to every winding up under the Act shall be assigned to such Judge or Judges as the President of the High Court shall from time to time assign to hear such applications and proceedings but if such Judge or Judges shall be unable to dispose of such applications or proceedings, any other Judge or Judges of the High Court may dispose of any such application. Use of forms 4. The forms in Appendix M (annexed hereto) where applicable, and where they are not applicable, forms of the like character, with such variations as circumstances may require, shall be used, and the forms referred to in this Order are those in the said Appendix M. The directions contained in any form shall be observed in relation thereto. Where such forms are applicable, any costs occasioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same, unless the Court shall otherwise direct. Title of proceedings 5. (1) Every petition, summons, notice, affidavit and other proceeding in a winding up matter shall with any necessary additions be entitled as in the Form No. 1 and where the company is in liquidation there shall be added after the name of the company the words "in liquidation". (2) The first proceeding shall have a distinctive number assigned to it in the Central Office, and all proceedings subsequent to the first proceeding shall bear the same number as the first proceeding. Numbers and dates may be denoted by figures. Service of documents in winding up by the Court. 6 .. 6. Service of all notices, motions and other documents other than those of which personal service is required, may be effected through the Central Office or by sending them by pre-paid post to the last known address of the person to be served therewith; and the notice, motion or document shall be considered served at the time that the same ought to have been delivered in the ordinary course of post. When any such notices, motions or other documents are served by sending them by pre-paid post, a certificate of posting shall be obtained from the Post Office and shall be conclusive evidence of such service. Petition to wind up a company. 7 .. 7. Every petition for the winding up of a company by the Court shall be in one of the Forms Nos. 2, 3 or 4. 8 .. 8. he petition shall be presented at and shall be retained in the Central Office. A sealed copy thereof shall be taken out by the petitioner or his solicitor and shall be used as if it were an original. 9 .. 9. he petition and sealed copy shall be brought to the office of one of the Registrars who shall appoint the time and place at which the petition is to be heard. Notice of the time and place appointed for hearing the petition shall be written on the petition and the sealed copy thereof and the Registrar may at any time before the petition has been advertised, alter the time appointed and fix another time. 10 Advertisement of petition 10. (1) Every petition shall be advertised seven clear days before the hearing, once in Iris Oifigiùil and once at least in two Dublin daily morning newspapers or in such other newspapers as the Registrar when appointing the time and place at which the petition is to be heard shall direct. (2) The advertisement, which shall be in the Form No.

5, shall state the day on which the petition was presented, the name and address of the petitioner, and the name and registered place of business of his solicitor, and shall contain a note at the foot thereof stating that any person who intends to appear at the hearing of the petition, either to oppose or support, shall send notice of his intention to the petitioner, or to his solicitor, within the time and in the manner prescribed by rule 15, and an advertisement of a petition for the winding up of a company by the Court which does not contain such a note shall be deemed irregular. 11 Service of petition 11. Every petition shall, unless presented by the company, be served on the company at the registered office of the company, and if there is no registered office, then at the principal or last known principal place of business of the company if any such can be found, by leaving a copy with any member, officer or servant of the company there, or in case no such member, officer or servant can be found there, then by leaving a copy at such registered office or principal place of business, or by serving it on such member or members of the company as the Court may direct and when the company is being wound up voluntarily, every such petition shall also be served upon the liquidator appointed for the purpose of winding up the affairs of the company. 12 Verification of petition 12. Every petition for the winding up of a company by the Court shall be verified by affidavit. Such affidavit which shall be in one of the Forms Nos. 6 or 7, shall be made by the petitioner, or by one of the petitioners if more than one, or in case the petition is presented by a corporation or company, by some director, secretary or other officer thereof, and shall be sworn after and filed within four days after the petition is presented, and such affidavit shall be sufficient prima facie evidence of the statements in the petition. 13 Copy of petition 13. Every contributory or creditor of the company shall be entitled to be furnished by the solicitor of the petitioner with a copy of the petition within twenty-four hours after making the request for such copy on paying for it at the rate specified in Order 117. Provisional liquidator. 14 Appointment of provisional liquidator 14. (1) After the presentation of a petition for the winding up of a company, the Court, upon the application of a creditor, or of a contributory or of the company, and upon proof by affidavit of sufficient ground for the appointment of a provisional liquidator and without advertisement or notice to any person (unless the Court shall otherwise direct) may, upon such terms as in the opinion of the Court shall be just and necessary, make the appointment. (2) The order appointing the provisional liquidator shall state the nature and a short description of the property of which the provisional liquidator is ordered to take possession, and the duties to be performed by the provisional liquidator. (3) Subject to any order of the Court, if no order for the winding up of the company is made upon the petition, or if an order for the winding up of the company is rescinded or if all proceedings on the petition are stayed, the provisional liquidator shall be entitled to be paid out of the property of the company all the costs, charges and expenses properly incurred by him as provisional liquidator, including such sum as the Court may fix for his remuneration and may retain out of such property the amount of such costs, charges and expenses. Hearing of petitions and orders made thereon. 15 Hearing of petition and appearances thereon 15. Every person who intends to appear on the hearing of a petition shall serve on, or send by post to, the petitioner or his solicitor at the address stated in the advertisement of the petition, notice of his intention. The notice shall contain the address of such person, and shall be signed by him, or by his solicitor and shall be served, or if sent by post, shall be posted in such time as in the ordinary course of post to reach the address not later than five o'clock in the afternoon of the day previous to the day appointed for the hearing of the petition. The notice may be in the Form No. 8. A person who has failed to comply with this rule shall not, without the special leave of the Court, be allowed to appear on the hearing of the petition. 16 .. 16. he petitioner, or his solicitor, shall prepare a list in the Form No. 9 of the names and addresses of the persons who have given notice of their intention to appear on the hearing of a petition, and of their respective solicitors. On the day appointed for hearing the petition, a copy of the list (or if no notice of intention to appear has been given, a statement in writing to that effect) shall be handed by the petitioner, or his solicitor, to the Registrar prior to the hearing of the petition. 17 .. 17. Affidavits in opposition to a petition that the company may be wound up under the order of the Court shall be filed within seven days after the publication of the last of the advertisements required by rule 10, and notice of the filing of every affidavit in opposition to such a petition shall be given to the petitioner, or his solicitor, on the day on which the affidavit is filed. 18 .. 18. When a petitioner consents to withdraw his petition, or to allow it to be dismissed, or the hearing adjourned, or fails to appear in support of his petition when it is called in Court on the day originally fixed for the hearing thereof, or on any day to which the hearing has been adjourned, or if appearing, does not apply for an order in the terms of the prayer of his petition, the Court may, if, and upon such terms as it shall deem just, substitute as petitioner any person who would have a right to present a petition, and who desires to prosecute the petition. 19 Winding up order 19. An order to wind up a company or for the appointment of a provisional liquidator shall contain at the foot thereof a notice stating that it will be the duty of the persons who are liable to make out or concur in making out the company's statement of affairs to attend before the Court at such time and place as the Court may appoint and to give to the Court all information which the Court may require. 20 .. 20. Every order for the winding up of a company by the Court which (subject to rule 19 hereof) may be in the Form No. 10, shall within twelve days after the date thereof, or within such extended time as may be allowed by the Court, be advertised in the Form No. 11 by the petitioner once in Iris Oifigiùil , and in each of the newspapers in which the petition was advertised, unless the Court shall otherwise direct and shall be served upon such persons (if any) and in such manner as the Court may direct. 21 .. 21. A copy of every order for the winding up of a company certified by the petitioner or his solicitor to be a true copy shall be left by him at the Examiner's Office within ten days after the same shall have been perfected, and in default thereof any other person interested in the winding up may leave the same, similarly certified, and the Court may give the carriage and prosecution of the order to such person. Upon such order being left, a notice to proceed under the order shall be taken out and served upon all parties who appeared upon the hearing of the petition. Upon the return day of such notice to proceed, a time shall be fixed for the proof of debts and for the list of contributories to be brought in, and directions may be given as to the advertisements to be issued for all or any of such purposes, and generally as to the proceedings and parties to attend thereon. The proceedings under the order shall be continued by adjournment and when necessary, by further notice and any directions as aforesaid may be given, added to, or varied at any subsequent time as may be found necessary. 22 .. 22. A copy of every order for winding up a company certified by the petitioner or his solicitor to be a true copy shall be served upon the company be pre-paid letter addressed to its registered office (if any) or if there is no registered office at its principal or last known principal place of business or upon such other person or persons or in such other manner as the Court may direct. This shall not apply when the company is the petitioner. 23 Notice to the sheriff 23. For the purposes of section 292notice that (1) a winding up petition has been presented, or (2) a winding up order has been made, or (3) a provisional liquidator has been appointed, or (4) a meeting has been called at which there is to be proposed a resolution for the voluntary winding up of the company, or (5) a resolution has been passed for the voluntary winding up of the company, shall be in writing and shall be addressed to the sheriff and may be served by being delivered by hand, or by registered post, at his office. Statement of affairs. 24 Preparation of statement of affairs 24. (1) A person who under section 224 has been required by the Court to submit and verify a statement of affairs of a company shall make out such statement in duplicate one copy of which shall be verified by affidavit. The verified statement of affairs shall be filed in the Central Office. (2) The Court may from time to time require any such person as is mentioned in paragraphs ( ), ( ), ( ) or ( ) of subsection (2) of section 224 to attend before the Court on a date fixed by the Court for the purpose of requiring him to give such information in relation to the company as the Court may think fit and it shall be the duty of every such person to attend at the Court at such time and place and to give to the Court all information that the Court may require. (3) When any person requires any extension of time for submitting the statement of affairs, he shall apply to the Court for such extension. 25 .. 25. A person who is required to make or concur in making any statement of affairs of a company, shall before incurring any costs or expenses in and about the preparation and making of the statement, apply to the Official Liquidator for his sanction and submit a statement of the estimated costs and expenses which it is intended to incur and if there shall be no Official Liquidator, shall apply to the Court; and, except by order of the Court, no person shall be allowed out of the assets of the company any costs or expenses which have not, before being incurred, being sanctioned by the Official Liquidator or the Court. 26 Dispensing with statement of affairs 26. (1) Any application to dispense with the requirements of section 224 shall be supported by a report of the Official Liquidator showing the special circumstances which, in his opinion, render such a course desirable. (2) When the Court has made an order dispensing with the requirements of the said section, it may give such consequential directions as it may see fit and, in particular, may give directions as to the sending of any notices which are by this Order required to be sent to any person mentioned in the statement of affairs. 27 .. 27. Every statement of affairs shall be in the Form No. 13. 28 .. 28. (1) Unless the Court shall otherwise order, the Official Liquidator shall, as soon as practicable, send to each creditor mentioned in the company's statement of affairs and to each person appearing from the company's books or otherwise to be a contributory of the company a summary of the company's statement of affairs including the causes of its failure and any observations thereon which the Official Liquidator may think fit to make. (2) When prior to the winding up order the company has commenced to be wound up voluntarily, the Official Liquidator may, if in his absolute discretion he thinks fit to do so, send to the persons aforesaid or any of them an account of such voluntary winding up showing how such winding up has been conducted and how the property of the company has been disposed of. Appointment and duties of Official Liquidator. 29 .. 29. he Court may appoint a person to the office of Official Liquidator without previous advertisement or notice to any party or fix a time and place for the appointment of an Official Liquidator and may appoint or reject any person nominated at such time and place and appoint any person not so nominated. 30 .. 30. When the time and place are fixed for the appointment of an Official Liquidator, such time and place may be advertised in such manner as the Court shall direct so that the first or only advertisement shall be published within fourteen days and not less than seven days before the day so fixed. 31 .. 31. 32 .. 32. An Official Liquidator shall be appointed by order which may be in the Form No. 12, and unless he shall have given security, a time shall be fixed by such order within which he is to do so, and the order shall fix the times or periods at which the Official Liquidator is to leave his accounts of receipts and payments at the Examiner's Office and shall direct that all moneys to be received shall be paid into the Bank within seven days after the receipt thereof to the account of the Official Liquidator of the company, and an account shall be opened there accordingly, and an attested copy of the order shall be lodged at the Bank. 33 .. 33. When an Official Liquidator has given security pursuant to the direction in the order appointing him, the bond shall be filed in the Central Office and the proper officer in the Central Office shall indorse on the order appointing such Official Liquidator a certificate that the bond has been filed. 34 .. 34. An Official Liquidator shall on each occasion of passing his account and also when the Court may so require, satisfy the Court that his sureties are living and resident in Ireland and have not been adjudged bankrupt or become insolvent or that any company accepted as aforesaid is still in existence and is not in course of being wound up or dissolved and in default thereof he may be required to enter into fresh security within such time as shall be directed. 35 .. 35. Every appointment of an Official Liquidator shall be advertised in such manner as the Court shall direct immediately after he has given security. 36 .. 36. In case of the death, removal or resignation of an Official Liquidator, another shall be appointed in his place in the same manner as in the case of a first appointment and proceedings for that purpose may be taken by such party as may be authorised by the Court. 37 .. 37. An Official Liquidator shall with all convenient speed after he is appointed proceed to make up, continue, complete, check and rectify the books of account of the company in such manner as may be necessary or as the Court may direct. 38 .. 38. The Official Liquidator of a company, or any member of the committee of inspection of a company, or any other person employed in or in connection with the winding up of the company shall not under any circumstances whatever accept from or arrange to accept from any solicitor, auctioneer or other person connected with the company any gift, gratuity, remuneration, emolument, or pecuniary or other consideration or benefit whatever in addition to or apart from such remuneration as he may properly be entitled to under the provisions of the Act or this Order; nor shall any such person so employed as aforesaid give up or arrange to give up to any such solicitor, auctioneer or other person any portion of his proper remuneration. 39 .. 39. The Official Liquidator or any member of the committee of inspection of a company shall not, while acting as liquidator or member of such committee, except by leave of the Court, either directly or indirectly, by himself or any employer, partner, clerk, agent or servant, become purchaser of any part of the company's assets. Any such purchase made contrary to the provisions of this rule may be set aside by the Court on the application of any creditor or contributory in any winding up. 40 Restriction on purchase of goods by Official Liquidator 40. Where the Official Liquidator carries on the business of the company, he shall not, without the express sanction of the Court, purchase goods for the carrying on of such business from any person whose connection with him is of such a nature as would result in his obtaining any portion of the profit (if any) arising out of the transaction. 41 Costs of obtaining sanction of the Court 41. In any case in which the sanction of the Court is obtained under rules 39 or 40, the cost of obtaining such sanction shall be borne by the person in whose interest such sanction is obtained and shall not be payable out of the company's assets. 42 .. 42. If an Official Liquidator is adjudicated a bankrupt, his office shall be vacated and he shall be deemed to have been removed as of the date of adjudication. 43 .. 43. Upon an Official Liquidator resigning, or being removed from his office, he shall deliver over to the new Official Liquidator all books kept by him and all other books, documents, papers and accounts in his possession relating to the office of Official Liquidator. An Official Liquidator shall not be released unless and until he has delivered over to the new Official Liquidator all the books, papers, documents and accounts which he is by this rule required to deliver on his resignation or removal as aforesaid. 44 Proceeds of sale of the company's assets 44. Where property forming part of the company's assets is sold by an Official Liquidator through an auctioneer or other agent, the gross proceeds of the sale shall be paid over by such auctioneer or agent to the Official Liquidator and the charges and expenses connected with the sale shall afterwards be paid to such auctioneer or agent upon an order of the Court for the payment thereof. Every Official Liquidator by whom such auctioneer or agent is employed shall, unless the Court otherwise orders, be accountable for the proceeds of such sale. 45 Description and remuneration of Official Liquidator 45. An Official Liquidator shall be described in all proceedings by the style of the Official Liquidator of the particular company in respect of which he is appointed. 46 .. 46. An Official Liquidator shall be allowed in his accounts or otherwise paid, such salary or remuneration as the Court may from time to time direct and in fixing such salary or remuneration the Court shall have regard to any necessary employment of accountants, assistants or clerks by him. Such salary or remuneration may be fixed either at the time of his appointment or at any time thereafter. Every allowance of such salary or remuneration, unless made at the time of his appointment or upon passing an account, may be made upon application for that purpose by the Official Liquidator on notice to such persons (if any) and shall be supported by such evidence as the Court shall require. The Court may from time to time allow such sum (if any) as the Court shall think fit to the Official Liquidator on account of the salary or remuneration to be thereafter allowed. The Court may direct that an inquiry be held by the Examiner or the Master as to the salary or remuneration of the Official Liquidator and that the Examiner or the Master (as the case may be) do report thereon to the Court. The Master shall have the same powers as the Examiner in conducting any such enquiry. 47 .. 47. Where an Official Liquidator receives remuneration for his services as such, no payment shall be allowed in his accounts in respect of the performance by any other person of the ordinary duties which should have been performed by the Official Liquidator. 48 .. 48. he accounts of an Official Liquidator shall be left at the Examiner's Office or with the Master's Registrar (as the case may be) at the times directed by the order appointing him, and at such other times as may from time to time be required by the Court, and such accounts shall from time to time be passed and verified in such manner, and upon notice to such parties (if any) as the Court may direct. Proceedings by or against directors, promoters and officers when the company is being wound up by the Court. 49 .. 49. An application made to the Court under— ) section 184; ) subsections (1) or (2) of section 297; ) section 298 or ) subsection (2) of section 391, General meetings of creditors and contributories in a winding up by the Court and of creditors in a creditors' voluntary winding up. 50 Committee of inspection 50. When the Court directs a meeting of the creditors or separate meetings of the creditors and contributories of the company to be summoned under section 232, the Official Liquidator shall give notice in writing in the Forms Nos. 14 or 15 seven clear days before the day appointed for such meeting to every creditor or, as the case may be, to every creditor and every contributory, of the time and place appointed for such meeting or meetings and that the purpose of such meeting or meetings is to determine whether an application is to be made to the Court for the appointment of a committee of inspection to act with the Official Liquidator and who are to be the members of the committee if appointed. If the Court shall so direct such notice may be given by advertisement. The Official Liquidator or, if he is unable to act, someone nominated by him, shall act as chairman of such meeting and such chairman shall make a report of the result of the meeting to the Court. Upon the result of the meetings of creditors and contributories being reported to the Court, if there is a difference between the determinations at the meetings of the creditors and contributories, the Court shall, on the application of the Official Liquidator, fix a time and place for considering the resolutions and determinations (if any) of the meetings, deciding differences and making such order as shall be necessary. In any other case the Court may upon the application of the Official Liquidator forthwith make any appointment necessary for giving effect to any such resolutions or determinations. 51 .. 51. When a time and place have been fixed for the consideration of the resolutions and determinations of the meetings, such time and place shall be advertised by the Official Liquidator in such manner as the Court shall direct but so that the first or only advertisement shall be published not less than seven days before the time so fixed. 52 .. 52. Upon the consideration of the resolutions and determinations of the meetings, the Court shall hear the Official Liquidator and any creditor or contributory. 53 .. 53. Every appointment of a committee of inspection shall be advertised by the Official Liquidator in such manner as the Court directs immediately after the appointment has been made unless the Court shall otherwise order. 54 Liquidator's meetings of creditors and contributories 54. (1) In addition to the meetings of creditors or contributories held pursuant to section 232 or section 309 (each of which is hereinafter referred to as a "Court meeting of creditors" or a "Court meeting of contributories" as the case may be), the Official Liquidator in any winding up by the Court may himself, from time to time, subject to the provisions of the Act and the control of the Court, summon, hold and conduct meetings of the creditors or contributories (each of which is hereinafter referred to as a "Liquidator's meetings of creditors" or a "Liquidator's meetings of contributories" as the case may be) for the purpose of ascertaining their wishes in all matters relating to the winding up. (2) In any creditors' voluntary winding up the Liquidator may himself from time to time summon, hold and conduct meetings of creditors for the purpose of ascertaining their wishes in all matters relating to the winding up (each of such meetings and any meeting of creditors which a Liquidator or a company is by the Act required to convene in or immediately before such a voluntary winding up and any meeting convened by a creditor in a voluntary winding up under this Order is hereinafter called a "voluntary liquidation meeting"). 55 .. 55. (1) When the Court directs a meeting of the creditors or contributories of the company to be summoned under section 309, the Official Liquidator shall give notice in writing in the Forms Nos. 16 or 17 seven clear days before the day appointed for such meeting, to every creditor or contributory, of the time and place appointed for such meeting and of the matter upon which the Court desires to ascertain the wishes of the creditors or contributories. If the Court so directs, such notice may be given by advertisement in which case the object of the meeting need not be stated. (2) Where the Court appoints a chairman of such meeting, a memorandum of his appointment in the Form No. 18 shall be sufficient authority for the person so appointed to preside at such meeting and such chairman shall make a report of the result of the meeting in the Form No. 19. 56 Application of rules as to meetings 56. Except where and so far as the nature of the subject matter or the context may otherwise require, rules 58-83 (inclusive) shall apply to a Court meeting of creditors and to a Court meeting of contributories, to a Liquidator's meeting of creditors and to a Liquidator's meeting of contributories, and to a voluntary liquidation meeting, but so nevertheless that the said rules shall take effect as to a meeting held under section 232 subject and without prejudice to any express provision of the Act, and as to a Court meeting of creditors or Court meeting of contributories subject and without prejudice to any express directions of the Court. 57 Summoning of meetings 57. (1) The Liquidator shall summon all meetings of creditors and contributories by sending by post not less than seven days before the day appointed for the meeting to every person appearing by the company's books to be a creditor of the company notice of the meeting of creditors and to every person appearing by the company's books or otherwise to be a contributory of the company notice of the meeting of contributories. (2) The notice to each creditor shall be sent to the address given in his proof, or if he has not proved, to the address given in the statement of affairs of the company, if any, or to such other address as may be known to the person summoning the meeting. The notice to each contributory shall be sent to the address mentioned in the company's books as the address of such contributory or to such other address as may be known to the Liquidator. (3) In the case of meetings under section 270 any creditor may summon the meeting. (4) This rule shall not apply to meetings under section 266 or section 273. 58 Proof of notice 58. An affidavit by the Liquidator or creditor, or the solicitor or clerk of either of such persons, or as the case may be, by some officer or clerk of the company or its solicitor that the notice of any meeting has been duly posted, shall be sufficient evidence of such notice having been duly sent to the person to whom the same was addressed. 59 Place of meetings 59. In the case of a company having its registered office in the County Borough of Dublin or in the County Borough of Cork every meeting shall be held at such place in the County Borough of Dublin or in the County Borough of Cork, as the case may be, as is in the opinion of the person convening the same most convenient for the majority of the creditors or contributories or both. In any other case every meeting shall be held at such place as is in the opinion of the person convening the same most convenient for the majority of the creditors or contributories or both. Different times or places may be named for the meetings of creditors and for the meetings of contributories. 60 Costs of calling meetings 60. 61 Chairman of meeting 61. Where a meeting is summoned by the Liquidator, he or, if he is unable to act, someone nominated by him, shall be chairman of the meeting. At every other meeting of creditors or contributories the chairman shall be such person as the meeting by resolution shall appoint. This rule shall not apply to meetings under section 266. 62 Ordinary resolution of creditors and contributories 62. At a meeting of creditors a resolution shall be deemed to be passed when a majority in number and value of the creditors present personally or by proxy and voting on the resolution have voted in favour of the resolution, and at a meeting of the contributories a resolution shall be deemed to be passed when a majority in number and value of the contributories present personally or by proxy and voting on the resolution have voted in favour of the resolution, the value of the contributories being determined according to the number of votes conferred on each contributory by the regulations of the company. 63 Copy of resolution to be filed 63. The Liquidator shall file with the registrar of companies a copy certified by him of every resolution of a meeting of creditors or contributories. 64 Non-receipt of notice 64. Where a meeting of creditors or contributories is summoned by notice the proceedings and resolutions of the meeting shall unless the Court otherwise orders be valid notwithstanding that some creditors or contributories may not have received the notice sent to them. 65 65. The chairman may with the consent of the meeting adjourn it from time to time and from place to place but the adjourned meeting shall be held at the same place as the original meeting unless in the resolution for adjournment another place is specified or unless the Court otherwise orders. 66 66. (1) A meeting may not act for any purpose, except the election of a chairman and the adjournment of the meeting, unless there are present or represented thereat in the case of a creditors' meeting at least three creditors entitled to vote or all the creditors entitled to vote if the number entitled to vote shall not exceed three, or in the case of a meeting of contributories at least two contributories. (2) If within fifteen minutes from the time appointed for the meeting a quorum of creditors of contributories, as the case may be, is not present or represented the meeting shall be adjourned to the same day in the following week at the same time and place or to such other day or time or place as the chairman may appoint, but so that the day appointed shall be not less than seven nor more than twenty-one days from the day from which the meeting was adjourned. 67 Creditors entitled to vote 67. In the case of a meeting of creditors held pursuant to section 232 or of an adjournment thereof a person shall not be entitled to vote as a creditor unless he has duly lodged with the Liquidator not later than the time mentioned for that purpose in the notice convening the meeting or adjourned meeting, a proof of the debt which he claims to be due to him from the company. In the case of any other Court meeting of creditors or a Liquidator's meeting of creditors, a person shall not be entitled to vote as a creditor unless he has lodged with the Liquidator a proof of the debt which he claims to be due to him from the company and such proof has been admitted wholly or in part before the date on which the meeting is held; provided that the next four following rules shall not apply to a meeting of creditors held pursuant to section 232. This rule shall not apply to any creditors or class of creditors who by virtue of the Act or this Order are not required to prove their debts or to any voluntary liquidation meeting. 68 Cases in which creditors may not vote 68. A creditor shall not vote in respect of any unliquidated or contingent debt or any debt the value of which is not ascertained, nor shall a creditor vote in respect of any debt on or secured by a current bill of exchange or promissory note held by him unless he is willing to treat the liability to him thereon of every person who is liable thereon antecedently to the company and against whom an adjudication order in bankruptcy has not been made, as a security in his hands and to estimate the value thereof, and for purposes of voting but not for the purposes of dividend, to deduct it from his proof. 69 Votes of secured creditors 69. For the purpose of voting, a secured creditor shall, unless he surrenders his security, state in his proof or in a voluntary liquidation in such a statement as is hereinafter mentioned the particulars of his security, the date when it was given and the value at which he assesses it and shall be entitled to vote only in respect of the balance (if any) due to him after deducting the value of his security. If he votes in respect of his whole debt he shall be deemed to surrender his security unless the Court on application is satisfied that the omission to value the security has arisen from inadvertence. 70 Creditors required to give up security 70. The Liquidator may, within twenty-eight days after a proof or in a voluntary liquidation a statement estimating the value of a security as aforesaid has been used in voting at a meeting, require the creditor to give up the security for the benefit of the creditors generally on payment of the value so estimated; provided that where a creditor has valued his security he may, at any time before being required to give it up, correct the valuation by a new proof and deduct the new value from his debt. 71 Admission and rejection of proofs for purpose of voting 71. The chairman shall have power to admit or reject a proof for the purpose of voting, but his decision shall be subject to appeal to the Court. If he is in doubt whether a proof should be admitted or rejected he shall mark it as objected to and allow the creditor to vote subject to the vote being declared invalid in the event of the objection being sustained. 72 Statement of security 72. For the purpose of voting at any voluntary liquidation meetings, a secured creditor shall, unless he surrender his security, lodge with the Liquidator before the meeting a statement giving the particulars of his security, the date when it was given and the value at which he assesses it. This rule shall not apply to a meeting of creditors held pursuant to section 266. 73 Minutes of meetings 73. (1) The chairman shall cause minutes of the proceedings at the meeting to be drawn up and entered in a book kept for that purpose and the minutes shall be signed by him or by the chairman of the next ensuing meeting. (2) The chairman shall cause a list of creditors (or contributories) present at every meeting to be made and kept as in the Form No. 20, and such list shall be signed by him. 74 74. A creditor or a contributory may vote either in person or by proxy. Where a person is authorised in manner provided by section 139 to represent a corporation at any meeting of creditors or contributories, such person shall produce to the Liquidator or other the chairman of the meeting a copy of the resolution so authorising him. Such copy shall either be under the seal of the corporation or be certified to be a true copy by the secretary or a director of the corporation. 75 .. 75. Every instrument of proxy shall be in either the Form No. 21 or the Form No. 22. 76 .. 76. 77 .. 77. A creditor or a contributory may appoint any person a general proxy. 78 .. 78. A creditor or a contributory may appoint any person a special proxy to vote at any specified meeting or adjournment thereof: ) for or against the appointment or continuance in office of any specified person as Liquidator or member of the committee of inspection, and; ) on all questions relating to any matter other than those above referred to and arising at the meeting or an adjournment thereof. 79 .. 79. Where it appears to the satisfaction of the Court that any solicitation has been used by or on behalf of a Liquidator in obtaining proxies or in procuring his appointment as Liquidator except by the direction of a meeting of creditors or contributories, the Court may order that no remuneration be allowed to the person by whom or on whose behalf the solicitation was exercised notwithstanding any resolution of the committee of inspection or of the creditors or contributories to the contrary. 80 .. 80. A creditor or a contributory in a winding up may appoint the Liquidator or if there is no Liquidator the chairman of a meeting to act as his general or special proxy. 81 .. 81. No person appointed as either a general or a special proxy shall vote in favour of any resolution which would directly or indirectly place himself, his partner or employer in a position to receive any remuneration out of the assets of the company otherwise than as a creditor rateably with the other creditors of the company; provided that where any person holds special proxies to vote for an application to the Court in favour of the appointment of himself as Liquidator he may use the said proxies and vote accordingly. 82 .. 82. (1) Every instrument of proxy shall be lodged with the Official Liquidator in a winding up by the Court, with the company at its registered office for a meeting under section 266, and with the Liquidator or if there is no Liquidator with the person named in the notice convening the meeting to receive the same in a voluntary winding up, not later than four o'clock in the afternoon of the day before the meeting or adjourned meeting at which it is to be used. (2) No person who is an infant shall be appointed a general or special proxy. (3) Where a company is a creditor, any person who is duly authorised under the seal of such company to act generally on behalf of such company at meetings of creditors and contributories may fill in and sign the instrument of proxy on such company's behalf and appoint himself to be such company's proxy, and the instrument of proxy so filled in and signed by such person shall be received and dealt with as a proxy of such company. 83 .. 83. he instrument of proxy of a creditor, blind or incapable of writing, may be accepted if such creditor has attached his signature or mark thereto in the presence of a witness, who shall add to his signature his description and residence; provided that all insertions in the instrument of proxy are in the handwriting of the witness, and that such witness shall have certified at the foot of the instrument of proxy that all such insertions have been made by him at the request and in the presence of such creditor before he attached his signature or mark. 84 .. 84. (1) Any application in a winding up by the Court for leave to disclaim any part of the property of a company pursuant to section 290 (1) shall be made ex parte , and in any other case by special summons. Such application shall be based on an affidavit showing who are the parties interested in the property and what their interests are. On the hearing of such application the Court shall give directions and in particular directions as to the notices to be given to the parties interested or any of them and as to advertisements to be published and may adjourn the application to enable any such party to attend. (3) Where any person claims to be interested in any part of the property of a company which the Liquidator wishes to disclaim, he shall at the request of the Liquidator furnish a statement of the interest so claimed by him. 85 .. 85. (1) Any application under section 290 (7) for an order for the vesting of any disclaimed property in, or the delivery of any such property to, any persons shall be grounded on the affidavit filed on the application for leave to disclaim such property. (2) Where such an application as aforesaid relates to disclaimed property of a leashold nature and it appears that there is any mortgagee by demise, chargeant or under-lessee of such property, the Court may direct that notice shall be given to such mortgagee, chargeant or under-lessee that, if he does not apply for such a vesting order within the time to be stated in the notice, he will be excluded from all interest in and security upon the property; and the Court may for the purposes aforesaid adjourn the original application. If at the expiration of the time so stated in the notice such mortgagee, chargeant or under-lessee fails himself to apply for a vesting order, the Court may make an order vesting the property in the original applicant and excluding such mortgagee, chargeant or under-lessee from all interest in or security upon the property. List of contributories in a winding up by the Court. 86 .. 86. 87 .. 87. 88 .. 88. he result of the settlement of the list of contributories shall be stated in a certificate by the Examiner. Certificates may be made from time to time for the purpose of stating the result of such settlement down to any particular time, or as to any particular person, or stating any variation of the list. 89 .. 89. he Official Liquidator may from time to time vary or add to the list of contributories, but any such variation or addition shall be settled in manner aforesaid. Collection and distribution of company's assets by Official Liquidator. 90 .. 90. he duties imposed on the Court by section 235 (1) in a winding up by the Court with regard to the collection of the assets of the Company and the application of the assets in discharge of the company's liabilities shall be discharged by the Official Liquidator. For the purpose of the discharge by the Official Liquidator of the duties imposed by section 235 (1), the Official Liquidator shall for the purpose of acquiring or retaining possession of the property of the company be in the same position as if he were a receiver of the property appointed by the Court, and the Court may, on his application, enforce such acquisition or retention accordingly. 91 Power of Liquidator to require delivery of property 91. Any contributory for the time being on the list of contributories, any trustee, receiver, banker or agent or officer of a company which is being wound up under an order of the Court shall, on notice from the Official Liquidator and within such time as he shall by notice in writing require, pay, deliver, convey, surrender or transfer to or into the hands of the Official Liquidator any money, property, books or papers which happen to be in his hands for the time being and to which the company is prima facie 92 Calls by Liquidator 92. Every application to the Court to make any call on the contributories or any of them for any purpose authorised by the Act shall be made by motion on notice in the Form No. 28 stating the proposed amount of such call. Such motion which shall be grounded on an affidavit of the Official Liquidator in the Form No. 29 shall be served six clear days at the least before the hearing of the application on every contributory proposed to be included in such call, or if the Court shall so direct, notice of such intended call may be given by advertisement in the Form No. 30. 93 .. 93. When an order for a call has been made, a copy thereof shall be forthwith served upon each of the contributories included in such call together with a notice in the Form No. 31 from the Official Liquidator specifying the amount or balance due from such contributory (having regard to the provisions of the Act) in respect of such call but such order need not be advertised unless for any special reason the Court shall so direct. 94 .. 94. At the time of making an order for a call the further proceedings relating thereto shall be adjourned to a time subsequent to the day appointed for the payment thereof, and afterwards from time to time, so long as may be necessary. At the time appointed by any such adjournment or upon a motion to enforce payment of a call duly served and upon proof of the service of the order and notice of the amount due and non-payment, an order may be made that such of the contributories who have made default or that such of them against whom it shall be thought proper to make such an order, do pay the sum which by such former order and notice they were respectively required to pay, or any less sum which may appear to be due from them respectively. Ascertainment of company's liabilities. 95 .. 95. For the purpose of ascertaining the debts and claims due from the company and of requiring the creditors to come in and prove their debts or claims, an advertisement in the Form No. 35 shall be published at such time as the Court shall direct, and such advertisement shall fix a time for the creditors to send their names and addresses and the particulars of their debts and claims, and the names and registered places of business of their solicitors (if any) to the Official Liquidator and appoint a day for adjudicating thereon. 96 .. 96. The creditors need not attend upon the adjudication nor prove their debts or claims unless they are required to do so by notice from the Official Liquidator but upon such notice being given they shall come in and prove their debts or claims within a time to be therein specified. 97 .. 97. The Official Liquidator shall investigate the debts and claims sent in to him, and ascertain in so far as he is able which of such debts or claims are legally due from the company, and he shall make out and leave at the Examiner's Office a list of all the debts and claims sent in to him, distinguishing which of the debts and claims, or parts of the debts and claims so claimed are in his opinion legally due and proper to be allowed without further evidence, and which of them in his opinion ought to be proved by the creditor, and he shall make and file prior to the time appointed for adjudication, an affidavit in the Form No. 36 setting out which of the debts and claims in his opinion are legally due and proper to be allowed without further evidence and stating his belief that such debts and claims are legally due and proper to be allowed. 98 .. 98. At the time appointed for adjudicating upon the debts and claims, or at any adjournment thereof, the Examiner may either allow the debts and claims upon the affidavit of the Official Liquidator or may require the same, or any of them, to be proved by the claimants, and adjourn the adjudication thereon to a time to be then fixed, and the Official Liquidator shall give notice in the Form No. 38 to the creditors whose debts and claims have been so allowed of such allowance. The Official Liquidator shall give notice in the Form No. 39 to the creditors whose debts or claims have not been allowed upon his affidavit, that they are required to come in and prove the same on or before a day to be therein named, being not less than seven days after such notice, and to attend at a time to be therein named being the time appointed by the advertisement or by adjournment (as the case may be) for adjudicating upon such debts or claims. If the creditor shall fail to comply with the requirements of this notice, his claim or the part thereof required to be proved shall be disallowed. 99 .. 99. The value of such debts and claims as are made admissible to proof by section 283 shall, as far as possible, be estimated according to the value thereof at the date of the order to wind up the company. 100 .. 100. Such creditors as attend and prove their debts or claims pursuant to notice from the Official Liquidator shall be allowed their costs of proof in the same manner as in the case of debts proved in a cause. 101 .. 101. The result of the adjudication upon debts and claims shall be stated in a certificate to be made by the Examiner and certificates as to any of such debts and claims may be made from time to time. All such certificates shall show the debts or claims allowed and whether allowed as against any particular assets or in any other qualified or special manner. Proof of debts. 102 Mode of proof 102. Save where the Official Liquidator or the Examiner shall require the same to be proved by affidavit, a debt may be proved in any winding up by delivering or sending through the post particulars of the claim to the Official Liquidator.

103 .. 103. An affidavit proving a debt may be in the Form No. 40 and may be made by the creditor or by some person authorised by him. If made by a person so authorised, it shall state his authority and means of knowledge. The affidavit shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers (if any) by which the same can be substantiated and shall state whether the creditor is, or is not, a secured creditor. The creditor shall produce such vouchers if required to do so. 104 .. 104. A creditor shall bear the cost of proving his debt or claim unless he has been required to attend and prove the same by the Official Liquidator. 105 105. A creditor proving his debt shall deduct therefrom ( ) any discount in excess of two and a half per cent. which he may have agreed to allow for payment in cash on the net amount of his claim, and ( ) all trade discounts. 106 Periodical payments 106. When any rent or other payment falls due at stated times and the order or resolution to wind up is made at any time other than at one of those times, the persons entitled to the rent or payment may prove for a proportionate part thereof up to the date of the winding up order or resolution as if the rent or payment accrued due from day to day. Provided that where the Official Liquidator remains in occupation of premises demised to a company which is being wound up, nothing herein contained shall prejudice or affect the right of the landlord of such premises to claim payment of rent during the period of the company's or the Official Liquidator's occupation. 107 .. 107. On any debt or sum certain, payable at a certain time or otherwise, whereon interest is not reserved or agreed for, and which is overdue at the date of the commencement of the winding up, the creditor may prove for interest at a rate not exceeding six per cent. per annum to that date from the time when the debt or sum was payable, if the debt or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time when a demand in writing has been made, giving notice that interest will be claimed from the date of the demand until the time of payment. 108 Proof for debt at a future time 108. A creditor may prove for a debt not payable at the date of the winding up order or resolution, as if it were payable presently, and may receive dividends equally with the other creditors, deducting only thereout a rebate of interest at the rate of six per cent. per annum computed from the declaration of a dividend to the time when the debt would have become payable according to the terms on which it was contracted. 109 Proof under section 285 109. Unless the Liquidator shall in any special case otherwise direct, formal proof of the debts mentioned in section 285 (2) ( ) shall not be required. 110 Workmen's wages 110. In any case in which it appears that there are numerous claims for wages by workmen and others employed by the company, it shall be sufficient if one proof for all such claims is made either by a foreman or by a trades union official or by some other person on behalf of all such creditors. Such proof, which shall be in the Form No. 41, shall have annexed thereto as forming part thereof, a schedule setting forth the names of the workmen and others and the amounts severally due to them. Any proof made in compliance with this rule shall have the same effect as if separate proofs had been made by each of the said workmen and others. 111 Production of bills of exchange and promissory notes. 111. Where a creditor seeks to prove in respect of a bill of exchange, promissory note or other negotiable instrument or security on which the company is liable, such bill of exchange, note, instrument or security shall, subject to any special order of the Court made to the contrary, be produced to the Official Liquidator and be marked by him before the proof can be admitted either for voting or for any other purpose. Dividends in a winding up by the Court. 112 Dividend to creditors 112. The Official Liquidator shall not declare a dividend without the sanction of the Court. Upon the application of the Official Liquidator for such sanction, the Court, if it grants the same, shall at the same time give such directions as may be thought expedient in regard to the amount of such dividend, and the time when the same shall be declared. 113 .. 113. Upon the declaration of an interim or final dividend by the Official Liquidator he shall send notice thereof to each creditor whose proof has been admitted. 114 .. 114. he Court may upon the application of the Official Liquidator, or without any such application, postpone the declaration of a dividend already sanctioned to a later date. 115 .. 115. An application under rules 112 or 114 may be made to the Court ex parte 116 .. 116. If a person to whom dividends are payable desires that they shall be paid to some other person, he may lodge with the Official Liquidator a document in the Form No. 42, which shall be a sufficient authority for payment of the dividend to the person therein named. Payment in of moneys and deposit of securities. 117 .. 117. If the Official Liquidator does not pay the moneys received by him into the Bank to the account of the Official Liquidator of the company in accordance with the order of the Court in that behalf, such Official Liquidator shall, unless the Court otherwise directs, be charged interest in his account at the rate of one half per cent. on the amount retained in his hands for every seven days during which the same shall have been so retained contrary to such order, and the Court may, for any such retention, disallow the salary or remuneration of the Official Liquidator or any part thereof. 118 .. 118. All bills, notes and other securities payable to the company or to the Official Liquidator shall as soon as they come to the hands of the Official Liquidator be deposited by him in the Bank for the purpose of being presented by the Bank for acceptance and payment or for payment only as the case may be. 119 .. 119. At the time of the service of any order for the payment into the Bank the Official Liquidator shall give to each of the parties served a notice in the Form No. 32 for the purpose of informing him how the payment is to be made; and, before the time fixed for such payment, the Official Liquidator shall furnish to the cashier of the Bank a certificate in the Form No. 33 to be signed by such cashier and delivered to the party paying in the money therein mentioned. 120 .. 120. For the purpose of enforcing any order for payment of money into the Bank, an affidavit of the Official Liquidator in the Form No. 34 shall be sufficient evidence of the non-payment thereof. 121 .. 121. All bills, notes and other securities delivered into the Bank shall be delivered out upon a request signed by the Official Liquidator and countersigned by the Examiner. Moneys placed to the account of the Official Liquidator shall be paid out on cheques or orders signed by the Official Liquidator and countersigned by the Examiner. 122 .. 122. All or any part of the money for the time being standing to the credit of the Official Liquidator in the Bank and not immediately required for the purpose of the winding up may be invested in the joint names of the Examiner and the Official Liquidator. All such investments shall be made by the Bank upon a request in the Form No. 43 signed by the Official Liquidator and countersigned by the Examiner which request shall be a sufficient authority for debiting the account with the purchase money. 123 .. 123. All dividends and interest to accrue due upon any such investments shall from time to time be received by the Bank, under a power of attorney to be executed by the Examiner and the Official Liquidator, and be placed to the credit of the account of such Official Liquidator. Sales of property. 124 .. 124. Examination of witnesses. 125 .. 125. Sanction of the Court. 126 .. 126. Every application by an Official Liquidator for the sanction of the Court to the taking or doing of any proceeding, act, matter, or thing which by the Act he is empowered to take or do with the sanction of the Court, shall be made to the court by motion on notice (where appropriate), or ex parte in pursuance of a motion paper setting forth shortly the nature of the application. 127 .. 127. Where the Court sanctions the drawing, accepting, making or endorsing of any bill of exchange or promissory note by an Official Liquidator, a memorandum to that effect shall be made and signed by the Examiner on such bill of exchange or promissory note. Costs and expenses payable out of the assets of the company. 128 .. 128. (1) The assets of a company in a winding up by the Court remaining after payment of the fees and expenses properly incurred in preserving, realising or getting in the assets, including where the company has previously commenced to be wound up voluntarily such remuneration, costs and expenses as the Court may allow to a Liquidator appointed in such voluntary winding up, shall, subject to any order of the Court, be liable to the following payments which shall be made in the following order of priority, namely: —The costs of the petition, including the costs of any person appearing on the petition whose costs are allowed by the Court. —The costs and expenses of any person who makes or concurs in making the company's statement of affairs. —The necessary disbursements of the Official Liquidator, other than expenses properly incurred in preserving, realising or getting in the assets hereinbefore provided for. —The costs payable to the solicitor for the Official Liquidator. —The remuneration of the Official Liquidator. —The out-of-pocket expenses necessarily incurred by the committee of inspection (if any). (2) No payments in respect of bills of costs, charges or expenses of solicitors, accountants, auctioneers, brokers or other persons, other than payments for costs, charges or expenses fixed or allowed by the Court shall be allowed out of the assets of the company unless they have been duly fixed and allowed by the Examiner or the Taxing Master as the case may be. Statements by Liquidator to the registrar of companies. 129 Conclusion of winding up 129. The winding up of a company shall for the purposes of section 306 be deemed to be concluded: ) in the case of a company wound up by order of the Court, on the date on which the order dissolving the company has been reported by the Official Liquidator to the registrar of companies; ) in the case of a company wound up voluntarily, on the date of the dissolution of the company, unless on such date any funds or assets of the company remain unclaimed or undistributed in the hands or under the control of the Liquidator or any person who has acted as Liquidator, in which case the winding up shall not be deemed to be concluded until such funds or assets have either been distributed or paid into The Companies Liquidation Account in the Bank. 130 Times for sending Liquidator's statements, and regulations applicable thereto 130. The statements in relation to the proceedings in and the position of the liquidation of a company the winding up of which is not concluded within two years after its commencement shall be sent to the registrar of companies as follows: ) the first statement, commencing at the date when the Liquidator was first appointed and brought down to the end of two years from the commencement of the winding up, shall be sent within thirty days from the expiration of such two years or within such extended period as the Court may allow, and subsequent statements shall be sent, in case of a winding up by the Court, at intervals of one year or such other intervals as the Court may direct, and in case of a voluntary winding up, at intervals of half a year, each statement being brought down to the end of the period for which it is sent. In cases in which the assets of the company have been fully realised and distributed before the expiration of any such period, a final statement shall be sent forthwith; ) the statement shall be in the Form No. 44, shall be sent in duplicate, and shall be verified by an affidavit in the Form No. 45, which shall be sent with the statement to the registrar of companies. Payment of unclaimed dividends and unapplied or undistributable balances into The Companies Liquidation Account. 131 .. 131. (1) All moneys in hand or under the control of a Liquidator representing unclaimed dividends admissible to proof and unapplied or undistributable balances, which under section 307 (1) the Liquidator is to pay into The Companies Liquidation Account, shall be ascertained on the date which is two months after the date of the meeting referred to in section 263, or in section 273 (as the case may be), and shall be paid into The Companies Liquidation Account within fourteen days from the said date. (2) When a Liquidator desires to pay moneys into The Companies Liquidation Account, he shall make and file an affidavit entitled in the matter of the company in liquidation and in the matter of section 307, and setting forth: ) the name of the company of which he is Liquidator, ) his name and address, ) the dates on which the resolution for winding up was passed and on which he was appointed Liquidator, ) the amount of the moneys to be lodged to the said account, ) the amount of the said moneys to be lodged which represents unclaimed dividends admissible to proof, ) the amount of the said moneys to be lodged which represents unapplied or undistributable balances, ) the names and last known addresses of the persons to whom the unclaimed dividends admissible to proof are payable and the amount payable to each such person, ) the names and last known addresses of the persons to whom the unapplied or undistributable balances are payable and the amount payable to each such person, ) the names and last known addresses of any persons (other than those mentioned in ( ) and ( ) hereof) who have claimed any interest in such unapplied or undistributable balances and the nature of such claim, ) his submission to answer all such inquiries relating to the moneys so to be lodged as the Court may make or direct. Such affidavit shall have annexed thereto a schedule as prescribed by Order 77, rule 100. When the Liquidator has filed such an affidavit, he shall request the Accountant to issue a direction to the Bank to receive such moneys for the credit of The Companies Liquidation Account. Every application for such request shall be in the Form No. 7 in Appendix P. (3) Moneys invested or deposited at interest by a Liquidator shall be deemed to be moneys under his control and when such moneys form part of the balance payable into The Companies Liquidation Account pursuant to sub-rule (1) the Liquidator shall realise the investment or withdraw the deposit and shall pay the proceeds into The Companies Liquidation Account. (4) Every person who has acted as Liquidator, whether the liquidation has been concluded or not, shall furnish to the Minister for Industry and Commerce on request particulars of any moneys in hand or under his control representing unclaimed dividends admissible to proof or unapplied or undistributable balances and such other particulars as the Minister may require for the purpose of ascertaining or getting in any money payable into The Companies Liquidation Account, and the Minister may require such particulars to be verified by affidavit. (5) The Minister may at any time request any such person as is mentioned in sub-rule (4) to submit to him an account verified by affidavit of the sums received and paid by him as Liquidator of the company and may direct an audit of the account. (6) If any person who has been requested to furnish particulars of any moneys in hand or under his control representing unclaimed dividends admissible to proof or unapplied or undistributable balances under sub-rule (4) or to submit an account under sub-rule (5) shall fail to furnish such particulars or to submit such account within twenty-one days after being requested to do so, the Minister may apply to the Court by special summons and the Court shall make such order as shall be necessary for the purpose of enforcing sub-rules (4) and (5) hereof. (7) An application under section 307 (3) shall be made by special summons in which the Liquidator who made the lodgment out of which payment is sought and the Minister for Industry and Commerce shall be named as defendants. If such Liquidator shall be dead or cannot be traced at the date of such special summons the Court may dispense with the necessity of naming the Liquidator as a defendant. (8) An application by a Liquidator for payment out of The Companies Liquidation Account of any costs, expenses and disbursements of the voluntary winding up, shall be made by special summons in which the Minister for Industry and Commerce shall be named as defendant. (9) An application under section 307 (4) for payment out of any moneys paid into the Exchequer shall be made by special summons in which the Minister for Finance shall be named as defendant. File of proceedings. 132 .. 132. Applications to stay or restrain proceedings. 133 .. 133. (1) An application under section 217 to stay proceedings in an action then pending against the company in the High Court or on appeal in the Supreme Court shall be made by motion in that action on notice to the plaintiff. (2) An application under section 217 to restrain further proceedings in any other action or proceeding than those mentioned in sub-rule (1) shall be made by motion in the winding up proceeding on notice to the plaintiff. 134 .. 134. An application to stay proceedings in an action or proceeding against a company in voluntary liquidation shall, if such action be pending in the High Court or on appeal in the Supreme Court, be made by motion in that action on notice to the plaintiff, and shall otherwise be made by special summons. Applications under sections 201, 245, 247 or 279. 135 .. 135. (1) An application by an Official Liquidator for an order under section 201 may be made by motion ex parte . On such application the Court may give such directions as it thinks proper in regard to the manner in which the meeting or meetings shall be summoned and in relation to the conduct thereof. (2) When an order for the winding up of a company has been made, applications under sections 245 or 247 may be made by motion ex parte (3) When a petition for the winding up of a company has been presented an application under section 247 may be made by motion ex parte (4) An appeal by a creditor or contributory under section 279 (2) shall be brought by special summons. Applications under sections 234, 236, 237, 243, 287 (3), 299, 347 or 348. 136 .. 136. In a winding up by the Court, an application under sections 234, 236, 237, 243, 287 (3), 299, 347 or 348 may be made by motion on notice. Termination of winding up by the Court. 137 .. 137. When the Official Liquidator has passed his final account, he shall apply to the Court for directions as to how the balance due thereon shall be applied; and when the application of such balance as so directed has been vouched to the Examiner, a certificate in the Form No. 46 shall be made up by the Examiner that the disposal of such balance in manner so directed has been vouched and that the affairs of the company have been completely wound up. In case the company has not already been dissolved, the Official Liquidator shall, immediately after such certificate has become binding, apply to the Court for an order that the company be dissolved from the date of such order. Applications in voluntary winding up. 138 .. 138. Every application or appeal to the Court in a voluntary winding up may be made by special summons, save as otherwise provided in this Order. Forms in voluntary winding up. 139 .. 139. he declaration of solvency referred to in section 256 shall be in the Form No. 47. 140 .. 140. he statement of assets and liabilities referred to in section 261 shall be in the Form No. 48. 141 .. 141. he Liquidator's final account referred to in sections 263 and 273 shall be in the Form No. 49. 142 .. 142. he return of the final meeting in a members' voluntary winding up shall be in the Form No. 50. 143 .. 143. he return of the final meetings in a creditors' voluntary winding up shall be in the Form No. 51. . Preliminary. 1 .. 1. In this Order unless the context or subject matter otherwise requires— "the Principal Act" means the Companies Act, 1963 "the 1982 Act" means the Companies (Amendment) Act, 1982 "the 1983 Act" means the Companies (Amendment) Act, 1983 "the company" means the company to which any application under this Order relates; "creditor" includes a company or corporation, or a firm or partnership; "the inquiry" means the inquiry made as to the debts, claims or liabilities of or affecting the company or as to any such debts, claims or liabilities ordered by the Court under this Order. Words and expressions contained in this Order shall have the same meaning as in the Act s. 2 .. 2. In this Order, a reference to a section or subsection is to that section or subsection in the Principal Act unless it is indicated that reference to some other enactment is intended. Title of proceedings. 3 .. 3. (3) Every petition shall be in the Form No. 1 in Appendix N. Applications by petition 4. The following applications shall be made by petition— ) applications to cancel an alteration of objects under section 10; ) applications to cancel an alteration in the form of the constitution of the company by substituting a memorandum and articles for a deed of settlement under section 341; ) applications to cancel an alteration in the provisions in the memorandum under section 28; ) applications to cancel a special resolution under subsection (8) of section 60; ) application to cancel a special resolution under section 15(2) of the 1983 Act; ) applications to confirm a reduction of capital under section 72; ) applications to sanction a compromise or arrangement under section 201(3); ) applications for relief under section 205; ) applications to declare a dissolution of a company to have been void under section 310; ) applications to restore a company's name to the register under section 311 (8); ) applications to restore a company's name to the register under section 12(6) of the 1982Act; ) applications for relief by officers of a company or by persons employed as auditors by the company under section 391(2); ) applications for exemption from liability under section 34(1) or section 34(6) of the 1983Act; ) applications for relief under section 42(4) of the 1983Act; ) appeals against refusal to register a name of a company under section 21. Applications by summons 5. The following applications shall be made by special summons:— ) applications to restrain a company from doing any act or thing which the company has no power to do under section 8(2); ) applications to extend the time for delivering documents to the registrar under section 10(9); ) applications for relief in case of default in complying with conditions constituting a company a private company under section 34(2); ) applications for relief in case of default in delivering documents for registration to the registrar of companies under section 58(4); ) applications to inspect the register of holders of debentures or to obtain copies thereof or of any trust deed for securing debentures under section 92(5); ) applications for and in regard to meetings of debenture holders under section 93(4); ) applications to extend the time for the registration of charges or to rectify any omission or misstatement relating to any charge or in a memorandum of satisfaction under section 106; ) applications to inspect copies of instruments creating a charge under section 110(3); ) applications to inspect the register of members or the index of names of members of a company or to obtain copies of such register under section 119(4); ) applications to rectify the register of members of a company under section 122; ) applications for and in regard to meetings of a company under section 135; ) applications to inspect the minutes of proceedings at general meetings of a company or to obtain copies thereof under section 146(4); ) applications for an order that copies of the latest balance sheet of a subsidiary of a company be sent to the member under section 150(3); ) applications by a member of a private company in relation to the balance sheets of a subsidiary of such private company under section 154(6); ) applications that a private company should not be bound to send copies of balance sheets of a subsidiary to a member of such private company under section 154(4); ) applications that an auditor's or a director's representations should not be sent out or read at a meeting under section 161(4) or section 182(4); ) applications for a declaration that the affairs of a company ought to be investigated by an inspector appointed by the Minister for Industry and Commerce, under section 166; ) applications by an inspector appointed to investigate the affairs of a company under section 168(3) or under section 168(4); ) applications for leave to be a director or to manage a company under section 183(1) or section 184(1) or (2); ) applications for the inspection or production of the book containing copies of declarations made by directors under section 194(5) (b); ) applications for meetings of creditors or members of a company under section 201(1); (y) applications for facilitating reconstructions or amalgamations of companies under section 203 where the matters to which such applications relate have not been dealt with or fully dealt with or on the hearing of a petition to sanction the compromise or arrangement to which they relate; ) applications for directions by a receiver or manager under section 316(1); ) applications by a receiver for relief under section 316(3); ) applications to fix the amount of remuneration to be paid to receivers under section 318(1); ) applications to extend the time for furnishing to the receiver the statement as to the affairs of the company under section 319; ) appeals under section 320(3); ) applications for enforcing the duty of the receiver or manager of the company to make returns or render accounts under section 322(1); ) applications to inspect books of a company or to produce the said books under section 384; ) applications under section 371. Summons for directions. 6 .. 6. (1) Where a petition has been presented pursuant to rule 4, an application shall in every case be made by motion to the Court for directions as to the proceedings to be taken. (2) Upon the hearing of the motion or any adjourned hearing or hearings thereof or any subsequent application the Court may make such order or orders and give such directions as it may think fit before further proceedings be taken and more particularly in relation to the following matters, that is to say: ) the publication of notices; ) in cases where the Court orders an inquiry as to the debts, claims or liabilities of or affecting a company or as to any such debts, claims or liabilities, the proceedings to be taken for settling the list of creditors entitled to object, including the dispensing with the observance of section 73(2) as regards any class or classes of creditors, fixing the date with reference to which the list of such creditors is to be made out, and generally fixing a time for and giving directions as to all other necessary or proper steps in the matter whether expressly mentioned in any of the rules of this Order or not. Proceedings when inquiry directed. 7 .. 7. (1) The company shall, within seven days after an inquiry has been directed pursuant to rule 6(2) (b) or within such further or other time as the Court may allow, file in the Central Office an affidavit made by some officer of the company verifying a list containing so far as possible the names and addresses of the creditors of the company to whom such inquiry extends. The said list shall also contain the amounts due to the creditors therein named respectively in respect of debts, claims or liabilities to which the inquiry extends, or in the case of any such debt payable on a contingency or not ascertained of any such claim admissible to proof in a winding-up of the company, the value, so far as can be justly estimated, of such debt or claim. Every such list and an attested copy of such affidavit shall be left at the Examiner's Office not later than three days after the filing of the affidavit. (2) The person making any such affidavit shall state therein his belief that the list verified by such affidavit is correct, and there was not at the date so fixed as aforesaid, any debt, claim or liability which, if that date were the commencement of the winding up of the company, would be admissible in proof against the company, except the debts, or claims and liabilities set forth in such list and shall state his means of knowledge of the matters deposed to in such affidavit. Such affidavit and list shall be in the Forms Nos. 2 and 3 respectively in Appendix N. (4) The company shall within seven days after the filing of such affidavit or such further other time as the Examiner may allow, send to each creditor whose name is entered in the said list, a notice stating the amount of the proposed reduction of capital or, as the case may be, the effect of the order directing the inquiry and the amount or estimated value of the debt or the contingent debt or claim or both for which such creditor is entered in the said list, and the time (to be fixed by the Examiner) within which if he claims to be entitled to be entered on such a list as a creditor for a larger amount, he shall send in his name and address and the particulars of his debt or claim, and the name and address of his solicitor (if any) to the solicitor of the company; and such notice shall be sent by post addressed to each such creditor at his last known address or place of abode and may be in the Form No. 4 in Appendix N. 8 .. 8. Notice of the presentation of the petition, of the effect of the Order directing the inquiry and of the filing of the list of creditors shall, after the filing of the affidavit mentioned in rule 7 be published at such times and in such newspapers as the Court shall direct. Every such notice shall state the amount of the proposed reduction of capital of the nature of the Order sought by the petitioner and the places where the aforesaid list of creditors may be inspected, and the times within which creditors of the company who are not, but are entitled to be entered on the said list, and who wish to be entered therein, or creditors who wish to be entered therein for a larger or different amount, shall send in their names and addresses, and the particulars of their debts or claims, and the names and addresses of their solicitors (if any) to the solicitor of the company. Such notice may be in Form No. 5 in Appendix N. 9 .. 9. The company shall, within such time as the Examiner shall direct, file in the Central Office an affidavit made by the person to whom the particulars of debts or claims are by such notices as are mentioned in rules 7 (4) and 8 required to be sent, stating the result of such notices respectively and verifying lists, in the Forms Nos. 7 and 8 respectively in Appendix N, containing in alphabetical order the names and addresses of the persons (if any) who shall have sent in the particulars of their debts or claims in pursuance of such notices respectively, and the amounts of such debts or claims. Some officer of the company shall join in such affidavit, and shall in such list distinguish which (if any) of such debts and claims are wholly, or as to any and what part thereof, admitted by the company, and which (if any) of such debts and claims are wholly, or as to any and what part thereof, disputed by the company. Such affidavit shall also state which of the persons who are entered in the list as creditors and which of the persons who have sent in particulars of their debts or claims in pursuance of such notices as aforesaid have been paid or have consented to the proposed reduction. Such affidavit may be in the Form No. 6 in Appendix N and such list and an attested copy of such affidavit shall be left at the Examiner's Office within such time as the Examiner shall direct. 10 .. 10. (1) If any debt or claim, particulars of which are so sent in shall not be admitted by the company at its full amount, then and in every such case, unless the company are willing to set apart and appropriate in such manner as the Court shall direct, the full amount of such debt or claim, the company shall send to the creditor a notice that he is required to come in and prove such debt or claim, or such part thereof that is not admitted by the company, by a date to be therein named, being not less than 4 clear days after such notice, and being the time appointed by the Examiner for adjudicating on such debts and claims. Such notice may be in the Form No. 9 in Appendix N. (2) Such creditors as come in to prove their debts or claims pursuant to any such notice shall be allowed their costs of proof against the company, and be answerable for costs, in the same manner as in the case of persons coming in to prove debts under a judgment in a cause. 11 .. 11. he result of the settlement of the list of creditors shall be stated in a certificate by the Examiner and such certificate shall distinguish the debts or claims, the full amount of which the company are willing to set apart and appropriate, and the debts or claims (if any), the amount of which has been fixed by inquiry and adjudication in manner provided by section 73 and the debts or claims (if any) the full amount of which is not admitted by the company, nor such as the company are willing to set apart and appropriate and the amount of which has not been fixed by inquiry and adjudication as aforesaid; and shall show which of the creditors have consented to the relief sought in the petition and the total amount of the debts due to them, and the total amount of the debts or claims the payment of which has been provided for under section 73 and the persons to or by whom same are due or claimed; but it shall not be necessary to show in such certificate the several amounts of the debts or claims of any persons who have consented to the relief sought in the petition or the payment of whose debts or claims has been secured as aforesaid. 12 .. 12. he petition shall not be heard until the expiration of at least 8 clear days from the filing of the certificate mentioned in rule 11. 13 Hearing of petition 13. Notice of the day on which the petition is to be heard shall be published at such times and in such newspaper or newspapers as the Court shall direct, and such notice shall be in the Form No. 10 in Appendix N with such variations as the circumstances of the case may require. 14 .. 14. Any creditor may, upon giving 2 clear days notice in writing to the solicitor of the company of his intention so to do, appear at the hearing of the petition. 15 .. 15. Where a creditor, the full amount of whose debt or claim is not admitted by the company, appears at the hearing and the validity of such debt or claim has not been inquired into and adjudicated upon, the costs of and occasioned by his appearance shall be dealt with as to the Court shall seem just. In all other cases the creditor appearing shall be entitled to the costs of such appearance unless the Court shall be of opinion that in the circumstances of the particular case his costs ought not to be allowed. 16 .. 16. When the petition comes on to be heard the Court may give such directions as may seem proper with reference to the securing in manner provided by the Act the payment of the debts or claims of any creditors who do not consent to the relief sought in the petition, and the further hearing of the petition may be adjourned for the purpose of allowing any steps to be taken with reference to the securing in manner aforesaid the payment of such debts or claims Order confirming a reduction of capital. 17 .. 17. Where the Court makes an order confirming a reduction of capital, such order shall give directions in what manner and in what newspapers, and at what times, notice of the registration of the order and of such minute as is mentioned in section 75 is to be published, and shall fix the date until which the words "and reduced" or "agus laghdaithe" are to be deemed part of the name of the company as mentioned in section 74, and shall also specify the matters required by section 17(4) of the 1983 Act, if applicable. Appeal against refusal to register a name. 18 .. 18. (1) An appeal under section 21 against the refusal to register a name of company shall be brought within 21 days after the applicant for such registration has received notice of such refusal but the Court may extend the time within which such appeal may be brought upon such terms (if any) as the Court may direct. (2) A copy of the petition shall be served on the Registrar of Companies within 4 days after it has been filed in the Central Office. 19 .. 19. A copy of any petition presented under rule 4(g) shall be served on every secured creditor of the company within 4 days after it has been filed in the Central Office. Service of petitions. 20 .. 20. A copy of any petition presented under rule 4 ( ), ( ), ( ), ( ), (1), ( ) and ( ) shall be served on the company within 3 days after it has been filed in the Central Office. ORDER 76. BANKRUPTCY. 1. In this Order the several words hereinafter mentioned shall have or include the meanings following:— "the Act of 1857" means the Irish Bankrupt and Insolvent Act, 1857; " the Act of 1872" means the Bankruptcy (Ireland) Amendment Act, 1872; and "the Act of 1897" means the Supreme Court of Judicature (Ireland) (No. 2) Act, 1897. "the Judge" means the Judge to whom causes and matters in bankruptcy are for the time being assigned as aforesaid or any other Judge for the time being acting in any such matters as aforesaid. "creditor" includes a company or corporation or a firm or partnership. "debt proved" includes any debt which shall have been duly admitted without proof. "gazetted" means published in Iris Oifigiúil. "messenger" includes assistant messenger. "Office" means the Examiner's Office. "prescribed form" means the appropriate form in Appendix O, and such other forms as may from time to time be prescribed by Rules of Court or be sanctioned by the Judge in cases where no form has been so prescribed. Delegation of powers. 2. The Judge may delegate to the Examiner having and exercising the powers and authorities mentioned in paragraph 11 (2) of the Eighth Schedule to the Courts (Supplemental Provisions) Act, 1961 , or to such other officer as may have been designated by the President of the High Court to execute and perform the said powers and authorities of such Examiner, such of the powers vested in the Judge as he may deem expedient to delegate with reference to any of the matters following:— ) extending the time for taking any proceeding or doing any act necessary to be done under the Act of 1857, the Act of 1872 or this Order; ) granting protection on the petition of an arranging debtor and making orders that the estate of an arranging debtor may be possessed and received by the Official Assignee; ) adjudications in bankruptcy— (i) on the bankrupt's own petition, or (ii) when the act of bankruptcy is an act or default under subsections 4, 5, 6 or 7 of section 21 of the Act of 1872; ) re-direction of letters to bankrupt by the Post Office; ) sanctioning payments by the Official Assignee of sums not exceeding £1,000 when the formal sanction of the Judge is required; ) auditing arrangement and composition accounts in bankruptcy and making orders for payment of composition to creditors; ) sanctioning the sale of chattels movable by the Official Assignee by a mode of sale other than public auction; ) approving and confirming sales of chattels by tender where the purchase money does not exceed £2,000, and the confirmation of the proposal is recommended in writing by the Official Assignee; ) making orders for the sale of any lands or tenements or the sale or surrender of any policy of assurance of the bankrupt where the Official Assignee has received a proposal for the purchase of such lands, tenements or policy, or for the surrender of any policy of assurance the property of the bankrupt for a sum not exceeding £2,000 and the Official Assignee recommends in writing the acceptance of such proposals; ) making orders, on the application of the Official Assignee, before the appointment of a creditors' assignee, for the sale or disposal of any property of the bankrupt which from its nature or any other reason ought to be disposed of without delay; ) granting the issue of a debtor's summons or other summons; ) making orders for payment of dividends out of the Unclaimed Dividend Account when the amount claimed does not exceed £50; ) proof of debts including claims under section 46 or section 47 of the Act of 1872, and under section 255, section 257 or section 258 of the Act of 1857; ) such non-judicial business as the Judge may from time to time direct. Such officer when exercising the powers conferred on or delegated to him may instead of deciding any question submitted to him adjourn the same for the consideration of the Court. 3. Any order made by such officer under the powers conferred on or delegated to him shall have the same force and validity as an order made by the Court, but may be reviewed, varied or rescinded by the Court provided that any notice of appeal against such order shall be given within three weeks after the pronouncing of such order in case the appellant was present or represented when it was pronounced or within three weeks after he has had notice of the making of such order in case he was not present or represented when the same was pronounced, and provided also that the Court may if it think fit extend the time for such appeal. Proceedings generally. 4. Proceedings in matters of bankruptcy or arrangement shall be entitled:— "THE HIGH COURT BANKRUPTCY." 5. The prescribed forms shall be used in all such proceedings. 7. All such proceedings shall remain on record in the Office so as to form a complete record of each matter and they shall not be removed for any purpose without a special direction of the Judge or the Examiner. 8. Every certificate of conformity or other document or proceeding to be signed by the Judge shall be first examined and signed by the Examiner. 9. All summonses, orders, warrants and other process issued by the Court shall be sealed and signed by the Examiner or such other officer as the Judge shall from time to time direct, and shall be issued out of the Office. 10. In lieu of attaching a copy of Iris Oifigiúil to the proceedings in each bankruptcy, or other matter, one copy of every Iris Oifigiúil shall be filed and preserved in the Office. 11. All notices and other proceedings for the delivery of which no special mode is prescribed may be sent by prepaid letter post to the last known address of the person to be served therewith. Debtor's summons. 12. (1) A debtor's summons shall be in the prescribed form. (3) Where the debt or any part thereof is in respect of money lent by a moneylender or interest or charges in connection therewith, the affidavit shall contain a statement of the date on which a copy of the note or memorandum in writing of the contract made pursuant to section 11 of the Moneylenders' Act, 1933, was delivered or sent to the borrower and a statement showing in detail the particulars mentioned in section 16 (2) of the said Act, and a copy of the said note or memorandum shall be filed with and verified by the said affidavit. 13. (1) A debtor's summons may be sued out by any partnership upon the affidavit of one of the partners. (2) A debtor's summons may be sued out by any company or other body corporate upon the affidavit of the secretary, director or other person duly authorised in that behalf. 14. Detailed particulars of the demand shall be indorsed upon or annexed to the debtor's summons and no objection shall be allowed to such particulars unless the Court shall consider that the debtor has been misled by them; and a sealed copy of every debtor's summons and particulars shall be filed at the time of issue, and the copy of the summons for service (and of such particulars if annexed) shall be also sealed. 15. Every debtor's summons shall be indorsed with the name and registered place of business of the solicitor suing out the same, but in case no solicitor shall be employed for the purpose, then with a memorandum expressing, that the same has been sued out by the creditor in person, together with his residence and some address in Dublin whereat a notice to dismiss the summons or any other notice or proceeding in the matter may be served. There shall be indorsed on the debtor's summons in addition to an intimation of the consequences of neglect to comply with the requisition of the summons a notice to the debtor that if he disputes the debt and desires to obtain the dismissal of the summons he must file an affidavit in the prescribed form within seven days after service of the summons in the case of a trader and three weeks after service in the case of a non-trader, stating that he is not so indebted or only so indebted or only so to a less amount than £20, or that before the service of the debtor's summons he had obtained the protection of the Court or of the local court of bankruptcy. 16. When a debtor files the above-mentioned affidavit the time shall be fixed by the proper officer at which the application for the dismissal of the summons will be heard by the Court, and notice thereof in the prescribed form shall be given by the debtor three days before the date so fixed, by service on the solicitor for the summoning creditor at his registered place of business, or in case a solicitor shall not have been employed, by service on the summoning creditor at the address in Dublin of such creditor, and in default of the debtor giving such notice or in default of his appearance before the Court at the time fixed, his application for the dismissal of the summons shall be dismissed. 17. Where proceedings on a debtor's summons have been stayed for the trial of the question of the validity of the debt claimed therein and such question has been decided by a Court against the validity of the debt, the debtor on production of the judgment or an attested copy thereof, shall be entitled to have the debtor's summons dismissed and, if the Court thinks fit, with costs, but the order for costs shall not be enforced for seven days or, where the creditor has lodged a notice showing that he has taken the necessary steps to set aside the judgment until after the final decision thereon. 18. Where proceedings on a debtor's summons are stayed upon security being given the creditor shall take or continue proceedings for the payment of the debt within twenty-one days of the date on which the security was completed, and shall prosecute the same without delay, and if he fail to do so, the debtor shall be entitled to have the summons dismissed with costs. Service of debtor's summons. 19. A debtor's summons shall be personally served within twenty-one days from the date of the summons by delivering to the debtor a sealed copy of the summons with indorsed or annexed particulars of demand.

If personal service cannot be effected the Court may grant extension of the time for service, or if the Court is satisfied by affidavit that the debtor is evading service or that from any other cause prompt personal service cannot be effected, it may order service to be made by delivery of the summons with indorsed or annexed particulars to the debtor's wife or some adult member of the debtor's family or adult employee at the debtor's usual or last known place of residence or business, or make such order for substituted or other service, or for the substitution for service of notice by letter, public advertisement or otherwise, as may be just. 20. Where a person is required to give security, such security, unless otherwise specially directed by the Court, shall be in the form of a bond with one or more sureties. 21. The bond shall be taken in such sum as the Court shall fix having regard to the amount in issue and the probable cost of the proceeding. 22. Where a person is required to give security he may in lieu of entering into a bond lodge in the Bank to the credit of the matter, with the privity of the Examiner, such sum as the Court shall fix. Notice of such lodgment having been made shall be forthwith given to the person entitled to the security. Money so lodged shall be subject to the order of the Court and shall be drawn out by the draft of the Examiner, but every such draft shall be signed also by the Judge. 23. The security of a guarantee association or society approved of by the Court may be given in lieu of a bond or a lodgment in the Bank. 24. In all cases where a person proposes to give a bond by way of security he shall serve two clear days previously on the solicitor for the person to be secured, or on such person when no solicitor has been employed, notice of the proposed sureties and of the time and place appointed for the execution of the bond according to the prescribed form. 25. The sureties shall make an affidavit of their sufficiency according to the prescribed form unless the person to be secured shall dispense with such affidavit, and such sureties shall attend the Court to be cross-examined if required. 26. The bond shall be executed and attested in the presence of the Examiner unless otherwise directed by the Court. Declaration of insolvency. 27. Any debtor may file a declaration of his insolvency in the prescribed form, and such declaration shall be signed by the debtor in the presence of some solicitor, who shall inform such debtor of the nature and effect thereof and shall subscribe his name as witness to the due execution thereof, and file an affidavit in the prescribed form verifying such declaration of insolvency. 28. A petition of bankruptcy filed by any debtor shall be deemed to include a declaration of insolvency, and no such declaration shall in such case be necessary. Bankruptcy petition. 29. The proper officer shall at the time of filing indorse on every petition and other document the date of the filing thereof and in cases of declarations of insolvency and petitions shall also indorse the hour of the day. 30. (1) A creditor's petition shall be signed by the petitioner or, if more than one, by all the petitioners, unless the petitioners are partners, in which case one partner may sign on behalf of himself and the other partners. Any petitioner may sign the petition by his attorney duly authorised by power of attorney in that behalf. (2) A creditor's petition by a limited company or body corporate shall be sealed with the seal of the company or body corporate and signed by two directors or by one director and the secretary. Such seal and signature shall in all cases be attested. 31. Where a petitioning creditor is not known to the proper officer or a petition is not signed by a solicitor in addition to being signed by the petitioning creditor, it shall not be filed until the petitioner shall be identified to the satisfaction of such officer. 32. When the petitioning creditor cannot himself verify all the statements contained in the petition, he must file in support of the petition the affidavit of any person who can depose to them. 33. Where a petition is presented by two or more creditors not in partnership, each creditor must depose to the truth of such of the statements in the petition as are within his own knowledge either in a joint or separate affidavit. 34. The petitioning creditor shall at his own cost file and prosecute his petition and the proceedings under any order of adjudication made thereon until the appointment of a creditor's assignee or trustee, and such costs when taxed and ascertained shall be paid out of the first net proceeds of the estate of the bankrupt next in priority to the expenses and remuneration of the Official Assignee, unless the Court shall otherwise direct. 35. (1) In all cases the petitioning creditor shall indemnify the Official Assignee as to any expenses incurred by him and allowed by the Court, unless and until a creditor's assignee shall be appointed. (2) Upon the presentation of a petition for adjudication, the petitioner shall deposit with the Official Assignee, in the case of a petition by a debtor, the sum of £100, and in the case of a petition by a creditor, the sum of £75, and shall thereafter lodge such further sums (if any) as the Court may from time to time direct, to cover the fees and expenses to be incurred by the Official Assignee and no petition shall be received unless the receipt of the Official Assignee for the deposit payable on the presentation of the petition is produced to the proper officer. (3) The Official Assignee shall account for the money so deposited to the creditor, or, as the case may be, to the debtor's estate, and any sum so paid by a petitioning creditor shall be repaid to such creditor (except and so far as such deposit may be required by reason of insufficiency of assets for the payment of the fees of and expenses incurred by the Official Assignee) out of proceeds of the estate in the same priority as his costs. 36. When the debt of a petitioning creditor or any part thereof is in respect of money lent by a moneylender or interest on charges in connection therewith, the affidavit indorsed on the petition shall contain a statement of the date on which a copy of the note or memorandum in writing of the contract made pursuant to section 11 of the Moneylenders Act, 1933, was delivered or sent to the borrower and a statement showing in detail the particulars mentioned in subsection 16 (2) of the said Act, and a copy of the said note or memorandum shall be filed with and verified by the said affidavits. 37. A petition of bankruptcy by a debtor shall be supported by the affidavit of the debtor setting forth the particulars of his assets and where the same are and the estimated value thereof, in order that it shall be made to appear to the satisfaction of the Court that his available estate is sufficient to produce the sum of £1,500 at the least, and if required he shall produce satisfactory evidence of the value of such assets. Adjudication of bankruptcy. 38. After the presentation of a petition of bankruptcy or for arrangement upon the application of a creditor and upon proof by affidavit of sufficient grounds for the appointment of a receiver or manager of the property or business of the debtor, or any part thereof, the Court may if it think fit make such appointment, and where the cause shown against the adjudication of bankruptcy shall be allowed or where under a petition for arrangement the Court shall so order, the creditor shall pay such costs to the receiver or manager as the Court may direct, and the Court shall adjudicate with respect to any claim for damages arising out of his appointment, and make such order thereon as it thinks fit and such order shall be final and conclusive between the parties, and between them and either of them and the receiver or manager, unless the decision be appealed from. 39. Any receiver or manager of the property or business of the debtor appointed by the Court shall submit his accounts for examination to the Official Assignee, and for that purpose shall attend upon him at such reasonable times as he may require; or if the Official Assignee be himself the receiver or manager he shall submit his accounts to the Court at such times as the Court may direct. The remuneration of any such receiver or manager shall be under the direction of the Court, and no receiver or manager shall have any lien whatever for his remuneration on any money or property which may have come to his hands. 40. In the case of a creditor's petition, at the sitting to adjudicate, the creditor's debt, the act of bankruptcy and, where necessary, trading by the debtor shall be proved by affidavit provided that when a debt or any part thereof is in respect of money lent by a moneylender or interest or charges in connection therewith, the affidavit shall incorporate a statement showing in detail the particulars mentioned in the Moneylenders Act, 1933, section 16 (2), and provided also that, where the act of bankruptcy is non-compliance with a debtor's summons, the affidavit shall state that the debt has not been secured or compounded. 41. The debt of the petitioning creditor which has been proved for the adjudication shall in all cases be deemed to be a debt proved and admitted in the bankruptcy, unless the Court shall otherwise order. 42. Where two or more petitions are presented against the same debtor, or against debtors being members of the same partnership, the petition which was first presented shall be entitled to be first heard. Where such first petition shall not have been proceeded with to adjudication within the time limited by section 121 of the Act of 1857 or such extended time as may have been allowed by the Court or where the debtor shows cause against the adjudication thereunder or where delay will be avoided, any other petition may be proceeded with. If the Court shall make adjudication upon such last mentioned petition, all other petitions shall stand dismissed with such costs (if any) as the Court may allow, and a note of such dismissal shall be indorsed by the Examiner on each such petition. 43. No order of adjudication shall be made against a firm in the firm name, but it shall be made against the partners individually with the addition of the firm name. 44. The duplicate order of adjudication shall be served upon the bankrupt in the manner directed by section 129 of the Act of 1857 by the Messenger unless some other mode of service shall be directed by the Court. An affidavit of such service in the prescribed form shall be made forthwith and filed in the Office. 45. Any person adjudged bankrupt intending to show cause against the validity of the adjudication shall, before the expiration of the time for showing cause, lodge for filing in the Office notice in writing of his intention, and such notice shall state which of the following matters namely, the petitioning creditor's debt, the trading, or act of bankruptcy he intends to dispute. Upon filing the notice to show cause the proper officer shall forthwith set down the same for hearing before the Court, and shall indorse on such notice the time fixed for such hearing and shall date and sign the same. A copy of the notice with such indorsement thereon shall before the expiration of the time aforesaid be served by the person showing cause upon the solicitor for the petitioning creditor, or upon such petitioning creditor when no solicitor shall have been employed, and upon the Official Assignee and in default of such notice being served or in default of such person appearing before the Court at the time so fixed, the notice to show cause shall stand dismissed, and notice of the adjudication shall be forthwith advertised unless the Court shall otherwise order. 46. After lodging such notice of his intention he shall, on application to the proper officer, and on payment for the same be furnished forthwith with copies of the proceedings on which the adjudication was founded. 47. If at the sitting of the Court to hear the cause against the validity of the adjudication the debtor shall not appear, or if having appeared he shall fail to show to the satisfaction of the Court that the petitioning creditor's debt, the debtor's trading, and act of bankruptcy or such of them as shall have been disputed, are or is insufficient to support the adjudication the cause shown by the debtor shall be disallowed with such costs as the Court may order, If at such sitting any new evidence as to any of these matters shall be given, or any witness to any of such matters shall not be present for cross-examination (if required to attend) and further time shall be desired, the Court may, if it think the application reasonable, grant such further time as it may think fit. 48. Immediately on the adjudication of a debtor on his own petition, or after the expiration of the time for showing cause against an adjudication on a creditor's petition or after the disallowance of any cause if cause had been shown, a summons to the bankrupt in the prescribed form shall issue, specifying the two public sittings of the Court appointed for him to surrender and conform, and a sealed copy of such summons shall be served upon him personally, provided that the Court may in any case direct some other mode of service. It shall be the duty of the solicitor having the carriage of the proceedings to cause such service to be effected and an affidavit thereof to be made and filed forthwith. Motions and practice. 50. A short note or statement of every motion of course shall be delivered to the Examiner at least twenty four hours before the same shall be moved specifying the matter in which and the party on whose behalf the same is made, and the nature of the application and the name of the solicitor or party applying. 51. Motions on notice shall be grounded on affidavit or other document or evidence stated in the notice of motion unless the Court shall in any particular case otherwise direct and such motions shall be listed in the Office. 52. Where any party other than the applicant is affected by the motion, no order shall be made unless upon the consent of such party duly shown to the Court, or upon proof that notice of the intended motion and a copy of the affidavits in support thereof have been duly served upon such party, provided that the Court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail serious mischief, may make any order ex parte on such terms as to costs and otherwise, and subject to such undertaking (if any) as the Court may think just, and any party affected by such order may move to set it aside. 53. Two copies of the notice shall be filed in the Office by the solicitor or party serving same, and such notice shall specify a date for hearing not less than two clear days (exclusive of Sunday) after the date of service of such notice unless the Court shall otherwise direct. When the motion involves the payment of money out of the estate, a copy of the notice shall be served on the Official Assignee. 54. The provisions of Order 121, rule 9, shall, so far as applicable, apply to the service of every notice, affidavit, or other document when served upon a solicitor. 55. Every affidavit referred to in the notice of any motion or application to the Court shall be filed in the Office before such notice is served, but such further affidavit or affidavits in reply or such oral evidence may be given as shall be allowed by the Court. 56. When a conditional order shall have been made the same shall be served within ten days from the date thereof unless further time shall be allowed by the Court and if not served within such time shall stand discharged. 57. Cause may be shown against a conditional order by filing an affidavit and serving notice thereof within the time limited for showing cause, and a copy of such notice shall at the same time be filed in the Office. If no cause shall be shown the conditional order may be made absolute by ex parte motion on reading the affidavit of service and certificate of no cause, and, in case the conditional order shall have been obtained for payment of money, a certificate of the assignee or trustee, or affidavit of any other person to whom the money is payable that same has not been paid. The filing of an affidavit and serving notice thereof shall be good cause against the conditional order, and the same shall stand discharged with such costs (if any) as shall be allowed by the court, unless the person who obtained the conditional order, within ten days after having been served with the notice of intention to show cause shall himself serve notice of motion to make the conditional order or some portion thereof absolute, and shall move the same according to the course of the Court, but in case the affidavit and notice shall not be so filed, the proper officer shall, upon an affidavit of service of the conditional order being filed give a certificate of "no cause." Proceedings by charge and discharge. 58. Every charge shall be filed in the Office and notice of such filing and a copy of the charge shall be served upon the person to be made liable or affected thereby. 59. Any person served with such notice and copy of a charge shall have the period of twenty-one days and such further time (if any) as shall be allowed by the Court to file his discharge thereto, and in default of a discharge being filed within such period the charge shall be set down for hearing before the Court upon notice to such person. Verification by affidavit of a charge or discharge shall not be required. 60. When a discharge shall be filed, notice of the filing thereof and a copy of such discharge shall be forthwith served on the chargeant, and the chargeant and dischargeant shall during the period of ten days after such service, be at liberty to file such affidavits as they may be advised, notice of such filing being at the same time served and they may within the same period of ten days serve notice of intention to adduce oral evidence either in addition to or in substitution for affidavits. The witnesses whom it is proposed to examine orally shall be named in the notice. 61. After the expiration of the said period of ten days either party may apply to the Court by motion on notice for directions as to any further or other evidence. 62. After the expiration of the said period of ten days the chargeant, or, if he shall fail to do so, the dischargeant, may set down the charge and discharge for hearing before the Court. 63. The chargeant and dischargeant may respectively by notice require the production at the hearing of the charge of any books, papers and writing, and no evidence shall be received on the hearing of a charge and discharge without notice thereof to the opposite party, unless the Court shall in any case otherwise permit. 64. This Order shall not preclude the assignees from applying to the Court for the examination of any witness pending the hearing of the charge. 65. When a charge is filed to establish any deed or document relating to the property of a bankrupt or arranging debtor, or any dealing or transaction respecting such property, and the assignees propose to impeach or set aside such deed, document dealing, or transaction as being fraudulent and void, or void against the assignees and creditors, on any ground whatsoever, it shall not be necessary to file any charge for such purpose, but the case of the assignees may be set up by the discharge to the charge and shall be dealt with on the hearing thereof. Sale of property mortgaged or pledged. 66. An application by any person claiming to be a mortgagee of, or to have any charge or lien upon any part of a bankrupt's or arranging debtor's estate or effects, real or personal, whether such mortgage, charge or lien shall be by deed or otherwise, or whether the same shall be of a legal or equitable nature (hereinafter called the mortgagee) may be made by notice of motion grounded on an affidavit or affidavits which notice shall set forth particulars of the amount claimed to be due for principal and interest and pray that such part of the estate and effects shall be sold under the direction of the Court. In such affidavit or in one of such affidavits the mortgagee shall state whether he holds any other security for such amount whether from the debtor or any other person, and the particulars of any such security. Upon the hearing of the motion the Court shall proceed to enquire whether such person is such mortgagee, or has such charge or lien and for what consideration and under what circumstances, and if it shall be found upon the evidence adduced by him that such person is such mortgagee, and if no sufficient objection shall appear to the title of such person to the sum claimed by him, the Court shall ascertain the principal and interest and costs due upon such mortgage, charge or lien, and the rents and profits or dividends or interest or other proceeds received by such person, or by any other person by his order or for his use, in case he shall have been in possession of the property over which the mortgage, charge or lien shall extend, of any part thereof, and if satisfied that there ought to be a sale, shall order the said property to be sold and direct when, where and by whom and in what way the said property or the interest therein so mortgaged is to be sold, and the mortgagee (if he so desires) shall have the carriage of such sale. At such sale the mortgagee may bid and purchase with leave of the Court. 67. The application mentioned in rule 66 may be made by charge if the Court shall direct. If made by charge the rules regulating proceedings by charge and discharge shall apply. 69. In case the moneys to arise from any sale under rules 66 or 67 shall be insufficient to pay and satisfy what shall be so found due to the mortgagee, he shall be entitled to prove as a creditor for such deficiency and receive dividends thereon, but so as not to disturb any dividend then already declared. 70. In cases in which no application is made by a mortgagee under rules 66 or 67, the Court may order that any part of the bankrupt's or arranging debtor's estate and effects which is subject to any mortgage charge or lien shall be sold subject to such mortgage, charge or lien, and the same shall be sold accordingly. No order shall be made under this rule without notice to the person entitled to such mortgage, charge or lien. 71. Any party to any proceeding under this Order may with the leave of the Court deliver interrogatories to or obtain discovery of documents from any other party to such proceeding, and the provisions of Order 31 shall apply as far as applicable. Person under disability. 72. The Court shall have power to appoint a next friend and also a guardian ad litem to any infant or other person under disability who is a party to any proceedings under this Order, and the provisions of Order 15 Part II shall apply as far as applicable. Public sittings of the Court. 73. All public sittings directed by the Act s of 1857 and 1872 to be advertised shall be advertised ten days previously in Iris Oifigiúil and in such one or more public newspapers as shall be directed by the Examiner, and such insertion shall be vouched in the Office the day before the sitting at latest, provided that the Court may for sufficient reason dispense with the advertisement in the newspaper. 74. When under section 289 of the Act of 1857, the same sitting for audit and dividend shall be appointed by the Court, the same shall be deemed to be a public sitting of the Court. 75. In addition to advertisement, notice of the first public sitting for proof of debts before the Examiner shall be given by the Official Assignee to all the creditors entered in the bankrupt's statement of affairs, who shall not already have proved their debts or lodged proofs or claims with the Official Assignee such notice shall be given by prepaid post ten days prior to the sitting to the creditors at the address set forth in the statement, and the Official Assignee shall certify the date of the posting of such notices to such addresses; and notice of subsequent sittings for proof of debts before the Examiner shall be given as he may direct. 76. Notice of the appointment before the Examiner to vouch and of the sitting of the Court to audit any account of the Official Assignee which shall include the proceeds of any sale of lands, tenements, or other property which were subject to any mortgage, charge or lien, shall be given by prepaid post ten days prior to the audit to every incumbrancer, to the purchaser and to the solicitor for the assignees when he has not had the carriage of sale. In every other case where the account shall include the proceeds of the sale of any lands or tenements, the like notice of vouching and of audit shall be given to the purchaser. 77. When a public sitting has been fixed for the choice and appointment of a creditor's assignee in place of a creditor's assignee deceased or removed, notice of the sitting shall be given to all the creditors entered in the bankrupt's statement and any other creditors who have proved debts by transmitting a notice of the sitting by prepaid post ten days prior to the sitting to the address of the creditor stated in the statement or in his proof, provided that when a public sitting for proof of debts shall be fixed by direction of the Court for the purpose of enabling any creditor who may not have proved his debt at any of the sittings theretofore had for proof of debts to bring forward his proof, such notice of the sitting shall be given to such persons and upon such terms as to cost as the Court shall, according to the circumstances of the case, direct. Authority to vote. 78. The instrument appointing a proxy shall be in writing under the hand of the creditor, or if such creditor is a corporation or company under the hand of the secretary or other person duly authorised by the corporation or company and shall be in the prescribed form, and (unless it is otherwise expressly stated therein) shall be deemed and allowed as an authority to the appointee of the creditor to act and vote for him and on his behalf at all sittings and meetings of creditors or adjournments thereof. 79. The instrument must be produced at the first meeting at which the proxy attends and shall be filed not later than the close of the second sitting. 80. Any affidavit to be used in any matter of bankruptcy or arrangement may be sworn before the Official Assignee or the Examiner or any officer authorised by the Court to take affidavits as well as the several persons mentioned in section 366 of the Act of 1857. Order 40, rules 1 to 20, shall, as far as applicable, apply to such affidavits provided that the Official Assignee may receive an affidavit of proof of debt which is not in accordance with these provisions and treat the same as an account furnished by the creditor and the Examiner may direct the same to be filed. 81. A for the attendance of a witness at any sitting or trial shall be issued at the instance of the assignees, a creditor, a debtor, or any party, with or without a clause requiring the production of books, deeds, papers and writings in his possession or control, and in such the name of only one witness shall be inserted. A may be issued in blank as to the name of the witness only. 82. A sealed copy of the shall be served personally on the witness within a reasonable time before the time of the return thereof, and service of the subpoena shall where required be proved by affidavit. 83. Wherever a witness has made an affidavit or deposition in support of any application or proceeding in the Court, any party to such application or proceeding may by notice require the attendance of such witness for cross-examination. 84. An order to read evidence taken in another proceeding in the High Court shall not be necessary, but such evidence, saving all just exceptions, may be used on ex parte applications by leave of the Judge to be obtained at the time of making any such application, and in any other case upon the party desiring to use such evidence giving two days previous notice to the other parties of his intention to read such evidence. 85. The Court may in any matter limit the number of witnesses to be allowed on taxation of costs. The Court may allow the expenses of witnesses even though such witnesses have not been examined. Proof of debt of secured creditors. 86. A secured creditor whether in bankruptcy or arrangement, unless he shall have realised his security, shall, before being allowed to prove or vote, state in his proof the particulars of his security and the value at which he assesses the same, and he shall be deemed to be a creditor only in respect of the balance due to him after deducting such assessed value of the security. Any mortgage, charge or lien upon the property of any person other than the debtor or the liability of such other person as surety must be stated, but no deduction need be made in respect thereof. 87. The proof of any such creditor shall not be increased in the event of the security realising a less sum than the value at which he has so assesseed the same unless the Court is satisfied that some bona fide mistake was made when the security was valued. Joint and separate estates. 88. Where a bankrupt is separately and jointly indebted, distinct accounts shall be kept of the joint estate and also of the separate estate or estates of the bankrupt or of each bankrupt (as the case may be), and the separate estate shall be applied in the first place in satisfaction of the debt of the separate creditors, In case there shall be a surplus of the separate estate, such surplus shall be carried to the account of the joint estate, In case there shall be a surplus of the joint estate, such surplus shall be carried to the account of the separate estates of each bankrupt in proportion to the right and interest of each bankrupt in the joint estate. The cost of taking such accounts shall be paid out of the joint and separate estates respectively as the Court shall direct. 89. In case the joint estate of any bankrupts shall be insufficient to pay the costs or charges necessarily incurred in respect of the same the Court on the application of the assignees may order such costs or charges to be paid out of the separate estates of such bankrupts or any one of them or vice versa may order costs or charges necessarily incurred for any separate estate to be paid out of such joint estate. 90. If any two or more of the members of a partnership constitute a separate and independent firm, the creditors of such last mentioned firm shall be deemed to be a separate set of creditors and to be on the same footing as the separate creditors of any individual member of the partnership. Where any surplus shall arise upon administration of the assets of such separate or independent firm, the same shall be carried over to the separate estates of the partners in such separate and independent firm according to their respective rights therein. Trial by jury. 91. Issues of fact directed by the Judge to be tried before a jury shall be set down for trial in the ordinary list of actions for trial by jury, and shall be tried before the Judge or such other Judge as the President of the High Court may direct. 92. Order 58 so far as applicable shall apply to every motion for a new trial or to set aside a verdict or finding in any such trial as aforesaid. 93. Order 42 shall so far as applicable apply in bankruptcy and arrangement proceedings save that— ) execution orders and orders in aid of execution orders shall be issued and sealed by the Examiner; shall be filed in the Office; ) orders when executed and returns and other documents relating to the same which are required to be filed shall be filed in the Office. Absconding debtor 94. Where a debtor is arrested under a warrant issued under section 78 of the Act of 1872, the debtor shall be safely kept by being lodged in the prison to be specified in the warrant. Salary and income 95. Where an order is made under section 319 of the Act of 1857, an attested copy of the order shall be submitted by the Official Assignee to the head of the appropriate department for the purpose of his consent being indorsed thereon. 96. Where the assigness intend to apply to the Court for an order for payment by a bankrupt of a portion of his salary or income, notice shall be given to the bankrupt of such intention, of the time and place fixed for the hearing of the application, and the bankrupt shall be at liberty to attend and show cause against an order being made on the application. 97. Where an order has been made for the payment by the bankrupt or his employer for the time being of a portion of his salary or income the bankrupt may, upon his ceasing to receive a salary or income of the amount he received when the order was made, apply to the Court to rescind the order or reduce the amount ordered to be paid by him to the assignees. Corrupt agreement with creditor 98. Proceedings for the recovery of the treble value of the amount of any money, goods or chattels or security obtained or accepted by any creditor of a bankrupt or arranging debtor in violation of section 76 of the Act of 1872, may be taken by the assignees by filing a charge. Notice of such charge shall be served upon the creditor sought to be rendered liable, who may file a discharge. The bankrupt's statement of affairs 99. Unless the Court otherwise directs, the bankrupt shall before the day fixed for the public sitting for the choice of creditor's assignee or at such later date as may be directed by the Court, file in the Office his statement of affairs in the prescribed form, verified on oath, regularly paged, and signed by him on each page, with all the columns and blanks accurately filled up, and the proper officer shall examine it to ascertain whether it is complete, and shall refuse to retain or file it until presented to him complete, unless the Court shall otherwise direct. The bankrupt shall at the same time lodge a copy of his statement of affairs which the proper officer shall stamp on the first page with the stamp of the Office and shall indorse thereon the date when received, and shall thereupon transmit the same to the Official Assignee. 100. When the bankrupt shall be entitled to any lands or tenements in the occupation of tenants, the statement of affairs (unless a receiver has been appointed over such lands and a rental lodged by him) shall contain a rental setting forth the denominations, head rents (if any), tenants' names and addresses, tenure, gale days, annual or other rents, and the amount of rent due to the gale day next preceding the bankruptcy, or such rental in duplicate duly verified shall be filed at the same time as the statement of affairs. If a receiver has been appointed over the lands and rental lodged by him, the statement of affairs shall contain a reference to such rental and the proceedings wherein the same has been lodged. Creditors' assignee 101. The creditors' assignee shall be chosen and appointed at the first public sitting for the proof of debts, unless such choice shall be adjourned by the Court. The creditors' assignee shall forthwith appoint the solicitor to act for the assignees. 102. No creditors' assignee shall retain in his possession or custody any money whatsoever belonging to the estate of the bankrupt and if any such moneys should be paid to or be received by the creditors' assignee he shall forthwith pay or transmit the same to the Official Assignee in the matter, or lodge same in the Bank to the credit of the Official Assignee and the particular estate, and should he neglect to do so, he shall be charged by the Court with interest thereon at the rate of twenty per cent. per annum for such time as he shall so have retained the same. 103. If a creditors' assignee be ajudged bankrupt or files a petition for arrangement with his creditors, or be removed for any cause or dies, a public sitting may be fixed for the choice and appointment of a new creditors' assignee if it shall appear to the Court that such new appointment is necessary or expedient. Composition after bankruptcy 104. The meetings directed by section 149 of the Act of 1857 shall be held before the Judge and shall be sittings for the proof of debts, and the bankrupt's statement of affairs in the prescribed form shall be filed ten days before the day fixed for the first of said meetings. The notice in Iris Oifigiúil shall specify the precise offer of composition to be made at the meetings, and a copy of such notice shall be transmitted by prepaid post ten days before each of the meetings to each creditor named in the bankrupt's statement of affairs, or who has proved a debt, and the offer of composition shall also be set forth in writing by indorsement on the bankrupt's statement: provided that every creditor to the amount of £500 and upwards residing out of the jurisdiction shall be served by transmitting a copy of the notice of the second of the said meetings by prepaid post in sufficient time to enable him to vote thereat. The bankrupt shall personally attend at both meetings unless the Court shall otherwise direct. The offer of composition may with the leave of the Court be modified at the first meeting or at any adjournment thereof. 105. Any such offer of composition must provide for payment in cash within one month from the confirmation by the Court of the bankrupt's proposal, or, in the case of payment by instalments for the payments being secured by a solvent surety or solvent sureties to be approved by the creditors at the first composition meeting held before the Court. 106. A sitting shall be held before the Examiner for proof of debts of creditors of the bankrupt, of which sitting ten days previous notice shall be sent by the Official Assignee by prepaid post to every creditor mentioned in the bankrupt's statement of affairs who shall not have already proved. The Official Assignee shall certify the date of posting thereof to such creditors and the bankrupt shall have the carriage of such sitting unless otherwise ordered. 107. The application to the Court to annul the adjudication of bankruptcy shall not be made until a report shall have been obtained by the bankrupt from the Examiner, that all costs ordered by the Court and all preferential debts have been paid to all the creditors entitled thereto, or has been lodged with the Official Assignee for such of the creditors as cannot be found or who may have declined to receive the same, provided that where the composition consists in vesting any property or lodging a sum of money for distribution among the creditors the form of the report may be varied accordingly. 108. Where the composition offered shall not be accepted by the creditors, or when the Court shall have refused to annul the adjudication, and shall have ordered the bankruptcy to continue, or when the bankrupt shall have failed to pay the composition agreed upon, or the Court so directs, any debt proved and admitted at the meetings or at the sitting before the Examiner may afterwards be expunged either wholly or in part at the sittings for proof of debts upon such notice to the creditor as the Court shall direct. Arrangement under the control of the Court 109. (1) The petition of a debtor according to section 343 of the Act of 1857 with the affidavit verifying the same, shall be supported by a further affidavit of the debtor setting forth the particulars of his assets of every kind and description and where the same are, together with the estimated value of such assets and the amount of his liabilities, and whether any and which of his creditors have instituted any and what proceedings for the recovery of their debts, and whether his solicitor has received any and if so what sums on account of the costs of the proceedings. The petitioner shall be prepared to lodge with the Official Assignee all money or bills, securities or title deeds in his possession as the Court may direct and a sum not exceeding £100 subject to the further order of the Court in relation to the expenses of the arrangement. Where a petition of arrangement shall be presented by debtors in partnership the further affidavit shall disclose likewise the separate assets and separate liabilities of each partner distinguished from the partnership assets and liabilities. (2) The proper officer shall at the time of filing, indorse on every document the date of filing thereof, and in the case of petitions the hour of the day, and before filing the same shall see that each document is in the proper form. 110. Within seven days after the petitioning debtor has obtained his order for protection he shall, unless the Court otherwise direct, call a preliminary meeting of his creditors to be held at the office of his solicitor or other fit place to consider the affairs of the debtor, of which four days' previous notice by prepaid post shall be given to each of his creditors, and to the solicitor of any creditor who shall have taken proceedings against him, and the debtor shall make himself personally available at such meeting. Such notice shall in addition to giving the time and place of the meeting, state that the debtor will attend the same with the necessary information and that he can be fully examined thereat as to his business, course of trading, causes of failure, and other relevant matters, and as to the proposal or scheme of arrangement which he intends to submit to the meeting. 111. The sittings appointed under sections 344 and 346 of the Act of 1857 shall be sittings for proof of debts. Notice of such sittings shall be given to creditors in the prescribed form in the same manner as directed by the rules in relation to meetings of creditors to consider the offer of a composition after bankruptcy, save that the insertion of notice in Iris Oifigiúil shall not be required. The service of such notice shall be vouched before the proper officer at latest on the day before the sitting. 112. The account to be filed by the petitioner according to section 345 of the Act of 1857 ten days before the first sitting shall be a statement of affairs in the form prescribed for bankrupts or as near thereto as the circumstances of the case will allow, but shall not include an accounting statement unless ordered by the Court. In addition, the statement submitted at the preliminary meeting and a minute of the proceedings with a copy of any resolution passed thereat or at any adjournment thereof shall be filed not later than three days prior to the said sitting. 113. At and after the first sitting and whether the same be adjourned or not, when the Court shall so direct, and in all cases after the second sitting under section 346 of the Act of 1857, a sitting shall be appointed before the Examiner for further proof of debts, of which six days' previous notice by prepaid post shall be given by the Official Assignee to every creditor named in the petitioner's account or statement of affairs who shall not have already proved, and the Official Assignee shall certify the date of posting thereof. 114. When the Court shall order a special sitting to be held in any arrangement pursuant to section 351 of the Act of 1857, ten days' previous notice of such sitting shall, unless otherwise directed by the Court, be given by prepaid post to all creditors named in the debtor's account or who shall have proved debts, and the notice shall state the precise difficulty which shall have arisen in the execution of the resolution or agreement upon the debtor's proposal and what part thereof it shall be proposed to confirm, alter or annul and in what manner. 115. The application by the arranging debtor for his certificate pursuant to section 64 of the Act of 1872 shall not be made to the Court until a report shall have been obtained by the arranging debtor from the Examiner that the resolution or agreement has been carried into effect, and the creditors have been satisfied according to the tenor thereof, or the composition agreed to be accepted has been lodged with the Official Assignee for such of the creditors as cannot be found or who may have declined to receive the same; provided that where the composition consists in vesting any property or lodging a sum of money for distribution among the creditors the form of the report may be varied accordingly. 116. If the arranging debtor shall during the progress of the arrangement be adjudged bankrupt under any of the provisions of section 353 of the Act of 1857, or if the Court shall direct, any debts proved and admitted at the sittings before the Court or the Examiner may afterwards be expunged, either wholly or in part, at the sittings for proof of debts upon such notice to the creditor as the Court shall direct. Unless so expunged all debts proved and claims entered in the arrangement matter shall be deemed to have been proved and entered in the bankruptcy. 117. When an arranging debtor shall have been adjudged bankrupt under any of the provisions of section 353 of the Act of 1857, the carriage of the proceedings in the bankruptcy up to the choice and appointment of a creditor's assignee shall be committed to such creditor as the Court shall direct. Consent of surety 118. When the proposal of a bankrupt or an arranging debtor for the future payment or compromise of his debts or engagements involves any other person becoming surety for such payments or compromise, the consent and undertaking in writing of such person to such proposal shall be filed in the prescribed form at or before the first sitting. Such undertaking shall unless the Court otherwise orders be executed in the presence of a peace commissioner, clergyman, solicitor, commissioner for oaths or bank manager, who shall certify to his knowledge of the proposed surety. Realisation of bankrupt's estate and effects 119. The Official Assignee shall immediately after the adjudication of bankruptcy possess himself of all the bankrupt's estate and effects, books and papers and writings, and after the time for showing cause against the adjudication may immediately dispose of such part thereof as is of perishable nature. 120. After the choice and appointment of a creditors' assignee the Official Assignee shall proceed without delay to dispose of all the rest of the bankrupt's estate and effects which can be converted into money, regard being had to the provisions of sections 298 and 299 of the Act of 1857. After reasonable notice, all chattels shall be sold by public auction or by tender, unless the sanction of the Court shall be obtained for some other mode of sale; provided that in case of a sale by tender the offer shall be submitted to the Court for approval before the purchaser shall be declared. The interest of the bankrupt in any lands or tenements by whatever tenure held or any reversionary interest, or expectancy, or policy of assurance of the bankrupt, shall not be sold until an order of the Court shall have been obtained. 121.

Within two months after the appointment of a creditors' assignee, or such further time as may be permitted by the Court, the Official Assignee shall make out a list of all debts due to the bankrupt's estate which remain unpaid, with the dates of his application for the same, and the answers thereto (if any), and shall send such list to the creditors' assignee, who shall note thereon such of the debts as he shall deem to be recoverable, and what proceedings ought in his opinion to be adopted for their recovery, and shall thereupon return the list to the Official Assignee who shall submit the same with his observations thereon to the Examiner, who may sanction proceedings for the recovery of the debts, or the employment of some fit person to collect the debts at such remuneration as the Examiner shall think proper. 122. Rule 121 shall not preclude the Official Assignee from applying to the Court to take such proceedings at an earlier period should the circumstances of the case require it. 124. The assignees shall not be entitled to disclaim any property under section 97 of the Act of 1872 without the leave of the Court. Upon any application to the Court for such leave notice of the desire of the assignees to disclaim such property shall be given to such person as the Court shall direct. Proof of debts and dividends 125. (1) A creditor may prove his debt at a sitting for proof of debts in bankruptcy and arrangement matters or may send his affidavit of debt in the prescribed form by prepaid post to the Official Assignee four days before such sitting. (2) Where the debt or any part thereof is in respect of money lent by a moneylender or interest or charges in connection therewith, proof of the debt shall be given by affidavit, and the affidavit or one of the affidavits by which the debt is proved, shall have indorsed upon it or annexed to it a statement showing in detail the particulars required by the Moneylenders Act, 1933, section 16 (2). 126. If in the opinion of the Official Assignee any affidavit so sent to him ought not to be admitted as a proof of debt, either wholly or in part, or that further evidence ought to be adduced in support of it, he shall return the affidavit and any bills, notes or other documents exhibited therein to the creditor, with an intimation that it will be incumbent on the creditor himself personally or by his solicitor or agent to bring forward and establish his proof at the sitting. The Official Assignee may return unsatisfactory accounts furnished to him by alleged creditors with the like intimation. 127. The Official Assignee shall previous to the sitting prepare a list of all such affidavits sent to him as in his opinion ought to be admitted as proofs (specifying bonds, bills, notes or other documents produced or which ought to be produced) and of all other debts which ought in the opinion of the Official Assignee to be admitted without proof upon accounts furnished to him or upon the examination of the bankrupt or arranging debtor or upon his statement of affairs, or otherwise (specifying the documents produced or which ought to be produced as before mentioned), and the Court may admit such debts accordingly without proof, if undisputed, and shall sign such list and place the same with the proofs on the file of proceedings. The Court may admit any other debt at the sitting without proof. Where a debt is disputed an affidavit shall be made by or on behalf of the person disputing it and the Court may require an affidavit in support of the debt whenever it thinks fit. 128. A creditor shall bear the cost of making his proof of debt unless the Court shall otherwise specially order. 129. The accounts of the Official Assignee shall in all cases be vouched before the Examiner previous to the audit before the Court. At the vouching of an account the Examiner shall examine the items of the account and the vouchers and the documents relating thereto the Messenger's inventory of the property seized or taken possession of, and the statement of affairs (if any). He shall charge the Official Assignee in his accounts with all moneys with which he shall be properly chargeable, and he shall allow to the Official Assignee in his accounts all disbursements properly made by him and none other. The Examiner shall submit to the Court a report upon the account for audit with respect to the realisation and the dealings of the Official Assignee with the estate, as to the collection of debts due to the estate, the costs payable out of the estate and the amounts of the debts of creditors upon which dividend should be declared, and shall further report any unnecessary delay in the realisation of the estate or in the vouching of the account and bringing same to audit. 130. Sittings for proof of debts and for vouching and audit of the Official Assignee's accounts shall be fixed by the solicitor having carriage of the proceedings with the sanction of the Examiner who shall give such directions as to advertisements or notices thereof as he shall think fit. If it shall be shown to the Judge that the solicitor having carriage of the proceedings has neglected to fix a sitting for proof of debts or for vouching or for audit of the accounts when required by the Court to do so, the Judge may appoint some other solicitor who shall fix the sitting and give such notice thereof as the Examiner may direct. The cost of the solicitor so appointed shall be paid out of the estate in such priority as the Judge may direct. 131. In every bankruptcy and arrangement matter in which dividend or composition is to be paid to creditors, such officer of the Court as the Examiner may from time to time direct shall cause to be made out in duplicate lists in the prescribed form of all the creditors whose debts have been proved or admitted in the matter, showing the full name and address of each creditor, the amount of the debt of each creditor, and the number of bills or notes (if any) which, according to the order or memorandum of proceedings are to be exhibited to the Official Assignee, in order that the dividend or composition may be indorsed thereon. Such officer shall carefully examine and add up the figures and if he shall find that a debt has been admitted in duplicate or that any other reason exists for doing so, he shall call the attention of the Examiner thereto. The dividend or composition list and duplicate shall be delivered by the officer to the Examiner to be attached to the account. 132. After a dividend has been declared the Examiner shall state on the dividend list and the duplicate thereof the amount of the dividend and the date of the order for payment and shall transmit same to the Official Assignee without delay. When the Official Assignee receives the dividend or composition lists he shall compute the amount of the dividend payable to each creditor, and insert the same opposite the creditor's name in the column of the list set apart for the purpose and the Official Assignee shall date and sign the list and return the same to the proper officer to be filed with the proceedings in the matter. 133. An account called the "Bankruptcy Dividend Account" shall be kept in the Bank in the name of the Official Assignee. After an order has been made in any matter of bankruptcy or arrangement for payment of a dividend or cash composition, the Official Assignee shall transmit to the Bank an authority in the prescribed form to transfer from the estate account (hereinafter mentioned) of such matter to the credit of the Bankruptcy Dividend Account the total amount of such dividend or cash composition, and to pay to the creditors, to whom the dividend or cash composition is payable, the respective amounts to which the said creditors are entitled as specified in a schedule to be subjoined to the said authority, and to charge the amounts so paid to the Bankruptcy Dividend Account. The said authority shall be dated as of the date of the order for payment of the dividend or cash composition. 134. The Official Assignee shall transmit forthwith to each creditor by prepaid post a notification, in the prescribed form of the dividend or cash composition payable to him, and that payment will be made to him by the Bank upon presentation through a bank of such notification bearing at foot the acknowledgment of the receipt by the payee. Provided, however, that when the debt of any creditor has been admitted as a claim only, or subject to the production of a bill, note or other document, or when payment of a dividend or composition has been stayed, or when it is necessary that the creditor should produce to the Official Assignee a bill or note in order that the dividend or cash composition may be indorsed thereon, the Official Assignee shall defer transmitting the notification, and shall communicate to the creditor that the same will be transmitted to him only upon conversion of the claim into a proof, or upon the production to the said Official Assignee of the bill, note or other document required to be produced, or upon removal of the stay. 135. A creditor who has exhibited the bills or notes upon which his proof is founded shall not be required by the Official Assignee to exhibit them again before receiving his dividend or cash composition, if the bankrupt or arranging debtor alone is liable thereon, but where some other person besides the bankrupt or arranging debtor is liable upon the bills or notes the creditor shall produce them to the Official Assignee before receiving the dividend or cash composition, and the Official Assignee on being satisfied that the bills or notes are those required to be produced shall indorse thereon the amount of the dividend or cash composition paid thereon, provided, however, that the Court may for sufficient reason dispense with the production to the Official Assignee of a bill, note or document in any matter. 136. The Bank shall transmit daily to the Official Assignee all paid drafts and all notifications upon the presentation of which creditors have received payment of dividend or cash composition. 137. At the expiration of one year from the date of every authority to the Bank for payment to creditors of dividend or cash composition, the authority shall lapse and become void, and the Bank shall forthwith transmit to the Examiner every such authority having noted thereon the dates on which the several payments thereunder were made. 138. The Official Assignee shall immediately after the expiration of one year from the date of the order for payment of dividend or cash composition, and of one year from the audit, in case no dividend or cash composition was then paid, vouch before the proper officer the payment of all sums comprised in his accounts, payment of which has not been already vouched before the Examiner, and of all sums ordered to be paid at the sitting for audit. 139. The Official Assignee shall immediately after the expiration of the year mentioned in rule 138, prepare a list of the unpaid dividends or cash compositions, and of any sums, payable under the order on the audit sitting, or described in the Official Assignee's account as reserved for payment, which remain unpaid at the date of such list. Such list when prepared shall be brought before the Examiner, who shall direct such notices to be served relative thereto as he may think fit, and when satisfied that the dividends, compositions or other sums in such list are properly transferable to the Unclaimed Dividend Account shall give directions for the immediate transfer of the same. A schedule of the unpaid dividends, compositions and other sums transferred to the Unclaimed Dividend Account shall in all cases be lodged with the Examiner with a certificate that the act ual transfer has been made. The rules respecting payment of unclaimed dividends transferred to the Unclaimed Dividend Account shall be applicable to all other sums transferred to said account. 140. (1) When after an authority in the prescribed form for payment out of the Bankruptcy Dividend Account has been lodged in the Bank any debt comprised therein shall be expunged or reduced or a stay shall be placed upon the payment of any dividend or composition specified in such authority, the Official Assignee shall issue to the Bank a direction cancelling the authority of the Bank to pay the amount of the dividend or composition upon the debt expunged or reduced or upon which the stay has been placed, and shall draw such amount from the Bankruptcy Dividend Account by a draft in favour of the account of the estate out of which such dividend or composition is payable, and the amount so drawn shall be brought to the credit of the said estate. After receipt of such direction as aforesaid the Bank shall not make payment of the amount therein specified on foot of the original authority. (2) When after any such authority as aforesaid has been lodged in the Bank the right to receive payment of a sum therein specified has been transferred to or devolves upon a person (hereinafter called "the new payee") other than the person named in the authority as the person entitled to receive payment of such sum, the Official Assignee shall issue to the Bank a fresh authority revoking the original authority in so far as it refers to such sum and authorising the Bank to make payment of the said sum to the new payee, and the Bank shall not after receipt of such fresh authority make payment of the said sum to the person named in the original authority as entitled to receive payment thereof. 141. Payment from the Bankruptcy Dividend Account to the Unclaimed Dividend Account or to an estate account shall be made in the manner provided by rule 166 for payments out of an estate account. 142. When the Official Assignee shall be in receipt of any fixed annual or other periodical sum arising out of a bankrupt's or arranging debtor's income, salary or emoluments for payment to creditors, the same shall be distributed among the creditors by way of dividend at such intervals as shall be directed by the Court, subject to all sums properly payable to the Official Assignee for his remuneration, and without its being necessary to appoint public sittings of the Court for that purpose; and in such cases the account of the Official Assignee shall be filed and vouched before the Examiner at such intervals of time as the Court shall direct. Preferential payments in bankruptcy and arrangement. 143. Every person to whom a preferential payment is due desiring to be paid shall make application therefor to the Official Assignee. 144. The Official Assignee shall forthwith bring the said application before the Court. 145. An order for preferential payment may be made by the Court at any time and upon any evidence that the Court shall think sufficient. 146. If the Official Assignee shall so require, a sitting before the Examiner shall be fixed for the ascertaining of preferential debts, and the Official Assignee ten clear days before the date of such sitting shall send notice by post to all persons claiming or stated in the statement of affairs to be entitled to a preferential payment. If any claimant or person so stated to be entitled to such payment having notice of such sitting fails to attend such sitting or to forward sufficient particulars of his claim to the Official Assignee, the claim may be struck out and the Examiner shall state in the memorandum of the sitting, the fact that such claim was struck out. 147. In any case in which a landlord of premises belonging to the bankrupt shall have distrained on any goods or effects of the bankrupt, and have sold the same within three months next before the date of the adjudication, the Court if there are any preferential debts may direct the landlord to pay to the Official Assignee the proceeds of the said sale or so much thereof as may be necessary to meet such preferential debts, and to lodge in Court an account thereof, and vouch the same before the Examiner at a sitting to be appointed for the purpose. The rulings of the Examiner upon the vouching of such account shall be binding and conclusive on such landlord unless varied by the Court. Provided that in respect of any money so lodged the landlord shall have the same rights of priority as the person or persons to whom a preferential payment is made as provided by the Preferential Payments in Bankruptcy (Ireland) Act, 1889, section 4 (4). Final examination. 148. The bankrupt shall ten days before the day appointed for his final examination, if ordered by the Court, but not otherwise, file in the Office an accounting statement in the prescribed form, verified upon oath, together with a copy thereof which the proper officer shall stamp with the stamp of the Office, indorse with the date when received, and transmit to the Official Assignee. It shall be the duty of the bankrupt to attend the Official Assignee and vouch by his books of accounts and other evidence the items in such accounting statement. 149. At the sitting for the final examination of the bankrupt the Official Assignee shall submit to the Court his report respecting the bankruptcy, showing the debts returned as due to the estate, how far such return has been found to be correct, how far the estate has been realised by the assignees, how far the bankrupt has performed the duties imposed upon him by statute and afforded all necessary information and assistance, how far the items in his statement of affairs and accounting statement (if filed) have been vouched and whether in his opinion any other information is required or can be expected from the bankrupt on any matter connected with his estate. Certificate of conformity. 150. When a bankrupt is desirous of applying for a certificate of conformity the time at which the application is to be heard shall be fixed by the Examiner. Notice of the application and of the time so fixed, shall be served by the bankrupt on the assignees, and notice by post shall likewise be given twenty-one days before such day to all creditors entered in the bankrupt's schedule or who shall have proved debts. 151. Where a dividend of less than 50 pence in the pound has been paid out of the bankrupt's property, the Official Assignee shall submit to the Court at the hearing of the application of the bankrupt for his certificate, a report of what matter (if any) have come to the knowledge of the assignees during the realisation of the property, and otherwise to show whether the bankruptcy or failure to pay 50 pence in the pound has arisen from circumstances for which the bankrupt cannot be held responsible or otherwise. 152. The certificate shall be dated of the day on which it is granted, and shall take effect on and from the day of its date, but shall not be delivered to the bankrupt until after the expiration of the time allowed for appeal, or if an appeal be entered, until after the decision on the appeal. After such delivery it shall be gazetted on the bankrupt paying the proper charges. 153. (1) Where a bankrupt who has not obtained his certificate shall, after the passing of his final examination or the close of the bankruptcy, pay or tender to the several creditors who have proved their debts a sum which with the dividend paid previously shall make up a dividend of not less than 50 pence in the pound, and shall desire to obtain his certificate of conformity, he shall file in the Office a statement, verified by affidavit, of the sums so paid or tendered, and when and where paid, with the receipts of the creditors or their representatives for the sums respectively paid to them written on or attached thereto. Thereupon a day shall be fixed for the hearing of the application for the certificate, and a notice thereof shall be served by the bankrupt on the assignees, and shall be given by post twenty-one days before such day to each creditor entered in the bankrupt's statement of affairs or who has proved or claimed a debt under the bankruptcy. (2) Where a creditor who has proved a debt cannot be found or is dead, and no representative is known, the bankrupt may lodge the money payable to such creditor with the Official Assignee to the credit of the matter and of such creditor. (3) At the hearing of the application the bankrupt shall produce a report from the Examiner that a sum equal to a dividend of 50 pence in the pound has been paid to, or lodged for, all the creditors who proved their debts, and thereupon the Court may grant a certificate unless on a representation of creditors under section 56 of the Act of 1872 or otherwise, the Court deems it just to suspend or withhold such certificates. Enforcement of debt against a bankrupt who has not obtained a certificate of conformity. 154. Where after the expiration of a period of three years from the passing of a final examination or the close of the bankruptcy in which the bankrupt has not obtained a certificate of conformity, an application is intended to be made to the Court for its sanction to the enforcement by a creditor of the payment of the balance remaining unpaid of a debt proved under the bankruptcy, such creditor shall file a statement in the Office verified by affidavit showing the dividend paid under the bankruptcy, the balance remaining unpaid and the property against which he seeks to enforce payment and thereupon a time shall be fixed for the hearing of the application and notice thereof according to the prescribed form shall be served personally on the bankrupt and the assignees unless some other mode of service shall be directed by the Court. 155. The Court may refuse the application or adjourn the hearing to some other day, and in such latter case direct the creditor to cause a notice in the prescribed form to be gazetted and inserted in a public newspaper ten days before the day to which the hearing is adjourned, and such insertion shall be vouched before the proper officer on the day previous to the hearing. 156. At the adjourned hearing the Court may hear all persons claiming to be creditors of the bankrupt before or since the passing of the final examination or the close of the bankruptcy, and make such order in the matter as it thinks fit. Records of proceedings. 157. All records of proceedings in bankruptcies or arrangements shall until transferred to the Public Record Office be and continue in the custody of the Examiner. 158. Proper books according to the forms now in use or in such other form as may be sanctioned by the Judge shall be kept in each branch of the Office. 159. The Examiner shall keep a book called "The Minute Book," which shall contain entries in regular order of all the proceedings at every sitting of the Court. The Examiner or officer in attendance shall enter in that book all the proceedings and the orders made, and the parties present at each sitting of the Court. All affidavits and documents used at the sitting and the memorandum or record of the proceedings had, or orders made, at such sitting, signed by the Examiner or such officer, shall be filed in the Office. Official Assignee. 160. The Official Assignee shall not, directly or indirectly, carry on any trade or business, or hold or be engaged in any office or employment other than his office and employment as Official Assignee. 161. The Official Assignee shall on an adjudication deliver personally or transmit by post to the bankrupt a notice requiring him to furnish lists of his debtors and creditors and to make full disclosure of his estate and effects. On being furnished with the list of the bankrupt's creditors, the Official Assignee shall examine the same with the aid of the bankrupt's books so as to be prepared to oppose improper proofs at the sitting for the choice of assignees. 162. The Official Assignee, immediately on receiving the statement of affairs of the bankrupt, shall examine the same, and shall communicate fully with the creditor's assignee (if any) and with the solicitor for the assignees, and with the bankrupt, upon any part of the statement as he shall consider necessary. 163. In every adjudication against two or more partners the Official Assignee shall keep in his books distinct accounts of the joint estate and of each separate estate, and shall produce to the Court such distinct and separate accounts at every audit. 164. All moneys ordered by the Court to be invested shall be invested in the names of the assignees, unless otherwise directed by the Court and no investment shall be sold or transferred, except pursuant to the order of the Court, a copy of which, signed by the Judge, shall be lodged with the proper officer in the Bank before such transfer shall be made. 165. The Official Assignee shall in every matter of bankruptcy or arrangement in which he receives money or other funds cause an account to be opened in the books of the Bank to be headed:— Record No. The Estate of ............................................................ .......................................... (as the case may be) Arranging debtor The Official Assignee shall forthwith lodge in the Bank to such account all moneys and other funds received by him in that matter. 166. No payment or transfer shall be made by the Bank out of any such estate account, except upon a draft or authority in the prescribed form signed by the Official Assignee and counter-signed by the Examiner. 167. In addition to the account to be opened for each such matter a general cash account to be called the "Bankruptcy General Account" shall be kept by the Bank in which the Official Assignee shall be credited with the lodgments to credit of the respective estate accounts under his charge, and shall be debited with the payments made by him out of the said respective estate accounts. 168. For the purpose of providing temporarily for payments for which no funds are immediately available in the particular estate against which they are chargeable, a standing imprest or advance of £800 shall be issued to the Official Assignee out of the Unclaimed Dividends Account for which sum the Official Assignee shall be personally accountable to the Court. The Official Assignee may make such advances out of the said imprest as he shall deem advisable. The Official Assignee shall, in every case in which he shall so make advances be recouped the amount properly advanced out of the first moneys lodged to credit of the estate for which the advance is made which are applicable to the recoupment; provided, however, that this rule shall not be construed as exonerating a petitioning creditor from indemnifying the Official Assignee in respect of expenses as provided by rule 35. 169. On or before the 31st January and the 31st July in every year the Official Assignee shall lodge with the Examiner a verified statement in the prescribed form, showing respectively to the 31st December and the 30th June then next preceding, the total amounts of his receipts and payments in respect of every matter of bankruptcy and arrangement on account of which money has been received or paid in the six months ending on the said last mentioned days, or upon which there remained any balance of money or any property undisposed of at the commencement of the said period of six months, and showing the balance (if any) in respect of each such matter at the close of the period to which the said statement relates. 170. (1) If any unnecessary delay shall take place in any proceedings in bankruptcy or arrangement the bankrupt or the arranging debtor or any creditor, assignee or trustee shall be at liberty to bring the matter before the Court. (2) If it shall appear that the Official Assignee has neglected to account forthwith, the Examiner shall report such neglect to the Court. The Unclaimed Dividend Account. 171. To the "Unclaimed Dividend Account" kept in the books of the Bank, the Official Assignee shall at such times as may be directed by the Judge transfer all unpaid dividends, or compositions or other unclaimed moneys remaining in his hands, and the Unclaimed Dividend Account shall be subject to the provisions of section 77 of the Act of 1872 as regards the Official Assignee and also to the provisions of the Supreme Court of Judicature (Ireland) Act, 1877, section 85, so far as applicable. 172. Any application for payment of an unclaimed dividend shall be made by lodging the prescribed form in the Office and, if found correct, the Examiner shall make out his draft upon the Unclaimed Dividend Account for the amount thereof, if the same shall be over £100 and shall not exceed £500, and shall issue the draft when signed by the Judge; but if the amount of the dividend shall exceed £500, the draft for payment thereof shall not be made out or issued except upon an order of the Court, which may be obtained by motion ex parte. 173. In order to facilitate payment of dividends out of the Unclaimed Dividends Account for sums less than £100, an account shall be opened at the Bank, to be called the "Bankruptcy Drawing Account," which shall be as occasion requires supplied with money from the Unclaimed Dividends Account under the order of the Judge, and dividends less than £100 shall be paid by draft, signed by the Examiner upon the Bankruptcy Drawing Account. Proceedings in local courts. 174. A register shall be kept in the Office wherein shall be entered from time to time particulars of such proceedings as may be notified to the Examiner under the Rules for the Local Bankruptcy Courts, Ireland, made the 28th December, 1888, or any modification thereof, or of such proceedings as the Judge may direct to be entered. The said register shall be open to inspection by all persons upon payment of such fees as may be prescribed. 175. When any matter pending in the Court has been transferred to a local court of bankruptcy, the Examiner shall cause all the proceedings in the said matter to be transmitted to the registrar of the local court, and the Official Assignee shall transmit all books, documents and papers in his possession relating to the said matter to the official assignee of the local court of bankruptcy. The Examiner may direct some person to bring the said proceedings, books, documents and papers to such local court, and reasonable expenses to such person shall be allowed out of the estate on production of a written direction of the Examiner. 176. If the Official Assignee shall have received or expended any money in the matter so transferred to the local court he shall forthwith bring in an account of the same and vouch it before the Examiner, and the balance appearing to be in the hands of the Official Assignee on foot of such account shall, subject to rule 178 be forthwith transmitted by cheque signed by the Official Assignee and countersigned by the Examiner to the official assignee of the local court, together with a copy of the said account. 177. If the Official Assignee shall subsequently receive any further documents or papers or sums of money relating to any matter so transferred, he shall immediately on receipt of the same transmit them to the official assignee of the local court and he shall also furnish to the said official assignee, if so required, copies of all letters written by him in relation to the said matter and he shall give the official assignee of the local court all further information in his power relating to the said matter. 178. The local court may out of the funds to credit of any matter thus transferred, whether such funds were received before or after the order for transfer, allow to the Official Assignee such sum in respect of expenses and remuneration as may be allowed by the Court or by the Examiner, and said sum may be deducted out of the balance mentioned in rule 176 before same is transmitted under the said rule. 179. When any matter is transferred from a local court to the Court or from the Court to a local court, the Judge of the court to which such matter is transferred, shall possess the same power and jurisdiction in all respects in relation thereto, as if such matter had originated in his court, and all orders previous to the transfer had been made therein. 180. The Court may under special circumstances retransfer a matter which has been already transferred to the court in which the same originated. 181. In all cases not provided for by these Rules the principles, practice and rules on which the courts having jurisdiction in bankruptcy, insolvency or arrangement have heretofore acted in dealing with bankruptcy, insolvency or arrangement proceedings shall be observed. ORDER 77. FUNDS IN COURT. 1. In this Order the following terms shall have the several meanings hereby assigned to them:— "carry-over" in relation to a fund in Court means to transfer the fund or any part thereof from one account to another in the Accountant's books, and cognate words shall be construed accordingly. "ledger credit" means the title of the cause or matter and the separate account (if any) opened or to be opened under an order or otherwise in the books of the Accountant to which any funds are credited or to be credited. Preparation of orders to be acted upon by the Accountant and particulars relating thereto. 2. (1) Every order which directs funds to be lodged in Court shall have annexed thereto as part thereof a schedule, to be styled the Lodgment Schedule, which shall be headed with the title of the cause or matter, the date of the order, and the title of the ledger credit to which the funds are to be placed; and shall set out in a tabular form:— ) the name, or a sufficiently identifying description of the person, by whom the funds are to be lodged; ) the amount, if ascertained, and the description of the funds. (2) When an order has directed the sale of any property and the lodgment of the proceeds thereof in Court or has directed the lodgment of funds due from persons liable to account, the authority for such lodgment may be a lodgment schedule signed by the Examiner or Registrar; and such lodgment schedule shall operate in the same manner as a lodgment schedule annexed to an order. 3. Every order which directs funds in Court to be paid, sold, transferred or delivered, or carried over to any other ledger credit than that to which the same are standing, or to be otherwise dealt with by the Accountant, shall have annexed thereto as part thereof a schedule, to be styled the Payment Schedule, which shall be headed with the title of the cause or matter with its record number, the date of the order, and the ledger credit to which the funds dealt with are standing. The payment schedule shall contain as part of the heading a statement of the funds with which, or with part of which, or with the interest or dividends on which the Accountant is to deal, describing them, if already in Court, as they appear in the Accountant's certificate, or if not already in Court, stating the source from which they are to be derived. The payment schedule shall set out in a tabular form— ) the name of each person to whom payment, transfer, or delivery of any funds is to be made, unless the name is to be stated in a certificate of the Examiner, Registrar or Taxing Master, or unless such payment, transfer or delivery is to be made to trustees or other persons in succession, or to representatives when no probate or letters of administration shall have been taken out at the date of the order; ) the name shall be in full (the given name preceding the surname) except in the case of a payment to a firm or company when the business title of such firm or company may be stated; and if the payment, transfer or delivery is to be made to a woman, her description, whether spinster, married woman or widow, shall be set forth; ) when a payment is to be made to a person named in the schedule, the address (if known at the time of preparing the schedule) of such person or, in the case of a payment to two or more persons jointly, of one of such persons, shall be stated in the schedule; ) when the person is entitled as a trustee, executor, or administrator, or otherwise than in his own right or for his own use, the fact shall be stated; ) when the payment is directed to be made during the minority of an infant, the date of birth shall be stated; ) the title of the ledger credit or separate account to which any funds are to be carried over; ) the amount and description of the funds in each case to be paid, sold, transferred, delivered, or carried over so far as the same can be then stated; and where the act ual amounts to be dealt with cannot be ascertained at the date of the order, and are not to be subsequently ascertained by any means provided for by the order or by this Order, the several parts to be dealt with; ) the nature and necessary particulars of any other dealings with such funds by the Accountant; ) when stock equivalent to an ascertained sum of cash is ordered to be transferred, or carried over, or cash equivalent to an ascertained sum of stock is to be paid or carried over, such ascertained sum of stock or cash shall be expressed in the schedule in the proper column. (2) In the body of the schedule short descriptions may be used, and it shall not be necessary to add that the specific amounts dealt with form part of the larger amount of any like funds mentioned in the heading. When an order merely substitutes the name of one person for that of another mentioned in a former order the amount of the funds to be dealt with may be stated by reference to the former order. The word "interest" in the schedule shall, unless otherwise specified, mean the dividends and interest on all the funds mentioned in the heading. 4. When funds in Court are by an order directed to be carried over to a separate account, the title of the ledger credit to be opened for the purpose, shall, unless the order otherwise directs, commence with the title of the cause or matter to which such funds are standing. 5. Every order which directs or authorises the lodgment of funds in Court and also deals with such funds or any part thereof, or with any funds already in Court to the same ledger credit, shall have annexed thereto as part thereof a combined lodgment and payment schedule, in the Form No. 3 in Appendix P. 6. When funds to be lodged in Court under an order are by the same order directed to be placed to two or more ledger credits, separate lodgment schedules shall be made out for such respective ledger credits; and when funds standing to two or more ledger credits are dealt with by the same order, separate payment schedules shall be made out for such ledger credits respectively. 7. The lodgment and payment schedules, respectively, shall contain the whole of the instructions intended by the orders of which they severally form part to be acted upon by the Accountant, and all particulars necessary to be known by him, so far as such instructions and particulars are capable of being expressed at the date of the order and the Accountant shall only be responsible for giving effect to such instructions so intended to be given by the order as are expressed in the lodgment or payment schedule thereto. The instructions and particulars contained in a lodgment or payment schedule shall not be set forth in the body of the order, but shall only be therein referred to as appearing by the schedule, unless for any special cause it shall in the opinion of the Judge by whom the order is made, or the Registrar by whom the same is drawn up, be necessary to set forth some part of such instructions or particulars both in the body of the order and in the schedule. 8. When an order directs any sums to be ascertained by the certificate of the Examiner, Registrar or Taxing Master, or in any other manner, and to be afterwards dealt with by the Accountant, it shall be so expressed in the payment schedule; and such certificate or other authority, or an attested copy of the same, or of so much thereof as shall be necessary, shall be sent to the Accountant. Such certificate shall be in the Form No. 4 in Appendix P. 9. When an order directs payment out of a fund in Court of any costs directed to be taxed, the Taxing Master shall state in his certificate the name and address of the person to whom such costs are payable. Such certificate shall be in the Form No. 5 in Appendix P, and an attested copy thereof shall be sent to the Accountant. 11. When an order directs payment of interest in respect of any money in Court without being certified by the Examiner, Registrar, Taxing Master or other person, the payment schedule shall state the rate of interest, the period for which it is to be computed or (where that period cannot be fixed by the order) the day from which it is to be computed, and the amount of such interest (if ascertainable at the date of the order). 12. In every case in which interest is to be computed, income tax (if any) shall, in making such computation, be deducted therefrom at the rate payable during the time such interest accrues, unless the order otherwise directs. The Accountant shall pay the amount of tax deducted to the Accountant General of Revenue (Cashier). 13. Whenever the dealing by the Accountant with funds in Court is by an order made contingent upon the execution of some document it shall be so expressed in the payment schedule. The execution of such document shall be certified by the Examiner or Registrar unless the order directs that it be verified by affidavit, and such certificate or affidavit shall state the particular amount of funds to be dealt with. Such certificate shall be in the Form No. 6 in Appendix P. 14. When an order directs the payment of dividends, annuities, or other periodical payments, to be made by the Accountant there shall be stated in the payment schedule (except in the case of dividends payable as they accrue due) the time when, and the name and address of the person to whom the first of such payments and the times when all subsequent periodical payments, whether quarterly, half-yearly, yearly, or otherwise, are to be made. 15. When an order directs the payment, transfer or delivery of funds in Court in respect of which legacy or succession duty shall be payable, and does not direct the payment of such duty, it shall be stated in the payment schedule that such payment, transfer or delivery is subject to duty, and in such case the Accountant is to have regard to the circumstance that such duty is payable; and when by an order funds in respect of which such duty may be chargeable are directed to be invested, carried over, or placed to a separate account, the words "subject to duty" shall be added in the schedule to the separate account directed to be opened. 16. When a person to whom payment, transfer, or delivery of funds in Court is directed is entitled thereto as real estate, or as trustee, executor, administrator, or otherwise than in his own right or for his own use, the fact that he is entitled to the same as real estate, or the character in which he is so entitled, shall be stated in the payment schedule to the order, or in the certificate of the Examiner or Taxing Master. 17. Every notice of motion which deals in any way with funds in Court shall have a schedule annexed thereto containing the particulars, so far as the same have been ascertained, which are required by this Order to be contained in the order sought thereby, and in the same form as a lodgment schedule or a payment schedule, as the case may be. When the person, credit, or amount in any case has not been ascertained, and it is sought that the same shall be ascertained by the order to be made on such notice, the schedule thereto shall be filled in the proper columns thereof with the name, credit, or amount proposed, and in case that cannot be done without an order, blanks shall be left in the proper places in the schedule to be filled by the proper officer on the hearing of the motion. 18. The payment schedule annexed to any order for the payment, transfer or delivery of any funds shall be filed in the Central Office (except in the case of Wards of Court when it shall be filed in the Office of Wards of Court), and an attested copy thereof shall be bespoken by the party having carriage of the proceedings and lodged with or sent to the Accountant. 19. An attested copy of the schedules to an order shall be the Accountant's authority for giving effect to the several operations directed therein. No part of the order other than the schedules thereto shall be sent to the Accountant. Lodgment of funds in Court. 20. (1) All moneys to be lodged in Court shall be paid in at the Bank and placed in the books of the Bank to the account of the Accountant; and the Bank shall cause a receipt to be given to the person making the payment. (2) All securities to be transferred into Court shall be transferred to the said account in the books of the Bank, or any company, or other body corporate in whose books such securities are registered. (3) Any effects brought to the Bank to be deposited in Court to the said account shall be deposited in locked boxes or in such other manner as shall satisfy the Bank, and before taking custody of a box the officer acting on behalf of the Bank may, at his discretion, require an inspection of its contents in the presence of the person depositing it. (4) Cheques for lodgment of money in Court shall be made payable to the Bank of Ireland for the account of the Accountant. 21. (1) A direction for a lodgment, pursuant to an order or a lodgment schedule signed by the Examiner, shall be issued by the Accountant upon receipt of a copy of the lodgment schedule; and a direction for a lodgment under the Trustee Act, 1893, or the Judicature Act, 1877, section 28 (6), shall be issued by him upon receipt of an attested copy of the schedule mentioned in rule 29. (2) A lodgment of funds in Court not directed by an order may be made upon a direction to the Bank or other company, to be issued by the Accountant on a request signed by or on behalf of the person desiring to make such lodgment; provided that no such lodgment shall be placed in the Accountant's books to a separate account in a cause or matter unless an order has directed such separate account to be opened. (3) The request for a direction under this rule shall state the name of the person by or on whose behalf the funds are to be lodged, the ledger credit in the Accountant's books to which the funds are to be placed, and the date of the authority or certificate (if any) in pursuance of which the funds are to be lodged. Where a lodgment is made pursuant to Order 22 the request shall state whether it is to be placed on deposit. Where so placed on deposit the defendant shall be entitled to the interest accruing thereon and said interest shall not be treated for the purpose of Order 22 rule 6 as part of the amount paid into Court. (4) In cases of funds to be lodged in pursuance of the Lands Clauses Consolidation Act, 1845, or of the Railways Act (Ireland), 1851, and of any Act incorporating the same, the further particulars required under rule 28 shall be stated in the request; and when (otherwise than as hereinbefore provided) funds are to be lodged in Court in pursuance of a statute under which some specific authority is necessary for such lodgment, the request for a direction for lodgment shall contain a reference to such statute and authority, and the requisite authority shall be left at the Accountant's Office. (5) The requests under this rule shall be in the Forms Nos. 7, 8 and 9 in Appendix P. 22. When a lodgment is made pursuant to Order 22 the notice or pleading shall be produced at the Bank, and a receipt for the lodgment shall be given thereon. 23. In admiralty actions the request for lodgment shall include the name of the ship or the description of the property in relation to which the action is brought. 24.

In every case of a lodgment under the provisions of Order 22, the Accountant shall cause an entry to be made in his book indicating the circumstances under which the money is stated to be lodged. 25. A request or authority for the issue by the Accountant of a direction for the lodgment of funds in Court may be sent to the Accountant by post, and, if so desired by the person sending the same, the Accountant shall send such direction by post to the address specified by such person. 26. A person directed by an order to make a lodgment in Court shall be at liberty to make the same without further order, notwithstanding the order may not have been served, or the time thereby limited for making such lodgment may have expired; and if any further sum of money has by reason of such default become payable by such person for interest, or in respect of dividends, he shall be at liberty to lodge in Court such further sum upon a request as hereinbefore provided; provided that any such subsequent lodgment shall not affect or prejudice any liability, process, or other consequence to which such person may have become subject by reason of his default in making the same within the time so limited. 28. Money lodged in Court pursuant to the Lands Clauses Consolidation Act, 1845, section 69, and any statute incorporating the same, shall be placed in the books of the Accountant to the credit of ex parte the promoters of the undertaking, in the matter of the special Act (citing it) and some words shall be added in each case briefly expressive of the nature of the disability to sell and convey, by reason of which the money shall be so paid in, which particulars shall be stated in the request for the direction for the lodgment. ) his name and address; ) the amount and description of the funds proposed to be lodged in Court; ) the ledger credit in the matter of the particular trust or debt to which the funds are to be placed; ) a statement whether legacy or succession duty (if chargeable) or any part thereof has or has not been paid; ) a statement whether the money or the dividend on the securities so to be lodged in Court, and all accumulations of dividends thereon, are desired to be invested in any and what description of authorised securities, or whether it is deemed unnecessary to invest the same. An attested copy of such schedule is to be left with the Accountant. 30. Any principal money or dividends received by the Bank in respect of securities standing to the Accountant's account shall be placed in the books of the Accountant's Office, in the case of principal money to the credit to which the securities whereon such money arose were standing at the time of the receipt thereof, and in the case of dividends to the credit to which the securities whereon such dividends accrued were standing at the time of the closing of the transfer books of such securities previously to the dividend becoming due. Appropriation under Order 22, rule 9, of money lodged in Court. 31. When a defendant has lodged money in Court as a condition of liberty to defend and desires to appropriate the whole or any part of such money to the whole or any specified portion of the plaintiff's claim pursuant to Order 22, rule 9, he or his solicitor shall leave at the Accountant's Office a notice of such appropriation in the Form No. 10 in Appendix P and thereupon for the purpose of payment out of Court the money mentioned in the notice shall be subject to the provisions of rule 32. The person leaving such notice shall produce therewith the original receipt of the Bank for the amount lodged. Payment, delivery and transfer of funds out of Court, and other dealings with the funds. 32. (1) When money has been lodged in satisfaction of a claim under Order 22, payment shall be made by the Accountant to the person in satisfaction of whose claim it has been lodged, or to the person otherwise entitled thereto, or, on the written authority of either such person respectively, to his solicitor, upon receipt of a notification that the plaintiff accepts the sum lodged in satisfaction, and that due notice has been given of such acceptance, within the time limited by Order 22, rule 4, and upon a request or authority for payment of the same; such notification and request or authority to be in the Form No. 11 in Appendix P; provided that no payment shall be made under this rule ( ) where a defence of tender before action has been pleaded, or ( ) where money has been lodged by one or more of several defendants, or ( ) where the claim is made by or for the benefit of an infant or person of unsound mind. (2) When a request is made for payment of money lodged in Court, on a notice, the original receipt and notice shall whenever so required be produced to the Accountant. (3) Except as in this rule provided, the money so lodged shall only be paid out in pursuance of an order. 33. Except as provided in the rules of this Order and subject to the provisions therein contained funds in Court shall not be paid delivered or transferred out of Court nor invested sold or carried over unless in pursuance of an order. 34. (1) Every direction for the payment, delivery, or transfer of funds or securities out of Court, of for the sale, investment, or carrying over of funds, shall be signed by the Accountant, or in his absence by the deputy Accountant. (2) Where such direction is:— ) a direction for the payment of dividends, ) a direction for the purpose of a periodical payment, sale, investment, or carry over under an order, or ) a direction given in pursuance of these Rules without any order, the direction shall be countersigned by the Chief Clerk or by such other clerk in the Accountant's Office as shall be appointed for that purpose by the Accountant. (3) In every other case, unless otherwise provided in these Rules, the direction shall be countersigned by a Registrar, or such other officer as may be nominated for that purpose by the President of the High Court. 35. Directions to be countersigned by an officer not employed in the Accountant's Office shall be sent to such officer for that purpose by the Accountant and be returned by him to the Accountant. 36. An officer countersigning any such direction shall compare it with the copy of the schedule as filed and entered, and shall satisfy himself that such direction is authorised by and in conformity with such schedule. Such officer shall note the directions which he countersigns, and the date of countersigning, in the copy of the schedule. 37. The name of every officer authorised to countersign directions issued by the Accountant shall be notified to the Bank and to any other company required to act on such directions together with the time for which, in the case of temporary appointment, the same are to continue; and such notification shall be, under the hand of the Accountant so far as relates to officers in his Office, under the hand of the Registrar of Wards of Court so far as relates to officers in the Office of Wards of Court, and in all other cases under the hand of the Master. 38. Directions countersigned by any such officer during the continuance of his authority shall be sufficient, although the same shall not be presented to be acted on till after his authority shall have ended. 39. (1) A person entitled under an order to any dividend, annuity or other periodical payment, may send to the Accountant from time to time as such payment accrues due, a written request in the prescribed form signed by such person, and the Accountant shall forward the direction for payment by post addressed to such person at his address as stated in the request. Where the person entitled to receive payment is a body corporate, or in any other case where evidence of life is not required, the Accountant may forward the direction to such person by post without such request. (2) Where the payment is not such a periodical payment as is mentioned in paragraph (1) hereof, the following provisions shall apply:— ) if within fourteen days of the order directing payment, the person entitled to receive payment attends personally at the Office of the Accountant and furnishes evidence of his identity sufficient to satisfy the Accountant, the Accountant shall deliver the direction for payment to such person, if he so requests; ) if within the said period of fourteen days the person entitled to receive payment sends to the Accountant a written request in the prescribed form, attested by a peace commissioner, or a commissioner for oaths, or a notary public, the direction for payment shall be sent by post to such person at his address as stated in the request; ) if a power of attorney in the Form No. 12 in Appendix P executed by the person entitled to receive payment and attested in accordance with the instructions appended to such form is sent or delivered to the Accountant, he may deliver the direction for payment or send it by post to the attorney nominated by the power. (3) The direction for payment shall in all cases be a draft payable to the person entitled to receive the money, and crossed so as to be payable only through a banker. 40. The directions of the Accountant issued under this Order (signed and countersigned by such officers as hereinbefore in that behalf mentioned) shall be sufficient authority to the Bank for the payment of the money specified in any such directions, and shall be the necessary and sufficient evidence of an order to authorise the Bank or other company to transfer, on sale or otherwise, or to deliver, any securities or boxes or other effects standing to the account of the Accountant which may be specified in any such directions. 41. When payment is made by the Bank under a direction or other document by which payment of money is to be effected, such payment shall be a good discharge to the Accountant for the amount therein expressed if such direction or document has been indorsed or signed by the payee or his lawful attorney or if such payment is made, without such indorsement or signature, by the Bank in good faith and in the ordinary course of business to the credit of the payee's account at the Bank or to another bank for the credit of the payee's account at that bank. 42. (1) When money in Court or any sum payable thereout is by an order directed to be paid to any public officer or department, or to the official liquidator of any company, or any other official person for whom an account is kept at the Bank, payment thereof shall, on a requisition to that effect be made by a direction to the Bank to transfer the amount of such payment to the account at the Bank of such public officer or official person accordingly. (2) When a person to whom money is payable in his own right under an order is bankrupt, the Accountant, upon the request of the Official Assignee or other duly authorised person, shall transfer the amount so payable to the proper account at the Bank. (2) When stock or securities in Court are directed or required to be sold, the transfer of such stock or securities shall not be made until the proceeds of such sale, after deduction of broker's commission, shall have been paid to the account of the Accountant. 44. When securities in Court are directed to be transferred, delivered out, or carried over, dividends accruing thereon subsequently to the date of the order directing the transfer, delivery, or carrying over (when the amount of the securities to be transferred, delivered, or carried over is specified in such order, or if not so specified, then subsequently to the time when the amount of such securities shall be ascertained) shall be paid to the persons to whom or carried over to the credit to which the securities are to be transferred, delivered, or carried over, unless such order otherwise directs. When securities in Court are directed to be realised, and the whole of the proceeds paid out or carried over in one sum, or in separate sums (except when the realisation is to raise a specific sum of money), any dividends accruing on such securities subsequent to the date of the order directing the realisation (if the amount of such securities is specified in the order, or if not so specified, then subsequently to the time when such amount shall be ascertained) shall be added to such proceeds, and applied in like manner therewith, unless such order otherwise directs. 45. When such dividends as in rule 44 mentioned have, pursuant to a general or other previous order, been invested, the securities purchased with such dividends shall unless otherwise directed, be transferred or delivered, and any dividends accrued in respect thereof be paid to the persons to whom or carried over to the credit to which such first-mentioned dividends would if uninvested have been paid or carried over. 46. When under any order, dividends on securities in Court are directed to be dealt with, and a subsequent order is made dealing with part of such securities, the dividends on the residue shall, unless such subsequent order shall otherwise direct, continue to be dealt with in the same manner as the dividends on such securities were by the prior order directed to be dealt with. 47. When an order has directed payment, transfer or delivery of funds to a woman who afterwards marries, no payment, transfer or delivery shall be made after her marriage until she satisfies the Accountant, by production of a certificate of her marriage or otherwise, that she is the person entitled to such payment, transfer or delivery. 49. (1) When money in Court is by an order directed to be paid to any persons described in the order, or in a certificate of the Examiner, Registrar or Taxing Master, as co-partners or as trading or carrying on business in the name of a company or firm, such money may be paid to any one or more of such co-partners, or to the survivor of them. (2) When a company to which money is directed to be paid is being wound up under the Companies Act, 1963 , the Accountant, upon proof of the appointment of a liquidator and upon his request, under the seal of the company, may pay to him the amount so payable. The draft shall be specially crossed to the account of the company (in liquidation) at a bank to be named by the liquidator. Payment to an official liquidator may be made by transfer under rule 42 (1). (2) When money not exceeding £5,000 in amount is payable to two or more persons described in an order or in a certificate or under rule 48 as legal personal representatives, payment of the same may be made to any one of them, unless the order otherwise directs. 51. No funds shall, under rules 48 and 50 be paid, transferred, or delivered out of Court to the legal personal representatives of any person under any probate or letters of administration purporting to be granted at any time subsequent to the expiration of six years from the date of the order, directing such payment, transfer, or delivery, or in case such funds consist of interest or dividends from the date of the last receipt of such interest or dividends under such order. 52. The Accountant, on receiving notice from the proper officer in any case that legacy or succession duty is payable, shall cause a memorandum to that effect to be made in his books. 53. When the dividends or interest out of which the annuities are to be paid have not been subjected to a deduction for income tax at the source, the deduction for income tax from the annuities shall be made at the rate payable when such annuities became due, and the Accountant shall transfer the tax deducted from such annuities to the proper account of the Revenue Commissioners unless in any case the Court shall otherwise direct, or a certificate is produced from the Revenue Commissioners that no claim is made by them in respect of such tax. 54. When an order directs an investment and accumulation of dividends accruing on securities in Court, or to be transferred into Court, or directed to be purchased with money in Court, or to be lodged in Court, the Accountant, upon receipt of the copy of such order, shall without any request, from time to time (until he shall receive a request or copy of an order to the contrary), invest such dividends as soon as may be convenient when and so often as the dividends received by him and remaining uninvested amount to or exceed £100. 55. The Accountant shall after the expiration of six months from the lodgment without any order or request invest all sums of cash not less than £500 lodged in Court in authorised securities, unless the Court shall otherwise direct, or a request that the same shall not be invested, signed by the party or solicitor having carriage of the cause or matter in which the same shall have been lodged, shall be left with the Accountant. This rule shall not apply to money lodged in Court with defence. 56. A sum of money amounting to or exceeding £200 lodged in Court under 54 Geo. III, c. 92, section 33, shall, upon a request signed by or on behalf of the person paying it in, or by or on behalf of a person claiming to be entitled thereto or interested therein, be invested (without an order) in the authorised securities specified in such request; and the dividends accruing in respect thereof, when or so soon as they shall amount to or exceed £100, shall be from time to time invested in like securities. If such money shall have been placed on deposit before such request shall be left at the Accountant's Office, such money and any interest to be credited in respect thereof, if amounting to £200, shall, upon a like request, be withdrawn from deposit and invested as before mentioned. Dividends accruing on funds or on investments or accumulations of funds already lodged in Court under the said Act, may, when or so often as they amount to or exceed £100, be invested in like manner. 57. When it is stated in the schedule to the affidavit made pursuant to rule 29 that it is desired that any money to be lodged in Court, or the dividends accruing on any securities to be lodged in Court in pursuance of the Trustee Act, 1893, or the Judicature Act, 1877, section 28 (6) and the accumulations thereof, shall be invested in any description of authorised securities, the Accountant shall (if or so soon as such money shall amount to or exceed £200, or so soon as dividends accruing on such securities shall amount to or exceed £100) invest the same accordingly, without any order or further request for that purpose. 58. (1) In all cases, upon a request signed by a solicitor acting on behalf of any person claiming to be entitled to or interested in securities in Court, that the dividends or interest accruing on any specified securities may not be invested, being at any time left at the Accountant's Office, the Accountant shall be at liberty to cease to invest any more dividends or interest accruing on such securities or to place the same on deposit until he has received an order dealing therewith. (2) Upon a request signed by a solicitor, acting onbehalf of a person interested, and countersigned by the Examiner or Registrar, containing a notification that principal money directed to be invested is about to be otherwise dealt with by an order, the Accountant shall be at liberty to stay the investment of such money pending the receipt of an order dealing therewith. 59. Every application for the purpose of varying any investment shall be served upon any person interested and upon such other person as the Court shall direct. Calculation of residues, evidence of life, etc. 60. For the purpose of ascertaining the amounts of any residue or aliquot part of money or securities dealt with by an order when such amounts cannot be stated in the payment schedule and are not directed to be certified, the necessary calculations shall be made in the office of the Accountant; provided that the Accountant may require such calculations to be first stated in a certificate signed by the solicitor of the party interested. 61. When any person is entitled, under an order, to receive dividends or other periodical payments from the Accountant's Office, and the Accountant requires evidence of life or of the fulfilment of any conditions affecting such payments, such evidence may be furnished by a declaration signed by a solicitor acting on behalf of such person, or by a declaration signed by the person entitled to the payment, and attested by a peace commissioner, a commissioner for oaths, or a notary public; and the Accountant shall act on such evidence unless in any case he thinks fit to require such evidence to be by statutory declaration or affidavit. 62. When in carrying into effect the directions of an order, evidence is required by the Accountant for any purposes other than those included in rule 61, he may receive and act upon an affidavit, or upon a statutory declaration, and every such affidavit or statutory declaration shall be filed in the Central Office when the Accountant shall consider it necessary. Deposits under the Trade Union Act, 1941 63. In this Part of this Order— "the Act" means the Trade Union Act, 1941 (No. 22 of 1941). 64. the Accountant may accept all or any part of a deposit in authorised securities. 65. (1) Pending or in default of any request by a depositor as to the investment of such part of a deposit made under the Act as is made in money, the Accountant may place such money on deposit receipt in the Bank. (2) A request, signed by the secretary or treasurer of the depositor, shall, without any order, be a sufficient authority for the Accountant either as the case may be to invest such part of a deposit made under the Act as is made in money in the authorised securities specified in such request or to vary the authorised securities to which the request relates into the other authorised securities specified in such request. Such request shall be in the Forms Nos. 14 or 15 in Appendix P. 66. On the receipt of a request the Accountant shall pay the income from time to time as received from the securities in which such deposit or any part thereof is for the time being invested to the bankers of the depositor for the account of the depositor or in such other manner as may be indicated in the request. A request, signed by the secretary or treasurer of the depositor, shall, without any order be a sufficient authority for the Accountant to pay such income to such bankers or in such other manner, as the case may be, unless and until the Accountant receives a subsequent request for payment in a different manner. Any request under this rule shall be in the Form No. 16 in Appendix P, provided that, where payment is required in any manner other than by payment to the bankers of the depositor, such request shall be accompanied by a statutory declaration in the Form No. 17 in Appendix P. 67. A request, signed by the secretary and the treasurer of a depositor, shall without any order, be sufficient authority for the Accountant to pay or transfer to the depositor in accordance with such request all or any part of the deposit or so much thereof as has not already been paid out in pursuance of an order under Part II of the Act, such request shall be in the Form No. 18 in Appendix P; provided that where payment of money is requested otherwise than to the bankers of a depositor or where a transfer of securities is requested, such request shall be accompanied by a statutory declaration in the Form No. 19 in Appendix P. 68. In any case in which, under this Part of this Order, a request is required to be accompanied by a statutory declaration the Accountant may require such further evidence of verification of the matters stated in such declaration as he may think fit before complying with the request. 69. The Accountant shall, immediately after the return of a deposit or of part thereof, give notice to the Minister for Industry and Commerce of such return and of the amount returned. 70. Whenever any money is paid out of a deposit pursuant to section 16 of the Act, the Accountant shall, as soon as may be, give notice to the trade union concerned of the deficiency (if any) mentioned in the said section and of the amount thereof. Deposits under the Central Bank Act, 1942 71. In this Part of this Order:— "the Act" means the Central Bank Act, 1942 (No. 22 of 1942). 72. Any deposit under Part V of the Act, whether by way of original deposit or of addition thereto, may, without an order, be placed in the books of the Accountant entitled: "Ex parte (depositor's name) In the matter of the Central Bank Act, 1942 provided that no real security shall be deposited under Part V of the Act, whether by way of original deposit or addition thereto, without an order. 73. (1) Pending or in default of a request by a depositor for the investment of such part of a deposit made under Part V of the Act as is made in money, the Accountant may place such money on deposit receipt in the Bank. (2) A request signed by or on behalf of the depositor shall, without an order, be a sufficient authority for the Accountant to do all or any of the following things:— ) to invest such money or a specified part thereof in authorised securities specified in such request; ) to vary the authorised securities to which such request relates into other authorised securities specified in such request, whether by way of sale and re-investment or by way of transfer of such authorised securities to the depositor in exchange for an equivalent amount of such other authorised securities. ) to sell and convert into money the authorised securities to which such request relates; provided that no such investment shall be made in real securities. 74. A request, signed by or on behalf of the depositor, shall, without an order be a sufficient authority for the Accountant to pay to the depositor the income from time to time as received from the securities in which a deposit or any part thereof made under Part V of the Act is for the time being invested. 75. A request, signed by or on behalf of a depositor shall, without an order, be a sufficient authority for the Accountant to pay or transfer to such depositor in accordance with such request all or any part of a deposit made under Part V of the Act or so much thereof as has not already been paid out in pursuance of the provisions of section 45 of the Act. 76. Where any request made under this Part of this Order is signed by a person purporting to act on behalf of a depositor, the Accountant may require evidence that the person so signing is properly authorised to make such request. Such evidence may be furnished by a certificate signed by a solicitor acting on behalf of the depositor unless in any case the Accountant requires such evidence to be by statutory declaration or affidavit. 77. The Accountant may, in any case, notwithstanding anything in this Part of this Order, decline to act without an order. Deposits under the Auctioneers and House Agents Act, 1947 78. In this Part of this Order:— "the Act" means the Auctioneers and House Agents Act, 1947 (No. 10 of 1947). 79. Any deposit under Part IV of the Act, whether by way of original deposit or addition thereto, may, without an order be placed in the books of the Accountant to an account entitled: "Ex parte (depositor's name), In the matter of the Auctioneers and House Agents Act, 1947 provided that no real security shall be deposited under Part IV of the Act, whether by way of original deposit or of addition thereto, without an order. 80. (1) Pending or in default of a request by a depositor for the investment of such part of a deposit made under Part IV of the Act as is made in money, the Accountant may place such money on deposit receipt in the Bank. (2) A request signed by or on behalf of the depositor shall, without on order, be a sufficient authority for the Accountant to do all of any of the following things, viz.:— ) to invest such money or a specified part thereof in authorised securities specified in such request; ) to vary the authorised securities to which such request relates into other authorised securities specified in such request, whether by way of sale and re-investment or by way of transfer of such authorised securities to the depositor in exchange for an equivalent amount of such other authorised securities; ) to sell and convert into money the authorised securities to which such request relates; provided that no such investment be made in real securities. 81. A request, signed by or on behalf of the depositor, shall, without an order, be a sufficient authority for the Accountant to pay to the depositor the income from time to time as received from the securities in which a deposit or any part thereof made under Part IV of the Act is for the time being invested. 82. Where any request made under this Part of this Order is signed by a person purporting to act on behalf of a depositor, the Accountant may require evidence that the person so signing is properly authorised to make such request. Such evidence may be furnished by a certificate signed by a solicitor acting on behalf of the depositor, unless in any case the Accountant requires such evidence to be by statutory declaration or affidavit. 83. The Accountant may in any case, notwithstanding anything in this Part of this Order, decline to act without an order. 84. The Accountant, upon a request signed by or on behalf of a person claiming to be interested in any funds in Court standing to the credit of an account specified in such request, shall issue a certificate of the amount and description of such funds, and such certificate shall have reference to the morning of the day of the date thereof, and shall not include the transactions of that day, and the Accountant shall notify on such certificate the dates of any orders restraining the transfer, sale, delivery out, or payment, or other dealing with the funds in Court to the credit of the account mentioned in such certificate, and whether such orders affect principal or interest, and any charging orders, affecting such funds, of which respectively he has received notice, and the names of the persons to whom notice is to be given, or in whose favour such restraining or charging orders have been made and the date of any notice which he may have received stating that duty is payable of which a memorandum has been made in his books pursuant to rule 52, and if so requested the Accountant shall indicate on such certificate the names of the persons who lodged such funds and the respective amounts lodged by them. The Accountant may re-date any such certificate, provided that no alteration in the amount or description of the funds or entries affecting the same has been made since the certificate was issued. When a cause or matter has been inserted in the list referred to in rule 87, the fact shall be notified on the certificate relating thereto. 85. Upon a request signed by or on behalf of a person claiming to be interested in funds in Court, the Accountantmay issue a transcript of the account in his books specified in such request. He may also upon a like request supply such other information or issue such certificate with respect to any transactions or dealings with funds in Court (including certificate of deduction of Irish or British Income Tax) as may from time to time be required in any particular case. 86. (1) The Accountant may from time to time carry over to a general ledger account for dormant balance the balances of funds to the credit of any ledger account which have not been dealt with for fifteen years or upwards; and he may carry to the credit of the same general ledger account the dividends from time to time accruing upon the balances of funds which have been so carried over. (2) When an order dealing with funds carried over under this rule is to be acted upon, the Accountant shall carry back such funds, and any dividends accrued thereon, to the credit of a ledger account in the same title as the account from which they were so carried over, and shall deal therewith as directed by such order. 87. (1) On or before the 31st day of March in every fifth year the Accountant shall prepare, in such form and with such particulars as the Chief Justice may from time to time direct, a list or statement of the accounts in the books of the Accountant's Office carried over to the general ledger account under rule 86 to the credit of which there stands any funds not less than £500. The said list or statement shall be filed in the Central Office, and a copy thereof shall be inserted in Iris Oifigiùil and exhibited in the several offices of the Court. (2) The Accountant may in his discretion give any information respecting any funds in Court mentioned in such list or statement upon a request signed by the person applying for such information, or by his solicitor. If such request be made by a solicitor, such information shall not be given unless the request states the name and address of the person on whose behalf it is made, and that such person is in the opinion of the applicant beneficially interested in such funds. If such request be made by any person other than a solicitor, such information shall not be given unless the applicant is able to satisfy the Accountant that the request is such as may be properly complied with. 88. The Accountant may from time to time carry over, to a special account for small balances, such balances of moneyand securities as do not altogether amount to £50, and on which the money or securities shall not have been dealt with during the preceding five years. When an order dealing with funds carried over under this rule is to be acted upon, the Accountant shall carry back such funds and any dividends accrued thereon to the account from which they were so carried over, and shall deal therewith as directed by such order. 89. The length of the title of any ledger credit shall not exceed thirty-six words (exclusive, in the case of a separate account in a cause or matter, of the title of the cause or matter in which such separate accounts is opened) except that in the case of funds brought in under the provisions of the Lands Clauses Consolidation Act, 1845, or the Railways Act (Ireland), 1851, or any statute incorporating the same, when it is not possible to express the title in thirty-six words the Accountant may extend the said number so far as may be necessary. Provided also that such title may be extended beyond thirty-six words in any other case if a sufficient reason be assigned to the satisfaction of the Accountant for so doing. In such title four figures shall be reckoned as one word. 90. The Accountant may designate a short title for any ledger credit, and such short title shall be recorded in the books of the Bank. 91. The Accountant may, without any order in that behalf, take the necessary steps to effect the conversion of any securities in Court, the conversion of which is compulsory upon the holders under any statute or direction of the Court, or any scheme of arrangement or sale duly effected or sanctioned under any of the provisions of the Companies Act, 1963 . There shall be lodged with the Accountant the authority for such conversion, including, if required by him, an attested copy of an affidavit of the secretary or other proper officer of the company or public body concerned, or of the solicitor for any of the parties to the cause or matter to the credit of which the securities stand, setting out the circumstances under which the conversion has become compulsory upon the holders; and such documents shall be retained by the Accountant and shall be his authority for effecting the conversion referred to therein. 93. Where any company has been wound up, and thereafter is dissolved, the Accountant on receipt of notification in writing from the liquidator, or from the Minister for Industry and Commerce that no assets are or will be distributed in respect of any securities of the company which have been lodged in Court, and from the Registrar of Joint Stock Companies that the company has been dissolved, shall write off the said securities from the account to which they are standing. 95. On receipt of a stop order or charging order dealing with any funds under his control, the Accountant shall enter the day and hour of the receipt of such order in his register of orders and on the copy of the order lodged with him, so that the priority of such orders can be ascertained and determined. 96. On or before the 31st day of March in each year the Accountant shall prepare an account, in such form as may be prescribed by him with the approval of the Chief Justice, showing the total amount of funds paid or transferred into and out of Court in the year ended on the 30th day of September then last year past and the balance of funds in Court at the commencement and close of such year. Copies of the said account shall be forwarded to the Minister for Justice and the Minister for Finance. 97. Where funds lodged in Court to the account of the Accountant, whether under an order of the Court or otherwise, are subject to or liable to be affected by any trust for any charitable purpose whether immediately or after the determination of or subject to any prior life or other limited interest or interests, notice in writing setting forth the particulars of the funds so lodged, with a short statement of the nature and character of any such trust, shall be transmitted to the Commissioners of Charitable Donations and Bequests for Ireland through the Central Office by the person or persons making such lodgment, or his or their solicitors within fourteen days from the date of any such lodgment as aforesaid. The Companies Liquidation Account. 98. The Accountant shall forthwith open an account in the Bank to be called "The Companies Liquidation Account". 99. The Companies Liquidation Account shall be under the control of the Court. 100. When a Liquidator desires to lodge moneys to the Companies Liquidation Account pursuant to section 307 (1) of the Companies Act, 1963 , he shall annex to the affidavit to be filed by him a schedule similar in form to the Form No. 1 in Appendix P, setting forth: ) the name of the company of which he is Liquidator; ) his name and address; ) the dates on which the resolution for winding up was passed and on which he was appointed Liquidator; ) the amount of the Moneys to be lodged to the said account; ) that the lodgment is made in pursuance of section 307 (1). An attested copy of such schedule is to be left with the Accountant. 101. On the 1st day of February in each year the Accountant shall send to the Minister for Industry and Commerce and to the Minister for Finance a statement showing the amount standing to the credit of The Companies Liquidation Account on the 31st day of December immediately preceding. 102. At the expiration of seven years from the date of any lodgment to The Companies Liquidation Account in pursuance of section 307 (1) of the Companies Act, 1963 , the Accountant shall on application to him by the Minister for Finance transfer to the Exchequer the amount of the lodgment then remaining unclaimed. 103. Save as provided in rule 102, no payment out of The Companies Liquidation Account shall be made except by order of the Court. ORDER 78. DEPOSIT OF POWERS OF ATTORNEY. 1. An instrument creating or revoking a power of attorney may be deposited in or filed at the Central Office if it be verified in accordance with rule 2, and accompanied by the affidavit, declaration or other document or documents (if any) by which the execution has been verified. 2. (1) The execution of any such instrument may be verified— ) by an affidavit or statutory declaration sworn or made by the attesting witness or some other person in whose presence the instrument was executed, or if no such person is available, by some impartial person who knows the signature of the grantor; or ) if the instrument was executed outside the area of the jurisdiction of the Court before a notary public by a notarial certificate complying with the provisions of paragraph (2) of this rule; or ) by any other evidence which, in the opinion of the Master, is sufficient. (2) A notarial certificate of the execution of an instrument shall be annexed to the instrument. Where the certificate is the certificate of a notary public appointed to act for any part of the British Commonwealth of Nations or any British possession, judicial notice shall be taken of the seal and signature of such notary, affixed, impressed or subscribed to or on any such certificate without further proof; but in any other case the signature of the notary public and the fact that he holds such office shall be verified in the United States of America by the certificate of the county clerk within whose area the notary practices and elsewhere shall be authenticated by a judge or a court having jurisdiction in the place where the instrument was executed or by an Irish diplomatic or consular representative or agent exercising his functions in the country or place in which it was executed. (3) Judical notice shall be taken of the seal and signature of the persons hereinbefore authorised to authenticate a notarial certificate. 5. An attested copy of an instrument supplied under this Order shall be accepted as sufficient evidence of the contents of such instrument, and of the deposit thereof in the Central Office, and shall be prima facie evidence of the due execution of such instrument. ORDER 79. THE PROBATE OFFICE. 1. This Order shall apply only to non-contentious probate practice and procedure in the Probate Office. Application for probate or letters of administration. 2. All proceedings relating to probate and administration shall be entitled: "THE HIGH COURT PROBATE" 3. Application for probate or letters of administration may be made at the Probate Office in all cases. Such applications may be made through a solicitor or in person, but shall not be dealt with by letter. 4. The Probate Officer shall not allow probate or letters of administration to issue until all the inquiries which he may see fit to institute have been answered to his satisfaction. The Probate Officer is, notwithstanding, to afford as great facility for obtaining grants of probate or administration as is consistent with a due regard to the prevention of error or fraud. 5. (1) In determining to whom letters of administration of the estate of a person who died on or after the 1st of January, 1967, wholly intestate and domiciled in Ireland shall be granted, the persons having a beneficial interest in the estate of the deceased shall be entitled to a grant of administration in the following order of priority, namely:— ) the surviving spouse; ) the surviving spouse jointly with a child of the deceased nominated by the said spouse; ) the child or children of the deceased (including any person entitled by virtue of the Legitimacy Act, 1931 , to succeed to the estate of the deceased); ) the issue of any child who has died during the lifetime of the deceased; ) the father or mother of the deceased or, in the case of an illegitimate person who died without having been legitimated, the mother; ) brothers and sisters of the deceased (whether of the whole or half-blood); ) where any brother or sister survived the deceased, the children of a predeceased brother or sister; ) nephews and nieces of the deceased (whether of the whole or half-blood); ) grandparents; ) uncles and aunts (whether of the whole or half-blood); ) great grandparents; ) other next-of-kin of nearest degree (whether of the whole or half-blood) preferring collaterals to direct lineal ancestors; ) the nominee of the State; (2) The personal representative of any of the persons hereinbefore mentioned (other than the nominee of the State) shall have the same right to a grant as the person whom he represents, subject to sub-rule (9) (b) hereof which provides that live interests be preferred to dead interests. (3) Where there are conflicting claims for a grant among the members of a class entitled to administration, the grant shall be made to such of the claimants as the Probate Officer shall select having given not less than 21 days notice to the rival claimants, or on objection made in writing within the said period, to such person as the Court shall select. (4) If all persons entitled to a grant under the foregoing provisions of this direction have been cleared off a grant may be made to a creditor of the deceased or, subject to sub-rule (9) (b) hereof, the personal representative of a creditor, (6) Where the deceased died on or after the 1st day of January, 1967, domiciled in Ireland, leaving a will appointing no executor, or appointing an executor or executors who have been cleared off by death, renunciation, citation, or otherwise, the person, or persons entitled to a grant of administration with will annexed shall be determined in accordance with the following order of priority, namely:— ) any residuary legatee or devisee holding in trust for any other person; ) any residuary legatee or devisee for life; ) any other residuary legatee or devisee or, subject to sub-rule (9) (b) hereof, which provides that live interests be preferred to dead interests, the personal representative of any such residuary legatee or devisee; ) any residuary legatee or devisee for life jointly with any ultimate residuary legatee or devisee on the renunciation or consent of the remaining residuary legatees or devisees for life; ) where the residue is not wholly disposed of by the will, any person (other than a creditor) entitled to a grant in the event of a total intestacy according to the order of priority set out in sub-rules (1) to (5); ) any legatee or devisee or any creditor or, subject to sub-rule (9) (b), the personal representative of any such person. (7) Where a gift to any person fails by reason of section 82 of the Succession Act 1965 (which provides that gifts to attesting witnesses or their spouses shall be void) such person shall not have any right to a grant as a beneficiary named in the will but this is without prejudice to his right to a grant in any other capacity. (8) Where the deceased died on or after the 1st day of January, 1967, domiciled outside Ireland, ) a grant of administration intestate or with will annexed of the moveable estate may be made by the Probate Officer as follows, namely:— (i) to the person entrusted with the administration of the moveable estate by the Court having jurisdiction at the place where the deceased died domiciled; or (ii) to the person entitled to administer the moveable estate by the law of the place where the deceased died domiciled; ) a grant of administration intestate or with will annexed of the immovable estate may be made by the Probate Officer in accordance with the law which would have been applicable if the deceased had died domiciled in Ireland; ) nothing in this sub-rule shall be construed as prejudicially affecting any power which might otherwise be exerciseable, if no executor is named in the will and if the will describes the duties of a named person in terms sufficient to constitute him executor according to the tenor of the will, of making a grant of probate to that person. (9) ( a ) A grant may be given to any person entitled thereto without notice to other persons entitled in the same class, but the Probate Officer may require notice to be given; ) unless the Court or Probate Officer otherwise directs a grant shall be given to a living member of a class entitled thereto in preference to the personal representative of a member of such class who has died after the deceased;

) unless the Court or Probate Officer otherwise directs a grant shall be given to a person not under legal disability in preference to the committee or guardian of a person under a legal disability equally entitled provided that in the case of an application by the committee of a person under a legal disability the Court or Probate Officer shall, before a grant is given, consult the Registrar of Wards of Court. (11) Where the only person entitled to the estate of the deceased, whether under a will or on intestacy, has assigned his whole interest in the estate, the assignee shall replace the assignor in the order of priority for a grant. (13) Where the parents of a deceased are entitled to the beneficial interest in the whole of the estate of the said deceased, administration may on the renunciation and consent of those parents be granted to the child or jointly to the children nominated by the parents. (14) No grant of administration shall be made jointly to more than three persons unless the Probate Officer otherwise directs. (15) When, on the death of a personal representative of a deceased without having fully administered the estate, it is necessary to grant administration of the unadministered estate of the deceased, the rules that shall apply to the ascertainment of the new grantee shall be those that apply on an application for an original grant. (16) In determining to whom a grant of administration intestate or with will annexed may be made in the case of a person who died prior to the 1st day of January, 1967, the rules heretofore in force applicable to such a case shall be observed. Execution of a Will. 6. If there be no attestation clause to a will presented for a probate, or administration with will annexed, or if the attestation clause thereto be insufficient, the Probate Officer shall require an affidavit from at least one of the subscribing witnesses, if they or either of them be living, to prove that the statutory provisions in reference to the execution of wills were in fact complied with. A note signed by the Probate Officer shall be made on the engrossed copy will annexed to the probate or administration to the effect that affidavits of due execution, or as the case may be, have been filed. 7. If on perusing such affidavits as are filed it appears to the Probate Officer, that the statutory provisions applicable were not complied with, the Probate Officer shall refuse probate of the purported will. 8. If both the subscribing witnesses are dead, or if from other circumstances no affidavit can be obtained from either of them, resort shall be had to other persons (if any) who may have been present at the execution of the will, but if no affidavit of any such other person can be obtained, evidence on affidavit shall be procured of the fact and of the handwriting of the deceased and the subscribing witnesses and also of any circumstances which may raise a presumption in favour of the due execution. Interlineations and Alterations. 10. Interlineations and alterations are invalid unless they existed in the will prior to its execution, or, if made afterwards, unless they have been executed and attested in the mode required by law, or unless they have been rendered valid by the re-execution of the will, or by the subsequent execution of a codicil thereto. 11. When interlineations or alterations appear in the will (unless duly executed, or recited in, or otherwise identified by, the attestation clause), an affidavit or affidavits in proof of their having existed in the will before its execution shall be filed, except when the alterations are of but small importance, and are evidenced by the initials of the attesting witnesses. Erasures and Obliterations. 12. Erasures and obliterations are not to prevail unless proved to have existed in the will prior to its execution, or unless the alterations thereby effected in the will are duly executed and attested, or unless they have been rendered valid by the re-execution of the will, or by the subsequent execution of a codicil thereto. If no satisfactory evidence can be adduced as to the time when such erasures and obliterations were made, and the words erased or obliterated be not entirely effaced, but can upon inspection of the paper be ascertained, they must form part of the probate. In every case of words having been erased or obliterated which might have been of importance, an affidavit shall be required. Documents referred to in a Will. 13. If a will contain a reference to any deed, paper, memorandum, or other document, of such a nature as to raise a question whether it ought, or ought not, to form a constituent part of the will, such deed, paper, memorandum, or other document shall be produced, with a view to ascertaining whether it be entitled to probate; and if not produced, its non-production shall be accounted for. 14. No deed, paper, memorandum, or other document shall be admitted to probate as part of a will, unless it was in existence at the time when the will was executed, and is therein referred to. . Appearance of the Paper. 15. If there are any vestiges of sealing-wax or wafers, or other marks, upon the testamentary papers, leading to the inference that a paper, memorandum, or other document has been annexed, or attached to the same, such paper, memorandum, or other document shall be produced, and if not produced, its non-production shall be accounted for. Pencil writing on Wills. 16. When a will is written in pencil, or when any pencil writing appears on a will, script, or other document filed in the Probate Office, a facsimile copy of the will, script, or other document, or of the pages or sheets thereof containing the pencil writing, shall also be filed, with those portions written in red ink which appear in pencil in the original. Application by Trust Corporation. 17. When a trust corporation makes an application for a grant the affidavit necessary to lead to the grant shall be sworn by an official authorised to do so on its behalf. 18. The authorisation of an official to swear such affidavit shall, in the case of a trust corporation having a board of governors, board of directors, or other governing body, be made by resolution of such board of governors, board of directors or other governing body, and in every other case shall be made by resolution of the trust corporation. 19. With such an application by a trust corporation there shall be lodged a copy (sealed with the seal of such trust corporation) of the resolution authorising an official to swear the affidavit necessary to obtain the grant. Where such a copy as aforesaid has already been lodged with an earlier application it shall thereafter be sufficient to lodge a photostat of such copy. Limited Administration. 20. Limited administration shall not be granted unless every person entitled to the general grant has consented or renounced, or has been cited and failed to appear, unless the Court or Probate Officer otherwise directs. In this rule the word "limited" means limited to part only of the assets or estate of the deceased. 21. No person entitled to a general grant of administration of the estate of the deceased will be permitted to take a limited grant, except by order of the Court. Administration under the Succession Act, 1965 22. Whenever the Court, under the Succession Act, 1965 , section 27, appoints as administrator someone other than a person who would otherwise be entitled to the grant, the fact that an order under the section has been made shall be stated in the oath of the administrator, in the grant of administration and in the administration bond. Grant to an Attorney. 23. In the case of a person residing out of, or about to leave the jurisdiction of the Court, or who, in the opinion of the Court or the Probate Officer, is suffering from a severe continuing physical disability, administration, or administration with the will annexed, may be granted to his attorney, acting under a power of attorney. Grant to a Guardian. 24. A grant of administration may be made to a guardian of an infant for the infant's use. 25. In a case where any infant has not a testamentary guardian or a guardian appointed by the Court, or by or under the provisions of the Guardianship of Infants Act, 1964 , a guardian shall be assigned by order of the Court or of the Probate Officer. The application for such order shall be grounded on an affidavit showing as nearly as possible the amount of the assets, the age of the infant, and with whom he resides, that the proposed guardian is either the nearest relation of the infant, or that the nearest relation has renounced his right to the guardianship, or is consenting to the assignment of the proposed guardian, and that such proposed guardian is ready to undertake the guardianship. On such application the Court or Probate Officer shall have regard to the expressed wishes of any infant over the age of twelve years. Grant to a Committee. 26. A grant of administration may be made to the committee of a person of unsound mind for such person's use and benefit. 27. In a case where a person of unsound mind has not a committee appointed by the Court, a grant may issue to such person as the Probate Officer may by order assign with the consent of the Registrar of Wards of Court. The application for such order shall be grounded on an affidavit of the applicant showing the amount of the assets, the age and residence of the person of unsound mind and his relationship to the applicant together with an affidavit of a medical practitioner relating to the incapacity of such person. Administrator's oath. 28. (1) The oath of an administrator shall be so worded as to clear off all persons having a prior right to the grant. Where there are prior interests the grant shall show on its face how they have been cleared off. (3) The value of the property stated in the administrator's oath shall be verified by other affidavits if required by the Probate Officer. Administration bond. 29. Administration bonds shall be attested by the Probate Officer or assistant Probate Officer or by a District Registrar, or by a commissioner or other person now or hereafter to be authorised to take affidavits; but in no case are they to be attested by the solicitor or agent of the party who executes them. The signature of the administrator to such a bond, if not taken in the Probate Office, shall be attested by the same person who administers the oath to such administrator unless the Court or the Probate Officer shall otherwise order. 30. The Probate Officer is to take care (as far as possible) that the sureties to administration bonds are responsible persons. 31. The sureties to administration bonds shall justify in the gross amount at which the estate of the deceased is sworn unless the Court or the Probate Officer shall otherwise order. 32. The form of administration bond prescribed by the President of the High Court from time to time shall be used in the case of estates of persons dying on or after the 1st January, 1967. The form set out in Appendix Q, Part II, is the form prescribed at the date of the making of these Rules. In the case of estates of persons dying before 1st January, 1967, the forms heretofore in use in connection with such estates shall be used. Issue of grant. 33. No probate or letters of administration shall issue until after the lapse of fourteen days from the death of the deceased, unless by order of the Court or of the Probate Officer. 34. All probates or letters of administration issued from the Probate Office shall be filled up there; and any former grant which has been revoked or has ceased shall be cleared off therein. 35. The oath of an executor or an administrator shall be subscribed and sworn as an affidavit and filed in the Probate Office. 36. The Probate Officer may, in cases where he deems it necessary, require proof, in addition to the oath of the executor or administrator, of the identity of the deceased, or of the party applying for the grant. 37. Every will, or copy of a will, exhibited in an oath of an executor or administrator with will annexed, shall be marked by such executor or administrator, and by the person before whom he is sworn. Such marking shall be made on the back of the will or elsewhere so as to be clearly distinguishable from the will itself and its attestation. 38. No person who renounces probate of a will or letters of administration of the estate of a deceased person, in one character, shall be allowed to obtain representation to the same deceased in another character, unless the Court shall otherwise order. 39. Order 40, Part 1, shall apply to affidavits filed or used in the Probate Office. 40. In every case where an affidavit is made by a subscribing witness to a will for the purpose of proving the execution thereof, such subscribing witness shall depose as to the mode in which the said will was executed and attested. 41. Any person intending to oppose the issuing of a grant of probate or letters of administration shall either personally or by his solicitor, lodge a caveat in the Probate Office, or in a District Registry. 42. A caveat shall bear date of the day it is lodged, and shall remain in force for the space of six months only, and then expire and be of no effect; but caveats may be renewed from time to time. 43. Every caveat shall state the name and address of the person on whose behalf the same is lodged, and the registered place of business of the solicitor lodging the same, or if there be no solicitor, an address for service (within the jurisdiction) at which the caveat can be warned, and where the case is so, the caveat shall state that it is lodged only with a view to seeing that the security is sufficient. 44. Any person who shall knowingly lodge, or cause to be lodged in the Probate Office, a caveat in the name of a fictitious person, or with a false address of the person on whose behalf it purports to be lodged, shall be deemed guilty of a contempt of Court. 45. The Probate Officer shall, immediately upon a caveat being lodged, send notice thereof to the District Registrar of the district in which it is alleged the deceased resided at the time of his death, or in which he is known to have had a fixed place of abode at the time of his death. 46. No caveat shall affect any grant made on the day on which the caveat has been lodged, or on the day on which notice is received of a caveat having been lodged in a District Registry. 47. All caveats shall be warned from the Probate Office. The warning shall be served by delivery of a copy thereof at the place mentioned in the caveat as the registered place of business of the solicitor, or address for service of the person who lodged the caveat, as the case may be, within 14 days of the date thereof; and otherwise shall be deemed inoperative unless the Court or the Probate Officer shall make a special order on the subject. 48. In addition to the service of the warning the Probate Officer shall, on the same day on which the warning is signed by him, send by post a copy of it to the solicitor or person who lodged the caveat at the registered place of business or address for service therein mentioned and on the same day a memorandum of such posting shall be entered in the book to be kept for that purpose. 49. The warning to a caveat shall state the name and interest of the party on whose behalf the same is issued; and if such person claims under a will, it shall state the date, if any, of such will, and in any event state the registered place of business of the solicitor lodging the same, or if there be no solicitor, an address for service within the jurisdiction. 50. An appearance to a warning shall be entered in the Probate Office within 14 days of the service thereof, provided that the time for appearance may be considered to be extended until action on default has been taken under rule 51. 51. In order to clear off a caveat, when no appearance has been entered to a warning duly served, an affidavit of the service of the warning in manner required by rule 47 and a certificate of non-appearance shall be filed. 52. A citation shall not issue under the seal of the Court until an affidavit, in verification of the averments it contains, has been filed in the Probate Office. All citations shall issue from the Probate Office. 53. (1) When the person to be served with a citation is within the jurisdiction or being abroad is a citizen of Ireland, the citation itself shall be served on him. (2) When the person to be served, being abroad, is not a citizen of Ireland, notice only of the citation shall be served on him. (3) The affidavit to lead to a citation shall in all cases in which any person to be served is outside the jurisdiction show whether such person is or is not a citizen of Ireland. (4) A citation, or notice of a citation, shall be served personally when that can be done. (5) Where personal service is intended to be affected, no order of the Court shall be necessary for the issue of the citation. (6) Where personal service cannot be affected the party desiring to serve the citation shall apply to the Court for directions as to the mode of service. 54. A citation shall not be signed by the Probate Officer unless and until a caveat shall have been entered against any grant being made in respect of the estate of the deceased to which such citation relates, and notice thereof shall be sent to the District Registrar of the district in which the deceased appears to have had a residence at the time of his death. 56. An appearance to a citation shall be entered in the Probate Office within 14 days of the service thereof, provided that the time for appearance may be considered to be extended until action on default has been taken under rule 57. 57. If the party cited to accept or refuse probate or administration having been served with a citation, shall not appear within the time limited by the citation, or if the time for appearing shall be extended by the Court, or the Probate Officer, and such party shall not appear within such extended time, his non-appearance shall be deemed and taken as and for a renunciation of his right to probate or administration, as the case may be, and the party citing shall be entitled to obtain from the Probate Officer a side-bar order in the estate of the deceased to the following effect:— "on reading citation and affidavit of it is ordered that the non-appearance of C.D. (naming the party cited) be taken as and for a renunciation of his right to probate (or administration)". 58. A party cited to accept or refuse probate or administration and desiring to accept, shall so state on entering his appearance, and thereupon the party citing shall be entitled to obtain from the Probate Officer a side-bar order in the estate of the deceased to the following effect:— "On reading the citation, and ( party cited ) having in his appearance stated his desire to accept probate ( administration) let him extract same within fourteen days from the date of service of this order upon him and in case he shall not do so within that time, or within such further time (if any) as the Court or the Probate Officer shall allow for that purpose, let his not doing so be deemed and taken as and for a renunciation of his right to probate ( administration)". A copy of such side-bar order shall be served forthwith on the party appearing. Production of Will. 59. Applications for an order for the production of papers or writings purporting to be testamentary may be made to the Court by motion on affidavit, whether a suit is or is not pending. If it can be shown on affidavit that a testamentary paper is in the possession, within the power, or under the control of any person, a for the production of the same may be issued by order of the Probate Officer. 60. Any person bringing in any paper or writing purporting to be testamentary, in obedience to , is to take it in the first instance to the Probate Office, where the person designated in writing for that purpose by the Probate Officer shall prepare and sign a minute recording the delivery thereof. 61. The minute is to be entered in a book to be kept for that purpose; and the fee for the entry, and a further fee for filing each testamentary paper, will then be payable. If these fees should not be paid by the person bringing in the will, the same are to be charged to the person who may first apply to the Probate Office to make use of the will so brought in. In case the person bringing in a will may desire to have a voucher for its delivery to the Probate Office, he may take an attested copy of the minute on paying the prescribed fee. 62. Any person served with a to bring in a testamentary paper is at liberty to enter an appearance and show cause for not bringing in such testamentary paper. Blind and Illiterate Testator. 63. The Probate Officer shall not allow probate of the will or administration with the will annexed, of any blind or illiterate person, to issue, unless he is satisfied by evidence on affidavit, that the will was read over to the testator before its execution, or that the testator had at such time knowledge of its contents. Alteration in Grant. Notice to Attorney General. 65. In all cases where application is made for letters of administration (intestate, or with a will by which all the estate is not disposed of annexed) of the estate of an illegitimate person dying a bachelor, or a spinster, or a widower or widow without issue to which no person is entitled to succeed under the provisions of the Legitimacy Act, 1931 , or of the estate of a person dying without known relation, notice of such application shall be given to the Attorney General, in order that he may determine whether it will be expedient to intervene on the part of the State; and no grant is to be issued until he has signified the course it will be proper to take. 66. (1) In the case of a person dying intestate on or after the 1st day of January, 1967, without any known relation, a citation shall be issued directed to the next-of-kin (if any) and all persons having or claiming to have any interest in the estate of the deceased, and (unless such citation is being issued by the State) to the Attorney General. (2) In the case of a person dying intestate before the 1st day of January, 1967, without any known relation a citation shall be issued directed to such persons as the rules heretofore in force prescribed. (3) Service of such citation shall be effected in such manner as the Court or Probate Officer may direct. Such citation shall also be served on the Attorney General, and notice of his intention not to intervene shall be obtained. Transmission of Papers. 67. When an application is made to the Court, in relation to an application for a grant at a District Registry, the District Registrar shall transmit all relevant original papers and documents to the Probate Office; and the same, after the directions of the Court have been taken, shall on the application of the parties (unless the Court shall otherwise direct) be returned to the District Registrar, together with an attested copy of the order of the Court. 68. Original papers shall be forwarded to the Probate Office whenever an inspection of them is necessary to enable the Probate Officer to answer the questions submitted to him by a District Registrar. Papers and other documents may be transmitted by a District Registrar to the Probate Officer and by the Probate Officer to a District Registrar by registered post. Copies of wills. 70. Copies of wills and other testamentary documents shall be bespoken in the Probate Office. Every such copy required to be certified shall be certified under the hand of the Probate Officer or some person in the Probate Office designated in writing for such purpose by the Probate Officer. 71. The seal of the Court shall not be affixed to any copy of a will or other document, unless the same has been attested and certified. Production of Documents. 72. (1) If a will or other document filed in the Probate Office is required to be produced at any other place, application shall be made for that purpose in sufficient time to allow for making and examining a copy of such will or other document. (2) On the making of such an application, there shall (unless the Court or the Probate Officer otherwise directs) be made a copy of such will or other document, which copy shall be examined with the original, and such examined copy shall be deposited in place of the original pending its return. (3) When the will or other document is required for production in the High Court on Circuit, or in the Circuit Court, such will or other document may, by direction of the Probate Officer, be sent by registered post to the appropriate County Registrar. 73. No practising solicitor, or clerk or apprentice to a practising solicitor shall be admitted as surety to an administration bond, without the leave of the Court or the Probate Officer. Personal application for grant. 74. Persons wishing to obtain grants of probate or letters of administration without the intervention of a solicitor shall apply at the Probate Office in person, and not by letter. 75. No such application will be received through an agent. 76. A personal applicant shall not be attended by another person acting or appearing to act as his adviser, unless the Probate Officer otherwise permits. 77. An application which has in the first instance been made through a solicitor shall not be afterwards treated as a personal application, unless the Probate Officer otherwise directs. 78. An application for a grant of probate or administration in a case which has already been before the Court (on motion or otherwise) shall not be entertained as a personal application, but shall be made through a solicitor, unless the Probate Officer otherwise directs. 79. Whenever it becomes necessary in the course of a personal application to obtain the directions of the Court, the application shall not be proceeded with until such directions have been obtained. 80. The papers necessary to lead to the grant applied for shall be prepared and sworn in the Probate Office. However, an applicant may bring such papers or any of them, filled up, and if correct they may be received, but if already sworn, shall be resworn. Any papers once received in the Probate Office shall not be given out unless under special circumstances by permission of the Probate Officer. 81. Every applicant for a grant of probate or letters of administration shall produce a certificate of death or burial of the deceased, or give a satisfactory reason for the non-production thereof. 82. The time fixed by a warning or citation for entering an appearance, or by to bring in a testamentary paper, shall in all cases be exclusive of any day on which the Probate Office is lawfully closed. 84. The Certificate required to be given by the proper officer of the Court, under the Customs and Inland Revenue Act, 1881, section 30, as amended by the Capital Acquisitions Tax Act, 1976 , for the purposes of the Finance Act, 1894, shall be in such form as the Probate Officer shall from time to time prescribe according to the circumstances of the case. 85. This Order applies equally to codicils as to wills. 86. In the case of the estates of persons dying on or after the 1st January, 1967, the forms in Appendix Q, Part I shall, where applicable, be used. In the case of estates of persons dying before the 1st January, 1967, the forms heretofore in use in connection with such estates shall be used. 87. On 89. (1) An appearance in matters to which this Order relates shall be entered in the Probate Office. (2) Every order of the Court in such matters shall be issued out of the Probate Office. ORDER 80. THE DISTRICT PROBATE REGISTRIES. 1. This Order shall apply only to non-contentious Probate practice and procedure. Application for probate or letters of administration. 2. Application for probate or letters of administration may be made at the Probate office in all cases. Application may also be made at a District Registry in cases where the deceased, at the time of his death, had a fixed place of abode within the district in which the application is made. A District Registrar, before he entertains such application, shall ascertain that the deceased had, at the time of his death, such fixed place of abode. 3. Such application may be made in District Registries through a solicitor or in person. 4. No District Registrar or clerk in a District Registry shall directly or indirectly transact business for himself, or as the solicitor for any other person in the District Registry to which he has been appointed. The public offices of the several District Registries shall be open for business upon each of the days upon which and the hours during which it is prescribed that the offices of the High Court shall be open. 5. A District Registrar shall not allow probate or letters of administration to issue until all the inquiries which he may see fit to institute have been answered to his satisfaction, particularly when applications are made in person. A District Registrar shall, notwithstanding, afford as great facility for obtaining grants of probate or administration as is consistent with a due regard to the prevention of error or fraud. 6. (1) In determining to whom letters of administration of the estate of a person who died on or after the 1st day of January, 1967, wholly intestate and domiciled in the Republic of Ireland, shall be granted the persons having a beneficial interest in the estate of the deceased shall be entitled to a grant of administration in the following order of priority, namely:— ) the surviving spouse; ) the surviving spouse jointly with a child of the deceased nominated by the said spouse; ) the child or children of the deceased (including any person entitled by virtue of the Legitimacy Act, 1931 , to succeed to the estate of the deceased); ) the issue of any child who has died during the lifetime of the deceased; ) the father or mother of the deceased, or, in the case of an illegitimate person who died without having been legitimated, the mother; ) brothers and sisters of the decesed (whether of the whole or half-blood); ) where any brother or sister survived the deceased, the issue of a predeceased brother or sister; ) nephews and nieces of the deceased (whether of the whole or half-blood); ) grandparents; ) uncles and aunts (whether of the whole or half-blood); ) great grandparents; ) other next of kin of nearest degree (whether of the whole or half-blood) preferring collaterals to direct lineal ancestors; ) the nominee of the State. (2) The personal representative of any of the persons hereinbefore mentioned (other than the nominee of the State) shall have the same right to a grant as the person whom he represents, subject to sub-rule (8) ( ) hereof which provides that life interests be preferred to dead interests. (3) Where there are conflicting claims for a grant among the members of a class entitled to administration, the matter shall be referred to the Probate Officer and the grant shall be made to such of the claimants as the Probate Officer shall select having given not less than 21 days notice to the rival applicants, or, on objection having been made in writing within the said period, to such person as the Court shall select. (4) If all persons entitled to a grant under the foregoing provisions of this direction shall have been cleared off, a grant may be made to a creditor of the deceased, or, subject to sub-rule (8) (b) hereof, the personal representative of a creditor. (6) Where the deceased died on or after the 1st January, 1967, domiciled in the Republic of Ireland, leaving a will appointing no executor, or appointing an executor or executors who have been cleared off by death, renunciation, citation or otherwise, the person or persons entitled to a grant of administration with will annexed shall be determined in accordance with the following order of priority, namely:— ) any residuary legatee or devisee holding in trust for any other person; ) any residuary legatee or devisee for life: ) any other residuary legatee or devisee or, subject to sub-rule (8) (b) hereof, which provides that live interests be preferred to dead interests, the personal representative of any such residuary legatee or devisee; ) any residuary legatee or devisee for life jointly with any ultimate residuary legatee or devisee on the renunciation or consent of the remaining residuary legatees or devisees for life; ) where the residue is not wholly disposed of by the will, any person (other than a creditor) entitled to a grant in the event of a total intestacy according to the order of priority set out in sub-rules (1) to (5); ) any legatee or devisee or any creditor or, subject to sub-rule (8) (b) the personal representative of such person. (7) Where a gift to any person fails by reason of section 82 of the Succession Act, 1965 (which provides that gifts to attesting witnesses or their spouses shall be void) such person shall not have any right to a grant as a beneficiary named in the will but this is without prejudice to his right to a grant in any other capacity. (8) ( ) A grant may be given to any person entitled thereto without notice to other persons entitled in the same class, but the District Registrar may require notice to be given; ) Unless the Court or Probate Officer otherwise directs a grant shall be given to a living member of a class entitled thereto in preference to a personal representative of a member of such class who has died after the deceased; ) Unless the Court or Probate Officer otherwise directs a grant shall be given to a person not under legal disability in preference to the committee or guardian of a person under a legal disability equally entitled provided that in the case of an application by the committee of a person under a legal disability the Court or Probate Officer shall, before a grant is given, consult the Registrar of Wards of Court. (10) Where the only person entitled to the estate of the deceased, whether under a will or on intestacy has assigned his whole interest in the estate, that assignee shall be entitled by order of the Probate Officer to replace the assignor in the order of priority for a grant. (12) Where the parents of a deceased are entitled to the beneficial interest in the whole of the estate of the said deceased, administration may on the renunciation and consent of those parents be granted to the child or jointly to the children nominated by the parents. (13) No grant of administration shall be made jointly to more than three persons unless the Probate Officer otherwise directs. (14) When, on the death of the personal representative of a deceased without having fully administered the estate, it is necessary to grant administration of the unadministered estate of the deceased, the rules that shall apply to the ascertainment of the new grantee shall be those that apply on an application for an original grant. (15) In determining to whom a grant of administration intestate or with will annexed may be made in the case of a person who died prior to the 1st day of January, 1967, the rules heretofore in force applicable to such a case shall be observed. Execution of a will. 7. Upon receiving an application for probate or letters of administration with the will annexed, the District Registrar shall inspect the will and see whether by the terms of the attestation clause (if any) it is shown that the statutory provisions in reference to the attestation of wills were in fact complied with. 8. If there be no attestation clause in a document presented for probate or letters of administration with the will annexed or if the attestation clause be insufficient, the District Registrar shall require an affidavit from at least one of the subscribing witnesses, if they or either of them be living, to prove that the statutory provisions in reference to the execution of wills were in fact complied with. A note signed by the District Registrar shall be inserted on the engrossed copy will annexed to the probate or administration to the effect that affidavits of due execution, or as the case may be, have been filed. 9. If, on perusing such affidavits as are filed it appears to the District Registrar that the statutory provisions were not complied with, the District Registrar shall refuse probate of the purported will. 10. If both the subscribing witnesses are dead, or if, from other circumstances, no affidavit can be obtained from either of them, resort shall be had to other persons (if any) who may have been present at the execution of the will, but if no affidavit of any such other person can be obtained, evidence on affidavit shall be procured of the fact and of the handwriting of the deceased and the subscribing witnesses, and also of any circumstances which may raise a presumption in favour of due execution. 11. In any case in which a will apparently duly executed has been produced for probate or for administration with the will annexed, probate of any former will, or administration with any former will annexed, or administration to the deceased, as having died intestate shall not be granted by a District Registrar without an order of the Court, or of the Probate Officer, showing that the last will is not entitled to probate. In the absence of such order the District Registrar shall communicate with the Probate Officer. Interlineations and alterations. 12. Interlineations and alterations are invalid unless they existed in the will prior to its execution, or, if made afterwards, unless they have been executed and attested in the mode required by law, or unless they have been rendered valid by the re-execution of the will, or by the subsequent execution of a codicil thereto. 13. Where interlineations and alterations appear in the will (unless duly executed, or recited in, or otherwise identified by the attestation clause), an affidavit or affidavits in proof of their having existed in the will before its execution shall be filed, except when the alterations are of but small importance and are evidenced by the initals of the attesting witnesses. Erasures and obliterations. 14. Erasures and obliterations are not to prevail unless proved to have existed in the will prior to its execution, or unless the alterations thereby effected in the will are duly executed and attested, or unless they have been rendered valid by the re-execution of the will or by the subsequent execution of a codicil thereto. If no satisfactory evidence can be adduced as to the time when such erasures and obliterations were made, and the words erased or obliterated be not entirely effaced, but can upon inspection of the paper be ascertained, they must form part of the probate. In every case of the words having been erased or obliterated which might have been of importance, an affidavit shall be required. Documents referred to in a will. 15. If a will contains a reference to any deed, paper, memorandum or other document, of such a nature as to raise a question whether it ought, or ought not, to form a constituent part of the will, such deed, paper, memorandum or other document shall be produced, with a view to ascertaining whether it be entitled to probate; and, if not produced, its non-production shall be accounted for. 16. No deed, paper, memorandum or other document shall be admitted to probate as part of a will unless it was in existence at the time when the will was executed and is therein referred to. Appearance of the paper. 17. If there are any vestiges of sealing-wax or wafers, or other marks upon the testamentary papers, leading to the inference that a paper, memorandum or other document has been annexed or attached to the same, such paper, memorandum or other document shall be produced and, if not produced, its non-production shall be accounted for. Pencil writing on wills. 18. When a will is written in pencil or when any pencil writing appears on a will, script or other document filed in a District Registry, a facsimile copy of the will, script or other document or the pages or sheets thereof containing the pencil writing, shall also be filed, with those portions written in red ink which appear in pencil in the original. Doubtful cases. 19. In all cases in which for any cause it is doubtful whether any will is entitled to probate, and in all cases in which a question arises whether any alteration, interlineation, erasure or obliteration ought to prevail, or whether any deed, paper, memorandum or other document ought to form part of a will, or if any doubt arises in consequence of the appearance of the paper, or on any other point, the District Registrar shall consult the Probate Officer, who may take the directions of the Court or require the parties to bring the matter before the Court. 20. The right of parties to letters of administration with the will annexed, and letters of administration with the will annexed de bonis depends so entirely upon the circumstances of each particular case taken in connection with the wording of the will that whenever the right of the party applying is at all questionable, a statement of the case, accompanied by a copy of the will, shall be transmitted to the Probate Officer who will advise thereon. Application by trust corporation. 21. When a trust corporation makes an application for agrant, the affidavit necessary to lead to a grant shall be sworn by an official authorised to do so on its behalf. 22. The authorisation of an official to swear such affidavit shall, in the case of a trust corporation having a board of governors, board of directors or other governing body, be made by resolution of such board of governors, board of directors or other governing body, and in every other case shall be made by resolution of the trust corporation. 23. With every such application by a trust corporation there shall be lodged a copy (sealed with the seal of such trust corporation) of the resolution authorising an official to swear the affidavit necessary to obtain the grant. Where such a copy as aforesaid has already been lodged with an earlier application it shall thereafter be sufficient to lodge a photostat of such copy. Limited administration. 24. Limited administration shall not be granted unless every person entitled to the general grant has consented or renounced, or has been cited and failed to appear, unless the Court or Probate Officer otherwise directs: in this rule the word "limited" means limited to part only of the assets or estate of the deceased. 25. No person entitled to a general grant of administration of the estate of the deceased shall be permitted to take a limited grant, except by order of the Court. Administration under the Succession Act, 1965 26. Whenever the Court under the Succession Act, 1965 , section 27, appoints as administrator someone other than a person who would otherwise be entitled to the grant the fact that an order under the section has been made shall be stated in the oath of the administrator, in the grant of administration and in the administration bond. Grant to an Attorney. 27. In the case of a person residing out of or about to leave the jurisdiction of the Court, or who, in the opinion of the Court or the Probate Officer is suffering from a severe continuing physical disability, administration, or administration with the will annexed, may be granted to his attorney acting under a power of attorney. Grant to a Guardian. 28. A grant of administration may be made to the guardian of an infant for the infant's use. 29. In a case where any infant has not a testamentary guardian or a guardian appointed by the Court, or by or under the provisions of the Guardianship of Infants Act, 1964 , a guardian shall be assigned by order of the Court or of the Probate Officer. The application for such an order shall be grounded on an affidavit showing as nearly as possible the amount of the assets, the age of the infant and with whom he resides, that the proposed guardian is either the nearest relation of the infant or that the nearest relation has renounced his right to the guardianship, or is consenting to the assignment of the proposed guardian, and that such proposed guardian is ready to undertake the guardianship. On such application the Court or Probate Officer shall have regard to the expressed wishes of any infant over the age of twelve years. Administrator's oath. 30. (1) The oath of an administrator shall be so worded as to clear off all persons having a prior right to the grant. Where there are prior interests the grant shall show on its face how they have been cleared off. (3) The value of the property stated in the administrator's oath shall be verified by other affidavits if required by a District Registrar. Administration bond. 31. Administration bonds shall be attested by the Probate Officer or Assistant Probate Officer or District Registrar, or by a commissioner or other person now or hereafter to be authorised to take affidavits, but in no case are they to be attested by the solicitor or agent of the party who executes them. The signature of the administrator to such a bond, if not taken in the Probate Office or District Registry, shall be attested by the same person who administers the oath to such administrator unless the Court or the Probate Officer or District Registrar shall otherwise order. 32. A District Registrar is to take care as far as possible that the sureties to administration bonds are responsible persons. 33. The sureties to administration bonds shall justify in the gross amount at which the estate of the deceased is sworn unless the Court or the Probate Officer or District Registrar shall otherwise order. 34. The form of administration bond prescribed by the President of the High Court from time to time shall be used in the case of estates of persons dying on or after the 1st January, 1967. The form set out in Appendix Q, Part II, is the form prescribed at the date of the making of these rules. In the case of estates of persons dying before the 1st January, 1967, the forms heretofore in use in connection with such estates shall be used. Issue of grant. 35. No probate or letters of administration shall issue until after the lapse of fourteen days from the death of the deceased, unless by order of the Court or of the Probate Officer. 36. All probates or letters of administration issued from a District Registry shall be filled up there; and any former grant which has been revoked or which has ceased shall be cleared off therein. 37. Notices of application for grants of probate or administration with will annexed transmitted by a District Registrar to the Probate Officer shall contain in addition to the particulars specified in the Succession Act, 1965 , section 36, an extract of the words of the will by which the applicant has been appointed executor, or the words (if any) upon which he founds his claim to such administration, and shall show the day upon which the application is made. 38. Notice of application shall set forth the names and interests of all persons who, according to the practice of the Court, would have a prior right to the applicant, and shall show how such prior right is cleared off. In case the persons, or any of them, shall have renounced, the date of such renunciation shall be stated. If the applicant claims as the representative of another person, the date and particulars of the grant to him in the estate of such other person shall be stated. 39. The oath of an executor or administrator shall be subscribed and sworn as an affidavit and filed in the appropriate District Registry. 40.

The draft oath to lead to grants of special or limited probate, or of administration intestate or with will annexed, shall be transmitted by the District Registrar to the Probate Officer to be settled; and no special or limited grant shall issue until the draft oath to lead to the same has been settled by the Probate Officer. 41. A District Registrar may, in cases where he deems it necessary, require proof, in addition to the oath of the executor or administrator, of the identity of the deceased, or of the party applying for the grant. 42. Every will or copy of a will exhibited in the oath of an executor or administrator with will annexed shall be marked by such executor or administrator and by the person before whom he is sworn. Such marking shall be made on the back of the will or elsewhere so as to be clearly distinguishable from the will itself and its attestation. 43. No person who renounces probate of a will or letters of administration of the estate of a deceased person in one character, shall be allowed to obtain representation to the same deceased in another character, unless the Court shall otherwise order. Revocation and alteration of grant. 44. Grants of probate or letters of administration shall be revoked only by order of the Court or of the Probate Officer. 45. No grant of probate or letters of administration shall be altered by a District Registrar, without an order of the Probate Officer having been previously obtained. In case the name of the testator or intestate or the date of death requires alteration, notice of an application to amend shall be given, and the alteration ordered shall not be made by a District Registrar until the usual certificate on such notice has been received from the Probate Officer. 46. Order 40, Part I, shall apply to affidavits filed or used in District Registries. 47. In every case where an affidavit is made by a subscribing witness to a will for the purpose of proving the execution thereof, such subscribing witness shall depose as to the mode in which the said will was executed and attested. 48. Any person intending to oppose the issuing of a grant of probate or letters of administration shall, either personally or by his solicitor, lodge a caveat in the Probate Office or in the appropriate District Registry. 49. A caveat shall bear date of the day it is lodged, and shall remain in force for the space of six months only, and then expire and be of no effect; but caveats may be renewed from time to time. 50. Every caveat shall state the name and address of the person on whose behalf the same is lodged, and the registered place of business of the solicitor lodging the same, or if there be no solicitor, an address for service (within the jurisdiction) at which the caveat can be warned and where the case is so, the caveat shall state that it is lodged only with a view to seeing that the security is sufficient. 51. Any person who shall knowingly lodge, or cause to be lodged, in a District Registry, a caveat in the name of a fictitious person, or with a false address of the person on whose behalf it purports to be lodged, shall be deemed guilty of a contempt of Court. 52. A District Registrar shall, immediately upon a caveat being lodged, send a copy thereof to the Probate Officer, and also to the Registrar of any other district in which it is alleged the deceased resided at the time of his death, or in which he is known to have a fixed place of abode at the time of his death, and shall state the day on which the same was lodged. 53. No caveat shall affect any grant made on the day on which the caveat has been lodged, or on the day on which notice is received of a caveat having been lodged in a District Registry. 54. Caveats shall be warned from the Probate Office only. 55. After a caveat has been lodged, a District Registrar shall not proceed with the grant of probate or administration to which it relates until it has expired or been subducted, or until he has received notice from the Probate Office that the caveat has been warned and no appearance entered or that the contentious proceedings consequent on the caveat have terminated. Citations and subpoenas. 56. Citations and subpoenas shall be issued from the Probate Office only. 57. No grant shall issue from a District Registry, after a citation, without the production of an attested copy of the order of the Court or of the Probate Officer authorising the same. Blind and illiterate testator. 58. A District Registrar shall not allow probate of the will or administration of the will annexed of any blind or illiterate person to issue unless he is satisfied by evidence on affidavit that the will was read over to the testator before its execution or that the testator had at such time knowledge of its contents. Where such information is not forthcoming, the District Registrar shall communicate with the Probate Officer. Alteration in grant. 59. Whenever any alteration is made in a grant, or a renunciation is filed, notice of such alteration or renunciation shall without delay be forwarded by the District Registrar to the Probate Officer, but no fee shall be payable in respect of any such notice. List of grants. 60. The lists of grants of probate and administration required to be furnished by a District Registrar under the Succession Act, 1965 , Section 36, shall contain the name of the District Registry in which such grant was made and the first name and surname of each testator and intestate. 61. Every such list of grants forwarded by a District Registrar shall be accompanied by a copy of the record of each grant mentioned in it. The record, besides stating the necessary particulars of the grant to which it refers, shall contain the place and date of death of the testator or intestate, the names and description of each executor or administrator, the date of each grant and the sum under which the value of the estate is sworn. 62. Within four days from the end of each month each District Registrar shall forward to the Probate Office a return arranged alphabetically of all grants of probate or letters of administration passed at his District Registry during the preceding month. Notice to Attorney General. 63. In all cases where application is made for letters of administration (intestate or with a will by which all the estate is not disposed of annexed) of the estate of an illegitimate person dying a bachelor, or a spinster, or a widower or widow without issue to which no person is entitled to succeed under the provisions of the Legitimacy Act, 1931 , or of the estate of a person dying without known relation, notice of such application shall be given to the Attorney General, in order that he may determine whether it will be expedient to intervene on the part of the State; and no grant is to be issued until he has signified the course it will be proper to take. Transmission of papers. 64. When an application is made to the Court, in relation to an application for a grant at a District Registry, the District Registrar shall transmit all relevant original papers and documents to the Probate Office; and the same, after the directions of the Court have been taken, shall on the application of the parties (unless the Court shall otherwise direct) be returned to the District Registrar, together with an attested copy of the order of the Court. 65. Original papers shall be forwarded to the Probate Office whenever an inspection of them is necessary to enable the Probate Officer to answer the questions submitted to him by a District Registrar. Papers and other documents may be transmitted by a District Registrar to the Probate Officer and by the Probate Officer to a District Registrar by registered post. Copies of wills. 67. Copies of wills and other testamentary documents will not be collated with the originals unless specifically required. Every copy required to be certified shall be certified under the hand of the District Registrar. 68. The seal of the Court shall not be affixed to any copy of a will or other document, unless the same has been attested and certified. Production of documents. 69. (1) If a will or other document filed in a District Registry is required to be produced at any other place, application shall be made for that purpose in sufficient time to allow for making and examining a copy of such will or other document. (2) On the making of such an application, there shall (unless the Court or the Probate Officer otherwise directs) be made a copy of such will or other document, which copy shall be examined with the original, and such examined copy shall be deposited in place of the original pending its return. (3) Where the will or other document is required for production in the High Court on Circuit or in the Circuit Court such will or other document may by direction of the District Registrar be sent by registered post to the appropriate County Registrar. 70. No practising solicitor, or clerk or apprentice to a practising solicitor shall be admitted as surety to an administration bond, without the leave of the Court or the Probate Officer. Personal application for grant. 71. Persons wishing to obtain grants of probate or letters of administration without the intervention of a solicitor shall apply at a District Registry in person, and not by letter. 72. No such application will be received through an agent. 73. A personal applicant shall not be attended by another person acting or appearing to act as his adviser, unless the District Registrar otherwise permits. 74. An application which has in the first instance been made through a solicitor shall not afterwards be treated as a personal application, unless the Probate Officer otherwise directs. 75. An application for a grant of probate or administration in a case which has already been before the Court (on motion or otherwise) shall not be entertained as a personal application, but shall be made through a solicitor, unless the Probate Officer otherwise directs. 76. Whenever it becomes necessary in the course of a personal application to obtain the directions of the Court, the application shall not be proceeded with until such directions have been obtained. 77. The papers necessary to lead to the grant shall be prepared and sworn in the District Registry. An applicant may bring such papers, or any of them, filled up, and if correct they may be received and if already sworn shall be resworn. Any papers once received in a District Registry shall not be given out unless under special circumstances by permission of the Probate Officer. 78. All administration bonds, in cases of personal application, are to be executed in the District Registry making the grant, unless otherwise permitted by the District Registrar. 79. Engrossments of wills and testamentary papers shall be made in the District Registry from which the grant is to issue. 80. Every applicant for a grant of probate or letters of administration shall give under his hand a schedule of the property to be affected by the grant. 81. Legal advice shall not be given to applicants, either with respect to the property to be included in the schedule, or upon any other matter connected with the application, and a District Registrar shall only be held responsible for embodying in a proper form the instructions given to him, but he shall, as far as practicable, assist applicants by giving them information and directions as to the course which they must pursue. 82. A receipt or acknowledgement of each application shall be handed to the applicant, and the production of such receipt shall be required of the person who intends to obtain the grant when completed. 83. Every applicant for a grant of probate or letters of administration shall produce a certificate of death or burial of the deceased, or give a satisfactory reason for the non-production thereof. 84. This order applies equally to codicils as to wills. 85. The certificate required to be given by the proper officer of the Court, under the Customs and Inland Revenue Act, 1881, Section 30, as amended by the Capital Acquisitions Tax Act, 1976 , for the purposes of the Finance Act, 1894, shall be in such form as the Probate Officer shall from time to time prescribe according to the circumstances of the case. 86. In the case of the estates of persons dying on or after the 1st January, 1967, the forms in Appendix Q, Part 1, shall, where applicable, be used. In the case of the estates of persons dying before the 1st January, 1967, the forms heretofore in use in connection with such estates shall be used. 2. A memorandum of satisfaction may be ordered by the Master to be written upon a registered copy of a bill of sale, on a requisition signed by a solicitor, and a consent to the satisfaction signed by the person entitled to the benefit of the bill of sale, and verified by affidavit being produced to the Master and filed in the Central Office. Such requisition and consent shall be in the Form No. 1 in Appendix R. 3. Where consent cannot be obtained, the Master may, on application by motion on notice and on hearing the person entitled to the bill of sale, and on proof to his satisfaction, that the debt (if any) for which the bill of sale was made has been satisfied or discharged, order a memorandum of satisfaction to be written upon a registered copy thereof. 5. The abstract of the contents of a bill of sale required by the Bills of Sale (Ireland) Act (1879) Amendment Act, 1883, to be transmitted to a Clerk of the Peace shall be transmitted to the appropriate County Registrar and shall be in Form No. 2 in Appendix R. 6. Where a bill of sale shall be re-registered under the Bills of Sale (Ireland) Act, 1879, section 11, an abstract of the re-registration shall be transmitted by post to the County Registrar to whom such abstract should have been transmitted had the bill of sale been registered under the Bills of Sale (Ireland) Act (1879) Amendment Act, 1883. 7. Where a memorandum of satisfaction has been or shall be written upon any registered or re-registered copy of a bill of sale, an abstract of which has been transmitted to any County Registrar, a notice of such satisfaction, in the Form No. 3 in Appendix R shall be transmitted to each County Registrar to whom an abstract of such bill of sale shall have been transmitted. 9. Each County Registrar shall keep an index, alphabetically arranged, in which he shall enter under the first letter of the surname of the mortgagor or assignor, such surname, together with the appropriate christian names, address and description, and the number which has been affixed to the abstract. 10. Upon the receipt of a notice of satisfaction, the County Registrar shall enter the notice of satisfaction on the abstract of the bill to which it relates, and shall note in the index against the name of the mortgagor or assignor the fact of the satisfaction having been entered. 12. The County Registrar shall also, if required, cause an office copy to be made of any extract or notice of satisfaction and shall be entitled for making and marking the same, to the same fee as is payable in the Central Office. ORDER 82. DEEDS OF ARRANGEMENT. 1. The affidavits to be filed pursuant to the Deeds of Arrangement Act, 1887, section 6, shall be respectively in the Forms Nos. 1 and 2 in Appendix S. 2. The abstract of the contents of any deed of arrangement shall be entered on the Register under the said Act of 1887 in the Form No. 3 in Appendix S. 3. Upon every copy of a deed of arrangement which is presented for filing there shall be indorsed by the person who presents it the name of the debtor, the date of the deed and of the filing thereof, the total amount of duty with which the deed is stamped, and a certificate signed by the solicitor of the debtor or the person who presents the copy for filing certifying that the copy is a correct copy of the deed, and stating the number of folios (of seventy-two words each), which the deed contains. 4. When a deed of arrangement is registered there shall be written on the original deed a certificate that the deed has been duly registered, and the date of registration. 6. The affidavit to be filed pursuant to the Deeds of Arrangement Amendment Act, 1890, Section 2 (2) shall be in the Form No. 4 in Appendix S. 7. The abstract of the contents of any documents and affidavits shall be entered on the Register under the said Act of 1890, in the Form No. 5 in Appendix S. ORDER 83. CONSTRUCTION OF WRITTEN INSTRUMENTS. 1. Any person claiming to be interested under a deed, will or other written instrument, may apply by special summons for the determination of any question of construction arising under the instrument, and for a declaration of the rights of the persons interested. 2. The Court may direct such persons to be served with the summons as it may think fit. 3. The application shall be supported by such evidence as the Court may require. 4. The Court shall not be bound to determine any such question of construction if, in its opinion, it ought not to be determined on special summons. ORDER 84. JUDICIAL REVIEW AND ORDERS AFFECTING PERSONAL LIBERTY. 1. (1) Orders of habeas corpus, orders of certiorari, orders of mandamus, orders of prohibition and orders of attachment shall be witnessed in the name of the Chief Justice or, if the office of Chief Justice be vacant, in the name of the President of the High Court, sealed with the seal of the High Court and bearing date of the day of issue. (2) The expression "order of habeas corpus" does not include an order made pursuant to Article 40 section 4 of the Constitution. (3) Every order referred to in this rule shall be served personally on the person to whom it is directed, unless the Court otherwise directs. Habeas Corpus. 2. An application for an order of habeas corpus shall be by motion for a conditional order. 3. Unless the Court shall otherwise direct ) the application for an order of habeas corpus ad subjiciendum shall be on affidavit which shall be entitled shortly in the matter in question and in the matter of the Habeas Corpus Act, 1782, ) No order of habeas corpus ad subjiciendum shall be granted where the validity of any warrant, committal order, conviction or record shall be questioned, unless at the time of moving a copy of such warrant, committal order, conviction or record verified by affidavit be produced to the Court, or the absence thereof accounted for to the satisfaction of the Court. 4. The order of habeas corpus ad subjiciendum shall be served personally on the person to whom it is directed, unless the Court shall otherwise direct. If the order is directed to a jailer or other public official, it shall be served by leaving it with him or his servant or agent at the place of confinement or restraint, or in such manner as the Court may direct. 5. The Court may, on the motion to make absolute notwithstanding cause shown, order either that the body of the person detained be produced before the Court or that such person be released from such detention. 6. Every conditional order of habeas corpus shall be filed in the Central Office and served together with a copy of the grounding affidavit (if any) within ten days from the day the same shall be pronounced, unless further time is allowed by the Court, and in default thereof such conditional order shall stand discharged. 7. Unless the conditional order shall otherwise direct, cause shall be shown within ten days after service thereof. 9. (1) Where cause has been shown as aforesaid the applicant may apply to the Court by motion on notice to make absolute the conditional order, in whole or in part notwithstanding the cause shown. (2) Notice of such motion shall be served on the party showing cause or his solicitor within six days after service by him of a notice of filing in pursuance of rule 8 or, where cause is shown by more than one party then within six days of the service of the last of such notices, and if such notice of motion shall not be served on such party he shall be entitled to an order of course allowing the cause shown and directing that his costs of showing cause be taxed and paid by the applicant. 10. Where cause has not been shown in the manner and within the time aforesaid the applicant shall on filing an affidavit of service of the conditional order and a certificate that no cause has been shown, be entitled to obtain a side bar order making the conditional order absolute (unless the conditional order shall have otherwise directed). 11. The return to the order of habeas corpus, where the body is not produced, shall be by affidavit to be made by the party to whom the order is directed and shall contain such full answer to the allegation that the person is detained as the circumstances may require. 12. If an order of habeas corpus is disobeyed by the person to whom it is directed, application may be made to the Court, on an affidavit of service and disobedience, for an attachment for contempt. In vacation an application may be made to the Court for a warrant for the apprehension of the person in contempt to be brought before the Court to be bound over to appear at the next ensuing sittings, to answer for his contempt, or to be committed to prison for want of bail. 13. An application to bring up a prisoner to give evidence in any cause or matter, civil or criminal, before any Court, may be made to the Court on affidavit. Attachment for Contempt. 14. An application for an order of attachment for contempt shall be made by motion 15. (1) An application for bail by a person in custody shall be by motion on notice to the Chief State Solicitor grounded on the affidavit of the applicant. (2) Proceedings shall be entitled: THE HIGH COURT IN THE MATTER OF A BAIL APPLICATION THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS) AT PRESENT PENDING IN THE or to the appropriate effect. (3) Where an applicant has no solicitor, the Court may dispense with the necessity for a notice of motion and affidavit, and in lieu thereof shall give all appropriate directions including a direction that the applicant be brought before the Court on a date and at a time to be specified, of which the Chief State Solicitor shall be notified, and for the purpose of giving such directions, the Court may hear the applicant. (4) References to the Director of Public Prosecutions shall, where appropriate, be deemed to include references to the Attorney General. 16. Every recognizance acknowledged on the removal of an order, or other proceeding, or for the appearing or answering of any party in the Court, or for good behaviour shall, after the acknowledgement thereof, be transmitted to the Central Office and filed there. 17. No recognizance shall be forfeited or estreated without an order of the Court. Notice of application for any such order shall be served on the parties by whom such recognizances shall have been given. Judicial review. 18. (1) An application for an order of certiorari, mandamus, prohibition or quo warranto shall be made by way of an application for judicial review in accordance with the provisions of this Order. (2) An application for a declaration or an injunction may be made by way of an application for judicial review, and on such an application the Court may grant the declaration or injunction claimed if it considers that, having regard to — ) the nature of the matters in respect of which relief may be granted by way of an order of mandamus, prohibition, certiorari, or quo warranto, ) the nature of the persons and bodies against whom relief may be granted by way of such order, and ) all the circumstances of the case, it would be just and convenient for the declaration or injunction to be granted on an application for judicial review. 19. On an application for judicial review any relief mentioned in rule 18 (1) or (2) may be claimed as an alternative or in addition to any other relief so mentioned if it arises out of or relates to or is connected with the same matter and in any event the Court may grant any relief mentioned in rules 18 (1) or (2) which it considers appropriate notwithstanding that it has not been specifically claimed. 20. (1) No application for judicial review shall be made unless the leave of the Court has been obtained in accordance with this rule. (2) An application for such leave shall be made by motion ex parte grounded upon— ) a notice in Form No.13 in Appendix T containing a statement of: (i) the name, address and description of the applicant, (ii) the relief sought and the grounds upon which it is sought, (iii) the name and registered place of business of the applicant's solicitors (if any), and (iv) the applicant's address for service within the jurisdiction (if acting in person); and Such affidavit shall be entitled:— THE HIGH COURT JUDICIAL REVIEW A.B. APPLICANT C.D. RESPONDENT (3) The Court hearing an application for leave may allow the applicant's statement to be amended, whether by specifying different or additional grounds of relief or otherwise, on such terms, if any, as it thinks fit. (4) The Court shall not grant leave unless it considers that the applicant has a sufficient interest in the matter to which the application relates. (5) Where leave is sought to apply for an order of certiorari to remove for the purpose of its being quashed any judgment, order, conviction or other proceeding which is subject to appeal and a time is limited for the bringing of the appeal, the Court may adjourn the application for leave until the appeal is determined or the time for appealing has expired. (6) If the Court grants leave, it may impose such terms as to costs as it thinks fit and may require an undertaking as to damages. (7) Where leave to apply for judicial review is granted then— ) if the relief sought is an order of prohibition or certiorari and the Court so directs, the grant shall operate as a stay of the proceedings to which the application relates until the determination of the application or until the Court otherwise orders; ) if any other relief is sought, the Court may at any time grant in the proceedings such interim relief as could be granted in an action begun by plenary summons. 21. (1) An application for leave to apply for judicial review shall be made promptly and in any event within three months from the date when grounds for the application first arose, or six months where the relief sought is certiorari, unless the Court considers that there is good reason for extending the period within which the application shall be made. (2) Where the relief sought is an order of certiorari in respect of any judgment, order, conviction or other proceeding, the date when grounds for the application first arose shall be taken to be the date of that judgment, order, conviction or proceeding. (3) The preceding paragraphs are without prejudice to any statutory provision which has the effect of limiting the time within which an application for judicial review may be made. 22. (1) An application for judicial review shall be made by originating notice of motion unless the Court directs that it shall be made by plenary summons. (2) The notice of motion or summons must be served on all persons directly affected and where it relates to any proceedings in or before a Court and the object of the application is either to compel the Court or an officer of the Court to do any act in relation to the proceedings or to quash them or any order made therein, the notice or summons must also be served on the Clerk or Registrar of the Court and, where any objection to the conduct of the Judge is to be made, on the Clerk or Registrar on behalf of the Judge. (3) A notice of motion or summons, as the case may be, must be served within 14 days after the grant of leave, or within such other period as the Court may direct. In default of service within the said time the stay of proceedings referred to in rule 20 (7) shall lapse. In the case of a motion on notice it shall be returnable for the first available motion day after the expiry of 10 days from the date of service thereof, unless the Court otherwise directs. (5) An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the notice of motion or summons must be filed before the motion or summons is heard and, if any person who ought to be served under this rule has not been served, the affidavit must state that fact and the reason for it; and the affidavit shall be before the Court on the hearing of the motion or summons. (6) If on the hearing of the motion or summons the Court is of opinion that any person who ought, whether under this rule or otherwise, to have been served has not been served, the Court may adjourn the hearing on such terms (if any) as it may direct in order that the notice or summons may be served on that person. 23. (1) A copy of the statement in support of an application for leave under rule 20, together with a copy of the verifying affidavit must be served with the notice of motion or summons and, subject to paragraph (2), no grounds shall be relied upon or any relief sought at the hearing except the grounds and relief set out in the statement. (2) The Court may, on the hearing of the motion or summons, allow the applicant or the respondent to amend his statement, whether by specifying different or additional grounds of relief or opposition or otherwise, on such terms, if any, as it thinks fit and may allow further affidavits to be used if they deal with new matters arising out of an affidavit of any other party to the application. (3) Where the applicant or respondent intends to apply for leave to amend his statement, or to use further affidavits he shall give notice of his intention and of any proposed amendment to every other party. 24. (1) On an application for judicial review the Court may, subject to paragraph (2), award damages to the applicant if — ) he has included in the statement in support of his application for leave under rule 3 a claim for damages arising from any matter to which the application relates, and ) the Court is satisfied that, if the claim had been made in a civil action against any respondent or respondents begun by the applicant at the time of making his application, he would have been awarded damages. (2) Order 19, rules 5 and 7, shall apply to a statement relating to a claim for damages as it applies to a pleading. 25. (1) Any interlocutory application may be made to the Court in proceedings on an application for judicial review. In this rule "interlocutory application" includes an application for an order under Order 31, or Order 39, rule 1, or for an order dismissing the proceedings by consent of the parties. (2) Where the relief sought is or includes an order of mandamus, the practice and procedure provided for in Order 57 shall be applicable so far as the nature of the case will admit. 26. (1) On the hearing of any motion or summons under rule 22, any person who desires to be heard in opposition to the motion or summons, and appears to the Court to be a proper person to be heard, shall be heard, notwithstanding that he has not been served with notice of the motion or the summons. (2) Where the relief sought is or includes an order of certiorari to remove any proceedings for the purpose of quashing them, the applicant may not question the validity of any order, warrant, committal, conviction, inquisition or record, unless before the hearing of the motion or summons he has lodged in the High Court a copy thereof verified by affidavit or accounts for his failure to do so to the satisfaction of the Court hearing the motion or summons. If necessary, the court may order that the person against whom an order of certiorari is to be directed do make a record of the judgment, conviction or decision complained of. (3) Where an order of certiorari is made in any such case as is referred to in paragraph (2), the order shall, subject to paragraph (4), direct that the proceedings shall be quashed forthwith on their removal into the High Court. (4) Where the relief sought is an order of certiorari and the Court is satisfied that there are grounds for quashing the decision to which the application relates, the Court may, in addition to quashing it, remit the matter to the Court, tribunal or authority concerned with a direction to reconsider it and reach a decision in accordance with the findings of the Court. (5) Where the relief sought is a declaration, an injunction or damages and the Court considers that it should not be granted on an application for judicial review but might have been granted if it had been sought in a civil action against any respondent or respondents begun by plenary summons by the applicant at the time of making his application, the Court may, instead of refusing the application, order the proceedings to continue as if they had been begun by plenary summons. (6) Where the relief sought is or includes an order of mandamus, the proceedings shall not abate by reason of the death, resignation or removal from office of the respondent but they may, by order of the Court, be continued and carried on in his name or in the name of the successor in office or right of that person. (7) At any stage in proceedings in prohibition, or in the nature of quo warranto, the Court on the application of any party or of its own motion may direct a plenary hearing with such directions as to pleadings, discovery, or otherwise as may be appropriate, and thereupon all further proceedings shall be conducted as in an action originated by plenary summons and the Court may give such judgement and make such order as if the trial were the hearing of an application to make absolute a conditional order to show cause. 27. The forms in Appendix T shall be used in all proceedings under this Order. ORDER 85. CENTRAL CRIMINAL COURT. 1. In this Order "the Registrar" means the County Registrar of the county, county borough, or other area in which the Central Criminal Court is for the time being sitting. 2. The Registrar shall give notice of the date fixed for the trial of an accused person to the Chief State Solicitor, and to the accused person. If such accused person is represented by a solicitor who has given notice to the Registrar of the fact that he represents the accused person the Registrar shall also give notice of the date of trial to such solicitor. 3. The indictment containing the charges to be preferred against the accused person shall be lodged with the Registrar. 4. The accused person or his solicitor shall be entitled on application to obtain a copy of the indictment from the Registrar free of charge. 5. The Registrar shall on application to him supply free of charge to the accused person or his solicitor copies of the depositions relating to the offences with which he is charged as follows: ) in case the accused is charged with murder, six copies; ) in other cases, four copies; ) where two or more persons, who are represented by the same solicitor, are to be tried together, one additional copy for each accused person beyond the first. 6. The Registrar shall have custody of the original depositions of witnesses examined in the District Court and also of all books, papers and documents and all other property, matters and things put in evidence in the District Court, or during the trial of any person by the Central Criminal Court, or on any application made to the Central Criminal Court in reference to any such trial or intended trial, and shall retain the same until directed by the Central Criminal Court to return the same. 7. The Registrar shall keep a register containing particulars of all cases for trial by the Central Criminal Court. 8. Every order of the Central Criminal Court, when drawn up, shall be dated the day of the week, month and year on which the same was made and unless the Central Criminal Court shall otherwise direct, shall take effect accordingly, and shall be issued out of the office of the Registrar. ORDER 86. COURT OF CRIMINAL APPEAL. 1. In this Order: "Judge of the court of trial" means the Judge of any Court from the conviction before or the sentence of which, a person desires to appeal; "proper officer of the Court of trial " means the Registrar of the Court or other person for the time being acting as such in any Court from the conviction before or the sentence of which a person desires to appeal; "official stenographer" means the person appointed to attend the trial and, where necessary, to make a report; "exhibits" includes all books, papers and documents and all other property, matters and things whatsoever connected with the proceedings against any person who is entitled or may be authorised to appeal if the same have been forwarded to the Court of trial on the person accused being committed for trial, or having been produced and used in evidence during the trial of, or other proceedings in relation to a person entitled or authorised to appeal, and any written statement handed in to the Judge of the Court of trial by such person, but shall not include the original depositions of witnesses examined before the committing justice nor any indictment against any such person or any plea filed in the court of trial; "Court" means "Court of Criminal Appeal," and shall, in relation to any interlocutory application, include the Chief Justice or any Judge of the Supreme Court nominated by the Chief Justice to hear and determine such application; "the Registrar" means the Registrar of the Court of Criminal Appeal. "appellant" includes an applicant for leave to appeal. 2. The forms set out in Appendix U shall be used in all cases to which such forms are applicable, and the forms in this Order referred to are those set out in such Appendix. Certificate of the Judge of the Court of trial. 3. Every application for a certificate of the Judge of the Court of trial that the case is a fit case for appeal shall be made at the close of the trial or within three days thereafter, and the certificate when granted may be in the Form No. 1. Notice of appeal. 4. A person desiring to appeal to the Court shall serve on the Registrar a notice of appeal in the Form No. 2. A person desiring to apply to the Court for leave to appeal shall serve on the Registrar a notice of application for leave to appeal in the Form No. 3. In either case, the notice so served shall answer the questions and comply with the requirements set forth on such forms. An appeal or an application for leave to appeal against a conviction may be argued only on grounds which have been set out in such notice, save where the Court, on application being made to it not less than fourteen days before the date fixed for the hearing of the appeal or application, may direct the addition of grounds of appeal. 5. Every notice of appeal shall be served within fourteen days from the date of the grant of the certificate, and every notice of application for leave to appeal shall be served within seven days from the date of the refusal of the certificate. Every notice of appeal under section 29 (6) of the Road Traffic Act, 1961 , shall be served on the Registrar within seven days from the date of the order appealed against and shall be in the Form No. 27. 6. Where the Court has, on a notice of application for leave to appeal duly served, given an appellant leave to appeal, it shall not be necessary for such appellant to give any notice of appeal, but the notice of application for leave to appeal shall in such case be deemed to be a notice of appeal. 7. When the Registrar receives a notice of appeal, or a notice of application for leave to appeal, he shall give notice thereof in the Form No. 4 to the following persons:— ) the Chief State Solicitor; ) the proper officer of the Court of trial; ) the Commissioner of the Garda Síochána; and also, if the appellant is in prison, or has been released on bail— ) the Governor of such prison, and ) the Secretary of the Department of Justice; provided that the Registrar shall not be required to give such notice to the Governor of a prison if the appellant's notice of appeal, or notice of application for leave to appeal, shall have been forwarded to the Registrar by such Governor. Enlargement of time for appealing. 8. (1) Except in cases where steps are required by statute to be taken in the Central Criminal Court or in the Circuit Court, the Court shall have power to enlarge the time appointed for doing any act or taking any proceeding upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed. (2) An application to the Court for an enlargement of time within which notice of appeal or notice of application for leave to appeal may be served shall be in the Form No. 5. (3) The form of application shall, in addition to specifying the grounds of such application, also specify the grounds on which the applicant proposes to base his appeal or application for leave to appeal. Appeal where fine only is inflicted. 9. (1) Where a person has, on his conviction, been sentenced to payment of a fine, and in default of payment to imprisonment, the person lawfully authorised to receive such fine, shall, on receiving the same, retain it until the determination of any appeal in relation thereto. (2) If such person remains in custody in default of payment of the fine, he shall be deemed to be a person sentenced to imprisonment. (3) Where any person has been convicted and is thereupon sentenced to the payment of a fine, and in default of such payment, to imprisonment, and he intimates to the Judge of the Court of trial that he is desirous of appealing against his conviction or sentence to the Court, and applies for a certificate, such Judge may, if he gives a certificate, order such person forthwith to enter into recognizances, with or without sureties, to prosecute his appeal, and subject thereto, may order that payment of the said fine shall be made at the final determination of his said appeal, if the same be dismissed, to the Registrar, or as the Court may then order. The recognizances under this rule shall be in the Forms Nos. 6 and 7. A surety becoming duly bound by recognizances under this rule shall be deemed to be, for all purposes and shall have all the powers of a surety under the provisions of rule 20. The proper officer of the Court of trial shall forward the recognizances of the appellant and his surety to the Registrar. (4) If any convicted person, who has entered upon recognizances in pursuance of sub-rule (3), fails to serve notice of appeal within the time allowed by rule 5 or by any order enlarging time, the Registrar shall certify such failure and shall send his certificate, together with the recognizances forwarded to him in pursuance of sub-rule (3), to the proper officer of the Court of trial; and thereupon the Judge of the Court of trial may, notwithstanding the certificate, that the case is a fit case for appeal, make such order for the estreat of the said recognizances, payment of the fine and otherwise as he may think fit. (5) An appellant who has been sentenced to the payment of a fine, and has paid the same in accordance with such sentence, shall in the event of an appeal by him being successful, be entitled, subject to any order of the Court, to the return of the sum so paid by him. Suspension of orders of trial Judge pending appeal. 10. Where the Judge of the Court of trial is of opinion that the title to any property the subject of an order of restitution made on a conviction of a person before him, or any property to which the provisions of the Sale of Goods Act, 1893, section 24 (1) apply, is not in dispute, and that such property or a sample or portion or facsimile representation thereof is reasonably necessary to be produced for use at the hearing of any appeal, he shall give such directions to, or impose such terms upon the person in whose favour the order of restitution is made, or in whom such property revests under such subsection, as he shall think right in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal. 11. (1) Where, on the conviction of a person, the Judge of the Court of trial makes an order condemning such person to the payment of the whole or of any part of the costs and expenses of the prosecution for the offence of which he has been convicted out of any moneys taken from such person on his apprehension or otherwise, or where such Judge orders a reward to any person who shall appear to have been active in the apprehension of any such convicted person, or where such Judge makes any order under the Offences Against the Person Act, 1861, section 74, or where such Judge makes any order awarding to any person aggrieved any sum of money to be paid by such convicted person under the Forfeiture Act, 1870, or where such Judge makes on the conviction of any person before him any order for the payment of money by such convicted person or by any other person or any order affecting the rights or property of such convicted person, the operation of such orders shall in any such cases be suspended until the expiration of twenty-one clear days after the day on which any of such orders was made. In cases in relation to which such an order was made, where notice of appeal or notice of application for leave to appeal is served within such twenty-one days, such order shall be further suspended until the determination thereof. The Court may by order annul any order to which this rule refers, or may vary such order, and such order, if annulled, shall not take effect, and, if varied, shall take effect as so varied. The proper officer of the Court of trial shall keep a record of any such orders. (2) Where the Judge of the Court of trial makes any such order, he shall give such directions as he thinks right as to the retention by any person of any money or valuable securities belonging to the person so convicted and taken from such person on his apprehension, or of any money or valuable securities at the date of his conviction in the possession of the prosecution, for the period of twenty-one clear days, or, in the event of an appeal, or of an application for leave to appeal, until the determination thereof. The proper officer of the Court of trial shall keep a record of any such directions. (3) Where the Judge of the Court of trial makes any order for the payment of money by a convicted person or by any other person, and by reason of this rule such order would be suspended, he may direct that the operation of such order shall not be suspended unless the person on whom such order has been made shall, in such manner and within such time as he shall direct, give security by way of undertaking or otherwise for the payment to the person in whose favour such order shall have been made of the amount therein named. (4) Where on a conviction any property, matters or things the subject of the prosecution or connected therewith are to be or may be ordered to be destroyed or forfeited under the provisions of any statute, the destruction or forfeiture or order for destruction or forfeiture thereof shall be suspended for the period of twenty-one days from the close of the trial, and, in the event of an appeal, or of an application for leave to appeal, shall be further suspended until the determination thereof. (5) Where, upon the conviction of any person, any claim may be made or any proceedings may be taken under any statute against such person or any other person in consequence of such conviction, such proceedings shall not be taken until after the period of twenty-one days from the close of the trial, or in the event of an appeal, or of an application for leave to appeal, until the determination thereof. 12.

An order of restitution shall be suspended for the period of twenty-one clear days from the day of the close of the trial, and, in cases where notice of appeal or notice of application for leave to appeal is duly given, the period of suspension of such order shall continue until the determination thereof. 13. (1) The proper officer of the Court of trial, or other officer thereof having the custody of the records of such Court, or the deputy of such proper officer or other officer, shall not issue, under any statute authorising him so to do, a certificate of conviction of any person convicted on indictment in the court to which he is such proper officer, officer, or deputy for the period of twenty-one clear days after the day of the close of the trial, or, when a notice of appeal or of application for leave to appeal has been duly given, until the determination thereof. (2) Where an application is made to such proper officer, officer, or deputy to issue a certificate of conviction after the expiration of the said period of twenty-one clear days, he shall require, before issuing the same, to be satisfied that there is no appeal or application for leave to appeal, then pending in the Court against such conviction. A person desirous of obtaining a certificate of conviction from such proper officer, officer, or deputy shall be entitled to obtain from the Registrar a certificate in the Form No. 8 for the purpose of satisfying such proper officer, officer, or deputy that no appeal or application for leave to appeal against such conviction is then pending. After the expiration of two months from the date of the conviction a certificate thereof may be issued by such proper officer, officer, or deputy, except in cases in which he has had notice of an appeal or application for leave to appeal still undetermined. For the purposes of this rule the expression "conviction" shall mean the verdict or plea of guilty and any final judgment passed thereon. Official stenographer and transcript of notes. 14. (1) The official stenographer shall at the conclusion of the trial, sign the shorthand note taken by him and certify the same to be complete and correct. (2) On request by the Registrar, the official stenographer shall furnish to him a report comprising the original shorthand note and a transcript of the whole of such note or of such part thereof as may be required. (3) Before furnishing his report to the Registrar, the official stenographer shall submit the transcript to the Judge of the Court of trial to be certified by him. (4) A party interested in an appeal or application for leave to appeal may obtain from the Registrar a copy of the transcript of the whole or of any part of such shorthand note as relates to the appeal or application upon payment of the proper charges. (5) The transcript may be made by the official stenographer who took the shorthand note or other competent person. (6) The transcript shall be typewritten and certified by the person making the same to be a correct and complete transcript of the whole, or of such part as may be required of the shorthand note taken by the official stenographer. (7) The report of the official stenographer shall contain the evidence, any objection taken in the course thereof, any statement made by the prisoner, the summing up and the sentence of the Judge of the Court of trial, but unless otherwise ordered by such Judge shall not include any part of the speeches of counsel or solicitor. Exhibits and documents relating to trial. 15. When the Registrar receives a notice of appeal or a notice of application for leave to appeal he shall forthwith apply to the proper officer of the Court of trial for the original depositions of witnesses examined before the committing Justice, the indictment or indictments against the appellant, a copy of the record of the trial by the appellant from the Trials Book, any exhibit or exhibits retained by such officer and a list of such exhibits; and such officer shall forthwith furnish the same to the Registrar. Upon the final determination of the appeal or application for leave to appeal, the Registrar shall return the aforesaid documents to such officer. Documents for use of the Court and appellants. 16. (1) The Registrar may, on an application made to him by the appellant or the Director of Public Prosecutions, or shall where he considers the same to be necessary for the proper determination of any appeal or application, or where directed by the Court so to do, obtain and keep available for use by the Court any documents, exhibits or other things relating to the proceedings before the Court, and, pending the determination of the appeal or application for leave to appeal, such documents, exhibits, or other things shall be open, as and when the Registrar may arrange, for the inspection of any party interested. (2) The Court may, at any stage of an appeal or application for leave to appeal, on the application of an appellant or the Director of Public Prosecutions, order any document, exhibit, or other thing connected with the proceedings to be produced to the Registrar by any person having the custody or control thereof. (3) Service of any order made under this rule shall be personal, unless the Court otherwise orders, and for the purpose of effecting due service thereof the Registrar may require the assistance of the Garda Síochána, and it shall be their duty to carry out any directions of the Registrar under this rule. 17. (1) At any time after notice of appeal or notice of application for leave has been served, an appellant or the Director of Public Prosecutions or the solicitor or other person representing either of them may obtain from the Registrar copies of any documents or exhibits in his possession for the purposes of such appeal or application. Such copies shall be supplied by the Registrar at the proper charges. (2) A transcript of the shorthand notes taken of the proceedings at the trial of an appellant shall be supplied by the Registrar free of charge ) to an appellant who has been granted a legal aid (appeal) certificate, and ) to any other appellant by order of the Court. (3) Where an appellant who is not legally represented, or who has been granted a legal aid (appeal) certificate, requires from the Registrar a copy of any document or exhibit in his custody for the purposes of his appeal, he may obtain it if the Registrar considers it is proper to supply the same and in such case shall obtain it free of charge. Report of trial Judge. 18. (1) The Registrar, whenever in relation to any appeal or application for leave to appeal, the Court directs him so to do, shall request the Judge of the Court of trial to furnish him with a report in writing giving his opinion upon the case generally or upon any point arising thereon, and the Judge of the Court of trial shall furnish the same in accordance with such request. (2) The report of the Judge shall be made to the Court, and, except by leave of the Court, the Registrar shall not furnish any part thereof to any person. 19. (1) An appellant desiring to be admitted to bail, pending the determination of his appeal, or of any re-trial, shall (unless the Court shall dispense therewith) serve upon the Registrar notice in the Forms Nos. 9 or 11 of his application for such bail. The Registrar shall forthwith give notice thereof to the Chief State Solicitor, and as soon as a date shall be fixed by the Court for the hearing of such application shall notify the appellant and the Chief State Solicitor. (2) The Court when admitting an appellant to bail shall specify the amount in which the appellant and his surety (if any) shall be bound by recognizance. (3) The Registrar shall notify the Governor of the prison within which the appellant is confined of the terms and conditions on which the Court shall admit the appellant to bail. (4) Unless otherwise ordered by the Court the recognizances of the appellant and his surety (if any) shall be taken before a Justice of the District Court. (5) The recognizances shall be the Forms Nos. 10 or 12. The clerk of the District Court area in which the recognizance of a surety shall be taken shall give to such surety a certificate in the Form No. 14 which the surety shall sign and retain. (6) The clerk of any District Court area before the Justice of which any such recognizance shall be taken as aforesaid shall, in the Form No. 13 forthwith notify the Governor of the said prison of the perfection thereof; and the District Court clerk in whose custody such recognizance may be shall forthwith send the same when perfected to the Registrar. (7) Upon perfection of such recognizances the Governor of the said prison shall release the appellant from custody without further order. (9) The Court may revoke or vary any bail order or enlarge the recognizance of the appellant or of his sureties or substitute any other surety for a surety previously bound. (10) Where the surety upon whose recognizance an appellant has been released on bail, suspects that the appellant is about to depart out of the jurisdiction of the Court, or to fail in any manner to observe the conditions of his recognizance, such surety may lay an information before a Justice of the District Court acting in and for the district in which the appellant is, or is by such surety believed to be or in which such surety may then be, in the Form No. 16, and such Justice shall thereupon issue a warrant in the Form No. 17 for the apprehension of the appellant. (11) The appellant shall, on being apprehended, be brought before the District Court specified in the said warrant. The Justice shall on verification of the said information by oath of the informant, by warrant of committal in the Form No. 18, commit the appellant to the prison to which persons charged with indictable offences before such District Court are ordinarily committed. (12) The clerk of the District Court, on the committal of any such appellant, shall forthwith notify the Registrar to that effect, and forward to him the said information and the deposition in verification thereof taken before such District Court together with a copy of the said warrant of committal. (13) When an appellant has been released on bail and has been apprehended under this rule and is in prison, the Governor thereof shall forthwith notify the Registrar, who shall inform the Court, and the Court may give such directions as to the appeal or otherwise as it thinks fit. (14) At any time after an appellant has been released on bail the Court may revoke the order admitting him to bail, and issue a warrant in the form No. 15 for his apprehension and order him to be committed to prison. (15) Nothing in this rule shall affect the right of a surety to apprehend and surrender into custody the person for whose appearance he has become bound, and thereby to discharge himself of his suretyship. (16) On breach of the recognizance of an appellant, the Court may order his own recognizance to be estreated and may also, on notice to his surety, order the recognizance of such surety to be estreated. The warrant for such estreat shall be in the Form No. 19. Cause list. 20. (1) The Registrar shall keep a register of all cases in which he shall receive a notice of appeal, or notice of application for leave to appeal which shall be open for public inspection. (2) The Registrar shall also prepare from time to time a general list of cases to be dealt with by the Court and shall cause such list to be published at such times and in such a manner as shall be convenient for giving due notice to any parties interested of the hearing of such cases by the Court. 21. The Registrar shall obtain and lay before the Court in proper form all documents, exhibits and other things relating to the proceedings in the court of trial which are necessary for the proper determination of the appeal or application. 22. (1) Where an appellant is in custody, the Registrar shall notify the appellant and his solicitor (if any) the Governor of the prison in which the appellant then is, and the Department of Justice, Prisons Section, of the probable day on which his appeal or application will be heard. The said Department shall (where necessary) take steps to transfer the appellant to a prison convenient for his appearance before the Court at such a reasonable time before the hearing as shall enable him to consult his legal adviser. (2) When date for the hearing of an appeal or application shall be fixed, the Registrar shall give notice thereof to the appellant and his solicitor (if any) and the Chief State Solicitor. Abandonment of appeal. 23. (1) An appellant at any time after he has duly served notice of appeal or of application for leave to appeal or of application for enlargement of time may abandon his appeal or application by giving notice of abandonment thereof in the Form No. 20 not later than ten days before the date fixed for hearing. (2) When the Registrar receives a notice of abandonment of any appeal or application for leave to appeal he shall give notice thereof to all persons to whom he shall have given notice of the receipt by him of notice of such appeal or application for leave to appeal. Examination of witnesses. 24. (1) An application for the attendance and examination before the Court of any witness shall be in the Form No. 21. There shall be annexed to such form a statement signed by the witness of the evidence which he proposes to give and of the reason why he did not give such evidence at the trial, unless the Court shall dispense with such statement. (2) Where an order is made for the attendance and examination of a witness, an order in the Form No. 22 shall be served upon him specifying the time and place at which he is to attend. (3) Where the Court orders the examination of any witness to be conducted otherwise than before the Court, such order shall specify the person appointed as examiner to take, and the place of taking, such examination, and the witness or witnesses to be examined. (4) The Registrar shall furnish to the person appointed to take such examination any documents or exhibits and any other material relating to the said appeal as and when requested so to do. Such documents and exhibits and other material shall after the examination has been concluded be returned by the examiner, together with any depositions taken by him to the Registrar. (5) When the examiner has appointed the day and time for the examination he shall request the Registrar to give notice thereof to the appellant and the Director of Public Prosecutions and their legal representatives (if any), and when the appellant is in prison, the Governor of that prison. The Registrar shall cause to be served on every witness to be so examined notice in the Form No. 23. (6) Every witness examined before an examiner shall give his evidence upon oath to be administered by such examiner except where any such witness, if giving evidence as a witness on a trial on indictment, need not be sworn. (7) The examination of every such witness shall be taken in the form of a deposition in the same manner as is prescribed by the Petty Sessions (Ireland) Act, 1851, section 14, and unless otherwise ordered shall be taken in private. The caption in the Form No. 24 shall be attached to any such deposition. (8) The expenses of any witness attending on the order of the Court, and all expenses of and incidental to any examination of witnesses conducted by any person appointed by the Court shall, if and so far as ordered by the Court, be defrayed up to an amount allowed by the Court as part of the costs of the State in or relating to the appeal. (9) The provisions of rule 16 (3) shall apply to the service of an order or notice on a witness under this rule. (10) The appellant and the Director of Public Prosecutions, or counsel or solicitor on their behalf, shall be entitled to be present at and take part in any examination of any witness to which this rule relates. Hearing of appeals and other applications. 25. (1) An appellant who is in custody shall be entitled, if he so desires, to be present in person at the hearing of his appeal or application for leave to appeal and subject to the prior consent of the Court being obtained of all interlocutory applications in relation thereto. (2) The provisions of sub-rule (1) shall apply mutatis mutandis to the right of an applicant for enlargement of time to be present at the hearing of such application. 26. If it appears to the Registrar that any notice of application for leave to appeal does not show any substantial ground of appeal the Registrar may list the case for hearing without obtaining for the use of the Court a transcript of the shorthand note taken by the official stenographer at the trial. 27. Where a restitution order has been made by the Court of trial, the person in whose favour such order was made, the appellant, and with the leave of the Court any other person, shall be entitled to be heard before any order is made by the Court annulling or varying such order of restitution. 28. (1) When the Court makes an order refusing an application for leave to appeal, or finally determining an appeal, the Registrar shall give notice thereof in the Form No. 25 to the following persons: ) the appellant; ) the proper officer of the Court of trial; ) the Commissioner of the Garda Síochána; and also, if the appellant is in prison, or has been released on bail— ) the Governor of such prison; and ) the Secretary of the Department of Justice; provided that the Registrar shall not be required to give such notice to the appellant if he shall have been present or shall have been legally represented at the hearing. (2) The proper officer of the Court of trial, on receiving a notice pursuant to sub-rule (1), shall enter the particulars contained therein on the records of the Court of trial. 29. Except where otherwise provided by this Order notice of every application to the Court shall be in accordance with the Form No. 26 which shall be served on the Registrar and the Chief State Solicitor or appellant (as the case may be) and such other person, if any, as the Court may direct. 30. References to the Director of Public Prosecutions shall, where appropriate, be deemed to include references to the Attorney General. 31. (1) Every notice of appeal or notice of application for leave to appeal shall be signed by the appellant himself except in the cases mentioned in sub-rules (2), (3) and (4). Any other notice shall be in writing and signed by the person giving the same or his solicitor. (2) Where an appellant or any other person authorised or required to give or send any notice is unable to write, he may affix his mark thereto in the presence of a witness who shall attest the same and thereupon such notice shall be deemed to be duly signed by him. (3) Where it is alleged that an appellant is insane at the time when any notice is required or authorised to be given by him, such notice may be given and signed by a solicitor or other person on his behalf. (4) In the case of a body corporate, where any notice or other document is required to be signed by the appellant himself, if shall be sufficient compliance therewith if such notice or other document is signed by the secretary, clerk, manager, or solicitor of such body corporate. (5) Any notice required or authorised to be given to the Court shall be addressed to and served upon the Registrar, The Court of Criminal Appeal, Four Courts, Dublin. (6) In every case in which an appellant is not in prison or is represented by a solicitor, his notice of appeal or notice of application for leave to appeal shall be served on the Registrar personally or by delivering the same to the proper officer at the Office of the Court at the Four Courts, Dublin. In all other cases not specifically provided for service of any notice or other document may be effected personally or by sending the same by pre-paid post addressed to the person on whom it is to be served. 32. The Registrar shall furnish the necessary forms and instructions in relation to notices of appeal or notices of application to any person who demands the same and to officers of courts, Governors of prisons, and such other officers or persons as he thinks fit and the Governor of a prison shall cause those forms and instructions to be placed at the disposal of the prisoners desiring to make any application, and shall cause any such notice given by a prisoner in his custody to be forwarded on behalf of the prisoner to the Registrar. 33. It shall be the duty of the Garda Síochána of the district in which the appellant shall have resided before his conviction or of the district from which he was committed to enquire as to and report to the Registrar, when required by him, upon the means and circumstances of any appellant where such a question arises. 34. The Department of Justice, Prisons Section, shall on notice from the Registrar, cause from time to time such sufficient number of male and female officers to attend the sittings of the Court, as, having regard to the list of appeals and applications for leave to appeal thereat, the Department shall consider necessary. 35. The performance of any duty imposed upon any person by this Order may be enforced by order of the Court. 36. Any warrant for the apprehension of an appellant issued by the Court shall be deemed to be, for all purposes, a warrant issued by a Justice of the District Court for the apprehension of a person charged with any indictable offence under the provisions of the Petty Sessions (Ireland) Act, 1851, or any statute amending the same. 37. Every order of the Court, when drawn up, shall be dated the day of the week, month and year on which the same was made, unless the Court shall otherwise direct, shall take effect accordingly, and shall be issued out of the Office of the Court. 38. Non-compliance on the part of an appellant with the rules of this Order, or with any rule of practice for the time being in force, shall not prevent the further prosecution of his appeal or application unless the Court shall so direct, but such appeal or application may be dealt with in such manner and upon such terms as the Court shall think fit. ORDER 87. APPEALS TO THE SUPREME COURT FROM THE CENTRAL CRIMINAL COURT. 1. All appeals to the Supreme Court from any decision of the Central Criminal Court (save from the refusal of an ex parte application) shall be by notice of motion (in this Order called "the notice of appeal"). The notice of appeal shall state whether the whole or part only of the decision is complained of and, in the latter case, shall specify such part. 2. In any cause where there has been a trial thereof, or of any issue therein, every notice of appeal therein may include an application to set aside the verdict and finding of a jury, or to direct a new trial, or for such other relief as may be appropriate. 3. The notice of appeal shall in every case be a ten day notice and subject to the provisions of this Order, shall be served not later than twenty-one days from the date of the decision in question. 4. The notice of appeal shall in every case state the grounds of appeal and the relief or order (if any) sought. 5. The notice of appeal shall be served upon all parties directly affected by the appeal and it shall not be necessary to serve the parties not so affected. 6. Any notice of appeal may be amended at any time on such terms as the Supreme Court may think fit. Except as aforesaid an appeal may be argued only on grounds which have been set out in such notice, unless the Court, on application being made to it not less then fourteen days before the date fixed for the hearing of the appeal, directs the addition of grounds of appeal. 7. In any appeal within rule 2, a new trial shall not be granted on the ground of mis-direction or of the improper admission or rejection of evidence, unless in the opinion of the Supreme Court some substantial wrong or miscarriage has been thereby occasioned in the trial. 8. The Supreme Court shall have all the powers and duties as to amendment and otherwise of the Central Criminal Court, together with full discretionary power to receive further evidence upon questions of fact relevant to the appeal but not in issue at the trial, such evidence to be either by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner. Such further evidence may be given without special leave upon any appeal from an interlocutory order or in any case as to matters which have occurred after the date of the decision from which the appeal is brought. In all other cases such further evidence shall be admitted on special grounds only by leave of the Supreme Court. An application for such leave shall be made by motion on notice setting forth such special grounds. The Supreme Court shall have power to make such order as to the whole or any part of the costs of the appeal as may be just. The Supreme Court shall also have power to dismiss any appeal for want of prosecution. 9. If upon hearing of an appeal, it shall appear to the Supreme Court that a new trial ought to be held, it may order that the decision be set aside and that a new trial be had. 10. All appeals to the Supreme Court shall be entered in the Office of the Registrar of the Supreme Court within seven days of service, or of the last service, if more than one, of the notice of appeal. The appellant shall lodge with the Registrar of the Supreme Court an attested copy of the record of the decision appealed from and shall leave with him a copy of the notice of appeal (indorsed with sufficient particulars of service) to be filed, and as soon as the necessary papers are in order and ready such officer shall thereupon set down the appeal by entering the same in the proper list of appeals and it shall come on to be heard according to its order in such list, unless the Supreme Court shall otherwise direct. 11. Where the appellant is the Attorney General or the Director of Public Prosecutions he shall without delay lodge in the Office of the Registrar of the Supreme Court five books of appeal each containing copies of all documents required for the hearing of the appeal with a sufficient index, a true copy of which index shall have been previously furnished to every other party affected by the appeal. In all other cases Order 86, rule 21, shall apply as if the reference therein to the Registrar of the Court of Criminal Appeal were a reference to the Registrar of the Supreme Court. 12. Where an ex parte application has been refused in whole or in part by the Central Criminal Court an application for a similar purpose may be made to the Supreme Court ex parte within four days from the date of such refusal, or within such enlarged time as the Supreme Court may allow. 13. No interlocutory decision from which there has been no appeal shall operate so as to bar or prejudice the Supreme Court from giving such decision upon the appeal as may be just. 14. Such deposit or other security for the costs to be occasioned by any appeal shall be made or given as may be directed under special circumstances by the Supreme Court. 15. In the case of a sentence of death, an appeal to the Supreme Court shall operate as a stay of execution and if the appeal against that conviction is dismissed the sentence pronounced at the trial shall have effect for such date as the Supreme Court may direct. 16. Order 86, except rules 1 to 6, 20 and 30, shall apply to appeals to the Supreme Court from the Central Criminal Court as if the Court therein named were the Supreme Court and all references therein to applications for leave to appeal were omitted. ORDER 88. INSURANCE DEPOSITS. 1. (1) An application to the Court by an assurance company or the Committee of Lloyd's for an order pursuant to rule 7 of the Insurance (Deposits) Rules, 1940 (S. R. & 0. 1940, No. 78) may in the first instance be made by motion ex parte to the Master, who may make such order. (2) The Master may direct that notice of such application be given to such person (if any) as he may think fit. 2. Where an assurance company or the Committee of Lloyd's maintains a deposit with the Accountant in respect of any class of assurance business, an application by the assurance company or the Committee of Lloyd's for an order for the payment and transfer of such deposit out of the Court to such assurance company or the Committee of Lloyd's shall be made by special summons which shall be served upon the Minister for Industry and Commerce. 3. Proceedings to which this Order relates shall be entitled "In the matter of the deposit maintained by ........ ( here give the name of the assurance company or the Committee of Lloyd's, as the case may be 1. An application pursuant to section 16 of the Auctioneers and House Agents Act, 1947 , shall be brought by special summons. 2. An application pursuant to section 11 (1) of the Auctioneers and House Agents Act, 1967 , may be made by motion ex parte grounded upon an affidavit which shall be entitled as in the title of the account to which the deposit has been placed pursuant to Order 77, rule 79. An attested copy of any order directing that the deposit or any part of it be not released shall be lodged with or sent to the Accountant. ORDER 90. THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1981 1. Every appeal under the Social Welfare (Consolidation) Act, 1981 , section 299, 300 or 301 shall be brought by special summons. 2. The summons shall be entitled in the matter of the said Act on the application of the person bringing the appeal, and shall state the decision of the appeals officer appealed against and the grounds of appeal. 3. The summons shall be served on the Minister for Social Welfare and on all parties to the decision of the appeals officer. 4. The summons shall be issued within twenty-one days of the date on which notice of the decision of the appeals officer was given to the party appealing; provided that the time within which the summons may be issued may be extended on application ex parte at any time within six weeks from the date on which notice of the decision of the appeals officer was given to the party desirous of appealing. 5. Any question referred to the decision of the High Court by the said Minister under section 299 of the said Act shall be brought by special summons, entitled in the matter of the said Act, on the application of the said Minister. The summons shall state concisely the question referred for the decision of the Court and shall be served on all parties to the application to the appeals officer. 6. No costs shall be allowed of any proceedings under this Order unless the Court shall by special order allow such costs. 1. Any application for an order against a vehicle insurer or a vehicle guarantor under the Road Traffic Act, 1961 , section 76, shall be by motion on notice, in the action in which the claimant has recovered judgment or, if there is no such action, entitled in the matter of the said Act and section and in the matter of the intended proceeding. 2. Where the claimant has recovered judgment, every such application shall be brought within six months of the date of such judgment or within such further time as the Court may allow. 3. (1) The notice of motion shall be served upon such vehicle insurer or vehicle guarantor and, where the claimant has recovered judgment, upon the person against whom such judgment was recovered or the personal representative of such person at least four clear days before the date named in the notice of motion for the hearing thereof; provided that the Court may upon the hearing of such motion dispense with service upon the person against whom judgment was recovered or his personal representative or may in lieu of personal service upon such person or his personal representative as aforesaid declare any service actually effected sufficient. (2) The service of such notice of motion upon such vehicle insurer or vehicle guarantor may be effected by sending the same by registered post either to the head office or to the principal office in Ireland of such vehicle insurer or vehicle guarantor. 4. Where a claimant under the said section 76 is an infant or a person of unsound mind not so found by inquisition, the provisions of Order 22, rule 10, shall apply to any sum in respect of which such claimant obtained an order under the said section in like manner as if such claimant had recovered such sum in an action against such vehicle insurer or vehicle guarantor. 5. The costs of and incidental to every application under this Order shall be in the discretion of the Court. 6. Words and phrases in this Order shall have the same meaning as in the said section 76. ORDER 92. THE HOUSING ACT, 1966 1. Every application under the Housing Act, 1966 , section 78 (2) shall be brought by special summons. 2. The summons shall be entitled in the matter of the Housing Act, 1966 , and of the compulsory purchase order in question and on the application of the person bringing the application. It shall state the particular grounds of the application and the relief claimed. 3. The summons shall be served, within ten days after the issue thereof, upon the local authority which made the compulsory purchase order in question and, within twenty-eight days after the issue thereof, on the Minister for the Environment. 4. The evidence on the hearing shall be by affidavit except in so far as the Court may direct oral evidence to be given. ORDER 93. THE FISHERIES (CONSOLIDATION) ACT, 1959 l. Every appeal under the Fisheries (Consolidation) Act, 1959 , section 11 (1) ( ), shall be brought by special summons. 2. The summons shall be entitled in the matter of the Fisheries (Consolidation) Act, 1959 , and on the application of the person bringing the appeal. It shall state the bye-law, order or licence appealed against and the grounds of appeal. 3. The summons shall be served on the Minister for Fisheries and Forestry. l. In this Order: "the Controller" means the Controller of Patents, Designs and Trade Marks. "the Journal" means the Official Journal of Industrial and Commercial Property issued by the Controller pursuant to Statute. 2. Where, pursuant to section 129 (5) of the Industrial and Commercial Property (Protection) Act, 1927 section 40 (4) of the Trade Marks Act, 1963 , or section 65 (5) of the Patents Act, 1964 section 131 of the Industrial and Commercial Property (Protection) Act, 1927 , or section 61 of the Patents Act, 1964 , shall be commenced by plenary summons. Actions for infringement of patent. 4. In an action for infringement of a patent the plaintiff shall deliver with his statement of claim particulars of the breaches relied upon. 5. Particulars of breaches shall specify which of the claims in the specification of the patent sued upon are alleged to be infringed and shall give at least one instance of each type of infringement of which complaint is made. 6. The defendant, if he disputes the validity of the patent, shall deliver with his defence particulars of the objections on which he relies in support of such invalidity. 7. A defendant who, under section 57 of the Patents Act, 1964 , counterclaims for revocation shall deliver with his counterclaim particulars of the objections to the validity of the patent on which he relies in support of his counterclaim. 8. Particulars of objections shall state every ground upon which the validity of the patent is disputed and shall give such particulars as will clearly define every issue which it is intended to raise. 9. If one of the objections taken in the particulars of objections be want of novelty, the particulars shall state the time and place of the previous publication or user alleged, and if it be alleged that the invention has been used prior to the date of the patent, shall also specify the names of the persons who are alleged to have made such prior user and whether such prior user is alleged to have continued down to the date of the patent, and if not, the earliest and latest dates on which such prior user is alleged to have taken place, and shall also contain a description (accompanied by drawings if necessary) sufficient to identify such alleged prior user, and if such user relates to any machinery or apparatus shall specify whether the same is in existence and where the same can be inspected. No evidence at variance with any statement contained in such particulars shall be given in support of any objection, and no evidence as to any machinery or apparatus which is alleged to have been used prior to the date of the patent and which is in existence at the date of the delivery of the particulars shall be receiveable unless it be proved that the party relying on such prior user has, if such machinery or apparatus be in his own possession, offered inspection of the same, or if not in his own possession, has used his best endeavours to obtain inspection of the same for the other parties to the proceedings. 10. Particulars of breaches and particulars of objections may from time to time be amended by leave of the Court upon such terms as may be just. 11. Further and better particulars of breaches or particulars of objections may at any time be ordered by the Court. 12. At the hearing of an action for infringement of a patent or a counterclaim or petition for revocation of a patent, no evidence shall, except by leave of the Court (to be given upon such terms as to the Court may seem just) be admitted in proof of any alleged infringement or objection not raised in the particulars of breaches or particulars of objections respectively. 13. On the taxation of costs in any such action, counterclaim or petition, the following provisions shall apply:— (1) If the action, counterclaim or petition proceeds to trial on any patent, no costs shall be allowed in respect of any issues raised in the particulars of breaches or particulars of objections and relating to that patent to the parties delivering the same respectively except in so far as such particulars are certified by the Court to have been proven and to have been reasonable and proper without regard to the general costs of the case. (2) Subject as aforesaid the costs of the issues raised by the particulars of breaches and particulars of objections shall be in the discretion of the Taxing Master. 14. If the defendant in an action for infringement of a patent intends to rely on the insertion by the patentee in any contract of any condition which by virtue of section 54 of the Patents Act, 1964 Amendment of specification. 15. An application by a patentee under section 32 of the Patents Act, 1964 16. On the hearing of such motion the Court shall decide whether and on what terms as to costs or otherwise the application shall be allowed to proceed. If the application be allowed to proceed the Court shall give directions as to whether such application shall be heard on oral evidence or on affidavit and, if on affidavit, shall fix the time within which such affidavits shall be filed by the parties respectively and by any other person entitled to be heard under the Act or this rule. 17. If the application be allowed to proceed the applicant shall forthwith serve on the Controller— ) a copy of the notice of motion; ) copy specification as aforesaid; ) an attested copy of the order allowing the application to proceed; ) a note of the name and address in the City of Dublin of the applicant's solicitor. 18. The Controller, on receipt of such documents, shall cause to be inserted in the next issue of the Journal an advertisement stating— ) the number and title of the patent and the name of the patentee; ) the proposed amendment; ) that any person desiring to oppose the amendment must within fourteen days of the advertisement give to the applicant's solicitor notice in writing of such desire and must state therein his address for service within the jurisdiction; ) the name and address in the City of Dublin of the applicant's solicitor. 19. Any person giving such notice as is mentioned in rule 18 shall be entitled to be heard upon the hearing of the motion. 20. Within seven days after the receipt of any such notice the applicant shall, if the person giving such notice shall have stated therein his address for service within the jurisdiction, serve on such person— ) a copy of the notice of motion; ) a copy of the specification as aforesaid; ) a copy of the order allowing the application to proceed. Such service may be made by prepaid registered letter sent to such person through the post to his address for service. 21. Where the Court allows the specification to be amended the applicant shall forthwith lodge with the Controller an attested copy of the order allowing such amendment. The applicant shall also if required to do so by the Court or the Controller, leave at the Patents Office a new specification and drawings as amended, the same being prepared so far as may be in accordance with the Industrial Property Rules for the time being in force. 22. The Controller shall cause the said order to be advertised at least once in the Journal. Petition for revocation of a patent. 23. Any person presenting a petition for revocation of a patent under section 34 of the Patents Act, 1964 , shall deliver with his petition particulars of the objections to the validity of the patent on which he relies in support of his petition. 24. The provisions of rules 8 to 13 inclusive in regard to particulars of objections shall apply mutatis mutandis to such a petition and the particulars to be delivered therewith. 25. The respondent to such petition shall be entitled to begin, and to give evidence in support of the patent and, if the petitioner gives evidence impeaching the validity of the patent, the respondent shall be entitled to reply. Petition for extension of the term of a patent. 26. A patentee who intends to present a petition to the Court under section 27 of the Patents Act, 1964 , praying that his patent may be extended for a further term shall advertise his intention to do so twice in Iris Oifigiúil and once in at least two daily newspapers published in Dublin. 27. Such a petition may relate to more than one patent. 28. The advertisement shall state— ) the number and title of the patent and the name of the patentee; ) that the object of the petition is to obtain an extension of the patent for a further term; ) the date on or before which the petition is to be presented to the Court; ) that any person desirous of objecting must within fourteen days from such date lodge in the Central Office written notice that he intends to lodge objections and must in such notice give an address within the jurisdiction at which he can be served with any document; ) the name and address in the City of Dublin of the patentee's solicitor for service on the patentee of any document. 29. When the first advertisement appears in Iris Oifigiúil the patentee shall send a copy thereof to the Controller for insertion in the next issue of the Journal. 30. A patentee intending to present such petition shall, if he requires an extension of the period within which such petition may be presented apply to the Court ex parte for an order extending such period. The application may be made before or after the time limited for presentation of the petition and shall be supported by an affidavit to the patentee or his solicitor stating the reasons for the delay. If the Court shall extend the period it shall in such order fix the date on or before which the petition shall be presented to the Court, and such date shall be stated in the said advertisements. 31. The petition shall be lodged in the Central Office on or before the date stated in the advertisements for presentation of the petition. 32. Within four days of lodging the petition the patentee shall serve a copy thereof on the Controller. 33. There shall be lodged along with the petition— ) an affidavit by the petitioner, or his solicitor, that the advertisements prescribed above have been duly published; ) a copy of each issue of Iris Oifigiúil and of each of the said newspapers, containing such advertisements; 34. A copy of the petition shall be served on every person who has lodged notice that he intends to lodge objections. 35. Every such person shall within three weeks after the service of a copy of the petition upon him— ) lodge in the Central Office particulars of the objections upon which he intends to rely against the granting of the prayer of the petition; ) serve upon the petitioner a copy of such particulars; ) send to the Chief State Solicitor two copies of such particulars. Any such person who fails to comply with this rule shall be deemed to have abandoned his objections. No person shall be entitled to oppose the granting of the prayer of the petition on any grounds not stated in such particulars. 36. Within six weeks after presentation of the petition the petitioner shall— ) lodge in the Central Office an affidavit by the petitioner or his solicitor that a copy of the petition has been served on the Controller and every person who lodged notice of his intention to lodge objections; ) lodge in the Central Office two copies of the balance sheet of expenditure and receipts relating to the patent, which accounts are to be proved on the hearing of the petition; ) send two copies of the said balance sheet to the Controller. 38. Any person who has duly complied with rule 35 shall be entitled at his own expense to obtain from the petitioner copies of the said balance sheet. 39. After the expiration of six weeks from the presentation of the petition the petitioner shall apply to the Court by motion for directions as to the proceedings (if any) to be taken preliminary to the hearing of the petition and as to the mode of trial thereof or otherwise with reference thereto and as to the date on which the petition shall appear in the list for hearing. Notice of this motion shall be served on the Controller and on all persons who have duly complied with rule 35. 40. Upon the hearing of such motion the Court shall fix a date for the hearing of the petition and shall give such further or other directions in regard to advertisement, service or otherwise as it may deem necessary or expedient. 41. The Controller, if he elects or is directed to appear on the question of granting the prayer of the petition, shall not be required to give notice of any objection he may think fit to take. 42. The Court may in cases where opposition has been entered to the prayer of a petition give costs to or against the opponents, but in the event of the Court refusing the prayer of the petition it shall not except under special circumstances give more than one set of costs amongst all the opponents. 43. The Controller shall not be liable in, or entitled to, any costs or expenses. 44. Service of any document which may be required to be served under this part of this Order may be effected by registered post addressed to the person to be served at his address for service. Appeals to the Court. 45. Every appeal to the Court from an order or decision of the Controller or from the award of an arbitrator under section 45 of the Patents Act, 1964 , or section 41 (3) of the , shall be made by special summons. The summons shall be served upon the Controller and upon all other persons (if any) interested. 46. The summons shall state whether the appeal is from the whole or part only, and if so what part, of the order, decision or award, and shall also state concisely the grounds of the appeal. No grounds other than those so stated shall, except with the leave of the Court to be given on such terms and conditions as may seem just, be allowed to be taken by the appellant at the hearing. 47.

The summons shall be issued within one calendar month from the date of the order or decision of the Controller, or the award of the arbitrator (as the case may be) appealed against, or within such further time as the Controller may have allowed for the purpose. 48. Every such appeal to the Court shall be by way of rehearing; and, subject to the provisions of the Act, every appeal under section 25 of the Trade Marks Act, 1963 , shall be heard on the materials stated by the Controller to have been used by him in arriving at his decision, and every other appeal shall be heard on the same evidence as that used at the hearing before the Controller. No further evidence shall be given nor further material brought forward for the consideration of the Court on the hearing of any appeal without the special leave of the Court granted on an application made at or before the hearing; but nothing herein contained shall be deemed to prevent the submission to the Court of a statement in writing by the Controller in pursuance of section 143 of the Industrial and Commercial Property (Protection) Act, 1927 section 56 (2) of the Trade Marks Act, 1963 , or section 65 (3) of the Patents Act, 1964 49. Where under section 26 (10) (b) of the Trade Marks Act, 1963 , an applicant becomes entitled and intends to withdraw his application, he shall give notice in writing of his intention to the Controller and to the other parties (if any) to the appeal within one calendar month after the leave referred to in those sub-sections has been obtained. Other applications to the Court. Trade Marks Act, 1963 , the , or the Patents Act, 1964 , shall be made by special summons. The summons shall be served upon the Controller and upon all other persons (if any) interested. 51. Where the Controller, under section 75 of the Industrial and Commercial Property (Protection) Act, 1927 , refers an application to the Court for trial, the applicant or appellant (as the case may be) shall within one calendar month from the date of such reference apply to the Court by special summons to hear and determine such application or appeal, and unless he so applies he shall be deemed to have abandoned the application or appeal. 52. A party seeking a decision of the Court on a dispute under section 130 of the Industrial and Commercial Property (Protection) Act, 1927 , or under section 92 of the Patents Act, 1964 , shall apply by special summons. Where the application is by a patentee, or by a proprietor of a registered design, the Minister, head of the Department of State concerned, shall be named as defendant, and the summons shall be served on the Chief State Solicitor. Where the application is by a Minister, the patentee or the proprietor of the registered design (as the case may be) shall be named as defendant. 53. Where the Attorney-General under section 133 of the Industrial and Commercial Property (Protection) Act, 1927 , or the Controller or the Minister for Industry, Trade, Commerce and Tourism under section 135 of the Industrial and Commercial Property (Protection) Act, 1927 , or the Controller under section 51 of the Trade Marks Act, 1963 section 37 of the , or section 72 of the Patents Act, 1964 , has made an order that costs be paid by any party, such order may be made a rule of Court on the application of the party to whom such costs are payable. Such application may be made ex parte grounded on an affidavit entitled in the matter of the Act and the proceedings before the Attorney-General, Controller or Minister (as the case may be). ORDER 95. PROFESSIONAL DISCIPLINARY BODIES. 1. (1) An appeal to the Court, pursuant to the Dentists Act, 1928 , section 33, the Veterinary Surgeons Act, 1931 , section 39 (as amended by the Veterinary Surgeons Act, 1960 ), the Nurses Act, 1950 , section 49, or the Opticians Act, 1956 , section 30 or section 39, shall be brought by special summons. (2) The summons shall be issued within the time limited by the particular section of the statute under which the appeal is brought, and shall be served on the Council, Board or Committee against whose decision the appeal is brought. The said Council, Board or Committee shall be named as respondent to the summons. (3) The summons shall state the nature of the decision against which the appeal is brought, the grounds of the appeal and the nature of the direction or order sought from the Court, and shall be verified by an affidavit of the appellant. 2. (1) An application to the Court made pursuant to the Veterinary Surgeons Act, 1931 , section 34 (3) or 36 (5) (as amended by the Veterinary Surgeons Act, 1960 ) for cancellation of a decision of the Veterinary Council or pursuant to the Medical Practitioners Act, 1978 , section 46 (3), 47 (3) or 49 (3) for cancellation of a decision of the Medical Council, shall be brought by special summons, to be issued within the time limited by the particular section of the relevant statute and served on the Council against whose decision the application is brought. The said Council shall be named as respondent to the summons. 3. (1) An application to the Court by the Veterinary Council, pursuant to the Veterinary Surgeons Act, 1931 , section 34 (4) or 36 (6) (as amended by the Veterinary Surgeons Act, 1960 ) or by the Medical Council pursuant to the Medical Practitioners Act, 1978 , section 46 (4), 47 (4) or 49 (4) shall be brought by special summons marked not for service. (3) Every summons under this rule shall be entitled in the matter of the relevant Act and on the application of the Council by which the same is brought. 4. Service of a summons or any document upon a Council, Board or Committee referred to in this Order may be effected by serving the same on the secretary or registrar (as the case may be) of such Council, Board or Committee or by sending the same by registered post addressed to such secretary or registrar at the offices of such Council, Board or Committee. 5. The evidence upon the hearing of any appeal or application to which this Order relates shall be by affidavit, except in so far as the Court may direct oral evidence to be given. The Court may require any notice, affidavit, declaration, or other document used or laid in evidence before the Council, Board or Committee in relation to whose decision the appeal or application is brought, or a transcript or other record of any oral evidence given before such Council, Board or Committee, to be produced or made available to the Court by any party in such manner as the Court may direct. ORDER 96. THE REGISTRATION OF TITLE ACT, 1964 1. In this Order— "the Act" means the Registration of Title Act, 1964 "the Land Registry Office" means the central office established by the Registration of Title Act, 1964 , section 7. 2. Save as otherwise provided in this Order, any application or appeal to the Court under the Act and any other application to the Court for an order or direction relating to the registration of the ownership of any land or charge on a register maintained under the Act, may be instituted by an originating notice of motion and shall be heard by such Judge as the President of the High Court may from time to time assign to hear the same. 3. An originating notice of motion, and affidavits used in the proceedings thereunder, shall be headed— "THE HIGH COURT LAND REGISTRY" and shall be entitled in the matter of the Act and section (if any) under or in pursuance of which the proceedings are brought and in the matter of the folio of the register in which is registered the title of the lands to which the proceedings relate, and shall state the name of the registered owner. Where the title is not registered, the notice of motion and affidavits shall be entitled in the matter of an application for first registration, with the number thereof, and shall state the name of the applicant. 4. Every person who is or may be affected by the relief claimed shall be named as respondent in the originating notice of motion, save where the identity or whereabouts of such person is unknown to the applicant or appellant. 5. An originating notice of motion shall state the relief claimed and the grounds of the application or of the appeal (as the case may be), and shall refer to the affidavit or affidavits (if any) intended to be used in support thereof. 6. The evidence upon the hearing of an application or appeal shall be by affidavit except in so far as the Court may direct oral evidence to be given. 7. An originating notice of motion shall be filed in the Land Registry Office not less than seven days prior to the date named therein for the hearing thereof; and any affidavit intended to be used in support thereof shall be filed in the Land Registry Office at the same time, unless otherwise directed by the Court. The Registrar of Titles may abridge the time for filing any originating notice of motion or affidavit. Rule 1 and rules 4 to 20 of Order 40, in so far as applicable, shall apply to such affidavits. Subject thereto, Order 52, in so far as applicable, shall apply to proceedings under the Act or in pursuance of this Order. 8. An originating notice of motion shall be served on the respondent by sending a copy thereof to him by registered post six clear days at least before the hearing thereof, or where the respondent is resident outside the jurisdiction, such longer time before the hearing as the Registrar of Titles may direct; and there shall be sent therewith a copy of each affidavit intended to be used in support thereof. Service thereof shall also be effected in like manner on such other persons (if any) as the Registrar of Titles may, not later than seven days before the hearing thereof, provided that the Court may in any case direct personal or other service to be effected. 9. Where an infant is respondent, the provisions of Order 9, rule 5, shall as far as applicable apply to service on him; provided that where a person has been appointed by the Court to represent such infant, service shall be effected on such person and shall be deemed good service on the infant. 10. Where a lunatic or person of unsound mind not so found by inquisition is respondent, the provisions of Order 9, rule 6, shall as far as applicable apply to service on him; provided that where a guardian of such person of unsound mind has been appointed by the Court, service shall be effected on such guardian and shall be deemed good service on the respondent. 11. The Court may dispense with service of an originating notice of motion or other document on any person, or direct that any person, who has not been served, shall be served or be named as respondent in the proceedings. 12. Where there are numerous persons having the same interest in the proceedings, the Court may appoint one or more of such persons, being a respondent or respondents, to represent the remainder of such persons. 13. Every order made in proceedings under the Act or in pursuance of this Order shall be issued out of the Land Registry Office. Every execution order for enforcing the same shall be issued by the Central Office. 14. Procedure by special summons shall be adopted in the case of an application to the Court, under the Registration of Title Act, 1964 , section 62 (7), by an owner of a charge for possession of registered land, and the foregoing rules of this Order shall not apply to such proceedings. ORDER 97. PARLIAMENTARY ELECTION PETITIONS. 1. In this Order— "the Act" means the Parliamentary Elections Act, 1868 (31 & 32 Vic., c. 125). 2. An election petition shall be presented by leaving it at the Central Office together with a copy thereof for the Master to send to the Returning Officer, pursuant to section 7 of the Act. The officer receiving the same shall (if required) give a receipt therefor in the Form No. 1 in Appendix V. 3. A petition, which shall be in the Form No. 2 in Appendix V, shall— 4. A petition shall be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject and every paragraph shall be numbered consecutively, and no costs shall be allowed of drawing or copying any petition not substantially in compliance with this rule, unless otherwise ordered by the Court. 5. The petition shall conclude with a prayer that some specified person should be declared duly returned or elected, or that the election should be declared void, or that a return may be enforced or as the case may be, and shall be signed by all the petitioners. 6. Such particulars as may be necessary to prevent surprise and unnecessary expense and to ensure a fair and effectual trial may be ordered by the Court upon such terms as to costs and otherwise as may be directed. 7. When a petitioner claims a seat for an unsuccessful candidate, alleging that such candidate had a sufficient number of lawful votes to secure election, the party complaining of or defending the election or return, shall, at least six days before the day appointed for trial, leave at the Central Office, and also at the address, if any, given by the petitioner and respondent, as the case may be, a list of the votes intended to be objected to, and of the heads of objection to each such vote, and all parties concerned shall be allowed inspection and shall be entitled to obtain attested copies of such list; and no evidence shall be given against the validity of any vote nor upon any head of objection not specified in the list, except by leave of the Court upon such terms as to amendment of the list, postponement of the trial, and payment of costs, as may be ordered. 8. When the respondent, in the case of a petition complaining of an undue return and claiming the seat for some person, intends to give evidence to prove that the election of such person was undue, pursuant to section 53 of the Act, he shall, at least six days before the day appointed for trial, leave at the Central Office and also at the address, if any, given by the petitioner, a list of the objections to the election upon which he intends to rely, and all parties concerned shall be allowed inspection and shall be entitled to obtain attested copies of such list; and no evidence shall be given by a respondent of any objection to the election not specified in the list, except by leave of the Court upon such terms as to amendments of the list, postponement of the trial, and payment of costs, as may be ordered. 10. A person returned as a member of Dáil Éireann may at any time after he is returned, send to or leave at the Central Office a statement signed by him or on his behalf, appointing a solicitor to act as his agent in case there should be a petition against him, or stating that he intends to act for himself, and in either case giving an address, within the jurisdiction at which notices may be served, and if no such statement be left within one week after service of the petition, notices and proceedings may be given and served respectively by posting up the same at the Central Office. 11. There shall be kept at the Central Office a book in which shall be entered the names and addresses of agents given under rules 9 or 10 and which shall be open to inspection by any person during office hours. 12. (1) The Master shall upon the presentation of a petition forthwith send a copy thereof to the Returning Officer with the name and address of the petitioner's agent (if any) and also the name and address of the respondent's agent (if any). (2) The cost of publication of a petition and any other matter required to be published by the Returning Officer shall be paid by the petitioner or person moving in the matter, and shall form part of the general costs of the petition. 13. (1) Notice of the presentation of a petition, and of the nature of the proposed security, accompanied by a copy of the petition, shall be served on the respondent within five days after the presentation of the petition. (2) Where the respondent has named an agent such service may be by delivery to the agent, or by registered post addressed to such agent. (3) In other cases, the service on a respondent shall be personal, unless the Court, being satisfied that all reasonable efforts have been made to effect personal service, shall order that what has been done to bring the petition to the notice of the respondent shall be sufficient service. (4) In case of evasion of service, the posting up of notice in the Central Office of the petition having been presented, stating the petitioner, the prayer, and the nature of the proposed security, shall be deemed equivalent to personal service, if so ordered by the Court. 14. A deposit of money by way of security for payment of costs, charges, and expenses payable by the petitioner, shall be made by lodgment thereof in Court, and may, without an order of the Court, be placed in the books of the Accountant to an account entitled "The Parliamentary Election Petition Security Fund." A receipt by the Bank for such deposit shall be left forthwith at the Central Office. 15. Such receipt or certificate shall be filed, and a book shall be kept in the Central Office in which shall be entered from time to time the amount of each deposit and the petition to which it is applicable. Such book shall be open to inspection by all parties concerned. 16. All claims against money deposited in Court for payment of costs, charges, and expenses payable by the petitioner shall be dealt with by the Court. 17. (1) Money so deposited shall, if and when the same is no longer needed for securing payment of such costs, charges and expenses be returnable or otherwise disposed of as the Court may order. (2) Such order may be made after such notice of intention to apply, and proof that all just claims have been satisfied or otherwise sufficiently provided for, as the Court may require. (3) Such order may direct payment either to the party in whose name the same is deposited, or to any person entitled to receive the same. 18. (1) The recognizance as security for costs may be acknowledged before the Master, a district justice or a peace commissioner. (2) There may be one recognizance acknowledged by all the sureties, or separate recognizances by one or more as may be convenient. (3) The recognizance shall contain the name and usual place of abode of each surety, with such sufficient description as shall enable him to be found or ascertained and shall be in the Form No. 3 in Appendix V. (4) The recognizance after being acknowledged shall be left at the Central Office, together with an affidavit of the sufficiency of the surety averring that he is possessed of or entitled to property of the clear value, over and above his debts, of the amount of the recognizance. If such affidavit is not left, the costs of hearing an objection upon the ground of insufficiency of the surety shall be paid by the petitioner. 19. (1) Notice of an objection to a recognizance shall be given within five days from the date of service of the notice of the petition and of the nature of the security. (2) Such notice shall state the ground of such objection. 20. (1) An objection made to the security shall be heard and decided by the Master, subject to appeal within five days to the Court, upon motion on notice by either party to declare the security sufficient or insufficient. (2) Such hearing may be either upon affidavit or oral examination of witnesses or both, as the Master or the Court may think fit. 21. If an objection be allowed and the security be declared insufficient, the Master or the Court shall fix the amount deemed requisite to make the security sufficient, and such amount shall be deposited as prescribed by rule 14 within five days from the date of the order. 22. Save as is provided in rule 18 (4), the costs of hearing and deciding an objection made to the security given shall be paid as ordered by the Master or the Court, and in default of such order shall form part of the general costs of the petition. 23. The petitioner or his agent, shall immediately after notice of the presentation of a petition and of the nature of the proposed security shall have been served, file an affidavit of the time and manner of service thereof. 24. The Election List shall be made out by the Master in a book which shall be kept at the Central Office and which shall be open to inspection at any time during office hours. 25. The President of the High Court shall each year nominate out of the Judges of the High Court three Judges to be placed on the rota for the trial of election petitions. 26. (1) The time and place of the trial of a petition shall be fixed by the Judges on the rota. The Master shall at least fifteen days before the day appointed for the trial give notice thereof by post to the petitioner, the respondent, and the Returning Officer and by posting up notice thereof in the Central Office. (2) The Returning Officer shall forthwith publish the same in the constituency. (3) Notice of trial shall be in the Form No. 4 in Appendix V. 27. The Court may postpone the beginning of the trial of which notice shall be given to the Returning Officer who shall forthwith make such notice public. 28. In the event of the Judge not having arrived at the time appointed for the trial, or to which the trial is postponed, the commencement of the trial shall ipso facto stand adjourned to the ensuing day, and so from day to day. 29. No formal adjournment of the Court for the trial of a petition shall be necessary, but the trial shall be deemed adjourned, and may be continued from day to day until the enquiry is concluded; and in the event of the Judge who begins the trial being disabled by illness or otherwise, it may be recommenced and concluded by another Judge. 30. An application to state a special case under section 11 of the Act shall be made by motion to the Court. 31. The witnesses at the trial of a petition shall be examined viva voce , unless otherwise ordered, and accordingly the provisions of Order 39 shall apply. 32. All interlocutory questions and matters, except as to the sufficiency of the security, shall be heard and disposed of by one of the Judges upon the rota, if practicable, and if not, then by any other Judge of the High Court. 33. (1) Notice of an application for leave to withdraw a petition shall be in writing and signed by the petitioner or his agent. (2) Such notice shall state the ground of the application. (3) The notice shall be in the Form No. 5 in Appendix V. (4) The notice shall be left at the Central Office. (5) A copy of the notice of application for leave to withdraw a petition shall be given by the petitioner to the respondent, and to the Returning Officer who shall make it public by publishing, in at least one daily newpaper circulating in the constituency to which it relates, a notice in the Form No. 6 in Appendix V. (6) The affidavits required by the Corrupt and Illegal Practices Prevention Act, 1883, section 41, shall, unless dispensed by the Court, be filed in the Central Office. 34. Any person who might have been a petitioner in respect of the election to which the petition relates may, within five days after such notice is published by the Returning Officer, leave at the Central Office notice in writing, signed by him or on his behalf, of his intention to apply to the Court, at the hearing of the application for leave to withdraw, to be substituted for the petitioner, but the want of such notice shall not defeat such application, if in fact made at such hearing. 35. The time and place for hearing such application shall be fixed by the Court, but shall not be less than a week after the publication of the notice of the intention to apply as provided by rule 33, and notice of the time and place appointed for the hearing shall be given to such person, if any, as shall have given notice of an intention to apply to be substituted as petitioner, and otherwise in such manner and at such time as the Court directs. 36. (1) Notice of the abatement of a petition, by the death of a sole petitioner or of the survivor of several petitioners, shall be given in the same manner as notice of an application for leave to withdraw a petition. (2) Within one calendar month from the publication of such notice, any person who might have been a petitioner in respect of the election to which the petition relates may apply by motion to the Court to be substituted as a petitioner. 37. If the respondent dies any person entitled to be a petitioner in respect of the election to which the petition relates may give notice of the fact in the constituency by causing such notice to be published in at least one daily newspaper circulating therein, and by leaving a copy of such notice signed by him or on his behalf with the Returning Officer and a like copy at the Central Office. 38. (1) If the respondent does not intend to oppose the petition, he shall leave at the Central Office a notice to that effect, signed by him, six days before the day appointed for the trial. (2) Upon such notice being left at the Central Office, the Master shall forthwith send a copy thereof by post to the petitioner or his agent, and to the Returning Officer who shall cause the same to be published in the constituency. 39. The time for applying to be admitted as a respondent under the provisions of section 38 of the Act shall be within ten days after the publication of a notice pursuant to rule 37 or rule 38. 40. All costs, charges and expenses of and incidental to an election petition shall by taxed by the Taxing Master, and, where they are payable by the petitioner, may be ordered to be paid out of money deposited under rule 14. 41. A solicitor employed as agent for the petitioner or respondent shall forthwith leave written notice at the Central Office of his appointment to act as such agent, and service of notices and proceedings upon him shall be sufficient for all purposes. 42. Notice of the time and place of the trial of an election petition shall be transmitted by the Master to the Minister for Finance and to the Clerk of the Dáil, and the Clerk of the Dáil shall, unless otherwise ordered by the Court on or before the day fixed for the trial, deliver or cause to be delivered at the Central Office the packets of ballotpapers, reports of the Returning Officer, ballot paper accounts, tendered votes lists, packets of counterfoils and marked copies of registers, for which a receipt shall be given; and the same shall be kept in safe custody until the trial is over, and then returned to the Clerk of the Dáil. ORDER 98. EXTRADITION ACT, 1965. 1. An application for release under section 50 of the Extradition Act, 1965, shall be made by special summons. 2. The person who endorsed the warrant on foot of which an order is made under section 47 of the said Act shall be served with such special summons. ORDER 99. COSTS. Right to costs. 1. Subject to the provisions of the Act s and any other statutes relating to costs and except as otherwise provided by these Rules: (1) The costs of and incidental to every proceeding in the Superior Courts shall be in the discretion of those Courts respectively. (2) No party shall be entitled to recover any costs of or incidental to any proceeding from any other party to such proceeding except under an order or as provided by these Rules. (3) The costs of every action, question, or issue tried by a jury shall follow the event unless the Court, for special cause, to be mentioned in the order, shall otherwise direct. (4) The costs of every issue of fact or law raised upon a claim or counterclaim shall, unless otherwise ordered, follow the event. (5) Where in any proceeding in the High Court or Supreme Court the costs of any party are ordered to be paid by another party, or by a fund or estate, those costs shall, if the High Court or the Supreme Court respectively so directs, include, in addition to the costs allowed on taxation as between party and party all or any other costs, charges and expenses, reasonably incurred for the purposes of the proceedings; but this sub-rule shall not apply to any proceeding for the recovery of a penalty. (6) An award of costs pursuant to sub-rules (1) to (5) of this rule shall include any sum payable by the party in favour of whom such an award is made by way of value added tax on such costs, where and only where such party establishes that such sum is not otherwise recoverable. 2. If a cause be removed from an inferior court having jurisdiction in the cause, the costs in the court below shall be costs in the cause, unless otherwise ordered by the Court or such inferior court. 4. A set-off for damages or costs between parties may be allowed notwithstanding the solicitor's lien for costs in the particular cause or matter in which the set-off is sought. 5. (1) Costs may be dealt with by the Court at any stage of the proceedings or after the conclusion of the proceedings; and an order for the payment of costs may require the costs to be paid forthwith, notwithstanding that the proceedings have not been concluded. (2) In awarding costs, the Court may direct— ) that a sum in gross be paid in lieu of taxed costs, or ) that a specified proportion of the taxed costs be paid, or ) that the taxed costs from or up to a specified stage of the proceedings be paid. 6. Where upon the trial of any cause or matter or upon any other proceeding it appears to the Court that the same cannot conveniently proceed by reason of the neglect of the solicitor for any party to attend personally or by some proper person on his behalf, or of the failure of such solicitor to be properly prepared for such trial or proceeding, or of his omission to deliver any paper necessary for the use of the Court which according to the practice ought to have been delivered, such solicitor shall personally pay to the other party such costs as the Court shall think fit to award. 7. If in any case it shall appear to the Court that costs have been improperly or without any reasonable cause incurred, or that by reason of any undue delay in proceeding under any judgment or order, or of any misconduct or default of the solicitor, any costs properly incurred have nevertheless proved fruitless to the person incurring the same, the Court may call on the solicitor of the person by whom such costs have been so incurred to show cause why such costs should not be disallowed as between the solicitor and his client and also (if the circumstances of the case shall require) why the solicitor should not repay to his client any costs which the client may have been ordered to pay any other person, and thereupon may make such order as the justice of the case may require. The Court may refer the matter to the Taxing Master for inquiry and report; and may also nominate a solicitor to attend and take part in such inquiry. Notice of the order shall be given to the client in such manner as the Court may direct. Any costs of the solicitor nominated as aforesaid shall be paid by such parties, or out of such funds as the Court may direct; or, if not otherwise paid, may be paid out of such moneys (if any) as may be provided by the Oireachtas. Limitation of costs. 8. (1) In any action of tort commenced and heard in the High Court, being an action where the amount of the damages recovered by the plaintiff exceeds £2,500 but does not exceed £7,500, the plaintiff shall not be entitled to recover more costs than whichever of the following amounts is the lesser, that is to say the amount of such damages or the amount of costs which he would have been entitled to recover if the act ion had been commenced in the Circuit Court, unless the Judge hearing the act ion grants a special certificate under section 17 of the Courts Act, 1981 (2) In any action for the recovery of a liquidated sum, being an action where the amount recovered by the plaintiff exceeds £2,500 but does not exceed £7,500, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the act ion had been commenced in the Circuit Court. (3) In any action for the recovery of a liquidated sum, being an action where the amount recovered by the plaintiff does not exceed £2,500, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the act ion had been commenced in the District Court. (4) Where an order is made by a court in favour of the plaintiff or applicant in any proceedings (other than an action specified in ) to ( ) of section 17 of the Courts Act, 1981 ) and the Court in which the proceedings were commenced is not the lowest court having jurisdiction to make an order granting the relief (which expression includes in this rule damages) the subject of the order, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the proceedings had been commenced in the said lowest court unless the order is made by a Judge and the Judge grants a special certificate under section 17 of the Courts Act, 1981 9. Where a Judge hears any action referred to in sub-rule (1) of rule 8 or makes an order of the kind referred to in sub-rule (4) of rule 8, he may, on the application of the plaintiff or applicant in the proceedings made immediately upon the determination of the hearing relating to the act ion or order grant a special certificate in writing that in the opinion of such Judge, it was reasonable in the interests of justice generally owing to the exceptional nature of the proceedings or of any question of law contained therein that the proceedings should have been commenced in the court in which they were commenced. Amount of costs. 10. (1) This rule applies to costs which by or under these Rules or any order or direction of the Court are to be paid to a party to any proceedings either by another party to those proceedings or out of any fund (other than a fund which the party to whom the costs are to be paid holds as trustee or personal representative). (2) Subject to the following provisions of this rule, costs to which this rule applies shall be taxed on the party and party basis, and on a taxation on that basis there shall be allowed all such costs as were necessary or proper for the attainment of justice or for enforcing or defending the rights of the party whose costs are being taxed. (3) The Court in awarding costs to which this rule applies may in any case in which it thinks fit to do so, order or direct that the costs shall be taxed on the solicitor and client basis. (4) The foregoing provisions of this rule shall be subject to the limitation imposed by rule 8. 11. (1) On a taxation as between solicitor and client, all costs shall be allowed except in so far as they are of an unreasonable amount or have been unreasonably incurred. (2) Any costs which in the circumstances of the case are of an unusual nature and such that they would not be allowed on a taxation of costs as between party and party shall, unless the solicitor shall have expressly informed his client in writing before they were incurred that they might not be so allowed, be presumed, until the contrary is shown, to have been unreasonably incurred. (3) On a taxation as between solicitor and own client, all costs incurred with the express or implied approval of the client evidenced by writing shall be conclusively presumed to have been reasonably incurred, and where the amount thereof has been so expressly or impliedly approved by the client, to have been reasonable in amount. (4) In sub-rule (2) the reference to the client shall be construed— ) if the client was at the material time of unsound mind and represented by a person acting as guardian ad litem or next friend, as a reference to that person acting, where necessary, with the authority of the Court; ) if the client was at the material time an infant and represented by a person acting as guardian ad litem or next friend, as a reference to that person. 12. (1) The scale of costs contained in Appendix W, Parts I, II, and V, together with the notes and general provisions contained therein shall apply to the taxation of all costs incurred in relation to contentious business. (2) On a taxation as between solicitor and client and in other special cases, a special allowance may at the discretion of the Taxing Master be allowed— ) in relation to items not mentioned in the said scale, or ) of an amount higher than that prescribed by the said scale. (3) When the amount of a solicitor's remuneration in respect of sales, purchases, leases, mortgages and other matters of conveyancing or in respect of any other non-contentious business is regulated by any general orders for the time being in force under the Solicitors' Remuneration Act, 1881, or by any rules for the time being in force under the Registration of Title Act, 1964 , the amount of the costs to be allowed on taxation in respect of such business shall be regulated thereby notwithstanding anything contained in this Order. 13. Notwithstanding rule 12, in causes and matters pending at the time when these Rules come in operation, the same scale of costs as heretofore shall continue to be applied, unless the Court otherwise directs. Taxation of costs. 14. The Taxing Master shall have power to tax— ) the costs of or arising out of any cause or matter in any of the Superior Courts; ) the costs directed by an award made on a reference to arbitration to be paid; ) the costs of a receiver appointed in any cause or matter, on the application of the receiver or of any party to such cause or matter; ) the cost of registering judgments as mortgages, of obtaining grants of probate and of letters of administration, of satisfying judgments, and any other other costs usually taxed ex parte, on the application of any party interested; ) without any order for the purpose, costs as between solicitor and client, upon the application of the client and upon his written undertaking, to be lodged in the Taxing Masters' Office, to pay any balance which the Taxing Master may certify; ) any other costs to be taxed under or by virtue of a statute or these Rules. 15. An application to the Court under the Attornies and Solicitors (Ireland) Act, 1849, section 2, as amended by the Legal Practitioners (Ireland) Act, 1876, if made within twelve months after the bill of costs shall have been delivered, sent or left, as in the said section provided, may be made if there be a pending proceeding, by motion on notice in such proceedings, and otherwise by special summons and the Court may on such application refer the bill for taxation, with such direction and subject to such conditions as the Court may think proper. 16. Save where the Taxing Master otherwise requires, notice of taxation need not be given to a defendant who has not appeared in person or by his solicitor or guardian. 17. All bills of costs to be taxed shall be disposed of by the Taxing Masters in a rotation to be fixed by them from time to time, or in such manner or order as the Chief Justice may from time to time direct; provided that the Court may at any time order that any particular costs or bill of costs shall be referred to any one of the Taxing Masters. 18. All bills of costs for taxation shall be lodged in the Taxing Masters' Office and with each bill shall be lodged a memorandum signed by or for the solicitor lodging the same, stating whether or not there has been any former taxation of costs in the same cause or matter, or relating to the same estate or trust, and if so, by which Taxing Master and the approximate date thereof. 19. A book with a proper index shall be kept in the Taxing Masters' Office in which shall be daily entered the date of lodgment of each bill of costs, the short title and the number thereof, with the name of the solicitor lodging the bill, and of the Taxing Master to whom it is allocated. 20. The said book shall be open to inspection by any interested party during the hours appointed for the lodgment of bills of costs. 21. The Taxing Masters shall be respectively assistant to each other, and either Taxing Master may tax or assist in the taxation of a bill of costs which has been referred to the other for taxation, and in such case shall certify accordingly. 22. The Taxing Masters shall among themselves, subject to the approval of the Chief Justice, regulate their attendance during the Long vacation so that at least one Taxing Master shall be available to discharge such business as may be required during such vacation. 23. The Taxing Masters in the taxation of costs shall observe a uniform course of practice, and in case they differ in opinion the matter of difference shall be referred to the decision of the Chief Justice. 24. The Taxing Master shall note on the original bill of costs details of items allowed and disallowed and the bill shall be retained in the Taxing Masters' Office. There shall be kept in the said office an index of all bills taxed by the Taxing Masters, and every party to a taxation shall be entitled to inspect the said index and the original bill with the Taxing Masters' notes thereon during office hours without fee or charge. 26. A copy of every judgment or order, whereby any costs are directed to be paid, shall be lodged in the Taxing Masters' Office before the taxation of such costs shall proceed, and the solicitor lodging such copy shall be answerable that it is a correct copy. 27. Save in the case of ex parte taxations and in the cases mentioned in rule 49, a notice to tax shall be issued within one month from the date of lodgment of the bill of costs. The Taxing Master may permit the issue of such notice at a later date. 28. A notice to tax shall be issued and served so as to allow fourteen clear days to elapse between the day of service and the day mentioned for attendance. Under urgent circumstances (to be decided on by the Taxing Master) a notice to tax may, by leave of such Taxing Master, be proceeded on within a shorter period. 29. (1) Every bill of costs which shall be lodged for taxation shall be indorsed with the name and registered place of business of the solicitor by or for whom it is so lodged. Where value added tax is claimed in a bill of costs the registered number allocated by the Revenue Commissioners to the person registered for value added tax must appear in a prominent place at the head of every bill of costs, account or voucher, as appropriate, on which value added tax is claimed or chargeable. (2) Bills of costs and notices, the service whereof is required, shall have the service as effected indorsed upon them in a manner sufficiently though briefly specifying the person served the time, place and mode of service, and the person serving, and the documents so indorsed shall be produced on proving service. (3) No addition or alteration shall be made in a bill of costs after it is lodged for taxation except by permission or direction of the Taxing Master. (4) No entry, initialing or marking in a bill of costs lodged shall be made, save by the Taxing Master, nor shall any erasures be allowed. Where this provision is infringed the Taxing Master may, subject to an appeal to the Court, disallow the item or items in respect of which the infringement has taken place, or may report the matter to the Court. (5) Bills of costs are to be prepared with seven separate columns:— ) the first or lefthand column for dates; ) the second for the numbers of the items; ) the third for the particulars of the services charged for; ) the fourth for disbursements; ) the fifth for the Taxing Masters' deductions from disbursements; ) the sixth for the professional charges; ) the seventh for the Taxing Masters' deductions from professional charges. (6) An index or schedule of the documents included in each brief, with the number of folios on each, and the pages of brief on which same are respectively copied shall be indorsed on such brief, or annexed thereto and shall be produced on taxation. (7) A list of the documents or portions of documents entered on each order, certificate, or report shall be indorsed thereon or annexed thereto, and produced on taxation, save in cases where the order, certificate or report contains a schedule of evidence. (8) ( ) Accounts for disbursements charged in a bill of costs, together with all rulings, orders, reports and other important documents shall be produced on taxation; ) The Taxing Master may, in his discretion, require that the payment of any item in a bill of costs, which has been allowed on taxation, be vouched before the Taxing Master shall sign the certificate of taxation and the Taxing Master shall not be required to sign the certificate of taxation until such time as the said requirements as to vouching have been completed to his satisfaction. (9) All drafts and other documents, the preparation whereof is charged for by the folio, shall be produced on taxation, and the folios thereof shall be numbered consecutively in the margin of the same, and the number of folios shall be indorsed thereon in figures. The length of all documents, not vouched by attested copies or other satisfactory evidence, shall be certified by the solicitor, and if such certificate be erroneous, the Taxing Master may disallow the costs of the document so erroneously certified, or any part thereof. (11) Certificates of the amount of costs allowed shall be prepared without interlineation, or alteration save such as the Taxing Master may think it right to mark with his initials, and no erasure whatsoever shall be allowed. (12) The Taxing Master may allow a solicitor attending to oppose the taxation of costs, otherwise than as between party and party, proper charges for his attendance. (13) In cases of the taxation of a bill of costs payable out of a fund or estate, or out of the assets of a company in liquidation, or as between solicitor and client, the costs of taxation and the Court fees on the bill of costs and on the certificate of taxation shall be disallowed in case one-sixth of the bill is taxed off unless the Taxing Master shall in his discretion allow the items on special grounds to be stated in his order. (14) In cases of special difficulty and importance involving questions of principle, the Taxing Master shall be at liberty to allow, as part of the costs of taxation, the expenses of counsel appearing before him. (15) As often as may be convenient the Taxing Master shall cause all unbound bills of costs taxed to be bound up in one or more volumes with proper indices, and to that end, the costs for taxation shall be written on proper paper, book-wise, with a sufficient margin; and the Taxing Master, in taxing any subsequent costs in the same cause or matter, shall have regard to the preceding bills, so as to ascertain that none of the items charged was included in any previous bill. 30. If, during the taxation of any bill of costs or the taking of any account between solicitor and client, it shall appear that there must in any event be moneys payable by the solicitor to the client, the Taxing Master may from time to time make an interim certificate as to the amount so payable by the solicitor. Upon the filing of such certificate the Court may order the moneys so certified to be paid forthwith to the client or brought into Court. 31. The taxation shall, if possible, be continued without interruption till completed, but if adjourned for any reason notice of the adjournment shall be sent by the Taxing Master by post to any solicitor not present at the time of the adjournment whose attendance at the next appointment is necessary or proper. 32. Any solicitor who shall in any way delay or impede the taxation shall, if the Taxing Master so directs, forfeit the fees to which he would otherwise be entitled for drawing his bill of costs and for attending the taxation. 33.

(1) If a solicitor following a request by a client for the taxation of costs that may be payable by such client, fails to set down the bill of costs for taxation, the client may set down such bill for taxation and a notice to tax in accordance with rule 28 shall be served on the solicitor. (3) On the completion by the Taxing Master of the adjudication on the bill of costs the solicitor shall take up the certificate of taxation within a period of 21 days or such further period as the Court or the Taxing Master may allow. In the event of either party seeking a review of any item in the bill of costs by the Taxing Master, or seeking a review by the Court, the relevant period shall operate from the date of the completion of the hearing of such review. (4) If the solicitor fails to take up the certificate of taxation within the said period of 21 days or such extended period as may be allowed as aforesaid, the client shall be entitled to take up the certificate of taxation on payment of the court fees on the bill of costs and on the certificate of taxation. The client shall be entitled to deduct from the bill of costs, any claim for disbursements which has not been vouched if so directed by the Taxing Master and any fee allowed or payable to such solicitor for attending on and opposing the taxation. The client shall also be entitled to deduct from the said bill of costs the costs of taxation, the court fees on the bill of costs and on the certificate of taxation, the fee for drawing the bill of costs and for attending taxation or any of them. (5) The foregoing provisions of this rule shall apply in cases of the taxation of a bill of costs payable out of a fund or estate or out of the assets of a company in liquidation, as well as between solicitor and client. 34. Where, upon the taxation of any bill of costs it appears to the Taxing Master that it is necessary to inspect any books, papers or documents relating to the cause or matter, the Taxing Master shall be at liberty to request the Registrar or Examiner who has the custody of such books, papers or documents to cause the same to be transmitted to the office of Taxing Master, and also to request such Registrar or Examiner to certify any proceedings which may be comprised in the bill of costs under taxation, and in such cases the Registrar or Examiner shall as soon as may be convenient cause such books, papers and documents to be transmitted to the office of the Taxing Master for his use during the taxation and shall certify the proceedings which have taken place according to the request of the Taxing Master; and after the costs have been certified the Taxing Master shall cause the same books, papers and documents to be returned. 36. (1) The fees to be allowed in respect of shorthand writers and transcripts of evidence shall be of such amount as to the Taxing Master seems reasonable. (2) A transcript of evidence required by any party to be furnished to him during the trial shall not in any case be allowed for unless such transcript has been directed to be made by the Court, or is subsequently used for the purpose of an appeal. 37. The following general regulations shall apply to all taxations: (1) As to drawing any pleading or other document, the fees allowed shall include any copy made for the use of the solicitor, agent or client, or for counsel to settle. (2) As to affidavits, ( ) when there are several deponents or it is necessary to go a distance, or to employ an agent, a reasonable allowance may be made on special grounds by the Taxing Master, ( ) the allowances for instructions and drawing an affidavit in answer to interrogatories and other special affidavits may include all attendances on the deponent to settle and read over. (3) As to delivery of pleadings, services and notices, fees are not to be allowed when the same solicitor is for both parties, unless necessary for the purpose of making an affidavit of service. (4) As to drafts settled by counsel appointed by the Court the expense of procuring such drafts to be settled by other counsel, on behalf of the party on whose behalf such drafts are settled by the counsel appointed by the Court, shall not be allowed on taxation, unless the Court shall otherwise direct. (6) Where the same solicitor is employed for two or more defendants, and separate pleadings are delivered, or other proceedings had, by or for two or more such defendants separately, the Taxing Master shall consider in the taxation of such solicitor's bill of costs, either between party and party, or between solicitor and client, whether such separate pleadings or other proceedings were necessary or proper, and if he is of opinion that any part of the costs occasioned thereby has been unnecessarily or improperly incurred, the same shall be disallowed. (7) On the taxation of costs as between party and party of joint executors or trustees who defend separately, the Taxing Master shall, unless otherwise ordered by the Court, allow only one set of costs for such defendants, when he is of opinion that they ought to have joined in their defence, such costs to be apportioned among such defendants as the Taxing Master shall decide. (8) Such reasonable charges and expenses as appear to have been properly incurred in procuring evidence, and the attendance of witnesses, are to be allowed. In respect of any witness, or a group of witnesses travelling together, the Taxing Master may allow by way of travelling expenses the actual cost of transport by a hired motor car, or for the use by a witness of his private motor car at such rate per mile as to the Taxing Master shall seem reasonable, when it is demonstrated to him that such hire or use did not exceed the cost of travel by available transport or otherwise resulted in a saving to the party chargeable. The reasonable expenses and allowances of witnesses to attend a consultation or conference properly held prior to the trial shall be chargeable on taxation as between party and party. (9) A folio comprises 72 words, every figure comprised in a column or authorised to be used being counted as one word. (10) Such costs of procuring the advice of counsel on the pleadings, evidence and proceedings in any cause or matter as the Taxing Master shall in his discretion think just and reasonable, and of procuring counsel to settle such pleadings and special affidavits as the Taxing Master shall in his discretion think proper to be settled by counsel, shall be allowed, but as to affidavits which ought to be filed at the same time, a separate fee to counsel for each affidavit may be allowed only in special cases. (11) As to inspection of documents under Order 31, rule 17, no allowance is to be made for any notice or inspection unless it is shown to the satisfaction of the Taxing Master that there were good and sufficient reasons for giving such notice and making such inspection. (13) The Court may upon any application or proceedings in or at the hearing of any cause or matter and whether the same is objected to or not, direct the costs of any indorsement on a summons, pleading, affidavit or any other document, which is improper, or contains vexatious or unnecessary matter, or is of unnecessary length, to be disallowed, or may direct the Taxing Master to look into the same and to disallow the costs thereof or of such part thereof as he shall find to be improper, or to contain vexatious or unnecessary matter, or to be of unnecessary length, and in such case the party whose costs are so disallowed shall pay the costs occasioned thereby to the other party; and in any case where such question shall not have been dealt with by the Court it shall be the duty of the Taxing Master to look into the same for the purpose aforesaid, and thereupon the same consequences shall ensue as if he had been specially directed to do so. (14) In any case in which a party entitled to receive costs is liable to pay costs to any other party, the Taxing Master may tax the costs such party is so liable to pay, and may adjust the same by way of deduction or set off. (15) The Taxing Master shall have authority to direct what parties are to attend before him on the taxation of costs to be borne by a fund or estate, and also to disallow the costs of any party whose attendance he shall in his discretion consider unnecessary in consequence of the interest of such party in such fund or estate being small or remote, or adequately protected by other parties interested, or for other sufficient reason. (16) Where any bill of costs is directed to be taxed for the purpose of being paid or raised out of any fund or property, the Taxing Master may, in his discretion, require the solicitor to give notice to his clients or such of them as the Taxing Master shall direct, and may suspend the taxation until such notice has been given. Such notice shall state that the bill of costs has been referred to the Taxing Master for taxation and the date and hour fixed by the Taxing Master for the taxation to proceed, and shall also state that the party to whom such notice is addressed is entitled to appear to be represented to oppose the allowances on taxation. (17) When any party entitled to costs refuses or neglects to bring in his costs for taxation, or to procure the same to be taxed and certified, and thereby prejudices any other party, the Taxing Master shall be at liberty to certify the costs of the other parties, and certify such refusal or neglect, or may allow such party refusing or neglecting a nominal or other sum for such costs, so as to prevent any other party being prejudiced by such refusal or neglect. (18) On every taxation the Taxing Master shall allow all such costs, charges and expenses as shall appear to him to have been necessary or proper for the attainment of justice or for enforcing or defending the rights of any party, but, save as against the party who incurred the same, no costs shall be allowed which appear to the Taxing Master to have been incurred or increased through over-caution, negligence or mistake, or by payment of special fees to counsel or special charges or expenses to witnesses or other persons or by other unusual expenses. (19) Where the plaintiff is directed to pay to the defendant the costs of the cause, the costs occasioned to a defendant by any amendment of the plaintiff's pleadings shall be deemed to be part of such defendant's costs in the cause (except as to any amendment which shall appear to have been rendered necessary by the default of such defendant), but there shall be deducted from such costs any sum which may have been paid by the plaintiff in respect of any amendment. (20) Where upon taxation a plaintiff who has obtained a judgment with costs is not allowed the costs of any amendment of his pleadings on the ground of the same having been unnecessary, the defendant's costs occasioned by such amendment shall be taxed, and the amount thereof deducted from costs to be paid by the defendant to the plaintiff. (21) The allowances in respect of fees to any counsel appointed by the Court, and to any accountants, merchants, engineers, actuaries and other scientific persons to whom any question is referred, shall, save where the Court shall otherwise order, be fixed by the Taxing Masters, subject to review under rule 38. (22) (i) Where in Appendix W there is entered either a minimum and a maximum sum, or the word "discretionary", the amount of costs to be allowed in respect of that item shall, subject to any order of the Court, be in the discretion of the Taxing Master, within the limits of the sums so entered (if any). (ii) In exercising his discretion in relation to any item, the Taxing Master shall have regard to all relevant circumstances, and in particular to— ) the complexity of the item or of the cause or matter in which it arises and the difficulty or novelty of the questions involved; ) the skill, specialised knowledge and responsibility required of, and the time and labour expended by, the solicitor; ) the number and importance of the documents (however brief) prepared or perused; ) the place and circumstances in which the business involved is transacted; ) the importance of the cause or matter to the client; ) where money or property is involved, its amount or value; ) any other fees and allowances payable to the solicitor in respect of other items in the same cause or matter but only where work done in relation to those items has reduced the work which would otherwise have been necessary in relation to the item in question. (23) As to all fees and allowances not referred to in regulation (22), it shall be in the discretion of the Taxing Master to disallow the same in whole or in part. (24) If in any case in which a taxation is directed with a view to the payment of the costs out of a fund or estate or out of the assets of a company in liquidation, the costs shall have been increased by unnecessary delay or by improper, vexatious, prolix or unnecessary proceedings, or by other misconduct or negligence, or if from any other cause certified by the Taxing Master on special grounds, the amount of the costs shall be excessive, having regard to the value of the fund, estate or assets to which they relate, or other circumstances the Taxing Master shall allow only such an amount of costs as would have been incurred if the litigation had been properly conducted, and shall assess the same at a gross sum, and shall (if necessary) apportion the amount among the parties. (25) Where a cause or matter has not been brought on for trial or hearing, the costs of and consequent on the preparation and delivery of briefs shall not be allowed if the Taxing Master shall be of opinion that such costs were prematurely incurred. (26) No fee to counsel shall be allowed on taxation unless authenticated by his signature. (27) Where the costs of two counsel may properly be allowed, such allowance may be made although both such counsel may have been selected from the outer bar. (28) It shall be in the discretion of the Taxing Master to allow reasonable refreshers to counsel in proper cases. (29) No retaining fee to counsel shall be allowed on taxation as between party and party. (30) No costs of consultation or conference shall be allowed as between party and party without a direction by the senior or only counsel that such consultation or conference be held. (31) Where, in proceedings before the Taxing Master, any party is guilty of neglect or delay, or puts any other party to any unnecessary or improper expense relative to such proceedings, the Taxing Master may direct such party or his solicitor to pay the reasonable costs occasioned by such neglect or delay. (32) The Taxing Master shall have power to limit or extend the time for any proceedings before him, and where, by these Rules or any order, a time is appointed for any proceedings before or by a Taxing Master, unless the Court shall otherwise direct, such Taxing Master shall have power from time to time to extend the time appointed upon such terms (if any) as the justice of the case may require, and although the application for the same is not made until after the expiration of the time appointed, it shall not be necessary to make a certificate or order for this purpose unless required for any special reason. (33) When a cause being in the list for hearing is ordered to be adjourned upon payment of costs of the day, the party to pay the same shall pay to each party to whom costs are awarded if entitled to appear by three counsel £180.00 if by two counsel £110.00 and if by one counsel £70.00, unless the Court shall otherwise direct. The foregoing sums do not include witnesses expenses. (34) In any case in which costs are directed to be paid by any order, and the same shall be subsequently taxed and ascertained, the party entitled to such costs may, upon production of such order, and the Taxing Master's certificate of the amount thereof, have an order of execution for the payment of the certified amount of such costs. (35) If and when the Taxing Master makes a special allowance he shall specify the grounds for such allowance in writing at the taxation. Review of taxation. 38. (1) Any party who is dissatisfied with the allowance or disallowance by the Taxing Master of the whole or part of any items (including any special allowance) may, before the certificate is signed, but not later than fourteen days after the completion of the adjudication by the allowance or disallowance of the entire of the items in the bill of costs deliver to the other party interested therein, and carry in before the Taxing Master his objections in writing to such allowance or disallowance, specifying therein by a list in a short and concise form the items, or parts thereof, objected to, and the grounds and reasons for such objections, and may thereupon apply to the Taxing Master to review the taxation in respect of the same. The Taxing Master may, if he shall think fit, and upon the application of the party entitled to the costs issue pending the consideration of such objections an interim certificate of taxation for or on account on the remainder of the items in the bill to which no objection has been taken and also for that part of the bill of costs in dispute which the Taxing Master may in his discretion consider reasonable. Such further certificate as may be necessary shall be issued by the Taxing Master after his decision upon such objections. (3) Any party who is dissatisfied with the decision of the Taxing Master as to any items which have been objected to as aforesaid or with the amount thereof, may within twenty-one days from the date of the determination of the hearing of the objections or such other time as the Court or the Taxing Master may allow, apply to the court for an order to review the taxation as to the same items and the Court may thereupon make such order as may seem just. The Taxing Master may if he thinks fit on the application of the party entitled to the costs pending the determination of the review by the Court issue a certificate of taxation or a second interim certificate of taxation concerning any items no longer in dispute other than those specified in the notice of motion to review. All interim certificates of the Taxing Master shall be final and conclusive as to all matters which shall not have been objected to in manner aforesaid and save as provided by this rule, the Taxing Master shall not be at liberty, after a certificate is signed, to review his taxation or amend his certificate, except to correct a clerical or manifest error before process for recovery or payment of the costs. (4) The application to the Court shall be made by motion on notice to the other party concerned, such notice of motion to be filed in the Central Office and a copy thereof filed in the Office of the Taxing Masters and the motion shall be heard and determined by the Court upon the evidence which shall have been brought in before the Taxing Master, and no further evidence shall be received upon the hearing thereof, unless the Court shall otherwise direct. (5) On completion and signing of the Taxing Master's report and on the request of the moving party the Taxing Master shall, not later than four days prior to the date fixed for the hearing of the application to the Court, transmit to the Central Office of the High Court his report of the taxation, duly signed, together with the original bill of costs, notice of objections and any other material documents. The said report and all other documents transmitted therewith shall be returned to the Taxing Master forthwith on the final determination of the said application. (6) After the determination by the Court the matter shall be remitted to the Taxing Master to complete the taxation in accordance with the decision of the Court and to issue a final certificate of taxation. (7) If the bill of costs or any part thereof is remitted to the Taxing Master for re-taxation, any party may upon such re-taxation carry in objections to the allowance or disallowance of any item so remitted to the Taxing Master and the provisions of this rule shall apply to such re-taxation as on the original taxation. Costs of judgment in default. 39. In all cases of judgment by default of appearance for a liquidated demand, where the plaintiff is entitled to costs, there shall be added to the principal sum for which such judgment is marked the respective sums for costs set out in Appendix W, Part II. 40. In cases within rule 39 or within Order 4, rule 5, where there has been an order for service of the summons or of notice thereof, out of the jurisdiction, or for substituted or other service, or for the substitution of notice for service, or declaring service effected sufficient or where more than one attendance has been necessary to effect service, or where there has been a notice by advertisement of the issuing of the summons under Order 9, rule 7, there shall be added to the sums in rule 39 respectively mentioned the proper and necessary additional costs, to be ascertained on taxation (in cases of claims under £15,000 costs to be on the scale appropriate in the Circuit Court or District Court, as the case may be). 41. In cases of judgment by default of appearance for a liquidated demand, where it appears by affidavit made by some person who can swear positively to the debt that a sum greater than that for which judgment is marked was due to the plaintiff in respect of the sum sued for at the time of the service of the summons, there shall be added to the principal sum for which such judgment is marked, the same sum for costs as would have been so added if the judgment had been marked for the sum due at the time of such service, together with the costs of registration under 13 and 14 Vic., c. 74. 42. In claims for liquidated demand, where the plaintiff would, if any sum remained due on foot of such demand, be entitled to enter judgment by default of appearance, and where it appears by affidavit made by some person who can swear positively to the debt, that a sum specified was due to the plaintiff in respect of the sum sued for at the time of the service of the summons, the plaintiff shall be entitled to enter judgment for his costs for such sum as would have been added if a judgment had been marked for the sum due at the time of such service, together with the costs of registration under 13 & 14 Vic., c. 74. 43. In cases of judgment for a liquidated demand under Order 37, when no step has been taken by the defendant after appearance, there shall, unless the Court shall otherwise order, be added to the principal sum for which judgment is marked for costs, the same sums as are hereinbefore respectively allowed in case of judgment by default of appearance, together with such further costs of the motion for judgment as the Court may allow. In cases of applications under Order 13, rules 14 and 15, there shall be added to the sums allowed in case of judgment by default of appearance such further costs (if any) of the motion to enter judgment as the Court may allow. 44. In any action brought upon a negotiable instrument where judgment is marked by default, there shall be lodged with the proper officer a certificate stating whether or not more than one action had been brought on the same instrument, and such certificate shall be filed by the proper officer. 45. In all undefended cases where a party becomes entitled to judgment by default, the affidavit upon which that party grounds his claim to the costs of the proceedings shall contain an averment stating whether value added tax is payable by him on such costs and, if so, whether the sum so payable is recoverable by him by way of set-off against any value added tax payable to him. Costs of execution. 46. Subject to the provisions of rule 8, in all cases not provided for by rule 39 in which a person shall obtain judgment for the payment of money or costs, if and when execution shall issue on foot thereof, the officer issuing such execution shall add to the sum ordered to be paid the appropriate sum specified in respect of costs of execution set forth in Appendix W, Part I. Judical Review and Orders affecting personal liberty. 47. The costs and fees in cases under Order 84 shall be taxed by the Taxing Master and shall be subject to the provisions of this Order. Non-contentious probate matters. 48. In non-contentious probate matters, the costs and fees to be allowed shall be those set forth in Appendix W, Part III. 49. The following classes of costs may be taxed without an order: ) from petition of bankruptcy to first public sitting; ) from petition of bankruptcy to first audit; ) from first public sitting to first audit; ) from audit to audit; ) from petition of bankruptcy or from first public sitting to second composition meeting; ) petitioner's costs and trustees' costs in arrangement matters where same are provided for by the resolution of creditors and confirmed by the Court; ) costs of creditors having carriage of the proceedings under order of the Court from adjudication of bankruptcy under petition for arrangement to first public sitting. 50. The costs of a debtor's summons shall be included in the costs of petition when the act of bankruptcy relied on is noncompliance with the debtor's summons. 51. The costs and fees payable to solicitors in respect of proceedings in bankruptcy shall, subject to the provisions of the Irish Bankrupt and Insolvent Act, 1857, section 375, be those prescribed in Appendix W, Part IV. The scale of charges in Appendix W, Part IV, shall apply in the case of messengers, auctioneers, brokers and accountants in all such proceedings. 52. The costs of the employment of a separate solicitor under rule 25 shall, on production of the certificate of taxation therefor, be paid out of the estate in due priority, unless the Court shall otherwise direct. 53. (1) When the gross proceeds of the assets realised in any bankruptcy or arrangement do not exceed £1,000, the disbursements together with three-fifths only of the professional charges shall be allowed, unless the Court otherwise directs. (2) When there has been no realisation, or the realisation is incomplete, if the Court is satisfied that the assets are likely to realise at least —1,000, and shall so direct, the Taxing Master shall allow the full professional charges and disbursements. 54. The Examiner may himself measure a sum for costs where the Judge so directs or where he considers that the amount which would be allowed on taxation would not exceed —500. 55. Subject to rule 54 no sum shall be paid or allowed to the Official Assignee for or on account of costs without an order of the Court. 56. All bills and charges of receivers, managers, accountants, appraisers, auctioneers, brokers, valuers, sheriffs and other persons shall be taxed by the Taxing Master or by such other officer as the Court shall direct, and no payments in respect of such bills or charges shall be allowed in the accounts of the Official Assignee without such taxation having been made. 57. (1) No bill for travelling or other expenses of any Messenger or assistant Messenger shall be paid by the Official Assignee unless the same shall have been examined and allowed by the Examiner. (2) When a Messenger or assistant Messenger shall have for execution two or more warrants in distinct matters in bankruptcy or arrangement which are or may be executed at the same time or in continuous journey without returning to Dublin, the travelling and other expenses incurred for the entire journey shall be apportioned between the different bankruptcies or arrangements, as the case may be, and no duplicate charges shall in any case be allowed. (3) Nothing in this rule shall prevent the Official Assignee when he sees fit, from advancing money to the Messenger or assistant Messenger when he undertakes any journey, but credit shall not be allowed to the Official Assignee, upon vouching of his accounts, for any payments save for bills examined and allowed as hereinbefore. ORDER 100. REGISTRATION OF BUSINESS NAMES ACT, 1963 1. In this Order "the Act" means the Registration of Business Names Act, 1963 , and "the Minister" means the Minister for Industry, Trade, Commerce and Tourism. 2. Every application under section 5 (3) of the Act shall be made by special summons. 3. (1) Every appeal under section 14 (1) of the Act shall be brought by petition which shall be presented within twenty-one days after the person seeking registration has received notice of the Minister's refusal to permit registration. (2) A copy of the petition shall be served upon the Minister. (3) As soon as the petition has been presented, the petitioner shall apply to the Court for directions as to the proceedings to be taken, and on the hearing of such application the Court may make such order as to the publication of notice of the petition and of the day on which it is to be heard and give such other directions as it may think fit. ORDER 101. HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1979 1. Every appeal to the Court under the Housing (Miscellaneous Provisions) Act, 1979 , shall be brought by special summons. 2. The summons shall be entitled in the matter of the said Act, on the application of the person bringing the appeal, and shall state the decision or opinion appealed against and the grounds of appeal. 3. The summons shall be served on the Minister for the Environment. ORDER 102. TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982 1. Every appeal to the Court under the Transport (Tour Operators and Travel Agents) Act, 1982 , Section 9, shall be brought by special summons. 2. The summons shall be entitled in the matter of the Act and on the application of the person bringing the appeal and shall state the refusal or decision appealed against and the grounds of appeal. 3. The summons shall be served on the Minister for Communications. ORDER 103. LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976 1. In this Order "the Act" means the Local Government (Planning and Development) Act, 1976 2. An application for an order under Section 27 of the Act shall be by motion on notice to the person against whom relief is sought. 3. The notice of motion shall be entitled in the matter of the Act on the application of the person bringing the application; shall state the relief sought; describe the land or development sought to be affected; shall state the name and place of residence or address for service of the person seeking relief; the date upon which it is proposed to apply to the Court for relief; and shall be filed in the Central Office. 4. Notice of the motion shall be given to the person against whom the relief is sought (the respondent); but if it shall appear to the Court that any person to whom notice has not been given ought to have or ought to have had such notice, the Court may either dismiss the application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose. 5. There must be at least ten days between the service of the notice and the day named therein for the hearing of the motion. 6. (a) Subject to the right of the Court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of a motion under rule 2 shall be by affidavit. ) Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice. Any affidavit to be used in opposition to the application shall be filed in the Central Office by the respondent within seven days of the service on him of the applicant's affidavit, and the respondent must within such period serve a copy of any affidavit intended to be used by him on the applicant. 7. Pending the determination of an application under Section 27 of the Act, the Court on the application of the applicant or the respondent, by interlocutory order, (or if satisfied that delay might entail irreparable or serious mischief, by interim order on application ex parte) may make any order in the nature of an injunction; and for the detention, preservation or inspection of any property or thing; and for all or any of the purposes aforesaid may authorise any person to enter upon or into any land or building; and for all or any of the purposes aforesaid may authorise any sample to be taken or any observations to be made or experiment to be tried, which it may consider appropriate necessary or expedient. ORDER 104. CONSUMER INFORMATION ACT, 1978 1. In this Order "the Act" means the Consumer Information Act, 1978 "the Director" means the holder for the time being of the office of Director of Consumer Affairs. 2. An application for an order under Section 8 (3) of the Act shall be by motion on notice to the person against whom relief is sought. 3. The notice of motion shall be entitled in the matter of the Act on the application of the Director; shall state the relief sought; shall state the name of the Director, and his place of business or address for service; the date upon which it is proposed to apply to the Court for relief; and shall be filed in the Central Office. 4. Notice of the motion shall be given to the person against whom the relief is sought (the respondent); but if it shall appear to the Court that any person to whom notice has not been given ought to have or ought to have had such notice, the Court may either dismiss the application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose. 5. There must be at least four days between the service of the notice and the day named therein for the hearing of the motion. 6. (a) Subject to the right of the Court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of a motion under rule 2 shall be by affidavit. ) Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice. Any affidavit to be used in opposition to the application shall be filed in the Central Office by the respondent within three days of the service on him of the applicant's affidavit and the respondent must within such period serve a copy of any affidavit intended to be used by him on the application. ORDER 105. APPEALS FROM THE EMPLOYMENT APPEALS TRIBUNAL. Minimum Notice and Terms of Employment Act, 1973 shall be brought by special summons. 2. The summons shall be entitled in the matter of the relevant Act, on the application of the person bringing the appeal, and shall state the decision of the Redundancy Appeals Tribunal, (hereinafter referred to as the Tribunal), appealed against and the grounds of appeal. 3. The summons shall be served on the Minister for Labour and on all parties to the decision of the Tribunal. 4. The summons shall be issued within twenty-one days of the date on which notice of the decision of the Tribunal was given to the party appealing; provided that the time within which the summons may be issued may be extended on application ex parte at any time within six weeks from the date on which notice of the decision of the Tribunal was given to the party wishing to appeal. 6. No costs shall be allowed of any proceedings under this Order unless the Court shall by special order allow such costs. ORDER 106. APPEALS FROM THE LABOUR COURT. 1. Any appeal to the Court under the Anti-Discrimination (Pay) Act, 1974, or under the Employment Equality Act, 1977 , shall be brought by special summons. 2. The summons shall be entitled in the matter of the relevant Act, on the application of the person bringing the appeal and shall state the decision of the Labour Court appealed against and the grounds of appeal. 3. The summons shall be served on the Minister for Labour and on all parties to the decision of the Labour Court. 4. The summons shall be issued within twenty-one days of the date on which notice of the decision of the Labour Court was given to the party appealing; provided that the time within which the summons may be issued may be extended on application ex parte at any time within six weeks from the date on which notice of the decision of the Labour Court was given to the party wishing to appeal. 5. No costs shall be allowed of any proceedings under this Order unless the Court shall by special order allow such costs. ORDER 107. THE TRADE UNION ACT, 1971 1. Every application under the Trade Union Act, 1971 , section 3, shall be brought by special summons. 2. The summons shall be entitled in the matter of the Trade Union Act, 1971 , and on the application of the person bringing the same. 3. The summons shall be served on the Minister for Labour. ORDER 108. LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977 1. In this order "the Act" means the Local Government (Water Pollution) Act, 1977 2. An application for an Order under section 11 of the Act shall be by motion on notice to the person against whom relief is sought. 3. The notice of motion shall be entitled in the matter of the Act on the application of the person bringing the application; shall state the relief sought; describe the contravention of section 3 (1) or 4 (1) of the Act which has occurred or is occurring; shall state the name and place of residence or address for service of the person seeking relief; the date upon which it is proposed to apply to the Court for relief; and shall be filed in the Central Office. 4. Notice of the motion shall be given to the person against whom the relief is sought (the respondent); but if it shall appear to the Court that any person to whom notice has not been given ought to have or ought to have had such notice, the Court may either dismiss the application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose. 5. There must be at least ten days between the service of the notice and the day named therein for the hearing of the motion. 6. ( ) Subject to the right of the Court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of a motion under rule 2 shall be by affidavit. ) Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice. Any affidavit to be used in opposition to the application shall be filed in the Central Office by the respondent within seven days of the service on him of the applicant's affidavit, and the respondent must within such period serve a copy of any affidavit intended to be used by him on the applicant. 7. Pending the determination of an application under section 11 of the Act, the Court, on the application of the applicant or the respondent, by interlocutory order, (or, if satisfied that delay might entail irreparable or serious mischief, by interim order on application ex parte ) may make any order in the nature of an injunction; and for the detention, preservation or inspection of any property or thing; and for all or any of the purposes aforesaid may authorise any person to enter upon or into any land or building; and for all or any of the purposes aforesaid may authorise any sample to be taken or any observations to be made or experiment to be tried, which it may consider appropriate, necessary or expedient. ORDER 109. INDUSTRIAL AND PROVIDENT SOCIETIES (AMENDMENT) ACT, 1978 1. Every application under section 16 or section 26 of the Industrial and Provident Societies (Amendment) Act, 1978 , (referred to in this Order as "the Act") shall be brought by special summons. 2. The summons shall be entitled in the matter of the Act and the relevant section and on the application of the person making it. It shall state the particular grounds of the application and the relief sought. 3. Where the summons is issued by the Registrar of Friendly Societies it shall be served on the society or credit union (as the case may be) in respect of which the relief is sought. 4. Where the summons is issued by a society or credit union (as the case may be) it shall be served on the Registrar of Friendly Societies. 5. The proceedings may on the application of either party be heard in chambers. 6. Every application under section 14 or section 23 of the Act for an order to examine shall be by motion on notice, (or in urgent cases by ex parte application) entitled in the matter of the Act and the relevant section and on the application of the person making it. 7. Every application for winding-up a society under section 19 of the Act shall be made in accordance with the provisions of Order 74 as if the society were a company, subject to any necessary modifications. ORDER 110. MALICIOUS INJURIES ACT, 1981 1. In this Order "the Act" means the Malicious Injuries Act, 1981 "County Registrar" includes any deputy County Registrar and any person appointed to act as such Registrar or deputy, and also when the context permits any person appointed to act as Registrar to the High Court on Circuit. "District Court Clerk" includes any person for the time being carrying out the duties of a District Court Clerk. 2. ( ) In the case of a case stated under the Act by the High Court on Circuit or by a Circuit Court Judge, it shall when signed be lodged with the County Registrar or, in the case of a case stated under the Act by the High Court sitting in Dublin, with the Registrar of such Court or, in the case of a case stated by a Justice of the District Court, with the District Court Clerk. As soon as the case stated shall have been signed and lodged with such County Registrar or Registrar or District Court Clerk, as the case may be, he shall endorse thereon the date of lodgment, the name of the party or parties (if any) who applied for the case to be stated, the name of the party who is to have carriage thereof, and the names and addresses of the solicitors (if any) for the several parties. ) Such County Registrar or Registrar or District Court Clerk, as the case may be, within fourteen days of such lodgment, shall serve by registered post notice of such signing and lodgment on every party who appeared upon the hearing of the appeal or matter in respect of which the case is stated and shall transmit the original of such case stated to the Registrar of the Supreme Court, who shall, as soon as the necessary papers are in order and ready, set down the same for hearing and it shall come on to be heard according to its order in the list unless the Supreme Court shall otherwise direct. 3. After service of such notice of signing and lodgment any interested party shall be entitled to obtain, on application to the Registrar of the Supreme Court, one or more copies of the case stated upon payment of the prescribed fee. 4. The party having carriage of the case stated, shall within twenty-one days after the service of such notice of signing and lodgment, lodge with the Registrar of the Supreme Court five copies of the case stated and of the documents (if any) referred to therein. 5. An appeal under Section 18 (1) ( ) or 18 (2) ( ) of the Act shall be to the High Court sitting in Dublin and shall be by notice of appeal, which shall be served on all parties to the proceedings in course of which the order appealed against was made, within ten days from the date upon which the order appealed from was pronounced in open Court. The notice shall be for the first opportunity after the expiration of ten days from the date of service. Such notice of appeal shall be in Form No. 3 in Appendix I. 6. ( ) Subject to the right of the Court to give such direction in that behalf as it considers appropriate or convenient, evidence on the hearing of an appeal under section 18 (1) ( ) or 18 (2) ( ) of the Act shall be by affidavit. ) Any affidavit to be used in support of the appeal shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice on all parties to the proceedings in course of which the order appealed from was made. Any affidavit to be used in opposition to the appeal shall be filed in the Central Office within fourteen days of the service of the appellant's affidavit, and the party so filing an affidavit in opposition to the appeal must within such period serve a copy of such affidavit on the appellant. 1. An application under section 4 of the , to enforce a determination shall be made by special summons. ORDER 112. APPEALS UNDER THE HOUSING (PRIVATE RENTED DWELLINGS) (AMENDMENT) ACT, 1983 1. Every appeal to the Court under the Housing (Private Rented Dwellings) (Amendment) Act, 1983 , section 13, shall be brought by special summons. 2. The summons shall be entitled in the matter of the said Act and on the application of the person bringing the appeal and shall state the decision of the Rent Tribunal (hereinafter referred to as the Tribunal) appealed against and the grounds of appeal. 3. The summons shall be served on all parties to the decision of the Tribunal. 4. The summons shall be issued within three months after the determination by the Tribunal or such longer period as the Court may allow. 5. Any question referred to the Court by the Minister for the Environment shall be brought by special summons entitled in the matter of the said Act and on the application of the said Minister. The summons shall state concisely the question referred for the decision of the Court and shall be served on all parties to the application to the Tribunal. ORDER 113. THE LIFE ASSURANCE COMPANIES (PAYMENT INTO COURT) ACT, 1896. 1. In this Order "the Act" means the Life Assurance Companies (Payment into Court) Act, 1896. 2. An assurance company desiring to make a payment into Court under the Act shall cause an affidavit, by its secretary, or other authorised officer, to be filed, entitled "In the matter of the Policy No. effected with ( here give the name of the company )" and in the matter of the Act, and setting forth: ) a short description of the policy and a statement of the persons entitled thereunder, according to the terms of the policy, with the names and addresses of such persons, as far as the same are known to the company; ) a short statement of the notices received by the company claiming an interest in or title to the money assured, the dates when such notices were received, the dates of withdrawal of such notices (if any) as have been withdrawn, and the names, and, except as to notices withdrawn, the addresses, as far as the same are known to the company, of the persons by whom such notices have been given; ) a statement that, in the opinion of the board of directors of the company, no sufficient discharge can be obtained otherwise than by payment into Court under the Act; ) the submission by the company to pay into Court such further sum (if any), whether for interest or otherwise, as the Court may direct, and to pay any costs which the Court may consider under the circumstances of the case ought to be paid by the company; ) an undertaking by the company forthwith to transmit to the Accountant any notice of claim received by the company after the making of the affidavit, with a letter referring to the title of the affidavit; ) the place where the company may be served with any summons, order, or notice of any proceedings relating to the money. 4. The company shall not deduct any costs or expenses of or incidental to the payment into Court. 5. No payment shall be made into Court under the Act where any action to which the company is a party is pending in relation to the policy or the moneys thereby assured, except by leave of the Court to be obtained in the act ion. 6.

The company shall forthwith give notice of such payment by post to the several persons appearing by the affidavit to be entitled to or interested in the money assured and paid into Court, or to have given notice of claim to the company, except where the notice has been withdrawn, and except so far as the name or address of any such person is unknown to the company. 7. Any person claiming to be entitled to or interested in the money paid into Court may apply by special summons in respect thereof. 8. Unless the Court shall otherwise direct, the applicant shall not, except when he asks for payment of a further sum of costs by the company, serve such summons on the company, but shall serve the same on or give notice thereof to every person appearing by the affidavit on which payment into Court was made to be entitled to, or interested in, or to have a claim upon the money, and to every person who has given any further notice which has been transmitted to the Accountant as aforesaid. 9. The ledger credit, to which the money lodged under this Order shall be placed, shall be entitled as follows:—"In the matter of the Policy No. on the life of A.B. effected with the Company." 10. An attested copy of the schedule annexed to the affidavit mentioned in rule 2 shall be left with the Accountant. 11. On receipt by the Accountant of any subsequent notice of claim transmitted by such company pursuant to their undertaking referred to in rule 2, he shall retain the same and make an entry thereof in his books; and on any certificate, or copy of an account of the fund to which such notice refers, he shall note the name of the person giving such notice and the date thereof. ORDER 114. OFFICERS. 1. Every Registrar, assistant Registrar, Court Clerk and senior Clerk of the High Court or the Supreme Court shall have power to take affidavits and affirmations in all causes or matters pending in either such Court and to administer the necessary oaths and affirmations for that purpose. 2. When an officer attached to any Court is engaged on duties relating to business of that Court which is for the time being required by law to be transacted by or before or under or pursuant to the order of a Judge or Judges of that Court, he shall observe and obey all directions given to him by such Judge or Judges. ORDER 115. ORDERS OF THE COURT. 1. Every order of the Supreme Court and of the High Court, when drawn up, shall be dated the day of the week, month and year on which the same was made, unless such Court shall otherwise direct, and shall take effect accordingly. Every such order shall be passed and perfected with all convenient speed. 2. Save where otherwise provided in these Rules, every order shall be issued out of the Central Office. ORDER 116. SEALS. 1. The seals to be used in the respective offices of the Supreme Court and High Court shall be: ) the seal of the Supreme Court; ) the seal of the Chief Justice; ) the seal of the High Court; ) the seal of the High Court (Wards of Court); ) the seal of the High Court (Bankruptcy); ) the seal of the High Court (Probate); ) the seal of the High Court (Central Criminal Court); ) the seal of the Court of Criminal Appeal. 2. The seals of the Supreme Court, the Chief Justice and the Court of Criminal Appeal shall be kept in the custody of the Registrar of the Supreme Court. 3. (1) The seal of the High Court shall be kept in the custody of the officer for the time being managing the Central Office. (2) The seal of the High Court (Wards of Court) shall be kept in the custody of the Registrar of Wards of Court. (3) The seal of the High Court (Bankruptcy) shall be kept in the custody of the Examiner. (4) The seal of the High Court (Probate) shall be kept in the custody of the Probate Officer. (5) The seal of the High Court (Central Criminal Court) shall be kept in the custody of the Registrar as defined in Order 85 rule 1. 4. All documents or copies thereof appearing to be sealed with one of the above-mentioned seals shall be presumed to be documents or copies thereof (as the case may be) issued from the Court or Judge whose seal is affixed thereto, and if duly stamped may be received in evidence, and no signature or other formality except such sealing as aforesaid, shall be required for the authentication of any such document or copy. 1. All notices required by these Rules shall be in writing, unless expressly authorised by the Court to be given orally. 2. All documents to be filed or lodged in any of the Offices or prepared for use in Court shall be clearly and legibly written. 3. The quality and size of paper to be used in any documents to be filed or lodged in the Office of the Registrar of the Supreme Court or in the Central Office and the complement to be written on such documents shall be prescribed from time to time by the President of the High Court. 4. Copies of documents for use in Court or for marking as attested or certified copies shall correspond in form with the original document. 7. Where a party or his solicitor refuses to deliver a copy of any document which ought to be delivered by him or does not deliver the same within the time aforesaid, an addition of two clear days shall be made to the period within which any proceedings which may have to be taken after obtaining such copy ought to be so taken. 8. (1) Every copy of a document furnished by a party or his solicitor to another party shall be clearly and legibly written on paper of durable quality of the same size as, and corresponding in form with, the original document; and the number of folios therein shall be certified thereon by the solicitor furnishing the same and, if such certificate be erroneous, the costs of such copy may be disallowed in whole or in part. (2) The name and address of the party or the name and registered place of business of the solicitor by whom a copy of any document is furnished shall be indorsed thereon in like manner as upon documents filed in Court, and such party or solicitor shall be answerable for the same being a true copy of the original. ORDER 118. SITTINGS AND VACATIONS. 1. The sittings of the Supreme Court and the sittings in Dublin of the High Court shall be four in every year, viz.: the Michaelmas sittings, the Hilary sittings, the Easter sittings and the Trinity sittings. The Michaelmas sittings shall begin on the first Monday in October and end on the 21st December; the Hilary sittings shall begin on the 11th January and end on the Friday of the week preceding the Easter vacation; the Easter sittings shall begin on the Monday of the week following the Easter vacation and end on the Thursday preceeding Whit Sunday; and the Trinity sittings shall begin on the Wednesday of the week following Whitsun week and end on the 31st July, provided that, if the 11th January shall be a Saturday or Sunday, the Hilary sittings shall begin on the following Monday. 2. The vacations to be observed in the several Courts and offices of the Supreme Court and the High Court shall be four in every year, viz.: the Christmas vacation, the Easter vacation, the Whitsun vacation and the Long vacation. The Christmas vacation shall begin on the 24th December and end on the 6th January. The Easter vacation shall begin on the Monday of the week before Easter week and end on the Saturday of Easter week. The Whitsun vacation shall begin on the Friday of the week preceeding Whitsun and end on the Saturday of Whitsun Week. The Long vacation shall begin on the 1st August and end on the 30th September. 3. The days of commencement and termination of each sittings and vacation shall be included in such sittings and vacation respectively. 4. (1) The several offices of the Supreme Court and of the High Court shall be open for public business on every day of the year except Saturdays, Sundays, Christmas Day and the seven next following days, St. Patrick's Day, Good Friday, Monday and Tuesday in Easter Week and the days duly appointed to be observed as public holidays in public offices. (2) The hours during which such offices are open for public business shall be as follows:— ) during the sittings, from half past ten o'clock in the forenoon to half past four o'clock in the afternoon; ) during the Long vacation, from half past ten o'clock in the forenoon to one o'clock in the afternoon; ) during other vacations, from half past ten o'clock in the forenoon to two o'clock in the afternoon. 5. One of the Judges of the High Court shall be selected at the beginning of each Long vacation for the hearing in Dublin during vacation of all such applications as may require to be immediately or promptly heard. Such Judge shall act as vacation Judge for one year from his selection. In the absence of arrangement between the Judges, the vacation Judge shall be the Judge last appointed if he has not already served as vacation Judge for two years, and, if he has already so served, then the vacation Judge shall be the junior Judge who has not served for two years according to juniority of appointment, and if and whenever all the Judges have served for two years, then and is such event each Judge in succession in order of juniority shall act as vacation Judge for one year. Any other Judge of the High Court may sit in vacation for any vacation Judge. The Chief Justice shall not be liable to act as vacation Judge. 6. Any interval between the sittings of the High Court, not included in a vacation, shall, so far as the disposal of business by the vacation Judge is concerned, be deemed to be a portion of the vacation. ORDER 119. MODE OF ADDRESS OF JUDGES; ROBES OF BENCH AND BAR. 2. The Judges of the Superior Courts shall on all occasions, during the sittings, including sittings of the Central Criminal Court, wear the following costume, namely, a black coat and vest of uniform make and material of the kind worn by Senior Counsel, a black Irish poplin gown of uniform make and material, white bands, and a wig of the kind known as the small or bobbed wig. 3. Senior and Junior Counsel shall appear, when in court, habited in a dark colour, and in such robes and bands and with such wigs as have heretofore been worn by Senior and Junior Counsel respectively, and no Counsel shall be heard in any case during the sittings unless so habited. ORDER 120. INTERPRETERS AND TRANSLATIONS. 1. There shall be such number of interpreters as the Chief Justice and the President of the High Court respectively may from time to time, by requisition in writing addressed to the Minister for Justice, request, and such interpreters shall attend the Courts and the Offices of the Superior Courts and be available to attend those Courts as required for the hearing of any cause or matter. 5. In this Order the expression "the Gaeltacht" shall mean the geographical area comprising such districts of Ireland as shall be from time to time declared by the Oireachtas. ORDER 121. SERVICE OF DOCUMENTS. 1. In this Order, unless repugnant to the context, "document" includes a pleading, notice, affidavit or order. 2. The delivery or service of any document under these Rules, for which personal service is not required, shall be effected by leaving the document or a copy thereof (as may be appropriate) at, or sending the document or a copy thereof (as may be appropriate) by registered prepaid post to, the residence or place of business in the State of the person to be served or the place of business in the State of the solicitor (if any) acting for him in the proceedings to which the document relates. 3. The delivery or service by post of any document, which is authorised to be delivered or served by post, shall be deemed to have been served at the time at which it would be delivered in the ordinary course of post. 4. Any document to be served or delivered under these Rules shall contain the name and registered place of business of the solicitor for the party serving the same and also the named and registered place of business of the solicitor to be served or, in the case of a party who does not act by a solicitor, the name and address for service of such person. 5. Where no appearance has been entered for a party, or where a party or his solicitor, as the case may be, has omitted to give an address for service as required by Order 4 and Order 12, any document which has not to be served personally and for which no other mode of service is directed, may be served by filing the same in the Central Office. 6. Where personal service of any document is required by these Rules or otherwise, service shall be effected as nearly as may be in the manner prescribed for the personal service of an originating summons. 7. Where personal service of any document is required by these Rules or otherwise and it appears to the Court that prompt personal service cannot be effected, the Court may make an order for substituted or other service, or for the substitution for service of notice by letter, advertisement or otherwise. 8. When a party, who has sued or appeared in person, has by a solicitor given notice in writing to the opposite party that such solicitor is authorised to act in the case or matter on his behalf, any document which has thereafter to be delivered to or served upon such first mentioned party may be delivered to or served upon such solicitor, except where personal service is required. 9. When in any civil or commercial matter pending before a court or tribunal of a foreign country a letter of request from such court or tribunal for service on any person in Ireland of any process or citation in such matter is transmitted to the Master by the Minister for Foreign Affairs, with an intimation that it is desirable that effect should be given to the same, the following procedure shall be adopted:— (2) Service of the process or citation shall be effected in accordance with the practice and procedure of the Court, by the solicitor for the person suing out the process or citation, or, in the event of there being no such solicitor, by the Chief State Solicitor. (3) Such service shall be effected by delivering to and leaving with the person to be served one copy of the process to be served, and one copy of the translation thereof, in accordance with the rules and practice of the Court. (4) After service has been effected the process server shall return to the Master one copy of the process, together with the evidence of service by affidavit of the person effecting the service verified by notarial certificate and particulars of charges for the cost of effecting such service. (5) Particulars of charges for the cost of effecting service shall be submitted by the solicitor aforesaid to the Taxing Master who shall certify the correctness of the charges, or such other amount as shall be properly payable for the cost of effecting service. A copy of such charges and certificate shall be forwarded to the Minister for Finance by the Master. (6) The Master shall transmit to the Minister for Foreign Affairs the letter of request for service received from the foreign country, together with the evidence of service, and a copy of the charges and the Taxing Master's certificate, duly certified for use out of the jurisdiction. Such certificate shall be in the Form No. 3 in Appendix D, Part III. (7) Upon the application of the Chief State Solicitor with the consent of the Minister for Finance, the Court may make all such orders for substituted service or otherwise as may be necessary to give effect to this rule. ORDER 122. TIME. 1. Where by these Rules, or by any order, time for doing any act or taking any proceeding is limited by months, such time shall be computed by calendar months, unless otherwise expressed. 2. Where any limited time less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceeding, Saturday, Sunday, Christmas Day and Good Friday shall not be reckoned in the computation of such limited time. 3. Where the time for doing any act or taking any proceeding expires on a Saturday, Sunday, or other day on which the offices are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the offices shall next be open. 4. Unless directed by the Court or on consent a pleading shall not be delivered or amended during the Long vacation. 5. The time of the Long vacation shall not be reckoned in the computation of the times appointed or allowed by these Rules for amending, or delivering any pleading, unless otherwise directed by the Court. 6. The day on which an order for security for costs is served and the time thenceforward until and including the day on which such security is given, shall not be reckoned in the computation of time allowed to plead, answer interrogatories, or take any other proceeding in the cause or matter. 7. The Court shall have power to enlarge or abridge the time appointed by these Rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the Court may direct, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed. 8. The time for delivering, amending, or filing any pleading, answer, or other document may be enlarged by consent in writing, without application to the Court. 9. Service of summonses, pleadings, notices, orders, and other proceedings, shall be effected before the hour of five o'clock in the afternoon, except on Saturdays, when it shall be effected before the hour of one o'clock in the afternoon. Service effected after five o'clock in the afternoon on any weekday except Saturday shall, for the purpose of computing any period of time subsequent to such service, be deemed to have been effected on the following day. Service effected after one o'clock in the afternoon on Saturday shall for the like purpose be deemed to have been effected on the following Monday. 10. In any case in which any particular number of days, not expressed to be clear days, is prescribed by these Rules, the same shall be reckoned exclusively of the first day and inclusively of the last day. 11. In any cause or matter in which there has been no proceeding for one year from the last proceeding had, the party who desires to proceed shall give a month's notice to the other party of his intention to proceed. In any cause or matter in which there has been no proceeding for two years from the last proceeding had, the defendant may apply to the Court to dismiss the same for want of prosecution, and on the hearing of such application the Court may order the cause or matter to be dismissed accordingly or may make such order and on such terms as to the Court may seem just. A motion or summons on which no order has been made shall not, but notice of trial although countermanded shall, be deemed a proceeding within this rule. ORDER 123. SHORTHAND REPORTING. 1. At the trial or hearing of any cause or matter with oral evidence, any party may apply to the Judge for an order that the proceedings be reported by a shorthand writer and thereupon the Judge shall appoint a shorthand writer who shall take a note of— ) the oral evidence; ) in case of an action tried by a Judge and jury, the Judge's charge and directions to the jury, and the submissions and requisitions made to the Judge and his rulings thereon; ) in any case tried by a Judge without a jury, the Judge's judgment (unless it be a written judgment). 2. At the hearing of any inquiry as to damages or other proceedings by the Master with oral evidence, any party may apply to the Master for an order that the proceedings be reported by a shorthand writer and thereupon the Master shall appoint a shorthand writer who shall take a shorthand note of the oral evidence and the Master's judgment (unless it be written judgment), and Order 36, rule 44 shall not apply in such case. 3. The party applying for an order under rule 1 or rule 2 shall pay the remuneration of the shorthand writer and said payment shall be borne by said party unless the Judge or the Master (as the case may be) shall after the trial or hearing certify that in his opinion it was expedient that the proceedings or any part thereof should have been so reported. If such certificate is given the remuneration of the shorthand writer for reporting the proceedings or part thereof to which the certificate relates shall be part of the costs in the cause. 4. The Judge shall have power, during the course or at the conclusion of the trial or hearing, to direct that copies of the shorthand writer's transcript of the evidence or any part thereof be furnished to him at the public expense or be furnished to any party applying therefor at the expense of that party. 5. The original shorthand note shall in all cases be lodged in the proper office. 6. ( ) In case of an appeal, only such part of the shorthand note as the parties agree to be relevant shall be transcribed and be included in the books of appeal to be lodged by the appellant pursuant to Order 58, rule 12. Any party may, however, cause any additional part of the shorthand note to be transcribed and included with the books of appeal, but shall not be allowed the expenses of such transcript or of making copies thereof as part of any costs awarded to him unless the Supreme Court shall immediately after the appeal certify that in its opinion it was expedient or desirable that the transcript of such additional part of the shorthand note should have been lodged with the books of appeal. ) The Supreme Court shall have power, on the application of any party or without any such application, before or during the hearing of an appeal, to direct that any part of a shorthand note which has not been included in the books of appeal be transcribed and included therewith. ) The original transcript shall be lodged in the Office of the Registrar of the Supreme Court. ORDER 124. EFFECT OF NON-COMPLIANCE. 1. Non-compliance with these Rules shall not render any proceedings void unless the Court shall so direct, but such proceedings may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and upon such terms as the Court shall think fit. 2. No application to set aside any proceeding for irregularity shall be allowed unless made within a reasonable time, nor if the party applying has taken any fresh step after knowledge of the irregularity. 3. Where an application is made to set aside proceedings for irregularity, the several objections intended to be insisted upon shall be stated in the notice of motion. ORDER 125. INTERPRETATION AND FORMS. 1. In these Rules, unless there is anything in the subject or context repugnant thereto, the several words and expressions hereinafter mentioned shall have or include the meanings following: "the Accountant" means the Accountant attached to the High Court or a deputy appointed by the Minister for Justice: "action" means a civil proceeding commenced by originating summons or in such other manner as may be authorised by these Rules, but does not include a criminal proceeding at the suit of the Attorney General; Courts (Establishment and Constitution) Act, 1961 "admiralty action" has the meaning given thereto by Order 64, rule 1; "affidavit" in the case of a person allowed by law to declare instead of swearing, includes a declaration, "attested copy" means a copy attested by the Superintendent of Typists, or such officer or officers as may be designated by the President of the High Court; "authorised securities" means any investment in which money under the control or subject to the order of any court may be invested pursuant to the provisions of the Trustees (Authorised Investments) Act, 1958, section 3; "the Bank" means either, as the context requires, the Governor and Company of the Bank of Ireland or the bank of such Governor and Company; "cause" includes any action, suit or other original proceeding between a plaintiff and defendant and any criminal proceeding; "Central Office" means the Central Office established by the Courts (Supplemental Provisions) Act, 1961 "the Constitution" means the Constitution of Ireland enacted by the people on the 1st day of July, 1937; "the Court" means either, as the context requires, the High Court or a Judge or Judges thereof, and includes the Master the Examiner and the Probate Officer where they respectively have jurisdiction; "defendant" includes every person served with an originating summons, or served with notice of, or entitled to attend, any proceedings; "land" includes messuages, tenements, hereditaments, houses and buildings of any tenure; "the Master" means the Master of the High Court; "matter" shall include every proceeding in the Court not in a cause; "oath," in the case of a person allowed by law to affirm instead of swearing, includes an affirmation; "party" includes every person served with notice of or attending any proceedings, although not named on the record; "person" includes a body corporate (whether aggregate or sole) and an unincorporated body of persons; "petitioner" includes any person making an application to the Court, either by petition or motion, otherwise than as against a defendant; "plaintiff" includes any person seeking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of civil proceeding; "pleading" includes an originating summons, statement of claim, defence, counter-claim, reply, petition or answer; "probate action" means any proceeding commenced by originating summons and seeking the grant or recall of probate, or letters of administration, or similar relief; "sheriff" includes County Registrar when exercising the powers and functions of sheriff; "suit" includes action; "Superior Courts" means the Supreme Court, the High Court, the Court of Criminal Appeal and the Central Criminal Court; "trust corporation" has the meaning given thereto by subsection 4 of section 30 of the Succession Act, 1965 words importing the singular shall be construed as importing the plural and vice versa; words importing the masculine gender shall be construed as importing the feminine gender. 2. The several Appendices hereto shall be deemed to form part of these Rules. 3. The respective forms in the said Appendices shall, where applicable or appropriate, be used with such variations or modifications as circumstances may require. Where such forms are applicable or appropriate, any costs occasioned by the use of any other or more prolix forms shall be borne by, or disallowed to, the party using the same, unless the Court shall otherwise direct. ORDER 126. GENERAL. 1. The revocation of the Orders and Rules mentioned in Appendix Z shall not operate to revive any former rule of Court. 2. Where no other provision is made by the Act s or these Rules, the present procedure and practice shall remain in force. 3. During the period of any vacancy in the office of Chief Justice these Rules shall operate as if, wherever the words "Chief Justice" are used, the words "President of the High Court" were used; and during the period of any vacancy in the office of President of the High Court, as if, wherever the words "President of the High Court" are used, the words "Chief Justice" were used. 4. Any entry in any cause book or other books of record required to be made by these Rules shall be deemed to be made in accordance with such Rules if made in any computer or other form of record approved from time to time by the President of the High Court. 5. Any court file or record may be kept in such form as may be approved from time to time by the President of the High Court. APPENDIX A. PART I. ORIGINATING SUMMONS. No. 1. O. 1, r. 2 PLENARY SUMMONS. THE HIGH COURT. 19 BetweenA. B., and C.D., To the defendant in the County of This plenary summons is to require that within eight days after the service thereof upon you (exclusive of the day of such service) you in person or by solicitor do enter an appearance in the Central Office, Four Courts, Dublin, in the above action; and TAKE NOTICE that, in default of your so doing, the plaintiff may proceed therein, and judgment may be given in your absence. BY ORDER, Chief Justice of Ireland, day of thousand nine hundred and N.B.—This summons is to be served within twelve calendar months from the date hereof, and, if renewed within six calendar months from the date of the last renewal, including the day of such date, and not afterwards. The defendant may appear hereto by entering an appearance either personally or by solicitor at the Central Office, Four Courts, Dublin. GENERAL INDORSEMENT OF CLAIM. The plaintiff's claim is This summons was issued by the plaintiff who resides at (state address accurately) , and whose address for service is This summons was issued by , whose registered place of business is solicitor for the plaintiff, who resides at and is . This summons was served by me at on the defendant on day the day of 19 Indorsed the day of 19 No. 2. O. 1, r. 3 SUMMARY SUMMONS. THE HIGH COURT. 19 Between A. B., and C.D., To the defendant in the County of This summary summons is to require that within eight days after the service thereof upon you (exclusive of the day of such service) you in person or by solicitor do enter an appearance in the Central Office, Four Courts, Dublin, in the above action; and TAKE NOTICE that, if you do enter such appearance, due notice of the day and hour of the hearing of this summons will be delivered at the address for service named in the memorandum of appearance, but if you do not enter such appearance, the plaintiff may proceed in the said action, and judgment therein be given in your absence without further notice. BY ORDER, Chief Justice of Ireland, day of thousand nine hundred and N.B.—This summons is to be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of such date, and not afterwards. The defendant may appear hereto by entering an appearance either personally or by solicitor at the Central Office, Four Courts, Dublin. SPECIAL INDORSEMENT OF CLAIM. The plaintiff's claim is (When the plaintiff's claim is for a liquidated sum only, add indorsement for costs (if any) prescribed by Order 4, rule 5, as follows:— and £ for costs, and upon payment of £ for demand and £ for costs within six days after service further proceedings will be stayed. This summons was issued by the plaintiff, who resides at (state address accurately) , and whose address for service is service is This summons was issued by , whose registered place of business is , solicitor for the plaintiff, who resides at and is This summons was served by me at on the defendant on day the day of 19 Indorsed the day of 19 No. 3. O. 1, r. 4 SPECIAL SUMMONS. THE HIGH COURT. In the matter of 19 Between A. B., and C.D., or if not inter partes On the application of in the County of This special summons is to require you to attend before the Master at the Four Courts, Dublin, on the day of at o'clock in the forenoon at the hearing of this summons issued on the day of , and if you do not attend in person or by solicitor at the time and place aforesaid, such order will be made, and proceedings taken as the Court may think just and expedient; and TAKENOTICE that if you wish to attend and to be heard, you should first enter an appearance. BY ORDER, Chief Justice of Ireland, day of thousand nine hundred and N.B.—This summons is required to be served not less than four days before the return day mentioned therein (exclusive of the day of service). SPECIAL INDORSEMENT OF CLAIM. The plaintiff's claim is Schedule of affidavit or affidavits intended to be used by the plaintiff (or applicant) on the hearing of the summons. This summons was issued by the plaintiff (or applicant) who resides at (state address accurately) and is This summons was issued by , whose registered place of business is , solicitor for the plaintiff, who resides at and is . This summons was served by me at on the defendant on day the day of 19 Indorsed the day of 19 No. 4. O. 8, r. 1 MEMORANDUM OF RENEWAL OF SUMMONS. Heading as in Summons ). Seal renewed summons in this action indorsed as follows:— Copy original summons and the indorsements .) No. 5. O.5, r. 6 CERTIFICATE OF ASSIGNMENT OF SUMMONS. Heading as in Summons ). ., solicitor for the above-named, hereby certify that the summons ( or other proceeding ) annexed hereto relates to the same matters as the above-named cause or matter, [ the cause or matter entitled ( insert title )] assigned to ( heard by) the Hon. Mr. Justice or is so connected therewith as to be conveniently dealt with by the same Judge. No. 6. O. 27, r. 6 AFFIDAVIT VERIFYING INDORSEMENT UNDER Heading as in Summons ). I, of agent for the plaintiff [ or as the case may be ], make oath and say that I have read the special indorsement of claim on the summons in this action and that the same is true to the best of my knowledge, information and belief Sworn, &c. PART II. No. 1. O. 12, r. 9 MEMORANDUM OF APPEARANCE IN GENERAL. THE HIGH COURT. 19 Between A. B., and C.D., Enter an appearance for C.D., the defendant in this action. Dated solicitor for the defendant. The registered place of business of E.F. is [or C.D., the defendant in person. The place of residence of C.D. is His address for service is ]. To the Registrar of the Central Office. Take notice, that I have this day entered an appearance at the Central Office, Four Courts, Dublin, for to the originating summons in this action. [If statement of claim is required, add] The said requires delivery of a statement of claim No. 2. O. 12, r. 21 MEMORANDUM OF APPEARANCE LIMITING DEFENCE. Heading as in Summons ). Enter an appearance for in this action. The said limits his defence to part only of the property mentioned in the originating summons, namely, to the close, called The Big Field No. 3. O. 16, r. 4 MEMORANDUM OF APPEARANCE TO THIRD-PARTY NOTICE. Heading as in Summons ). Enter an appearance for to the third party notice issued in this action on the day of 19 No. 4. O. 15, r. 18 AFFIDAVIT FOR ENTRY OF APPEARANCE AS GUARDIAN. Heading as in Summons ). of [ place of abode and description of deponent make oath and say as follows:— ., of is a fit and proper person to act as guardian ad litem of the above-named infant defendant, and has no interest in the matters in question in this action [matter] adverse to that of the said infant, and the consent of the said to act as such guardian is hereto annexed. Sworn, &c. This affidavit is filed on behalf of, &c. To this affidavit shall be annexed the document signed by such guardian in testimony of his consent to act APPENDIX B. PART I. INDORSEMENT OF CHARACTER OF PARTIES. O. 4, r. 9 The plaintiff's claim is as executor [or administrator] of C.D., deceased, for, &c. The plaintiff's claim is against the defendant A.B., as executor [or, &c.] of C.D., deceased, for &c. The plaintiff's claim is against the defendant A.B., as executor of X.Y., deceased, for &c., and against the defendant C.D., in his personal capacity, for, &c. Assignee in bankruptcy. The plaintiff's claim is as assignee under the bankruptcy of A.B., for The plaintiff's claim is as [or the plaintiff's claim is against the defendant as] trustee under the will of A.B. [or under the settlement upon the marriage of A.B. and X.Y. his wife]. Heir and devisee The plaintiff's claim is against the defendant as heir-at-law of A.B., deceased. The plaintiff's claim is against the defendant C.D., as heir-at-law, and against the defendant E.F. as devisee of lands under the will of A.B. PART II. GENERAL INDORSEMENT OF CLAIM. O. 4, r. 2 Probate propounding will in solemn form. The plaintiff's claim is as executor of the last will, dated the dayof , of C.D., late of deceased, who died on the day of to have the said will established. This summons is issued against you as one of the next-of-kin of the said deceased [or as the case may be]. Revocation of probate The plaintiff's claim is as executor of the last will dated the day of , of C.D., late of , deceased, who died on the day of , to have the probate of a pretended will of the said deceased, dated the day of , revoked. This summons is issued against you as the executor of the said pretended will [or as the case may be]. Revocation of letters of administration. The plaintiff's claim is as executor of the last will dated the day of C.D., late of deceased, who died on the day of , to have the said will established and to have the grant of administration of the estate of the said deceased obtained by the defendant revoked. By a person claiming a grant of administration as next-of-kin of the deceased, but whose next-of-kin is disputed. The plaintiff's claim is as the lawful brother and sole next-of-kin of C.D. late of , deceased, who died on the day of , intestate, to have a grant of administration to the estate of the said intestate. This summons is issued against you because you have entered a caveat, and have alleged that you are the sole next-of-kin of the deceased [or as the case may be]. The plaintiff's claim is for damages for breach of contract to employ the plaintiff as [as the case may be]. The plaintiff's claim is for damages for wrongful dismissal from the defendant's employment as [and £ for arrears of wages]. The plaintiff's claim is for damages for the wrongful quitting of the plaintiff's employment as [as the case may be] by the defendant. The plaintiff's claim is for damages for breach of duty as agent [or, &c.] of the plaintiff [and £ for money received as agent, &c.]. The plaintiff's claim is for damages for breach of the terms of a deed of apprenticeship of X.Y. to the defendant [or plaintiff]. The plaintiff's claim is for damages for non-compliance with the award of X.Y. The plaintiff's claim is for damages for assault and false imprisonment [and for malicious prosecution]. The plaintiff's claim is for damages for negligence in the custody of goods (and for wrongfully detaining same]. The plaintiff's claim is for damages for negligence in the keeping of goods pawned [and for wrongfully detaining same]. The plaintiff's claim is for damages for negligence in the custody of lent on hire [and for wrongfully, &c.]. The plaintiff's claim is for damages for wrongfully neglecting [or refusing] to pay the plaintiff's cheque. The plaintiff's claim is for damages for breach of contract to accept the plaintiff's drafts. The plaintiff's claim is upon a bond conditioned not to carry on the trade of a Claim for return of goods and damages. The plaintiff's claim is for return of household furniture [or, &c.], or their value, and for damages for detaining the same. Damages for depriving of goods. The plaintiff's claim is for wrongfully depriving the plaintiff of goods, household furniture, &c. The plaintiff's claim is for damages for libel. The plaintiff's claim is for damages for slander. The plaintiff's claim is for replevin for goods wrongfully distrained. Wrongful distress. The plaintiff's claim is for damages for improperly distraining. [This form shall be sufficient whether the distress complained of be wrongful or excessive, or irregular, and whether the claim be for damages only, or for double value.] The plaintiff's claim is to recover possession of a house, No. in Street, situate in the parish of and city [or town] of [or a farm called Blackacre. situate in the barony of and county of To establish title and recover rents. The plaintiff's claim is to establish his title to [here describe property], and to recover the rents thereof. [The two previous forms may be combined.] The plaintiff's claim is for damages for infringement of the plaintiff's right of fishing. The plaintiff's claim is for damages for fraudulent misrepresentation of the credit of X.Y. The plaintiff's claim is for damages for breach of a contract of guarantee for X.Y. The plaintiff's claim is for a loss under a policy upon the ship "Irish Charter," and freight or cargo [or for return of premiums]. [This form shall be sufficient whether the loss claimed be total or partial.] Fire insurance. The plaintiff's claim is for a loss under a policy of fire insurance upon house and furniture. The plaintiff's claim is for damages for breach of a contract to insure a house. Landlord and tenant. The plaintiff's claim is for damages for breach of contract to keep a house in repair. The plaintiff's claim is for damages for breaches of covenants contained in a lease of a farm. The plaintiff's claim is for damages for injury to the plaintiff from the defendant's negligence as a [doctor, solicitor or as the case may be]. The plaintiff's claim is for damages for injury to the plaintiff by the negligence of the defendant, his servants or agents. The plaintiff's claim is for damages for injury to the plaintiff at the defendant's premises, from the defective condition thereof. Fatal Injuries. The plaintiff's claim is as executor of X.Y., deceased, for damages for the death of the said X.Y., from injuries received due to the negligence of the defendant, his servants or agents. The plaintiff's claim is for damages for the seduction of the plaintiff's daughter. Sale of goods. The plaintiff's claim is for damages for breach of contract to accept and pay for goods. The plaintiff's claim is for damages for non-delivery [or short delivery, or defective quality, or other breach of contract of sale] of The plaintiff's claim is for damages for breach of warranty of a horse. Sale of land. The plaintiff's claim is for damages for breach of a contract to sell [or purchase] land. The plaintiff's claim is for damages for breach of a contract to let [or take] a house. The plaintiff's claim is for damages for breach of a contract to sell [or purchase] the lease, with goodwill, fixtures, and stock-in-trade of a public-house. The plaintiff's claim is for damages for breach of a covenant for title [or for quiet enjoyment, or, &c.] in a conveyance of land. The plaintiff's claim is for damages for wrongfully taking away the support of plaintiff's land [or house or mine]. The plaintiff's claim is for damages or wrongfully obstructing a way [public highway or a private way]. Watercourse, &c. The plaintiff's claim is for damages for wrongfully diverting [or obstructing or polluting, or diverting water from] a watercourse. The plaintiff's claim is for damages for wrongfully discharging water upon the plaintiff's land [or into the plaintiff's mine]. The plaintiff's claim is for damages for obstructing the access of light to the plaintiff's house. The plaintiff's claim is for damages for the infringement of the plaintiff's patent. Trade mark. The plaintiff's claim is for damages for wrongfully using [or imitating] the plaintiff's trade mark. The plaintiff's claim is for damages for breach of a contract to build a ship [or to repair a house, &c.] The plaintiff's claim is for damages for breach of a contract to employ the plaintiff to build a ship, &c. The plaintiff's claim is for damages to his house, trees, crops, &c., caused by noxious vapours from the defendant's factory [or, &c.]. The plaintiff's claim is for damages from nuisance by noise from the defendant's works [or stables] [or, &c.]. The plaintiff's claim is to have an account taken of the partnership dealings between the plaintiff and defendant [under articles of partnership dated the day of ] and to have the affairs of the partnership wound up. Specific performance. The plaintiff's claim is for specific performance of an agreement dated the day of , for the sale by the plaintiff to the defendant of certain [freehold] hereditaments at (When appropriate add to indorsement): And for a mandamus commanding the defendant to or And for an injunction to restrain the defendant from Mesne profits. or And for mesne profits. Arrears of rent. or And for £ rent or arrears of rent. Breach of covenant. or And for breach of covenant for [repairs]. PART III. SPECIAL INDORSEMENT OF CLAIM 1. SUMMARY SUMMONS. No. 1. O. 4, r. 4 The plaintiff's claims is for the price of goods sold and delivered by the paintiff to the defendant at the defendant's request. 1960—1st January to 31st March— For goods supplied between these dates full particulars whereof having been furnished in writing to the defendant (or if not here set out particulars) ... ... ... ... ... 1960—1st February—Credit ... ... ... ... ... Balance due ... ... ... ... ... No. 2 The plaintiff's claim is against the defendant, as maker of a promissory note for £ , dated 1st January, 1960, payable four months after date. Principal ... ... ... ... ... ... Interest ... ... ... ... ... ... Amount due ... ... ... ... ... No. 3 The plaintiff's claim is against the defendant as drawer of a bill of exchange for £ , dated 1st March, 1960, drawn upon . payable to plaintiff three months after date, which was duly presented for payment and dishonoured, No. 4. The plaintiff's claim is for possession of the lands of situate in the of and county of , lately held by the defendant as tenant to the plaintiff under lease [ contract of tenancy] dated for the term of [ from year to year or as the case may be ] which said lease [ tenancy] duly determined on the day of , last by reason of the expiration of the said term [ notice to quit duly served on the day of ]. No. 5. The plaintiff's claim is for possession of the lands of situate in the of and county of held by the defendant as tenant to the plaintiff under lease [ contract of tenancy] dated at the yearly rent of £ on the ground that the sum of £ being one full year and upwards of such rent due and ending 29th September, 1960, is due to the plaintiff. Add where appropriate: There is no person in occupation as tenant otherwise than as immediate tenant to the plaintiff of the said lands or any part thereof, or as the case may be 1959, September 29. Balance of one year's rent ... ... 1960, September 29. One year's rent ... ... ... 2. SPECIAL SUMMONS. No. 1. The plaintiff's claim is as one of the next-of-kin of the above named ., deceased, who died on [ ] intestate for an order for the administration of the estate of the said deceased with all necessary and proper accounts, inquiries and directions. (Indorsement of character in which defendant is sued .) No. 2. The plaintiff's claim is as the executor and trustee of the said will mentioned in the title hereof of X. Y ., deceased, for the determination of the following questions arising (in the administration of the estate, and) upon the construction of the said will of the said testator, and in the events that have happened, viz.:— ( Set out questions in form which will enable them as far as possible to be answered "yes" or "no" ) and that the cost of the proceedings may be provided for. The defendant is sued as [ state nature of his interest, or capacity in which he is sued No. 3. Claim by a mortgagee. The plaintiff's claim is for:— 1. a declaration that under and by virtue of an indenture of mortgage dated and made between ( , the deposit by the defendant with the plaintiff on [ ] of the title deeds and documents relating to the lands and premises described in the appendix hereto by way of equitable mortgage) for securing repayment of [ give short particulars ] the sum of £ for principal, together with the sum of £ for interest up to [ ], making in the aggregate the sum of £ , together with further interest on the said principal sum until payment, stand well charged on the lands and premises described in the appendix hereto; 2. if necessary, that an account may be taken of the moneys due to the plaintiff on foot of the said mortgage; 3.

that, in default of payment of the said moneys, payment thereof may be enforced by a sale of the said lands and premises, or by the appointment of a receiver, or by both; 4. further and other relief; 5. costs. PART IV. STATEMENT OF CLAIM No. 1. O. 19, r. 4 Heading of Statement of Claim. THE HIGH COURT 19 Between A.B., and C.D., Statement of claim Delivered on the day of , 19 ,by ., of ( registered place of business ), solicitor for the plaintiff [ or as the case may be PART V. DEFENCE. No. 1. O. 19, r. 4 Heading of defence. THE HIGH COURT. 19 Between A.B., and C.D., Delivered on the day of , 19 , by G.H . of ( registered place of business ), solicitor for the defendant. PART VI. REPLY. No. 1. O. 19, r. 4 Heading of reply. THE HIGH COURT. 19 Between A.B., and C.D., Delivered on the day of 19 , by E.F ., of ( registered place of business ), solicitor for the plaintiff. 1. The plaintiff joins issue with the defendant on his defence save and in so far as the same contains admissions. 2. [ as may be necessary APPENDIX C. NOTICES, AFFIDAVITS, &c No. 1. O. 16, r. 2 (1) THIRD-PARTY NOTICE CLAIMING INDEMNITY OR CONTRIBUTION OR OTHER RELIEF OR REMEDY. THE HIGH COURT. 19 Between A.B., and C.D., and E.F. THIRD-PARTY NOTICE. Issued pursuant to the order of dated the day of , 19 To E.F., of in the of Take notice that this action has been brought by the plaintiff against the defendant. In it the plaintiff claims against the defendant [ here state concisely the nature of the plaintiff's claim ] as appears by the indorsement on the summons [ or statement of claim ] a copy whereof is delivered herewith. The defendant claims against you to be indemnified against the plaintiff's claim and the costs of this action+or contribution to the extent of [ one half ] of the plaintiff's claim the following relief or remedy namely on the grounds that [ state concisely the grounds of the claim against the third-party And take notice that if you wish to dispute the plaintiff's claim against the defendant, or the defendant's claim against you, you are required to enter an appearance within eight days after the service of this notice upon you. And take notice that the Court has given the following directions under the said order dated the [ and here set out the directions If you wish to apply to the Court to vary any of the said directions, you may do so after entering an appearance and before the expiration of the time limited for delivery of your defence under Order 16. In default of you entering such appearance, you will be deemed to admit the plaintiff's claim against the defendant and the defendant's claim against you and your liability to [ indemnify the defendant or to contribute to the extent claimed or to stating the relief or remedy sought ] and the validity of any judgment that may be given in the action and you will be bound by such judgment and such judgment may be enforced against you pursuant to Order 16 of the Rules of the Superior Courts. Solicitor for the defendant. Appearance is to be entered at the Central Office, Four Courts, Dublin. No. 2. O. 16, r. 2 (1) THIRD-PARTY NOTICE WHEN QUESTION OR ISSUE TO BE DETERMINED. Title, &c., as in Form No.1 down to, * and proceed; The defendant claims that the following question or issue, viz.: here state concisely the question or issue to be determined ]should be determined not only as between the plaintiff and the defendant but as between the plaintiff and the defendant and yourself. And take notice that if you wish to be heard on the said question or issue or to dispute the defendant's liability to the plaintiff or your liability to the defendant you are required to enter an appearance within eight days after service of this notice. And take notice that the Court has given the following directions under the said order dated the [ and here set out the directions If you wish to apply to the Court to vary any of the said directions, you may do so after entering an appearance and before the expiration of the time limited for delivery of your defence under Order 16. In default of your entering such appearance you will be deemed to admit the validity of and will be bound by any decision or judgment arrived at orgiven in this action on the said question or issue and to admit any consequent liability of yourself and judgment may be given against you and enforced pursuant to Order 16 of the Rules of the Superior Courts. Appearance is to be entered [&c., as in Form No . 1]. No. 3. O. 21, r. 11 NOTICE OF COUNTER-CLAIM. [Title of action]. To the within-named Take notice that if you do not appear to the within counter-claim of the within-named within ten days from the service of this defence and counter-claim upon you, you will be liable to have judgment given against you in your absence. Appearance is to be entered [&c., as in Form No. 1]. No 4. O. 22, r. 1 (6) NOTICE OF PAYMENT INTO COURT. [Title of action]. Take notice that the defendant has paid into Court £ , and says that that sum is enough to satisfy the plaintiff's claim [ or the plaintiffs claim for , &c.,] and liability is admitted ( denied) in respect of the said claim. To [ the plaintiff or his solicitor No. 5. O. 22, r. 1 (6) NOTICE OF ADDITIONAL PAYMENT INTO COURT [Title of Action]. Take notice that the defendant has paid into Court £ (in addition to the sum of £ paid into Court, making in all £ ) and says that that total sum is enough to satisfy the plaintiff's claim [ or the plaintiffs claim for , &c.)) and liability is admitted ( denied) in respect of the said claim. To ( the plaintiff or his solicitor ). No. 6. O. 22, r. 4 (1) ACCEPTANCE OF SUM PAID INTO COURT. [Title of action]. Take notice that the plaintiff accepts the sum of £ paid by you into Court in satisfaction of the claim in respect of which it is paid in. To [ the defendant or his solicitor No. 7. O. 24, r. 3 CONFESSION OF DEFENCE. [Title of action]. The plaintiff confesses the defence stated in paragraph of the defendant's defence [ , of the defendant's further defence]. To [ the defendant or his solicitor No. 8. O. 31, r. 4. [Title of action]. Interrogatories on behalf of the ( plaintiff or defendant ) for the examination of the [ defendant or plaintiff 1. Did not, &c.,? 2. Has not, &c.,? &c., &c., No. 9. O. 31, r. 9 ANSWER TO INTERROGATORIES. [Title of action]. The answer of the to the interrogatories for his examination by the In answer to the said interrogatories, I, the above-named . make oath and say as follows:— No. 10. O. 31, r. 13 AFFIDAVIT AS TO DOCUMENTS. [Title of action]. I make oath and say as follows:— 1. I have in my possession or power the documents relating to the matters in question in this suit set forth in the first and second parts of the first schedule hereto. 2. I object to produce the said documents set forth in the second part of the said first schedule hereto. 3. That [ 4. I have had, but have not now, in my possession or power the documents relating to the matters in question in this suit set forth in the second schedule hereto. 5. The last mentioned documents were last in my possession or power on [ state when 6. That [ here state what has become of the last-mentioned documents, and in whose possession they now are 7. According to the best of my knowledge, information, and belief, I have not now, and never had in my possession, custody or power, or in the possession, custody or power of my solicitors or agents, solicitor or agent, or in the possession, custody or power of any other persons, or person on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract from any such document, or any other document whatsoever, relating to the matters in question in this suit, or any of them, or wherein any entry has been made relative to such matters, or any of them, other than and except the documents set forth in the said first and second schedules hereto. Sworn, &c. Documents of the same or a similar nature, when numerous, should so far as possible, be grouped together and numbered or otherwise sufficiently marked so as to be identifiable. No. 11. O. 31, r. 16 NOTICE TO PRODUCE DOCUMENTS. [Title of action]. Take notice that the [ plaintiff or defendant ] requires you to produce for his inspection the following documents referred to in your [ statement of claim, or defence, or affidavit, or list dated the day of Describe documents required. No. 12. O. 31, r. 17 NOTICE TO INSPECT DOCUMENTS. [Title of action]. Take notice that you can inspect the documents mentioned in your notice of the day of [ except the deed numbered in that noticeat [insert place of inspection ] on next, the inst., between the hours of 12 and 4 o'clock. , that the [ plaintiff or defendant ] objects to giving you inspection of the documents mentioned in your notice of the day of on the ground that [ state ground Dated No. 13. O. 32, r. 3 NOTICE TO ADMIT DOCUMENTS. [Title of action]. Take notice that the plaintiff [ or defendant ] in this action proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the defendant [ plaintiff] his solicitor or agent at on , between the hours of and the defendant [ plaintiff] is hereby required, within forty-eight hours from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed, or executed as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent or delivered, were so served, sent, or delivered respectively; saving all just exceptions to the admissibility of all such documents as evidence in this action. Here describe the documents, the manner of doing which may be as follows DESCRIPTION OF DOCUMENTS. DESCRIPTION OF DOCUMENTS Original or duplicate served, sent, or delivered when, how and by whom No. 14. O. 32, r. 5 [Title of action]. Take notice that the plaintiff [ defendant] in this action requires the defendant [ No. 15. O. 32, r. 5 [Title of action]. The defendant [ Provided that this admission is made for the purposes of this action only and is not an admission to be used against the defendant [ plaintiff] on any other occasion, or by any one other than the plaintiff [ defendant or party requiring the admission Qualifications or limitations, if any, subject to which they are admitted. No. 16. O. 32, r. 8 NOTICE TO PRODUCE [GENERAL FORM]. [Title of action]. Take notice that you are hereby required to produce and show to the Court on the trial of this all books, papers, letters, copies of letters, and other writings and documents in your custody, possession, or power, containing any entry, memorandum, or minute, relating to the matters in question, in this , and particularly No. 17. O. 35, r. 1 [Title of action]. affirms and denies [ here state the question or questions of fact to he tried ], and it has neen ordered by the Hon. Mr. Justice that the said question shall be tried [ here state mode of trial, whether with or without a jury ], therefore let the same be tried accordingly. No. 18. O. 36, r. 15 NOTICE OF TRIAL (ORDINARY FORM). [Title of action]. Take notice of trial of this [ of the issues in this ordered to be tried] [ or as the case may be ] for the day ofat No. 19. O. 36, r. 15 NOTICE OF TRIAL UNDER ORDER 36, RULE 6. [Title of action]. Take notice of trial of this action [ of the issues in this ordered to be tried, or as the case may be ] without a jury for the day of at And take further notice that in the event of your not signifying your desire by notice in writing to have the same tried with a jury within four days from the service of this notice of trial [ or, in case of short notice of trial, two days] the action [ or as the case may be ] will be tried by a judge without a jury. No. 20. O. 26, r. 1 NOTICE OF DISCONTINUANCE. [Title of action]. Take notice that the plaintiff hereby wholly discontinues this action [ withdraws so much of his claim in this action as relates to ] [ If only against some defendants add as against the defendant ]. No. 21. O. 40, r. 31 NOTICE OF CROSS-EXAMINATION OF DEPONENTS AT TRIAL. [Title of action]. Take notice that the intends at the trial of this action to cross-examine the several deponents named and described in the schedule hereto on their affidavits therein specified. And also take notice that you are hereby required to produce the said deponents for such cross-examination before the Court aforesaid. THE SCHEDULE ABOVE REFERRED TO. Name of deponent Addresses and descriptions Date when affidavits filed No. 22. O. 12, r. 27 AFFIDAVIT OF SCRIPTS. [Title of action]. of [ place of abode and description ] the plaintiff [or of ( place of abode and description ), the defendant] in this action, make oath and say as follows:— 1. No paper or parchment writing at any time made or written by or under the direction of late of [ place of abode and description ] deceased, the deceased in this cause, being or purporting to be a will, codicil, draft or copy of a will or codicil, or of any part of a will or codicil, or written instructions for a will or codicil, or for any part of a will or codicil, or having the form or effect of a will or codicil, or of part of a will, codicil, or other testamentary disposition of the said , has at any time, either before or since his death, come to the hands, possession, or knowledge, or under the control of me, this deponent, save and except the true and original last will [and one codicil or codicils, draft copies, or as the case may be ] of said deceased hereunto annexed, the said will, bearing date the day of , 19 [and the said codicil (or as the case may be ) bearing date, &c.], and also save and except [ here add the dates and particulars of any other testamentary papers of which the deponent has any knowledge, information or belief; and state the person or persons in whose possession same are, and the address of such person or persons ), and also save and except the next hereinafter mentioned papers ( here describe the papers, with dates , &c.], which I verily believe are in the possession or under the control of of and I say that I have not, nor has any person for me, or by my consent or desire, or at all to my knowledge or belief, cancelled, suppressed, or destroyed, or caused to be cancelled, suppressed, or destroyed, any paper or parchment writing, being or purporting to be a will, codicil, or pan of a will or codicil, draft or copy of a will or codicil, or of any part of a will or codicil, or written instruction for a will or codicil, or for any part thereof, or having the form or effect of a will or codicil, or other testamentary disposition, or any part of a will or codicil or other testamentary disposition of the said deceased. Sworn, &c. This affidavit is filed on behalf of No. 23. O. 57, r. 2 (2) AFFIDAVIT ON INTERPLEADER. [Title of action]. of [ place of abode and description ], the defendant in the above action make oath and say as follows:— 1. The summons herein was issued on the day of 19 , and was served on me on the day of ,19 . 2. The action is brought to recover The said is [ are] in my possession, but I claim no interest therein. 3. The right to the said subject matter of this action has been and is claimed [ if in writing, exhibit ] by one who [ state suit or expectation thereof ]. 4. I do not in any manner collude with the said or with abovenamed plaintiff, but I am ready to bring into court or to pay or dispose of the said in such manner as the Court may order or direct. Sworn, &c. No. 24. O. 57, r. 15 NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION. Take notice that . has claimed the goods ( certain goods) [ where only certain goods are claimed here enumerate them ] taken in execution by the sheriff (County Registrar) of under the execution order issued in this action. You are hereby required to admit or dispute the title of the said . to the said goods and give notice thereof in writing to the said sheriff (County Registrar) within four days from the receipt of this notice, failing which the said sheriff (County Registrar) may interplead. If you admit the title of the said . to the said goods and give notice thereof in manner aforesaid to the said sheriff (County Registrar) you will only be liable to such sheriff (County Registrar) for any fees and expenses incurred prior to the receipt of the notice admitting the claim. To the plaintiff Sheriff (County Registrar) of No. 25. O. 57, r. 15 NOTICE OF ADMISSION OF DISPUTE OF TITLE OF CLAIMANT. Take notice that I admit [ dispute] the title of . to the goods [ to certain of the goods] namely , seized by you under the execution issued under the judgment in this action. To the sheriff (County Registrar) of and his officers. No. 26. O. 34, r. 5 ENTRY OF SPECIAL CASE. [Title of action]. Enter the special case dated the day of 19 , in this and set the same down for argument. No. 27. O. 46, r. 6 AFFIDAVIT AS TO STOCK. THE HIGH COURT. In the matter of ( state the date and nature of the relevant settlement will or other document and other particulars necessary to identify the same ). And in the matter of the Chancery (Ireland) Act, 1867. I, of , make oath and say as follows: 1. I am ( or where the affidavit is made by the solicitor A.B., of is), according to the best of my knowledge, information and belief, beneficially interested in the property comprised in ( settled by) the above-mentioned, settlement ( or as the case may be ). 2. To the best of my knowledge, information and belief, the said property in which I am ( the said . is) beneficially interested as aforesaid consists of ( includes) the following:— set out particulars Sworn, &c. This affidavit is filed on behalf of . Notices for him are to be sent to ( address for service ). No 28. 0. 46, r. 6 NOTICE AS TO STOCK. Title as in Form No. To Company. Take notice that the following stock ( or as the case may be ), namely ( set out particulars ) is comprised in ( settled by) and is now subject to the trusts of the above- mentioned settlement ( or as the case may be ); and accordingly, this notice is to stop the transfer of the said stock ( the transfer of the said stock ( (Signed) A.B. (or X. Y., solicitor for A.B.) No. 29. O. 68, r. 6 NOTICE OF THE DECISION OR CLAIM OF THE REVENUE COMMISSIONERS. In the matter of ., deceased The Revenue Commissioners hereby give you notice, in pursuance of Order 68, rule 6 of the Rules of the Superior Courts, that [set out shortly the decision or claim in question If you desire to appeal against the foregoing decision or claim in pursuance of the Finance Act, 1894, section 10, you should deliver or leave a written statement of the grounds of your appeal at the office of the Revenue Solicitor at Dublin Castle within one month from the receipt of this notice. No. 30. Title of action Take notice that the defendant, intends to contest as respondent, in pursuance of the Civil Liability Act, 1961 , section 32 (3), the appeal brought by the defendant ., against the judgment in this action. APPENDIX D PART I. EVIDENCE. No. 1. O. 39, r. 25 PRAECIPE FOR SUBPOENA. Heading as in Form No. Seal a subpoena directed to on behalf of 19 Solicitor for No. 2. O. 39, r. 26 SUBPOENA AD TESTIFICANDUM. THE HIGH COURT. 19 To greeting; You are hereby commanded to attend before at on the day of , 19 at the hour of in the noon, and so on from day to day until the above cause is tried, to give evidence on behalf of the BY ORDER, &c. No. 3. O. 39, r. 26 SUBPOENA DUCES TECUM. Heading as in Form No. To greeting. You are hereby commanded to attend before at on the day of , 19 at the hour of in the noon, and so on from day to day until the above cause is tried, to give evidence on behalf of the and also to bring with you and produce at the time and place aforesaid BY ORDER, &c. No. 4. O. 39, r. 26 SUBPOENA TO A WITNESS TO BE EXAMINED TOUCHING A TESTAMENTARY PAPER. THE HIGH COURT. In the estate of , deceased. To greeting. You are hereby commanded to appear before at on the day of , 19 , at the hour of in the noon, and so on from day to day until you be dismissed by the High Court, to testify the truth according to your knowledge (or to answer to certain interrogatories to be administered to you touching a certain paperwriting or script being, or purporting to be, testamentary to wit [here describe the script and give its date as accurately as possible]) of which said paper writing or script reasonable grounds have been furnished to the High Court for believing that you have knowledge. And this you shall in nowise omit under the penalty of 100. BY ORDER, &c. No. 5. O. 39, r. 26 SUBPOENA TO BRING INTO PROBATE OFFICE A TESTAMENTARY PAPER. Heading as in Form No. To greeting. Whereas it appears by a certain affidavit filed in the Probate Office, sworn the day of 19 , and made by of , that a certain original paper writing or script being, or purporting to be, testamentary, to wit [ describe the document ], bearing date the day of , 19 , is now in your possession or under your control. Now you are hereby commanded within eight days after service hereof on you, inclusive of the day of such service, to bring into and leave in the Probate Office the said paper writing or script, or, in case the same be not in your possession or under your control, within such eight days to file in the Probate Office an affidavit to that effect and therein to set forth what knowledge you have of and respecting the said script. BY ORDER, &c. PART II. EVIDENCE TAKEN ABROAD. No. 1. O. 39, r. 5 (1) ORDER FOR ISSUE OF REQUEST FOR EXAMINATION. [Title of action]. It is ordered that a letter of request do issue directed to the proper tribunal for the examination of the following witnesses, that is to say: ., of . of ., of And it is ordered that the depositions taken pursuant thereto when received be filed at the Central Office and be given in evidence on the trial of this action saving all just exceptions. No. 2. 0. 39, r. 5 (2) ( UNDERTAKING IN CONNECTION WITH LETTER OF REQUEST. [Title of action]. I (or we) hereby undertake to be responsible for all expenses incurred by the Minister for External Affairs in respect of the letter of request issued herein on the and in receiving due notification of the amount of such expenses, undertake to pay the same as directed by the Master of the High Court. The following have been appointed as agents for the parties in connection with the execution of the above letter of request:— Plaintiff's agent:— Defendant's agent:— Solicitors for No. 3. O. 39, r. 5 REQUEST FOR EXAMINATION. To the competent judicial authority of in the of Whereas a civil action is now pending in the High Court in Ireland, in which is plaintiff and is defendant. And in the said action the plaintiff claims [ indorsement on summons And whereas it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say: Name and addresses] And it appearing that such witnesses are resident within your jurisdiction Now, I, , the Master of the High Court in Ireland, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you will be pleased to summon the said witnesses (and such other witnesses as the agents of the plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before you, or such other person as according to your procedure is competent to take the examination of witnesses, and that you will cause such witnesses to be examined (upon the interrogatories which accompany this letter of request) viva voce touching the said matter in question in the presence of the agents of the plaintiff and defendant or such of them as shall, on due notice given attend such examination. And I further have the honour to request that you will permit the agents of both the plaintiff and defendant or such of them as shall be present to be at liberty to examine and to cross-examine such witnesses. And I further have the honour to request that you will be pleased to cause (the answers of the said witnesses and all additional viva voce questions, whether on examination, cross-examination, or re-examination) the evidence of such witnesses to be reduced into writing and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal or in such other way as is in accordance with your procedure and to return the same together with (the interrogatories and) a note of the charge and expenses payable in respect of the execution of this request, through the Consul from whom the same was received for transmission to the High Court in Ireland. And I further beg to request that you will cause me, or the agents of the parties if appointed, to be informed of the date and place where the examination is to take place. No. 4. O. 39, r. 5 (3) ORDER FOR EXAMINATION BEFORE CONSUL. Title of action Upon hearing, and upon reading the affidavit of It is ordered that the Irish Consul or his deputy at be appointed as special examiner for the purpose of taking the examination, cross-examination, and re-examination, viva voce If the Convention requires that the invitation or notice to the witnesses must expressly state that no compulsory powers may be used, this requirement must be complied with .) PART III. FOREIGN PROCEEDINGS. No. 1. O. 39, r. 40 ORDER UNDER THE FOREIGN TRIBUNALS EVIDENCE ACT, 1856. THE HIGH COURT. In the matter of Foreign Tribunals Evidence Act, 1856 and in the matter of a [ civil or commercial or criminal ] proceeding now pending before [ description of foreign tribunal ] entitled as follows:— , Plaintiff (or as the case may be) Upon reading the affidavit ( if any ) of filed the day of , 19 , and the commission rogatoire or as the case may be It is ordered that do attend before [ name and address of the examiner ], who is hereby appointed examiner herein, at [ place appointed for examination ], on the day of ,19 ,at o'clock, or such other day and time as the said examiner may appoint, and do there submit to be examined upon oath, or affirmation, touching the testimony so required, as aforesaid, and do then and there produce [description of document (if any) required to be produced]. And it is further ordered that the said examiner do take down in writing the evidence of the said witness ( witnesses) according to the rules and practice of this Court pertaining to the examination and cross-examination of witnesses [ or as may be otherwise directed ]; and do cause such witness to sign his deposition in the presence of the examiner; and do sign the depositions taken in pursuance of this order, and when so completed do transmit the same, together with this order, to the Master of the High Court, for transmission to the President of the said Tribunal desiring the evidence of such witness or witnesses. No. 2. O. 39, r. 42 (1) CERTIFICATE UNDER THE FOREIGN TRIBUNALS EVIDENCE ACT, 1856. Heading as in Form No. I, Master of the High Court in Ireland, hereby certify that the documents annexed hereto are (1) a sealed and certified copy of the order of the High Court, dated day of , 19 , made in the matter of pending in the at in the of directing the examination of certain witnesses to be taken before and (2) the examination and depositions taken by the said pursuant to the said order, and duly signed and completed by him on the day of , 19 . No. 3. O. 121, r. 9 CERTIFICATE OF SERVICE OF FOREIGN PROCESS. I, Master of the High Court in Ireland, hereby certify that the documents annexed hereto are as follows:— (1) A copy of the letter of request for service of process received from the Court or Tribunal at in the [ describe proceedings (2) The process received with such letter of request; and (3) The evidence of service upon , the person named in such letter of request, together with the verification of a notary public. And I certify that such service so proved, and the proof thereof, are such as are required by the law and practice of the High Court in Ireland, regulating the service of legal process in Ireland, and the proof thereof. And I certify that the cost of effecting such service, as duly certified by the Taxing Master of the High Court in Ireland, amounts to the sum of £ APPENDIX E O. 41, r. 19 No. 1. DEFAULT OF APPEARANCE OR DEFENCE IN CASE OF LIQUIDATED DEMAND. THE HIGH COURT. 19 Between A. B., and C.D., 30th November, 19 . The defendant . not having appeared to the summons herein (or not having delivered a defence), it is this day adjudged that the plaintiff recover against the defendant £ and costs, to be taxed. No. 2. DEFAULT OF APPEARANCE OK DEFENCE IN ACTION FOR RECOVERY OF LAND. Heading as in Form No. 30th November, 19 . The defendant, . not having appeared to the summons herein (or not having delivered a defence) it is this day adjudged that the plaintiff recover possession of the land in the indorsement on the summons described as and costs, to be taxed. No. 3. DEFAULT OF APPEARANCE IN CASES OTHER THAN LIQUIDATED DEMAND. Heading as in Form No. 30th November, 19 . On the application of the plaintiff's solicitor it is ordered that the plaintiff be at liberty to enter judgment in default of appearance for the relief claimed in the originating summons herein. No. 4. JUDGMENT IN PURSUANCE OF ORDER. Heading as in Form No. 30th November, 19 . Pursuant to the order of dated , 19 , whereby it was ordered It is this day adjudged that the plaintiff recover against the defendant £ and costs to be taxed. The above costs have been taxed and allowed at £ as appears by the Taxing Master's certificate dated the day of , 19 . No. 5. JUDGMENT AFTER TRIAL IN CLAIMS FOR DEBT OR DAMAGES. Heading as in Form No. 30th November, 19 . The action having on the 12th and 13th November, 19 , being tried before the Honourable Mr. Justice [with a jury and the jury having found] (state findings as in Registrar's certificate), and the said Mr. Justice having ordered that judgment be entered for the plaintiff for £ and costs [ or as the case may be ] it is this day adjudged that the plaintiff recover against the defendant £ and £ for his costs ( that the action be dismissed and that the defendant recover against the plaintiff £ for his costs.) No. 6. JUDGMENT FOR DEFENDANT'S COSTS ON DISCONTINUANCE. Heading as in Form No. 30th September, 19 . The plaintiff having by a notice in writing dated the day of 19 , wholly discontinued this action ( withdrawn his claim in this action for withdrawn so much of his claim in this action as relates to or as the case may be ) it is this day adjudged that the defendant recover against the plaintiff costs to be taxed. The above costs have been taxed and allowed at £ as appears by the Taxing Master's certificate dated the day of . No. 7. JUDGMENT FOR PLAINTIFF'S COSTS AFTER CONFESSION OF DEFENCE. Heading as in Form No. 30th November, 19 . The defendant in his defence herein having alleged a ground of defence which arose after the commencement of this action, and the plaintiff having on the day of 19 , delivered a confession of that defence, it is this day adjudged that the plaintiff recover against the defendant costs to be taxed. The above costs have been taxed and allowed at £ as appears by the Taxing Master's certificate, dated the day of , 19 . No. 8. JUDGMENT FOR COSTS AFTER ACCEPTANCE OF MONEY PAID INTO COURT. Heading as in Form No. 30th November, 19 . The defendant having paid into Court in this action the sum of £ in satisfaction of the plaintiff's claim, and the plaintiff having by his notice dated the day of , 19 , accepted that sum in satisfaction of his entire cause of action, and the plaintiff's costs herein having been taxed, and the defendant not having paid the same within forty-eight hours after the said taxation, it is this day adjudged that the plaintiff recover his taxed costs against the defendant. The above costs have been taxed and allowed at £ as appears by the Taxing Master's certificate dated the day of , 19 . No. 9. O. 22, r. 10 CERTIFICATE AFTER TRIAL—MONEY TO BE PAID INTO COURT (OR TRANSFERRED) AND INVESTED FOR INFANT. Follow Form No. 9 and proceed:—] And upon reading the certificate of birth of the said infant plaintiff from which it appears that he was born on [ The Judge further directed [ Follow as in Form No. 11 No. 10. O. 22, r. 10 ORDER APPROVING COMPROMISE OF ACTION ON BEHALF OF INFANT. Heading as in summons Upon hearing [ ] for the plaintiff and [ ] for the defendant, and on reading [ documents and dates ] and the consent [ date and signatures ] and the certificate of the birth of the infant plaintiff from which it appears that he was born on [ It is ordered (i) that the terms of settlement arrived at between the parties and embodied in the said consent be approved, and that such consent be received [ and made a rule of court ] and be filed with and deemed to be part of this order; (ii) that the defendant do forthwith pay into Court to the credit of the action and separate credit of the infant plaintiff the sum of £ (iii) that out of the money in Court that the sum of £ be paid to (in satisfaction of the hospital medical and other expenses); (iv) [ if necessary ] that the plaintiff's costs be taxed as between party and party; (v) that the balance of the said monies be invested and the dividends thereon be accumulated ( , as and when they accrue be paid to to be expended solely for the benefit of the infant) during the minority of the infant or until further order; (vi) that unless otherwise ordered when the said [ ] attains the age of twenty-one years, and upon production to the Accountant of the Courts of Justice of satisfactory evidence of life, the said investment be transferred or sold and the proceeds of sale thereof be paid out of Court to him or as he shall direct; (vii) [ where ordered ] that future applications in regard to the funds in Court be made to the Master of the High Court. APPENDIX F PART I. PRAECIPE. No. 1. O. 42, r. 11 FOR FIERI FACIAS. THE HIGH COURT. 19 Between A.B., and C.D., Seal an order fieri facias directed to the sheriff (County Registrar) of to levy against . the sum of £ and interest thereon at the rate of £ per cent. per annum from the day of [and £ costs and interest thereon at the rate of £ per cent. per annum from the said date] Order dated [Taxing Master's certificate dated ]. I certify that the sum of £ is due to the plaintiff after all just credits and allowances. Solicitor for [ party on whose behalf order is to issue No. 2. FOR VENDITIONI EXPONAS. Heading as in Form No. Seal an order of venditioni exponas directed to the sheriff (County Registrar) of to sell the goods and of . taken under an order of fieri facias in this action dated day of Solicitor for No. 3. FOR ORDER OF SEQUESTRATION. Heading as in Form No. Seal an order of sequestration against . for not at the suit of . directed to [ name or names of sequestrator or sequestrators Order dated Solicitor for No. 4. FOR ORDER OF POSSESSION. Heading as in Form No. Seal an order of possession directed to the sheriff (County Registrar) of to deliver possession to . of Order dated Solicitor for No. 5. FOR ORDER OF DELIVERY. Heading as in Form No. Seal an order of delivery directed to the sheriff (County Registrar) of to make delivery to . of Order dated Solicitor for No. 6. FOR ORDER OF ATTACHMENT. Heading as in Form No. Seal an attachment directed to for not Order dated Solicitor for PART II. ORDERS.> No. 1. O. 42, r. 13 ORDER OF FIERI FACIAS. THE HIGH COURT. 19 Between A.B., and C.D., To the sheriff (County Registrar) of greeting. You are hereby commanded that of the goods and chattels of . in your bailiwick you cause to be made the sum of £ and also interest thereon at the rate of £ per cent. per annum from the day of *which said sum of money and interest were lately in the High Court in a certain action [ certain actions, as the case may be ] wherein is plaintiff and . defendant [ in certain matter there depending entitled "In the matter of as the case may be ] by a judgment [ order of said Court, bearing date the day of adjudged [ as the case may be ] to be paid by the said . to ., together with certain costs in the said judgment [ order] mentioned, and which costs have been taxed and allowed by the Taxing Master at the sum of £ as appears by the certificate of the Taxing Master, dated the day of . And that of the goods and chattels of the said . in your bailiwick you further cause to be made the said sum of £ [ ] together with interest thereon at the rate of £ per cent. per annum from the day of , *and that you have that money and interest before the High Court immediately after the execution hereof to be paid to the said . in pursuance of the said judgment [ order]. And in what manner you shall have executed this order make appear to the High Court immediately after the execution thereof. And have there then this order. BY ORDER, &c. Levy £ and £ for costs of execution, &c., and also interest on £ [ judgment debt ] at £ per cent. per annum from the day of ,and also interest on £ [ ] at £ per cent. per annum from the said date until payment; besides sheriff's poundage, officers' fees, costs, of levying, and all other legal incidental expenses. This order was issued by of [ registered place of business solicitor for the said The said . is a and his place of abode is at in your bailiwick. No. 2. FIERI FACIAS ON ORDER OF COSTS. [Heading, &c., as in Form No. 1]. You are hereby commanded, that of the goods and chattels of in your bailiwick you cause to be made the sum of for certain costs which by an order of the High Court, dated the day of *, were ordered to be paid by the said to and which have been taxed and allowed at the said sum and interest on the said sum at the rate of £ per cent. per annum from the day of , and that you have the said sum, and interest, before the High Court immediately after the execution hereof, to be rendered to the said . And in what manner, &c. And have there then this order. BY ORDER, &c. Levy £ and £ for costs of execution, &c. and also interest on £ at £ per cent. per annum from the day of until payment; besides sheriff's poundage, officers' fees, costs of levying, and all other legal incidental expenses. This order was issued &c. [ as in Form No . 1]. The said . [as in Form No. 1]. Note to Forms No. Here enter the day of the order, or day on which money directed to be paid, or day from which interest is directed by the order to run, as the case may be No. 3. ORDER OF FIERI FACIAS TO ENFORCE JUDGMENT OR ORDER OF THE SUPREME COURT IN CASES NOT OTHERWISE PROVIDED FOR. THE SUPREME COURT. 19 Between A.B., and C.D., To the sheriff (County Registrar) of greeting. You are hereby commanded that of the goods and chattels of in your bailiwick, you cause to be made the sum of £ and also interest thereon, at the rate of £ per cent. per annum, from the day of , which said sum of money and interest were lately in the Supreme Court in a certain action [ as the case may be ] entitled by a judgment [ order] of the Supreme Court, bearing date the day of adjudged to be paid by the said to the said together with £ costs in the said judgment [ order] mentioned. And that of the goods and chattels of the said in your bailiwick you further cause to be made the sum of £ together with interest thereon at the rate of £ per cent. per annum from the day of and that you have the moneys and interests aforesaid before the said Court immediately after the execution hereof, to be paid to the said in pursuance of the said judgment [ order]. And in what manner, &c. And have there then this order. BY ORDER, &c. Levy, &c. [ as in Form No . 1]. This order was issued, &c. [ as in Form No . 1]. The said ., &c. [ as in Form No. 1 No. 4. ORDER OF VENDITIONI EXPONAS. Heading as in Form No. To the sheriff (County Registrar) of greeting. Whereas by order you were lately commanded that of the goods and chattels of [here recite the fieri facias to the end] And on the day of you returned to the High Court that by virtue of the said order to you directed you had taken goods and chattels of the said . to the value of the money and interest aforesaid, which said goods and chattels remained in your hands unsold for want of buyers. Therefore, the Court being desirous that the said . should be satisfied his money and interest aforesaid, it is hereby commanded that you expose to sale and sell, or cause to be sold, the goods and chattels of the said ., by you in form aforesaid taken, and every part thereof, for the best price that can be gotten for the same, and have the money arising from such sale before the High Court immediately after the execution hereof, to be paid to the said . And have there then this order. BY ORDER, &c. This order was issued, &c. [ as in Form No . 1]. No. 5. O. 47, r. 1 ORDER OF POSSESSION. Heading as in Form No. To the sheriff (County Registrar) of greeting. Whereas lately in the High Court it was adjudged that the plaintiff recover possession of all that with the appurtenances in your bailiwick. You are hereby commanded to enter the same and without delay cause the said . to have possession of the said lands and premises with the appurtenances. And in what manner you have executed this order, make appear to the High Court immediately after the execution hereof, and have you then there this order. BY ORDER, &c. This order was issued, &c. [ as in Form No . 1]. Amount of rent due to plaintiff £ out of the said lands, and premises, up to and ended the day of , 19 , as verified by affidavit of , which sum, together with the sum of £ the costs of the plaintiff, making together the sum of £ now is and remains due and owing to the plaintiff out of the said lands and premises. Solicitor for plaintiff. No. 6. O. 47, r. 5 ORDER OF POSSESSION ON EXPIRATION PERIOD OF REDEMPTION. Heading as in Form No. To the sheriff (County Registrar) of greeting. Whereas lately in the High Court it was adjudged that the plaintiff recover possession of all that with the appurtenances in your bailiwick. And whereas the period for the redemption of the said premises has expired. You are hereby commanded to enter the same and without delay cause the said . to have possession of the said lands and premises with the appurtenances. And in what manner you have executed this order make appear to the High Court immediately after the execution thereof, and have you then enter this order. BY ORDER, &c. This Order was issued, &c. [ as in Form No . 1]. Amount of rent due to plaintiff, £ out of the said lands and premises, up to and ended the day of , 19 , as verified by affidavit of , which sum, together with the sum of £ , the costs of the plaintiff, making together the sum of £ now is and remains due and owing to the plaintiff out of the said lands and premises Solicitor for plaintiff. No. 7. O. 47, r. 6 ORDER OF POSSESSION AFTER STAY OF EXECUTION REMOVED.________________ Heading as in Form No. To the sheriff (County Registrar) of greeting. Whereas lately in the High Court, it was adjudged that the plaintiff recover possession of all that with the appurtenances in your bailiwick. And whereas by an order of the High Court it was ordered that the sum of £ being (the sum agreed upon between the parties in satisfaction of) the arrears of rent due up to the day of , 19 , and the costs should be paid by instalments. And whereas default has been made in complying with the said order. You are hereby commanded to enter the same and without delay cause the said . to have possession of the said lands and premises with the appurtenances. And in what manner you have executed this order, make appear to the High Court immediately after the execution thereof, and have you then there this order. BY ORDER, &c. This order was issued, &c. [ As in Form No . 1]. Amount due to plaintiff, £ balance of sum directed to be paid to plaintiff by instalments by order of the High Court dated the day of , 19 , as verified by affidavit of Amount (agreed upon in satisfaction) of rent to the of ,19 ,and costs ... ... ... ... ... Amount of instalments paid ... ... ... ... ... Balance due ... ... ... ... ... (Signed) Solicitor for plaintiff. No. 8. O. 48, r. 2 ORDER OF DELIVERY.____________________ Heading as in Form No. To the sheriff (County Registrar) of greeting. You are hereby commanded that without delay you cause the following chattels, that is to say [ here enumerate the chattels recovered by the judgment or order for the return of which execution has been ordered to issue ], to be returned to ., which the said ., lately in the High Court recovered against .was ordered to deliver to the said .in an action in the High Court]* And you are hereby further commanded that if the said chattels cannot be found in your bailiwick, you distrain the said .by all his lands and chattels in your bailiwick, so that neither the said .nor any one for him do lay hands on the same until the said .render to the said . the said chattels.† And in what manner you have executed this order make appear to the High Court immediately after the execution hereof, and have you then there this order. BY ORDER, &c. This order was issued, &c.[ as in Form No. 1 ].____________________ No. 9. O. 48, r. 2 THE LIKE, BUT INSTEAD OF A DISTRESS UNTIL THE CHATTEL IS RETURNED, COMMANDING THE SHERIFF TO LEVY ON DEFENDANT'S GOODS THE ASSESSED VALUE OF IT.____________________ Proceed as in Form No. 8 until the * and then thus ]: And you are hereby further commanded that if the said chattels cannot be found in your bailiwick, of the goods and chattels of the said .in your bailiwick you cause to be made £ [ the assessed value of the chattels ]† And in what manner you have executed this order make appear to the High Court immediately after the execution hereof, and have you then there this order. BY ORDER, &c. This order was issued, &c.[ as in Form No . 1]. No. 10. O.48, r. 2 If in either of Forms 8 or 9 it is wished to include damages, costs, and interest, proceed to the † and continue thus And you are hereby further commanded that of the goods and chattels of the said .in your bailiwick, you cause to be made the sum of £ ( ). And also interest thereon at the rate of £ per cent. per annum, from the day of , which said sum of money and interest were by the judgment ( order) dated the day of ,adjudged ( ordered) to be paid by the said ., together with certain costs in the said judgment ( order) mentioned, and which costs have been taxed and allowed by the Taxing Master at the sum of £ as appears by the certificate of the Taxing Master, dated the day of .And that of the goods and chattels of the said .in your bailiwick you further cause to be made the said sum of £ costs, together with interest thereon at the rate of £ per cent. per annum from the day of ,and that you have that money and interest before the High Court immediately after the execution hereof to be paid to the said .in pursuance of the said judgment ( And in what manner you have executed this order make appear to the High Court immediately after the execution hereof, and have you then there this order. BY ORDER, &c. This order was issued, &c.[ as in Form No . 1].____________________ No. 11. O. 44, r. 1 ORDER OF ATTACHMENT.____________________ Heading as in Form No. To the Commissioner and members of the Garda Siochana, greeting. Whereas lately in the High Court it was adjudged that . should be attached on the ground that he was in default in that ( here shortly specify the default ).

You are hereby commanded to attach the said .so as to have him before the High Court at the Four Courts, Dublin, there to answer for the contempt which by reason of such default it is alleged he has committed against the High Court, as well as such other matters as shall then and there be charged against him, and further to perform and abide such order as the High Court shall make in his behalf, and have you then and there this order. BY ORDER, &c. This order was issued &c. [ as in Form No . 1]. No. 12. O. 44, r. 2 ORDER OF COMMITTAL IN CASES OTHER THAN JUDGMENT DEBTORS.____________________ Heading as in Form No. To the Commissioner and members of the Garda Siochana, greeting. Whereas lately in the High Court it was adjudged that ., for default [ here shortly specify ] was guilty of contempt of the High Court and do stand committed to prison for the said contempt. You are hereby commanded to arrest the said .and thereupon to lodge him in Prison, there to be detained until he purge his said contempt and is discharged pursuant to further order of the High Court. And in what manner you have executed this order make appear to the High Court immediately after the execution hereof and have you then and there this order. BY ORDER, &c. This order was issued, &c. [ as in Form No. 1 ].____________________ No. 13. O. 44, r. 10 ORDER OF COMMITTAL OF JUDGMENT DEBTOR.____________________ Heading as in Form No. To the Commissioner and members of the Garda Siochana, greeting. Whereas lately in the High Court it was adjudged that . be, for default in payment of the debt hereinafter mentioned, committed to prison for the term of [ not to exceed one year ] from the date of his arrest, including the day of such date, or until he shall sooner pay to the plaintiff the sum of £ * being the amount due by him in pursuance of a judgment ( order) of the High Court dated together with interest thereon at the rate of £ per cent. per annum from the said date (and £ costs of the said judgment ( order) and interest thereon at the rate of £ per cent. per annum from the said date) and £ for the costs of this order. †You are hereby commanded to arrest the said . and thereupon to lodge him in Prison there to abide the said order of committal. And in what manner you have executed this order to make appear to the High Court immediately after the execution hereof and have you then and there this order. And forthwith after such arrest to indorse upon copies of this order the date of such arrest and one copy so indorsed to leave with the Governor of the said prison and another copy within two days to return to the person issuing this order. BY ORDER, &c. This order was issued, &c. [ as in Form No . 1]. No. 14. O. 44, r. 10 ORDER OF COMMITTAL OF JUDGMENT DEBTOR ON NON-PAYMENT OF INSTALMENT.____________________ Heading as in Form No. Proceed as in Form No . 13 until the *and then thus ] being the amount of the instalment due on the day of under the order of the High Court dated (together with the further sum of £ for costs ) [ continue as in Form No. 13 from the †].____________________ No. 15. O. 44, r. 12 CERTIFICATE OF PAYMENT OF SUM SPECIFIED IN COMMITTAL ORDER. I certify that . now in Prison upon an order of the High Court at the suit of . for non-payment of a debt ( instalment) of £ has satisfied the said debt ( instalment) together with the costs specified in the said order. Solicitor for the said Registered place of business or A.B .) Place of abode (Witness to the signature of . solicitor Registered place of nusiness . ( Peace Commissioner ).____________________ No. 16. O. 69, r. 1 ORDER FOR ARREST UNDER THE DEBTORS ACT (IRELAND), 1872, SECTION 7.____________________ Heading and title of action Upon hearing and upon reading the affidavit of , filed the day of , 19 , and It is ordered that the defendant be arrested and imprisoned for the term of from the date of his arrest, including the day of such date, unless and until he shall sooner deposit in Court the sum of£ , or give to the plaintiff a bond executed by him and two sufficient sureties in the penalty of £ , or some other security satisfactory to the plaintiff, that And it is further ordered that the Commissioner and members of the Garda Siochana do within one calendar month from the date hereof, including the day of such date, and not afterwards, take the defendant for the purpose aforesaid. No. 17. O. 43, r. 2 ORDER OF SEQUESTRATION.____________________ Heading as in Form No. To [ names of sequestrator or sequestrators ] greeting. Whereas lately in the High Court in a certain action wherein . is plaintiff and . and others are defendants [ , in a certain matter entitled "In the matter of as the case may be ] by a judgment [ order] of the High Court made in the said action [ matter], and bearing date the day of 19 , it was ordered that the said should pay into Court to the credit of the said action the sum of £ , as the case may be ]. Know ye, therefore, that the High Court has given, and by these presents doth give to you, full power and authority to enter upon all the messuages, lands, tenements, and real estate whatsoever of the said ., and to collect, receive, and sequester into your hands not only all the rents and profits of his said messuages, lands, tenements and real estate, but also all his goods, chattels, and personal estates whatsoever; and, therefore you are commanded, that you do at certain proper and convenient days and hours, go to and enter upon all the messuages, lands, tenements, and real estates of the said ., and that you do collect, take, and get into your hands not only the rents and profits of his said real estate, but also all his goods, chattels, and personal estate and detain and keep the same under sequestration in your hands until the said . shall [pay into Court to the credit of the said action the sum of £ , or, as the case may be , and] clear his contempt, and the High Court make other order to the contrary. BY ORDER, &c. This order was issued, &c. [ as in Form No. 1 APPENDIX G THE EXAMINER No. 1. O.55, r. 11 NOTICE TO PROCEED. Title of suit Take notice that this case will appear in the list in the Examiner's Office on the day of 19 at eleven o'clock in the forenoon on the hearing of an application on the part of the [plaintiff] to proceed with the accounts and inquiries directed by the order made herein dated the day of 19 [ or as the case may be (Signed)____________________ No. 2. O. 55, r. 5 NOTICE TO ATTEND BEFORE EXAMINER.____________________ Title of suit You are hereby summoned to attend at the Examiner's Office, Four Courts, Dublin, on the day of at o'clock in the noon to be examined on the part of for the purpose of proceedings directed by the order made herein dated the day of to be taken before me. This summons was taken out by , Solicitor for____________________ No. 3. O. 55, r. 26 ADVERTISEMENT FOR CREDITORS AND INCUMBRANCERS (ADMINISTRATION SUIT).____________________ Title of suit Pursuant to an order of the High Court made in the above-mentioned suit, the creditors of late of [ full address and description ] who died in or about the month of 19 , are on or before the day of 19 , to send by post prepaid to of [ a member of the firm of ] solicitor(s) for the , the executor of the will of the said deceased [ or as the case may be ] the full particulars of their claims and the nature of the securities (if any) held by them; [ Add where necessary and all persons claiming to be incumbrancers affecting the freehold registered land or other real estate of the said deceased are to enter their claims at the Examiner's Office, Four Courts, Dublin, on or before the said day of 19 , and to prove such claims by affidavit on or before the same day] or in default thereof they will be peremptorily excluded from the benefit of the said order. Every creditor [ add where necessary or claimant] holding any security shall, if as required by notice in writing from the said produce such security as required by such notice. Examiner.____________________ No. 4. O. 55, r. 26 ADVERTISEMENT FOR INCUMBRANCERS (MORTGAGE SUIT).____________________ Title of suit Pursuant to an order of the High Court made in the above-mentioned suit all persons claiming to be incumbrancers affecting the interest of the defendant in [ short description of the property ] are to enter their claims at the Examiners' Office, Four Courts, Dublin, on or before the day of 19 , and to prove such claims by affidavit on or before the same day or in default thereof they will be peremptorily excluded from the benefit of the said order. Every such incumbrancer holding any security is required to produce the same at the Examiners' Office on the day of 19 , at eleven o'clock in the forenoon, being the time appointed for adjudicating on the claims. Examiner.____________________ No. 5. O. 55, r. 26 ADVERTISEMENT FOR CLAIMANTS (LONG FORM).____________________ Title of suit To and his children (if any) last heard of in about the year 19 . Pursuant to an order of the High Court made in the above-mentioned suit, all persons claiming to be next of Kin [ or as the case may be ] of deceased, who died at on or about the of 19 , and particularly his uncle [ or as the case may be ] the said and his children (if any) are required on or before the day of 19 , to enter their claims at the Examiners' Office, Four Courts, Dublin, Ireland, and if so required by notice in writing from shall prove such claim by affidavit within such time as shall be specified in such notice, or in default thereof they will be peremptorily excluded from the benefit of the said order. The day of 19 , at eleven o'clock in the forenoon at the Examiners' Office, has been appointed for hearing and adjudicating on the claims. No. 6. O. 55, r. 26 ADVERTISEMENT FOR CLAIMANTS (SHORT FORM).*____________________ Title of suit. . and his children (if any) last heard of in or as the case may be ] deceased, at the Examiners' Office, Dublin, Ireland, on or before the day of 19 . This Form is to be used only if specially directed .____________________ No. 7. O. 55, r. 29 NOTICE TO CREDITOR TO PRODUCE DOCUMENTS.____________________ Short title of suit You are hereby required to produce in support of the claim sent in by you against the estate of deceased [ describe the document required to be produced ], before the Examiner, at his Office, Four Courts, Dublin, on the day of 19 , at o'clock in the noon. To____________________ No. 8. O. 55, r. 31 AFFIDAVIT OF EXECUTOR OR ADMINISTRATOR AS TO CLAIMS OF CREDITORS.____________________ Title of suit ., of, &c., the plaintiff [ or as may be ], being the executor [ administrator] of Z late of , in the county of , deceased, and ., of &c., solicitor, severally make oath and say as follows: I the said ., for myself, say as follows: 1. I have in the paper writing upon which marked A., I have signed my name before swearing this affidavit, set forth a list of all the claims the particulars of which have been sent into me by persons claiming to be creditors of the said Z, deceased, pursuant to the advertisement issued in that behalf dated the day of 19 . And I, the said ., for myself, say as follows: 2. I have examined the particulars of the several claims mentioned in the said paper writing marked A., and I have compared the same with the books, accounts and documents of the said Z. [ or as the case may be ] [ and state any other inquiries or investigations made ], in order to ascertain, so far as I am able, to which of such claims the estate of the said Z is justly liable. 3. From such examination [ and state any other reasons ] I believe, that the estate of the said Z, is justly liable to the amounts set forth in the sixth column of the first part of the said paper writing, marked A., and to the best of my knowledge and belief, such several amounts are justly due from the estate of the said Z, and proper to be allowed to the respective claimants named in the said schedule. 4. I believe that the estate of the said Z, is not justly liable to the claims set forth in the second part of the said paper writing, marked A., and that the same ought not to be allowed without proof by the respective claimants [ , I am not able to state whether the estate of the said Z is justly liable to the claims set forth in the second part of the said paper writing, marked A., or whether such claims, or any parts thereof, are proper to be allowed without further evidence]. 5. Except as hereinbefore mentioned, there are not, to the best of my knowledge, information, and belief, any other claims against the estate of the said Z. Sworn, &c.____________________ No. 9. O. 55, r. 31 EXHIBIT REFERRED TO IN FORM NO. 8.____________________ Short title of suit List of claims, the particulars of which have been sent in to E.F., the solicitor of the plaintiff [or defendant, or as the case may be ], by persons claiming to be creditors of Z, deceased, pursuant to the advertisement issued in that behalf dated the day of 19 . This paper writing marked A. was produced and shown to and is the same as is referred to in his affidavit sworn before me this day of 19 . ., &c. FIRST PART.—Claims proper to be allowed without further evidence. Serial No. Names of claimants Addresses and descriptions Particulars of claim Amount claimed Amount proper to be allowed SECOND PART.—Claims which ought to be proved by the claimants. Serial No. Names of claimants Addresses and descriptions Particulars of claim Amount claimed No. 10. O. 55, r. 35 (1) NOTICE TO CREDITOR OF ALLOWANCE OF CLAIM.____________________ Short title of suit. The claim sent in by you against the estate of Z, deceased, has been allowed at the sum of £ , with interest thereon at £ per cent. per annum, from the day of 19 , and £ for costs. If part only allowed, add ] If you claim to have a larger sum allowed, you are hereby required to prove such further claim, and you are to file such affidavit as you may be advised in support of your claim, and give notice thereof to me on or before the day of 19 next, and to attend by your solicitor at the Examiner's Office, Four Courts, Dublin, on #day of #19 ,at o'clock in the #noon, being the time appointed for adjudicating on the claim. No. 11. O. 55, r. 35 (2) NOTICE TO CREDITOR TO PROVE HIS CLAIM.____________________ Short title of suit You are hereby required to prove the claim sent in by you against the estate of Z, deceased. You are to file such affidavit as you may be advised in support of your claim, and give notice thereof to me on or before the day of next, and to attend by your solicitor at the Examiner's Office, Four Courts, Dublin, on the day of 19, at o'clock in the noon, being the time appointed for adjudicating on the claim. No. 12. O.55, r. 39 NOTICE THAT DRAFTS MAY BE RECEIVED.____________________ Short title of suit The drafts for the amounts directed to be paid to the creditors of Z deceased by an order made in this suit dated the day of 19 , may be received at the Office of the Accountant, Four Courts, Dublin, on and after the day of 19. To____________________ No. 13. NOTICE PURSUANT TO ORDER 33, RULE 5.____________________ Title of suit Take Notice that the plaintiff seeks to charge the defendant with the several sums of money set out in Part I of the schedule hereto beyond what the defendant has in his account marked " " verified by the affidavit of the defendant filed the day of 19 , admitted to have been received by him; And further Take Notice that the plaintiff objects to the allowance of the items of disbursement in the defendant's said account set out in Part II of the schedule hereto. Solicitor for the plaintiff. Solicitor for the defendant. The schedule before referred to. PART I. proceeds of sale of 5 sheep sold on the day of in addition to the amount debited at item . dividend for the year ended the day of on War Loan Stock and not debited in the said Account. PART II. Items numbered to inclusive and £ part of item numbered the estate of the deceased not being liable for same or any part thereof. No. 14. O. 55, r. 48 MEMORANDUM FOR THE OPINION OF THE COURT.____________________ Title of suit Take Notice that the memorandum annexed hereto has been entered for hearing before the Court on day the day of 19 , at eleven o'clock in the forenoon or the first opportunity thereafter. On a sheet annexed to the above notice—repeat the title and continue The directions of the Court are sought by the (plaintiff) as to [ set out the nature of the relief sought (Signed)____________________ No. 15. O. 55, r. 48 REQUEST FOR OPINION OF THE COURT.____________________ Title of suit Take Notice that the annexed request of the (plaintiff) will appear before the Court for hearing on day the day of 19 at eleven o'clock in the forenoon or the first opportunity thereafter. On a sheet annexed to the above notice—repeat the title and continue The (plaintiff) requests the decision of the Court that the ruling of the Examiner dated the day of 19 whereby he did [ set out the nature of the ruling ] be (reversed) (varied) by [ set out the nature of the relief sought No. 16. O. 55, r. 46 CERTIFICATE OF EXAMINER.____________________ Title of suit In pursuance of the directions given to me by I hereby certify that the result of the accounts and inquiries which have been taken and made in pursuance of the judgment [ order] in this cause dated the day of is as follows: The plaintiff and defendant and who was served with notice of said judgment [or order] have attended by their respective solicitors, or as the case may be 1. The defendants the executors of the testator have received personal estate to the amount of £ and they have paid or are entitled to be allowed on account thereof, sums to the amount of £ leaving a balance due from [ to] them of £ on that account. The particulars of the above receipts and payments appear in the account marked verified by the affidavit of filed on the day of and which account is to be filed with this certificate, except that in addition to the sums appearing on such account to have been received, the said defendants are charged with the following sums, [ state the same here or in a schedule ] and except that I have disallowed the items of disbursement in the said account numbered , and Or in cases where a transcript has been made. The defendants have brought in an account verified by the affidavit of , filed on the day of and which account is marked and is to be filed with this certificate. The account has been altered, and the account marked and which is also to be filed with this certificate, is a transcript of the account as altered and passed. 2. The debts of the testator which have been allowed, are set forth in schedule hereto, and with the interest thereon and costs mentioned in the schedule are due to the persons therein named, and amount altogether to £ 3. The funeral expenses of the testator amount to the sum of £ which I have allowed the said executors in the said account of personal estate. 4. The legacies given by the testator are set forth in the schedule hereto, and with the interest therein mentioned remain due to the persons therein named, and amount altogether to £ 5. Particulars of the outstanding personal estate of the testator are set forth in the schedule hereto. 6. Particulars of the real estate to which the testator was entitled are set forth in the schedule hereto. 7. The defendants have received rents and profits of the testator's real estate, &c. [ in a form similar to that provided with respect to the personal estate 8. The incumbrances affecting the said testator's real estate are specified in the schedule hereto. 9. The real estates of the testator directed to be sold, have been sold, and the purchase monies amounting altogether to £ have been paid into Court. The above numbers are to correspond with the numbers in the order, after each statement the evidence produced is to be stated as follows The evidence produced on this account [ inquiry] consists of the probate of the testator's will, the affidavit of . filed and paragraph numbered of the affidavit of . filed.____________________ No. 17. O. 55, r. 54 AFFIDAVIT VERIFYING ACCOUNTS AND ANSWERING USUAL INQUIRIES AS TO REAL AND PERSONAL ESTATE.____________________ Heading as in Form ., of, &c., the defendant, make oath and say as follows: 1. I have according to the best of my knowledge, information and belief, set forth in schedule I,. hereto a full account and inventory of the personal estate of or to which Z, the testator in the judgment [ or order ] dated made in this suit named, who died on the day of , was possessed or entitled at the time of his death, not by him specifically bequeathed 2. Save what is set forth in the said schedule I. and what is by the said testator specifically bequeathed , the said testator was not to the best of my knowledge, information, or belief, at the time of his death possessed of or entitled to any debt or sum of money due to him from me on any account whatsoever, nor to any leasehold or other personal estate whatsoever. 3. The said testator's funeral expenses have been paid. The same consist of the items of disbursement numbered and in the account hereinafter referred to [ or if not paid, it should be so stated, with the amount due and to whom due 4. We have in the account upon which marked A. I have signed my name before swearing this affidavit, according to the best of my knowledge, information, and belief, set forth a full account of the personal estate of the said testator, not by him specifically bequeathed , which has come to my hands, or to the hands of any person or persons by my order, or for my use, with the times when, the names of the persons from whom, and on what account the same has been received and also a like account of the disbursements, allowances, and payments made by me on account of the said testator's funeral expenses, debts, and personal estate, together with the times when the names of the persons to whom, and the purposes for which, the same were disbursed, allowed or paid. 5. I, speaking positively for myself, and to the best of my knowledge and belief as to other persons, further say that except as appears in the said account marked A., I have not, nor have, nor has any other person or persons by my order or for my use, possessed, received, or got in any part of the said testator's personal estate, nor any money in respect thereof, and that the said account marked A., does not contain any item of disbursement, allowance or payment, other than such as has actually been disbursed, paid, or allowed on the account aforesaid. 6. To the best of my knowledge, information, and belief, the personal estate of the said testator, now outstanding or undisposed of, consists of the property set forth in schedule II. hereto. 7. Save what is set forth in the schedule II., there is not to my knowledge, information, or belief, any part of the said testator's personal estate now outstanding or undisposed of. 8. I have, according to the best of my knowledge, information, and belief, set forth in schedule III. hereto the particulars of all the real estate which the said Z was seised of or entitled to at the date of his death. 9. Save what is set forth in the said schedule, the said testator was not to the best of my knowledge, information, or belief, at the time of his death seised or entitled to any real estate whatsoever. 10. I have, according to the best of my knowledge, information, and belief, set forth in schedule IV. hereto the particulars of all the incumbrances affecting the said testator's real estate, and what part thereof such incumbrances respectively affect. 11. I have in the account upon which marked B. I have signed my name before swearing this affidavit according to the best of my knowledge, information, and belief, set forth a full account of all the rents and profits of the said testator's real estate which has come to my hands or to the hands of any person or persons by my order, or for my use, and the times when, the names of the persons from whom, on what account, in respect of what part of such estate the same have been received, and the times when the same became due, and also a like account of the disbursements, allowances, and payments made by me in respect of the said testator's real estate, or the rents and profits thereof, and the times when, the names of the persons to whom, and the purposes for which, the same were made. 12. I, speaking positively for myself, and to the best of my knowledge and belief as to other persons, further say that, except as appears in the said account marked B., I have not nor has any other person by my order, or for my use, possessed, received, or got in any rents or profits of the said testator's real estate, nor any money in respect thereof and that the said account marked B. does not contain any item of disbursement, payment or allowance, other than such as has actually been disbursed, paid, or allowed, as above stated. APPENDIX H No. 1. O. 53, r. 4 CERTIFICATE OF ADMISSION. ..................................................SITTINGS, 19....................... Forasmuch as, upon examination and enquiry touching the fitness and capacity of of in the County of to act as a solicitor, I am satisfied that the said is duly qualified so to act. I do, by this writing under my hand, admit the said to be a solicitor of the Courts, and I direct that his name be entered on the roll of solicitors. President of the High Court. Enrolled the day of 19 . ........................ Registrar of Solicitors.____________________ No. 2. O. 53, r. 7 PETITION BRINGING A REPORT BEFORE THE COURT UNDER SECTION 7 (3) OF THE ACT OF I960.____________________ THE HIGH COURT. In the matter of a solicitor To the High Court. The humble petition of the Incorporated Law Society of Ireland showeth as follows: 1. On the day of of ( your petitioners) pursuant to the provisions of the Solicitors (Amendment) Act, 1960 , section 7, applied to the Disciplinary Committee for an inquiry into the conduct of the above named of a solicitor. 2. Pursuant to the provisions of the said section 7, the Disciplinary Committee held an inquiry on ( date or dates ) and on completion thereof embodied their findings in a report to the Court, which is annexed hereto. 3. As appears from the said report the Disciplinary Committee found that there has been misconduct on the part of the said in respect of (some of) the matters complained of in the said application ( that the said has not satisfactorily answered the allegations against him). Your petitioners therefore pray, that, in accordance with the provisions of the Solicitors (Amendment) Act, 1960 , section 8, the Court may consider the said report and that after consideration thereof, it may be pleased to order: (1) that the name of the said be struck off the roll of solicitors [ or as the case may be (2) [ where appropriate ] that the said do make such restitution to as the Court may think fit [ or as the case may be (3) that the costs incurred by the said (or your petitioners) in the proceedings before the Disciplinary Committee be paid by the said (4) that the costs of these proceedings be paid by the said (5) that such further or other order may be made as the Court may think fit, And your petitioners will ever pray. For and on behalf of the Incorporated Law Society of Ireland, ............................................................ ...................................... This petition is filed on behalf of the Incorporated Law Society of Ireland by Solicitor, of Solicitors' Buildings, Four Courts, Dublin.____________________ No. 3. O. 53, r. 7 PETITION UNDER SECTION 9 OF THE ACT OF 1960.____________________ Title as in Form No. To the High Court. The humble petition of the Incorporated Law Society of Ireland showeth as follows: 1. On the day of the above named of , a solicitor, pursuant to the provisions of the Solicitors (Amendment) Act, 1960 , section 9, applied to the Disciplinary Committee to have his name removed from the roll of solicitors. 2. Pursuant to the provisions of the said section 9, the Disciplinary Committee held an inquiry on [ date or dates ] and not being of opinion that the application should be granted without making a report to the Court, they made a report to the Court, which is annexed hereto. Your petitioners therefore pray, that, in accordance with the provisions of the said section 9, the Court may consider the said report and that after consideration thereof it may be pleased to order: (1) that the said application be refused [ or granted (2) that the costs of your petitioners in the proceedings before the Disciplinary Committee and of these proceedings be paid by the said And your petitioners will ever pray For and on behalf of the Incorporated Law Society of Ireland, ........................................................ This petition is filed on behalf of the Incorporated Law Society of Ireland by Solicitor, of Solicitors' Buildings, Four Courts, Dublin.____________________ No. 4. O. 53, r. 7 AFFIDAVIT VERIFYING PETITION.____________________ Title as in Form No. I, of , Secretary of the Incorporated Law Society of Ireland, make oath and say as follows: 1. I beg to refer to a copy of the petition herein upon which marked with the letter "A" I have indorsed my name before swearing this affidavit. 3. The signature "E.F." to the report annexed to the said petition is the signature of who was the chairman [ or as the case may be ] of the Disciplinary Committee who conducted the inquiry therein referred to. 4. I make this affidavit on behalf, and with the authority of, the Incorporated Law Society of Ireland. Sworn, &c. APPENDIX I APPEALS FROM CIRCUIT COURT. No. 1. O. 61, r. 2 NOTICE OF APPEAL TO HIGH COURT SITTING IN DUBLIN. THE HIGH COURT. Circuit No. ..................................... County of................................... Between A.B. and C.D. Take notice that the defendant A.B. or other person appealing ] hereby appeals to the High Court, sitting in Dublin at the first opportunity after the expiration of ten days from the date of service hereof from the whole of the judgment of the Circuit Court given herein the day of , 19 [ from so much of the judgment, of the Circuit Court Judge given herein the day of , 19 , as [ set out the portion complained of To/County Registrar, County of To/____________________ No. 2. O. 61, r. 2 NOTICE OF APPEAL TO HIGH COURT ON CIRCUIT.____________________ Heading as in Form No. Take notice that the defendant A.B., or other person appealing ] hereby appeals to the High Court on Circuit sitting at at the next sitting thereof after the expiration of ten days from the date of service hereof from the whole of the judgment of the Circuit Court given herein, the day of , 19 , [ from so much of the judgment of the Circuit Court given herein the day of , 19 , as [ set out the portion complained of To/County Registrar, County of No. 3. O. 110, r. 5 NOTICE OF APPEAL UNDER SECTION 18 (1) (b) OR 18 (2) (b) OF THE MALICIOUS INJURIES ACT, 1981 THE HIGH COURT. [Title as in matter Take Notice that the applicant (or respondent or other person appealing) hereby appeals to the High Court sitting in Dublin at the first opportunity after the expiration of ten days from the date of service hereof from the refusal of ( ) to state a case under section 18 (1) (b) or 18 (2) (b) of the Malicious Injuries Act, 1981 APPENDIX J PART I. ORIGINATING SUMMONS. No. 1. O. 64, r. 2 PLENARY SUMMONS IN ADMIRALTY ACTION in rem .____________________ THE HIGH COURT. 19 No. The [ name of ship, or other property to which the action relates, e.g. cargo ex....... specie ex.......... proceeds of the......... In the matter of a beacon buoy, or as the case may be Between A.B., The owners of [ name of ship or other property to which action relates ] [ or in an action of co-ownership the remaining owners of the All persons claiming an interest in the ] Defendants. To the owners and parties interested in [ name of ship ] of the port of [ or other property to which the action relates This plenary summons is to require you [ continue as in Form No. in Appendix A, Part I. ]____________________ No. 2. O. 64, r. 2 PLENARY SUMMONS IN OTHER ADMIRALTY ACTIONS.____________________ THE HIGH COURT. 19 No. The [ name of ship, or other property to which the action relates. In actions of limitation of liability state the name of the plaintiff's ship Between A.B., and C.D., To the defendant ., of in the County of This plenary summons is to require you [ continue as in Form No. in Appendix A, Part I. ].____________________ No. 3. O. 64, r. 2 SPECIAL SUMMONS IN ADMIRALTY PROCEEDINGS.____________________ THE HIGH COURT. 19 No. The [ name of ship Between A.B., and C.D., To the defendant, ., of in the County of This special summons is to require you [ continue as in Form No . 3 in Appendix A, Part I]. PART II. MISCELLANEOUS. No. 4. AFFIDAVIT TO LEAD TO WARRANT IN A CAUSE OF RESTRAINT.____________________ Heading as in Form No. ., of make oath and say as follows:— 1. I am the lawful owner of [ state number 2. The said vessel is now laying at , and is in the possession or under the control of , the owner of [ state number 3. I am desirous that the said vessel be restrained from proceeding to sea until security be given to the extent of my interest therein for her safe return to the said port of [ the port to which the vessel belongs ] and the aid and process of the High Court are necessary in that behalf. Sworn, &c. No. 5. AFFIDAVIT TO LEAD TO WARRANT IN A CAUSE OF POSSESSION. Heading as in Form No. ., of make oath and say as follows:— 1. I am the lawful owner of [ state nationality of the vessel, and if the vessel be foreign show compliance with Order 2. The said vessel is now lying at , and is in the possession or under the control of [ ], and the said refuses to deliver up the same to me [and the certificate of registry of the said vessel is also unlawfully withheld from me by the said who is in possession thereof]. 3. The aid and process of the High Court are necessary to enable me to obtain possession of the said vessel [and of the certificate of registry]. Sworn, &c.____________________ No. 6. NOTICE OR PRAECIPE FOR WARRANT. Heading as in Form No. ., solicitor for the plaintiff, pray a warrant to arrest [state name and nature of property]. (Signed)____________________ No. 7. O. 64, r. 59 Heading as in Form No. ., solicitor for the plaintiff, pray that the warrant lodged herewith be executed by the arrest of the vessel ............................................................ ............................................................ ...................now lying at............................................................ ............................................................ .........and of the cargo now or lately laden therein, together with the freight due for the transportation thereof, and hereby undertake to indemnify the Admiralty Marshal in respect of all charges and expenses that may be incurred incidental thereto, or any claim made against him in connection with such arrest or detention. Note.—If the property is at an outport and immediate arrest is required, complete the Form as follows: ., also pray that instructions be forwarded by telegraph to the Admiralty Marshal's substitute at...................................requiring the immediate arrest of the said vessel and of the cargo now or lately laden therein, together with the freight due for the transportation thereof, in anticipation of the arrival of the warrant, and hereby undertake to indemnify the Admiralty Marshal in respect of all charges and expenses that may be incurred in consequence of such instructions. (Signed)____________________ No. 8. O. 64, r. 6 WARRANT OF ARREST.____________________ Heading as in Form No. To the Admiralty Marshal of the High Court and to all and singular his substitutes, greeting. You are hereby commanded by the High Court to arrest the ship or vessel of the port of (and the cargo now or lately laden therein together with the freight due for the transportation thereof or as the case may be ) and to keep the same under safe arrest until you shall receive further orders from the High Court. BY ORDER of the High Court. Master of the High Court. [Seal].____________________ No. 9. NOTICE OF BAIL.____________________ Heading as in Form No. Take notice that I, ., solicitor for the [ state whether plaintiff or defendant ] tender the under-mentioned persons as bail on behalf of [ state the name, address and description of the party for whom bail is to be given ] in the sum of £ to answer judgment in this action [ if for costs add so far as regards costs]. Names, addresses and descriptions of 1. 2. To be signed by the solicitor and to be produced and left in the Central Office with certificate of service indorsed thereon on the application for bail. The names of bankers should, if possible, be given as referees. No. 10. BAIL BOND. Heading as in Form No. Whereas an action of has been commenced in the High Court on behalf of against [and against intervening]. Now therefore we and hereby jointly and severally submit ourselves to the jurisdiction of the High Court and consent that if the said shall not pay what may be adjudged against him in the said action with costs execution may issue forth against us, our heirs, executors and administrators goods and chattels for a sum not exceeding (Signatures of sureties). The bail bond was signed by the and the sureties the day of 19 Before me To be signed in the Central Office or before a commissioner. No. 11. AFFIDAVIT OF JUSTIFICATION. Heading as in Form No. I [ state name, address and description ] one of the proposed sureties for [ state name, address and description of the person for whom bail is to be given ] make oath and say that I am worth more than the sum of [ state the sum in letters in which bail is to be given ] pounds after the payment of all my debts. Sworn, &c. No. 12. PRÆCIPE FOR RELEASE. Heading as in Form No. ., solicitor for the [ state whether plaintiff or defendant ] in an action [ state nature of action ] commenced on behalf of against the [ state name and nature of property ] now under arrest by virtue of a warrant issued from the Central Office, pray a release of the said [bail having been given the act ion having been withdrawn by me before an appearance was entered therein, &c., as the case may be ], and there being no caveat against the release thereof outstanding. (Signed)____________________ No. 13. RELEASE.____________________ Heading as in Form No. To the Admiralty Marshal of the High Court and to all and singular his substitutes greeting. Whereas in an action of commenced in the High Court on behalf of against , you were commanded to arrest the said and to keep the same under safe arrest until you should receive further orders. Now you are hereby commanded to release the said from the arrest effected by virtue of the warrant in the said action upon payment being made to you of all costs, charges and expenses attending the care and custody of the property whilst under arrest in that action. BY ORDER, &c. Master of the High Court. Taken out by No. 14. O. 64, r. 23 NOTICE OR PRÆCIPE FOR CAVEAT AGAINST RELEASE.____________________ Heading as in Form No. ., solicitor for the plaintiff in an action [ state nature of cause ] commenced on behalf of [ state, name, address and description of plaintiff ] against [ state name and nature of property ] pray a caveat against the release of the said [ state name and nature of property (Signed)____________________ No. 15. NOTICE OR PRÆCIPE FOR CAVEAT AGAINST WARRANT. THE HIGH COURT. In the matter of [ state name of the ship or other property I, [ state name, address and description ], hereby undertake to enter an appearance in any action that may be commenced in the High Court against [ state name and nature of the property ], and within twelve days after I shall have been served with a notice of the commencement of any such action to give bail therein in a sum not exceeding [ state amount for which the undertaking is given ] pounds, or to pay such sum into Court. And I consent that all instruments and other documents in such action may be left for me at [ address for service or registered place of business (Signed)____________________ No. 16. O. 64, r. 42 NOTICE OR PRÆCIPE FOR CAVEAT AGAINST PAYMENT.____________________ Heading as in Form No. I, [ state name, address and description of caveator ] pray a caveat against the payment of any money out of Court in this action without notice to me, and I consent that such notice may be given to me by letter addressed to ( state address within the jurisdiction To be signed by the party or his solicitor No. 17. NOTICE OR PRÆCIPE TO WITHDRAW CAVEAT.____________________ Heading as in Form No. ., solicitor for the [ state whether plaintiff or defendant ] pray that the caveat against [ state tenor of caveat ] entered by me on the day of , 19 , on behalf of [ state name ] may be withdrawn. (Signed)____________________ No. 18. PRÆCIPE FOR COMMISSION OF APPRAISEMENT AND SALE.____________________ Heading as in Form No. ., solicitor for the [ state whether plaintiff or defendant ], pray a commission for the appraisement and sale of the [ state name and nature of property ] which was ordered by the Court on the day of 19 . (Signed)____________________ No. 19. COMMISSION OF APPRAISEMENT AND SALE.____________________ Heading as in Form No. To the Admiralty Marshal of the High Court and to all and singular his substitutes, greeting. Whereas in an action of by against the High Court has ordered the said to be appraised and sold. You are hereby commanded to reduce into writing an inventory of the said and having chosen one or more experienced person or persons to swear him or them to appraise the same according to the true value thereof, and upon a certificate of such value having been reduced into writing to cause the said to be sold by public auction for the highest price not under the appraised value thereof that can be obtained for the same. And you are further commanded as you receive the same to pay the gross proceeds arising from the sale into Court and to file the certificate of appraisement signed by you and the appraiser or appraisers and an account of the sale signed by you together with this commission. BY ORDER, &c. Commission of appraisement and sale. Taken out by No. 20. ORDER OF POSSESSION IN ADMIRALTY ACTION.____________________ Heading as in Form No. To the Admiralty Marshal of the High Court and to all and singular his substitutes, greeting. Whereas in an action of possession in the High Court against the High Court has ordered possession of the to be delivered up to the said or to his lawful attorney for his use. You are hereby commanded to release the said vessel her tackle apparel and furniture from the arrest made by virtue of the warrant in that behalf and to deliver possession thereof to the said or to his lawful attorney for his use. BY ORDER, &c. This order was issued by of [registered place of business] solicitor for the said No. 21. O. 64, r. 59 PRÆCIPE FOR SERVICE OF AN INSTRUMENT.____________________ Heading as in Form No. ., solicitor for the pray that the [ state nature of instrument ] lodged herewith be duly served by the Admiralty Marshal. (Signed)____________________ PART III GENERAL INDORSEMENT OF CLAIM. Damage to vessel by collision. The plaintiffs, as owners of the vessel "Mary," of the port of claim £ against the vessel "Jane" for damage occasioned by a collision which took place in the Irish Sea on the day of Damage to cargo by collision. The plaintiffs, as owners of the cargo laden on board the vessel "Mary," of the port of , claim £ against the vessel "Jane" for damage done to the said cargo in a collision in the Irish Sea on the day of The foregoing may be combined. Damage to cargo otherwise. The plaintiff, as owner of goods laden on board the vessel "Mary" on a voyage from Lisbon to Dublin, claims from the owner of the said vessel £ , for damage done to the said goods during such voyage. The plaintiff, as sole owner of the vessel "Mary," of the port of claims to have possession adjudged to him of the said vessel. The plaintiff, as part owner of the vessel "Mary," claims against The plaintiffs, as the owners, master and crew of the vessel "Caroline," of the port of , claim the sum of £ , for salvage services rendered by them to the vessel "Mary," off the Fastnet Rock, on the day of The plaintiffs, as owners of the steam-tug "Jane," of the port of claim £ , for towage services performed by the said steam-tug to the vessel "Mary," on the day of . Seamens' wages. The plaintiffs, as seamen on board the vessel "Mary," claim £ for wages due to them. The plaintiffs claim £ for necessaries supplied to the vessel "Mary" at the port of Cork, delivered on the day of .____________________ PART IV. STATEMENT OF CLAIM. No. 1. HEADING OF STATEMENT OF CLAIM.____________________ THE HIGH COURT. Title of action as in Forms Nos. 2. Statement of claim. Delivered on the day of 19 , by E.F. of solicitor for the plaintiff [ or as the case may be To be filled up in manner exemplified in the following forms ].____________________ No. 2. EQUIPMENT AND NECESSARIES. 1. The plaintiff supplied necessaries and equipment and did repairs to the vessel "Mary," in the months of 19 , at the port of , on the order of Messrs. K.L. who were duly authorised in that behalf, the said vessel belonging to the port of. The plaintiff claims:— 1. £ (with interest thereon at per cent. per annum from the [ ] until judgment). 2. The condemnation of the defendant and his bail in the said sum.____________________ No. 3. 1. The plaintiffs are the owners, master and crew of the steamship "Irish Charter," of the port of Dublin, of the burthen of 1,300 tons gross registered tonnage and rendered salvage services to the steamship "Jane" off the coast of Norway on or about the day of . 2. [ Here set out particulars of the services and the circumstances under which the same were rendered (a) Value of "Jane" at the time of the services ... ... Value of cargo ... ... ... ... ... Freight ... ... ... ... ... (b) Value of "Irish Charter," her freight and cargo ... (c) Damage sustained by "Irish Charter" ... ... Extra coal consumed ... ... ... ... Paid for harbour dues, &c., at ... ... ... The plaintiffs claim such amount of salvage as may be just.____________________ No. 4. SHIPPER AGAINST MASTER ON A BILL OF LADING FOR DAMAGE TO GOODS. 1. The plaintiff has suffered damage by breach of contract by bill of lading of goods shipped by the plaintiff on board the "Jane" signed by defendant dated the 2. 50 bales of cotton were delivered in a damaged condition. Particulars of damage:— 50 bales at £ ... ... ... ... ... ... The plaintiff claims £____________________ No. 5. SHIPPER AGAINST SHIPOWNER ON A BILL OF LADING FOR DAMAGE AND SHORT DELIVERY. 1. The plaintiff has suffered damage by breach of contract by bill of lading of goods shipped by the plaintiff signed by the master of the ship "Mary" as the defendant's agent dated the 2. 50 quarters of wheat were delivered in a damaged condition and 100 quarters were not delivered. Particulars of damage:— 100 quarters at ... ... ... ... ... ... 50 quarters at ... ... ... ... ... ... The plaintiff claims £ PART V. DEFENCE. No. 1. HEADING OF DEFENCE. [Heading and title as in Form No. 1. of Part IV.]. Delivered on the day of 19 by of solicitor for the defendant. To be filled up in the manner exemplified in the following forms ].____________________ No. 2. EQUIPMENT AND NECESSARIES. 1. The equipment and repairs supplied and done were not necessaries and the claim is not a claim for necessaries within section 31 of the Court of Admiralty (Ireland) Act, 1867. 2.

The alleged necessaries were not supplied on the credit of the said vessel, but upon the personal credit of , who was the broker for the vessel and upon the agreement that the plaintiffs were not to have recourse to the vessel.____________________ No. 3. 1. The alleged services did not amount to salvage. 2. ( If the defendant made a tender, plead as required by Order 22). APPENDIX K. WARDS OF COURT. No. 1. HEADING FOR FORMS. THE HIGH COURT. WARDS OF COURT. 19 No. In the matter of [ continue as exemplified in the following forms No. 2. O. 67, r. 4(4) ORIGINATING PETITION FOR INQUIRY. Heading as in Form No. In the Matter of ., respondent To the President of the High Court [ Mr. Justice ]. The humble petition of , of showeth as follows: 1. , the respondent, is [ state his age, description, whether married or single ] and during the past twelve months has resided at [ state full particulars of residence during the period and give full postal address ]. He is [ state his religion, e.g., Catholic, member of the Church of Ireland, &c.] 2. He has during the past twelve months been under the care of (or residing with) [ state names, addresses, descriptions and religion 3. He has since [ state approximate date ] been of unsound mind and incapable of managing his person and property. He first showed signs of insanity about [ state time ] when he began [ state symptoms as known to petitioner 4. He has, at the petitioner's instance, been examined by two registered medical practitioners, whose affidavits deposing to his present mental condition are filed herewith. 5. The names, addresses, description and religion of his next-of-kin are as follows:— Set out individually 6. His property, the total estimated value of which is [ state approximately ] is as follows:— Set out 7. His total estimated income is [ state approximately 8. His debts, so far as the petitioner is aware, are as follows:— Set out 9. Your petitioner resides at [ full address ] and is [ give full description, stating religion ]. He presents this petition as [ state relationship to respondent, if any; if not related, of if there are nearer relatives, state reason why petitioner is presenting the petition 10. Your petitioner hereby undertakes, in case this petition is dismissed or not proceeded with, to pay the costs and expenses of any visitation of the respondent, or otherwise incident to the inquiry before your Lordship. Your petitioner therefore prays that an inquiry be had as to the soundness or unsoundness of mind of the respondent and his capacity or incapacity to manage his person and his property. And your petitioner will ever pray. Witness to signature of the said , solicitor. [Here insert affidavit of verification as in Form No. 3]. The petition is filed on behalf of of [ ], his solicitor.____________________ No. 3. O. 67, r. 4 (4) AFFIDAVIT OF VERIFICATION. , the petitioner named on the above written petition [ Sworn, &c. No. 4. O. 67, r. 8 ORIGINATING NOTICE OF PETITION FOR INQUIRY. A. [ To be indorsed on an attested copy of the petition and served on the respondent Heading as in Form No. In the matter of , respondent. Take notice that a petition, of which a copy is within written, was on the day of 19 , presented to the President of the High Court [ to Mr. Justice ] by me ( or C.D. of ] and that by virtue of and under the same, an inquiry has been provisionally ordered as to whether you are or are not of unsound mind and incapable of managing your person and property, but that you may, in case you think fit, object to any inquiry being had, or to any declaration being made that you are of unsound mind and incapable of managing your person and property, or demand that such inquiry be had before a jury, in which case a notice of such your objection or demand must be signed by you, and attested by your solicitor and transmitted to the Registrar of Wards of Court, Four Courts, Dublin, within seven days after your receipt of this notice. of [ or E.F. , solicitor for the petitioner B. [ To be served, if directed, on persons other than the respondent Heading as in Form No. In the matter of , respondent. , of Take notice that a petition was, on the day of 19 presented to the President of the High Court [ to Mr. Justice ] praying for an inquiry as to the soundness or unsoundness of mind of the respondent, , and that by an order, dated the day of 19 , his Lordship has directed that such inquiry be had. , solicitor for the petitioner , of ____________________ No. 5. O. 67, r. 9 ORIGINATING NOTICE OF ORDER ON REPORT UNDER SECTION 12. A. [ To be served on the respondent Heading as in Form No. In the matter of , respondent. Take notice that one of the medical visitors did, on the day of 19 , make a report to the President of the High Court [ to Mr. Justice ] that you are of unsound mind and incapable of managing your person and property; and take notice that, such report having been duly filed, the President [ Mr. Justice ] has directed that it shall stand and be proceeded upon as a petition presented in the matter of your alleged unsoundness of mind; and that therefore an inquiry has been provisionally ordered thereon by the President [ Mr. Justice ] as to whether or not you are of unsound mind and incapable of managing your person and property; but that in case you think fit to object to any inquiry being held, or to any declaration being made that you are of unsound mind and incapable of managing your person and property, or to demand that such inquiry may take place before a jury, a notice of such your objection or demand must be signed by you and attested by your solicitor and transmitted to the Registrar of Wards of Court, Four Courts, Dublin, within seven days after your receipt of this present notice. B. [ To be served, if directed, on persons other than the respondent Heading as in Form No. In the matter of , respondent. , of Take notice that by an order dated the day of 19 , the President of the High Court [ Mr. Justice ] directed that a report of one of the medical visitors should stand and be proceeded on as a petition presented in the matter of the alleged unsoundness of mind of the respondent , and that an inquiry be had as to his soundness of unsoundness of mind. The person to whom carriage is given by the Judge's order or, in default, the general solicitor .____________________ No. 6. O. 67, rr. 10 & 18 NOTICE OF OBJECTION TO AN INQUIRY OR DEMANDING THAT AN INQUIRY BE HAD BEFORE A JURY.____________________ Heading as in Form No. In the matter of , respondent. I, the above-named respondent, having been on the day of 19 , served with notice of the presentation of a petition for an inquiry [ the filing of a medical visitor's report which has been directed to stand and be proceeded on as an inquiry] and of an order thereon that an inquiry has been directed whether I am of unsound mind and incapable of managing my person and property, do hereby object to any such inquiry being had or to any declaration being made that I am of unsound mind and incapable of managing my person and property [ do hereby demand that such inquiry as aforesaid be had before a jury]. Dated (Signed) Witness to the signature of the said solicitor for the respondent.____________________ No. 7. O. 67, r. 12 NOTICE TO BE SERVED BY THE SOLICITOR FOR THE PETITIONER, OR SOLICITOR HAVING CARRIAGE, UPON THE RESPONDENT'S ATTESTING SOLICITOR.____________________ day of 19 . In the matter of , respondent. Take notice that the petition for inquiry [ the report directed to stand and be proceeded on as a petition for inquiry] in this matter has been set down for the directions of the President of the High Court [ Mr. Justice ] on the day of 19 ; and that the President [ Mr. Justice ] has been pleased to require the attendance of the respondent for personal examination at the President's Chamber, Four Courts, Dublin, on the same day at the hour of in the noon. , solicitor for the petitioner [ solicitor having carriage]. [Address]____________________ No. 8. O. 67, r. 21 ORIGINATING PETITION FOR ORDER UNDER SECTION 68.____________________ Heading as in Form No. In the matter of , respondent. To the President of the High Court [ Mr. Justice ]. The humble petition of of showeth as follows:— 1. , the respondent, is [ state his age, his description and whether he is married or single ] and during the past twelve months has resided at [ state full particulars of residence during the past twelve months, and give full postal address ]. He is [ state his religion, e.g. Catholic, member of the Church of Ireland, &c.]. 2. He has during the past twelve months been under the care of [ residing with] [ state names, addresses, descriptions and religion 3. He is of unsound mind and incapable of managing his affairs as appears from the certificate [ affidavit] of Dr. filed herewith. 4. The names, addresses, descriptions and religion of his next-of-kin are as follows:— Set out individually 5. His property is as follows:— Set out 6. His debts, so far as the petitioner is aware, are as follows:— Set out 7. Your petitioner resides at [ full address ] and is [ full description, stating religion ]. He presents this petition as [ state relationship to respondent, if any, if not related, or if there are nearer relations, state reason why petitioner is presenting the petition 8. The following members of his family are dependent on him:— Set out their names and circumstances 9. [ Here give any further particulars relating to the respondent and his affairs which may be relevant to the order sought 10. The total value of the respondent's property does not exceed £5,000 [ the annual income of his property does not exceed £300]. Your petitioner therefore prays that he may be appointed committee of the respondent's estate and that as such [ here set out petitioner's proposals for the management of respondent's affairs, e.g. that he may be at liberty to carry on and manage the respondent's business at ; to apply for and receive the respondent's pension; that for the purpose of providing for the immediate requirements of the respondent's dependants he may be at liberty to sell by auction the respondent's furniture and effects at present stored with and apply the proceeds accordingly; that he may be at liberty to apply any income of the respondent for his maintenance and benefit or for the maintenance of his wife and family or the education of his children, or for payment of premiums on life policies, &c.]. And your petitioner will ever pray. Witness to the signature of the said , solicitor. [Here insert affidavits of verification as in Form No. 3]. This petition is filed on behalf of the petitioner by of [ ], his solicitor. No. 9. O. 67, r. 22 ORIGINATING PETITION FOR ORDER UNDER SECTION 70.____________________ Heading as in Form No. In the matter of , respondent. To the President of the High Court [ Mr. Justice ]. The humble petition of , of showeth as follows:— 1. The respondent was, at the sitting of the Court at on the day of 19 , indicted for [ state very briefly the offence charged ] and, on being put on trial, was found to be insane and unfit to plead [ a special verdict was found that he was guilty of the said offence but was insane at time of its commission] and was accordingly ordered to be detained in custody until the pleasure of the Government should be known concerning him. He is [ state his age, description, religion and whether married or single 2. The respondent is now detained at [ state where ] and is still insane as appears by the certificate of Dr. usually the medical superintendent of the hospital where the respondent is detained 3. The respondent formerly resided at [ state particulars of residence 4. The names, addresses, descriptions and religion of his next-of-kin are as follows: [ set out individually 5. His property is as follows: [ set out ]. The estimated amount thereof is [ set out ] and of his income is [ set out 6. His debts, so far as the petitioner is aware are as follows [ set out 7. Your petitioner resides at [ full address ] and is [ full description, stating religion ]. He presents this petition as [ state relationship to respondent, if any; if not related, or if there are nearer relations, state reason why petitioner is presenting the petition 8. The following members of his family are dependent on him: [ set out their names and circumstances 9. [ Here give any further particulars relating to the respondent and his affairs which may be relevant to the order sought Your petitioner therefore prays that he may be appointed committee of the respondent's estate and [ here set out mutatis mutandis petitioner's proposals for the management of the estate as exemplified in Form No. And your petitioner will ever pray. Witness to the signature of the said , solicitor. Here insert affidavit of verification as in Form No. This petition is filed on behalf of the petitioner , by of [ ] his solicitor. No. 10. O. 67, r. 23 ORIGINATING NOTICE OF PETITION FOR ORDER UNDER SECTION 68 OR 70.____________________ To be indorsed on an attested copy of the petition and served upon the respondent Take notice that a petition of which a copy is within written was, on the day of 19 , presented to the President of the High Court [ to Mr. Justice ] and that in pursuance thereof orders may be made on the ground of your being of unsound mind and incapable of managing your affairs, for the purpose of rendering your property, or the income thereof, available for the maintenance of benefit of yourself (and your family) [ for carrying on your trade or business]; and that if you intend to object to such orders being made, notice of such your objection must be signed by you and attested by your solicitor and transmitted to the Registrar of Wards of Court, Four Courts, Dublin, within seven days from your receipt of the present notice. C.D., petitioner [or E.F., solicitor for the petitioner]. No. 11. ORIGINATING NOTICE UNDER ORDER 67, RULE 30 (c). Take notice that, on the day of 19 , one of the medical visitors did report to the Registrar of Wards of Court that you were of unsound mind and incapable of managing your affairs, and that the Registrar has directed that, in pursuance of such report, an application be made to the President of the High Court [ to Mr. Justice ]and that upon such application orders may be made, on the grounds of your being of unsound mind and incapable of managing your affairs, for the purpose of rendering your property or the income thereof, available for the maintenance of yourself (and your family) [ for carrying on your trade or business]; and that, if you intend to object to such orders being made, notice of such your objection should be signed by you and attested by your solicitor and transmitted to the Registrar of Wards of Court, Four Courts, Dublin, within seven days from your receipt of this present notice. E F. (solicitor having carriage) of [address]. No. 12. O. 67, r. 31 ORIGINATING PETITION FOR ORDER UNDER SECTION 103.____________________ Heading as in Form No. In the matter of ., respondent. To the President of the High Court [ Mr. Justice ]. The humble petition of ., of showeth as follows:— 1. ., the respondent is [ state his age, religion, description, whether married or single ] and during the past month has resided at [ state particulars as to residence 2. The names, addresses, descriptions and religion of his next-of-kin are as follows: [ set out individually 3. He has during the past month been under the care of ( residing with) [ state names, addresses, description and religion 4. His property is as follows: [ set out 5. The net estimated value of the said property is approximately [ set out ] and the clear net income thereof applicable to his maintenance and ordinary expenditure is [ set out ] per annum. 6. The respondent has become of weak mind and temporarily incapable of managing his affairs by reason of [ state the illness or injury occasioning the incapacity ]. It is probable that he will continue to be so incapable for a period of [ set out probable duration of incapacity 7. The presentation of this petition has become necessary by reason of the following circumstances: [ set out reason 8. It is proposed to appoint the petitioner ( or E.F., of) [ set out address, description, religion and occupation ] to be guardian of the respondent's person and property, whose undertaking in writing to act as such guardian if appointed and to give such security as may be required accompanies this petition. 9. Notices in this matter addressed to your petitioner may be served upon ., solicitor of [ 10. Your petitioner hereby undertakes, in case this petition is dismissed or not proceeded with, to pay the costs and expenses of any visitation of the respondent, or otherwise incident to the inquiry before the Court. Your petitioner therefore prays that he ( the said ) may be appointed guardian of the respondent's person and property and that as such guardian he may be at liberty to [ set out fully all directions sought as exemplified in the prayer in Form No. 8 And your petitioner will ever pray. [Here insert affidavit of verification as in Form No. 3]. This petition is filed on behalf of ., the petitioner, by ., solicitor of [ No. 13. O. 67, r. 35 ORIGINATING NOTICE OF PETITION UNDER SECTION 103.____________________ To be indorsed upon an attested copy of the petition and served on the respondent Take notice that a petition, of which a copy is within written, was, on the day of 19 , presented to the President of the High Court [ Mr. Justice ], by me [ .of ] and that the same having been filed will in due course be considered by the President [ Mr. Justice ] who may make an order thereon appointing a guardian of your person and property and giving such directions as he may deem expedient for the management of yourself and your affairs; and that before any such order is made one of the medical visitors will call on you to inquire as to the state of your health and as to the grounds, if any, for the presentation of the said petition. If you object to the making of any order as prayed in the said petition, a notice of such your objection must be signed by you and attested by your solicitor and transmitted to the Registrar of Wards of Court, Four Courts, Dublin, within four days of the visit of the medical visitor. solicitor for the petitioner .____________________ No. 14. O. 67, rr. 24, 30 & 36 NOTICE OF OBJECTION BY RESPONDENT TO THE MAKING OF AN ORDER UNDER SECTION 68,70, OR 103.____________________ In the matter of ., respondent. I, the respondent, having on the day of been served with notice of the presentation of a petition [ notice of an application by .] praying for an order respecting my property on the ground that I am of unsound mind and incapable of managing my affairs [ for an order appointing a guardian of my person and property on the ground that I am of weak mind and temporarily incapable of managing my affairs] do hereby object to any such order being made. Witness to the signature of the said solicitor for the respondent.____________________ No. 15. O. 67, r. 95 AFFIDAVIT OF SERVICE OF NOTICE OF ORIGINATING PETITION.____________________ Where service is personal. Heading as in Form No. In the matter of A.B., I, [ ] of [ ] aged years and upwards, make oath and say as follows:— 1. On the day of 19 , between the hours of and I personally served the respondent with notice of the petition herein. 2. I effected such service at [ set out the address at which service was effected ] by showing him personally an attested copy of the said petition with the appropriate notice thereon indorsed, and at the same time delivering to him in person and leaving with him a true copy of the same including the indorsement. 3. On the day of at aforesaid, being within days of such service I indorsed upon the said attested copy of the petition the hour and day of the week, month, and year of such service. 4. At the time of such service I was acquainted with the appearance of the respondent. 5. Before swearing this affidavit I have marked the said attested copy of the petition with the letter "A" and have indorsed my name thereon. Sworn &c. Where the service is not personal. Heading as in From No. In the matter of I [ ] of [ ] aged years and upwards, make oath and say as follows:— 1. On the day of 19 , between the hours of and I served the respondent with notice of the petition herein. 2. The respondent was at the time a patient resident in Mental Hospital [ resident at ]. 2. The respondent's usual [ last known] place of abode within the jurisdiction is [ set out address 3. I effected such service by showing personally to the Resident Medical Superintendent of the said Mental Hospital ( or other person in charge of the hospital or institution ] [ or an inmate of the dwellinghouse aged twenty-one years and upwards ] an attested copy of the said petition with the appropriate notice thereon indorsed and at the same time delivering to him in person a true copy of the same including the indorsement. Personal service could not be effected for the following reasons [ set them out 4. On the day of at aforesaid being within days of such notice, I indorsed upon the said attested copy of the petition the hour and the day of the week, month, and year of such service. 5. At the time of such service I was acquainted with the appearance of the said 6. Before swearing this affidavit I have marked the said attested copy of the petition with the letter "A" and have indorsed my name thereon. Sworn &c.____________________ No. 16. O. 67, r. 68 RETURN TO BE MADE BY COMMITTEE OF THE ESTATE.____________________ In the matter of ., a ward of Court. The committee [ receiver] of the estate of the ward is required to answer the following questions: 1. Is all the ward's property under the care of the receiver or committee acting as receiver in this case, and included in the accounts which are passed in the Court? Or invested under the orders of the Court? If not, give full particulars of any property requiring to be protected. 2. What was the estimated value on the 31st December last of all the property to which the ward is entitled absolutely? 3. What is the amount of all the charges against such property? 4. What is the gross annual income of the ward's property? (a) From dividends on Government stock standing to credit of this matter (b) From other property Total gross income 5. Amount of deductions from above. (a) Head and quit rents ... (b) Poor rates ... ... (c) Income tax ... ... (d) Receiver's fees ... ... (e) Costs of passing last account (if any) ... ... ( f) Interest on charges or annuities (if any) ... (g) Other annual ordinary expenses incidental to the management of the ward's estate ... ... ... Note.—Such expenses not to include maintenance of ward, allowances to relatives, or expenses of new buildings or extraordinary repairs or other extraordinary expenses. Total deductions ... Net annual income Amount applied Date of order for application Particulars (if any) of application of such amount 6. What is the present annual application of the net income of the ward? (a) For maintenance and support of ward (b) For maintenance and support of the following relatives or persons having claims on ward (1) (2) (3) (4) (c) Any other object 7. Is the ward's property now so managed as to produce the full income it should produce under good management? 8. Have you any suggestion to make as to its management, under the heads specified in question No. 4? 9. Does the ward get the fair benefit of the sum allowed for maintenance? 10. Are the arrangements for maintenance and care of the ward satisfactory? 11. Should any change be made in the way of increasing or reducing the sum allowed for maintenance, or in the way of regulating the mode of its application? 12. Are the relations of the ward, or the persons having claims on him, who have allowance for their education, support or advancement in life, still in the circumstances on account of which the allowance was originally made? 13. Are there any other relatives or persons who have equal or stronger claims for an allowance to be made to them? committee [or receiver] of the estate of the said ward. ____________________ No. 17. O. 67, r. 81 CONDITIONS OF SALE. PART 1. Applicable to sales by public auction only. 1. No person shall advance less than £ at each bidding. 2. The sale is subject to a reserve price for each of which has been fixed by the Registrar of Wards of Court, and the vendor reserves the right to bid up to the reserve price. 3. The purchaser shall immediately after the sale subscribe his name and address to the annexed memorandum of agreement. 4. The purchaser shall at the time of the sale pay a deposit of one-fourth of the purchase money to the auctioneer appointed by the Court to conduct the sale and to receive such deposit. 5. The Registrar will after the sale proceed to certify the result and day, the day of , 19 , at 11.30 o'clock in the forenoon is appointed as the time at which the purchaser may if he thinks fit attend personally or by solicitor before the Registrar at the Four Courts, Dublin, on the settlement of such certificate. The certificate will then be settled and thereupon become binding without further notice or expense to the purchaser. PART 2. Applicable to all sales. 6. The vendor is a ward of Court acting by the committee of his estate under the direction of the President of the High Court [ Mr. Justice ]. 7. The vendor shall within four days after such certificate as aforesaid has become binding, deliver to the purchaser or his solicitor an abstract of title subject to the stipulations contained in these conditions. The purchaser shall, within fourteen days after the actual delivery of the abstract (whether the same shall have been delivered within the above-mentioned four days or not), deliver at the Dublin office of the solicitor for the vendor a statement in writing of his objections and requisitions (if any) to or on the title as deduced: and within (seven) days after the delivery of the replies thereto, the purchaser shall likewise deliver a statement of his further objections or requisitions (if any) arising on such replies. If no such objection or requisition is so stated, the title shall be considered as approved and accepted, and every objection and requisition not so delivered shall be considered as absolutely waived notwithstanding any subsequent negotiation or litigation threatened, pending or concluded; and time is to be deemed to be of the essence of this condition as well in equity as at law. For the purpose of any objection or requisition, an abstract shall be deemed perfect if it supply the information suggesting the same, though otherwise defective. 8. If the purchaser shall make and insist on any objection or requisition as to title, conveyance or otherwise which the vendor shall be unable or unwilling to remove or comply with, such purchaser may be discharged from being purchaser by an order of the President of the High Court [ Mr. Justice ], and thereupon such purchaser shall be entitled to a return of his deposit, but shall not, unless otherwise ordered by the President, be entitled to any interest, costs, expenses or damages in respect of his purchase. 9. The purchaser shall, on a privity to be furnished to him by the solicitor for the vendor, pay into Court, on or before the day of , the balance of the purchase money (after taking credit for the amount paid as a deposit) to the credit described in the privity, and if the same is not so paid the purchaser shall pay interest at the rate of per cent. per annum on the unpaid balance of the purchase money from the date aforesaid to the day on which such balance is actually paid. Upon payment of the purchase money in manner aforesaid the purchaser is to be entitled to possession or to receipt of the rents and profits as from the day so appointed as aforesaid, down to which time all outgoings are to be paid by the vendor; and such rents, profits and outgoings are, if necessary, to be apportioned by the Registrar of Wards of Court, and for this purpose such rents, profits and outgoings shall be deemed to accrue from day to day. 10. If any error, mis-statement or omission shall be found in the particular the same shall not annul the sale or entitle the purchaser to be discharged from his purchase, but a reasonable compensation shall be allowed or paid by the vendor or purchaser as the case may be, and the amount of such compensation shall be settled as hereinafter provided. 11. Any questions arising on requisitions or objections, and any claim for compensation and any other question arising out of or connected with the contract for sale (not being a question affecting the existence or validity of the contract) shall be disposed of on an application to the President of the High Court [ Mr. Justice ] in the matter in which the order for sale has been made. —If the purchaser fail to comply with any of these conditions an order may be made by the President of the High Court [ Mr. Justice ] for the re-sale of the lot purchased by such purchaser, and for payment by the purchaser of the deficiency (if any) in the price obtained upon such re-sale, and of all costs and expenses occasioned by such default and for the forfeiture of such purchaser's deposit. MEMORANDUM OF AGREEMENT. I, of hereby declare that I have this day become the purchaser, subject to the foregoing conditions of sale of the property described in the annexed particulars for the sum of £ , and I have paid the auctioneer the sum of £ as a deposit in part payment of my purchase money, and I undertake to pay the remainder of my purchase money in accordance with the within conditions of sale. As witness my hand this day of 19 . Purchase money Less deposit Signature of purchaser...................................................... I confirm the above sale subject to the approval of the Court. ............................................................ .. Auctioneer. Name and address of purchaser's solicitor (if any).____________________ No. 18. O. 67, r. 92 DECLARATION, BY RELATIVE OF WARD DYING INTESTATE, FOR THE PURPOSE OF SECURING PAYMENT, WITHOUT TAKING OUT A GRANT OF ADMINISTRATION, OF THE RESIDUE OF FUNDS IN COURT.____________________ Heading as in Form No. In the matter of ., a ward of Court. I [ ] of [ ] do solemnly and sincerely declare as follows:— 1. I am the [ set out the degree of relationship to the deceased ward, e.g . widower, widow, father, son, &c., and state if nearest of kin ] of ., deceased, the above-named ward. 2. I am entitled to take out a grant of administration to his estate; and to receive the residue of the funds in Court to the credit of this matter. 3. The funeral expenses of the deceased ward have been paid. 4. The total value of the assets of the deceased ward, including the funds in Court, does not exceed £500. 5. I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Statutory Declaration Act, 1938; and I request that the residue of the funds to the credit of this matter in Court be paid out and remitted to me by post at the address stated below. We certify that ,who has signed the above declaration, is personally known to us, and that we believe his statements to be true. Signature.............................. To be signed by two householders resident in the town or county in which declarant resides. Address........................................ Signature..................................... Address........................................ Note.—the declaration may be made before a peace commissioner, commissioner to administer oaths, a notary public, or the Registrar of Wards of Court.____________________ No. 19. O. 65, r. 1 ORIGINATING SUMMONS TO HAVE MINOR TAKEN INTO WARDSHIP.____________________ Heading as in Form No. In the matter of ., a minor. To in the County of This summons is to require you to attend before the Registrar of Wards of Court at his Office at the Four Courts, Dublin, on the day of at o'clock in the forenoon at the hearing of this summons, when such order will be made and proceedings taken as the Court may think just and expedient. BY ORDER, Chief Justice of Ireland, the day of in the year of Our Lord, one thousand nine hundred and . This summons was issued on the application of . [ state relationship to minor ], who seeks an order that:— (1) The above-named minor be taken into wardship; (2) . or such other person as to the Court may seem fit be appointed guardian of the person of the said minor; (3) . or such other person as to the Court may seem fit be appointed guardian of the fortune of the said minor; (4) all necessary inquiries be made and directions given as to the maintenance, residence and education of the said minor and as to the management of his property and income; (5) the costs of the application be provided for. This summons will be grounded upon the affidavit of filed herein on the day of . This summons was issued by , whose registered place of business is at solicitor for the applicant who resides at and is . N.B.—This summons is required to be served not less than six days before the return day mentioned herein (exclusive of the day of service), save in so far as may be otherwise directed. APPENDIX L No. 1. O. 70, r. 1 THE HIGH COURT 19 Between A.B., and C.B., To the High Court. The humble petition of ., of , showeth as follows: 1. Your petitioner was on [ ] lawfully married to the respondent, ., then . (spinster widow) at the church of at . 2. Your petitioner and the said . are respectively domiciled in Ireland, and were at the date of the marriage domiciled in . 3. After his said marriage your petitioner lived and cohabited with his said wife at and at and that there were children of the marriage. 4. On the day of 19 , and on other days between that day and , the said ., at in the County of , and at other places at present unknown particularly to your petitioner, committed adultery with 5. During the months of January, February and March, 19 , the said . frequently visited the said . at and on divers of such occasions committed adultery with the said 6. Your petitioner resides at and is :and that the said . resides at . Your petitioner therefore humbly prays that this Honourable Court will be pleased to decree: [ here set out the relief sought And that your petitioner may have such further and other relief in the premises as to this Court may seem meet. [Petitioner's signature] [Counsel's signature] No. 2. O. 70, r. 6 CITATION.____________________ Heading as in Form No. ., of . of, &c. claiming to have been lawfully married to has filed his petition against in the High Court, praying for wherein he alleges that you have been guilty of adultery [ to have been guilty of cruelty towards the said or as the case may be ]: Now this is to command you, that within eight days after service hereof on you, inclusive of the day of such service, you do appear in the High Court then and there to make answer to the said petition, a copy whereof, sealed with the seal of the High Court is herewith served upon you. And take notice that in default of your so doing the High Court will proceed to hear the said charge [ charges] proved in due course of law, and to pronounce, sentence therein, your absence notwithstanding. And further take notice, that for the purpose aforesaid, you are to attend in person, or by your solicitor, at the Central Office, Four Courts, Dublin, and there to enter an appearance, without which you will not be allowed to address the Court, either in person or by counsel, at any stage of the proceedings. Registrar.____________________ No. 3. O. 70, r. 11 CERTIFICATE OF SERVICE.____________________ This citation was duly served by the undersigned on the within named ., of at on the day of 19 . (Signed)____________________ No. 4. O. 70, r. 15 AFFIDAVIT OF SERVICE OF CITATION.____________________ Heading as in Form No. ., of aged years and upwards, make oath and say as follows:— 1. The citation, bearing date the day of 19 , issued under seal of the High Court against ., the respondent, in this cause and now hereunto annexed, marked with the letter A, was duly served by me on the said ., at in the County of by showing to her the original under seal and by leaving with her a true copy thereof, on the day of 19 . 2. At the same time and place I delivered to the said ., personally a certified copy, under seal of the High Court, of the petition filed in this cause, and I was at the time aforesaid acquainted with the appearance of the said Sworn, &c. No. 5. O. 70, r. 16 ENTRY OF AN APPEARANCE.____________________ Heading as in Form No. Fill in as exemplified in Form No. 1 in Appendix A Part II. No. 6. O.70, r. 20 ANSWER.____________________ Heading as in Form No. The respondent . by ., her solicitor [ in person], in answer to the petition filed in this cause, says as follows: 1. She denies that she committed adultery with ., as set forth in the said petition. 2. On the day of 19 , and on other days between that day and , the said . at in the County of , committed adultery with In like manner respondent is to state connivance, condonation, or other matters relied on as a ground for dismissing the petition Wherefore this respondent humbly prays that this Honourable Court will be pleased to reject the prayer of the said petition and decree, &c. (Signed)____________________ No. 7. O. 29, r. 7. BOND FOR SECURING WIFE'S COSTS.____________________ Know all men by these presents that we, . of, &c., . of, &c., and . of, &c., are held firmly bound unto the Master of the High Court in the penal sum of pounds to be paid to ., solicitor for ., and for which payment to be well and truly made we bind ourselves and each of us for the whole our heirs, executors or administrators firmly by these presents. Sealed with our seals. Dated the day of 19 . Whereas a certain cause is now depending in the High Court between ., petitioner, of the one part, and ., respondent, of the other part. And whereas the Taxing Master has by a certificate under his hand made in the cause on the day of 19 , certified that pounds was a sufficient sum to be paid into Court to cover the costs of the said respondent (or petitioner) of and incidental to the hearing of the said cause [ or otherwise as in the Taxing Master's certificate ] or that a bond under the hand and seal of the said ., and of two sufficient sureties in the penal sum of pounds, conditioned for the payment of such costs of the said ., as shall be certified to be due and payable by the said . not exceeding the said sum of pounds [ or otherwise as in certificate ] with hours notice of such sureties to the solicitor of the said . was a sufficient security to be given for the costs aforesaid. Now the condition of this bond is such that if the above bounden ., his heirs, executors or administrators shall well and truly pay or cause to be paid to the above-named ., his heirs, executors, administrators, or assigns the full sum of or the lawful costs of the said ., the respondent [ petitioner] of and incidental to the hearing and trial of this cause [ or otherwise as in certificate ] to the extent of pounds, then this bond is to be void and of no effect, otherwise to remain in full force and effect. Signed, sealed and delivered, &c.____________________ No. 8. O. 70, r. 32(7) CERTIFICATE OF IDENTIFICATION.____________________ Heading as in Form No. At on day the day of 19 , before the undersigned Registrar personally appeared of who were appointed by order of the High Court dated as inspectors to examine the parts and organs of generation of the petitioner, in the cause, and also of the respondent, in the cause, and to report thereon and were duly sworn to inspect and report according to the terms of the oath usually administered in such cases. There appeared personally the said the petitioner, and the said , the respondent, who were identified by their respective solicitors and who in the presence of the said inspectors and of the said Registrar of the High Court and in the presence of their respective solicitors acknowledged themselves to be the petitioner and the respondent respectively in the cause. No. 9. O. 70, r. 32 (7) OATH OF MEDICAL INSPECTORS. Heading as in Form No. We are the medical inspectors appointed in a cause in the High Court in which is petitioner and is respondent, to examine the parts and organs of generation of the said petitioner, and also of the said respondent. We respectively swear by Almighty God that we will faithfully and to the best of our skill inspect the parts and organs of generation of the said the petitioner, and also of the said the respondent and make a just and true report in writing whether he the said is capable of performing the act of generation, and if incapable, whether such incapacity can be relieved or removed by art or skill and also whether she the said hath or hath not any impediment on her part to prevent the consummation of marriage, and whether such impediment (if any) can be relieved or removed by art or skill and that we will send such report under our hands in a sealed envelope by registered post to the Master of the High Court, Four Courts, Dublin. SWORN by the said inspectors at on day the day of , 19 , before me a Registrar of the High Court. ............................................... Registrar. APPENDIX M WINDING UP OF COMPANIES. No. 1. O. 74, r. 5 TITLE OF PROCEEDINGS. THE HIGH COURT 19 No. Mr. Justice. In the matter of ( insert full name of company ) and in the matter of the Companies Act, 1963 the words "in liquidation" should be inserted after the name of the company in forms used subsequent to the date of the order or resolution to wind up No. 2. O. 74, r. 7. PETITION (GENERAL FORM) Title as in Form No. To the High Court. The humble petition of ( insert full name and address of petitioner stating whether a creditor or a contributory ) shows as follows: 1. The Company Limited (hereinafter called "the company") was incorporated in the State under the Companies (Consolidation) Act, 1908 1908 1959 or under the Companies Act, as the case may be ) in the month of 19 . 2. The registered office of the company is at 4. The objects for which the company was established are: ( ) to and other objects set forth in the memorandum of association thereof. 5. ( Your petitioner therefore prays: (1) That the Company Limited may be wound up by the Court under the provisions of the Companies Act, 1963 (2) Or that such other Order may be made on this petition as shall be just. NOTE:—It is intended to serve this petition on ( here insert the name of the company ) ( this note will be unnecessary if the company is the petitioner ). No. 3. O. 74, r. 7. PETITION BY UNPAID CREDITOR ON SIMPLE CONTRACT DEBT. Title as in Form No. 1, 2, 3 as in Form No . 2. 5. The company is indebted to your petitioner in the sum of £ for ( state the consideration for the debt with particulars to establish that debt claimed is due ). 6. On the day of , 19 , your petitioner served on the company by leaving the same at the registered office thereof as aforesaid a demand under his hand calling on the company to pay the said sum which demand was in the following terms: 7. More than three weeks have now passed since the demand was made but the company has neglected to pay or satisfy the said sum in whole or in part or to make any offer to your petitioner to secure or compound the same. 8. The company is [insolvent and] unable to pay its debts. 9. In the circumstances it is just and equitable that the company should be wound up. Your petitioner therefore, etc. (as in Form No. 2 ). NOTE:—It is intended to serve this petition &c. No. 4. O. 74, r. 7. PETITION FOR ORDER WHERE THE POWERS OF THE DIRECTORS ARE BEING EXERCISED IN A MANNER OPPRESSIVE TO A MEMBER. Title as in Form No. 1, 2, 3 as in Form No. 2. 6. The said A.B. died on the day of ,having appointed his widow, G.H. the petitioner to be the sole executrix of his last will. 7. By clauses and of the articles of the association of the company it is provided: set out the clauses relating to registration of executors and of transfers and for the remuneration of the directors ). 10. Since the date of the death of the said A.B. no dividends have been paid by the company although the balance sheets and profit and loss accounts have shown considerable profits. 13. It is just and equitable that the company should be wound up) Your petitioner therefore &c. ( as in Form No. 2 ). NOTE:—It is intended to serve this petition &c. No. 5. O. 74, r. 10 (2) ADVERTISEMENT OF PETITION. Title as in Form No. Name of Company Notice is hereby given that a petition for the winding up of the above named company by the High Court was on the day of 19 presented to the High Court by the said company whose registered office is at............................. ( by A.B. of ) a creditor [or contributory] of the said company [ or as the case may be ] and that the said petition is directed to be heard before Mr. Justice on the day of , 19 and that any creditor or contributory of the said company who wishes to support or oppose the making of an order on the said petition may appear at the time of hearing by himself or his counsel for that purpose and a copy of the petition will be furnished to any creditor or contributory of the said company who requires it by the undersigned on payment of the regulated charge for the same. Solicitor for the petitioner. NOTE:—Any person who intends to appear at the hearing of the said petition must serve on or send by post to the above-named petitioner or his solicitor, notice in writing of his intention to do so. The notice must state the name and address of the person or if a firm the name and address of the firm and must be signed by the person or firm, or his or their solicitor (if any) and must be served or, if posted, must be sent by post in sufficient time to reach the above-named solicitor or the petitioner not later than 5 o'clock in the afternoon of the day of , 19 .____________________ No. 6. O. 74, r. 12. AFFIDAVIT VERIFYING PETITION.____________________ Title as in Form No. I, A.B., of make oath and say as follows:— 1. I beg to refer to a copy of the petition herein upon which marked with the letter "A" I have signed my name before swearing this affidavit. Sworn, &c.____________________ No. 7. O. 74, r. 12. AFFIDAVIT VERIFYING PETITION OF A COMPANY.____________________ Title as in Form No. I, A.B. of , make oath and say as follows:— 1. I am (a director) (the secretary) of Limited, the petitioner in the above matter and am duly authorised by the said petitioner to make this affidavit on its behalf. 2. The said petitioner is a company incorporated in the State ( the said petitioner is a company incorporated in England, as the case may be ). 3. Such of the statements in the petition now produced and shown to me and marked with the letter "A" as relate to the act s and deeds of the said petitioner are true and such of the statements as relate to the act s and deeds of any other person or persons I believe to be true. Sworn, &c.____________________ No. 8. O. 74, r. 15. NOTICE OF INTENTION TO APPEAR ON PETITION.____________________ Title as in Form No. Take notice that of a creditor for £ of ( a contributory holding [ ] in) the above-named company, intends to appear at the hearing of the petition advertised to be heard on the day of 19 and to support [or oppose] such petition. (Address)____________________ No. 9. O. 74, r. 16. LIST OF PARTIES ATTENDING THE HEARING OF A PETITION.____________________ Title as in Form No. The following are the names of those who have given notice of their intention to attend the hearing of the petition herein on the day of 19 .

Name and address of solicitor Creditors' amount of debt No. 10. O. 74, r. 20. ORDER FOR WINDING UP BY THE COURT. Title as in Form No. day, the day of , 19 . Upon the petition of A.B. of a creditor [ contributory] of the above-named company, presented to the High Court on the day of , 19 , and upon hearing counsel for the petitioner, and for and upon reading the said petition, an affidavit of . filed the day of , 19 , Iris Oifigiúil of the day of , 19 , the newspaper of the day of , 19 , each containing an advertisement of the said petition [ enter any other evidence ], it is ordered that the said company be wound up by the Court under the provisions of the Companies Act, 1963 [Insert notice prescribed by rule 20]. No. 11. O. 74, r. 20. ADVERTISEMENT OF ORDER TO WIND UP. Title as in Form No. By an order made in the above matter dated the day of 19 on the petition of of it was ordered that [ name of company ] be wound up by the Court. Solicitor for the petitioner.____________________ No. 12. O. 74, r.32. ORDER APPOINTING AN OFFICIAL LIQUIDATOR.____________________ Title as in Form No. day, the day of , 19 . Upon the application and &c. and upon reading &c., the Court doth appoint of to be the Official Liquidator of the above named company And it is ordered that the said do, on or before the day of , next give security to be approved of by the Court and for this purpose an enquiry be held by the Examiner as to what is the proper amount of security to be given by the said Official Liquidator And it is ordered that the said do, on the day of , and on the same day in each succeeding year, leave his accounts at the Examiner's Office And it is ordered that all moneys ( all moneys in excess of £ ) to be received by the said be paid by him into the Bank of Ireland to the credit of the account of the Official Liquidator of the said company within seven days after the receipt thereof.____________________ No. 13. O.74, r. 27. STATEMENT OF AFFAIRS.____________________ Title as in Form No. [Name of company] Statement of affairs on the day of , 19 , the date of the winding up order made in this matter. I, of make oath and say that the statement of affairs attached hereto, upon each page of which I have signed my name, and the several lists thereunto annexed, upon each of which said lists I have signed my name, are to the best of my knowledge and belief a full true and complete statement of the affairs of the above-named company on the said day of , 19 and that immediately prior to the said order the company carried on the following businesses at the following addresses Sworn, &c. STATEMENT OF AFFAIRS OF I. ASSETS. Estimated realisable value (1) ASSETS SPECIFICALLY CHARGED (as per List "A") Freehold property ... ... ... ... Leasehold property ... ... ... ... Other property, viz. ... ... ... ... TOTAL... ... ... (2) ASSETS NOT SPECIFICALLY CHARGED (as per List "B") Balance at bank ... ... ... ... ... Cash in hand ... ... ... ... ... Marketable securities ... ... ... ... Bills receivable ... ... ... ... ... Trade debtors ... ... ... ... ... Loans and advances ... ... ... ... Unpaid calls ... ... ... ... ... Stock in trade ... ... ... ... ... Work in progress ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Freehold property ... ... ... ... Leasehold property ... ... ... ... Lorries and motor vehicles ... ... ... Other plant and machinery ... ... ... Furniture, fittings, utensils, &c. ... ... ... Patents and trade marks ... ... ... ... Investments other than marketable securities ... Other property, viz. ... ... ... ... TOTAL ... ... ... ... (3) GROSS ASSETS: specifically charged (as at (1) above) ... ... not specifically charged (as at (2) above) ... ... TOTAL... ... ... II. LIABILITIES. (1) CREDITORS SECURED by assets specifically charged (as per List "A"): (Amounts claimed to be due: £ ): ... ... Extent to which claims are estimated to be covered by assets specifically charged ... ... ... (2) PREFERENTIAL CREDITORS (as per List "C"): Amounts for which preference is claimed ... ... (3) DEBENTURE HOLDERS secured by floating charge (as per List "D"): Amounts claimed to be due after deducting any sums estimated (at (1) above) to be covered by assets specifically charged ... ... ... ... (4) UNSECURED CREDITORS (as per List "E"): Amounts claimed to be due including unsecured balance of claims of creditors secured by assets specifically charged ... ... ... ... GROSS LIABILITIES ... ... III. SUMMARY OF ASSETS ESTIMATED TO BE AVAILABLE TO MEET CREDITOR'S CLAIMS GROSS ASSETS— Total (as at I (3) above) .. deduct amounts due to SECURED CREDITORS to extent to which claims are estimated (at II (1) above) to be covered by assets specifically charged Balance available for preferential creditors .. deduct amounts claimed to be due to PREFERENTIAL CREDITORS (as at II (2) above) Balance available for debenture holders secured by a floating charge .. .. .. deduct amounts due to such DEBENTURE HOLDERS (as at II (3) above) .. .. .. Balance available for unsecured creditors .. deduct amounts claimed to be due to UNSECURED CREDITORS (as at II (4) above) .. .. ESTIMATED SURPLUS/DEFICIENCY (i) The foregoing estimates are subject to the costs of winding up and to any surplus or deficiency on trading pending realisation of the assets. (ii) There is no unpaid capital liable to be called up The nominal amount of unpaid capital liable to be called up is £ estimated to produce £ , which is/is not charged in favour of debenture holders. LIST "A"—ASSETS SPECIFICALLY CHARGED AND CREDITORS FULLY OR PARTLY SECURED (NOT INCLUDING DEBENTURE HOLDERS SECURED BY A FLOATING CHARGE). Statement of affairs List "A" The names of the secured creditors are to be shown against the assets on which their claims are secured, numbered consecutively, and arranged in alphabetical order as far as possible. Particulars of assets specifically charged Date when security given Estimated value of security Name of creditor Amount of debt Date when contracted Balance of debt unsecured carried to List "E" or List "D" Estimated surplus from security LIST "B"—ASSETS NOT SPECIFICALLY CHARGED. Statement of affairs List "B" Full particulars of every description of property not specifically charged and not included in any other list are to be set forth in this list. Full statement and nature of property Book value Estimated to produce State name of bankers Balance at Bank .. .. .. .. .. Cash in hand .. .. .. .. .. .. Marketable securities, viz. .. .. .. .. Bills receivable .. .. .. .. .. Trade debtors (as per Schedule hereto) .. .. .. Loans and advances, viz. .. .. .. .. .. Unpaid calls .. .. .. .. .. .. State nature Stock in trade .. .. .. .. .. .. State nature Work in progress .. .. .. .. .. Freehold property, viz. .. .. .. .. .. Leasehold property, viz. .. .. .. .. .. Lorries and motor cars, viz. .. .. .. .. Other plant and machinery .. .. .. .. Furniture, fittings, utensils, &c. .. .. .. .. Patents and trade marks .. .. .. .. .. Investments other than marketable securities, viz. .. .. Other property and assets .. .. .. .. SCHEDULE OF TRADE DEBTORS. Statement of affairs— The names to be arranged in alphabetical order and numbered consecutively. Schedule I to List "B". NOTE:—If the debtor to the company is also a creditor but for a less amount than his indebtedness, the gross amount due to the company and the amount of the contra account should be shown in the third column and the balance only be inserted under the heading "Amount of debt" thus: Due to company .. .. £ Less: Contra account .. .. .. No such claim should be included in List "E". Amount of debt Folio of ledger or other book where particulars to be found When contracted month and year Estimated to produce Particulars of any securities £ . £ . £ . LIST "C"—PREFERENTIAL CREDITORS FOR RATES, TAXES, SALARIES, WAGES, WORKMENS COMPENSATION, DAMAGES AND OTHERWISE. Statement of affairs List "C". The names to be arranged in alphabetical order and numbered consecutively. When the amount of the claim is unascertained write unascertained in column headed "Amount of claim". Name of creditor Nature of claim Amount of claim Amount payable in full Balance not preferential carried to List "E" LIST "D"—DEBENTURE HOLDERS SECURED BY A FLOATING CHARGE, Statement of affairs List "D" The names to be arranged in alphabetical order and numbered consecutively. Separate lists should be furnished of holders of each issue of debentures, if more than one issue has been made. Name of holder Description of assets over which security extends LIST "E"—UNSECURED CREDITORS. Statement of affairs List "E" The names to be arranged in alphabetical order and numbered consecutively. NOTE:—When there is a contra account against the creditor less than his claim against the company, the amount of the creditors claim and the amount of the contra account should be shown in the third column and the balance only inserted under the heading "Amount of debt", thus:— Total amount of claim .. .. Less: Contra account .. .. .. No such set off should be included in the Schedule to trade debtors attached to List "B". Amount of debt Date when contracted Unsecured balance of creditors partly secured—brought from List "A" Balance not preferential of preferential creditors—brought from List "C". No. 14. O.74, r. 50. NOTICE TO CREDITORS OF FIRST MEETING.____________________ Title as in Form No. (Under the order for winding up the above named company, dated the day of , 19 Notice is hereby given that the Court has directed a meeting of creditors of the above company and that such meeting will be heldat on the day of , 19 at o'clock in the noon. Your proof must be lodged with me not later than o'clock on the day of , 19 if you wish to vote at this meeting. The purpose of the meeting is to determine by resolution whether or not an application should be made to the Court for the appointment of a committee of inspection to act with the Official Liquidator, and who are to be the members of the committee if appointed. Forms of proof and of general and special proxies are enclosed herewith. Proxies to be used at the meeting must be lodged with at in the County of not later than o'clock on the day of , 19 . Official Liquidator.____________________ No. 15. O.74, r. 50. NOTICE TO CONTRIBUTORIES OF FIRST MEETING.____________________ Title as in Form No. Notice is hereby given that the Court has directed a meeting of contributories of the above named company and the such meeting will be held at on , the day of , 19 at o'clock in the noon. The purpose of the meeting is to determine by resolution whether or not an application should be made to the Court for the appointment of a committee of inspection to act with the Liquidator and who are to be the members of the committee if appointed. Forms of general and special proxies are enclosed herewith. Proxies to be used at the meeting must be lodged with at in the County of not later than o'clock on the day of , 19 . A member entitled to attend and vote at the above meeting is entitled to appoint a proxy to attend, speak and vote instead of him. A proxy need not be a member of the company. Official Liquidator. No. 16. O. 74, r. 55(1). NOTICE OF MEETING OF CREDITORS DIRECTED BY THE COURT.____________________ Title as in Form No. Notice is hereby given that the Court has directed a meeting of the creditors of the above named company to be summoned for the purpose of ascertaining their wishes as to ( state the object for which the meeting is called unless the notice is by advertisement, in which case say , certain matters relating to the winding up of the said company) and that such meeting will be held on day the day of , 19 at o'clock in the noon at at which time and place all the creditors of the said company are requested to attend. (The Court has appointed H.T. of to act as chairman of such meeting.) Forms of general and special proxies are enclosed herewith. Proxies to be used at the meeting must be lodged with in the County of not later than o'clock on day the day of , 19 . Official Liquidator.____________________ No. 17. O. 74, r. 55(1). NOTICE OF MEETING OF CONTRIBUTORIES DIRECTED BY THE COURT.____________________ Title as in Form No. Notice is hereby given that the Court has directed a meeting of the contributories of the above named company to be summoned for the purpose of ascertaining their wishes as to ( state the objects for which the meeting is called unless the notice is by advertisement, in which case say , certain matters relating to the winding up of the said company) and that such meeting will be held on day the day of , 19 at o'clock in the noon at at which time and place all the contributories of the said company are requested to attend. The Court has appointed A.B. of to act as chairman of such meeting. Forms of general and special proxies are enclosed herewith. Proxies to be used at the meeting must be lodged with in the County of not later than o'clock on daythe day of , 19 . A member entitled to attend and vote at the above meeting is entitled to appoint a proxy to attend, speak and vote instead of him. A proxy need not be a member of the company. Official Liquidator. No. 18. O. 74, r. 55 (2). MEMORANDUM OF APPOINTMENT OF CHAIRMAN OF MEETING.____________________ Title as in Form No. The Court has appointed A.B. of one of the creditors [ contributories] of the above named company to act as chairman of the meeting of the creditors [ contributories] of the said company summoned by direction of the Court to be held on day the day of , 19 at o'clock in the noon at and to report the result of such meeting to the Court. Registrar/Examiner.____________________ No. 19. O. 74, r. 55(2). CHAIRMAN'S REPORT OF RESULT OF MEETING.____________________ Title as in Form No. I, the person appointed by the Court to act as chairman of a meeting of the creditors ( contributories) of the above named company summoned by advertisement ( notice) dated the day of , 19 and held on the day of , 19 at do hereby report to the Court the result of such meeting as follows: The said meeting was attended, either personally or by proxy by creditors whose claims against the said company have been allowed amounting in the whole to £ [ The question submitted to the said meeting was, whether the creditors [ contributories] of the said company approved of the proposal of the Official Liquidator of the said company that ( as the case may be ) and whether they wished that such proposal should be adopted and carried into effect. The said meeting was unanimously of opinion that the said proposal should [ , should not] be adopted and carried into effect. The result of the voting upon such question was as follows:— The undermentioned creditors [ contributories] voted in favour of the said proposal being adopted and carried into effect:— Name of creditor [or contributory] Number of votes conferred on each contributory by the regulations of the company The undermentioned creditors [ contributories] voted against the said proposal being adopted and carried into effect:— Name of creditor [or contributory] Number of votes conferred on each contributory by the regulations of the company Dated (Signed) Chairman.____________________ No. 20. O. 74, r. 73 (2). LIST OF CREDITORS (OR CONTRIBUTORIES) TO BE USED AT EVERY MEETING.____________________ Title as in Form No. Meeting held at this day of 19 . Consecutive No. Names of creditors [or contributories] present or represented Amount of proof (a) In person Total number of creditors No. 21. O. 74, r. 75. GENERAL PROXY.____________________ Title as in Form No. I/We, of a creditor [ contributory] hereby appoint (1) to be my/our general proxy to vote at the meeting of creditors [ contributories] to be held in the above matter on the day of , 19 or at any adjournment thereof. (Signed) (2) (1) The person appointed general proxy may, in a winding up by the Court be the Official Liquidator or such other person as the creditor [ contributory] may appoint and in a voluntary winding up may be the Liquidator or if there is no Liquidator, the chairman of the meeting or such other persons as the creditor [ contributory] may appoint. The proxy form should be altered accordingly. (2) If a firm, sign the firms trading name and add "by A.B. a partner in the said firm." If the appointor is a corporation, then the form of proxy must be under its common seal or under the hand of some officer duly authorised in that behalf and the fact that the officer is so authorised must be so stated. (3) The proxy form when signed must be lodged by the time and at the address stated for that purpose in the notice convening the meeting at which it is to be used.____________________ No. 22. O. 74, r. 75. SPECIAL PROXY.____________________ Title as in From No. I/We, of a creditor [ contributory] hereby appoint (1) as my/our proxy at the meeting of creditors [ contributories] to be held on the day of , 19 or at any adjournment thereof to vote ( ) ................ the resolution No. ( ) ......................... in the notice convening the said meeting. Here insert the word "for" or the word "against" as the case may require. Specify the particular resolution. Dated (Signed) (2) (1) The person appointed proxy may, in a winding up by the Court, be the Official Liquidator or such other person as the creditor or contributory may appoint, and in a voluntary winding up, the Liquidator or if there is no Liquidator the chairman of a meeting or such other person as the creditor or contributory may appoint. The proxy form should be altered accordingly. A creditor or contributory may give a special proxy to any person to vote at any specified meeting or adjournment thereof on all or any of the following matters:— )for or against the appointment or continuance in office of any specified person as Official Liquidator or as a member of the committee of inspection; ) on all questions relating to any matter, other than those above referred to, arising at a specified meeting or adjournment thereof. (2) If a firm, sign the firm's trading title and add "by A.B. a partner in the said firm". If the appointor is a corporation, then the form of proxy must be under its common seal or under the hand of some officer duly authorised in that behalf, and the fact that he is so authorised must be so stated. (3) The proxy form when signed must be lodged by the time and at the address named for that purpose in the notice convening the meeting at which it is to be used.____________________ No. 23. O. 74, r. 84 (2). Title as in Form No. Pursuant to an order of the Court dated the day of , 19 I, the Liquidator of the above named company, hereby disclaim all interest in the lease dated the day of , 19 whereby the premises ( insert description of the property disclaimed ) were demised to at a rent of £ per annum for a term of . In witness whereof I, the Liquidator of the above named company have hereunto set my hand and affixed my seal this day of ,19 .____________________ No. 24. O. 74, r. 84. (2). Title as in Form No. Take notice that, pursuant to an order of the Court, dated the day of , 19 I, the Liquidator of the above named company, by writing under my hand and seal bearing date the day of , 19 discalimed all interest in the lease dated the day of , 19 whereby the premises ( insert description of the property disclaimed Official Liquidator. (address)____________________ No. 25. O. 74, r. 86. AFFIDAVIT IN SUPPORT OF LIST OF CONTRIBUTORIES.____________________ Title as in Form No. I, of , the Official Liquidator of the above named company, make oath and say as follows: extent of interest) to be attributed to each; and such list is, to the best of my knowledge, information and belief, a true and accurate list of the contributories of the said company so far as I have been able to make out and ascertain the same. (2) I have, in the first part of the said list, distinguished the persons who are contributories in their own right. (3) I have, in the second part of the said list, distinguished the persons who are contributories as being representatives of, or being liable for the debts of others. Sworn &c.____________________ No. 26. O. 74, r. 87. LIST OF CONTRIBUTORIES REFERRED TO IN FORM No. 25.____________________ Title as in Form No. This list of contributories marked "A" was produced and shown to and is the same list of contributories as is referred to in his affidavit sworn before me this day of , 19 . FIRST PART—CONTRIBUTORIES IN THEIR OWN RIGHT. Serial No. Date when included in the list Amount called up Amount paid up SECOND PART—CONTRIBUTORIES AS BEING REPRESENTATIVES OF OR LIABLE FOR THE DEBTS OF OTHERS. Serial No. In what character included Amount called up Amount paid up No. 27. O. 74, r. 87. NOTICE TO CONTRIBUTORIES OF APPOINTMENT TO SETTLE LIST OF CONTRIBUTORIES.____________________ Title as in Form No. extent of interest] stated below; and if no sufficient cause is shown by you to the contrary at the time and place aforesaid, you will be included in the list then settled. Official Liquidator. No. on list In what character included Amount called up Amount paid up No. 28. O. 74, r. 92. NOTICE OF MOTION FOR CALL.____________________ Title as in Form No. Take notice that on day the day of ,19 or if upon any particular class specify it ) of the said company, which application will be based on the addidavit of the Official Liquidator (a copy of which is served herewith), the documents therein referred to, the return of the case and the reasons to be offered. Solicitor for the Official Liquidator. To____________________ No. 29. O. 74, r. 92. AFFIDAVIT OF OFFICIAL LIQUIDATOR IN SUPPORT OF APPLICATION FOR A CALL.____________________ Title as in Form No. I, of , the Official Liquidator of the above named company make oath and say as follows: 1. I have in the schedule marked "A" upon each page of which I have signed my name before swearing this affidavit, set forth a statement showing the amount due in respect of the debts allowed against the said company, and the estimated amount of the costs, charges and expenses of and incidental to the winding up thereof and which said several amounts in the aggregate are £ or thereabouts. 2. I have also in the said schedule set forth a statement of the assets in hand belonging to the said company amounting to the sum of £ and no more. There are no other assets belonging to the said company except the amount due from some of the contributories of the said company, and to the best of my knowledge and belief it will be impossible to realise more than the sum of £ or thereabouts in respect of the said amounts. 4. For the purpose of satisfying the several debts and liabilities of the said company and paying the costs, charges and expenses of and incidental to the winding up thereof I believe that the sum of £ will be required in addition to the amount of the assets of the said company mentioned in the said schedule and the said sum of £ . Sworn &c.____________________ No. 30. O. 74, r. 92. ADVERTISEMENT OF INTENDED CALL.____________________ Title as in Form No. Pursuant to an order dated the Court has appointed the day of for the hearing of an application by the Official Liquidator of the above named company for an order that a call be made on all the contributories of the said company [ or as the case may be Examiner.____________________ No. 31. O. 74, r. 93. NOTICE TO BE SERVED WITH THE GENERAL ORDER FOR A CALL.____________________ Title as in Form No. The amount due from you A.B., in respect of the call made by the above ( within) order is the sum of £ which sum is to be paid by you into the Bank of Ireland to the account mentioned in the said order. You may pay the same in person, *or through a banker or other agent: but this notice and copy order must be produced at the Bank upon such payment and the cashier of the Bank will, upon receiving the same, deliver to you a certificate of the payment numbered signed by the said cashier. In order to prevent execution being issued or other proceedings being taken against you for non-payment, you must, immediately after such payment, give written notice of the payment and of the date thereof to me as the Official Liquidator of the said company at my office at Official Liquidator. No. 32. O. 74, r. 119. NOTICE AS TO MODE OF PAYMENT.____________________ Title as in Form No. You may make the payment directed by the within ( above order) at the Bank of Ireland in person ( continue as in Form No . 31 Official Liquidator. To____________________ No. 33. O. 74, r. 119. CERTIFICATE OF PAYMENT.____________________ Title as in Form No. No. ....... I hereby certify the . of has this day paid into the Bank of Ireland £ to be placed to the credit of the Official Liquidator of the above named company pursuant to an order dated the day of , 19 . For the Governor and Company of the Bank of Ireland. £ : : No. 34. O. 74, r. 120. AFFIDAVIT OF NON-PAYMENT.____________________ Title as in Form No. I, of , the Official Liquidator of the above named company make oath and say as follows: 1. , the person named in an order made in this matter by Mr. Justice , dated the day of 19 who was duly served with a copy of the said order on the day of , 19 has not paid into the Bank of Ireland to the account of the Official Liquidator of the said company the whole or any part of the sum of £ as was directed by the said order (Or, in the case of several parties 1. None of the several persons whose names and addresses are set forth in the schedule hereunder written and who have respectively been duly served with the order made in this matter by Mr. Justice on the respective dates set opposite their respective names in the said schedule, have paid into the Bank of Ireland to the account of the Official Liquidator of the said company the whole or any part of the several sums of money set opposite their respective names in the said schedule hereunder written, as by the said order respectively directed. 2. I am able to depose to such non-payment because I have this day ascertained, by inquiry at the Bank that such payment [ payments] has [ have] not been made and I have seen the certificate of payment numbered [ several certificates of payment, the numbers whereof respectively are set forth in the sixth column of the said schedule opposite the names of the said respective persons, being certificates] furnished by me to the cashier of the Bank for delivery to the said [ several persons respectively] upon such payment[ payments] being made, still in the hands of the cashier of the Bank. No notice [ notices] of such payment [ payments] having been made has [ have] been given to me by the said [ several persons respectively]. Sworn &c. Date of order Number of certificate ____________________ No. 35. O. 74, r. 95. ADVERTISEMENT FOR CREDITORS.____________________ Title as in Form No. The creditors of the above named company are required, on or before the day of to send their names and addresses and the particulars of their debts or claims and the names and addresses of their solicitors, if any, to of , the Official Liquidator of the said company and if so required by notice in writing from the Official Liquidator, are to file such affidavits in proof of claims as they may be advised and to give notice of filing thereof to the Official Liquidator and to attend at such time and place as shall be specified in such notice or, in default thereof, they will be excluded from any distribution made before such debts or claims are proved. day the day of , 19 at o'clock in the noon at the Examiners' Office, Four Courts, Dublin, has been appointed for hearing and adjudicating upon the said debts and claims. Examiner.____________________ No. 36. O. 74, r. 97. AFFIDAVIT OF OFFICIAL LIQUIDATOR AS TO DEBTS AND CLAIMS.____________________ Title as in Form No. I, , of , the Official Liquidator of the above named company make oath and say as follows: 1. I have in the paper writing marked "A" upon which I have signed my name before swearing this affidavit set out a list of all the debts and claims the particulars of which have been sent in to me by persons making claims upon, or claiming to be creditors of the said company, pursuant to the advertisement issued in that behalf dated the day of , 19 and the names and addresses of the persons by whom such claims are made. 2. I have investigated the said debts and claims and compared the same with the books and documents of the said company and the statement of affairs ( omit the reference to statement of affairs if the Court has dispensed with a statement of affairs ) in order to ascertain, so far as I am able, which of such debts and claims are legally due from the said company; and I have, in the first part of the said list, set out such of the said debts and claims or parts thereof as in my opinion are legally due from the said company and proper to be allowed without further evidence; and I have, in the sixth column of the said first part of the said list, set out the amounts proper to be allowed in respect of such debts and claims; and I believe that such amounts respectively are legally due and proper to be allowed. 3. I have in the second part of the said list set forth such of the said debts and claims as in my opinion ought to be proved by the respective creditors. Sworn &c. No. 37. O. 74, r. 97. EXHIBIT REFERRED TO IN FORM No. 36.____________________ Title as in Form No. Lists of debts and claims of which the particulars have been sent in to the Official Liquidator. This paper writing marked "A" was produced and shown to and is the same as is referred to in his affidavit sworn before me this day of , 19 . FIRST PART—DEBTS AND CLAIMS PROPER TO BE ALLOWED WITHOUT FURTHER EVIDENCE Serial No. Names of creditors Addresses and descriptions Particulars of debt or claim Amount claimed Amount proper to be allowed SECOND PART—DEBTS AND CLAIMS WHICH OUGHT TO BE PROVED BY THE CREDITORS. Serial No. Names of creditors Addresses and descriptions Particulars of debt or claim Amount claimed No. 38. O. 74, r. 98. NOTICE OF CREDITOR OF ALLOWANCE OF DEBT.____________________ Title as in Form No. The debt claimed by you in this matter has been allowed at the sum of £ [ if part only allowed, add: if you claim to have a larger sum allowed, you are hereby required to come in and prove the further amount claimed by you against the above named company by filing your affidavit and giving notice thereof to men on or before the day of next: and you are to attend in person or by your solicitor at the Examiner's Office, Four Courts, Dublin, on the day of , 19 at o'clock in the noon being the time appointed for hearing and adjudicating upon the claim.] Official Liquidator. No. 39. O. 74, r. 98. NOTICE TO CREDITORS TO COME IN AND PROVE THEIR DEBTS.____________________ Title as in Form No. You are hereby required to come in and prove the debt claimed by you against the above named company by filing your affidavit and giving notice thereof to me on or before the day of next; and you are to attend in person or by your solicitor at the Examiner's Office, Four Courts, Dublin, on the day of , 19 at o'clock in the noon being the time appointed for hearing and adjudicating upon the claim. Official Liquidator. To____________________ No. 40. O. 74, r. 103. AFFIDAVIT OF CREDITOR IN PROOF OF DEBT.____________________ Title as in Form No. I, of , make oath and say as follows: 1. The above named company was on the day of , 19 the date of the order for winding up the same and still is legally indebted to me in the sum of £ for ( describe shortly the nature of the debt ) as shown by the account upon which marked with the letter "A" I have signed my name prior to the swearing of this affidavit. 2. I have not, nor has any person by my order or to my knowledge or belief for my use received the said sum of £ or any part thereof or any security or satisfaction for the same or any part thereof ( if any security add ; except the following: ). 3. The following vouchers are available to substantiate the debt claimed above:— Sworn &c.____________________ No. 41. O. 74, r. 110. PROOF OF DEBT OF WORKMEN____________________ Title as in Form No. I, of , on behalf of the workmen and others employed by the above named company hereby claim that the said company was on the day of , 19 and still is legally indebted to the several persons whose names, addresses and descriptions appear in the schedule hereto in the sums severally set against their names in the sixth column of such schedule for wages due to them respectively as workmen or others (after deduction of income tax) in the employment of the said company in respect of services rendered by them respectively to the said company during such periods as are set out against their respective names in the fifth column of such schedule, for which said sums, or any part thereof, I say that they have not nor has any of them had or received any manner of satisfaction or security whatsoever. To the Official Liquidator of Company Limited. Full name of workman Period over which wages due Amount due No. 42. O. 74, r. 116. AUTHORITY TO LIQUIDATOR TO PAY DIVIDENDS TO ANOTHER PERSON.____________________ Title as in Form No. To the Official Liquidator of and Company Limited. I/We hereby authorize and request you to pay to of , all dividends as they are declared in the above named matter and which may become due and payable to me/us in respect of the proof of debt for a sum of £ against the above named company made on my/our behalf. And I/we further request that the cheque or cheques drawn in respect of such dividends may be made payable to the order of the said whose receipt shall be a sufficient authority to you for the issue of such cheque or cheques in his name. It is understood that this authority is to remain in force until revoked by me/us in writing. Witness to the signature of ____________________ No. 43. O. 74, r. 122. REQUEST BY OFFICIAL LIQUIDATOR FOR INVESTMENT OF FUNDS. Title as in Form No. 1].____________________ To the Governor and Company of the Bank of Ireland. I, the Official Liquidator of the above named company request that the Bank shall invest the sum ofbeing part of the cash balance standing to the credit of the said company on my account as Official Liquidator of the said company with the Bank in ( specify securities ) in my name and in the name of the Examiner of this Court, for the benefit of the said company. Official Liquidator. Examiner.____________________ No. 44. O. 74, r. 130. (b). LIQUIDATOR'S STATEMENT OF ACCOUNTS. (Pursuant to section 306).____________________ GENERAL DIRECTIONS AS TO PREPARATION OF THE STATEMENT OF ACCOUNTS. (1) The statement should be on sheets thirty-five centimetres by forty centimetres. (2) The statement should contain a detailed account of all the Liquidator's realisations and disbursements in respect of the company. The statement of realisations should contain a record of all receipts derived from assets existing at the date of the winding up order or realisation and subsequently realised, including balance in bank, book debts and calls collected, property sold, &c. and the account of disbursements should contain all payments for costs and charges or to creditors or contributories. Where property has been realised, the gross proceeds of sale should be entered under realisations, and the necessary payments incidental to sales should be entered as disbursements. These accounts should not contain payments into or out of bank or temporary investments by the Liquidator or the proceeds of such investments when realised which should be shown separately by a separate detailed statement of monies invested by the Liquidator and investments realised. Interest allowed or charged by the bank, bank charges and commission, and profit or loss upon the realisation of temporary investments, should however, be inserted in the accounts of realisations or disbursements, as the case may be. Each receipt and payment should be entered in the account in such a manner as sufficiently to explain its nature. The receipts and payments should severally be added up at the foot of each sheet and the totals carried forward from one account to another without any intermediate balance , so that the gross totals represent the total amounts received and paid by the Liquidator respectively. (3) When the Liquidator carries on a business, a trading account in the form annexed hereto should be forwarded as a distinct account, and the totals of receipts and payments on thetrading account should alone be set out in the general statement of account. (5) When unclaimed dividends, instalments of composition or returns of surplus assets are paid into The Companies Liquidation Account, the total amount so paid in should be entered in the statement of disbursements as one sum. (6) Credit should not be taken in the statement of disbursements for any amount in respect of Liquidator's remuneration unless it has been duly allowed by resolution of the committee of inspection or of the creditors or of the company in general meeting or by order of Court as the case may require. LIQUIDATOR'S STATEMENT OF ACCOUNT. (Pursuant to section 306 of the Companies Act, 1963 ). Name of company No. of company Nature of proceedings ( whether a winding up by the Court or a members' or creditors' voluntary winding up . ) Date of commencement of winding up: Date to which last statement (if any) was brought down: Date to which this statement is brought down: Name and address of Liquidator: This statement is required in duplicate.____________________ GENERAL STATEMENT OF ACCOUNT. From whom received Nature of assets realised To whom paid Nature of disbursements Brought forward from last statement Brought forward from last statement Carried forward Carried forward NOTE:—No balance should be shown on this account but the total realisations and disbursements only which should be carried forward to the next account. ANALYSIS OF BALANCE. Total realisation ... ... ... ... ... ... Total disbursements ... ... ... ... ... ... Balance ... ... ... The balance is made up as follows:— 1. Cash in hands of Liquidator ... ... ... 2. Total payments into bank including balance at date of commencement of winding up (as per bank sheets) Total withdrawals from bank Balance at bank *3. Amounts invested by Liquidator Less amount realised from same Total balance as shown above Full details of stocks purchased for investment and realisation thereof should be given in a separate statement *The investment or deposit of money by the Liquidator does not withdraw it from the operation of section 307 of the Companies Act, 1963 NOTE:—The Liquidator should also state— (1) The amount of the estimated assets and liabilities at the date of the commencement of the winding up. Assets (after deducting amounts charged to secured creditors and debenture holders.) Secured creditors Debendure holders Unsecured creditors (2) The total amount of the capital paid up at the date of the commencement of the winding up. Paid up in cash Issues as paidup otherwise than for cash (3) The general description and estimated value of outstanding assets (if any). (4) The causes which delay the termination of the winding up. (5) The period within which the winding up may probably be completed. TRADING ACCOUNT. A.B., ,the Liquidator of the above namedcompany in account with Company Limited from the day of , 19 to the day of , 19 (This account is required in duplicate in addition to the general statement of account). TOTAL £ TOTAL £ Liquidator.____________________ No. 45. O. 74, r. 130. ( ). LIQUIDATOR'S AFFIDAVIT VERIFYING HIS ACCOUNT UNDER SECTION 306.____________________ (Name of company). No. of company: I, ,of , the Liquidator of the above named company, make oath and say as follows: 1. I refer to the statement of account hereunto annexed upon which marked "A" I have signed my name before swearing this affidavit and I say that the particulars therein contained about the proceedings in and position of the liquidation of the said company are true and correct to the best of my knowledge and belief. 2. The said statement of account [ add where appropriate including the trading account annexed] contains a true and full account of all moneys received and payments made by me in the winding up of the said company from the day of , 19 to the day of , inclusive, and I have not nor has any other person by my order or for my use during that period received or paid any moneys for or on account of the said company other than as disclosed in the said statement 2. From the day of , 19 to the day of , 19 inclusive I have not not has any other person by my order or for my use received or paid any moneys whatsoever for or on account of the said company Sworn &c. This affidavit is NOT required to be sent in duplicate, but must be accompanies by the statement of account in duplicate No. 46. O. 74, r. 137. CERTIFICATE OF THE COMPANY HAVING BEEN COMPLETELY WOUND UP. Title as in Form No. In pursuance of the directions given to me by the Court I hereby certify that the payments mentioned in the order dated the ...... day of.......... have been made and that the distribution of the residue by the said order directed has been vouched, and that the affairs of the above named company have been completely wound up. The evidence produced &c. No. 47. O. 74, r. 139. DECLARATION OF SOLVENCY. COMPANIES ACT, 1963 MEMBERS' VOLUNTARY WINDING UP. DECLARATION OF SOLVENCY EMBODYING A STATEMENT OF ASSETS AND LIABILITIES. (Pursuant to section 256). Name of company LIMITED. No. of company Presented by being all ( the majority of) the directors of Limited do solemnly and sincerely declare that we have made a full inquiry into the affairs of this company, and that having so done, we have formed the opinion that this company will be able to pay its debts in full within a period of *months from the commencement of the winding up, and we refer to a statement of the company's assets and liabilities as at , 19 upon each page of which statement marked with the letter "A" we have signed our respective names before making this declaration. And we make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 Declared &c. *Insert a period of months not exceeding twelve. Statement as at , 19 showing assets at estimated realisable values and liabilities expected to rank. Assets and liabilities Estimated to realise, or to rank for payment, (to the nearest £) Balance at bank ... ... ... ... Cash in hand ... ... ... ... Marketable securities ... ... ... Bills receivable ... ... ... ... Trade debtors ... ... ... ... Loans and advances ... ... ... Unpaid calls ... ... ... ... Stock in trade ... ... ... ... Work in progress ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Freehold property ... ... ... ... Leasehold property ... ... ... Plant and machinery ... ... ... Motor cars and lorries ... ... ... Furniture, fittings, utensils, &c. ... ... Patents, trade marks &c. ... ... ... Investments other than marketable securities Other property, viz:— ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Estimated realisable value of assets £ Secured on specific assets, viz Secured by floating charge(s) Estimated cost of liquidation and other expenses including interest accruing until payment of debts in full Unsecured creditors (amounts estimated to rank for payment):— Trade accounts Bills payable Accrued expenses Other liabilities: ... ... ... ... Contingent liabilities: ... ... ... ... Estimated surplus after paying debts in full ... ... No. 48. 0. 74, r. 140 Statement of assets and liabilities. (Pursuant to section 261) STATEMENT OF ASSETS AND LIABILITIES. of Company Limited To be submitted to a meeting of creditors pursuant to section 261 of the Companies Act, 1963 by the Liquidator who is of opinion that the company is unable to pay its debts in full within the period stated in the declaration of solvency , viz., months from the commencement of the winding up. Date of commencement of winding up: , 19 . Liquidator's remarks. The Liquidator should draw attention to any item where there is a substantial difference between his estimate and the directors' estimate in the statement annexed to the declaration of solvency STATEMENT OF ASSETS AND LIABILITIES OF . LIMITED. as at the _____ day of ,19 . I. ASSETS. Estimated realisable value (1) ASSETS SPECIFICALLY CHARGED Freehold property .. .. .. .. Leasehold property .. .. .. Other property, viz. .. .. .. TOTAL .. .. (2) ASSETS NOT SPECIFICALLY CHARGED Balance at bank .. .. .. .. Cash in hand .. .. .. .. Marketable securities .. .. .. Bills receivable .. .. .. .. Trade debtors .. .. .. .. Loans and advances .. .. .. Unpaid calls .. .. .. .. Stock in trade .. .. .. .. Work in progress .. .. .. .. Freehold property .. .. .. .. Leasehold property .. .. .. Lorries and motor vehicles .. .. .. Other plant and machinery Furniture, fittings, utensils, &c. .. .. Patents and trade marks .. .. .. Investments other than marketable securities Other property, viz. .. .. .. TOTAL .. .. (3) GROSS ASSETS: specifically charged (as at (1) above) .. .. not specifically charged (as at (2) above) .. TOTAL .. .. II. LIABILITIES. (1) CREDITORS SECURED by assets specifically charged (Amounts claimed to be due: £ ): Extent to which claims are estimated to be covered by assests specifically charged .. .. (2) PREFERENTIAL CREDITORS Amounts for which preference is claimed .. (3) DEBENTUREHOLDERS secured by floating charge Amounts claimed to be due after deducting any sums estimated (at(1) above) to be covered by assets specifically charged .. .. .. (4) UNSECURED CREDITORS Amounts claimed to be due including unsecured balance of claims of creditors secured by assets specifically charged .. .. .. Contingent liabilities (state nature) .. .. GROSS LIABILITIES III. SUMMARY OF ASSETS ESTIMATED TO BE AVAILABLE TO MEET CREDITORS' CLAIMS. GROSS ASSETS—Total (as at I (3) above) .. deduct amounts due to SECURED CREDITORS to extent to which claims are estimated (at II (1) above) to be covered by assets specifically charged Balance available for preferential creditors .. deduct amounts claimed to be due to PREFERENTIAL CREDITORS (as at II (2) above) .. .. Balance available for debenture holders secured by a floating charge .. .. .. deduct amounts due to such DEBENTURE HOLDERS (as at II (3) above) .. .. .. Balance available for unsecured creditors .. .. deduct amounts claimed to be due to UNSECURED CREDITORS (as at II (4) above) .. .. ESTIMATED SURPLUS/DEFICIENCY (i) The foregoing estimates are subject to the costs of winding up and to any surplus or deficiency on trading pending realisation of the assets. (ii) There is no unpaid capital liable to be called up or the nominal amount of unpaid capital liable to be called up is £ estimated to produce £ , which is/is not charged in favour of debenture holders. No. 49. O. 74, r. 141. LIQUIDATOR'S STATEMENT OF ACCOUNT (MEMBERS OR CREDITORS VOLUNTARY WINDING UP). (Pursuant to section 263 or section 273). Name of company (in liquidation). No. of company Presented by Delete as necessary LIQUIDATOR'S STATEMENT OF ACCOUNT IN MEMBERS/CREDITORS VOLUNTARY WINDING UP. Statement showing how the winding up has been conducted and the property of the company has been disposed of. From , 19 .(Commencement of winding up) to , 19 .(Close of winding up). Statement of assets and liabilities Receipts .. .. .. Costs of solicitor to Liquidator .. .. Cash at bank .. .. .. Other law costs .. .. .. .. Cash in hand .. .. .. Liquidator's remuneration:— Marketable securities .. .. where applicable Sundry debtors %on £realised %on £distributed £ Stock in trade .. .. .. By whom fixed Work in progress .. ..

Auctioneers and valuers charges Freehold property .. .. Costs of possession and maintenance of estate Leasehold property .. .. Costs of notices in Iris Oifigiúl and newspapers Motor cars and lorries .. .. Incidental outlay .. .. .. .. Plant and machinery .. .. Total cost and charges .. .. .. Furniture, fittings and utensils, &c. .. .. .. (i) Debenture holders:— Patents, trade marks, &c .. .. .. Payment of £ Investments other than marketable securities per £ debenture .. Surplus from securities Unpaid calls at commencement of winding up Payment of £ .. ..per £ debenture .. Amounts received from calls on contributories made in the winding up (ii) Creditors:— .. .. *unsecured .. .. Receipts per trading account Dividend(s) of .in £ on £ .. .. .. Other property, viz. .. .. (The estimate of amount expected to rank for dividend was £ ) (iii) Returns to contributories Payments to redeem securities per £ Cost of execution .. .. Payments per trading account per £ Net realisations (1) Assets including shown in the statement of assets and liabilities and estimated to be of the value of £ have proved tobe unrealisable. (2) State amount paid into the Companies Liquidation Account in respect of: (a) unclaimed dividends payable to creditors in the winding up .. .. .. .. £ : : (b) other unclaimed distributions in the winding up .. .. .. .. .. £ : : (c) other unclaimed balances .. .. .. .. .. .. .. £ : : (3) Add here any special remarks the Liquidator thinks desirable:— *State number. Preferential creditors need not be separately shown if all creditors have been paid in full. No. 50 O. 74, r. 142 RETURN OF FINAL WINDING UP MEETING. (Pursuant to section 263). RETURN OF FINAL WINDING UP MEETING. (MEMBERS' VOLUNTARY WINDING UP). Name of company No. of company Presented by To the registrar of companies, I, of , being the Liquidator of Limited have to inform you that a general meeting of the company was duly held on/summoned for ( ) the day of ,19 pursuant to section 263 of the Companies Act, 1963 for the purpose of having an account (of which a copy is attached hereto) ( ) laid before it showing how the winding up of the company has been conducted, and the property of the company has been disposed of, and that the same was done accordingly ( that no quorum was present at the meeting). Dated (Signed) (c) Strike out that which does not apply. The copy account accompanying this return must be authenticated by the signature of the Liquidator. To be signed by each Liquidator if more than one. No. 51. O. 74, r. 143 RETURN OF FINAL WINDING UP MEETINGS. (Pursuant to section 273). RETURN OF THE FINAL WINDING UP MEETING OF MEMBERS AND CREDITORS (CREDITORS' VOLUNTARY WINDING UP). Name of company No. of company Presented by To the registrar of companies, I, of , being the Liquidator of Limited, have to inform you— (1) that a general meeting of the above named company was duly held on/summoned for ( ) the day of , 19 pursuant to section 273 of the Companies Act, 1963 for the purpose of having an account (of which a copy is attached hereto) ( ) laid before it showing how the winding up of the said company has been conducted and that the property of the said company has been disposed of, and that the same was done accordingly ( that no quorum was present at the meeting). (2) that a meeting of the creditors of the said company was duly held on/summoned for ( ) the day of ,19 pursuant to section 273 of the Companies Act, 1963 for the purpose of having the said account laid before it showing how the winding up of the said company has been conducted and the property of the said company has been disposed of and that the same was done accordingly ( that no quorum was present at the meeting). Dated (Signed) ( ). Strike out that which does not apply. The copy account accompanying this return must be authenticated by the signature of the Liquidator. To be signed by each Liquidator if more than one. APPENDIX N No. 1. O. 75, r. 3. THE HIGH COURT 19 No. In the matter of [Limited] [Public Limited Company] and in the matter of the Companies Act, 1963 To the High Court The humble petition of of showeth as follows 1. Your petitioner, the above-named company (hereinafter called "the company") was on the day of incorporated in the State (or in as the case may be ) under the Companies Act, 1963 2. The registered office of the company is situate at 3. The objects for which the company was established are and the other objects set out in the Memorandum of Association of the Company. 6. The company has carried on business since. Your petitioner therefore prays as follows: (1) That (2) or that such other order may be made in the premises as to this Honourable Court may seem fit. Note:—It is (not) intended to serve this petition. No. 2. O. 75, r. 7(2) AFFIDAVIT VERIFYING LIST OF CREDITORS. Title as in Form No. 1). I, A.B. of make oath and say as follows: 1. The paper writing marked A upon which I have signed my name before swearing this affidavit contains a list of the creditors of and persons having claims upon the above-named company on the day of 19 (the date fixed by the Order in this matter dated the day of ), together with their respective addresses and the nature and amount of their respective debts or claims, and such list is, to the best of my knowledge, information, and belief, a true and accurate list of such creditors and persons having claims on the day aforesaid. Sworn etc. No. 3. O. 75, r. 7(2) LIST OF CREDITORS REFERRED TO IN FORM No. 2. Title as in Form No. 1). This list of creditors marked A was produced and shown to A.B. and is the same list of creditors as is referred to in his affidavit sworn before me this day of 19 Commissioner for Oaths. Names, addresses and description of the Nature of debt or claim Amount of debt or claim No. 4. O. 75, r. 10(4) NOTICE TO CREDITORS. Title as in Form No. 1). You are hereby given notice that a petition has been presented to the High Court ( here state shortly the nature of the relief sought ) and that in the list of persons admitted by the company to have been on the day of creditors of the company your name is entered as a creditor for ( here state the amount of the debt or nature of the claim ). If you claim to have been on the last mentioned day a creditor to a larger amount than is stated above, you must on or before the day of send the particulars of your claim and the name and registered place of business of your solicitor (if any) to the undersigned solicitor at . In default of your so doing, the above entry in the list of creditors will in all the proceedings under the above petition be treated as correct. Solicitor for the said Company. No. 5. O. 75, r. 8. ADVERTISEMENT OF PETITION AND LIST OF CREDITORS. In the matter of [Limited] [Public Limited Company] and in the matter of the Companies Act, 1963 Notice is hereby given that a petition for ( here state shortly the nature of the relief sought ) was on the day of 19 presented to the High Court and is now pending. ( Add where appropriate ) And that by Order dated the day of 19 an Inquiry was directed as to the debts, claims and liabilities of the company on the day of 19 . A list of the persons admitted to have been creditors of the company for debts, claims and liabilities to which the said Inquiry extends on the said day of 19 has been filed in the Central Office and may be inspected at the offices of the company at or at the office of ( here state name of company's solicitor and address of his office ) at any time during usual business hours on payment of £0.25. Any person who claims to have been on the said 19 and still to be, a creditor of the company in respect of any such debt, claim or liability and who is not entered on the said list and claims to be so entered, must on or before the day of send in his name and address and the particulars of his claim, and the name and address of his solicitor (if any) to the under-signed solicitor at or in default thereof he will be precluded from objecting to the grant of the relief sought in the petition. Solicitor for the said company. No. 6. O. 75, r. 9 AFFIDAVIT IN ANSWER TO INQUIRY Title as in Form No. 1). We, C.D. of ( the secretary or other officer of the above-named company) , X.Y. of (the solicitor of the said company) and A.B. of the managing director ( or other officer ) of the said company, severally make oath and say as follows: I, the said C.D. for myself say: (1) I did, on the day of 19 in the manner hereinafter mentioned serve a true copy of the notice marked B upon which I have signed my name before swearing this affidavit, upon each of the respective persons whose names, addresses and descriptions appear in the first column of the list of creditors marked A referred to in the affidavit of filed on the day of 19 . (2) I served the said respective copies of the said notice by putting such copies respectively duly addressed to such persons respectively, according to their respective names and addresses appearing in the said list (being the last known addresses or places of abode of such persons respectively), and with the proper postage stamps affixed thereto as prepaid letters, into a post office receiving box at between the hours of and of the clock in the noon of the said day of And I, the said X.Y.,for myself say: (3) A true copy of the notice marked C upon which I have signed my name before swearing this affidavit has appeared in the of the day of 19 and the day of 19 . (4) I have in the paper writing marked D upon which I have signed my name before swearing this affidavit, set forth a list of all claims, the particulars of which have been sent in to me pursuant to the said notice marked B by persons claiming to be creditors of the company for larger amounts than are stated in the list of creditors marked A referred to in the affidavit of filed on the day of 19 . No person has sent in to me pursuant to the said notice marked B a claim to be entered on the said list for a larger sum than that in respect of which he is so entered in the said list marked A. (5) I have in the paper writing marked E upon which I have signed my name before swearing this affidavit, set forth a list of all claims, the particulars of which have been sent in to me pursuant to the notice referred to in the third paragraph of this affidavit by persons claiming to be creditors of the company on the day of 19 not appearing on the said list of creditors marked A and who claim to be entered thereon. No claims have been sent to me pursuant to the notice referred to in paragraph (3) hereof by persons not entered on the said list marked A and claiming to be so entered. And we, C.D. and A.B. for ourselves say: (6) We have in the first part of the said paper writing marked D and also in the first part of the said paper writing marked E respectively set forth such of the said debts and claims as are admitted by the company to be due wholly or in part, and how much is admitted to be due in respect of such of the said debts and claims respectively as are not wholly admitted. (7) We have, in the second part of each of the said paper writings marked D and E set forth such of the said debts and claims as are wholly disputed by the company. (8) In the said exhibits D and E we have distinguished such of the debts the full amounts whereof are proposed to be appropriated in such manner as the Judge shall direct. No. 7. O. 75, r. 9 EXHIBIT D REFERRED TO IN FORM NO. 6 Title as in Form No. 1). LIST OF DEBTS AND CLAIMS. of which particulars have been sent to .........................by persons claiming to be creditors of the above named company for larger amounts than are stated in the list of creditors made out by the company. FIRST PART Debts or claims wholly or partly admitted by the company: Names, Addresses and descriptions of creditors Particulars of claim Total amount claimed Amount admitted by the company to be within the inquiry and to be owing to the creditor Debts proposed to be appropriated in full although disputed SECOND PART Debts and claims wholly disputed by the company Names, addresses and descriptions of creditors Particulars of claim Total amount claimed Debts proposed to be appropriated in full although disputed This paper writing marked D was produced and shown to C.D., X.Y. and A.B. respectively and is the same as that referred to in their affidavit sworn this day of before me, ( to be signed here by Commissioner or officer before whom the affidavit is sworn No. 8. O. 75, r. 9 EXHIBIT E REFERRED TO IN FORM No. 6. Title as in Form No. 1). LIST OF DEBTS AND CLAIMS. of which particulars have been sent to .............................. by persons claiming to be creditors of the above-named company and to be entered in the list of creditors made out by the company. FIRST PART Debts and claims wholly or partly admitted by the company: Names, Addresses and of creditors Particulars of claim Total amount claimed admitted by the company to be within the inquiry and to be owing to the creditor Debts proposed to be appropriated in full although disputed SECOND PART Debts and claims wholly disputed by the company: Names, Addresses and descriptions of creditors Particulars of claim Total amount claimed Debts proposed to be appropriated in full although disputed This paper writing marked E was produced and shown to C.D., X.Y. and A.B. respectively and is the same as that referred to in their affidavit sworn this day of before me ( to be signed here by Commissioner or officer before whom the affidavit is sworn No. 9. O. 75, r. 10 NOTICE TO CREDITORS TO COME IN AND PROVE. In the matter of (as in Form No. 1) You are hereby required to come in and prove the debt claimed by you against the above-named company, by filing your affidavit and giving notice thereof to the solicitor of the said company, on or before the day of next; and you are to attend in person or by your solicitor at the Examiner's Office, Four Courts, Dublin, on the day of 19 at o'clock in the noon being the time appointed for hearing and adjudicating upon the claim, and produce any securities or documents relating to your claim. In default of your complying with the above directions you will be precluded from objecting to the grant of the relief sought in the petition ( in all proceedings relative to the grant of the relief sought in the petition be treated as a creditor for such amount only as is set against your name in the list of creditors). Dated the day of (Signed) Solicitor for the said company. No. 10. O. 75, r. 13 ADVERTISEMENT OF HEARING OF PETITION. In the matter of (as in Form No. 1). Notice is hereby given that a petition presented to the High Court on the day of for ( here state shortly the nature of the relief sought ) is directed to be heard before the Court on the day of 19 . Solicitor for the Company. APPENDIX O. No. 1. DEBTOR'S SUMMONS. THE HIGH COURT. You are hereby warned that unless within after the service of this summons on you, you do pay to of the sum of pounds, , being the sum claimed of you by according to the particulars indorsed hereon, or unless you shall secure or compound for the same to his satisfaction, you will have committed an act of bankruptcy, in respect of which you may be adjudged a bankrupt, on a petition being presented against you by the said unless you shall have within the time aforesaid, applied to the Court to dismiss this summons, on the ground that you are not indebted to the said in any sum or that you are only indebted to in a sum less than twenty pounds. or that before service of this summons upon you. you had obtained the protection of the Court or of a local court of bankruptcy. Given under the seal of the Court this day of 19 . You are specially to note. That the consequences, which will follow any neglect to comply with the requisitions contained in the summons, are that you may be adjudged a bankrupt on a petition of bankruptcy being presented against you by the said If, however, you are not indebted to the said in any sum or are only indebted to in a sum less than twenty pounds, you must make application to the Court within after service hereof, to dismiss the summons, by filing in the Examiner's Office, Four Courts, Dublin, an affidavit, in the prescribed form, stating that you are not so indebted, or only so to a less amount than twenty pounds or that before service of this summons upon you, you had obtained the protection of the Court, or of a local court of bankruptcy, and thereupon a day will be fixed for the hearing of your application. Solicitor for the said PARTICULARS OF DEMAND Set out No. 2. PARTICULARS OF DEMAND, AND NOTICE REQUIRING PAYMENT. To of The following are the particulars of the demand of the undersigned of against you the said amounting to the sum of detailed particulars to be given Take notice that the said hereby requires immediate payment of the said sum of Dated (Signed) ............................................................ ...................... [state capacity]. No. 3. DEBTOR'S SUMMONS—TWO OR MORE CREDITORS NOT PARTNERS. THE HIGH COURT To of You are hereby warned that, unless within after the service of this summons on you, you do pay to of the sum of and to the sum of and to the sum of being the sums claimed of you by them according to the particulars hereunto annexed, or indorsed hereon, or unless you shall secure or compound for the same to their satisfaction respectively, you will have committed an act of bankruptcy, in respect of which you may be adjudged a bankrupt, on a petition being presented against you by the said and the said unless you shall have, within the time aforesaid, applied to the Court to dismiss this summons, on the ground that you are not indebted to the said or to the said in any sum, or that you are only indebted to them in a sum less than twenty pounds, or that before service of this summons upon you, you had obtained the protection of the Court, or of a local court of bankruptcy. Given under the seal of the Court, this day of 19 . You are specially to note. That the consequences which will follow any neglect to comply with the requisitions contained in the summons are that you may be adjudged a bankrupt on a petition of bankruptcy being presented against you by the said and the said . If, however, you are not indebted to the said or the said in any sum, or are only indebted to them in a sum less than twenty pounds you must make application to the Court within after service hereof, to dismiss this summons, by filing in the Examiner's Office, Four Courts, Dublin, an affidavit in the prescribed form, stating that you are not so indebted, or only so to a less amount than twenty pounds, or that before service of this summons upon you, you had obtained the protection of the Court, or of a local court of bankruptcy, and thereupon a day will be fixed for the hearing of your application. Solicitor for the said PARTICULARS OF DEMAND OF PARTICULARS OF DEMAND OF PARTICULARS OF DEMAND OF Set out No. 4. AFFIDAVIT FOR DEBTOR'S SUMMONS. THE HIGH COURT. I, [ if not creditor, state capacity ] make oath and say as follows: 1. of in the of is justly and truly indebted to of in the sum of for [ state nature of debt 2. ( where appropriate ]: The said is a trader within themeaning of the statute, carrying on trade at 3. An account in writing of the particulars of demand was on or about the day of 19 , sent by post [ or as the case may be ] addressed to the said at in the of aforesaid, and that payment of the same has been on more than one occasion required of him. 4. On the day of 19 ,application was made to the said personally [ or otherwise according to the fact 5. the said hold no security or bills or notes for the said debt save as hereinbefore stated. Sworn, &c. Let the debtor's summons issue No. 5. AFFIDAVIT OF SERVICE OF DEBTOR'S SUMMONS. THE HIGH COURT In the matter of a petition for adjudication of bankruptcy by of against of I, of aged 16 years and upwards, make oath and say that I did on the day of 19 , personally serve the said with a sealed copy of the debtor's summons and sealed copy of the particulars of demand thereto annexed, the originals whereof respectively are hereto annexed, by delivering unto and leaving the same with the said at in the and at the time of such service I showed unto the said the said original summons and particulars of demand. Sworn, &c. No. 6. NOTICE OF SUBSTITUTED SERVICE OF DEBTOR'S SUMMONS BY ADVERTISEMENT. THE HIGH COURT To of In the matter of a debtor's summons issued against you by of Take notice, that a debtor's summons having been granted against you by this Court, the Court has ordered that the publication of this notice in shall be deemed to be service of such summons on you on the seventh day after such publication. A copy of the summons may be inspected by you in the Examiner's Office, Four Courts, Dublin. No. 7. NOTICE OF APPLICATION TO DISMISS DEBTOR'S SUMMONS. THE HIGH COURT In the matter of a debtor's summons by of against of dated day of 19 . Notice is hereby given that an affidavit of the said has been filed in the Examiner's Office and that the application of the said to dismiss the said summons will be heard by the Court on day, the day of 19 at the hour of eleven o'clock in the forenoon. No. 8. AFFIDAVIT TO GROUND APPLICATION TO DISMISS DEBTOR'S SUMMONS. THE HIGH COURT In the matter of a debtor's summons by against of and bearing date the day of 19 . I, the above-named make oath and say that the above-mentioned summons was served on me on the day of 19 , and that I am not indebted to the said in any sum amounting to twenty pounds [ that before such service I had obtained the protection of the Court or of a local court of bankruptcy]. Sworn, &c. No. 9. DECLARATION OF INSOLVENCY. THE HIGH COURT I, of do hereby declare that I am unable to meet my engagements with my creditors. day of at the hour of No. 10. AFFIDAVIT TO VERIFY DECLARATION OF INVOLVENCY. THE HIGH COURT In the matter of a declaration of involvency by I, of solicitor, make oath and say I was present and did seethe said sign the declaration of insolvency, dated the day of 19 , to which I have subscribed my name as witness. And I say that previously to the said signing the said declaration of insolvency, I explained to him the nature and purport thereof, and that when the same should be filed in the Examiner's Office, he would have committed an act of bankruptcy. And I say that the name subscribed as a witness to the said declaration is my proper name and handwriting. Sworn, &c. No. 11. PETITION BY A DEBTOR TO BE ADJUDICATED A BANKRUPT. THE HIGH COURT The humble petition of of showeth as follows: Your petitioner is unable to meet his engagements with his creditors, and your petitioner doth verily believe that he can make it appear to the satisfaction of the Court that his available estate is sufficient to produce the sum of fifteen hundred pounds at the least. Your petitioner therefore prays that your petitioner may be adjudicated bankrupt. Received this day of 19 , at the hour of o'clock, noon. The following affidavit is to be indorsed on the back of the petition ). THE HIGH COURT. I, of the petitioner named in the petition on the other side hereof, make oath and say that the said petition contains a full and fair description of me as to my name, trade, or profession, and last and usual place of abode and business, and that the several allegations in the said petition are true. Sworn &c. No. 12. PETITION OF BANKRUPTCY BY A CREDITOR. THE HIGH COURT The humble petition of of showeth as follows: 1. of is indebted to your petitioner in the sum of 2. Your petitioner does not nor does any person or persons on his behalf hold any mortgage, charge, or lien on the debtor's estate or any part thereof as security for said debt or any part thereof [ your petitioner holds security for the payment of [ part of] the said sum, but he will give up such security for the benefit of the creditors of in the event of his being adjudged a bankrupt your petitioner holds security for the payment [ part] of the said sum and he estimates the value of such security at the sum of ]. 3. The said has committed an act of bankruptcy within six months before the presentation of this petition as your petitioner has been informed by and believes. Your petitioner therefore prays that on proof of the requisites in that behalf, on the hearing of this petition, the said may be adjudged bankrupt. Received this day of 19 , at the hour of o'clock in the noon. The following affidavit is to be indorsed on the back of the petition THE HIGH COURT The petitioner named in the petition on the other side hereof makes oath and says that the several allegations in the said petition are true. Sworn &c. No. 13. DUPLICATE ORDER OF ADJUDICATION AND NOTICE TO THE BANKRUPT. THE HIGH COURT Before Mr. Justice In the matter of a petition of bankruptcy by against Upon the hearing of the said petition this day, and proof satisfactory having been given of the debt of the petitioner and of the act of bankruptcy (and trading). It is ordered that the said be and he is hereby adjudged bankrupt. Given under the seal of the Court this day of 19 . Solicitor for the petitioner. [See notice on the back hereof]. The following notice is to be indorsed on the back The time allowed for showing cause to the Court against the validity of this order of adjudication is three days from the service of this duplicate thereof upon the bankrupt, unless the Court shall think fit to extend such time according to the Irish Bankrupt and Insolvent Act, 1857 (section 129). No. 14. NOTICE BY DEBTOR TO SHOW CAUSE AGAINST THE VALIDITY OF ADJUDICATION. THE HIGH COURT. In the matter of No. a Bankrupt. Notice is hereby given that the said intends to show cause to the Court against the validity of the adjudication of bankruptcy made on the day of 19 , against him, and that it is intended to dispute the petitioning creditor's debt [or the act of bankruptcy or the trading]. Solicitor for The back of this notice shall be indorsed as follows THE HIGH COURT. In the matter of No. a Bankrupt. NOTICE OF INTENTION TO SHOW CAUSE AGAINST THE ADJUDICATION. day the day of 19, , at the hour of 11 o'clock in the forenoon, has been appointed for the hearing before the Court of the cause against the adjudication of the within notice. No. 15. SUBPOENA TO BANKRUPT TO ATTEND PUBLIC SITTINGS. THE HIGH COURT In the matter of No. a Bankrupt. To [ the bankrupt. You are hereby required personally to be and appear before the Court, at the Four Courts, Dublin, at two public sittings of the Court, to be examined, and to make a full and true disclosure and discovery of all your estate and effects according to the statute; the first of the said sittings will be held on day of 19 , and the second of the said sittings will be held on the day of 19 , , at the hour of eleven o'clock in the forenoon of each day. Herein fail not at your peril. Given under the seal of the Court at Dublin, this day of 19 . See notice on back hereof. The following notice is to be indorsed on the back of the notice 1. It is the duty of the bankrupt to deliver to the Official Assignee, Four Courts, Dublin, lists of all his creditors and all his debtors as soon as possible. 2. The statement of affairs to the bankrupt, verified upon oath in the prescribed form is to be filed in the Examiner's Office in duplicate at latest on the day before the first public sitting mentioned in the summons on the other side. 3. It is the duty of the bankrupt to apply himself at once to the preparation of his statement of affairs in order that the same may be filed as above directed. No. 16. BANKRUPT'S OR ARRANGING DEBTOR'S STATEMENT OF AFFAIRS. THE HIGH COURT Petition filed No. First sitting fixed for In the matter of of Statement of the affairs of the said at the time of the filing of the petition in this matter. £ s. d. £ s. d. Unsecured creditors as per list (A) including creditors for rent, taxes, salaries and wages, as per sub-list (A) ... Estimated value of stock and moveable chattels as per list (F) ... ... £ ... Creditors fully secured as per list (B) Less estimated value of securities ... Debts due to me, including bills receivable on hands as per list (G) which I classify as Good ... Doubtful ... Bad ... Surplus ... Creditors partly secured as per list (C) ... Total ... Estimated value of securities* ... Liabilities for which I received no consideration as per list (D) not included in debts of secured or partly secured creditors ... Which I estimate will produce Cash in bank and on hand ... ... Estimated value of my unincumbered freeholds and leaseholds as per list (H) ... ... Estimated value of other property as per lists (I) and (J) ... ... Surplus from securities in the hands of creditors from the other side ... Total estimated assets £ Deficiency ... ... Total £ Liabilities on bills discounted by me as per list (E) not included in debt of secured or partly secured creditors Of which amount I expect there will be proved against my estate fordividend Total debts ... ... I was bankrupt in the year I presented a petition for arrangement in the year, and effected an arrangement of in the pound on debts amounting to £ If not previously bankrupt, or an arranging debtor strike out. The dates and amounts are to be stated with precision. *State whether including the above surplus or not. LIST (A).DEBTS DUE BY ME. Creditors unsecured. Consecutive number of creditor Names and descriptions of creditors and claimants and their present or last address Amount of debt Date when contracted Nature and consideration of the debt, and when the debt is disputed wholly, or in part the reason thereof; state also if the amount set down is an estimate The day and the month as well as the year of the date of the contracting of the debt is (where practicable) to be given. In cases of set off, the name of the creditor must appear in this list, with the amount of the debt due to him and claimed from him inserted in brackets but the balance only, as the case may be, is to be carried into the column. SUB-LIST.—(A).DEBTS DUE BY ME. Creditors for rent, rates, taxes, salaries and wages. Names and descriptions of creditors and present and last addresses Nature of demand* Total amount Amount thereof payable in full Amount brought forward from list A. £ Total £ *State whether for "rent," "rates," "taxes," "salaries" or "wages" and precise dates when due. Rent should not be returned in the last column. Only four months wages is payable in full for wages or salary, and two months to labourer or workman. LIST (B).DEBTS DUE BY ME. Creditors fully secured by mortgage, charge or lien on the debtor's estate or any party thereof. Names and descriptions of creditors and particulars of the debt secured Amount of the debt Particulars of the securities held by each creditor, with precise dates Estimated value of securities held The day and month, as well as the year, of the date of the contracting of the debts is (where practicable) to be given. LIST (C).DEBTS DUE BY ME. Creditors partly secured by mortgage, charge or lien on the debtor's estate or any part thereof. Names and descriptions of creditors and particulars of the debt secured Amount of the debt Particulars of the securities held by each creditor, with precise dates Estimated value of security The day and month as well as the year, of the date of the contracting of the debt is (where practicable) to be given. LIST (D). Liabilities for which I received no consideration, not included in lists (B) and (C). Names and descriptions of creditors, and their present or last addresses Amount of liability or claim Date when contracted Admitted or disputed Nature and consideration of the liability or claim; also, if disputed the reason thereof The day and month, as well as the year, of the date of the contracting of the debt is (where practicable) to be given. LIST (E). Liability on bills discounted by me not incuded in lists (B) and (C). Holder's name and address (if known) Date when due Estimated amount if any, which will be proved against my estate for dividend Acceptor's name and address LIST (F).MOVABLE CHATTELS. Where to be found Name, address, and description of the person in whose possession or custody, the chattels now are Estimated present value Stock in trade .. Household goods and furniture .. Wines (slating quantities) viz. .. Other liquors (stating quantities) viz. Plate weighing troy ounces .. Jewels .. .. Other ornaments of the person, viz. Horse .. Cow .. .. Other live stock, viz. Motor and other vehicles, viz. Farming stock .. Implements of husbandry .. Other movable chattels .. LIST (G). DEBTS DUE TO ME Consecutive No. of debtor Date when contracted Ledger folio Debtor's names Present or last address and description of the debtor Amount of debt inserted under its proper head as Nature and consideration of the debt; also securities, if any, for the same In case of set off the name of the debtor must appear in this list with the amounts of the debts due to him and claimed from him inserted in brackets, but the balance only is to be carried into the column. LIST (H.) Freehold and leasehold estates, whether mortgaged or not. To be fully set out Parcels described by names and quantities and where situate Estate or interest therein Tenants annual rents, or estimated annual value if untenanted Head rent if any Present estimated value LIST (I). Documents relating to same referred to by their numbers in list (J) Persons or fund chargeable, and when determinable Original consideration Amount of annual proceeds Amount of arrear now due Present estimated value LIST (J.) PROPERTY IN EXPECTANCY. Description of the property according to the specifications contained in the preceding lists so far as the same may be respectively applicable, and how and when acquired Vested or contingent Name, address, and description of the persons now in enjoyment Present estimated value LIST (K). Books, papers, deeds, writings and other documents relating to my estate and effects, or dealings. Description [as ledger, pay-book, bill of exchange, &c.] Dates, parties' names and property comprised In whose possession and where to be found I, the said make oath and say 1. I have carefully read the foregoing statement of my affairs, on each page of which I have signed my name. 2. I say that the same contains a full and true account of all debts due by me; that the same are justly due by me, save as therein otherwise stated; and that I am not, to my knowledge, indebted to any other person or persons except the creditors therein named. 3. I say that the said statement contains a full and true account of all debts due to me and that there are not to my knowledge or belief any debts due to me except the debts therein returned. 4. I say that the said statement contains a full and true account and description of all other property of any kind or description whatsoever of which I am possessed or to which I am entitled. Sworn, &c. The several lists included in the statement of affairs are to be bound up with the foregoing affidavit and indorsed as follows: THE HIGH COURT STATEMENT OF AFFAIRS It is the duty of the bankrupt to prepare his statement of affairs in this form and to be accurate in making the statements for which the several columns are intended. Particular attention is required as to dates and amounts. This statement must be filed at latest the day before the day fixed in Iris Oifigiúil for the first public examination of the bankrupt, or ten days before the day appointed for the first sitting for composition after bankruptcy. An arranging debtor must file his account in this form ten days before the day appointed for the first private sitting. Solicitor for the debtor. No. 17. DEBTOR'S ACCOUNTING STATEMENT NOTE.—this account is to commence one year previously to the petition unless otherwise ordered by the Court. THE HIGH COURT NOTE.—the debtor must have ready to be produced to the assignees details of the several items, and be prepared to vouch them. THE ACCOUNTING STATEMENT of....................................... This account commences on the day of 19 , and accounts for all my transactions from that date to the filing of the petition in this matter. To capital on the day of 19, viz.:— By deficiency of my assets to meet my debts on the day of viz.:— Stock in trade ... ... ... ... Cash in hands and in bank ... ... Amount of debts due by me at that date Deduct my assets at that date, viz.: Amount of debts then due to me ... Less deduction for bad and doubtful debts Stock in trade ... ... ... ... Cash on hands and in bank ... ... Amount of debts then due to me ... ... Less deduction for bad and doubtful debts Difference being value of debts ... ... Value of all my other property at that date Total ... ... ... ... ... Difference being value of debts ... ... Value of all other property I then had Balance being deficiency ... ... ... Deduct debts then due by me Balance being capital on the said day By amount due to creditors, estimated to prove for dividend for which I received no consideration ... ... ... ... To difference between cost price and present value of property other than stock in trade, as shown in my statement purchased since the day of 19 By amount due to creditors on bills discounted by me, estimated to prove for dividend By difference between the amount of debts now due to me, as shown by my statement of affairs, and the present value of them—viz.: Present value ... ... ... ... Deduct cost price To profit on trading, viz.:— By amount of debts ... ... ... To stock as above ... ... ... Value of them ... ... ... ... To purchase since ... ... ... By sales ... ... ... ... Less amount already deducted for bad and doubtful debts ... ... ... ... By stock on hands, as per statement of affairs ... ... ... ... ... Balance being difference ... ... ... Balance being profit ... ... ... To profit arising from the occupation of land—viz.:— Gross produce By difference between cost price and present value of present assets, as shown in my statement of affairs—viz. Deduct outlay, including rent, taxes, seed, labour, &c. ... ... ... ... Cost price ... ... ... ... Present value ... ... ... ... Balance being profit ... ... ... Balance being difference ... ... ... To Receipts from other sources during the above period— By losses arising from the occupation of land—viz.:— Rents ... ... ... ... ... Annuities ... ... ... ... Interest ... ... ... ... ... Outlay, including rent, taxes, seed, labour, &c., ... ... ... ... ... Salary or commission ... ... ... Gross produce ... ... ... ... Professional fees or income ... ... Balance being loss ... ... ... ... Gifts, including legacies ... ... ... Profit on any transaction not included in the foregoing heads, also profit arising from realization or present increased value of assets forming capital above the estimated amount ... ... ... By trade disbursements during the above period. (The details are stated on the other side) ... ... ... ... ... By losses in trade ... ... ... ... ... ... ... ... To deficiency of my present assets to meet my debts, as shown in statement of affairs ... ... ... ... ... ... ... ... By other losses By domestic and personal expenses ... ... ... ... Total ... ... ... ... ... ... Total... ... ... ... ... ... DETAILS OF TRADE DISBURSEMENTS. Salaries ... ... ... ... Wages... ... ... ... ... Sundry trade charges ... ... ... Travelling expenses ... ... ... Rent of premises ... ... ... Taxes ... ... ... ... ... Maintenance of clerks and assistants Law charges ... ... ... ... Interest and discount ... ... ... Freights ... ... ... ... TOTAL.. ... ... ... I the said make oath and say:— I have carefully read the foregoing accounting statement and details and the several items therein, and I believe the same to be true. Sworn, &c. No. 18. NOTICE OF SITTING FOR PROOF OF DEBTS. THE HIGH COURT In the matter of a Bankrupt A public sitting in this matter will be held before the Examiner at the Four Courts, Dublin, on the day of 19 , at the hour of eleven o'clock, forenoon, for the proof and admission of debts and for the vouching of the Official Assignees account. A creditor may prove his debt at the sitting, or send his affidavit of debt in the prescribed form or his detailed account to the Official Assignee four days previously to the sitting in order to have the same admitted. Official Assignee, Four Courts. Dublin. Solicitor for the Assignee(s), No. 19. AFFIDAVIT FOR PROOF OF DEBT. THE HIGH COURT. In the matter of a Bankrupt an Arranging Debtor] [ or if before adjudication "In the matter of a petition for adjudication of bankruptcy by . against I, of make oath, and say as follows:— 1. The said [ name of bankrupt or debtor ] was, at the date of the filing of the petition in this matter, and still is justly and truly indebted to in the sum of for [ state nature of debt 2. The particulars of the said debt, and any bond, bill of exchange, or promissory note held for the same, are truly set forth in the schedules hereon indorsed, for which said debt, or any part thereof, I say that no manner of satisfaction or security whatsoever hath been to my knowledge or belief had or received, save as set forth in the said schedules. Where proof not made by creditor in person, add 3. I am a person in the employment of the said and I am duly authorized by the said to make this affidavit. It is within my own knowledge that the aforesaid debt was incurred for the consideration above stated, and such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied. Sworn, &c. of is hereby appointed agent and proxy for the undersigned in the above matter, and to represent and vote for the undersigned at any sitting or meeting held before the Court, or at any adjournment thereof (and should the undersigned be appointed creditor's assignee, to accept the trust thereof on this behalf). Signature of creditor FIRST SCHEDULE WITHIN REFERRED TO. PARTICULARS OF DEMAND. Referred to in the affidavit on the other side hereof. SECOND SCHEDULE WITHIN REFERRED TO. Bond, bill of exchange, promissory note, or security held by creditor. No. 20. NOTICE OF AUDIT AND DIVIDEND. THE HIGH COURT In the matter of a Bankrupt. A public sitting will be held before the Court, at the Four Courts, Dublin, on day, the day of 19 , at the hour of 11 o'clock in the forenoon, to audit the Assignee's account and make a dividend in this matter. Dated (Signed) Official Assignee, Four Courts, Dublin. Solicitor for the Assignee, No. 21. AFFIDAVIT OF SERVICE. THE HIGH COURT No. In the matter of I, of make oath and say as follows: 1. On the day of 19 , I served of with in this matter, bearing date the day of 19 , hereto annexed, marked with the letter A on which I have signed by name before swearing this affidavit, by delivering unto and leaving with at in the of a true copy thereof, and at the same time I showed unto the said the said hereto annexed. Where appropriate add 2. I say that at the time aforesaid I paid to the said the sum of to defray his expenses of attending, pursuant to the said Sworn, &c. No. 22. PETITION FOR ARRANGEMENT. THE HIGH COURT No. The humble petition of showeth as follows: 1. Your petitioner is unable to meet his engagements with his creditors. 2. Your petitioner desires to lay the state of his affairs before his creditors under the control of the Court, and to submit himself to the jurisdiction thereof, and to make a proposal to his creditors through the Court, according to the provisions of the statutes in that behalf. 3. The true cause of such inability of your petitioner arises from [ state cause Your petitioner therefore submits himself to the jurisdiction of the Court and humbly prays that his person and property may be protected from process until further order, and that such proposal as he may be able to make to his creditors for the future payment or compromise of his debts or engagements and which shall be agreed to by them, may be executed under the direction of the Court. Signed by the petitioner in the presence of Received this day of 19 , at the hour of o'clock. [The back of this notice shall be indorsed as follows:—] THE HIGH COURT In the matter of a petition for arrangement by I, the said make oath, and say that the several allegations in the said petition are true. Sworn, &c. No. 23. ARRANGEMENT.—NOTICE OF PRELIMINARY MEETING. THE HIGH COURT In the matter of a petition for arrangement by of I beg to inform you that, pursuant to Order 76, rule 110. of the Rules of the Superior Courts, a preliminary meeting of creditors to consider the affairs of the petitioner will be held at on the day of 19 , at the hour of o'clock, A statement of the affairs of the said petitioner who obtained protection on the day of will be submitted to the meeting. The petitioner will be available at the meeting with all necessary information and he may be fully examined thereat as to his business, course of trading, causes of failure and other relevant matters, and as to the proposed scheme of arrangement. Solicitor for the petitioner. No. 24. ARRANGEMENT.—NOTICE OF FIRST PRIVATE SITTING. THE HIGH COURT In the matter of a petition for arrangement the of Whereas the said being unable to meet his engagements with his creditors, did on the day of 19 , present a petition to the Court, setting forth the true cause of such inability, and praying that his person and property might be protected from process, and that such proposal as he might be able to make to his creditors for the future payment or compromise of his debts or engagements, and which should be agreed to by them, might be executed under the direction of the Court, and protection was thereupon given to the said petetioner from process until the day of 19 , or until further order. Notice is hereby given, that a first private sitting will be held before the Court, at the Four Courts, Dublin, on the day of 19 , at eleven o'clock in the forenoon for the proof of debts, and for the purpose of the petitioner submitting to his creditors a proposal for the future payment or compromise of his debts and engagements. At such sitting, if three-fifths in number and value of creditors who have proved debts to the amount of ten pounds or upwards shall assent to such proposal, or any modification thereof a second private sitting will be appointed for the confirmation thereof. The proposal to be made by the petitioner at the said sitting is [ sel out Any person duly authorised in writing under the hand of any creditor who has proved a debt to the amount of £10 and upwards, shall be entitled to vote on the question of assent or dissent to the proposal of the said petitioner. No creditor whose debt is less than £10 is entitled to vote. Solicitor for petetioner. A creditor in respect of salary or wages who proves and votes loses his claim to a preferential payment. No. 25. ARRANGEMENT.—NOTICE OF SECOND PRIVATE SITTING. THE HIGH COURT No. In the matter of a petition for arrangement by of Whereas a first private sitting of the Court was held in this matter on the day of 19 , at which the majority required by the statute of creditors in number and value, who respectively proved debts to the amount of ten pounds and upwards, assented to the proposal of the petitioner for the future payment or compromise of his debts or engagements to be executed under the direction of the Court. Notice is hereby given, that a second private sitting will be held before the Court, at the Four Courts, Dublin, on the day of 19 , at the hour of eleven o'clock forenoon, for proof of debts and the confirmation of such proposal.

And notice is further given that if at such second sitting three-fifths in number and value of the creditors who shall have proved debts to the amount of ten pounds shall agree to accept such proposal, the same will be reduced into writing to be signed by the creditors, and if confirmed by the Court will thenceforth be binding and of full force against the petetioner and all persons who were creditors at the date of his petition who have had notice of the said sittings. The proposal made by the petitioner and assented to by the majority required by the statute of creditors voting at the first private sitting was: Any person duly authorised in writing under the hand of any creditor who has proved a debt to the amount of £10 and upwards, shall be entitled to vote on the question of assent or dissent to the proposal of the said petitioner. Solicitor for the petitioner. No. 26. ARRANGEMENT.—NOTICE OF SPECIAL MEETING. THE HIGH COURT In the matter of a petition for arrangement by of Whereas the said being unable to meet his engagements with his creditors, did on the day of 19 , present his petition to the Court, setting forth the true cause of such inability, and praying that his person and property might be protected from process until further order, and that such proposal as he might be able to make to his creditors for the future payment or compromise of his debts or engagements, which should be agreed to by them, might be executed under the direction of the Court. And whereas at the second private sitting of the Court held in this matter on the day of 19 , three-fifths in number and value of the creditors who proved debts to the amount of ten pounds and upwards, agreed to accept the proposal of the petitioner the terms whereof were reduced into writing as a resolution, on agreement, and signed by the auditors, such proposal being in the words or figures following, that is to say [ set it out ] whereupon the Court was pleased to confirm the same. And whereas a difficulty has arisen in the execution of the said resolution or agreement by reason of [ set it out Notice is hereby given that a special sitting of the Court, pursuant to the Irish Bankrupt and Insolvent Act, 1857 (section 351) will be held in this matter, at the Four Courts, Dublin, on the day of 19 , at the hour of eleven o'clock, forenoon, for proof of debts, and for the purpose of altering the said resolution or agreement. At such special sitting the resolution of the majority in number and value of the creditors present or represented at such sitting, who shall have respectively proved debts to the amount of ten pounds, to confirm, alter, or annul the whole or any part of the said resolution, shall be as valid as if it had been part of the said original resolution or agreement. The alteration proposed by the petitioner to be made in the resolution or agreement above stated is [ set it out Solicitor for the petitioner. No. 27. FORM OF AUTHORITY TO THE BANK OF IRELAND FOR TRANSFERS TO AND PAYMENTS OUT OF THE "BANKRUPTCY DIVIDENDS ACCOUNT." THE HIGH COURT No. In the matter of a Bankrupt [ Arranging Debtor]. No. of authority: The Bank of Ireland is hereby authorised to transfer in their books from the account of the above estate to the Bankruptcy Dividends Account the total amount of the sums specified in the schedule hereto, viz., pounds and to pay to the several persons therein mentioned the respective sums set opposite their names, on presentation of the notifications of such authority for payment issued by the Official Assignee, and receiped by the payees, the sums so paid to be charged to the said Bankruptcy Dividends Account. Official Assignee. SCHEDULE REFERRED TO. To whom payable Date of No. 28. FORM OF NOTIFICATION TO CREDITORS OF DIVIDEND (OR CASH COMPOSITION) BEING PAYABLE. THE HIGH COURT Payable at the Bank of Ireland, Dublin . [ In the matter of a Bankrupt [ Arranging Debtor]. No. of authority No. of creditor on schedule . The Bank of Ireland has been authorised to pay to you pounds being the amount of the dividend [ cash composition], at in the £, upon the debt of £ for which you have been admitted in this matter. Payment will be made at the Bank of Ireland, Dublin, upon through a bank of this notification with the form of receipt hereunder duly signed by you. If payment be not claimed within twelve months from the date hereof the amount may be transferred to the "Unclaimed Divident Account" of the Court. Official Assignee, Four Courts, Dublin. I acknowledge to have received the above sum. Signature of creditor No. 29. AFFIDAVIT AS TO TRADING. THE HIGH COURT In the matter of a petition for adjudication of bankruptcy against of by make oath and say that I know the said and he has to my knowledge used and exercised the trade and business of aforesaid and sought and endeavoured to get his livelihood thereby as others of the same trade or business usually do, and that he continued to carry on said trade or business up to Sworn, &c. No. 30. CERTIFICATE OF THE VESTING OF THE ESTATE AND EFFECTS. THE HIGH COURT In the matter of This is to certify that all the estate and effects, real and personal of the said have been vested in the Official Assignee, and in creditor's Assignee in this matter. Given under the seal of the Court this day of . No. 31. CHOICE AND APPOINTMENT OF CREDITORS' ASSIGNEE. THE HIGH COURT No. . the day of 19 Before Mr. Justice In the matter of a Bankrupt. Be it remembered that this being the appointed day for the choice of a creditors' Assignee in this matter, whose name(s) hereunto subscribed, do hereby choose and appoint [ name and address ] to be the creditors' Assignee of the estate and effects, real and personal, of the said bankrupt jointly with the Official Assignee. Creditor's name Amount of the creditor's debt Signature of creditor or authorised agent I, the said do hereby accept the office and appointment of creditors' Assignee, and consent to act herein according to the provisions of the statute. Creditors' Assignee. It appearing to the Court that the said creditors constitute the major part in value of the creditors of the bankrupt present at this sitting who have proved debts in this matter, the Court doth approve of the said appointment. No. 32. WARRANT OF SEIZURE. THE HIGH COURT No. . In the matter of a Bankrupt. Whereas on the day of 19 , an order of adjudication of bankruptcy was made against the said bankrupt. These are therefore to require, authorise, and empower you, and every one of you to whom this warrant is directed, forthwith to enter into and upon the house and other premises of the said bankrupt, and also into all other place and places belonging to the said bankrupt where any of his goods are, or are reputed to be; and there seize all the ready money, jewels, plate, household stuff, goods, merchandize, books of account, and all other things whatsoever belonging to the said bankrupt except his necessary wearing apparel, bedding and tools, as are excepted by the statute in that behalf; and such things as you shall so seize you shall cause to the inventoried, and such inventory you shall return to the Court with all convenient speed, and what you shall so seize you shall safely detain and keep in your possession until the Court shall give you order for the disposal thereof; and in case of resistance, or of not having the key or keys of any door or lock belonging to any place or places as aforesaid, or any door, trunk or chest of the said bankrupt where any of his goods are, or are reputed to be, the same you shall break open, or cause to be broken open for the better execution of this warrant. Given under the seal of the Court. To.........................Examiner. Messenger of the Court. or................................ his Assistant. No. 33. ARRANGEMENT.—CONSENT OR UNDERTAKING OF SURETY. THE HIGH COURT No. . In the matter of an Arranging Debtor. Whereas the said presented his petition to the Court on the day of 19 , praying that such proposal as he might be able to make to his creditors for the future payment or compromise of his debts or engagements, and which should be agreed to by them, might be executed under the direction of the Court. And whereas the said hath made a proposal in the words and figures following, that is to say [ set out (Signature of surety) I hereby certify that I know the proposed surety who signs in my presence Signature of witness [Peace commissioner, clergyman, solicitor or bank manager]. No. 34. CERTIFICATE OF CONFORMITY. THE HIGH COURT No. In the matter of a Bankrupt. Whereas the said of was on the day of 19 , duly adjudged and declared a bankrupt and the bankrupt has made full disclosure and discovery of his estate and effects, and in all things conformed, and so far as the Court can ascertain there doth not appear any reason to question the truth or fulness of such discovery. Now this is to certify that on the day of 19 , at a public sitting of the Court held for the allowance of this certificate to the said bankrupt and having regard to the conformity of the said bankrupt to the law of bankruptcy, the Court did then and there find the said bankrupt entitled to such certificate and did allow the same. Given under the seal of the Court. Signed and sealed in the presence of No. 35. EXAMINER'S REPORT OF COMPLETION OF ARRANGEMENT. THE HIGH COURT No. In the matter of a petition for arrangement by Upon inquiry held by me, pursuant to Order 76, rule 115, of the Rules of the Superior Courts, I find and report as follows:— On the day of 19 , a second private sitting was held in this matter when three-fifths in number and value of the creditors who proved debts to the amount of £10 and upwards resolved to accept the proposal of the petitioner for the compromise of his debts which said proposal was in the words following:— The terms thereof were reduced into writing as a resolution ( agreement) and signed whereupon on the same day an order was made by the Court confirming the said resolution ( agreement) of creditors. I find and report that the said resolution ( agreement) has been carried into effect and the creditors of the said in the matter of the said arrangement have been satisfied according to the tenor thereof. No. 36. ARRANGEMENT CERTIFICATE TO PETITIONING DEBTOR. THE HIGH COURT No. In the matter of a petition for arrangement by Whereas the said being a debtor unable to meet his engagements with his creditors, did on the day of present a petition to the Court under the provisions of the Irish Bankrupt and Insolvent Act, 1857, praying that such proposal as he might be able to make to his creditors for the future payment or compromise of his debts or engagements might be executed under the direction of the Court. And whereas private sittings of the Court have been held in this matter as directed by the said Act. And whereas the proposal of the petitioner was by a certain resolution ( agreement) duly agreed to be accepted by the creditors which the Court, thinking to be reasonable and proper to be executed under its direction, caused to be filed in the Court. And whereas the said resolution ( agreement) has been fully carried into effect. Now the Court doth hereby certify the several matters aforesaid this day of No. 37. COMPOSITION AFTER BANKRUPTCY—REPORT OF EXAMINER. THE HIGH COURT No. In the matter of a Bankrupt. Upon inquiry held by me pursuant to Order 76, rule 107, of the Rules of the Superior Courts, I find and report as follows:— On the day of 19 , a second meeting of creditors was held in this matter for the purpose of deciding upon the offer of composition made by the bankrupt which had been agreed to by the creditors at the first meeting. At such second meeting three-fifths in number and value of the creditors computed according to the statute agreed to accept the offer, which was in the words following:— Set out offer I find and report that the composition so agreed to be accepted has been paid to all the creditors entitled thereto, or has been lodged with the Official Assignee for such of the creditors as cannot be found, or who may have declined to receive the same. I further find that all costs ordered by the Court and all preferential debts have been paid or satisfied. Dated (Signed) Examiner No. 38. THE HIGH COURT No. In the matter of a Bankrupt. Whereas by evidence duly taken upon oath it hath been made to appear to the satisfaction of the Court that there is reason to suspect and believe that property of the said is concealed in the house [ other place, describing it, as the case may be ] of of You are hereby authorized and required, with necessary and proper assistance, to enter, in the daytime, into the said house [ or other place, describing it, as the case may be Given under the seal of the Court, this day of To Messenger and his assistants. No. 39. WARRANT OF COMMITTAL FOR UNSATISFACTORY ANSWERING OR FOR REFUSING TO SIGN EXAMINATION. THE HIGH COURT. No. In the matter of a Bankrupt. To the Commissioner and members of the Garda Síochána, greeting. Whereas the said of was on the day of duly sworn and examined in the Court; and the said was again on the day of duly sworn and examined in the Court, as by the examination and deposition of the said now on the file of proceedings in this matter will appear; And whereas the answers of the said , as now so appearing in the said examination and deposition, are unsatisfactory [ the said refused to sign and subscribe his said examination and deposition]; You are hereby commanded, immediately upon the receipt hereof, to arrest the said and thereupon to lodge him in prison and to deliver this warrant to the Governor of such prison, who is hereby commanded to keep the said in his custody without bail, until the Court shall make an order to the contrary. Given under the seal of the Court. No. 40. WARRANT OF COMMITTAL FOR REFUSING TO BE SWORN OR TO ANSWER. THE HIGH COURT No. In the matter of a Bankrupt. To the Commissioner and members of the Garda Síochána, greeting. Whereas of being present in the Court on the day of was required to submit to be duly sworn and examined, pursuant to the Statute but the said then and there refused to be sworn [ refused to answer the questions put to him by the Court]: You are hereby commanded, immediately upon receipt hereof, to arrest the said and thereupon to lodge him in prison and to deliver this warrant to the Governor of such prison, who is hereby commanded to keep the said in his custody without bail, until he shall submit himself to the Court to be sworn, and full answers made, to the satisfaction of the Court to such questions as shall be propounded to him. Given under the seal of the Court. No. 41. WARRANT OF COMMITTAL AGAINST PERSONS DISOBEYING AN ORDER OF COURT. THE HIGH COURT In the matter of a Bankrupt. To the Commissioner and members of the Garda Síochána, greeting. Whereas by an order of the Court, bearing date the day of it was ordered that [ &c., as in the order And whereas it is now proved that on the day of a copy of the said order was duly served on the said personally; but the said hath not as yet obeyed the said order: You are hereby commanded, immediately upon receipt hereof, to arrest the said and thereupon to lodge him in prison and to deliver this warrant to the Governor of such prison, who is hereby commanded to keep the said in his custody, without bail, until the Court shall make an order to the contrary. Given under the seal of the Court. No. 42. WARRANT TO APPREHEND DEBTOR ABOUT TO ABSCOND AFTER DEBTOR'S SUMMONS.____________________ THE HIGH COURT In the matter of a debtor's summons by against To the Commissioner and members of the Garda Síochána, greeting. Whereas a debtor's summons dated the day of 19 , has been issued by the said against the said And whereas it has been proved to the satisfaction of the Court that there is probable reason for believing that the said is about to go abroad with a view to avoiding payment of the debt for which such summons has been granted. You are hereby commanded, immediately upon the receipt hereof, to arrest the said and thereupon to lodge him in prison and to deliver this warrant to the Governor of such prison, who is hereby commanded to keep the said in his custody until he shall be discharged by the Court. Given under the seal of the Court. APPENDIX P FUNDS IN COURT. No. 1. O.77, r. 2(3) LODGMENT SCHEDULE. THE HIGH COURT Date of order 19 . No. Title of cause or matter Ledger credit [ if same as title of cause, state "as above"]* Lodgement Schedule. Particulars of funds to be lodged Persons to make the lodgment No. 2. O. 77, r. 3 (3) PAYMENT SCHEDULE. Follow Form No. down to* Funds in Court [ set out Payment Schedule. Particulars of payments, transfers of other operations ordered Payees and transferees or separate accounts No. 3. O. 77, r. 5 COMBINED LODGMENT AND PAYMENT SCHEDULE. Follow Form No. down to* Lodgment and payment schedule. I. Lodgment. Particulars of funds to be lodged Person to make the lodgment II. Payment Funds to be dealt with National Loan. Funds to be lodged as above Particulars of payments, transfers or other operations ordered Payees, transferees, or separate accounts No. 4 O. 77, r. 8 CERTIFICATE OF ASCERTAINED SUMS. Follow Form No. down to * I certify that under an order dated 19 , the sums stated in the schedule hereto amounting in the whole to £ , have been ascertained to be the sums payable under the said order to the persons respectively named, in respect of [ state in what character paid Registrar Taxing Master. (if ascertained) Amount to be paid No. 5. O. 77, r. 9 CERTIFICATE OF TAXED COSTS. Follow Form No. down to * In pursuance of an order dated 19 , I have been attended by the solicitors for and I certify that I have taxed the costs specified in the schedule hereto, directed to be taxed by the said order, at the sums respectively stated in the schedule, which sums with the costs of taxation specified (if any), amount to the total sum of (Signed) Taxing Master. Costs of Payable to Amount of taxed costs and fees Total £ No. 6. O. 77, r. 13 CERTIFICATE OF EXECUTION OF DOCUMENT Follow Form No. down to * An order of the Court dated 19 , having directed that the undermentioned dealings with the funds specified shall be contingent upon the execution of [ describe the document to be executed ], I hereby certify that the said document has been executed as directed in the said order of the Court. Whether payment transfer, or other operation, and description of securities (if any) Name of payee, transferee or separate account Amounts to be dealt with Total £ Amount in words Total only of each money column. Examiner or Registrar. No. 7. O. 77, r. 21 REQUEST FOR LODGMENT OF MONEY. THE HIGH COURT Title of cause of matter ] 19 , No. I.—Request for direction for lodgment. Ledger credit to which lodged [If same as title or cause, state "as above"] Further particulars (if any] should be stated The Accountant is hereby requested to issue a direction to the Bank to receive from the sum of £ for the ledger credit in the books of the Accountant above specified. II.—Accountant's direction for lodgment. To the Governor and Company of the Bank of Ireland. Please receive the above-stated sum, and place it to the account of the Accountant, Four Courts, Dublin. III. Bank certificate of receipt. To the Accountant, Four Courts, Dublin. Bank of Ireland, 19 The above-stated sum has been this day received. No. 8. O. 77, r. 21 REQUEST FOR LODGMENT OR TRANSFER OF SECURITIES. THE HIGH COURT Title of cause or matter I. Request for direction for lodgment or transfer of securities. Ledger credit to which lodged [If same as title of cause, state "as above".] Authority is hereby requested for the lodgment (or transfer) to the account of the Accountant, Four Courts, Dublin, of the securities mentioned below, for the ledger credit in the books of the Accountant above specified. To be lodged ( transferred) by Description and amount of securities, Date of order (if any) II.—Accountant's direction for lodgment or transfer. Authority is hereby given for the lodgment or transfer of the above-mentioned securities to the account of the Accountant, Four Courts, Dublin. III.—Certificate of lodgment or transfer. It is hereby certified that in accordance with the above authority the securities herein mentioned have this day been lodged or transferred to the account of the Accountant, Four Courts, Dublin. No. 9. O. 77, r. 21 REQUEST FOR LODGMENT IN COURT UNDER ORDER 22. THE HIGH COURT 19 No. Title of action I.—Request for lodgment of money under Order 22. Ledger credit to which lodged [If same as title of action, state "as above"] The Accountant is requested to issue a direction to the Bank to receive and place on deposit (delete reference to deposit if not required) which £ amount is paid in on behalf of the defendant [ state name, and continue as exemplified in the note and placed on deposit (delete reference to deposit if not applicable). Insert according to the circumstances ) in satisfaction of the claim of above-named [ state name of party ] with an admission of liability. ) against the claim of above-named [ state name of party ] with a denial of liability. ) with a defence setting up tender. ) against the claim of the plaintiff for rent. or as the case may be II.—Accountant's direction for lodgment. As in Form No. 7 III.—Bank certificate of receipt. As in Form No. 7 No. 10. O. 77, r. 31 NOTICE OF APPROPRIATION UNDER ORDER 22, RULE 9, OF MONEY LODGED. THE HIGH COURT 19 No. Title of action Notice of appropriation of money lodged. Ledger credit: [ If the same as title of action, state "as above."] To the Accountant, Four Courts, Dublin. Take notice that under Order 22, rule 9, £ of the money lodged in the Court in this action under order dated 19 , is appropriated by the defendant [ state name of party and continue as exemplified in the note in Form No. 9 No. 11. O. 77, r. 32(1) REQUEST FOR PAYMENT OF MONEY AGAINST CLAIM. THE HIGH COURT 19 . No. [Title of action] Request for payment of money lodged or appropriated against claim with defence denying liability. Ledger credit: [ If same as title of action, state "as above."] To the Accountant, Four Courts, Dublin. I hereby notify you that the sum of £ paid in the above action has been accepted by the plaintiff in satisfaction of the claim in respect of which it is paid in, and I declare that due notice has been given of such acceptance thereof. And I request that payment of the said sum may be made to Witness (Signed) Signature and address ] [ N.B.—If payment is to be made to the plaintiff's solicitor the plaintiff shall himself sign the request, the words "my solicitor" [ naming such solicitor ] having been first inserted but if payment is to be made to the plaintiff in person, the request may be signed either by the plaintiff, or by the solicitor of the plaintiff, the words "me, the plaintiff" or who shall insert "the plaintiff [ naming him ], as the case may be, being first inserted. Payment will be made by a draft which shall be passed through a bank. No. 12. O. 77, r. 39 POWER OF ATTORNEY. Know all men by these presents that I, do hereby constitute and appoint of my attorney in my name, and on my behalf to receive of and from the Accountant, Four Courts, Dublin, Ireland,the cheque or draft for the sum of £ payable to me under an order of the High Court dated in a cause or matter entitled and upon receipt thereof, or any part thereof, to give proper acquittances and discharges from the same, and I hereby ratify, confirm and allow whatsoever my said attorney shall lawfully do or cause to be done in the premises by virtue of this authority. In witness whereof I have hereunto set my hand and seal this [ to be written in words ] day of thousand nine hundred and Signed, sealed and delivered by the said [ name of grantor in full ] in our presence. Signature of witness Grantor's signature Signature of witness Instructions to be strictly observed by grantors and witnesses respectively. DATE.—The date of the power must be inserted in words (and not in figures) at the time of execution. If executed by more than one person the power should be dated on the day and at the time when the first signature is attached. 1. In all cases, the signature of each person executing the power must be attested by the signature of two credible witnesses, who must add their full addresses, and their occupations. Notaries public and other officials should also affix their official seals. 2. If the power be executed outside Ireland, its execution should be verified in the manner specified in Order 78 of the Rules of the Superior Courts. 3. When clerks or servants are witnesses they must give the names and addresses of their employers. A female witness must state whether she is a spinster, married woman or widow. A husband or wife is not a valid witness to the execution of a power of attorney in which either of them is the grantor or grantee. 4. When a person unable to write executes a power of attorney by affixing a mark ( ) instead of a signature, the witnesses must declare in writing that the power of attorney was first read over and fully explained to, and appeared to be understood by, such person. ALTERATIONS, ERASURES, &c.—If any addition, alteration, interlineation or erasure be made in a power of attorney, it must be stated in each attestation by the witnesses that such addition, alteration, interlineation, or erasure was made prior to the execution of the power. No. 13. O. 77, r. 48 DECLARATION TO BE MADE BY A WIDOW OR NEXT-OF-KIN OF A PERSON WHO HAS DIED INTESTATE, WHEN LETTERS OF ADMINISTRATION HAVE NOT BEEN TAKEN OUT, AND WHEN THE TOTAL ASSETS OF THE ESTATE OF THE DECEASED HAVE NOT EXCEEDED THE VALUE OF £5,000. I, do solemnly and sincerely declare that: 1. I am [ state relationship ] and one of the next-of-kin of deceased, and I am entitled to take out administration to his estate, and to receive the sum of £ directed to be paid to him by the order of the High Court dated in the cause or matter entitled 2. The total value of the assets of the deceased, including the above sum, does not exceed £5,000, and the funeral expenses of the deceased have been paid. 3. I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 Declared, &c. No. 14. O. 77, r. 65 REQUEST FOR INVESTMENT OF MONEY LODGED UNDER THE TRADE UNION ACT, 1941 Name and address of trade union. The Accountant is hereby requested to invest the sum of £ deposited by this Trade Union under the Trade Union Act, 1941 , in the following security [or securities]: No. 15. O. 77, r. 65 REQUEST FOR VARIATION OF SECURITIES DEPOSITED UNDER THE TRADE UNION ACT, 1941 Name and address of trade union The Accountant is hereby requested to sell the following security or securities comprised in this Trade Union's deposit, namely: and to invest the proceeds of said sale in the following security (or securities):— Treasurer.____________________ No. 16. O. 77, r. 66 REQUEST FOR PAYMENT TO A BANK OR OTHER PAYEE OF INCOME ON SECURITIES COMPRISED IN A DEPOSIT UNDER THE TRADE UNION ACT, 1941 .____________________ Name and address of trade union The Accountant is hereby requested and authorised to pay the income as received from the securities from time to time comprised in the deposit of this Trade Union to [ name and address whose receipt shall be a full and sufficient discharge. No. 17. O. 77, r. 66 STATUTORY DECLARATION TO BE MADE WHEN INCOME TO BE PAID OTHERWISE THAN TO BANKERS OF DEPOSITOR.____________________ I, of do solemnly and sincerely declare that I am the Secretary [ Treasurer] of the Trade Union, by which a deposit has been made pursuant to the Trade Union Act, 1941 , and that I am authorised by the said Trade Union to request payment of the income or dividends on such deposit to be made to . And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 Declared, &c.____________________ No. 18. O. 77, r. 67 REQUEST FOR RETURN OF DEPOSIT MADE UNDER THE TRADE UNION ACT, 1941 .____________________ Name and address of trade union The Accountant is hereby requested to pay and/or transfer to: Full name(s) of transferees the following amounts of cash and/or securities all [or part of] the deposit made on behalf of the above-named Trade Union, namely: ............................................................ ............... ............................................................ ........... No. 19. STATUTORY DECLARATION TO BE MADE WHEN PAYMENT OF MONEY OTHERWISE THAN TO BANKERS OR TRANSFER OF SECURITIES IS REQUESTED.____________________ I, of do solemnly and sincerely declare that I am the secretary of the Trade Union, by which a deposit has been made pursuant to the Trade Union Act, 1941 I, of do solemnly and sincerely declare that I am the treasurer of the said Trade Union. And We, the said and the said do solemnly and sincerely declare that we are authorised by the said Trade Union to request the return of the said deposit [ or a specified portion thereof ] and that payment or transfer thereof be made to . set out manner And we make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declaration Act, 1938, ............................................................ ... ............................................................ ......................... Declared, &c. APPENDIX Q PART I. No. 1. HEADING OF FORMS. THE HIGH COURT Add where appropriate "The District Probate Registry at ."____________________ No. 2. AFFIDAVIT OF ATTESTING WITNESS.____________________ Heading as in Form No. In the estate of late of deceased. I, of aged years and upwards, make oath and say that I am one of the subscribing witnesses to the last will [ codicil] of the said late of [ address and description ] deceased; the said will codicil] bearing date the day of 19, and that the said testator executed the said will [ codicil] on the day of the date thereof, by signing his name [ affixing his mark, being illiterate unable to write from physical debility], at the foot or end thereof as the same now appears thereon, in the presence of me and of the other subscribed witness thereto, both of us being present at the same time—and we thereupon attested and subscribed the said will [or codicil] in the presence of the said testator and of each other, [ if will was signed with a mark add :] And I further say, that before said testator executed said will [ codicil] in manner aforesaid, same was truly, audibly, and distinctly read over to him by me, and said testator appeared fully to understand the same, and was at the time of the execution thereof of sound mind, memory, and understanding.] Sworn, &c. : The will should not be marked by the deponent or by the commissioner.____________________ No. 3. OATH OF EXECUTOR.____________________ Heading as in Form No. In the estate of late of deceased. I, of aged years and upwards, make oath and say, that I believe the paper writing hereto annexed, and marked by me, to contain the trueand original last will [ last will with codicils] of late of [ address and description ] deceased; that same was made by the said after attaining the age of years, and that he did not intermarry with any person after the making of same; that I am the [ state relationship ] of the said and the sole executor in the said will [ will and codicils] named [ or as the case may be ]; that I will faithfully administer the estate of the said testator, by paying his just debts and the legacies bequeathed by his said will [ will and codicils], so far as the same shall thereto extend and the law bind me; that I will exhibit a true inventory of the said estate, and render a true account thereof, whenever required by law so to do; that the testator died at on the day of [ where application is made in District Probate Registry add ] and that the testator has at the time of his death a fixed place of abode at within the district of and that the whole of the estate which devolves on and vests in his legal personal representative amounts in value to [ the gross assets, without any deductions for debts ] and no more, to the best of my knowledge, information and belief. Sworn, &c.____________________ No. 4. OATH OF ADMINISTRATOR WITH THE WILL. Heading as in Form No. In the estate of late of deceased I, of aged years and upwards, make oath and say, that I believe the paper writing hereunto annexed, and marked by me, to contain the true and original last will [ last will with codicils] of late of [ address and description ], deceased, and that same was made by the said after attaining the age of years, and that he did not intermarry with any person after the making of same, and that the executor therein named, predeceased the said testator [ or as the case may be ], and that I am the [ state relationship ] of said testator and the residuary legatee named in the said will [ or as the case may be ], that I will well and faithfully administer the estate of the said testator, by paying his just debts and the legacies bequeathed by his said will [ will and codicils] and distributing the residue of his estate according to law; and that I will exhibit a true and perfect inventory of the said estate, and render a true account thereof whenever required by law so to do; and that the testator died at on the day of [ where application is made in a District Probate Registry, add: and had at the time of his death a fixed place of abode at within the district of ] and that the whole of the personal estate of the said testator amounts in value to the sum of [ the gross personal estate, without any deductions for debts ] and that the whole of the real estate of the said testator which devolves on and vests in his legal personal representative is of the market value of [ the amount shown in the affidavit of market value ] and no more to the best of my knowledge, information and belief. Sworn, &c. No. 5. OATH OF ADMINISTRATOR.____________________ Heading as in Form No. In the estate of late of deceased. I, of aged years and upwards, make oath and say that late of [ address and description ], deceased, died intestate [ state here whether bachelor, &c., and clear off all other parties entitled to grant in priority to applicant; and state capacity in which applicant seeks administration ] that I am the lawful of said deceased and that I will well and faithfully administer the estate of the said deceased by paying his just debts and distributing the residue of said estate according to law, and that I will exhibit a true inventory of the said estate and render a true account thereof, whenever required by law so to do; that the said deceased died at on the day of [ where application is made in a District Probate Registry, add : and that the said deceased had at the time of his death a fixed place of abode at within the district of ] and that the whole of the personal estate of the said deceased amounts in value to the sum of [ the gross personal estate without any deductions for debts ] and that the whole of the real estate of the said deceased which devolves on and vests in his legal personal representatives is of the market value of [ the amount shown in the affidavit of market value ] and no more to the best of my knowledge, information and belief. Sworn, &c.____________________ No. 6. PROBATE.____________________ Heading as in Form No. Be it known, that on the day of the last will a copy of which, signed by the Probate Officer [ District Probate Registrar] is hereunto annexed, of deceased, who died on or about the day of [ where grant issued out of a District Probate Registry insert and who at the time of his death had a fixed place of abode at within the district of ] was proved, and registered in the Probate Office [ District Probate Registry] and that the administration of all the estate which devolves on and vests in the personal representative of the said deceased was granted by the Court to named in the said will [and codicils] he having been first sworn faithfully to administer the same. Insert appropriate certificate as to Inland Revenue affidavit No. 7. ADMINISTRATION INTESTATE. Heading as in Form No. Be it known that on the day of letters of administration of the estate which devolves on and vests in the personal representative of deceased, who died intestate on or about the day of [ where grant issued out of a District Probate Registry insert and who at the time of his death had a fixed place of abode at within the district of ] were granted by the Court to he having been first sworn faithfully to administer the same. Insert appropriate certificate as to Inland Revenue affidavit ].____________________ No. 8. ADMINISTRATION WITH THE WILL ANNEXED.____________________ Heading as in Form No. Be it known, that deceased, who died on or about the day of at [ where grant issued out of a District Probate Registry insert and who at the time of his death had a fixed place of abode at within the district of ] made and duly executed his last will (and codicils) a copy of which, signed by the Probate Officer [ District Probate Registrar] is hereunto annexed and did therein name [ did not therein name any] executor [ or as the case may be And be it further known that on the day of letters of administration with the said will annexed of the estate which devolves on and vests in the personal representative of the said deceased were granted by the Court to he having previously been sworn faithfully to administer the same, according to the tenor of the said will (and codicils). Insert appropriate certificate as to Inland Revenue affidavit ].____________________ No. 9. UNADMINISTERED PROBATE.____________________ Heading as in Form No. Be it known that deceased, who died on or about the day of at [ where grant issued out of a District Registry insert and who at the time of his death had a fixed place of abode at within the district of ], made and duly executed his last will [a copy of which, signed by the Probate Officer [ District Probate Registrar] is hereunto annexed], and did therein name executors and that on the day of probate of said will, with administration of the estate which devolves on and vests in the personal representative of the said deceased was granted at the Probate Office [ District Registry aforesaid] to the said [power being reserved of making a like grant to the said ] which probate now remains of record; and that the said after taking such probate upon him intermeddled in the estate of the said deceased, and died on the day of , leaving part thereof unadministered. And be it further known that on the day of the said will [and codicils] of said deceased was also proved in the Probate Office [ said District Probate Registry] and that the administration of the estate which devolves on the vests in the personal representative of the said deceased and which was so left unadministered was granted to the said he having been first sworn faithfully to administer the same. Insert appropriate certificate as to Inland Revenue affidavit ].____________________ No. 10. DOUBLE PROBATE.____________________ Heading as in Form No. Be it known that on the day of the last will a copy of which, signed by the Probate Officer [ or District Probate Registrar ] is hereunto annexed, of deceased, who died on or about the day of at [ where grant issued out of a District Probate Registry add and who at the time of his death had a fixed place of abode at within the district of ] was proved and registered in the Probate Office [ District Probate Registry] and that the administration of the estate, which devolves on and vests in the personal representative of the said deceased was granted by the Court to one of the executors named in the said will, he having been first sworn faithfully to administer the same [power being reserved of making a like grant to the other executor named in said will]. And be it further known that on the day of the said will [and codicils] was also proved in the Probate Office [ said District Probate Registry] and that the like administration of the said estate was granted by the Court to the said he having been first sworn faithfully to administer the same. Insert appropriate certificate as to Inland Revenue affidavit ].____________________ No. 11. ADMINISTRATION WITH WILL ANNEXED (DE BONIS NON).____________________ Heading as in Form No. Be it known that deceased, whodied on or aboutthe day of 19 , at [ where application is made in District Probate Registry add and who at the time of his death had a fixed place of abode at within the district of ], made and duly executed last will [a copy of which, signed by the Probate Officer [ District Probate Registrar], is hereunto annexed] and did therein name executor, and that on the day of [probate of the said will and administration of the estate which devolves on and vests in the personal representative] of said deceased were granted at the Probate Office [ District Probate Registry aforesaid] to [which now remains of record in ] who after taking such upon intermeddled in the estate of said deceased; and afterwards died on the day of 19 , leaving part thereof unadministered, and that on the day of 19 , letters of administration of the said estate which devolves on and vests in the personal representative of the said deceased and which was so left unadministered, with said will annexed, were granted at the Probate Office [ District Probate Registry] to he having been first sworn faithfully to administer the same. Insert appropriate certificate as to Inland Revenue affidavit ].____________________ No. 12. ADMINISTRATION INTESTATE (DE BONIS NON).____________________ Heading as in Form No. Be it known, that deceased, died intestate on or about the day of 19 , at [ where application is made in District Probate Registry, add and at the time of his death had a fixed place of abode at within the district of ], and that since death, on the day of 19 ,letters of administration of the estate which devolves on and vests in the personal representative of the said deceased were granted at the Probate Office [ District Probate Registry] to [which letters of administration now remain of record in ] which said after taking such administration upon intermeddled in the estate of said deceased; and afterwards, on or about the day of 19 , died leaving part thereof unadministered, and that on the day of 19 , letters of administration of the said estate which devolves on and vests in the personal representative of the said deceased and which was so left unadministered were granted to he having been first sworn faithfully to administer the same. Insert appropriate certificate as to Inland Revenue affidavit No. 13. ADMINISTRATION INTESTATE, LIMITED DURING MINORITY.____________________ Heading as in Form No. Be it known that on the day of letters of administration of the estate which devolves on and vests in the personal representative of deceased, who died intestate on or about the day of at [ where application is made in a District Probate Registry : and who at the time of his death had a fixed place of abode at within the district of ], were granted by the Court to the guardian lawfully appointed of infants (aged respectively years, years, years, years, years and years or thereabouts) limited for use and benefit and until shall attain the age of eighteen years ( until one of the said infants having attained such age shall apply for and obtain administration of the estate unadministered of said deceased) the said having been first sworn faithfully to administer the same. Insert appropriate certificate as to Inland Revenue affidavit .]____________________ No. 14. ADMINISTRATION OF THE WILL ANNEXED. TO AN ATTORNEY.____________________ Heading as in From No. Be it known that deceased, who died on or about the day of at [ where application is made in District Probate Registry, add and who at the time of his death had a fixed place of abode at within the district of ], made and duly executed last will a copy of which signed by the Probate Officer [ District Probate Registrar], is hereunto annexed and did therein name . And be it further known that on the day of 19 , letters of administration [with the said will annexed] of the estate which devolves on and vests in the personal representative of the said deceased were granted to the attorney lawfully appointed of now residing at limited for use and benefit until shall apply for and obtain administration of the estate unadministered of the said deceased the said having previously been sworn faithfully to administer the same according to the tenor of the said will. Insert appropriate certificate as to Inland Revenue affidavit No. 15. ADMINISTRATION INTESTATE TO AN ATTORNEY.____________________ Heading as in Form No. Be it known, that on the day of 19 , letters of administration of the estate which devolves on and vests in the personal representative of deceased, who died intestate on or about the day of 19 , at [ where application is made in District Probate Registry, add and who at the time of his death had a fixed place of abode at in the district of ], were granted to the attorney lawfully appointed of now residing at limited for use and benefit until shall apply for and obtain administration of the estate unadministered of said deceased—the said having been first sworn faithfully to administer the same. Insert appropriate certificate as to Inland Revenue affidavit ].____________________ No. 16. JUSTIFICATION OF SURETY.____________________ Heading as in Form No. In the estate of late of in the County of in the County of aged respectively years and upwards, severally make oath and say: that we are the proposed sureties on behalf of the intended administrat of the estate of the said late of in the County of deceased, in the penal sum of pounds, for h faithful administration of the said estate; and I, the said for myself, further make oath and say, that I am, after payment of all my just debts, worth in real and personal estate the sum of pounds, and I, the said for myself, further make oath and say, that I am, after payment of all my just debts, worth in real and personal estate the sum of pounds. Sworn, &c. No. 17. ELECTION BY MINORS OF A GUARDIAN.____________________ Heading as in Form No. In the estate of late of late of deceased, died a widower and intestate, on or about the day _________________________ of 19 ,at [where application is made in a District Probate Registry, add having at the time of his death a fixed place of abode at within the district of ], leaving his lawful and only children, the said being a minor of the age of years only, the said being also a minor of the age of years only. Now we the said and do hereby make choice of and elect our lawful maternal uncle [ or as the case may be ] and one of our next-of-kin to be our guardian for the purpose of his obtaining letters of administration of the estate of the said deceased, to be granted to him for our use and until one of us shall attain the age of years, and shall apply for and obtain letters of administration of the said estate, or until all of us shall attain the age of years [ for the purpose of renouncing for us, and on our behalf all our right, title, and interest to and in the letters of administration, &c., [ as the case may be ], [ add in cases where a solicitor appears for the minors ] and we hereby appoint of our solicitor to file or cause to be filed this our election for us in the Probate Office [ District Probate Registry at ]. Witness____________________ No. 18. RENUNCIATION OF PROBATE OR ADMINISTRATION WITH THE WILL ANNEXED.____________________ Heading as in Form No.

In the estate of late of late of died on the day deceased. of 19,at [where application is made in a District Probate Registry, add having at the time of his death a fixed place of abode at within the district of ] and whereas, he made and duly executed his last will [ will and codicils] bearing date the day of 19 , and thereof appointed executor [ or as the case may be Now I, the said aged years and upwards, do declare that I have not intermeddled with the estate of the said deceased, and will not hereafter intermeddle therein, with the intent to defraud creditors, and I do hereby expressly renounce my right to probate of the said will [ will and codicils], [ to letters of administration with the said will [ will and codicils] annexed] of the estate of the said deceased. Witness____________________ No. 19. RENUNCIATION OF ADMINISTRATION.____________________ Heading as in Form No. In the estate of late of late of deceased died a and intestate deceased. the day of 19 , at [ where application is made to a District Probate Registry, add having at the time of his death a fixed place of abode at within the district of ]. And whereas, I of am his [ state relationship Now I, the said aged years and upwards, do hereby renounce all my right to letters of administration of the estate of the said deceased. Witness____________________ No. 20. CAVEAT.____________________ Heading as in Form No. Let nothing be done in the estate of ., late of deceased, who died on the day of at unknown to me [ . being the solicitor of] ., of in the County of having interest. Registered place of business or C.D Address for service ].____________________ No. 21. WARNING TO CAVEAT.____________________ Heading as in Form No. . [ or E.F ., solicitor of You are hereby warned within fourteen days after the service of this warning upon you, inclusive of the day of such service, to enter an appearance [for .], in the Probate Office, to the caveat entered by you in the estate of late of , deceased, who died at on the day of 19 , and set forth your [ your said client's] interest, and take notice, that in default of your so doing, the said caveat will cease to have any effect. Probate Officer. Issued at the instance of . [ here set forth what interest Rr.S. has and if under a will or codicil, set forth the date thereof, if any, and give an address for service Indorsement to be made after service This warning was served by . on at [ here state where and how the service was effected ] on the day of 19 , .____________________ No. 22. APPEARANCE TO A WARNING OR CITATION (EXCEPT ONE TO ACCEPT OR REFUSE).____________________ Heading as in Form No. In the estate of ., late of I, ., [ .] appear [for deceased. ..], being the brother, and one of the next-of-kin of the said ., deceased or any other interest the said C.D. may have ., solicitor for Registered place of business C.D. [ address for service ].____________________ No. 23. CITATION TO ACCEPT OR REFUSE ADMINISTRATION.____________________ Heading as in Form No. To of Whereas, it appears by an affidavit of of filed in the Probate Office on the day of 19 ,that you are the lawful [ widow, child, or as the case is ] and only next-of-kin of the said deceased, intestate, who died on or about the day of 19 , and that [ party issuing citation ] claims to be [ state interest as creditor, next-of-kin (giving relationship ], &c.]. NOW THIS IS TO COMMAND YOU, that within fourteen days after service hereof on you, inclusive of the day of such service, you appear in the Probate Office, personally, or by your solicitor, and accept or refuse letters of administration of the estate of the said deceased, as of a person dying intestate, otherwise to show cause, if any, why the same should not be granted or committed unto the said Probate Officer. Solicitor for said Registered place of business ____________________ No. 24. CITATION TO ACCEPT OR REFUSE THE BURDEN OF THE EXECUTION OF A WILL.____________________ Heading as in Form No. Whereas it appears by an affidavit of ., of filed in the Probate Office on the day of 19 , that you are the executor, and you the residuary legatees named in the last will of late of who died on and you are his natural and lawful children, and only next-of-kin him surviving, and you are the legatees named in his said will, and that the said . claims to be a creditor of the said deceased [ if not a creditor, state his interest ] and desires to have a representative raised to the said deceased. NOW THIS IS TO COMMAND YOU that within fourteen days after service hereof on you, inclusive of the day of such service, you appear in the Probate Office personally, or by your solicitor; you the said [ ] to accept or refuse the burden of the execution of the said will; and in case you refuse the same, then you the said [ the residuary legatees ], to accept or refuse letters of administration of the estate of the said deceased, with his said will annexed; and in case you decline same, then [ so on as to next-of-kin and legatees ],otherwise to show cause, if any, why letters of administration of the estate, with said will annexed, of the said deceased, should not be granted to the said A.B. Probate Officer. Solicitor for the said Registered place of business. No. 25. CITATION TO INTRODUCE AND DEPOSIT A WILL, AND TO ACCEPT OR REFUSE PROBATE THEREOF.____________________ Heading as in Form No. Whereas, it appears by an affidavit of filed in the Probate Office on the day of 19 ,that you are the executor named in the last will of late of who died on or about the day of 19 , and that the said the [state client's interest as residuary legatee or legatees as the case may be ] of said deceased desires to have said will proved. NOW THIS IS TO COMMAND YOU, that within fourteen days after service hereof on you, inclusive of the day of such service, you appear in the Probate Office personally, or by your solicitor, and introduce and deposit in the Probate Office said will, and accept the execution thereof, and in case you refuse same, show cause, if any, why letters of administration of the estate of said deceased with said will annexed, should not be granted to the said Probate Officer. Solicitor for said Registered place of business. ]____________________ No. 26. CITATION TO INTRODUCE AND DEPOSIT A WILL [IF ANY THERE BE] AND TO ACCEPT OR REFUSE PROBATE THEREOF, AND IN CASE OF NO WILL, TO ACCEPT OR REFUSE LETTERS OF ADMINISTRATION. Heading as in Form No. Whereas it appears by an affidavit of ., of on the day of 19 , filed in the Probate Office that you are the widow, and you the lawful children and only next-of-kin of who died on or about the day of 19 , and that the said . claims to be a principal creditor [ or state the interest of A.B .], and desires to have a representative raised to said deceased: NOW, THIS IS TO COMMAND YOU, that within fourteen days after service hereof on you, inclusive of the day of such service, you appear in the Probate Office, personally or by your solicitor, then and there to introduce and deposit in the Probate Office the last will of the said deceased (if any such be made) and the executors, if any such have been nominated in said will, to accept or refuse the burden of the execution thereof; and should they refuse the same, then the said and to accept or refuse letters of administration of the estate of said deceased with said will annexed, and in case the said deceased did not make any will then the said and to accept or refuse letters of administration of the estate of the said deceased, as of a person dying intestate; otherwise to show cause, if any they can, why the same should not be granted unto said Probate Officer.____________________ No. 27. APPEARANCE TO CITATION TO ACCEPT OR REFUSE.____________________ Heading as in Form No. In the estate of ., deceased. ., by ., his solicitor [ in person, as the case may be], appears in this matter [ and if C.D. desires to accept probate or administration add ] and desires to accept probate [ as the case may be Name and registered place of business of solicitor; or name and address for service of party. ]____________________ No. 28. CITATION TO INTRODUCE AN ALLEGED WILL AND PROVE SAME IN SOLEMN FORM, OTHERWISE TO SHOW CAUSE WHY THE SAME SHOULD NOT BE PRONOUNCED INVALID.____________________ Heading as in Form No. WHEREAS it appears by the affidavit of ., filed in the Probate Office on the day of 19 , that you are the executor named in an alleged last will of late of deceased, and that the said . is the lawful and one of the next-of-kin of the said deceased. and that the said died intestate, and that said alleged will ought to be decreed and declared void. NOW, THIS IS TO COMMAND YOU that within fourteen days after service hereof on you, inclusive of the day of such service, you do appear in the Probate Office, personally, or by your solicitor, and introduce and deposit in the Probate Office the said alleged will of the said deceased, and prove same in solemn form of law, or otherwise to show cause [if you should think it for your interest to do so] why the same should not be pronounced to be void. Probate Officer. Solicitor for said Registered place of business No. 29. CITATION TO INTRODUCE AN ALLEGED LAST WILL AT SUIT OF A LEGATEE IN A FORMER WILL. Heading as in Form No. Whereas, it appears by an affidavit of ., of filed in the Probate Office on the day of 19 , that you are the executors named in the alleged will of late of bearing date who died , and that the said . is the lawful son and one of the next-of-kin and a principal legatee named in the last will of the said deceased, bearing date and intends to prove the said last will of the said deceased. NOW THIS IS TO COMMAND YOU, &c. [ same as in Form No. 28 to the end] , and also why letters of administration of the estate of the said deceased, with his said last will annexed, should not be granted to the said Probate Officer. Solicitor for said [Registered place of business ].____________________ No. 30. CITATION TO CALL IN ADMINISTRATION WITH WILL ANNEXED AND TO HAVE ANOTHER TESTAMENTARY PAPER INCORPORATED AND INCLUDED IN THE LETTERS OF ADMINISTRATION.____________________ Heading as in Form No. WHEREAS it appears by an affidavit of ., of filed in the Probate Office on the day of 19 , that letters of administration of the estate of late of deceased, with the will of said deceased dated annexed, were on or about granted to you, and that the said . having an interest in the said estate hath alleged that the said letters of administration, with the said will annexed, ought to be called in for the purpose and in order that a certain document or testamentary paper in said will referred to as the will of the said testator's father, or so much thereof as purports to give certain annuities of £ to may and shall be incorporated with and included in and form part of the letters of administration with the will annexed of the said deceased, and the said letters of administration be reissued to you as administrator of the estate of the said deceased, and the said will of the day of annexed thereto, and with such document or such part thereof as aforesaid incorporated or united with the said will in such grant. NOW THIS TO COMMAND YOU, that within fourteen days after the service hereof on you, inclusive of the day of such service, you do bring in and leave in the Probate Office the aforesaid letters of administration, with the said will annexed. And further, do show cause why such document, or such part thereof as aforesaid, should not be included in and incorporated with the said will annexed to said letters of administration. Probate Officer. Solicitor for said [Registered place of business ].____________________ No. 31. CITATION TO BRING IN PROBATE OR ADMINISTRATION.____________________ Heading as in Form No. WHEREAS, it appears by an affidavit of filed in the Probate Office on the day of 19 , that a grant of of the alleged last will of late of deceased, was, on or about day of 19 , granted to you, and that claiming to be of the said deceased hath alleged that the said ought to be called in, revoked, and declared null and void in law. NOW THIS IS TO COMMAND YOU, that within fourteen days after service hereof on you, inclusive of the day of such service, you do bring into and leave in the Probate Office, the aforesaid grant and further do show cause (if you think it your interest so to do), why same should not be revoked and the said will pronounced to be null and void. Probate Officer. Solicitor for said [Registered place of business]. No. 32. CITATION TO EXHIBIT AN INVENTORY.____________________ Heading as in Form No. WHEREAS it appears by the affidavit of ., of filed in the Probate Office on day of 19 that you are the executor [ administrator] of the estate of late of deceased, who died on and that the said . claims to be a principal creditor of said deceased and desires to have an inventory of the estate of the said deceased exhibited. NOW THIS IS TO COMMAND YOU, within fourteen days after the service hereof on you, to lodge in the Probate Office on oath, a true, full, and perfect inventory and account of the estate of the said deceased, and a true account of your administration thereof. Probate Officer. Solicitor for the said [Registered place of business]. ____________________ No. 33. NOTICE TO BE TRANSMITTED BY A DISTRICT PROBATE REGISTRAR OF APPLICATION HAVING BEEN MADE TO HIM FOR GRANT OF PROBATE, OR ADMINISTRATION WITH WILL ANNEXED.____________________ THE DISTRICT PROBATE REGISTRY AT To the Probate Officer. Take notice, that on this day of 19 , application has been made to me for a grant of probate of the will letters of administration with the will annexed] said will bearing date the day of 19 [and codicil or codicils bearing date the day of 19 ], of [ in cases of administration with will , the estate of] late of deceased, who died on the day of 19 , at having at the time of his death a fixed place of abode at within the district of by of [ by of the solicitor of of ] the executor [ residuary legatee, or as the case may be ] named in the said will [or codicil], in the words following:—[ Here insert the extract from the will or codicil District Probate Registrar. No. 34. NOTICE TO BE TRANSMITTED BY A DISTRICT REGISTRAR OF APPLICATION HAVING BEEN MADE TO HIM FOR GRANT OF ADMINISTRATION.____________________ THE DISTRICT PROBATE REGISTRY AT To the Probate Officer. Take notice, that on this day of 19 , application has been made to me for a grant of letters of administration of the estate of late of deceased, who died intestate on the day of 19 , at having at the time of his death a fixed place of abode at within the district of a widower, without child or other descendant, or parent, brother or sister, nephew or niece, grandparent, uncle or aunt, great grandparent [ or as the case may be ], by of [ by of the solicitor of ] one of the lawful cousins german and next-of-kin of the deceased, [ or as the case may be District Probate Registrar.____________________ No. 35. NOTICE OF THE ENTRY OF A CAVEAT IN A DISTRICT PROBATE REGISTRY.____________________ THE DISTRICT PROBATE REGISTRY AT To the Probate Officer. Take notice, that on this day of 19 ,a caveat has been entered in the District Probate Registry at in the following terms:— "Let nothing be done in the estate of late of deceased (who died on the day of 19 , at having at the time of his death a fixed place of abode at aforesaid, within the district of ), unknown to me [being the solicitor of] of having interest. District Probate Registrar. PART II ADMINISTRATION BOND THE HIGH COURT The Probate Office/The District Probate Registry at are each liable in full to pay to the President of the High Court the sum of for which payment we bind ourselves and each of us and our Sealed with our seal(s) and dated the day of 19 The condition of this obligation is that if the above-named deceased, and the intended administrator/administratix of the estate of the said deceased, do, when lawfully called on in that behalf, make or cause to be made a true inventory of the said estate which has or shall come into his/her hands, possession or knowledge, or into the hands, possession or control of any other person for him/her; do exhibit the said inventory or cause it to be exhibited in the Probate Office (or in the district probate registry at ) whenever required by law to do so; do well and truly administer the said estate according to law, paying all the debts owed by the deceased at the time of his death, all death duties payable in respect of the estate of the deceased for which the personal representative is accountable and all income tax and surtax payable out of the estate and further, do make or cause to be made a true account of the said administration whenever required by law to do so; (a) Where appropriate, insert location of district probate registry. (b) insert names, addresses and occupations of the principal and sureties. No sureties are required when the principal is a trust corporation. (c) Where there is only one party to the bond, the word "each" should be deleted. (d) Unless otherwise directed, the sum inserted here should be double the gross value of the estate (including the full market value of immovable property). (e) Individuals bind themselves, their executors and administrators. Trust and other corporations bind themselves and their successors. (f) Insert full name of principal. (g) Indicate capacity in which principal applies for grant. (h) Insert name, address and occupation of deceased. (i) Where the principal is a creditor, insert here: "rateably and proportionately and according to the priority required by law, not, however, preferring his/her own debt by reason of his/her being administrator/administratix nor the debt of any other person". and further do, if so required, render and deliver up the letters of administration in the High Court if it shall hereafter appear that any will was made by the deceased which is exhibited in the said Court with a request that it be allowed and approved accordingly (j)·; then this obligation shall be void and no effect, but shall otherwise remain in full force and effect. Signed, Sealed and Delivered by the within-named in the presence of (j) In the case of an administration with will annexed, this paragraph should be deleted. (k) In the case of the intended administrator, the bond must, unless attested by an authorised officer of the Probate Office or district probate registry, be attested by the person before whom the oath was sworn. Attestation is not required in the case of a trust corporation, which need only affix its seal. APPENDIX R BILLS OF SALE. No. 1. O. 81, r. 2 CONSENT TO, AND REQUISITION FOR ENTRY OF SATISFACTION. THE HIGH COURT In the matter if a bill of sale made between and dated the day of Whereas did on the day of execute a bill os sale to for the sum of And whereas the said bill of sale has been fully satisfied and discharged. Now I , hereby consent to satisfaction of said bill of sale being entered. I, the above-named of make oath and say that I am a subscribing witness to the above consent, and saw the same duly executed by the said and I say that the name subscribed as witness to the above consent is my proper name and handwriting. Sworn, &c. Now I, of solicitor, do hereby, on behalf of the said require the proper officer to enter satisfaction of said bill of sale. To the Master of the High Court.____________________ No. 2. O. 81, r. 5 ABSTRACT TO BE SENT TO COUNTY REGISTRAR. Satisfaction entered Mortgagor or assignor Residence and occupation Mortgagee or assignee Nature of instrument and consideration Nature of property assigned Amount secured and how repayable of interest Date of instrument Date of registration Date of filing affidavit of renewal To the County Registrar of the County of.................................................. Sent on the...............day of ...................................... 19 No. 3. O. 81, r. 7 NOTICE OF ENTRY OF SATISFACTION.____________________ Central Office, The High Court. Title as in Form No. Registered (or re-registered) 19 Abstract transmitted 19 Satisfaction entered 19 Take notice, that a memorandum of satisfaction of the above bill of sale was entered in the Register in the above date. To the County Registrar for the County of Sent on the day of 19 .____________________ APPENDIX S DEEDS OF ARRANGEMENT. No. 1. O. 82, r. 1 AFFIDAVIT OF EXECUTION. THE HIGH COURT In the matter of a deed of arrangement dated and made between and I, of make oath and say as follows:— 1. The above-written [ within-written] document is a true copy of the deed of assignment of property [ or as the case may be ], and of every schedule or inventory thereto annexed or therein referred to, and of every attestation of the execution thereof. 2. [ Where the deed is executed by the debtor ] The deed was executed on the day of 19 , by the debtor, at of the clock in the noon. I was present when the debtor executed the said deed. and saw him execute the same. 3. [ Where the deed is executed by a creditor :] The deed was executed by the first [ only] creditor who executed the deed and who resides at , and is , on the day of at of the clock in the noon. I was present when the said executed the said deed, and saw him execute the same. 4. The debtor, , resides at and is 5. The place [ places] where business of the said debtor is carried on is [or are] as follows:— Sworn, &c.____________________ No. 2. O. 82, r. 1 DEBTOR'S AFFIDAVIT FOR REGISTRATION.____________________ Title as in Form No. make oath and say as follows— 1. On the day of , I executed a deed of assignment of property [ or as the case may be 2. The total estimated amount of my property included under the deed is £ and the net amount of my property included under the deed, after deducting £ , being the value* of securities held by creditors and required to cover debts due to them, is £ . 3. The total estimated amount of my liabilities included under the deed is £ , and the net amount of my liabilities included under the deed, after deducting £ , being the amount† covered by securities held by creditors is £ . 4. [ If composition payable :] The total amount of the composition payable thereunder is: 5. The names and addresses of my creditors and the amounts due to or claimed by each of them are as follows: Name of creditor Amount of debt due or claimed, after deduction of value of security held Sworn, &c. *The estimated surplus (if any) from securities held by creditors should not be deducted from the gross amount of property. This amount should correspond with the amount of securities deducted above. No deduction should be made in respect of the unsecured balances of partially secured debts. No. 3. O. 82, r. 2 FORM OF REGISTER OF DEEDS OF ARRANGEMENT____________________ Name address and description of debtor Place(s) where business is carried on Title of firms under which debtor carries on business Name and address of trustee (if any) Nature and effect of deed and amount of composition in the £ Amount of property as estimated by debtor Amount of liabilities as estimated by debtor Date of deed Date of registration Gross amount of property Value of securities given (excluding any estimated surplus) Net value of property Gross amount of liabilities Amount of debts covered by securities Net amount of liabilities No. 4. DEBTOR'S AFFIDAVIT PURSUANT TO ORDER 82, RULE 6.____________________ THE HIGH COURT In the matter of a petition by pursuant to the Irish Bankruptcy and Insolvent Act, 1857, section 343. I, of make oath and say as follows:— 1. The place [ or places ] where my business is carried is [ 2. The title [ titles] of the firm [ firms] under which I carry on business on is [ 3. The total estimated amount of my property is £ and the net amount of my property, after deducting £ being the value of securities held by creditors and required to cover debts due to them, is £ 4. The total estimated amount of my liabilities is £ and the net amount of my liabilities, after deducting £ being the amount covered by securities held by creditors, is £ 5. The names and addresses of my creditors and the amounts due to or claimed by them are as follows:— Names of creditors Amount of debt due or claimed after deduction of value of security held Sworn, &c. No. 5. O. 82, r. 7 FORM OF REGISTER UNDER DEEDS OF ARRANGEMENT AMENDMENT ACT, 1890.____________________ Name, address and description of debtor Places(s) where business is carried on Title of firm(s) under which debtor carried on business Amount of property as estimated by debtor Amount of liabilities as estimated by debtor Date of filing petition and of affidavit of assets and liabilities Date of registration Nature and effect of order Gross amount of property Amount of securities given (excluding any estimatedsurplus) Net value amount of property Gross amount of liabilities Amount of debtscovered by securities Net of liabilities APPENDIX T. JUDICIAL REVIEW AND ORDERS AFFECTING PERSONAL LIBERTY. No. 1. ORDER OF HABEAS CORPUS AD SUBJICIENDUM. . of THIS IS TO COMMAND YOU, the said ., that you have in the High Court Four Courts, Dublin, in Court No. on day the day of 19 , at the hour of o'clock in the noon, the body of , being taken and detained in your custody as is said, together with the day and cause of his being taken and detained, by whatsoever name he may be called therein, to undergo and receive all and singular such matters and things as the High Court shall then and there consider of concerning him in this behalf and that you have there then this order. BY ORDER Chief Justice of Ireland, the day of 19 . Master of the High Court. By order of the Honourable Mr. Justice made the day of 19 at the instance of This order was taken out by of solicitor for the said .____________________ No. 2. ORDER OF HABEAS CORPUS AD TESTIFICANDUM.____________________ The gaoler of the prison at THIS IS TO COMMAND YOU that you have before [ description of court ] on the day of 19 , at the hour of in the noon, the body of , being committed and detained in the prison under your custody, as is said then and there to give evidence [ on behalf of the People against M.N.: or otherwise describe the proceedings as in subpoena ], and so from day to day until the said shall have given his evidence as aforesaid. And when he shall have given his evidence, then that you take him back without delay to the said prison under your custody, and cause him to be detained therein under safe custody, until he shall be from thence discharged by due course of law. BY ORDER, &c. [ as in Form No . 1]. No. 3. ORDER OF CERTIORARI.____________________ Judge of the Circuit Court, ( Justice of the District Court, or as the case may be .) Whereas it appears that all and singular the order(s) made by you on the day of at whereby [ set out shortly the substance of the order(s) or proceedings to be removed ] ought to be sent by you to the High Court. NOW THIS IS TO COMMAND YOU, the said . to send fortwith under your hand and seal to the High Court, Four Courts, Dublin, all and singular the said order(s) [ or as the case may be ] with all things touching the same as fully and perfectly as they have been made by you and now remain in your custody or power, together with this order of certiorari, that the same may be quashed BY ORDER, &c. [ as in Form No. 1].____________________ No. 4. RETURN TO ORDER OF CERTIORARI.____________________ The order of certiorari should be indorsed thus:— The execution of this order appears by the schedule(s) hereunto annexed* The answer of C.D. within mentioned: (Signed) C.D. The schedule(s) comprise the order(s) or proceedings and other documents to be returned .____________________ No. 5. O. 84, r. 21 Whereas by an order made herein on the day of it was ordered that [ set out shortly the material portion of the conditional order to show cause Now, the above-named C.D., by his solicitor [ or in his own proper person ] hereby says that he altogether disclaims and disavows the office, liberties, privileges and franchises in the said order specified, and cannot deny but that he has usurped without any legal warrant, or right whatsoever the said office, liberties, privileges, and franchises and confesses and acknowledges the said usurpation. (Signed) C.D.____________________ No. 6. O. 84, r. 21 The day of 19 . proceed as in Form No. 7].____________________ No. 7. O. 84, r. 23 JUDGMENT IN OTHER CASES OF QUO WARRANTO.____________________ The day of 19 . Recite conditional order to show cause and such other matters as may be relevant .) Now it is adjudged that the defendant, C.D., do not in any matter intermeddle with or concern himself about the said office, liberties, privileges, and franchises but that he be absolutely excluded from exercising or using the same or any of them for the future. And that the said A.B., the relator above mentioned, do recover against the said C.D. his costs in this behalf to be taxed.____________________ No. 8. O. 84, r. 29 ORDER OF MANDAMUS.____________________ C.D. and Whereas by [ recite statute or charter, if any, by which the act is required to be done And whereas it appears that [ set out averments showing failure to perform the act required to be done ] and that you the said C.D. and E.F. were required by on the day of 19 , to [ set out demand ] but that you not regarding your duty in that behalf have wholly neglected and refused to [ set out neglect or refusal NOW THIS IS TO COMMAND YOU the said A. B. and C. D. that you and each of you according to your duty do [ set out command ] and that you do make known to the High Court, Four Courts, Dublin, how you shall have executed this order and return forthwith this order to the High Court or that you do show to the High Court cause to the contrary thereof. BY ORDER, &c. [ as on Form No . 1].____________________ No. 9. RETURN TO ORDER OF MANDAMUS.____________________ The return may either be indorsed on the back of the original order, or engrossed on a separate schedule .) When indorsed on the back of the original order The answer of [ the parties to whom the order is directed ] to this order. We, to whom this order is directed, do most humbly certify and return to the High Court at the time and place in this order mentioned, that we have, &c. [ when the return is an obedience to the order, the words of the mandatory part of the order should be racapitulated in the past instead of the future tense ]. As by the said order we are commanded. To be signed by the parties making the return, or a sufficient number to form a quorum, unless they be a corporate body, in which case it is sufficient to attach the corporate seal When the return is indorsed on a separate schedule, indorse the original order [or as the copy served] thus: The return of to this order [ or if the return is obediance, say , the execution of this order] appears in the schedule hereunto annexed. The answer of [ To be signed or sealed as above ].____________________ No. 10. ORDER OF PROHIBITION.____________________ C. D Whereas it appears that you the said C. D. [ set out particulars sufficient to show the nature of the proceedings to be prohibited ]. And that you the said C.D. have no jurisdiction to hear and determine the by reason that [ NOW THIS IS TO PROHIBIT YOU the said C. D. from further proceeding in the said BY ORDER, &c. [ as in Form No . 1].____________________ No. 11. ORDER OF ATTACHMENT.____________________ The Commissioner and members of the Garda Síochána. THIS IS TO COMMAND YOU to attach C. D. so that you may have him before the High Court, Four Courts, Dublin, on the day of 19 , to answer for certain trespasses and contempts brought against him in the High Court and you have there then this order. BY ORDER, &c. [ as in Form No . 1].____________________ No. 13 O. 84, r. 20 STATEMENT REQUIRED TO GROUND APPLICATION FOR JUDICIAL REVIEW.____________________ (a) Applicant's name: (b) Applicant's address: (c) Applicant's description: (d) Relief sought: (e) Grounds upon which such relief is sought: (f) Name and registered place of business of solicitors for Applicant: (g) Applicant's address for service within the jurisdiction (if acting in person): Dated this day of (Signed)________________________ Applicant/Solicitors APPENDIX U. COURT OF CRIMINAL APPEAL. No. 1. O. 86, r. 3 JUDGE'S CERTIFICATE. CENTRAL CRIMINAL COURT. The People at the suit of the Director of Public Prosecutions Whereas the said was tried and convicted before the undersigned on the day of 19 , on an indictment charging him with [ state offence shortly ] and was thereupon sentenced to I do hereby certify that the case is a fit case for an appeal by the said to the Court of Criminal Appeal, upon the following grounds:— A similar form should be used in the Circuit Court, headed in that Court .____________________ No. 2. O. 86, r. 4 NOTICE OF APPEAL UPON CERTIFICATE OF THE JUDGE OF THE COURT OF TRIAL.____________________ COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions To the Registrar of the Court of Criminal Appeal. having been convicted of the offence of [ state offence shortly ] and being now a prisoner in [ , now living at ] and having duly obtained a certificate which is hereto annexed, do hereby give you notice of appeal to the Court of Criminal Appeal against my said conviction and/or sentence on the grounds hereinafter set forth: Signature and address of witness attesting mark. Particulars of trial and conviction. 1. Date of trial 2. In what Court 3. Sentence Grounds of appeal. 1. The certificate of the trial Judge should be sent with this notice to the Registrar. 2. The appellant should answer the following question: Does the appellant desire to be present at the hearing of his appeal?____________________ No. 3. O. 86, r. 4 NOTICE OF APPLICATION FOR LEAVE TO APPEAL.____________________ COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions To the Registrar of the Court of Criminal Appeal. having been convicted of the offence of [ state offence shortly ] and thereupon sentenced to and having applied to the Judge who tried me for a certificate that my case was a fit case for appeal, and having been refused such certificate and being now a prisoner in [ , now living at ] and being desirous of appealing against my said conviction and/or sentence, do hereby give you notice that I will apply to the Court of Criminal Appeal for leave to appeal on the grounds hereinafter set forth. Signature and address of witness attesting mark. Particulars of trial and conviction. 1. Date of trial 2. In what Court 3. Sentence Grounds of application. The applicant should answer the following questions:— ) Does the applicant desire to be present at the hearing of his application for leave to appeal? ) Does the applicant desire to be present at the hearing of interlocutory applications in relation to his application for leave to appeal?____________________ No. 4. O. 86, r. 7 NOTICE THAT NOTICE OF APPEAL OR OF APPLICATION FOR LEAVE TO APPEAL HAS BEEN RECEIVED BY THE REGISTRAR.____________________ COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions. This is to give you notice that the above-named appellant [ applicant] who was convicted at the Court on the day of . 19 , has lodged a notice of appeal [ a notice of application for leave to appeal] against his conviction and sentence [if not appropriate strike out "conviction and"]. Registrar of the Court of Criminal Appeal. To [ the persons mentioned in Order 86, r. 7].____________________ No. 5. O. 86, r. 8(2) NOTICE OF APPLICATION FOR ENLARGEMENT OF TIME WITHIN WHICH TO APPEAL, OR APPLY FOR LEAVE TO APPEAL. COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions. To the Registrar of the Court of Criminal Appeal. having been convicted of the offence of [ state offence shortly ] and thereupon sentenced to on the day of 19, and having applied to the Judge who tried me for a certificate that my case was a fit case for appeal and such certificate having been granted/refused, and being now a prisoner in [ living at ] give you notice that I will apply to the Court of Criminal Appeal for an enlargement of the time within which I may give notice of appeal [ notice of application for leave to appeal]. The grounds on which I apply for such enlargement are as follows: The grounds on which I propose to base my appeal/application for leave to appeal, are as follows: Signature and address of witness attesting mark The applicant should answer the following question: Does the applicant desire to be present at the hearing of his application for an enlargement of the time within which to give such notice as aforesaid?____________________ No. 6. O. 86, r. 9(3) RECOGNIZANCE OF APPELLANT SENTENCED TO PAYMENT OF A FINE. CENTRAL CRIMINAL COURT.____________________ The People at the suit of the Director of Public Prosecutions Be it remembered that whereas of [ ] was on the day of 19 , convicted of and was thereupon sentenced to pay the sum of £ as a fine for his said offence and desires to appeal against his said conviction and sentence upon a certificate of the Judge that the case is a fit case for appeal And whereas it was ordered that the appellant may, in lieu of payment of the said sum, enter into recognizances himself in the sum of £ and with sureties, each in the sum of £ , to prosecute his said appeal before the Court of Criminal Appeal. The said doth before the Court hereby acknowledge himself to owe to the State the said sum of £ to be levied off his goods and chattels, lands and tenements, to the use of the Minister for Finance if he the said fail in the condition indorsed hereon. Taken and acknowledged this day of 19 . The condition of the within written recognizance is such that if the said of shall duly prosecute his said appeal and shall personally appear and be present at and before the Court of Criminal Appeal at each and every hearing of his appeal to such Court, and at the final determination thereof, and abide by the judgment of such Court and not depart or be absent from such Court at any such hearing without leave, and pay the said sum of £ , or such sum as such Court may order, to the Registrar thereof, then this recognizance shall be void, otherwise it shall be of full force and effect. N.B.—A similar form shall be used in the Circuit Court, headed in that Court. No. 7. O. 86, r. 9(3) RECOGNIZANCE OF SURETIES FOR APPELLANT SENTENCED TO A FINE. CENTRAL CRIMINAL COURT. The People at the suit of the Director of Public Prosecutions. Be it remembered that on the day of 19 , [ ] and of [ ] personally came before the Court and severally acknowledged themselves to owe to the State the several sums following, that is to say, the said the sum of £ and the said the sum of £ to be levied off their goods and chattels, lands and tenements respectively, to the use of the Minister for Finance if now before the Court fail in the condition endorsed here on. Taken and acknowledged on the day and year above mentioned. The condition of the within written recognizance is such that whereas the said having been convicted of and having been sentenced to pay a fine of £ for his said offence, and having now intimated his desire to appeal to the Court of Criminal Appeal against the said conviction and sentence, and having, in lieu of payment of the said sum of £ been ordered to enter into recognizances himself in the sum of and with suretiesin the sum of £ if the said shall duly prosecute his appeal and personally appeal and be present at and before such Court at the final determination thereof and abide by the judgment of such Court, and not depart or be absent from such Court at any such hearing without leave, then this recognizance to be void, otherwise it shall be of full force and effect. A similar form shall be used in the Circuit Court, headed in that Court. No. 8. O. 86, r. 13(2) CERTIFICATE THAT NO APPEAL IS PENDING. I certify that there is not pending in the Court of Criminal Appeal any appeal or application for leave by or on behalf of against any conviction or sentence by the No. 9. O. 86, r. 19(1) NOTICE OF APPLICATION BY APPELLANT FOR BAIL PENDING APPEAL. Court of Criminal Appeal. The People at the suit of the Director of Public Prosecutions To the Registrar of the Court of Criminal Appeal. I, the above-named appellant [or, applicant], having been convicted of being now a prisoner Prison and having given notice of appeal [or application for leave to appeal] to the Court of Criminal Appeal, do hereby give you notice that I will apply to such Court [in case such leave be granted] for bail with sureties on the following grounds:— The undermentioned persons are willing to become sureties for my presence at the hearing and determination of the appeal in the sum of £ each. Name of surety Name of surety No. 10 O. 86, r. 19(5) RECOGNIZANCE PENDING APPEAL TO COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions Be it remembered that whereas was convicted of on the day of 19 , and was thereupon sentenced and now is in lawful custody and having duly appealed against his conviction and sentence to the Court of Criminal Appeal and having been granted bail pending the determination of his appeal on entering into his own recognizance in the sum of £ with two sufficient sureties each in the sum of £ personally come before the undersigned being one of the Justices of the District Court and severally acknowledge themselves to owe to the Slate the said several sums to be levied off their several goods and chattels, lands and tenements respectively, to the use of the Minister for Finance if he the fail in the condition indorsed hereon. Principal party Taken and acknowledged this day of before me of the District Court. The condition of the within written recognizance is such that if he the said shall personally appear and surrender himself at and before the Court of Criminal Appeal at each and every hearing of his appeal and at the final determination thereof and abide by the judgment of such Court and not depart or be absent from such Court at any such hearing without leave and in the meantime shall not depart out of the area to which the jurisdiction of such Court extends then this recognizance to be void, otherwise it shall be of full force and effect. The following to be filled up by the appellant and signed by him When released on bail my residence to which any notices, &c., are to be addressed will be as follows:— No. 11. O. 86, r. 19 (1) NOTICE OF APPLICATION BY APPELLANT FOR BAIL PENDING RE-TRAIL. COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions To the Registrar of the Court of Criminal Appeal. Whereas I, the above named having appealed against my conviction of the said conviction was quashed and a re-trial ordered, and whereas I am now a prisoner in Prison, now I hereby give you notice that I will apply to the Court of Criminal Appeal for bail pending the determination of my re-trial. The undermentioned persons are willing to become sureties for my presence at the re-trial in the sum of £ Name of surety Name of surety No. 12. O. 86, r. 19 (5) RECOGNIZANCE OF BAIL PENDING RE-TRAIL.____________________ The People at the suit of the Director of Public Prosecutions Be it remembered that whereas was convicted on the day of , and was thereupon sentenced and is now in lawful custody and whereas the said conviction was duly quashed by the Court of Criminal Appeal which ordered that the said be retried for the same offence as that which was the subject of such conviction and granted him bail pending his retrial on entering into his own recognizance in the sum of £ sureties each in the sum of the said personally come before the undersigned being one of the Justices of the District Court and severally acknowledge themselves to owe to the State the said several sums to be levied off their several goods and chattels, lands and tenements respectively, to the use of the Minister for Finance if he the said fail in the condition indorsed hereon. Principal party Taken and acknowledged this day of 19, at before me Justice of the District Court. The condition of the within written recognizance is such that if the said shall personally appear and surrender himself at and before the sitting of the Court and at any sitting of such Court or of any other Court to which the trial may be postponed or transferred there and then to take his trial and answer all such matters and things as may be there and then presented against him and shall not depart from such Court without leave and shall attend there in person from day to-day during the hearing of his said trial and any adjournment and at the final determination thereof and in the meantime shall not depart out of the area to which the jurisdiction of the Court of Criminal Appeal extends then this recognizance to be void or else to stand in full force and effect. The following to be filled up by the appellant and signed by him: When released on bail my residence to which any notices, etc., are to be addressed will be as follows: Appellant.____________________ No. 13. O. 86, r. 19 (6) NOTICE OF PERFECTION OF RECOGNIZANCE.____________________ The People at the suit of the Director of Public Prosecutions To the Governor of Take notice that [names and addresses] have this day, pursuant to an order of the Court of Criminal Appeal herein dated the day of 19 , entered into recognizances [state amounts] the condition of such recognizances being that Clerk of the District Court. No. 14. O. 86, r. 19 (5) CERTIFICATE OF SURETY.____________________ The People at the suit of the Director of Public Prosecutions This is to certify that you of whose signature is below, have been accepted by the District Court on this day of 19 , as surety for the above-named in the sum of £ in a recognizance the condition whereof is that Clerk of the District Court. I acknowledge that the above certificate is correct. Surety.____________________ No. 15. O. 86, r. 19 (8) (14) WARRANT FOR ARREST OF APPELLANT ON BAIL.____________________ COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions To the Commissioner and members of the Garda Síochána and the Governor of Prison. Whereas was released on bail, and it has now been ordered that a warrant be issued for the arrest of the said YOU ARE HEREBY COMMANDED to arrest the said and to bring him to the said Prison, and there deliver him with this warrant into the custody of the said Governor and you the said Governor are hereby required to receive the said into your custody and safely to keep him until further order of such Court. No. 16. O. 86, r. 19 (10) INFORMATION OF SURETY FOR ARREST OF APPELLANT.____________________ The People at the suit of the Director of Public Prosecutions The information of of who says on oath:— 1. I, , do say that the above-named having been granted bail by the Court of Criminal Appeal, himself in the sum of £ and with surety in the sum of £ , was released on such bail on condition that 2. I became surety for the performance of the said condition by the said in the sum of £ . 3. I suspect that the said is about to depart out of the jurisdiction of the Court of Criminal Appeal [ state in what manner the appellant is believed to be about to fail in the observance of his recognizances] and I therefore desire to surrender the said into custody and thereby discharge myself from my said recognizances. I verily believe that the said is now in the district of I therefore pray for a warrant for the arrest of the said Sworn, &c. Laid before me the day of Justice of the District Court. Acting in and for the district of ____________________ No.

17. O. 86, r. 19 (10) WARRANT ON INFORMATION OF SURETY.____________________ The People at the suit of the Director of Public Prosecutions To the Commissioner and members of the Garda Síochána. Whereas an information has been duly laid before the undersigned by of that having been released on bail by the Court of Criminal Appeal on recognizances the condition whereof was that and that the said suspects that the said is about to depart out of the jurisdiction of the Court of Criminal Appeal [ or as the case may be ], and that the said is believed to be within the district of YOU ARE HEREBY COMMANDED to arrest the said and to bring him before the District Court sitting at to the intent that he may be committed to and there to be detained according to law. Justice of the District Court. acting in and for the district of ____________________ No. 18. O. 86, r. 19 (11) COMMITAL OF APPELLANT ON SURETY'S INFORMATION.____________________ The People at the suit of the Director of Public Prosecutions To the Superintendent of the Garda Síochána at and to the Governor of Whereas on the day of 19 , information was laid before the Justice of the District Court acting in and for upon an application for a warrant for the apprehension of that he being a prisoner released on bail by the Court of Criminal Appeal was believed and suspected of being about to fail to observe the conditions of his recognizances by the said his surety. And that the said was then desirous of surrendering the said And whereas the said being now before the District Court sitting at and surrendered by the said in discharge of his recognizance you are therefore hereby commanded forthwith to deliver the said to the Governor of together with this warrant of committal and you the said Governor are required to receive the said into your custody and safely to keep him according to law. Justice of the District Court. No. 19. O. 86, r. 19 (16) WARRANT FOR ESTREAT OF RECOGNIZANCES. COURT OF CRIMINAL APPEAL.____________________ The People at the suit of the Director of Public Prosecutions. To the Superintendent of the Garda Síochána at Whereas on the dayof 19 , entered into recognizances the condition of such recognizances being that And whereas the said failed to perform the said condition And whereas on the day of 19 ,the Court of Criminal Appeal ordered that the said recognizances should be estreated. This is therefore to command you to whom this warrant is addressed to execute the said order against the said as follows: To levy [ state amount and person against whom to be levied ] by distress and sale of the goods and chattels of the said respectively. And for this the present warrant shall be sufficient authority to all whom it may concern. The sum levied to be paid to the Registrar of the Court of Criminal Appeal. This warrant to be returned in weeks if not executed. Registrar.____________________ No. 20. O. 86, r. 23 (1) NOTICE OF ABANDONMENT.____________________ COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions. I, having been convicted of at and having duly sent to the Court of Criminal Appeal a notice of appeal [ of an application for leave to appeal] against my said conviction and/or sentence, do hereby give you notice that I do not intend further to prosecute my appeal, and that I hereby abandon all further proceedings in regard thereto as from the date hereof. To the Registrar of the Court of Criminal Appeal.____________________ No. 21. O. 86, r. 24 (1) APPLICATION FOR ORDER FOR ATTENDANCE OF WITNESS.____________________ COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions Take notice that the above named will apply to the Court of Criminal Appeal for an order for the attendance and examination before such Court of the witness hereinafter specified, viz.: 1. Name and address of witness: 2. Whether such witness has been examined at the trial: 3. If not, the reason why he was not so examined: 4. On what matters it is proposed to examine him: There is annexed hereto a statement signed by the said witness of the evidence which he proposed to give, and the reason why he did not give evidence at the trial. To the Registrar of the Court of Criminal Appeal and the Chief State Solicitor No. 22. O. 86, r. 24 (2) ORDER TO WITNESS TO TEND BEFORE THE COURT FOR EXAMINATION.____________________ COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions You are ordered to attend before the Court of Criminal Appeal on the day of 19 , at the Four Courts, Dublin at o'clock in the noon to give evidence on behalf of [ add if required: ] and also to bring with you and produce at the time and place aforesaid [ specify documents to be produced Registrar.____________________ No. 23. O. 86, r. 24 (5) NOTICE TO WITNESS TO ATTEND BEFORE EXAMINER FOR EXAMINATION.____________________ COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions Take notice that you are ordered by the Court of Criminal Appeal to attend before , the Examiner appointed by the said Court, on the day of 19 , at at o'clock in the noon to give evidence on behalf of [ add if required: ] and also to bring with you and produce at the time and place aforesaid [ specify documents to be produced No. 24. O. 86, r. 24 (7) CAPTION FOR DEPOSITION OF WITNESS EXAMINED BEFORE EXAMINER.____________________ COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions The deposition taken before the undersigned, being an Examiner duly appointed by the Court of Criminal Appeal in that behalf, of of examined before me under an order of the said Court dated the day of 19 , in the presence of the said appellant [ his counseland solicitor] and counsel [ solicitor] for the Director of Public Prosecutions at on the day of 19 . The appellant personally [ by his counsel solicitor] and counsel ( solicitor] for the Director of Public Prosecutions had full opportunity of asking questions of the said witness, to whom the deposition was read by me before being signed by the said witness. The deposition of of who (upon oath duly administered by me) saith as follows:— here follows deposition Taken before me this day of 19 . Examiner.____________________ No. 25. O. 86, r. 28 NOTICE OF RESULT OF APPEAL. COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions Take notice that the Court of Criminal Appeal has this day given judgment to the effect following, viz.: No. 26. O. 86, r. 29 NOTICE OF APPLICATION.____________________ COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions Take notice that I the above-named will apply to the Court of Criminal Appeal for on the grounds hereinunder set forth. Grounds of application ____________________ No. 27. O. 86, r. 5 NOTICE OF APPEAL UNDER SECTION 29 (6) OF THE ROAD TRAFFIC ACT 1961 .____________________ COURT OF CRIMINAL APPEAL. The People at the suit of the Director of Public Prosecutions. To the Registrar of the Court of Criminal Appeal. I, having applied pursuant to the provisions of section 29 of the Road Traffic Act 1961 to the (Circuit Central Criminal Court) for removal of disqualification and being aggrieved by the order made on the hearing of such application, do hereby give you notice of appeal to the Court of Criminal Appeal against said order on the grounds hereinafter set forth: 1. Date of order imposing consequential or ancillary disqualification. 2. Date of order under appeal. 3. Address of appellant. Grounds of Appeal. APPENDIX V. ELECTION PETITIONS. No. 1. O. 97, r. 2 RECEIPT FOR PETITION. Received on the day of at the Central Office, a petition touching the election of ., a Deputy for purporting to be signed by [ insert the names of petitioner No. 2. O. 97, r. 3 PETITION.____________________ THE HIGH COURT. In the matter of the election for [ state the place ] held on the day of 19 . To the High Court. The humble petition of of [ . of and B. of , as the case may be ] whose name(s) is(are) subscribed showeth as follows:— 1. Your petitioner A. is a person who voted [ had a right to vote, as the case may be ] at the above election [ claims to have had a right to be returned at the above election, was a candidate at the above election] and your petitioner B. [ here state in like manner the right of each petitioner 2. The election was held on the day of 19 A.B., C.D ., and . were candidates, and the Returning Officer has returned . as being duly elected. 3. [ Your petitioner(s) therefore pray(s) that it may be determined that the said . was not duly elected or returned, and that the election was void [ that the said . was duly elected, and ought to have been returned, or as the case may be No. 3. O. 97, r. 18(3) Be it remembered that on the day of 19 , before me [ name and description ] came of [ name and description as above described ] and acknowledged himself [ severally acknowledged themselves] to owe to the President of the High Court the sum of one thousand pounds [ the following sums, that is to say, the said the sum of the said ., the sum of , the said the sum of and the said the sum of ] to be levied on his [or their respective] goods and chattels, land and tenements, to the use of the President of the High Court and his successors. The conditions of this recognizance is that if [ here insert the name of the petitioner, and if more than one, add, or any of them] shall well and truly pay all costs, charges, and expenses in respect of the election petition signed by him [ them] relating to the [ here insert the name of the constituency ] which shall become payable by the said petitioner [ petitioners, or any of them] to any person or persons, then this recognizance to be void, otherwise to stand in full force. Signatures of sureties Taken and acknowledged by the above-named [ names of sureties ] on the day of , at before me. Master of the High Court, or Justice of the District Court, or Peace Commissioner [as the case may be]. No. 4. O. 97, r. 26(3) NOTICE OF TRIAL.____________________ In the matter of the election petition of ............................................................ .............. Constituency of ............................................................ ..................................................... Take notice that the above petition will be tried at on the day of and on such other subsequent days as may be necessary. Master of the High Court. No. 5. O. 97, r. 33(3) APPLICATION FOR LEAVE TO WITHDRAW.____________________ In the matter of the election petition of ............................................................ .............. Constituency of ............................................................ ..................................................... The petitioner proposes to apply to withdraw his petition upon the following ground [ here state the ground ] and prays that a day may be appointed for hearing his application. (Signed)____________________ No. 6. O. 97, r. 33(5) ADVERTISEMENT OF APPLICATION FOR LEAVE TO WITHDRAW.____________________ In the matter of the election petition of ............................................................ ............... Constituency of ............................................................ ...................................................... Notice is hereby given that the above petitioner has on the day of lodged at the Central Office notice of an application to withdraw the petition, of which notice the following is a copy [ set it out ], And take notice that any person who might have been a petitioner in respect of the said election may, within five days after publication by the Returning Officer of this notice, give notice in writing of this intention on the hearing to apply for leave to be substituted as a petitioner. Master of the High Court.____________________ No. 7. O. 58, r. 23(5) NOTICE OF RESULT OF APPEAL.____________________ THE SUPREME COURT. ELECTORAL ACT, 1963 TAKE NOTICE that the Supreme Court has this day given judgment to the effect following, viz.: Registrar of the Supreme Court. ............................................................ ............................................................ ..................... ............................................................ ............................................................ .................... ............................................................ ............................................................ ................... No. 8. O. 58, r. 23(5) NOTICE OF RESULT OF APPEAL.____________________ THE SUPREME COURT. LOCAL GOVERNMENT (PETITIONS AND DISQUALIFICATIONS) ACT, 1974. Take Notice that the Supreme Court has this day given judgment to the effect following, viz.: Registrar of the Supreme Court. ............................................................ ............................................................ .............. ............................................................ ............................................................ .............. ............................................................ ............................................................ .............. APPENDIX W. PART I. (1) INSTITUTION OF PROCEEDINGS. O. 99, r. 13(1) 1. Drawing instructions to counsel to advise as to institution of proceedings... ... 2. Drawing, issuing, filing and service on one party of originating summons, petition, originating notice of motion or third party notice (excluding attendance on counsel) 3. Issue and service on one party of concurrent originating summons ... ... Note to items 1 and 2: — References in these items to service on one party of an originating summons shall, in relation to a summons in an admiralty action in rem, be construed as reference to service of the summons on a ship. 4. Renewing originating summons issued— (a) in an admiralty action ... ... (b) in any other action ... ... including drawing and filing affidavit, attending on application for renewal and obtaining order. 5. Drawing, issuing, filing and service on one party of notice of motion (other than an originating motion) ... ... ... 6. Drawing, filing and service on one party of notice of appeal or case stated (subject to Order 99, rule 47) ... ... ... 7. Drawing, filing and delivery to one party of statement of claim, defence (and counterclaim), answer to petition, reply, or other pleading ... ... ... 8. Drawing, filing and delivery to one party of particulars of pleading and drawing and delivery to one party of request for such particulars ... ... ... ... 9. Drawing and filing of preliminary act, or declaration of insolvency, drawing notice of filing and service on one party of such notice... ... ... ... ... 10. Drawing amendment of document referred to in item 2 or 7, and service on or delivery to, one party of amended document ... ... ... ... 11. Drawing notice of originating summons or intimation of issue of process, for service out of the jurisdiction ... ... 12. Drawing any document, attending on any application, and doing any other work necessary to obtain— (a) order for substituted service of any document; (b) order giving leave to serve any document out of the jurisdiction; (c) any other ex parte order, whether preliminary to or in the course of the proceedings, not otherwise provided for under any other item and obtaining order ... ... ... (d) a citation and obtaining order .. (2) DISCOVERY AND INSPECTION. 13. Drawing, filing and service of— (a) affidavit of documents or list of documents, or (b) interrogatories for examination of a party, or (c) affidavit in answer to interrogatories (3) PREPARATION FOR TRIAL, &c. 14. Drawing and issue of order or notice of subpoena for any number of persons not exceeding three and the same for every additional number not exceeding three— ad testificandum ... ... ... duces tecum ... ... ... 15. Drawing and service of notice— (a) to produce for inspection document referred to in pleading or affidavit.. (b) to produce document at trial or hearing ... ... ... ... (c) to admit any document or fact .. 16. Instructions for trial or hearing of any cause or matter, petition or motion, whatever the mode of trial or hearing (including the taking of accounts or making of inquiries) ... ... ... ... 17. Instructions for appeal from an interlocutory or final order or judgment ... Notes to items 16 and 17: These items are intended to cover the doing of any work, not otherwise provided for, necessarily or properly done in preparing for a trial, hearing or appeal, or before a settlement of the matters in dispute, including:— (a) taking instructions to sue, defend, counter-claim or appeal, or for any pleading, particulars of pleading, affidavit, preliminary act or a reference under Order 64, rule 46; (c) attending on and corresponding with client; (d) interviewing and corresponding with witnesses and potential witnesses and taking proofs of their evidence; (e) arranging to obtain reports or advice from experts and plans, photographs and models; (g) inspecting any property or place material to the proceedings; (h) perusing pleadings, affidavits and other relevant documents; (i) where the cause or matter does not proceed to trial or hearing, work done in connection with the negotiation of a settlement; and (j) the general care and conduct of the proceedings. 18. Drawing instructions to counsel to advise in writing or in consultation ... ... 19. Attending counsel in consultation .. For each half hour beyond the first hour Note:—This item includes attending to make appointment for consultation. 20. Drawing brief with observations to counsel and proofs of evidence, per folio .. 21. Attending to obtain appointment to examine witness and on examination of witness before any commissioner, officer of the court or other person appointed to examine him, for each day of examination. Note:—The solicitor shall also be allowed travelling expenses reasonably incurred by him. 22. Attending to obtain fiat of the Attorney General, where required (4) TRIAL OR HEARING 23. Attending sittings within 20 miles of the place where the solicitor practices, for purposes of— (a) trial or hearing of a cause, matter or appeal for each day— (i) on which cause, matter or appeal is included in list to be tried or heard, but is not begun (ii) of trial or hearing ( b ) hearing reserved judgment 24. Attending at sittings elsewhere for any purpose mentioned in item 23 for each day (except Sunday) on which solicitor is necessarily absent from his office Notes to items 23 and 24: (a) if the solicitor has to attend on more than one hearing or trial at the same time and place, the expense shall in such case be reasonably divided; (b) the solicitor shall also be allowed travelling expenses reasonably incurred by him; (c) these items do not relate to the attendances mentioned in item 26. 25. Attending to enter or bespeak order or judgment ... ... ... ... 26. Attending hearing of summary or special summons or motion before the Court, for each day ... ... ... ... 27. Attending to obtain appointment for hearing before the Master, the Examiner, or a Registrar, or to vouch publication of advertisement or any necessary service 28. Attending to deliver papers required for the use of a Judge, the Master, the Examiner or a Registrar ... ... ... 29. Attending the Examiner or a Registrar to bespeak (where necessary) and settle draft order ... ... ... ... (5) TAXATION. 30. Drawing and engrossing bill of costs, including copy for Taxing Master and one copy for service, per folio ... ... 31. Lodging and serving bill of costs and issuing, serving and filing notice to tax 32. Attending taxation, completing bills, vouching, completing affidavit of tots and certificate and taxation ... ... 33. Drawing objections to decision of Taxing Master, or answer to objections, including copies for service and filing; delivery to one party of such objections or answers and attending hearing or review by Taxing Master — if objections sustained ... (6) EXECUTION. 34. (a) Drawing and attending to obtain issue of order of fieri facias capias, elegit, sequestration or attachment, any subsequent order for giving effect thereto and any other order to enforce a judgment or order.. .. .. (b) Copies of any such order (where necessary) per folio .. .. 35. (a) Drawing notice of renewal of order of execution .. .. .. (b) Procuring renewal of order of execution (7) ATTENDANCES. 36. To obtain— (a) consent of person to act as next friend or guardian ad litem and consent or approval of any other interested party (b) any other consent .. .. Note: This item includes drawing the form of consent or approval. 37. To give consent or sign admission 38. (a) to enter appearance and give notice thereof .. .. .. (b) If appearance entered for more than one person at the same time, for each additional person .. .. 39. To obtain any certificate from the Central Office or other office of the High Court or Supreme Court.. .. .. 40. To register a judgment, order, bond, lis pendens or recognisance .. .. 41. To vacate a recognisance or enter satisfaction of a judgment (over and above outlay).. .. .. .. 42. 43. To set down for trial or hearing 44. On the appropriate officer to inform him that a cause or matter set down for trial or hearing is settled and may be listed accordingly .. .. .. 45. On a deponent swearing, or by solicitor or clerk deposing to, any affidavit other than an affidavit of service .. .. 46. (b) For every certificate in excess of three obtained at the same time .. 47. 48. 49. (a) On counsel with brief, case for written opinion or instructions to settle any document .. .. .. (b) or where counsel's fee is 21 pounds or more .. .. .. 50. To lodge a notice or other document in the Central Office for transmission not otherwise provided for .. .. 1.01 51. At the Bank of Ireland and Accountant's Office, on lodgment of money with a pleading or under order or direction of the Court .. .. .. 52. On transfer of stocks or securities in or out of Court under any order or direction of the Court .. .. .. 53. On transfer of any Government or other stock under power of attorney, for each such transfer .. .. .. 54. To obtain draft for payment of cash under an order and payment to payee, for each draft .. .. .. .. NOTE: The total fee for drafts obtained under the same order shall not exceed 55. To bespeak and procure certificate of funds or copy of Accountant's account 56. On the Accountant and the Bank of Ireland for the purpose of depositing effects with the Bank .. .. 57. Necessary and proper attendances not provided for or allowed under any other item .. .. .. .. Note: The solicitor shall also be allowed reasonable travelling expenses actually incurred (8) DRAWING DOCUMENTS NOT OTHERWISE PROVIDED FOR. 58. Affidavit of service or other formal affidavit .. .. .. .. Note: This item includes engrossing affidavit, attending to have it sworn and to file it. 59. Affidavit (other than affidavit of service, or other formal affidavit), consent, undertaking admission or other similar documents, per folio .. .. .. 60. Preparation for marking by commissioner for oaths of exhibit to affidavit for each exhibit .. .. .. .. 61. Advertisement for Iris Oifigiúil or newspaper or other advertisment to be approved by the Examiner or a Registrar Note: This item includes attending to obtain approval. 62. Accounts, statements and other documents required for use in Court, per folio 63. Pedigree, for each completed ring 64. Drawing, issuing, filing and service on one party of— (a) notice to proceed under a judgment or order (to include transmission if required) .. .. .. (b) other notices issued, by direction of the Court, a Taxing Master or Registrar.. .. .. .. 4.03 65. Drawing motion docket on ex parte application to the Master .. .. 66. Drawing notice of setting down of summons before the Master .. .. 67. Drawing notice for Iris Oifigiúil or newspaper to a corporation or public body, of issuing of a summons .. .. 68. Drawing and engrossing recognisance 69. Drawing and engrossing satisfaction piece and affidavit .. .. .. 70. Drawing or filling up a notice to a creditor requiring him to prove his claim 71. Drawing any notice or document not otherwise provided for .. .. (9) COPIES. 72. Copy of document— (a) typewritten or manuscript copy, per folio .. .. .. (b) carbon copy, per folio .. .. 73. (10) LETTERS, ETC. 74. (a) Writing, signing and entering letters or telegrams not exceeding one folio Exceeding one folio .. .. .. .. (b) If several letters or circular of the same import For the first .. .. .. For each subsequent letter or circular (c) Carbon copy of letter to send 75. Messages and telephone calls not provided for or allowed under any other item (11) PERUSALS. 76. Perusing draft certificate, report, scheme or like document submitted for approval or examination by solicitor .. .. 77. Perusing any document not provided for or allowed under any other item, per folio 78. Examining, where necessary, claims under Order 55, Part VI— (a) where the number does not exceed five .. .. .. (b) for each additional five .. .. (12) SERVICE 79. Where more than one attendance is necessary to effect service on, or delivery to, one party of any summons, petition, pleading or notice; or where service is effected within the jurisdiction otherwise than by personal service or by post, or is effected out of the jurisdiction .. 80. Where a summons, petition, pleading or notice is required to be served on, or delivered to, more than one person, service on, or delivery to, each additional person— (a) if required to be served personally or delivered .. .. .. (b) if service by post authorised 81. Service or delivery of any document, not provided for or allowed under any other item— (a) if required to be served personally or delivered .. .. .. (b) if service by post authorised In addition to the amount allowed under paragraph (a) of this item, a mileage allowance in respect of each mile after the first two miles between the place at which service or delivery is effected and the nearest place of business of the solicitor effecting it. .. .. .. PART II. COSTS OF JUDGMENT IN DEFAULT OF APPEARANCE. O. 99, r. 39. (1) DISTRICT COURT JURISDICTION If the amount of the judgment does not exceed £2,500 — Such sum as would be appropriate to a judgment for a like amount in the District Court. (2) CIRCUIT COURT JURISDICTION If the amount of the judgment exceeds £2,500 but does not exceed £15,000 — Such sum as would be appropriate to a judgment for a like amount in the Circuit Court. (3) HIGH COURT JURISDICTION If the amount of the judgment exceeds £15,000 — £95.00 and £5.00 for each additional service after the first; and this amount shall in every case be exclusive of and in addition to all actual and necessary outlay. PART III. NON-CONTENTIOUS PROBATE MATTERS. O. 99, r. 45 (1) PROBATES. Effects sworn under Oath of executor and attendance on the party being sworn Affidavit for Revenue purposes and attendance on the party being sworn Probate under seal 0.39 0.39 0.17 0.17 20 0.39 0.39 0.17 0.67 100 0.78 0.78 0.17 1.34 200 1.06 1.06 0.45 1.34 300 1.57 1.57 1.18 1.34 450 1.90 1.34 600 2.58 1.34 800 3.53 1.34 5.10 1.34 7.06 1.85 9.41 1.85 11.82 2.86 14.17 2.86 1.57 1.57 14.95 3.25 15.74 16.52 17.30 18.09 18.87 19.66 20.44 21.62 22.79 23.97 25.59 27.55 29.51 32.48 35.39 38.36 41.33 47.21 53.14 59.02 64.96 67.87 72.80 79.69 85.62 91.50 97.44 112.00 131.88 136.81 And for every additional £100,000 or any fractional part of £100,000 under which the personal estate is sworn, in addition to the above fees, a further fee, for probate under seal of ) the complexity, importance, difficulty, rarity, or urgency of the question raised; ) the value of the property passing or deemed to pass on the death; ) the amount of duty involved; ) the importance of the matter to the beneficiaries; ) the skill, labour and responsibility involved therein and any specialised knowledge given or applied on the part of the solicitor; ) the number and importance of any documents perused; ) the place where and the circumstances in which the business or any part thereof is transacted and ) the time reasonably expended thereon. For engrossing and collating the will, if not exceeding three folios including parchment if exceeding three folios per folio, including parchment ... ... ... ... ... When there are two or more executors, and they are not sworn at the same time, for each attendance after first on their being sworn to oath and affidavit:— If the effects are sworn at less than £20 .. .. .. If the effects are sworn at less than £100 .. .. If the effects are sworn at £100 or upwards .. .. In addition to the foregoing fees, there is to be allowed for attending to pay the stamp duty, if the effects are sworn at less than £300 a fee of .. .. .. .. .. If sworn at £300 or upwards, a fee of .. .. .. (2) LETTERS OF ADMINISTRATION WITH WILL ANNEXED. In addition to the fees in section (1) for preparing and attendance on the execution of the bond, if the effects are: Under £20 .. .. .. .. .. £20 or under £100 .. .. .. .. .. £100 or upwards .. .. .. .. .. The engrossing and collating a will or codicil for a grant of probate or letters of administration with the will annexed, when there are pencil marks in the will or codicil, or when the will or codicil is to be registered facsimile in addition to any other fee for engrossing or collating the same: If the pencil marks in the will or codicil or in the part or parts thereof to be registered facsimile are two folios, or under If exceeding two folios, for every additional folio or part of a folio (3) LETTERS OF ADMINISTRATION INTESTATE. Effects sworn under Oath of administrator and attendance on his being sworn and on execution of the bond Affidavit for Revenue purposes and attendance on the administrator being sworn Letters of Administration under seal 0.39 0.39 0.17 0.17 20 0.50 0.39 0.17 0.67 50 0.22 100 0.78 0.78 0.45 1.34 200 1.40 1.40 0.67 1.34 300 1.57 1.40 1.90 1.34 450 2.58 1.34 600 2.07 1.57 3.53 1.34 800 5.10 1.34 7.06 1.34 10.64 1.34 14.17 2.86 14.73 15.34 16.52 17.70 18.87 20.05 21.28 22.40 23.58 3.25 24.81 2.07 1.57 26.54 28.34 30.07 32.48 35.39 38.36 42.73 47.21 51.58 56.11 64.96 73.92 82.66 91.50 95.98 104.83 112.56 5.26 122.53 131.48 140.28 147.62 155.01 162.40 169.79 And for every additional £100,000, or any fractional part of £100,000 under which the personal estate is sworn in addition to the above fees, a further fee, for letters of administration under seal .. .. .. .. .. .. When there are two or more administrators, and they are not sworn at the same time, for each attendance after the first on their being sworn to oath, and affidavit to include attendance on execution of the bond:— If the effects are under £20 .. .. .. .. If the effects are £20 or under £100 .. .. .. If the effects are £100 or upwards .. .. .. In addition to the above fees, or preparing bond, if the effects are:— Under £20 .. .. .. .. .. £20 and under £50 .. .. .. .. .. £50 and under £100 .. .. .. .. £100 and upwards .. .. .. .. .. In addition to the foregoing fees, there is to be allowed for attending to pay the stamp duty, same as for probate. (4) DOUBLE OR CESSATE PROBATE. If the effects are sworn under Attendance in the Probate Office and looking up the will and bespeaking the engrossment Oath of the executor and attendance on his being sworn Affidavit for Revenue purposes and attendance on the executor being sworn Drawing and copying statement in support of application for the duty-paid Double or cessate probate under seal 0.50 0.39 0.26 0.17 0.17 20 0.50 0.39 0.26 0.73 0.13 100 1.01 0.78 0.53 1.01 0.17 1.34 200 1.01 1.01 0.70 1.01 0.45 1.34 300 1.01 1.57 1.05 1.01 1.18 1.34 450 1.01 1.57 1.05 1.01 1.90 1.34 600 1.01 1.57 1.05 1.57 1.96 1.34 800 1.01 1.57 1.05 1.57 1.96 1.34 1.01 1.57 1.05 1.57 1.96 1.34 1.01 1.57 1.05 1.57 1.96 1.79 1.01 1.57 1.05 1.57 1.96 1.79 1.01 1.57 1.05 1.57 1.96 2.86 1.01 1.57 1.05 1.57 1.96 2.86 1.01 1.57 1.05 1.57 1.96 2.86 If £5,000 or upwards: The fees to be taken are the same as above, except the extracting fee, which if the effects are of the value of £70,000 or upwards, is The above fee for drawing and copying the statement in support of an application for the duty-paid stamp is to be taken when the statement is five folios or under. If the statement exceeds five folios, for each additional folio Instructions—same as for Probates When there are two or more executors to be sworn, and they are not sworn at the same time, for each attendance, after the first on their being sworn, the same fee as on a first grant under the same sum. (5) EXEMPLIFICATION OF PROBATE OR LETTERS OF ADMINISTRATION WITH OR WITHOUT WILL ANNEXED. Attending at the Probate Office (or District Registry), looking up the grant of probate and original will, or grant of administration and bespeaking exemplification .. .. .. Exemplifications under seal and stamp .. .. Extracting .. .. .. .. .. (6) DUPLICATE AND TRIPLICATE PROBATES OR LETTERS OF ADMINISTRATION WITH OR WITHOUT WILL ANNEXED. Attending at the Probate Office (or District Registry), looking up the will and bespeaking duplicate or triplicate of a grant and engrossment .. .. .. .. .. Drawing and copying statement in support of application for the duty-paid stamp—The same fee as on a double cessate or probate. Attending and procuring the duty-paid stamp .. .. Duplicate or triplicate probate, or letters of administration with or without will annexed; if the personal estate is under £100 or any smaller sum, the same fee as on the original grant, if the persona] estate is of the value of £100 or upwards .. .. Extracting .. .. .. .. .. .. (7) LETTERS OF ADMINISTRATION WITH OR WITHOUT WILL ANNEXED DE BONIS NON OR CESSATE. If effects sworn under Attending at Probate Office looking up and perusing will, and taking account of former grants Oath of administrator and attendance on his being sworn and on execution of bond Affidavit for Revenue purposes and attendance on administrator being sworn Drawing and copying statement in support of application for the duty-paid stamp De bonis non or cessate adminitration with our without will under seal and duty-paid stamp 1.01 0.78 0.39 0.17 0.17 20 1.01 0.78 0.39 0.17 0.67 50 1.01 1.01 0.78 0.22 1.01 100 1.01 1.57 1.01 0.78 0.45 1.34 200 1.01 2.07 1.01 1.01 0.67 1.34 300 1.01 2.58 1.57 1.01 1.85 1.34 450 1.01 2.58 1.57 1.01 1.85 1.34 If £450 or upwards: The fees to be taken are the same as above except the extracting fee which, if the effects are £1,500 and upwards, is .. .. .. .. .. If there has been more than one previous grant, for each grant looked up after the first, a further fee of .. .. The above fee, for drawing and copying the statement in support of application for the duty-paid stamp is to be taken, if the statement is five folios or under. If it exceeds five folios, for each additional folio .. .. .. .. Attending to pay stamp duty—same as for Probates In addition to the above, for preparing the bond, and for each attendance after the first on the administrators being sworn, and on execution of the bond, when there are two or more administrators and they are not sworn at the same time, the same fee as on ordinary grants of letters of administration. (8) PROBATES, SPECIAL OR LIMITED. Instructions—same as for probates Affidavit for Revenue purposes, and attendance on the executor being sworn thereto—the same fee as on ordinary probates. Drawing oath of executor, per folio .. .. .. Fair copy of the oath for the Probate Office (or District Registry) per folio .. .. .. .. .. .. Attending at the Probate Office (or District Registry) thereon Engrossing same, per folio .. .. .. .. Each attendance on the executors being sworn .. .. Engrossing and collating the will Special or limited probate, under seal The same fees as on ordinary probates. (9) LETTERS OF ADMINISTRATION, WITH OR WITHOUT WILL ANNEXED, SPECIAL OR LIMITED Consulting fee .. .. .. .. .. Perusing and abstracting deeds or other instruments, when necessary, at per folio .. .. .. .. .. Proxy of nomination .. .. .. .. .. Affidavit for Revenue purposes and attendance on the administrators being sworn thereto—the same fees as on ordinary grants of letters of administration Drawing special oath of the administrator, per folio.. .. Fair copy of the oath for the Probate Office (or District Registry) to peruse, per folio.. .. .. .. .. Attending at the Probate Office (or District Registry) thereon Engrossing same, per folio .. .. .. .. Each attendance on the administrators being sworn, and on execution of the bond .. .. .. .. Engrossing and collating the will Letters of administration under seal and stamp The same fees as on ordinary grants of letters of administration, with or without will annexed. For every five years after the first five years .. .. For collating an office copy or extract of a record, will, or other document, with the original, or a registered copy thereof, including extracting fee, per folio .. .. .. .. For collating an office copy of the action granting probate or administration with the original entry thereof, including extracting fee .. .. .. .. .. .. (11) CAVEATS. For attendance in the Probate Office and entering or subducting a caveat .. .. .. .. .. .. For attendance in the Probate Office, and giving instructions for warning caveators to enter an appearance .. .. For service of warning to a caveat and copy .. .. (12) AFFIDAVITS OTHER THAN THE AFFIDAVITS AND OATHS INCLUDED IN THE FEES OF PROBATE AND LETTERS OF ADMINISTRATION AND DECLARATIONS OF PERSONAL ESTATE AND EFFECTS. For taking instructions of every affidavit or declaration of personal estate and effects .. .. .. .. .. For drawing, and fair copy of the same, per folio .. .. For every attendance on the deponents or declarants being sworn or affirmed to such affidavit or declaration .. .. (13) INSTRUMENTS OF RENUNCIATION AND CONSENT, LETTERS OF ATTORNEY, AND OTHER DOCUMENTS. For taking instructions for every instrument of renunciation or consent, letters of attorney, or other document .. .. For drawing, and fair copy thereof, per folio .. .. (14) GENERAL. Any work not hereinbefore provided for may be charged in accordance with Part I. PART IV. BANKRUPTCY. O. 99, r. 51 SPECIAL ITEMS NOT COVERED BY PART I. 1. Debtor's summons, including all affidavits in support thereof and prior demands for payment ... ... ... ... 2. Petition of bankruptcy, including all affidavits in support thereof and form of order of adjudication and duplicate, and warrant of seizure ... ... ... 3. Petition or arrangement, including all affidavits in support thereof, affidavit required to be filed under Deeds of Arrangement Act, 1890, and form of protection order ... ... ... ... 4. Accounting statement when required 5. Special account of balance sheet required to be filed by the bankrupt or the arranging debtor in pursuance of an order of the Court, per item ... ... ... 6. Statement of affairs per item ... ... (Subject to a minimum fee of £6.72) Where a short or preliminary statement of affairs and list of creditors in arrangements is filed in the office before the sitting, per item ... ... ... (Subject to a minimum fee of £4.03) 7. Application to dismiss debtor's summons or show cause against adjudication, including affidavit of debtor in support 8. Bankrupt's offer of composition after bankruptcy ... ... ... ... 9. Proof of debt when filed ... ... 10. Authority to vote when completed by creditor in favour of the proposal .. Note to items 9 and 10 — These items include all correspondence relative to such proofs of debt and authorities. 11. Certificate of the vesting of estate in assignees or trustees, including filing copy and procuring office copy and attendances to register in the Registry of Deeds (when applicable) ... ... ... ... 12. Composition bill or note (besides stamp duty) ... ... ... ... ... Note to items 1 to 12 — The foregoing fees cover all work in taking instructions for and drawing, engrossing, swearing, issuing, filing and serving the documents respectively referred to. 13. Perusing bankrupt's or arranging debtor's statement of affairs 14. Perusing bankrupt's or arranging debtor's accounting statement (when required) 15. Persuing messenger's report or reports Note to items 13, 14 and 15—These fees may be increased on special grounds, or if the Examiner certifies that it is reasonable so to do. 16. Attending at and conducting preliminary meeting of creditors in arrangement 17. Drawing and engrossing and attending on execution of bonds of sureties ... 18. Drawing, issuing and filing of notice of sittings in bankruptcy or arrangement, and transmitting to one party ... and to each additional party ... ... PART V. APPEALS FROM CIRCUIT COURT. O. 99, r. 12(1) 1. Instructions for and preparation and lodgment of notice of appeal, including copy for service ... ... ... ... 2. Service thereof on solicitor where only one party to be served ... ... 3. For each additional copy served ... 4. Each additional service thereof if on a solicitor ... ... ... ... 5. Service on person other than a solicitor such reasonable sum as has been paid 6. Instructions for and preparation and lodgment of notice to vary ... ... 7. Service thereof on solicitor where only one party to be served ... ... 8. For each additional copy served ... 9. Each additional service thereof if on a solicitor ... ... ... ... 10. Service on person other than a solicitor such reasonable sum as has been paid. PART VI. FEES PAYABLE TO COMMISSIONERS FOR OATHS. 1. On taking an affidavit, affirmation or declaration ... ... ... ... 2. On marking exhibits therein referred to and required to be marked — for each exhibit ... ... ... ... but not exceeding for all exhibits 3. On attesting the execution of a bond APPENDIX Z. ANNULMENT OF RULES. S.I. No. 72 of 1962, S.I. No. 105 of 1963 , S.I. No. 224 of 1963, S.I. No. 38 of 1964 , S.I. No. 96 of 1964, S.I. No. 166 of 1964 , S.I. No. 168 of 1964, S.I. No. 29 of 1965 , S.I. No. 28 of 1966, S.I. No. 169 of 1966 , S.I. No. 185 of 1966, S.I. No. 63 of 1967 , S.I. No. 219 of 1967, S.I. No. 66 of 1968 , S.I. No. 37 of 1971, S.I. No. 38 of 1971 , S.I. No. 27 of 1971, S.I. No. 129 of 1971 , S.I. No. 226 of 1971, S.I. No. 284 of 1971 , S.I. No. 300 of 1972, S.I. No. 220 of 1973 , S.I. No. 256 of 1974, S.I. No. 261 of 1974 , S.I. No. 15 of 1975, S.I. No. 286 of 1976 , S.I. No. 194 of 1977, S.I. No. 295 of 1978 , S.I. No. 48 of 1980, S.I. No. 127 of 1980 , S.I. No. 319 of 1980, S.I. No. 384 of 1980 , S.I. No. 32 of 1981, S.I. No. 124 of 1981 , S.I. No. 130 of 1981, S.I. No. 237 of 1981 , S.I. No. 245 of 1981, S.I. No. 125 of 1983 , S.I. No. 283 of 1983, S.I. No. 370 of 1983 SCHEDULE I 1. £500cash in the house. 2. £40,000cash at the Bank. 3. £5,00012% National Loan standing in the name of the testator. 4. £400 due from T. B. Hannin for half years rent of house at to Easter 1982. 5. £700balance remaining due from E. B. Wood on account of half year's rent of farm at to Easter 1982. 6. £5,000 a debt due by S. T. Lynch on a bond, with interest from at per cent. 7. A leasehold house situate at , held under a lease for a term of years, which will expire on at a rent of £ a year, underlet to M.C.C. Durado for a term of which will expire on the at a rent of £ a year. SCHEDULE II. The particulars to be set forth in the same manner as above SCHEDULE III. To contain a short particular of the real estate SCHEDULE IV. To contain a short particular of the incumbrances, and showing what part of the above real estate is subject to each Sworn, &c.____________________ No. 18. O. 55, r. 54 ACCOUNT OF PERSONAL ESTATE, BEING ACCOUNT A. REFERRED TO IN FORM NO. 17. "A."____________________ Title of suit This account marked A. was produced and shown to ., and is the account referred to in his affidavit sworn this day of Before me [ to be signed here by commissioner or officer before whom the affidavit is sworn No. of item Date when received Names of persons from whom received On what account received Amount received No. of item Date when paid or allowed Names of persons to whom paid or allowed For what purpose paid or allowed Amount paid or allowed No. 19. O. 55, r. 54 ACCOUNT OF RENTS AND PROFITS, BEING THE ACCOUNT B. REFERRED TO IN FORM NO. 17. "B."____________________ Title of suit This account marked B. was produced and shown to ., and is the account referred to in his affidavit sworn this day of Before me [ to be signed here by commissioner or officer before whom affidavit sworn No. of item Date when received Names of persons from whom received On what account and in respect of what part of the estate received, and when due Amount received 19 . No. of item Date when paid or allowed Names of persons to whom paid or allowed For what purpose paid or allowed Amount paid or allowed 19 . FORM No. 20. O. 50, r. 19 Title of suit This account "A" was produced and shown to and is the account referred to in his affidavit sworn this day of Before me [ To be signed by commissioner or officer before whom the affidavit was sworn No. of item Date when received Names of persons from whom received On what account received Amount received No. of item Date when paid or allowed Names of persons to whom paid or allowed For what purpose paid or allowed Amount paid or allowed here there are several lettings of lands or premises a rental in the following form should be included as a preface to the account, and the amounts actually received should be shown on the debit side of the account as "rents received as per rental." No. of item Denominations and tenants' names Gale days Poor rate allowed tenants Income Tax allowed tenants Tenants' yearly rents Arrears returned up to Further rents accrued due to Total rent and arrears Amounts received thereout Arrears remaining due No. 21. O. 51, r. 8 CERTIFICATE OF RESULT OF SALE.____________________ Title of suit I, L.M., of , auctioneer, the person appointed to sell the estate comprised in the particulars hereinafter referred to, hereby certify as follows:— 1. I did at the time and place, in the lots and subject to the conditions specified in the said particulars and conditions of sale hereto annexed and marked A., put up for sale by auction the estates described in the said particulars. 2. The result of the sale is truly set forth in the bidding paper hereto annexed and marked B. 3. I have received the sums set forth in the fourth column of the schedule hereto as deposits from the respective purchasers whose names are set forth in the second column of the said schedule opposite the said sums in respect of their purchase money, leaving the sums set forth in the fifth column of the said schedule due in respect thereof. THE SCHEDULE ABOVE REFERRED TO. Number of lot Name of purchaser Amount of purchase money Amount of deposit received Amount remaining due To the best of my belief the above certificate is correct. The solicitor for the party having the conduct of the above-mentioned sale ].____________________ No. 22. O. 50, r. 16(2) O. 74, r. 19 RECEIVER'S OR OFFICIAL LIQUIDATOR'S BOND. Bond No. ............................................................ ................................... KNOW ALL MEN BY THESE PRESENTS THAT I ............................................................ ........................................ .......................................... of ............................................................ ............................................................ ...................... and we ............................................................ ............................................................ ........................................................ ............................................................

............................................................ ............................................................ .......... are (jointly and severally) held and firmly bound unto the Honourable............President of the High Court, and his successors in office in the sum of ............................................................ ...................................................... ............................................................ ............................................................ ........................to be paid unto the said President or his successor for the time being in office for which payment to be well and truly made, I the said..................................for myself, my heirs, executors and administrators and every of them and we the said................................................for ourselves and our successors do bind and oblige ourselves for the whole firmly by these presents. Sealed, &c. Dated the ........................... day of .......................... 19.................. WHEREAS by an order of the High Court made in [ set out title of proceedings including record number ]............................................................ ............................................................ ............................................. and bearing date the ..........day of ............................................................ ............................................................ . the above bounden ......................was appointed receiver over the lands and premises in the said order mentioned ( Official Liquidator of the said................................ Company Limited) upon his entering into security conditioned to account as in such cases usual. AND WHEREAS the Court has approved of the above bounden............................................................ ...... ............................................................ ............................................................ ............................................................ .......... to be sureties for the said ............................................................ ............................................................ ................. and has also approved of the above written bond with the underwritten condition as a proper security to be entered into by the said............................................................ ............................................................ .............. and pursuant to the said order, and in testimony of such approbation the proper officer of the Court has signed an allowance in the margin hereof. NOW THE CONDITION of the foregoing bond or obligation is such that if the above-named............................................................ ............................................................ ............................................. do and shall within twelve calendar months from the ......... day of............and at such other periods as he shall be required by the Court duly account upon oath for all moneys which he shall receive or which without his wilful default he might have received as such receiver ( Official Liquidator) as aforesaid and do and shall duly apply the balances which shall from time to time be certified to be due from him as the Court has directed or shall direct then the foregoing bond shall be void and of no effect OTHERWISE the same is to be and remain in full force and virtue. Where the surety is an insurance company the following provisoes may be included: PROVIDED ALWAYS that if default shall be made by the said........................in paying to the said .................. Company Limited on or before the .........day of.........in any year the annual premium or sum of .....................the said....................Company Limited shall at any time after such default be at liberty to apply to the Court to be relieved from all further liability as such surety as aforesaid at the expiration of such time and upon such terms and conditions as the Court shall order in that behalf. PROVIDED ALWAYS that in accordance with Section 93 of the Insurance Act, 1936 , it is understood and agreed that all moneys which become or may become due and payable by the surety under this bond shall be payable and paid in Ireland. IN WITNESS, &c.____________________ No. 23. O. 50, r. 16 (3) RECEIVER'S SECURITY BY UNDERTAKING.____________________ [Title of suit]. I, the receiver (and manager) appointed by order dated ( proposed to be appointed) in this suit hereby undertake duly to account for all moneys and property received by me as such or for which I may be held liable and to pay the balance from time to time found due from me and to deliver any property received by me as such at such times and in such manner in all respects as the Court shall direct. And we, hereby (jointly and severally) undertake to be answerable for any default by the said as such receiver and upon such default to pay to any person or persons or otherwise as the Court shall direct any sum or sums not exceeding in the whole £ that may from time to time be certified by the proper officer of the Court to be due from the said receiver and we submit to the jurisdiction of the Court in this suit to determine any claim made under this undertaking. Signatures of receiver and his surety or sureties. In the case of a surety being a guarantee or other company, it must be sealed or otherwise duly executed. No. 24. O. 50, r. 20 AFFIDAVIT VERIFYING RECEIVER'S ACCOUNT.____________________ [Title of suit]. I, of , the receiver herein appointed by the order dated the day of make oath and say as follows:— 1. I have read and attentively examined the account (and rental) upon which marked "A" I have signed my name before swearing this affidavit and I have myself made the several calculations in the said account (and rental) and the same are true and correct in every particular, to the best of my knowledge, calculation and belief. 2. From the* day of down to the day of neither I nor any person on my behalf, to my knowledge or belief, have or has received, nor am I chargeable as such receiver, with any greater or other sum than the sum of £ in the debit side of the said account set forth [ add if necessary —including the balance of £ certified to be due to me on my last account]. 3. The several sums for which I have claimed credit in the said account, amounting in the whole to the sum of £ as payments and allowances [ add if necessary —including the balance of £ certified to be due to me on my last account] have been severally paid and allowed truly and justly at the times specified in the said account, and I verily believe that I am justly entitled to credit for the same as such receiver. 4. The vouchers intended to be produced on my behalf on the passing of the said account are true and genuine vouchers. [5. I further say that I have used all reasonable and due diligence to get in the rents and arrears due by the several tenants in the said rental set forth and that I have been unable to collect any greater sum on account thereof than the sum of £ as therein set forth.] 6. and the sureties named in the bond dated the day of are both alive and neither of them has become bankrupt or insolvent Insurance Co., Ltd. the surety named in the bond dated the day of are still carrying on business in the Republic of Ireland, and to the best of my knowledge and belief, no petition has been presented to the Court for the winding up of the said company. Sworn, &c. When this is a first account insert the date of the order appointing the receiver. When this is not a first account, insert the date down to which the receiver has last accounted. No. 25. O. 55, r. 54 AFFIDAVIT VERIFYING ABSTRACT. [Title of suit]. solicitor for make oath and say that I have carefully examined and compared the abstract written on sheets of paper, upon which attached together and marked "A" I have signed my name before swearing this affidavit, with the several deeds and documents thereby purported to be abstracted; and that such abstract is a true and correct abstract of the said deeds and documents, so far as such deeds and documents relate to the hereditaments referred to in an order made in this suit dated the day of Sworn, &c. No. 26. O. 55, r. 54 AFFIDAVIT VERIFYING ENGROSSMENTS OF DEEDS. Title of suit of make oath and say as follows:— 1. I have carefully examined and compared the paper writing upon which marked "A" I have signed my name before swearing this affidavit, with the draft or paper writing upon which marked "B" I have signed my name before swearing this affidavit, being the draft of the conveyance [or settlement] settled by the Court pursuant to the order made herein dated 2. The said paper writing marked "A" is a true and correct transcript and engrossment of the said draft. Sworn, &c, No. 27. O. 36, r. 23 REQUEST TO SET DOWN CAUSE FOR FURTHER CONSIDERATION. [Title of suit]. I request that this cause, the further consideration whereof was adjourned by order of the day of , may be set down for further consideration before the Honourable Mr. Justice Plaintiff's [or defendant's] solicitor. No. 28. O. 36, r. 23 NOTICE THAT CAUSE HAS BEEN SET DOWN FOR FURTHER CONSIDERATION. [Title of suit]. Take notice that this cause, the further consideration where of was adjourned by the order of the day of , was on the day of set down for further consideration before the Honourable Mr. Justice for the day of . Solicitor for Solicitor for No. 29. O. 33, r. 9 ORDER FOR ACCOUNTS AND INQUIRIES. THIS COURT DOTH ORDER that the following accounts and inquiry be taken and made, that is to say:— 1. An account of the personal estate [ not specifically bequeathed ] of Z., deceased, the abovenamed testator, come to the hands of 2. An account of the testator's debts. 3. An account of the testator's funeral expenses. 4. An account of the legacies and annuities (if any), given by the testator's will. 5. An inquiry as to what parts (if any) of the testator's said personal estate are outstanding or undisposed of. AND IT IS ORDERED that the testator's personal estate [ not specifically bequeathed ] be applied in payment of his debts and funeral expenses in due course of administration, and then in payment of the legacies and annuities (if any) given by his will. (If ordered). AND IT IS ORDERED that the following further inquiries and accounts be made and taken that is to say:— 6. An inquiry as to what real estate the testator was seized of, or entitled to at the time of his death. 7. An account of the rents and profits of the testator's real estate received by ........................ 8. An inquiry as to what incumbrances (if any) affect the testator's real estate or any and what parts thereof. (If sale ordered). 9. An account of what is due to the incumbrancers in respect of their incumbrances. 10. An inquiry as to what are the priorities of such last-mentioned incumbrances. AND IT IS ORDERED that the testator's real estate be sold with the approbation of the Court. AND IT IS ORDERED that the further consideration of this cause be adjourned, and any of the parties are to be at liberty to apply as they may be advised. No. 30. O. 15, r. 33 MEMORANDUM ON NOTICE OF JUDGMENT. Take notice, that from the time of the service of this notice you [ or as the case may be , the infant person of unsound mind] will be bound by the proceedings in the above cause in the same manner as if you [ the said infant or person of unsound mind] had been originally made a party, and that you [ the said infant or person of unsound mind] may, on entering an appearance at the Central Office, Four Courts, Dublin, attend the proceedings under the within mentioned judgment [ order] and that you [ the said infant or person of unsound mind] may within one month after the service of this notice apply to the Court to discharge vary or add to the judgment [ No. 31. O. 15, r. 34 MEMORANDUM OF SERVICE OF NOTICE OF JUDGMENT. Heading as in Form No. Enter memorandum of service of notice of judgment [ order] dated the day of 19 , on the undermentioned person viz.:— Name of party served Date of service