Courts Of Justice Act, 1924.

RULES OF THE CIRCUIT COURT OF JUSTICE. 08/02/1930: CIRCUIT COURT RULES

I, JAMES FITZGERALD-KENNEY, Minister for Justice, by virtue of the powers conferred upon me by Section 65 of the Courts of Justice Act, 1924 , and of all other powers enabling me in this behalf, with the concurrence duly obtained of the Minister for Finance, and of a majority of the Committee constituted pursuant to the provisions of the said section, do hereby make the annexed Rules of the Circuit Court.

Dated this 8th day of February, 1930.

JAMES FITZGERALD-KENNEY,

Minister for Justice.

CONTENTS.

CIRCUIT COURT OF JUSTICE.

RULES OF COURT.

INTRODUCTORY.

Title.

These Rules may be cited as The Circuit Court Rules

Definitions.

In these Rules:

"the Act" means the Courts of Justice Act, (No. 10 of 1924), and any Act extending, altering, varying, or amending the same.

the expression "the Minister" shall mean the Minister for Justice.

"the Court" shall mean the Circuit Court as that expression is used in the Act.

"the Judge" shall, save where otherwise expressly stated, mean a Judge of the Circuit Court or a lawfully appointed Assistant or Deputy.

"Civil Bill" shall mean the document by which ordinary civil proceedings are originated in the Court.

"County Registrar" includes any temporary deputy county Registrar and any person appointed to act as such Registrar or deputy.

"Judgment" shall mean the decision of the Court in any proceeding.

"Decree" shall mean the Order of the Court embodying its judgment.

"Matter" shall mean any proceeding in the Court commenced otherwise than by Civil Bill.

"Under Sheriff" shall include County Registrar where the context so permits.

"Summons" shall mean any document other than a Civil Bill or Petition by which any person is required to attend before or to submit himself to the Jurisdiction of the Court.

"Office" and "the office" shall mean the Office of the Court in any County.

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

"month" shall mean Calendar month. "days" when not expressed to be "clear days" shall be exclusive of the first and inclusive of the last of such days.

"Solicitor" shall include a firm of Solicitors, or any partner therein.

ORDER I. SITTINGS, LANGUAGE, OFFICE HOURS, EXERCISE OF JURISDICTION, ETC.

Sittings to be published beforehand.

1. Sittings of the Court shall be held at the places within each Circuit set forth in the First Schedule to these Rules, and at such times as the Judges shall from time to time direct and appoint;provided that notice of such sittings in every County save Dublin shall be published in Iris Oifigiúil and in a newspaper circulating in the County not later than two months before the date thereof.

August and September vacation months.

2. No sittings of the Court shall be held during the months of August and September which shall be observed as vacation, but nothing herein contained shall be construed to prevent the making of applications of an urgent nature to a Judge at any time approved by him or to prevent or postpone the discharge of ordinary business in the Office in compliance with these Rules.

Court Seal to authenticate documents.

3. The Court shall have for use in each County an embossing Seal with an appropriate inscription as directed by the Minister specifying the number of the Circuit and the County within the Circuit in connection with which it is to be used. Such seal shall be placed and retained in the Custody of the County Registrar and used by him as prescribed. It shall not hereafter be necessary that any Decree or Order be signed by the Judge but all such documents shall be authenticated by the Seal of the Court together with the signature of the County Registrar.

Language.

4. Either the National Language or the English Language may be used in proceedings in the Court.

Days and hours of business.

5. The Offices of the Court shall be open to the Public for the transaction of business on every week-day between the hours of 10 a.m. and 4 p.m. with the exception of all such days as may be proclaimed by lawful authority to be public holidays.

Half-holiday.

The County Registrar may, however, direct that the office under his control be closed at 1 p.m. on Saturday or on whatever day is customarily observed as the weekly half-holiday in the town in which such office is situated.

Exercise of jurisdiction.

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

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

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

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

(iv.) under the lunacy jurisdiction in the County where the person alleged to be of unsound mind ordinarily resides;

(v.) if the plaintiff so elects, in any action founded on contract, whether the claim be to enforce, rescind, dissolve or annul the contract, or for damages or other relief for the breach thereof, in the County within which the contract was made;

(vi). in all other cases, in the County where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business, or occupation.

ORDER II. COMMENCEMENT OF PROCEEDINGS.

Civil Bill.

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

Equity suits.

2. Every Equity suit shall be commenced by a Civil Bill which shall be headed Equity Civil Bill; such Equity Civil Bill shall state as concisely as possible the facts constituting the Plaintiff's claim.

Title Jurisdiction.

3. All Civil Bill Ejectments on the title, and Civil Bills for the purpose of trying questions of title shall be headed with the words "Title Jurisdiction"; in every such Civil Bill it shall be stated that the annual value or rent (as the case may be) of the lands does not exceed £60.At the hearing of any such case of title the Plaintiff may be required by the Judge to produce a map of the lands.

Title of the proceedings in Civil Bill.

4. The Civil Bill shall state:

(a) The christian name, surname, occupation and residence or place of business of the plaintiff;

(b) The surname of the defendant by which he is known to the plaintiff,his residence or place of business, and, where known, his christian name or initials, and his occupation, and if the defendant is sued in a representative capacity,the capacity in which he is sued.

Time for appearance.

5. The Civil Bill shall call upon the defendant to enter an appearance within a stated time after service (which shall not be less than 10 days) to answer the claim of the plaintiff, and shall warn him of the consequences of failure to do so.

Particulars to be given in Civil Bill.

6. Every Civil Bill shall be signed by the Plaintiff or by or in the name of his Solicitor and shall be endorsed with particulars of the Plaintiff's demand so as to

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

(b) Where there is more than one claim show like particulars of each claim to those in paragraph (a), and the relief sought in respect of each shall be stated separately.

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

(d) Where the plaintiffsues in a representative capacity, show the capacity in which he sues.

(e) Where the plaintiff sues as an Assignee, show the name, address, and description of the Assignor at the date of the assignment, and the date of the assignment.

Costs to be claimed in case of settlement before entry.

7. Whenever the demand in a Civil Bill is for a liquidated sum only the amount claimed for costs of the proceeding shall be stated and a note added for the information of the Defendant that upon payment of the amount of such demand and costs within six days after service of the Civil Bill all further proceedings will be stayed.

The amount to be claimed for costs as aforesaid shall be :

If the demand does not exceed £5. Ten shillings.

" exceeds £5, but does not exceed £25. £1 10s.

" exceeds £25, but does not exceed £50. £2.

" exceeds £50. £3.

ORDER III. PARTIES.

Joinder of Plaintiffs.

1. All persons may be joined in one action as plaintiffs in whom any right to relief in respect of or arising out of the same 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 a motion on notice by any defendant, it shall appear that such joinder may embarrass or delay the trial, the Court may order separate trials, or make such other order as may be expedient, and provided also that no person shall be made a plaintiff without his consent.

Joinder of defendants,

2. All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative.

Not necessarily interested in entire proceedings.

3. It shall not be necessary that every defendant shall be interested as to all the relief sought, or as to every cause of action included in any proceeding against him ; but the 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.

Joint and several liability.

4. 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.

Infants.

5. An infant may sue by his next friend and may defend by his guardian ad litem appointed for that purpose.

Persons of unsound mind.

6. A lunatic or person of unsound mind not so found by inquisition may respectively sue by his committee or next friend, and may defend by the committee or by the guardian ad litem appointed for that purpose.

Plaintiff in doubt may join all parties appearing to be interested.

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.

Trustees and executors.

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, foreclosure, or otherwise.

Representative plaintiffs or defendants.

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

Parties in questions of title to land.

10. Where proceedings are taken for the recovery of land all the persons in whom the title is alleged to be shall be named as Plaintiffs, and the person or persons alleged to be in possession or apparent possession of the lands sought to be recovered shall be Defendant or Defendants.

In ejectment proceedings other parties interested may defend by leave.

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

Defendant outside the Circuit.

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

ORDER IV. JOINDER OF CLAIMS.

Claims not inconsistent may be joined.

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

Only claims, for rent, etc. may be joined in ejectment proceedings.

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

No joinder of other claims in equity suits.

3. No other cause of action shall be joined with any equity suit.

ORDER V. PARTICULARS AND STATEMENT OF CLAIM.

Particulars in proceedings founded on bills or notes.

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

Particulars in rent cases.

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

Proceedings founded on other documents.

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

Abandonment of excess to bring claim within the jurisdiction.

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

Running accounts; particulars to be given.

5. In all proceedings for the recovery of book or shop debts or other running accounts the plaintiff shall furnish full particulars of his demand within a reasonable period before or at the time of the service of the civil process unless the Court shall consider it to have been unnecessary.

Particulars as to co-partners.

6. Any two or more persons claiming or being sued as co-partners may sue or be sued in the name of the firm of which such persons were co-partners at the time of the accruing of the cause of action ; and, in any such case, any party may by notice require from the party so suing or sued a statement of the names and places of residence of the persons who were at the time of the accruing of the cause of action co-partners in any such firm.

Parties may obtain copies of documents and inspect the originals.

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

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

Further particulars.

8. Either party to a proceeding may also at the times specified in the last preceding rule by notice in writing require the other party to furnish such further information as is reasonably necessary as to any specified matters arising upon the claim in a Civil Bill or upon the Defence as the case may be.

Powers of Court in case of non-compliance.

9. When particulars or further information have not been furnished in compliance with the preceding rules the Court may, upon such terms as to costs or otherwise as shall seem fit, adjourn the case and order sufficient particulars to be delivered. In case of failure to comply with such order the Court may stay the proceedings or strike out the defence as the case may be.

Infants: change of next friend and care of property.

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

ORDER VI. SERVICE AND ENTRY.

Issue of Civil Bill.

1. A Civil Bill shall be deemed to be issued when it is handed to or sent by post to a Summons Server for service on the Defendant or Defendants.

Invalid until properly stamped.

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

To be served by Summons Server. Fixed service fee.

3. A copy of the Civil Bill or other document by which proceedings in the court are instituted shall be served by one of the Officers duly appointed as Summons Servers by the County Registrar. A Summons Server shall not accept for service any document purporting to be a Copy of a Civil Bill unless the original of such Civil Bill duly stamped as mentioned in the last preceding rule be at the same time handed to him to be shown to the Defendant or other person to be served at the time of service. The fee payable to such Summons Server shall be the sum of 3/- in respect of each separate service effected but where the Civil Bill is served upon two or more Defendants residing in the same household only one service fee shall be payable.

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

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

Summons Servers to compare copies and endorse service on the original.

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

Proof of identity may be required.

6. Where personal service is prescribed and has been effected and the Summons Server does not know of his own knowledge that the person served is the person named for personal service satisfactory proof of the identity of the person so served may be required.

Proof of service by affidavit or declaration.

7. Proof of service of any document may be given by affidavit or by statutory declaration which may be endorsed on the original document.

Substituted service in suitable cases.

8. In any proceeding where it shall be shown to the Court by Affidavit or by examination on oath in open Court that service of any Civil Bill or other document as prescribed by Rule 4 hereof, is or will be impracticable whether as a result of forcible resistance, through reasonable apprehension of personal injury to the Summons Server or by reason of any other cause deemed sufficient by the Court, or that any Defendant is evading service, the Court may order that service to be effected by sending a copy of the document by post addressed to the said Defendant at his last known place of residence, or by serving the said document upon some other person who is acting in the capacity of agent for the Defendant and is believed to be in communication with him, be good and sufficient service of the said Civil Bill or other document upon the said Defendant. A copy of the Order giving leave to effect service in the manner specified in the particular case shall accompany the copy of the document so served and a time shall be limited by the Court in its order within which the Defendant may enter an appearance or comply with the requirements of such order.

Return of original documents by Summons servers.

9. A Summons Server shall within four days after service return the original document properly endorsed as prescribed by Rule 5 hereof to the Solicitor or other person by whom the same was issued.

Service if imperfect may be deemed good in suitable cases.

10. Where service has been effected but is for any reason defective the Court upon special application being made and for good cause shown may deem such service good.

Power of Court to give directions as to conduct of proceedings.

11. The Court may order which party is to have the conduct of any proceedings, and upon the application of any interested party may give directions as to the manner in which any step is to be taken or anything to be done, and may deal with the costs of any such application as it shall think fit.

Entry of Civil Bills.

12. The originals of all Civil Bills intended for entry or to be proceeded on shall be lodged at the Office within twelve days after service with a request for entry duly stamped in each case.

Special leave required for late entry.

13. No Civil Bill shall without special leave granted by the Court, or by the County Registrar in the absence of the Judge, be accepted at the office for entry after the time specified in the last preceding rule.

Service by a person other than a Summons Server.

14. In special circumstances and for good cause shown the Court may permit service of any Civil Bill or other document to be effected by a person other than a Summons Server, and in such case the service of a Civil Bill shall be deemed to be the institution of the proceedings.

Consent under Sec. 48 (1) of the Act to be lodged.

15. The Consent prescribed by Section 48 (1) of the Act shall be in the form set forth in the Second Schedule and shall be lodged with the County Registrar before the hearing.

ORDER VII. APPEARANCE AND DEFENCE.

Service and entry of appearance; may be effected by post.

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

Procedure as to appearance where defendant is under a disability.

2. Where no appearance has been entered to a Civil Bill or other originating document for a defendant who is an infant, or a person of unsound mind not so found by inquisition, the plaintiff shall before further proceeding with the action against the said defendant, move in the manner prescribed for an order that some proper person be assigned guardian ad litem of such defendant by whom he may appear and defend, but no such order shall be made unless it appears on the hearing of the application that the originating document was duly served, that the application was instituted after the expiration of the time allowed for appearance, and that the Civil Bill was served upon or left at the dwellinghouse of the person with whom, or under whose care such defendant was at the time of serving the same.

Service and entry of Defence.

3. A Defendant who has entered an appearance as aforesaid shall within the further period of ten days thereafter give or send by post to the Plaintiff or his Solicitor and lodge with or send by post to the County Registrar a notice in writing setting forth briefly the grounds upon which he so intends to defend.

Defence to be clear and unambiguous.

4. The Notice of Defence to be given or sent to the Plaintiff or his Solicitor and lodged with the County Registrar as aforesaid shall state clearly the precise grounds upon which the Defendant disputes the Plaintiff's claim and no defence shall be admitted to defeat the claim or any part thereof unless in the opinion of the Court it could fairly have been inferred from the particulars given in the Notice of Defence.

Set-off or counter-claim in proceedings other than for rent.

5. Any Defendant may in the case of any ordinary Civil Bill other than an action for rent set off by way of defence any debt or liquidated demand or set up by way of counter-claim any claim for any debt, demand or damages whether liquidated or unliquidated for which he alleges the Plaintiff to be liable to him. Such full and complete particulars regarding the set off or counter-claim shall be furnished in the notice of defence as if the said Defendant as Plaintiff were instituting proceedings by Civil Bill against the Plaintiff.

Set-off in rent cases.

6. Where a Defendant intends to set up as a defence to any claim for rent a deduction or set-off in respect of debts due by the landlord to the tenant under the 48th Section of the Landlord and Tenant Law Amendment Act (Ireland), 1860, and intends to rely upon the provisions of Section 40 of the same Act he shall lodge in Court at the time of entering his defence the money tendered by him as thereby directed and shall give notice of such lodgment with his defence.

Tender not available as defence without lodgment in Court.

7. Where the defence to a Civil Bill is a tender, such defence shall not be available unless the Defendant lodges in Court at the time of entry of his defence the amount alleged to have been tendered, together with the costs of the proceedings up to the time of tender if the same was made after issue of the Civil Bill.

Justification defence in title cases.

8. When any defendant in any action of trespass or in any action (other than an action to recover land) brought under the title jurisdiction, intends to rely upon a justification of the acts complained of as having been done in exercise of any alleged right he shall in his notice of defence define and give full particulars of such alleged right.

Lodgment in satisfaction.

9. Any defendant may with his defence lodge in Court an amount which he alleges is sufficient to satisfy the Plaintiff's claim, and such lodgment may be with an admission or denial of liability.

Acceptance.

10. The Plaintiff may within six days after such lodgment as aforesaid serve notice on the Defendant that he accepts the amount so paid in which notice shall operate as a stay of all further proceedings and a settlement of the Plaintiff's claim save as to costs.

Payment out after acceptance.

11. Where the Plaintiff accepts the amount paid in as mentioned in the last preceding rule payment thereof shall be made to him without the necessity for any formal decree or order by the Court upon his lodging with the County Registrar a signed notice of acceptance of such amount in full satisfaction of his claim.

Plaintiff's liability for costs in case of non-acceptance.

12. If the Plaintiff does not accept the amount paid in with an admission or denial of liability, within the time named, he shall be liable for all costs thereafter incurred in respect of the action or claim, unless he obtains judgement for a greater amount than that paid in exclusive of costs. If any costs are awarded to the Defendant under this rule such costs shall be deducted from the amount lodged in Court and shall be paid to the Defendant before payment of the balance (if any) to the Plaintiff.

Disclaimers, etc., in equity suits.

13. Any defendant in an equity suit may in his defence disclaim any interest in the subject-matter of the suit, or admit or deny any of the statements in the Plaintiff's Civil Bill, or may raise any question of law on such statements without admitting the truth thereof, or, he may therein state concisely any new fact or document on which he intends to rely as a defence or which he intends to bring to the notice of the Court.

Payment into Court in Equity suits.

14. Where in any equity suit a defendant intends to rely upon payment made by him into Court he shall give notice thereof in his defence.

Defendant to be bound by defence.

15. A defendant shall be bound by any statements contained in his defence whether the defence was entered by a, Solicitor on his behalf or not and may at the hearing (if any) be cross-examined in connection therewith.

Entry of late appearance.

16. No appearance shall unless by leave of the Court, or of the County Registrar in the absence of the Judge, be accepted for entry at the office after the time specified in Rule 1 hereof.

Entry of late defence ; no defence unless appearance previously entered.

17. No defence shall be entered after the time specified in Rule 3 without the special leave of the Court, or of the County Registrar in the absence of the Judge, and no defence shall be entered unless the Defendant has previously entered an appearance as required by these rules.

ORDER VIII. COUNTY REGISTRAR.

County Registrar the proper officer and responsible for conduct of the office.

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

Power to take affidavits and administer oaths, and powers of Examiner in the High Court.

2. The County Registrar shall have power to administer oaths and to take affidavits. He shall take or cause to be taken all such accounts and enquiries as may be ordered by the Court and shall certify the result thereof to the Court on completion, and for this purpose he shall have all the powers of the Examiner in the High Court of Justice.

Advertisements.

3. The County Registrar shall have power to settle or approve of all such advertisements as may be necessary or desirable and may arrange for the insertion thereof in such publications as he shall think necessary.

Power to summon and examine witnesses ; to tax and measure costs.

4. The County Registrar may summon to attend before him and may examine on oath any party to any proceeding or any witness whose attendance in connection with any of the duties or powers imposed upon or conferred upon him by statute or otherwise he may deem necessary. He shall have power to tax all Bills of Costs and shall certify the amount properly and justly due thereon, and in any case in which the prescribed scales of costs are not appropriate or suitable he may it requested or if he considers it desirable measure the costs by fixing a reasonable lump sum in respect of any particular application or item.

Costs after notice of discontinuance or acceptance of sum lodged with defence.

5. Subject to an appeal to the Court the County Registrar may deal with all questions of costs in any proceeding arising after service of a notice of discontinuance or after acceptance by a Plaintiff of a sum lodged in Court by a Defendant with his defence,

ORDER IX. ORDERS ON FORMAL MATTERS, AND SIDE-BAR APPLICATIONS.

Side-bar orders on purely formal applications

1. On lodgment of the requisite documents and payment of the prescribed fees application may be made in the Office in respect of the following matters and orders may he made thereon in the manner heretofore customary in the High Court in regard to Side-Bar applications:—

(i) For the appointment of a Guardian ad litem of an infant or of a person of unsound mind not so found.

(ii) For plaintiff, lately a minor, to proceed in his own name, he having attained full age.

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

(iv) To discharge a receiver over lands sold by the Court.

(v) That a party do furnish a rental.

(vi) To receive a submission to arbitration and to appoint an arbitrator or umpire.

(vii) To confirm an award nisi.

(viii) To confirm an award absolutely.

(ix) To make a conditional order absolute on certificate of no cause.

(x) To proceed compromise off.

(xi) To receive a consent for judgement and make the same a rule of Court where there are no terms or conditions.

(xii) To substitute the name of a Plaintiff or Defendant where there has been any change by death; assignment or otherwise.

ORDER X. SITTINGS IN CHAMBERS AND INTERLOCUTORY APPLICATIONS.

Chamber applications and hearing.

1. Applications which in the opinion of the Judge would be more conveniently and expeditiously disposed of in Chamber than in open Court may be made to and heard by the Judge in Chambers, and the Judge when sitting in Court may adjourn any matter for consideration in Chambers or vice versa.

Ex parte applications.

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

The orders for which application may be made under this rule are as follow:

(a) the production of any deed;

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

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

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

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

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

(g) a view of any premises that may be in dispute;

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

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

(j) an injunction pending hearing in open Court;

(k) garnishee;

(l) receiver by way of equitable execution;

(m) service out of Saorstát Eireann;

(n) an extension or abridgment of time for taking any step or doing any act;

(o) receiving a consent and making the same a rule of Court;

(p) appointment of an examiner to take evidence or the taking of evidence on Commission.

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

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

Urgent applications,

4. The Judge may sit at any time or at any place to hear any urgent application or any application as to the discharge of any person in custody committed for contempt of Court or otherwise, and may make such order thereon as he might make if sitting in open Court.

ORDER XI. DISCONTINUANCE.

Procedure as to costs.

1. Where any Plaintiff desires to discontinue any proceeding as against all or any of the parties thereto he may give notice in writing thereof to the party or parties as to whom he so desires to discontinue, and pay or tender therewith the costs necessarily and properly incurred by such party or parties up to the delivery of such notice, and in the event of such payment or tender not having been made or being insufficient, the defendant or other party may apply to the County Registrar for an order against the Plaintiff for the costs incurred before receipt of such notice of discontinuance and for the costs of the application.

Appeal from County Registrar to the Court.

2. The County Registrar shall deal with the application and, subject to an appeal to the Court, may make such order as to the said costs or otherwise as having regard to any tender made by the plaintiff or other circumstances he shall deem just.

ORDER XII. CHANGE OF PARTIES.

Where no abatement notwithstanding death, etc.

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

Power of Court to order continuance.

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

Power of Court to add parties in case of change of interest,

3. Where by reason of marriage, death, or bankruptcy or any other event occurring after the commencement of an action or matter and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the action 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 on ex parte motion to the Court upon an allegation verified by affidavit of such change or transmission of interest or liability, or of such person interested having come into existence.

Service on new parties binding unless order varied or discharged.

4. All order obtained as in the last preceding rule mentioned shall, unless the Court shall otherwise direct, be served upon the continuing 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 service be binding on the persons served therewith, and every person served therewith who is not already a party to the action or matter, shall be bound to enter an appearance thereto within the same time and in the same manner as if he had been served with the originating document, provided always, however, that any person served with such order may at any time within fourteen days from the date of service apply to the Court to vary or discharge such order.

Failure to proceed entitles the other party to apply in case of death.

5. When the plaintiff or defendant in an action or matter dies and the cause of action survives, but the person entitled to proceed fails to do so, the defendant (or the person against whom the action or matter may be continued) may apply by motion on notice to compel the plaintiff (or the person entitled to proceed), to proceed within such time as may be ordered; and in default of such proceeding, judgment may be entered for or an order made in favour of the defendant, or, as the case may be, for the person against whom the action or matter might have been continued.

ORDER XIII. EVIDENCE.

Documents from proper custody road without proof unless objection made.

1. If a document is produced from proper custody it may be read without further proof, unless objection be taken by a party or person entitled to object, in which case the hearing may be adjourned for proof thereof subject to the costs caused by the objection being paid by the party or person making it should it be unsuccessful and should the judge so direct.

Oral evidence except by agreement. Affidavits may be permitted by the Court in special cases.

2. In the absence of any agreement in writing between the solicitors for all parties and subject to these rules and the general law of evidence, the witnesses at the trial of any action shall be examined viva voce on oath 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, 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.

Documents to be marked and returned.

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

Evidence may be taken on Commission in exceptional cases.

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

Attendance of witnesses to be procured by Summons.

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

Reasonable time to be given and expenses tendered.

6. Service of such Summons shall be effected in the manner prescribed, but if it shall appear that the person served was not given reasonable time to enable him to appear in pursuance of the summons or that his reasonable expenses have not been paid or offered to him the Court may set aside or disregard such service.

Number of witnesses in each summons.

7. No witness summons shall contain more than four names.

Attendance of Officers only on deposit of expenses.

8. Any Officer of the Court required to attend with any record or document at any sitting or place outside the County in which he is serving as such Officer shall be entitled to require that the party or his Solicitor desiring his attendance shall deposit with him a sufficient sum of money to answer his just charges and expenses in respect of such attendance and undertake to pay any further just charges and expenses which may not be fully answered by such deposit.

Penalty for failure to comply with witness summons.

9. If any person having been duly summoned to give evidence or to produce any books, papers or documents in his possession or under his control which the party requiring his attendance desires to show in evidence fails, without lawful excuse, to attend or to give evidence or to produce such books, papers, or documents, according to the summons; or, unless duly excused, fails to remain in attendance throughout the trial or the proceeding, the Court upon being satisfied that such person has been duly summoned and that his reasonable expenses have been tendered to him may attach him for contempt or may impose upon him a fine not exceeding £25 (Twenty-five Pounds) for his default, and sentence him in default of payment to imprisonment for a period not exceeding one month.

Power of Court to remit or apportion any fine.

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

ORDER XIV. AFFIDAVITS.

Affidavit to be made before a Commissioner.

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

Affidavits to be in first person, in numbered paragraphs and book-wise.

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

Occupation and residence of deponent to be given.

3. All affidavits shall state the deponent's occupation, quality and place of residence, and if under twenty-one years of age, his exact age, and shall be confined to such facts as the deponent is able, of his own knowledge, to prove, and shall state his means of knowledge thereof, except on interlocutory motions on which statements by the deponent as to his belief by reason of information derived from other sources than his own knowledge may be admitted, provided that such sources are stated.

Not to be sworn before a party's Solicitor or agent.

4. No affidavit shall be sufficient if sworn before the Solicitor acting for the party on whose behalf the affidavit is to be used, or before the partner, agent, correspondent or clerk of such Solicitor, or before the party himself.

Place and date of swearing to be given in jurat.

5. Every person taking an affidavit, or the acknowledgment of any Deed or Recognizance—

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

Knowledge of deponent.

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

Requirements where deponent is illiterate or blind.

(iii) shall certify therein where such affidavit, or acknowledgment, or recognizance is sworn or made by any person who appears to be illiterate or blind, that such affidavit, or acknowledgment, or recognizance 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 his presence. 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.

Footnote necessary

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

No erasures interlineations or alterations.

7. Unless the Court shall otherwise order, no affidavit in which there is any erasure or which is blotted so as to obliterate any word, or which is illegibly written or so altered as to cause it to be illegible, shall be filed, read or used in any action or matter depending in Court, nor shall any affidavit in which there is any interlineation or alteration be so filed, read or used unless the interlineation or alteration is authenticated by the initials of the person taking the affidavit; and no affidavit shall be filed, read or used which is so imperfect on its face, or by reason of having blanks therein, that it cannot be easily and with certainty read or understood.

Power of Court to receive defective affidavits.

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

Affidavits must be filed before use.

9. Before any affidavit is used it shall be filed in the Office, but this rule shall not hinder the Court from making an order on a motion for urgent relief upon the undertaking of the applicant to file any affidavit sworn before the making of such order, or permitted by the Court to be made after such order, provided that such order be not issued until such affidavit shall have been filed.

Date of filing.

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

Affidavits to be filed or delivered within the time limited.

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

Alterations to be verified by initials.

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

Exhibits.

13. 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.

Short title to be marked on exhibits.

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

Affidavits or declarations of service.

15. Every affidavit or declaration of service shall state—

(a) when, where, how, and by whom such service was effected, and, in case of service on any person, shall state that the deponent or declarant was at the time of such service acquainted with the appearance of the person served;

Addendum in cases of ejectment for non-payment of rent and overholding.

(b) in affidavits or declarations of service of a Civil Bill in actions for the recovery of land for non-payment of rent or for overholding that the deponent or declarant 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;

Addendum in title cases.

(c) in affidavits or declarations of service of a Civil Bill in other actions for recovery of land that the deponent or declarant does not know of and does not believe that there is any person, other than those who have been served, in actual possession, or in receipt of the rents and profits of the lands sought to be recovered, or any part thereof, and said statement shall be verified by the affidavit of the solicitor for the plaintiff or of one of the persons by whom he was instructed to institute the proceedings.

Prolixity.

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

ORDER XV. JUDGMENT BY CONSENT OR DEFAULT.

Consent for judgment to be signed by a Solicitor acting for Defendant.

1. Any defendant may at any stage of the proceedings consent to the entry of Judgment against him and shall do so by signing a consent which must, however, be signed also by a Solicitor acting on his behalf unless the defendant is himself a Solicitor or Barrister.On lodgment of such consent as aforesaid together with an affidavit verifying the execution thereof Judgment may be entered for the Plaintiff in the terms of the consent without reference to the Court.

Consent may be for part and defence entered as to balance of claim.

2. If the defendant's consent is for less than the amount claimed in the Civil Bill, he may enter an appearance, or may continue his defence as to the balance of the claim, and, notwithstanding a judgment on such consent, the action may proceed as to such balance, and it shall in that event be deemed to be thereafter in all respects an action for such balance.

Judgment by default of appearance in cases of liquidated claims.

3. Where the Plaintiff's claim in a Civil Bill is for a debt or liquidated demand, or for the delivery of a specific chattel and no appearance has been entered within the time specified in the Civil Bill application may be made by the Plaintiff for the entry of Judgment in the Office by default of appearance. The application shall be supported by an affidavit or declaration of service of the Civil Bill together with an affidavit verifying the cause of action made by the Plaintiff or by some person on his behalf who can swear positively to the facts and also by a certificate of the Plaintiff (if he sues in person) or his Solicitor as to the amount then actually due or as to the retention of the chattel as the case may be, provided always that in proceedings at the suit of the Land Commission or of the Commissioners of Public Works the certificate under Seal which is by any Statute made evidence of the matters therein certified shall be sufficient in lieu of the affidavit verifying the cause of action as mentioned herein.

Affidavit of debt not to be more than fourteen days old.

4. The affidavit verifying the cause of action shall not be sufficient unless sworn within the period of fourteen days next preceding the date of the application for judgment.

Entry of Judgment to be with costs.

5. On lodgment of the documents mentioned in Rule 3 hereof together with a requisition for Judgment duly stamped, Judgment may be entered in the Office by the proper officer without reference to the Court for an amount not exceeding that claimed in the Civil Bill or for the return of the chattel as the case may be, together with appropriate costs.

Judgment by default of defence.

6. Where an appearance has been entered but no defence has been filed within the time limited therefor, the Plaintiff where the claim in the Civil Bill is for a debt or liquidated demand or for the return of a specific chattel, may apply for the entry of Judgment in the Office by default of defence. The rules with regard to the entry of Judgment by default of appearance shall apply, mutatis mutandis to applications for Judgment under this Rule.

Costs.

7. The costs to be allowed in the case of Judgment by default shall be as set forth in the Scale in the third schedule.

ORDER XVI. SUMMARY JUDGMENT.

Application for summary judgment after entry of appearance and before defence.

1. Where an appearance has been entered the plaintiff may apply as prescribed for summary judgment with costs where the claim is:—

(i) on a promissory note, bill of exchange, or other security for money due;

(ii) for a liquidated amount in money;

(iii) for the delivery of a specific chattel in an action for detinue;

(iv) for ejectment with or without a claim for rent or mesne profits;

(v) on a trust.

Absence of bona-fide defence the basis.

2. Such application shall be made in the manner prescribed on not less than four clear days' notice to be served not more than ten days after the date of the defendant's appearance and the plaintiff shall file and serve with such notice an affidavit made by himself or by some other person who can swear positively to the facts verifying the cause of action and the amount claimed, if any, and stating that in his belief there is not a bona-fide defence to the action, and that an appearance has been entered solely for the purpose of delay.

How defendant may oppose summary judgment application.

3. Upon the hearing of an application for summary judgment, the defendant may:—

(i) satisfy the Court by affidavit that he has a good prima facie defence to the action; or

(ii) pay into Court to abide the result of the action the sum sued for.

Plaintiff bound by his affidavit.

4. No evidence may be adduced by the plaintiff otherwise than by the affidavit delivered with the notice unless by special leave of the Court.

Powers of Court on hearing of the application.

5. On the hearing of an application for Summary Judgment the Court may call upon the plaintiff to produce such further evidence either written or oral, in support of his claim as the Court may deem necessary; order judgment to be entered as requested or otherwise; refuse judgment; or give leave to defend unconditionally or subject to such terms as to giving security, or as to time and mode of trial or otherwise as the Court may think fit.

No judgment by default in ejectment.

6. No judgment in ejectment shall be entered by default. In case of default of appearance or defence the rules as to summary judgment shall apply mutatis mutandis.

Judgment by default or summary judgment may he entered against one or more of several defendants and proceedings continued as against the others.

7. Where there are several defendants, of whom one or more has or have consented to judgment, or failed to enter an appearance or defence and another or others has or have entered an appearance or defence, the Plaintiff may apply for judgment against such as have so consented or have failed to enter an appearance or defence and the plaintiff may proceed on such judgment without prejudice to his right to continue the action against such as have entered an appearance or defence as the case may be.

Costs in the discretion of Court.

8. The costs in the case of applications for summary judgment shall be in the discretion of the Court.

Motion for Judgment.

9. In all actions not otherwise provided for, if the defendant makes default in delivering a defence, the plaintiff may set down the action on motion for judgment, and the Court shall give such judgment as it considers the plaintiff entitled to upon his claim.

ORDER XVII. REVIEW OF JUDGMENTS.

Review of default judgment on notice; lodgment in Court necessary to secure stay of proceedings.

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

Reasons for claiming review to be clearly stated.

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

Costs to be lodged beforehand.

3. Save by special leave of the Court no such motion shall be heard until the party applying has paid into Court to abide the directions of the Court, the costs awarded against him by such judgment, and such further sum (if any) as security for costs of the motion, as the County Registrar shall, having regard to the circumstances, consider just, the said sum not to exceed five guineas in any case.

Knowledge of judgment to be presumed.

4. It shall be presumed that the party moving had notice of such judgment within three days after the date thereof, unless he satisfies the Court to the contrary.

Power of Court to vary or set aside and to give directions.

5. The Court, may, on the hearing of any such motion, unless it appears to its satisfaction that the party moving was in wilful default, vary or set aside as it may think fit the judgment in question, upon terms as to costs or otherwise, including lodgment in Court of the amount of such judgment, and may give such directions and such extensions of time as may be necessary in regard to the further conduct of the action or proceeding. The Court may also make such order as it may consider just in regard to monies paid into Court by the defendant.

ORDER XVIII. ADMISSIONS.

Facts may be admitted; admissions to be in writing.

In any action or matter, any party or person may at any time admit facts, and any party or person may by notice call upon any other party or person in any action or matter to admit facts. Any admissions, if not made during the hearing, shall be in writing, and shall be signed by the party or person making the same, or by his Solicitor.

ORDER XIX. TRIAL.

Notice of Trial to be served after Defence.

1. Where a Defence has been regularly entered and no application for Summary Judgment has been made, or, if made, has been refused the Plaintiff shall after the service of Notice of Defence, or after refusal of the application for Summary Judgment as the case may be, serve on the Defendant and file at the Office a Notice of Trial. Such Notice of Trial shall operate to set down the action or matter (including a counter-claim if any) for hearing at the next ensuing Sittings.

Defendant may serve Notice of Trial in case of Plaintiff's default.

2. Where the Plaintiff has failed to serve Notice of Trial within ten days after the entry of the Defence or after the refusal of the application for Summary Judgment the Defendant may do so.

Trial of two or more Actions together.

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

Effect of counter-claim that of a crossaction.

4. A defendant may set up by counter-claim as hereinbefore provided, any right or claim which he may allege against the plaintiff, whether liquidated or unliquidated, or for damages, and whether or not it arises out of or is connected with the claim of the plaintiff, and such counter-claim (if within the jurisdiction of the Court) shall have the same effect as a cross action to enable the Court to pronounce a judgment in the same action both on the claim and counter-claim.

Power of Court to order separate hearing of counter-claim.

5. If the Court, on a motion made on notice, is of opinion that such counter-claim cannot be disposed of conveniently in the pending action, or that the counter-claim should be tried as a separate action it may make such order as to a hearing of the counter-claim, and as to costs, including the costs of the motion, as shall be just.

Counter-claim proceeded with separately to be treated as an action.

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

Witnesses may be ordered to leave Court or to remain in attendance.

7. In any proceeding, a witness who is not a party may be ordered by the Court:—

to leave the Court until his evidence is required or after his evidence has been given:

or to remain in Court after his evidence has been given until the trial is terminated or adjourned.

How trial with a jury to be secured.

8. In all cases in which the parties are entitled under Section 94 of the Act to have questions of fact tried by a jury either party may by notice in writing to be served upon the opposite party and also upon the County Registrar and the Under-Sheriff, require that the matters of fact be tried with a jury. Such notice shall be served at least ten days before the opening day of the Sittings at which the action is to be heard, and upon receipt thereof it shall be the duty of the Under-Sheriff to summon the jury. In other cases under Section 94 application for trial with a Jury may be made to the Court by either party on four clear days' notice to the opposite party.

Power of Court in giving Judgment.

9. Judgment may be given for such one or more plaintiffs as may be found to be entitled to relief for the relief to which he is or they are entitled without any amendment, but the defendant, though unsuccessful, shall be entitled to any extra costs occasioned by joining any person who shall not be found entitled to relief unless the Court shall otherwise order, and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities without any amendment.

10. The Court shall have power to direct that the Shorthand report of the official stenographer, or any part thereof, be transcribed and furnished to it at any time.

11. Any party may, at any time after the hearing and on pre-payment of the prescribed fees, obtain copies of such report or any part thereof.

ORDER XX. EXECUTION.

Execution Order for payment of money.

1. Any judgment or order for the payment of money shall be enforced at the request of the party prosecuting such judgment or order by an execution order in the nature of the former writ of fieri facias issued under the seal of the Court.

Execution Order for possession.

2. Any judgment or order for the recovery of or for the delivery of possession of land, whether made in an action of ejectment or in any other action or matter may be enforced by an order for possession issued in the same manner as the order named in the last preceding rule.

Other execution orders.

3. A judgment requiring any person to do any act other than the payment of money, or to abstain from doing anything, may be enforced by an execution order in the nature of an order of attachment or by committal.

Orders against Corporations.

4. Any judgment or order against a Corporation wilfully disobeyed may, by leave of the Court, be enforced by an execution order in the nature of an order of attachment or by committal against the directors or other officers thereof, or any of them .

Orders for recovery of possession of property other than money or land.

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

Directions or assistance of Court may be sought in case of difficulty.

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

Execution orders against a firm.

7. Where any judgment or order is against a firm, execution may issue in the following manner:—

(a) against any property of the partnership;

(b) against any person who has admitted before the Court in the proceedings in which the judgment or order was obtained, that he was a partner at the time of the accruing of the cause of action, or who has been adjudged to be liable as a partner;

(c) against any person who was individually served with the originating document as a partner or person sought to be made liable and who failed to appear at the trial.

Provided that the property of the partnership shall first be exhausted so far as it is known to the judgment creditor and that, except as against such property, a judgment against a firm shall not render liable release, or otherwise affect any member thereof who was out of Saorstat Eireann when the originating document was issued.

Proof of disobedience to order for possession is required.

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

Decree in force for six years without renewal. Power of Court to amend where change by death, etc., has taken place.

9. Every decree of the Court shall be in full force and effect for a period of six years from the date thereof and an execution order based on any such decree may be issued at any time within the said period of six years but not thereafter without leave of the Court.If during the said period of six years any change has taken place by death or otherwise in the parties entitled or liable to execution the party alleging himself to be entitled to execution may apply to the Court on notice for leave to issue execution and the original decree may be amended so as to give effect to any order made by the Court on the application.

Execution Order in force for one year only but may be renewed.

10. An order for execution if unexecuted shall remain in force for one year only, from and exclusive of the date of its issue unless renewed, but such execution order may at any time on the application of the person entitled thereto be renewed for one year from the date of such renewal or after its expiration for one year from the date of the expired order, and so on from time to time during the continuance or after the expiration of the renewed order. The fact of the renewal of any such order shall be indorsed thereon and the order shall be re-sealed. An order for execution so renewed shall have effect and be entitled to priority according to the time marked thereon on the date of its original issue.

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

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

Execution Orders to be indorsed with name and address of Solicitor

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

Execution Order issued only on requisition.

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

Contents of execution order. Interest from date of judgment.

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

Execution orders concurrently in different counties.

15. Orders for execution against goods may be issued concurrently in more than one county, provided that the costs of more than one order shall not be allowed against the execution debtor unless by order of the Court.

Leave necessary after two years but no notice to debtor.

16. Where no payment has been made on foot of any judgment or order within two years from the date thereof, no execution order shall be issued in respect of such judgment or order, except by leave of the Court, but no notice to the debtor of an application for such leave shall be necessary.

No execution order pending operation of a committal order.

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

Execution order may be withdrawn or suspended on payment of fees.

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

Receipts to be given by Court Messengers.

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

Execution order invalid if wrong party named.

20. An order for execution shall be invalid if a wrong person is named therein as the party, but no such order shall be invalid merely by reason of the mis-spelling of any name therein or of any error as to date.

Separate execution orders for relief and for costs if desired.

21. The Plaintiff or other party applying for execution may issue separate execution orders for the relief granted under any decree or order and for the costs thereof.

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

ORDER XXI.

GARNISHEE.

Debts due to a judgment debtor by a third person may be attached.

1. The affidavit in support of an application for a garnishee order shall set forth—

(a) that the applicant has obtained a judgment, or order, against the debtor in the Court, a certified copy of which shall be referred to in the affidavit;

(b) that such judgment is still unsatisfied, naming the amount still payable thereunder;

(c) that some other person (hereinafter called the garnishee is indebted to the debtor, setting out the nature of the said debt and the amount thereof, and that the same is due at the time of the application.

Order may be absolute or conditional.

2. If the application is granted the garnishee may be ordered to pay to the applicant the sum owing or accruing from him to the debtor to satisfy the said judgment together with the costs of the garnishee proceedings, including costs of service, or, failing such payment, to appear before the Court on a day to be named in said order, to show cause why he should not pay the said sum or so much thereof as shall be sufficient to satisfy the said Judgment.

3. Such order shall be served upon the garnishee and upon the debtor personally, and shall operate as an attachment of the said sum in the hands of the garnishee as from the time of service upon him.

4. The debtor may appear upon the return day, and shall be at liberty to oppose the confirmation of the order upon the ground that the judgment or order had been satisfied otherwise than under the garnishee order, or is, for some other reason, inoperative against him, or that the sum sought to be attached is due for salary or wages, and that its attachment will leave him an insufficient amount to maintain himself and those dependent upon him.

Garnishee order may be set aside.

5. If the debtor satisfies the Court on the return day that the judgment or order has been otherwise satisfied or is inoperative as aforesaid, the order may be set aside on such terms as to costs as shall be just, and all subsequent rules dealing with garnishee proceedings shall be read subject to this provision.

Where sum due for salary or wages is attached the Court will not deprive debtor of sufficient for maintenance.

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

Execution may issue against the garnishee if necessary.

7. If the garnishee fails to appear on the return day or appears and does not dispute that the sum attached is owing from him to the debtor or fails to show that the said sum belongs to or is subject to a claim by some other person, the Court may if necessary, permit the issue of execution against the garnishee for so much of the sum attached as may be sufficient to satisfy the claim of the judgment creditor, together with the costs of the garnishee proceedings.

Debtor may apply to set aside a garnishee order.

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

Court may decide any question raised by garnishee or may order trial of an issue.

9. If the garnishee appears on the return day but then disputes his liability to pay the sum attached or alleges that he has any other defence, set-off, or counterclaim which would be available to him if he were sued by the debtor, the Court may order the garnishee to state, orally or in writing, on oath or otherwise as to the Court may seem expedient, the particulars of the sum alleged to be due by him to the judgment debtor and of his defence thereto, and may either hear and determine the matter in dispute in a summary way, or may order that the matters in issue be tried under the ordinary procedure of the Court, and that, for the purpose of such trial, the judgment creditor shall be the plaintiff and the garnishee defendant, or vice versa.

Court may decide as between judgment creditor and a third party claimant.

10. If the garnishee alleges that the sum attached belongs to, or is subject to a claim by some other person, the Court may order such other person to appear and state the nature and particulars of his claim, and either to maintain or relinquish it, and may deal with the matter as if the judgment creditor and such other person or persons were claimants in an interpleader issue.

ORDER XXII. RECEIVER BY WAY OF EQUITABLE EXECUTION.

Court to weigh all relevant facts in granting receiver order.

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

Beneficial interest of judgment debtor in sum attached to be affected.

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

Order to be absolute subject to right to apply to set aside.

3. Where an order is made by the Court appointing a Receiver by way of equitable execution the order shall be absolute,subject however to the right of the Judgment debtor or other person affected thereby to apply as provided in Rule 8 of the last preceding order.

Continuing Order may be made in suitable cases.

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

ORDER XXIII. INTERPLEADER.

Interpleader relief may be applied for by stakeholder or under-sheriff.

1. Relief by way of interpleader may be applied for whenever the person seeking relief is under any liability for any property for or in respect of which he expects to be sued by two or more parties (hereinafter called the claimants) making conflicting claims thereto, or whenever an officer charged with the execution of an Order issued under the authority of the Court has been warned of a claim on behalf of a person other than the execution Creditor to any property seized or about to be seized in execution, or to the value or proceeds of such property, and having notified the Execution Creditor of the making of such claim has not received notice that the Execution Creditor admits such claim.

No collusion and subject matter must be held to abide the order of the Court.

2. An applicant in interpleader other than an Under Sheriff or other officer charged with the execution of an order must satisfy the Court,before the issue of an Interpleader Civil Bill;

(a) that he claims no interest in the subject matter in dispute other than for charges or costs;

(b) that he is not in collusion with any of the claimants; and

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

Under-Sheriff to give notice of claim to Judgment Creditor.

3. When any property taken or about to be taken in execution under an order of the Court is claimed by a third party as his property the Officer charged with execution shall forthwith give notice of such claim to the Execution Creditor, and on receipt of notice within two days that such claim is admitted he shall withdraw from possession of the property claimed.

Where claim not admitted within two days Under-Sheriff to issue Interpleader Summons.

4. Where no notice that the claim is admitted has been received as mentioned in the last preceding rule the Officer shall issue an Interpleader Summons serving the same upon the claimant and upon the Execution Creditor. Such summons shall call upon the claimant to appear upon a day named therein and state;the nature and particulars of his claim, and to maintain or relinquish the same. The interpleader summons shall be served at least two clear days before the date named for the hearing thereof.

Claimant's failure to appear will result in claim being barred.

5. If the claimant fails to appear or having appeared fails to satisfy the Court as to the validity of his claim or neglects or refuses to comply with any directions of the Court an order may be made on the hearing of the Summons declaring his claim and that of all persons thereafter claiming under him barred, and directing the sale of the property in question.

Trial of an issue may be ordered. Sheriff's expenses may be provided for.

6. If both the Claimant and the Execution Creditor appear on the hearing of the Summons the Court may either try the matter in dispute in a Summary manner or direct that an issue be tried for the purpose of deciding the rights of the parties respectively. In directing the trial of an issue the Court may order which of the claimants shall be the plaintiff and defendant respectively for the purpose of trial, and may in any event make such order as to any additional expenses of execution occasioned by the claim as may seem just and may also in any event provide for the discharge of the Under Sheriff or other Officer from the proceeding and direct the person by whom and the manner in which the costs necessarily and properly incurred by such Officer are to be paid.

Where claim is allowed.

7. If the Claimant on the hearing of the Summons satisfies the Court as to the validity of his claim the Court may admit the same and may in such case direct that the Claimant's just costs and expenses be paid by the Judgment Creditor.

ORDER XXIV. ACCOUNTS.

Date of sitting for accounts and enquiries to be fixed by advertisement or summons.

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

Advertisements.

2. When advertisements are ordered the County Registrar shall cause the same to be prepared, in accordance with the order stating the time,place,and purpose of such sitting,and shall arrange for insertion thereof fourteen days before such sitting.

Sittings.

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

Books of account to be presumed correct.

4. Any books of account in which the accounts of the accounting party,or any of them,have been kept shall be taken as prima facie evidence of the truth of the matters therein contained, unless the Court shall otherwise direct or the County Registrar shall otherwise require,with liberty to the parties interested to take such objections thereto as they may be advised.

Presentation of claims.

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

Verification of claims.

6. Every claim by a creditor or other person,if not admitted,shall be verified by affidavit,but such person need not attend in support of his claim unless served with notice requiring him to do so.

Production of securities.

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

Production of pedigree or proof of relationship.

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

Penalty for default.

9. In case any creditor or other person shall neglect or refuse to comply with the last two preceding rules he may be disallowed any costs of proving his claim unless the County Registrar or the Court shall otherwise direct.

Claims may be allowed or investigated or attendance of creditors required.

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

Evidence by affidavit.

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

No notice of allowance necessary but where claims disallowed opportunity to prove to be given.

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

Additional claims may be presented at adjourned sitting.

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

Late claims.

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

Just allowances to be made.

15. In taking any account all just allowances shall be made, without any direction for that purpose in the order to take such account.

County Registrar's Certificate.

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

Available for inspection.

17. The County Registrar shall in all cases not disposed of by him during and as part of a case actually being heard by the Court, have his certificate prepared fourteen clear days before the day appointed for presenting the same, and notice shall be given to all parties, in such manner as the County Registrar shall direct, that the same may be inspected in the Office by any of the parties interested therein or affected thereby.

Copies.

18. Copies of said certificate may be obtained by any person entitled thereto and requiring the same, upon prepayment of the prescribed fees.

Application to vary.

19. Where any party interested in or affected by a certificate of the County Registrar desires to have the same varied, he shall, by himself, his counsel, or his solicitor, apply to the Court by motion on the day appointed for presenting the same and the Court shall thereupon hear such application and determine the subject matter thereof and shall confirm or vary the certificate and make such further order as shall be just.

Nature of variation desired to be stated.

20. Application under the last preceding rule shall be made on notice to all parties to be given not later than seven days after the signing of the certificate and two clear days before the day appointed for presenting the same, and the notice shall state the nature or particulars of the variation, the subject of the application.

Confirmation unnecessary unless specially ordered.

21. Unless an Order of the Court expressly requires a certificate of the County Registrar to be presented to it for confirmation,if no application shall be made to vary the certificate within the time limited by the last preceding rule the certificate shall on the expiration of such time stand confirmed unless the Court on motion on notice and for special cause shown shall otherwise order. Every confirmed certificate shall be forthwith filed.

Directions of Court may be applied for.

22. When the County Registrar or any party, or person has been directed by any order to do any act and any further direction or order of the Court is or becomes necessary, he shall apply to the Court for such direction or order, and upon such application the Court shall give such direction or make such order as it may think fit, or may appoint a time to hear all parties upon the application so made, and if the Court shall make such appointment for hearing, the same shall operate as a stay of proceedings until the day so appointed, unless the Court shall otherwise direct.

Advertisements.

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

Preparation of notices and service.

24. Any notice necessary under the last preceding rule shall be prepared by the Solicitor having carriage of the proceeding and submitted to the County Registrar for approval. After approval the notice shall be served by the Solicitor having carriage as aforesaid and any party served therewith may thereupon attend the proceedings under the Order.

Application to vary order.

25. Any party who shall be served with such notice may apply to the Court at the next sitting, or, by leave of the Court at any subsequent sitting, to set aside, vary, or add to the order.

Notice and particulars necessary.

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

Procedure when excess is apparent.

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

Necessary inspections or inquiries may be directed.

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

ORDER XXV. TRANSFER OF ACTIONS.

Lodgment of pleadings in actions transferred from High Court.

1. Whenever the High Court under the provisions of section 25 of the Act, or under any other power or authority shall transfer any action or proceeding to the Court the plaintiff shall lodge with the County Registrar within fourteen days from the date of the order for transfer the summons and all pleadings, orders, and other documents already delivered or made and thenceforward, the action or proceeding shall be taken and heard in the Court as if it had been originally commenced therein, but the costs of the action or proceeding up to the date of the order for transfer shall be allowed according to the scale in use in the High Court, unless the said order shall otherwise determine.

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

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

Transfer to High Court.

3. When any action shall be sent forward to the High Court from the Court under the provisions of Section 48 of the Act, or any proceedings shall be transferred to the High Court under any other power or authority vested in the Court, the provisions of the two last preceding rules shall apply mutatis mutandis subject to the practice and procedure of the High Court.

In case of excess.

4. Where during the progress of any action or matter it appears to the Court that the subject matter exceeds the jurisdiction the Court shall, unless the parties have consented to the retention of the proceedings in the Court, transfer the action or matter to the High Court, and when so transferred, the action or matter shall be regulated by the rules of the High Court, and the County Registrar shall annex to the order of transfer a certificate showing the state of the action or matter and the proceedings which have been held therein in the Court.

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

Proceedings to be instituted by Petition.

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

Persons to be served.

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

Fixing of hearing.

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

Proof by affidavit.

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

Inquiries.

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

Manner in which funds to be brought into Court in trust.

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

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

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

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

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

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

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

Filing of affidavit of trust.

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

Certificate of filing.

8. The persons filing the affidavit or any of them,may apply to the County Registrar to give them a certificate entitled in the matter of the Act under which the money is to be lodged,the stock transferred,or the security deposited,and of the particular trust certifying that the affidavit has been filed.

Privity to lodge cash.

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

Transfer of Stock.

10. In the case of stock the persons filing the affidavit,or any of them, may upon the receipt of the certificate in the second last preceding rule mentioned transfer the stock into the name of the County Registrar in trust to attend the orders of the Court,and shall forthwith leave the certificate of transfer with the County Registrar,who shall immediately endorse thereon a memorandum of the day and hour on which the same was received by him, and when such certificate of transfer has been so endorsed it shall be taken for all purposes to have been duly recorded on the date so endorsed.

Other securities.

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

Notice to beneficiaries

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

Persons interested in funds may apply by petition.

13. Any person entitled to,or claiming to be interested in, any funds in Court or (if need be, but not otherwise) the trustee who desires the direction of the Court as to investment, paying out, or distribution of the whole,or any part of the funds or the income thereof,may file a petition setting forth succinctly the particular trust in which he applies and the substance of the order he seeks to obtain, and praying for the order and direction of the Court with respect to the funds so paid into Court and the rights of all persons thereto.The petitioner shall file with such petition a copy for every respondent to be served, and a copy for the use of the Court.

If capital to be affected all beneficiaries to be served.

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

Trustees must not needlessly invoke the aid of the Court.

15. Where a trustee avails himself of the provisions referred to in rule 6 hereof without sufficient reason, the Court may direct such trustee to bear his own costs and to pay the costs of any other persons, or to bear and pay any part of such respective costs as the Court may think fit.

Petition to wind up a Company to be advertised.

16. Every petition for the winding-up of a Company shall be advertised,not less than seven clear days before the opening day of the Sittings at which the petition is to be heard,once in a newspaper circulating in the County and once in Iris Oifigiuil. The advertisement shall state the date upon which the petition was filed, the name and address of the petitioner, and the name and registered place of business of his Solicitor.

Service upon the Company necessary unless presented by the Company.

17. Every such petition shall, unless presented by the Company, be served at the registered office or at the principal or last-known place of business of the Company, upon some member, officer or servant of the Company, or if no such member, officer or servant can be found at such registered office or place of business, then by being left at such registered office or place of business or by being served upon such member, officer or servant and in such manner as the Court may direct.

Petition to be verified by Affidavit filed within seven days.

18. Every such petition shall be verified by an affidavit made by the petitioner, or one of the petitioners, if more than one, or in case the petition is presented by the Company, by some director, secretary or other principal officer thereof ; such affidavit shall be sworn after and filed within seven days after the filing of the petition, and shall be prima facie evidence of the statements in the petition.

Order on the petition.

19. Upon the hearing of any such petition the Court may make such order as shall seem just.

To be advertised.

20. Every order for the winding-up of a Company shall within fourteen days after the date thereof be advertised by the petitioner in like manner to that in which the petition was advertised,

Official liquidator may be appointed.

21. The Court may at any time after the filing of a petition for the winding-up of a Company appoint a suitable person to be official liquidator of the Company without previous advertisement or notice to any party, or may fix a time and place for the making of such appointment.

Remuneration, assistance and security.

22. Every official liquidator shall be allowed such remuneration and shall be permitted to employ such assistance as the Court shall think fit, but before entering upon his duties as official liquidator he shall enter into security in such manner and for such amount as the Court shall direct.

Preparation of accounts and list of contributories.

23. The official liquidator shall with all convenient speed after he is appointed proceed to make up, continue, complete and rectify the books of account of the Company. He shall compile a list of the various contributories and shall keep for each such contributory a separate account showing the amount due by him in respect of any call directed by the Court to be made.

Lodgment and passing of accounts.

24. The accounts of the official liquidator shall be lodged with the County Registrar at such times as the Court may direct, and such accounts shall be passed and verified in such manner and upon such notice to all parties as the Court shall order.

Investigation of and adjudication upon debts and claims.

25. For the purpose of ascertaining the debts and claims due from the Company and of requiring the creditors to come in and prove their claims advertisements may be issued as the Court shall direct. The rules of Order XXIV. shall apply mutatis mutandis to the investigation of and adjudication upon such debts and claims, so far as the same may be applicable, all references in the said order to the County Registrar being construed in proceedings relating to the winding-up of a Company as references to the official liquidator.

Filing and verification of list of contributories.

26. The list of contributories mentioned in Rule 23 of this Order shall as soon as possible be filed in the Office with an affidavit of the official liquidator verifying the same. Such list may from time to time by leave of the Court be varied or added to subsequently by the official liquidator.

Fixing a date for settlement of list upon notice.

27. Upon the application of the official liquidator the Court may fix a date for the settlement of the list of contributories ; not less than four clear days' notice of the date fixed as aforesaid shall be given to the persons named in the said list.

Intended calls, notice, service of order.

28. Upon the settlement of the list of contributories the Court may deal with any question with regard to intended calls and may give directions as to the notice to be given in connection therewith. When an order for a call has been made it shall forthwith be served upon each of the contributories included in such call together with a notice from the official liquidator specifying the balance due from such contributory. Service of the order and notice aforesaid shall after the expiration of one month operate as an order for payment.

Evidence of non-payment.

29. An affidavit of the official liquidator as to non-payment shall be sufficient evidence for the purpose of enforcing payment from any contributory who is in default.

Sale of property.

30. The Court may order the sale of any property of the Company by auction or otherwise and upon such conditions (including the fixing of reserve prices) as it shall think fit.

Official llquidator may be represented by Solicitor.

31. An official liquidator when appointed may instruct a Solicitor to represent him and where the attendance of such Solicitor is required on any proceeding the official liquidator need not attend in person unless his presence is necessary or directed by the Court.

Final account, balance sheet, and discharge of official liquidator.

32. Upon the termination of the proceedings for the winding-up of any Company a balance-sheet shall be brought in by the official liquidator of his receipts and payments, and verified by his affidavit, and the official liquidator shall pass his account and the final balance due thereon shall be certified. Upon payment of such balance (if any) the official liquidator may be discharged and his security released.

Order for dissolution of Company.

33. Upon the discharge of the official liquidator as aforesaid the Court may order that the Company, if not already dissolved, be dissolved as from the date of the order, and thereupon the official liquidator's file of proceedings and his books of account shall be lodged with the County Registrar.

ORDER XXVII. RECEIVERS AND ADMINISTRATORS PENDENTE LITE.

Court may appoint Receiver of own initiative.

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

Security required on appointment.

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

Passing of accounts.

3. When a receiver, or administrator pendente lite, is appointed with a direction that he shall pass accounts, the County Registrar, under the direction of the Court, shall fix the day or times at which he shall leave and vouch such accounts; and also the days upon which or the times at which he shall pay the balances appearing due upon the accounts so left, or such part thereof as shall be certified as proper to be paid by him.

Manner of preparation and verification of accounts.

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

No payments allowed without leave except normal outgoings.

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

ORDER XXVIII. SECURITY.

How objection to sureties may be made.

1. In all cases where a party proposes to give a bond or recognizance by way of security he shall serve by post or otherwise on the opposite party, and on the County Registrar, notice of the proposed sureties, and the County Registrar shall forthwith give notice to both parties of the day and hour on which he proposes that the bond or recognizance shall be executed, and shall state in the notice to the obligee that should any party have any valid objection to make to the sureties, it must then be made.

Execution of bond.

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

May be by Insurance Company. Sureties to be bound to the Judge.

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

Bond to be filed and may be assigned by the Court.

4. It shall not be necessary to enrol any bond or recognizance but the same shall be filed in the office and may subsequently be assigned or otherwise dealt with by the Court as may be just.

Affidavit of sufficiency.

5. All sureties shall make an affidavit of their sufficiency unless the opposite party shall dispense with such affidavit.

Application for security for costs.

6. In every case in which the Plaintiff resides out of Saorstát Eireann any Defendant who has entered an appearance shall be at liberty to apply to the Court on notice that the Plaintiff be ordered to give security for such Defendant's costs. Upon such application or in any other case in which the Court is satisfied that security for costs is necessary it may in its discretion make such order as it shall think fit.

Amount and manner of security.

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

Bond to be lodged.

8. Where a bond or recognizance is to be given as security for costs such bond or recognizance shall be given to and deposited with the County Registrar until the action or matter be finally disposed of.

Deposit by way of security.

9. When a party makes a deposit of money in lieu of giving a bond or recognizance, he shall forthwith give notice to the opposite party by post or otherwise of such deposit having been made.

Officers not eligible as sureties.

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

ORDER XXIX. PERSONS OF UNSOUND MIND.

Affidavits to be filed before issue of lunacy Civil Bill.

1. Every originating application to the Court in regard to a person alleged to be of unsound mind shall be made by Civil Bill signed by the Petitioner and by his or her solicitor, and prior to the issue of such Civil Bill there shall be filed two affidavits whereof one shall be made by some person having an interest in the well-being of the person alleged to be of unsound mind and the other by a qualified medical practitioner.

Averments in affidavits of Petitioner.

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

(i) The names and residences of the person alleged to be of unsound mind and of his or her next of kin, so far as same are known to the deponent ;

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

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

Averments in affidavit of medical practitioner.

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

(i) the nature of the alleged unsoundness of mind.

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

Ordinary procedure to apply.

4. The rules applicable to service, appearance and defence, shall apply mutatis mutandis to proceedings in regard to persons alleged to be of unsound mind.

Power of Court to require further information or to direct examination by another medical practitioner.

5. If no appearance be entered on behalf of the person alleged to be of unsound mind, the Court, if it shall consider the evidence in support of the application insufficient, may require such other evidence as may seem to it necessary or expedient, and may direct any qualified medical practitioner, other than the practitioner upon whose affidavit the Civil Bill was grounded, to report confidentially to the Court upon the circumstances of the case.

Court if satisfied at the hearing may take charge of person and property,

6. If the Court is of opinion, upon the hearing of the Civil Bill that such person is of unsound mind and incapable of managing his or her person or property, and that the property requires to be protected and applied for his or her advantage, the Court may, without further evidence, declare that such person is of unsound mind and incapable of managing his or her person or property, and that such property requires to be protected and applied for his or her advantage; and shall further appoint, or give directions for the appointment of a guardian of the person and property for the care and management of the said person and his or her property in respect of maintenance, residence and otherwise, and may commit to such person as it may think proper the management of the person and property.

Suitable fee may be allowed to inspecting practitioner.

7. The qualified medical practitioner visiting and reporting under the direction of the Court shall be allowed such fee as the Court may think proper to be paid by the plaintiff or by the solicitor having carriage of the proceedings, upon the certificate of the County Registrar.

Court may direct investment of property.

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

Increase beyond limit of jurisdiction to be notified to Registrar to Chief Justice.

9. Should the property increase, the guardian shall notify the fact to the County Registrar; and if the property is enlarged by such increase beyond the statutable limit, the County Registrar shall notify the fact to the Office of the Registrar to the Chief Justice.

Notice of Orders to be sent also.

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

Annual report as to condition of persons residing in institutions.

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

Annual Return to Registrar to Chief Justice.

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

Discharge only after personal examination.

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

Death of person of unsound mind.

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

Applications subsequent to judgment.

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

Practice in Office of Registrar to Chief Justice to apply.

16. Subject to the foregoing rules, the rules and practice in lunacy for the time being relating to the jurisdiction of the Chief Justice shall, so far as applicable, apply to all proceedings under the County Court Jurisdiction in Lunacy (Ireland) Act, 1880, or any Act extending, altering, varying or amending the same.

ORDER XXX. PROBATE.

Institution of proceedings in testamentary matters.

1. Any person desirous of taking proceedings in the Court for the purpose of obtaining a grant or revocation of probate or letters of administration shall issue a Civil Bill in the prescribed form. Such Civil Bill shall be headed with the words Testamentary Civil Bill.

Applicant to be Plaintiff.

2. The person who shall have applied for a grant of probate or letters of administration shall be the Plaintiff in any proceedings by Civil Bill in relation thereto.

Person lodging caveat to be defendant.

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

Parties in revocation cases.

4. In proceedings for the revocation of probate or letters of administration, the person applying for such revocation shall be plaintiff, and the person against whom the application is made shall be defendant.

Additional parties.

5. If upon the hearing of any testamentary Civil Bill it shall appear to the Court that any person or persons not already a Plaintiff or Defendant therein, ought to be made parties to the suit, it may adjourn the proceeding and direct that such person or persons shall be made parties thereto by amendment of the Civil Bill.

Next of kin may appear.

6. Any of the next of kin of any alleged testator or intestate may appear at the hearing of any testamentary Civil Bill though he may not have been made a party to the same or served therewith.

Cross Civil Bill where another Will is pleaded.

7. Where a grant of probate or of letters of administration is objected to by any party on the ground that a Will exists of which probate or letters of administration, with such will annexed, ought to be granted, the party so objecting shall issue a cross Civil Bill to be heard at the same Sittings as that already issued.

Wills to be lodged.

8. No person shall be at liberty in opposition to a testamentary Civil Bill to set up or rely upon any Will unless such Will shall have been lodged in the principal or district registry, and a grant of probate or letters of administration in respect thereof applied for.

Affidavit to be filed before issue of testamentary Civil Bill.

9. The issue of a testamentary Civil Bill shall be preceded by the filing of an affidavit made by the plaintiffs or one of them, verifying the claim, and specifying the names and residences of the next of kin, and of such persons as may be entitled under the Statute of Distributions to any interest in the Assets of the alleged testator or intestate in said Civil Bill named. With such affidavit there shall be lodged also a certified copy of the affidavit as to jurisdiction required to be lodged in the principal or district registry pursuant to Section 61 of the Probates and Letters of Administration Act (Ireland) 1857.

Party opposing may limit his defence to proof of Will and cross-examination.

10. 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.

ORDER XXXI. SALES.

Court may order sale of lands where necessary.

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

Sale may be out of Court in special cases, but proceeds to be lodged.

2. In all cases where a sale, mortgage, partition or exchange is ordered, the Court, in addition to the powers already existing, shall have power to authorise the same to be carried out, with a view to avoiding expense or delay, or for other reason, either:—

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

(b) by proceedings altogether out of Court, any monies 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 said proceedings altogether out of Court unless and until it is 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, and every order authorising the said proceedings altogether out of Court shall be prefaced as aforesaid and by a statement of the evidence upon which such declaration is made.

Order for sale to direct the party who is to have carriage.

3. When any property is ordered to be sold, the order shall direct who shall have the carriage of the sale and where the same shall be held, and by whom the conditions and contracts of sale and the abstract of title, if any such be necessary, shall be prepared.

Court may take Counsel's opinion.

4. The Court may refer to a counsel appointed by it any matter relating to the investigation of the title to any land with a view to an investment of money in the purchase, or on mortgage thereof, or with a view to a sale thereof or to the settlement of a draft or a conveyance, mortgage, settlement, or other instrument or any other matter which the Court may think fit.

ORDER XXXII. EJECTMENTS.

Ejectment Civil Bill to contain full particulars of overholding or rent arrears.

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

Persons to be served in actions for recovery of land other than ejectments for overholding or non-payment of rent.

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

Service in case of vacant possession.

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

Execution may be prevented by payment or tender of rent arrears and costs.

4. The defendant in any ejectment for non-payment of rent or any person having a specific interest in the contract of tenancy at any time before the order shall have been executed, may pay to the plaintiff or his solicitor all rent and arrears of rent due at the time of the service of the civil bill, and a sum sufficient to cover the plaintiff's costs, or may tender the same, and in case such tender be refused may lodge the same in Court, and give notice to the plaintiff or his solicitor of such lodgment. Thereupon the Court may order all further proceedings to be stayed upon payment of such costs up to the date of tender as it may deem reasonable together with the money so lodged to the plaintiff or his solicitor, as the Court may direct.

Stay of execution may be granted by the Court.

5. In respect of any ejectment decree, the Court shall be at liberty to grant such stay of execution, and on such conditions, as it may think reasonable in the circumstances.

Court may make special order as to costs.

6. The Court upon the hearing of any ejectment where there shall be more than one defendant, upon pronouncing a decree, may order and direct that the costs of such ejectment proceeding shall be paid by and recovered from one or more of such defendants by name and not from the other or others of them.

Payment of arrears of rent and costs may be made to Sheriff before execution.

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

Restitution order within six months on payment of arrears.

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

All defences in law or equity available.

9. Every defendant in a civil ejectment process shall be entitled to set up every defence which he might have had in law or in equity.

ORDER XXXIII. WORKMEN'S COMPENSATION ACTS.

Rules and forms of 1917 to be adapted.

The rules and forms prescribed by "The Consolidated Workmen's Compensation (Ireland) Rules, 1917" (adapted or modified where necessary), and any rules substituted in whole or in part therefor, shall apply to all proceedings under the Workmen's Compensation Acts, save that the headings for the forms given in the second Schedule shall be substituted for or added to the headings, as the case may be, of the forms prescribed by "The Consolidated Workmen's Compensation (Ireland) Rules, 1917."

ORDER XXXIV. TOWN TENANTS ACT, 1906.

Rules and forms of 1907 to be adapted.

The rules, forms and costs prescribed by the "Town Tenants Rules (Ireland), 1907" (adapted or modified where necessary), and any rules substituted in whole or in part therefor, shall apply to all proceedings in the Court under the Town Tenants (Ireland) Act, 1906, save that the headings for the forms given in the second Schedule shall be substituted for or added to the headings, as the case may be, of the forms prescribed by the Town Tenants Rules aforesaid.

ORDER XXXV. BANKRUPTCY.

Rules under Local Bankruptcy (Ireland) Act, 1888.

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

ORDER XXXVI. ADMIRALTY.

Admiralty Rules.

The Rules and Orders under the Court of Admiralty (Ireland) Act, 1867, and the Court of Admiralty (Ireland), Amendment Act, 1876, and any rules or orders substituted in whole or in part therefor, the practice and mode of procedure, the forms to be used (adapted or modified where necessary), the costs and charges to be payable to Counsel and Solicitors, and all powers, authorities, control and duties of the several officers, and all matters and things in connection therewith, shall apply to the exercise of Admiralty jurisdiction in the Court, save that the headings for the forms given in the Second Schedule shall be substituted for or added to the headings of the forms prescribed by the Admiralty Rules and Orders as aforesaid.

ORDER XXXVII. SERVICE OUT OF SAORSTAT EIREANN.

Cases in which service outside Saorstat Eireann will be permitted.

1. Service out of Saorstat Eireann of an originating document or of notice thereof may be allowed by the Court whenever:

(1) land within jurisdiction.

(1) the whole subject matter of the action is land situate within the jurisdiction (with or without rents or profits);

(2) matters affecting such land.

(2) 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;

(3) relief against residents within jurisdiction.

(3) any relief is sought against any person residing or carrying on business within the jurisdiction;

(4) personal estate of deceased who had a place of abode within jurisdiction.

(4) in probate matters and actions for the administration of the personal estate of any deceased person who at the time of his death had a fixed place of abode within the circuit; or for the execution (as to property situate within the jurisdiction) by the trustees, of any written instrument of which the person to be served is also a trustee which ought to be executed according to the law of Saorstát Eireann;

(5) breach of contract wherever made performable within jurisdiction.

(5) the action is founded on any breach or alleged breach within the jurisdiction of any contract wherever made, which according; to the terms thereof ought to be performed within the jurisdiction;

(6) Contract made within jurisdiction.

(6) the contract which is sought to be enforced or rescinded, dissolved, annulled, or otherwise affected in the action, or the breach whereof damages or other relief are or is demanded in such action was made or entered into within the jurisdiction;

(7) injunction or nuisance within jurisdiction.

(7) an injunction is sought as to anything to be done within the jurisdiction, or a nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof;

(8) necessary or proper parties to proceedings already brought.

(8) any person out of Saorstát Eireann is a necessary or proper party to an action properly brought in the Court against some other person already duly served within the jurisdiction; or

(9) tort committed within jurisdiction.

(9) the action is founded on a tort committed within the jurisdiction.

Good cause of action and proper to be tried in Saorstat Eireann.

2. Every application for leave to serve an originating document or notice thereof on a defendant out of Saorstát Eireann shall be supported by affidavit, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant or person to be served is or probably may be found, and whether such defendant or person sought to be served is or is not a citizen of Saorstát Eireann, and the grounds upon which the application is made; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of Saorstát Eireann under these rules.

Title of affidavit.

3. The application shall be made before the issue of the originating document, and the affidavit to ground the same shall, when no action is pending, be entitled as between the parties to the intended action, and "In the matter of the Courts of Justice Act, 1924 , and the Circuit Court of Justice in Saorstát Eireann."

Time for appearance to be named in order.

4. The order giving leave to effect such service, or to give such notice, shall limit a time after such service or notice within which such defendant, or person, is to enter an appearance, such time to depend on the place or country where, or within which the service is to be effected, and a copy of the order shall be served with the Civil Bill or other originating document.

Notice only to be served unless Defendant a citizen of Saorstat Eireann.

5. When the defendant is not a citizen of Saorstát Eireann, notice only of the originating document shall be served on him.

Discharge of order may be applied for.

6. A defendant or other person served with an originating document, or notice thereof, may apply on notice to the Court to discharge the order authorising such service.

ORDER XXXVIII. LICENCES.

Place where application is to be made.

1. Every application under section 50 of the Act shall be made in the County where the premises are situate, and at the Sitting of the Court held in the town nearest to the premises.

Notice giving particulars to be served beforehand.

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

Persons to be served with notice.

3. Such notice shall be served upon:

(i) the officer in charge of the Garda Siochana of the district in which the applicant resides,

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

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

at least twenty-one days before the first day of the sitting at which the application is to be made.

Notice to be published.

4. Such notice shall also not more than four, and not less than two weeks before the first day of the sitting for which notice of hearing of the application has been given, be inserted or advertised in some newspaper circulating in the place in which such premises are situate, and a copy of said newspaper shall be lodged with the County Registrar aforesaid immediately upon its issue.

Filing.

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

ORDER XXXIX. APPEALS FROM THE DISTRICT COURT.

Documents to be transmitted to County Registrar by Clerk of District Court.

1. On an appeal being taken from any decision of the District Court in accordance with the rules of that Court, the Clerk of such Court shall transmit to the County Registrar:

(i) In all cases:

(a) the original summons, civil bill or notice of application by which the proceedings have been instituted;

(b) the original notice of appeal;

(c) the original affidavit or statutory declaration of service;

(d) the recognizance (if any).

(ii) In criminal cases, in addition:

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

(b) the depositions (if any).

(c) the statement of the accused in writing (if any);

(iii) In licensing cases, in addition:

(a) a certified copy of the certificate or order of the Justice from which the appeal was taken.

Sitting at town nearest to District Court.

2. The hearing shall take place at the Sitting which is held in the nearest town to the District Court at which the decision appealed from was given and in the County in which the said District Court area is situated unless the Court shall otherwise order.

Original decree or dismiss to be produced.

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

Power of Court to deal with Appeals not entered or prosecuted.

4. Though such appeal may not be afterwards prosecuted or entered, or though notice in writing of set down may not have been given the Court, at the sitting for which notice of appeal was given may order the party appealing to pay to the party receiving such notice of appeal, such costs and charges as to the Court shall seem just.

In certain case the Court may issue Decree or Dismiss.

5. In cases in which jurisdiction has been conferred upon the District Court by paragraph A of Section 77 of the Act the Court may issue the necessary Decree or Dismiss for the execution of the original or varied order or to enforce payment of costs awarded by the Court.

County Registrar to certify

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

Application for certificate.

7. Application for a certificate required by Section 63 of the Act shall be made to the Court immediately on the termination of a trial or within three days thereof.

ORDER XL. COSTS.

Costs in general to be in discretion of the Court.

1. Save as otherwise prescribed by Statute or by these Rules the costs of all parties of and incident to any proceeding in the Court shall be in the discretion of the Judge.

Costs in Jury cases to follow the event.

2. Subject to all enactments existing at the passing of the Act limiting, regulating, or affecting the costs payable in any action by reference to the amount recovered therein, the costs of every action, question and issue tried by a jury shall follow the event unless, upon application made the judge at the trial shall for special cause shown and mentioned in the judgment otherwise direct.

Costs of motions to be costs in the proceeding unless otherwise awarded by the Court.

3. The costs of any motion or order may be awarded by the Court irrespective of the judgment in the action or may be made costs in the action, or may be reserved to be dealt with on the conclusion of the action; but if no order to the contrary is made, such costs shall be costs in the action.

Costs recoverable severally as well as jointly.

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

Costs to be taxed by County Registrar.

5. All costs other than those prescribed in the case of Judgments by default or on consent shall be taxed by the County Registrar (who for that purpose shall have all the powers of a Taxing Master in the High Court) subject to an appeal to the Court.

No costs other than those in third schedule.

6. The costs and fees specific din the scales set forth in the third schedule to these rules shall be deemed and taken as the lawful fees, costs, charges and emoluments for the business therein provided for as between party and party, and no other fees, costs, charges or emoluments shall be recoverable therefor.

One bill only to be presented.

7. Unless the Court shall otherwise order the costs of interim orders shall not be taxed until the conclusion of the action or matter and a party may present only one bill for taxation up to and including the judgment or order or other conclusion of the action or matter.

Outlay only to be allowed where no Solicitor instructed.

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

Tender in discharge of costs.

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

Vouching of disbursement items.

10. In any taxation of costs, wherever items appear for disbursement,the same shall be vouched in such manner as the County Registrar may consider proper.

District Court Costs in undefended cases.

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

In defended cases.

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

Special remuneration may be applied for in difficult cases.

13. Where having regard to the work necessarily and actually performed, or the exceptional or peculiar difficulty or complexity of the case or the interests involved the costs allowed under the appropriate scale would be inadequate application may be made on behalf of the party to whom costs are awarded for an order granting special remuneration. Such special remuneration may be allowed by the Court as it may consider in all the circumstances just and reasonable, but the sum allowed shall not in any case exceed the sum of £10 :10 :0 in addition to the appropriate scale costs, and the Court before considering the application may require detailed particulars of the peculiar or exceptional difficulty or complexity of the work.

Taxation on higher scale.

14. The Court may on special application made to it, order that the costs as between party and party of any proceeding be taxed on a scale higher than that applicable by reason of the amount involved or the relief granted, and may order such taxation on a higher scale in the case of any application under the last preceding rule in which it has not seen fit to award special remuneration.

Ex-parte applications

15. The Court may in a particular case allow to the Plaintiff or Defendant as the case may be the costs of any exparte or other applications necessarily and properly made before the hearing.

These rules and the schedules not to affect Solicitor and Client costs.

16. The rules of this order and the scales of costs set forth in the third schedule shall apply only to proceedings and matters instituted in or transferred to the Court. Nothing in said rules or schedule contained shall limit or affect the right of a Solicitor to charge according to the ordinary Solicitor and Client scale of costs now in force and applicable thereto for work done or professional services rendered.

Costs to be exclusive of outlay.

17. The costs set forth in the scales in the third schedule shall in every instance be exclusive of and in addition to all actual and necessary outlay.

Costs payable after issue of Civil Bill even though not served.

18. The costs mentioned in Rule 7 of Order II. shall be payable by a Defendant after the issue of a Civil Bill even though he tenders or pays the amount of the Plaintiff's demand to the Plaintiff or his Solicitor before such Civil Bill be served upon him.

Costs of counterclaim to be set off

19. Where a Counterclaim has been made and Judgment has been obtained on foot thereof costs of the counterclaim shall be allowed to the Defendant on the scale which would have been applicable if he had instituted proceedings in respect thereof as Plaintiff and the amount of such costs shall be set off pro tanto against any costs payable to the Plaintiff in respect of his claim.

Costs if counterclaim dismissed.

20. Where a Counterclaim has been made but has been dismissed the Plaintiff shall be allowed costs on the scale appropriate to a Dismiss made in respect of a claim for a like amount.

Defendant if successful to get costs of lodgment.

21. Where judgment is given in favour of a Defendant who has lodged in Court a sum in satisfaction of the Plaintiff's claim the Court may allow to the said Defendant in addition to the appropriate scale costs a reasonable sum not exceeding £1 :1 :0.

Costs of registering judgment.

22. Where a judgment is registered under the provisions of the Act a sum of £1 :10 :0 shall be allowed in addition to the costs set forth in the appropriate scale in the third schedule.

Counsel's fees.

23. Counsel's fees when allowed shall be according to the scale set forth in the Appendix to the third Schedule.

Jury.

24. Where a Jury is summoned and allowed the costs for summoning same shall be the sum of 10s. 6d. in addition to any fees payable to the Sheriff in connection therewith.

Solicitor and Client costs where judgment for smaller sum than that claimed.

25. Where in an action for a liquidated demand Judgment is given for a lesser sum than the amount sued for, the Solicitor for the Plaintiff or Defendant shall be entitled to charge as between Solicitor and Client the Costs applicable to the amount sued for, credit being given for any Costs recovered from the opposite party.

Solicitor and Client costs in exceptional cases.

26. Where owing to the work actually performed or the peculiar or exceptional difficulty or complexity of the case the Costs allowed by the Schedule would be inadequate, a fair and reasonable fee over and above the Costs allowed in the Third Schedule may be charged as between Solicitor and Client, together with the amount of any proper and necessary outlay. Such special fee if charged may be taxed by the County Registrar, on the application of the Client or the Solicitor at any time within one month from the date when the Bill of Costs was furnished.

Appeals.

27. In Appeals from the District Court party and party costs shall be allowed on the scale set forth in Part VIII. of the Third Schedule.

Costs in Equity cases and in proceedings for sums exceeding £100.

28. Costs as between Solicitor and Client and the Plaintiff's party and party costs of actions and matters where the amount recovered or involved exceeds £100 or the Defendant's party and party costs where the amount sued for or involved exceeds £100 and the action or matter is dismissed, or the party and party costs of actions for assault, breach of promise, libel or slander or of any of the proceedings mentioned in Order XXVI., Rule 1, shall be taxed under the present High Court scale and the rules applicable thereto less one-third, but nothing herein shall be deemed to authorise in Equity cases the value of the subject matter of which does not exceed £200 or £500 respectively, and which could formerly have been brought under the provision of the County Officers and Courts (Ireland) Act, 1877, Part II. , the allowance of any greater costs than those which by the Rules of the County Court were payable in such proceedings in the County Court immediately prior to the passing of the Act.

Costs in cases of ejectment (Agricultural Holdings).

29. Land Law (Ireland) Act, 1887 and 1896 (Agricultural Holdings)—The Costs of a Judgment in Ejectment for non-payment of rent or of a dismiss in cases under this Act shall be allowed according to the scale in Part V. of the third Schedule.

Landlord and Tenant cases.

30. Landlord and Tenant (Ireland) Act, 1870 and Land Law (Ireland) Act, 1881—The Costs and fees in cases under these Acts shall be allowed according to the scale in force immediately prior to the coming into operation of these Rules.

Costs under Special Acts.

30. Where under any Act a Special Scale of Costs is prescribed such scale as amended by any subsequent order shall continue to apply notwithstanding the coming into operation of these Rules.

ORDER XLI. GENERAL.

Solicitor may do acts for client.

1. Where by these rules any act may be done by any party or person such act may be done either in person or by his solicitor.

Service of documents for which no mode of service prescribed.

2. Any document required by these rules to be delivered to or served on any party or person and as to which no mode of service is prescribed by these rules, may be so delivered or served by delivering the same to the party or person on whom it is to be served personally wherever he is to be found, or by delivering the same at the residence or place of business of such person, or by sending the same by post, addressed to such party or person at his last known residence or place of business.

Service of Solicitor

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

Size of documents for service filing.

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

Advertisements.

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

Forms.

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

Where no forms provided.

7. Where no forms are provided, parties shall frame the documents, using as guides the forms contained in the second Schedule.

Extension time and deeming good step already taken.

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

Irregularities

9. Application to set aside proceedings for irregularity shall be made to the Court on notice, but no application to set aside any proceeding for irregularity shall be allowed unless made within a reasonable time, nor if the party moving has taken any fresh step after knowledge of the irregularity, and any notice of any such motion shall contain the objections intended to be relied on.

Civil Bill or Petition.

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

Amendments

11. The Court, at any stage of the proceedings, may permit either party to amend or alter any document or may disallow any amendment of a Civil Bill or counterclaim already made or may amend any defect or error in any process, and all consequential necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceeding.

Instalments.

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

Want of jurisdiction.

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

References in Statutes to County Courts.

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

Revenue matters.

15. The procedure in force with reference to Revenue Causes and matters in the High Court, shall apply mutatis mutandis to similar proceedings in the Court, and the forms to be used in the Court shall be similar in requirement to the forms in use in the High Court relating to Revenue Causes and matters.

Rules to apply in proceedings by or against the State.

16. Save where otherwise stated these rules shall apply to all proceedings on behalf of or against the State or any Minister or Department.

Co. Registrar may adjourn in absence of Judge.

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

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

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

Change of Solicitors.

19. A party suing or defending by a Solicitor shall be at liberty to change his Solicitor or to discharge his Solicitor and sue or defend in person, and any party suing or defending in person shall be at liberty to appoint a Solicitor without an order for the purpose upon notice of such change, discharge or appointment being filed in the office.

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

20. The application for a re-hearing in any of the proceedings referred to in Section 42 of the County Officers and Courts (Ireland) Act, 1817, shall set forth fully the grounds upon which the re-hearing is sought, and notice thereof shall be filed in the office and served upon the opposite party or his successor in interest not less than fourteen days before the opening day of the Sittings at which the application is to be made.

Non-compliance with Rules.

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

FIRST SCHEDULE.

Sittings—Towns.

SECOND SCHEDULE

FORMS.

Heading for all forms:

SAORSTAT EIREANN.

AN CHUIRT BHREITHIUNAIS CHUARDA.

(Circuit Court of Justice).

CIRCUIT No. ............

COUNTY OF..........................................

Form No. 1.—Consent under sec. 48 (1) of the Act.

We, the undersigned parties, do hereby consent, under Sec. 48 (1) of the Courts of Justice Act (No. 10 of 1924) that the Circuit Court of Circuit No.   to be held at     shall have power to try the action (or determine the matter) entitled as above, notwithstanding the fact that the subject matter exceeds or is outside the jurisdiction of the said Court (and at the option of the parties:—

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

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

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

Form No. 2.—Ordinary Civil Bill.

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

, an appearance to answer the claim of , of

in the County of          , the Plaintiff herein,

for £     and costs, as indorsed hereon.

And take notice that in default of your so doing you will be held to have admitted the said claim, and the Plaintiff may proceed therein and judgment may be given against you in your absence without further notice.

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

The appearance and defence may be entered and notice thereof given to the Plaintiff or his Solicitor by post.

INDORSEMENT OF CLAIM.

PARTICULARS.

The Plaintiff's claim is for the sum of £       (being for cash lent, goods sold and delivered, etc., as the case may be) and for the costs of the proceeding.

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

Form No. 2A.—Ejectment Civil Bill—Permissive occupant.

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

, an appearance to answer the claim of       of        in the

County of               , the Plaintiff herein, for possession

of the premises occupied by you as (servant, or caretaker, or permissive occupant, as the case may be).

And take notice that in default of your so doing you will be held to have admitted the said claim and application may be made to the Court in your absence for an order for immediate possession.

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

The appearance and defence may he entered and notice thereof given to the Plaintiff or his Solicitor by post.

INDORSEMENT OF CLAIM.

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

situated at         and occupied by the Defendant since

       as       whereof possession was

demanded on         but has been withheld.

Form No. 2B.—Ejectment Civil Bill.-Non-payment of rent.

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

, an appearance to answer the claim of        of        in the

County of      , the Plaintiff herein, for possession of the premises occupied by you as tenant (from year to year or under lease or contract of tenancy as the case may be).

And take notice that in default of your so doing you will be held to have admitted the said claim and application may be made to the Court in your absence for an order for immediate possession.

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

The appearance and defence may be entered and notice thereof given to the Plaintiff or his Solicitor by post.

To

C.D.,

Defendant,

and all other persons having or claiming any interest in the premises.

INDORSEMENT OF CLAIM.

The Plaintiff's claim is for possession of £

at         held by the Defendant as tenant to the Plaintiff under    at the yearly rent     of on the ground that the sum of £     being one full year's rent which became due and payable on        is still due and unpaid.

NOTE.—If the said sum of £     together with the sum of £1:5:0 in full satisfaction of all costs be paid to the Plaintiff or his Solicitor within ten days from the service hereof all further proceedings will be stayed.

Form No. 2C—Title Jurisdiction.—Ejectment Civil Bill on the Title.

You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his office at , an appearance to answer the claim of of in the County of       , the Plaintiff herein, for possession of the lands of    the annual value of which does not exceed the sum of £60.

And take notice that in default of your so doing you will be held to have admitted the said claim and application may be made to the Court in your absence for an order for immediate possession.

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

The appearance and defence may be entered and notice thereof given to the Plaintiff or his Solicitor by post.

To

C.D.,

Defendant,

and all other persons having or claiming any interest in the premises.

INDORSEMENT OF CLAIM.

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

which are the property of the

Plaintiff and possession of which the Defendant wrongfully withholds.

.............................................Plaintiff or Solicitor for Plaintiff.

FORM No. 2D.—Ejectment Civil Bill for Overholding.

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

, an appearance to answer the claim of of in the County of the Plaintiff herein, for possession of the premises at occupied by you.

And take notice that in default of your so doing you will be held to have admitted the said claim and application may be made to the Court in your absence for an order for immediate possession.

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

The appearance and defence may be entered and notice thereof given to the Plaintiff or his Solicitor by post.

To

C.D.,

Defendant,

and all persons having or claiming any interest in the premises.

INDORSEMENT OF CLAIM.

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

lately held by the Defendant C. D. as tenant to the     lease    Plaintiff under of tenancy dated

contract

which said tenancy determined on       last.

Form No. 2E.—Civil Bill for Legacy.

You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar, at his office at     , an appearance to answer the claim of      of        in the County of                 , against you as (executor or administrator as the case may be) of              deceased.

And take notice that in default of your so doing you will be held to have admitted the said claim and judgment may be given against you in your absence.

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

The appearance and defence may be entered and notice thereof given to the Plaintiff or his Solicitor by post.

To

C.D.,

the Defendant.

INDORSEMENT OF CLAIM.

The Plaintiff's claim is against the Defendant as (executor or administrator as the case may be) of                        deceased for the sum of £               being in respect of a legacy (or distributive share of the assets) under the will (or upon the distribution of the assets) of the said deceased.

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

or Solicitor for Plaintiff.

Form No. 2F. Lunacy Civil Bill.

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

Exparte C.D. of       Petitioner.

You the said A.B. or some person on your behalf are hereby required within ten days from the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar at his office at

an appearance to show cause why you should not be declared to be a person of unsound mind.

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

The appearance and objection may be entered and notice thereof given to the Petitioner or his Solicitor by post.

To

A.B. of

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

INDORSEMENT OF CLAIM.

The Petitioner C.D. being a person having an interest in the well-being of the said A.B. avers that the said A.B. who has for the past twelve months been residing at     is a person of unsound mind and incapable of protecting his own property which so far as the said C.D. can ascertain consists of the following:—

The said Petitioner accordingly prays that the said property be taken under the protection and control of the Court and applied for the maintenance of the said A.B. under the Court's direction.

.............................................Signature of Petitioner.

...............................................Petitioner's Solicitor.

Form no. 2G.—Interpleader Civil Bill.

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

County of           for relief by way of interpleader.

And take notice that in default of your so doing you will be held to have admitted the said claim and application may be made to the Court in your absence for an order barring any claim you may have to the subject-matter of these proceedings.

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

The appearance and defence may be entered and notice thereof given to the Plaintiff or his Solicitor by post.

INDORSEMENT OF CLAIM.

The Plaintiff's claim is to have it determined by the Court whether..................................(describe the property) in which he himself claims no interest is the property of the said C.D. or the said E.F. The Plaintiff avers that he is not in collusion with the said C.D. or the said E.F. and declares that he is willing to hold the said..........................................or transfer the same as the Court may direct.

The Plaintiff claims also the costs of these proceedings as the Court may determine.

Form No. 2H.—Testamentary Civil Bill.

In the matter of.................:.....................deceased.

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

, an appearance to answer the claim of      of     in the County of the Plaintiff herein

grant

for the of probate or letters of administration as set forth in the

revocation

indorsement.

And take notice that in default of your so doing you will be held to have admitted the said claim and application may be made to the Court in your absence.

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

The appearance and defence may be entered and notice thereof given to the plaintiff or his Solicitor by post.

INDORSEMENT OF CLAIM.

The Plaintiff's claim is for a grant of probate of the last will and testament dated................................... of ..................................................of......................................

in the County of.......................................who died on......................................................

or

The Plaintiff's claim is for the grant of letters of administration of the estate of...................................................... of............................................................ ........in the County of..........................................who died on................................. intestate,

or

Probate

The Plaintiff's claim is for the revocation of of Administration

Letters

granted forth of........................................................Probate Registry on..........................

in the matter of the estate of............................................................ .........................in the

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

Form No 3.—Request for entry of Civil Bill.

The Defendant having been duly served on....................................with a copy of the Civil Bill herein, and not having satisfied the Plaintiff's demand I request you will enter the said Original Civil Bill, which is attached hereto, for further proceeding.

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

or Solicitor for Plaintiff/

Form No. 4.—Consent to Judgment.

The Defendant hereby admits that he is liable to the Plaintiff for the sum of £

being portion of the claim in as claimed in

the Civil Bill served upon him on............................................................ .....................and consents to the entry of judgment against him accordingly with appropriate costs to date.

.............................................DEFENDANT.

...............................................WITNESS.

Form No. 5.—Entry of Appearance.

(1) To the County Registrar

at.......................................

I request you will enter an appearance herein on behalf of the Defendant to the Civil Bill served upon him on................................

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

or Defendant's Solicitor.

(2) To..............................Plaintiff,

or Plaintiff's Solicitor.

The appearance mentioned above was this day lodged by hand (or sent by post) and the said Defendant intends to defend this proceeding.

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

or Defendant's Solicitor.

Form No. 6.—Defence.

The Defendant refers to the Plaintiff's claim in the Civil Bill served herein to which an appearance was entered on     . The Defendant will contest the said claim on the ground

......................................................Defendant,

or Solicitor for Defendant.

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

Plaintiff

or Plaintiff's Solicitor

and

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

County Registrar

Form No. 7.—Notice requiring Copies of Documents.

Plaintiff

Take notice that the requires copies of the following documents

Defendant

Defence

referred to in herein, viz.:—

Civil Bill

Form No. 8.—Notice requiring further information.

PLAINTIFF

Take notice that the requires further information regarding

DEFENDANT

DEFENCE

the following matters referred to in the herein, viz.:—

CIVIL BILL

Form No. 9.—Application for Judgment by default of appearance.

The Plaintiff refers to the Civil Bill herein entered on

the time for appearance to which expired on

declaration

as appears by the of service lodged herewith. No appearance

affidavit

having been entered by or on behalf of the Defendant the Plaintiff hereby requests that judgment be entered for the sum of £     (the sum now actually due over and above all just credits and allowances as *verified by the Affidavit of Debt sworn by............................................. on....................................) besides costs.

*In proceedings at the suit of the Land Commission or Commissioners of Public Works substitute "as appears by the Certificate under seal dated the......day of..................19......in pursuance of Section 28 of the Land Act, 1927 ," or as the case may be.

CERTIFICATE.

the sum of £

It is hereby certified that only

no sum whatever

has been paid on foot of the claim herein since service of the Civil Bill herein and that the sum of £    is accordingly now actually due by the Defendant to the Plaintiff.

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

or Solicitor for Plaintiff.

Form No. 10.—Application for Judgment by default of defence.

The Plaintiff refers to the Civil Bill herein entered on

the time for appearance to which expired on      The Defendant having entered an appearance on       but not having given notice of Defence the Plaintiff hereby requests that Judgment be entered for the sum of £   (the sum now actually due over and above all just credits and allowances as verified by the affidavit of Debt sworn by   on         ) besides costs.

[Certificate as in Form No. 9.]

Form No. 11.—Notice of Motion for Summary Judgment.

Take notice that application will be made to the Court on

or on the next opportunity thereafter for leave to enter Judgment against the Defendant for the sum of £       and costs notwithstanding the appearance entered on his behalf.

The said application will be grounded on the affidavit of     filed on    a copy of which is served herewith. Any affidavit intended to be used in reply thereto should be filed and delivered before the hearing of the application.

............................................................ .PLAINTIFF

or Solicitor for Plaintiff

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

DEFENDANT.

or Defendant's Solicitor.

Form No. 12.—Affidavit grounding application for Summary Judgment.

I............................................................ .......of.................................................(occupation)

make oath and say as follows:—

1. I am the Plaintiff in this action (or the facts stated herein are within my own knowledge, and I am duly authorised to make this affidavit.)

2. I refer to the Civil Bill herein served on the Defendant and I say that the sum of £ claimed therein to be due to the Plaintiff is now actually due and owing as stated in the indorsement.

(The circumstances in which the sum claimed became due should be stated).

3. I believe that the Defendant has not a bona-fide defence to the said claim and that the appearance entered on his behalf has been entered solely for the purpose of delay.

Form No. 13.—Notice of Motion for review of Judgment.

Take notice that application on behalf of the Defendant will be made to the

Court on        or on the next opportunity set aside appearance

thereafter to the Judgment entered by default ofvary defence herein on the..................... day of ..................19 , (and further take notice that the Defendant having lodged in Court the sum of

this notice is to operate as a stay of proceedings pending the hearing of the said application).

The grounds upon which the application is made are that the said Judgment was entered by surprise, etc., etc. (set forth the reasons why an appearance or a defence as the case may be was not entered), and that the Defendant has a good and valid defence to the Civil Bill herein on the ground that..............................

Form No. 14.—Summons to Witness. (Not more than four names to be included.)

You are hereby required to appear in person before the Circuit Court at

on the day of

19   at the hour of   in the   noon, and so from day to day until this proceeding is disposed of to give evidence on behalf of.......................................................... (Where documents are to be produced add:—And to bring with you and produce to the Court the documents mentioned hereunder.)

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

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

INDORSEMENT ON SUMMONS TO WITNESS.

"If any person having been duly summoned to give evidence or required in manner prescribed to produce any books, papers or documents in his possession or under his control which the party requiring his attendance desires to show in evidence, fails without lawful excuse, to attend or to give evidence or to produce such books, papers or documents, according to the summons, or unless duly excused, fails to remain in attendance throughout the trial or the proceeding, the Court upon being satisfied that such person has been duly summoned and that his reasonable expenses have been tendered to him may attach him for contempt or may impose upon him a fine not exceeding £25 (Twenty-five pounds) for his default, and sentence him in default of payment to imprisonment for a period not exceeding one month."

Form No. 15.—Notice of Trial.

Take notice of trial of this action (or of the issues ordered to be tried as the case may be) for the   day of    next (with or without a jury as the case may be).

or add:

And further take notice that in the event of your not signifying your desire to have the same tried with a jury (by notice in writing) within four days from service of this notice of trial, the action (or, as the case may be) will be tried without a jury.

Form No. 16.—Decree.

The Defendant having been duly served with the Civil Bill herein and it appearing to the Court that the Plaintiff is entitled to (the sum of £,

or possession of the premises, or recovery of the chattel, etc.) as therein claimed;

The Court doth order that the Plaintiff do recover (the said sum, or possession, etc.) together with the sum of £  for costs of the proceeding.

By the Court.

Form No. 17.—Stay of Execution.

Decree as above with addition as follows: "but the Court doth further order that execution on foot hereof be stayed (` up to and including the

weeks

      day of      next,' or 'for

months

from the date hereof ' as the case may be)."

Form No. 18.—lnstalments.

"And the Court doth further order that the said sum of £  and £  for costs be paid in the following instalments, viz. a sum of £   on or before the  day of and," etc., etc.,

"but in default of payment of any of the said instalments the Court doth order that execution do issue on foot hereof for the balance remaining due at the time of such default."

Form No. 19.—Dismiss.

The Defendant having been duly served with the Civil Bill herein but the Court, being now satisfied that the claim therein on the part of the Plaintiff (for the recovery of the sum of £ or possession of the premises at

, as the case may be) has not been proved, doth order that the said Civil Bill be and the same is hereby dismissed (without prejudice, etc., etc., in cases where appropriate);

And the Court doth further order that the Defendant do recover from the Plaintiff the sum of £  as and for the costs of the proceeding (or the costs of the proceeding when taxed and ascertained, as the case may be).

Form No. 20.—Request for Execution Order.

Order directed to the SHERIFF (or COUNTY REGISTRAR as the case may be) of the

made herein on..........................................for the sum of £(or recovery of possession of the lands of............................................................ ......... as the case may be).

of....................................and is..............................(insert description).

Form No. 21.—Execution Order against goods.

on.............................................for the sum of £

together with the sum of £   for costs, you are hereby authorised and required to take in execution the goods of the said

............................of..........................................within your County to satisfy the amount due on foot of the said DECREE, DISMISS together with the costs of the said execution including the sum of £.............................as and for the costs of this order, and also interest at the rate of £5 per cent. per annum on the said sum of £

(being the sum due under the decree, exclusive of costs and expenses) from

(the date of the decree).

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

Sheriff (or County Registrar) of the County of ...........................................................

NOTE.—This Execution Order is in force for one year only from the date hereof.

INDORSEMENT ON EXECUTION ORDER.

This execution order was issued by..................................of

Solicitor for..............................herein (or by.................... of.......................................