S.I. No. 15/1986 - The Rules of the Superior Courts


S.I. No. 15 of 1986.

THE RULES OF THE SUPERIOR COURTS

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 19 day of December 1985.

Tomas A. Finlay

Harry Hill

Liam Hamilton

Frederick Morris

Brian Walsh

Mary Laffoy

Frank Griffin

W. B. Allen

Seán Gannon

D. R. Pigot

Mella Carroll

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

Dated this 17th day of January 1986.

MICHAEL NOONAN,

Aire Dli agus Cirt.

THE RULES OF THE SUPERIOR COURTS

The following Rules (which may be cited as "The Rules of the Superior Courts" or, in the abbreviated form, "R.S.C.") shall come into operation on the 1st day of October, 1986, and shall on and after that date apply, where appropriate, to all proceedings in causes or matters whether then pending or commenced thereafter.

As and from the said date the Orders and Rules specified in Appendix Z hereto shall stand annulled.

TABLE OF CONTENTS

Page

THE RULES OF THE SUPERIOR COURTS

1

Order

1

COMMENCEMENT OF PROCEEDINGS

3

2

PROCEDURE BY SUMMARY SUMMONS

4

3

PROCEDURE BY SPECIAL SUMMONS

5

4

I. INDORSEMENT OF CLAIM

7

II. INDORSEMENT OF ADDRESS

11

5

ISSUE OF SUMMONSES AND PETITIONS

11

6

CONCURRENT SUMMONSES

15

7

SOLICITORS

16

8

RENEWAL OF SUMMONS

17

9

SERVICE OF SUMMONS:

I. Mode of service

19

II. On particular defendants

19

III. In particular actions

20

IV. General

21

10

SUBSTITUTED SERVICE

22

11

SERVICE OUT OF THE JURISDICTION

22

12

APPEARANCE

27

13

DEFAULT OF APPEARANCE

33

14

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

39

15

PARTIES:

I. General

42

II. Person under disability

45

III. Administration and execution of trusts

46

16

THIRD-PARTY PROCEDURE

50

17

CHANGE OF PARTIES BY DEATH, &c.

55

18

JOINDER OF CAUSES OF ACTION

58

19

PLEADING GENERALLY

60

20

STATEMENT OF CLAIM

66

21

DEFENCE AND COUNTER CLAIM

67

22

PAYMENT INTO AND OUT OF COURT AND TENDER

71

23

REPLY AND SUBSEQUENT PLEADINGS

78

24

MATTERS ARISING PENDING THE ACTION

79

25

TRIAL OF POINT OF LAW

80

26

DISCONTINUANCE

80

27

DEFAULT OF PLEADING

81

28

AMENDMENT

85

29

SECURITY FOR COSTS

88

30

SIDE-BAR ORDERS

89

31

INTERROGATORIES, DISCOVERY AND INSPECTION

90

32

ADMISSIONS

97

33

ISSUES, ACCOUNTS AND INQUIRIES

99

34

SPECIAL CASE

101

35

ISSUES OF FACT WITHOUT PLEADINGS

103

36

TRIAL:0.0104167>

I. Place and mode of trial

104

II. Notice of trial and setting down

106

III. Papers for Judge

108

IV. Proceedings at trial

109

V. Reference to Master as to damages

111

37

HEARING OF PROCEEDINGS COMMENCED BY SUMMARY SUMMONS

112

38

HEARING OF PROCEEDING S COMMENCED BY SPECIAL SUMMONS

115

39

EVIDENCE:

I. General

117

II. Examination of witnesses

118

III. Subphoena

122

IV. Perpetuating testimony

123

V. Obtaining evidence for foreign tribunals

124

40

AFFIDAVITS:

I. General

125

II. Affidavits and evidence before the Master or the Examiner

129

III. Trial on affidavit

130

41

MOTION FOR JUDGMENT AND ENTRY OF JUDGMENT

131

42

EXECUTION:

I. General

135

II. Discovery in aid of execution and in proceedings under the Debtors Act (Ireland), 1872

141

43

ORDERS OF FIERI FACIAS AND SEQUESTRATION

142

44

ATTACHMENT AND COMMITAL:0.0104167>

I. General

143

II. The Debtors Act (Ireland), 1872

144

45

I. ATTACHMENT OF DEBTS

145

II. RECEIVERS BY WAY OF EQUITABLE EXECUTION

147

46

CHARGING ORDERS AND STOP ORDER:

I. Orders charging stocks and shares

148

II. Orders charging interest of partner

148

III. Notice to restrain transfer of stock

149

IV. Stop orders

150

47

ORDER OF POSSESSION

151

48

ORDER OF DELIVERY

153

49

HEARING, TRANSFER AND CONSOLIDATION

153

50

I.INTERLOCUTORY ORDERS

155

II. RECEIVERS AND ADMINISTRATORS PENDENTE LITE

158

III. GUARDIANS

160

51

SALES BY THE COURT

160

52

MOTIONS AND OTHER APPLICATIONS

162

53

SOLICITORS:

I. General

167

II. Application for admission as a solicitor

167

III. Disciplanary provisions

168

IV. Appeals and applications to the President under Parts IV, V, and VI of the Act of 1954

169

V. Applications relating to the control of a solicitor's property

170

VI. Applications relating to client's property

171

54

ADMINISTRATION, TRUSTS AND MORTGAGES

172

55

THE EXAMINER:

I. Powers and duties

174

II. Documents to be left at the Examiner's Office

175

III. Notice to proceed

176

IV. Appointment Book

177

V. Attendances

178

VI. Advertisements for creditors and claimants

179

VII. Interest

182

VIII. Examiner's certificate

182

IX. Miscellaneous

184

56

ABBITRATION

184

57

INTERPLEADER

186

58

APPEALS TO THE SUPREME COURT

189

59

CASES STATED FOR THE SUPREME COURT

195

60

RIGHT OF ATTORNEY GENERAL TO NOTICE OF CONSTITUTIONAL ISSUES

197

61

APPEALS FROM THE CIRCUIT COURT

198

62

CASES STATED FOR THE HIGH COURT

202

63

THE MASTER OF THE HIGH COURT

203

64

ADMIRALTY

207

65

MINORS

219

66

INFANTS:

I. Evidence of age

221

II. Settlements

221

67

WARDS OF COURT (OTHER THAN MINORS):

I. Preliminary

222

II. Proceedings by petition for inquiry, or on report directed to stand as a petition

225

III. Where the inquiry is before a jury

226

IV. Where the inquiry is without a jury

227

V. Proceedings under sections 68 and 70 of the Act

228

VI. Proceedings under section 103 of the Act

231

VII. Proceedings after primary order made on petition for inquiry or upon report directed to stand as a petition

234

VIII. The Registrar

237

IX. Committees

238

X. Guardians and receivers

241

XI. Leases, sales and mortgages

242

XII. Visitors

245

XIII. Death or recovery of the ward

246

XIV. Miscellaneous

248

68

REVENUE:

250

I. Recovery of taxes and duties

251

II. Appeals under the Finance Act, 1894, section 10

251

III. Appeals under the Succession Duty Act, 1853, Section 50

253

IV. Miscellaneous

254

69

ARREST OF DEFENDANT UNDER THE DEBTORS ACT (IRELAND), 1872

254

70

MATRIMONIAL CAUSES AND MATTERS:

I. Petition

255

II. Citation

256

III. Service

257

IV. Appearance

257

V. Intervener

258

VI. Answer

258

VII. Further pleadings

259

VIII.General rules as to pleadings

259

IX. Medical inspection

260

X. Trial or hearing

261

XI. Evidence taken by affidavit

261

XII. Proceedings by petition

262

XIII. Alimony

263

XIV. Restitution of conjugal rights

264

XV. Guardians of infants

264

XVI. Attachments and sequestration

265

XVII. Notices

265

XVIII. Service of pleadings, notices, &c.

265

XIX. Change of solicitor

266

XX. Motion papers

266

XXI. Costs, &c.

267

XXII. General

268

71

THE LIGITIMACY DECLARATION ACT (IRELAND), 1868

268

72

THE SETTLED LAND ACTS, 1882 TO 1890

269

73

PAYMENT INTO COURT UNDER THE TRUSTEE ACT, 1893, AND THE SUPREME COURT OF JUDICATURE (IRELAND) ACT, 1877

272

74

WINDING-UP OF COMPANIES:

I. Preliminary

273

II. Proceedings

274

III. Service of documents in winding-up by the Court

275

IV. Petition to wind-up a company

275

V. Provisional liquidator

276

VI. Hearing of petitions and order made thereon

277

VII. Statement of affairs

279

VIII. Appointments and duties of Official Liquidator

281

IX. Proceedings by or against directors, promoters and officers when the company is being wound-up by the Court

284

X. General meetings of creditors and contributories in a winding-up by the Court and of creditors in a creditors' voluntary winding-up

285

XI. Disclaimer

294

XII. List of contributories in a winding-up by the Court

295

XIII. Collection and distribution of company's assets by Official Liquidator

296

XIV. Calls

296

XV. Ascertainment of company's liabilities

297

XVI. Proof of debts

299

XVII. Dividends in a winding-up by the court

301

XVIII. Payment in of moneys and deposit of securities

301

XIX. Sales of property

302

XX. Examination of witnesses

303

XXI. Sanction of the Court

303

XXII. Costs and expenses payable out of the assets of the company

303

XXIII. Statements by Liquidator to the registrar of companies

304

XXIV. Payment of unclaimed dividends and unapplied or undistributable balances into The Companies Liquidation Account

305

XXV. File of proceedings

308

XXVI. Applications to stay or restrain proceedings

308

XXVII. Applications under sections 201, 245, 247 or 279

309

XXVIII. Application un'er section 234, 236, 237, 243, 287(3), 299, 347 or 384

309

XXIX. Termination of winding-up by the Court

309

XXX. Applications in voluntary winding-up

310

XXXI. Forms in voluntary winding-up

310

75

PROCEDURE ON APPLICATIONS UNDER THE COMPANIES ACTS OTHER THAN THOSE RELATING TO WINDING-UP:

I. Preliminary

310

II. Title of proceedings

311

III. Applications

312

IV. Summons for directions

316

V. Proceedings when inquiry directed

317

VI. Order confirming a reduction of capital

320

VII. Appeal against refusal to register a name

320

VIII. Applications to sanction the redemption of preference shares by a private company

321

IX. Service of petitions

321

76

BANKRUPTCY

I. Preliminary

321

II. Delegation of powers

322

III. Proceedings generally

324

IV. Debtor's summons

325

V. Service of debtor's summons

327

VI. Security

328

VII. Declaration of insolvency

328

VIII. Bankruptcy petition

329

IX. Adjudication of bankruptcy

331

X. Motions and practice

333

XI. Proceedings by charge and discharge

335

XII. Sale of property mortgaged or pledged

336

XIII. Discovery

337

XIV. Person under disability

338

XV. Public sittings of the Court

338

XVI. Authority to vote

339

XVII. Evidence

339

XVIII. Proof of debt of secured creditors

340

XIX. Joint and separate estates

341

XX. Trial by jury

341

XXI. Execution

342

XXII. Absconding debtor

342

XXIII. Salary and income

342

XXIV. Corrupt agreement with creditor

343

XXV. The bankrupt's statement of affairs

343

XXVI. Creditors' Assignee

344

XXVII. Composition after bankruptcy

344

XXVIII. Arrangement under the control of the Court

345

XXIX. Consent of surety

348

XXX. Realisation of bankrupt's estate and effects

348

XXXI. Disclaimer

349

XXXII. Proof of debts and dividends

350

XXXIII. Preferential payments in bankruptcy and arrangement

355

XXXIV. Final Examination

356

XXXV. Certificate of conformity

356

XXXVI. Enforcement of debt against a bankrupt who has not obtained a certificate of conformity

358

XXXVII. Records of proceedings

358

XXXVIII. Official Assignee

359

XXXIX.The Unclaimed Dividend Account

361

XL. Proceedings in local courts

362

XLI. General

363

77

FUNDS IN COURT:0.0104167>

I. Preliminary

363

II. Preparation of orders to be acted upon by the Accountant and particulars relating thereto

364

III. Lodgment of funds in Court

370

IV. Appropriation under Order 22, rule 9, of money lodged in Court

373

V. Payment, delivery and transfer of funds out of Court and other dealings with the funds

373

VI. Investments

380

VII. Calculation of residues, evidence of life, &c.

382

VIII. Deposits under the central Bank Act, 1941

383

IX. Deposits under the central Bank Act, 1941

384

X. Deposits under the Auctioneers and House Agents Act, 1947

386

XI. Miscellaneous

387

XII. The Companies Liquidation Account

391

78

DEPOSIT OF POWERS OF ATTORNEY

391

79

THE PROBATE OFFICE:

392

I. Application for probate or letters of administration

394

II. Execution of a will

399

III. Interlineations and alterations

400

IV. Erasures and obliterations

400

V. Documents referred to in a will

400

VI. Appearance of the paper

401

VII. Pencil writing on wills

401

VIII. Application by Trust Corporation

401

IX. Limited administration

401

X. Administration under the Succession Act, 1965

402

XI. Grant to an attorney

402

XII. Grant to a gaurdian

402

XIII. Grant to a Committee

402

XIV. Administrator's oath

403

XV. Administration bond

403

XVI. Issue of grant

404

XVII. Renunciation

404

XVIII. Affidavits

405

XIX. Caveats

405

XIX. Citations

406

XXI. Production of will

408

XXII. Blind and illeterate testator

409

XXIII. Alteration in grant

409

XXIV. Notice to Attorney General

409

XXV. Transmission of papers

410

XXVI. Copies of wills

410

XXVII. Production of documents

411

XXVIII. Sureties

411

XXIX. Personal application for grant

411

XXX. Miscellaneous

412

80

THE DISTRICT PROBATE REGISTRIES:

I. Application for probate or letters of administration

414

II. Execution of a will

419

III. Interlineations and alterations

420

IV. Erasures and obliterations

420

V. Documents referred to in a will

420

VI. Appearance of the paper

421

VII. Pencil writing on wills

421

VIII. Doubtful cases

421

IX. Application by Trust Corporation

421

X. Limited administration

422

XI. Administration under the Succession Act, 1965

422

XII. Grant to an attorney

422

XIII. Grant to a guardian

423

XIV. Administrator's oath

423

XV. Administration bond

423

XVI. Issue of grant

424

XVII. Renunciation

425

XVIII. Revocation and alteration of grant

425

XIX. Affidavits

426

XX. Caveats

426

XXI. Citations and subpoenas

427

XXII. Blind and illiterate testator

427

XXIII. Alteration in grant

427

XXIV. List of grants

428

XXV. Notice to Attorney Genral

428

XXVI. Transmission of papers

428

XXVII. Copies of wills

429

XXVIII. Production of documents

429

XXIX. Sureties

430

XXX. Personal application for grant

430

XXXI. Miscellaneous

431

81

THE BILLS OF SALE (IRELAND) ACTS, 1879 AND 1883

432

82

DEEDS OF ARRANGEMENT

433

83

CONSTRUCTION OF WRITTEN INSTRUMENTS

435

84

JUDICIAL REVIEW AND ORDERS AFFECTING PERSONAL LIBERTY

435

I. Habeas corpus

436

II. Attachment for contempt

438

III. Bail

438

IV. Recognizances

438

V. Judicial Review

439

85

CENTRAL CRIMINAL COURT

445

86

COURT OF CRIMINAL APPEAL:0.0104167>

I. Preliminary

446

II. Certificate of the judge of the Court of trial

447

III. Notice of appeal

447

IV. Enlargement of time for appealing

449

V. Appeal where fine only is inflicted

449

VI. Suspension of orders of trial judge pending appeal

450

VII. Official stenographer and transcript

453

VIII. Exhibits and documents relating to trail

454

IX. Documents for use of the Court and appellants

454

X. Report of trial judge

455

XI. Bail

455

XII. Cause list

458

XIII. Abondonment of appeal

458

XIV. Examination of witnesses

459

XV. Hearing of appeals and other applications

460

XVI. Miscellaneous

461

87

APPEALS TO THE SUPREME COURT FROM THE CENTRAL CRIMINAL COURT

463

88

INSURANCE DEPOSITS

466

89

THE AUCTIONERS AND HOUSE AGENTS ACT, 1947-1973

467

90

THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

467

91

THE ROAD TRAFFIC ACTS, 1961 TO 1978

468

92

THE HOUSING ACT, 1966

469

93

THE FISHERIES (CONSOLIDATION) ACT, 1959

470

94

PATENTS, DESIGNS, TRADE MARKS AND COPYRIGHT:

I. General

470

II. Actions for infringement of patent

471

III. Amendment of specification

473

IV. Petition for revocation of a patent

474

V. Petition for extension of the term of a patent

VI. Appeals to the Court

478

VII. Other applications to the Court

479

95

PROFESSIONAL DISCIPLINARY BODIES

480

96

THE REGISTRATION OF TITLE ACT, 1964

482

97

PARLIAMENTARY ELECTION PETITIONS

484

98

EXTRADITION ACT, 1965

492

99

COSTS

I. Rights to costs

493

II. Limitation of costs

495

III. Amount of costs

496

IV. Taxation of costs

498

V. Review of taxation

512

VI. Costs of judgment in default

514

VII. Costs of execution

515

VIII. Judicial Review and Orders affecting personal liberty

516

IX. Non-contentious probate matters

516

X. Bankruptcy

516

100

REGISTRATION OF BUSINESS NAMES ACT, 1963

518

101

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1979

519

102

TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982

519

103

LOCAL GOVERNMENT (PLANNING ADN DEVELOPMENT) ACT, 1976

520

104

CONSUMER INFORMATION ACT, 1978

521

105

APPEALS FROM THE EMPLOYMENT APPEALS TRIBUNAL

522

106

APPEALS FROM THE LABOUR COURT

523

107

THE TRADE UNION ACT, 1971

524

108

LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977

524

109

INDUSTRIAL AND PROVIDENT SOCIETIES (AMENDMENT) ACT, 1978

526

110

MALICIOUS INJURIES ACT, 1981

527

111

AIR NAVIGATION (EUROCONTROL) ACTS, 1963 TO 1983

528

112

APPEALS UNDER THE HOUSING (PRIVATE RENTED DWELLING) (AMENDMENT) ACT, 1983

529

113

THE LIFE ASSURANCE COMPANIES (PAYMENT INTO COURT) ACT, 1896

529

114

OFFICERS

532

115

ORDERS OF THE COURT

532

116

SEALS

533

117

PAPER, PRINTING AND COPIES OF DOCUMENTS

534

118

SITTING AND VACATIONS

536

119

MODE OF ADDRESS OF JUDGES: ROBES OF BENCH AND BAR

538

120

INTERPRETERS AND TRANSLATIONS

539

121

SERVICE OF DOCUMENTS

540

122

TIME

542

123

SHORTHAND REPORTING

544

124

EFFECT OF NON-COMPLIANCE

545

125

INTERPRETATION AND FORMS

546

126

GENERAL

549

APPENDIX

A.

Part I: ORIGINATING SUMMONS

[1]

II: APPEARANCE

[4]

B.

Part I: INDORSEMENT OF CHARACTER OF PARTIES

[6]

II: GENERAL INDORSEMENT OF CLAIM

[6]

III: SPECIAL INDORSEMENT OF CLAIM

[10]

IV: STATEMENT OF CLAIM

[12]

DEFENCE

[13]

REPLY

[13]

C.

NOTICES, AFFIDAVITS &c.

[14]

D.

Part I: EVIDENCE

[27]

II: EVIDENCE TAKEN ABROAD

[29]

III: FOREIGN PROCEEDINGS

[31]

E.

JUDGMENT

[34]

F.

EXECUTION:

Part I: PRAECIPE

[37]

II: ORDERS

[38]

G.

THE EXAMINER

[48]

H.

SOLICITORS

[68]

I.

APPEALS FROM CIRCUIT COURT

[71]

J.

ADMIRALTY:

Part I: ORIGINATING SUMMONS

[73]

II: MISCELLANEOUS

[74]

III: CENERAL INDORSEMENT OF CLAIM

[81]

IV: STATEMENT OF CLAIM

[82]

V: DEFENCE

[84]

K.

WARDS OF COURT

[85]

L.

MATRIMONIAL

[102]

M.

WINDING-UP OF COMPANIES

[107]

N.

PROCEDURE ON APPLICATIONS UNDER THE COMPANIES ACTS, OTHER THAN THOSE RELATING TO WINDING-UP

[153]

O.

BANKRUPTCY

[160]

P.

FUNDS IN COURT

[200]

Q.

PROBATE

[212]

R.

BILLS OF SALE

[232]

S.

DEEDS OF ARRANGEMENT

[235]

T.

JUDICIAL REVIEW AND ORDER AFFECTING PERSONAL LIBERTY

[240]

U.

COURT OF CRIMINAL APPEAL

[246]

V.

ELECTION PETITIONS

[263]

W.

COSTS:

Part I: GENERAL

[267]

II: COSTS OF JUDGMENT IN DEFAULT OF APPEARANCE

[276]

III: NON-CONTENTIOUS PROBATE MATTERS

[276]

IV: BANKRUPTCY

[284]

V: APPEALS FROM CIRCUIT COURT

[286]

VI: FEES PAYABLE TO COMMISSIONERS FOR OATHS

[286]

Z.

ANNULMENT OF RULES

[287]

ORDER 1. COMMENCEMENT OF PROCEEDINGS.

1. Save as otherwise provided in these Rules, civil proceedings in the High Court shall be instituted by a summons of the Court to be called an originating summons.

2. An originating summons for the commencement of plenary proceedings with pleadings and hearing on oral evidence (in these Rules called a plenary summons) shall (save in admiralty proceedings) be in the Form No. 1 in Appendix A Part I.

3. An originating summons for the commencement of summary proceedings without pleadings and to be heard on affidavit with or without oral evidence (in these Rules called a summary summons) shall, in the case of any claim mentioned in Order 2, rule 1, be in the Form No. 2 in Appendix A, Part I.

4. An originating summons for the commencement of summary proceedings without pleadings and to be heard on affidavit with or without oral evidence (in these Rules called a special summons) shall, in the case of any claim mentioned in Order 3 (other than in admiralty proceedings) be in the Form No. 3 in Appendix A, Part I.

5. Any costs occasioned by the use of any forms of summonses or of indorsements thereon, other or more prolix than the forms in these Rules prescribed shall be borne by the party using the same, unless the Court shall otherwise direct.

6. In all proceedings (other than to take a minor into wardship) commenced by originating summons, procedure by plenary summons shall be obligatory except where procedure by summary summons or by special summons is required or authorised by these Rules.

ORDER 2. PROCEDURE BY SUMMARY SUMMONS.

1. Procedure by summary summons may be adopted in the following classes of claims:—

(1) In all actions where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising—

( a ) upon a contract, express or implied (as, for instance, on a bill of exchange, promissory note, or cheque, or other simple contract debt); or

( b ) on a bond or contract under seal for payment of a liquidated amount of money; or

( c ) on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or

( d ) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or

( e ) on a trust.

(2) In actions where a landlord seeks to recover possession of land, with or without a claim for rent or mesne profits—

( a ) against a tenant whose term has expired or has been duly determined by notice to quit; or

( b ) for non-payment of rent.

(3) Claims in which the plaintiff in the first instance desires to have an account taken.

2. Procedure by summary summons may be adopted by consent of all parties in the case of a claim not coming within any of the classes in rule 1.

ORDER 3. PROCEDURE BY SPECIAL SUMMONS.

Procedure by special summons may be adopted in the following classes of claims:—

(1) The administration of the real or personal estate of a deceased person, or the administration of the trust of any deed or instrument save where there is a charge of wilful default or breach of trust.

(2) The determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin or heir-at-law of a deceased person, or cestui que trust under the trust of any deed or instrument, or claiming by assignment or otherwise under any such person.

(3) The payment into Court of any money in the hands of executors, administrators or trustees.

(4) A direction to any executors, or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees (including the furnishing and vouching of accounts).

(5) The approval of any sale, purchase, compromise, or other transaction in connection with the administration of any estate or trust.

(6) The determination of any question arising in the administration of any estate or trust or the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others.

(7) The determination of any question of construction arising under any deed, will, or other written instrument, and a declaration of the rights of the persons interested.

(8) The determination, under the Finance Act, 1894, section 14 (2), of a dispute as to the proportion of estate duty to be borne by any property or person.

(9) Any relief under the Settled Land Acts, 1882 to 1890, or the Conveyancing Acts, 1881 to 1911.

(10) Where no proceeding is pending by reason whereof the infant is a ward of Court, an application as to any of the following matters:—

( a ) sections 12, 16 and 17 of the Infants Property Act, 1830, as extended to Ireland by the Infants Property (Ireland) Act, 1835; section 4 of the Leasing Powers Act for Religious Worship in Ireland, 1855, as extended by the Glebe Lands (Ireland) Act, 1875, and the Leases for Schools (Ireland) Act, 1881;

( b ) the settlement of any property of an infant on marriage under the Infants Settlements Act, 1855, as extended to Ireland by the Infants Settlements (Ireland) Act, 1860;

( c ) the guardianship, care and maintenance or advancement of any infant.

(11) The appointment of a trustee or a new trustee with or without a vesting or other consequential order; or a vesting order or other order consequential on the appointment of a new trustee, whether the appointment is made by the Court or out of Court; or a vesting or other consequential order in any case where a judgment or order has been given or made for the sale, conveyance or transfer of any land or stock; or a vesting order under the Trustee Act, 1893, section 39; or an order directing a person to convey.

(12) The determination of any question under the Vendor and Purchaser Act, 1874, section 9.

(13) Any relief under the Married Women's Status Act, 1957 section 12.

(14) Any relief under the Trustee Act, 1893, sections 42 or 44.

(15) Sale, delivery of possession by a mortgagor, or redemption; reconveyance, or delivery of possession by a mortgagee.

(16) Any relief in respect of funds lodged in Court pursuant to the Land Clauses Consolidation Act, 1845, section 69.

(17) An interpleader order.

(18) Applications in connection with the lodgment in Court of any funds, the investment of any funds lodged in Court, or the payment out of any funds lodged in Court, whether pursuant to the provisions of any statute or otherwise, where there is no pending proceedings in respect thereof and no other procedure prescribed or required by these Rules.

(19) Applications for the taxation and delivery of bills of costs and for the delivery by any solicitor of deeds, documents and papers where there is no pending proceeding in which the application may be made.

(20) Any other proceeding in which procedure by special summons is required or authorised by these Rules.

(21) Any other proceeding which is required or authorised by statute to be brought in a summary manner and for which no other procedure is prescribed by these Rules.

(22) Such other matters as the Court may think fit to dispose of by special summons.

ORDER 4. I. INDORSEMENT OF CLAIM.

1. An indorsement of claim shall be made on every originating summons before it is issued.

2. The indorsement of claim on a plenary summons shall be entitled "GENERAL INDORSEMENT OF CLAIM" and there shall be an indorsement of the relief claimed and the grounds thereof expressed in general terms in such one of the forms in Appendix B, Part II, as shall be applicable to the case, or, if none be found applicable, then such other similarly concise form as the nature of the case may require.

3. In the indorsement required by rule 2 it shall not be essential to set forth the precise ground of complaint or the precise remedy or relief to which the plaintiff considers himself entitled.

4. The indorsement of claim on a summary summons and on a special summons shall be entitled "SPECIAL INDORSEMENT OF CLAIM," and shall state specifically and with all necessary particulars the relief claimed and the grounds thereof. The indorsement of claim on a summary summons or a special summons shall be in such one of the forms in Appendix B, Part III, as shall be applicable to the case, or, if none be found applicable, then such other similarly concise form as the nature of the case may require.

5. (1) Whenever a claim indorsed on a summary summons is for a liquidated sum only, the indorsement, besides stating the amount claimed in respect of the demand, shall state the amount claimed for costs, and shall further state that on payment of such amounts for demand and costs within six days after service, or in the case of a summons not for service within the jurisdiction, within the time limited for appearance, further proceedings will be stayed.

(2) The amount claimed for costs shall be:—

( a ) If the demand does not exceed £2.500

Such sum as would be appropriate to a proceeding for a like amount in the District Court.

( b ) If the demand exceeds £2,500 but does not exceed £15,000

Such sum as would be appropriate to a proceeding for a like amount in the Circuit Court.

( c ) If the demand exceeds £15,000

£55.00 with £5.00 for each additional service after the first, and the costs of any order for issue and service, or service of the summons or notice in lieu thereof outside the jurisdiction, or for substituted or other service, or for the substitution of notice for service, or for declaring service effected sufficient, or for notice by advertisement of the issue of the summons, and this amount shall be exclusive of and in addition to all actual and necessary outlay.

(3) The statement shall be in the form incorporated in the Form No. 2 in Appendix A, Part I. In any case within this rule the defendant may, notwithstanding payment, have the costs taxed, and if more than one-sixth of the amount paid shall be disallowed the amount disallowed shall be refunded and the plaintiff's solicitor shall pay the costs of taxation.

6. In any proceeding for the recovery of land the summons shall contain the description of the property sought to be recovered with reasonable certainty, and shall state the county and county district or the city or town and parish, in which the same is situated. No error or omission in respect of any of the matters aforesaid shall render such summons void or irregular but may be ground for an application to the Court for particulars of the property claimed.

7. In any proceeding for the recovery of land any tenant, under-tenant, or other person in actual possession of the property sought to be recovered, or any part thereof, may be named as defendant, and the summons shall be directed to such tenant, under-tenant, or other person, with the addition of the words "and all persons concerned."

8. In all actions to which the Land Law (Ireland) Act, 1896, section 12, applies, for the recovery of a holding agricultural or pastoral, or partly agricultural and partly pastoral, in its character, or of lands including such a holding, for non-payment of rent, the summons shall be specially indorsed with a statement of the plaintiff's claim. Such special indorsement shall state that:—

( a ) there is no person in occupation as tenant otherwise than as immediate tenant to the plaintiff of the premises sought to be recovered or any part thereof, and the plaintiff claims to recover clear possession of the same premises, and to have the judgment in the action executed against all persons in occupation of the same; or

( b ) there is or are a person or persons in occupation as tenant or tenants otherwise than as immediate tenant or tenants to the plaintiff of the premises sought to be recovered or some part thereof, setting out the name of every such person.

9. If the plaintiff sues or the defendant is sued in a representative capacity, the indorsement shall show in manner appearing in such of the forms in Appendix B, Part I, as shall be applicable to the case, or by any other statement to the like effect, in what capacity the plaintiff or defendant sues or is sued.

10. In probate actions the indorsement shall show whether the plaintiff claims as creditor, executor, administrator, residuary legatee, legatee, next-of-kin, heir-at-law, devisee, or in any and what other capacity.

11. In all cases in which the plaintiff, in the first instance, desires to have an account taken, the summons shall be indorsed with the claim that such account be taken.

12. In actions by a moneylender or an assignee or by the personal representative or personal representatives of a deceased moneylender for the recovery of money lent by a moneylender or any interest thereon or the enforcement of any agreement or security relating to any such money or interest, the indorsement on the summons shall state, in addition to any other particulars, the fact that the plaintiff is a licensed moneylender, or (in an action by an assignee or by the personal representative or personal representatives of a deceased moneylender) that the original assignor, or the testator or intestate, as the case may be, was at the time of the loan a licensed moneylender, and if the action be commenced by summary summons or special summons, shall also state, in addition to any other particulars—

( a ) the date on which the loan was made;

( b ) the amount actually lent to the borrower;

( c ) the rate per cent. per annum of interest charged;

( d ) the date when the contract for repayment was made;

( e ) the fact that a note or memorandum of the contract was made, and was signed by the borrower;

( f ) the date when a copy of the note or memorandum was delivered or sent to the borrower;

( g ) the amount repaid;

( h ) the amount due but unpaid;

( i ) the date upon which such unpaid sum or sums became due;

( j ) the amount of interest accrued due and unpaid on every such sum.

13. In actions to recover a debt or liquidated demand in money arising under a hire-purchase agreement or credit-sale agreement (as defined by the Hire-Purchase Act, 1946 ) or any contract of guarantee relating to such an agreement, the special indorsement of claim on a summary summons shall state, in addition to any other particulars, that the requirements specified in section 3 or section 4 (as the case may be) of the Hire-Purchase Act, 1946 , have been complied with.

II. INDORSEMENT OF ADDRESS.

14. The solicitor of a plaintiff shall indorse upon the summons and notice in lieu of service of a summons, the address and occupation or description of the plaintiff and also his own name or that of his firm and the registered place of business where summonses, notices, pleadings, petitions, orders, warrants and other documents may be left for him.

15. A plaintiff suing in person shall indorse upon the summons and notice in lieu of service of a summons his occupation or description and an address for service within the jurisdiction, where summonses, notices, pleadings, petitions, orders, warrants and other documents may be left for him.

16. In all cases where proceedings are commenced otherwise than by summons, rules 14 and 15 shall apply to the document by which such proceedings originate as if it were a summons.

ORDER 5. ISSUE OF SUMMONSES AND PETITIONS.

1. Save as otherwise provided in these Rules, every originating summons shall be issued out of the Central Office.

2. Originating summonses shall be prepared by the plaintiff or his solicitor, and shall be written or printed, or partly written and partly printed, on paper of the same description as by these Rules directed in the case of proceedings directed to be printed.

3. Save as hereinafter otherwise provided, no originating summons shall, at the time of issue, be assigned to any Judge.

4. Subject to the power of transfer, the following originating summonses shall, at the time of issue, be assigned to such Judge or Judges as the President of the High Court may from time to time assign to hear such originating summonses:—

(1) Every special summons relating to any particular class of claim.

(2) Every originating summons relating to any of the matters following:—

(a) the administration of the estates of deceased persons;

(b) the dissolution of partnership or the taking of partnership or other accounts;

(c) the redemption or foreclosure of mortgages;

(d) the raising of portions or other charges on land;

(e) the sale and distribution of the proceeds of property subject to any lien or charge;

(f) the execution of trusts, charitable or private;

(g) the rectification or setting aside or cancellation of deeds or other written instruments;

(h) the specific performance of contracts between vendors and purchasers of land, including contracts for leases, and also the specific performance of any other contracts in respect of which the Court would decree performance;

(i) the partition or sale of real estates, including chattels real;

(j) any other matters formerly within the exclusive jurisdiction of the former Court of Chancery or the former Chancery Division of the former Supreme Court of Judicature or any Judge or Judges thereof (other than (i) the wardship of infants and the care of infants' estates or (ii) matters formerly within the exclusive cognizance of the former Landed Estates Court).

(3) Every originating summons relating to such other matter or matters as Rules of Court may from time to time specify.

5. In the case of any originating summons within rule 4, it shall be the duty of the officer issuing the summons to mark and assign the summons for the Judge assigned as mentioned in the said rule or (if more than one Judge has been so assigned) for the Judges so assigned in rotation. Any case of doubt or difficulty shall be determined by the Master and the assignment or non-assignment of any summons at the time of issue shall be without prejudice to the power of the Master to vary or alter such assignment or non-assignment.

6. Where an originating summons has been so assigned under rules 4 and 5 to a particular Judge or has (whether assigned or not) been heard by a particular Judge, every subsequent summons, notice of motion, or petition, relating to the same matter, or so connected therewith as to be conveniently dealt with by the same Judge, shall whenever practicable be marked by the proper officer with the name of such Judge, and the party or solicitor presenting such summons, notice of motion, or petition, shall, if there be to his knowledge such relation or connection, so certify. Such certificate shall be in the Form No. 5 in Appendix A, Part I; and such certificate shall be countersigned by the Registrar of the Judge to whom such originating summons had been assigned or by whom such originating summons had been heard as the case may be.

7. There shall be books in the Central Office to be called Cause Books in which all proceedings commenced by originating summons, issued out of the Central Office, shall be entered. Every summons shall be entered consecutively in order of issue and shall be distinguished by the date of the year and a number in consecutive order commencing on the first day of January in each year, with or without a distinguishing letter or other sign; and the said date and number, together with the distinguishing letter or sign (if any) shall constitute the record number of the proceeding.

8. Every originating summons shall bear date of the day of issue and shall be authenticated in the name of the Chief Justice, or if the office of Chief Justice be vacant, in the name of the President of the High Court and shall be sealed with the seal of the High Court.

9. Every originating summons shall be sealed and marked with the record number by the proper officer, and shall thereupon be deemed to be issued. No originating summons shall be served until the same shall have been so sealed and marked.

10. One duplicate or more of every originating summons shall be so sealed and marked on the application of the plaintiff or his solicitor.

11. The plaintiff or other party or his solicitor shall, on presenting an originating summons for sealing, leave with the proper officer a copy, written or printed, or partly written and partly printed, on paper of the description aforesaid, of such summons and all the indorsements thereon, and such copy shall be signed by the solicitor leaving the same, or by the plaintiff himself if he sues in person.

12. The officer receiving the copy summons pursuant to rule 11 shall cause the same to be marked with the record number and to be filed and shall also cause an entry of the particulars thereof to be made in the appropriate Cause Book as hereinbefore provided.

13. The issue of a summons in probate proceedings shall be preceded by the filing of an affidavit made by the plaintiff or one of the plaintiffs in verification of the indorsement on the summons. On issuing the summons the plaintiff shall, if he has not already so done, lodge a caveat in the Probate Office entitled in the estate of the deceased person.

14. No summons for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of the Court.

15. Save as otherwise provided in these Rules, every petition to the Court shall be presented by leaving it with the proper officer at the Central Office. Subject thereto, the foregoing provisions of this Order shall apply to a petition in the same manner as they apply to an originating summons, and references in this Order to "originating summons" and "plaintiff" shall be construed as including references to "petition" and "petitioner" respectively.

16. At the foot of every petition presented to the Court, and of every copy thereof, a statement shall be made of the persons, if any, intended to be served therewith, and if no person is intended to be served a statement to that effect shall be made at the foot of the petition and of every copy thereof.

17. Unless the Court gives leave to the contrary there must be at least two clear days between the service and the day for hearing of a petition.

ORDER 6. CONCURRENT SUMMONSES.

1. The plaintiff in any proceedings may, at the time of, or at any time during twelve months after the issuing of the originating summons, issue one or more concurrent summons or summonses, each concurrent summons to bear the same date of issue as the original summons, and to be marked with a seal bearing the word "concurrent" and the date of issue of the concurrent summons; and such seal shall be impressed upon the summons by the proper officer; provided always, that such concurrent summons or summonses shall only be in force for the period during which the original summons in such proceedings shall be in force.

2. A summons for service within the jurisdiction may be issued and marked as a concurrent summons with one for service, or of which notice in lieu of service is to be given, out of the jurisdiction; and a summons for service, or of which notice in lieu of service is to be given, out of the jurisdiction may be issued and marked as a concurrent summons with one for service within the jurisdiction.

ORDER 7. SOLICITORS.

1. Every solicitor whose name shall be indorsed on any summons or other originating document shall, on demand in writing made by or on behalf of any defendant who has been served with the same or with notice thereof, or has appeared thereto, declare forthwith in writing whether such summons or other originating document has been issued by him or with his authority or privity; and if such solicitor shall declare that the summons or other originating document was not issued by him or with his authority or privity all proceedings upon the same shall be stayed, and no further proceedings shall be taken thereon without leave of the Court.

2. (1) A party suing or defending by a solicitor shall, save in any matrimonial cause or matter, be at liberty to change his solicitor or to discharge his solicitor and sue or defend in person, and any party suing or defending in person shall be at liberty to appoint a solicitor, in any cause or matter, without an order for that purpose, upon notice of such change, discharge, or appointment being filed in the Central Office, but until such notice is so filed and a copy thereof served as hereinafter provided, no such change, discharge, or appointment shall be deemed to have taken effect.

(2) The party giving such notice shall serve a copy thereof upon every other party to the proceedings (not being a party in default as to entry of appearance).

(3) Every such notice shall state a registered place of business or address for service as prescribed by Order 4.

(4) The party giving any such notice may perform the duties prescribed by this rule either in person or (except where he intends to act in person) through his new solicitor.

3. (1) Where a solicitor who has acted for a party in any proceedings has died or become bankrupt or cannot be found or has failed to take out a practising certificate or has been struck off the roll of solicitors or has ceased to act for the party, and the party has not given notice of change of solicitor or notice of intention to act in person in accordance with the provisions of rule 2, any other party to the proceedings or (where the solicitor has ceased to act) the solicitor may, on notice to be served on the first-mentioned party, personally, or by letter addressed to his last-known place of residence, unless the Court otherwise directs, apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the proceedings, and the Court may make an order accordingly.

(2) Where such order shall have been made the party or the solicitor who applied therefor shall forthwith give a notice to the same effect as the order, and the provisions of rule 2 as to filing and service shall apply thereto with the necessary modifications and subject to any direction in such order as to service on the first-mentioned party.

(3) Where the party or solicitor who applied for such order shall have complied with the said provisions then, if the first-mentioned party does not appoint another solicitor or give such an address for service as is required of a party acting in person, and comply with the provisions of rule 2, any documents in respect of which personal service is not requisite may be served on the said party by being filed with the proper officer.

(4) Where the said order is made on the application of a solicitor, such solicitor shall, subject to the provisions of rules 2 and 3 be considered the solicitor of the party to the final conclusion of the proceedings unless and until he has complied with the provisions of paragraph (2) of this rule.

4. An order under the provisions of rule 3 may be made on an ex parte application unless the Court shall otherwise direct.

5. Any order made under the provisions of rule 3 shall not affect the rights of the solicitor and the party as between themselves.

ORDER 8. RENEWAL OF SUMMONS.

1. No original summons shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the Master for leave to renew the summons. After the expiration of twelve months, an application to extend time for leave to renew the summons shall be made to the Court. The Court or the Master, as the case may be, if satisfied that reasonable efforts have been made to serve such defendant, or for other good reason, may order that the original or concurrent summons be renewed for six months from the date of such renewal inclusive, and so from time to time during the currency of the renewed summons. The summons shall in such case be renewed by being stamped with the date of the day, month and year of such renewal; such stamp to be provided and kept for that purpose in the Central Office and to be impressed upon the summons by the proper officer, upon delivery to him by the plaintiff or his solicitor of a memorandum in the Form No. 4 in Appendix A, Part I; and a summons so renewed shall remain in force and be available to prevent the operation of any statute whereby a time for the commencement of the action may be limited and for all other purposes from the date of the issuing of the original summons.

2. In any case where a summons has been renewed on an ex parte application, any defendant shall be at liberty before entering an appearance to serve notice of motion to set aside such order.

3. The production of a summons purporting to be marked with a stamp showing the same to have been renewed in the matter aforesaid, shall be sufficient evidence of its having been so renewed and of the commencement of the action as of the first date of such renewed summons for all purposes.

4. Where a summons, of which the production is necessary, has been destroyed or lost, the Court upon being satisfied of the destruction or loss, and of the correctness of a copy thereof, may order that such copy shall be sealed and served in lieu of the original summons.

ORDER 9. SERVICE OF SUMMONS.

I. Mode of service.

1. No service of a summons shall be required when the defendant, by his solicitor, accepts service, and undertakes in writing to enter an appearance.

2. Service of any summons on the defendant shall, except in the cases in the following rules of this Order specified, be effected by personal service if it be reasonably practicable. Where it shall appear by affidavit that such defendant is personally within the jurisdiction and that due and reasonable diligence has been exercised in endeavouring to effect such personal service, service of such summons may be effected by delivering a copy thereof at the defendant's house or place of residence, or at his or her office, warehouse, counting house, shop, factory, or place of business, to the wife, husband, child, father, mother, brother, or sister of the defendant, or to any servant or clerk of the defendant (the person to whom such copy shall be delivered being of the age of sixteen years or upwards) and showing to such person the original or duplicate original of such summons.

3. Personal service shall be effected by delivering a copy of the summons to the defendant in person, and showing him the original or duplicate original.

II. On particular defendants.

4. When husband and wife are both defendants in any proceedings, they shall both be served unless the Court shall otherwise order.

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

6. When a lunatic or person of unsound mind not so found by inquisition is a defendant in any proceedings, service on the committee of the lunatic, or on the person with whom the person of unsound mind resides or under whose care he is, shall, unless the Court otherwise orders, be deemed good service on such defendant.

7. In the absence of any statutory provision regulating service, every summons issued against a corporation aggregate may be served on the mayor or other head officer, or on the town clerk, clerk, treasurer, or secretary of such corporation; and every summons issued against the inhabitants of a county district or other like district may be served on any officer of the Gárda Síochána not below the rank of superintendent stationed in the county in which such district is situate and every summons issued against the inhabitants of any county or any city or town, or the inhabitants of any franchise, liberty, city, town, or place not being part of the county district or other like district on some peace officer thereof: provided always that in all such cases a sufficient notice of the issuing of the summons shall be given in Iris Oifigiúil and in one of the local newspapers of the county, city, or district in which the defendant or defendants or the officer or other person to be served shall reside, the times for appearing to run in such cases from the day of the publication of such notice in Iris Oifigiúil or such newspaper, whichever shall be the latest; and where, by any statute, provision is made for service of any proceedings upon any corporation, or upon any society or fellowship, or any body or number of persons, whether corporate or incorporate, every summons may be served in the manner so provided.

III.In particular actions.

8. In an action brought for recovery of land for non-payment of rent or for overholding, it shall not be necessary to serve the summons upon any person other than the person or persons in the actual possession of the land or any part thereof, as tenant or under-tenant.

9. In other actions for the recovery of land, it shall be necessary to serve every person in actual possession, or in receipt of the rents and profits, of the lands or any part thereof, unless the Court shall otherwise direct.

10. In actions for the recovery of land service of a summons may be effected either by personal service on the person to be served at any place within the jurisdiction or by delivering a copy of such summons to the wife, husband, child, father, mother, brother, or sister, of such person, at her house, or office, or place of business (the person with whom such copy shall be left being of the age of sixteen years or upwards), and showing to such person the original or duplicate original of such summons, and such service as last aforesaid may be effected whether the person to be served is within the jurisdiction or not.

11. Service of a summons in an action to recover land may, in the case of vacant possession, when it cannot otherwise be effected, be made by posting a copy of the summons upon the door of the dwellinghouse or other conspicuous part of the property; provided, however, that in such case before any judgment by default shall be given, the Court shall be satisfied that there was no person in actual possession or in receipt of the rents and profits on whom other service might have been effected.

IV.General.

12. The person serving a summons shall, within three days at most after service, indorse on the summons the day and date of the service thereof; and every affidavit of service of such summons shall mention the date on which such indorsement was made.

13. Every affidavit of service of a summons in actions for the recovery of land for non-payment of rent, or for overholding, shall state that the deponent does not know of any person, other than those who have been served, who is in actual possession of the land sought to be recovered or any part thereof, as tenant or under-tenant.

14. Every affidavit of service of a summons in other actions for recovery of land, shall state that the deponent does not know of and does not believe that there is any person, other than those who have been served, in the actual possession or in receipt of the rents and profits of the land sought to be recovered, or any part thereof, and the said statement shall be verified by the affidavit of the plaintiff or of one of the plaintiffs, or of the solicitor for the plaintiff.

15. In any case the Court may, upon just grounds, declare the service actually effected sufficient.

16. This Order, so far as practicable, shall apply to the originating document in proceedings not commenced by summons and to notice in lieu of service.

ORDER 10. SUBSTITUTED SERVICE.

1. If it be made to appear to the Court that the plaintiff is from any cause unable to effect prompt personal service, or such other service as is prescribed by these Rules, the Court may make an order for substituted or other service, or for the substitution for service of notice by advertisement or otherwise.

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

3. Whenever any such order shall be made a copy thereof shall be served along with the summons or the notice as the case may be.

ORDER 11. SERVICE OUT OF THE JURISDICTION.

1. Service out of the jurisdiction of an originating summons or notice of an originating summons may be allowed by the Court whenever—

( 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 personal estate of any deceased person, who, at the time of his death, was domiciled within the jurisdiction, or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument, of which the person to be served is a trustee, which ought to be executed according to the law of Ireland; or

( 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 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

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

( g ) 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

( h ) 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

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

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

( k ) the proceeding relates to an arbitration held or to be held within the jurisdiction; or

( l ) the proceeding relates to the enforcement of an award under Part III of the Arbitration Act, 1980 or of the pecuniary obligations imposed by an award under Part IV of the Arbitration Act, 1980 ; or

( 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, delivery of possession by the mortgagee; but does not seek (unless and except so far as 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 personal property which, on the death of an owner thereof intestate, would form the subject matter for the grant of letters of administration to his estate out of the Probate Office; the expression "mortgage" means a mortgage charge or lien of any description; the expression "mortgagee" means a party for the time being entitled to or interested in a mortgage; and the expression "mortgagor" means a party for the time being entitled to or interested in property subject to a mortgage); or

( n ) the proceeding is brought under the provisions relating to carriage by air of the Air-Navigation and Transport Act, 1936, or

( o ) the proceeding relates to a ship registered or required to be registered under the Mercantile Marine Act, 1955 , or any share or interest therein; or

( p ) the proceeding relates to the ownership of a trade mark registered or sought to be registered in the Industrial and Commercial Property Registration Office.

2. Where leave is asked from the Court to serve a summons or notice thereof under rule 1, the Court to whom such application shall be made shall have regard to the amount or value of the claim or property affected and to the comparative cost and convenience of proceedings in Ireland, or in the place of the defendant's residence, and particularly in cases of small demands where the defendant is resident in England, Scotland, or Northern Ireland, to the powers and jurisdiction, under the statutes establishing or regulating them, or of the courts of limited or local jurisdiction in England, Scotland or Northern Ireland respectively.

3. (1) The parties to any contract may agree—

( 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 summons in any such proceeding may be effected at any place within or out of the jurisdiction on any party or on any person on behalf of any party or in any manner specified or indicated in such contract.

(2) In any such case, notwithstanding anything contained in these Rules, service of any such summons at the place (if any) or on the party or on the person (if any) or in the manner (if any) specified or indicated in the contract shall be deemed to be good and effective service wherever the parties are resident. If no place, or mode, or person be so specified or indicated, service out of the jurisdiction of such summons may be ordered.

4. In probate actions service out of the jurisdiction of a summons or notice of a summons may be allowed by the Court.

5. Every application for leave to serve a summons or notice of a summons on a defendant out of the jurisdiction shall be supported by affidavit, or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a citizen of Ireland or not, and where leave is asked to serve a summons or notice thereof under rule 1 stating the particulars necessary for enabling the Court to exercise a due discretion in the manner in rule 2 specified; and no leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order.

6. Such application shall be made before the issue of the summons, 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 to 1961, and the Courts (Supplemental Provisions) Acts, 1961 to 1981."

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

8. Where the defendant is not, or is not not known or believed to be, a citizen of Ireland, notice of the summons, and not the summons itself, shall be served upon him.

9. Subject to the provisions of this Order, notice in lieu of service shall be given in the manner in which summonses are served.

10. Whenever an order shall be made giving leave to serve a summons or notice thereof on a defendant out of the jurisdiction, a copy of such order shall be served along with the summons or notice as the case may be.

11. This Order shall apply, so far as practicable and applicable, to proceedings whether instituted by originating summons or in some other manner, and to any order or notice in any such proceedings. Where the person to be served is not a citizen of Ireland, a copy of the originating document (other than an originating summons) or of the order or notice shall be served instead of the original, together with an intimation in writing that (as the case may be) a proceeding or process in the form of the copy has been issued or otherwise launched or an order in the terms of the copy made.

12. Nothing herein contained shall in any way prejudice or affect any practice or power of the Court under which when lands, funds, choses in action, rights or property within the jurisdiction are sought to be dealt with or affected, the Court may, without affecting to exercise jurisdiction over any person out of the jurisdiction, cause such person to be informed of the nature or existence of the proceedings with a view to such person having an opportunity of claiming, opposing or otherwise intervening.

ORDER 12. APPEARANCE.

1. Appearances shall be entered in the Central Office, Four Courts, Dublin, except in the case of lunacy and minor matters, when the appearance shall be entered in the Office of Wards of Court, Four Courts, Dublin or except as otherwise provided in these Rules.

2. (1) An appearance to any plenary summons, or summary summons shall be entered within eight days after the service of the summons, exclusive of the day of service, unless the Court shall otherwise order.

(2) A defendant in proceedings commenced by special summons may enter an appearance thereto at any time, but shall not, without the leave of the Court, be entitled to be heard in such proceedings unless he has entered an appearance.

3. A defendant shall enter his appearance to an originating summons by delivering to the proper officer a memorandum in writing dated on the day of its delivery and containing the name of the defendant's solicitor, or stating that the defendant defends in person. He shall at the same time deliver to the officer a duplicate of the memorandum which the officer shall mark with an official stamp, showing the date on which the appearance is entered and then return it to the person entering the appearance, and the duplicate memorandum so marked shall be a certificate that the appearance was entered on the day indicated by the official stamp.

4. In the case of a defendant desiring to enter an appearance in person, he may in lieu of delivering to the proper officer the memorandum of appearance and the duplicate thereof, enter the appearance through the post by sending to the proper officer by pre-paid registered letter:—

( a ) a memorandum of appearance and two duplicates thereof both duly filled up;

( b ) a postal order for the prescribed fee payable on entering an appearance;

( c ) two envelopes each sufficiently stamped, one addressed to the plaintiff's solicitor (or to the plaintiff if he sues in person) at the address for service, and the other addressed to the defendant entering the appearance.

On receipt of the foregoing the proper officer shall forthwith enter the appearance as of the date when he received the memorandum, and shall mark the duplicates with the official stamp showing the date on which the appearance is entered, and shall post one duplicate to the plaintiff or his solicitor and the other duplicate to the defendant.

5. (1) A defendant shall, on the day he enters an appearance to an originating summons, give notice of his appearance to the plaintiff's solicitor, or, if the plaintiff sues in person, to the plaintiff himself by serving the marked duplicate memorandum. This may be served in the ordinary way at the address for service, or by pre-paid letter directed to that address, and posted on the day of entering appearance in due course of post. In the case of a plenary summons, the memorandum shall include a notice stating whether the defendant requires a statement of claim or not.

(2) This rule shall not apply to a defendant entering an appearance through the post under rule 4, save in so far as therein provided.

6. The solicitor of a defendant shall state in the memorandum of appearance his registered place of business.

7. A defendant appearing in person shall state in the memorandum of appearance an address for service within the jurisdiction where summonses, notices, pleadings, petitions, orders, warrants, and other documents may be left for him.

8. If the memorandum does not contain such address as is prescribed by this Order it shall not be received; and if any such address shall be illusory or fictitious, the appearance may be set aside by the Court or the Master on the application of the plaintiff.

9. The memorandum of appearance shall be in the Form No. 1 in Appendix A, Part II.

10. Upon receipt of a memorandum of appearance entered by any party or person pursuant to the provisions of this Order, the proper officer shall forthwith enter the appearance in the appropriate Cause Book.

11. If two or more defendants in the same action shall appear by the same solicitor and at the same time, the names of all the defendants so appearing shall be inserted in one memorandum.

12. A solicitor not entering an appearance in pursuance of his written undertaking so to do shall be liable to an attachment.

13. A defendant, save in actions for the recovery of land, may appear at any time before judgment. If he appear at any time after the time limited for appearance, he shall not, unless the Court shall otherwise order, be entitled to any further time for delivering his defence or for any other purpose than if he had appeared within the time limited for appearance.

14. In probate actions any person not named in the summons may intervene and appear in the action on filing an affidavit in the Central Office showing how he is interested in the estate of the deceased.

15. No person served with a summons in a proceeding for the recovery of land shall be permitted to appear after the time allowed for appearance without leave of the Court.

16. Any person served with a summons for the recovery of land although not named as a defendant therein, shall be at liberty to defend the proceeding and to enter an appearance according to the foregoing rules of this Order, entitled in the proceeding against the party named in the summons as defendant, and shall forthwith give notice of such appearance to the plaintiff's solicitor or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the proceeding.

17. An appearance entered without leave in a proceeding for the recovery of land after the time allowed for appearance has expired shall be void.

18. Any person not named as a defendant in a summons for the recovery of land and not served therewith may by leave of the Court appear and defend, on filing an affidavit showing that he is in possession of the land either by himself or by his tenant.

19. Any person appearing to defend a proceeding for the recovery of land as a landlord, in respect of property whereof he is in possession only by his tenant, shall state in his appearance that he appears as landlord.

20. Where a person not named as defendant in any summons for the recovery of land, and not served therewith has obtained leave of the Court to appear and defend, he shall enter an appearance according to the foregoing rules of this Order, entitled in the proceeding against the party named in the summons as defendant, and shall forthwith give notice of such appearance to the plaintiff's solicitor, or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the proceeding.

21. Any person appearing to a summons for the recovery of land, save where the proceeding is brought for non-payment of rent, shall be at liberty to limit his defence to a part or an undivided share only of the property mentioned in the summons, describing that part or share with reasonable certainty in his memorandum of appearance, which shall be in the Form No. 2 in Appendix A, Part II. An appearance, where the defence is not limited as above mentioned, shall be deemed an appearance to defend for the whole.

22. Where any person entering an appearance in an action for the recovery of a holding or of lands including a holding, agricultural or pastoral, or partly agricultural and partly pastoral, in its character, for non-payment of rent, is in occupation of such holding as sub-tenant thereof, and merely claims to be entitled under the Land Law (Ireland) Act, 1896 (59 & 60 Vic., c. 47) section 12, notwithstanding judgment for the plaintiff in the action to retain possession of such holding as immediate tenant to the plaintiff, and not to have such judgment executed against him, he shall be at liberty to limit his memorandum of appearance accordingly. The memorandum shall state whether such person so defends in respect of all the premises sought to be recovered or part only thereof, and shall in the latter case describe such part with reasonable certainty. It shall also state full particulars of his sub-tenancy, including the rent payable in respect thereof, the gale days, and the amount then due for arrears of such rent up to the last gale day, and the name of his immediate landlord. An appearance where the memorandum is not limited as above-mentioned, or where it does not contain the statements prescribed by this rule, shall be deemed to be an appearance to defend generally, and in respect of all the premises sought to be recovered.

23. Where an appearance is limited in accordance with rule 22 the plaintiff shall be at liberty by notice to confess the right, under the Land Law (Ireland) Act, 1896, section 12 of the person so limiting his appearance, notwithstanding judgment for the plaintiff in the action, to retain possession as immediate tenant to the plaintiff of the holding described in his memorandum of appearance. Such notice shall be served and filed in the Central Office within twenty-one days after appearance. The person whose right is so confessed shall, where the special indorsement on the summons does not deny such right, abide his own costs of appearance, unless the Court shall otherwise direct.

24. Save as in rule 22 mentioned, a defence to a summons for the recovery of land for non-payment of rent shall be a defence for all the lands and premises claimed by the indorsement thereon; and in case a defendant shall desire to take defence for part only of the lands and premises, upon the ground that such part is not included in the tenancy sought to be evicted, he shall make a special application to the Court for that purpose. Applications under this rule shall be made on notice grounded on affidavit, and may be made before appearance or within four days after appearance.

25. A party who has obtained an order under rule 24 shall describe the part of the lands to which the defence is limited either in the appearance or in a notice as prescribed in rule 21.

26. A defendant before appearing shall be at liberty to serve notice of motion to set aside the service upon him of the summons or of notice of the summons, or to discharge the order authorising such service.

27. In probate actions the plaintiff and defendant, within eight days of the entry of appearance on the part of the defendant, are respectively to file their affidavits as to scripts in the Central Office, whether they have or have not any script in their possession. Such affidavit shall be in the Form No. 22 in Appendix C.

28. Every script which has at any time been made, by or under the direction of the testator, whether will, codicil, draft of a will or codicil, or written instructions for the same, of which the deponent has any knowledge, information, or belief, is to be specified in his affidavit of scripts, and every script in the custody or under the control of the party making the affidavit is to be annexed thereto, and deposited therewith in the Central Office.

29. No party to the proceeding, nor his solicitor, shall be at liberty, except by leave of the Court, to inspect the affidavit as to scripts, or the scripts annexed thereto, filed by any party to the cause, until his own affidavit as to scripts shall have been filed.

ORDER 13. DEFAULT OF APPEARANCE.

1. Where no appearance has been entered to a summons for a defendant who is an infant or a person of unsound mind not so found by inquisition, the plaintiff shall, before taking any further step in the proceeding against the defendant, apply to the Master for an order that some proper person be assigned guardian of such defendant by whom he may appear and defend the proceeding. But no such order shall be made unless it appears on the hearing of such application that the summons was duly served, and that notice of such application was, after the expiration of the time allowed for appearance, and at least six clear days before the day in such notice named for hearing the application, served upon or left at the dwellinghouse of the person with whom or under whose care such defendant was at the time of serving such summons and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwellinghouse of the father or guardian, if any, of such infant, unless the Master at the time of hearing such application shall dispense with such last mentioned service.

2. Where any defendant fails to appear to a summons, and the plaintiff is desirous of proceeding upon default of appearance under any of the following rules of this Order or Order 37, rule 12, he shall, before taking such proceeding upon default, file an affidavit of service of the summons or notice in lieu of service, as the case may be.

3. Where an originating summons (whether plenary or summary) is indorsed with a claim for a liquidated demand, and the defendant fails, or all the defendants, if more than one, fail to appear thereto, the plaintiff may enter final judgment in the Central Office for such sum as is mentioned in the affidavit required by rule 18 not exceeding the sum indorsed on the summons, together with interest (if any) to the date of the judgment and costs. Provided that in proceedings by a money-lender, or the personal representative or representatives of a money-lender, or an assignee, for the recovery of money lent by the money-lender, or the enforcement of any agreement or security relating to any such money, judgment shall not be entered in default of appearance unless the leave of the Master or the Court as the case may be, has been obtained in accordance with the provisions of rule 14. Provided also that in actions to recover a debt or liquidated demand arising under a hire-purchase agreement or credit-sale agreement (as defined by the Hire-Purchase Act, 1946 ) or any contract of guarantee relating to such an agreement, judgment shall not be entered in default of appearance unless the leave of the Master or the Court, as the case may be, has been obtained in accordance with the provisions of rule 15.

4. In case no appearance has been entered in a proceeding for the recovery of land within the time limited for appearance, or if an appearance be entered but the defence be limited to part of or to an undivided share in the land only, the plaintiff shall, subject to the provisions of rule 5, be at liberty, whether claims in respect of mesne profits, arrears of rent, or double rent, or damages for breach of contract, or wrong or injury to the premises claimed, have or have not been indorsed on the summons, to enter judgment in the Central Office that the person whose title is asserted in the summons shall recover possession of the land, or of the part or undivided share thereof to which the defence does not apply. Such judgment shall not contain any award of costs, but same shall be without prejudice to the plaintiff's right to have the costs taxed by the proper officer, and to proceed by action for recovery of such mesne profits, arrears of rent or double rent, damages, and costs, or any of them. Provided that if the proceeding be for recovery of land for non-payment of rent, no judgment shall be entered under this rule until an affidavit has been filed made by the landlord, his agent, receiver, or clerk, stating that there was at the commencement of the proceeding at least one year's rent due over and above all just and fair allowances.

5. In case no appearance has been entered in a proceeding for the recovery of land within the time limited for appearance, or if an appearance be entered but the defence be limited to part of or to an undivided share in the land only, the plaintiff, in lieu of proceeding under rule 4, shall, as to the claim for recovery of such land or such part or undivided share thereof, as the case may be, and the claim (if any) in respect of mesne profits, arrears of rent, or double rent, or damages for breach of contract, or wrong or injury to the premises claimed, be at liberty (in the case of a proceeding commenced by plenary summons) to proceed under rule 6 or (in the case of a proceeding commenced by summary summons) to set the summons down for hearing on such day as the Master may fix, and in such latter case, such judgment may be given, on the hearing of the summons, as the Master, in a case within his jurisdiction, or the Court may consider the plaintiff to be entitled to.

6. In case of default of appearance by any defendant (other than such defendant as is in rule 1 mentioned) to a plenary summons, the plaintiff shall, except in the case of a claim otherwise provided for in any of the preceding rules of this Order, deliver a statement of claim by filing the same in the Central Office and thereupon may apply to the Court for judgment in the proceeding in default of appearance, and (if necessary) ascertainment of any damages to which the plaintiff may be entitled, with a jury in case any party is entitled to a jury and requires such, but otherwise without a jury, and in the latter case the Court may fix the amount of such damages itself on evidence by affidavit or otherwise, or may refer the matter to the Master to determine.

7. Where a summons is indorsed with a claim for the delivery of specific goods, either alone or with any other claim, and the defendant fails to appear, the plaintiff may, if he require the specific delivery of such goods, apply to the Court for an order for judgment for the return of the goods detained without giving the defendant the option of retaining such goods upon paying the value thereof and for the ascertainment, in such manner as the Court may direct, of the goods in respect of the non-delivery of which the plaintiff is entitled to recover and which remain undelivered, and, upon the same being so ascertained an order of delivery may issue for the same.

8. Where an originating summons (whether plenary or summary) is indorsed with a claim for a liquidated demand and there are several defendants, of whom one or more appear, to the summons, and another or others of them fail to appear, the plaintiff may enter final judgment as in rule 3 mentioned against such as have not appeared, and may issue execution upon such judgment, without prejudice to his right to proceed against such of the defendants as have appeared.

9. Where there are several defendants to such a plenary summons as is mentioned in rule 6 and one or more of such defendants appear to such summons, and another or others of them fail to appear, the plaintiff may proceed under the said rule against the defendant or defendants so failing to appear and the application for judgment thereunder shall be heard and the damages (if any) to which the plaintiff may be entitled ascertained, as against such defendant or defendants, at the same time as the trial of the proceeding or issue therein against the other defendant or defendants, unless the Court shall otherwise direct.

10. Where a plenary summons is indorsed with a claim for a liquidated demand together with another claim or other claims and any defendant fails to appear thereto, the plaintiff may enter final judgment for the liquidated demand, together with interest (if any) and costs as provided in the preceding rules of this Order, against the defendant or defendants failing to appear and may proceed, as to the other claim or claims, as provided in such of the said rules as may be applicable.

11. Where final judgment is entered pursuant to any of the preceding rules of this Order, it shall be lawful for the Court to set aside or vary such judgment upon such terms as may be just.

12. Where an originating summons is indorsed with a claim on any bond, covenant, or agreement within the Common Law Procedure Amendment Act (Ireland), 1853, section 145, and the defendant fails to appear thereto, no statement of claim shall be delivered and the plaintiff may, without any suggestion of breaches, apply by motion to the Court for leave to enter judgment for such sum as may seem just, and on such application the Court may order judgment to be entered accordingly or may direct such inquiry, or trial of issues, as may appear to be necessary for the ascertainment of the plaintiff's demand, and if the sum ascertained to be due does not amount to the sum mentioned in such bond, covenant, or agreement, the plaintiff, his executors or administrators, may in the event of any subsequent breach, from time to time, apply to the Court, and the Court may thereupon so far as the sum mentioned in such bond, covenant, or agreement, or the remainder thereof, will reach, make such further order or direct such further inquiry or trial to the effect aforesaid, as may be just.

13. In any case in which the plaintiff is not entitled to enter final judgment in the Central Office under any of the preceding rules of this Order, and in which the defendant fails, or all the defendants if more than one, fail to appear, but in which, by reason of payment, satisfaction, abatement of nuisance, or for any other reason, it is unnecessary for the plaintiff to proceed, he may by leave of the Master, to be obtained by motion on notice, enter judgment for costs. Provided that such notice shall be filed and shall be served in the manner in which service of the summons has been effected, or in such other manner as the Master may direct.

14. (1) In proceedings brought by a moneylender or the personal representative or representatives of a moneylender or an assignee for the recovery of money lent by the moneylender or the enforcement of any agreement or security relating to any such money, an application for leave to enter judgment in default of appearance shall be made by notice returnable before the Master not less than four clear days after service of the notice.

(2) Such notice shall not be issued until the time limited for entering an appearance has expired and a proper affidavit of service of the summons has been filed. The notice may be served personally or by registered post, addressed to the defendant at his last known place of address.

(3) At the hearing of the application, whether the defendant appears or not, the Master or the Court, as the case may be—

( a ) may exercise the powers of the Court under the Moneylenders Act, 1900 section 1 (1), as amended by the Moneylenders Act, 1933, section 17, and

( b ) if satisfied by affidavit or otherwise that the notice has been duly served, may give leave to enter final judgment for the whole or part of the claim, and

( c ) as regards any part of the claim as to which leave to enter final judgment is refused, may give any such directions or make any such order as might have been given or made upon the hearing of the summons or of a motion for judgment, as the case might be, if the defendant had entered an appearance, upon such terms as to notice to the defendant and otherwise as may be thought just.

15. In actions to recover a debt or liquidated demand arising under a hire-purchase agreement or credit-sale agreement or any contract of guarantee relating to such an agreement, an application for leave to enter judgment in default of appearance shall be made in the same manner as is prescribed in paragraphs (1) and (2) of rule 14, and judgment shall not be entered until an affidavit shall have been filed stating that the requirements specified in section 3 or section 4 (as the case may be) of the Hire Purchase Act, 1946 , as amended by sections 21 and 22 of the Hire Purchase Act, 1960, have been complied with.

16. In any case coming before him under any of the preceding rules of this Order, the Master may, in lieu of giving or refusing leave to enter judgment, place the summons in the Court list for hearing.

17. In all proceedings not by the rules of this Order otherwise specially provided for, in case the party served with the summons does not appear within the time limited for appearance, upon the filing by the plaintiff of a proper affidavit of service and, where appropriate, of a statement of claim, the proceeding may proceed as if such party had appeared, subject, as to actions where an account is claimed, to the provisions of Order 37.

18. Before judgment by default shall be entered for any liquidated demand under this Order an affidavit shall be filed specifying the sum then actually due.

19. If, in any case in which a plaintiff is entitled to enter final judgment in the Central Office under any of the preceding rules of this Order, the plaintiff claims interest on the whole or any part of the sum of money for which he is entitled to enter such judgment between the date on which the cause of action accrued and the date of judgment under section 22 of the Courts Act, 1981 , the plaintiff may apply to the Court ex parte for an order for judgment inclusive of such interest. The said application shall be supported by an affidavit sworn by the plaintiff or some other person who can positively swear to the facts specifying the sum then actually due and the facts relied on in support of the claim for interest.

ORDER 14. ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN.

1. Any two or more persons claiming or being liable as co-partners and carrying on business within the jurisdiction, may sue or be sued in the name of the respective firms, if any, of which such persons were co-partners at the time of the accruing of the cause of action; and any party to an action may in such case apply to the Court for a statement of the names of the persons who were, at the time of the accruing of the cause of action, co-partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the Court may direct.

2. When plaintiffs sue in the name of their firm, they or their solicitor shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the action is brought. If the plaintiffs or their solicitor shall fail to comply with such demand, all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as the Court may direct. When the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as the plaintiffs in the summons; but all proceedings shall nevertheless continue in the name of the firm.

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

4. Where a summons is issued against a firm, and is served as directed by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service whether he is served as a partner or as a person having the control or management of the partnership, business, or in both characters. In default of such notice, the person served shall be deemed to be served as a partner.

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

6. Where a summons is served under rule 3 upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a member of the firm sued.

7. (1) Any person served as a partner under rule 3, but who denies that he was a partner or liable as such at any material time may enter an appearance stating therein that he does so as "a person served as a partner in the defendant firm but who denies that he was a partner at any material time." Such appearance, so long as it stands, shall be treated as an appearance for the firm.

(2) If an appearance is so entered—

( a ) the plaintiff may apply to set it aside on the ground that the person entering it was a partner or liable as such, or may leave that question to be determined at a later stage of the proceedings; or

( b ) the person entering the appearance may apply to set aside the service on him on the ground that he was not a partner or liable as such, or he may, at the proper time, deliver a defence denying either or both his liability as a partner and the liability of the defendant firm in respect of the plaintiff's claim.

(3) On the application of either party, an order may at any time be made that either or both of the questions as to the liability of the person served and the liability of the defendant firm may be tried in such manner and at such time as the Court may think fit.

8. (1) Where a judgment or order is against a firm, execution may issue against—

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

( b ) any person who has appeared in his own name under rules 5 or 6 or who has admitted on the pleadings that he is, or who has been adjudged to be, a partner;

( c ) any person who has been individually served, as a partner, with the summons and has failed to appear.

(2) If the party who has obtained judgment or an order claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court for leave to do so; and the Court may give such leave if the liability be not disputed, or if such liability be disputed may order that the liability of such person be tried and determined in any manner in which any issue or question in an action may be tried and determined. Except as against any property of the partnership, a judgment against a firm shall not render liable, release, or otherwise affect any member thereof who was out of the jurisdiction when the summons was issued, and who has not appeared to the summons unless he has been made a party to the action under Order 11 or has been served within the jurisdiction after the summons in the action was issued.

9. Debts owing from a firm carrying on business within the jurisdiction may be attached under Order 45 although one or more members of such firm may be resident abroad; provided that a person having the control or management of the partnership business, or a member of the firm within the jurisdiction, is served with the garnishee order. An appearance by any member pursuant to an order shall be a sufficient appearance by the firm.

10. The preceding rules of this Order shall apply to actions between a firm and one or more of its members, and to actions between firms having one or more members in common, provided such firm or firms carry on business within the jurisdiction; but no execution shall be issued in such actions without leave of the Court, and, on an application for leave to issue such execution, all such accounts and inquiries maybe directed to be taken and made and all such directions given as may be just.

11. Any person carrying on business within the jurisdiction in a name or style other than his own name, may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all rules relating to proceedings against firms shall apply.

ORDER 15. PARTIES.

I. General.

1. (1) All persons may be joined in one action as plaintiffs in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where, if such persons brought separate actions, any common question of law or fact would arise; provided that if, upon the application of any defendant, it shall appear that such joinder may embarrass or delay the trial of the proceeding, the Court may order separate trials or make such order as may be expedient.

(2) In a case under this rule judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment but the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person who shall not be found entitled to relief, unless the Court shall otherwise direct.

2. Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the Court may, if satisfied that it has been so commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as may be just.

3. Where in an action any person has been improperly or unnecessarily joined as a co-plaintiff, and a defendant has set up a counter-claim or set-off, he may obtain the benefit thereof by establishing his counterclaim or set-off as against the parties other than the co-plaintiff so joined, notwithstanding the misjoinder of such plaintiff or any proceeding consequent thereon.

4. All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. Judgment may be given against such one or more of such defendants as may be found to be liable, according to their respective liabilities, without any amendment.

5. It shall not be necessary that every defendant shall be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him; but the Court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.

6. The plaintiff may, at his option, join as parties to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes.

7. Where the plaintiff is in doubt as to the person from whom he is entitled to redress he may join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.

8. Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the Court may, at any stage of the proceedings, order any of such persons to be made parties either in addition to or in lieu of the previously existing parties. This rule shall apply to trustees, executors and administrators sued in proceedings to enforce a security by sale or otherwise.

9. Where there are numerous persons having the same interest in one cause or matter, one or more of such persons may sue or be sued, or may be authorised by the Court to defend, in such cause or matter, on behalf, or for the benefit, of all persons so interested.

10. Where in proceedings concerning a trust a compromise is proposed, and some of the persons interested in the compromise are not parties to the proceedings, but there are other persons in the same interest before the Court and assenting to the compromise, the Court, if satisfied that the compromise will be for the benefit of the absent person and that to require service on such persons would cause unreasonable expense or delay, may approve the compromise and order that the same shall be binding on the absent persons, and they shall be bound accordingly, except where the order has been obtained by fraud or non-disclosure of material facts.

11. Any person proceeding to prove a will in solemn form, or to revoke the probate of a will, may, if the will affects real estate, apply to the Court for an order authorising him to cite or make the heir or heirs-at-law, or other person or persons having or pretending interest in such real estate, a party or parties to the action, and the Court, on being satisfied by affidavit that the will in question does affect or purport to affect the real estate, may make an order authorising the person applying to cite the heir or heirs-at-law or such person or persons as aforesaid; provided always that the Court may give any special directions which it may think the justice of the case requires.

12. Subject to the provisions of the Acts and these Rules, in all probate actions the rules as to parties and as to citations to see proceedings in use in the Court of Probate immediately before 1st January, 1878, shall continue to be in force. Citations to see proceedings shall issue from the Central Office.

13. No cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it. The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added. No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his own consent in writing thereto. Every party whose name is so added as defendant shall be served with a summons or notice in manner hereinafter mentioned, or in such other manner as the Court may direct, and the proceeding as against such party shall be deemed to have begun only on the making of the order adding such party.

14. Any application to add or strike out or substitute a plaintiff or defendant may be made to the Court at any time before trial by motion or at the trial of the action in a summary manner.

15. Where a defendant is added or substituted the plaintiff shall, unless otherwise ordered by the Court, file an amended copy of and take out a summons and serve such new defendant with such summons or notice in lieu thereof in the same manner as original defendants are served. If a statement of claim has been delivered previously to such defendant being added, the same shall, unless otherwise ordered by the Court, be amended in such manner as the addition or substitution of such new defendant shall render necessary or desirable, and a copy of such amended statement of claim shall be delivered to such new defendant at the time when he is served with the summons or notice or afterwards within four days after his appearance.

II. Person under disability.

16. An infant may sue as plaintiff by his next friend in the manner heretofore in use, and may, in like manner, defend by his guardian appointed for that purpose. On the infant's attaining full age, the next friend or guardian may apply on affidavit to the Registrar in the Central Office for a certificate that the plaintiff or defendant lately an infant may proceed or defend in his own name.

17. A person of unsound mind may sue as plaintiff by his committee or next friend, and may defend by his committee or guardian appointed for that purpose.

18. An infant shall not enter an appearance except by his guardian ad litem. No order for the appointment of such guardian shall be necessary, but the solicitor applying to enter such appearance shall make and file an affidavit in the Form No. 4 in Appendix A, Part II.

19. Every infant served with a petition or notice of motion or other document in a matter, shall appear on the hearing thereof by a guardian ad litem, in all cases in which the appointment of a special guardian is not provided for. No order for the appointment of such guardian shall be necessary, but the solicitor by whom he appears shall previously make and file an affidavit as in rule 18 mentioned.

20. Before the name of any person shall be used in any cause or matter as next friend of any infant or other party, or as relator, such person shall sign a written authority to the solicitor for that purpose, and the authority shall be filed in the proper office.

21. In all causes or matters to which any infant or person of unsound mind, whether so found by inquisition or not, or person under any other disability, is a party, any consent as to the mode of taking evidence or as to any other procedure shall, if given with the consent of the Court by the next friend, guardian, committee or other person acting on behalf of the person under disability, have the same force and effect as if such party were under no disability and had given such consent. Provided that no such consent by the committee of any person of unsound mind shall be valid as between him and such person, unless given with the sanction of the President of the High Court.

III. Administration and execution of trusts.

22. (1) In any case in which the right of an heir-at-law, or the next-of-kin, or a class, shall depend upon the construction which the Court may put upon an instrument and it shall not be known or shall be difficult to ascertain who is or are such heir-at-law or next-of-kin or class, and the Court shall consider that in order to save expense or for some other reason it will be convenient to have the questions of construction determined before such heir-at-law, next-of-kin or class shall have been ascertained by means of inquiry or otherwise, the Court may appoint some one or more persons to represent such heir-at-law, next-of-kin or class, and the judgment of the Court in the presence of such persons shall be binding upon the heir-at-law, next-of-kin or class so represented.

(2) In any other case in which an heir-at-law, or any next-of-kin, or a class shall be interested in any proceedings, the Court may, if, having regard to the nature and extent of the interest of such persons or any of them, it shall appear expedient on account of the difficulty of ascertaining such persons, or in order to save expense, appoint one or more persons to represent such heir, or to represent all or any of such next-of-kin or class, and the judgment or order of the Court in the presence of the persons so appointed shall be binding upon the persons so represented.

23. Any residuary legatee or next-of-kin entitled to a judgment or order for the administration of the personal estate of a deceased person may have the same without serving the remaining residuary legatees or next-of-kin.

24. Any legatee interested in a legacy charged upon real estate, and any person interested in the proceeds of real estate directed to be sold, and who may be entitled to a judgment or order for the administration of the estate of a deceased person, may have the same without serving any other legatee or person interested in the proceeds of the estate.

25. Any residuary devisee or heir entitled to the like judgment or order may have the same without serving any co-residuary devisee or co-heir.

26. Any one of several cestuis que trustent under any deed or instrument entitled to a judgment or order for the execution of the trusts of the deed or instrument may have the same without serving any other cestui que trust.

27. In all cases of actions for the prevention of waste or otherwise for the protection of property, one person may sue on behalf of himself and all persons having the same interest.

28. Any executor, administrator, or trustee entitled thereto may have a judgment or order against any one legatee, next-of-kin or, cestui que trust for the administration of the estate or the execution of the trusts.

29. Any mortgagee or other incumbrancer on land entitled to a sale of the mortgaged lands may have a judgment or order for such sale without serving any other mortgagee or incumbrancer, or a trustee for such mortgagee or incumbrancer, unless such mortgagee, incumbrancer, or trustee is in the actual possession or receipt of the rents and profits of the mortgaged or incumbered lands; provided always, that a person, at whose suit or for whose benefit a receiver or sequestrator has been appointed or extended, or continues to receive the rents and profits of the lands, shall not be deemed to be in receipt of such rents and profits within the meaning of this rule.

30. The Court may require any person to be made a party to any action or proceeding, and may give the conduct of the action or proceeding to such person as the Court may think fit, and may make such order in any particular case as it may think just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question.

31. Wherever, in any action for the administration of the estate of a deceased person, or the execution of the trusts of any deed or instrument, or for the partition or sale of any hereditaments, a judgment or order has been pronounced or made—

( a ) for an account; or

( b ) under Order 33; or

( c ) affecting the rights or interests of persons not parties to the action;

the Court may direct that any person interested in the estate or under the trust or in the hereditaments shall be served with notice of the judgment or order; and after such notice such persons shall be bound by the proceedings in the same manner as if they had originally been made parties and shall be at liberty to attend the proceedings under the judgment or order. Any person so served may, within one month after such service, apply to the Court to discharge, vary or add to the judgment or order.

32. It shall not be necessary for any person served with notice of any judgment or order to obtain an order for liberty to attend the proceedings under such judgment or order, but such persons shall be at liberty to attend the proceedings upon entering an appearance in the same manner and subject to the same provisions as a defendant entering an appearance.

33. Notice of a judgment or order served pursuant to rule 31 shall be entitled in the action and there shall be indorsed thereon a memorandum in the Form No. 30 in Appendix G.

34. A memorandum of the service upon any person of notice of the judgment or order in any action under rule 31 shall be filed in the Central Office upon due proof by affidavit of such service. The memorandum shall be in the Form No. 31 in Appendix G.

35. Notice of a judgment or order served pursuant to rule 31 on an infant or person of unsound mind not so found by inquisition shall be served in the same manner as an originating summons in an action. At any time during the proceedings under any such order, the Court may require a guardian ad litem to be appointed for any infant or person of unsound mind not so found by inquisition, who has been served with notice of such order.

36. In any cause or matter to execute the trusts of a will it shall not be necessary to make the heir-at-law a party, but the plaintiff shall be at liberty to make the heir-at-law a party where he desires to have the will established against him.

37. If in any cause, matter, or other proceeding it shall appear to the Court that any deceased person who was interested in the matter in question has no legal personal representative, the Court may proceed in the absence of any person representing the estate of the deceased person or may appoint some person to represent his estate for all the purposes of the cause, matter or other proceeding on such notice to such persons, if any, as the Court shall think fit, either specially or generally by public advertisement, and the order so made, and any order consequent thereon, shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased person had been a party to the cause, matter or proceeding.

38. In any cause or matter for the administration of the estate of a deceased person no party other than the executor or administrator shall, unless by leave of the Court, be entitled to appear at any stage on the claim of any person not a party to the cause or matter against the estate of the deceased person in respect of any debt or liability. The Court may direct or give liberty to any other party to the cause or matter to appear, either in addition to or in the place of the executor or administrator, upon such terms as to costs or otherwise as the Court may think fit.

ORDER 16. THIRD-PARTY PROCEDURE.

1. (1) Where in any action a defendant claims as against any person not already a party to the action (in this Order called "the third-party")—

( a ) that he is entitled to contribution or indemnity, or

( b ) that he is entitled to any relief or remedy relating to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the plaintiff, or

( c ) that any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant and should properly be determined not only as between the plaintiff and the defendant but as between the plaintiff and the defendant and the third-party or between any or either of them,

the Court may give leave to the defendant to issue and serve a third-party notice and may, at the same time, if it shall appear desirable to do so, give the third party liberty to appear at the trial and take such part therein as may be just, and generally give such directions as to the Court shall appear proper for having any question or the rights or liabilities of the parties most conveniently determined and enforced and as to the mode and extent in or to which the third-party shall be bound or made liable by the decision or judgment in the action.

(2) The application for such leave shall be made by motion on notice to the plaintiff. Unless the plaintiff wishes to add the third party as a defendant, his attendance at the hearing of the motion shall not be necessary. If he does attend, he shall not be entitled to costs except by special direction of the Court.

(3) Application for leave to issue the third-party notice shall, unless otherwise ordered by the Court, be made within twenty-eight days from the time limited for delivering the defence or, where the application is made by the defendant to a counterclaim, the reply.

2. (1) The third-party notice shall state the nature and grounds of the claim or the nature of the question or issue sought to be determined and the nature and extent of any relief or remedy claimed and any directions of the Court given under rule 1 (1) hereof. It shall be in accordance with the Form No. 1 or the Form No. 2 in Appendix C, and shall be sealed, and served on the third-party, and a copy thereof filed with the proper officer in the same manner as in the case of an originating summons.

(2) The notice shall, unless otherwise ordered by the Court, be served within twenty-eight days from the making of the order, and with it there shall be served a copy of the originating summons and of any pleadings delivered in the action.

3. The third-party shall, as from the time of the service upon him of the notice, be a party to the action with the same rights in respect of defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant.

4. (1) The third-party may enter an appearance in the action within eight days from service or within such further time as may be directed by the Court and specified in the notice: Provided that the third-party failing to appear within such time may apply to the Court for leave to appear, and such leave may be given upon such terms, if any, as the Court may think fit. The memorandum of appearance shall be in the Form No. 3 in Appendix A, Part II.

(2) Where a third party has entered an appearance and has requested a statement of claim, the defendant shall deliver a statement of claim to the third party within twenty-one days from the entry of appearance.

(3) Where a third-party has entered an appearance he shall deliver his defence—

( a ) in case he has not by notice requested a statement of claim, within twenty-eight days from the entry of appearance;

or

( b ) in case he has requested a statement of claim, within twenty-eight days from the date of delivery of the statement of claim.

5. If a third-party duly served with a third-party notice does not enter an appearance or makes default in delivering any pleading which he has been ordered or is bound to deliver, he shall be deemed to admit the validity of and shall be bound by any judgment given in the action, whether by consent or otherwise, and by any decision therein on any question specified in the notice; and when contribution or indemnity or other relief or remedy is claimed against him in the notice, he shall be deemed to admit his liability in respect of such contribution or indemnity or other relief or remedy.

6. Where a third-party makes default in entering an appearance or delivering any pleading which he has been ordered or is bound to deliver and the defendant giving the notice suffers judgment by default, such defendant shall be entitled at any time, after satisfaction of the judgment against himself, or before such satisfaction by leave of the Court, to enter judgment against the third-party to the extent of any contribution or indemnity claimed in the third-party notice, or, by leave of the Court, to enter such judgment in respect of any other relief or remedy claimed as the Court shall direct: provided that it shall be lawful for the Court to set aside or vary such judgment against the third-party upon such terms as may seem just.

7. After the third-party enters an appearance, and before the expiration of the time limited for delivery of defence, he may, after serving notice of the intended application upon the plaintiff and all defendants, apply to the Court to vary any directions given by the Court under sub rule (1) of rule 1 of this Order.

8. (1) After the third-party has delivered his defence, the defendant giving notice may, after serving notice of the intended application upon the plaintiff, the third-party and any other defendant, apply to the Court for directions and the Court may—

( a ) where the liability of the third-party to the defendant giving the notice is established on the hearing of the application, order such judgment as the nature of the case may require to be entered against the third-party in favour of the defendant giving the notice, or

( b ) if satisfied that there is a question or issue proper to be tried as between the plaintiff and the defendant and the third-party or between any or either of them as to the liability of the defendant to the plaintiff or as to the liability of the third-party to make any contribution or indemnity claimed in whole or in part, or as to any other relief or remedy claimed in the notice by the defendant, or that a question or issue stated in the notice should be determined not only as between the plaintiff and the defendant but as between the plaintiff, the defendant and the third-party or any or either of them, thereupon try such question or issue or order it to be tried in such manner as the Court may direct, or

( c ) If it shall appear desirable to do so, give the third party liberty to defend the action, either alone or jointly with the original defendant, upon such terms as may be just, or

( d ) dismiss the application.

(2) Any directions given pursuant to this rule may be given either before or after any judgment has been obtained by the plaintiff against the defendant in the action, and may be varied from time to time or rescinded.

(3) The third-party proceedings may at any time be set aside by the Court.

9. (1) Where the action is tried, the Court which tries the action may, at or after the trial, give such judgment as the nature of the case may require for or against the defendant giving the notice against or for the third-party, and may grant to the defendant or to the third-party any relief or remedy which might properly have been granted if the third-party had been made a defendant to an action duly instituted against him by the defendant: provided that execution shall not be issued against the third-party without leave of the Court until after satisfaction by the defendant of any judgment against him.

(2) Where the action is decided otherwise than by trial, the Court may, on application therefor, make such order as the nature of the case may require, and, where the plaintiff has recovered judgment against the defendant, may order such judgment as may be just to be entered for or against the defendant giving notice against or for the third-party.

10. The Court may decide all questions of costs as between a third-party and the other parties to the action, and may order any one or more to pay the costs of any other or others or give such directions as to costs as the justice of the case may require.

11. (1) Where a third-party makes as against any person not already a party to the action such a claim as is defined in rule 1 the provisions of this Order regulating the rights and procedure as between the defendant and the third-party shall apply mutatis mutandis as between the third-party and such other person and the Court may give leave to such third-party to issue a third-party notice, and the preceding rules of this Order shall apply, mutatis mutandis, and the expression "third-party notice" and "third-party" shall apply to and include every notice so issued and every person served with such notice respectively.

(2) Where a person served with a notice under this rule by a third-party in turn makes such a claim as is defined in rule 1 against another person not already a party to the action, this Order as applied by this rule shall have effect as regards such further person and any further person or persons so served and so on successively.

12. (1) Where a defendant claims against another defendant—

( a ) that he is entitled to contribution or indemnity, or

( b ) that he is entitled to any relief or remedy relating to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the plaintiff, or

( c ) that any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant making the claim and should properly be determined not only as between the plaintiff and the defendant making the claim but as between the plaintiff and the defendant and the other defendant or between any or either of them,

the defendant making the claim may, without any leave, issue and serve on such other defendant a notice making such claim or specifying such question or issue. No appearance to such notice shall be necessary.

(2) After service of such notice either defendant shall be at liberty to apply for directions as regards pleadings between them if either considers it necessary to do so. In default of such application within twenty-eight days of service of such notice, the claim, question or issue shall be tried at or after the trial of the plaintiff's action as the trial judge shall direct.

(3) Nothing herein contained shall prejudice the rights of the plaintiff against any defendant to the action.

13. In this Order the words "plaintiff" and "defendant" respectively, shall include a plaintiff and a defendant to a counterclaim.

ORDER 17. CHANGE OF PARTIES BY DEATH, &c.

1. A cause or matter shall not become abated by reason of the death, or bankruptcy of any of the parties, if the cause of action survive or continue, and shall not become defective by the assignment, creation, or devolution of any estate or title pendente lite; and, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or finding of the issues of fact and the judgment; but judgment may in such case be entered, notwithstanding the death.

2. In case of the death, or bankruptcy, or devolution of estate by operation of law, of any party to a cause or matter, the Court may, if it be deemed necessary for the complete settlement of all the questions involved, order that the personal representative, assignee, trustee, or other successor in interest, if any, of such party be made a party, or be served with notice in such manner and form as hereinafter prescribed, and on such terms as the Court shall think just, and shall make such order for the disposal of the cause or matter as may be just.

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

4. Where by reason of death or bankruptcy, or any other event occurring after the commencement of a cause or matter and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the cause or matter, it becomes necessary or desirable that any person not already a party should be made a party, or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties, and such new party or parties, may be obtained ex parte on application to the Court upon an allegation of such change, or transmission of interest or liability, or of such person interested having come into existence.

5. An order obtained as in rule 4 mentioned shall, unless the Court shall otherwise direct, be served upon the continuing party or parties, or their solicitors, and also upon each such new party, unless the person making the application be himself the only new party, and the order shall from the time of such service, subject nevertheless to rules 6 and 7, be binding on the persons served therewith, and every person served therewith who is not already a party to the cause or matter shall be bound to enter an appearance thereto within the same time and in the same manner as if he had been served with a summons.

6. Where any person who is under no disability, or, being under any disability, has a guardian ad litem in the cause or matter, shall be served with such order as in rule 4 mentioned, such person may apply to the Court to discharge or vary such order at any time within twelve days from the service thereof.

7. Where any person being under any disability and not having a guardian ad litem in the cause or matter, is served with any order as in rule 4 mentioned, such person may apply to the Court to discharge or vary such order at any time within twelve days from the appointment of a guardian ad litem for such party, and until such period of twelve days shall have expired such order shall have no force or effect as against such last-mentioned person.

8. When the plaintiff or defendant in a cause or matter dies and the cause of action survives, but the person entitled to proceed fails to proceed, the defendant (or the person against whom the cause or matter may be continued) may apply to compel the plaintiff (or the person entitled to proceed) to proceed within such time as may be ordered; and in default of such proceeding, judgment may be entered for the defendant, or, as the case may be, for the person against whom the cause or matter might have been continued; and in such case, if the plaintiff has died, execution may issue as in the case provided for by Order 42, rule 24.

9. In case of the death of a sole defendant or of all the defendants in an action for the recovery of land before trial, the plaintiff shall be entitled to judgment for recovery of possession of the property, unless some other person shall take defence within a time to be appointed for that purpose by the order of the Court, to be made upon the ex parte application of the plaintiff; and it shall be lawful for the Court, upon such application as aforesaid, to order that the plaintiff shall be at liberty to sign judgment within such time as the Court may think fit, unless the person then in possession, by himself or his tenant, or the legal representative of the deceased defendant, shall within such time appear in the action; and such order may be served in the same manner as the summons; and in case any such person shall appear, the same proceedings may be taken against such new defendant as if he had originally appeared and defended the action; and if no appearance be entered, then the plaintiff shall be at liberty to sign judgment pursuant to the order.

10. In case of the death before trial of one of several defendants in an action for the recovery of land who defends separately for a portion of the property for which the other defendant or defendants do not defend, the same proceedings may be taken as to such portion as in the case of the death of a sole defendant, or the plaintiff may proceed against the surviving defendant or defendants in respect of the portion of the property for which he or they defend.

11. In case of the death before trial of one of several defendants in an action for the recovery of land who defends separately in respect of property for which a surviving defendant or surviving defendants also defend, the Court may, at any time before the trial, allow the person at the time of the death in possession of the property, or the legal representative of the deceased defendant, to defend, on such terms as may appear reasonable and just, upon the application of such person or representative; and if no such application be made or leave granted, the plaintiff may proceed against the surviving defendant or defendants to judgment and execution.

12. Where any cause or matter becomes abated or in case of any such change of interest as is by this Order provided for, the solicitor for the plaintiff or person having the conduct of the cause or matter as the case may be, shall certify the fact to the proper officer, who shall cause an entry thereof to be made in the Cause Book opposite to the name of such cause or matter.

13. Where any cause or matter shall have been standing for one year in the Cause Book marked as "abated," or standing over generally, such cause or matter at the expiration of the year shall be struck out of the Cause Book.

ORDER 18. JOINDER OF CAUSES OF ACTION.

1. Subject to the rules of this Order, the plaintiff may unite in the same action several causes of action; but if it appear to the Court that any such causes of action cannot be conveniently tried or disposed of together the Court may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.

2. No cause of action shall unless by leave of the Court be joined with an action for the recovery of land, except claims in respect of mesne profits or arrears of rent or double rent in respect of the premises claimed, or any part thereof, and damages for breach of any contract under which the same or any part thereof are held, or for any wrong or injury to the premises claimed. Provided that nothing in this Order contained shall prevent any plaintiff in an action for redemption from asking for or obtaining an order against the defendant for delivery of the possession of the mortgaged property to the plaintiff on or after the order absolute for redemption, and such an action for redemption and for such delivery of possession shall not be deemed an action for the recovery of land within the meaning of these Rules.

3. Claims by an assignee or trustee in bankruptcy as such shall not, unless by leave of the Court, be joined with any claim by him in any other capacity.

4. Claims by or against husband and wife may be joined with claims by or against either of them separately.

5. Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator.

6. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant.

7. Rules 4, 5 and 6 shall be subject to rules 1, 8 and 9.

8. Any defendant alleging that the plaintiff has united in the same action several causes of action which cannot be conveniently disposed of together, may at any time apply to the Court for an order confining the action to such of the causes of action as may be conveniently disposed of together.

9. If, on the hearing of such application as in rule 8 mentioned, it shall appear to the Court that the causes of actionare such as cannot all be conveniently disposed of together, the Court may order any of such causes of action to be excluded, and, consequential amendments to be made, and may make such order as to costs as may be just.

ORDER 19. PLEADING GENERALLY.

1. The plaintiff shall, subject to the provisions of Order 20, and at such time and in such manner as therein prescribed, deliver to the defendant a statement of his claim, and of the relief or remedy to which he claims to be entitled. The defendant shall subject to the provisions of Order 21, and at such time and in such manner as therein prescribed, deliver to the plaintiff his defence, set-off, or counter-claim (if any), and the plaintiff shall, subject to the provisions of Order 23, and at such time and in such manner as therein prescribed, deliver his reply (if any) to such defence, set-off, or counter-claim. Such statements shall be as brief as the nature of the case will admit, and the Taxing Master in adjusting the costs of the action shall, at the instance of any party, or may without any request, inquire into any unnecessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same.

2. A defendant in an action may set-off, or set up by way of counterclaim against the claims of the plaintiff, any right or claim, whether such set-off or counterclaim sound in damages or not, and such set-off or counterclaim shall have the same effect as a cross action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claim. But the Court may, on the application of the plaintiff before trial, if in the opinion of the Court such set-off or counterclaim cannot be conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof.

3. Every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to proved, and shall, when necessary, be divided into paragraphs, numbered consecutively. Dates, sums, and numbers shall be expressed in figures and not in words. Signature of counsel shall not be necessary; but where pleadings have been settled by counsel they shall be signed by him; and if not so settled they shall be signed by the solicitor, or by the party if he sues or defends in person.

4. The headings in Appendix B, Part IV, where applicable, shall be used for all pleadings.

5. (1) In all cases alleging a wrong within the meaning of the Civil Liability Acts, 1961 and 1964, particulars of such wrong, any personal injuries suffered and any items of special damage shall be set out in the statement of claim or counterclaim and particulars of any contributory negligence shall be set out in the defence.

(2) In all cases alleging misrepresentation, fraud, breach of trust, wilful default or undue influence and in all other cases in which particulars may be necessary, particulars (with dates and items if necessary) shall be set out in the pleadings.

(3) In any case where the particulars, being of debt, expenses or damages, exceed three folios that fact must be so stated with a reference to full particulars already delivered or to be delivered with the pleadings.

6. In probate actions it shall be stated with regard to every claim or defence which is pleaded, what is the substance of the case on which it is intended to rely; and further:—

(1) where undue influence is pleaded, the party making such plea shall, before the case is set down for trial, give particulars of the names of the persons against whom the charge of undue influence is preferred, the nature of the conduct alleged to constitute the undue influence and the dates upon which the acts alleged to constitute undue influence were exercised; and

(2) where it is pleaded that the testator was not of sound disposing mind, the party making such plea shall, before the case is set down for trial, give particulars of any specific instance of delusion or mental incapacity; and

(3) except by leave of the Court, no evidence shall be given of any other instance of undue influence or delusion or mental incapacity at the trial.

7. (1) A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just.

(2) Before applying under this rule to the Court a party may apply for particulars by letter. The costs of each letter and of any particulars delivered pursuant thereto shall be allowable on taxation. In dealing with the costs of any application for particulars, the provisions of this paragraph shall be taken into consideration by the Court.

(3) Particulars shall not be ordered under this rule to be delivered before defence or reply, as the case may be, unless the Court shall be of opinion that they are necessary or desirable to enable the defendant or plaintiff, as the case may be, to plead or ought for any other special reason to be so delivered.

8. The party at whose instance particulars have been delivered under an order of the Court shall, unless the order otherwise provides, have the same length of time for pleading after the delivery of the particulars that he had at the date of the service of the notice of the application. Save as in this rule provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time.

9. Every pleading which shall contain less than fifteen folios (every figure being counted as one word) may be either printed or written, or partly printed and partly written, and every other pleading, not being a petition, shall be printed unless otherwise ordered by the Court.

10. Every pleading or other document required to be delivered to a party, or between parties, shall be delivered to the solicitor of every party who appears by a solicitor, or to the party if he does not appear by a solicitor, but if no appearance has been entered for any party, then such pleading or document shall be delivered by being filed with the proper officer of the Central Office.

11. Every pleading shall be delivered between parties, and shall, in addition to the matters specified in Order 121, rule 4, contain reference to the record number of the action, the Court (if any) to which the action is assigned, the title of the action and the description of the pleading.

12. Nothing in these Rules contained shall affect the right of any defendant to plead not guilty by statute. Every defence of not guilty by statute shall have the same effect as a plea of not guilty by statute has heretofore had. If the defendant so plead he shall not plead any other defence to the same cause of action without the leave of the Court.

13. Every allegation of fact in any pleading, not being a petition, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, or person of unsound mind.

14. Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant (as the case may be) and subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.

15. The defendant or plaintiff (as the case may be) must raise by his pleading all matters which show the action or counterclaim not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence or reply, as the case may be, as if not raised would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the preceding pleadings, as, for instance, fraud, Statute of Limitations, release, payment, performance, facts showing illegality either by statute or common law, or Statute of Frauds.

16. No pleading, not being a petition, shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.

17. It shall not be sufficient for a defendant in his statement of defence to deny generally the grounds alleged by the statement of claim, or for a plaintiff in his reply to deny generally the grounds alleged in a defence by way of counterclaim, but each party must deal specifically with each allegation of fact of which he does not admit the truth, except damages.

18. Subject to rule 17, the plaintiff by his reply may join issue upon the defence, and each party in his pleading (if any) subsequent to reply may join issue upon the previous pleading. Such joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it may except any facts which the party may be willing to admit, and shall then operate as a denial of the facts not so admitted.

19. When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he must not do so evasively, but answer the point of substance. Thus, if it be alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with divers circumstances, it shall not be sufficient to deny it along with those circumstances.

20. When a contract, promise, or agreement is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract, promise, or agreement alleged, or of the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law of such contract, promise, or agreement, whether with reference to the Statute of Frauds or otherwise.

21. Wherever the contents of any document are material it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof unless the precise words of the document or any part thereof are material.

22. Wherever it is material to allege malice, fraudulent intention, knowledge, or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred.

23. Wherever it is material to allege notice to any person of any fact, matter, or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred, be material.

24. Whenever any contract or any relation between any persons is to be implied from a series of letters or conversations, or otherwise from a number of circumstances, it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations, or circumstances without setting them out in detail. And if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative.

25. Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied (e.g., consideration for a bill of exchange, where the plaintiff sues only on the bill, and not for the consideration as a substantive ground of claim).

26. No technical objection shall be raised to any pleading on the ground of any alleged want of form.

27. The Court may at any stage of the proceedings order to be struck out or amended any matter in any indorsement or pleading which may be unnecessary or scandalous, or which may tend to prejudice, embarrass, or delay the fair trial of the action; and may in any such case, if it shall think fit, order the costs of the application to be paid as between solicitor and client.

28. The Court may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or answer and in any such case or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the Court may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.

29. No action or pleading shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may, if it thinks fit, make binding declarations of right whether any consequential relief is or could be claimed or not.

ORDER 20. STATEMENT OF CLAIM.

1. When the procedure is by summary summons or special summons, no statement of claim or other pleading shall be delivered except by order of the Court, which order may be made in any case in which the delivery of such statement of claim or other pleading appears to be requisite.

2. Where the procedure is by plenary summons, the plaintiff may deliver a statement of claim with the plenary summons or notice in lieu thereof, or at any time within twenty-one days from the service thereof.

3. Where the defendant enters an appearance to a plenary summons and, at the time of entering such appearance or within eight days thereafter, gives notice in writing to the plaintiff or his solicitor, that he requires a statement of claim to be delivered, the plaintiff, if he has not already done so, shall deliver a statement of claim within twenty-one days from the receipt of such notice.

4. Subject to the provisions of Order 13, rule 17, as to filing a statement of claim when there is no appearance, no statement of claim need be delivered when the defendant fails to appear or fails to serve such notice as is mentioned in rule 3. Where the plaintiff delivers a statement of claim without being required to do so, or the defendant unnecessarily requires such statement, the Court may make such order as to the costs occasioned thereby as shall be just, if it appears that the delivery of a statement of claim was improper or unnecessary.

5. Where the defendant in a probate action has appeared, the plaintiff shall not be bound to deliver a statement of claim until the expiration of eight days after the defendant has filed his affidavit as to scripts.

6. Whenever a statement of claim is delivered the plaintiff may therein alter, modify, or extend his claim without any amendment of the indorsement on the summons.

7. Every statement of claim shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and it shall not be necessary to ask for general or other relief, which may always be given, as the Court may think just, to the same extent as if it had been asked for. The same rule shall apply to any counterclaim made or relief claimed by the defendant in his defence.

8. Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly. The same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off, or counterclaim, founded upon separate and distinct facts.

9. In every case in which the cause of action is a stated or settled account, the same shall be alleged with particulars, but in every case in which a statement of account is relied on by way of evidence or admission of any other cause of action which is pleaded the same shall not be alleged in the pleadings.

10. In probate actions where the plaintiff disputes the interest of the defendant, he shall allege in his statement of claim that he denies the defendant's interest, and in such cases both parties may with and subject to the permission of the Court adduce proof on one and the same trial of their interests respectively, and, after delivery of the statement of claim, the interest of the party to whom it has been delivered shall not be disputed by the plaintiff unless by leave of the Court.

11. In interest causes the pleading of each party must show, on the face of it, that no other person exists having a prior interest to that of the claimant.

ORDER 21. DEFENCE AND COUNTERCLAIM.

1. Where a defendant enters an appearance to a plenary summons he shall deliver his defence and counterclaim (if any)—

( a ) in case he does not by notice require a statement of claim, within twenty eight days from the entry of appearance; or

( b ) in any other case within twenty eight days from the date of delivery of the statement of claim or from the time limited for appearance, whichever shall be later.

2. Where leave has been given to a defendant to defend under Order 37, he shall deliver his defence (if any) within such time as shall be limited by the order giving leave to defend or, if no time is thereby limited, within fourteen days from the order.

3. In actions for a debt or liquidated demand in money a mere denial of the debt shall be inadmissible.

4. In actions upon bills of exchange, promissory notes, or cheques, a defence in denial must deny some matter of fact, e.g., the drawing, making, indorsing, accepting, presenting, or notice of dishonour of the bill or note.

5. In actions comprised in Order 2, rule 1 (1) classes (a) and (b), a defence in denial must deny such matters of fact, from which the liability of the defendant is alleged to arise, as are disputed; e.g., in actions for goods bargained and sold, or sold and delivered, the defence must deny the order or contract, the delivery, or the amount claimed; in an action for money had and received, it must deny the receipt of the money, or the existence of those facts which are alleged to make such receipt by the defendant a receipt to the use of the plaintiff.

6. No denial or defence shall be necessary as to damages claimed or their amount; but they shall be deemed to be put in issue in all cases, unless expressly admitted.

7. If either party wishes to deny the right of any other party to claim as executor, or as trustee, whether in bankruptcy or otherwise, or as assignee in bankruptcy, or in any representative or other alleged capacity, or the alleged constitution of any partnership firm, he shall deny the same specifically.

8. Where the Court shall be of opinion that any allegations of fact denied or not admitted by the defence ought to have been admitted, the Court may make such order as shall be just with respect to any extra cost occasioned by their having been denied or not admitted.

9. Where any defendant seeks to rely upon any grounds as supporting a right of counterclaim, he shall in his defence, state specifically that he does so by way of counterclaim.

10. Where a defendant by his defence sets up any counterclaim which raises questions between himself and the plaintiff along with any other persons, he shall add to the title of his defence a further title similar to the title in a statement of claim setting forth the names of all the persons who, if such counterclaim were to be enforced by cross-action, would be defendants to such cross-action, and shall deliver his defence to such of them as are parties to the action within the period within which he is required to deliver it to the plaintiff.

11. Where any such person as in rule 10 mentioned is not a party to the action, he shall be summoned to appear by being served with a copy of the defence, and such service shall be regulated by the same rules as are hereinbefore contained with respect to the service of a summons, and every defence so served shall be indorsed in the Form No. 3 in Appendix C.

12. Any person not a defendant to the action, who is served with a defence and counterclaim as aforesaid, shall appear thereto as if he had been served with a summons to appear in an action.

13. Any person named in a defence as a party to a counterclaim thereby made may deliver a reply within the time within which he might deliver a defence if it were a statement of claim.

14. Where a defendant sets up a counterclaim, if the plaintiff or any other person named in manner aforesaid as party to such counterclaim contends that the claim thereby raised ought not to be disposed of by way of counterclaim, but in an independent action, he may at any time before reply apply to the Court for an order that such counterclaim may be excluded, and the Court may, on the hearing of such application, make such order as shall be just.

15. If, in any case in which the defendant sets up a counterclaim, the action of the plaintiff is stayed, discontinued, or dismissed, the counterclaim may nevertheless be proceeded with.

16. Where in any action a set-off or counterclaim is established as a defence against the plaintiff's claim, the Court may, if the balance is in favour of the defendant, give judgment for the defendant for such balance, or may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case.

17. In probate actions the party opposing a will may, with his defence, give notice to the party setting up the will that he merely insists upon the will being proved in solemn form of law, and only intends to cross-examine the witnesses produced in support of the will, and he shall thereupon be at liberty to do so, and shall not, in any event, be liable to pay the costs of the other side unless the Court shall be of opinion that there was no reasonable ground for opposing the will.

18. In every case in which a party shall plead the general issue, intending to give the special matter in evidence by virtue of any statute, he shall insert in the margin of his pleading the words "by statute" together with the year in which the statute on which he relies was passed, and also the chapter or number and section of such statute, and shall specify whether such statute is public or otherwise; otherwise such defence shall be taken not to have been pleaded by virtue of any statute.

19. No plea or defence shall be pleaded in abatement.

20. No defendant in an action for the recovery of land upon the title, who is in possession by himself or his tenant, need plead his title, unless his defence depends on an equitable estate or right or he claims relief upon any equitable ground against any right or title asserted by the plaintiff. Except in the cases hereinbefore mentioned, it shall be sufficient to state by way of defence that he is so in possession and it shall be taken to be implied in such statement that he denies, or does not admit, the allegations of fact contained in the plaintiff's statement of claim. He may, nevertheless, rely upon any ground of defence which he can prove except as hereinbefore mentioned.

21. In case of such an action being brought by some or one of several persons entitled as joint tenants, tenants in common, or coparceners, any joint tenant, tenant in common, or coparcener in possession may set forth in his defence that he is such joint tenant, tenant in common, or coparcener, and defends as such, and that he admits the right of the plaintiff to an undivided share of the property, stating what share, but denies any actual ouster of him from the property, and upon the trial of such issue the additional question of whether an actual ouster has taken place shall be tried.

22. A person who has appeared in an action for the recovery of a holding, agricultural or pastoral, or partly agricultural and partly pastoral, in its character, for non-payment of rent, and has limited his appearance in accordance with Order 12, rule 22 shall deliver his defence (if any) within thirty-one days after his appearance.

ORDER 22. PAYMENT INTO AND OUT OF COURT AND TENDER.

1. (1) In any action for a debt or damages or in an admiralty action the defendant may at any time after he has entered an appearance in the action and before it is set down for trial, or at any later time by leave of the Court, upon notice to the plaintiff, pay into Court a sum of money in satisfaction of the claim or (where several causes of action are joined in one action) in satisfaction of one or more of the causes of action.

(2) A defendant may once, without leave, and upon notice to the plaintiff, pay into Court an additional sum of money as an increase in a payment made under paragraph (1) hereof. Such notice must be given and payment made at least three months before the date on which the action is first listed for hearing. Such increased lodgment shall thereupon become the sum paid into Court and the date of such increased payment the date of the payment into Court. If such notice is not given, and such payment not made as aforesaid the payment made, under paragraph (1) shall be deemed to be the only payment into Court and this Order shall be construed accordingly.

(3) In actions for libel or slander, or where the defence raises questions of title to land or incorporeal hereditaments, money may not be paid into Court under this rule unless liability is admitted in the defence.

(4) In an action on a bond, covenant or agreement coming within the provisions of the Common Law Procedure Amendment Act (Ireland) 1853, section 145, payment into Court under this rule shall be admissible as to particular breaches only, and not to the whole action.

(5) Where money is paid into Court in satisfaction of one or more of several causes of action the notice shall specify the cause or causes of action in respect of which payment is made, and the sum paid in respect of each cause of action, unless the Court otherwise orders.

(6) The notice shall be in the Form No. 4 or No. 5, as appropriate, in Appendix C, and shall state whether liability is admitted or denied, and subject to rule 7, shall be regarded as part of the pleadings.

2. It shall be lawful for any defendant in any action for the recovery of land for non-payment of rent, before or at the time of delivering his defence, or where the defendant is not required to deliver a defence, before or at the time of filing an affidavit in answer to the plaintiff's claim, or at any later time by leave of the Court, upon notice to the plaintiff to pay into Court a sum of money for rent, with an undertaking to pay the costs then incurred when taxed and ascertained and in case of non-payment thereof to suffer judgment to be marked, and thereupon the plaintiff, if he shall not accept the said sum in full discharge of the action, with costs to be taxed by the proper officer, may proceed in the said action at his peril; and if upon trial of the issue it shall appear that no greater sum was due for rent at the time of the service of the summons than the sum paid into Court, the verdict shall be entered for the defendant.

3. With a defence or affidavit setting up a tender before action, the sum of money alleged to have been tendered must be brought into Court.

4. (1) Where money is paid into Court under rule 1 the plaintiff may, within fourteen days of the receipt of notice of payment into Court, or within such further period as may be agreed upon by the parties, accept the whole sum or any one or more of the specified sums in satisfaction of the claim or in satisfaction of the cause or causes of action to which the specified sum or sums relate, by giving notice to the defendant in the Form No. 6 in Appendix C; and thereupon he shall be entitled to receive payment of the accepted sum or sums in satisfaction as aforesaid.

(2) Payment shall be made to the plaintiff or on his written authority to his solicitor, and thereupon proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed.

(3) If the plaintiff accepts money paid into Court in satisfaction of his claim, or if he accepts a sum or sums paid in respect of one or more of the specified causes of action, and gives notice that he abandons the other cause or causes of action, he may after four days from payment out, unless the Court otherwise orders, tax his costs incurred to the date of giving notice to the defendant in accordance with the provisions of sub rule (1) hereof, and forty-eight hours after taxation may sign judgment for his taxed costs.

(4) This rule does not apply to admiralty actions.

5. If the whole of the money in Court is not taken out under rule 4, the money remaining in Court shall not be paid out except in satisfaction of the claim or specified cause or causes of action in respect of which it was paid in and in pursuance of an order of the Court, which may be made at any time before, at, or after trial.

6. If the plaintiff does not accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in but proceeds with the action in respect of such claim or cause of action, or any part thereof, and is not awarded more than the amount paid into Court, then, unless the Judge at the trial shall for special cause shown and mentioned in the order otherwise direct, the following provisions shall apply:

(1) If the amount paid into Court exceeds the amount awarded to the plaintiff, the excess shall be repaid to the defendant and the balance shall be retained in Court.

(2) The plaintiff shall be entitled to the costs of the action up to the time when such payment into Court was made and of the issues or issue, if any, upon which he shall have succeeded.

(3) The defendant shall be entitled to the costs of the action from the time such payment into Court was made other than such issues or issue as aforesaid.

(4) The costs mentioned at paragraphs (2) and (3) hereof shall be set off against each other; and if the balance shall be in favour of the defendant, the amount thereof shall be satisfied pro tanto out of the money remaining in Court and, in so far as the money remaining in Court is not sufficient to satisfy the same, shall be recoverable from the plaintiff; or if the balance shall be in favour of the plaintiff, the amount thereof shall be recoverable from the defendant.

(5) Any money remaining in Court after satisfying the balance (if any) due to the defendant for costs as aforesaid shall be paid out to the plaintiff.

(6) If in any case the Court is of opinion that for the purposes of the preceding paragraphs of this rule it is not necessary to retain in Court the whole of the balance referred to in paragraph (1) it may order the payment out to the plaintiff of so much thereof as it deems proper.

(7) The amount awarded to the plaintiff shall be deemed to be satisfied by the application in manner aforesaid of the moneys paid into Court.

7. (1) The fact that money has been paid into Court under any of the preceding rules of this Order shall be stated in the defence, or where the defendant is not required to deliver a defence, in the affidavit filed in answer to the plaintiff's claim; but except in an action to which a defence of tender before action is pleaded no communication of the amount so paid into Court shall at the trial of any action be made to the Judge until all questions of liability and amount of debt or damages have been decided, and where an action (except as aforesaid) is tried by a Judge with a jury, no communication either of the fact that money has been paid into Court or of the amount thereof shall be made to the jury.

(2) Where the defendant has made a payment into Court under rule 1 (1) after his defence has been delivered or having filed an affidavit in answer to the plaintiff's claim, as the case may be, an amended defence shall be delivered or a supplementary affidavit shall be filed to comply with the provisions of paragraph (1) hereof. No order shall be required for such amendment or for the filing of such supplementary affidavit.

8. A plaintiff may, in answer to a counterclaim, pay money into Court in satisfaction thereof, subject to the like conditions as to costs and otherwise as upon payment into Court by a defendant.

9. Money paid into Court under an order of the Court shall not be paid out of court except in pursuance of an order of the Court: Provided that, where before the delivery of defence money has been paid into Court by the defendant pursuant to an order under the provisions of Order 37, he may (unless the Court shall otherwise order) by notice in writing appropriate the whole or any part of such money, and any additional payment if necessary, to the whole or any specified portion of the plaintiff's claim or if he pleads a tender may by his pleading appropriate the whole or any part of the money in Court as payment into Court of the money alleged to have been tendered; and the money so appropriated shall thereupon be deemed to be money paid into Court pursuant to the preceding rules of this Order relating to money paid into Court, or money paid into Court with a plea of tender as the case may be, and shall be subject in all respects thereto.

10. (1) In any cause or matter in which money or damages is or are claimed by or on behalf of an infant or a person of unsound mind suing either alone or in conjunction with other parties, no settlement or compromise or payment or acceptance of money paid into Court, either before or at or after trial, shall, as regards the claims of any such infant or person of unsound mind, be valid without the approval of the Court.

(2) No money (which expression for the purposes of this rule includes damages) in any way recovered or adjudged or ordered or awarded or agreed to be paid in any such cause or matter in respect of the claims of any such infant or person of unsound mind, whether by verdict or by settlement, compromise, payment into Court or otherwise, before or at or after the trial, shall be paid to the plaintiff or to the next friend of the plaintiff or to the plaintiff's solicitor unless the Court shall so direct.

(3) All money so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as the Court shall direct, and the said money or any part thereof may be so directed:—

( a ) to be paid into the High Court and to be invested or otherwise dealt with there; or

( b ) to be paid into or transferred to the Circuit Court of the district in which such plaintiff resides, or such other Circuit Court as the Court may think fit.

The Forms Nos. 9 and 10 in Appendix E may be used in cases to which they are applicable.

(4) (i) The directions referred to in paragraph (3) of this rule may include any general or special directions that the Court may think fit to give, including (without prejudice to the generality of the above provision) directions as to how the money is to be applied or dealt with and as to any payment to be made, either directly or out of the amount paid into court, and (in case of transfer to the Circuit Court) either before or after it is transferred to the Circuit Court, to the plaintiff or to the next friend in respect of moneys paid or expenses incurred or for maintenance or otherwise for or on behalf of or for the benefit of the infant or person of unsound mind or otherwise, or to the plaintiff's solicitor in respect of costs.

(ii) The certificate of the birth of every such infant plaintiff shall be produced to the Court, and the date of such birth shall be recited in the certificate or order of the Court.

(5) The proper officer of the Central Office shall on request from the County Registrar furnish to him free of charge copies of such documents as may be required by the Circuit Court in any cause or matter in which money shall have been paid or transferred under paragraph (3) (b) of this rule.

(6) Money paid into or transferred to the Circuit Court under this rule shall (subject to any order or direction that may be given in the judgment or order for payment or transfer thereof) be held, invested, applied or otherwise dealt with for the benefit of such plaintiff in such manner as the Circuit Court in its discretion thinks fit and in accordance with the Circuit Court Rules for the time being in force.

(7) Nothing in this rule shall prejudice the lien of a solicitor for costs.

(8) Subject to any order which may be made by the Court (whether on consent or otherwise) as to the costs of the plaintiff or plaintiffs in any such cause or matter, or as to the amount of such costs or the mode of payment thereof:—

(i) The costs of the plaintiff, or if more than one, of all the plaintiffs in any such cause or matter or incident to the claims therein or consequent thereon shall, as regards costs ordered to be paid to such plaintiff or plaintiffs by the defendant or any other party to such cause or matter be taxed by the Taxing Master as between party and party;

(ii) The costs (if any) of the plaintiff or if more than one of all such plaintiffs not ordered to be paid by or recoverable from any other party shall be taxed by the Taxing Master as between solicitor and client on notice to the General Solicitor for Wards of Court, and if any portion of such costs be payable by any adult party to the cause or matter who is sui juris the Taxing Master shall certify the amount of such portion and the portions payable by such infant or person of unsound mind; and no costs other than those so certified shall be payable to the solicitor for any plaintiff in the cause or matter.

(9) This rule shall apply mutatis mutandis to:—

( a ) money recovered on a counterclaim;

( b ) money recovered by a person of unsound mind whether so found by inquisition or not so found;

( c ) any action settled on behalf of an infant before trial.

11. Money paid into Court or investments made under the provisions of rule 10, and the dividends or interest thereon, shall be sold, transferred, or paid out to the party entitled thereto, pursuant to the order of the Court.

12. Money may be paid into Court under this Order by one or more of several defendants sued jointly or in the alternative upon notice to the other defendant or defendants. If the plaintiff elects within the time limited by this Order to accept the money paid into Court, he shall give notice as in rule 4 mentioned to each defendant and thereupon all further proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed and the money shall not be paid out except in pursuance of an order of the Court dealing with the whole costs of the action or cause or causes of action (as the case may be).

13. In any cause or matter in which damages are claimed under the Civil Liability Act, 1961 , Part IV, money paid into Court under this Order shall not be paid out without an order of the Court.

ORDER 23. REPLY AND SUBSEQUENT PLEADINGS.

1. No reply shall be necessary in any case where all the material statements of fact in the relevant pleading are merely to be denied and put in issue.

2. A plaintiff shall deliver his reply, where necessary, within fourteen days from the delivery of the defence or the last of the defences unless the time shall be extended by the Court.

3. No pleading subsequent to reply other than a joinder of issue shall be pleaded without leave of the Court, and then only upon such terms as the Court shall think fit.

4. Subject to rule 3, every pleading subsequent to reply shall be delivered within four days from the delivery of the previous pleading, unless the time shall be extended by the Court.

5. Where a counterclaim is pleaded, a reply thereto shall be subject to the rules applicable to a defence.

6. As soon as any party has joined issue upon the preceding pleading of the opposite party simply without adding any further or other pleading thereto, or has made default as mentioned in Order 27, rule 11, the pleadings as between such parties shall be deemed to be closed.

ORDER 24. MATTERS ARISING PENDING THE ACTION.

1. Any ground of defence which has arisen after action brought but before the defendant has delivered his defence, and before the time limited for his doing so has expired, may be raised by the defendant in his defence, either alone or together with other grounds of defence; and if, after a defence has been delivered, any ground of defence arises to any set-off or counterclaim alleged therein by the defendant, it may be raised by the plaintiff in his reply, either alone or together with any other ground of reply.

2. Where any ground of defence arises after the defendant has delivered a defence, or after the time limited for his doing so has expired, the defendant may, and where any ground of defence to any set-off or counterclaim arises after reply, or after the time limited for delivering a reply, has expired, the plaintiff may, within eight days after such ground of defence has arisen, or any subsequent time by leave of the Court, deliver a further defence or further reply as the case may be, setting forth the same.

3. Whenever any defendant, in his defence, or in any further defence as in rule 2 mentioned alleges any ground of defence which has arisen after the commencement of the action, the plaintiff may deliver a confession of such defence (which confession may be in the Form No. 7 in Appendix C), and may thereupon sign judgment for his costs up to the time of the pleading of such defence, unless the Court shall, either before or after the delivery of such confession, otherwise order.

ORDER 25. TRIAL OF POINT OF LAW.

1. Any party shall be entitled to raise by his pleading any point of law, and any point so raised shall be disposed of by the Judge who tries the cause at or after the trial, provided that by consent of the parties, or by order of the Court on the application of either party, the same may be set down for hearing and disposed of at any time before the trial.

2. If, in the opinion of the Court, the decision of such point of law substantially disposes of the whole action, or of any distinct cause of action, ground of defence, set-off, counterclaim, or reply therein, the Court may thereupon dismiss the action or make such other order therein as may be just.

ORDER 26. DISCONTINUANCE.

1. The plaintiff may, at any time before receipt of the defendant's defence, or after the receipt thereof before taking any other proceeding in the action (save any interlocutory application), by notice in writing in the Form No. 20 in Appendix C, wholly discontinue his action against all or any of the defendants or withdraw any part or parts of his alleged cause of complaint, and thereupon he shall pay such defendant's costs of the action, or, if the action be not wholly discontinued, the costs occasioned by the matter so withdrawn. Such costs shall be taxed. The plaintiff may, however, at any time prior to the setting down of any cause for trial wholly discontinue his action, with or without costs to be paid by any party, upon producing to the proper officer a consent in writing signed by all parties or by their solicitors and such costs (if any) shall be taxed. Such discontinuance or withdrawal, as the case may be, shall not be a defence to any subsequent action. Save as in this rule otherwise provided, it shall not be competent for the plaintiff to discontinue the action without leave of the Court, but the Court may before, or at, or after, the hearing or trial, upon such terms as to costs, and as to any other action, and otherwise, as may be just, order the action to be discontinued, or any part of the alleged cause of complaint to be struck out. The Court may, in like manner, and with the like discretion as to terms, upon the application of a defendant, order the whole or any part of his alleged grounds of defence or counterclaim to be withdrawn or struck out, but it shall not be competent to a defendant to withdraw his defence, or any part thereof, without such leave.

2. When a cause has been entered for trial, it may be withdrawn by either plaintiff or defendant, upon producing to the proper officer a consent in writing signed by the parties or by their solicitors. The consent shall include the list number and trial venue of the case.

3. Any defendant may enter judgment for the costs of the action, if it is wholly discontinued against him, or for the costs occasioned by the matter withdrawn, if the action be not wholly discontinued, in case such respective costs are not paid within four days after taxation.

4. If any subsequent action shall be brought before payment of the costs of a discontinued action, for the same, or substantially the same, cause of action, the Court may order a stay of such subsequent action, until such costs shall have been paid.

ORDER 27. DEFAULT OF PLEADING.

1. If the plaintiff, being bound to deliver a statement of claim, does not deliver the same within the time allowed for that purpose, the defendant may, at the expiration of that time, apply to the Court to dismiss the action, with costs, for want of prosecution; and on the hearing of such application the Court may order the action to be dismissed accordingly, or may make such other order on such terms as the Court shall think just.

2. Subject to the provisions of rules 15 and 16, if the plaintiff's claim be only for a debt or liquidated demand, or for the recovery of land, or for the delivery of specific goods, and the defendant does not within the time allowed for that purpose deliver a defence, the plaintiff may at the expiration of such time enter final judgment in the Central Office for the amount of such debt or liquidated demand, or that the person whose title is asserted in the statement of claim shall recover possession of the land, or for the delivery of the specific goods without giving the defendant the option of retaining such goods upon paying the value thereof, as the case may be, with costs.

3. If the plaintiff's claim be for a debt or liquidated demand, or for the recovery of land, or for the delivery of specific goods, and also for pecuniary damages or any other relief, and the defendant does not within the time allowed for that purpose deliver a defence, the plaintiff may enter final judgment as in rule 2 provided and may also apply as in rule 8 provided in respect of the said claim for pecuniary damages or other relief.

4. When in any such action as in rules 2 and 3 mentioned there are several defendants, if one of them make default as mentioned in the said rules, the plaintiff may enter final judgment against the defendant so making default, and issue execution upon such judgment without prejudice to his right to proceed with his action against the other defendants or against the said defendant under rule 3.

5. If the action be for recovery of land for non-payment of rent, no judgment shall be entered under this Order until an affidavit has been filed, made by the landlord, his agent, receiver, or clerk, stating that there was, at the commencement of the action, at least one year's rent due above all just and fair allowances.

6. In an action for the recovery of a holding or of lands including a holding agricultural or pastoral, or partly agricultural and partly pastoral, in its character, for non-payment of rent no judgment shall be entered under this Order until an affidavit has been filed made by the landlord, his agent, receiver, or clerk, verifying the special indorsement on the summons. Such affidavit may be in the Form No. 6 in Appendix A, Part 1.

7. In probate actions, if any defendant make default in delivering a defence, the action may proceed, notwithstanding such default.

8. In all other actions than those in the preceding rules of this Order mentioned, if a defendant, being bound to deliver a defence, does not do so within the time allowed, the plaintiff may, subject to the provisions of rule 9, set down the action on motion for judgment and such judgment shall be given as upon the statement of claim the Court shall consider the plaintiff to be entitled to. Any damages to which the plaintiff may be entitled shall be ascertained by the Judge with a jury in case any party requires and is entitled to one, but otherwise without a jury, and, if without a jury, either by the Judge or by the Master or by the Examiner, as the Judge may direct, on evidence by affidavit or otherwise.

9. (1) Except as provided in sub rule 4 hereof, no notice of motion for judgment in default of defence in actions claiming unliquidated damages in tort or contract may be served unless the plaintiff has at least twenty-one days prior to the service of such notice written to the defendant giving him notice of his intention to serve a notice of motion for judgment and at the same time consenting to the late delivery of defence within twenty-one days of the date of the letter.

(2) If no defence is delivered within the said period the plaintiff shall be at liberty to serve a notice of motion for judgment in default of defence which shall be returnable to a date not less than fourteen clear days from the date of the service of the notice; such notice of motion to be filed not later than six days before the return date.

(3) If, not later than seven days after the service of such notice of motion for judgment, the defendant delivers a defence to the plaintiff and not later than six days before the return date lodges a copy thereof in the Central Office with a certified copy of the said notice of motion attached thereto, the said motion for judgment shall not be put in the judge's list but shall stand struck out and the defendant shall pay to the plaintiff the sum of £100 for his costs of the said motion for judgment.

(4) If, in any case, the plaintiff can establish special reasons making it necessary to serve a notice of motion for judgment in default of defence in the cases provided for by this rule with greater urgency than in accordance with the provisions hereinbefore contained, he may apply ex-parte to the Master of the High Court for an order giving him liberty to serve a notice of motion for judgment in default of defence giving not less than four clear days notice to the defendant.

10. Where, in any such action as mentioned in rule 8, there are several defendants, then, if one of such defendants make such default as aforesaid, the plaintiff may either (if the cause of action is severable) set down the action at once on motion for judgment against the defendant so making default, or may set it down against him at the time when it is entered for trial or set down on motion for judgment against the other defendants.

11. If the plaintiff does not deliver a reply, or any party does not deliver any subsequent pleading, within the period allowed for that purpose, the pleadings shall be deemed to be closed at the expiration of that period, and all the material statements of fact in the pleading last delivered shall be deemed to have been denied and put in issue.

12. In any case in which issues arise in an action other than between plaintiff and defendant, if any party to any such issue makes default in delivering any pleading, the opposite party may apply to the Court for such judgment, if any, as upon the pleadings he may appear to be entitled to, and the Court may order judgment to be entered accordingly, or may make such other order as may be necessary to do complete justice between the parties.

13. Before judgment by default shall be entered for any debt or liquidated demand under this Order, an affidavit shall be filed specifying the sum then actually due.

14. Any judgment by default, whether under this Order or under any other of these Rules, may be set aside by the Court upon such terms as to costs or otherwise as the Court may think fit, and where an action has been set down under rule 8, such setting down may be dealt with by the Court in the same way as if a judgment by default had been signed when the case was set down.

15. In proceedings brought by a moneylender or the assignee or legal personal representative of a moneylender for the recovery of money lent by the moneylender or any interest thereon, judgment in default of defence shall not be entered until after the expiration of twelve months from the date of issue of the summons by which the proceedings were instituted unless the leave of the Court shall have been first obtained. An application for such leave may be made by motion on notice served not less than four clear days before the hearing; and the provisions of Order 13, rule 14 (2) and (3) shall apply to such application.

16. In actions to recover a debt or liquidated demand arising under a hire-purchase agreement or credit-sale agreement (as defined by the Hire-Purchase Act, 1946 ) or any contract of guarantee relating to such an agreement, judgment in default of defence shall not be entered until after the expiration of twelve months from the date of issue of the summons by which the proceedings were instituted unless the leave of the Court shall have been first obtained. An application for such leave may be made by motion on notice served, not less than four clear days before the hearing, personally or by registered post addressed to the defendant at his last known place of address; and judgment shall not be entered until an affidavit shall have been filed stating that the requirements specified in section 3 or section 4 (as the case may be) of the Hire-Purchase Act, 1946 , (as amended by sections 21 and 22 of the Hire-Purchase Act, 1960) have been complied with.

ORDER 28. AMENDMENT.

1. The Court may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

2. The plaintiff may, without any leave, amend his statement of claim, whether indorsed on the summons or not, once at any time before the expiration of the time limited for reply, and before replying or, where no defence is delivered, at any time before the expiration of four weeks from the appearance of the defendant who shall have last appeared.

3. A defendant who has set up any counterclaim or set-off may without any leave, amend such counterclaim or set-off at any time within six days from the delivery of the reply or the expiration of the time allowed for delivery thereof, whichever shall be the shorter.

4. Where any party has amended his pleading under either rule 2 or rule 3, the opposite party may, within eight days after the delivery to him of the amended pleading, apply to the Court to disallow the amendment, or any part thereof, and the Court may, if satisfied that the justice of the case requires it, disallow the same, or allow it subject to such terms as to costs or otherwise as may be just.

5. Where any party has amended his pleadings under rule 2 or rule 3, the opposite party shall plead to the amended pleading, or amend his pleading, within the time he then has to plead or within eight days from the delivery of the amendment, whichever shall be the longer; and in case the opposite party has pleaded before the delivery of the amendment, and does not plead again or amend within the time above mentioned, he shall be deemed to rely on his original pleading in answer to such amendment.

6. In all cases not provided for by the preceding rules of this Order, application for leave to amend may be made by either party to the Court before or at the trial of the action, and such amendment may be allowed upon such terms as to costs or otherwise as may be just.

7. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid, or of such fourteen days as the case may be, become ipso facto void, unless the time is extended by the Court.

8. An indorsement or pleading may be amended by written alterations in the copy which has been delivered, and by additions on paper to be interleaved therewith if necessary, unless the amendments require the insertion of more than 144 words in any one place, or are so numerous, or of such a nature that the making of them in writing would render the document difficult or inconvenient to read, in either of which cases the amendment must be made by delivering the document as amended, which shall be printed when printing is required under Order 19, rule 9.

9. Whenever any indorsement or pleading is amended, the same when amended, shall be marked with the date of the order, if any, under which the same is so amended, and of the day on which such amendment is made, in manner following, viz.: "Amended the  day of        pursuant to order of        dated the       day of       ."

10. Whenever any indorsement or pleading is amended, such amended document shall be delivered to the opposite party within the time allowed for amending the same.

11. Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court on motion without an appeal.

12. The Court may at any time, and on such terms as to costs or otherwise as the Court may think just, amend any defect or error in any proceedings, and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings.

13. The costs of and occasioned by any amendment made pursuant to rules 2 and 3 shall be borne by the party making the same, unless the Court shall otherwise order.

ORDER 29. SECURITY FOR COSTS.

1. When a party shall require security for costs from another party, he shall be at liberty to apply by notice to the party for such security; and in case the latter shall not, within forty-eight hours after service thereof, undertake by notice to comply therewith, the party requiring the security shall be at liberty to apply to the Court for an order that the said party do furnish such security.

2. A defendant shall not be entitled to an order for security for costs solely on the ground that the plaintiff resides in Northern Ireland.

3. No defendant shall be entitled to an order for security for costs by reason of any plaintiff being resident out of the jurisdiction of the Court, unless upon a satisfactory affidavit that such defendant has a defence upon the merits.

4. A plaintiff ordinarily resident out of the jurisdiction may be ordered to give security for costs though he may be temporarily resident within the jurisdiction.

5. If a person brings an action for the recovery of land after a prior action for the recovery of the same has been brought by such person or by any person through or under whom he claims, against the same defendant, or against any person through or under whom he defends, the Court may at any time order that the plaintiff shall give to the defendant security for the defendant's costs, whether the prior action has been disposed of by discontinuance or by non-suit or by judgment for the defendant.

6. Where the Court shall have made an order that a party do furnish security for costs, the amount of such security and the time or times at which, and the manner and form in which, and the person or persons to whom, the same shall be given shall, subject to rule 7, be determined by the Master in every case.

7. Where a bond is to be given as security for costs, it shall, unless the Master shall otherwise direct, be given to the party or person requiring the security, and not to an officer of the Court. Provided that in any matrimonial cause or matter where security for costs is to be given by bond the bond shall be given to the Master.

ORDER 30. SIDE-BAR ORDERS.

The following shall be the side-bar orders of the Court:—

(1) For plaintiff, lately an infant to proceed in his own name, he having attained his full age (in cases not coming within Order 15, rule 16).

(2) To proceed against a defendant, lately an infant, he having attained his full age (in cases not coming within Order 15, rule 16).

(3) To proceed notwithstanding the death of a party, his right surviving.

(4) To proceed by or against a new Attorney General.

(5) That a party do furnish a rental.

(6) That tenants do pay their rents to receiver, sequestrator, guardian, or administrator pendente lite.

(7) That persons indebted to personal estate do pay the sums due by them to receiver or administrator pendente lite.

(8) For injunction to sheriff to put purchaser into possession.

(9) For injunction to sheriff to put tenant into possession.

(10) To discharge receiver over lands sold by the Land Judge, or over lands comprised in a vesting order made or an agreement fiated by the Irish Land Commission (on production of a certificate of the Irish Land Commission that such vesting order has been made or such agreement fiated, and of the advance having been made in respect of such lands).

(11) To confirm sale absolutely.

(12) To receive a consent and make the same a rule of Court in cases heretofore usual.

(13) To make a conditional order absolute on a certificate of no cause, and to make an order directing payment of such costs (if any) as were reserved on the making of the conditional order.

(14) For judgment of ouster on a disclaimer.

(15) To proceed compromise off.

(16) To change solicitor in matrimonial causes or matters under Order 70, rule 69.

(17) That the non-appearance of a party cited be taken as a renunciation of his right to probate or administration under Order 79, rule 57.

(18) That a party cited extract probate or administration, or that his not doing so be taken as a renunciation of his right under Order 79, rule 58.

(19) In admiralty — to receive agreements in writing under Order 64, rule 52.

Save as aforesaid no side-bar order shall be entered or made.

ORDER 31. INTERROGATORIES, DISCOVERY AND INSPECTION.

1. In any cause or matter where relief by way of damages or otherwise is sought on the ground of fraud or breach of trust, the plaintiff may at any time after delivering his statement of claim, and a defendant may at or after the time of delivering his defence, without any order for that purpose, and in every other cause or matter any party may by leave of the Court, upon such terms as to security for costs or otherwise as the Court may direct, deliver interrogatories in writing for the examination of the opposite parties, or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof, stating which of such interrogatories each of such persons is required to answer: provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose; provided also that interrogatories which do not relate to any matters in question in the cause or matter shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness.

2. A copy of the interrogatories proposed to be delivered shall be delivered with the notice of application for leave to deliver them, unless the Court shall otherwise order, and the particular interrogatories sought to be delivered shall be submitted to and considered by the Court. In deciding upon such application, the Court shall take into account any offer which may be made by the party sought to be interrogated, to deliver particulars, or to make admissions, or to produce documents, relating to any matter in question. Leave shall be given as to such only of the interrogatories as shall be considered necessary either for disposing fairly of the cause or matter or for saving costs.

3. In adjusting the costs of the cause or matter inquiry shall at the instance of any party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the Taxing Master or of the Court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault.

4. Interrogatories shall be in the Form No. 8 in Appendix C.

5. If any party to a cause or matter be a body corporate or a joint stock company, whether incorporated or not, or any other body of persons, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation, company, or body, and an order may be made accordingly.

6. Any objection to answering any one or more of several interrogatories on the ground that it is or they are scandalous or irrelevant, or not bona fide for the purpose of the cause or matter, or that the matters inquired into are not sufficiently material at that stage, or on any other ground, may be taken in the affidavit in answer.

7. Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary, or scandalous: and any application for this purpose may be made within seven days after service of the interrogatories.

8. Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the Court may allow.

9. An affidavit in answers to interrogatories shall be in the Form No. 9 in Appendix C.

10. No exception shall be taken to any affidavit in answer but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the Court on motion.

11. If any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the Court for an order requiring him to answer, or to answer further, as the case may be; and an order may be made requiring him to answer or answer further, either by affidavit or by viva voce examination, as the Court may direct.

12. (1) Any party may, without filing any affidavit, apply to the Court for an order directing any other party to any cause or matter to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the cause or matter, or make such order on such terms as to security for the costs of discovery or otherwise and either generally or limited to certain classes of documents as may be thought fit.

(2) On any such application the Court, in lieu of ordering an affidavit of documents to be filed, may order that the party from whom discovery is sought shall deliver to the opposite party a list of the documents which are or have been in his possession, custody, or power, relating to the matters in question. Such list shall, as nearly as may be, follow the form of the affidavit prescribed in rule 13. The ordering of the delivery of such list shall not preclude the Court from afterwards ordering the making and filing of an affidavit of documents.

(3) An order shall not be made under this rule if and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs.

13. The affidavit, to be made by a party against whom such order as is mentioned in rule 12 (1), has been made, shall specify which, if any, of the documents therein mentioned he objects to produce, and it shall be in the Form No. 10 in Appendix C.

14. The Court may at any time during the pendency of any cause or matter, order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such cause or matter, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just.

15. Every party to a cause or matter shall be entitled at any time, by notice in writing, to give notice to any other party, in whose pleadings, or affidavit or list of documents reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his solicitor, and to permit copies thereof to be taken; and any party not complying with such notice shall not afterwards be at liberty to put any such documents in evidence on his behalf in such cause or matter, unless he shall satisfy the Court that such document relates only to his own title, he being a defendant to the cause or matter, or that he had some other cause or excuse which the Court shall deem sufficient for not complying with such notice; in which case the Court may allow the same to be put in evidence on such terms as to costs and otherwise as the Court shall think fit.

16. Notice to any party to produce any documents referred to in his pleadings or affidavit or list of documents shall be in the Form No. 11 in Appendix C.

17. The party to whom such notice is given, shall, within two days from the receipt of such notice, if all the documents therein referred to have been set forth by him in such affidavit or list as is mentioned in rule 13, or if any of the documents referred to in such notice have been set forth by him in any such affidavit or list, then within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof, at which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, or in the case of bankers' books or other books of account, or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall be in the Form No. 12 in Appendix C.

18. (1) If the party served with notice under rule 15 omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of his solicitor, the Court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit; and, except in the case of documents referred to in the pleadings or affidavits of the party against whom the application is made, or disclosed in his affidavit or list of documents, such application shall be founded upon an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them and that they are in the possession or power of the other party.

(2) An order shall not be made under this rule if and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs.

19. If the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, the Court may, if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the cause or matter, or that for any other reason it is desirable that any issue or question in dispute in the cause or matter should be determined before deciding upon the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection.

20. (1) Where inspection of any business books is applied for, the Court may, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations, or alterations. Provided that, notwithstanding that such copy has been supplied, the Court may order inspection of the book from which the copy was made.

(2) Where on an application for an order for inspection privilege is claimed for any document, the Court may inspect the document for the purpose of deciding as to the validity of the claim for privilege.

(3) The Court may, on the application of any party to a cause or matter at any time, and whether an affidavit or list of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether any one or more specific documents, to be specified in the application, is or are, or has or have at any time been in his possession or power; and, if not then in his possession, when he parted with the same, and what has become thereof. Such application shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has, or has at some time had, in his possession or power the document or documents specified in the application, and that they relate to the matters in question in the cause or matter, or to some of them.

21. If any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall be liable to attachment. He shall also, if a plaintiff be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating may apply to the Court for an order to that effect, and an order may be made accordingly.

22. Service of an order for interrogatories or discovery or inspection made against any party on his solicitor shall be sufficient service to found an application for an attachment for disobedience to the order. But the party against whom the application for attachment is made may show in answer to the application that he has had no notice or knowledge of the order.

23. A solicitor, upon whom an order against any party for interrogatories or discovery or inspection is served under rule 22, who neglects without reasonable excuse to give notice thereof to his client, shall be liable to attachment.

24. Any party may, at the trial of a cause, matter, or issue, use in evidence any one or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the whole of such answer; provided always that in such case the Court may look at the whole of the answers, and if it shall be of opinion that any others of them are so connected with those put in that the last-mentioned answers ought not to be used without them, it may direct them to be put in.

25. In every cause, or matter, the costs of discovery, by interrogatories, or otherwise, shall unless otherwise ordered by the Court, be allowed, as part of the costs of the party seeking discovery, either as between party and party or solicitor and client, where, and only where, such discovery shall be certified by the Court at the trial, or, if there is no trial, shall appear to the Court, or to the Taxing Master, upon special grounds to be certified by such Taxing Master, to have been reasonably asked for.

26. In any action against or by a sheriff or county registrar in respect of any matters connected with the execution of office of sheriff, the Court may, on the application of either party, order that the affidavit to be made in answer either to interrogatories or to an order for discovery shall be made by the officer actually concerned.

27. This Order shall apply to infant plaintiffs and defendants and to their next friends and guardians ad litem.

28. This Order shall not authorise an order for discovery or inspection being made against an informant suing on behalf of the State or the People, and every such informant shall be entitled without an order for that purpose to deliver interrogatories at any time before issue joined.

29. Any person not a party to the cause or matter before the Court who appears to the Court to be likely to have or to have had in his possession custody or power any documents which are relevant to an issue arising or likely to arise out of the cause or matter or is or is likely to be in a position to give evidence relevant to any such issue may by leave of the Court upon the application of any party to the said cause or matter be directed by order of the Court to answer such interrogatories or to make discovery of such documents or to permit inspection of such documents. The provisions of this Order shall apply mutatis mutandis as if the said order of the Court had been directed to a party to the said cause or matter provided always that the party seeking such order shall indemnify such person in respect of all costs thereby reasonably incurred by such person and such costs borne by the said party shall be deemed to be costs of that party for the purposes of Order 99.

ORDER 32. ADMISSIONS.

1. Any party to a cause or matter may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.

2. Either party may call upon the other party to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such documents shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, unless at the trial or hearing the Court shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the Taxing Master, a saving of expense.

3. A notice to admit documents shall be in the Form No. 13 in Appendix C.

4. 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 Court, 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 Court shall certify that the refusal to admit was reasonable, or unless the Court 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 Court 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 Taxing Master or the Court 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 Court shall otherwise order, be paid by the party omitting to serve such notice.

5. A notice to admit facts shall be in the Form No. 14 in Appendix C and admissions of facts shall be in the Form No. 15 in Appendix C.

6. Any party may at any stage of a cause or matter, where admissions of fact have been made, either on the pleadings or otherwise apply to the Court for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties, and the Court may upon such application make such order, or give such judgment, as the Court may think just.

7. An affidavit of the solicitor of the due signature of any admissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidence of such admissions, if evidence thereof be required.

8. Notice to produce documents shall be in the Form No. 16 in Appendix C. An affidavit of the solicitor, or his clerk, of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served.

9. If a notice to admit or produce comprises documents which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice.

ORDER 33. ISSUES, ACCOUNTS AND INQUIRIES.

1. Where in any cause or matter it appears to the Court that the issues of fact in dispute are not sufficiently defined, the parties may be directed to prepare issues, and such issues shall, if the parties differ, be settled by the Court.

2. The Court may, at any stage of the proceedings in a cause or matter, direct any necessary inquiries to be made or accounts taken, notwithstanding that it may appear that there is some special or further relief sought or some special issue to be tried, as to which it may be proper that the cause or matter should proceed in the ordinary manner.

3. The Court may, either by the judgment or order directing an account to be taken, or by any subsequent order, give special directions with regard to the mode in which the account is to be taken or vouched, and in particular may direct that in taking the account, the books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objections thereto as they may be advised.

4. Where any account is directed to be taken, the accounting party, unless the Court shall otherwise direct, shall make out his account and verify the same by affidavit. The items on each side of the account shall be numbered consecutively and the account shall be referred to by the affidavit as an exhibit and be left in the proper office.

5. Any party seeking to charge any accounting party beyond what he has by his account admitted to have received or objecting to the allowance of any sum claimed as a disbursement in such account, shall give notice in writing to the accounting party, stating, so far as he is able, the amount sought to be charged or the items objected to (as the case may be), the particulars thereof and (in the case of an objection) the reasons therefor in a short and succinct manner; and such accounting party shall be at liberty to reply to such charge or objection (as the case may be) by giving notice in writing to such first-named party, the particulars in such reply to be also stated in a short and succinct manner. Any notice in writing given under this rule shall be given within such time or times as the officer taking the account may generally or in any particular case fix. Such notice shall be in the Form No. 13 in Appendix G.

6. Every judgment or order for a general account of the personal estate of a testator or intestate shall contain a direction for an inquiry as to what parts (if any) of such personal estate are outstanding or, undisposed of, unless the Court shall otherwise direct.

7. A judgment or order for an account given or made on behalf of an incumbrancer shall direct an account to be taken of all incumbrances subsequent as well as prior to, or contemporaneous with the plaintiff's demand, and an inquiry as to the respective priorities of all such demands as shall be proved; and when any surplus produce of any sale, had under such judgment or order, after payment of the demands and costs of the plaintiff, and prior and contemporaneous incumbrances shall remain in Court, the same shall be distributed amongst the incumbrancers who may have proved their demands in the cause, according to their priorities, if the Court shall so order: Provided always, that if the Court shall be of opinion that extending the account to incumbrances subsequent to the demand of the plaintiff will improperly delay the plaintiff in recovering his demand, the account shall be confined to the rights of the plaintiff, and of incumbrancers prior to and contemporaneous with him.

8. Any incumbrancer subsequent in order of priority to the demand of the plaintiff, in case any lands or property the subject of such suit shall remain unsold, after provision for the plaintiff's demands and those of prior incumbrancers, shall be at liberty to apply to the Court for an order directing a sale of such unsold lands or property, or a competent part thereof, for payment of the demands subsequent to that of the plaintiff, which may have been proved as aforesaid; and the Court may accordingly direct such sale, if of opinion that such incumbrancers, or any of them, would be entitled to have their demands raised by a sale of such lands or property; or may direct a receiver to be appointed or continued over such unsold land or property, for the benefit of such subsequent incumbrancers and distribute the funds to be received by such receiver accordingly.

9. Where by any judgment or order, any accounts are directed to be taken or inquiries to be made, each such direction shall be numbered, so that, as far as may be, each distinct account and inquiry may be designated by a number and such judgment or order shall be in the Form No. 29 in Appendix G.

10. In taking any account directed by any judgment or order, all just allowances shall be made without any direction for that purpose.

11. If it shall appear to the Court on the representation of the Examiner or otherwise that there is any undue delay in the prosecution of any accounts or inquiries or in any other proceedings under any judgment or order, the Court may require the party having the conduct of the proceedings, or any other party, to explain the delay, and may thereupon make such order with regard to expediting the proceedings or the conduct thereof, or the stay thereof, and as to the costs of the proceedings, as the circumstances of the case may require; and for the purposes aforesaid, any party, or a special solicitor to be named by the Court for the purpose, may be directed to summon the persons whose attendance is required, and to conduct any proceedings, and carry out any directions which may be given; and any costs of such special solicitor shall be paid by such parties or out of such funds as the Court may direct; and if any such costs be not otherwise paid, the same shall be paid out of such moneys (if any) as the Oireachtas may provide.

ORDER 34. SPECIAL CASE.

1. The parties to any cause or matter may concur in stating the questions of law arising therein in the form of a special case for the opinion of the Court. Every such special case shall be divided into paragraphs numbered consecutively, and shall concisely state such facts and documents as may be necessary to enable the Court to decide the questions raised thereby. Upon the argument of such case the Court and the parties shall be at liberty to refer to the whole contents of such documents, and the Court shall be at liberty to draw from the facts and documents stated in any such special case any inference, whether of fact or law, which might have been drawn therefrom if proved at a trial.

2. If it appear to the Court that there is in any cause or matter a question of law, which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to an arbitrator, the Court may make an order accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case or in such other manner as the Court may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed.

3. Every special case shall be printed by the plaintiff and signed by the several parties or their counsel or solicitor, and shall be filed by the plaintiff. Printed copies for the use of the Court shall be delivered by the plaintiff.

4. No special case in any cause or matter to which an infant, or person of unsound mind not so found by inquisition, is a party, shall be set down for argument without leave of the Court, the application for which must be supported by sufficient evidence that the statements contained in such special case, so far as the same affect the interest of such infant, or person of unsound mind, are true.

5. Either party may enter a special case for argument by delivering to the proper officer a memorandum of entry, in the Form No. 26 in Appendix C, and also if any infant, or person of unsound mind, not so found by inquisition be a party to the cause or matter, producing a copy of the order giving leave to enter the same for argument.

6. The parties to a special case may, if they think fit, enter into an agreement in writing, that, on the judgment of the Court being given in the affirmative or negative of the questions of law raised by the special case, a sum of money, fixed by the parties, or to be ascertained by the Court, or in such manner as the Court may direct, shall be paid by one of the parties to the other of them, either with or without costs of the cause or matter; and the judgment of the Court may be entered for the sum so agreed or ascertained, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless stayed on appeal.

7. This Order shall apply to every special case stated in a cause or matter, or in any proceeding incidental thereto, and to any special case stated for the opinion of the Court in pursuance of any statute relating to the Revenue so far as the same is not inconsistent with the provisions of such statute.

8. Any special case may hereafter be stated for the same purposes as provided by the Chancery (Ireland) Act, 1867 (30 & 31 Vic. c. 44) and the provisions of the said Act shall apply to such case, save in so far as the same may be inconsistent with this Order.

ORDER 35. ISSUES OF FACT WITHOUT PLEADINGS.

1. When the parties to a cause or matter are agreed as to the questions of fact to be decided between them, they may, after issue of the summons and before judgment, by consent and order of the Court, proceed to the trial of any such questions of fact without formal pleadings; and such questions may be stated for trial in an issue in the Form No. 17 in Appendix C, and such issue may be entered for trial and tried in the same manner as any issue joined in an ordinary action, and the proceedings shall be under the control and jurisdiction of the Court, in the same way as the proceedings in an action.

2. The Court may by consent of the parties order that, upon the finding in the affirmative or negative of such issue as in rule 1 mentioned, a sum of money, fixed by the parties, or to be ascertained upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other of them either with or without the costs of the cause or matter.

3. Upon the finding of any such issue, as in rule 1 mentioned, judgment may be entered for the sum so agreed or ascertained as aforesaid, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless the Court shall order a stay of execution with a view to an appeal.

4. The proceedings upon such issue, as in rule 1 mentioned, may be recorded at the instance of either party, and the judgment, whether actually recorded or not, shall have the same effect as any other judgment in a contested action.

ORDER 36. TRIAL.

I. Place and mode of trial.

1. All proceedings in the High Court shall be tried at the Four Courts, Dublin, unless otherwise ordered or provided by statute or by these Rules.

2. ( a ) Subject to the provisions of paragraph (b) of this rule, an application by any party for an order for the trial of any proceedings elsewhere than in Dublin may be made to a Judge at any time after the close of the pleadings by motion on notice to the other party or parties to such proceedings or, if such other party or parties consent thereto, by motion ex-parte.

( b ) In the case of any proceedings which the parties are entitled as of right to have tried with a jury, notice of trial may be served for any of the following venues—Cork, Limerick, Galway, Sligo, Dundalk, Kilkenny without prior application to the Court, and the matter may be set down for trial at such venue.

( c ) In the event of any party serving a notice of trial for a venue under paragraph 2 (b) of this rule any other party may apply to the Court by notice of motion to vary the venue.

3. A notice of trial shall be served in all actions commenced by plenary summons or adjourned for plenary hearing (other than probate and admiralty actions) and all such actions or matters shall be set down for trial in the Central Office. Motions to set aside a notice of trial shall be brought within four days after service of the notice complained of.

4. The plaintiff in probate and admiralty actions commenced by plenary summons and the petitioner in matrimonial matters commenced by petition, shall apply, by motion on notice to the Master for directions, and the Master, or the Court, if the Master shall have placed the motion in the Court list, shall fix the time and mode of trial and make any ancillary order with respect of pleadings, particulars, discovery, interrogatories, inspection of documents, inspection of real or personal property, commissions, examination of witnesses, settlement of issues, or otherwise, which may be necessary or expedient. Provided that in case the plaintiff in any such probate or admiralty action or the petitioner in any such matrimonial matters shall fail so to apply within fourteen days from the delivery of the last pleading, any defendant or any respondent, as the case may be, may apply for directions as aforesaid.

5. All causes or matters, which the parties are not entitled as of right to have tried with a jury, shall be tried by a Judge without a jury, unless the Court shall otherwise order.

6. In all cases not within rule 5, the party serving notice of trial shall state in such notice whether he requires that the issues of fact shall be tried with or without a jury, and in case he requires the same to be tried without a jury, the same shall be so tried, unless the other party or parties, or any of them, shall within fourteen days from the service of notice of trial, or within such time as the Court may allow, signify his desire by notice in writing to have the same tried with a jury, whereupon the same shall be so tried.

7. The Court may, if it shall appear desirable, direct a trial without a jury of any question or issue of fact, or partly of fact and partly of law, arising in any cause or matter which, without any consent of parties, can be tried without a jury, and such trial may, if so ordered by the Court, take place at the same time as the trial by a jury of any issues of fact in the same cause or matter.

8. If it be made to appear at any time after the issuing of the proceedings to the satisfaction of the Court upon the application of either party that the matter in dispute consists wholly or in part of matters of account which cannot conveniently be tried in the ordinary way, the Court upon such application may decide such matter in a summary manner, or order that such matter, either wholly or in part, be referred to an arbitrator appointed by the parties or to the Master or Examiner upon such terms as to costs and otherwise as the Court shall think reasonable.

9. Subject to the provisions of the preceding rules of this Order, the Court may in any cause or matter, at any time or from time to time, order that different questions of fact arising therein be tried by different modes of trial, or that one or more questions of fact be tried before the others, and in all cases may order that one or more issues of fact be tried before any other or others.

10. Every trial of any question or issue of fact with a jury shall be by a Judge, unless such trial be specially ordered to be by two or more Judges.

II. Notice of trial and setting down.

11. Notice of trial may be given in any cause or matter by the plaintiff or other party in the position of plaintiff. Such notice may be given with the reply (if any) whether it closes the pleadings or not, or at any time after the issues of fact are ready for trial.

12. ( a ) If the plaintiff in any action does not within three weeks after the close of the pleadings give notice of trial, the defendant may on notice to the plaintiff apply to the Court for liberty to give notice of trial, and on the hearing of such application the Court may make such order, on such terms, as to the Court shall seem just.

( b ) If the plaintiff in any action does not within six weeks after the close of the pleadings, or within such extended time as the Court may allow, give notice of trial, the defendant may, before notice of trial given by the plaintiff, give notice of trial (which, in cases where the plaintiff is entitled as of right to a jury, shall be for trial with a jury), or may apply to the Court to dismiss the action for want of prosecution; and on the hearing of such application, the Court may order the action to be dismissed accordingly, or may make such other order, and on such terms, as to the Court may seem just.

13. If within fourteen days after the order of the Master or the Court fixing the time and mode of trial the petitioner shall not enter a matrimonial proceeding for trial, the respondent may enter such proceeding for trial, or may apply to the Court to dismiss the petition for want of prosecution.

14. If within fourteen days after the order of the Master or the Court fixing the time and mode of trial, the plaintiff in a probate or an admiralty action shall not enter the action for trial, the defendant may enter the action for trial.

15. Notice of trial shall state whether it is for the trial of the cause or matter or of issues therein, and shall be in one of the Forms Nos. 18 and 19 in Appendix C.

16. Twenty-one days' notice of trial shall be given, unless the party to whom it is given has consented, or is under terms, or has been ordered, to take short notice of trial; and shall be sufficient in all cases, unless otherwise ordered by the Court. Short notice of trial shall be four days' notice, unless otherwise ordered.

17. Notice of trial shall be given before setting down the action for trial.

18. Unless, within fourteen days after notice of trial is given the action shall be set down by one party or the other, the notice of trial shall be no longer in force.

19. Notice of trial or the setting down or entering for trial shall not be or operate as for any particular sittings; but shall be deemed to be for any day after the expiration of the notice on which the trial may come on in its order upon the list.

20. No notice of trial shall be countermanded except by consent or by leave of the Court, which leave may be given subject to such terms as to costs, or otherwise, as may be just.

21. If the party giving notice of trial omits to set down the action within seven days after giving notice of trial, the party to whom notice has been given may, unless the notice has been countermanded under rule 20, set down the action subject to rule 18.

22. The officer having the management of the Central Office for the time being shall be the proper officer to make entries and render accounts of all fines or penal sums imposed by the Court.

23. When any cause or matter shall have been adjourned for further consideration, the same may, after the expiration of eight days, and within fourteen days from the filing of the Examiner's certificate, be set down for further consideration, on the written request of the solicitor for the plaintiff or party having the conduct of the proceedings, and after the expiration of such fourteen days the cause or matter may be set down by the Registrar on the written request of the solicitor for the plaintiff or for any other party; and in either case, upon production of the judgment or order adjourning further consideration, or a copy thereof and a copy of the Examiner's certificate or a memorandum of the date when the certificate was filed, indorsed on the request by the proper officer. The request may be in the form No. 27 in Appendix G. The cause or matter when so set down shall not be put into the list for further consideration until after the expiration of six days from the day on which the same was so set down. Notice thereof shall be given to the other parties in the action at least four days before the day for which the same may be so marked for further consideration. Such notice may be in the Form No. 28 in Appendix G.

III. Papers for Judge.

24. The party desiring to set down the proceedings for trial shall do so by delivering to the proper officer a copy of the notice of trial together with two copies of the whole of the pleadings, and of any letter or notice for particulars and reply thereto, one of which shall be for the use of the Judge at the trial.

25. The party entering a probate action for trial shall, together with the two copies of the whole pleadings, deliver to the proper officer a list with names and dates of all caveats, warnings, citations and appearances lodged, filed, issued or entered down to the date of such delivery and a copy of the order fixing the time and mode of trial.

26. The party entering for trial a matrimonial proceeding commenced by petition shall deliver to the proper officer two copies of the whole of the pleadings, and a copy of the order fixing the time and mode of trial and the issues to be tried.

27. The party entering any proceedings for trial or his solicitor shall lodge a separate certificate certifying that all copies lodged are true copies.

IV. Proceedings at trial.

28. If, when a trial is called on, the plaintiff appears, and the defendant does not appear, the plaintiff may prove his claim, so far as the burden of proof lies upon him.

29. In an action for the recovery of land, in case the title of the plaintiff shall appear to have existed as alleged in the summons at the time of service thereof, but it shall also appear to have expired before the time of trial, the plaintiff shall, notwithstanding, be entitled to a verdict according to the fact that he was so entitled at the time of bringing the action and serving the summons, and to a judgment for his costs of suit.

30. In an action for the recovery of land, if the plaintiff appears and the defendant does not appear, the plaintiff shall be entitled to a verdict, without any proof of his title, and in case of an action for the recovery of land, grounded on title, shall be entitled to prove the amount of damages sustained by reason of the loss of the mesne rates and profits, and in case of an action for the recovery of land for non-payment of rent, shall be entitled to prove the amount of rent actually due, and to have a verdict for the same.

31. In cases coming within rule 30, where the action is for the recovery of land for non-payment of rent, the amount of rent due may be proved by the affidavit of the landlord, his agent, receiver or clerk.

32. If, when a trial is called on, the defendant appears, and the plaintiff does not appear, the defendant, if he has no counter-claim, shall be entitled to judgment dismissing the action, but, if he has a counter-claim, then he may prove such counter-claim so far as the burden of proof lies upon him.

33. Any verdict or judgment obtained where one party does not appear at the trial may be set aside by the Court upon such terms as may seem fit, upon an application made within six days after trial.

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

35. Upon a trial with a jury, the addresses to the jury shall be regulated as follows: the party who begins, or his counsel, shall be allowed at the close of his case, if his opponent does not announce any intention to adduce evidence, to address the jury a second time for the purpose of summing up the evidence, and the opposite party, or his counsel, shall be allowed to open his case, and also to sum up the evidence, if any, and the right to reply shall be the same as heretofore.

36. In actions for libel or slander, in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander was published, or as to the character of the plaintiff, without the leave of the Judge, unless seven days at least before the trial he furnished particulars to the plaintiff of the matters as to which he intends giving evidence.

37. The Judge may in all cases disallow any questions put in cross-examination of any party or other witness which may appear to him to be vexatious, and not relevant to any matter proper to be inquired into in the cause or matter.

38. The Judge may, at or after a trial, direct that judgment be entered for any or either party, or adjourn the case for further consideration before him. No judgment shall be entered after a trial without the order of the Judge.

39. Upon every trial the Registrar or other proper officer shall record all such findings of fact as the Judge may direct and the directions, if any, of the Judge as to judgment, and the certificates, if any, granted by the Judge, in a book to be kept for the purpose.

40. If the Judge shall direct that any judgment be entered for any party, the Registrar or other proper officer shall enter judgment accordingly.

41. Trials with assessors shall take place in such manner and upon such terms as the Court shall direct.

42. In every action tried by a Judge with a jury in which damages are claimed for injury to person and property caused by the negligent driving of a mechanically propelled vehicle the liability for which is required to be covered by an approved policy of insurance under the Road Traffic Act, 1961 , section 56, the Judge shall direct the jury to apportion the damages (if any) awarded between the injury to person and the injury to property.

V. Reference to Master as to damages.

43. The arrangement and regulation of the course of proceeding under a reference to the Master as to damages shall be wholly subject to the control and direction of the Master.

44. The evidence in all cases shall be taken down at the time by the Master, and preserved by him.

45. The result of the inquiry before the Master shall be stated in a certificate signed by him, and such certificate, when settled, shall be engrossed, and when signed shall be filed, and thereupon such certificate shall stand confirmed unless within four days after the filing thereof a notice of motion be served to set aside or vary the same.

46. Every such notice of motion shall specify the grounds on which it is intended to apply to set aside or vary such certificate.

47. Where the Master's certificate shall stand confirmed under rule 44, or shall on such motion as therein mentioned be confirmed, final judgment may forthwith be entered accordingly.

48. In every action or proceeding in which it shall appear to the Court that the amount of damages sought to be recovered is substantially a matter of calculation, the Court may direct that the amount for which final judgment is to be entered shall be ascertained by the Master or other proper officer of the Court, and the attendance of witnesses and the production of documents before the Master or such officer may be compelled by subpoena, and the Master or such officer may adjourn the inquiry from time to time, and shall certify the amount found by him, and the like proceedings may thereupon be had as to taxation of costs, entering judgment, and otherwise, as upon the finding of a jury.

49. Where damages are to be assessed in respect of any continuing cause of action, they shall be assessed down to the time of the assessment.

ORDER 37. HEARING OF PROCEEDINGS COMMENCED BY SUMMARY SUMMONS.

1. Every summary summons indorsed with a claim (other than for an account) under Order 2 to which an appearance has been entered shall be set down before the Master by the plaintiff, on motion for liberty to enter final judgment for the amount claimed, together with interest (if any), or for recovery of land, with or without rent or mesne profits (as the case may be) and costs, and, in the case of an action for the recovery of land for non-payment of rent, to ascertain the amount of rent due. Such motion shall be for the first available day, as the Master may fix, not being less than four clear days from the service thereof upon the defendant, and shall be supported by an affidavit sworn by the plaintiff or by any other person who can swear positively to the facts showing that the plaintiff is entitled to the relief claimed and stating that in the belief of the deponent there is no defence to the action. A copy of any such affidavit shall be served with the notice of motion.

2. Save in so far as the Court shall otherwise order, a motion for liberty to enter judgment under this Order shall be heard on affidavit: provided that any party desiring to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party may serve upon the party by whom such affidavit has been filed a notice in writing requiring the production of the deponent for cross-examination, and unless such deponent is produced accordingly his affidavit shall not be used as evidence unless by the special leave of the Master or the Court, as the case may be. In cases in which the Master has jurisdiction, he shall have the same power as the Court to hear oral evidence.

3. The defendant may show cause against such motion by affidavit, or (except in actions for the recovery of land other than for non-payment of rent), by offering to bring into Court the sum indorsed on the summons. Such affidavit shall state whether the defence alleged goes to the whole or to part only, and (if so) to what part, of the plaintiff's claim. The Court may order the defendant, or, in the case of a corporation, any officer thereof, to attend and be examined upon oath, or to produce any leases, deeds, books or documents, or copies of or extracts from any of them.

4. Upon the hearing of any such motion, the Master, in all uncontested cases, may deal with the matter summarily, and may give liberty to enter judgment for the relief to which the plaintiff may appear to be entitled and, for that purpose, in the case of an action for the recovery of land for non-payment of rent, may ascertain the amount of rent due, or he may dismiss the action and generally may make such order for the determination of the action as may seem just.

5. If, in any case in which a plaintiff is entitled to apply to the Master for liberty to enter final judgment under any of the preceding rules of this Order, the plaintiff claims interest on the whole or any part of the sum of money for which the plaintiff is entitled to apply to the Master as aforesaid between the date on which the cause of action accrued and the date of judgment under section 22 of the Courts Act, 1981 , the Master shall transfer the application when in order for hearing by the Court, to the Court list for hearing on the first opportunity. The said application shall be supported by an affidavit sworn by the plaintiff or some other person who can positively swear to the facts showing that the plaintiff is entitled to the relief claimed including such interest stating that in the belief of the deponent there is no defence to the action.

6. In contested cases, the Master shall transfer the case, when in order for hearing by the Court, to the Court list for hearing on the first opportunity; and, for this purpose, the Master may extend the time for filing affidavits and give such directions and adjourn the case before himself as he shall think fit. The Master may also, on consent, adjourn the case for plenary hearing as if the proceedings had been originated by plenary summons, with such directions as to pleadings, discovery, settlement of issues or otherwise as may be appropriate.

7. Upon the hearing of any such motion by the Court, the Court may give judgment for the relief to which the plaintiff may appear to be entitled or may dismiss the action or may adjourn the case for plenary hearing as if the proceedings had been originated by plenary summons, with such directions as to pleadings or discovery or settlement of issues or otherwise as may be appropriate, and generally may make such order for determination of the questions in issue in the action as may seem just.

8. Except in actions for the recovery of land for non-payment of rent, if it appear that the defence set up by the defendant applies only to a part of the plaintiff's claim, or that any part of his claim is admitted, the plaintiff shall have judgment forthwith for such part of his claim as the defence does not apply to or as is admitted, subject to such terms, if any, as to suspending execution, or the payment of the amount levied or any part thereof into Court by the sheriff, the taxation of costs, or otherwise, as the Court may think fit; and the defendant may be allowed to defend as to the residue of the plaintiff's claim.

9. If it appears to the Court that any defendant has a good defence to or ought to be permitted to defend the action, and that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff shall be entitled to enter final judgment against the latter, and may issue execution upon such judgment without prejudice to his right to proceed with his action against the former.

10. Leave to defend may be given unconditionally or subject to such terms as to give security, or time and mode of trial, or otherwise as the Court may think fit.

11. If, on the hearing of any motion under this Order, it shall appear that any claim which could not have been specially indorsed under Order 2 has been included in the indorsement on the summons, the Master or the Court, as the case may be, may forthwith amend the indorsement by striking out such claim, or may deal with the claim specially indorsed as if no other claim had been included in the indorsement, and allow the action to proceed as respects the residue of the claim.

12. In any case of difficulty or doubt the Master may transfer the case to the Court list for hearing notwithstanding that he might have had jurisdiction to deal with the case himself under this Order.

13. Where a summary summons has been indorsed with a claim for an account under Order 2, or where the indorsement on a summons involves taking an account, and the defendant fails to appear, the Master shall forthwith make an order for the proper accounts, with all necessary inquiries and directions.

14. Where a summary summons has been indorsed with a claim for an account under Order 2, or where the indorsement on a summons involves taking an account, and the defendant does not after appearance, by affidavit or otherwise, satisfy the Court that there is some preliminary question to be tried, the Court shall forthwith make an order for the proper accounts, with all necessary inquiries and directions.

15. An application for such order as is mentioned in rule 13, or rule 14, shall be made by motion on notice, and be supported by an affidavit, when necessary, filed on behalf of the plaintiff, stating concisely the grounds of his claim to an account. The application may be made at any time after the time for entering an appearance has expired.

ORDER 38. HEARING OF PROCEEDINGS COMMENCED BY SPECIAL SUMMONS.

1. Every special summons shall be returnable for such day as the Master shall fix, which, except in such cases where the parties consent to an earlier date, or where no service is required, shall be not less than seven days from the date of issue, and shall, where necessary, be served on the parties concerned at least four days before the return day. An affidavit verifying the claim indorsed on the summons shall be filed in the Central Office and notice of such filing shall be given to the parties concerned.

2. The Court may direct such other persons to be served with the summons as it may think fit.

3. Save in so far as the Court shall otherwise order, proceedings commenced by special summons shall be heard on affidavit: provided that any party desiring to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party may serve upon the party by whom such affidavit has been filed a notice in writing requiring the production of the deponent for cross-examination, and unless such deponent is produced accordingly his affidavit shall not be used as evidence unless by the special leave of the Court.

4. In cases in which the Master has jurisdiction, he shall have the same power as the Court to hear oral evidence or to direct additional service.

5. In all cases in which he shall have jurisdiction, the Master may decide the matter himself or put it in the Court list for hearing.

6. In all cases in which he shall not have jurisdiction, and in all such other cases which he shall decide to put in the Court list for hearing, the Master shall transfer the summons, when in order for hearing, to the Court list for hearing on the first opportunity.

7. For the purposes of rule 6, or for the purpose of any hearing before himself, the Master may extend the time for filing affidavits and give such directions and adjourn the case before himself as he shall think fit.

8. If at any stage during the course of proceedings instituted by special summons it shall appear to the Court that the determination of some question or questions of fact is necessary for the proper decision or ruling as to the relief to be granted in such proceedings or as to any matter arising therein, the Court may determine such question or questions of fact either by directing the trial of issues in regard thereto or in such other manner (whether summary or otherwise) as may seem convenient for doing justice between the parties; and evidence as to the said question or questions of fact may be given either orally or by affidavit or partly orally and partly by affidavit as the Court may in the circumstances think proper.

9. On the hearing of any special summons, the Master, in a case within his jurisdiction, or the Court, as the case may be, may give judgment for the relief to which the plaintiff may appear to be entitled or may dismiss the action or matter or may adjourn the case for plenary hearing as if the proceedings had been originated by plenary summons with such directions as to pleadings or discovery or settlement of issues or otherwise as may be appropriate, and generally may make such order for determination of the questions in issue in the action or matter as may seem just.

10. The Court may give any special directions touching the carriage or execution of the order, or the service thereof upon persons not parties, as it may think just.

ORDER 39. EVIDENCE.

I. General.

1. In the absence of any agreement in writing between the solicitors of all parties, and subject to these Rules, the witnesses at the trial of any action, or at any assessment of damages, shall be examined viva voce and in open court, but the Court may, at any time for sufficient reason, 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 Court may think reasonable, or that any witness whose attendance in Court ought for some sufficient cause to be dispensed with be examined by interrogatories or otherwise before a commissioner or examiner; provided that, where it appears to the Court 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.

2. An order to read evidence taken in another cause or matter shall not be necessary, but such evidence may, saving all just exceptions, be read on ex parte applications by leave of the Court, to be obtained at the time of making any such application, and in any other case, upon the party desiring to use such evidence giving two days previous notice to the other parties of his intention to read such evidence.

3. Attested copies of all documents filed in the High Court shall be admissible in evidence in all causes and matters and between all persons or parties to the same extent as the originals would be admissible.

II. Examination of witnesses.

4. The Court may, in any cause or matter where it shall appear necessary, make any order for the examination upon oath before the Court, or any officer of the Court, or any other person, and at any place, of any witness, and may allow the deposition of such witness to be adduced in evidence on such terms (if any) as the Court may direct.

5. (1) If in any case the Court shall so order, there shall be issued a request to examine witnesses in lieu of a commission; the forms Nos. 1 and 3 in Appendix D, Part II, shall be used for such order and request, respectively.

(2) Where an order is made for the issue of a request to examine a witness or witnesses in any foreign country, with which a convention in that behalf has been or shall be made, the following procedure shall be adopted:—

( a ) the party obtaining such order shall file in the Central Office an undertaking in the Form No. 2 in Appendix D, Part II.

( b ) such undertaking shall be accompanied by—

(i) a request in the Form No. 3 in Appendix D, Part II, with such variations as may be directed in the order for the issue thereof, together with a translation of such request into the language of the country in which the same is to be executed;

(ii) a copy of the interrogatories (if any) to accompany the request and a translation thereof;

(iii) a copy of the cross-interrogatories (if any) and a translation thereof.

(3) Where an order is made for the examination of a witness or witnesses before the Irish Consular authority in any foreign country with which a convention in that behalf has been or shall be made, such order shall be in the Form No. 4 in Appendix D, Part II.

6. The Court may in any cause or matter, at any stage of the proceedings, order the attendance of any person for the purpose of producing any writings or other documents named in the order which the Court may think fit to be produced; provided that no person shall be compelled to produce under any such order any writing or other document which he could not be compelled to produce at the hearing or trial.

7. Any person wilfully disobeying any order requiring his attendance for the purpose of being examined or producing any document, shall be deemed guilty of contempt of Court, and may be dealt with accordingly.

8. Any person required to attend for the purpose of being examined, or of producing any document, shall be entitled to the like conduct money and payment for expenses and loss of time as upon attendance at a trial in Court.

9. Where any witness or person is ordered to be examined before any officer of the Court, or before any person appointed for the purpose, the person taking the examination shall be furnished by the party on whose application the order was made with a copy of the summons, and pleadings, if any, or with a copy of the documents necessary to inform the person taking the examination of the questions at issue between the parties.

10. The examination shall take place in the presence of the parties, their counsel, solicitors, or agents, and the witnesses shall be subject to cross-examination and re-examination.

11. The depositions taken before an officer of the Court, or before any other person appointed to take the examination, shall be taken down in writing by or in the presence of the examiner, so as to represent as nearly as may be the statement of the witness, and when completed shall be read over to the witness and signed by him in the presence of the parties, or such of them as may think fit to attend. If the witness shall refuse to sign the depositions, the examiner shall sign the same. The examiner may put any question to the witness as to the meaning of any answer, or as to any matter arising in the course of the examination. Any questions which may be objected to shall be taken down by the examiner in the depositions, and he shall state his opinion thereon to the counsel, solicitors, or parties, and shall refer to such statement in the depositions, but he shall not have power to decide upon the materiality or relevancy of any question.

12. If any person duly summoned by subpoena to attend for examination shall refuse to attend, or if having attended, he shall refuse to be sworn or to answer any lawful question, a certificate of such refusal, signed by the examiner, shall be filed in the Central Office, and thereupon the party requiring the attendance of the witness may apply to the Court ex parte or on the notice for an order directing the witness to attend, or to be sworn, or to answer any question, as the case may be.

13. If any witness shall object to any question which may be put to him before an examiner, the question so put, and the objection of the witness thereto, shall be taken down by the examiner, and transmitted by him to the Central Office to be there filed, and the validity of the objection shall be decided by the Court.

14. In any case under rules 12 and 13, the Court shall have power to order the witness to pay any costs occasioned by his refusal or objection.

15. When the examination of any witness before any examiner shall have been concluded, the original depositions, authenticated by the signature of the examiner, shall be transmitted by him to the Central Office, and there filed.

16. The person taking the examination of a witness under this Order may, and if need be shall make, a special report to the Court touching such examination, and the conduct or absence of any witness or other person thereon, and the Court may direct such proceedings and make such order as upon the report it may think just.

17. Except where by this Order otherwise provided or directed by the Court no deposition shall be given in evidence at the hearing or trial of the cause or matter without the consent of the party against whom the same may be offered, unless the Court is satisfied that the deponent is dead, or beyond the jurisdiction of the Court, or unable from sickness or other infirmity to attend the hearing or trial, in any of which cases the depositions certified under the hand of the person taking the examination shall be admissible in evidence saving all just exceptions without proof of the signature to such certificate.

18. Any officer of the Court or other person, directed to take the examination of any witness or person, may administer oaths.

19. Any party in any cause or matter may by subpoena ad testificandum or duces tecum require the attendance of any witness before an officer of the Court, or other person appointed to take the examination, for the purpose of using his evidence upon any proceeding in the cause or matter in like manner as such witness would be bound to attend and be examined at the hearing or trial; and any party or witness having made an affidavit to be used or which shall be used on any proceeding in the cause or matter shall be bound on being served with such subpoena to attend before such officer or person for cross-examination.

20. Evidence taken subsequently to the hearing or trial of any cause or matter shall be taken as nearly as may be in the same manner as evidence taken at or with a view to a trial.

21. The practice with reference to the examination, cross-examination, and re-examination of witnesses at a trial shall extend and be applicable to evidence taken in any cause or matter at any stage.

22. The practice of the Court with respect to evidence at a trial, when applied to evidence to be taken before an officer of the Court or other person in any cause or matter after the hearing or trial, shall be subject to any special directions which may be given in any case.

23. No affidavit or deposition filed or made before issue joined in any cause or matter shall without special leave of the Court be received at the hearing or trial thereof, unless within one month after issue joined or within such longer time as may be allowed by special leave of the Court, notice in writing shall have been given by the party intending to use the same to the opposing party of his intention in that behalf.

24. All evidence taken at the hearing or trial of any cause or matter may be used in any subsequent proceedings in the same cause or matter.

III. Subpoena.

25. Where it is intended to apply for the issue of a subpoena, a praecipe for that purpose, in the Form No. 1 in Appendix D, Part I, and containing the name or firm and the registered place of business of the solicitor so applying, shall in all cases be delivered and filed at the Central Office.

26. A subpoena shall be in one of the Forms Nos. 2 to 5 in Appendix D, Part I.

27. A subpoena for the attendance of a witness before the Master or the Examiner may issue from the Central Office upon a note from the Master or Examiner as the case may be.

28. Every subpoena other than a subpoena duces tecum shall contain three names where necessary or required, but may contain any larger number of names.

29. No more than three persons shall be included in one subpoena duces tecum, and the party applying for the same shall be at liberty to apply for a subpoena for each person if it shall be deemed necessary or desirable.

30. No subpoena shall issue for the production of any record in the custody of the Paymaster-General, or other officer of the State, without an order of the Court; and such officer having the custody of any such record shall not be obliged to remove the same under such order from the depository where same is placed without such order, to be served upon him with the subpoena duces tecum.

31. Any officer of the Court required to attend with any record or document at any court or place, elsewhere than in Dublin, shall be entitled to require that the solicitor or party desiring his attendance shall deposit with him a sufficient sum of money to answer his just fees, charges and expenses, in respect of such attendance, and undertake to pay any further just fees, charges, and expenses which may not be fully answered by such deposit.

32. In the interval between the issue and service of any subpoena the party applying for the same may correct any error in the names of parties or witnesses, and may have it re-sealed upon leaving a corrected praecipe for such subpoena marked with the words "altered and re-sealed" and signed with the name and registered place of business of the solicitor applying.

33. The service of a subpoena shall be effected by delivering a copy thereof, indorsed with the name and address of the solicitor or party issuing the same, and at the same time producing the original.

34. The service of any subpoena shall be of no validity if not made within twelve weeks after its date.

IV. Perpetuating testimony.

35. Any person who would under the circumstances alleged by him to exist become entitled, upon the happening of any future event, to any honour, title, dignity, or office, or to any estate or interest in any property, real or personal, the right or claim to which cannot by him be brought to trial before the happening of such event, may commence an action to perpetuate any testimony which may be material for establishing such right or claim.

36. In all actions to perpetuate testimony touching any honour, title, dignity, or office, or any other matter or thing in which the State may have any estate or interest, the Attorney General may be made a defendant, and in all proceedings in which the depositions taken in any such action, in which the Attorney General was so made a defendant, may be offered in evidence, such depositions shall be admissible notwithstanding any objection to such depositions upon the ground that the State was not a party to the action in which such depositions were taken.

37. Witnesses shall not be examined to perpetuate testimony unless an action has been commenced for the purpose.

38. No action to perpetuate the testimony of witnesses shall be set down for trial.

V. Obtaining evidence for foreign tribunals.

39. Where under the Foreign Tribunals Evidence Act, 1856, or the Extradition Act, 1870, section 24, any civil or commercial matter, or any criminal matter, is pending before a court or tribunal of a foreign country, and it is made to appear to the Court, by commission rogatoire, or letter of request or other evidence as hereinafter provided, that such court or tribunal is desirous of obtaining the testimony in relation to such matter of any witness or witnesses within the jurisdiction, the Court may, on the ex parte application of any person shown to be duly authorised to make the application on behalf of such foreign court or tribunal, and on production of the commission rogatoire, or letter of request, or other evidence pursuant to the Foreign Tribunals Evidence Act, 1856, section 2, or such other evidence as the Court may require, make such order or orders as may be necessary to give effect to the intention of the Acts above mentioned in conformity with the Foreign Tribunals Evidence Act, 1856, section 1.

40. An order made under rule 39 shall be in the Form No. 1 in Appendix D, Part III.

41. The examination may be ordered to be taken before any fit and proper person nominated by the person applying, or before one of the officers of the Court, or such other qualified person, as to the Court may seem fit.

42. (1) Unless otherwise provided in the order for examination, the person before whom the examination is taken shall, on its completion forward the same to the Master, and on receipt thereof the Master shall append thereto a certificate, in the Form No. 2 in Appendix D, Part III, duly certified for use out of the jurisdiction and shall forward the depositions so certified, and the commission rogatoire or letter of request (if any) to the Minister for Foreign Affairs for transmission to the foreign court or tribunal requiring the same.

(2) Where the foreign court or tribunal so desires, the deposition shall be sent direct by the Master to the Consul or other official of the foreign government in Ireland for transmission to the foreign court or tribunal.

43. An order made under rule 39 may direct the said examination to be taken in such manner as may be requested by the commission rogatoire or letter of request from the foreign court or tribunal, or therein signified to be in accordance with the practice or requirements of such court or tribunal, or which may, for the same reason, be requested by the applicant for such order. In the absence of any such special directions being given in the order for examination, the same shall be taken in the manner prescribed in Part II of this Order.

44. Where a commission rogatoire, or letter of request, as mentioned in rule 39, is transmitted to the Chief State Solicitor by the Minister for Foreign Affairs with an intimation that it is desirable that effect should be given to the same without requiring an application to be made to the Court by the agents in Ireland of any of the parties to the action or matter in the foreign country, the Chief State Solicitor may make such applications and take such steps as may be necessary to give effect to such commission rogatoire, or letter of request, in accordance with rules 39 to 43 (inclusive).

ORDER 40. AFFIDAVITS.

I. General.

1. Upon any petition, motion, or other application, evidence may be given by affidavit, but the Court may, on the application of either party, order the attendance for cross-examination of the person making any such affidavit.

2. Save as otherwise provided by these Rules, all affidavits shall be filed in the Central Office. Affidavits used in proceedings to make a minor a ward of Court shall be filed in the Office of Wards of Court. Affidavits used in matters of bankruptcy, arrangement, or insolvency, shall be filed in the Examiner's Office. Affidavits used in non-contentious probate matters shall be filed in the Probate Office.

3. Every affidavit shall be entitled in the cause or matter in which it is sworn; but in every case in which there are more than one plaintiff or defendant, it shall be sufficient to state the full name of the first plaintiff or defendant, respectively, and that there are other plaintiffs or defendants as the case may be; and the costs occasioned by any unnecessary prolixity in any such title shall be disallowed by the Taxing Master.

4. Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, and shall state his means of knowledge thereof, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted. The costs of any affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter, or copies of or extracts from documents, shall not be allowed.

5. Affidavits sworn in Ireland shall be sworn before a judge, commissioner to administer oaths, or officer empowered to administer oaths,

6. Every commissioner to administer oaths shall express the time when and the place where he shall take any affidavit, or the acknowledgment of any deed, or recognisance, otherwise the same shall not be held authentic, nor be admitted to be filed or enrolled without the leave of the Court; and every such commissioner shall express the time when, and the place where, he shall do any other act incident to his office.

7. All examinations, affidavits, declarations, affirmations and attestations of honour in causes or matters pending in the High Court or the Supreme Court, and also acknowledgments required for the purpose of enrolling any deed in the said Courts, may be taken in any foreign country or place before any Irish diplomatic or consular representative or agent exercising his functions in that country or place or, when there is no such representative or agent or no such representative or agent conveniently near to the deponent in such country or place, before any notary public lawfully authorised to administer oaths in that country or place, or where such country or place is a part of the British Commonwealth of Nations or a British possession, before any judge, court, notary public or person authorised to administer oaths in such part or possession; and the Judges and officers of the High Court and of the Supreme Court shall take judicial notice of the seal or signature, as the case may be, of any such diplomatic or consular representative or agent, judge, court, notary public or other person attached, appended or subscribed to any such examination, affidavit, declaration, affirmation, attestation of honour, or acknowledgment, or to any other deed or document.

8. Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs and every paragraph shall be numbered consecutively, and as nearly as may be shall be confined to a distinct portion of the subject matter. Every affidavit shall be written or printed bookwise. No costs shall be allowed for any affidavit or part of an affidavit substantially departing from this rule.

9. Every affidavit shall state the description and true place of abode of the deponent; and every affidavit of service shall state when, where, and how, and by whom, such service was effected and in the case of delivery to any person, shall state that the deponent was at the time of such delivery acquainted with the appearance of such person.

10. In every affidavit made by two or more deponents the names of the several persons making the affidavit shall be inserted in the jurat, except that if the affidavit of all the deponents is taken at one time by the same officer it shall be sufficient to state that it was sworn by both (or all) of the "above-named deponents".

11. There shall be on every affidavit a note showing on whose behalf it is filed, and no affidavit shall be filed or used without such note, unless the Court shall otherwise direct.

12. The Court may order to be struck out from any affidavit any matter which is scandalous, and may order the costs of any application to strike out such matter to be paid as between solicitor and client.

13. No affidavit having in the jurat or body thereof any interlineation, alteration, or erasure, shall without leave of the Court be filed, read, or made use of in any matter pending in Court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the person taking the affidavit, nor, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the person taking it.

14. All persons taking affidavits shall certify, in the jurat of every affidavit taken by them either that they know the deponent himself, or some person named in the jurat who certifies his knowledge of the deponent. Where an affidavit is sworn by any person who appears to the officer taking the affidavit to be illiterate or blind, the officer shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent seemed perfectly to understand it, and that the deponent made his signature or mark in the presence of the officer. No such affidavit shall be used in evidence in the absence of this certificate, unless the Court is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent.

15. The Court may receive any affidavit sworn for the purpose of being used in any cause or matter notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.

16. ( a ) In cases in which an original affidavit is allowed to be used it shall, at the time when it is used, be delivered to and left with the proper officer who shall send it to be filed.

( b ) A copy of an affidavit may in all cases be used, the original affidavit having been previously filed, and the copy duly attested.

( c ) A photostatic copy of an original affidavit which has been filed may be used, if certified by the solicitor who has filed the same to be a true copy thereof and that the original thereof has been filed.

17. No affidavit shall be sufficient if sworn before the solicitor acting for the party on whose behalf the affidavit is to be used, or before any agent or correspondent of such solicitor or before the party himself.

18. Any affidavit which would be insufficient if sworn before the solicitor himself shall be insufficient if sworn before his clerk or partner.

19. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless by leave of the Court.

20. Except by leave of the Court no order made ex parte in Court founded on any affidavit shall be of any force unless the affidavit on which the application was made was actually made before the order was applied for, and produced or filed at the time of making the application.

21. Where an injunction or order not to leave the jurisdiction has been granted or made, the party applying for such injunction or order shall furnish copies of the affidavits grounding the same to any party affected thereby upon demand and payment therefor at the rate specified in Order 117.

22. The consent of a trustee to act shall be sufficiently evidenced by a written consent signed by him and verified by the signature of his solicitor or the applicant's solicitor.

II. Affidavits and evidence before the Master or the Examiner.

23. The party intending to use any affidavit in support of any application made before the Master or before the Examiner shall give notice to the other parties concerned of his intention in that behalf.

24. All affidavits which have been previously made and read in Court upon any proceeding in a cause or matter may be used before the Master or the Examiner.

25. Every alteration in an account verified by affidavit to be used before the Master or before the Examiner shall be marked with the initials of the person before whom the affidavit is sworn, and such alterations shall not be made by erasure.

26. Accounts, extracts from parish registers, particulars of creditors' debts, and other documents referred to by affidavit shall not be annexed to the affidavit, or referred to in the affidavit as annexed, but shall be referred to as exhibits.

27. Every certificate on an exhibit referred to in an affidavit signed by the person before whom the affidavit is sworn shall be marked with the short title of the cause or matter.

III. Trial on affidavit.

28. Within fourteen days after a consent for taking evidence by affidavit as between the parties has been given, or after an order has been made for such purpose, or within such time as the parties may agree upon, or the Court may allow, the plaintiff shall file his affidavits and deliver to the defendant or his solicitor a list thereof.

29. The defendant, within fourteen days after delivery of such list, or within such time as the parties may agree upon, or the Court may allow, shall file his affidavits, and deliver to the plaintiff or his solicitor a list thereof.

30. Within seven days after the expiration of the last-mentioned fourteen days, or such other time as aforesaid, the plaintiff shall file his affidavits in reply, which affidavits shall be confined to matters strictly in reply, and shall deliver to the defendant or his solicitor a list thereof.

31. When the evidence is taken by affidavit, any party desiring to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party may serve upon the party by whom such affidavit has been filed a notice in writing, requiring the production of the deponent for cross-examination at the trial, such notice to be served at any time before the expiration of fourteen days next after the end of the time allowed for filing affidavits in reply, or within such time as in any case the Court may specially appoint; and unless such deponent is produced accordingly, his affidavit shall not be used as evidence unless by the leave of the Court. The party producing such deponent for cross-examination shall not be entitled to demand the expenses thereof in the first instance from the party requiring such production. The notice shall be in the Form No. 21 in Appendix C.

32. The party to whom such notice as is mentioned in rule 31, is given shall be entitled to compel the attendance of the deponent for cross-examination in the same way as he might compel the attendance of a witness to be examined.

33. When the evidence under this Order is taken by affidavit, the notice of trial shall be given at the same time after the expiry of the time limited by rule 29 as is by these Rules provided after the close of the pleadings; provided that other affidavits may be used if all the parties interested consent thereto, or the Court so orders.

ORDER 41. MOTION FOR JUDGMENT AND ENTRY OF JUDGMENT.

1. Except where by the Acts or by these Rules it is provided that judgment may be obtained in any other manner, the judgment of the Court shall be obtained by motion for judgment.

2. Where issues have been ordered to be tried, or issues or questions of fact to be determined in any manner, the plaintiff, including the plaintiff in a counter-claim, may set down a motion for judgment as soon as such issues or questions have been determined. If he does not set down such a motion, and give notice thereof to the other parties within ten days after his right so to do has arisen, then after the expiration of such ten days any defendant, including the defendant in a counter-claim, may set down a motion for judgment, and give notice thereof to the other parties.

3. Where issues have been ordered to be tried, or issues or questions of fact to be determined in any manner, and some only of such issues or questions of fact have been tried or determined, any party who considers that the result of such trial or determination renders the trial or determination of the others of them unnecessary, or renders it desirable that the trial or determination thereof should be postponed, may apply to the Court for leave to set down a motion for judgment, without waiting for such trial or determination; and the Court may, if satisfied of the expediency thereof, give such leave, upon such terms, if any, as shall appear just, and may give any directions which may appear desirable as to postponing the trial of the other issues of fact.

4. No motion for judgment shall, except by leave of the Court, be set down after the expiration of one year from the time when the party seeking to set down the same first became entitled so to do.

5. Upon a motion for judgment, the Court may draw all inferences of fact, not inconsistent with the finding of the jury, and if satisfied that it has before it all the material necessary for finally determining the questions in dispute, or any of them, or for awarding any relief sought, give judgment accordingly, or may, if it shall be of opinion that it has not sufficient materials before it to enable it to give judgment, direct the motion to stand over for further consideration, and direct such issues or questions to be tried, or determined, and such accounts and inquiries to be taken and made, as it may think fit.

6. Particulars of every judgment or order of the High Court and of the Supreme Court shall be entered in proper books to be kept for that purpose and the judgment or order shall be filed in the Central Office. A copy of every judgment or order of the Supreme Court shall also be filed in the Office of the Registrar of the Supreme Court. Every judgment or order pronounced or made by the High Court or by the Supreme Court when so filed shall be deemed to be duly entered, and the entry thereof shall be dated as of the day on which such judgment or order was pronounced or made, unless the Court shall otherwise direct.

7. A duplicate of every judgment or order shall be supplied out of the Central Office without fee to the solicitor or person paying the fee on the said judgment or order; and wherever any rule, or order, or the practice of the Court, requires the production or service of the original judgment or order, it shall be sufficient to produce or serve the duplicate.

8. Every judgment or order made in any cause or matter requiring any person to do an act thereby ordered, shall state the time, or the time after service of the judgment or order, within which the act is to be done; and upon the copy of the judgment or order which shall be served upon the person required to obey the same, other than an order directing a mortgagor to deliver possession to a mortgagee, or an order under section 62 subsection (7) of the Registration of Title Act, 1964 , there shall be endorsed a memorandum in the words or to the effect following, viz.:—

"If you the within named A.B. neglect to obey this judgment or order by the time therein limited, you will be liable to process of execution including imprisonment for the purpose of compelling you to obey the same judgment or order."

9. Every judgment or order, however obtained, for the recovery of land for non-payment of rent shall contain a statement of the amounts payable in respect of rent and costs for redemption.

10. The amounts so to be stated for rent, if not otherwise duly ascertained, and costs respectively, shall be ascertained in respect of rent by the affidavit of plaintiff, his agent, receiver, or clerk, at the time judgment is entered, and in respect of costs (unless measured by the Court) by the Taxing Master's certificate thereof at any time prior to the issue of an order of possession or to the service of a notice under the Land Law (Ireland) Act, 1887, section 7.

11. Where under the Acts or these Rules, or otherwise, it is provided that any judgment may be entered upon the filing of any affidavit or production of any document, the officer shall examine the affidavit or document produced, and if the same be regular and contain all that is by law required, he shall enter judgment accordingly.

12. Where by the Acts or these Rules, or otherwise, any judgment may be entered pursuant to any order or certificate, or return to any order, the production of such order, certificate or return, shall be a sufficient authority to the officer to enter judgment accordingly.

13. Where reference is made to the Master to ascertain the amount for which final judgment is to be entered, the Master's certificate shall be filed in the proper office when judgment is entered.

14. Notwithstanding the provisions of the Common Law Procedure Amendment Act (Ireland), 1853 (16 & 17 Vic., c. 113), sections 223 and 224, judgment may in all actions be entered on the consent of any defendant given by his solicitor.

15. In any cause or matter where the defendant has appeared by solicitor, no order for entering judgment shall be made by consent unless the consent of the defendant is given by his solicitor. Where the defendant has not appeared, or has appeared in person, no such order shall be made unless the defendant attends before the Court and gives his consent in person, or unless his written consent is attested by a solicitor acting on his behalf.

16. At any time within ten years from the execution of any warrant of attorney to enter judgment on a bond, judgment may be marked thereon as of course in the Central Office, but after such period no judgment shall be marked on any warrant of attorney, unless by order of the Court on motion; and the application for every such order shall be grounded on an affidavit, stating the amount remaining due on foot of such bond and warrant, and the character in which the applicant claims to be entitled, and that the obligor is still alive, and, where necessary, such affidavit shall contain matter sufficient to take the case out of the Statute of Limitations, and in case the payment of money shall be relied on for that purpose, shall state by whom and to whom such payment shall have been made. Provided that in proceedings by a moneylender or the personal representative or an assignee of a moneylender for the recovery of money lent by the moneylender or any interest thereon, or the enforcement of any agreement or security relating to any such money or interest, judgment shall not be marked on any warrant of attorney until after the expiration of twelve months from the date of such warrant of attorney unless by order of the Court to be obtained on motion.

17. Where any judgment shall be entered by virtue of a warrant of attorney, the warrant shall, unless the Court shall otherwise order, be filed at the time of entering such judgment in the Central Office, and in cases where the warrant is incorporated in the bond, the bond itself shall be filed, and a book shall be kept in such Office, in which, unless the Court shall otherwise order, shall be entered the names of the parties to every such judgment, and the date at which every such judgment shall have been entered, with proper references to the file.

18. It shall not be necessary to enrol any judgment or order.

19. The forms of judgment in Appendix E shall be used.

ORDER 42. EXECUTION.

I. General.

1. Where any person is by any judgment or order directed to pay any money, or to deliver up or transfer any property real or personal to another, it shall not be necessary to make any demand thereof, but the person so directed shall be bound to obey such judgment or order upon being duly served with the same without demand.

2. Where any person who has obtained any judgment or order upon condition does not perform or comply with such condition he shall be considered to have waived or abandoned such judgment or order so far as the same is beneficial to himself, and any other person interested in the matter may on breach or non-performance of the condition take either such proceedings as the judgment or order may in such case warrant, or such proceedings as might have been taken if no such judgment or order had been given or made, unless the Court shall otherwise direct.

3. A judgment for the recovery by or payment to any person of money may be enforced by execution order or by any other mode authorised by these Rules or by law.

4. A judgment for the payment of money into Court may be enforced by an order of sequestration, or, in cases in which attachment is authorised by law, by attachment.

5. A judgment for the recovery or for the delivery of the possession of land may be enforced by order of possession.

6. A judgment for the recovery of any property other than land or money may be enforced—

( a ) by order for delivery of the property;

( b ) by order of attachment;

( c ) by order of sequestration.

7. A judgment requiring any person to do any act other than the payment of money, or to abstain from doing anything, may be enforced by order of attachment or by committal.

8. In these Rules the term "execution order" shall include orders of fieri facias, sequestration and attachment and all subsequent orders that may issue for giving effect thereto. The term "issuing execution against any party" shall mean the issuing of any such process against his person or property as under the preceding rules of this Order shall be applicable to the case.

9. Where a judgment or order is to the effect that any party is entitled to any relief subject to or upon the fulfilment of any condition or contingency, the party so entitled may, upon the fulfilment of the condition or contingency, and demand made upon the party against whom he is entitled to relief, apply to the Court for leave to issue execution against such party. And the Court may, if satisfied that the right to relief has arisen according to the terms of the judgment or order, order that execution issue accordingly, or may direct that any issue or question necessary for the determination of the rights of the parties be tried in any of the ways in which questions arising in an action may be tried.

10. No execution order shall be issued without the production to the officer by whom the same should be issued of the judgment or order upon which the execution order is to issue, or an attested copy thereof, showing the date of entry, and in the case of a judgment or order for the payment of money, a certificate signed by the party or his solicitor, containing such sum as the party demands to be due to him after all just and equitable deductions, which certificate shall be filed in the Central Office, and the sum mentioned therein entered in the body of the said execution order as the sum to be levied on foot of the sum adjudged by the judgment or order. The officer shall be satisfied that the proper time has elapsed to entitle the creditor to execution.

11. No execution order shall be issued without the party issuing it, or his solicitor, filing a praecipe for that purpose. The praecipe shall contain the title of the cause or matter, the reference to the record, the date of judgment, and of the order, if any, directing the execution to be issued, the names of the parties against whom, or of the firm against whose goods, the execution is to be issued; and shall be signed by or on behalf of the solicitor of the party issuing it, of by the party issuing it if he do so in person. The forms in Appendix F, Part I, shall be used.

12. Every execution order shall be indorsed with the name and registered place of business of the solicitor issuing the same, and in case no solicitor shall be employed to issue the order, then it shall be indorsed with a memorandum expressing that same has been issued by the party in person and giving his full address.

13. Every execution order shall bear date of the day on which it is issued, and shall be authenticated in the same manner as an originating summons. The forms in Appendix F, Part II, shall be used.

14. In every case of execution the party entitled to execution may levy the poundage, fees, and expenses of execution over and above the sum recovered.

15. Every execution order for the recovery of money shall be indorsed with a direction to the proper officer to levy the money sought to be recovered under the judgment or order, stating the amount, and also to levy interest thereon, if sought to be recovered, at the rate of eleven per cent. per annum or such rate as may be substituted by virtue of section 20 of the Courts Act, 1981 , from the time when the judgment or order was entered or made, unless the judgment otherwise directs.

16. The address and description of the party against whom any execution order shall issue or such other description of him as the solicitor for the party issuing same may be able to give shall be indorsed on such order, but the party against whom such order shall issue shall not be allowed to take advantage of the want of such indorsement, and it shall not be necessary to state the place of abode or addition of either party in the body of such order.

17. Every person to whom any sum of money or any costs shall be payable under a judgment or order shall, so soon as the money or costs shall be payable, be entitled to sue out one or more order or orders of fieri facias to enforce payment thereof, subject nevertheless as follows:

(i) if the judgment or order is for payment within a period therein mentioned, no such order as aforesaid shall be issued until after the expiration of such period;

(ii) the Court may, at or after the time of giving judgment or making an order, stay execution until such time as it shall think fit.

18. Upon any judgment or order for the recovery or payment of a sum of money and costs, there may be, at the election of the party entitled thereto, either one order or separate orders of execution for the recovery of the sum, and for the recovery of the costs, but a second order shall only be for costs, and shall be issued not less than eight days after the first order. Provided that, if, in any proceedings brought by a moneylender or the personal representative or an assignee of a moneylender for the recovery of money lent by the moneylender or any interest thereon or the enforcement of any agreement or security relating to any such money or interest, judgment has been entered for the plaintiff by virtue of a warrant of attorney, and such judgment has been entered after the expiration of twelve months from the date of such warrant of attorney, no execution order shall issue without an order of the Court to be obtained on motion.

19. A party who has obtained judgment or an order, not being for payment of money or costs, or for the recovery of land, may issue execution in fourteen days unless the Court shall order execution to issue at an earlier or later date with or without terms.

20. An execution order or an order of committal, if unexecuted, shall remain in force for one year only from its issue, unless renewed in the manner hereinafter provided; but such order may, at any time before its expiration, by leave of the Court, be renewed by the party issuing it for one year from the date of such renewal and so on from time to time during the continuance of the renewed order, either by being marked with the seal of the High Court, bearing the date of the day, month and year of such renewal, or by such party giving a written notice of renewal to the sheriff, signed by the party or his solicitor, and bearing the like seal; and an execution order so renewed shall have effect, and be entitled to priority, according to the time of the original delivery thereof.

21. Where it shall appear to be just that an order of possession should be re-executed, the same may, at any time after its execution, be renewed by leave of the Court for one year from the date of such renewal by being marked, or by the giving of the notice, as in rule 20 mentioned.

22. The production of an execution order, or of the notice renewing same, purporting to be marked with such seal as in rules 20 and 21 mentioned, showing the same to have been renewed, shall be sufficient evidence of its having been so renewed.

23. As between the original parties to a judgment or order, execution may issue at any time within six years from the recovery of the judgment, or the date of the order.

24. In the following cases, viz.:—

( a ) where six years have elapsed since the judgment or order, or any change has taken place by death or otherwise in the parties entitled or liable to execution;

( b ) where a party is entitled to execution upon a judgment of assets in futuro;

( c ) where a party is entitled to execution against any of the shareholders of a company upon a judgment recorded against such company, or against a public officer or other person representing such company;

the party alleging himself to be entitled to execution may apply to the Court for leave to issue execution accordingly. The Court may, if satisfied that the party so applying is entitled to issue execution, make an order to that effect, or may order that any issue or question necessary to determine the rights of the parties shall be tried in any of the ways in which any question in an action may be tried: and in either case the Court may impose such terms as to costs or otherwise as shall be just. Provided always that in case of default of payment of any sum of money at the time appointed for payment thereof by any judgment or order made in a matrimonial cause or matter, an order of fieri facias may be issued as of course upon an affidavit of service of the judgment or order and non-payment.

25. Every order of the Court in any cause or matter may be enforced against all persons bound thereby in the same manner as a judgment to the same effect.

26. An order of committal under the Debtors Act (Ireland), 1872 (35 & 36 Vic., c. 57), shall bear date on the day on which such order was made, and shall continue in force for one year from such date and no longer; but it may be renewed in the manner provided for execution orders by rule 20.

27. Any person not being a party to a cause or matter, who obtains any order, or in whose favour any order is made, shall be entitled to enforce obedience to such order by the same process as if he were a party to such cause or matter; and any person not being a party to a cause or matter, against whom obedience to any judgment or order may be enforced, shall be liable to the same process for enforcing obedience to such judgment or order as if he were a party to such cause or matter.

28. Any party against whom judgment has been given may apply to the Court for a stay of execution or other relief against such judgment, upon the ground of facts which have arisen too late to be pleaded; and the Court may give such relief and upon such terms as may be just.

29. Nothing in this Order shall take away or curtail any right heretofore existing to enforce or give effect to any judgment or order in any manner, or against any person or property whatsoever.

30. Nothing in this Order shall affect the order in which execution orders may be issued.

31. If a mandamus, granted in an action or otherwise, or a mandatory order, injunction, or judgment for the specific performance of any contract be not complied with, the Court, besides or instead of proceedings against the disobedient party for contempt, may direct that the act required to be done may be done so far as practicable by the party by whom the judgment or order has been obtained, or some other person appointed by the Court, at the cost of the disobedient party, and upon the act being done, the expenses incurred may be ascertained in such manner as the Court may direct, and execution may issue for the amount so ascertained, and costs.

32. Any judgment or order against a company wilfully disobeyed may, by leave of the Court, be enforced by sequestration against the corporate property, or by attachment against the directors or other officers thereof, or by order of sequestration against their property.

33. An award may, with the leave of the Court, and on such terms as may be just, be enforced at any time, though the time for moving to set it aside has not elapsed.

34. Where an order of fieri facias has been sent out directed to the sheriff of one county, the person entitled to issue execution may sue out another order of fieri facias directed to the sheriff of a different county without requiring or waiting for a return to the first order and notwithstanding any seizure or partial levy under the first order, provided that no more than the whole of the money and costs due to the person suing out the orders shall be levied thereunder.

35. The orders provided for in this Order shall be orders of the Court and shall issue out of the Central Office. They shall be in lieu of the former writs of fieri facias, venditioni exponas, possession, delivery, attachment, sequestration and writs of execution generally, and shall be as effectual in every way as the said respective writs and all statutes and enactments relating to such respective writs shall apply mutatis mutandis to the orders of the Court hereby substituted therefor.

II. Discovery in aid of execution and in proceedings under the Debtors Act (Ireland), 1872.

36. When a judgment or order is for the recovery or payment of money, the party entitled to enforce it may apply to the Court for an order that the debtor liable under such judgment or order, or in the case of a corporation that any officer thereof, or that any other person be orally examined as to whether any and what debts are owing to the debtor, and whether the debtor has any and what other property or means of satisfying the judgment or order, before a judge or an officer of the Court as the Court shall appoint; and the Court may make an order for the attendance and the examination of such debtor, or of any other person, and for the production of any books or documents.

37. In case of any judgment or order other than for the recovery or payment of money, if any difficulty shall arise in or about the execution or enforcement thereof, any party interested may apply to the Court, and the Court may make such order thereon for the attendance and examination of any party or otherwise, as may be just.

38. The costs of any application under rules 36 and 37 or either of them and of any proceedings arising from or incidental thereto shall be in the discretion of the Court.

39. Nothing in this Order shall effect any of the provisions contained in the Enforcement of Court Orders Acts, 1926 and 1940.

ORDER 43. ORDERS OF FIERI FACIAS AND SEQUESTRATION.

1. Where it appears, upon the return of any order of fieri facias, that the sheriff has by virtue of such order seized, but not sold, any goods of the person directed to pay a sum of money or costs, the person to whom such sum of money or costs is payable shall, immediately after such order with such return shall have been filed as of record, be at liberty to sue out an order of venditioni exponas.

2. Where any person is by any judgment or order directed to pay money into Court or to do any other act in a limited time, and after due service of such judgment or order refuses or neglects to obey the same according to the exigency thereof, the person prosecuting such judgment or order shall, at the expiration of the time limited for the performance thereof, be entitled, without obtaining any order from the Court for that purpose, to issue an order of sequestration in the Form No. 17 in Appendix F, Part II, against the estate and effects of such disobedient person.

3. Any person entitled to issue an order of sequestration under rule 2 shall, before issuing same, apply to the Master to approve of one or more sequestrators, and to obtain directions as to his or their security, and accounting. On a certificate from the Master of the approval of such person or persons, which certificate shall be filed in the Central Office, the order may issue directed to such person or persons. One sequestrator only shall be named in the order, unless the Court shall otherwise direct.

4. Order 50, rules 16 to 25 (inclusive), shall so far as applicable apply to sequestrators.

ORDER 44. ATTACHMENT AND COMMITTAL.

I. General.

1. An order of attachment shall direct that the person against whom the order is directed shall be brought before the Court to answer the contempt in respect of which the order is issued, and shall be in the Form No. 11 in Appendix F, Part II.

2. An order of committal shall direct that upon his arrest the person against whom the order is directed shall be lodged in prison until he purge his contempt and is discharged pursuant to further order of the Court, and shall be in the Form No. 12 in Appendix F, Part II.

3. Save in respect of committal for contempt in the face of the Court or committal under rule 4 no order of attachment or committal shall be issued except by leave of the Court to be applied for by motion on notice to the party against whom the attachment or committal is to be directed.

4. When the person against whom an order of attachment is directed is brought before the Court on his arrest, the Court may either discharge him on such terms and conditions as to costs or otherwise as it thinks fit or commit him to prison for his contempt either for a definite period to be specified in the order, or until he shall purge his contempt and be discharged by further order of the Court.

5. A person against whom an order of committal is directed may apply to the Court to discharge such order. Every such application shall be by motion on notice to the party at whose instance the order of committal was made, and where on the hearing of such motion the Court discharges the order of committal, the Court may do so on such terms and conditions as to costs or otherwise as it thinks fit.

6. The Court may make an order of attachment where the application is for an order of committal, and vice versa.

7. Every order of attachment or committal shall be directed to the Commissioner and members of the Garda Síochána.

8. The foregoing provisions of this Order shall not apply to committal under the Debtors Act (Ireland), 1872, section 6.

II. The Debtors Act (Ireland), 1872.

9. The Court, in making an order for committal to prison under the Debtors Act (Ireland), 1872 (35 & 36 Vic., c. 57), section 6, may either make such imprisonment determinable on payment of the whole sum in respect of which the person to be imprisoned is in default, together with such costs as the Court shall think fit, or may order the debt to be paid by such instalments as the Court shall think fit, and make the imprisonment determinable on payment of such costs and such of the said instalments as the Court shall think fit; and in either of such cases the Court may direct payment of a sum in gross in lieu of taxed costs.

10. Orders of committal under the said Act may be in one of the Forms Nos. 13 and 14 in Appendix F, Part II, and two copies of each such order shall be delivered to the Commissioner of the Garda Síochána indorsed with the particulars required by Order 42, rule 16.

11. The member of the Garda Síochána executing the order of committal shall forthwith after the arrest indorse upon each copy of the order the true date of such arrest and leave one copy so indorsed with the Governor of the prison in which the debtor shall be lodged and shall within two days return the other copy of the order so indorsed to the solicitor of the person prosecuting the judgment or order, or to such person himself if he acts in person.

12. Upon payment of the sum or sums in that behalf mentioned in the order of committal, and the costs or gross sum in lieu of costs, made payable by the order, the person committed shall be entitled to a certificate in the Form No. 15 in Appendix F, Part II, signed by the solicitor of the person prosecuting the judgment or order which has been disobeyed, or if such person be acting in person, then signed by him and attested by a solicitor or a peace commissioner.

13. No application made under the said section 6 nor any order made thereon, shall in any manner vary or suspend any of the remedies which the person prosecuting the judgment or order which has been disobeyed would, if no such application had been made, have been entitled to against the property of the person disobeying the said judgment or order; but the person prosecuting such judgment or order may proceed to avail himself of such remedies without any regard to such application or to any order made thereon, except so far as he may, by such last mentioned order, be expressly restrained from availing himself of such remedies.

14. In case any order is made under the said section 6 for payment of a sum of money by instalments, and the person imprisoned shall, after his discharge from prison, neglect or refuse to pay the subsequent instalments or any of them, the person prosecuting the judgment or order in respect of which the said instalments were ordered to be paid, shall in addition to his remedies against the property of the person making default, be entitled to apply for orders of committal from time to time for non-payment of any one or more of such subsequent instalments.

ORDER 45. I. ATTACHMENT OF DEBTS.

1. (1) The Court may, upon the ex parte application of any person who has obtained a judgment or order for the recovery or payment of money, either before or after any oral examination of the debtor liable under such judgment or order (hereinafter called the judgment debtor), and upon affidavit by himself or his solicitor stating that judgment has been recovered, or the order made, and that it is still unsatisfied, and to what amount, and that any other person is indebted to such debtor, and is within the jurisdiction, order that all debts owing or accruing from such third person (hereinafter called the garnishee) to such debtor shall be attached to answer the judgment or order; and by the same or any subsequent order it may be ordered that the garnishee shall appear before the Court or an officer of the Court, as such Court shall appoint, to show cause why he should not pay to the person who has obtained such judgment or order, the debt due from him to such debtor, or so much thereof as may be sufficient to satisfy the judgment or order.

(2) At least seven days before the date of hearing, the order nisi shall be served on the garnishee and, unless otherwise ordered, on the judgment debtor or his solicitor. Service on the judgment debtor may be made in manner provided by Order 121, or in such other manner as the Court may direct.

(3) In this rule "any other person" shall include a firm, any member of which is resident within the jurisdiction, and a garnishee order may be made against any firm in the name of the firm; and any appearance by any member then within the jurisdiction pursuant to any order made under this rule shall be a sufficient appearance by the firm.

2. Service of an order that debts due or accruing to a judgment debtor shall be attached, or of notice thereof, on the garnishee, in such manner as the Court shall direct, shall bind such debts in his hands.

3. If the garnishee does not forthwith pay into Court the amount due from him to the judgment debtor, or an amount equal to the judgment or order, and does not dispute the debt due or claimed to be due from him to such debtor, or if he does not appear, then the Court may order execution to issue, and it may issue accordingly, without any previous order or process, to levy the amount due from such garnishee, or so much thereof as may be sufficient to satisfy the judgment or order, together with the costs of the garnishee proceedings.

4. If the garnishee disputes his liability, the Court, instead of making an order that execution shall issue, may order that any issue or question necessary for determining his liability be tried or determined in any manner in which any issue or question in an action may be tried or determined.

5. Whenever in proceedings to obtain an attachment of debts it is suggested by the garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or charge upon it, the Court may order such third person to appear, and state the nature and particulars of his claim upon such debt.

6. After hearing the allegations of any third person under such order as in rule 5 mentioned, and of any other person whom by the same or any subsequent order the Court may order to appear, or in case of such third person not appearing when ordered, the Court may order execution to issue to levy the amount due from such garnishee together with the costs of the garnishee proceedings, or any issue or question to be tried or determined according to the preceding rules of this Order, and may bar the claim of such third person, or make such other order as such Court shall think fit, upon such terms, in all cases, with respect to the lien or charge (if any) of such third person, and to costs, as the Court shall think just and reasonable.

7. Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the judgment debtor to the amount paid or levied, although such proceeding may be set aside, or the judgment or order reversed.

8. The costs of any application for an attachment of debts, and of any proceedings arising from or incidental to such application, shall be in the discretion of the Court, and as regards the costs of the judgment creditor, shall, unless otherwise directed, be retained out of the money recovered by him under the garnishee order, and in priority to the amount of the judgment debt.

II. RECEIVERS BY WAY OF EQUITABLE EXECUTION.

9. In every case in which an application is made for the appointment of a receiver by way of equitable execution, the Court in determining whether it is just or convenient that such appointment should be made shall have regard to the amount of the debt claimed by the applicant, to the amount which may probably be obtained by the receiver, and to the probable costs of his appointment, and may, if it shall so think fit, direct any inquiries on these or other matters, before making the appointment. The order shall be made upon such terms as the Court may direct.

ORDER 46. CHARGING ORDERS AND STOP ORDERS.

I. Orders charging stocks and shares.

1. An application for an order charging stock or shares in pursuance of 3 & 4 Vic. c. 105 and the Common Law Procedure Amendment Act (Ireland) 1853, shall be made by motion ex parte. Such order shall be absolute in the first instance, but the Court may on the application of any person interested, and on such terms as to costs or otherwise as may be just, discharge or vary the same.

2. An application for an order in pursuance of the Common Law Procedure Amendment Act (Ireland) 1853, section 133, for the transfer of stock, funds, securities or shares or the payment of the dividends, interest and annual produce thereof to the sheriff shall be made by motion on notice to the defendant and all persons and companies whose act or consent is thereto necessary.

II. Orders charging interest of partner.

3. Every application by a judgment creditor of a partner for an order charging his interest in the partnership property and profits under the Partnership Act, 1890, section 23, and for such other orders as are thereby authorised to be made, shall be by motion served on the judgment debtor and on such other of the partners as shall be within the jurisdiction, and such service shall be good service on all the partners, and all orders made on such motion shall be similarly served.

4. Every application which shall be made by any partner of the judgment debtor under the enactment mentioned in rule 3 shall be made by motion served on the judgment creditor and judgment debtor and on such of the other partners as shall not concur in the application and as shall be within the jurisdiction, and such service shall be good service on all the partners, and all orders made on such motion shall be similarly served.

III. Notice to restrain transfer of stock.

5. In this part of this Order the expression 'company' means any body corporate (including a company, public or private) incorporated or having a register within the jurisdiction, and the expression 'stock' includes any shares, securities, and any dividends (including interest and bonuses) thereon.

6. Any person claiming to be interested in any stock standing in the books or inscribed in the register (within the jurisdiction) of a company may, on an affidavit by himself or his solicitor in the Form No. 27 in Appendix C, and on filing the same in the Central Office with a notice in the Form No. 28 in Appendix C, and on procuring an attested copy of the affidavit and a duplicate of the filed notice authenticated by the seal of the High Court, serve the attested copy and duplicate notice on the company.

7. There shall be appended to the affidavit a note stating the person on whose behalf it is filed, and to what address notices (if any) for that person are to be sent.

8. All such notices shall be deemed to have been duly sent, if sent through the post by a prepaid letter directed to that person at the address so stated, or at any such substituted address as hereinafter mentioned, whether the person to whom the notice is sent be living or not.

9. The address so stated may, from time to time, be altered by the person by whom or on whose behalf the affidavit is filed, but no notice sent by post before the alteration to the address originally given or for the time being substituted therefor shall be affected by any subsequent alteration. Any such alteration or address may be made by service of a memorandum thereof on the company in the manner required for service of a notice under this Order.

10. From and after the service of the attested copy of the affidavit and of the duplicate of the filed notice, it shall not be lawful for the company to permit the stock specified in the notice to be transferred, nor, if the notice is expressed to be intended to stop the receipt of dividends, to pay the dividends on the stock so specified, so long as the notice shall remain operative.

11. A notice filed under rule 6 may at any time be withdrawn by the person by whom or on whose behalf it was given on a written request signed by him, or its operation may be made to cease by an order to be obtained by motion on notice duly served by any other person claiming to be interested in the stock sought to be affected by the notice.

12. If, while a notice filed under rule 6 continues in force, the company on whom it is served receives from the person in whose name the stock specified in the notice is standing or inscribed, or from some person acting on his behalf or representing him, a request to permit the stock to be transferred or to pay the dividends thereon, the company shall not, by force or in consequence of the service of the notice, be authorised, without the order of the court, to refuse to permit the transfer to be made or to withhold the payment of the dividends for more than eight days after the date of the request.

13. If the person who files a notice under rule 6 wishes to correct the description of the stock specified in the filed notice, he may file an amended notice and serve on the company a duplicate thereof, sealed with the seal of the High Court, and in that case the service of the notice shall be deemed to have been made on the day on which the amended duplicate is so served.

IV. Stop orders.

14. Any person having any derivative interest (whether by way of assignment or charge or lien or otherwise) in any funds or securities standing in Court (or directed to be brought into Court) may apply to the Court for an order (hereinafter called a "stop order") to stay the transfer, sale, payment out or other disposition of the funds or securities without notice to the applicant, and the Court on being satisfied that it is just and equitable to grant the relief sought to the applicant may make a stop order.

15. A stop order may be made on an ex parte application whenever the Court shall be of opinion that there is not any person interested in the funds or securities who ought as of right to have notice of the application.

16. A certificate of funds shall be produced on every application for the stop order and the application shall be supported by an affidavit sufficiently setting out the interest of the applicant and verifying the execution of the instrument (if any) relied upon as establishing the interest of the applicant.

17. The applicant for a stop order shall not be entitled to any costs, unless the Court in its discretion shall award costs.

18. The Court may, in its discretion make an order directing an applicant to indemnify, in a sum to be specified in the order, any person who shall satisfy the Court that he has incurred costs or expenses, by reason of a stop order made at the instance of the applicant.

ORDER 47. ORDER OF POSSESSION.

1. An order of possession shall be an order of the Court bearing date of the day of issue and authenticated in like manner as an originating summons. All statutes and enactments relating to the former writ of possession shall, save in so far as modified or repealed by any later statute or enactment, apply mutatis mutandis to the order of the Court hereby substituted therefor. Such order shall be in the Form No. 5 in Appendix F, Part II.

2. Where by any judgment or order any person therein named is directed to deliver up possession of any lands to some other person the person prosecuting such judgment or order shall, without any order for that purpose, be entitled to sue out an order of possession on filing an affidavit showing due service of such judgment or order, and that the same has not been obeyed.

3. The time within which a copy of the notice mentioned in the Land Law (Ireland) Act, 1887, section 7, must be filed in Court shall be twenty-one days after the service thereof, and such copy shall be so filed by delivering same to the proper officer in the Central Office.

4. The mode of proving service of all notices under the said Act, and the date or dates of such service, shall be by affidavit, to be filed with the proper officer of the Central Office.

5. The order of possession, under which possession of a holding may be recovered after the expiration of the period of redemption has expired, pursuant to the provisions of the said section 7, shall be the Form No. 6 in Appendix F, Part II.

6. The order of possession, by which a judgment in an action for the recovery of land shall be executed after the stay upon the execution of such judgment has been removed in consequence of default made in complying with an order of the Court for the payment of any instalment of the arrears of rent and costs, or such sum in lieu thereof, as is mentioned in the Land Law (Ireland) Act, 1887 (50 & 51 Vic., c. 33), section 30, shall be in the Form No. 7 in Appendix F, Part II.

7. Upon any judgment or order for the recovery of any land and mesne profits, arrears of rent, double rent, damages, or costs, there may be either one order or separate orders of execution for the recovery of possession and for the mesne profits, arrears of rent, double rent, damages or costs at the election of the successful party.

8. Upon every order of possession issued before the expiration of the period of redemption in any action for the recovery for non-payment of rent for a holding to which the Land Law Acts apply there shall be a statement of the amounts payable in respect of rent and cost for redemption; and if at any time before execution the defendant shall pay to the sheriff the said amounts such sheriff shall stay such execution, and shall indorse on such order, as a return thereto, the receipt of such rents and costs.

9. Upon every order of possession in any action for the recovery for non-payment of rent of land to which the Land Law Acts do not apply there shall be a statement of the amount of rent then due; and if at any time before execution the defendant shall pay to the sheriff the sum so marked for rent and the costs, such sheriff shall stay such execution, and shall indorse on such order, as a return thereto, the receipt of such rent and costs.

ORDER 48. ORDER OF DELIVERY.

1. Where it is sought to enforce a judgment or order for the recovery of any property other than land or money by order of delivery, the Court may, upon the application of the plaintiff, order that execution shall issue for the delivery of the property, without giving the defendant the option of retaining the property, upon paying the value assessed, if any, and that if the property cannot be found, and unless the Court shall otherwise order, the sheriff shall distrain the defendant by all his lands and chattels, in the sheriff's bailiwick, till the defendant deliver the property; or at the option of the plaintiff, that the sheriff cause to be made of the defendant's goods the assessed value, if any, of the property.

2. An order of delivery shall be in one of the Forms Nos. 8 or 9 (incorporating, if appropriate, Form No. 10) in Appendix F, Part II, and when an order of delivery is issued, the plaintiff shall, either by the same or a separate execution order, be entitled to have made of the defendant's goods the damages and costs awarded, and interest.

ORDER 49. HEARING, TRANSFER AND CONSOLIDATION.

1. Subject to the provisions of the Constitution and of the Acts, any cause or matter in the High Court may be heard by a Judge, provided that, if the President of the High Court should be of opinion that any cause or matter or any particular part of any cause or matter should be heard by more than one Judge, he may direct that such cause or matter or such part thereof shall be listed for hearing before two or more Judges as he shall direct.

2. Any cause or matter may, at any stage, be transferred from one Judge to another Judge by either of such Judges with the consent of the other Judge.

3. A particular application in, or any particular part of, any cause or matter may be heard and disposed of by any Judge, who shall consent to do so, at the request or with the consent of the Judge before whom the cause or matter is pending.

4. When an order has been made by any Judge for the winding-up of any company or for the administration of any assets of any testator or intestate, the Judge before whom such winding-up or administration shall be pending shall have power, without any further consent, to order the transfer to such Judge of any cause or matter pending before any other Judge brought or continued by or against such company or by or against the personal representative of such testator or intestate as the case may be.

5. Nothing in this Order or these Rules contained shall take away or prejudice the right of any party to any action to have questions of fact tried by a jury where he may by law so require.

6. Causes or matters pending in the High Court may be consolidated by order of the Court on the application of any party and whether or not all the parties consent to the order.

7. (1) Where any action or proceeding is pending in the High Court which might have been commenced in the Circuit Court or the District Court, any party to such action or proceeding may apply to the High Court that the action be remitted or transferred to the Circuit Court or the District Court (as the case may be), and if the High Court should not consider the action or proceeding fit to be prosecuted in the High Court it may remit or transfer such action or proceeding to the Circuit Court or the District Court (as the case may be) to be prosecuted before the Judge to such Circuit or (as the case may require) the justice assigned to such District as may appear to the Court suitable and convenient, upon such terms and subject to such conditions as to costs or otherwise as may appear just.

(2) An application under this rule to remit or transfer an action may be made at any time after an appearance is entered and before service of notice of trial.

ORDER 50. I. INTERLOCUTORY ORDERS.

1. When by any contract a prima facie case of liability is established, and there is alleged as matter of defence a right to be relieved wholly or partially from such liability, the Court may make an order for the preservation or interim custody of the subject-matter of the litigation, or may order that the amount in dispute be brought into Court of otherwise secured.

2. Whenever an application shall be made before trial for an injunction or other order, and on the opening of such application, or at any time during the hearing thereof, it shall appear to the Court that the matter in controversy in the cause or matter is one which can be most conveniently dealt with by an early trial, without first going into the whole merits on affidavit or other evidence for the purposes of the application, the Court may make an order for such trial accordingly, and in the meantime make such order as the justice of the case may require.

3. The Court on the application of any party to a cause or matter, may make any order for the sale, by any person or persons named in such order, and in such manner, and on such terms as the Court may think desirable, of any goods, wares, or merchandise which may be of a perishable nature or liable to injury from keeping, or which for any other just and sufficient reason it may be desirable to have sold at once.

4. The Court, upon the application of any party to a cause or matter, and upon such terms as may be just, may make any order for the detention, preservation, or inspection of any property or thing, being the subject of such cause or matter, or as to which any question may arise therein, and for all or any of the purposes aforesaid may authorise any person to enter upon or into any land or building in the possession of any party to such cause or matter and for all or any of the purposes aforesaid may authorise any samples to be taken or any observations to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.

5. The Court, by which any cause or matter may be heard or tried with or without a jury, or before which any cause or matter may be brought by way of appeal, may inspect any property or thing concerning which any question may arise therein.

6. (1) The Court may grant a mandamus or an injunction or appoint a receiver, by an interlocutory order in all cases in which it appears to the Court to be just or convenient so to do.

(2) Any such order may be made either unconditionally or upon such terms and conditions as the Court thinks just.

(3) An injunction to prevent any threatened or apprehended waste or trespass may at any time be granted, if the Court thinks fit, whether the person against whom the injunction is sought is, or is not, in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title, and whether the estates claimed by both or by either of the parties are legal or equitable.

7. An application for an order under rules 3, 4 or 6 may be made to the Court by any party. If the application be by the plaintiff for an order under rule 6 it may be made either ex parte or on notice, and if for an order under rules 3 or 4 it may be made on notice to the defendant at any time after the issue of the summons, and if it be by any other party, then on notice to the plaintiff, and at any time after appearance by the party making the application, provided that, where the exigencies of the case require it, any such application may be made ex parte.

8. An application for an order under rule 1 may be made by the plaintiff at any time after his right thereto appears from the pleadings or, if there be no pleadings, is made to appear by affidavit or otherwise to the satisfaction of the Court.

9. Where an action is brought to recover, or a defendant in his defence seeks by way of counterclaim to recover, specific property other than land, and the party from whom such recovery is sought does not dispute the title of the party seeking to recover the same, but claims to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court may, at any time after such last mentioned claim appears from the pleadings, or, if there be no pleadings, by affidavit or otherwise to the satisfaction of the Court, order that the party claiming to recover the property be at liberty to pay into Court to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum (if any) for interest and costs as the Court may direct, and that, upon such payment into Court being made, the property claimed be given up to the party claiming it.

10. Where any real or personal estate forms the subject of any proceedings, and the Court is satisfied that the same will be more than sufficient to answer all the claims thereon which ought to be provided for in such proceedings, the Court may, at any time after the commencement of the proceedings, allow to the parties interested therein, or any one or more of them, the whole or part of the annual income of the real estate, or a part of the personal estate, or the whole or part of the income thereof, up to such time as the Court shall direct.

11. Whenever in an action for the administration of the estate of a deceased person or execution of the trusts of a written instrument, a sale is ordered of any property vested in any executor, administrator, or trustee, the conduct of such sale shall be given to such executor, administrator, or trustee, unless the Court shall otherwise direct.

12. In any cause or matter in which an injunction has been or might have been claimed, the plaintiff may, before or after judgment, apply for an injunction to restrain the defendant or respondent from the repetition or continuance of the wrongful act or breach of contract complained of, or from the commission of any injury or breach of contract of a like kind relating to the same property or right, or arising out of the same contract; and the Court may grant the injunction, either upon or without terms, as may be just.

13. Leave to compound a penal action shall not be given in cases where part of the penalty goes to the State unless notice shall first have been given to the Chief State Solicitor.

14. The order to compound a penal action shall expressly state that the defendant undertakes to pay the sum for which the Court has given him leave to compound the action.

15. When leave is given to compound a penal action, where part of the penalty goes to the State, the State's part of the composition shall be paid to the Master to be disposed of for the benefit of the Exchequer.

II. RECEIVERS AND ADMINISTRATORS PENDENTE LITE.

16. (1) Save as otherwise provided in this rule, where an order is made directing a receiver or an administrator pendente lite to be appointed, unless otherwise ordered the person to be appointed shall first give security duly to account for what he shall receive as such receiver, or administrator, and to pay the same as the Court shall direct; and the person so to be appointed, may be allowed a proper salary or allowance.

(2) Unless the Court otherwise orders, a receiver or administrator pendente lite shall give security by entering into a bond in the Form No. 22 in Appendix G, with two or more sufficient sureties in such sum as the Court may approve, and the Court may accept the security of any company carrying on business in Ireland and having power to enter into guaranties in lieu of the security of such sureties as aforesaid or of any of them.

(3) Where the amount for which security is to be given does not exceed £500 such security may be given by an undertaking in the Form No. 23 in Appendix G. Such undertaking shall be signed by the receiver and his surety or sureties, or, in the case of a guarantee or other company, shall be sealed with the seal of such company or otherwise duly executed. The undertaking shall be filed in the Central Office and kept as of record until the same shall have been duly vacated.

17. Where any judgment or order is pronounced or made in Court appointing a person therein named to be receiver or administrator pendente lite, the Court may adjourn the cause or matter then pending, in order that the person named as receiver or administrator may give security as in rule 16 mentioned, and may thereupon direct such judgment or order to be drawn up.

18. When a receiver or administrator pendente lite is appointed with a direction that he shall pass accounts, the Court shall fix the days or times at which he shall leave and pass such accounts, and also the days upon or times at which he shall pay the balances appearing due on the accounts so left, or such part thereof as shall be certified as proper to be paid by him; and with respect to any such receiver or administrator as shall neglect to leave and pass his accounts and pay the balances thereof at the times so to be fixed for that purpose as aforesaid, the Court before whom any such receiver or administrator is to account may from time to time, when his subsequent accounts are produced to be examined and passed, disallow the salary or allowance therein claimed by such receiver or administrator, and may also, if it shall think fit, charge him with interest not exceeding the rate of five per cent per annum upon the balances so neglected to be paid by him during the time the same shall appear to have remained in the hands of any such receiver or administrator.

19. A receiver's account shall be in the Form No. 20 in Appendix G.

20. A receiver in any proceeding assigned to a Judge pursuant to the provisions of Order 5, rule 4, shall leave in the Examiner's Office his account and shall file in the Central Office an affidavit verifying the same in the Form No. 24 in Appendix G. An appointment shall thereupon be obtained by the plaintiff or person having the conduct of the cause or by the receiver for the purpose of passing such account.

21. In case of any receiver failing to leave any account or to file an affidavit verifying same or to pass such account, or to make any payment, or otherwise, the receiver or the parties, or any of them may be required to attend in Court to show why such account has not been left or such affidavit filed or such account passed, or such payment made, or any other proper proceeding taken and thereupon such directions as shall be proper may be given including the discharge of any receiver and appointment of another, and payment of costs.

22. On the appointment of a receiver over landed property by the Court, a rental shall be furnished to the receiver by the solicitor having carriage of the order, and the Court shall have power to make such orders as to the furnishing of rentals or particulars of tenancies as may be considered necessary.

23. The Court shall have power to require a tenant to produce the lease, agreement, or other instrument under which he claims, to such person as may be considered entitled thereto, including the receiver.

24. The receiver shall be at liberty, without any direction, to pay all ordinary outgoings, such as head-rent, tithe-rent-charge, rates, taxes, and charges due for public works or drainage; all other payments shall be made only under the direction of the Court.

25. When a receiver or administrator pendente lite has given security pursuant to the direction in the order appointing him, the bond shall be filed in the Central Office and kept as of record until the same shall have been duly vacated, and the proper officer in the Central Office shall indorse on the order appointing him a certificate that the bond has been filed.

III. GUARDIANS.

26. The accounts of guardians shall be passed and verified in the same manner as is by this Order directed as to receivers' accounts.

27. Rules 24 and 25 shall apply to guardians.

ORDER 51. SALES BY THE COURT.

1. If in any cause or matter relating to any real estate or chattel real, it shall appear necessary or expedient that the real estate or chattels real, or any part thereof, should be sold, the Court may order the same to be sold, and any party bound by the order and in possession of the estate, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser, or such other person as may be thereby directed.

2. In debenture holders' actions, when the debenture holders are entitled to a charge by virtue of the debenture, or of a trust deed, or otherwise, and the plaintiff is suing on behalf of himself and other debenture holders, and where the Court is of opinion that there must eventually be a sale, the Court may direct a sale before judgment and also after judgment, before all the persons interested are ascertained and whether served or not.

3. In all cases where a sale, mortgage, partition, or exchange is ordered, the Court shall have power, in addition to the powers already existing, with a view to avoiding expenses or delay, or for other good reason, to authorise the same to be carried out, either by laying tenders before the Court for its sanction or altogether out of Court, any moneys produced thereby being paid into Court or to trustees, or otherwise dealt with as the Court may order. Provided always that the Court shall not authorise the same to be carried out altogether out of Court unless and until satisfied by such evidence as it shall deem sufficient, that all persons interested in the estate to be sold, mortgaged, partitioned, or exchanged, are before the Court, or are bound by the order for sale, mortgage, partition, or exchange.

4. Before any estate or interest shall be put up for sale under a judgment or order, an abstract of the title and draft of the proposed conditions of sale shall, unless otherwise ordered, be laid before some counsel appointed by the Court for his opinion thereon and for directions respecting the conditions of sale and other matters connected with the sale. The conditions of sale shall specify a time for the delivery of the abstract of title to the purchaser or his solicitor.

5. Where a judgment or order is given or made directing any property to be sold, unless otherwise ordered, the same shall be sold, with the approval of the Court, for the best price that can be got, and if the sale be approved by the Court all proper parties shall join in the sale and conveyance as the Court shall direct.

6. No order for the payment of purchase money into Court shall be necessary, but a lodgment schedule as prescribed by Order 77, rule 2 shall be sufficient authority for the Accountant to receive the money.

7. Affidavits for the purpose of enabling the Court to fix a reserve price shall state the value of the property by reference to an exhibit containing a statement of such value and of the facts and figures upon which such value is based, so that the value may not be disclosed by the affidavit when filed.

8. In the case of sales under the direction of the Court the particulars of sale shall be signed by and the result of the sale shall be certified under the hands of the auctioneer and the solicitor of the party having the conduct of the sale. It shall not be necessary to file any affidavit verifying the particulars or the result of the sale. The certificate shall be in the Form No. 21 in Appendix G.

9. The Court may refer to a counsel appointed by the Court any matter relating to the investigation of the title to an estate with a view to an investment of money in the purchase or on mortgage thereof, or with a view to a sale thereof, or to the settlement of a draft of a conveyance, mortgage, settlement, or other instrument, or any other matter which the Court may think fit to refer.

ORDER 52. MOTIONS AND OTHER APPLICATIONS.

1. All interlocutory applications to the Court and all applications authorised by these Rules to be made to the Court shall be made by motion, save as otherwise provided by these Rules.

2. Save as otherwise provided by these Rules, all such applications other than such as under the existing practice are made ex parte or are authorised by these Rules to be so made, shall be made by motion on notice to the parties concerned, which shall be filed, in the case of applications to the Supreme Court, in the office of the Registrar of the Supreme Court, in the case of applications relating to wards of Court, in the Office of Wards of Court, and in the case of other applications, in the Central Office.

3. In any case the Court, if satisfied that the delay caused by proceeding by motion on notice under this Order would or might entail irreparable or serious mischief, may make any order ex parte upon such terms as to costs or otherwise and subject to such undertaking, if any, as the Court may think just; and any party affected by such order may move to set it aside.

4. Every notice of motion for attachment, or to strike off the rolls, shall state in general terms the grounds of the application.

5. In every cause or matter where any party thereto makes any application by way of motion on notice he shall be at liberty to include in one and the same application all matters upon which he then desires the order or directions of the Court; and upon the hearing of such application it shall be lawful for the Court to make any order and give any directions relative to or consequential on the matter of such application as may be just. If upon any subsequent application it shall appear to the Court that the same could and ought to have been included in or made upon one motion, such subsequent application shall be granted only at the cost of the party making the same.

6. Unless the Court gives special leave to the contrary there must be at least two clear days between the service of a notice of motion and the day named in the notice for hearing the motion; provided that, where the notice of motion requires to be served personally out of Court, it shall be served not less than four clear days before the hearing of the application.

7. All notices of motion shall contain the name and registered place of business of the solicitor for the party serving the same, and also the name and registered place of business of the solicitor to be served, and shall be dated of the day on which the same shall be served and every notice of motion served on or by parties suing or appearing in person, shall state their names and places of residence, or addresses for service, in like manner as is prescribed by Order 4, rule 15.

8. If, on the hearing of a motion or other application the Court shall be of opinion that any person to whom notice has not been given ought to have or to have had such notice, the Court may either dismiss the motion or application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose.

9. The hearing of any motion or application may from time to time be adjourned upon such terms (if any) as the Court shall think fit.

10. The plaintiff shall, without any special leave, be at liberty to serve any notice of motion or other notice upon any defendant, who, having been duly served with an originating summons, has not appeared within the time limited for that purpose.

11. The plaintiff may, by leave of the Court to be obtained ex parte, serve any notice of motion upon any defendant along with the originating summons, or at any time after service of the originating summons and before the time limited for the appearance of such defendant.

12. Where any of the parties to a motion on notice fails to attend, the Court may proceed in the absence of such party. Where the Court has so proceeded, such proceeding shall not in any manner be reheard unless the Court shall be satisfied that the party failing to attend was not guilty of wilful delay or negligence; and in such case the costs occasioned by his non-attendance shall be in the discretion of the Court, which may fix the same at the time, and direct them to be paid by the party or his solicitor before he shall be permitted to have such proceeding reheard, or make such other order as to such costs as it may think just.

13. Every conditional order shall be served within ten days from the day on which the same is pronounced unless further time shall be allowed by the Court, and in default of service thereof within such ten days or further time such conditional order shall stand discharged.

14. In the case of an application under any statute directing the purchase money of any property sold to be paid into Court, any persons claiming to be entitled to the money so paid in must make an affidavit not only verifying their title, but also stating that they are not aware of any right in any other person, or of any claim made by any other person, to the sum claimed, or to any part thereof, or, if the claimants are aware of any such right or claim, they must in such affidavit state or refer to and except the same.

15. Any affidavits to be used in support of any motion on notice in any proceeding not assigned to a judge under Order 5, rule 4, shall be mentioned in the notice of motion and copies thereof shall be served therewith. In any proceeding which has been so assigned, it shall not be necessary, except in the cases mentioned in rule 4, to deliver or serve a copy of any affidavit on which the motion is grounded.

16. Upon the hearing of any application in any proceeding not assigned as aforesaid, an affidavit shall not be used without the special leave of the Court, unless the same shall be produced at the hearing or shall have been filed, or, if the application shall be on notice, unless the affidavit shall have been filed and a copy thereof delivered to the opposite party or parties before the hearing of the application. Upon the hearing of any application in any proceeding which has been so assigned, an affidavit shall not be used without the special leave of the Court unless the same shall be produced at the hearing or shall have been filed, or, if the application shall be on notice, unless the affidavit shall have been filed and notice of intention to use the same shall have been given to the opposite party or parties before the hearing of the application. Every affidavit shall be considered as filed only on the day of such copy being delivered or notice given.

17. In the case of any of the following applications, one counsel only shall be allowed unless the Court shall otherwise order:—

(1) Applications for a statement of the names of the persons who were co-partners in any firm under Order 14, rule 1.

(2) Applications under Order 17, rule 8 to compel a person to proceed.

(3) Applications to extend the time for doing any act or taking any step in an action.

(4) Applications for an order requiring a party to answer under Order 31, rule 11.

(5) Applications for discovery of documents under Order 31, rule 12.

(6) Applications for the appointment of guardians ad litem of infants or persons of unsound mind.

(7) Applications for the appointment of a guardian for the purpose of concurring in a special case.

(8) Applications in probate and admiralty actions under Order 36, rule 4.

(9) Applications in reference to sequestrators.

(10) Applications under the Debtors Act (Ireland), 1872, section 6.

(11) Applications in reference to receivers subsequent to the order for their appointment.

(12) Applications in reference to security for costs.

(13) Applications for payment or transfer to any person of any cash, stock or securities standing to the credit of any cause or matter where there has been a judgment or order declaring the rights or where the title depends only on proof of the identity, or the birth, marriage, or death, of any person.

(14) Applications for the payment of dividends or interest on any stock or securities standing to the separate credit of any person or persons.

(15) Applications for liberty to invest or to change investments of money under the control of the Court.

(16) Applications for or relating to a sale by auction or private contract, and as to the conduct of the sale, and for payment into court and investment of the purchase money.

ORDER 53. SOLICITORS.

I General.

1. In this Order: "the Act of 1954" means the Solicitors Act, 1954 .

"the Act of 1960" means the Solicitors (Amendment) Act, 1960 .

"the Acts" means the Solicitors Acts, 1954 and 1960.

"the Society" means the Incorporated Law Society of Ireland.

"the Committee" means the Disciplinary Committee constituted in pursuance of section 6 of the Act of 1960.

"the President" means the President of the High Court.

A reference to the President shall, where the function or power in question stands delegated under section 6 of the Act of 1954 to a Judge of the High Court, be construed as a reference to such Judge.

2. Service of any document upon the Society under this Order may be effected by serving the same on the Director General of the Society or by sending the same by prepaid registered post addressed to the Director General of the Society at Blackhall Place, Dublin.

3. Service of any document upon any other person under this Order may be effected in the manner provided in section 30 of the Act of 1960.

II. Application for admission as a solicitor.

4. Every person desiring to apply to be admitted by the President, and to be enrolled, as a solicitor, may apply by lodging a form of certificate of admission with the registrar of solicitors together with the prescribed fees. The certificate of admission shall be in the Form No. 1 in Appendix H.

5. If the applicant has complied with the requirements of the Act of 1954 concerning admission and the regulations made thereunder, the registrar of solicitors shall sign a certificate to that effect and lodge the same, together with the form of certificate of admission, in the Central Office and thereupon the President shall, unless cause to the contrary is shown, admit the applicant as a solicitor by signing the certificate of admission which shall forthwith be returned by the proper officer to the registrar of solicitors.

6. Upon receipt of the certificate of admission signed by the President, the registrar of solicitors shall enter the name of the applicant on the roll of solicitors and notify him thereof.

III. Disciplinary provisions.

7. (1) Where the Committee makes a report which is required to be brought before the Court pursuant to section 7 (3) or section 9 (2)(b) of the Act of 1960, the Society shall bring the report before the Court by presenting a petition to the Court, with the report annexed thereto.

(2) The petition shall be in the Form No. 2 or No. 3 in Appendix H and shall be verified by an affidavit of the secretary of the Society in the Form No. 4 in Appendix H.

8. As soon as a date has been fixed for the hearing of the petition, a copy of the petition with particulars of the date so fixed indorsed thereon shall be served upon the solicitor to whom it relates.

9. Upon the hearing of the petition, the Court may require any notice, affidavit, or other document used or laid in evidence before the Committee or a transcript of any oral evidence given before the Committee to be produced or made available to the Court by the Society or the Committee in such manner as the Court may direct.

10. An application pursuant to section 10 of the Act of 1960 by a person to have his name restored to the roll of solicitors shall be made by motion on notice to the Society in the proceedings in which his name was removed from the roll.

11. An attested copy of every order made by the Court under the Act of 1960 shall be sent by the Society to the Committee for filing with the registrar of solicitors.

IV. Appeals and applications to the President under Parts IV, V and VI of the Act of 1954.

12. Every appeal or application to the President under sections 45, 47 (6), 48 (3), 49 (5), 51 (2), or 60 (3) of the Act of 1954 shall be brought by notice of motion which shall be a four day notice and shall be entitled in the matter of the apprentice, intending apprentice or solicitor to whom the same relates and in the matter of the Acts.

13. The notice of motion shall state the order or decision of the Society or the registrar of solicitors (as the case may be) in respect of which the appeal or application is brought, the grounds of the appeal or application and the order (if any) sought by the appellant or applicant on such appeal or application.

14. The notice of motion shall be served on the Society or, in the case of an application under section 47 (6) of the Act, on the registrar of solicitors, within one month from the date on which the appellant or applicant was notified of the order or decision of the Society or the registrar (as the case may be).

15. The appeal or application shall be entered by the appellant or applicant by delivering a copy of the notice of motion (with the date of service thereof indorsed), together with any affidavit intended to be used in support thereof, to the proper officer at the Central Office at latest upon the day after the date of the service thereof upon the Society or the registrar of solicitors (as the case may be).

16. The evidence upon the hearing of any such appeal or application shall be by affidavit, except in so far as the President may direct oral evidence to be given.

17. The President shall have power, subject to the provisions of the Acts, to give any decision or make any order which ought to have been given or made and to make such further or other order as the case may require.

18. In case of an application to the President under the said sections 47 (6) or 48 (3), any order made thereon by the President shall be served by the applicant on the registrar of solicitors who shall forthwith take all such steps as may be necessary to comply therewith; and in every other case, any order made by the President on an appeal or application may be served by the appellant or applicant on the Society which shall forthwith take all such steps as may be necessary to comply therewith.

V. Applications relating to the control of a solicitor's property.

19. Every application to the Court made under section 19 (2) (b) of the Act of 1960 or under paragraph 15 (2) (b) of the Fifth Schedule to the Act of 1954 shall be brought by special summons, which shall be entitled in the matter of the Acts, and the person having possession or control of the documents to which the application relates shall be named as respondent.

20. Every application to the Court under section 19 (4) of the Act of 1960 or under paragraph 15 (4) of the Fifth Schedule to the Act of 1954 shall be brought by special summons, which shall be entitled in the matter of the Acts, and the Society shall be named as respondent.

21. Every application by the Society to the Court under section 20 (1) of the Act of 1960 or under paragraph 17 of the Fifth Schedule to the Act of 1954 shall be governed by the following provisions:—

( a ) the application may be made on motion ex parte grounded on an affidavit of the secretary or other officer of the Society duly authorised entitled in the matter of the solicitor to whose banking account or to whose firm's banking account the application relates and in the matter of the Acts;

( b ) any order of the Court directing that no banking company shall, without leave of the Court, make any payment out of a banking account in the name of such solicitor or his firm shall be served upon such banking company or companies and in such manner (if any) as shall be specified in the order;

( c ) any order of the Court directing that a specified banking company shall not, without leave of the Court, make any payment out of a banking account in the name of such solicitor or his firm shall be served upon the said banking company in such manner (if any) as shall be specified in the order;

( d ) any order made as aforesaid shall be served upon the solicitor or the firm whose account is affected thereby within such time as may be specified in the said order or within such extended time as may be fixed by any subsequent order unless the Court shall dispense with such service;

( e ) the solicitor or firm whose account is affected by any such order as aforesaid or any banking company on which any such order has been served may at any time apply to the Court by motion on notice to the Society to discharge, set aside or vary the said Order, and thereupon the Court may discharge, set aside or vary the said order upon such terms as may be just;

( f ) an application for leave to make any payment out of a banking account affected by any such order as aforesaid may be made by motion on notice to the Society;

( g ) the Society or any other interested party may at any time apply to the Court by motion to discharge or vary any such order as aforesaid, and notice of such application shall be given to the persons affected thereby unless the Court shall dispense with such notice.

VI. Applications relating to client's property.

22. Where the relationship of solicitor and client exists, or has existed, a special summons may be issued by the client or his representatives for the delivery of a cash account, or the payment of moneys, or the delivery of securities, and the Court may from time to time order the respondent to deliver to the applicant a list of the moneys or securities which he has in his custody or control on behalf of the applicant, or to bring into Court the whole, or any part of the same, within such time as the Court may order. In the event of the respondent alleging that he has a claim for costs, the Court may make such provision for the payment or security thereof or the protection of the respondent's lien (if any) as the Court may think fit.

ORDER 54. ADMINISTRATION, TRUSTS AND MORTGAGES.

1. The executors or administrators of a deceased person or any of them, and the trustees under any deed or instrument or any of them, and any person claiming to be interested in the relief sought as creditor, devisee, legatee, next-of-kin, or heir-at-law of a deceased person, or as cestui que trust under the trust of any deed or instrument, or as claiming by assignment or otherwise under any such creditor or other person as aforesaid, may take out, a special summons for relief of the nature or kind specified in Order 3 (1) to (7) inclusive.

2. The persons to be named as defendants in any summons under rule 1 shall in the first instance be the following:—

(1) Where the summons is taken out by executors, administrators or trustees or any of them:—

( a ) for the determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin or heir-at-law, or cestui que trust, or arising in the administration of the estate or trust, or for a direction to the executors, administrators or trustees to do or abstain from doing any particular act in their character as such, or for the approval of any sale, purchase, compromise or other transaction: the persons, or one of the persons, whose rights or interests are sought to be affected;

( b ) for the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others: any member or alleged member of the class;

( c ) for the furnishing and vouching of accounts by the executors, administrators or trustees: any person interested in taking such accounts;

( d ) for the payment into Court of any money in the hands of the executors, administrators or trustees: any person interested in such money;

( e ) for the administration of the personal estate or freehold registered land devolving as personalty of the decreased: the residuary legatees or next-of-kin, or some of them;

( f ) for the administration of the real estate of the deceased: the residuary devisees or heirs, or some of them;

( g ) for the administration of the trust: the cestuis que trustent or some of them;

( h ) if there are more than one executor, administrator or trustee and they do not all join as plaintiffs: those who do not join.

(2) Where the summons is taken out by any person other than the executors, administrators or trustees: the said executors, administrators or trustees.

3. Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having property subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out a special summons for relief of the nature or kind specified in Order 3 (15).

4. A special summons under Order 3 (8) shall be entitled in the matter of the estate of the person upon whose decease the estate duty has been paid or claimed, and in the matter of the Finance Act, 1894, and shall in other respects be in the form prescribed by Order 1, rule 4.

5. It shall not be obligatory on the Court to pronounce or make a judgment or order for the administration of any trust or of the estate of any deceased persons if the questions between the parties can be properly determined without such judgment or order.

6. Upon an application for administration or execution of trusts by a creditor or beneficiary under a will, intestacy, or deed of trust, where no accounts or insufficient accounts have been rendered, the Court may in addition to the powers already existing—

( a ) order that the application shall stand over for a certain time, and that the executors, administrators, or trustees in the meantime shall render to the applicant a proper statement of their accounts, with an intimation that if this is not done they may be made to pay the cost of the proceedings;

( b ) when necessary to prevent proceedings by other creditors or by persons beneficially interested, make the usual judgment or order for administration, with a proviso that no proceedings are to be taken under such judgment or order without leave of the Court.

ORDER 55. THE EXAMINER.

I. Powers and duties.

1. The Examiner shall take such accounts and conduct such inquiries as may be ordered by the Court, and may make such orders of an interlocutory nature as have heretofore been made by the Examiner, and shall perform and fulfil such other duties and functions as have heretofore been performed and fulfilled by the Examiner or as shall from time to time be conferred on or assigned to him by statute or rule of Court.

2. The Examiner shall, for the purpose of any proceedings before him have power to issue advertisements, to summon parties and witnesses, to administer oaths, to require the production of documents, to take affidavits and acknowledgments, and, where an account consists in part of a bill of costs, to request the Taxing Master to assist in settling such costs by taxing such bill, and when so directed by the Court, to examine parties and witnesses either upon interrogatories or viva voce.

3. Parties and witnesses required to attend before the Examiner shall be liable to process of contempt in like manner as parties or witnesses are liable thereto in case of disobedience to any order of the Court, or in case of default in attendance, in pursuance of any order of the Court or of any subpoena ad testificandum, and all persons swearing or affirming before the Examiner, shall be liable to all such penalties, punishments, and consequences for any wilful and corrupt false swearing or affirming, as if the matters sworn or affirmed had been sworn and affirmed before any other person by law authorised to administer oaths, to take affidavits, and to receive affirmations.

4. The Court may direct any computation of interest, or the apportionment of any fund, to be certified by the Examiner, and to be acted upon by the Accountant or other person without further order.

5. The notice requiring the attendance before the Examiner of parties, witnesses, or others shall be in the Form No. 2 in Appendix G.

6. At any time during the proceedings under any order, the Court or the Examiner may require a guardian ad litem to be appointed for any infant or person of unsound mind not so found by inquisition, who has been served with notice of such order.

II. Documents to be left at the Examiner's Office.

7. In all cases of proceedings under any order, the party prosecuting the same shall leave a copy of such order at the Examiner's Office; such copy shall be certified by such party or his solicitor to be a true copy.

8. A note stating the names of the solicitors for all the parties, and showing for which of the parties such solicitors are concerned, shall be left at the Examiner's Office with every order, together with plain copies of the originating summons, pleadings and affidavits (if any).

9. Where notice of an order has been served in pursuance of Order 15, rule 31, the party prosecuting the same shall leave at the Examiner's Office—

( a ) a copy, certified by him or his solicitor, of every appearance entered by a person served with such notice, and

( b ) a certificate of the proper officer of the entry of a memorandum of service of such notice upon those persons who have not, within one month of service upon them, entered an appearance.

III. Notice to proceed.

10. An attested copy of every order directing accounts or inquiries to be taken or made shall be left at the Examiner's Office by the party entitled to prosecute the same within ten days after the same shall have been perfected and in default thereof any other party to the cause or matter shall be at liberty to leave the same, and such party shall have the prosecution of such order unless the Court shall otherwise direct.

11. Upon a copy of the order being left at the Examiner's Office, a notice to proceed under the order shall be taken out, and upon the return day of such notice the Examiner, if satisfied by proper evidence that all necessary parties have been served with notice of the order, shall thereupon give directions as to the manner in which each of the accounts and inquiries is to be prosecuted, the evidence to be adduced in support thereof, the parties who are to attend on the several accounts and inquiries, and the time within which each proceeding is to be taken, and a day or days may be appointed for the future attendance of the parties, and and all such directions may afterwards be varied, by addition thereto or otherwise, as may be found necessary. Such notice to proceed shall be in the Form No. 1 in Appendix G.

12. Where by an order a deed is directed to be settled by the Court in case the parties differ, a notice to proceed shall be issued, and upon the return day of the notice the party entitled to prepare the draft deed shall be directed to deliver a copy thereof, within such time as the Examiner shall think fit, to the party entitled to object thereto, and the party so entitled to object shall be directed to deliver to the other party a statement in writing of his objections (if any) within eight days after the delivery of such copy, and the proceeding shall be adjourned until after the expiration of the said period of eight days.

13. Where it appears that by reason of absence, or for any other sufficient cause, the service of notice of the order upon any person cannot be made or ought to be dispensed with, the Court may wholly dispense with such service, or may order any substituted service or notice by advertisement or otherwise in lieu of such service.

14. Where service on any person of notice of an order is dispensed with, the Court may order that such person shall be bound as if served, and he shall be bound accordingly, except where the order has been obtained by fraud or non-disclosure of material facts.

15. If, on the hearing of the notice to proceed, it shall appear that all necessary parties are not parties to the action, or have not been served with notice of the order, directions may be given for advertisement for creditors, and for leaving the accounts in the Examiner's Office, but the adjudication on creditors' claims and the accounts shall not be proceeded with, and no other proceeding shall be taken, except for the purpose of ascertaining the parties to be served, until all necessary parties shall have been served and are bound, or service shall have been dispensed with, and until directions shall have been given as to the parties who are to attend on the proceedings.

16. The course of proceeding before the Examiner shall ordinarily be the same as the course of proceeding in Court upon motions. No statement of facts, charges or discharges, shall be brought in unless by the special direction of the Court. Copies, abstracts, or extracts of or from accounts, deeds, or other documents and pedigrees and concise statements shall, if directed, be supplied for the use of the Court and the Examiner, and, where so directed, copies shall be delivered to the other parties. No copies shall be made of deeds or documents where the originals can be brought in, unless the Court shall otherwise direct.

IV. Appointment Book.

17. At the time any notice to proceed is taken out or any appointment is obtained, an entry thereof shall be made in "the Appointment Book."

18. Matters coming before the Examiner shall, unless the Court otherwise directs, when ready for hearing be entered in daily lists, and taken in their order on such lists; and every matter commenced shall be continued until completion, subject to such adjournments as the Examiner shall for good cause consider necessary and upon such terms as to costs or otherwise as he shall deem proper.

V. Attendances.

19. Where, upon the hearing of the notice to proceed, or at any time during the prosecution of the order, it appears with respect to the whole or any portion of the proceedings, that the interests of the parties can be classified, the Court may require the parties constituting each or any class to be represented by the same solicitor, and may direct what parties may attend all or any part of the proceedings, and where the parties constituting any class cannot agree upon the solicitor to represent them, the Court may nominate such solicitor for the purpose of the proceedings before it and where any one of the parties constituting such class declines to authorise the solicitor so nominated to act for him, and insist upon being represented by a different solicitor, such party shall personally pay the costs of his own solicitor of and relating to the proceedings before the Court, with respect to which such nomination shall have been made, and all such further costs as shall be occasioned to any of the parties by his being represented by a different solicitor from the solicitor so nominated.

20. Whenever the same solicitor is employed for two or more parties, the Court may require that any of the said parties shall be represented by a distinct solicitor other than the town agent of such first-mentioned solicitor, and adjourn the proceedings until such party is so represented.

21. Any party other than those who shall have been directed to attend may attend at his own expense, and upon paying the costs, if any, occasioned by such attendance, or he may apply for liberty to attend at the expense of the estate, or to have the conduct of the action either in addition to or in substitution for any of the parties who shall have been directed to attend.

22. An order shall be drawn up, on a notice to be issued by the plaintiff or the party having the conduct of the action, or other proceeding, stating the parties who shall have been directed to attend and such of them (if any) as shall have elected to attend at their own expense, and such order shall be recited in the Examiner's certificate.

VI. Advertisements for creditors and claimants.

23. Where an order is made directing an account of debts, claims or liabilities, or an inquiry for heirs, next-of-kin, or other unascertained persons, all persons who do not come in and prove their claims within the time which may be fixed for that purpose by advertisement, shall, unless otherwise ordered, be excluded from the benefit of the order. Such advertisement shall be by notice in the press or by such other means as the Court may direct.

24. Where an advertisement is required for the purpose of any proceeding before the Examiner only one shall be issued, unless for any special reason it may be necessary to issue a second or further advertisements. An advertisement may be repeated as many times and in such manner as may be directed.

25. The advertisements for claimants and creditors shall be prepared by the party prosecuting the order, and submitted to the Examiner for approval, and when approved shall be signed by him.

26. Advertisements for creditors and other claimants shall fix a time within which each claimant, not being a creditor, is to come in and prove his claim, and within which each creditor is to send to the executor or administrator of the deceased, or to such other party as may be directed or to his solicitor, to be named and described in the advertisement, the name and address of such creditor and the full particulars of his claim, and a statement of his account and the nature of the security (if any) held by him. Such advertisements shall be in one of the Forms Nos. 3, 4, 5 and 6 in Appendix G. At the time of directing such advertisement a time shall be fixed for adjudicating on the claims.

27. The person who examines the claims shall produce at the hearing attested copies of the affidavits filed by claimants, unless the Court shall otherwise direct.

28. No creditor or other claimant need make any affidavit nor attend in support of his claim (except to produce his security) unless he is served with a notice requiring him to do so as hereinafter provided.

29. Every creditor shall on request produce the security (if any) held by him, and shall, if required by notice in writing given by the executor or administrator of the decreased, or by such other party as the Court shall direct, produce all other deeds and documents necessary to substantiate his claim before the Examiner at such time as shall be specified in such notice. The notice shall be in the Form No. 7 in Appendix G.

30. In case any creditor shall neglect or refuse to comply with rule 29, he shall not be allowed any costs of proving his claim unless the Court shall otherwise direct.

31. The executor or administrator of the deceased, or such other party as may be directed shall examine the claims of creditors sent in, pursuant to the advertisement, and shall ascertain, so far as he is able, to which of such claims the estate of the deceased is justly liable, and he shall, at least seven clear days prior to the time appointed for adjudication, file an affidavit in the Form No. 8 in Appendix G to be made by such executor or administrator, or one of the executors or administrators, or such other party, jointly with his solicitor or otherwise, as the Court shall direct, verifying a list of the claims in the Form No. 9, in Appendix G, the particulars of which have been sent pursuant to the advertisement, and stating to which of such claims, or parts thereof respectively, the estate of the deceased is, in the opinion of the deponent justly liable, and his belief that such claims or parts thereof respectively, are justly due and proper to be allowed and the reasons for such belief.

32. In case the Examiner shall think fit so to direct the making of the affidavit referred to in rule 31 shall be postponed till after the day appointed for adjudication, and shall then be subject to such directions as the Examiner may give.

33. Where on the day appointed for hearing the claims any of them remain undisposed of, the hearing of such claims shall be adjourned to such day as may be fixed, and where further evidence is to be adduced, a time may be named within which the evidence on both sides is to be closed and directions may be given as to the mode in which such evidence is to be adduced.

34. At the time appointed for adjudicating upon the claims of creditors or at any adjournment thereof, the Examiner may, in his discretion, allow any of the claims, or any part thereof respectively without proof by the creditors, and direct investigation of all or any of the claims not allowed, and require further particulars, information, or evidence relating thereto, and may, require any creditor to attend and prove his claim, or any part thereof, and the adjudication on such claims as are not then allowed shall be adjourned to a day to be then fixed.

35. (1) Where the claim of any creditor has been allowed, in whole or in part, without proof by such creditor, notice of such allowance shall be given to him in the Form No. 10 in Appendix G by the executor or administrator or such other party as may be directed.

(2) Where any creditor is required to attend and prove his claim or any part thereof, notice shall be given to him in the Form No. 11 in Appendix G by the executor or administrator or such other party as may be directed, requiring him to file an affidavit in support of his claim within such time (not being less than seven days after service of such notice) as may be specified in the notice and to attend at the time specified in such notice for adjudicating on such claim. If the creditor shall fail to comply with such requirements, his claim or the part thereof required to be proved shall be disallowed.

36. No claim shall be received after the time fixed by the advertisement except by special leave of the Court. Application for such leave shall be made by motion on notice and it may be granted upon such terms and conditions as the Court shall direct.

37. A creditor who has been required to attend and prove and has established his debt shall be entitled to the costs of so doing and the sum to be allowed for such costs shall be fixed by the Court, unless the Court shall direct the taxation thereof; and the amount of such costs, or the sum allowed in respect thereof, shall be added to the debt so established.

38. A list of all claims allowed shall, when required, be made out and left with the Examiner by the person who examines the claims.

39. Where any order is made for payments by the Accountant to creditors, the party whose duty it is to prosecute such order shall send to each such creditor or his solicitor (if any) a notice in the Form No. 12, in Appendix G that the drafts may be received from the Accountant, and such party shall, when required, produce such order and any other papers necessary to enable such creditors to receive their drafts and get them passed.

40. Every notice by this Order required to be given to creditors or other claimants shall, unless the Court shall otherwise direct, be served through the Central Office on the creditor or other claimant at the address given in his claim, or, in case such creditor or other claimant shall have employed a solicitor, on such solicitor at the address given by him.

VII. Interest.

41. When an order directs an account of the debts of a deceased person, interest shall (except in the case of insolvent estates or where otherwise ordered) be computed on such debts as to such of them as carry interest at the rate they respectively carry, and as to all others at the rate standing specified in section 26 of the Debtors (Ireland) Act, 1840 from the date of the order.

42. A creditor whose debt does not carry interest and who established the same pursuant to an order of the Court shall be entitled to interest thereon at said rate per cent. per annum from the date of the order out of any assets available therefor after the satisfaction of all prior claims.

43. Where an order is made directing an account of legacies, interest shall be computed on such legacies at said rate per cent. per annum from the end of one year after the testator's death, unless otherwise ordered, or unless any other time of payment or rate of interest is directed by the will, and in that case according to the will.

VIII. Examiner's certificate.

44. The result of any proceedings before the Examiner shall be stated in the form of a concise certificate to the Court. Unless an order to discharge or vary the same is made, the certificate shall be deemed to be approved and adopted by the Court.

45. The Examiner's certificate shall not, unless the circumstances of the case render it necessary, set out the order or any documents or evidence or reasons, but shall refer to the order, documents, and evidence or particular paragraphs thereof, so that it may appear upon what the result stated in the certificate is founded.

46. The Examiner's certificate shall be in the Form No. 16 in Appendix G and shall be signed by the Examiner.

47. Where an account is directed, the certificate shall state the result of such account, and not set the same out by way of schedule, but shall refer to the account verified by the affidavit filed, and shall specify, by the numbers attached to the items in the account, which (if any), of such items have been disallowed or varied, and shall state what additions (if any) have been made by way of surcharge or otherwise, and where the account verified by the affidavit has been so altered that it is necessary to have a fair transcript of the account as altered, such transcript may be required to be made by the party prosecuting the order, and shall then be referred to by the certificate. The accounts and the transcripts (if any) referred to in the certificate shall be filed therewith, or retained in the Examiner's Office and subsequently filed, as the Examiner may direct.

48. Any party or other person interested may, before the proceedings before the Examiner are concluded, take the opinion of the Court upon any matter arising in the course of the proceedings upon notice given to all proper persons. Such notice shall be in one of the Forms Nos. 14 and 15 in Appendix G.

49. Every certificate, with the accounts (if any) to be filed therewith, shall be transmitted by the Examiner to the Central Office and there filed, and shall thenceforth be binding on all parties to the proceedings unless discharged or varied upon application by motion of which notice shall have been served within eight days of such filing; provided that in case of an application to discharge or vary any certificate to be acted upon by the Accountant without further order, or any certificate on passing receivers' or liquidators' accounts, the notice shall be served within three days after the filing of the certificate.

50. The Court may, in special circumstances, upon an application by motion for the purpose, direct a certificate to be discharged or varied at any time after the same has become binding on the parties.

IX. Miscellaneous.

51. Notes shall be kept of all proceedings before the Examiner with proper dates, so that all such proceedings in each cause or matter may appear consecutively, and in chronological order, with a short statement of the questions or points decided or ruled at every hearing.

52. All orders made by the Examiner shall be transmitted to the Central Office and there filed.

53. Counsel shall not be heard in proceedings before the Examiner unless the Court shall otherwise direct.

54. The Forms Nos. 17 to 31 in Appendix G shall be used for the respective purpose therein mentioned.

ORDER 56. ARBITRATION.

1. In this Order:

"the Acts" mean the Arbitration Acts, 1954 and 1980;

"party" includes the personal representative of a deceased party; words and phrases defined in the Acts have the same meanings.

2. An application to stay proceedings in pursuance of section 5 of the Arbitration Act, 1980 , may be made by motion in such proceedings on notice to the plaintiff.

3. Where relief by way of interpleader is granted, an application to direct the issue between the claimants to be determined by arbitration in pursuance of section 13 of the Arbitration Act, 1954 , may be made by any party at the hearing of the application or proceedings in which such relief is granted or at the conclusion of such hearing.

4. An application by any party to a reference under an arbitration agreement—

(a) to appoint an arbitrator or umpire, or

(b) to remove an arbitrator or umpire, with or without an application to appoint another person in his place, or

(c) to remit an award to an arbitrator or umpire, or

(d) to direct an arbitrator or umpire to state a special case for the Court, or

(e) to set aside an award, or

(f) to enforce an award in pursuance of section 41 of the Arbitration Act, 1954 ,

may be made by special summons, to which the other party to the reference, and (in the case of an application under paragraph (b) or paragraph (d)) the arbitrator or umpire, shall be defendants. An application to remit or set aside an award shall be made within six weeks after the award has been made and published to the parties, or within such further time as may be allowed by the Court.

5. An application to enlarge the time for making an award under an arbitration agreement may be made by any party to the reference by motion on notice to the other party and to the arbitrator or umpire (as the case may be) or may be made by the arbitrator or umpire by motion on notice to the parties to the reference.

6. An application for the delivery of an award and taxation of the fees of an arbitrator or umpire in pursuance of section 33 of the Arbitration Act, 1954 , may be made by any party to the reference by motion on notice to the arbitrator or umpire.

7. Any application to the Court under or in pursuance of the Act, for which provision is not made by rules 2 to 6, may be made by a party to a reference under an arbitration agreement by motion on notice to the other party.

8. Every originating notice of motion under this Order (other than an application under section II (3) of the Arbitration Act, 1954 , shall be entitled in the matter of the arbitration to which it relates and in the matter of the Act, and the provisions of Order 5 rule 7 shall apply mutatis mutandis to such notices of motion.

ORDER 57. INTERPLEADER.

1. Relief by way of interpleader may be granted—

(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; or

(b) where the applicant is a sheriff or other officer charged with the execution of process by or under the authority of the High Court or the Supreme Court and claim is made to any money, goods, or chattels taken or intended to be taken in execution under any process, or to the proceeds or value of any such goods or chattels by any person other than the person against whom the process issued.

2. (1) The applicant must satisfy the Court by affidavit or otherwise—

(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, except where he is a sheriff or other officer charged with the execution of process by or under the authority of the High Court or Supreme Court who has seized goods and who has withdrawn from possession in consequence of the execution creditor admitting the claim of the claimant under rule 15, is willing to pay or transfer the subject-matter into Court or to dispose of it as the Court may direct.

(2) The affidavit shall be in the Form No. 23 in Appendix C.

3. The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin, but are adverse to and independent of one another.

4. Where the applicant is a defendant, application for relief may be made by motion on notice at any time after the commencement of the proceedings. In any other case, the application shall be by special summons.

5. The application for relief shall call on the claimants to state the nature and particulars of their claims and either to maintain or relinquish them.

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

7. If the claimants maintain their claims, the Court may order either that any claimant be made a defendant in any action already commenced in respect of the subject-matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff, and which defendant, in such issue.

8. The Court may, with the consent of both claimants, or on the request of any claimant, if, having regard to the value of the subject matter in dispute, it seems desirable so to do, dispose of the merits of their claims, and decide the same in a summary manner and on such terms as may be just.

9. Where the question is a question of law, and the facts are not in dispute, the Court may either decide the question without directing the trial of an issue, or order that a special case be stated for the opinion of the Court. If a special case is stated, Order 34 shall, so far as applicable, apply thereto.

10. If a claimant fails to maintain, or relinquish, his claim in such proceedings, or neglects or refuses to comply with any order made therein, the Court may make an order declaring him, and all persons claiming under him, for ever barred against the applicant and persons claiming under him, but the order shall not affect the rights of the claimants as between themselves.

11. When goods or chattels have been seized in execution by a sheriff or other officer charged with the execution of process of the High Court or the Supreme Court, and any claimant alleges that he is entitled under a bill of sale or otherwise to the goods or chattels by way of security for debt, the Court may order the sale of the whole or a part thereof and direct the application of the proceeds of the sale in such manner and upon such terms as may be just.

12. Orders 31 and 36 shall, with the necessary modifications, apply to an interpleader issue; and the Court which tries the issue may finally dispose of the whole matter of the interpleader proceedings including all costs not otherwise provided for.

13. Where in any interpleader proceedings it is necessary or expedient to make one order in several causes or matters such order may be made by the Court before which the interpleader proceeding may be taken, and shall be entitled in all such causes or matters; and any such order (subject to the right of appeal) shall be binding on the parties in all such causes or matters.

14. The Court may, in or for the purposes of any interpleader proceedings, make all such orders as to costs and all other matters as may be just and reasonable.

15. Any claim to or in respect of any goods or chattels taken in execution under the process of the Court shall be made in writing, and upon the receipt of the claim, the sheriff or his officer shall forthwith give notice thereof to the execution creditor according to the Form No. 24 in Appendix C, and the execution creditor shall, within four days after receiving the notice, give notice to the sheriff or his officer that he admits or disputes the claim, according to the Form No. 25 in Appendix C. If the execution creditor admits the title of the claimant, and gives notice as directed by this rule, he shall only be liable to such sheriff or officer for any fees and expenses incurred prior to the receipt of the notice admitting the claim.

16. When the execution creditor has given notice to the sheriff or his officer that he admits the claim of the claimant, the sheriff may thereupon withdraw from possession of the goods claimed, and may apply for an order protecting him from any action in respect of the said seizure and possession of the said goods, and the Court may make any such order as may be just and reasonable in respect of the same; provided always, that the claimant shall receive notice of such intended application, and may attend the hearing of the same, and if he attend, the Court may, in and for the purposes of such application, make all such orders as to cost as may be just and reasonable.

17. Where the execution creditor does not in due time, as directed by rule 15, admit or dispute the title of the claimant to the goods or chattels, and the claimant does not withdraw his claim thereto by notice in writing to the sheriff or his officer, the sheriff may apply for an interpleader order, and the Court may, in and for the purposes of such interpleader proceedings, make all such orders as to costs, fees, charges and expenses, as may be just and reasonable.

ORDER 58. APPEALS TO THE SUPREME COURT.

1. All appeals to the Supreme Court shall be by way of rehearing and (save from the refusal of an ex parte application) shall be brought by notice of motion (in this Order called "the notice of appeal"). The appellant may appeal from the whole or any part of any judgment or order and the notice of appeal shall state whether the whole or part only of such judgment or order is complained of and, in the latter case, shall specify such part.

2. In any cause or matter where there has been a trial thereof, or of any issue therein, with a jury every notice of appeal therein shall include an application for a new trial and such other relief as may be sought, e.g. to set aside the verdict and finding of a jury or to enter judgment for the appellant.

3. (1) The notice of appeal shall in every case be a ten-day notice and subject to the provisions of this Order, shall be served not later than twenty-one days from the passing and perfecting of the judgment or order appealed against.

(2) The date of passing and perfecting shall be indorsed on the judgment or order by the proper officer of the Court in which the judgment or order was pronounced or made.

(3) The Supreme Court shall have power to abridge the time appointed by these Rules for notice of an appeal to the Supreme Court upon terms (if any) as it may direct.

(4) The Supreme Court shall have power to enlarge the time appointed by these Rules or fixed by any order enlarging time for the service of a notice of appeal to the Supreme Court upon such terms (if any) as it may direct, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed.

4. The notice of appeal shall in every case state the grounds of appeal and the relief sought or the order (if any) in lieu of the judgment or order appealed from sought by the appellant and when there has been a trial with a jury whether all or part only of the verdict or findings is complained of.

5. The notice of appeal shall be served upon all parties directly affected by the appeal, and it shall not be necessary to serve parties not so affected; but the Supreme Court may direct notice of the appeal to be served on all or any of the parties to the action or other proceeding, or upon any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may be just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties.

6. Any notice of appeal may be amended at any time on such terms as the Supreme Court may think fit.

7. In any appeal within rule 2, the following provisions in addition to such of the provisions of this Order as are applicable, shall apply:—

(1) The Registrar of the Supreme Court shall apply to the trial Judge for a report, so far as he may deem necessary, of the trial for the information of the Supreme Court.

(2) A new trial shall not be granted on the ground of mis-direction or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the Judge at the trial was not asked to leave to them, unless in the opinion of the Supreme Court some substantial wrong or miscarriage has been thereby occasioned in the trial; and if it appear to such Court that such wrong or miscarriage affects part only of the matter in controversy, or some or one only of the parties, the Supreme Court may give final judgment as to part thereof, or as to some or one only of the parties, and may direct a new trial as to the other part only, or as to the other party or parties.

(3) A new trial may be ordered on any question, whatever be the grounds for the new trial, without interfering with the finding or decision upon any other question.

8. The Supreme Court shall have all the powers and duties as to amendment and otherwise of the High Court, together with full discretionary power to receive further evidence upon questions of fact, such evidence to be either by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner. Such further evidence may be given without special leave upon any appeal from an interlocutory judgment or order or in any case as to matters which have occurred after the date of the decision from which the appeal is brought. Upon any appeal from a final judgment or order such further evidence (save as to matters subsequent as aforesaid) shall be admitted on special grounds only, and not without special leave of the Supreme Court (obtained upon application therefor by motion on notice setting forth such special grounds). The Supreme Court shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been made and to make such further or other order as the case may require. The powers aforesaid may be exercised by the Supreme Court, notwithstanding that the notice of appeal asks that part only of the decision be reversed or varied, and such powers may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision. The Supreme Court shall have power to make such order as to the whole or any part of the costs of the appeal as may be just.

9. If upon the hearing of an appeal, it shall appear to the Supreme Court that a new trial ought to be had, it may order that the judgment or order be set aside and that a new trial be had.

10. It shall not, under any circumstances, be necessary for a person served with notice of appeal to give notice by way of cross appeal, but if such person intends, upon the hearing of the appeal, to contend that the judgment or order appealed from should be varied, he shall within four days of such service upon him or within such extended time as may be allowed by the Supreme Court give notice of such intention to any parties who may be affected by such contention. Every such notice shall be a four-day notice and the appeal shall not be listed before the expiration thereof. The omission to give such notice shall not diminish the powers conferred by statute or these Rules upon the Supreme Court, but may, in the discretion of the Supreme Court, be ground for an adjournment of the appeal or for a special order as to costs.

11. All appeals to the Supreme Court shall be entered in the Office of the Registrar of the Supreme Court within seven days of service, or of the last service, if more than one, of the notice of appeal. The appellant shall lodge with the Registrar of the Supreme Court an attested copy of the judgment or order appealed from and shall leave with him a copy of the notice of appeal (indorsed with sufficient particulars of service) to be filed and as soon as the necessary papers are in order and ready such officer shall thereupon set down the appeal by entering the same in the proper list of appeals and it shall come on to be heard according to its order in such list, unless the Supreme Court shall otherwise direct.

12. The appellant shall without delay lodge in the Office of the Registrar of the Supreme Court five books of appeal each containing copies of the pleadings and all other documents required for the hearing of the appeal with a sufficient index, a true copy of which index shall have been previously furnished to every other party affected by the appeal; provided that in any appeal within rule 2 three books of appeal shall be lodged initially, unless the Court shall otherwise require.

13. Where an ex parte application has been refused in whole or in part by the High Court an application for a similar purpose may be made to the Supreme Court ex parte within four days from the date of such refusal, or within such enlarged time as the Supreme Court may allow.

14. When any question of fact is involved in an appeal, the evidence taken in the High Court bearing on such question shall, subject to any special order, be brought before the Supreme Court as follows:—

( a ) as to any evidence taken by affidavit, by the production of printed copies of such of the affidavits as have been printed, and copies of such of them as have not been printed;

( b ) as to any evidence given orally, by the production of a copy of the Judge's notes, or such other materials as the Supreme Court may deem expedient.

15. If, upon the hearing of an appeal, a question arises as to the ruling or direction of a Judge to a jury or assessors, the Supreme Court shall have regard to verified notes or other evidence, and to such other materials as the Supreme Court may deem expedient.

16. No interlocutory order or rule from which there has been no appeal shall operate so as to bar or prejudice the Supreme Court from giving such decision upon the appeal as may be just.

17. Such deposit or other security for the costs to be occasioned by any appeal shall be made or given as may be directed under special circumstances by the Supreme Court.

18. An appeal to the Supreme Court shall not operate as a stay of execution or of proceedings under the decision appealed from, except so far as the High Court or the Supreme Court may order; and no intermediate act or proceeding shall be thereby invalidated, except so far as the High Court or the Supreme Court may direct.

19. Whenever under these Rules an application may be made either to the High Court or to the Supreme Court it shall be made in the first instance to the High Court.

20. On an appeal from the High Court, interest for such time as execution has been delayed by the appeal shall be allowed, unless the Supreme Court otherwise orders, and the Taxing Master or other proper officer may compute such interest without any order for that purpose.

21. This Order shall, so far as applicable, apply to all appeals to the Supreme Court from any special tribunal or body.

22. Where a defendant desires to contest as respondent, in pursuance of the Civil Liability Act, 1961 , section 32 (3), an appeal brought by a co-defendant, he shall serve notice of his intention to do so in the Form No. 30 in Appendix C upon such co-defendant and the plaintiff, and upon any other party directly affected thereby, within seven days from the date on which the notice of appeal was served upon him, or within such extended time as may be allowed by the Supreme Court, and shall lodge a copy of the notice of intention to contest the appeal with the Registrar of the Supreme Court at latest upon the day after the last service of such notice.

23. (1) The following provisions shall apply to appeals to the Supreme Court on questions of law under the Electoral Act, 1963 , and the Local Government (Petitions and Disqualifications) Act, 1974.

(2) Every such appeal shall be by notice of appeal in accordance with rule 1; and such notice of appeal shall be served within twenty-one days from the date on which the judgment or order appealed from was pronounced in open Court and shall be lodged with the Registrar of the Supreme Court forthwith.

(3) It shall be the duty of the Registrar of the Supreme Court to apply to the County Registrar or other proper officer for a signed copy of the note made by the Circuit Judge of any question of law raised before him and of the facts in evidence in relation thereto, and of his decision thereon and on the question or matter submitted to him. Such copy shall be supplied for the use of the Supreme Court and shall be used and received at the hearing of the appeal. The Registrar of the Supreme Court shall further apply to such County Registrar or other proper officer for the transmission to him for the use of the Supreme Court of a file of all documents and papers relating to the case. If such note as aforesaid cannot be produced, the Supreme Court shall have power to hear and determine the appeal upon any other evidence or statement of what occurred before the Circuit Court judges which the Supreme Court may deem sufficient.

(4) Subject to the provisions of this rule, this Order shall, so far as practicable, apply to appeals under the said Acts.

(5) The Registrar of the Supreme Court shall give notice to the appropriate registration authority of the order made by the Supreme Court finally determining any appeal in the Form No. 7 or No. 8, as the case may be, in Appendix V.

ORDER 59. CASES STATED FOR THE SUPREME COURT.

1. In this Order:

"the Act" means the Courts of Justice Act, 1936 , (No. 48 of 1936).

"County Registrar" includes any deputy County Registrar and any person appointed to act as such Registrar or deputy, and also, where the context permits, any person appointed to act as Registrar to the High Court on Circuit.

2. (1) This rule shall apply to a case stated by the Court under the provisions of Part IV of the Act, and to a case stated by a Circuit Court Judge under the provisions of the Courts of Justice Act, 1947 section 16.

(2) In the case of a case stated by the High Court on Circuit, or by a Circuit Court Judge, the County Registrar, and in the case of a case stated by the High Court sitting in Dublin, the Registrar of such Court, as soon as the case stated shall have been signed and lodged with such County Registrar or Registrar, as the case may be, shall indorse thereon the date of lodgment, the name of the party or parties who applied for the case to be stated, the name of the party who is to have carriage thereof, and the names and addresses of the solicitors (if any) for the several parties. Such County Registrar or Registrar as the case may be, within seven days of such lodgment, shall serve notice of such signing and lodgment by registered post on every party who appeared upon the hearing of the appeal or matter in respect of which the case is stated and shall transmit the original of such case stated to the Registrar of the Supreme Court, who shall set down the same for hearing and as soon as the necessary papers are in order and ready, it shall come on to be heard according to its order in the list unless the Supreme Court shall otherwise direct.

(3) After service of such notice of signing and lodgment any interested party shall be entitled to obtain, on application to the Registrar of the Supreme Court, one or more copies of the case stated upon payment of the prescribed fee.

(4) The party having carriage of the case stated, shall within twenty-one days after the service of such notice of signing and logment, lodge with the Registrar of the Supreme Court five copies of the case stated, and of the documents (if any) referred to therein.

3. The provisions of rule 2 shall apply, with any necessary modifications, to every case which shall be stated for the opinion of the Supreme Court pursuant to the provisions of any statute for the time being in force and for which no other procedure is laid down in these Rules.

4. In the case of a case stated under Article 40 of the Constitution, the case shall be signed on behalf of the High Court by the Registrar, and such Court may direct which party is to have carriage thereof. When the case stated is signed the Registrar shall serve notice by registered post on every party to the proceedings in which such case shall have been stated, and shall forthwith transmit the case stated to the Registrar of the Supreme Court. Every such party shall thereupon be entitled to receive from the Registrar of the Supreme Court, on payment of the prescribed fee, one or more copies of the case stated. The party having carriage shall lodge with the Registrar of the Supreme Court as soon as may be, five copies of the case stated, and on lodgment thereof the case shall be set down for hearing at such time as the Supreme Court shall direct.

5. If the Supreme Court is of opinion that the law, the validity of which has been questioned, is invalid having regard to the provisions of the Constitution, that Court shall forthwith order the release of the person detained in accordance with such law.

6. If the Supreme Court is of opinion that such law is not invalid having regard to the provisions of the Constitution, that Court shall so answer the question raised for its determination in the case stated, and remit the case to the High Court to be dealt with according to law.

ORDER 60. RIGHT OF ATTORNEY GENERAL NOTICE TO CONSTITUTIONAL ISSUES.

1. If any question as to the validity of any law, having regard to the provisions of the Constitution, shall arise in any action or matter the party having carriage of the proceedings shall forthwith serve notice upon the Attorney General, if he is not already a party.

2. If any question as to the interpretation of the Constitution, other than a question referred to in rule 1, shall arise in any action or matter, the party having carriage of the proceedings shall, if the Court so directs, serve notice upon the Attorney General.

3. Such notice shall state concisely the nature of the proceedings in which the question or dispute arises and the contention or respective contentions of the party or parties to the proceedings.

4. The Attorney General shall thereupon be entitled to appear in the act ion or matter and become a party thereto as regards the question which arises.

ORDER 61. APPEALS FROM THE CIRCUIT COURT.

1. In this Order:

"the Act" means the Courts of Justice Act, 1936 :

"County Registrar" includes any deputy County Registrar and any person appointed to act as such Registrar or deputy and also where the context permits, any person appointed to act as Registrar to the High Court on Circuit.

2. Every appeal under Part IV of the Act shall be by notice of appeal which shall be served on every party directly affected by the appeal within ten days from the date on which the judgment or order appealed from was pronounced in open court. The notice shall state whether the whole or part only of such judgment or order is appealed from and in the latter case shall specify such part. The notice shall, in the case of appeals to the High Court sitting in Dublin, be for the first opportunity after the expiration of ten days from the date of service, and, in the case of appeals to the High Court on Circuit, be for the next sitting of the High Court on Circuit after the expiration of the said ten days. Such notice of appeal shall be either in the Form No. 1 or the Form No. 2 (as the case may be) in Appendix I.

3. The appellant shall, within the said period of ten days from the date on which the judgment or order appealed from was pronounced,

( a ) in the case of appeals to the High Court sitting in Dublin lodge two copies of the notice of appeal,

( b ) in any other case one copy of the notice of appeal, indorsed with the date of service together with an affidavit of service with the County Registrar of the County in which the case was heard, and shall, before the day named for the hearing of the appeal, lodge an attested copy of the judgment or order appealed from with the said County Registrar, together with, in the case of any action or matter at the hearing or for the determination of which no oral evidence was given, a copy of all documents and exhibits received in evidence or used upon the said hearing or determination.

4. In the case of appeals to the High Court sitting in Dublin, the County Registrar shall—

( a ) indorse on the two copies of the notice of appeal the date of lodgment thereof and shall, within four days of the said date, transmit to the Central Office one of the said copies,

( b ) transmit to the Central Office, as soon as may be after he has received the same, a certified copy of the judgment or order appealed from, and

( c ) in the case of any action or matter at the hearing or for the determination of which no oral evidence was given, the copy documents and exhibits and the affidavits (if any) lodged with him.

5. It shall not in any circumstances be necessary for a party served with notice of appeal to lodge or serve a notice by way of cross-appeal, but, if such party intends upon the hearing of the appeal to apply that the judgment or order appealed from shall be varied, he shall, within four days from such service upon him, give notice of such intention to any party who may be directly affected by such application.

6. An appeal shall not operate as a stay of proceedings upon the judgment or order appealed from unless the Circuit Judge or, upon appeal, the High Court sitting in Dublin shall so order and then only upon such terms (if any) as the Circuit Judge or the High Court sitting in Dublin (as the case may be) may fix. Such appeal shall be by notice of motion served on all parties affected by the application and lodged with the County Registrar within four days of the application to the Circuit Judge. The County Registrar shall within two days of lodgment thereof transmit the said notice of motion to the Central Office.

7. In the case of any appeal, if the appellant shall, before the day for hearing of the appeal, give notice in writing, to every party served with notice of appeal and to the County Registrar that he does not intend to prosecute the appeal, there shall only be payable by the appellant the costs properly and necessarily incurred prior to the date of service of such notice in writing.

8. Where any party desires to submit fresh evidence upon the hearing of an appeal in any action or matter at the hearing or for the determination of which no oral evidence was given, he shall serve and lodge an affidavit setting out the nature of the evidence and the reasons why it was not submitted to the Circuit Court. Any party on whom such affidavit has been served shall be entitled to serve and lodge an answering affidavit or to apply to the Court on the hearing of the appeal for leave to submit such evidence, oral or otherwise, as may be necessary for the purpose of answering such fresh evidence, provided, however, that the Court may at any time admit fresh evidence, oral or otherwise on such terms as the Court shall think fit, and may order the attendance for cross-examination of the deponent in any affidavit used in the Circuit Court or the High Court.

9. The notice of appeal from the refusal of an ex parte application shall be a two days' notice, and it shall not be necessary to serve any person.

10. Where a defendant desires to contest as respondent in pursuance of the Civil Liability Act, 1961 , section 32 (3), an appeal brought by a co-defendant, he shall serve notice of his intention to do so in the Form No. 30 in Appendix C upon such co-defendant and the plaintiff and upon any other party directly affected thereby, within seven days from the date on which the notice of appeal was served upon him, or within such extended time as may be allowed by the Court, and shall lodge a copy of the notice of intention to contest the appeal with the County Registrar at latest upon the day after the last service of such notice.

11. Every judgment or order of the High Court on Circuit shall be drawn up and signed by the County Registrar, and every judgment or order of the High Court sitting in Dublin shall be drawn up and signed by the Registrar of such Court, who shall transmit a copy thereof to the County Registrar of the appropriate county. Every judgment or order of the Court shall state whether it is made with or without costs and the sum (if any) payable for costs, including witnesses' expenses, shall be inserted therein, except in such cases as the Court may refer such costs and expenses for taxation.

12. The costs of appeals, when referred for taxation, shall be taxed by the County Registrar of the appropriate county (who shall for this purpose have all the powers of a Taxing Master). Such costs shall, subject to any special direction by the Court, be taxed on the scale applicable to an action or matter commenced or heard in the Circuit Court, with the addition of necessary outlay and the items set out in Appendix W., Part V. Any application for the review of a taxation effected under this rule shall be by notice of motion to the High Court sitting in Dublin served on all parties affected by the application and lodged in the Central Office within ten days from the date of the certificate of taxation. The notice of motion shall specify the items or parts thereof objected to and the grounds and reasons for such objection and a copy thereof shall be transmitted forthwith from the Central Office to the County Registrar for his report or observation thereon. In the taxation of costs under this rule, the County Registrar shall have regard to the costs allowed or allowable in respect of the hearing of the case in the Circuit Court.

13. Where, under this Order, any document is required or authorised to be lodged with the County Registrar, or any notice is required or authorised to be given to the County Registrar, the same may be lodged or given by leaving the document or notice with the county Registrar or by forwarding the same by pre-paid registered post to the County Registrar and, in such latter case, the date of lodgment or receipt shall be the day of the act ual receipt of the document or notice by the County Registrar.

14. Whenever the party to be served with a notice of appeal or other notice or document has appeared by a solicitor at the hearing of the suit or matter on the occasion of making the judgment or order appealed from, all notices and other documents to be served on such party shall be served on the solicitor by whom such party so appeared, and such service shall be effected by leaving them at the office of such solicitor.

15. The mode of effecting service of any notice of appeal, or other notice or document, on a party who shall not have appeared by a solicitor as aforesaid, shall be by serving it personally on such party, or by leaving it at the residence of such party, with a clerk, servant, wife or child, or other person therein over the age of sixteen years, or by posting it in a registered letter addressed to such party at his last known residence.

16. In case the mode of service aforesaid shall not be reasonably possible the Court shall have power to deem any other service sufficient.

17. When it shall be necessary to prove such service it may be proved by affidavit of the person effecting such service or otherwise as the Court shall direct.

18. A subpoena ad testificandum or duces tecum at the High Court on Circuit may be sued out either in the Central Office or in the office of the County Registrar of the County in which the case was heard.

19. Where a subpoena is sued out in the office of the County Registrar under rule 18, the subpoena shall issue out of that office and be sealed with the seal of the Circuit Court for the County in which the case was heard and be signed by the County Registrar; and every subpoena so issued, sealed and signed shall have the same force and effect as if it had been issued out of the Central Office.

20. Every judgment or order of the High Court on Circuit and of the High Court sitting in Dublin may (unless the Court shall otherwise direct) be enforced by execution order issued by the Circuit Court in accordance with the Rules of the Circuit Court for the time being in force as if it were a judgment or order of the Circuit Court.

ORDER 62. CASES STATED FOR THE HIGH COURT.

1. Every case stated by a Justice of the District Court under the Summary Jurisdiction Act, 1857 (20 and 21 Vic. c. 43) shall be transmitted to the Central Office by the party requesting the case within three days after receiving such case.

2. Every special case stated by an arbitrator or umpire under the Arbitration Act, 1954 , or under any other statute shall be transmitted to the Central Office by the party requesting the case within fourteen days after receiving such case from the arbitrator or umpire, or if there shall be no such party, or he shall make default in doing so, then the arbitrator or umpire or any party to the proceedings may transmit the same to the Central Office.

3. Where any other case is stated for determination by the Court, the case may be transmitted to the Central Office by the person or tribunal stating the same or by any party to the proceedings in or in relation to which the case is stated.

4. Any case may be transmitted to the Central Office by delivering the same to the proper officer, and upon receipt thereof the proper officer shall forthwith file the same and set it down for hearing; but it shall not appear in the list for hearing until the expiration of ten days after it shall have been so received.

5. immediately before transmitting the case to the Central Office, the person transmitting the same shall give notice thereof to every other party to the proceedings in or in relation to which the case is stated.

6. At the time when the case is transmitted to the Central Office or within ten days thereafter, the party transmitting the same shall lodge with the proper officer one copy, or such further number of copies as may be required for the use of the Court, of the case stated and of the documents (if any) referred to therein.

7. Any party to the proceedings shall be entitled to obtain, on application to the proper officer and upon payment of the prescribed fee, one or more copies of the case stated or of the documents (if any) referred to therein.

ORDER 63. THE MASTER OF THE HIGH COURT.

1. In addition to any orders which the Master may make under any other of these Rules the Master may make any of the following orders:—

(1) Any side-bar order other than those mentioned in Order 30 (17) and (18).

(2) Any order which may be made as of course.

(3) An order for the appointment of a guardian ad litem of an infant or person of unsound mind not so found.

(4) An order for a statement of the names of persons who may be co-partners in any firm suing or being sued in an action or matter.

(5) An order for enlargement of the time for doing any act or taking any step in an action or matter.

(6) An order for discovery, limited or general, or inspection of documents or real or personal property, or delivery of interrogatories.

(7) An order for the appointment or the discharge of a receiver in uncontested applications.

(8) An order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery or to answer interrogatories.

(9) An order to strike out a defence with costs for failure to make an affidavit of discovery or to answer interrogatories.

(10) An order for the taking of evidence on commission.

(11) An order on an application for directions as to service in case of an originating summons not inter partes or as to other procedure in any action or matter.

(12) An order adding or substituting a party in any proceeding.

(13) An order giving liberty to intervene and appear.

(14) An order for the amendment of pleadings on consent

(15) An order for the correction of clerical errors or errors in the names of parties in any proceeding, whether on consent or not, but subject to re-service when not on consent.

(16) An order to receive a consent and make the same a rule of Court where the parties are sui juris.

(17) An order under the Bankers Books Evidence Acts, 1879 and 1959.

(18) An order for the payment out of Court of funds standing to the credit of an infant on attaining majority, or (if so authorised by order of a Judge) for his benefit during minority.

(19) An order in uncontested cases to have an account taken or inquiry made.

(20) An order for the issue, for service outside the jurisdiction, of a citation to see proceedings in contentious probate matters.

(21) An order for the issue of a citation to lodge in Court a grant of probate or letters of administration.

(22) An order giving liberty to file a supplemental affidavit of scripts.

(23) An order for the lodgment of scripts by any party.

(24) An order appointing a receiver in place of a receiver who has died or been discharged, including any necessary consequential directions as to the accounts of the deceased or discharged receiver.

(25) A stop order on moneys or securities in Court.

(26) An order for the issue of a subpoena under Order 39, rule 30.

(27) An order for the issue of a citation in matrimonial causes or matters.

(28) A seven day order for payment of costs or lodgment of security on a certificate or report from the Taxing Master in matrimonial causes or matters.

(29) An order to vacate a lis pendens on the application of the person who registered the same.

(30) An order under Order 33, rule 1, on consent, settling the issues to be tried.

(31) An order giving liberty to issue execution in the name of or against the legal personal representative of a deceased party.

(32) An order giving liberty to renew an order of fieri facias after the lapse of one year, or to issue a new order of fieri facias on loss of the original.

(33) An order for transfer of proceedings to the Circuit Court or to the District Court on consent of the parties, including all ancillary orders for the transfer of monies lodged in Court.

(34) An order giving liberty to serve a third party notice on consent of the plaintiff.

2. The Master may in any case, either on consent of all parties concerned or by order of the Court, assess any damages to which a party is entitled, or take any account.

3. The Master may, with the consent of all parties concerned, try any issue of fact.

4. The Orders mentioned at (1), (2), (3), (4), (11), (15), (16), (17), (18), (20), (21), (25), (26) and (27) in rule 1 may be made on an application ex parte. All other orders above mentioned may be made on application by motion on notice, save where any other rule otherwise requires. Not less than two clear days' notice of such motion shall be given.

5. In any cases in which the Master may make an order he may also make any supplementary or ancillary order and may give any necessary directions.

6. In any case in which the Master may make an order the costs of the application shall be in the discretion of the Master, who may direct payment of a sum in gross in lieu of payment of costs to be taxed.

7. The Master may in his discretion transfer any case to the Court lists for hearing.

8. The Master shall for the purpose of any proceedings before him have full power to summon parties and witnesses, to administer oaths, to require the production of documents, to take affidavits, affirmations and acknowledgments, and examine parties and witnesses either upon interrogatories or viva voce. Parties and witnesses summoned to attend before the Master shall be bound to attend and shall be liable to process of contempt in like manner as parties and witnesses are liable thereto in case of disobedience to any order of the Court.

9. Any party aggrieved by an order, including an order as to costs, made by the Master may, within six days from the perfecting of the same, or if made ex parte from notice of the same, or in the case of a refusal from the date of such refusal, apply to the Court to discharge such order or to make the order refused.

10. Any order which may be made by the Master may be made by a Deputy Master.

11. Counsel may be heard in any case before the Master, but the costs of such counsel shall not be allowed unless certified for by the Master.

ORDER 64. ADMIRALTY

1. In these Rules, the expression "admiralty action" means any proceeding for the determination of any of the following claims or questions:—

( a ) a claim or question in respect of which the High Court of Admiralty in Ireland formerly had jurisdiction;

( b ) a claim for the sale of a ship or any share therein;

( c ) a claim to prohibit any dealing with a ship or any share therein;

( d ) a claim in respect of a mortgage of, or charge on, a ship or any share therein;

( e ) a claim arising out of bottomry;

( f ) a claim for the forfeiture of any ship or her tackle, apparel or furniture, or the restoration thereof after seizure, or for costs or damages in respect of the seizure or detention thereof;

( g ) a claim in the nature, or arising out, of pilotage;

( h ) a claim arising out of a general average act.

2. An originating summons in an admiralty action shall be in one of the Forms Nos. 1, 2 and 3 in Appendix J; and the other forms in that Appendix shall, when applicable, be used in admiralty proceedings.

3. Procedure by special summons may be adopted in the following classes of claims:

( a ) a claim by a mortgagee of a ship or any share therein for the sale thereof or otherwise to enforce his security, or by a mortgagor for redemption thereof;

( b ) a claim for the sale of a ship or any share therein in pursuance of the Mercantile Marine Act, 1955 , section 47.

4. Procedure by special summons may be adopted by consent of all parties in any admiralty proceedings not coming within any of the classes in rule 3.

5. Proceedings in admiralty shall be heard by such Judge (in this order referred to as "the Judge") as the President of the High Court may from to time assign to hear the same.

6. In admiralty actions in rem a warrant for the arrest of property which shall be in the Form No. 8 in Appendix J may be issued by the Master at the instance either of the plaintiff or of the defendant at any time after the summons is issued, but subject to the provisions of rule 7 no warrant of arrest shall be issued until an affidavit by the party or his agent has been filed and the following provisions complied with:

( a ) the affidavit shall state the name and description of the party at whose instance the warrant is to be issued the nature of the claim or counterclaim, the name and nature of the property to be arrested, and that the claim or counterclaim has not been satisfied;

( b ) in an action of wages or possession the affidavit shall state the national character of the vessel proceeded against, and, if against a foreign vessel, that notice of the commencement of the act ion has been given to the Consul or other representative of the State to which the vessel belongs, if there be one resident in Dublin, and a copy of the notice shall be annexed to the affidavit;

( c ) in an action of bottomry the bottomry bond and, if in a foreign language also a notarial translation thereof shall be produced for the inspection and perusal of the Master, and a copy of the bond, or of the translation thereof, certified to be correct, shall be annexed to the affidavit;

( d ) in an action of distribution of salvage, the affidavit shall state the amount of salvage money awarded or agreed to be accepted and the name, address and description of the person holding the same;

( e ) the lodging of an undertaking in writing by the solicitor who applies for the issue of the warrant to pay the fees and expenses of the officer executing the warrant.

7. The Judge may in any case allow the warrant referred to in rule 6 to issue although the affidavit therein mentioned may not contain all the required particulars, In an action of wages the Judge may waive the service of the notice, and in an action of bottomry the production of the bond.

8. In admiralty actions in rem no service of the summons or warrant shall be required where the solicitor of the defendant agrees to accept service and undertakes in writing to enter an appearance and to put in bail or to pay money into court in lieu of bail.

9. In admiralty actions in rem the warrant of arrest shall be served by the Admiralty Marshal or his substitutes, and the warrant shall, after service thereof, be filed in the Central Office.

10. In admiralty actions in rem service of a summons or warrant against ship freight or cargo on board is to be effected by nailing or affixing the original summons or warrant for a short time on the main mast or on the single mast of the vessel or other conspicuous part thereof, and, on taking off the summons or warrant, leaving a true copy thereof nailed or affixed in its place.

11. If the cargo has been landed or transhipped, service of the summons or warrant to arrest the cargo and freight shall be affected by placing the summons or warrant for a short time on the cargo, and on taking off the summons or warrant, by leaving a true copy thereof upon it.

12. If the cargo be in the custody of a person who will not permit access to it, service of the summons or warrant may be made upon such person.

13. In an admiralty action in rem, a solicitor not entering an appearance or putting in bail or paying money into the Court in lieu of bail in pursuance of his written undertaking so to do, shall be liable to an attachment.

14. In an admiralty action in rem any person not named in the summons may intervene and appear on filing an affidavit showing that he is interested in the res under arrest or in the fund in Court.

15. In admiralty actions in rem bail may be taken in the Central Office or before a commissioner appointed to take bail in admiralty or a commissioner appointed to administer oaths and in every case the sureties shall justify.

16. A bail bond shall not unless by consent be filed until after the expiration of twenty-four hours from the time when a notice containing the names and addresses of the proposed sureties and of the commissioner (if any) before whom the bail was taken shall have been served upon the adverse party or his solicitor and a copy of the notice verified by affidavit shall be filed with the bail bond.

17. An objection to a surety shall be made by serving a notice of the objection on the adverse party or his solicitor and lodging a copy thereof in the Central Office, and shall be decided by the Judge on a motion on notice by the party tendering the bail.

18. Property arrested in admiralty proceedings by warrant shall only be released under the authority of an order of the Master.

19. A party at whose instance property has been arrested may before an appearance has been entered obtain an order for the release thereof by filing a notice that he withdraws the warrant.

20. A party may obtain an order for the release of any property by paying into Court the sum in respect of which the act ion has been commenced and a sum for costs to be fixed by the Master.

21. Cargo arrested for freight only may be released by filing an affidavit as to the value of the freight, and by paying the amount of the freight and a sum for costs to be fixed by the Master into Court or by satisfying the Judge that the amount of the freight has already been paid.

22. In an action of salvage the value of the property under arrest shall be agreed on, or an affidavit of value filed before the property is released, unless the Judge shall otherwise order.

23. A party desiring to prevent the release of any property under arrest shall file in the Central Office a notice in the Form No. 14 in Appendix J and thereupon a caveat against the release of the property shall be entered in the book to be kept in the Central Office called the "Caveat Release Book."

24. A solicitor who shall have filed a bail bond in the sum in respect of which the act ion has been commenced and a sum for costs to be fixed by the Master, or paid such sums into Court, and, if the act ion be one of salvage, shall have also filed an affidavit as to the value of the property arrested, shall be entitled to a release for the same, unless there be a caveat against the release thereof outstanding in the "Caveat Release Book."

25. The release when obtained shall be left with a notice in the proper office by the solicitor taking out the same, who shall also at the same time pay all costs, charges, and expenses attending the care and custody of the property whilst under arrest, and the property shall thereupon be released.

26. A party delaying the release of any property by the entry of a caveat shall be liable to be condemned in costs and damages unless he shall show to the satisfaction of the Judge good and sufficient reason for having so done.

27. A party desiring to prevent the arrest of any property may cause a caveat against the issue of a warrant for the arrest thereof to be entered in the Central Office.

28. For the purpose of rule 27 the party shall cause to be filed in the Central Office a notice signed by himself or his solicitor undertaking to enter an appearance in any action that may be commenced against the said property and to give bail in such action in a sum not exceeding an amount to be stated in the notice, or pay such sum into Court. Such notice shall contain an address for service of the party or the registered place of business of the solicitor filing the same. A caveat against the issue of a warrant for the arrest of the property shall thereupon be entered in a book to be kept in the Central Office called the "Caveat Warrant Book."

29. A party commencing an action against any property in respect of which a caveat has been entered in the "Caveat Warrant Book" shall forthwith serve a copy of the summons upon the party on whose behalf the caveat has been entered or upon his solicitor.

30. Within twelve days from the service of the summons or copy thereof, the party on whose behalf the caveat has been entered shall, if the sum in respect of which the act ion is commenced together with the sum for costs hereinafter mentioned does not exceed the amount for which he has undertaken, give bail in such sum and a sum for costs to be fixed by the Master, or pay the same into Court, and in default thereof the plaintiff may proceed with the act ion by default.

31. If when the act ion comes before the Judge he is satisfied that the claim is well founded, he may pronounce for the amount which appears to him to be due, and the payment thereof may be enforced by attachment against the party on whose behalf the caveat has been entered and by the arrest of the property if it then be or thereafter come within the jurisdiction of the Court.

32. Nothing in this Order shall prevent a party from taking out a warrant for the arrest of any property notwithstanding the entry of a caveat in the "Caveat Warrant Book," but such party shall be liable to have the warrant discharged and to be condemned in costs and damages unless he shall show to the satisfaction of the Judge good and sufficient reason for having so done.

33. No commissioner shall take bail on behalf of any person for whom he or any person in partnership with him is acting as solicitor or agent.

34. In admiralty actions in rem, in case the defendant does not appear within the time limited for appearance, upon the filing by the plaintiff of a proper affidavit of service the act ion may proceed as if such defendant had appeared.

35. In admiralty actions in rem upon default of appearance, if when the act ion comes before him, the Judge is satisfied that the plaintiff's claim is well founded, he may pronounce for the claim with or without reference to a Judge or the Master, and may at the same time order the property to be appraised and sold with or without previous notice, and the proceeds paid into Court, or may make such order as he shall think just.

36. (1) In actions for damage by collision between vessels, unless the Judge shall otherwise order, the plaintiff shall, within seven days after the commencement of the act ion, and the defendant shall within seven days after appearance, and before any pleading is delivered, file with the proper officer of the Central Office a document to be called a preliminary act, which shall be sealed up and shall not be opened until ordered by the Judge, and which shall contain a statement of the following particulars:—

(a) the names of the vessels which came into collision and the names of their masters;

(b) the time of the collision;

(c) the place of the collision;

(d) the direction and force of the wind;

(e) the state of the weather;

(f) the state and force of the tide;

(g) the course and speed of the vessel when the other was first seen;

(h) the lights, if any, carried by her;

(i) the distance and bearing of the other vessel when first seen;

(k) the lights, if any, of the other vessel which were first seen;

(l) whether any lights of the other vessel, other than those first seen, came into view before the collision;

(m) what measures were taken, and when, to avoid the collision;

(n) the parts of each vessel which first came into contact;

(o) the sound signals (if any) which were given and when given;

(p) the sound signals (if any) which were heard from the other vessel, and when heard.

(2) The Judge may order the preliminary act to be opened and the evidence to be taken thereon without its first being necessary to deliver any pleadings; but in such case, if either party intends to rely on the defence of compulsory pilotage, he may do so, and shall give notice thereof in writing to the other party, within two days from the opening of the prelimary act.

37. At any stage in an admiralty action after appearance by the defendant, either party may apply to the Judge by motion grounded on affidavit for an order that the act ion shall proceed on any question or issue settled before the Judge and with or without pleading or further pleading.

38. When the Judge shall allow the application under rule 37, he shall at the same time order the delivery of such particulars and give such directions and make such further or other orders as he may think fit.

39. When particulars shall have been ordered as mentioned in rule 38, no matter of law or fact not disclosed by the particulars delivered shall be relied on by way of claim or defence without leave of the Judge.

40. Where the defendant in an original action of damage by collision counterclaims for damage sustained by him in respect of the same collision, if in the original action the ship of the defendant has been arrested or security given by him to answer judgment and in the counterclaim the ship of the plaintiff in the original action cannot be arrested and security has not been given to answer judgment therein the Judge may suspend the proceedings in the original action until security has been given to answer judgment in the counterclaim.

41. Money paid into Court in an admiralty action shall not be paid out of Court except in pursuance of an order of the Judge.

42. A party desiring to prevent the payment of money out of Court in an admiralty action shall file a notice in duplicate in the Form No. 16 in Appendix J and thereupon a caveat shall be entered in a book to be kept in the Central Office to be called the "Caveat Payment Book," and the duplicate shall be transmitted to the Accountant for noting.

43. The Judge may appoint assessors in any admiralty action either at the instance of any party or in case he shall deem it requisite for the due administration of justice.

44. Each assessor shall be paid such sum as may be fixed by the Judge for each day on which he shall attend, and the fees of each assessor shall be paid by the party for whom or in whose favour judgment shall be given, and shall be costs in the cause; but when damages are divided such fees shall be paid by the parties equally.

45. In an admiralty action the Judge or the Master may in such way as the Judge may think fit, obtain the assistance of accountants, merchants, engineers, actuaries, and other scientific persons, the better to enable any matter at once to be determined, and may act on the certificate of such persons.

46. (1) This rule shall apply to a reference by the Judge to the Master, whether the reference be to the Master alone or to the Master assisted by one or more merchants or other persons.

(2) Within twelve days from the day when the order for the reference is made, the claimant shall file the claim and affidavits and deliver copies thereof to the adverse party or his solicitor, who within twelve days from the day when the claim and affidavits are filed shall file his counter-affidavits (if any) and give notice of his having done so, with copies thereof, to the claimant or his solicitor.

(3) From the service of notice of filing of the counter-affidavits and delivering copies thereof, whichever shall last occur, six days only shall be allowed for filing and delivering copies of any further affidavits by either party save by order of the Master. Notice of the filing of any such further affidavit must be given by the party filing the same to the adverse party or his solicitor.

(4) Within three days from the expiration of the time allowed for filing the last affidavit, the claimant shall file in the Central Office a notice praying to have the reference placed in the list for hearing, and if he shall not do so, the adverse party may apply to the Judge to have the claim dismissed with costs.

(5) Witnesses may be produced before the Master for examination, and the evidence shall be taken down at the time by the Master, or on the application of either party, by a shorthand writer.

(6) Counsel may attend the hearing of any reference, but the expenses attending the employment of counsel shall not be allowed on taxation unless the Master shall be of opinion that the attendance of counsel was necessary.

(7) The Master may certify whether any, and what part, of the costs of the reference should be allowed, and to whom.

(8) The arrangement and regulation of the course of proceeding under each reference shall be wholly subject to the control and direction of the Master.

(9) The result of the inquiry before the Master shall be stated in a certificate signed by him, and such certificate when settled shall be engrossed, and when signed shall be filed, and thereupon such certificate shall stand confirmed unless within four days after the filing thereof a notice of motion be served to set aside or vary the same.

(10) Every such notice of motion shall specify the grounds on which it is intended to apply to set aside or vary such certificate.

(11) Where a certificate of the Master shall stand confirmed under sub-rule (9), or shall on such motion as therein mentioned be confirmed, final judgment may forthwith be entered accordingly.

47. The provisions of rule 46 shall also apply mutatis mutandis in cases where a reference is made to a Judge, and in such cases the rule shall be construed as if "Judge" were substituted therein for "Master".

48. In an admiralty action all or any part of the evidence may if so ordered be given by affidavit. Such affidavits shall not be printed without special order of the Judge.

49. Every commission for the appraisement or sale of property in admiralty proceedings shall, unless the Judge shall otherwise direct, be executed by the Admiralty Marshal or his substitutes; and a party or his solicitor taking out such a commission shall file an undertaking to pay the fees and expenses of the Marshal, if demanded.

50. The Admiralty Marshal shall forthwith pay into Court the gross proceeds of sale of any property which shall have been sold by him and shall at the conclusion of the sale bring into the Central Office the account of sale with vouchers in support thereof for taxation by the Master.

51. Any person interested in the proceeds of sale may be heard before the Master on the taxation of the Admiralty Marshal's account of expenses, and an objection to the taxation shall be heard in the same manner as an objection to the taxation of a solicitor's bill of costs.

52. In admiralty proceedings any agreement in writing between the parties signed by the parties or their solicitors may, if the Master thinks it reasonable and such as the Judge would under the circumstances allow, be filed and shall thereupon become an order of Court.

53. The Judge shall have power at any stage of an admiralty action to direct an early trial, and for such purpose the Judge shall have power to dispense with or abridge the time or times appointed by these Rules for the delivery of pleadings, or for doing any act upon such terms (if any) as the nature of the case requires.

54. The delays required by this Order with respect to the taking of bail in admiralty may be dispensed with by consent in writing of the parties or their solicitors.

55. In admiralty proceedings a caveat, whether against the issue of a warrant, the release of property, or the payment of money out of Court, shall not remain in force for more than six months from the date thereof.

56. In an admiralty action every instrument under the seal of the High Court shall be issued on a notice filed by the parties applying for the same and shall bear the date of issue.

57. Every such instrument shall be served within twelve months after the date of issue; otherwise the service thereof shall not be valid.

58. No such instrument except a warrant shall be served on a Sunday, Good Friday, or Christmas Day.

59. Every warrant or other instrument required to be executed or served by the Admiralty Marshal shall be left by the solicitor taking out the same in the Central Office with a notice in the Form No. 7 or the Form No. 21 in Appendix J, Part II (whichever shall be appropriate).

60. The service of any instrument by the Admiralty Marshal shall be verified by his certificate. Otherwise, the service of any instrument shall be verified by an affidavit.

61. The powers, authorities, duties and functions formerly exercised and performed by the Admiralty Marshal shall be exercised and performed by such officer of the High Court serving in the Central Office (to be described as "the Admiralty Marshal") as the officer having the management of that office shall from time to time direct, and the expression "Admiralty Marshal" shall be construed accordingly.

62. (1) An application for the detention or arrest of a ship pursuant to the Shipowners' Negligence (Remedies) Act, 1905, or the Merchant Shipping (Stevedores and Trimmers) Act, 1911, may be made ex parte but notice of the application shall be given, by post, telegram or otherwise, to the agent of the ship within the jurisdiction or to the solicitor for the owners or master of the ship (if such agent or solicitor be known to the applicant). Provided that the Court to whom the application is made may dispense with such notice where owing to urgency or otherwise it is not practicable to give it.

(2) The Court may before making such an order as aforesaid require the applicant to give an undertaking or security to abide by any order which may thereafter be made for the payment of damages sustained by the owners of, or other person interested in, the ship by reason of its detention or arrest.

(3) The amount of the security to be given in pursuance of any order for the detention or arrest of a ship shall be specified in the order, but may be varied at any time by subsequent order.

(4) The Court may at any time, on good cause shown, rescind any order for detention or arrest, or order the release of the ship.

ORDER 65. MINORS.

1. Proceedings to make a minor a ward of Court shall be commenced by originating summons in the Form No. 19 in Appendix K, which shall be issued out of the Office of Wards of Court, and be impressed with the seal of the High Court (Wards of Court).

2. Every such summons shall be returnable on such day as the Registrar of Wards of Court shall fix, and shall be served on such persons (if any) not less than six days before the return day (exclusive of the day of service) and in such manner as the said Registrar shall direct; but the Court may direct such other persons to be served as it may think fit.

3. There shall be in the Office of Wards of Court a book, to be called a Cause Book, in which all such proceedings shall be entered. Every summons shall be distinguished by the date of the year and a number in consecutive order commencing on the first day of January in each year, and the said date and number shall constitute the record number of the proceeding.

4. The affidavit grounding the summons shall state the following matters:—

(a) the sex, age, condition of health, position in life, and religion of the minor;

(b) where and under whose care the minor is residing;

(c) the nature and amount of the minor's fortune and income, and particulars of any incumbrances affecting the same;

(d) what near relations the minor has, and the residences and descriptions of such relations;

(e) whether the minor has any testamentary guardian, and if so, whether he is willing to act under the Court;

(f) who is the person proposed as guardian of the minor, with full particulars of all matters relevant to his fitness and qualifications and willingness to act;

(g) full particulars of the proposals in relation to the care and maintenance, residence, education and holidays of the minor;

(h) what directions are expedient in relation to the property of the minor;

(i) whether any proceeding is pending relating to any property in which the minor has any interest, and full particulars of such proceedings.

5. The affidavit grounding the summons may be entitled in the matter of an intended application, and may be sworn notwithstanding that the summons has not been issued.

6. All affidavits in minor matters shall be filed in the Office of Wards of Court, and notice of filing shall be given to the parties concerned, who shall be entitled to bespeak copies thereof.

7. Upon attaining full age the former minor shall apply for an order for discharge from wardship and for an inquiry as to the funds in Court or other property to which he is entitled and for a further inquiry as to the demands, if any, against the said property for costs, maintenance or otherwise.

8. Every order in proceedings to which this Order applies shall be issued out of the Office of Wards of Court.

ORDER 66. INFANTS.

I. Evidence of Age.

1. Where an infant sues as plaintiff, a certified extract from the register of births showing the date of his birth shall be produced and proved on his behalf at the trial or hearing or on an application to have a proposed settlement approved by the Court and thereupon the said date shall be noted by the Registrar in the order.

II. Settlements.

2. Upon applications to obtain the sanction of the Court to infants making settlements on marriage under 18 & 19 Vic., c. 43 and 23 & 24 Vic., c. 83, the evidence shall show—

(a) the age of the infant;

(b) whether the infant has any parents or guardians;

(c) with whom or under whose care the infant is living, and, if the infant has no parents or guardians, who are the nearest relations of the infant;

( d ) the position in life of the infant and parents;

( e ) the particulars of the infant's property and fortune;

( f ) the age and position in life of the person to whom the infant is about to be married;

( g ) the property, fortune, and income of such person;

( h ) the fitness of the proposed trustees, and their consent to act.

3. The proposals for the settlement of the property of the infant, and of the person to whom such infant is proposed to be married, shall be submitted to the Court.

ORDER 67. WARDS OF COURT(OTHER THAN MINORS)

I. Preliminary.

1. In this Order:

"the Act" means the Lunacy Regulation (Ireland) Act, 1871;

"the Judge" means the President of the High Court, or the Judge of the High Court by whom the jurisdiction transferred to the High Court by the Courts of Justice Act, 1936 , section 9 (1), is for the time being exercisable;

"the Registrar" means the Registrar of Wards of Court;

" the Office" means the Office of Wards of Court;

"The General Solicitor" means the General Solicitor for minors and wards of Court;

"visitor" means a visitor in lunacy whether a medical, legal or other visitor;

"respondent" means a person alleged to be of unsound mind and incapable of managing his person or property, in respect of whom a petition for inquiry has been presented, or a visitors' report has been directed to stand and be proceeded on as a petition, but who has not been made a ward and includes, where the context so admits, a person in respect of whom an order is sought under section 68, section 70 or section 103 of the Act;

"ward" means a person who has been declared to be of unsound mind and incapable of managing his person or property, and includes where the context so admits, a person in respect of whom or whose property and order has been made under section 68 or section 70 of the Act, and a temporary ward;

"temporary ward" means a person of weak mind and temporarily incapable of managing his affairs in respect of whom an order has been made under section 103 of the Act;

"next-of-kin," when used in relation to a respondent or ward who is living, shall mean and include the person or persons who, if such respondent or ward were then dead intestate, would be entitled to his estate under the Succession Act, 1965 .

The forms respectively referred to are the forms set out in Appendix K which shall be used where applicable.

2. (1) Where any proceedings are initiated under the Act or other jurisdiction in lunacy of the Court in respect of any person alleged to be of unsound mind, or of weak mind, such person shall, in the title of such proceedings and in all forms used therein, be referred to and described as "the respondent" unless and until he shall become a ward.

(2) Where any person has been declared to be of unsound mind and incapable of managing his person or property, or where, under the provisions of section 68 or section 70 of the Act, the Judge has made an order for the purpose of rendering his property or income available for his maintenance or benefit or for carrying on his trade or business, he shall thereafter be referred to as a "ward of Court" in all subsequent proceedings relating to him, and shall be so described in the title of such proceedings and in all forms used therein.

(3) Where, under the provisions of section 103 of the Act the Judge has appointed a guardian of the person and property or of the property of a person of weak mind, such person shall thereafter be referred to as a "temporary ward of Court" in all subsequent proceedings relating to him, and be so described in the title of such proceedings and in all forms used therein.

3. (1) All originating applications to the Judge for the exercise by him of all or any of the powers by the Act or otherwise conferred upon or possessed by him in respect of the persons or property of persons of weak or unsound mind shall, save where otherwise provided by the Act or by this Order, be made by petition to be signed by the petitioner and attested by his solicitor.

(2) All applications to the Judge in an existing matter shall, subject to sub-rule (3) hereof, be made by motion, supported where necessary by affidavit.

(3) Applications in an existing matter for—

( a ) the discharge or modification of a direction in a previous order;

( b ) the lodgment of money in, or the transfer of securities into Court;

( c ) the payment of a sum out of funds in Court to put the committee of the estate of a ward in funds or to discharge costs or other debts of the ward;

( d ) the removal of the ward from one place of residence or detention to another;

( e ) the appointment of a new committee on the death or retirement of a committee;

( f ) leave for the committee to change his solicitor;

and such other applications as the Registrar may direct, may be made by filing an unsworn statement and application, but the Registrar may require the applicant to submit further evidence, on affidavit or otherwise, in support of the application. After consideration of the statement and application and further evidence (if any) the Registrar shall either (i) prepare the minutes of the order which he considers ought to be made and submit the application to the Judge in chambers for his order or directions, or (ii) decline to do so, and so inform the applicant, who may thereupon bring the application before the Judge by motion.

(4) Every petition shall be lodged in the Office, and the Registrar shall file the same and, when required, prepare copies for the use of the parties.

II. Proceedings by petition for inquiry, or on report directed to stand as a petition.

4. (1) A petition praying for an inquiry as to the soundness or unsoundness of mind of any person shall state:—

( a ) the name, religion, age and description of the respondent and whether he is married or not;

( b ) the names, religion, descriptions and residences of his next-of-kin and of the person or persons in whose house or under whose care he is for the time being, or has been for the preceding twelve months, residing (as far as the petitioner can ascertain);

( c ) the nature and amount of his property and his debts;

( d ) the name, religion, address and description of the petitioner, and his authority for presenting the petition;

(2) the petition shall also contain an undertaking by the petitioner that he will, in case the petition is dismissed or not proceeded with, pay the costs or expenses of any visitation of the respondent or otherwise incident to the inquiry before the Court.

(3) the petition shall be supported by the affidavits of two registered medical practitioners and shall be verified by affidavit of the petitioner.

(4) The petition may be in the Form No. 2, and the affidavit of the petitioner may be in the Form No. 3.

(5) The Registrar shall cause to be prepared attested copies of the petition for the purpose of service upon the respondent.

5. The Registrar shall submit to the Judge every petition praying for an inquiry as to the soundness or unsoundness of mind of any person, and every report of a visitor under Section 11 of the Act.

6. When a petition or report shall be submitted to the Judge as aforesaid he may make an order for inquiry and direct whether notice of the petition or report and of the order for inquiry shall be served upon any person in addition to the respondent; and if so upon whom.

7. Notice of every such petition and report and of the order for inquiry shall be given to the respondent in manner and form hereinafter provided, and to such other person as the Judge may direct.

8. The notice to a respondent of the presentation of the petition and order for inquiry shall be by service upon him of an attested copy of the petition with a notice thereon endorsed, signed by the petitioner or his solicitor in the Form No. 4.

9. Notice to a respondent of a report and order under section 12 (or section 22) of the Act shall be in the Form No. 5.

III. Where the inquiry is before a jury.

10. The notice by section 13 of the Act authorised to be given by a respondent demanding a jury may be in the Form No. 6.

11. The notice demanding a jury shall be transmitted by the respondent or his solicitor to the Registrar within seven days of the service upon the respondent of the notice referred to in rule 7.

12. Upon receipt of any such notice the Registrar shall forthwith file the same and set down the petition or report as the case may be for the Judge's directions. If the Judge shall so require the Registrar shall, by letter addressed to the respondent or his solicitor, require the respondent to attend before the Judge for personal examination. Notice in the Form No. 7 that the petition or report has been set down for directions and (if such be the case) that the respondent is required to attend personally before the Judge, shall forthwith be served by the petitioner or his solicitor, or the solicitor having carriage of the report upon the respondent's attesting solicitor. Where the Judge requires the attendance of the respondent the person with whom he is residing shall produce him for personal examination unless a registered medical practitioner shall certify that he is physically unable to attend.

13. Where the Judge directs that the inquiry shall be had and be sped before a jury he may give further directions as to all or any of the matters following, viz., as to the issue of a commission de lunatico inquirendo; as to the time, venue and mode of the inquiry; as to the form of issues to be submitted to the jury; and as to the mode of procedure and general conduct of the inquiry.

14. Where the inquiry is held under a commission de lunatico inquirendo then, subject to any special directions that may be given by the Judge, it shall be conducted in accordance with the practice and procedure heretofore observed upon the holding of an inquiry under such a commission.

15. Where the inquiry is held otherwise than under such a commission, then, subject to any special directions that may be given by the Judge, the inquiry shall be conducted according to the practice and procedure usual upon the trial of an issue of fact by a Judge with a jury. Upon the conclusion of the inquiry the registrar of the court before which the inquiry has been held shall certify the result thereof and transmit his certificate, together with the issue paper and all exhibits and records, to the Registrar of Wards of Court.

16. Where the Judge, notwithstanding the fact that the respondent has not demanded a jury, deems it necessary or expedient that the inquiry should be had before a jury, he shall by order so direct, and thereupon the provisions of rules 13, 14 and 15 shall apply.

IV. Where the inquiry is without a jury.

17. Where the Judge does not direct that the inquiry shall be had before a jury he shall hold the inquiry himself.

18. Where the respondent, without demanding a jury, wishes to object to any inquiry being had, or to any declaration being made that he is of unsound mind and incapable of managing his person or his property, he shall transmit to the Registrar, within seven days of the service upon him of the notice referred to in rule 7, a notice in the Form No. 6.

19. Where the respondent does not demand a jury or where, though he has demanded a jury, the Judge is satisfied by personal examination that he is not mentally competent to form and express a wish for an inquiry before a jury, the Registrar, upon production of attested copies of the affidavits of the due service of the notice of the petition or report, and of the order for inquiry thereon, shall set down the inquiry for hearing by the Judge as soon as practicable after the date of service of the notice upon the last person served therewith.

20. (1) Every inquiry before the Judge without a jury shall unless he otherwise directs, be heard on evidence by affidavit.

(2) All affidavits to be used on the inquiry shall be filed in the Office two clear days before the day for which the petition or report, as the case may be, is set down for hearing before the Judge.

V. Proceedings under sections 68 and 70of the the Act.

21. (1) A petition in pursuance of section 68 of the Act shall state:—

( a ) the name, religion, age and description of the respondent and whether he is married or not;

( b ) the names, religion and residences of his next-of-kin and of the person or persons in whose house or under whose care he is for the time being, or has been for the preceding twelve months, residing (as far as can be acertained by the petitioner);

( c ) the amount and nature of his property and his debts;

( d ) the names and ages of the members of his family who are dependent upon him;

( e ) that his property does not exceed £5,000 in value or that the income thereof does not exceed £300 per annum.

(2) The petition shall be supported by an affidavit or certificate of a registered medical practitioner.

(3) The petition shall be in the Form No. 8.

22. A petition in pursuance of section 70 of the Act shall be in the Form No. 9 and shall, in addition to stating the matters mentioned in rule 21, contain a statement of the verdict or finding as to the insanity of the respondent and as to his being still in confinement. It shall be supported by an affidavit or certificate of a registered medical practitioner as to his continued insanity.

23. The notice to the respondent of the application for an order in pursuance of either of the said sections shall be by service on him personally of an attested copy of the petition with a notice in the Form No. 10 indorsed thereon signed by the petitioner or his solicitor.

24. The respondent may by notice object to any order being made upon the petition. Such notice shall be signed by him and shall be transmitted by him or his solicitor to the Registrar within seven days of the service upon him of the notice referred to in rule 23. Such notice may be in the form No. 14.

25. If it shall appear to the Registrar that the evidence in support of a petition under section 68 of the Act is inconclusive or otherwise unsatisfactory he may obtain the report of one of the medical visitors for submission to the Judge.

26. Where the respondent shall by notice as aforesaid object to an order being made or where the prayer of the petition shall be opposed by any person having had notice of the same it shall be the duty of the Registrar in case he shall not have already obtained a report of the medical visitor to direct one of the medical visitors to visit the respondent and to report as under section 11 of the Act.

27. As soon as practicable after the expiration of seven days from the service of the notice referred to in rule 23 the Registrar shall submit to the Judge the petition and evidence in support thereof, the affidavit of service referred to in rule 95, the notice of objection (if any) and the medical visitor's report (if any).

28. The Judge may, on consideration of the petition and other documents, make an order thereon, without the attendance of counsel, solicitor, or parties or direct that the petition be set down for hearing or refer the matter to the Registrar to make any particular inquiry respecting any matter to which the petition relates.

29. Where the Judge on the hearing of the petition declares it to be established to his satisfaction that the respondent is of unsound mind and incapable of managing his affairs he may direct the Registrar to inquire and report as to the following matters, viz.:—the nature of the ward's insanity; his property; the amount of his income; what should be allowed for his maintenance, and out of what fund; to whom such allowance should be paid; who should be the committee of his person, and his property; and any other relevant matters; and for the purpose of inquiring as to the ward's state of mind the Registrar may, if he considers it necessary, direct one of the medical visitors to visit the ward and report as to his condition.

30. Where it appears to the Registrar that the property of a person alleged to be of unsound mind does not exceed £5,000 in value, or that the annual income thereof does not exceed £300, and that it is desirable that an order should be made in pursuance of section 68 of the Act in regard thereto, then the following provisions shall apply:—

( a ) an application in pursuance of the said section may be made in such manner as the Registrar shall think fit, and without the presentation of a petition;

( b ) the Registrar shall obtain the report of one of the medical visitors as to the respondent's state of mind;

( c ) if it shall appear from the report that the respondent is of unsound mind and incapable of managing his affairs, the Registrar shall give carriage of the proceedings to the General Solicitor or to such other solicitor as he may think fit, and direct such solicitor to serve notice upon the respondent in the Form No. 11 of the said application and report;

( d ) the respondent may object to any order being made upon the application by notice in the Form No. 14 which shall be signed by him and shall be transmitted to the Registrar by him or his solicitor within seven days of the service on him of the notice referred to in paragraph (c);

( e ) as soon as practicable after the expiration of seven days from the service of the notice referred to in paragraph (c), the Registrar shall submit to the Judge the medical visitor's report, such evidence as may be available as regards the respondent, his property and affairs, the affidavit of service upon him of the said notice and the notice of objection (if any);

( f ) the Judge may, on consideration of the said documents, make an order in pursuance of the said section without the attendance of counsel, solicitor or parties or direct that the application be set down for hearing or refer the matter to the Registrar to make any particular inquiry.

VI. Proceedings under section 103 of the Act.

31. Applications in pursuance of section 103 of the Act shall be made by petition and shall be signed and verified by the petitioner and be attested by a solicitor. The petition shall be accompanied by a fair copy certified by the solicitor as a true copy. The petition shall be in the Form No. 12 and shall state:—

( a ) the name, religion, age and description of the respondent and whether he is married or not;

( b ) the names, descriptions, religion and residences of his next-of-kin;

( c ) the names, descriptions, religion and residences of the person or persons in whose house or under whose care he is for the time being and has been for the preceding month, residing;

( d ) the nature and amount of his property, with the net amount or net estimated value of the corpusthereof, and the clear net income thereof applicable to his maintenance and ordinary expenditure; or in case the same cannot be given precisely, the nearest estimate of approximation thereto which the petitioner can give;

( e ) the nature of the illness or injury whereby the respondent is rendered temporarily incapable of managing his affairs and requires the protection of the Court and the probable duration of such illness, or of the consequences of such injury;

( f ) the reason why it is necessary or expedient for the respondent that an application be made under section 103 of the Act;

( g ) the name, residence, religion, description and occupation of the person whom it is proposed to appoint as the guardian of the person and property of the respondent;

( h ) the name and registered place of business of a solicitor upon whom notices in the matter may be served.

32. The petition shall contain an undertaking on the part of the petitioner that in case the petition is dismissed or not proceeded with, he will pay the costs or expenses of any visitation of the respondent by any visitor prior or incident to the inquiry before the Judge.

33. The petition shall be accompanied by two certificates each signed by a registered medical practitioner to the effect that the respondent is of weak mind and temporarily incapable of managing his affairs. Each certificate shall state the nature of, and the reason for such incapacity and the probable duration thereof.

34. The petition shall be accompanied also by an undertaking in writing signed by the person whom it is proposed to appoint as guardian, to act as such guardian and to execute a bond in such amount as the Registrar shall think fit for the due performance of his duty as such guardian.

35. Notice shall be given to the respondent of the presentation of the petition by the service upon him of an attested copy of the petition with a notice thereon indorsed, signed by the petitioner or his solicitor, in the Form No. 13.

36. The respondent may by notice object to the making of any order appointing a guardian. Such notice must be signed by him, attested by his solicitor, and transmitted to the Registrar within four days of the visit of the medical visitor as provided in rule 37. The notice of objection may be in the Form No. 14.

37. The Registrar shall immediately upon the receipt of the petition and attested copy thereof, together with the affidavit of service of the notice of the petition, transmit the copy to one of the visitors with directions immediately to visit the respondent and to ascertain whether he is a proper subject for the application of the provisions of the Act as to persons of weak mind and temporarily incapable of managing their affairs, and the extent to which he is capable of understanding the nature and effect of the proceedings taken for the protection of his property, and generally to ascertain the state of his mind. The visitor shall explain to the respondent that if he wishes to object to the proceedings he should give notice within four days to the Registrar of his objection. The visitor shall immediately report to the Registrar his opinion of the matters aforesaid and those stated in the petition, as well as his opinion as to whether the respondent's incapacity (if any) is of a temporary nature and if so, as to its probable duration.

38. (1) The Registrar shall, after the expiration of six clear days from the receipt of the visitor's report, submit for the Judge's consideration the petition, the notice thereof served upon the respondent and the affidavit of service, the medical certificates, the notice of objection (if any), the visitor's report, and any evidence that may be available as to the respondent or his affairs.

(2) The Judge may, without the attendance of counsel, solicitors or parties, make such order under the provisions of section 103 of the Act as he may consider expedient or direct the petition to be set down for hearing or refer the matter to the Registrar for inquiry.

(3) Where the petition is set down for hearing the Registrar shall by ordinary prepaid post, give notice to the parties or their solicitors of the day and hour of the hearing. The hearing shall take place in camera.

39. When an order shall have been made under section 103 of the Act appointing a guardian of the respondent's person and property, the Registrar shall direct one of the medical visitors to visit the respondent within one month previous to the expiration of the order, or at such times and in such manner as the Judge shall have directed, and to report to the Judge as to his physical and mental condition. Upon receipt of every such report, the Registrar shall file the same and submit it to the Judge for his consideration.

VII. Proceedings after primary order made on petition for inquiry or upon report directed to stand as a petition.

40. Every order declaring a person to be of unsound mind and incapable of managing his person or property shall, unless the Judge shall otherwise direct, contain directions that the petitioner, or such other person as the Judge in his discretion may entrust with the carriage of the proceedings, shall lodge and file in the Office, within a time to be specified in the order, a statement of facts upon oath, and proposals for the management of the ward's person and property setting forth the following particulars:—

( a ) the ward's situation;

( b ) the nature of his mental disease;

( c ) who should be appointed committee of his person and of his estate;

( d ) his property and the net amount or estimated value thereof;

( e ) the amount of his gross income;

( f ) the amount of his clear net income;

( g ) in what manner and at what expense, and by whom and where he has been maintained; what should be allowed for his past maintenance; whether anything, and if so, what is due, and to whom in respect thereof, and to whom and out of what fund it should be paid;

( h ) what should be allowed for his future maintenance, from what time allowance should commence and out of what fund it should be paid;

( i ) whether any, and if so what costs are payable out of the ward's estate, and to whom and out of what fund they should be paid;

( j ) whether any, and if so what debts are due by the ward and whether any special circumstances exist as to any of them;

( k ) whether a receiver should be appointed over the ward's estate;

( l ) whether the ward is known to have made any will, and if so, who has custody of it.

41. (1) Upon consideration of the statement of facts and proposals and, for the purpose of fully informing the Judge as to the facts of the matter and as to the results of any inquiries he may have made, the Registrar shall prepare a draft report for submission to the Judge.

(2) The Registrar may give notice of proceedings in the Office to settle the report to such parties as have had notice of the originating petition, or whose attendance at the hearing thereof was allowed by the Judge, or upon such other persons as he may in the course of the proceedings think fit. Save as aforesaid no other persons shall be entitled to attend before the Registrar on the settling of the report.

42. The Registrar shall frame his report in separate paragraphs, each as far as is practicable dealing with a distinct portion of the subject matter and having an appropriate heading.

43. Any party attending before the Registrar on the settling of the report may object to the Registrar's draft by submitting in writing a list of his objections. The Registrar shall rule upon each objection and allow or disallow it. Where he allows an objection he shall review his draft accordingly. Where an objection is disallowed the objector may submit to the Registrar a notice in writing that he insists on such objection. Any objection not so insisted on shall be considered as abandoned.

44. Where no objection to the draft report is made, or where objections having been made, they have been ruled upon to the satisfaction of the objectors or are not insisted on, the Registrar upon final consideration of the statement of facts and proposals, of such matters as may have been brought before him by the parties, and of any other relevant matters, shall submit his report to the Judge with such consequential directions as he may think it expedient to suggest.

45. Where an objector, other than the party having carriage of the proceedings, insists upon an objection, the party having carriage shall apply for confirmation of the report. Where the party having carriage insists upon an objection, the Registrar may give carriage of the proceedings to the General Solicitor and direct him to apply for confirmation.

46. No person shall, except by special leave of the Judge, present a petition against the confirmation of a report. An objector who insists on an objection may submit the same for consideration by the Judge on the hearing of the application for confirmation.

47. (1) The report of the Registrar shall be brought before the Judge for confirmation by motion, on notice to such persons (if any) as the Registrar or Judge may direct, in the following cases:—

( a ) where the Judge has so directed;

( b ) where owing to the special nature or circumstances of the case the Registrar so directs;

( c ) where objections to the report have not been ruled upon to the satisfaction of the objector or abandoned;

( d ) where the report has been submitted to the Judge by the Registrar in pursuance of sub-rule (2), but no fiat thereon has been given.

(2) In other cases, the Registrar shall submit his report to the Judge with the directions proposed to be given or made in consequence thereof, and the Judge's fiat thereon shall have the effect of an order in the terms of such directions subject to such variation (if any) therein as he may make.

(3) In any case the Registrar may dispense with the report referred to in this rule and may submit to the Judge the minutes of the order requisite to give effect to proposals for the management of the ward's person and property and thereupon the Judge may, without the attendance of counsel, solicitors or parties make an order in the terms of such minutes with or without variation.

VIII. The Registrar.

48. The Registrar may, in respect of the management of the affairs of a ward under any order made by the Judge, make and issue certificates, reports, and rulings and give authorities and directions.

49. The Registrar may, from time to time and as to him shall seem expedient, make any inquiry and receive and consider any proposal, as to any matter concerning the person, property, or affairs of any respondent or ward or his maintenance, or the maintenance of any member of his family, and report thereon to the Judge. He may, in particular, do all or any of the following things: ascertain whether there are any debts due by the ward which should not be disputed and consider whether any of them ought to be paid, and if so to whom and out of what property or fund; consider proposals for the adjustment and settlement of any such undisputed debt and for the compromise and settlement of any disputed debt, claim or demand against the ward's estate; inquire and consider whether any dealings with the respondent's or ward's property, whether before or after the commencement of proceedings, should be examined; make a separate or special report or certificate, or state specially any circumstance relating to the subject matter of a report as he may think fit.

50. The Registrar shall, in accordance with any general or special direction to be given by the Judge, visit periodically every mental hospital and institution in which a ward is resident, and as occasion may require, every ward in private care.

51. (1) The Registrar may require the committee of the person or estate of any ward to give him such information as he may possess relating to the ward as the Registrar may consider necessary, and may if he so thinks fit, require him to attend before him for that purpose.

(2) If the Registrar considers that there is undue delay in, or he is otherwise dissatisfied with the conduct of, any proceedings or matter, he may require the party having the conduct of such proceedings or matter, or his solicitor or any other person appearing to be answerable therefor, to attend before him to explain the delay or other conduct with which he is dissatisfied, and may thereupon make or give such ruling or direction as he may consider proper, and in particular may, if he thinks fit, appoint the General Solicitor to act as solicitor in such proceedings or matter in the place of any solicitor theretofore acting. For the purpose of this rule, the Registrar may direct the General Solicitor to issue such summons, notice of motion or other document as may be necessary and to conduct the proceedings thereunder and carry out such other directions as may be given.

52. Where the Registrar is of the opinion that any person is of unsound or weak mind and incapable of managing his person, property or affairs, and considers it expedient so to do in such person's interest, he may direct the General Solicitor or such other person as he shall think fit to initiate appropriate proceedings under the Act in respect of such person.

53. The Registrar shall give notice of any proceeding before him to the committee of the ward and may give notice to any of the ward's next-of-kin or to any person whose attendance he considers desirable in the ward's interests. Save by special leave of the Registrar no other person shall be entitled to attend the proceedings.

54. The Registrar may direct that several parties who have appeared by different solicitors shall thenceforward appear by the same solicitor or that several parties who have appeared by the same solicitor shall thenceforward appear by different solicitors. Any person who appears contrary to such direction shall, unless otherwise ordered, do so at his own cost.

55. All accounts of real or personal estate shall be taken by the Registrar.

56. The Registrar shall keep such records in relation to wards as the Judge may from time to time direct.

IX. Committees.

57. Where the Judge considers it expedient he may appoint two or more persons to be committees of the estate or of the person; and may direct that on the death or discharge of any such person the custody and care of the estate or person, as the case may be shall continue to be exercised by the survivor or survivors. On the death or discharge of a sole committee or one of several committees in a matter where no such provision as aforesaid has been made the Registrar shall inquire and report to the Judge whether or not it is necessary or expedient that some one be appointed or replace the deceased or discharged committee and if so, who should be appointed.

58. Neither the proprietor nor the keeper nor the medical superintendent of the hospital or institution in which the ward shall, for the time being reside nor any person residing with or in the employment of any such proprietor, keeper or medical superintendent shall be appointed committee of the ward's person or estate either solely or jointly with any other person.

59. The Registrar may if he thinks fit require the committee of the person to make to him periodically or otherwise a return in duplicate giving particulars as to the ward's residence, physical and mental condition, maintenance, comfort and such other matters in relation to the ward as he may wish to be informed of.

60. A committee of the person shall not change the ward's residence except by leave of the Judge or the Registrar.

61. Save where the Judge otherwise directs, every committee of the estate shall give security in such amount as the Registrar may, having regard to the amount and condition of the ward's property and income, direct, and the Registrar may from time to time direct, that the amount of such security be increased or diminished.

62. (1) The committee may give security in any one or more of the following ways according as the Judge or the Registrar shall direct:—

( a ) by entering into a bond with two or more sufficient sureties;

( b ) by entering into a bond with any corporation or company carrying on business in Ireland, established by Charter or incorporated under Statute, and having power to enter into a guarantee;

( c ) by paying money or transferring stocks, shares or other securities into Court.

(2) Such security shall be perfected before the Registrar forthwith upon the appointment of such person as committee and such person shall not act as committee until his security has been perfected. All bonds shall be filed and dealt with in the Office.

63. The committee of the estate shall account annually or at such longer or shorter periods as the Registrar may determine. He shall lodge his accounts verified by affidavit in the Office and attend there, at or within such times as the Registrar shall determine, to have his accounts taken and passed. On each such occasion, and also whenever the Registrar so requires, he shall satisfy the Registrar that his sureties are solvent and within the jurisdiction.

64. Where the Registrar is of opinion that an account of the committee of the estate is unsatisfactory, or that the ward's affairs require special investigation or that there is any other matter or question which should be dealt with by order of the Judge, he shall specially report to the Judge thereon.

65. The Registrar, or on appeal the Judge may, in special circumstances or for special cause, allow remuneration to a committee of the estate or person; and may fix the amount thereof.

66. Every committee of the estate, unless otherwise authorised by the Judge, shall lodge forthwith all moneys received by him on account of the estate to the credit of a separate account to be kept in a bank for such estate; and the bank passbook or copy of the account shall be lodged in the Office with each annual or other account lodged by such committee. The committee's account shall state the dates upon which such moneys were received by him during the period covered by the account.

67. Where the committee of the estate makes default in bringing in his account or in having the same passed or in lodging in Court any sum directed to be lodged, the Registrar may disallow his remuneration, if any, and his costs, and may direct that he pay interest at the statutory rate for the time being for judgments upon any such sum as aforesaid for the period during which the same appears to have been improperly retained or allowed to remain uninvested.

68. The Registrar shall, on or before the 1st April in each year, require the committee of the estate of each ward to make, within a specified period, a return in duplicate in the Form No. 16. If the Registrar is of opinion that a more complete return can be obtained from the receiver (if any) in the matter he shall require the same from such receiver. The committee or receiver shall thereupon make such return within such time specified; any neglect to do so shall be taken into account when his costs are in question.

69. Any failure or undue delay by a committee in complying with any requirement of this Order or of the Judge or the Registrar shall, unless satisfactorily explained, be grounds for his removal.

X. Guardians and receivers.

70. A receiver may be appointed where necessary or expedient and whether or not a committee of the estate has been appointed.

71. The provisions of rules 60 to 68 relating to the committee of the estate shall mutatis mutandis apply to receivers and to guardians appointed under section 103 of the Act.

72. No person shall be appointed a receiver unless independent of all the solicitors concerned in the matter; nor shall any practising barrister, or solicitor, or agent or person employed as clerk or otherwise by a solicitor, be appointed a receiver without the special leave of the Judge.

73. No receiver in any matter shall directly or indirectly employ as his solicitor in relation to his receivership or to the ward's estate, the solicitor for the committee of the ward's person or estate, nor the solicitor for any person interested in the matter nor the partner, town agent, clerk or apprentice of any such solicitor.

74. Every receiver appointed over the property of a ward shall be subject to the general rules regulating the appointment, accounts, and control of receivers, except where the same are inconsistent with this Order or as the Judge shall otherwise direct.

75. The guardian of every temporary ward shall, in accordance with section 103 of the Act, file in the Office a monthly account of all moneys or other property of the ward by him received, sold, conveyed, assigned or otherwise disposed of, setting out the mode in which the same, or the proceeds thereof, have been by him applied; and also a statement of the moneys or other property of the ward then in his possession, power or control; and every such account shall be accompanied by a statement, to be signed by such guardian, of the then physical and mental condition of the ward and the probable duration of his incapacity.

76. Every account to be filed by a guardian in the Office under rule 75 shall be verified by his affidavit and shall be taken by the Registrar.

77. Where, under the provisions of rule 64 (as applied to guardians), the Registrar reports specially to the Judge any matter arising upon a guardian's account, or in relation to the person or property of a temporary ward, such matter shall be considered and disposed of by the Judge in camera; and the Registrar shall give notice by post of the day and hour of such consideration to the solicitors who shall have been named in the petition, and to such other solicitors as shall have been permitted to appear in the matter. Such notices shall be sent by post to their registered places of business.

78. Every guardian and receiver shall be subject to the control of the Judge and shall have and exercise in relation to the ward's estate only such powers as are expressly conferred in the order of appointment.

79. In any case in which it appears to the Registrar to be proper that the remuneration of any receiver should be fixed as a percentage of the income collected by him, the Registrar may allow to such receiver such percentage thereof at such rate as he shall determine, In any other case the receiver's remuneration shall be fixed at such figure or on such basis as the Registrar, or on appeal from him, the Judge, shall think fit.

XI. Leases, sales and mortgages.

80. Where it is proposed to make or renew a lease or under-lease of any property of a ward, or of any property in which he is interested as limited owner or otherwise, or to exercise any power of leasing vested in him, the following provisions shall apply:—

( a ) if the proposed lease or under-lease is for a term of not more than twenty-one years the application for leave to make the same may be made ex parte to the Registrar, grounded, where necessary, upon a proposal to take the same, signed by the proposed lessee, and upon an affidavit showing that it is for the benefit of the ward and just and reasonable that such lease or under-lease should be made. If the Registrar is satisfied that it is for the ward's benefit and just and reasonable, he may authorise the committee of the estate to make the same accordingly;

( b ) if the proposed lease or under-lease is for a term exceeding twenty-one years, or is one which requires the exercise on his behalf of any power of leasing or other power vested in the ward, the application for leave to make the same or to exercise such power shall be made ex parte to the Registrar in the first instance grounded upon a proposal to take the lease or under-lease, signed by the proposed lessee, and upon affidavit showing that it is for the benefit of the ward and just and reasonable that the lease or under-lease should be made or the power exercised. The Registrar, if satisfied that the proposal is one proper to be submitted to the Judge, shall certify his opinion as to the matters aforesaid and direct the application to be made by motion to the Judge on notice to such persons (if any) as the Registrar may direct. The motion to the Judge shall be grounded upon the proposal and affidavit as aforesaid and the Registrar's certificate. The Judge, if satisfied that the lease or under-lease should be made or the power exercised, may direct the committee of the estate to make or exercise the same accordingly;

( c ) any such application as aforesaid shall be made by the committee of the estate except in special circumstances when, by leave of the Registrar or the Judge, it may be made by any other person interested;

( d ) where any such lease or under-lease has been directed as aforesaid, the Registrar shall settle and approve the form of the same to be granted to the intended lessee at the rent, for the period, and under and subject to the covenants and conditions directed; and the committee of the estate shall, in the name and on behalf of the ward, execute the lease or under-lease, as the case may be, when so settled and approved, upon the Registrar signifying in writing his approval thereof, and upon the intended lessee executing a counterpart thereof; and the Registrar shall certify accordingly.

81. Where it is proposed to sell any real or leasehold property of the ward, or any property in which he is interested as limited owner or otherwise, or to exercise on his behalf any power of sale vested in him, the following provisions shall (unless the Judge shall otherwise direct) apply:—

( a ) the application for leave to sell may be made ex parte to the Registrar in the first instance, grounded upon affidavit showing how it is for the benefit of the ward, and just and reasonable that a sale should be had;

( b ) the Registrar, if satisfied that the application is one proper to be submitted to the Judge, shall certify his opinion as to the matters aforesaid, and direct the application to be made by motion to the Judge on notice to such persons (if any) as the Registrar may direct;

( c ) the motion to the Judge shall be grounded upon affidavit as aforesaid and the Registrar's certificate, and the Judge, if satisfied that the property should be sold, may direct the committee of the estate to sell the same accordingly;

( d ) any such application as aforesaid shall be made by the committee of the estate, except in special circumstances when, by leave of the Registrar or the Judge, it may be made by any other person interested;

( e ) where a sale has been directed the Registrar shall settle and approve the conditions of sale, and if necessary, fix the date thereof;

( f ) all contracts for sale shall be expressed to be subject to the conditions set out in Part 2 of the Form No. 17, and when the sale is by public auction the conditions of sale, as settled by the Registrar, shall include all the conditions set out in Parts 1 and 2 of the said Form;

( g ) upon a sale being had the purchaser shall, at or within such time as the Registrar shall fix, pay the purchase money into the Bank in the name and with the privity of the Accountant to the credit of the matter, and to such particular account (if any) as the Registrar may appoint, and upon the same being paid, the purchaser shall be let into possession of the property sold, and the receipt of the rents and profits thereof, as from such day as the Registrar shall appoint;

( h ) the Registrar shall, on due notice to all parties interested, settle and approve the draft conveyance or assignment as the case may be; and the committee of the estate shall, in the name and on behalf of the ward, execute the same, when so settled and approved, upon the Registrar signifying in writing his approval thereof, and the Registrar shall certify accordingly.

82. Where it is proposed to mortgage any real or leasehold property of the ward the provisions of rule 81 (a), (b) and (c) shall apply mutatis mutandis. Where it is ordered that the committee of the estate may raise, by mortgage of any of the ward's property, money for any purpose, the Registrar shall settle and approve a proper mortgage; and the committee, upon payment to him, or as may be directed, of the amount to be raised, shall, in the name and on behalf of the ward, execute the mortgage, when so settled and approved, upon the Registrar signifying in writing his approval thereof, and shall do all such other acts as shall be necessary to give effect to the same; and the Registrar shall certify accordingly.

XII. Visitors.

83. The Registrar may direct a visitor to visit any respondent or ward periodically or at such other time or times as he may consider necessary to examine him or inquire as to his physical and mental condition, his care, treatment, maintenance, comfort and such other matters as he shall think fit.

84. The Registrar may investigate any matter reported by a visitor, and, if necessary, may require a committee to attend and explain the same; and may in any event give such directions as may be necessary or expedient.

85. A visitor's report shall be considered as being strictly confidential and as being intended solely for the information of the Judge and such persons as he shall specially appoint. No such report shall, except by leave of the Judge, be in any way made available for use or inspection by any other person.

86. (1) Visitors shall be remunerated by fees to be fixed by the Registrar or, on appeal in any particular case, by the Judge. Any such fee shall be paid, upon the certificate of the Registrar, by the committee of the estate in the matter in which it was incurred; and such committee shall be allowed credit for such payment on passing his account.

(2) Where a petition praying an inquiry as to the soundness or unsoundness of mind of any person is dismissed or not proceeded with, the petitioner shall, unless it is otherwise ordered by the Judge, pay the expenses of any visitation of the respondent in relation thereto.

XIII. Death or recovery of the ward.

87. Any person, in whose custody, possession, power or control the same may be, may, upon oath as directed by the Registrar, deposit for safe custody in the Office any will, codicil or testamentary paper of the ward. If, on request by the Registrar such person fails to make such deposit he may be ordered to do so by the Judge.

88. Upon being satisfied of the death of a ward the Registrar may, without order, open and read any paper writing purporting or alleged to be the ward's will, for the purpose of ascertaining who is therein nominated executor thereof, and also whether or not there is any and what direction therein contained concerning his funeral or place of interment, and then deliver the same to the Probate Officer to the intent that it may be dealt with according to law, and shall certify the death and the opening and delivering out of the paper writing accordingly.

89. Upon the death of any ward, the committee of his estate shall, save as hereinafter provided, lodge in the Office a statement of facts setting forth the date of his death, whether he had executed a will or died intestate, what are the claims and demands against his estate for costs, maintenance or otherwise, who are his heirs or next-of-kin, who are the executors and trustees named in his will and who are the devisees of his real estate, If the committee himself be dead, then the statement of facts shall be lodged by the solicitor for such late committee, or, failing him by the personal representative of such late committee, or, failing him by the original petitioner in the matter or such other person as the Registrar may authorise in that behalf, In any case in which the ward dies before the appointment of any committee of his estate, the statement of facts shall be lodged by the original petitioner or such other person as the Registrar may authorise in that behalf, In any case the Registrar may, if he thinks fit to do so, dispense with the lodgment of any statement of facts.

90. Upon a statement of facts being lodged in pursuance of rule 89, the Registrar shall make a report for the submission to the Judge of the fact and date of the ward's death, whether he had executed a will or died intestate, what are the claims and demands against his estate for costs, maintenance and otherwise, who are interested in or entitled to his real or personal estate as heirs-at-law, next-of-kin, or as executors, trustees, or devisees named in the will, and what proceedings (if any) the Registrar recommends for the purpose of winding up the matter. Such report shall be settled by the Registrar in the presence of and on notice to such person or persons as he shall direct, In any case the Registrar may dispense with such report.

91. (1) The committee of the estate shall, or any other party interested in the confirmation of the report may, apply to the Judge for confirmation of the same; and upon such application the Judge may confirm the report with or without variation and make such further or other order as he may consider just.

(2) Where the Registrar has dispensed with a statement of facts or report, he may submit to the Judge the minutes of the order requisite to terminate the matter with such evidence (if any) in support thereof as may be necessary, and thereupon the Judge may, without the attendance of counsel, solicitor or parties, make an order in the terms of such minutes with or without variation.

92. Where no representation has been raised to the estate of a ward who has died intestate, and whose total assets appear to the Judge not to exceed £1,000 in value, any funds to which he was or his personal representatives would be entitled may, by direction of the Judge, be paid, transferred or delivered to the person who would be entitled to obtain letters of administration of his estate under the Succession Act, 1965 , upon such person making and filing with the Registrar a declaration in the Form 18.

93. Where a ward, upon recovery, wishes to be remitted to the management of his own affairs, he may apply informally to the Judge to be so remitted. The Judge, if satisfied by such evidence as he considers sufficient, that the ward is capable of managing his person, property and affairs generally, may make such order as he shall think the circumstances require and dismiss the matter out of lunacy.

XIV. Miscellaneous.

94. (1) Except as is hereinafter provided, service of notice of presentation of an originating petition as required by rules 8,23 and 35 shall be effected by personal service by delivering to and leaving with the respondent a true copy of the petition, with the notice thereon indorsed, and at the same time showing him the attested copy indorsed with the appropriate notice. Save as is hereinafter provided, service of any other document upon a respondent or ward shall be effected by delivering it to the respondent personally.

(2) Where by reason of his physical or mental condition or his situation or the other circumstances of the case, personal service would be impracticable or inexpedient, then service may be effected as follows:—

( a ) if the respondent or ward is a patient resident in a mental hospital or other institution, by delivering the notice or document to the person for the time being in charge thereof;

( b ) if the respondent or ward is not such a patient by delivering the notice or document to some inmate aged twenty-one years or upwards at the ward's dwellinghouse or usual or last known place of abode, such house or abode being within the jurisdiction.

(3) The provisions of this rule as to substituted service shall not apply to the service of notice of an originating petition under section 68 or Section 103 of the Act unless the Judge otherwise directs.

95. In every case an affidavit of service of such notice or document shall be filed with the Registrar stating particularly the time, place, and mode of service, and, where there has not been personal service, the grounds and reason why such personal service has not been effected, and the means by which service was effected in accordance with sub-rule 94 (2). Such affidavit shall be in the Form No. 15.

96. An application by any person in any matter for liberty to change solicitors shall be accompanied by an affidavit by such person showing the reason for the change.

97. Subject to the provisions of this Order, solicitors may charge and be allowed for professional services in proceedings in relation to wards of Court, such fees as they would be allowed for professional services of a similar character in relation to proceedings generally in the High Court.

98. Subject to any order that the Judge may make in the matter, the Registrar may direct that any bill of costs in any proceeding under the Act be referred for taxation to the Taxing Master who shall duly tax and certify the amount due upon the same as if he had been so directed by order of the Judge.

99. (1) The Registrar may himself measure a sum for costs where the Judge so directs, or where the parties concerned so consent, or where he considers that the amount which would be allowed on taxation would not exceed £1000.

(2) Where the Registrar measures costs in pursuance of this rule, the Accountant may pay the amount so measured notwithstanding that the order under which such costs are payable directs payment upon production of a certificate of taxation thereof.

100. The costs of the General Solicitor in relation to any matter in which he has acted as committee, receiver or guardian, or any costs in relation to any proceedings which he has taken in accordance with the directions of the Judge or the Registrar shall be paid by such parties or out of such funds as the Judge or the Registrar may direct.

101. No committee, receiver or guardian shall, unless the Judge or the Registrar shall otherwise direct, be allowed at the expense of the ward's estate, any costs or expenses for any work proper to be done by him personally and not requiring professional assistance.

102. Save where otherwise provided by the Act or by this Order, the evidence in any proceedings or matter under the Act or this Order shall be given by affidavit; but in any case the Judge and in proceedings before him the Registrar may direct the attendance for cross-examination of any person who has made an affidavit and may order that the whole or any part of the evidence be given and taken viva voce.

103. Clerical mistakes in judgments or orders of the Judge, or errors arising therein from any accidental slip or omission, may at any time, with the approval of the Judge, be corrected by the Registrar. Clerical mistakes in orders, rulings or directions made or given by the Registrar, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Registrar without referring the matter to the judge.

104. Every order in proceedings to which this Order applies shall be issued out of the Office of Wards of Court.

ORDER 68. REVENUE.

1. In this Order, "the Commissioners" means the Revenue Commissioners.

2. All proceedings in Revenue causes and matters shall be entitled:

"THE HIGH COURT REVENUE."

I. Recovery of taxes and duties.

3. Proceedings for the recovery of any tax or duty under the care and management of the Commissioners, or for any fine, penalty or forfeiture in connection with any such tax or duty or incurred under or imposed by the Act s relating to customs or excise, or for the delivery of an affidavit or an account, whether on oath or not, or for the furnishing of explanations or documents in connection with any such tax or duty, or for the condemnation of goods under the Customs Acts, may be brought by summary summons (or if the circumstances so require, by plenary summons).

4. (1) In Revenue causes and matters service out of the jurisdiction of an originating summons may be allowed by the Court.

(2) Every application for leave to serve such a summons, or notice thereof, on a defendant out of the jurisdiction shall be supported by affidavit, or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country the defendant is or probably may be found, and whether he is a citizen of Ireland or not; and no leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction.

(3) The provisions of Order 11 rules 6 to 10 (inclusive), shall apply to service out of the jurisdiction in Revenue causes and matters.

5. If a defendant fails to comply with any order for the delivery of an account, whether on oath or affidavit or not, or the furnishing of explanations or documents in connection with any such tax or duty as aforesaid, an order of attachment may be issued against him under the provisions of Order 44 Part 1.

II. Appeals under the Finance Act, 1894, section 10.

6. Any aggrieved person within the meaning of the Finance Act, 1894, section 10 (1), who desires to appeal in any of the cases mentioned in the said section shall, within one month after receipt by him or his solicitor of notice in the Form No. 29 in Appendix C of the decision or claim of the Commissioners, deliver or leave at the office of the Revenue Solicitor at Dublin Castle during office hours a written statement addressed to the Commissioners of the grounds of such appeal.

7. Such statement shall contain the full name and address of the appellant and the name and registered place of business of his solicitor (if any), and shall distinctly specify the several grounds upon which the appellant contends that the decision or claim of the Commissioners was erroneous and, if he contends that the value put upon any property by the Commissioners is excessive, he shall in his statement identify such property and state the value which he contends should be put upon the same.

8. The Commissioners shall, within one month after the leaving or delivery of such statement, give notice to the appellant or his solicitor whether they have withdrawn the decision or claim appealed against or have determined to maintain the same, either in whole or in any and what part, and shall therein state the grounds of such decision and the particulars of such claim in so far as they have determined to maintain the same.

9. Within one month after receipt of the Commissioners' notice of their determination to maintain their decision or claim either in whole or in part, the appellant may proceed with his appeal by presenting a petition to the Court. Immediately after presentment, a copy of the petition shall be served by the appellant upon the Commissioners by leaving the same at the office of the Revenue Solicitor during office hours.

10. Within one month after the service of the copy of the petition the Commissioners shall file their answer thereto in the Central Office and serve a copy thereof upon the appellant or his solicitor; and in default thereof the facts stated in the petition shall be deemed to be admitted and the appellant may thereupon set the petition down for hearing.

11. Subject to the provisions of these Rules, the appellant shall not in his petition state, nor at the hearing thereof be allowed to rely upon, any grounds of appeal not specifically set forth in his statement of the grounds of appeal; nor shall the Commissioners at such hearing be allowed to rely upon any grounds to sustain their decision or claim not specifically set forth in their answer.

12. Upon the filing of the answer and the service of a copy thereof in manner aforesaid, the matter shall be deemed to be completely at issue and the appellant may set the petition down for hearing as aforesaid, and if he does not do so within seven days after service of the answer, the Commissioners may do so.

13. Unless otherwise ordered the evidence at the hearing of the petition shall be given viva voce.

14. The Court may at any stage of the proceedings allow the appellant to amend his grounds of appeal and petition, or the Commissioners to amend their answer, in such manner and upon such terms as may be just.

15. (1) An application under the Finance Act, 1894, section 10 (4), for leave to bring an appeal without payment of duty, or on part payment only thereof, shall be made by motion on notice to the Commissioners which shall be entitled in the matter of the intended appeal and in the matter of the Finance Act, 1894, and shall be served within the time limited by rule 9, together with a copy of the affidavit grounding the application, by leaving or delivering the same at the office of the Revenue Solicitor during office hours at least four clear days before the hearing of the application.

(2) Where such an application is made, the appellant may, notwithstanding that the time limited by rule 9 for presenting the petition may have expired, proceed with his appeal by presenting a petition to the Court within fourteen days after the order made on such application shall have been perfected and serving a copy of the petition in the manner provided in the said rule.

III. Appeals under the Succession Duty Act, 1853, section 50.

16. An appeal pursuant to the Succession Duty Act, 1853, section 50, may be instituted by presenting a petition to the Court. Immediately after presentment, a copy of the petition shall be served by the appellant upon the Commissioners by leaving the same at the office of the Revenue Solicitor during office hours, and thereafter the provisions of rules 10 to 14 (inclusive) shall apply to such appeal.

Applications under the Finance Act, 1983, section 18.

17. An application pursuant to the Finance Act, 1983 , section 18, may be made by motion ex parte grounded upon an affidavit entitled as provided in rule 2 and in the matter of the said Act, identifying the person to whom such application relates.

IV. Miscellaneous.

18. A separate Cause Book shall be kept for proceedings in Revenue causes and matters.

19. Nothing in these Rules shall be construed to prejudice the rights, privileges, and priorities preserved by the Finance Act, 1924 , section 38(2).

20. The provisions of Order 16, and of Order 19, rule 2 shall not apply to proceedings in Revenue causes or matters.

21. Subject to the power of transfer, proceedings in Revenue causes and matters shall be assigned to such Judge as the President of the High Court may from time to time assign to hear the same.

ORDER 69. ARREST OF DEFENDANT UNDER THE DEBTORS ACT (IRELAND), 1872.

1. An order to arrest under the Debtors Act (Ireland), 1872, section 7, (which shall be in the Form No. 16 in Appendix F, Part II), shall be made upon affidavit and ex parte, but the defendant may, at any time after arrest, apply to the Court to rescind or vary the order, or to be discharged from custody, or for such other relief as may be just.

2. An order to arrest shall before delivery to the Garda Síochána be indorsed with the registered place of business of the plaintiff's solicitor, or with the address for service of the plaintiff in person as required by Order 4, rules 14 and 15.

3. The security to be given by the defendant may be a deposit in Court of the amount mentioned in the order, or a bond to the plaintiff by the defendant and two sufficient sureties (or, with the leave of the Court, either one surety or more than two), or, with the plaintiff's consent, any other form of security. The plaintiff, may, within four days after receiving particulars of the names and addresses of the proposed sureties, give notice that he objects thereto, stating in the notice the particulars of his objections. In such case the sufficiency of the security shall be determined by the Master who shall have power to award costs to either party. It shall be the duty of the plaintiff to obtain an appointment for that purpose, and unless he do so within four days after giving notice of objection, the security shall be deemed sufficient.

4. The money deposited, and the security, and all proceedings thereon, shall be subject to the order and control of the Court.

5. Unless otherwise ordered, the costs of and incidental to an order of arrest, shall be costs in the cause.

6. Upon payment into Court of the amount mentioned in the order, a receipt shall be given, and upon receiving the bond or other security, a certificate to that effect shall be given, signed or attested by the plaintiff's solicitor, if he have one, or by the plaintiff, if he sue in person. The delivery of such receipt, or a certificate to the officer executing the order, shall entitle the defendant to be discharged out of custody.

7. The officer effecting an arrest under such order shall, within two days after the arrest, indorse on the order the true date of such arrest.

ORDER 70. MATRIMONIAL CAUSES AND MATTERS.

I. Petition.

1. Proceedings in matrimonial causes and matters shall be commenced by filing a petition, which shall be addressed to the High Court and which shall be in the Form No. 1 Appendix L. (The forms hereinafter referred to in this Order are the forms set forth in said Appendix).

2. Every petition by which such proceedings shall be commenced shall state the domicile of the parties at the respective dates of the marriage and of the petition, the place of the marriage, the address and description of each party, and the number of children of the marriage.

3. Every petition shall be accompanied by an affidavit made by the petitioner, verifying the facts of which he or she has personal knowledge, and deposing as to belief in the truth of the other facts alleged in the petition and such affidavit shall be filed with the petition.

4. In cases where the petitioner is seeking a decree of nullity of marriage, or of divorce a mensa et thoro, the petitioner's affidavit filed with his or her petition, shall further state that no collusion or connivance exists between the petitioner and the other party to the marriage or alleged marriage, and in cases where the petitioner is seeking a decree for restitution of conjugal rights the affidavit filed with the petition, shall further state sufficient facts to show that a written demand for cohabitation and restitution of conjugal rights has been made by the petitioner upon the party to be cited, and that after a reasonable opportunity for compliance therewith, such cohabitation and restitution of conjugal rights has been withheld.

II. Citation.

5. Every petitioner who files a petition and affidavit shall forthwith extract a citation, under seal of the Court, for service on each respondent in the cause.

6. Every citation shall be in the Form No. 2, and the party extracting the same, or his solicitor, shall take it up, together with a praecipe and get the citation signed. The praecipe shall contain the registered place of business of the solicitor depositing same, or if there be no solicitor, an address for service within the jurisdiction where notices, pleadings, orders, warrants, and other documents may be left for such party.

III. Service.

7. Citations shall be served personally when that can be done.

8. Service of a citation shall be effected by personally delivering a true copy of the citation to the party cited, and producing the original, if required.

9. To every person served with a citation shall be delivered, together with the copy of the citation, a certified copy of the petition under seal of the Court.

10. In cases where personal service cannot be effected, application may be made by motion to the Court to substitute some other mode of service.

11. After service has been effected the citation, with a certificate of service in the Form No. 3 indorsed thereon, shall be forthwith filed in the Central Office.

12. When it is ordered that a citation shall be advertised, the newspapers containing the advertisement shall be filed in the Central Office with the citation.

13. Rules 7 to 12, so far as they relate to the service of citations, shall apply to the service of all other documents requiring personal service.

14. A petitioner may not proceed, after having extracted a citation, until an appearance shall have been entered by or on behalf of the respondents, or it shall be shown by affidavit, filed in the Central Office, that they have been duly cited and have not appeared.

15. The citation referred to in the affidavit of service shall be annexed to such affidavits, and marked by the person before whom the same is sworn. The affidavit of service of a citation shall be in the Form No. 4.

IV. Appearance.

16. All appearances to citations shall be entered in the Central Office in a book provided for that purpose, and shall be in the Form No. 5.

17. An appearance may be entered at any time before a proceeding has been taken in default, or afterwards by leave of the Court, and every appearance shall contain the registered place of business of the solicitor entering same, or, if there be no solicitor, an address for service as prescribed by rule 6.

18. If a party cited wishes to raise any question as to the jurisdiction of the Court; he shall enter an appearance under protest, and within eight days file in the Central Office his act on petition in extension of such protest, and on the same day deliver a copy thereof to the petitioner, or to his solicitor. After the entry of an absolute appearance to the citation, a party cited cannot raise any objection as to jurisdiction.

V. Intervener.

19. Application for leave to intervene in any cause shall be made to the Court, by motion, supported by affidavit, and every party intervening shall join in the proceedings at the stage in which he finds them, unless it is otherwise ordered by the Court but the Court may give liberty to a party intervening to plead, as if he was a party to the proceedings originally.

VI. Answer.

20. Each respondent who has entered an appearance may within twenty-eight days after service of the citation on him file in the Central Office an answer to the petition, in the Form No. 6.

21. Each respondent shall on the day he files an answer deliver a copy thereof to the petitioner, or to his solicitor.

22. Every answer which contains matter other than a simple denial of the facts stated in the petition, shall be accompanied by an affidavit made by the respondent, verifying such other or additional matter, so far as he has personal knowledge thereof, and deposing as to his belief in the truth of the rest of such other or additional matter, and such affidavit shall be filed with the answer.

23. In cases involving a decree of nullity of marriage, or of divorce a mensa et thoro, the respondent who is husband or wife of the petitioner, shall in the affidavit filed with the answer, further state that there is not any collusion or connivance between the deponent and the petitioner.

VII. Further pleadings.

24. Within fourteen days from the filing and delivery of the answer the petitioner may file a reply thereto, and no further pleading shall be allowed without leave of the Court.

25. A copy of every reply and subsequent pleading shall on the day the same is filed be delivered to the opposite parties or to their solicitors.

VIII. General rules as to pleadings.

26. Either party desiring to alter or amend any pleading shall apply to the Master by motion on notice for permission to do so, unless the alteration or amendment be merely verbal, or in the nature of a clerical error, in which case the application may be made ex parte.

27. When a petition, answer, or other pleading has been ordered to be altered or amended, the time for filing and delivering a copy of the next pleading shall be reckoned from the time of the order having been complied with.

28. A copy of every pleading showing the alterations and amendments made therein shall be delivered to the opposite parties on the day such alterations and amendments are made in the pleading filed in the Central Office; and the opposite parties, if they have already pleaded, shall be at liberty to amend such pleading within four days after such delivery, or such further time as may be allowed for the purpose.

29. If either party in the cause fail to file or deliver a copy of the answer, reply, or other pleading, or to alter or amend the same, or to deliver a copy of any altered or amended pleading, within the time allowed for the purpose, the party to whom the copy of such answer, reply, or other pleading or altered or amended pleading, ought to have been delivered, shall not be bound to receive it, and such answer, reply, or other pleading, shall not be filed, or be treated or considered as having been filed, or be altered or amended, unless by order of the Court. The expense of obtaining such order shall fall on the party applying for it, unless the Court shall otherwise direct.

30. Applications for further particulars of matters pleaded shall be made to the Court by motion on notice.

31. No pleading in any matrimonial cause or matter except the petition by which the proceedings shall be commenced shall be filed, delivered, or amended in the Long vacation unless directed by the Court, but every such petition may be delivered in the Long vacation without any order.

IX. Medical inspection.

32. (1) In proceedings for nullity on the ground of impotence or incapacity, the petitioner shall, after the filing of the last pleading or, if no appearance has been entered or answer filed, after the expiration of the time allowed for entering an appearance or filing an answer (as the case may be), apply to the Master to determine whether medical inspectors should be appointed to examine the parties.

(2) Upon such application the Master may appoint two medical inspectors to examine the parties and report to the Court the result of such examination.

(3) At the hearing of any such proceedings the Court may appoint a medical inspector or two medical inspectors to examine any party who has not been examined or to examine further any party who has been examined, and to report to the Court the result of such examination.

(4) In proceedings for nullity on the ground that the marriage has not been consummated owing to the wilful refusal of the respondent to do so, either party may, after the filing of the last pleading, apply to the Master for the appointment of medical inspectors to examine the parties and to report to the Court the result of such examination. Upon such application the Master shall appoint two medical inspectors and either of the parties shall be at liberty to submit himself for examination to one or both of the inspectors so appointed.

(5) The party on whose application medical inspectors have been appointed as aforesaid shall cause notice of the time and place of the examination to be given to the other party.

(6) Every examination shall be held at the consulting rooms of one of the medical inspectors so appointed as aforesaid or at some other convenient place to be specified in the order appointing them.

(7) A Registrar shall attend at the place fixed for the examination and call upon the solicitors for the parties to identify the parties to be examined. When the parties have been identified, the Registrar shall certify such identification in the Form No. 8, and shall administer an oath in the Form No. 9 to the medical inspectors who shall sign the same. The certificate of identification and oath shall be filed by the Registrar in the Central Office.

(8) Every report made under this rule shall be sent by prepaid registered post by the medical inspectors to the Master at the Four Courts, Dublin, and thereupon shall be filed in the Central Office, and either party shall be entitled to obtain a copy thereof upon payment of the prescribed fee.

X. Trial or hearing.

33. No cause shall be called on for trial or hearing until after the expiration of ten days from the day when the application to settle the mode of trial shall have been heard, unless by consent or by special order.

34. Any respondent in the cause, after entering an appearance, without filing an answer to the petition in the principal cause, may be heard in respect of any question as to costs.

35. The Court may, on the trial or hearing of any cause, order an adjournment to such time and subject to such conditions as to costs and otherwise as it shall think fit.

XI. Evidence taken by affidavit.

36. When the Court has directed that all or any of the facts set forth in the pleadings be proved by affidavits, such affidavits shall be filed in the Central Office within eight days from the time when such direction was given, unless the Court shall otherwise direct.

37. Counter-affidavits as to any facts to be proved by affidavit may be filed within eight days from the filing of the affidavits which they are intended to answer.

38. Copies of all affidavits shall on the day when the same are filed be delivered to the other parties to be heard on the trial or hearing of the cause, or to their solicitors.

39. Affidavits in reply to counter-affidavits shall not be filed without permission of the Court.

40. The Court may, on the application of any party, order the attendance for cross-examination of any person making an affidavit.

XII. Proceedings by petition.

41. Any party to a cause who has entered an appearance may apply on motion to the Court to be heard on his petition touching any collateral questions which may arise in a suit.

42. The party to whom leave has been given to be heard on his petition shall within eight days file his act on petition in the Central Office, and on the same day deliver a copy thereof to such parties in the cause as are required to answer thereto.

43. Each party to whom a copy of an act on petition is delivered shall within eight days after receiving the same file his answer thereto in the Central Office, and on the same day deliver a copy thereof to the opposite party, and the same course shall be pursued with respect to any subsequent pleading. But no pleading after the reply shall be allowed without leave of the Court.

44. The parties to the act on petition respectively, within eight days from that on which the last pleading is filed, shall (unless any different mode of proof shall be directed by the Court) file in the Central Office such affidavit and other proofs as may be necessary in support of their several averments.

45. After the time for filing affidavits and proofs has expired, unless any different mode of proof shall have been directed by the Court, the party filing the act on petition shall set down the petition for hearing; and in the event of his failing to do so within a month any party who has filed an answer thereto may set the same down for hearing, and the petition will be heard by the Court without a jury.

46. The order directing any different mode of proof mentioned in rules 44 and 45 shall provide for the hearing of the petition.

XIII. Alimony.

47. The wife, being the petitioner in a cause, may apply for alimony pending suit by motion on notice supported by affidavit at any time after the citation has been duly served on the husband or after order made by the Court to dispense with such service, provided the factum of marriage between the parties is established by affidavit previously filed.

48. The wife, being the respondent in a cause after having entered an appearance may also apply by motion on notice supported by affidavit for alimony pending suit.

49. The husband shall within eight days after the service of the notice of motion and copy of the affidavit in support thereof file an affidavit in answer and give notice of the filing thereof to the wife.

50. The husband, being respondent in the cause, shall enter an appearance before he can file an affidavit in answer to an application for alimony.

51. If the wife is not satisfied with the sufficiency of the husband's affidavit in answer, she may apply to the Court by motion to order him to give a further and fuller affidavit in answer or to order his attendance on the hearing of the motion for the purpose of being examined thereon.

52. In case the affidavit in answer of the husband alleges that the wife has property of her own, she may within eight days after notice of filing thereof, file an affidavit in reply to that allegation, but the husband shall not be at liberty to file an affidavit by way of rejoinder without permission of the Court.

53. If no affidavit in answer is filed by the husband the wife may proceed with the motion or may apply to the Court by motion to order his attendance at the hearing thereof for the purpose of being examined thereon.

54. A wife who has obtained a final decree a mensa et thoro may apply to the Court by motion for an allotment of permanent alimony, provided that she shall eight days at least before making such application give notice thereof to the husband or his solicitor.

55. A wife may at any time after alimony has been allotted to her, whether alimony pending suit or permanent alimony, apply by motion for an increase of the alimony allotted by reason of the increased faculties of the husband or by the reduction of her own faculties, or a husband may apply by motion for a diminution of the alimony allotted by reason of reduced faculties or of the wife's increased faculties, and the course of proceeding in such cases shall be the same as required by this Order in respect of the original application for alimony and the allotment thereof so far as the same are applicable.

56. Permanent alimony shall, unless otherwise ordered, commence and be computed from the date of the final decree of the Court.

57. Alimony pending suit and also permanent alimony shall be paid to the wife or to some person to be nominated in writing by her and approved of by the Court as trustee on her behalf.

XIV. Restitution of conjugal rights.

58. At any time after the commencement of proceedings for restitution of conjugal rights the respondent may apply to the Court for an order to stay the proceedings in the cause by reason that he is willing to resume or to return to cohabitation with the petitioner.

XV. Guardians of infants.

59. An infant may elect any one or more of his next-of-kin as guardian, for the purpose of proceeding on his behalf as petitioner, respondent, or intervener in a cause.

60. The necessary instrument of election shall be filed in the Central Office before the guardian elected can be permitted to extract a citation or to enter an appearance on behalf of the infant.

61. Where an infant has not elected a guardian as aforesaid, the Court shall assign a guardian to the infant for such suit.

XVI. Attachment and Sequestration.

62. In all matrimonial causes and matters, orders of attachment and orders of sequestration are to be prepared by the party at whose instance the order for the issue thereof has been obtained or the party applying for the issue thereof and taken to the Central Office with an attested copy of the order if made and a praecipe for the order and when approved or signed by the Master or the Registrar shall be sealed and it shall not be necessary for the Judge to seal such orders.

63. Any person in custody under an order of attachment may apply for his discharge to the Court.

XVII. Notices.

64. All notices required by this Order or by the practice of the Court, shall be signed by the party, or by his solicitor.

XVIII. Service of pleadings, notices, &c.

65. It shall be sufficient to leave all pleadings, notices and other documents, which by this Order are required to be given or delivered to the opposite parties in the cause, or to their solicitors, and personal services of which is not expressly required, at the registered place of business or address for service furnished as aforesaid by the petitioner and respondent respectively.

66. Where it is necessary to give notice of any motion to be made to the Court, such notice shall be served on the opposite parties who have entered an appearance two clear days previously to the hearing of such motion, and a copy of the notice so served shall be filed in the Central Office, but no proof of the service of the notice will be required, unless by direction of the Court.

67. If an order be obtained on motion without due notice to the opposite parties, such order shall be rescinded on the application of the parties upon whom the notice should have been served; and the expense of and arising from the rescinding of such order shall fall on the party who obtained it, unless the Court shall otherwise direct.

68. When it is necessary to serve personally any judgment or order, the original judgment or order, or an attested copy thereof, shall be produced to the party served, and annexed to the affidavit of service.

XIX. Change of solicitor.

69. A party may obtain an order to change his or her solicitor, upon application to the Master.

70. In case the former solicitor neglects to file his bill of costs for taxation at the time required by the order served upon him, the party may, with the sanction of the Court, proceed in the cause by the new solicitor, without previous payment of such costs.

XX. Motion papers.

71. Motion papers are to set forth the style and object of, and the names and descriptions of the parties to, the cause or proceeding before the Court; the proceedings already had in the cause, and the dates of the same; the prayer of the party on whose behalf the motion is made, and briefly the circumstances on which it is founded.

72. If the motion papers tendered are deficient in any of the above particulars, the same shall not be received without permission of the Master.

73. The motion paper and the affidavit in support thereof and all original documents referred to in such affidavits shall be filed and left in the Central Office.

74. All bills of cost for business in matrimonial causes and matters shall be taxed by the Taxing Master.

75. After directions have been given as to the mode of hearing of trial of a cause, or in an earlier stage of a cause, where special circumstances are shown, the Court may, on the application by motion of a wife who is a petitioner or who has entered an appearance (unless the husband shall prove that the wife has sufficient separate estate or show other good reason) make an order directing him to pay her costs of the cause up to the date of such application, and her further costs de die in diem up to the trial or hearing, and directing the Taxing Master to tax such costs and at the time of such taxation (if directions as to the mode of hearing or trial have been given before such taxation) to ascertain and certify what is a sufficient sum of money to be paid into Court or what is a sufficient security to be given by the husband to cover the costs of the wife of and incidential to the hearing or trial of the cause.

76. In all cases in which the Court at the hearing of a cause condemns any party to the suit in costs, the solicitor of the party to whom such costs are to be paid may forthwith lodge his bill of costs and obtain an appointment for the taxation, provided that such taxation shall not take place before the time allowed for moving for a new trial shall have expired.

77. When the Taxing Master shall have signed his certificate of taxation or as to security, it may be lodged by the party obtaining the same in the Central Office, and the Master shall at once issue an order for payment of the amount or giving of security within seven days, and this order shall be served on the party liable or his solicitor, but unless by leave of the Court no sequestration to enforce such payment shall be issued.

78. When on the hearing or trial of a cause the decision of the Court or the verdict of the jury is against the wife, no costs of the wife of and incidental to such hearing or trial shall be allowed as against the husband, except such as shall be applied for, and ordered to be allowed by the Court at the time of such hearing or trial.

79. Where a party served with a citation does not appear within the time limited for appearance, upon the filing by the petitioner of a proper affidavit of service, the cause may proceed as if such party had appeared, but any pleadings or motions required to be served on such party shall be filed with the proper officer in the Central Office in lieu of service.

ORDER 71. THE LEGITIMACY DECLARATION ACT (IRELAND), 1868.

1. In this Order, "the Act" means the Legitimacy Declaration Act (Ireland), 1868.

2. Proceedings under the Act shall be commenced by petition, which shall be entitled—

"THE HIGH COURT

The Legitimacy Declaration Act (Ireland), 1868".

and shall be addressed—

"To The High Court"

3. Every petition under the Act shall be accompanied by an affidavit made by the petitioner verifying the facts and matters stated in such petition of which he has personal knowledge and deposing as to his belief in the truth of the other facts and matters alleged in the petition; and every such affidavit shall contain a denial of collusion with any persons or person; provided, however, that if the petitioner shall be an infant under the age of eighteen years, or a person of unsound mind, or if for any special reasons the petitioner is unable to make such an affidavit, the Court or the Master, on an affidavit stating the facts by reason of which it is desired that the petition should be verified by some person other than the petitioner, may by order allow the petition to be verified by some other person to be named in said order, and also allow such other person to make an affidavit denying collusion.

ORDER 72. THE SETTLED LAND ACTS, 1882 TO 1890.

1. (1) Words defined by the Settled Land Acts, 1882 to 1890 (in this Order referred to as "the Acts"), when used in this Order, shall have the same meanings as in the Acts.

(2) In this Order, the expression "tenant for life" includes any person having the powers of a tenant for life under the Acts.

2. (1) All applications to the Court under the Acts shall be made by special summons.

(2) Every such summons shall be entitled in the matter of the settlement, will, trust, or property (as the case may be) to which it relates, and in the matter of the statute under which the application is made, and shall in the special indorsement of claim, specify the section of the statute under which the relief is sought.

3. (1) The persons to be served with notice of applications to the Court shall, in the first instance, be as follows:—

( a ) in the case of applications by the tenant for life under the Settled Land Act, 1882, section 34, or the Settled Land Act, 1890, section 10, or of applications under the Settled Land Act, 1884, section 7 (ii): the trustees;

( b ) in the case of applications under the Settled Land Act, 1882, section 38: the trustees (if any) and the tenant for life (if not the applicant);

( c ) in the case of applications under the Settled Land Act, 1882, section 44: the tenant for life, or the trustees (as the case may be);

( d ) in the case of applications under the Settled Land Act, 1884, section 7 (iii): the trustees (if any) and the tenant for life (if not the applicant), and the person (if any) to whom leave has been given under section 7 (ii).

(2) No other person shall in the first instance be served. Except as hereinbefore provided where an application under the Acts is made by any person other than the tenant for life, the tenant for life alone shall be served in the first instance.

4. Except in the cases mentioned in rule 3, applications by a tenant for life shall not in the first instance be served on any person.

5. The Court may require notice of any application under the Acts to be served upon such persons as it thinks fit, and may give all necessary directions as to the persons (if any) to be served and such directions may be added to or varied from time to time as the case may require. If any person not already served is directed to be served with notice of an application, the application shall stand over generally, or until such time as the Court directs. The Court may in any particular case, upon such terms (if any) as it thinks fit, dispense with service upon any person upon whom under this Order, or under any direction of the Court any application is to be served.

6. It shall be sufficient upon any application under the Acts to verify by affidavit the title of the tenant for life and trustees or other persons interested in the application, unless the Court in any particular case requires further evidence.

7. Any sale authorised or directed by the Court under the Acts shall be carried into effect out of Court, unless the Court shall otherwise order, and generally in such manner as the Court may direct.

8. Where the Court authorises generally the tenant for life to make from time to time leases or grants for building or mining purposes under the Settled Land Act, 1882, section 10, the order shall not direct any particular lease or grant to be settled or approved by the Court, unless the Court shall consider that there is some special reason why such lease or grant should be settled or approved by it. Where the Court authorises any such lease or grant in any particular case, or where the Court authorises a lease under the Settled Land Act, 1890, section 10, the order may either approve a lease or grant already prepared, or may direct that the lease or grant shall contain conditions specified in the order, or such conditions as may be approved by the Examiner, without directing the lease or grant to be settled by the Court.

9. Any person directed by the tenant for life to pay into Court any capital money arising under the Acts may apply by special summons for leave to pay the money into Court.

10. The summons under rule 9 shall be supported by an affidavit setting forth—

( a ) the name and address of the person desiring to make the payment;

( b ) the place where he is to be served with notice of any proceeding relating to the money;

( c ) the amount of money to be paid into Court, and the account to the credit of which it is to be placed;

( d ) the name and address of the tenant for life under the settlement by whose direction the money is to be paid into Court;

( e ) the short particulars of the transaction in respect of which the money is payable.

11. The order made upon the summons for payment into Court may contain directions for investment of the money on any securities authorised by the Settled Land Act, 1882, section 21 (1), and for payment of the dividends to the tenant for life, either forthwith or upon production of the consent in writing of the applicant; the signature to such consent to be verified by the affidavit of a solicitor, If the transaction in respect of which the money arises, is not completed at the date of payment into Court, the money shall not, without the consent of the applicant, be ordered to be invested in any securities other than those upon which cash under the control of the Court may be invested.

12. Money paid into Court under the Acts shall be paid to an account to be entitled in the matter of the settlement, with a short description of the mode in which the money arises if it is necessary or desirable to identify it, and in the matter of the Acts.

13. Any person paying into the Court any capital money arising under the Acts shall be entitled first to deduct the costs of paying the money into Court.

ORDER 73. PAYMENT INTO COURT UNDER THE TRUSTEE ACT, 1893, AND THE SUPREME COURT OF JUDICATURE (IRELAND) ACT, 1877.

1. Where a trustee or other person desires to make a lodgment in Court under the Trustee Act, 1893, section 42, or under the Supreme Court of Judicature (Ireland) Act, 1877, section 28 (6), he shall make and file an affidavit entitled in the matter of the trust or debt (described so as to be distinguishable) and of the relevant Act and setting forth:—

( a ) a short description of the trust and of the instrument creating it, or of the debt, and how it arose;

( b ) the names of the persons interested in and entitled to or claiming the money, or securities, or debt, and their places of residence, to the best of his knowledge and belief;

( c ) his submission to answer all such inquiries relating to the application of the money or securities paid into Court, as the Court may make or direct;

( d ) the place where he is to be served with any summons, or order, or notice of any proceeding relating to the money or securities.

Such affidavit shall have annexed thereto a schedule as prescribed by Order 77, rule 29.

2. The person who has made the lodgment shall forthwith give notice thereof by post to the several persons whose names and places of residence are stated in his affidavit as interested in or entitled to or claiming the money or securities lodged in Court, or the debt.

3. The person who has made the lodgment shall be served with any summons claiming relief in respect of the money or securities.

4. Any person interested in or entitled to or claiming the money or securities shall be served with notice of any application made by the person who has made the lodgment.

5. When the rights of the persons entitled to money or securities lodged in Court under this Order are ascertained, the Court may direct payment or transfer to be made to the persons entitled.

ORDER 74. WINDING-UP OF COMPANIES.

I. Preliminary.

1 ..

1. (1) In this Order unless the context or subject matter otherwise requires—

"the Act" means the Companies Act, 1963 ;

"the company" means the company which is being wound up or in respect of which proceedings to have it wound up have been commenced;

"creditor" includes a company or corporation or a firm or partnership;

"debt proved" includes any debt which shall have been duly admitted without proof;

references to "Liquidator" shall, where appropriate, be construed as including "Official Liquidator".

(2) Words and expressions contained in this Order shall have the same meaning as in the Act.

(3) In this Order, a reference to a section or subsection is to that section or subsection in the Act unless it is indicated that reference to some other enactment is intended.

2 Application of this Order

2. Rules which from their nature and subject matter are, or which by the headings above the group in which they are contained or by their terms are made applicable only to the proceedings in winding up by the Court or only to such proceedings and to proceedings in a creditors' voluntary winding up, shall not apply to the proceedings in a voluntary winding up, or, as the case may be, in a members' voluntary winding up.

3 Assignment of Judge

3. All applications and proceedings (including petitions for winding up) in relation to every winding up under the Act shall be assigned to such Judge or Judges as the President of the High Court shall from time to time assign to hear such applications and proceedings but if such Judge or Judges shall be unable to dispose of such applications or proceedings, any other Judge or Judges of the High Court may dispose of any such application.

4 Use of forms

4. The forms in Appendix M (annexed hereto) where applicable, and where they are not applicable, forms of the like character, with such variations as circumstances may require, shall be used, and the forms referred to in this Order are those in the said Appendix M. The directions contained in any form shall be observed in relation thereto. Where such forms are applicable, any costs occasioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same, unless the Court shall otherwise direct.

II. Proceedings.

5 Title of proceedings

5. (1) Every petition, summons, notice, affidavit and other proceeding in a winding up matter shall with any necessary additions be entitled as in the Form No. 1 and where the company is in liquidation there shall be added after the name of the company the words "in liquidation".

(2) The first proceeding shall have a distinctive number assigned to it in the Central Office, and all proceedings subsequent to the first proceeding shall bear the same number as the first proceeding. Numbers and dates may be denoted by figures.

III. Service of documents in winding up by the Court.

6 ..

6. Service of all notices, motions and other documents other than those of which personal service is required, may be effected through the Central Office or by sending them by pre-paid post to the last known address of the person to be served therewith; and the notice, motion or document shall be considered served at the time that the same ought to have been delivered in the ordinary course of post. When any such notices, motions or other documents are served by sending them by pre-paid post, a certificate of posting shall be obtained from the Post Office and shall be conclusive evidence of such service.

IV. Petition to wind up a company.

7 ..

7. Every petition for the winding up of a company by the Court shall be in one of the Forms Nos. 2, 3 or 4.

8 ..

8. he petition shall be presented at and shall be retained in the Central Office. A sealed copy thereof shall be taken out by the petitioner or his solicitor and shall be used as if it were an original.

9 ..

9. he petition and sealed copy shall be brought to the office of one of the Registrars who shall appoint the time and place at which the petition is to be heard. Notice of the time and place appointed for hearing the petition shall be written on the petition and the sealed copy thereof and the Registrar may at any time before the petition has been advertised, alter the time appointed and fix another time.

10 Advertisement of petition

10. (1) Every petition shall be advertised seven clear days before the hearing, once in Iris Oifigiùil and once at least in two Dublin daily morning newspapers or in such other newspapers as the Registrar when appointing the time and place at which the petition is to be heard shall direct.

(2) The advertisement, which shall be in the Form No. 5, shall state the day on which the petition was presented, the name and address of the petitioner, and the name and registered place of business of his solicitor, and shall contain a note at the foot thereof stating that any person who intends to appear at the hearing of the petition, either to oppose or support, shall send notice of his intention to the petitioner, or to his solicitor, within the time and in the manner prescribed by rule 15, and an advertisement of a petition for the winding up of a company by the Court which does not contain such a note shall be deemed irregular.

11 Service of petition

11. Every petition shall, unless presented by the company, be served on the company at the registered office of the company, and if there is no registered office, then at the principal or last known principal place of business of the company if any such can be found, by leaving a copy with any member, officer or servant of the company there, or in case no such member, officer or servant can be found there, then by leaving a copy at such registered office or principal place of business, or by serving it on such member or members of the company as the Court may direct and when the company is being wound up voluntarily, every such petition shall also be served upon the liquidator appointed for the purpose of winding up the affairs of the company.

12 Verification of petition

12. Every petition for the winding up of a company by the Court shall be verified by affidavit. Such affidavit which shall be in one of the Forms Nos. 6 or 7, shall be made by the petitioner, or by one of the petitioners if more than one, or in case the petition is presented by a corporation or company, by some director, secretary or other officer thereof, and shall be sworn after and filed within four days after the petition is presented, and such affidavit shall be sufficient prima facie evidence of the statements in the petition.

13 Copy of petition

13. Every contributory or creditor of the company shall be entitled to be furnished by the solicitor of the petitioner with a copy of the petition within twenty-four hours after making the request for such copy on paying for it at the rate specified in Order 117.

V. Provisional liquidator.

14 Appointment of provisional liquidator

14. (1) After the presentation of a petition for the winding up of a company, the Court, upon the application of a creditor, or of a contributory or of the company, and upon proof by affidavit of sufficient ground for the appointment of a provisional liquidator and without advertisement or notice to any person (unless the Court shall otherwise direct) may, upon such terms as in the opinion of the Court shall be just and necessary, make the appointment.

(2) The order appointing the provisional liquidator shall state the nature and a short description of the property of which the provisional liquidator is ordered to take possession, and the duties to be performed by the provisional liquidator.

(3) Subject to any order of the Court, if no order for the winding up of the company is made upon the petition, or if an order for the winding up of the company is rescinded or if all proceedings on the petition are stayed, the provisional liquidator shall be entitled to be paid out of the property of the company all the costs, charges and expenses properly incurred by him as provisional liquidator, including such sum as the Court may fix for his remuneration and may retain out of such property the amount of such costs, charges and expenses.

VI. Hearing of petitions and orders made thereon.

15 Hearing of petition and appearances thereon

15. Every person who intends to appear on the hearing of a petition shall serve on, or send by post to, the petitioner or his solicitor at the address stated in the advertisement of the petition, notice of his intention. The notice shall contain the address of such person, and shall be signed by him, or by his solicitor and shall be served, or if sent by post, shall be posted in such time as in the ordinary course of post to reach the address not later than five o'clock in the afternoon of the day previous to the day appointed for the hearing of the petition. The notice may be in the Form No. 8. A person who has failed to comply with this rule shall not, without the special leave of the Court, be allowed to appear on the hearing of the petition.

16 ..

16. he petitioner, or his solicitor, shall prepare a list in the Form No. 9 of the names and addresses of the persons who have given notice of their intention to appear on the hearing of a petition, and of their respective solicitors. On the day appointed for hearing the petition, a copy of the list (or if no notice of intention to appear has been given, a statement in writing to that effect) shall be handed by the petitioner, or his solicitor, to the Registrar prior to the hearing of the petition.

17 ..

17. Affidavits in opposition to a petition that the company may be wound up under the order of the Court shall be filed within seven days after the publication of the last of the advertisements required by rule 10, and notice of the filing of every affidavit in opposition to such a petition shall be given to the petitioner, or his solicitor, on the day on which the affidavit is filed.

18 ..

18. When a petitioner consents to withdraw his petition, or to allow it to be dismissed, or the hearing adjourned, or fails to appear in support of his petition when it is called in Court on the day originally fixed for the hearing thereof, or on any day to which the hearing has been adjourned, or if appearing, does not apply for an order in the terms of the prayer of his petition, the Court may, if, and upon such terms as it shall deem just, substitute as petitioner any person who would have a right to present a petition, and who desires to prosecute the petition.

19 Winding up order

19. An order to wind up a company or for the appointment of a provisional liquidator shall contain at the foot thereof a notice stating that it will be the duty of the persons who are liable to make out or concur in making out the company's statement of affairs to attend before the Court at such time and place as the Court may appoint and to give to the Court all information which the Court may require.

20 ..

20. Every order for the winding up of a company by the Court which (subject to rule 19 hereof) may be in the Form No. 10, shall within twelve days after the date thereof, or within such extended time as may be allowed by the Court, be advertised in the Form No. 11 by the petitioner once in Iris Oifigiùil, and in each of the newspapers in which the petition was advertised, unless the Court shall otherwise direct and shall be served upon such persons (if any) and in such manner as the Court may direct.

21 ..

21. A copy of every order for the winding up of a company certified by the petitioner or his solicitor to be a true copy shall be left by him at the Examiner's Office within ten days after the same shall have been perfected, and in default thereof any other person interested in the winding up may leave the same, similarly certified, and the Court may give the carriage and prosecution of the order to such person. Upon such order being left, a notice to proceed under the order shall be taken out and served upon all parties who appeared upon the hearing of the petition. Upon the return day of such notice to proceed, a time shall be fixed for the proof of debts and for the list of contributories to be brought in, and directions may be given as to the advertisements to be issued for all or any of such purposes, and generally as to the proceedings and parties to attend thereon. The proceedings under the order shall be continued by adjournment and when necessary, by further notice and any directions as aforesaid may be given, added to, or varied at any subsequent time as may be found necessary.

22 ..

22. A copy of every order for winding up a company certified by the petitioner or his solicitor to be a true copy shall be served upon the company be pre-paid letter addressed to its registered office (if any) or if there is no registered office at its principal or last known principal place of business or upon such other person or persons or in such other manner as the Court may direct. This shall not apply when the company is the petitioner.

23 Notice to the sheriff

23. For the purposes of section 292notice that (1) a winding up petition has been presented, or (2) a winding up order has been made, or (3) a provisional liquidator has been appointed, or (4) a meeting has been called at which there is to be proposed a resolution for the voluntary winding up of the company, or (5) a resolution has been passed for the voluntary winding up of the company, shall be in writing and shall be addressed to the sheriff and may be served by being delivered by hand, or by registered post, at his office.

VII. Statement of affairs.

24 Preparation of statement of affairs

24. (1) A person who under section 224 has been required by the Court to submit and verify a statement of affairs of a company shall make out such statement in duplicate one copy of which shall be verified by affidavit. The verified statement of affairs shall be filed in the Central Office.

(2) The Court may from time to time require any such person as is mentioned in paragraphs (a), (b), (c) or (d) of subsection (2) of section 224 to attend before the Court on a date fixed by the Court for the purpose of requiring him to give such information in relation to the company as the Court may think fit and it shall be the duty of every such person to attend at the Court at such time and place and to give to the Court all information that the Court may require.

(3) When any person requires any extension of time for submitting the statement of affairs, he shall apply to the Court for such extension.

25 ..

25. A person who is required to make or concur in making any statement of affairs of a company, shall before incurring any costs or expenses in and about the preparation and making of the statement, apply to the Official Liquidator for his sanction and submit a statement of the estimated costs and expenses which it is intended to incur and if there shall be no Official Liquidator, shall apply to the Court; and, except by order of the Court, no person shall be allowed out of the assets of the company any costs or expenses which have not, before being incurred, being sanctioned by the Official Liquidator or the Court.

26 Dispensing with statement of affairs

26. (1) Any application to dispense with the requirements of section 224 shall be supported by a report of the Official Liquidator showing the special circumstances which, in his opinion, render such a course desirable.

(2) When the Court has made an order dispensing with the requirements of the said section, it may give such consequential directions as it may see fit and, in particular, may give directions as to the sending of any notices which are by this Order required to be sent to any person mentioned in the statement of affairs.

27 ..

27. Every statement of affairs shall be in the Form No. 13.

28 ..

28. (1) Unless the Court shall otherwise order, the Official Liquidator shall, as soon as practicable, send to each creditor mentioned in the company's statement of affairs and to each person appearing from the company's books or otherwise to be a contributory of the company a summary of the company's statement of affairs including the causes of its failure and any observations thereon which the Official Liquidator may think fit to make.

(2) When prior to the winding up order the company has commenced to be wound up voluntarily, the Official Liquidator may, if in his absolute discretion he thinks fit to do so, send to the persons aforesaid or any of them an account of such voluntary winding up showing how such winding up has been conducted and how the property of the company has been disposed of.

VIII. Appointment and duties of Official Liquidator.

29 ..

29. he Court may appoint a person to the office of Official Liquidator without previous advertisement or notice to any party or fix a time and place for the appointment of an Official Liquidator and may appoint or reject any person nominated at such time and place and appoint any person not so nominated.

30 ..

30. When the time and place are fixed for the appointment of an Official Liquidator, such time and place may be advertised in such manner as the Court shall direct so that the first or only advertisement shall be published within fourteen days and not less than seven days before the day so fixed.

31 ..

31. An Official Liquidator shall give security by entering into a bond which shall be in the Form No. 22 in Appendix G with two or more sufficient sureties in such sum as the Court may approve and the Court may accept as a sole surety any company carrying on business in Ireland and having power to enter into guarantees in lieu of two or more sufficient sureties if such company has deposited moneys in Court under the Insurance Acts, 1909 to 1964. The Court may authorise an Official Liquidator to act as such without giving security for such time as the Court may fix.

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32. An Official Liquidator shall be appointed by order which may be in the Form No. 12, and unless he shall have given security, a time shall be fixed by such order within which he is to do so, and the order shall fix the times or periods at which the Official Liquidator is to leave his accounts of receipts and payments at the Examiner's Office and shall direct that all moneys to be received shall be paid into the Bank within seven days after the receipt thereof to the account of the Official Liquidator of the company, and an account shall be opened there accordingly, and an attested copy of the order shall be lodged at the Bank.

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33. When an Official Liquidator has given security pursuant to the direction in the order appointing him, the bond shall be filed in the Central Office and the proper officer in the Central Office shall indorse on the order appointing such Official Liquidator a certificate that the bond has been filed.

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34. An Official Liquidator shall on each occasion of passing his account and also when the Court may so require, satisfy the Court that his sureties are living and resident in Ireland and have not been adjudged bankrupt or become insolvent or that any company accepted as aforesaid is still in existence and is not in course of being wound up or dissolved and in default thereof he may be required to enter into fresh security within such time as shall be directed.

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35. Every appointment of an Official Liquidator shall be advertised in such manner as the Court shall direct immediately after he has given security.

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36. In case of the death, removal or resignation of an Official Liquidator, another shall be appointed in his place in the same manner as in the case of a first appointment and proceedings for that purpose may be taken by such party as may be authorised by the Court.

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37. An Official Liquidator shall with all convenient speed after he is appointed proceed to make up, continue, complete, check and rectify the books of account of the company in such manner as may be necessary or as the Court may direct.

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38. The Official Liquidator of a company, or any member of the committee of inspection of a company, or any other person employed in or in connection with the winding up of the company shall not under any circumstances whatever accept from or arrange to accept from any solicitor, auctioneer or other person connected with the company any gift, gratuity, remuneration, emolument, or pecuniary or other consideration or benefit whatever in addition to or apart from such remuneration as he may properly be entitled to under the provisions of the Act or this Order; nor shall any such person so employed as aforesaid give up or arrange to give up to any such solicitor, auctioneer or other person any portion of his proper remuneration.

39 ..

39. The Official Liquidator or any member of the committee of inspection of a company shall not, while acting as liquidator or member of such committee, except by leave of the Court, either directly or indirectly, by himself or any employer, partner, clerk, agent or servant, become purchaser of any part of the company's assets. Any such purchase made contrary to the provisions of this rule may be set aside by the Court on the application of any creditor or contributory in any winding up.

40 Restriction on purchase of goods by Official Liquidator

40. Where the Official Liquidator carries on the business of the company, he shall not, without the express sanction of the Court, purchase goods for the carrying on of such business from any person whose connection with him is of such a nature as would result in his obtaining any portion of the profit (if any) arising out of the transaction.

41 Costs of obtaining sanction of the Court

41. In any case in which the sanction of the Court is obtained under rules 39 or 40, the cost of obtaining such sanction shall be borne by the person in whose interest such sanction is obtained and shall not be payable out of the company's assets.

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42. If an Official Liquidator is adjudicated a bankrupt, his office shall be vacated and he shall be deemed to have been removed as of the date of adjudication.

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43. Upon an Official Liquidator resigning, or being removed from his office, he shall deliver over to the new Official Liquidator all books kept by him and all other books, documents, papers and accounts in his possession relating to the office of Official Liquidator. An Official Liquidator shall not be released unless and until he has delivered over to the new Official Liquidator all the books, papers, documents and accounts which he is by this rule required to deliver on his resignation or removal as aforesaid.

44 Proceeds of sale of the company's assets

44. Where property forming part of the company's assets is sold by an Official Liquidator through an auctioneer or other agent, the gross proceeds of the sale shall be paid over by such auctioneer or agent to the Official Liquidator and the charges and expenses connected with the sale shall afterwards be paid to such auctioneer or agent upon an order of the Court for the payment thereof. Every Official Liquidator by whom such auctioneer or agent is employed shall, unless the Court otherwise orders, be accountable for the proceeds of such sale.

45 Description and remuneration of Official Liquidator

45. An Official Liquidator shall be described in all proceedings by the style of the Official Liquidator of the particular company in respect of which he is appointed.

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46. An Official Liquidator shall be allowed in his accounts or otherwise paid, such salary or remuneration as the Court may from time to time direct and in fixing such salary or remuneration the Court shall have regard to any necessary employment of accountants, assistants or clerks by him. Such salary or remuneration may be fixed either at the time of his appointment or at any time thereafter. Every allowance of such salary or remuneration, unless made at the time of his appointment or upon passing an account, may be made upon application for that purpose by the Official Liquidator on notice to such persons (if any) and shall be supported by such evidence as the Court shall require. The Court may from time to time allow such sum (if any) as the Court shall think fit to the Official Liquidator on account of the salary or remuneration to be thereafter allowed. The Court may direct that an inquiry be held by the Examiner or the Master as to the salary or remuneration of the Official Liquidator and that the Examiner or the Master (as the case may be) do report thereon to the Court. The Master shall have the same powers as the Examiner in conducting any such enquiry.

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47. Where an Official Liquidator receives remuneration for his services as such, no payment shall be allowed in his accounts in respect of the performance by any other person of the ordinary duties which should have been performed by the Official Liquidator.

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48. he accounts of an Official Liquidator shall be left at the Examiner's Office or with the Master's Registrar (as the case may be) at the times directed by the order appointing him, and at such other times as may from time to time be required by the Court, and such accounts shall from time to time be passed and verified in such manner, and upon notice to such parties (if any) as the Court may direct.