S.I. No. 179/1950 - The Rules of the Circuit Court, 1950.

S.I. No. 179 of 1950.

THE RULES OF THE CIRCUIT COURT, 1950.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of Section 69 of the Courts of Justice Act, 1936 , by virtue of the powers conferred upon us by Section 66 of the Courts of Justice Act, 1924 , and Section 70 of the Courts of Justice Act, 1936 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated this 30th day of June, 1950.

Signed : W. G. SHANNON.

W. J. GLEESON.

PATRICK J. ROE.

E. C. MICKS.

ROGER O'HANRAHAN.

SEÁN O h-UADHAIGH.

JOSEPH P. TYRRELL.

MICHEÁL Ó CLEIRIGH.

I concur in the making of the annexed Rules of Court.

Dated this 3rd day of July, 1950.

(Signed) SEÁN MACEOIN,

Minister for Justice.

CONTENTS :

Title and Citation.

Interpretation of Terms.

Order 1. Sittings, Language and Office Hours.

" 2. Venue.

" 3. Judges' Robes and Mode of Address to the Judges.

" 4. Court Seal.

" 5. Commencement of Proceedings.

" 6. Parties.

" 7. Actions by and against Firms and Persons carrying on business in names other than their own.

" 8. Joinder of Claims.

" 9. Indorsement of Claim.

"10. Service and Entry.

"11. Service out of the Jurisdiction.

"12. Appearance, Defence, Lodgment and Counterclaim.

"13. Security for Costs.

"14. Particulars and further Particulars in Claim or Defence.

"15. County Registrar.

"16. Side-Bar Applications.

"17. Sittings in Chambers and Interlocutory Applications.

"18. Discontinuance.

"19. Change of Parties.

"20. Evidence.

"21. Attendance of Witnesses.

"22. Affidavits.

"23. Judgment by Default in cases of Liquidated Demands and Claims for delivery of Goods and Chattels.

"24. Summary Judgment.

"25. Judgment by Default in cases not coming within the preceding Orders.

"26. Judgment by consent in the Office.

"27. Review of Judgments.

"28. Admissions.

"29. Discovery of Documents.

"30. Trial.

"31. Order as to Trial of Separate Issues.

"32. Transfer of Actions.

Order 33. Execution.

" 34. Probate.

" 35. Ejectments.

" 36. Attachment and Committal.

" 37. Attachment of Debts by Garnishee.

" 38. Receiver by way of Equitable Execution.

" 39. Interpleader.

" 40. Workmen's Compensation Acts.

" 41. Bankruptcy.

" 42. Intoxicating Liquor Licences.

" 43. Appeals from the District Court.

" 44. Appeals to the Court of Criminal Appeal.

" 45. Sales.

" 46. Security.

" 47. Administrators Pendente Lite and Receivers.

" 48. The County Officers and Courts (Ireland) Act, 1877 ; The Settled Land Acts ; The Trustee Relief Acts ; and the Trustee Acts.

" 49. Persons of unsound mind.

" 50. Accounts.

" 51. Motions.

" 52. Criminal Injury Applications.

" 53. Registration of Title.

" 54. Rent Restrictions Acts.

" 55. Landlord and Tenant Acts.

" 56. Housing (Miscellaneous Provisions) Act, 1931 .

" 57. Amendments.

" 58. Costs.

" 59. General.

FIRST SCHEDULE.

SITTINGS—TOWNS.

SECOND SCHEDULE.

FORMS.

THIRD SCHEDULE.

COSTS AND COUNSEL'S FEES.

APPENDIX.

REPEALS.

RULES OF THE CIRCUIT COURT OF JUSTICE.

The following Orders and Rules may be cited as " The Rules of the Circuit Court, 1950."

They shall come into operation on the 2nd day of October, 1950, and shall also apply, so far as may be practicable (unless otherwise expressly provided), to all proceedings taken on or after that day in all causes and matters then pending. The Orders and Rules mentioned in the Appendix hereto are hereby annulled, and the following Orders and Rules shall stand in lieu thereof.

INTERPRETATION OF TERMS.

1. " Action " means a civil proceeding commenced by Civil Bill.

2. " Cause " includes any action, suit or other original proceeding between a plaintiff and a defendant.

3. " County Registrar " means the Registrar in any County attached to the Court under the Court Officers Act, 1926 , and any Act amending or extending the same, and includes any deputy County Registrar and any person appointed to act as such Registrar.

4. " The Court " means the Circuit Court as established by the Principal Act.

5. " Days " when not expressed to be " clear days " shall be exclusive of the first and inclusive of the last of such days.

6. " Decree " means the order of the Court embodying its Judgment.

7. " Equity Suit " and " Equity Proceeding " shall include any proceedings of the nature set forth in Section 33 of the County Officers and Courts (Ireland) Act, 1877, or any Act extending or amending the same.

8. " The Judge " means a Judge of the Circuit Court or an Assistant or Deputy Judge of the Circuit Court.

9. " Judgment " means, as the context permits or requires, the decision or order of the Court or a Judge in any proceeding.

10. " Matter " includes every proceeding in the Court commenced otherwise than by Civil Bill.

11. " The Minister " means the Minister for Justice.

12. " Oath " includes solemn affirmation and statutory declaration.

13. " Office " or " the Office " means the Office of the Court in any County.

14. " Party " includes any person entitled to appear and be heard in relation to any action, application, suit or other proceeding.

15. " Person " includes a firm and a body corporate or politic.

16. " The Principal Act " means the Courts of Justice Act, 1924 (No. 10 of 1924), and, save where the context otherwise requires, shall be construed as referring to that Act as amended or extended by subsequent Acts.

17. " Solicitor " includes a firm of Solicitors or any partner therein.

18. " Suit " includes action.

19. " Originating document " includes every document by which proceedings in the Court are instituted.

ORDER 1. SITTINGS, LANGUAGE AND OFFICE HOURS.

Sittings.

Further Sittings

1. Sittings of the Court shall be held at the places within each Circuit set forth in the First Schedule to these Rules, and at such times as the Judge of such Circuit shall from time to time direct and appoint. Notice of such sittings in every County, save Dublin, shall be published in Iris Oifigiúil and in a newspaper circulating in the County, not later than two months before the date thereof ; provided that the Judge, or, in his absence, the County Registrar by his direction, may, whenever it is found impracticable to hold a sitting of the Court as published, notwithstanding anything contained in any public notice previously given, adjourn such sitting to such further date (at the same place) as he may think fit, on giving such notice as may in the circumstances be practicable; provided that in the event of the Judge at any scheduled place being of opinion that any cause, action or matter cannot, owing to the time allotted for the sittings, or for any other sufficient reason, be conveniently heard or disposed of at that sittings, it shall be lawful for such Judge, either with or without any application for that purpose, to adjourn the hearing of such cause, action or matter to some date to be fixed by him. This Rule is subject to the exercise by the President of the Circuit Court of the powers conferred upon him by Part III of the Courts of Justice Act, 1947 .

Vacation.

2. Save as is provided in the next following Rule with reference to the Dublin Circuit, no sittings of the Court shall be held during the months of August and September, which shall be observed as vacation.

Vacation sittings for the Dublin Circuit.

3. During the months of August and September a Judge of the Circuit Court shall sit in Dublin, on such dates as may be announced, to hear all such applications and cases for the Dublin Circuit as may require to be promptly heard.

Urgent applications within the Circuit, or urgent applications under Section 17 of the Courts of Justice Act, 1947 .

4. Applications of an urgent nature may be made to a Judge, during vacation or otherwise, at any time or place approved by him. Notice of intention to make any such application shall be given to the County Registrar, who shall submit the matter to the Judge for his directions.

Language.

5. Either the National language or the English language may be used in any Court document, or at the hearing of any cause or matter.

Office hours.

6. The Offices of the Court shall be open to the public for the transaction of business on every week-day between the hours of 10 a.m. and 4 p.m., with the exception of such days as may be proclaimed by lawful authority to be public holidays. The County Registrar may, however, direct that the Office under his control be closed at 1 p.m. on Saturday, or on whatever day is customarily observed as the weekly half-holiday in the town in which such Office is situated.

ORDER 2. VENUE.

Save when the High Court, or the Court, otherwise orders, all actions and matters, whether transferred from the High Court, or originated in the Court, shall be tried or heard :—"

(a) those relating to title to land, and rectification of the Register, in the County in which the lands in question are situate, or where are situate the lands out of which, or in respect of which, any incorporeal hereditaments in dispute issue or arise, or where the larger portion of any such lands may be situate ;

(b) those of the nature heretofore assigned to the equity side of the County Court, in the County where suits and matters of that kind have been heretofore heard by that Court ;

(c) under the probate jurisdiction and for administration of estates of deceased persons, in the County where the testator or intestate at the time of his death had a fixed place of abode ;

(d) under the lunacy jurisdiction, in the County where the person of, or alleged to be of, unsound mind ordinarily resides ;

(e) at the election of the plaintiff, in any action founded on contract (whether the claim be to enforce, rescind, dissolve or annul the contract, or for damages or other relief for the breach thereof), in the County within which the contract was made, or in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation ;

(f) at the election of the plaintiff, in any action founded on tort, in the County where the defendant or any one of the defendants ordinarily resides or carries on any profession, business or occupation, or in the County wherein the tort is alleged to have been committed ;

(g) in all other cases (subject to Rule 3, Order 54, relating to cases under the Rent Restrictions Act, 1946 ) in the County where the defendant, or any one of the defendants, ordinarily resides or carries on any profession, business or occupation.

ORDER 3. JUDGES' ROBES AND MODE OF ADDRESS TO THE JUDGES.

1. The Judges shall during the sittings of the Court wear: a black coat and vest of uniform nature and material, of the kind heretofore worn by Senior Counsel ; a black Irish poplin gown of uniform make ; white bands as heretofore worn ; and a wig of the kind known as the small or bobbed wig.

2. Every Judge shall be addressed in Court as " A Thiarna Bhreithimh " or as " My Lord ".

ORDER 4. COURT SEAL.

The Court shall have for use in each County an embossing Seal with an appropriate inscription, as directed by the Minister, specifying the name of the Circuit, and the County within the Circuit in connection with which it is to be used. Such Seal shall be placed and retained in the custody of the County Registrar. It shall not be necessary that any Decree, Order, Warrant or other document, shall be signed by the Judge, but all such documents shall be authenticated by the Seal of the Court impressed thereon and the signature of the County Registrar.

ORDER 5. COMMENCEMENT OF PROCEEDINGS.

Civil Bill.

1. Civil proceedings in the Court shall, unless otherwise provided by Statute or by these Rules, be instituted by the issue of a Civil Bill, which shall be in accordance with one of the Forms in the Schedule of Forms to these Rules, or such modification thereof as may be suitable.

Equity Civil Bill.

2. In every Equity suit the Civil Bill shall be headed " Equity Civil Bill ", and shall state such facts as may be necessary to show the jurisdiction of the Court.

Title Civil Bill.

3. Civil Bill Ejectments on the title and Civil Bills issued for the purpose of establishing questions of title to land, other than ejectments for overholding or for non-payment of rent, shall be headed " Title Jurisdiction " and shall contain such statement of the Poor Law Valuation or rent (as the case may be) as shall show jurisdiction. At the hearing of any such case the plaintiff may be required by the Judge to produce a map of the lands.

Description of Parties.

4. Subject to Order 7, the Civil Bill shall state :—

(a) the Christian name, surname, occupation and residence or place of business of the plaintiff, and, where the plaintiff is a female, whether married, widow or spinster ;

(b) the surname of the defendant, his residence or place of business, and, where known, his Christian name and his occupation, and, if the defendant is sued in a representative capacity, the capacity in which he is sued, and, where the defendant is a female, whether married, widow or spinster.

Time for Appearance.

5. The Civil Bill shall call upon the defendant to enter an appearance within a stated time after service (which shall not be less than ten days or other the time limited for appearance by any order of the Court) to answer the claim of the plaintiff, and shall warn him of the consequences of failure to do so.

Particulars to be given in Civil Bill.

6. Every Civil Bill shall be signed by the plaintiff, or by his Solicitor, and shall be endorsed with particulars of the plaintiff's demand :—

(a) stating the nature, extent and grounds thereof and the relief sought and, where it is a money claim, the amount thereof and the rate and amount of interest (if any) claimed. If, in the first instance, the plaintiff desires an account taken, that fact shall be stated, together with the specific amount (if any) which the plaintiff claims subject to that account ;

(b) where there is more than one claim, stating like particulars of each claim to those in paragraph (a), and the relief sought in respect of each ;

(c) stating the abandonment of any part of a claim, if the plaintiff desires abandonment in order to bring the claim within the jurisdiction ;

(d) where the plaintiff sues in a representative capacity, stating the capacity in which he sues ; and

(e) where the plaintiff sues as an assignee, stating the name, address and description of the assignor at the date of the assignment, and the date of such assignment.

Costs to be claimed in case of settlement before Entry.

7. Whenever the plaintiff's claim is for a debt or liquidated claim only, the endorsement, besides stating the nature of the claim, shall state the amount claimed for debt or in respect of such demand, and for costs, respectively, and shall further state that, upon payment of such amount and costs within six days after service, further proceedings will be stayed. The amount to be so claimed for costs in all such cases where there has not been any order for service of the Civil Bill, 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 any notice by advertisement of the issuing of the Civil Bill, shall be as follows :—

If the demand does not exceed £5 : 12/-.

If the demand exceeds £5 but does not exceed £25 : £1 12s. 0d.

If the demand exceeds £25 but does not exceed £50 : £2 2s. 0d.

If the demand exceeds £50 : £3 2s. 0d.

If there are more defendants than one, the above amounts may be increased by the sum of 3/- for each additional defendant served. Additional service fees may also be included where same are payable in accordance with Order 10, Rule 3.

Form of proceedings where not otherwise provided for.

8. Where, by any Statute not mentioned in these Rules, proceedings are authorised or directed to be taken in the Court, such proceedings shall be commenced by Civil Bill where the object of the proceedings is to obtain relief against any person, or to compel any person to do or abstain from doing any act. Where there is no person against whom an action can be brought, proceedings shall be commenced either by filing a petition or in accordance with the rules for the time being in force as to interlocutory applications.

Consent to enlarged jurisdiction.

9. The Consent prescribed by Section 48 (1) of the Principal Act, as amended by Section 26 of the Courts of Justice Act, 1936 , shall be in the form set forth in the Schedule of Forms hereto, and shall be lodged with the County Registrar either before or at any time during the hearing.

Where consent not signed.

10. Whenever an action or matter is instituted which the Court has not jurisdiction to try and determine, if the want of jurisdiction appears on the face of the originating document, the Court shall strike out the action or matter with costs, unless the Consent prescribed by Section 48 of the Principal Act has been signed.

ORDER 6. PARTIES.

Joinder of Plaintiffs.

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 transactions, 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 a motion on notice by any defendant, it shall appear that such joinder may embarrass or delay the trial, the Judge may order separate trials, or make such other order as may be right, and provided also that no person shall be made a plaintiff without his consent.

Joinder of Defendants

2. 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.

When 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.

It shall not be necessary that every defendant shall be interested as to all the relief sought, or as to every cause of action included in any proceeding against him ; but the Judge 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 has no interest.

Joint and several liability.

3. The plaintiff may, at his option, join as defendants 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.

Misjoinder and Non-joinder.

4. No cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Judge may in every cause or matter deal with the subject in controversy so far as regards the rights and interests of the parties actually before him. The Judge may, at any stage of the proceedings, either upon or without the application of any party, and on such terms as may appear to him to be just, order that the name of any party, whether plaintiff or defendant, who has been improperly joined, be struck out, and that the name of any person who ought to have been joined as a party, or whose presence before the Court may be necessary in order to enable the Judge to adjudicate upon and settle all the questions involved in the cause or matter, be added as a plaintiff or defendant. 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 consent in writing thereto. Every person whose name is so added as defendant shall be served with a Civil Bill or Notice in such manner as may be prescribed by any Order of the Court, and the proceeding, as against such party, shall be deemed to have begun only on the service of such Civil Bill or Notice.

Infant Plaintiff.

5. An infant may sue by his next friend, and in such case there shall be lodged with the Civil Bill a written authority authorising the commencement and prosecution of the suit on behalf of the infant and the use of the name of such person as next friend, signed by such person.

Infant Defendant.

6. An infant may defend by his guardian ad litem appointed for that purpose in accordance with Order 16 of these Rules.

Appointment by Court of next friend or guardian ad litem

7. When proceedings have been brought on behalf of or against an infant, the Court may appoint a next friend or guardian ad litem to act for or on behalf of such infant, and may change any next friend or guardian ad litem,and appoint another in his place, and may also direct that any money or other personal property to which such infant may be declared entitled in such proceedings be secured or invested for the benefit of such infant in such manner as the Judge shall consider advisable.

Persons of unsound mind.

8. A lunatic or person of unsound mind not so found by inquisition may sue by his committee or next friend, and may defend by the committee or by the guardian ad litem appointed for that purpose in accordance with Order 16 of these Rules, or by the Court.

Trustees and Executors.

9. 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 Judge 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.

Representative Plaintiffs or Defendants.

10. Save in actions founded on tort, when there are numerous persons having the same interest in one action or matter, one or more of such persons may sue or be sued, or may be authorised by the Judge to defend, in such action or matter, on behalf of or for the benefit of all persons so interested.

Defendant in proceedings for recovery of land.

11. Where proceedings are taken 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 Civil Bill shall be directed to such tenant, under-tenant, or other person, with the addition of the words " and all persons concerned ".

Appearance by person not named or served.

12. Where proceedings are taken as mentioned in the last preceding rule, any person not named in or served with the Civil Bill may by leave of the Judge appear and defend at the hearing, and the Judge may thereafter deal with such person, both as to costs and otherwise, as if he had originally been served with the Civil Bill as defendant.

Defendant outside the Circuit.

13. When any person residing outside the Circuit, but inside Ireland, is a necessary and proper party to a proceeding properly instituted in the Court against some person within the Circuit, such first mentioned person may be served with the Civil Bill or other document without special leave.

Notice Parties.

14. Subject to the requirements of Rule 9 of Section 66 of the Chancery (Ireland) Act, 1867, wherever, in any action for the administration of the estate of a deceased person, or for 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 affecting the rights or interests of persons not parties to the action, the Court may direct that any persons interested in the estate, or under the trusts, 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 said judgment or order.

ORDER 7. ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN.

Partners.

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 cases apply by notice of motion to the Court for a statement of the names, descriptions and places of residence 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.

Disclosure of names of Plaintiff Partners.

2. When a Civil Bill is issued by partners in the name of their firm, the plaintiffs or their solicitors shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names, descriptions and places of residence of all the persons constituting the firm on whose behalf the action is brought. If the plaintiffs or their solicitors 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 Judge 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 plaintiffs in the Civil Bill, but all proceedings shall, nevertheless, continue in the name of the firm.

Service on Firm.

3. Where persons are sued as partners in the name of their firm under Rule 1 of this Order, the Civil Bill shall be served either upon any one or more of the partners personally or at the principal place, within the jurisdiction, of the business of the partnership, upon any person having at the time of service the control or management of the partnership business there ; and, subject to these rules, such service shall be deemed good service on the firm so sued, whether any of the members thereof are out of the jurisdiction or not, and no leave to issue a Civil Bill against them shall be necessary ; provided that in the case of a partnership which has been dissolved to the knowledge of the plaintiff before the commencement of the action, the Civil Bill shall be served upon every person within the jurisdiction sought to be made liable.

Partners to appear individually

4. Where persons are sued as partners in the name of their firm, they shall appear individually in their own names ; but all subsequent proceedings shall, nevertheless, continue in the name of the firm.

Garnishee Order against Firm.

5. Debts owing by a firm carrying on business within the jurisdiction may be attached under Order 37, although one or more members of such firm may be resident abroad, provided that any person having the control or management of the partnership business, or any 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.

Actions between Firm and a Member.

6. The above Rules 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 Judge after motion on notice to the party so to be affected, and on an application for leave to issue such execution, all such accounts and inquiries may be directed to be taken and made and directions given as may be just.

Suing defendant by trade name.

7. 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 8. JOINDER OF CLAIMS.

Claims not inconsistent may be joined.

1. Save as in the next succeeding Rule provided, two or more claims may be made in one originating document, either alternatively or otherwise, so long as the claims are not mutually inconsistent or based upon inconsistent allegations of fact, but, if it appears to the Judge that claims joined in any action or matter cannot be conveniently tried together, he may order separate trials or may exclude any claim, and may order the record to be amended accordingly, and may make such order as to costs as may be just.

Joinder in action for recovery of land.

2. No claim may be joined with one for the recovery of land except in respect of mesne profits or arrears of rent, or double rent in connection therewith, or any part thereof, and damages for breach of any contract under which the land, or any part thereof, is held, or for any wrong or injury to the said land or any part thereof. An action for redemption, and a motion for delivery by a defendant of possession of mortgaged property therein, shall not be deemed a claim for the recovery of land within the meaning of this Rule.

ORDER 9. INDORSEMENT OF CLAIM.

Particulars in proceedings founded on bills or notes.

1. In proceedings on bills of exchange, promissory notes or other securities for money, the Civil Bill shall set forth the dates of the same respectively, the sums for which the same were respectively given, and the sums claimed to be due thereon for principal and interest, and the rate of such interest, the parties to the same respectively, and the dates when the same respectively became due and payable.

Particulars in rent cases.

2. In all proceedings for rent and for use and occupation of land, the Civil Bill shall state the amount claimed for rent or use and occupation and the period up to which the same is alleged to be due, the name of and the place in the town or townland and the county in which the land or tenements or part thereof are situate, and, when brought upon a lease or other instrument, the date thereof and the parties thereto.

Proceedings founded on other documents.

3. In all proceedings founded upon any written document not included in the two last preceding Rules, the Civil Bill shall state the date of the document and the parties thereto and, if for the payment of money, the amount claimed, or, if for the breach of any contract, the alleged breach or breaches of such contract.

Abandonment of excess over jurisdiction.

4. If a plaintiff, where the amount alleged to be due to him exceeds the jurisdiction of the Court, shall be satisfied to recover such sum as is within the jurisdiction, he shall state upon the face of the Civil Bill that he abandons all claim to any larger amount, and thereupon the Court may deal with the claim, and the decree (if any) made shall be in full satisfaction of the whole of the original demand.

ORDER 10. SERVICE AND ENTRY.

Issue of Civil Bill.

1. A Civil Bill shall be deemed to be issued when it is handed or posted to a Summons Server, or other authorised person, for service on a defendant or defendants, or on his or their Solicitor, who has undertaken in writing to accept service thereof and enter an appearance thereto, or when the appropriate Court Order referred to in Rules 9 and 17 of this Order is made.

Civil Bill to be stamped.

2. Every Civil Bill shall, before issue for service, bear stamps of the character and value prescribed by law and until so stamped shall have no effect or force whatsoever.

To be served by Summons Server.

Fixed service fee

3. Save as provided by Rules 9 and 17 of this Order, a copy of the Civil Bill or other originating document shall be served by one of the Officers duly appointed as Summons Servers by the County Registrar. A Summons Server or other authorised person shall not accept for service any document purporting to be a copy of a Civil Bill unless the original of such Civil Bill, duly stamped as prescribed by the last preceding Rule, be at the same time handed to him to be shown at the time of service to the defendant or other person to be served. The fee payable to such Summons Server or other authorised person shall be the sum of 5/- in respect of each separate service effected, but, where the Civil Bill is served upon two or more defendants residing in the same household, only one service fee shall be payable.

Service to be personal or at the defendant's residence.

4. Save where otherwise directed or permitted, service of a Civil Bill or other originating document shall be effected upon the defendant personally wherever he is to be found within the jurisdiction, or at the defendant's residence within the jurisdiction personally upon the husband or wife of the defendant, or upon some relative or employee of the defendant over the age of sixteen years and apparently resident there. At the time of service the original Civil Bill duly stamped shall be shown to the person served.

Summons Server to compare copies and indorse service on original.

5. Every Summons server, or other person duly authorised to effect service, shall compare the copies of the Civil Bills or other documents delivered to him for service with their respective originals and, prior to the service of such copies, shall indorse his name upon the same ; and, after he has effected service, shall within three days indorse his name upon each original, stating also the day of the week and date upon which, and the manner in which, and the place where such service was made, and the person, whether husband or wife or relative or employee, upon whom the same was served.

Authentication of service before Entry.

6. Save as provided in the following Rule, no Civil Bill or other document shall be entered or accepted in the Office unless the service of same shall be authenticated by affidavit or statutory declaration by the person serving same. Such affidavit or statutory declaration may be indorsed on the original document.

Averment of service on knowledge and belief.

7. Where personal service is prescribed and is alleged to have been effected, but the person who has made such service does not know of his own knowledge that the person served is the person named for personal service, he may make the affidavit or statutory declaration referred to in the preceding Rule, stating therein that same is true to the best of his knowledge and belief, but, in any such case, the Judge may on his own initiative or on the application of any person who is alleged to be affected by the said service require such further evidence thereof as he may think right.

Acceptance of service by Solicitor.

8. A Solicitor may undertake in writing to accept service of a Civil Bill and in such case service on such Solicitor shall be sufficient, provided that he shall at the time of service indorse on the original Civil Bill his acceptance of service thereof and his undertaking to enter an appearance thereto.

Substitution of service.

9. If it be made to appear to the Judge that the plaintiff is from any cause unable to effect prompt personal service, or such other service as is prescribed by these Rules, the Judge may make such order for substituted service, or for the substitution for service of notice by advertisement, or otherwise as may be just, and (save where service is allowed by advertisement), whenever any such order shall be made, a copy thereof shall be served along with the Civil Bill or other document, or such notice, and every such order shall state the time within which the defendant may enter an appearance or comply with the requirements of such order.

Application to substitute service.

10. Every application to the Court for an order for substituted or other service, or for the substitution of notice for service, shall be supported by an affidavit setting forth the grounds upon which the application is made.

Service deemed good.

11. In any case, the Judge may declare the service actually effected sufficient.

Service on infant defendant.

12. When an infant is a defendant to an action, service on his father or guardian, or, if none, then upon the person with whom the infant resides or under whose care he is, shall, unless the Judge otherwise orders, be deemed good service on the infant ; provided that the Judge may order that service made or to be made on the infant shall be deemed good service.

Service on lunatic or person of unsound mind.

13. When a lunatic or person of unsound mind not so found by inquisition is a defendant to an action, service on the Committee of the lunatic, or upon the person with whom the person of unsound mind resides, or under whose care he is, shall, unless the Judge orders otherwise, be deemed good service on the defendant.

Return of document after service.

14. A Summons Server, or other person duly authorised to effect service, shall, within four days after service, return the original document properly indorsed as prescribed by these Rules to the Solicitor or other person from whom the same was received.

Entry of Civil Bill.

15. The originals of all Civil Bills or other originating documents intended for entry or to be proceeded on shall be lodged at the Office within eight days after service, or of acceptance in writing of service by a Solicitor, with a request for entry, duly stamped where necessary.

Late Entry.

16. No Civil Bill or other originating document shall, without special leave granted by the Judge or by the County Registrar, be accepted at the Office for entry after the time specified in the last preceding Rule.

Service by person other than Summons Server.

17. In special circumstances and for good cause shown the Judge may permit service of any Civil Bill or other originating document to be effected by a person other than a Summons Server.

Dismissal of Civil Bill not entered.

18. When a Civil Bill or other originating document has not been entered within the time limited by these Rules, the defendant may, after the expiration of that time, apply to the Court by notice of motion to dismiss the proceeding with costs for want of prosecution, and on the hearing of such application the Judge may order the copy of the Civil Bill or other originating document served on the defendant to be entered on payment of the appropriate entry fee, and may order the proceeding to be dismissed accordingly, or may make such other order on such terms as to costs or otherwise as he shall think just.

Documents to which this Order refers.

19. In all cases where proceedings are commenced otherwise than by Civil Bill, the preceding Rules of this Order shall apply to the document by which such proceedings were originated as if it were a Civil Bill.

Service of documents for which no mode of service prescribed.

20. Any document, as to which no mode of service is prescribed by these Rules, may be served by delivering the same to the party or person on whom it is to be served personally, or by delivering the same at the residence or place of business of such person, or by sending the same by pre-paid post, addressed to such party or person at his last known residence or place of business.

Service on Solicitor.

21. Where a party or person acts by Solicitor, any document required to be delivered to or served upon such party may be delivered to or served upon such Solicitor, except in cases where by these Rules personal service upon a party is required ; and service of any such document upon such Solicitor, or delivery of the same at his office, or sending the same to him by prepaid post to such office shall be deemed to be good service upon the party or person for whom such Solicitor acts as upon the day when the same is so delivered or served, or upon which in the ordinary course of post it would be delivered.

ORDER 11. SERVICE OUT OF THE JURISDICTION.

Cases in which allowed.

1. Service out of the jurisdiction of a Civil Bill or other originating document, or notice thereof, may be allowed by the Court whenever :—

(a) 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

(b) 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

(c) any relief is sought against any person domiciled or ordinarily resident within the jurisdiction ; or

(d) the action is for the administration of the 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, and which ought to be executed according to the law of Ireland ; or

(e) 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

(f) the action 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

(g) the action is founded on a tort committed within the jurisdiction ; or

(h) 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

(i) 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

(j) the proceeding relates to an infant, lunatic or person of unsound mind domiciled in, or a citizen of, Ireland ; or

(k) the proceeding is an interpleader proceeding relating to property within the jurisdiction ; or

(l) the proceeding is for the appointment of an arbitrator or an umpire, or to remit, set aside or enforce an award in an arbitration held or to be held within the jurisdiction ; or

(m) 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, or delivery of possession by the mortgagee, but does not seek (unless and except so far as is permissible under sub-head (e) 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 property which on the death of an owner thereof intestate would form the subject matter of a grant of Letters of Administration to his estate out of the Principal Probate Registry ; the expression " mortgage " means a mortgage, charge or lien of any description ; the expression " mortgagee " means a person for the time being entitled to or interested in a mortgage ; and the expression " mortgagor " means a person for the time being entitled to or interested in property subject to a mortgage.

Good cause of action and proper to be tried in Ireland.

2. Every application for leave to serve a Civil Bill or other originating document or notice thereof on a defendant out of Ireland shall be supported by affidavit, 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 or person to be served is or probably may be found, and whether such defendant or person sought to be served is or is not a citizen of Ireland, and the grounds upon which the application is made ; and no such 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 Ireland under these Rules.

Parties may submit to jurisdiction, or agree as to the place and manner of service.

3. Notwithstanding anything contained in this Order, the parties to any contract may agree :—

(a) that the Court shall have jurisdiction to entertain any proceeding in respect of such contract ; and also, or in the alternative,

(b) that service of any document 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. Service of any such document 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 service wherever the parties are resident, and if no place, or mode or person be so specified or indicated, service out of the jurisdiction of such document may be ordered.

Probate cases.

4. In Probate actions service of a Civil Bill, or notice thereof, may by leave of the Court be allowed out of the jurisdiction.

Title of affidavit.

5. Applications under this Order shall be made before the issue of the document, and the affidavit to ground the same shall, when no proceeding is pending, be entitled as between the parties to the intended proceeding and " In the Matter of the Courts of Justice Acts, 1924-1949 ".

Time for appearance to be named in the Order.

6. Any order giving leave to effect service, or to give notice out of the jurisdiction, shall limit a time after such service or notice, within which the person to be served may enter an appearance, and such time shall depend on the place or country where or within which the document is to be served, or the notice given.

Where person to be served is not a citizen of Ireland.

7. Where the person to be served is not a citizen of Ireland, notice of the document, and not the document itself, shall be served upon him.

How notice in lieu of service is to be given.

8. Subject to the provisions of this Order, notice in lieu of service shall be given in the manner in which documents are required by these Rules to be served.

Copy of order must be served.

9. Whenever an order shall be made giving leave to serve a document or notice thereof on a person out of the jurisdiction, a copy of such order shall be served with the document or notice.

Order to apply to all proceedings.

In case of non-citizens, copies to be served save in case of Civil Bill.

10. This order shall apply to all proceedings, however instituted, and to any order or notice therein. Where the person to be served is not a citizen of Ireland, a copy of the originating document (other than a Civil Bill) or of the order or notice shall be served instead of the original, together with an intimation in writing that a proceeding in the form of the copy has been instituted, or an order in the terms of the copy made.

Additional powers.

11. 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 purporting to exercise jurisdiction over any person out of the jurisdiction, cause such person to be informed of the nature or existence of the proceedings, so that such person shall have an opportunity of claiming, opposing or otherwise intervening.

Discharge of order may be applied for.

12. Any person served with an originating document, or notice thereof, may apply to the Court on notice to discharge the order authorising service.

ORDER 12. APPEARANCE, DEFENCE, LODGMENT AND COUNTERCLAIM.

Service and entry of Appearance may be effected by post.

1. If a defendant intends to defend a Civil Bill or other proceeding, he shall enter an appearance in the Office in the prescribed form. Such form shall be lodged with or sent by post to the County Registrar so as to reach the Office before the expiration of the time limited for appearance, and a copy of such form shall at the same time be lodged with or sent by post to the plaintiff (if he sues in person) or his Solicitor.

Time for Appearance.

2. Save where otherwise provided by these Rules, the time for entering an appearance shall be ten days from the service of the Civil Bill or other originating document, exclusive of the day of service, unless the Court shall otherwise direct.

Appearance on behalf of defendant under disability.

3. Where no appearance has been entered, within the time allowed, to a Civil Bill, or other originating document, for a defendant who is an infant, or a person of unsound mind not so found by inquisition, the plaintiff shall, before further proceeding with the action against the said defendant, apply in the Office in the manner prescribed in Order 16 of these Rules, for an order that some proper person be assigned guardian ad litem of such defendant by whom he may appear and defend.

Service and entry of Defence.

4. A defendant who has entered an Appearance as aforesaid shall, within the further period of ten days thereafter, give or send by post to the plaintiff or his Solicitor and lodge with, or send by post to, the County Registrar a notice in writing in these Rules referred to as the Defence.

Defence.

5. The Defence shall state clearly the grounds upon which the defendant disputes the plaintiff's claim. Subject to the provisions of Order 57 no defence shall be admitted to defeat the claim or any part thereof unless, in the opinion of the Judge, it could fairly have been inferred from the particulars given in the Defence.

All defences in law or equity available.

6. Every defendant in ejectment proceedings shall be entitled to plead every defence which he may have at law or in equity.

Set off or Counterclaim.

7. 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 Judge to pronounce a final judgment in the same action, both on the original and on the counterclaim. But the Judge may, on the application of the plaintiff before trial, if in the opinion of the Judge 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.

Lodgment with plea of tender.

8. With a Defence setting up a tender before action, the sum of money alleged to have been tendered must be brought into Court.

Lodgment in satisfaction.

9. Any defendant may with his Defence lodge in Court an amount which he alleges is sufficient to satisfy the plaintiff's claim, and such lodgment may be with an admission or denial of liability. Where there is more than one claim or cause of action the defendant shall state in respect of which of them such lodgment is made.

Lodgment may be by document separate from Defence.

10. A defendant making a lodgment under the last preceding Rule may, at his option, intimate such fact by a document other than and in addition to his Defence, and in such event such document shall be kept by the County Registrar in a separate file and neither he nor any other person shall disclose the fact of such lodgment to the Judge until he shall have decided all issues between the parties save the liability for costs. Such document shall be in the form prescribed by these Rules, and shall be filed at the same time as the Defence, and a copy thereof served with the Defence.

Acceptance of Lodgment.

11. Save in the case of a lodgment with a defence of tender, the plaintiff, may within ten days after such lodgment as aforesaid, serve notice on the defendant that he accepts the amount lodged, which notice shall operate as a stay of all further proceedings and the settlement of the plaintiff's claim in respect of which the lodgment was made, save as to costs.

If the plaintiff is under legal disability, then, together with notice of acceptance of the amount lodged, he shall serve a notice of motion on the defendant to have such acceptance approved by the Court, and thereafter no further proceeding in the action shall be taken except by leave of the Judge, and, on the hearing of such notice of motion, the plaintiff may be declared entitled to such costs as the Court may consider just, whether such acceptance is approved or not by the Court.

Payment out after acceptance.

12. Where the plaintiff, not being under legal disability, accepts the amount lodged, payment thereof shall be made to him without the necessity for any decree or order by the Court, upon his lodging with the County Registrar a notice of acceptance of such amount in full satisfaction of the claim in respect of which the lodgment is made. Such notice shall be signed by the plaintiff.

Costs where lodgment accepted.

13. Where the plaintiff, not being under legal disability, accepts a lodgment under this Order, he shall be at liberty, in case his entire claim is thereby satisfied, to tax his costs after the expiration of four days from the service of notice of acceptance, unless the Judge shall otherwise order, and in case of non-payment of the costs within seven days after such taxation, to enter judgment for his costs so taxed.

Costs where lodgment not accepted.

14. If the plaintiff, not being under legal disability, does not accept the amount lodged within the time named, he shall be liable for all costs thereafter incurred on foot of the claim in respect of which the lodgment was made, unless he obtains judgment for a greater amount than that lodged, exclusive of costs. If any costs are awarded to a party under this rule, such costs shall be deducted from the amount lodged and shall be paid to the party who has made the lodgment before payment of the balance (if any) to the other party.

Non-disclosure of lodgment to Jury.

15. When a cause or matter is tried by a Judge with a Jury, no communication to the Jury shall be made either of the fact that money has been paid into Court or of the amount paid in. The Jury shall be required to find the amount of the debt or damages, as the case may be, without reference to any payment into Court.

Late entry of Appearance or Defence.

16. No Appearance or Defence shall be entered after the time specified in these Rules without the leave of the Judge or of the County Registrar, and no Defence shall be entered unless the defendant has previously entered an Appearance as required by these Rules.

No pleading after Defence.

17. No pleading subsequent to Defence, or Defence and Counterclaim, shall be allowed.

ORDER 13. SECURITY FOR COSTS.

Application for Security.

1. When a party shall require security for costs from another party, he shall be at liberty to apply by notice to such party for such security ; and in case the latter shall not, within seven days after service thereof, undertake by notice to comply therewith, the party requiring the security shall be at liberty to apply to the Court for such security by motion on notice grounded upon affidavit ; and every such application shall be made before the party seeking the security takes any step save entering an appearance in the cause or matter after his right to such security shall have arisen, unless the Judge shall, under special circumstances, otherwise order.

Plaintiff outside jurisdiction.

2. A defendant shall not be entitled to an order compelling the plaintiff to give security for costs solely on the ground that the plaintiff resides outside the jurisdiction of the Court.

Affidavit of merits.

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.

Security, how fixed.

4. In any action or matter in which security for costs is required, the security shall be of such amount and be given at such time or times, and in such manner and form, as the County Registrar shall direct, subject to an appeal to the Court.

Bond, to whom given.

5. Where a bond is to be given as security for costs, it shall, unless the Judge shall otherwise direct, be given to the party or person requiring the security, and not to an Officer of the Court.

ORDER 14. PARTICULARS AND FURTHER PARTICULARS IN CLAIM OR DEFENCE.

Running Accounts.

1. In all proceedings for the recovery of book or shop debts, or other running accounts, the plaintiff shall furnish full particulars of his demand within a reasonable period before, or at the time of, the service of the Civil Bill.

Parties may obtain copies of documents and inspect the originals.

2. A defendant, at any time after service of a Civil Bill upon him and before delivery of a Defence, or a plaintiff at any time after delivery of a Defence or Counterclaim, may apply to the other party by notice in writing for copies of all or any of the accounts or documents upon which the Action or Defence or Counterclaim is founded, and such copies shall be delivered within seven days after receipt of such notice on payment of the usual scrivenery charges.

The party delivering such copies shall forthwith, on notice in writing being given, allow the other party to inspect the originals of such accounts or documents as are in his possession or procurement.

Further particulars.

3. Any party to a proceeding may also, at the time specified in the last preceding Rule, by notice in writing require the other party to furnish such further information as is reasonably necessary as to any specified matters arising upon the claim in a Civil Bill or upon the Defence or Counterclaim.

Court may order particulars.

4. A further and better statement of the nature of the Claim or Defence or Counterclaim, 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, and the Judge may order, in a case of failure to comply with such order, that the Claim or Counterclaim shall be stayed or dismissed, or the Defence struck out.

Time for pleading after delivery of particulars under Order of the Court.

5. 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 particulars that he had at the date of the service of the notice of the application. Save as in these Rules provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time.

ORDER 15. COUNTY REGISTRAR.

Duties of County Registrar.

1. The County Registrar, within the County to which he is assigned, shall be the proper officer of the Court in respect of all its jurisdiction, and shall be responsible for the discharge of all duties imposed upon him or upon the Office, by Statute or otherwise, and for the safe custody of all documents and records of the Court. He shall cause to be kept such files and books of record, and in such form, as may from time to time be prescribed by the Minister.

County Registrar to take Accounts.

2. The County Registrar shall take and make all such accounts and inquiries as may be ordered by the Court, and shall certify the result thereof to the Court on completion and for this purpose he shall have all the powers of the Examiner in the High Court of Justice, and he shall issue such citations and subpoenas as are necessary to implement the jurisdiction of the Court.

Reference by County Registrar to Judge.

3. If any matter appears to the County Registrar proper for the decision of the Judge, the County Registrar may refer the same to the Judge who may either dispose of the matter or refer the same back to the County Registrar with such directions as he may think fit.

Advertisements.

4. The County Registrar shall have power to settle all necessary advertisements, and arrange for the insertion thereof in such publications as he shall think right.

Power to summon and examine Witnesses.

5. The County Registrar may summon to attend before him, and may examine on oath any party to any proceeding, or any witness whose attendance in connection with any of the duties or powers conferred upon him by statute, or otherwise, he may deem necessary.

Power to tax and measure Costs.

6. The County Registrar shall have power, when directed by the Judge or empowered by these Rules, to tax all Bills of Costs, including costs as between solicitor and client, and shall certify the amount properly due thereon. In any case in which there is no prescribed scale he may, if requested or if he considers it desirable, measure the costs by fixing a reasonable sum in respect of the entire Bill or any particular item therein.

Appeal from the County Registrar.

7. Any party dissatisfied with any certificate, ruling or decision of the County Registrar, may, within ten days from the date of such certificate, ruling or decision, apply to the Judge by motion on notice to review such certificate, ruling or decision, and the Judge may thereupon make such order as he shall think fit.

Investment of cash paid into Court.

8. In the absence of any order of the Court, or of a direction or request by a person entitled to make the same, as to the investment of sums of cash paid into Court, the County Registrar shall apply to the Judge for directions as to the investment thereof.

Adjournment of Court.

9. In the absence of the Judge the County Registrar shall have power to declare the Court adjourned for such period, or to such date, as may be necessary.

ORDER 16. SIDE-BAR APPLICATIONS.

Orders by County Registrar.

1. On lodgment of the appropriate documents and payment of the prescribed fees, application may be made in the Office in respect of the following matters, and orders may be made thereon by the County Registrar :—

(i) for the appointment of a guardian ad litem of an infant, or of a person of unsound mind not so found ;

(ii) for a plaintiff, lately a minor, to proceed in his own name ;

(iii) to proceed, notwithstanding the death of a party, his right surviving ;

(iv) to make a conditional order absolute on certificate of no cause.

ORDER 17. SITTINGS IN CHAMBERS AND INTERLOCUTORY APPLICATIONS.

Hearing in Chambers.

1. Applications which in the opinion of the Judge would be more conveniently and expeditiously disposed of in Chambers than in open Court may be made to and heard by the Judge in Chambers.

Exparte applications

2. Applications in connection with any of the matters hereinafter mentioned may be made to the Judge by any party, without notice to any other party, on lodging with the County Registrar an ex parte docket and filing an affidavit in support of the application.

The orders for which application may be made under this Rule are as follows :—

(a) the production of any deed ;

(b) the appointment of a receiver over lands or other property ;

(c) the possession, detention, preservation, or inspection of any property or thing ;

(d) security from any person for any moneys in his possession ;

(e) enforcing the deposit or payment into Court, pending litigation, of anything mentioned in (c) and (d) ;

(f) the sale of any goods, wares, or merchandise which may be of a perishable nature, or which the Court may think desirable to have sold at once, and the payment of the price into Court ;

(g) the taking of any accounts, or making of any inquiries, or directing or authorising of any other proceeding which the Judge may think proper for the purpose of the action or suit ;

(h) liberty to effect service in a special manner or for directions as to service, or to deem good any service already effected ;

(i) an ad interim injunction ;

(j) a conditional order of garnishee ;

(k) the appointment of a receiver by way of equitable execution ;

(l) service out of the jurisdiction ;

(m) receiving a consent and making the same a Rule of Court.

Orders may be absolute or conditional, or notice may be directed.

3. The orders which the Judge may make under the last preceding Rule may, save where the said Rule otherwise provides, be either absolute in the first instance, or conditional on no cause being shown to the contrary, and the Judge may in any particular case give such directions as he may think fit, or may order that notice of the application be given to any other party.

ORDER 18. DISCONTINUANCE.

Discontinuance without leave of the Court.

With leave of the Court.

1. The plaintiff may, at any time before the 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 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, and such discontinuance or withdrawal, as the case may be, shall not be a defence to any subsequent action. Save as in this order otherwise provided, it shall not be competent for the plaintiff to withdraw or discontinue the action without leave of the Judge, but the Judge 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 Judge may, in like manner, and with the like discretion as to terms, upon the application of the defendant, order the whole or any part of his alleged grounds of defence or counter-claim to be withdrawn or struck out, but it shall not be competent for a defendant to withdraw his Defence, or any part thereof, without such leave.

Withdrawing action by consent.

2. When an action, matter or proceeding has been entered for trial, it may be withdrawn by either plaintiff or defendant, upon producing to the County Registrar a consent in writing signed by the parties.

Judgment for costs.

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.

Staying second action till payment of costs.

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 Judge may order a stay of such subsequent action until such costs shall have been paid.

County Registrar to tax costs.

5. The County Registrar shall, on the application of the plaintiff or defendant, as the case may be, tax the costs referred to in the preceding Rules of this Order.

ORDER 19. CHANGE OF PARTIES.

No abatement by marriage, death or bankruptcy.

1. An action, proceeding or matter, shall not become abated by reason of the marriage, 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 the finding of the issues of fact and the judgment, or between the pronouncement and recording of the judgment or order, but the judgment or order may in such case be entered notwithstanding the death.

Continuance of action on death, marriage or bankruptcy.

2. In case of the marriage, death, or bankruptcy, or devolution of estate by operation of law, of any party to an action, proceeding or matter the Judge may, if it be deemed necessary for the complete settlement of 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, and on such terms as the Judge shall think just, and the Judge shall make such order for the disposal of the action, proceeding, or matter, as may be just.

Continuance on assignment, or devolution of estate.

3. In case of an assignment, creation, or devolution of any estate or title pendente lite, the action, proceeding, or matter, may be continued by or against the person to, or upon whom, such estate or title has come or devolved.

Order continuing action.

4. Where, by reason of marriage, death, or bankruptcy, or any other event occurring after the commencement of an action, proceeding 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 action, proceeding, 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.

Service and effect of Order.

5. An order obtained as in the last preceding Rule 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 the next two following Rules, be binding on the person served therewith, and every person served therewith who is not already a party to the action, proceeding, 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 the originating document.

Discharge of Order where no disability.

6. Where any person who is not under disability, or who although under disability, has a guardian ad litem in the action, proceeding, or matter, shall be served with such order as in Rule 4 of this Order mentioned, such person may apply to the Court to discharge or vary such order at any time within twelve days from the service thereof.

Discharge of Order where disability.

7. Where any person being under disability, and not having a guardian ad litem in the action, proceeding, or matter, is served with any order as in Rule 4 of this Order 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.

Failure to proceed.

8. Where the plaintiff or defendant in an action, proceeding, 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 action, proceeding or matter, may be continued) may apply by motion on notice 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 or an order made in favour of the defendant, or, as the case may be, for or in favour of the person against whom the action, proceeding, or matter, might have been continued.

ORDER 20. EVIDENCE.

Evidence to be given orally unless otherwise agreed or ordered.

1. In the absence of any agreement in writing between the Solicitors for all parties, and subject to these Rules and the law of evidence, the witnesses at the trial of any action shall be examined viva voce on oath and in open Court, but the Judge may at any time for such reasons as he thinks right order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as the Judge may think reasonable, provided that where it appears to the Judge that the other party 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.

Documents to be marked and returned.

2. Documents put in evidence shall be marked by an officer of the Court and, unless the Judge otherwise directs, shall be returned to the party tendering the same as soon as possible after the hearing.

Evidence may be taken on Commission in exceptional cases.

3. In any action, proceeding, or matter, where it shall appear necessary for the purposes of justice, an order may be made for the examination upon oath before the Court, or before any officer in the Office and nominated by the County Registrar, or by the Judge, or before any other suitable person, and at any convenient place, of any witness or person, and the order may empower any party to any such action, proceeding, or matter, to give such examination or deposition in evidence therein on such terms. if any, as the Judge may direct.

ORDER 21. ATTENDANCE OF WITNESSES.

Attendance of witnesses may be procured by Summons.

1. Any party desiring the attendance of any person to give evidence or to produce any books, papers or documents to the Court, or to an officer of the Court, shall apply for, and the County Registrar shall issue, a witness summons requiring the person to whom the summons is directed to comply with the requirements thereof at the time and place stated therein.

Court may order issue of Summons.

2. In any case of difficulty as regards the issue of such summons, application may be made to the Court for the issue of the same, and on such application the Judge may direct the issue thereof, or otherwise deal with the matter as to him shall seem just.

Service of Summons

3. Service of such summons shall in all cases be personal upon the person named therein unless the Judge shall order otherwise. If it shall appear that the person served was not given reasonable time to enable him to appear in pursuance of the summons, or that his reasonable expenses have not been paid or offered to him, the Judge may set aside or disregard such service.

Number of witnesses in one Summons.

4. Every witness summons, other than a summons duces tecum, may be directed to, and served upon, more than one person.

Attendance of Court Officer.

5. Any Officer of the Court required to attend with any record or document at any sitting or place outside the County in which he is serving as such officer, 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 charges and expenses in respect of such attendance, and undertake to pay any further just charges and expenses which may not be fully answered by such deposit.

Penalty for failure to comply with witness summons.

6. If any person having been duly summoned to give evidence or to produce any books, papers or documents in his possession or under his control, which the party requiring his attendance desires to put in evidence, fails without lawful excuse to attend or to give evidence or to produce such books, papers or documents according to the summons, or, unless duly excused, fails to remain in attendance throughout the hearing, the Court, if satisfied that such person has been duly summoned, and that his reasonable expenses have been tendered to him, may attach him for contempt, or may impose upon him a fine not exceeding £10 (ten pounds) for his default, and sentence him in default of payment to imprisonment for a period not exceeding one month.

Power of Court to remit fine or imprisonment.

How fine may be applied.

7. The Court may, on cause shown, remit the whole or any part of any fine or imprisonment which it may have imposed under the last preceding Rule, or may order that the amount of any fine so imposed, or any part thereof, be paid to either party in respect of the costs and expenses of any postponement or adjournment rendered necessary by the default of such witness as aforesaid.

ORDER 22. AFFIDAVITS.

Affidavits to be made before a Commissioner.

1. All affidavits shall be made before the County Registrar, or a Commissioner to administer oaths for the High Court, or, where the person making an affidavit resides outside Ireland, or is for the time being thereout, before any person duly authorised to administer oaths in the country where such person ordinarily resides or is.

Form of affidavit.

2. All affidavits shall be written or printed book-wise ; shall be expressed in the first person of the deponent ; shall be drawn up in numbered paragraphs ; and shall be entitled in the action or matter in which they are sworn.

Description of deponent.

3. All affidavits shall state the deponent's occupation, quality and place of residence, and if the deponent shall be over twenty-one years of age he shall so state, and if under such age shall state his exact age. All affidavits shall be confined to such facts as the deponent is able to prove of his own knowledge, and shall state his means of knowledge thereof, except on interlocutory motions, on which statements by the deponent as to his belief, with the grounds thereof, may be admitted.

Affidavit not to be sworn before party's solicitor or Agent.

4. 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 the partner, agent, correspondent or clerk of such Solicitor, or before the party himself.

Place and date of swearing to be given in jurat.

5. Every person taking an affidavit, a declaration, or the acknowledgment of any deed or recognizance—

(a) shall express the date upon which and the place where he takes such affidavit, declaration or acknowledgment ; otherwise the same shall not be held authentic nor be admitted to be filed without the leave of the Judge ;

Deponent to be identified by Commissioner.

(b) shall certify in the jurat either that he himself knows the deponent, or knows some person named in the jurat who certifies his knowledge of the deponent ;

Requirements where deponent is illiterate or blind.

(c) shall certify therein, when such affidavit, declaration, acknowledgment or recognizance is sworn or made by any person who appears to be illiterate or blind, that such affidavit, declaration, acknowledgment or recognizance was read in his presence to the deponent, that the deponent appeared to understand it, and that the deponent made his signature or mark in his presence. No such affidavit, declaration, acknowledgment or recognizance shall be used in evidence in the absence of this certificate unless the Judge is otherwise satisfied that the same was read over to, and appeared to be understood by the deponent.

Footnote.

6. There shall be on every affidavit a footnote showing on whose behalf it is filed, and the person by whom it is filed and his address, and no affidavit shall be filed or used without such note unless the Judge shall otherwise direct.

No erasures, interlineations or alterations.

7. No affidavit having in the jurat or body thereof any interlineation, alteration, or erasure, shall without leave of the Judge be filed, read, or made use of in any proceeding depending 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.

Power of Judge to receive defective affidavit.

8. The Judge may receive any affidavit sworn for the purpose of being used in any action 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 shall in that event direct a memorandum to be made on the document that it has been so received.

Filing of affidavits.

9. Before any affidavit is used it shall be filed in the Office, but this Rule shall not hinder the Judge from making an order upon the undertaking of the applicant or his Solicitor to file any affidavit sworn before the making of such order, or permitted by the Judge to be made after such order, provided that the Judge may stay the issue of such order until such affidavit shall have been filed.

Memorandum by County Registrar of date of filing.

10. Every affidavit which is filed shall have indorsed thereon by the County Registrar a memorandum of the date on which the same was filed, and when so indorsed it shall be taken for all purposes to have been duly filed on the date so indorsed thereon.

Where time for filing limited.

11. Where a special time is limited for delivering or filing affidavits, no affidavit delivered or filed after that time shall be used unless by leave of the Judge.

Initialling of alterations in accounts.

12. Every alteration in an account verified by affidavit shall be marked with the initials of the person before whom the affidavit is sworn, and such alteration shall not be made by erasure.

Exhibits.

13. Documents identified by or referred to in an affidavit shall not be annexed thereto, but shall be referred to therein as exhibits.

Short title to be marked on exhibits.

14. 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 action or matter.

Affidavits or declarations of service.

15. (1) Affidavits or declarations 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 (subject to Order 10, Rule 7) state that the deponent was at the time of such delivery acquainted with the appearance of such person ;

Averment in actions to recover land for non-payment of rent or for overholding.

(2) Affidavits or declarations of service of a Civil Bill in actions for the recovery of land for non-payment of rent or for overholding shall state that the deponent or declarant does not know of any person other than those who have been served who is in the actual possession of the land sought to be recovered, or any part thereof, as tenant or under-tenant ;

Averment in other actions for recovery of land.

(3) Affidavits or declarations of service of a Civil Bill in other actions for the recovery of land shall state that the deponent or declarant 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 the receipt of the rents and profits of the lands sought to be recovered, or any part thereof. Such statement shall be verified by the affidavit of the Solicitor for the plaintiff, or of one of the persons by whom he was instructed to institute the proceedings, or if the plaintiff is not represented by a Solicitor, by the affidavit of the plaintiff.

Costs of prolix affidavits.

16. The costs of every affidavit which shall unnecessarily set forth matters of hearsay, or which shall contain argumentative matter, or which shall be prolix, shall be borne by the party filing the same.

ORDER 23. JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY OF GOODS AND CHATTELS.

Judgment in Office in default of Appearance or Defence.

1. Where the plaintiff's claim in a Civil Bill is for a debt, or liquidated demand, or for the delivery of specific goods or chattels, and a defendant has not entered an Appearance within the time limited in the Civil Bill, or, having entered an Appearance, has not served and filed a Defence within the time limited by these Rules, the plaintiff may, in default of such Appearance or Defence, as the case may be, apply in the Office for judgment to be entered against such defendant.

Necessary proofs on application in Office for default judgment.

2. An application under the provisions of Rule 1 of this Order shall be supported by :—

(a) an affidavit or statutory declaration of service of the Civil Bill, or of service of notice thereof, as the case may be ; and

(b) if the application be for judgment in default of Appearance, a certificate by the County Registrar that no Appearance has been entered, or, if the application be for judgment in default of Defence, a certificate by the County Registrar that an Appearance has been entered but that a Defence has not been filed ; and

(c) an affidavit verifying the plaintiff's claim made by the plaintiff, or by some other person on his behalf who can swear positively to the facts ; and

(d) a certificate by the plaintiff where he sues in person, or, where he does not, then by his Solicitor, specifying the amount then actually due, or certifying that the goods or chattels in respect of which the judgment is sought are still withheld by the defendant as the case may be, and, in the case of judgment in default of Defence, that no Defence has been served.

Statutory certificate in case of claim by Minister or Government Department.

3. Where the claim is by the Minister of a Government Department, or the Land Commission, or the Commissioners of Public Works, the same may be verified, and the sum then actually due, or the fact that the goods are still withheld, as the case may be, may be proved by any certificate under seal which is by statute made evidence of the matters therein certified instead of by affidavit as is provided in the last preceding Rule.

Affidavit or Certificate to be made or given not earlier than fourteen days before application.

4. The affidavit verifying the plaintiff's claim specified in Rule 2 shall be sworn, and the certificate specified in Rule 3 shall be given, within the period of fourteen days next preceding the date of the application for judgment, otherwise the same shall not be sufficient.

Entry of judgment with costs.

5. On lodgment in the Office of the documents specified in Rules 2 and 3, together with a duly stamped request for judgment in accordance with the appropriate form in the Schedule of Forms, judgment may be entered in the Office for the sum so certified to be then actually due, or for the amount claimed in the Civil Bill, whichever be the less, or for the delivery of the goods or chattels, as the case may be, together with costs according to the appropriate scale.

Judgment against one of two or more defendants.

6. Where there are two or more defendants, and any one has made default in entering an Appearance, or filing a Defence, as the case may be, the plaintiff may, in accordance with the provisions of this Order, have judgment against such defendant entered in the Office, and may issue execution against such defendant, without prejudice to his right to proceed with the action against any other defendant who may have entered an Appearance or filed a Defence, as the case may be.

Costs.

7. The costs to be allowed in cases of judgment by default shall be as set forth in the scale in the Third Schedule.

ORDER 24. JUDGMENT BY DEFAULT IN CASES NOT COMING WITHIN THE PRECEDING ORDER.

Motion for judgment.

1. In any case in which the plaintiff is not entitled under the provisions of the preceding Order to apply for judgment, and a defendant has made default in entering an Appearance or filing a Defence, as the case may be, the plaintiff may at any time after such default, on notice to be served upon such defendant, not less than four clear days before the hearing, apply to the Court for judgment.

Judgment or leave to defend.

2. Upon the hearing of such application the Judge may, on proof of such default as aforesaid, and upon hearing such evidence, oral or otherwise, as may be adduced, give judgment upon the plaintiff's claim endorsed upon the Civil Bill, or may give leave to the defendant to defend the whole or part of the claim upon such terms as he may consider just.

Costs.

3. Upon the hearing of an application for judgment under this Order the Judge may make such order as to costs as he may consider just.

ORDER 25. SUMMARY JUDGMENT.

Application to the Court for Summary Judgment after Appearance.

1. Where the plaintiff's claim in a Civil Bill is :—

(a) for a debt or liquidated demand in money, or

(b) for the delivery of a chattel or specific goods in an action for detinue, or

(c) for the enforcement, performance or carrying out of a trust, or

(d) for ejectment, with or without a claim for rent or mesne profits,

and a defendant has entered an Appearance or Defence, the plaintiff may apply to the Court for summary judgment against such defendant in accordance with the provisions of this Order.

This Order to apply to all Ejectments.

2. This Order shall apply to all actions of ejectment whether or not the relationship of landlord and tenant has ever existed between the parties, and whether or not the Civil Bill is brought specifically upon the title.

Application to be on notice to defendant, and supported by affidavit.

3. An application for summary judgment under this Order shall be made on notice to be served upon the defendant not less than four clear days before the hearing thereof. Such application shall be supported by an affidavit made by the plaintiff, or by some other person on his behalf who can swear positively to the facts verifying the plaintiff's claim, and stating that in the deponent's belief the defendant has not a bona fide defence to the plaintiff's claim, and that the Appearance and the Defence (if any), have been entered solely for the purpose of delay. Such affidavit shall be served upon the defendant with the notice of application.

Evidence on the application.

4. Upon the hearing of such application no party shall have the right to adduce any evidence otherwise than by affidavit, and the plaintiff shall be limited to the affidavit specified in Rule, 3 of this Order ; provided always that the Judge may require or permit any party to produce further evidence. Such further evidence may be given orally or on affidavit as the Judge may require or permit.

Judgment in default of prima facie defence, or payment into Court.

5. Upon the hearing of such application judgment may be ordered to be entered for the plaintiff unless the defendant :—

(a) satisfies the Judge that prima facie he has a good defence to the plaintiff's claim, or

(b) pays into Court to abide the result of the action such sum as may be deemed sufficient to entitle him to defend.

Judgment may be for part of Claim.

6. 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 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 staying execution, the payment of costs, or otherwise as the Judge may order ; and the defendant may be allowed to defend as to the residue of the plaintiff's claim.

Powers of Court on hearing of the application.

7. Where the Judge does not order judgment to be entered for the plaintiff he may :—

(a) dismiss the application, or

(b) give the defendant leave to defend unconditionally, or subject to such terms as to giving security, or as to the time and mode of trial, or otherwise, as he may think fit, or

(c) with the consent of all parties, treat the hearing of the application as the trial of the action, and dispose of the same in a summary manner.

Judgment against one of two or more defendants.

8. If it appears to the Judge that any defendant ought to be allowed to defend the action, and that any other defendant ought not be allowed to defend, the former may be allowed to defend, and the Judge may order judgment to be entered for the plaintiff against the latter, and the plaintiff may issue execution upon such judgment without prejudice to his right to proceed with the action against the former.

Costs.

9. Upon the hearing of an application for summary judgment the Judge may make such order as to costs as he may consider just.

ORDER 26. JUDGMENT BY CONSENT IN THE OFFICE.

Consent to judgment.

1. A defendant may, in accordance with the provisions of this Order, at any stage of the proceedings, consent to judgment being entered against him. In all cases other than those for which provision is made by the following rules of this Order judgment by consent shall be entered only by order of the Court.

When may be given.

2. Judgment by consent without reference to the Court may be entered in the Office only where :—

(a) all the parties to the consent are sui juris, and

(b) the consent is to judgment for ejectment, rent, mesne profits, debt, damages for breach of contract or in tort, or for the delivery of specific goods or chattels, and

(c) the consent is to judgment upon the plaintiff's claim without terms or conditions other than terms or conditions as to stay of execution or payment by instalments.

Reservation of issues.

3. A consent may be to judgment determining only the issue of a defendant's liability upon the plaintiff's claim, or part thereof. and reserving the right to have all other issues and matters determined by the Court.

Must be in writing and signature verified.

4. No consent to judgment shall be sufficient unless it is in writing, and signed by the defendant so consenting, and by a Solicitor, if represented by a Solicitor. On lodgment in the Office of such consent, together with an affidavit verifying the execution thereof by the consenting defendant, judgment may be entered in the Office against such defendant in the terms of the consent without reference to the Court.

Consent may be to one or more causes of action.

5. Where the plaintiff's Civil Bill includes claims in respect of two or more separate or distinct causes of action a defendant may, in accordance with the provisions of this Order, consent to judgment in respect of any one claim, and appear and defend in respect of any other.

Consent may be to portion of the claim.

6. Where the plaintiff's Civil Bill includes a claim for a debt or liquidated demand in money, or for the delivery of specific goods or chattels, a defendant may in accordance with the provisions of this Order, consent to judgment in respect of portion of such debt, demand or goods, as the case may be, and appear and defend as to the remainder.

County Registrar may refer to Court.

7. The County Registrar may in any case refuse to enter judgment by consent in the Office, and in any such case he shall refer the matter to the Court.

Counterclaims.

8. The provisions of this Order shall, with the necessary modifications, apply to counterclaims.

ORDER 27. REVIEW OF JUDGMENTS.

Review of default judgment to be on notice Lodgment in Court necessary to stay of proceedings.

1. Any party against whom a judgment in default of appearance or defence has been given may, not later than ten days after he has knowledge thereof, serve a notice of motion to vary or set aside the said judgment, but service of the notice of motion shall not operate as a stay of proceedings in the action unless the defendant lodges in Court at the time of filing the notice the amount for which the judgment was given and costs.

Notice of Motion to state reasons for claiming review.

2. Every such notice shall set forth clearly and briefly the reasons why the party applying did not enter an appearance or defence, as the case may be, the nature of the fraud, misrepresentation, surprise or mistake relied upon, and the grounds of defence to the action in which the said judgment was given.

Costs to be lodged with motion.

3. Save by special leave of the Judge, no such motion shall be heard until the party applying has paid into Court to abide the directions of the Court, the costs awarded against him by such judgment, and such further sum, if any, as security for costs of the motion as the Judge shall consider just.

Power of Judge to vary, or set aside, and to give directions.

4. The Judge may, on the hearing of any such motion, vary or set aside the judgment in question, upon terms as to costs or otherwise, including lodgment in Court of the amount of such judgment, or any part thereof, and may give such directions and such extensions of time as may be necessary in regard to the further conduct of the action, proceeding or matter. The Judge may also make such order as he may consider just in regard to moneys paid into Court by the defendant.

ORDER 28. ADMISSIONS.

Notice to admit documents

1. Any party may call upon any 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 document 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 Judge 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 certified by the Judge to have been a saving of expense.

Notice to admit facts.

2. Any party may, by notice in writing, at any time not later than nine days before the day for which notice of trial has been given, call on any other party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice. And in case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the Judge, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Judge certifies that the refusal to admit was reasonable, or unless the Judge shall at any time otherwise order or direct. Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice. Provided also that the Judge may at any time allow any party to amend or withdraw any admission so made on such terms as may be just ; and provided further that all such costs and expenses as in the opinion of the Judge have been caused by the omission of any party to serve such notice as aforesaid shall, whatever the result of the cause, matter or issue may be, unless the Judge shall otherwise order, be paid by the party omitting to serve such notice.

Admissions to be in writing.

3. Any admissions, if not made during the hearing, shall be in writing, and shall be signed by the party making the same, or by his Solicitor.

ORDER 29. DISCOVERY OF DOCUMENTS.

Application for Discovery.

1. Any party may apply to the Court by notice of motion to be served not less than four clear days before the hearing thereof, for an order directing any other party to any proceeding 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 Judge may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the proceeding, 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 he may think fit.

Form of Affidavit

2. The affidavit to be made by a party against whom such order as is mentioned in the last preceding Rule has been made shall specify which, if any, of the documents therein mentioned he objects to produce and it shall be in the form in the Schedule of Forms hereto with such variations as circumstances may require.

Production of documents.

3. It shall be lawful for the Judge at any time during the pendency of any cause or matter to 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 Judge shall think right ; and the Judge may deal with such documents, when produced, in such manner as he shall think just.

Notice to produce for inspection.

4. Every party to a cause or matter shall be entitled at any time, by notice in writing, to give notice to any party, in whose pleading or affidavit 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 him or them to take copies thereof ; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such cause or matter, unless he shall satisfy the Judge 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 Judge shall deem sufficient for not complying with such notice ; in which case the Judge may allow the same to be put in evidence on such terms as to costs and otherwise as he shall think fit.

Order of Court for inspection.

5. If the parties served with notice under Rule 4 omit to give notice of a time for inspection, or object to give inspection, the Judge may, on the application of the party desiring it, make an order for inspection at such time and in such place and in such manner as he thinks right. Such application shall be made by motion on notice to be served not later than 4 clear days before the hearing thereof and founded upon an affidavit showing of what documents inspection is sought and that they are in the possession or power of the other party.

Failure to comply with Order.

6. If any party fails to comply with any order 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.

Costs of discovery.

7. In every cause or matter, the costs of discovery shall, unless otherwise ordered by the Judge, 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 Judge.

Infants and Guardians.

8. This order shall apply to infant plaintiffs and defendants, and to their next friends and guardians ad litem.

ORDER 30. TRIAL.

Notice of Trial to be served after Defence.

1. When a Defence has been duly entered, the plaintiff may, after the service thereof, serve notice of trial.

Service and filing of Notice of Trial other than in the Dublin Circuit.

2. Not less than ten days' notice of trial shall be served upon the defendant and all other necessary parties, and shall be for the Sittings next ensuing after the expiration of the time mentioned in the said notice, and same shall be filed at the Office not later than seven days before the opening of such Sittings. Such notice of trial and filing thereof shall operate to set down the action or matter (including counterclaim if any) for hearing at the said next ensuing Sittings. This Rule shall not apply to the Dublin Circuit.

Service and filing of Notice of Trial in the Dublin Circuit.

3. This Rule shall apply only to the Dublin Circuit. Ten days' notice of trial shall be necessary and sufficient, and shall be served upon the defendant and all other necessary parties, and filed at the Office. Such notice of trial and filing thereof shall operate to set down the action or matter (including a counterclaim if any) for hearing upon any day after the expiration of the time mentioned in such notice upon which the trial may come on in its order in the list.

When defendant may serve Notice of Trial.

4. Where the plaintiff has failed to serve notice of trial within ten days after the service and entry of the Defence the defendant may do so and may file the same in accordance with these Rules.

Dismissal for want of prosecution.

5. If the plaintiff, in any action other than a probate action, does not within six weeks after the service and entry of the Defence serve notice of trial, the defendant may, in lieu of serving notice of trial in accordance with the preceding Rule, apply to the Court to dismiss the action for want of prosecution, and on the hearing of such application the Judge may order the action to be dismissed accordingly, and may make such other order, and on such terms, as to him may seem just.

Trial of two or more actions together.

6. The Judge, if he considers it desirable, may order that two or more actions be tried together, and on such terms as to costs as he shall deem just.

Counterclaim may be proceeded with as a separate action.

7. A counterclaim may be proceeded with separately, and, if so proceeded with, shall be treated as an action irrespective of whether the original proceeding in which the counterclaim was made is withdrawn, stayed, discontinued or dismissed.

How trial with a Jury to be obtained.

8. In all cases in which the parties are entitled under section 94 of the Principal Act to have questions of fact tried by a jury, either party may by notice in writing to be served upon the opposite party and also upon the County Registrar and the Sheriff, require that the cause or matter be tried with a jury. Such notice shall be served at least twenty-one days before the commencement of the Sittings during which jurors will be required to be in attendance in the Court. Upon receipt of such notice it shall be the duty of the Sheriff to summon the jury. In other cases under the said section application for trial with a jury may be made to the Court by either party on four clear days' notice to the opposite party.

Attendance of witness during the trial.

9. In any proceeding, a witness who is not a party may be ordered by the Judge to leave the Court until his evidence is required, or after his evidence has been given, or to remain in Court after his evidence has been given until the trial is terminated or adjourned.

Judgment where more than one plaintiff or defendant.

10. Judgment may be given for one or more plaintiffs, and against or in favour of one or more defendants.

Postponing trial.

11. The Judge may, if he think it expedient in the interests of justice, postpone or adjourn a trial for such time, and upon such terms, if any, as he shall think fit.

Non-appearance of defendant.

12. If, when a case is called in Court, 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.

Non-appearance of plaintiff.

13. If, when a case is called in Court, the defendant appears, and the plaintiff does not appear, the defendant, if he has no counterclaim, shall be entitled to judgment dismissing the action, but if he has a counterclaim, then he may prove such counterclaim so far as the burden of proof lies upon him.

Payment by instalments when ordered.

14. The Judge on pronouncing any judgment or making any order (or at any subsequent time on notice being given to the opposite party), may order the time or times when, and by what instalments, the debt or damages and costs of the judgment, or the amount stated in the order and the costs shall be paid, provided that if such order for instalments shall be made on pronouncing any judgment or making any order, no order for execution shall issue against the defendant until after default of payment of some instalment according to such order. The Judge may also stay execution on foot of any decree or order for such period and on such terms as he shall think just.

ORDER 31. ORDER AS TO TRIAL OF SEPARATE ISSUES.

Preliminary question of law.

1. If it appear to the Judge 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, the Judge 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 Judge may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed.

Trial of different questions.

2. The Judge 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.

ORDER 32. TRANSFER OF ACTIONS.

Lodgment of pleadings in actions transferred from the High Court.

1. Whenever the High Court shall transfer any action or proceeding to the Court, the plaintiff shall lodge with the County Registrar, within fourteen days from the date of the order for transfer, the summons and all pleadings, orders, and all documents already delivered or made, and thenceforward the action or proceeding shall be taken and heard in the Court as if it had been originally commenced therein, and the costs of the action or proceeding up to the date of the order for transfer shall be determined by the Judge unless the order of transfer shall otherwise direct.

In case of neglect by the Plaintiff the Defendant may lodge copies.

2. Where in any case of transfer in the last preceding rule mentioned, the plaintiff shall have omitted or refused to lodge the documents in the said rule prescribed, the defendant may, at any time after the time limited in the said rule, lodge the said documents or a certified copy of the order for transfer, and copies of the other documents verified by affidavit, and thereupon the action shall proceed as in the last preceding rule prescribed.

Notice of lodgment to be given.

3. The party lodging the said documents as in the two last preceding rules provided, shall within fourteen days of such lodgment file and serve on the other party a notice that the said documents have been lodged with the County Registrar.

Transfer to High Court and costs.

4. When any action or proceeding shall be sent forward or transferred to the High Court from the Court, the County Registrar shall transmit to the proper Officer of the High Court the file in the action or proceeding.

ORDER 33. EXECUTION.

Execution Order for payment of money.

1. Any judgment or order for the payment of money shall be enforced at the request of the party prosecuting such judgment or order by an execution order issued under the seal of the Court in Form 21 of the Schedule of Forms.

Execution Order for possession of land.

2. Any judgment or order for the recovery of or for the delivery of possession of land, whether made in an action of ejectment or in any other action or matter, may be enforced by an order for possession issued under the Seal of the Court in Form 23 of the Schedule of Forms.

Proof of disobedience to order for possession of land in cases other than Ejectment.

3. When, in any proceeding other than an ejectment, an order is made for the recovery or for the delivery of possession of land to any person, an execution order for possession shall not be issued by the County Registrar without evidence (by affidavit or declaration) of service of the order and disobedience thereto.

Other Execution Orders.

4. 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 an execution order by way of attachment or committal.

Orders against Corporations.

5. Any judgment or order against a corporation wilfully disobeyed may, by leave of the Judge, be enforced by an execution order by way of attachment or committal against the directors or other officers thereof, or any of them.

Execution for possession of property other than money or land.

6. Where a judgment or order is for the recovery of any property other than money or land, the Judge may order, upon the motion of the plaintiff or other person entitled to prosecute such judgment or order, that in default of delivery an execution order shall issue for the delivery of the property without giving the defendant the option of retaining the same upon payment of the value assessed, if any, and that if the property cannot be found, and unless the Judge otherwise orders, distraint shall be made on all the goods, chattels and lands of the defendant until the property has been delivered, or, at the option of the plaintiff, that the Sheriff or Court Messenger shall cause to be levied on the defendant's goods the assessed value, if any, of the property.

Directions of Court in case of difficulty.

7. If any difficulty arise in or about the execution or enforcement of any judgment or order other than a judgment or order for the recovery or payment of money, any party interested may apply to the Court, and the Judge may make such order thereon for the attendance and examination of any party or otherwise as he may think just.

Judgment against firm how executed.

8. Where a judgment or order is against a firm, execution may issue :

(a) against any property of the partnership within the jurisdiction ;

(b) against any person who has appeared in his own name under Rule 4 of Order 7 and has failed to deliver a defence, or who has admitted on the pleadings that he is, or who has been adjudged to be, a partner.

Where liability disputed.

If the person 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 on notice to such last-named person for leave so to do ; and the Judge 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 any 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 Civil Bill was issued, and who has not entered an appearance unless he has been made a party to the action under Order 6, or has been served within the jurisdiction after the Civil Bill was issued.

Decree in force for 12 years.

When notice for renewal of execution order necessary

9. Every decree of the Court, and every judgment in default of appearance or defence, shall be in full force and effect for a period of twelve years from the date thereof, and an execution order based on any such decree or judgment may be issued in the Office within the said period, but not after the expiration of six years from the date of such decree or judgment without leave of the Court. An application for such leave shall be made by motion on notice to the party sought to be made liable.

Execution where change of parties by death or otherwise.

10. If, at any time during the said period of twelve years, any change has taken place, by death, assignment or otherwise, in the parties entitled or liable to execution, the party claiming to be so entitled may apply to the Court on notice for leave to issue execution, and the original decree or judgment may be amended so as to give effect to any order made by the Court on the application.

Order enforceable as a judgment.

11. Every order of the Court in any cause may be enforced in the same manner as a judgment to the same effect.

Execution Order in force for one year only.

12. An order for execution if unsatisfied shall remain in force for one year only from and exclusive of the date of its issue.

Renewal of Execution Order in Office.

13. An execution order may, on the application of the party entitled thereto, be renewed in the Office at any time during the currency of the decree or judgment in respect of which it was originally issued for the period of not more than one year from the date of such renewal, provided that the said decree or judgment be in full force and effect for the period for which the said execution order is so renewed. The fact of the renewal of any such order shall be indorsed thereon and the order shall be re-sealed. An order for execution so renewed shall have effect and be entitled to priority according to the time marked thereon as the date of its original issue.

Applications for renewal to be supported by affidavit.

14. A person seeking renewal of an order for execution shall make and file an affidavit averring that he is entitled to such renewal and setting out all credits, if any, to which the person liable to such execution is entitled and, where the judgment, decree or order sought to be enforced is for payment of money, the amount then due on foot thereof.

Destruction or loss of Execution Order.

15. Where an execution order has been destroyed or lost the party entitled to execution may apply to the Court for a re-issue of the said order, and thereupon the Judge may order such re-issue.

Where change in parties affects several decrees, only one application need be made.

16. Where any change has taken place by death, assignment. or otherwise, in the parties entitled or liable to execution, and a party alleges himself to be entitled by reason of one and the same change or other cause to enforce the judgments or orders in more actions or matters than one, or to enforce a judgment or order against more persons than one, he may make one application for leave to issue the necessary process in all or any of such actions or matters, or against all or any of such persons, specifying in a schedule to such application all the actions or matters in respect of which such application is made, and one order only may be made on such application in respect of all or any of such actions or matters, or all or any of such persons, and, in serving notice of any such order on any person affected thereby it shall be sufficient to set forth such part only of the order as affects such person without setting forth the rest of such order.

Execution Order to be endorsed with name and address of Solicitor.

17. Every order for execution shall be indorsed with the name and place of business of the Solicitor actually suing out the same, and, if no Solicitor shall be employed to sue out the order, then it shall be indorsed with a memorandum expressing that the same has been sued out by the party in person, mentioning the place of residence and postal address of such party.

Execution Order issued only on requisition.

18. No execution order shall be issued until the party desirous of issuing the same, or his Solicitor, shall have lodged a requisition therefor, giving the title of the proceedings, the date of the judgment, and of the order (if any) giving leave to issue execution, and the names and description of the parties against whom, or of the firm against whose goods the execution order is to be issued.

Contents of Execution Order. Interest from date of lodgment.

19. Every execution order for the recovery of money shall contain a direction to the Sheriff to levy the money due and payable, and sought to be recovered under the judgment or order of the Court, stating the amount so as to distinguish any sum stated to have been paid and that remaining due, and the costs awarded, and the amount of the costs for issuing the execution order, and also to levy interest on the money due and payable, if sought to be recovered, at the rate of four per cent. per annum from the time when the judgment or order of the Court was entered or made, unless the judgment or order of the Court otherwise directs.

Execution Orders concurrently in different counties.

20. Orders for execution against goods may be issued concurrently in more than one County, provided that the costs of more than one order on foot of the same judgment shall not be allowed against the execution debtor unless by order of the Judge.

No Execution Order from Office pending operation of a Committal Order.

21. Where a notice of motion for committal has been served, or an order of committal has been made against a debtor, and is outstanding, an order for execution against the goods of the debtor shall not be issued in the same proceeding except by leave of the Judge, and on such terms as he may impose.

When Execution Order may be withdrawn.

22. An order for execution may at any time, on payment of the prescribed fees payable to the Sheriff, be withdrawn or suspended by notice to the Sheriff by the party or person who has sued out the same.

Receipts to be given by Court Messengers.

23. Whenever any money is levied or paid to a Court Messenger under any execution order or other process, the Court Messenger shall give a receipt for the same in accordance with the form prescribed in the Schedule of Forms.

Separate execution orders for relief and for costs if desired.

24. The plaintiff or other party applying for execution may obtain separate execution orders for the relief granted under any decree or order and for the costs thereof.

Indorsement on Judgment or Order requiring an act to be done.

25. 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 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 herein limited, you will be liable to process of execution for the purpose of compelling you to obey the said judgment (or order)."

Enforcement of mandatory orders and injunctions.

26. If a mandatory order, injunction, or judgment for the specific performance of any contract be not complied with, the Judge, in addition to or in lieu 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 by 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 Judge may direct, and execution may issue for the amount so ascertained, and for such sum, if any, for costs as the Judge may award.

Sheriff's fees to be printed on Execution Order.

27. On every execution order there shall be printed, either at the foot or on the back thereof, a true copy of the schedule of fees payable to the Sheriff for execution, in accordance with any order for the time being in force in regard to the execution orders of the Court.

ORDER 34. PROBATE ACTIONS.

Testamentary Civil Bill.

1. Any person desirous of taking proceedings in the Court for the purpose of obtaining a grant, or revocation of a grant, of Probate or Letters of Administration shall issue a Civil Bill in the form prescribed in the Schedule of Forms. Such Civil Bill shall be headed with the words " Testamentary Civil Bill."

Character in which Plaintiff claims must be shown.

2. In any such action the indorsement shall show whether the plaintiff claims as creditor, executor, administrator, residuary legatee, legatee, next-of-kin, heir-at-law, devisee, or in what other character.

Caveator to be defendant.

3. Where any person shall have lodged a caveat against the grant of Probate or Letters of Administration, and proceedings are taken to obtain such a grant, that person shall be a defendant.

Parties in revocation suits.

4. In proceedings for the revocation of Probate or Letters of Administration, the person applying for such revocation shall be plaintiff, and the person to whom such grant has been made shall be a defendant.

Adding parties.

5. If upon the hearing of any Probate action it shall appear to the Judge that any person or persons not already a plaintiff or defendant therein ought to be made a party or parties to the suit, he may adjourn the proceedings and direct that such person or persons shall be made parties thereto by amendment of the Civil Bill.

Appearance at hearing by next-of-kin or beneficiary.

6. Any of the next-of-kin of any alleged testator or intestate, or any beneficiary of any alleged testator, may appear at the hearing of any Probate action although he may not have been made a party to the same or served therein.

Counterclaim.

7. In any Probate action any defendant may propound a will by way of counterclaim.

Propounding wills in the alternative.

8. Any party may rely on wills alternatively in his pleadings.

Affidavit of scripts.

9. In Probate actions the plaintiff and defendant, within eight days of the entry of an appearance on the part of the defendant, shall respectively file affidavits as to scripts, whether they have or have not any script in their possession. Such affidavits shall be in the form in the Schedule of Forms with such variations as circumstances may require.

Scripts to be specified and deposited.

10. Every script in the custody or under the control of the party making the affidavit shall be annexed thereto, and deposited therewith in the office.

Inspection of Scripts.

11. No party to the cause, or 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.

Affidavit to be filed before issue of Civil Bill.

12. The issue of a Testamentary Civil Bill shall be preceded by the filing of an affidavit made by the plaintiff, or, if more than one plaintiff, then by one of them, verifying the claim, and specifying the names and residences of the next-of-kin, and of such persons as may be entitled under an intestacy to any interest in the assets of the alleged testator or intestate in the said Civil Bill named. With such affidavit there shall be lodged also a certified copy of the affidavit as to jurisdiction required to be lodged in the Principal or District Registry pursuant to Section 61 of the Probate and Letters of Administration Act (Ireland), 1857.

Limiting defence.

13. 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 Judge shall be of opinion that there was no reasonable ground for opposing the will.

ORDER 35. EJECTMENTS.

Description of property.

1. In all actions for the recovery of land the Civil Bill shall contain a sufficient description of the property sought to be recovered, and the place wherein the same is situate.

Particulars required in ejectment Civil Bill for non-payment of rent or overholding.

2. In every ejectment for non-payment of rent or overholding, the Civil Bill shall specify the names of the landlord or lessor, and tenant or tenants, respectively, the nature of the tenancy, and the rent at which the same shall be then or shall have been last holden, and in cases where the proceedings shall be grounded upon the tenancy having determined, the fact of the determination of such tenancy and the means by which the same shall have been determined, and in cases where the proceedings shall be grounded upon the non-payment of rent, the amount of the rent due after all fair and just allowances, specifying up to what gale day the same is due.

Persons to be served.

3. In ejectment proceedings for non-payment of rent or for overholding, it shall not be necessary to serve the Civil Bill upon any person other than the person or persons in actual possession of the lands, or any part thereof, as tenant or under-tenant, but in all other actions for the recovery of land every person in the actual possession, or in receipt of the rents and profits, of the lands, or any part thereof, shall be served, unless the Court shall otherwise direct.

Service in case of vacant possession.

4. Service of the Civil Bill in any action for the recovery of land may, in case of vacant possession, when it cannot otherwise be effected, be made by posting a copy of the Civil Bill upon the door of the dwellinghouse or some other conspicuous part of the property ; provided, however, that in such cases before judgment for possession shall be given, the Judge shall be satisfied that there was no person in actual possession, or in receipt of the rents or profits, upon whom other service might have been effected.

Execution in ejectment for non-payment of rent may be prevented by payment or tender and lodgment of rent, arrears and costs.

5. The defendant in any ejectment for non-payment of rent, or any person having a specific interest in the contract of tenancy, may at any time before the decree for possession shall have been executed, pay to the plaintiff, or his Solicitor, all rent and arrears of rent due at the time of the service of the Civil Bill, and a sum sufficient to cover the plaintiff's costs, or may tender the same, and, in case such tender be refused, may lodge the same in Court and give notice to the plaintiff or his Solicitor of such lodgment, and thereupon the Judge may order all further proceedings to be stayed upon payment of such costs incurred up to the date of tender as he may deem reasonable, and the money so lodged, or a sufficient part thereof, shall be paid over to the plaintiff or his Solicitor.

Court may order payment of costs by one or more of several defendants.

6. The Judge, upon pronouncing a decree in any ejectment where there shall be more than one defendant, may order that the costs of such ejectment shall be paid by one or more of such defendants and not by the other or others of them.

Execution in ejectment for non-payment of rent may be stayed by payment of arrears of rent, costs and expenses.

7. Upon every execution order for possession in ejectment for non-payment of rent, there shall be a statement of the amount then due for rent and costs. If at any time after the delivery to the Sheriff of such order, but before execution, the defendant pays to the Sheriff the sum so stated for rent and costs, and the amount of expenses properly incurred by the Sheriff for the purpose of executing such order, the Sheriff shall thereupon stay execution.

Restitution order within six months on payment of arrears of rent and costs.

8. After execution in the case of ejectment for non-payment of rent the Court may grant an order of restitution, or give any other relief in equity, on the application of the defendant or any other person having a specific interest in the contract of tenancy, and on the payment to the plaintiff or the lodgment in Court of the amount due for rent, arrears of rent and costs, within six months after the execution as provided by Secs. 70 and 71 of the " Landlord and Tenant Law Amendment Act (Ireland), 1860."

ORDER 36. ATTACHMENT AND COMMITTAL.

Leave to issue.

1. No order of attachment shall be issued without the leave of the Court, to be applied for on notice to the party against whom the attachment is sought to be issued.

Order to whom directed.

2. Every order of attachment or committal for contempt of Court shall be directed to the Superintendent of the Gárda Síochána for the district in which the party to be attached or committed resides, or may be found, or to such other member of the Gárda Síochána as the Court may direct.

Enforcement of Orders of Court.

3. If the person bound by any order of the Court, other than a judgment for the payment of money, fails to comply with its terms, the party entitled to the benefit of such order may serve a notice requiring the person so bound to attend the Court on a day and at an hour to be named in such notice to show cause why he should not be committed for his contempt in neglecting to obey such order. The said notice shall be served personally in all cases unless the Court for good cause shall order otherwise.

Lodgment of Committal Order.

4. The party at whose instance an order for attachment or committal has been obtained shall lodge it with the proper officer for execution.

Discharge of Attachment or Committal Order.

5. Any person in custody under any order for attachment or committal may apply to the Court for his discharge, on giving notice to the party at whose instance he has been committed of his intention so to apply.

ORDER 37. ATTACHMENT OF DEBTS BY GARNISHEE.

Garnishee Order.

1. The Court may, on 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, and upon affidavit by himself or his Solicitor, stating that the 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 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.

Against Firm.

In this rule " any other person " shall include a firm, an 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.

Service or notice of order and effect thereof.

2. Service of such order upon the garnishee, or notice thereof given to him in such manner as the Court shall direct, shall bind such debts in his hands.

Execution against Garnishee.

3. If the garnishee does not forthwith pay into Court the amount due from him to the debtor liable under a judgment or order, 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 Judge may order execution to issue, and it may issue accordingly, without any previous notice, 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.

Issue where liability disputed.

4. If the garnishee disputes his liability, the Judge, 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 questions in an action may be tried or determined.

Claim of third person.

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 Judge may order such third person to appear and state the nature and particulars of his claim upon such debt.

Claim of third person how disposed of.

6. After hearing any third person under such order as in Rule 5 mentioned, and 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 Judge may order execution to issue 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, and of 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 the Judge 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 he shall think just.

Discharge of Garnishee.

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 debtor liable under a judgment or order to the amount paid or levied, although such proceeding may be set aside or the judgment or order reversed.

Debt attachment book.

8. The County Registrar shall keep a debt attachment book ; and in such book entries shall be made of the attachment and proceedings thereon, with names, dates, and statements of the amount recovered, and otherwise ; and copies of any entries made therein may be taken by any person upon application to the County Registrar.

Costs.

9. 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 Judge, 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 in priority to the amount of the judgment debt.

Limitation of attachment of salary or wages.

10. If the sum attached is shown to be due in respect of salary or wages and the Judge is satisfied that its attachment, in whole or in part, will not leave a sufficient amount to the judgment debtor to maintain himself and those dependent upon him, the order may be set aside, or may be varied so as to apply only to the balance of such wages or salary after deduction of an amount sufficient in the opinion of the Judge for the maintenance of the debtor and his dependants.

Debtor may apply to set aside a garnishee order.

11. After a sum has been attached in the hands of a garnishee the debtor may, if he have good and sufficient cause for so doing, apply to the Court to discharge the garnishee order, and the Judge may vary or discharge the said order if he shall consider that such cause has been shown.

ORDER 38. RECEIVER BY WAY OF EQUITABLE EXECUTION.

When receiver may be appointed.

1. In every case in which an application is made for the appointment of a receiver by way of equitable execution the Judge, in determining whether it is just or convenient that such appointment should be made, shall have regard to the amount of the judgment held by the applicant, to the amount which may probably be obtained by the receiver, and to the probable costs and expenses of and incidental to his appointment, and may direct any inquiries on these or other matters before making the appointment. The order shall be made upon such terms as to costs and otherwise as the Judge may direct, including the entry into security by the receiver in appropriate cases.

How application made.

2. The order may be made on an ex parte application. The affidavit in support thereof shall conform to the requirements of Rule 1 of the last preceding Order, save that it shall suffice for the plaintiff to show that he has reason to believe that a sum of money, but not necessarily a debt, is held by or about to be paid by some other person to or on behalf of the judgment debtor, and that the said judgment debtor has a beneficial interest therein.

Order to be absolute subject to right to set aside.

3. Where an order is made by the Court appointing a receiver by way of equitable execution the order shall be absolute, subject to the right of the judgment debtor, or other person affected thereby, to apply to the Court to discharge the said order, and on such application the Judge may vary or discharge the said order as he thinks right.

Continuing order may be made.

4. An order appointing a receiver by way of equitable execution may be limited to a single sum, or may cover several sums, or a series of continuing periodical payments in which the judgment debtor is beneficially interested.

ORDER 39. INTERPLEADER.

Relief by interpleader when granted.

1. Relief by way of interpleader may be granted :—

(a) 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 ;

(b) where the applicant is a Sheriff, or other officer charged with the execution of process by or under the authority of the 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.

What applicant must prove.

2. The applicant must satisfy the Court by affidavit or otherwise :—

(a) that the applicant claims no interest in the subject-matter in dispute, other than for charges or costs ; and

(b) that the applicant does not collude with any of the claimants ; and

(c) that the applicant is willing to pay or transfer the subject-matter into Court or to dispose of it as the Judge may direct.

Applicant not disentitled because of adverse titles.

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.

When defendant may apply.

4. Where the applicant is a defendant, application for relief may be made at any time after service of the Civil Bill.

How application made.

5. The applicant may issue a summons in the form in the Schedule of Forms hereto calling on the claimants to appear and state the nature and particulars of their claims and either to maintain or relinquish them.

Stay of Proceedings.

6. If the application is made by a defendant in an action the Judge may stay all further proceedings in the action.

Where claimant appears.

7. If the claimants appear in pursuance of the summons, the Judge 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.

Summary decision.

8. The Judge may, with the consent of both claimants, decide their claims in a summary manner, and on such terms as may be just.

Question of law.

9. Where the question is a question of law, and the facts are not in dispute, the Judge may decide the question without directing the trial of an issue.

When claim barred.

10. If a claimant, having been duly served with a summons calling on him to appear and maintain or relinquish his claim, does not appear in pursuance of the summons, or, having appeared, neglects or refuses to comply with any order made after his appearance, the Judge may make an order declaring him and all persons claiming under him, forever barred against the applicant and persons claiming under him, but the order shall not affect the rights of the claimants as between themselves.

When judgment final.

11. Except where otherwise provided by statute, the judgment in any action or any issue ordered to be tried or stated in an interpleader proceeding, and the decision of the Judge in a summary way under Rule 8 of this Order, shall be final and conclusive against the claimants and all persons claiming under them.

Order for Sale of goods or chattels.

12. Where goods or chattels have been seized in execution by a sheriff, or other officer charged with the execution of process of the 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 judge may order the sale of the whole or part thereof, and direct the application of the proceeds of sale in such manner and upon such terms as may be just.

Rules as to discovery to apply.

13. The rules applicable to discovery shall, with the necessary modifications, apply to interpleader proceedings.

Costs.

14. The Judge 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.

Procedure by Sheriff where goods claimed.

15. A claim made to or in respect of any goods or chattels taken or about to be taken in execution under the process of the Court shall be in writing. On the receipt of the claim the Sheriff or such other officer shall forthwith give notice thereof to the execution creditor in the form in the Schedule of Forms hereto, or to the like effect, and the execution creditor shall, within four days after receiving the notice, give notice to the Sheriff or such other officer that he admits or disputes the claim, in the form in the said Schedule, or to the like effect. 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.

When Sheriff may interplead.

16. Where the execution creditor does not in due time, as directed by the last preceding rule, 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 such officer, the Sheriff or such officer may issue an interpleader summons, and should the claimant withdraw his claim by notice in writing to the Sheriff or such officer, or the execution creditor in like manner serve an admission of the title of the claimant prior to the return day of such summons, and at the same time give notice of such admission to the claimant, the Judge may in and for the purposes of the interpleader proceedings, make all such orders as to costs, fees, charges and expenses as may be just.

ORDER 40. WORKMEN'S COMPENSATION ACTS.

1. Subject to the amendments made by Rules 2, 3 and 4 of this Order, the Rules and Forms entitled " Circuit Court (Workmen's Compensation) Rules, 1942," bearing date the 25th day of October, 1941, and any Rules substituted in whole or in part therefor shall apply to all proceedings under the Workmen's Compensation Acts.

2. The sum of £25 shall be substituted for the sum of £20 mentioned in Order 51, Rule 7, of the above-mentioned Rules of 1942.

3. Scale 10, Section F, of the above-mentioned Rules of 1942 shall be amended by deleting therefrom the words " Such fee not exceeding £15 as the County Registrar may allow ", and by substituting therefor the words " Such fee as the County Registrar may allow having regard to the work necessarily performed ".

4. Scale 11 (Counsel's fees) of the above-mentioned Rules of 1942 is hereby revoked, and in lieu thereof the Scale of Fees appearing in the Fourth Schedule hereto shall apply.

ORDER 41. BANKRUPTCY.

The Rules prescribed by the Order in Council made under the " Local Bankruptcy (Ireland) Act, 1888 ", and any rules substituted in whole or in part therefor for the exercise of jurisdiction under the said Act, the practice and mode of procedure, the forms to be used, the fees, costs and charges to be payable to Counsel and Solicitors in the Local Bankruptcy Courts, and all powers, authorities, control and duties of the several Officers of the said Courts, and all matters and things in connection therewith, shall apply to the " Cork Local Bankruptcy Court ", and to any local Bankruptcy Courts which may be established hereafter, save that the headings for the forms given in the Schedule of Forms shall be substituted for, or added to the headings as the case may be, of the forms prescribed by the said Order in Council.

ORDER 42. INTOXICATING LIQUOR LICENCES.

Place of application.

1. Every application in respect of an Excise licence for the sale of intoxicating liquor shall be made at the Sittings of the Court held in the town nearest to the premises to which the application relates, and in the county in which such premises are situate.

Notice and particulars.

2. Every such application shall be preceded by a notice signed by the applicant stating his intention to apply to the Court for a certificate to enable him to obtain an excise licence to sell intoxicating liquor for consumption on the premises, and setting forth the situation and place of the house, as well in respect to the road or highway on or adjacent to which it lies, or otherwise in a true and particular manner specifying the town, townland, and if in a city or town, the street, square, lane, or other description of place, together with the number of such house, if such house shall have been numbered, and also the place of abode of such person, and further stating the Sitting of the Court at which the application is to be made.

Act to be stated.

3. Every such notice shall state at the head thereof the Act and Section of The act under which the application is intended to be made.

Persons to be served with notice.

4. Such notice shall be served upon :—

(i) the Officer in charge of the Gárda Síochána of the District (a) in which the applicant resides, and, (b) in which the premises are situate ;

(ii) the Justice of the District Court within whose district the premises are situate ; and

(iii) the County Registrar for the County in which the premises are situate.

Length of notice.

5. Save in the Dublin Circuit, such notice shall be served at least twenty-one days before the first day of the Sitting of the Court at which the application is to be made.

Dublin Circuit.

In the Dublin Circuit, such notice shall be served at least twenty-one days before the day upon which such application is intended to be made, and shall operate to set down the application for hearing upon any day after the expiration of the said time upon which the application may come on for hearing in its order in the list.

Publication of notice.

Dublin Circuit.

6. Save in the Dublin Circuit, such notice shall, not more than four and not less than two weeks before the first day of the Sitting for which notice of hearing of the application has been given, be advertised in a newspaper circulating in the place in which such premises are situate, and a copy of such newspaper shall be lodged with the County Registrar immediately upon its issue. In the Dublin Circuit, such notice shall be advertised and lodged with the County Registrar in like manner as above provided in the case of the other Circuits, but such advertisement shall be made not more than four and not less than two weeks before the date mentioned in such notice as the date upon which the application is intended to be made.

Filing by County Registrar.

7. The County Registrar shall file all notices served upon him, and the advertisements in all newspapers lodged with him, in connection with such applications.

Map or plan necessary.

8. On the hearing of the application the applicant shall produce a map or plan of the premises.

ORDER 43. APPEALS FROM THE DISTRICT COURT.

Documents which are to be transmitted to County Registrar by Clerk of District Court

1. When an appeal is taken from any decision of the District Court in accordance with the Rules of that Court, the Clerk of such Court shall transmit to the County Registrar :—

(I) In civil cases :—

(a) the original Summons, Civil Bill or other document by which the proceedings have been instituted ;

(b) the original notice of appeal ;

(c) the original or statutory declaration of service of the notice of appeal ;

(d) the recognizance (if any) ;

(II) in criminal cases :—

(a) a certified copy of the conviction or order ;

(b) the original notice of appeal ;

(c) the depositions (if any) ;

(d) the statement of the accused in writing (if any) ; and

(e) the recognizance (if any) ;

(III) in licensing cases :—

a certified copy of the Certificate or Order of the Justice from which the appeal is taken.

Hearing to be at the Town nearest to the District Court.

2. The hearing shall take place at the Sitting which is held in the nearest town in the Circuit to the Courthouse at which the decision appealed from was given, unless the Judge shall otherwise order.

Production of original Order.

3. The original decree or dismiss shall be produced to the Court on the hearing of the appeal by the party to whom such decree or dismiss has been issued.

Costs where appeals are not prosecuted.

4. If an appeal is not prosecuted, the Judge may order the party appealing to pay to the party receiving notice of appeal such costs and expenses as to the Judge shall seem just.

In criminal cases Court may direct issue of warrant.

5. Whenever an appeal in a criminal case from a Justice of the District Court to a Judge of the Circuit Court shall not have been prosecuted, or the original Order shall have been confirmed or varied upon appeal, or either party shall upon appeal have been ordered to pay a specified sum for costs, the Judge may direct the issue by the County Registrar of all warrants necessary and proper for the execution of the original Order or of such varied Order and to enforce the payment of such costs.

Power of Court to detain in criminal cases pending issue of warrant.

6. Where the Order of the Justice of the District Court, as confirmed or varied on appeal, directs the imprisonment of any person the Judge may, upon confirming or varying the said Order, or at any time before the issue of a warrant by a Justice of the District Court, or by the County Registrar, for the execution of such Order so varied or confirmed, direct that such person be taken into custody forthwith, or detained in custody, and imprisoned pending the issue of such warrant.

Enforcement of Order made on Appeal.

7. In cases in which jurisdiction has been conferred upon the District Court by paragraph A of Section 77 of the Principal Act, the Court may issue the instrument necessary to enforce its decision, or may allow the same to be issued by the District Court in accordance with Section 23 of the Courts of Justice (District Court) Act, 1946 .

County Registrar to certify.

8. The County Registrar shall certify to the Clerk of the District Court from which the appeal was taken the purport of every order made by the Court on appeal.

ORDER 44. APPEALS TO THE COURT OF CRIMINAL APPEAL.

Appeals in all cases tried on indictment.

1. The application for a Certificate required by Section 63 of the Principal Act shall be made to the Court immediately on the termination of a trial or within three days thereof.

ORDER 45. SALES.

Court may order sale of lands.

1. If, in any action or matter relating to land, it shall appear necessary or expedient that the land, or any part thereof, shall be sold, the Court may order the same to be sold, and any party bound by the order and in possession of the land, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser, or to such other person as the Court may direct.

How sale may be carried out and proceeds dealt with.

2. In all cases where a sale, mortgage, partition or exchange is ordered, the Court, in addition to the powers already existing, shall have power to authorise the same to be carried out :

(a) by laying proposals before the Court for its sanction ; or

(b) by proceedings out of Court, and any moneys produced thereby shall be paid into Court, or to trustees, or otherwise dealt with as the Court may order ;

provided always that the Judge shall not authorise a sale out of Court unless and until he is satisfied that all persons interested in the lands to be sold, mortgaged, partitioned or exchanged, are before the Court, or are bound by the order for sale, mortgage, partition, or exchange.

Who to have carriage of sale.

3. When any property is ordered to be sold, the order shall direct who shall have the carriage of the sale and where the same shall be held, and by whom the conditions and contracts of sale and abstract of title, if any such be necessary, shall be prepared. Whenever in an action for the administration of the estate of a deceased person, or the 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 Judge shall otherwise direct.

Court Counsel.

4. The Judge may refer to a Counsel appointed by him any matter relating to the investigation of the title to any land 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 or a conveyance, mortgage, settlement, or other instrument, or any other matter which the Judge may think fit.

Approval of sale.

5. Where a judgment or order directs any property to be sold, unless otherwise ordered, the same shall be sold to the best purchaser, and if the sale be approved by the Court, all proper parties shall join in the sale and conveyance as the Court shall direct.

Power to sell goods and chattels at any time.

6. If, in any action or matter relating to goods or chattels, it shall appear necessary or expedient that the same, or any of the same, shall be sold, the Judge may order such sale by any person or persons named in such order, and in such manner, and on such terms as he may think desirable, and in any case in which such goods or chattels are of a perishable nature, or likely to deteriorate from keeping, or in which it may be desirable for any other just and sufficient reason to have an immediate sale, such order for sale may be made at any time after the commencement of the proceedings.

ORDER 46. SECURITY.

Bond or Recognizance.

1. Where a bond or recognizance is required from any person the Judge may authorise the acceptance of an instrument executed by any solvent person or corporation (including an Insurance Company) approved by him. Every such bond or recognizance shall recite that the person or corporation executing the same is bound or indebted, as the case may be, to the Judge for the time being within whose Circuit the proceedings are.

Execution of bond.

2. Every bond or recognizance shall be executed in the presence of the Judge, or the County Registrar, or a Commissioner to administer oaths for the High Court, or where the person entering into such bond or recognizance resides outside Ireland, or is for the time being thereout, before any person duly authorised to administer oaths where such person ordinarily resides or is.

Filing of bond.

3. It shall not be necessary to enrol any bond or recognizance, but the same shall be filed in the Office, and may subsequently be assigned or otherwise dealt with by the Judge as may be just.

Affidavit of sureties.

4. All sureties shall make an affidavit of their sufficiency unless the Judge shall dispense with such affidavit.

Officers not eligible as sureties.

5. Neither the County Registrar nor any Officer attached to the Court shall become surety in any case where by the practice of the Court security is required.

ORDER 47. ADMINISTRATORS Pendente Lite AND RECEIVERS.

Power to appoint.

1. Where in the course of any proceeding it appears at any time to the Judge expedient that an administrator pendente lite or a receiver should be appointed, such appointment may be made whether or not the same be asked for as part of the relief in the Civil Bill or other originating document.

Security and remuneration.

2. Where an order is made directing an administrator pendente lite or a receiver to be appointed, the person to be appointed, unless otherwise ordered, shall give security to be approved by the Judge for the faithful discharge of his duties, and duly to account for what he shall receive as such administrator or receiver, and to pay the same as the Judge shall direct. The person so to be appointed shall, unless otherwise ordered, be allowed a proper remuneration or allowance.

Passing of accounts.

3. When an administrator pendente lite, or a receiver, is appointed with a direction that he shall pass accounts, the County Registrar, under the direction of the Court, shall fix the day or times at which he shall lodge and vouch such accounts, and also the days upon which or the times at which he shall pay the balances appearing due upon the accounts so lodged, or such part thereof as shall be certified as proper to be paid by him, and with respect to any such administrator or receiver as shall neglect to lodge, or pass his accounts, or pay the balance thereof, at the time fixed for this purpose, the Judge may from time to time disallow the salary or allowance claimed by such administrator or receiver, and may charge him with interest not exceeding the rate of five pounds per cent. per annum upon the balance so neglected to be paid by him during the time the same shall appear to have remained in the hands of any such administrator or receiver.

Verification

4. Such administrators' and receivers' accounts shall be written bookwise on paper of foolscap size, and the items of every account shall be numbered consecutively, and the accounts shall be verified by affidavit and be therein referred to as exhibits.

Payment of outgoings.

5. Such administrator or receiver shall be at liberty, without any express direction, to pay all ordinary outgoings, but all other payments shall be made only under the direction of the Court.

ORDER 48. THE COUNTY OFFICERS AND COURTS (IRELAND) ACT, 1877 ; THE SETTLED LAND ACTS ; THE TRUSTEE RELIEF ACTS ; AND THE TRUSTEE ACTS.

Proceedings to be instituted by Petition

1. Proceedings under Section 33 (i) and (k) of the County Officers and Courts (Ireland) Act, 1877, as extended by the Principal Act, or under the Settled Land Acts, the Trustee Relief Acts or the Trustee Acts (other than for payment into Court by Trustees), shall be commenced by filing a petition, entitled in the matter of the Act under which the proceeding is taken and of the trust or settlement, as the case may be.

Statement on petition as to persons to be served.

2. At the foot of every petition presented to the Court, and of every copy thereof, there shall be placed the names and addresses of the persons 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.

Fixing of hearing.

3. When no person is intended to be served with a petition, the County Registrar shall upon the filing thereof, indorse a place of hearing and a day and hour therefor upon the petition and upon a sealed copy thereof.

Facts to be stated on affidavit.

4. Upon the hearing of any petition or any motion thereunder, the facts relied upon in support of or in opposition thereto, shall be proved by affidavit unless the Judge otherwise directs.

Judge may direct inquiries.

5. The Judge may refer any matter to the County Registrar to make inquiries and to report the result of such inquiries.

Manner in which funds are to be brought into Court.

6. Any person desiring to pay money, transfer stock, or deposit security in trust to attend the orders of the Court, shall make and shall file in the Office an affidavit intituled in the matter of the Act under which the proceeding is taken and of the particular trust, and setting forth—

(a) his own name, address, and description ;

(b) the place where he is to be served with any order of the Court or any notice of any matter or order, or with any document relating to the trust fund ;

(c) the amount of money, stock, or security which he proposes to pay, transfer, or deposit in trust to attend the orders of the Court ;

(d) a short description of the trust or of the nature and contents of the instrument creating it ;

(e) the names, addresses, and descriptions of the persons interested in, or entitled to the fund, to the best of the knowledge and belief of the deponent ; and

(f) the submission of the deponent to answer all such inquiries relating to the application of the money paid in, or stock transferred, or security deposited, as the Judge may think proper to make or direct.

Indorsement by County Registrar upon affidavit.

7. Upon the receipt by the County Registrar of such affidavit he shall indorse thereon a memorandum of the day on which the same was filed, and when such affidavit has been so indorsed it shall be taken for all purposes to have been filed as indorsed thereon.

Certificate of filing affidavit.

8. Any person filing such affidavit may obtain from the County Registrar a certificate, intituled in the matter of the Act under which the money is to be lodged, the stock transferred, or the security deposited, and of the particular trust, that the affidavit has been filed.

Privity to lodge money

9. In the case of money, the person filing such affidavit may forthwith obtain a privity from the County Registrar and lodge the amount in Court to the separate credit of the particular trust. The County Registrar shall thereupon record the receipt of the funds.

Transfer of Stock.

10. In the case of stock, the person filing such affidavit may, upon the receipt of the certificate in the second last preceding rule mentioned, transfer the stock into the name of the County Registrar in trust to attend the orders of the Court, and shall forthwith leave the certificate of transfer with the County Registrar, who shall immediately indorse thereon a memorandum of the day and hour on which the same was received by him.

Other securities.

11. In the case of any other security, the person filing the affidavit may forthwith deposit the security with the County Registrar in the name of the County Registrar in trust to attend the orders of the Court, and the County Registrar shall immediately indorse on the affidavit a memorandum of the day on which the security was deposited with him.

Particulars to be recorded by County Registrar, and notice given to interested persons.

12. Upon the recording of the receipt or certificate of transfer, or upon giving a certificate of lodgment or deposit of security, the County Registrar shall make an entry in the appropriate Record Book of the title of the particular trust and the amount of money paid, or particulars of stock transferred, or security deposited, and the names and addresses of the persons making such payment, transfer, or deposit, and the names of all persons stated in the affidavit to be, or who claim to be interested in, or entitled to, such money, stock, or security, and their addresses and descriptions as given in the affidavit, and shall forthwith send by post to each of such last mentioned persons to the address given in the affidavit a notice containing particulars of the payment, transfer or deposit.

Persons interested in funds may apply by petition.

13. Any person entitled to, or claiming to be interested in, any funds in Court, or the trustee who desires the direction of the Court as to investment, paying out, or distribution of the whole, or any part of the funds or the income thereof, may file a petition setting forth the particular trust in which he applies, and the substance of the order he seeks to obtain, and praying for the order and direction of the Court with respect to the funds so paid into Court and the rights of all persons thereto. Such petitioner shall serve a copy of the petition upon all persons interested, claiming or appearing to be interested, in the said funds.

If capital to be affected, all interested persons must be served.

14. Where the petition relates to the capital of a fund in Court, the trustee and all persons interested in such fund, shall be named in the petition as persons intended to be served therewith ; and where the petition relates to the income only of the trust fund the trustee only shall be so named, unless and until the Judge shall otherwise direct.

Liability of Trustee who unnecessarily invokes the aid of the Court.

15. Where any person avails himself of the provisions of this Order without sufficient reason, the Judge may direct such person to bear his own costs, and to pay the costs of any other persons, or to bear and pay any part of such respective costs.

ORDER 49. PERSONS OF UNSOUND MIND.

Affidavits to be filed before issue of Civil Bill.

1. Every originating application to the Court to have a person declared to be of unsound mind shall be made by Civil Bill in the form in the Schedule of Forms signed by the petitioner and by his Solicitor (if any), and prior to the issue of such Civil Bill there shall be filed two affidavits, whereof one shall be made by some person having an interest in the wellbeing of the person alleged to be of unsound mind, and the other by a medical practitioner.

Affidavit of person interested.

2. The affidavit of the person having an interest in the well-being of such person shall set forth :—

(i) the name and residence of the person alleged to be of unsound mind and of his next of kin, so far as same are known to the deponent ; and

(ii) the evidence of the alleged unsoundness of mind within the personal knowledge of the deponent ; and

(iii) the particulars of the property required to be protected and to be applied for the said person's advantage.

Affidavit of Medical Practitioner.

3. The affidavit of the medical practitioner shall set forth distinctly and particularly :—

(i) the nature of the alleged unsoundness of mind ; and

(ii) the evidence as to demeanour, conversation, acts and physical causes upon which the opinion of the deponent as to soundness or unsoundness of mind is founded.

Filing and service of Civil Bill.

4. The petitioner or his Solicitor shall file the Civil Bill and affidavits with the County Registrar, and as soon as shall be practicable after the filing thereof, shall cause a copy of such Civil Bill to be served upon the person alleged to be of unsound mind, and upon the person with whom he resides, or under whose care he is, together with a notice of the filing of such affidavits.

Appearance and defence.

5. An Appearance and Defence to such Civil Bill shall be entered, lodged and served in the manner and within the times specified in Order 12.

Service of notice of trial by Petitioner.

6. Upon the expiration of the time for appearance, or, where an appearance has been entered, upon the expiration of the time for defence the petitioner or his Solicitor may serve notice of trial, and shall serve the same upon all persons who have been served with the Civil Bill, and upon such other persons (if any) as have entered an appearance thereto.

Failure of petitioner to serve notice of trial.

7. If the petitioner or his Solicitor does not serve notice of trial, then the person alleged to be of unsound mind, or any person who shall have entered an appearance on his behalf, may do so, or may apply to the Court by motion on notice to the petitioner to have such Civil Bill dismissed for want of prosecution.

Further evidence.

8. Upon the hearing of such Civil Bill, the Judge, if he shall consider the evidence in support of the application insufficient, may require such other evidence as may seem to him necessary or expedient, and may direct a medical practitioner, other than the practitioner upon whose affidavit the Civil Bill was grounded, to report confidentially to the Judge upon the circumstances of the case, and may adjourn the hearing pending the receipt of such report.

Appointment of guardian.

9. If the Judge is of opinion upon the hearing of the Civil Bill that such person is of unsound mind and incapable of managing his person or property, and that the property requires to be protected and applied for his advantage, he may declare that such person is of unsound mind and incapable of managing his person or property, and that such property requires to be protected and applied for his advantage ; and in that event he shall appoint, or give directions for the appointment of, a guardian of the person and property of the said person, and may commit to such guardian the care of the said person, and the management of his property. In any case in which the Judge may think proper he may appoint different persons guardians of the person and of the property.

Costs and expenses.

10. In any case in which the Judge shall declare a person to be of unsound mind and incapable of managing his person or property, or in any case in which he shall dismiss the Civil Bill, the Judge may make such order as to the costs and expenses of and incidental to the proceedings as to him shall seem right.

Fee of Medical Visitor.

11. The medical practitioner visiting and reporting under the direction of the Court shall be allowed such fee as the Judge may think proper. Such fee shall be dealt with by the Judge and as part of the expenses of the proceedings, but shall in the first instance be paid by the petitioner, or by the Solicitor having carriage of the proceedings, as the Judge may direct.

Investment and Accounts.

12. The Judge may at any time direct the investment of any fund the property of the person of unsound mind in such securities, and subject to such conditions as may seem proper, and direct such accounts as he shall think necessary to be passed by the guardian of the property, at such time and in such manner as he shall appoint, and all such accounts shall be taken by the County Registrar and shall be filed in the Office.

Increase in property.

13. Should the property increase, the guardian shall notify the fact to the County Registrar ; and if the property is enlarged by such increase beyond the jurisdiction of the Court, the County Registrar shall notify this fact to the Court and to the Registrar of Wards of Court.

Notice to Registrar of Wards of Court.

14. When any judgment or order has been made by the Court declaring any person to be of unsound mind and incapable of managing his person or property, the County Registrar shall forthwith send notice of such judgment or order with a sealed copy thereof, to the Registrar of Wards of Court, and such notice shall set forth the then known amount of such person's property and the net income arising therefrom.

Report of Inspector of Mental Hospitals.

15. Where, under order of the Court, any person resides in an institution or mental hospital for the care of the insane, one of the Inspectors of Mental Hospitals shall forward to the County Registrar once in each year, for the information of the Court, a report as to the care, treatment and general condition of such person.

Annual return by Guardian.

16. Every guardian of a person of unsound mind shall once at least in each year, and as often as he shall be required by the Court, furnish to the County Registrar a return setting forth, as nearly as the circumstances of each case will permit, the particulars which Committees of Lunatics are required to furnish to the Registrar of Wards of Court under the General Orders in Lunacy (27th June, 1879) or such other General Orders as may be from time to time in force.

Discharge by Court.

17. The Court may discharge from control and regulation of the Court any person of unsound mind so found, upon being satisfied that he has been restored to sound mind and to the capacity for managing his property ; but no order for discharge shall be made by the Court until the Judge has personally examined the person to be discharged.

Procedure upon death.

18. Upon the death of any person of unsound mind so found, it shall be the duty of the guardians appointed by the Court to file with the County Registrar a certificate or other evidence of the death of such person with a verified statement setting forth the circumstances of such person's property, and the claims, if any, against it in respect of costs, maintenance, or otherwise, in the matter of the lunacy, and the Judge, upon being satisfied that all such claims have been duly discharged, and (if required by the Judge) upon probate or letters of administration being exhibited to the County Registrar, shall by order direct the matter to be dismissed out of the jurisdiction of the Court.

Application after judgment.

19. Every application to the Court subsequent to the judgment upon a Lunacy Civil Bill shall be made by motion grounded upon an affidavit setting forth the facts relevant to the application.

In absence of rules, practice of High Court to apply.

20. Subject to the foregoing rules, the rules and practice in lunacy for the time being relating to the jurisdiction of the President of the High Court shall, so far as applicable, apply to all proceedings in lunacy in the Circuit Court.

ORDER 50. ACCOUNTS.

Notice of inquiries to be given by County Registrar

1. When the County Registrar is directed to make inquiries or take accounts, otherwise than during and as part of a case actually being heard by the Judge, he shall by summons returnable not less than seven days from the date thereof, addressed to all parties entitled or required to attend, direct such parties to attend before him at the Office, or at such other place as the Court shall direct for the purpose of proceeding with such inquiries or accounts.

Sittings of County Registrar

2. The County Registrar shall sit at the time and place appointed, or at any adjourned sitting, and shall hear all parties interested or their Solicitors.

Advertisements.

3. When advertisements are ordered by the Court the County Registrar shall cause the same to be prepared and they shall state the time, place, and purpose of such sitting, and shall be published not later than fourteen days before the date of such sitting.

Books of account to be presumed to be correct.

4. Subject to any directions or rulings of the Court or the County Registrar, any books in which the accounts, or any of them, accounting party have been kept shall be taken as prima facie evidence of the truth of the matters therein contained.

Advertisements for creditors, incumbrancers and claimants.

5. Every advertisement for creditors, incumbrancers or other persons having any claim upon the interest of any person in the distribution of any assets or money to be ascertained, administered or distributed by the Court, which shall be issued pursuant to any judgment or order, shall direct such creditor, incumbrancer or other person to send, within a time to be therein limited, to the County Registrar his name, address, full particulars of his claim or interest, a statement of his account, and the nature of the security (if any) held by him, and in such advertisement the time for adjudicating on claims shall be stated.

Verification of claims.

6. Every claim by a creditor, incumbrancer or other person, if not admitted, shall be verified by affidavit, or supported by such other evidence as the County Registrar shall require, but such person need not appear in support of his claim unless required to do so by the County Registrar.

Production of securities.

7. Every creditor, incumbrancer or other claimant, shall produce to the County Registrar any security held by him at such time as shall be specified in the advertisement of adjudication on claims, and every creditor, incumbrancer or other claimant shall, if so directed by the County Registrar, produce before him, or transmit to the Office, all deeds and documents necessary to substantiate his claim at such time as shall be specified by the County Registrar.

Production of pedigree or proof of relationship.

8. Every person claiming as heir-at-law, devisee, next-of-kin, or legatee shall, if so directed by the County Registrar, produce before him or transmit to the Office any pedigree or proof mentioned in such direction within such time as shall be thereby specified.

Non-compliance.

9. In case any creditor, incumbrancer or other claimant shall neglect or refuse to comply with the last two preceding Rules, he shall be disallowed any costs of proving his claim unless the Court shall otherwise direct.

Adjudication upon claims.

10. Upon the day appointed for adjudication, or at any adjournment, the County Registrar shall take the evidence of the accounting party upon debts or claims, and may allow any of such debts or claims without further proof, and may direct such investigations of all or any of the debts or claims not allowed and require such further particulars, information or evidence relating thereto as he may think fit, and may require any creditor or other person to attend in support of his claim, and the adjudication of such claims as are not then allowed shall be adjourned to a time to be then fixed.

Evidence.

11. All sworn evidence to be used before the County Registrar on such inquiries may be taken by affidavit or orally, and all affidavits shall be brought before the Court by the County Registrar with his report or certificate.

Notice of disallowance of claim.

12. No notice of allowance need be given by the County Registrar to any creditor or other person when his claim has been allowed in full, but notice shall be given to every creditor or other person whose claim, or any part thereof, has not been allowed, and who has not attended at the adjudication where such disallowance was made, calling upon him to prove his claim by a time to be named in such notice, not being less than seven days thereafter, or to attend at a time to be therein named, being the day to which the adjudication shall have been adjourned. If any creditor or other person shall fail to comply with such notice, his claim, or such part thereof as aforesaid, may be disallowed.

Late claims.

13. Any creditor or other person who has not previously sent in the particulars of his claim pursuant to the advertisement may do so not less than two clear days before any day to which the adjudication is adjourned.

Late claims.

14. If any claim be sent in after the time fixed by the advertisement, except as provided by the last preceding Rule, the County Registrar may, upon special application, entertain the same upon such terms and conditions as to costs, or otherwise, as he thinks fit.

County Registrar's certificate.

15. When the County Registrar has been ordered to certify to the Court upon any matter, he shall present to the Court a certificate in writing prepared and signed by him.

Inspection of certificate.

16. The County Registrar shall, in all cases not disposed of by him during and as part of a case actually being heard by the Court, have his certificate prepared and notice given to all parties interested therein, or affected thereby, fourteen clear days before presenting the same, that they may inspect it in the Office.

Copies.

17. Copies of such certificate may be obtained by any person entitled thereto upon payment of the prescribed fees.

Application to vary certificate.

18. Where any party interested in or affected by a certificate of the County Registrar desires to have the same varied, he may apply to the Court by motion on notice on the day appointed for presenting the same, and the Judge shall thereupon hear such application and determine the subject matter thereof, and shall confirm or vary the certificate or make such further order as to him shall appear right.

Time and particulars of application.

19. Application under the last preceding Rule shall be made on notice to all parties to be given not later than four clear days before the day appointed for presenting the certificate, and such notice shall state the nature or particulars of the variation required.

Presentation of certificate.

20. Every Certificate of the County Registrar shall be presented to the Court by the County Registrar for confirmation, and thereupon the Judge may confirm or otherwise deal with same in such manner as to him may seem right. Every certificate as approved by the Court shall be forthwith filed in the Office.

Court may discharge or vary Certificate at any time.

21. The Judge may, if the special circumstances of the case require it, 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.

Power of Judge to give further directions.

22. The Judge may at any time on his own initiative, or upon a reference from the County Registrar, or upon the application of any person interested, make such further order or give such further directions as may be necessary for the purpose of taking any account, or holding any inquiry previously directed. Four clear days' notice of such reference or application shall be given to all interested parties.

Ascertainment of notice parties.

23. When any matter is referred to the County Registrar he shall, as soon as conveniently may be, ascertain by advertisement or otherwise if there are any persons who, if the Order had been made in an action pending in the former High Court of Chancery, ought to be served under Rule IX of Section 66 of the 30 and 31 Vic. c. 44 (Chancery (Ir.) Act, 1867).

Preparation and service of notices.

24. Any notice necessary under the last preceding Rule shall be prepared by the party having carriage of the proceedings and submitted to the County Registrar for his approval. After such approval the notice shall be served by the party having carriage, and any party served therewith may thereupon attend the proceedings under the order.

Application by notice party to vary Order.

25. Any party who shall be served with such notice may apply to the Court to set aside, vary, or add to the order. Such application shall be made within ten days after service of such notice, or within such extended time as the Judge may allow.

Notice and particulars necessary.

26. Two clear days' notice stating the nature of the application intended to be made shall be given to the parties to the action by the party moving.

Procedure when excess of jurisdiction discovered.

27. If, during the progress of any account or inquiry, it shall appear that the subject matter exceeds the amount to which the jurisdiction of the Court is limited, the County Registrar may proceed with and complete the account or inquiry, but he shall, at the next sitting of the Court, present a certificate of the state of the proceedings, and, if the Judge shall be of opinion that such excess exists, then, unless the parties shall by a memorandum signed by them or their respective Solicitors consent that the Judge shall proceed in and determine such action or matter, the Judge shall direct such action or matter to be transferred to the High Court.

Necessary inquiries may be directed.

28. If, during the hearing of any action or matter, it shall appear to the Judge to be expedient to direct any inquiry or calculation to be made, or any account to be taken or vouched, the Judge may direct the County Registrar to proceed therewith and to certify the result in writing to the Court, and the hearing of the action or matter, or the passing or auditing of any account, may be adjourned or postponed, pending such certificate as the Judge may direct.

ORDER 51. MOTIONS.

Notice and power to dispense with notice.

1. Except where permitted by these Rules, no motion shall be made without notice to the parties affected thereby ; but the Judge, if satisfied that the delay caused by proceeding in the ordinary way 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 he may think just. Any party affected by such order may move to set it aside.

Length of notice.

2. Except where otherwise provided by these Rules, or unless the Judge gives special leave to the contrary, there must be at least four clear days between the service of a notice of motion and the day named in the notice for hearing the motion.

Affidavits in support to be filed and served.

3. Any affidavits to be used in support of any motion on notice shall be mentioned in the notice of motion and copies thereof shall be served therewith ; and no such affidavit shall be used without the leave of the Judge unless the same shall have been filed.

ORDER 52. CRIMINAL INJURY APPLICATIONS.

Venue.

1. An application for compensation for criminal injuries under Section 5 of the Local Government (Ireland) Act, 1898, shall be made in the County where the injury was committed, except in cases coming within Section 140 of the Grand Jury (Ireland) Act, 1836, where the injury has been committed on the verge, or within the distance of one mile of the boundary, of any two or more Counties. In such last mentioned cases the application may be made in either or any one of such neighbouring Counties.

Application in case of death.

2. In cases where the criminal injury has caused the death of a person, the application shall be made by his legal personal representative, provided that the preliminary notice hereinafter required may be served by or on behalf of some one or more of his next of kin.

Preliminary notice to be served within seven days.

3. Within seven days from the commission of a criminal injury, the applicant, or some one acting on his behalf, shall in all cases cause a preliminary notice of his intention to apply to the Court for compensation to be served on the Secretary and Clerk respectively of the Councils for the County and District where the injury was committed, and upon the Officer in charge of the Gárda Síochána Station nearest to the place where such injury was committed. Provided that where the injury has been committed in the City of Dublin, the service of such preliminary notice shall be upon the Town Clerk and the Officer in charge of the Gárda Síochána for such City. Such preliminary notice shall give full particulars of the time and place when and where such injury was committed, the nature of the injuries, and whether to person or property or both, with details of the property injured or destroyed, and the amount of damage sustained. Such preliminary notice shall be in the form in the Schedule of Forms.

Application, time for, and on whom to be served.

4. Every application to the Court for compensation for criminal injuries shall be by notice, which shall be in the form in the Schedule of Forms. Such notice shall be served upon the Secretary and Clerk respectively of the Councils for the County and District within which the injury was committed. In case it is sought to apportion the compensation between or amongst two or more Counties, the notice shall be addressed to and served upon the Secretary and Clerk respectively of the Councils of every County and District sought to be affected. Save in the Dublin Circuit, such notice shall be served within fifteen clear days before the first day of the Sittings at which it is intended to have such application heard, and a copy thereof, with the endorsement of the service thereof, shall be lodged with the County Registrar at least ten clear days before such Sittings. In the Dublin Circuit such notice shall be served within fifteen clear days before the day upon which such application is intended to be made, and a copy thereof, with the endorsement of the service thereof, shall be lodged with the County Registrar at least ten clear days before such day. Such notice shall operate to set down the application for hearing upon any day, after the expiration of the said time, upon which the application may come on for hearing in its order in the list.

Notice by Respondent Council to other Councils.

5. In any case in which compensation may be apportioned between or amongst two or more Counties, and any Council of any County or District which might be affected by such apportionment has not been served with the notice referred to in the preceding rule, any Council so served shall be at liberty to give notice to any such Council not so served, at least ten days before the date of the hearing of the application, that the Council giving such notice will apply at the hearing that any compensation awarded be apportioned as may be done under Section 140 of the Grand Jury (Ireland) Act, 1836. A copy of any such notice served in accordance with this Rule shall be lodged with the County Registrar at least seven days before the hearing of such application.

Mode of Service of Notices.

6. The several notices hereinbefore and hereinafter mentioned may be served by registered letter, or in any of the modes in which a Civil Bill may be served, provided that such service need not be effected by a Summon Server.

Criminal Injuries Book.

7. The County Registrar shall keep a book, to be called the Criminal Injuries Book, in which he shall enter each application for compensation for criminal injury in the order in which it shall be received by him, and shall set out therein full particulars of each application, and shall enter therein the ruling of the Court in each case.

Form of Decree or Refusal.

8. Every decree for compensation, or refusal to award compensation, shall state whether it is made with or without costs, and in case it is made with costs, the exact sum payable for costs (including witnesses' expenses) shall be inserted therein. Such Decree or Refusal shall be in the appropriate form in the Schedule of Forms.

Costs and Expenses.

9. The costs, including witnesses' expenses, as between party and party, shall be taxed by the County Registrar according to the scale set out in the Schedule hereto. Any party aggrieved by such taxation may appeal to the Court and have the costs reviewed by it.

Power to extend or vary times.

10. The powers of the Court shall include power to extend or vary the time prescribed by any Statute or Statutory Rules for making an application for compensation for criminal injuries, or for serving any notice or for doing any other act, or taking any proceedings in relation to the application, in any case where it appears to the Judge that such extension or variation is just and reasonable.

ORDER 53. REGISTRATION OF TITLE.

Section 34 of Local Registration of Title (Ir.) Act, 1891.

1. Applications under Section 34, sub-section (2) of the Local Registration of Title (Ireland) Act, 1891, for an order to correct an error in the registration of the ownership of land shall be made by motion on notice. Such notice shall state in detail the misstatement, misdescription, omission, or other matter relied upon, and whether the same occurs in the Register or in any map attached thereto.

Section 52 of Local Registration of Title (Ir.) Act, 1891.

2. Applications under Section 52 of the above Act for an order declaring the applicant entitled to be registered as owner of any registered lands shall be by motion on notice.

Section 21 of Registration of Title Act, 1942 .

3. Applications under Section 21 of the Registration of Title Act, 1942 , for an order dispensing the applicant from the necessity of raising further representation to the deceased full owner of registered land, or of giving notice to his personal representative, and for an order that the applicant be registered as owner of the land, shall be by motion on notice. Such notice shall state the number of years which have elapsed since the death of the deceased full owner, and that the personal representatives of such owner are dead or are out of the jurisdiction.

Evidence and persons to be served.

4. Motions under any of the foregoing rules shall be grounded upon affidavit, setting out fully the facts relied upon, and such notice of motion and any such affidavit shall be served in the first instance upon all persons appearing to the applicant to have an interest in the subject-matter of the application. Upon the hearing of any such application the Judge may require such further evidence, either oral or upon affidavit, and may direct such further persons to be served with notice of application, as to him may seem right.

Section 52 : Corroborative Affidavit.

5. In applications under Section 52 of the Local Registration of Title (Ireland) Act, 1891, where it is possible to do so, the facts relied upon shall be corroborated by an affidavit made by a person who has no interest in the subject-matter.

Notice to be for the Sitting of the Court : Length of Notice.

6. All such notices shall state that the application will be made at the sitting of the Court on a date named in such notice. The notice, together with copies of all affidavits supporting the application, shall be served not less than fourteen days before the date so named.

Filing.

7. Every such notice and affidavit shall be filed in the Office not later than four days before the date named for the hearing.

8. The Rules of this Order shall be in substitution for any previous practice or procedure.

ORDER 54. RENT RESTRICTIONS ACTS, 1946 AND 1949.

Definition.

1. In this Order " the Act " means the Rent Restrictions Act, 1946 .

Existing proceedings.

2. Any notices served or proceedings taken before these Rules shall have come into operation, in accordance with the provisions of the Increase of Rent and Mortgage Interest (Restrictions) Rules, 1923, shall have the same validity as notices served, or proceedings taken, in accordance with these Rules.

Venue.

3. All applications shall be brought in the County in which the relevant premises, or part of them, are situate, or, at the option of the applicant in cases where there is only one respondent, in the County in which the respondent ordinarily resides or carries on any profession, business or occupation.

Form of application.

4. All applications shall be brought in accordance with the Forms in the Schedule of Forms or such modifications thereof as may be appropriate.

Service.

5. All applications, before filing, shall be served in accordance with the provisions as to service of Civil Bills and other documents contained in Order 10 of these Rules.

Date of hearing.

6. Every application shall state the date of commencement of the Sittings at which it is intended the application shall be listed for hearing, and shall be filed by the applicant at the Office not later than twenty-one days before the commencement of such Sittings. This Rule shall not apply to the Dublin Circuit.

Date of hearing. (Dublin)

7. This Rule shall apply only to the Dublin Circuit. Every application shall state the date upon which it is desired that the application shall be listed for hearing, and same shall be filed by the applicant at the Office not later than twenty-one days before such date.

Entry.

8. Upon the filing of an application in accordance with these Rules the County Registrar shall enter the same for hearing.

Filing by applicant or in default respondent.

9. All applications shall be filed within seven days of the service thereof on the respondent, or, if there be more than one respondent, within seven days of service on the respondent last served. In default of such filing any respondent may himself file the same, and thereupon, or at any time thereafter, the Judge may make such order as to him shall seem right.

No answer or defence necessary.

10. It shall not be necessary for any respondent to serve or file any answer or defence to any application.

Name and signature of applicant or Solicitor.

11. All applications shall be dated, and bear the name, address and description of the applicant, and shall be signed by his Solicitor, if any, and if none by himself.

Oral evidence.

12. Save by special leave of the Court all applications under the Act shall be heard upon oral evidence.

Joinder of applications.

13. Any application may be brought together with any other application or applications upon the same notice of application.

Further particulars.

14. Upon the application on notice of any party the Judge may order any other party to deliver fuller and better particulars of any matters material to the application. The costs of and incidental to any such application shall be in the discretion of the Judge. In case of non-compliance with any such order the Judge may dismiss the application or deal otherwise with the matter as to him shall seem right.

Parties where statutory tenant is dead.

15. In any application pursuant to paragraph (b) of sub-section (3) of section 39 of the act, all members of the deceased statutory tenant's family who are not applicants shall be made respondents unless the Judge otherwise directs.

16. In any application pursuant to subsection (3) of section 53 of the act the Minister for Justice shall be named as respondent and served, but it shall not be necessary to name or serve any other person.

ORDER 55. LANDLORD AND TENANT ACTS, 1931 AND 1943.

Definition.

1. In this Order " the Act " means the Landlord and Tenant Act, 1931 , as amended by the Landlord and Tenant (Amendment) Act, 1943 .

Existing proceedings.

2. All notices served or proceedings taken, before these Rules shall have come into operation, in accordance with subsection (5) of Section 5 of the Act and in accordance with the Rules and practice of the Court, shall have the same validity as notices served or proceedings taken in accordance with these Rules.

Form of application.

3. All applications shall be brought in accordance with the Forms in the Schedule of Forms, or such modifications thereof as may be appropriate.

Service.

4. All applications shall be served, before filing, in accordance with the provisions as to service of Civil Bills and other documents contained in Order 10 of these Rules.

Date of hearing.

5. Every application shall state the date of commencement of the Sittings at which it is intended the application shall be listed for hearing, and shall be filed by the applicant at the Office not later than twenty-one days before the commencement of such Sittings. This Rule shall not apply to the Dublin Circuit.

Date of hearing. (Dublin).

6. This Rules shall apply only to the Dublin Circuit. Every application shall state the date upon which it is desired that the application shall be listed for hearing, and shall be filed by the applicant at the Office not later than twenty-one days before such date.

Entry.

7. Upon the filing in accordance with these Rules of an application, the County Registrar shall enter the same for hearing.

Filing.

8. All applications shall be filed within seven days of the service thereof on the respondent, or, if there be more than one respondent, within seven days of service on the respondent last served.

Default of filing by Applicant.

In default of such filing any respondent may himself file the same, and thereupon or at any time thereafter, the Judge may make such Order as to him shall seem right.

Answer if claim disputed.

9. If a respondent wishes to dispute wholly or partly the claim of the applicant, he shall, within ten days after the service on him of the notice of application, serve on the applicant and any other parties an answer in the appropriate form in the Schedule of Forms, or as near thereto as the circumstances admit, and such answer shall be filed at the Office within seven days after the last service thereof.

Documents to accompany all applications.

10. There shall be attached to every application, and served and filed therewith, any documents therein referred to as annexed thereto.

Signature to application.

11. All applications shall be dated, and bear the name, address and description of the Applicant, and shall be signed by his Solicitor, if any, or if none by himself.

Oral evidence.

12. Save by special leave of the Court, all applications under the Act shall be heard upon oral evidence.

Joinder of applications.

13. Any application may be brought together with any other application or applications upon the same notice of application.

Further particulars.

Copies of documents.

14. Upon the application on notice of any party, the Judge may order any other party to deliver fuller and better particulars of any matters stated in the Application or Answer, or to deliver copies of any documents referred to therein. The costs of and incidental to any such application shall be in the discretion of the Judge. In case of non-compliance with any such order the Judge may deal with the matter as to him shall seem right.

Privity to pay money into Court.

15. Any person desirous of paying money into Court pursuant to Section 36 or section 37 of the act shall be entitled to obtain from the County Registrar a privity for such purpose, and such money shall be paid in upon such privity.

Notice of payment into Court.

16. A person who has so paid money into Court shall forthwith serve notice of such payment upon the tenant, if the payment is in pursuance of section 36 of the act, and upon the tenant and the alleged mortgagee, if the payment is in pursuance of section 37 of the act. Such notice of payment shall state the distinguishing letter and number of the privity.

ORDER 56. HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 .

Procedure on appeals to the Court.

1. An Appeal to the Circuit Court under Section 27 of the Housing (Miscellaneous Provisions) Act, 1931 , (No. 50 of 1931), shall be commenced by the issue of a Civil Bill, and shall be called an action, and the rules applicable to actions shall apply thereto.

Parties.

2. The appellant shall be the plaintiff and the local authority shall be the defendant.

Inspection of premises.

3. The Judge may inspect the premises to which the action relates in any case in which he thinks that such inspection is desirable.

Procedure to determine eases.

4. An application to the Court for an Order determining a lease under Section 35 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), shall be commenced by the issue of a Civil Bill, and shall be called an action, and the rules applicable to actions shall apply thereto.

Parties.

5. The applicant shall be the plaintiff and the other party to the lease shall be the defendant.

Where subletting or mortgage exists.

6. Where the applicant is the lessee of any premises, he shall join as plaintiff any person to whom he has sublet, or has mortgaged, the premises, and who consents in writing to be so joined, and as defendant any person to whom he has sublet, or has mortgaged, the premises and who does not so consent.

Costs.

7. The costs of any action to which this Order applies shall be taxed upon such of the scales in the Schedule of Costs applicable to cases in contract as the Judge shall direct at the hearing.

ORDER 57. AMENDMENTS.

Amendments at discretion of Judge.

1. The Judge may, on such terms as he considers just, at any stage of the proceedings, allow any party to amend or alter his pleading or other document, or may disallow any amendment already made, or may amend any defect or error in any proceeding, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

How made and indorsed.

2. Any pleading or other document may be amended by written alterations in the copy which has been served, and in the copy which has been filed, and by additions on paper to be interleaved therewith if necessary. Whenever any amendment has been made, the amended document shall be indorsed in manner following, viz : " Amended the day of pursuant to Order dated the day of ".

Clerical Errors.

3. Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Judge on motion on notice to the party sought to be affected by such correction.

ORDER 58. COSTS.

Costs in general to be in discretion of Judge.

1. Save as otherwise provided by Statute, or by these Rules, the granting or withholding of the costs of any party to any proceeding in the Court shall be in the discretion of the Judge.

Costs in Jury Cases.

2. Subject to all enactments limiting, regulating, or affecting the costs payable in any action by reference to the amount recovered therein, the costs of every action or issue tried by a jury, shall follow the event, unless at the trial the Judge shall for special cause otherwise direct, and in that event such cause shall be stated in the decree or order.

Costs of interim applications.

3. The costs of any ex parte or other application, motion, or order may be awarded by the Judge irrespective of the final judgment in the proceeding, or may be made costs in the proceeding, or may be reserved to be dealt with on the conclusion of the proceeding.

Where costs are awarded against two or more persons.

4. Costs awarded in any proceeding against two or more persons or parties shall have effect against, and be payable by, them severally as well as jointly unless the Judge otherwise orders.

Witnesses' expenses.

5. The allowance of the expenses of any witness shall be in the discretion of the Judge. Where such expenses, or any part thereof, are allowed, the amount thereof shall be measured by the Judge, or, where the Judge so directs, by the County Registrar, subject to an appeal to the Court.

In this rule the word " expenses " shall, in the case of an expert witness, include his reasonable charges in respect of all necessary matters preliminary to the hearing.

Taxation by County Registrar, and appea

6. All costs directed to be taxed shall be taxed by the County Registrar (who for that purpose shall have all the powers of a Taxing Master of the High Court of Justice) subject as to every item, including outlay and Counsel's fees, to an appeal to the Court notice of which shall be given within ten days from the conclusion of the taxation.

Scales o costs

7. Save as is otherwise provided by these Rules, the costs and fees specified in each scale in the Schedule to these Rules shall be the only lawful fees, costs, charges, and emoluments for the business therein indicated or described, as between party and party, and no other fees, costs, charges or emoluments shall be payable or recoverable therefor.

Where no Solicitor retained.

8. No costs other than actual and necessary outlay shall be allowed or awarded to any party unless a Solicitor has been instructed to conduct the proceedings on his behalf.

Furnishing of costs, and tender in discharge.

9. Where costs or expenses are awarded, the party to whom such costs or expenses have been awarded shall deliver a bill of such costs or expenses, and give at least seven days' notice of taxation for a day and hour to be fixed (generally or specially) by the County Registrar, and such party may include in such bill all such payments as have been necessarily and properly made by him, provided that the party to whom such bill has been furnished may tender a sum of money in discharge of such bill, and if such tender is refused and the amount of such bill when taxed shall not exceed the sum tendered, the costs of taxation shall be borne by the party claiming on foot of such bill.

Vouching of disbursements.

10. In any taxation of costs, wherever items appear for disbursements, the same shall be properly vouched before the County Registrar.

District Court costs in undefended cases.

11. In undefended proceedings the costs to be allowed to the plaintiff in cases within the jurisdiction of the District Court, shall be those which would have been recoverable in that Court, with the addition of such actual and necessary outlay as may be allowed.

District Court costs in defended cases.

12. In defended proceedings in which the relief granted could have been obtained in the District Court, the costs to be allowed to the plaintiff shall be those which would have been recoverable in that Court with the addition of such actual and necessary outlay as may be allowed, provided always that the Judge may in such a case withhold costs if of opinion that the case was one proper to have been prosecuted in the District Court. In cases where the relief claimed is within the jurisdiction of the District Court, and the action is dismissed, the defendant may be allowed costs as set out in the first column of the Schedule of Costs applicable to the nature of the action.

Solicitor and client costs not affected.

13. Nothing in this Order or in the Schedule of Costs shall limit or affect the right of a Solicitor to charge costs as between Solicitor and Client for work done or professional services rendered.

When costs on higher scale may be awarded.

14. The Judge may for special cause order that the costs, as between party and party, of any proceeding be taxed on a scale higher than that otherwise applicable. Such special cause shall be stated in the decree or order.

Costs payable when Civil Bill issued.

15. The costs mentioned in Rule 7 of Order 5 shall be payable by a defendant after the issue of a Civil Bill although he has paid or tendered the amount of the plaintiff's demand to the plaintiff or his Solicitor before such Civil Bill be served upon him.

Costs in Schedule to be exclusive of outlay.

16. The costs set forth in the scales in the Schedule of Costs hereto shall in every instance be exclusive of and in addition to all such actual and necessary outlay as may be allowed.

Costs of counterclaim.

17. A counterclaim shall be deemed to be a proceeding within the meaning of Rule 1 of this Order.

In awarding the costs of a counterclaim the Judge may either :—

(a) allow such costs in full, in which case they shall be taxed according to the scale which would have been appropriate if the defendant had, as plaintiff, instituted separate proceedings in respect of the subject matter of the counterclaim ; or

(b) allow such part of the full costs as in all the circumstances shall appear to him to be fair and reasonable.

Set off of costs.

Where judgment is entered for the plaintiff on his claim, and for the defendant on his counterclaim, or where both claim and counterclaim are dismissed, the Judge may order that the costs allowed to one party be set off, either in full or pro tanto, against the costs allowed to the other party.

Fee to successful defendant who has lodged money.

18. Where judgment is entered in favour of a defendant who has lodged in Court a sum in satisfaction of the plaintiff's claim the Judge may allow to the defendant, in addition to the appropriate scale costs, a reasonable sum, not exceeding £1 1s. 0d., to cover the costs of lodgment and withdrawal.

Counsel's fees.

19. Save where otherwise provided by these Rules, Counsel's fees shall be according to the scales set forth in the Schedule of Fees hereto.

Disallowance of counsel's fees.

The Judge may, as between party and party, on his own initiative or on the application of any party, disallow Counsel's fees for settling any document, or for appearance in Court, or both.

Fees for summoning Jury.

20. Any party entitled to a trial with a jury who has duly caused same to be summoned shall have as part of his costs the sum of ten shillings and sixpence in addition to any fees payable to the Sheriff in connection therewith.

Costs of registering Judgment.

21. Where judgment has been entered in any proceeding, and the same is registered under the provisions of the Principal Act, or The Circuit Court (Registration of Judgments) Act, 1937 , there may be allowed, in addition to the appropriate costs of such proceeding, a sum of £1 10s 0d. in addition to outlay, in respect of such registration. On production to him of proof of the registration of such judgment, the County Registrar shall add the amount of such sum and outlay to the amount of the decree or order. Such sum and outlay shall not be allowed by the County Registrar, or by the Court on appeal from him, unless it shall be held that such registration was reasonable.

Costs in cases where consent to jurisdiction.

22. Costs in proceedings within the provisions of Section 48 (1) of the Principal Act shall be taxed according to the appropriate High Court scale for the time being in force and the Rules applicable thereto, less one-third, together with actual and necessary outlay, witnesses' expenses where allowed by the Court, and such fees for Counsel as, having regard to the nature of the proceedings and the issues involved, the County Registrar may allow.

Costs in libel cases.

23. In all actions for libel, the Judge may, in his discretion, direct that the costs awarded be taxed in accordance with Column 3 of the Schedule of Costs.

Where costs regulated by Statute.

24. Where under Statute a special scale of costs is prescribed, then, unless in substitution for such scale, a scale of costs is provided in the Schedule of Costs hereto, such special scale shall apply.

Costs in detinue, equity and other cases may be ascertained by reference to value of subject matter.

25. Where the proceedings are for the return of a specific chattel, with or without an alternative claim for damages, or where there is in any equity or other case difficulty in ascertaining or applying the appropriate scale, the Judge may at the hearing for the purpose of the taxation of the costs, determine the value of such chattel or the subject matter of the proceedings. In any case in which the Judge shall not have determined such value, the County Registrar may, subject to an appeal to the Court, determine the same.

Costs in hire purchase claims.

26. Proceedings by the owner of a chattel against the hirer thereof under a hire-purchase agreement, for the recovery or return of the same, shall, for the purpose of the measurement or taxation of the costs, be deemed to be an action in contract in which the amount sued for is the amount of the instalments due and unpaid under the agreement at the date of commencement of the proceedings.

Costs where no appropriate scale.

27. Where the Judge or the County Registrar is of opinion that there is no appropriate scale of costs, the Judge or the County Registrar may measure a sum for costs. An appeal shall lie to the Court from any decision of the County Registrar under this Rule.

Costs of application in office for execution orders.

28. The Solicitor for any party applying in the Office for the issue or renewal of an execution order shall be entitled, as and for the costs of the same, to the sum of eleven shillings and sixpence, exclusive of outlay, in addition to the costs allowed by the decree or order, execution of which is sought.

What are Equity proceedings.

29. For the purpose of the taxation or measurement of costs, the following proceedings shall be deemed to be Equity proceedings :—

1. All suits for the administration of estates of deceased persons ;

2. All suits for the execution of trusts ;

3. All suits for foreclosure, sale, redemption of or for enforcing any mortgage, charge or lien upon any lands, or upon any other property, real, chattel real, or personal ;

4. All suits for specific performance ;

5. All suits for rectifying, reforming, setting aside, cancelling, or delivering up any deed, agreement, or assurance, or any conveyance of any property ;

6. All proceedings under the Married Women's Property Acts ;

7. All suits for the taking of any partnership account, or for the dissolution of any partnership ;

8. All proceedings for partition ;

9. All proceedings under the Trustee Acts ;

10. All proceedings relating to the maintenance or advancement or for the protection of the property of infants ;

11. All proceedings for injunctions or orders in the nature of injunctions ;

12. All proceedings under the Settled Land Acts ;

13. All Lunacy Proceedings ;

14. All other proceedings in which jurisdiction is conferred upon the Court by Section 48 (v) of the Principal Act.

What costs may be allowed where Equity proceedings considered inappropriate.

30. Where proceedings have been instituted on the Equity side of the Court, and the Judge is of opinion that adequate relief could have been obtained in proceedings under any other jurisdiction of the Court, he may order that the plaintiff, if successful, be allowed only such costs and outlay as could have been allowed in such proceedings under such other jurisdiction.

Costs under Rent Restrictions Act, 1946 .

31. In any case under the Rent Restrictions Act, 1946 , in which costs are allowed, the Judge shall in his discretion award the same under the 1st, 2nd or 3rd Column of Part VIII of the Schedule of Costs hereto and, in exercising such discretion, the Judge shall in particular have regard to the amount of rent involved.

ORDER 59. GENERAL.

Solicitor may do all acts for client.

1. Any act required by these Rules to be done by a party may be done by him in person or by his Solicitor.

Size of documents for service or filing.

2. All documents and forms for filing in the Office, or for service in connection with proceedings in the Court, with the exception of accounts, maps and plans, shall be written, printed or typewritten on paper of foolscap or half foolscap size. All documents intended for filing shall be properly indorsed with the short title of the proceeding upon a page left blank for that purpose.

Advertisements.

3. The Court, where necessary, shall order in what newspapers any advertisements which may from time to time be necessary in any action or matter shall be inserted.

Forms.

4. The Schedules to these Rules shall be taken to be part of the Rules, and all forms therein contained, or suitable forms to the like effect, may be used where the same are applicable, and shall be good and sufficient. Where by these Rules any party is required to give notice according to a form mentioned in any Schedule to these Rules, it shall be sufficient if the notice complies substantially with such form.

Where no forms provided.

5. Where no forms are provided, parties shall frame the documents, using as guides the forms contained in the Schedules.

Powers of Court to enlarge or abridge times.

6. The Court may, upon such terms (if any) as it may think reasonable, enlarge or abridge any of the times fixed by these Rules for taking any step or doing any act in any proceeding, and may also, upon such terms as to costs or otherwise as it shall think fit. declare any step taken or act done to be sufficient, even though not taken or done within the time or in the manner prescribed by these Rules.

Setting aside for irregularity.

7. Application to set aside proceedings for irregularity shall be made to the Court on notice, but no application to set aside any proceeding for irregularity shall be allowed unless made within a reasonable time, or if the party moving has taken any fresh step after knowledge of the irregularity, and any notice of any such motion shall contain the objections intended to be relied on.

Adaptations of references in Statutes.

8. Where the jurisdiction transferred to the Court under Section 51 of the Principal Act depends upon Statute, each such Statute is hereby adapted or modified so that all references therein to the Civil Bill Court, County Court, or Court of Quarter Sessions shall be construed to refer to the Court where necessary, and all references to Recorders, County Court Judges, Chairmen of Quarter Sessions, or other Judges, and to Officers of any of such Courts shall be construed where necessary as references to the Judge of the Court, and, in the case of Officers, to the County Registrar or appropriate Officer of the Court, and all references to proceedings in any of such Courts, shall, where necessary, be construed as references to proceedings in the Court.

Documents to be lodged in the Office may be sent by post.

9. Where by these Rules any document is required to be lodged in the Office the same may be sent by pre-paid post so as to reach the Office before the expiration of the time limited for such lodgment as aforesaid.

Change of Solicitor.

10. A party suing or defending by a Solicitor shall 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 without an order for the purpose. Notice of such change, discharge or appointment shall be filed in the Office, and served on the opposite party, or his Solicitor (if any), and on the Solicitor discharged.

Re-hearing under County Officers and Courts (Ire-and) Act, 1877

11. The application for re-hearing in any of the proceedings referred to in Section 42 of the County Officers and Courts (Ireland) Act, 1877, shall set forth fully the grounds upon which the re-hearing is sought, and notice thereof shall be filed in the Office and served upon the opposite party, or his successor in interest, not less than fourteen days before the opening day of the Sittings at which the application is to be made, or, in the Dublin Circuit, not less than six days before the day upon which the application is to be made.

Last day Sunday or Office closed.

12. Where the time for doing any act or taking any proceedings expires on a Sunday or other day on which the Office is 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 Office shall next be open.

Non-compliance with Rules.

13. Non-compliance with any of these Rules, or with any practice for the time being in force in the Court, shall not render the proceedings void unless the Court shall so direct, but such proceedings may be set aside wholly or in part as irregular, or may be amended or otherwise dealt with in such manner or upon such terms, as the Court shall think fit.

Where no appropriate Rule.

14. Where there is no Rule provided by these Rules to govern practice or procedure, the practice and procedure in the High Court may be followed.

FIRST SCHEDULE.

Sittings—Towns.

SECOND SCHEDULE.

FORMS.

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ ........................................................Circuit.

County of............................................................ ...................................................

FORM 1—CONSENT UNDER SECTION 48 (1) OF THE COURTS OF JUSTICE ACT, 1924 , AS AMENDED BY SECTION 26 of THE COURTS OF JUSTICE ACT, 1936 .

Between

A.B.                    Plaintiff;

and

C.D.                    Defendant.

We, the undersigned parties, do hereby consent that the Circuit Court sitting in the above County shall have jurisdiction in the action or matter entitled as above without any limit as to amount of claim or value of property involved.

* And we do hereby consent that the decision of the said Court shall be final and conclusive and shall not be appealable.

Dated this   day of    19 .

....................................................Plaintiff;

....................................................Defendant.

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ ...................................Circuit.

County of............................................................ ..............................

FORM 2.—ORDINARY CIVIL BILL.

Between

A.B.                           Plaintiff;

and

C.D.                          Defendant.

You are hereby required within ten days after the service of this Civil Bill upon you, to enter, or cause to be entered, with the County Registrar, at his Office at    ,  an Appearance to answer the claim of   , of in the County of    , the Plaintiff herein, as indorsed hereon.

And take notice that, unless you do enter an Appearance, you will be held to have admitted the said claim, and the Plaintiff may proceed therein and judgment may be given against you in your absence without further notice.

And further take notice that, if you intend to defend the proceeding on any grounds, you must not only enter an Appearance as aforesaid, but also within ten days after Appearance deliver a statement in writing showing the nature and grounds of your Defence.

* Strike out if not agreed to.

The Appearance and Defence may be entered by posting the same to the said Office, and by giving copies thereof to the Plaintiff, or his Solicitor, by post.

Dated the day of 19 .

(Signed)............................................................ .

(Address)..........................................................

TO..............................................

C.D.        of............................................................ ............................................................ .............

Defendant.

INDORSEMENT OF CLAIM.

The Plaintiff's claim is for *............................................................ ................................................

............................................................ ............................................................ ................

............................................................ ............................................................ ................

and for the costs of the proceeding.

(Signed)........................................ Plaintiff;

or Solicitor for Plaintiff.

*Note—On payment to the Plaintiff or his Solicitor, within six days after service, of the amount of the above claim, together with the sum of £ for costs, all further proceedings will be stayed.

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ ................................Circuit.

County............................................................ .................................

FORM 2A.—EJECTMENT CIVIL BILL—PERMISSIVE OCCUPANT

Between

A.B.                            Plaintiff;

and

C.D.                           Defendant.

You are hereby required within ten days after the service of this Civil Bill upon you to enter, or cause to be entered with the County Registrar, at his Office at , an Appearance to answer the claim of of in the County of , the Plaintiff herein, for possession of the premises occupied by you as (servant, or caretaker, or permissive occupant, as the case may be).

And take notice that, unless you do enter an Appearance, you will be held to have admitted the said claim, and application may be made to the Court in your absence for an order for immediate possession.

And further take notice that, if you intend to defend the proceeding on any grounds, you must not only enter an Appearance as aforesaid, but also, within ten days after Appearance, deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance and Defence may be entered by posting the same to the said Office and by giving copies thereof to the Plaintiff, or his Solicitor, by post.

* Here state nature of claim, e.g., cash lent, price of goods sold and delivered, rent, detinue, damages etc., giving full particulars.

* Fill in where claim is for a liquidated amount.

Dated the day of 19 .

(Signed)..........................................

(Address)......................................

To..............................

C.D.

Defendant

and all persons concerned.

INDORSEMENT OF CLAIM.

The Plaintiff's claim is for the recovery of possession of situate at and occupied by the Defendant since as whereof possession was demanded on but has been withheld, and for the costs of the proceeding.

..................................... Plaintiff ;

or Solicitor for Plaintiff.

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ .....Circuit.

County of...........................................................

FORM 2B—EJECTMENT CIVIL BILL—NON-PAYMENT OF RENT.

Between

A.B.                              Plaintiff;

and

C.D.                             Defendant.

You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his Office at , an Appearance to answer the claim of of in the County of , the Plaintiff herein for possession of the premises occupied by you as tenant (to the Plaintiff or as the case may be).

And take notice that unless you do enter an Appearance you will be he d to have admitted the said claim and application may be made to the Court in your absence for an order for immediate possession.

And further take notice that, if you intend to defend the proceeding on any grounds, you must not only enter an Appearance as aforesaid, but also, within ten days after Appearance, deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance and Defence may be entered by posting same to the said Office and by giving copies thereof to the Plaintiff, or his Solicitor, by post.

Dated the day of 19 .

(Signed) ..........................................

(Address).........................................

To

C. D.,

Defendant,

and all persons concerned.

ENDORSEMENT OF CLAIM.

The Plaintiff's claim is for possession of situate at held by the Defendant (or as the case may be) as tenant to the Plaintiff under * at the yearly rent of an the ground that the sum of £ being year's rent which became due and payable on is still due and unpaid† and for the costs of the proceeding.

NOTE.—If the said total sum of £ together with the sum of‡ in full satisfaction of all costs be paid to the Plaintiff or his solicitor within ten days from the service hereof all further proceedings will be stayed.

.................................................Plaintiff

or, Solicitor for Plaintiff.

* Give full particulars of tenancy.

† If the plaintiff so elects he may also claim an rent due to him by defendant.

‡ Insert appropriate costs of preparation, entry and service of Civil Bill.

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ .............Circuit.

County of............................................................ .........

FORM 2C.—TITLE JURISDICTION—EJECTMENT CIVIL BILL ON THE TITLE.

Between A.B.                            Plaintiff;

and

C.D.                                Defendant.

You are hereby required within ten days after the service of this Civil Bill upon you to enter, or cause to be entered, with the County Registrar, at his Office at  

an Appearance to answer the claim of 

of         in the County of      the Plaintiffherein, forpossession of the lands of 

the annual value of which does not exceed the sum of £60.

And take notice that, unless you do enter an Appearance, you will be held to have admitted the said claim and application may be made to the Court in your absence for an order for immediate possession.

And further take notice that, if you intend to defend the proceeding on any grounds, you must not only enter an Appearance as aforesaid but also within ten days after Appearance deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance and Defence may be entered by posting the same to the said Office and by giving copies thereof to the Plaintiff or his Solicitor by post.

Dated the day of , 19 .

(Signed)................................................

(Address)...............................................

To..............................

C.D.

Defendant, 

and all persons concerned.

INDORSEMENT OF CLAIM.

The Plaintiff's claim is for recovery of possession of the lands of 

situate at   which are the property of the Plaintiff and possession of which the Defendant wrongfully withholds ; and for the costs of the proceeding.

..........................................Plaintiff;

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ ............. Circuit.

County of............................................................ .........

FORM 2D.—EJECTMENT CIVIL BILL FOR OVERHOLDING

Between A.B.                           Plaintiff;

and

C.D.                               Defendant.

You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his Office at           , an Appearance to answer the claim of        of    in the County of     the Plaintiff herein, for possession of the premises at      occupied by you.

And take notice that unless you do enter an Appearance, you will be held to have admitted the said claim inapplication may be made to the Court in your absence for an order for immediate possession.

And further take notice that if you intend to defend the proceeding on any grounds you must not only enter Appearance as aforesaid but also within ten days after Appearance deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance and Defence may be entered by posting the same to the said Office and giving copies thereof to the Plaintiff or his Solicitor by post.

Dated the day of 19 .

(Signed) ................................................

(Address) ...............................................

To..............................

C.D.,

Defendant,

and all persons concerned.

INDORSEMENT OF CLAIM.

The Plaintiff's claim is for possession of the lands of lately held by the Defendant as tenant to the Plaintiff under lease (contract of tenancy) †dated the day of and made between , and at the rent of which said tenancy determined on last; and for the costs of the proceeding.

Dated the day of 19 .

(Signed)............................................................ Plaintiff

or, Solicitor for Plaintiff.

CÚIRT BHREITHIÚNAIS CHUARDA.

(Circuit Court of Justice)

............................................................ .............Circuit.

County of............................................................ .........

FORM 2E.—LUNACY CIVIL BILL.

In the matter of the County Court Jurisdiction in Lunacy (Ireland) Act, 1880, in the matter of the Courts of Justice Acts, 1924 to 1949, and in the matter of A.B., alleged to be a person of unsound mind.

C.D. of                             Petitioner.

You the said A.B., or some person on your behalf are hereby required within ten days from the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar at his Office at     , an Appearance to show cause why you should not be declared to be a person of unsound mind.

And take notice that unless you do enter an Appearance an Order may be made declaring you to be of unsound mind and incapable of managing your affairs.

And take notice that if you intend to show cause you must not only enter an Appearance as aforesaid but also within ten days after Appearance deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance and Defence may be entered by posting the same to the said Office and giving copies thereof to the Petitioner or his Solicitor by post.

Dated the day of 19 .

(Signed)................................................

(Address)...............................................

To..............................

A.B. of

..............................