IE
S.I. No. 15/1986 - The Rules of the Superior Courts
Table of Provisions (183)
Statutory Text (183 Articles)
0. 74, r. 140
Statement of assets and liabilities.
(Pursuant to section 261)
STATEMENT OF ASSETS AND LIABILITIES.
of Company Limited
To be submitted to a meeting of creditors pursuant to section 261
of the
Companies Act, 1963
by the Liquidator who is of opinion that the company is unable to pay its debts in full
within the period stated in the declaration of solvency
, viz., months from the commencement of the winding up.
Date of commencement of winding up: , 19 .
Liquidator's remarks.
The Liquidator should draw attention to any item where there is a substantial difference between his estimate and the directors' estimate in the statement annexed to the declaration of solvency
.
STATEMENT OF ASSETS AND LIABILITIES OF .
LIMITED.
as at the _____ day of ,19 .
I. ASSETS.
Estimated realisable value
(1) ASSETS SPECIFICALLY CHARGED
Freehold property
.. .. .. .. Leasehold property
.. .. .. Other property, viz. .. .. ..
TOTAL .. ..
£
(2) ASSETS NOT SPECIFICALLY CHARGED
Balance at bank
.. .. .. .. Cash in hand
.. .. .. .. Marketable securities
.. .. .. Bills receivable
.. .. .. .. Trade debtors
.. .. .. .. Loans and advances
.. .. .. Unpaid calls
.. .. .. .. Stock in trade
.. .. .. .. Work in progress
.. .. .. .. Freehold property
.. .. .. .. Leasehold property
.. .. .. Lorries and motor vehicles
.. .. .. Other plant and machinery
Furniture, fittings, utensils, &c.
.. .. Patents and trade marks
.. .. .. Investments other than marketable securities
Other property, viz. .. .. ..
TOTAL .. ..
£
(3) GROSS ASSETS
specifically charged (as at (1) above) .. ..
£
not specifically charged (as at (2) above) ..
£
TOTAL .. ..
£
II. LIABILITIES.
(1) CREDITORS SECURED by assets specifically charged
(Amounts claimed to be due: £ )
Extent to which claims are estimated to be covered by assests specifically charged .. ..
£
(2) PREFERENTIAL CREDITORS
Amounts for which preference is claimed ..
£
(3) DEBENTUREHOLDERS secured by floating charge
Amounts claimed to be due after deducting any sums estimated (at(1) above) to be covered by assets specifically charged .. .. ..
£
(4) UNSECURED CREDITORS
Amounts claimed to be due including unsecured balance of claims of creditors secured by assets specifically charged .. .. ..
Contingent liabilities (state nature) .. ..
GROSS LIABILITIES
£
III. SUMMARY OF ASSETS ESTIMATED TO BE AVAILABLE TO MEET CREDITORS' CLAIMS.
GROSS ASSETS—Total (as at I (3) above) ..
£
deduct amounts due to SECURED CREDITORS to extent to which claims are estimated (at II (1) above) to be covered by assets specifically charged
£
Balance available for preferential creditors ..
£
deduct amounts claimed to be due to PREFERENTIAL CREDITORS (as at II (2) above) .. ..
£
Balance available for debenture holders secured by a floating charge .. .. ..
£
deduct amounts due to such DEBENTURE HOLDERS (as at II (3) above) .. .. ..
£
Balance available for unsecured creditors .. ..
£
deduct amounts claimed to be due to UNSECURED CREDITORS (as at II (4) above) .. ..
£
ESTIMATED SURPLUS/DEFICIENCY
£
(i) The foregoing estimates are subject to the costs of winding up and to any surplus or deficiency on trading pending realisation of the assets.
(ii) There is no unpaid capital liable to be called up or the nominal amount of unpaid capital liable to be called up is £ estimated to produce £ , which is/is not charged in favour of debenture holders.
Dated
(Signed)
Liquidator.
No. 49.
O. 74, r. 141.
LIQUIDATOR'S STATEMENT OF ACCOUNT (MEMBERS OR CREDITORS VOLUNTARY WINDING UP).
(Pursuant to section 263 or section 273).
Name of company
(in liquidation).
No. of company
Presented by
Delete as necessary
LIQUIDATOR'S STATEMENT OF ACCOUNT IN MEMBERS/CREDITORS VOLUNTARY WINDING UP.
Statement showing how the winding up has been conducted and the property of the company has been disposed of.
From , 19 .(Commencement of winding up) to , 19 .(Close of winding up).
Statement of assets and liabilities
Receipts
Payments
£
£
Receipts .. .. ..
Costs of solicitor to Liquidator .. ..
Cash at bank .. .. ..
Other law costs .. .. .. ..
Cash in hand .. .. ..
Liquidator's remuneration:—
£
Marketable securities .. ..
where applicable
Sundry debtors
%on £realised
%on £distributed £
Stock in trade .. .. ..
By whom fixed
Work in progress .. ..
Auctioneers and valuers charges
Freehold property .. ..
Costs of possession and maintenance of estate
Leasehold property .. ..
Costs of notices in Iris Oifigiúl and newspapers
Motor cars and lorries .. ..
Incidental outlay .. .. .. ..
Plant and machinery .. ..
Total cost and charges .. .. ..
Furniture, fittings and utensils, &c. .. .. ..
(i) Debenture holders:—
£
Patents, trade marks, &c .. .. ..
Payment of £
Investments other than
marketable securities
per £ debenture ..
Surplus from securities
Unpaid calls at commencement of winding up
Payment of £
.. ..per £ debenture ..
Amounts received from calls on contributories made in the winding up
(ii) Creditors:—
*preferential
.. .. *unsecured .. ..
Receipts per trading account
Dividend(s) of .in £
on £ .. .. ..
Other property, viz. .. ..
(The estimate of amount expected to rank for dividend was £ )
£
Less:—
(iii) Returns to contributories
Payments to redeem securities
per £
Cost of execution .. ..
†share .. ..
Payments per trading account
per £
†share .. ..
Net realisations
£
Balance
(1) Assets including shown in the statement of assets and liabilities and estimated to be of the value of £ have proved tobe unrealisable.
(2) State amount paid into the Companies Liquidation Account in respect of
(a) unclaimed dividends payable to creditors in the winding up .. .. .. ..
£
(b) other unclaimed distributions in the winding up .. .. .. .. ..
£
(c) other unclaimed balances .. .. .. .. .. .. ..
£
(3) Add here any special remarks the Liquidator thinks desirable:—
Dated
(Signed)
,Liquidator.
*State number. Preferential creditors need not be separately shown if all creditors have been paid in full.
†
†State nominal value and class of share.
No. 50
O. 74, r. 142
RETURN OF FINAL WINDING UP MEETING.
(Pursuant to section 263).
RETURN OF FINAL WINDING UP MEETING.
(MEMBERS' VOLUNTARY WINDING UP).
Name of company
No. of company
Presented by
To the registrar of companies,
I, of , being the Liquidator of Limited have to inform you that a general meeting of the company was duly held on/summoned for (
a
) the day of ,19 pursuant to
section 263
of the
Companies Act, 1963
for the purpose of having an account (of which a copy is attached hereto) (
b
) laid before it showing how the winding up of the company has been conducted, and the property of the company has been disposed of, and that the same was done accordingly (
or
that no quorum was present at the meeting).
Dated
(Signed) (c)
Liquidator.
(
a
)
Strike out that which does not apply.
(
b
)
The copy account accompanying this return must be authenticated by the signature of the Liquidator.
(
c
)
To be signed by each Liquidator if more than one.
No. 51.
O. 74, r. 143
RETURN OF FINAL WINDING UP MEETINGS.
(Pursuant to section 273).
RETURN OF THE FINAL WINDING UP MEETING OF MEMBERS AND CREDITORS (CREDITORS' VOLUNTARY WINDING UP).
Name of company
No. of company
Presented by
To the registrar of companies,
I, of , being the Liquidator of Limited, have to inform you—
(1) that a general meeting of the above named company was duly held on/summoned for (
a
) the day of , 19 pursuant to
section 273
of the
Companies Act, 1963
for the purpose of having an account (of which a copy is attached hereto) (
b
) laid before it showing how the winding up of the said company has been conducted and that the property of the said company has been disposed of, and that the same was done accordingly (
or
that no quorum was present at the meeting).
(2) that a meeting of the creditors of the said company was duly held on/summoned for (
a
) the day of ,19 pursuant to
section 273
of the
Companies Act, 1963
for the purpose of having the said account laid before it showing how the winding up of the said company has been conducted and the property of the said company has been disposed of and that the same was done accordingly (
or
that no quorum was present at the meeting).
Dated
(Signed) (
c
).
Liquidator.
(
a
)
Strike out that which does not apply.
(
b
)
The copy account accompanying this return must be authenticated by the signature of the Liquidator.
(
c
)
To be signed by each Liquidator if more than one.
APPENDIX N
PROCEDURE ON APPLICATIONS UNDER THE COMPANIES ACTS OTHER THAN THOSE RELATING TO WINDING-UP
No. 1.
O. 75, r. 3.
PETITION
THE HIGH COURT
19 No.
In the matter of [Limited] [Public Limited Company] and in the matter of the
Companies Act, 1963
To the High Court
The humble petition of of showeth as follows
1. An account of the personal estate [
not specifically bequeathed
] of Z., deceased, the abovenamed testator, come to the hands of
2. An account of the testator's debts.
3. An account of the testator's funeral expenses.
4. An account of the legacies and annuities (if any), given by the testator's will.
5. An inquiry as to what parts (if any) of the testator's said personal estate are outstanding or undisposed of.
AND IT IS ORDERED that the testator's personal estate [
not specifically bequeathed
] be applied in payment of his debts and funeral expenses in due course of administration, and then in payment of the legacies and annuities (if any) given by his will.
(If ordered).
AND IT IS ORDERED that the following further inquiries and accounts be made and taken that is to say:—
6. An inquiry as to what real estate the testator was seized of, or entitled to at the time of his death.
7. An account of the rents and profits of the testator's real estate received by ........................
8. An inquiry as to what incumbrances (if any) affect the testator's real estate or any and what parts thereof.
(If sale ordered).
9. An account of what is due to the incumbrancers in respect of their incumbrances.
10. An inquiry as to what are the priorities of such last-mentioned incumbrances.
AND IT IS ORDERED that the testator's real estate be sold with the approbation of the Court.
AND IT IS ORDERED that the further consideration of this cause be adjourned, and any of the parties are to be at liberty to apply as they may be advised.
No. 30.
O. 15, r. 33
MEMORANDUM ON NOTICE OF JUDGMENT.
__________
Take notice, that from the time of the service of this notice you [
or as the case may be
, the infant
or
person of unsound mind] will be bound by the proceedings in the above cause in the same manner as if you [
or
the said infant or person of unsound mind] had been originally made a party, and that you [
or
the said infant or person of unsound mind] may, on entering an appearance at the Central Office, Four Courts, Dublin, attend the proceedings under the within mentioned judgment [
or
order] and that you [
or
the said infant or person of unsound mind] may within one month after the service of this notice apply to the Court to discharge vary or add to the judgment [
or
order].
__________
No. 31.
O. 15, r. 34
MEMORANDUM OF SERVICE OF NOTICE OF JUDGMENT.
__________
[
Heading as in Form No.
1.]
Enter memorandum of service of notice of judgment [
or
order] dated the day of 19 , on the undermentioned person viz.:—
Name of party served
Date of service
(Signed)
11. Your petitioner charges that the said C.D. and E.F. have excluded and intend to continue to exclude the petitioner from any share in the conduct of the company's business or in the distribution of its profits.
12. Your petitioner further charges that the said C.D. and E.F. are attempting to compel your petitioner to sell her shares to the company to the said C.D. and E.F. at a gross undervalue and that the company's affairs are being conducted and that the powers of the directors of the company are being exercised in a manner oppressive to her and in disregard of her interests as the personal representative of a deceased member.
13. It is just and equitable that the company should be wound up)
Your petitioner therefore &c. (
as in Form No. 2
).
NOTE:—It is intended to serve this petition &c.
No. 5.
O. 74, r. 10 (2)
ADVERTISEMENT OF PETITION.
[
Title as in Form No.
1].
[
Name of Company
]
Notice is hereby given that a petition for the winding up of the above named company by the High Court was on the day of 19 presented to the High Court by the said company whose registered office is at............................. (
or
by A.B. of ) a creditor [or contributory] of the said company [
or as the case may be
] and that the said petition is directed to be heard before Mr. Justice on the day of , 19 and that any creditor or contributory of the said company who wishes to support or oppose the making of an order on the said petition may appear at the time of hearing by himself or his counsel for that purpose and a copy of the petition will be furnished to any creditor or contributory of the said company who requires it by the undersigned on payment of the regulated charge for the same.
(Signed)
Solicitor for the petitioner.
(Address)
NOTE:—Any person who intends to appear at the hearing of the said petition must serve on or send by post to the above-named petitioner or his solicitor, notice in writing of his intention to do so. The notice must state the name and address of the person or if a firm the name and address of the firm and must be signed by the person or firm, or his or their solicitor (if any) and must be served or, if posted, must be sent by post in sufficient time to reach the above-named solicitor or the petitioner not later than 5
o'clock in the afternoon of the day of , 19 .____________________
No. 6.
O. 74, r. 12.
AFFIDAVIT VERIFYING PETITION.____________________
[
Title as in Form No.
1].
I, A.B., of make oath and say as follows:—
14. The Taxing Master shall have power to tax—
(
a
) the costs of or arising out of any cause or matter in any of the Superior Courts;
(
b
) the costs directed by an award made on a reference to arbitration to be paid;
(
c
) the costs of a receiver appointed in any cause or matter, on the application of the receiver or of any party to such cause or matter;
(
d
) the cost of registering judgments as mortgages, of obtaining grants of probate and of letters of administration, of satisfying judgments, and any other other costs usually taxed
ex parte,
on the application of any party interested;
(
e
) without any order for the purpose, costs as between solicitor and client, upon the application of the client and upon his written undertaking, to be lodged in the Taxing Masters' Office, to pay any balance which the Taxing Master may certify;
(
f
) any other costs to be taxed under or by virtue of a statute or these Rules.
15. An application to the Court under the Attornies and Solicitors (Ireland) Act, 1849, section 2, as amended by the Legal Practitioners (Ireland) Act, 1876, if made within twelve months after the bill of costs shall have been delivered, sent or left, as in the said section provided, may be made if there be a pending proceeding, by motion on notice in such proceedings, and otherwise by special summons and the Court may on such application refer the bill for taxation, with such direction and subject to such conditions as the Court may think proper.
16. Save where the Taxing Master otherwise requires, notice of taxation need not be given to a defendant who has not appeared in person or by his solicitor or guardian.
17. All bills of costs to be taxed shall be disposed of by the Taxing Masters in a rotation to be fixed by them from time to time, or in such manner or order as the Chief Justice may from time to time direct; provided that the Court may at any time order that any particular costs or bill of costs shall be referred to any one of the Taxing Masters.
18. All bills of costs for taxation shall be lodged in the Taxing Masters' Office and with each bill shall be lodged a memorandum signed by or for the solicitor lodging the same, stating whether or not there has been any former taxation of costs in the same cause or matter, or relating to the same estate or trust, and if so, by which Taxing Master and the approximate date thereof.
19. A book with a proper index shall be kept in the Taxing Masters' Office in which shall be daily entered the date of lodgment of each bill of costs, the short title and the number thereof, with the name of the solicitor lodging the bill, and of the Taxing Master to whom it is allocated.
20. The said book shall be open to inspection by any interested party during the hours appointed for the lodgment of bills of costs.
21. The Taxing Masters shall be respectively assistant to each other, and either Taxing Master may tax or assist in the taxation of a bill of costs which has been referred to the other for taxation, and in such case shall certify accordingly.
22. The Taxing Masters shall among themselves, subject to the approval of the Chief Justice, regulate their attendance during the Long vacation so that at least one Taxing Master shall be available to discharge such business as may be required during such vacation.
23. The Taxing Masters in the taxation of costs shall observe a uniform course of practice, and in case they differ in opinion the matter of difference shall be referred to the decision of the Chief Justice.
24. The Taxing Master shall note on the original bill of costs details of items allowed and disallowed and the bill shall be retained in the Taxing Masters' Office. There shall be kept in the said office an index of all bills taxed by the Taxing Masters, and every party to a taxation shall be entitled to inspect the said index and the original bill with the Taxing Masters' notes thereon during office hours without fee or charge.
25. The Taxing Master may, for the purpose of taxing a bill of costs, summon and examine witnesses, administer oaths, direct production of books, papers and documents, require any party to be represented by a separate solicitor, and generally direct any party to the taxation to do such acts as he may consider necessary.
26. A copy of every judgment or order, whereby any costs are directed to be paid, shall be lodged in the Taxing Masters' Office before the taxation of such costs shall proceed, and the solicitor lodging such copy shall be answerable that it is a correct copy.
27. Save in the case of
ex parte
taxations and in the cases mentioned in rule 49, a notice to tax shall be issued within one month from the date of lodgment of the bill of costs. The Taxing Master may permit the issue of such notice at a later date.
28. A notice to tax shall be issued and served so as to allow fourteen clear days to elapse between the day of service and the day mentioned for attendance. Under urgent circumstances (to be decided on by the Taxing Master) a notice to tax may, by leave of such Taxing Master, be proceeded on within a shorter period.
29. (1) Every bill of costs which shall be lodged for taxation shall be indorsed with the name and registered place of business of the solicitor by or for whom it is so lodged. Where value added tax is claimed in a bill of costs the registered number allocated by the Revenue Commissioners to the person registered for value added tax must appear in a prominent place at the head of every bill of costs, account or voucher, as appropriate, on which value added tax is claimed or chargeable.
(2) Bills of costs and notices, the service whereof is required, shall have the service as effected indorsed upon them in a manner sufficiently though briefly specifying the person served the time, place and mode of service, and the person serving, and the documents so indorsed shall be produced on proving service.
(3) No addition or alteration shall be made in a bill of costs after it is lodged for taxation except by permission or direction of the Taxing Master.
(4) No entry, initialing or marking in a bill of costs lodged shall be made, save by the Taxing Master, nor shall any erasures be allowed. Where this provision is infringed the Taxing Master may, subject to an appeal to the Court, disallow the item or items in respect of which the infringement has taken place, or may report the matter to the Court.
(5) Bills of costs are to be prepared with seven separate columns:—
(
a
) the first or lefthand column for dates;
(
b
) the second for the numbers of the items;
(
c
) the third for the particulars of the services charged for;
(
d
) the fourth for disbursements;
(
e
) the fifth for the Taxing Masters' deductions from disbursements;
(
f
) the sixth for the professional charges;
(
g
) the seventh for the Taxing Masters' deductions from professional charges.
(6) An index or schedule of the documents included in each brief, with the number of folios on each, and the pages of brief on which same are respectively copied shall be indorsed on such brief, or annexed thereto and shall be produced on taxation.
(7) A list of the documents or portions of documents entered on each order, certificate, or report shall be indorsed thereon or annexed thereto, and produced on taxation, save in cases where the order, certificate or report contains a schedule of evidence.
(8) (
a
) Accounts for disbursements charged in a bill of costs, together with all rulings, orders, reports and other important documents shall be produced on taxation;
(
b
) The Taxing Master may, in his discretion, require that the payment of any item in a bill of costs, which has been allowed on taxation, be vouched before the Taxing Master shall sign the certificate of taxation and the Taxing Master shall not be required to sign the certificate of taxation until such time as the said requirements as to vouching have been completed to his satisfaction.
(9) All drafts and other documents, the preparation whereof is charged for by the folio, shall be produced on taxation, and the folios thereof shall be numbered consecutively in the margin of the same, and the number of folios shall be indorsed thereon in figures. The length of all documents, not vouched by attested copies or other satisfactory evidence, shall be certified by the solicitor, and if such certificate be erroneous, the Taxing Master may disallow the costs of the document so erroneously certified, or any part thereof.
(10) Every affidavit in support of a bill of costs shall state the place of abode and condition, quality, occupation or rank in life of the witnesses or intended witnesses charged for; the places at which they were subpoenaed, and the distances they had to travel for the purpose of attending the trial; also whether, to the knowledge or belief of the deponent, they attended as witnesses in any other cause, or came upon any other business; also that they were material and necessary witnesses for the party on the trial of the cause. The note of the evidence of any such witness as briefed to counsel for the trial, shall be produced on taxation. Every such affidavit shall also state the number of days the witnesses were necessarily absent from home for the purpose of the trial. The party opposing the taxation may, with the concurrence of the Taxing Master, agree that the affidavit be confined to certain points.
(11) Certificates of the amount of costs allowed shall be prepared without interlineation, or alteration save such as the Taxing Master may think it right to mark with his initials, and no erasure whatsoever shall be allowed.
(12) The Taxing Master may allow a solicitor attending to oppose the taxation of costs, otherwise than as between party and party, proper charges for his attendance.
(13) In cases of the taxation of a bill of costs payable out of a fund or estate, or out of the assets of a company in liquidation, or as between solicitor and client, the costs of taxation and the Court fees on the bill of costs and on the certificate of taxation shall be disallowed in case one-sixth of the bill is taxed off unless the Taxing Master shall in his discretion allow the items on special grounds to be stated in his order.
(14) In cases of special difficulty and importance involving questions of principle, the Taxing Master shall be at liberty to allow, as part of the costs of taxation, the expenses of counsel appearing before him.
(15) As often as may be convenient the Taxing Master shall cause all unbound bills of costs taxed to be bound up in one or more volumes with proper indices, and to that end, the costs for taxation shall be written on proper paper, book-wise, with a sufficient margin; and the Taxing Master, in taxing any subsequent costs in the same cause or matter, shall have regard to the preceding bills, so as to ascertain that none of the items charged was included in any previous bill.
30. If, during the taxation of any bill of costs or the taking of any account between solicitor and client, it shall appear that there must in any event be moneys payable by the solicitor to the client, the Taxing Master may from time to time make an interim certificate as to the amount so payable by the solicitor. Upon the filing of such certificate the Court may order the moneys so certified to be paid forthwith to the client or brought into Court.
31. The taxation shall, if possible, be continued without interruption till completed, but if adjourned for any reason notice of the adjournment shall be sent by the Taxing Master by post to any solicitor not present at the time of the adjournment whose attendance at the next appointment is necessary or proper.
32. Any solicitor who shall in any way delay or impede the taxation shall, if the Taxing Master so directs, forfeit the fees to which he would otherwise be entitled for drawing his bill of costs and for attending the taxation.
33. (1) If a solicitor following a request by a client for the taxation of costs that may be payable by such client, fails to set down the bill of costs for taxation, the client may set down such bill for taxation and a notice to tax in accordance with rule 28 shall be served on the solicitor.
(2) The client shall not be required to have the bill of costs in the form as provided by rule 29 but shall be at liberty to lodge the bill of costs, memorandum of costs or account for costs, in whatever form it was received from the solicitor, and in default of such the client may set down a written statement of the relevant facts in lieu thereof.
(3) On the completion by the Taxing Master of the adjudication on the bill of costs the solicitor shall take up the certificate of taxation within a period of 21 days or such further period as the Court or the Taxing Master may allow. In the event of either party seeking a review of any item in the bill of costs by the Taxing Master, or seeking a review by the Court, the relevant period shall operate from the date of the completion of the hearing of such review.
(4) If the solicitor fails to take up the certificate of taxation within the said period of 21 days or such extended period as may be allowed as aforesaid, the client shall be entitled to take up the certificate of taxation on payment of the court fees on the bill of costs and on the certificate of taxation. The client shall be entitled to deduct from the bill of costs, any claim for disbursements which has not been vouched if so directed by the Taxing Master and any fee allowed or payable to such solicitor for attending on and opposing the taxation. The client shall also be entitled to deduct from the said bill of costs the costs of taxation, the court fees on the bill of costs and on the certificate of taxation, the fee for drawing the bill of costs and for attending taxation or any of them.
(5) The foregoing provisions of this rule shall apply in cases of the taxation of a bill of costs payable out of a fund or estate or out of the assets of a company in liquidation, as well as between solicitor and client.
34. Where, upon the taxation of any bill of costs it appears to the Taxing Master that it is necessary to inspect any books, papers or documents relating to the cause or matter, the Taxing Master shall be at liberty to request the Registrar or Examiner who has the custody of such books, papers or documents to cause the same to be transmitted to the office of Taxing Master, and also to request such Registrar or Examiner to certify any proceedings which may be comprised in the bill of costs under taxation, and in such cases the Registrar or Examiner shall as soon as may be convenient cause such books, papers and documents to be transmitted to the office of the Taxing Master for his use during the taxation and shall certify the proceedings which have taken place according to the request of the Taxing Master; and after the costs have been certified the Taxing Master shall cause the same books, papers and documents to be returned.
35. The Taxing Master shall be at liberty to allow such sum as he shall consider reasonable for printing or reproducing copies of pleadings, answers and other documents where he considers the printing or reproduction to have been necessary or proper.
36. (1) The fees to be allowed in respect of shorthand writers and transcripts of evidence shall be of such amount as to the Taxing Master seems reasonable.
(2) A transcript of evidence required by any party to be furnished to him during the trial shall not in any case be allowed for unless such transcript has been directed to be made by the Court, or is subsequently used for the purpose of an appeal.
37. The following general regulations shall apply to all taxations
(1) As to drawing any pleading or other document, the fees allowed shall include any copy made for the use of the solicitor, agent or client, or for counsel to settle.
(2) As to affidavits, (
a
) when there are several deponents or it is necessary to go a distance, or to employ an agent, a reasonable allowance may be made on special grounds by the Taxing Master, (
b
) the allowances for instructions and drawing an affidavit in answer to interrogatories and other special affidavits may include all attendances on the deponent to settle and read over.
(3) As to delivery of pleadings, services and notices, fees are not to be allowed when the same solicitor is for both parties, unless necessary for the purpose of making an affidavit of service.
(4) As to drafts settled by counsel appointed by the Court the expense of procuring such drafts to be settled by other counsel, on behalf of the party on whose behalf such drafts are settled by the counsel appointed by the Court, shall not be allowed on taxation, unless the Court shall otherwise direct.
(5) As to perusals, fees are not to be allowed where the same solicitor acts for more than one party.
(6) Where the same solicitor is employed for two or more defendants, and separate pleadings are delivered, or other proceedings had, by or for two or more such defendants separately, the Taxing Master shall consider in the taxation of such solicitor's bill of costs, either between party and party, or between solicitor and client, whether such separate pleadings or other proceedings were necessary or proper, and if he is of opinion that any part of the costs occasioned thereby has been unnecessarily or improperly incurred, the same shall be disallowed.
(7) On the taxation of costs as between party and party of joint executors or trustees who defend separately, the Taxing Master shall, unless otherwise ordered by the Court, allow only one set of costs for such defendants, when he is of opinion that they ought to have joined in their defence, such costs to be apportioned among such defendants as the Taxing Master shall decide.
(8) Such reasonable charges and expenses as appear to have been properly incurred in procuring evidence, and the attendance of witnesses, are to be allowed. In respect of any witness, or a group of witnesses travelling together, the Taxing Master may allow by way of travelling expenses the actual cost of transport by a hired motor car, or for the use by a witness of his private motor car at such rate per mile as to the Taxing Master shall seem reasonable, when it is demonstrated to him that such hire or use did not exceed the cost of travel by available transport or otherwise resulted in a saving to the party chargeable. The reasonable expenses and allowances of witnesses to attend a consultation or conference properly held prior to the trial shall be chargeable on taxation as between party and party.
(9) A folio comprises 72 words, every figure comprised in a column or authorised to be used being counted as one word.
(10) Such costs of procuring the advice of counsel on the pleadings, evidence and proceedings in any cause or matter as the Taxing Master shall in his discretion think just and reasonable, and of procuring counsel to settle such pleadings and special affidavits as the Taxing Master shall in his discretion think proper to be settled by counsel, shall be allowed, but as to affidavits which ought to be filed at the same time, a separate fee to counsel for each affidavit may be allowed only in special cases.
(11) As to inspection of documents under Order 31, rule 17, no allowance is to be made for any notice or inspection unless it is shown to the satisfaction of the Taxing Master that there were good and sufficient reasons for giving such notice and making such inspection.
(12) As to copies of documents in possession of another party, or extracts therefrom, the party entitled to a copy or extract under these Rules or any special order, shall pay the solicitor of the party producing the document for such copy or extract as he may, by writing, require, at the rate specified in item 72 in Appendix W, Part I; and if the solicitor of the party producing the document refuses or neglects to supply the required copy or extract, the solicitor requiring the same shall be at liberty to make it, and the solicitor for the party producing shall not be entitled to any fee in respect thereof.
(13) The Court may upon any application or proceedings in or at the hearing of any cause or matter and whether the same is objected to or not, direct the costs of any indorsement on a summons, pleading, affidavit or any other document, which is improper, or contains vexatious or unnecessary matter, or is of unnecessary length, to be disallowed, or may direct the Taxing Master to look into the same and to disallow the costs thereof or of such part thereof as he shall find to be improper, or to contain vexatious or unnecessary matter, or to be of unnecessary length, and in such case the party whose costs are so disallowed shall pay the costs occasioned thereby to the other party; and in any case where such question shall not have been dealt with by the Court it shall be the duty of the Taxing Master to look into the same for the purpose aforesaid, and thereupon the same consequences shall ensue as if he had been specially directed to do so.
(14) In any case in which a party entitled to receive costs is liable to pay costs to any other party, the Taxing Master may tax the costs such party is so liable to pay, and may adjust the same by way of deduction or set off.
(15) The Taxing Master shall have authority to direct what parties are to attend before him on the taxation of costs to be borne by a fund or estate, and also to disallow the costs of any party whose attendance he shall in his discretion consider unnecessary in consequence of the interest of such party in such fund or estate being small or remote, or adequately protected by other parties interested, or for other sufficient reason.
(16) Where any bill of costs is directed to be taxed for the purpose of being paid or raised out of any fund or property, the Taxing Master may, in his discretion, require the solicitor to give notice to his clients or such of them as the Taxing Master shall direct, and may suspend the taxation until such notice has been given. Such notice shall state that the bill of costs has been referred to the Taxing Master for taxation and the date and hour fixed by the Taxing Master for the taxation to proceed, and shall also state that the party to whom such notice is addressed is entitled to appear to be represented to oppose the allowances on taxation.
(17) When any party entitled to costs refuses or neglects to bring in his costs for taxation, or to procure the same to be taxed and certified, and thereby prejudices any other party, the Taxing Master shall be at liberty to certify the costs of the other parties, and certify such refusal or neglect, or may allow such party refusing or neglecting a nominal or other sum for such costs, so as to prevent any other party being prejudiced by such refusal or neglect.
(18) On every taxation the Taxing Master shall allow all such costs, charges and expenses as shall appear to him to have been necessary or proper for the attainment of justice or for enforcing or defending the rights of any party, but, save as against the party who incurred the same, no costs shall be allowed which appear to the Taxing Master to have been incurred or increased through over-caution, negligence or mistake, or by payment of special fees to counsel or special charges or expenses to witnesses or other persons or by other unusual expenses.
(19) Where the plaintiff is directed to pay to the defendant the costs of the cause, the costs occasioned to a defendant by any amendment of the plaintiff's pleadings shall be deemed to be part of such defendant's costs in the cause (except as to any amendment which shall appear to have been rendered necessary by the default of such defendant), but there shall be deducted from such costs any sum which may have been paid by the plaintiff in respect of any amendment.
(20) Where upon taxation a plaintiff who has obtained a judgment with costs is not allowed the costs of any amendment of his pleadings on the ground of the same having been unnecessary, the defendant's costs occasioned by such amendment shall be taxed, and the amount thereof deducted from costs to be paid by the defendant to the plaintiff.
(21) The allowances in respect of fees to any counsel appointed by the Court, and to any accountants, merchants, engineers, actuaries and other scientific persons to whom any question is referred, shall, save where the Court shall otherwise order, be fixed by the Taxing Masters, subject to review under rule 38.
(22) (i) Where in Appendix W there is entered either a minimum and a maximum sum, or the word "discretionary", the amount of costs to be allowed in respect of that item shall, subject to any order of the Court, be in the discretion of the Taxing Master, within the limits of the sums so entered (if any).
(ii) In exercising his discretion in relation to any item, the Taxing Master shall have regard to all relevant circumstances, and in particular to—
(
a
) the complexity of the item or of the cause or matter in which it arises and the difficulty or novelty of the questions involved;
(
b
) the skill, specialised knowledge and responsibility required of, and the time and labour expended by, the solicitor;
(
c
) the number and importance of the documents (however brief) prepared or perused;
(
d
) the place and circumstances in which the business involved is transacted;
(
e
) the importance of the cause or matter to the client;
(
f
) where money or property is involved, its amount or value;
(
g
) any other fees and allowances payable to the solicitor in respect of other items in the same cause or matter but only where work done in relation to those items has reduced the work which would otherwise have been necessary in relation to the item in question.
(23) As to all fees and allowances not referred to in regulation (22), it shall be in the discretion of the Taxing Master to disallow the same in whole or in part.
(24) If in any case in which a taxation is directed with a view to the payment of the costs out of a fund or estate or out of the assets of a company in liquidation, the costs shall have been increased by unnecessary delay or by improper, vexatious, prolix or unnecessary proceedings, or by other misconduct or negligence, or if from any other cause certified by the Taxing Master on special grounds, the amount of the costs shall be excessive, having regard to the value of the fund, estate or assets to which they relate, or other circumstances the Taxing Master shall allow only such an amount of costs as would have been incurred if the litigation had been properly conducted, and shall assess the same at a gross sum, and shall (if necessary) apportion the amount among the parties.
(25) Where a cause or matter has not been brought on for trial or hearing, the costs of and consequent on the preparation and delivery of briefs shall not be allowed if the Taxing Master shall be of opinion that such costs were prematurely incurred.
(26) No fee to counsel shall be allowed on taxation unless authenticated by his signature.
(27) Where the costs of two counsel may properly be allowed, such allowance may be made although both such counsel may have been selected from the outer bar.
(28) It shall be in the discretion of the Taxing Master to allow reasonable refreshers to counsel in proper cases.
(29) No retaining fee to counsel shall be allowed on taxation as between party and party.
(30) No costs of consultation or conference shall be allowed as between party and party without a direction by the senior or only counsel that such consultation or conference be held.
(31) Where, in proceedings before the Taxing Master, any party is guilty of neglect or delay, or puts any other party to any unnecessary or improper expense relative to such proceedings, the Taxing Master may direct such party or his solicitor to pay the reasonable costs occasioned by such neglect or delay.
(32) The Taxing Master shall have power to limit or extend the time for any proceedings before him, and where, by these Rules or any order, a time is appointed for any proceedings before or by a Taxing Master, unless the Court shall otherwise direct, such Taxing Master shall have power from time to time to extend the time appointed upon such terms (if any) as the justice of the case may require, and although the application for the same is not made until after the expiration of the time appointed, it shall not be necessary to make a certificate or order for this purpose unless required for any special reason.
(33) When a cause being in the list for hearing is ordered to be adjourned upon payment of costs of the day, the party to pay the same shall pay to each party to whom costs are awarded if entitled to appear by three counsel £180.00 if by two counsel £110.00 and if by one counsel £70.00, unless the Court shall otherwise direct. The foregoing sums do not include witnesses expenses.
(34) In any case in which costs are directed to be paid by any order, and the same shall be subsequently taxed and ascertained, the party entitled to such costs may, upon production of such order, and the Taxing Master's certificate of the amount thereof, have an order of execution for the payment of the certified amount of such costs.
(35) If and when the Taxing Master makes a special allowance he shall specify the grounds for such allowance in writing at the taxation.
V.
Review of taxation.
38. (1) Any party who is dissatisfied with the allowance or disallowance by the Taxing Master of the whole or part of any items (including any special allowance) may, before the certificate is signed, but not later than fourteen days after the completion of the adjudication by the allowance or disallowance of the entire of the items in the bill of costs deliver to the other party interested therein, and carry in before the Taxing Master his objections in writing to such allowance or disallowance, specifying therein by a list in a short and concise form the items, or parts thereof, objected to, and the grounds and reasons for such objections, and may thereupon apply to the Taxing Master to review the taxation in respect of the same. The Taxing Master may, if he shall think fit, and upon the application of the party entitled to the costs issue pending the consideration of such objections an interim certificate of taxation for or on account on the remainder of the items in the bill to which no objection has been taken and also for that part of the bill of costs in dispute which the Taxing Master may in his discretion consider reasonable. Such further certificate as may be necessary shall be issued by the Taxing Master after his decision upon such objections.
(2) Upon such application the Taxing Master shall reconsider and review his taxation upon such objections, and he may receive further evidence in respect thereof, and, if so required by any party, he shall state in writing the grounds and reasons of his decision thereon, and any special facts or circumstances relating thereto. The Taxing Master may, if he thinks fit, tax the costs of such objections and add them to or deduct them from any sum payable by or to any party to the taxation.
(3) Any party who is dissatisfied with the decision of the Taxing Master as to any items which have been objected to as aforesaid or with the amount thereof, may within twenty-one days from the date of the determination of the hearing of the objections or such other time as the Court or the Taxing Master may allow, apply to the court for an order to review the taxation as to the same items and the Court may thereupon make such order as may seem just. The Taxing Master may if he thinks fit on the application of the party entitled to the costs pending the determination of the review by the Court issue a certificate of taxation or a second interim certificate of taxation concerning any items no longer in dispute other than those specified in the notice of motion to review. All interim certificates of the Taxing Master shall be final and conclusive as to all matters which shall not have been objected to in manner aforesaid and save as provided by this rule, the Taxing Master shall not be at liberty, after a certificate is signed, to review his taxation or amend his certificate, except to correct a clerical or manifest error before process for recovery or payment of the costs.
(4) The application to the Court shall be made by motion on notice to the other party concerned, such notice of motion to be filed in the Central Office and a copy thereof filed in the Office of the Taxing Masters and the motion shall be heard and determined by the Court upon the evidence which shall have been brought in before the Taxing Master, and no further evidence shall be received upon the hearing thereof, unless the Court shall otherwise direct.
(5) On completion and signing of the Taxing Master's report and on the request of the moving party the Taxing Master shall, not later than four days prior to the date fixed for the hearing of the application to the Court, transmit to the Central Office of the High Court his report of the taxation, duly signed, together with the original bill of costs, notice of objections and any other material documents. The said report and all other documents transmitted therewith shall be returned to the Taxing Master forthwith on the final determination of the said application.
(6) After the determination by the Court the matter shall be remitted to the Taxing Master to complete the taxation in accordance with the decision of the Court and to issue a final certificate of taxation.
(7) If the bill of costs or any part thereof is remitted to the Taxing Master for re-taxation, any party may upon such re-taxation carry in objections to the allowance or disallowance of any item so remitted to the Taxing Master and the provisions of this rule shall apply to such re-taxation as on the original taxation.
VI.
Costs of judgment in default.
39. In all cases of judgment by default of appearance for a liquidated demand, where the plaintiff is entitled to costs, there shall be added to the principal sum for which such judgment is marked the respective sums for costs set out in Appendix W, Part II.
40. In cases within rule 39 or within Order 4, rule 5, where there has been an order for service of the summons or of notice thereof, out of the jurisdiction, or for substituted or other service, or for the substitution of notice for service, or declaring service effected sufficient or where more than one attendance has been necessary to effect service, or where there has been a notice by advertisement of the issuing of the summons under Order 9, rule 7, there shall be added to the sums in rule 39 respectively mentioned the proper and necessary additional costs, to be ascertained on taxation (in cases of claims under £15,000 costs to be on the scale appropriate in the Circuit Court or District Court, as the case may be).
41. In cases of judgment by default of appearance for a liquidated demand, where it appears by affidavit made by some person who can swear positively to the debt that a sum greater than that for which judgment is marked was due to the plaintiff in respect of the sum sued for at the time of the service of the summons, there shall be added to the principal sum for which such judgment is marked, the same sum for costs as would have been so added if the judgment had been marked for the sum due at the time of such service, together with the costs of registration under 13 and 14 Vic., c. 74.
42. In claims for liquidated demand, where the plaintiff would, if any sum remained due on foot of such demand, be entitled to enter judgment by default of appearance, and where it appears by affidavit made by some person who can swear positively to the debt, that a sum specified was due to the plaintiff in respect of the sum sued for at the time of the service of the summons, the plaintiff shall be entitled to enter judgment for his costs for such sum as would have been added if a judgment had been marked for the sum due at the time of such service, together with the costs of registration under 13 & 14 Vic., c. 74.
43. In cases of judgment for a liquidated demand under Order 37, when no step has been taken by the defendant after appearance, there shall, unless the Court shall otherwise order, be added to the principal sum for which judgment is marked for costs, the same sums as are hereinbefore respectively allowed in case of judgment by default of appearance, together with such further costs of the motion for judgment as the Court may allow. In cases of applications under Order 13, rules 14 and 15, there shall be added to the sums allowed in case of judgment by default of appearance such further costs (if any) of the motion to enter judgment as the Court may allow.
44. In any action brought upon a negotiable instrument where judgment is marked by default, there shall be lodged with the proper officer a certificate stating whether or not more than one action had been brought on the same instrument, and such certificate shall be filed by the proper officer.
45. In all undefended cases where a party becomes entitled to judgment by default, the affidavit upon which that party grounds his claim to the costs of the proceedings shall contain an averment stating whether value added tax is payable by him on such costs and, if so, whether the sum so payable is recoverable by him by way of set-off against any value added tax payable to him.
VII.
Costs of execution.
46. Subject to the provisions of rule 8, in all cases not provided for by rule 39 in which a person shall obtain judgment for the payment of money or costs, if and when execution shall issue on foot thereof, the officer issuing such execution shall add to the sum ordered to be paid the appropriate sum specified in respect of costs of execution set forth in Appendix W, Part I.
VIII.
Judical Review and Orders affecting personal liberty.
47. The costs and fees in cases under Order 84 shall be taxed by the Taxing Master and shall be subject to the provisions of this Order.
IX.
Non-contentious probate matters.
48. In non-contentious probate matters, the costs and fees to be allowed shall be those set forth in Appendix W, Part III.
X.
Bankruptcy.
49. The following classes of costs may be taxed without an order
(
a
) from petition of bankruptcy to first public sitting;
(
b
) from petition of bankruptcy to first audit;
(
c
) from first public sitting to first audit;
(
d
) from audit to audit;
(
e
) from petition of bankruptcy or from first public sitting to second composition meeting;
(
f
) petitioner's costs and trustees' costs in arrangement matters where same are provided for by the resolution of creditors and confirmed by the Court;
(
g
) costs of creditors having carriage of the proceedings under order of the Court from adjudication of bankruptcy under petition for arrangement to first public sitting.
50. The costs of a debtor's summons shall be included in the costs of petition when the act of bankruptcy relied on is noncompliance with the debtor's summons.
51. The costs and fees payable to solicitors in respect of proceedings in bankruptcy shall, subject to the provisions of the Irish Bankrupt and Insolvent Act, 1857, section 375, be those prescribed in Appendix W, Part IV. The scale of charges in Appendix W, Part IV, shall apply in the case of messengers, auctioneers, brokers and accountants in all such proceedings.
52. The costs of the employment of a separate solicitor under rule 25 shall, on production of the certificate of taxation therefor, be paid out of the estate in due priority, unless the Court shall otherwise direct.
53. (1) When the gross proceeds of the assets realised in any bankruptcy or arrangement do not exceed £1,000, the disbursements together with three-fifths only of the professional charges shall be allowed, unless the Court otherwise directs.
(2) When there has been no realisation, or the realisation is incomplete, if the Court is satisfied that the assets are likely to realise at least —1,000, and shall so direct, the Taxing Master shall allow the full professional charges and disbursements.
54. The Examiner may himself measure a sum for costs where the Judge so directs or where he considers that the amount which would be allowed on taxation would not exceed —500.
55. Subject to rule 54 no sum shall be paid or allowed to the Official Assignee for or on account of costs without an order of the Court.
56. All bills and charges of receivers, managers, accountants, appraisers, auctioneers, brokers, valuers, sheriffs and other persons shall be taxed by the Taxing Master or by such other officer as the Court shall direct, and no payments in respect of such bills or charges shall be allowed in the accounts of the Official Assignee without such taxation having been made.
57. (1) No bill for travelling or other expenses of any Messenger or assistant Messenger shall be paid by the Official Assignee unless the same shall have been examined and allowed by the Examiner.
(2) When a Messenger or assistant Messenger shall have for execution two or more warrants in distinct matters in bankruptcy or arrangement which are or may be executed at the same time or in continuous journey without returning to Dublin, the travelling and other expenses incurred for the entire journey shall be apportioned between the different bankruptcies or arrangements, as the case may be, and no duplicate charges shall in any case be allowed.
(3) Nothing in this rule shall prevent the Official Assignee when he sees fit, from advancing money to the Messenger or assistant Messenger when he undertakes any journey, but credit shall not be allowed to the Official Assignee, upon vouching of his accounts, for any payments save for bills examined and allowed as hereinbefore.
ORDER 100.
REGISTRATION OF BUSINESS NAMES ACT, 1963
.
58. A District Registrar shall not allow probate of the will or administration of the will annexed of any blind or illiterate person to issue unless he is satisfied by evidence on affidavit that the will was read over to the testator before its execution or that the testator had at such time knowledge of its contents. Where such information is not forthcoming, the District Registrar shall communicate with the Probate Officer.
XXIII.
Alteration in grant.
59. Whenever any alteration is made in a grant, or a renunciation is filed, notice of such alteration or renunciation shall without delay be forwarded by the District Registrar to the Probate Officer, but no fee shall be payable in respect of any such notice.
XXIV.
List of grants.
60. The lists of grants of probate and administration required to be furnished by a District Registrar under the
Succession Act, 1965
, Section 36, shall contain the name of the District Registry in which such grant was made and the first name and surname of each testator and intestate.
61. Every such list of grants forwarded by a District Registrar shall be accompanied by a copy of the record of each grant mentioned in it. The record, besides stating the necessary particulars of the grant to which it refers, shall contain the place and date of death of the testator or intestate, the names and description of each executor or administrator, the date of each grant and the sum under which the value of the estate is sworn.
62. Within four days from the end of each month each District Registrar shall forward to the Probate Office a return arranged alphabetically of all grants of probate or letters of administration passed at his District Registry during the preceding month.
XXV.
Notice to Attorney General.
63. In all cases where application is made for letters of administration (intestate or with a will by which all the estate is not disposed of annexed) of the estate of an illegitimate person dying a bachelor, or a spinster, or a widower or widow without issue to which no person is entitled to succeed under the provisions of the
Legitimacy Act, 1931
, or of the estate of a person dying without known relation, notice of such application shall be given to the Attorney General, in order that he may determine whether it will be expedient to intervene on the part of the State; and no grant is to be issued until he has signified the course it will be proper to take.
XXVI.
Transmission of papers.
64. When an application is made to the Court, in relation to an application for a grant at a District Registry, the District Registrar shall transmit all relevant original papers and documents to the Probate Office; and the same, after the directions of the Court have been taken, shall on the application of the parties (unless the Court shall otherwise direct) be returned to the District Registrar, together with an attested copy of the order of the Court.
65. Original papers shall be forwarded to the Probate Office whenever an inspection of them is necessary to enable the Probate Officer to answer the questions submitted to him by a District Registrar. Papers and other documents may be transmitted by a District Registrar to the Probate Officer and by the Probate Officer to a District Registrar by registered post.
XXVII.
Copies of wills.
66. Copies of wills to be annexed to the probate or letters of administration shall be written in a legible hand or printed or typewritten or, in suitable cases, photocopied as the District Registrar shall direct.
67. Copies of wills and other testamentary documents will not be collated with the originals unless specifically required. Every copy required to be certified shall be certified under the hand of the District Registrar.
68. The seal of the Court shall not be affixed to any copy of a will or other document, unless the same has been attested and certified.
XXVIII.
Production of documents.
69. (1) If a will or other document filed in a District Registry is required to be produced at any other place, application shall be made for that purpose in sufficient time to allow for making and examining a copy of such will or other document.
(2) On the making of such an application, there shall (unless the Court or the Probate Officer otherwise directs) be made a copy of such will or other document, which copy shall be examined with the original, and such examined copy shall be deposited in place of the original pending its return.
(3) Where the will or other document is required for production in the High Court on Circuit or in the Circuit Court such will or other document may by direction of the District Registrar be sent by registered post to the appropriate County Registrar.
XXIX.
Sureties.
70. No practising solicitor, or clerk or apprentice to a practising solicitor shall be admitted as surety to an administration bond, without the leave of the Court or the Probate Officer.
XXX.
Personal application for grant.
71. Persons wishing to obtain grants of probate or letters of administration without the intervention of a solicitor shall apply at a District Registry in person, and not by letter.
72. No such application will be received through an agent.
73. A personal applicant shall not be attended by another person acting or appearing to act as his adviser, unless the District Registrar otherwise permits.
74. An application which has in the first instance been made through a solicitor shall not afterwards be treated as a personal application, unless the Probate Officer otherwise directs.
75. An application for a grant of probate or administration in a case which has already been before the Court (on motion or otherwise) shall not be entertained as a personal application, but shall be made through a solicitor, unless the Probate Officer otherwise directs.
76. Whenever it becomes necessary in the course of a personal application to obtain the directions of the Court, the application shall not be proceeded with until such directions have been obtained.
77. The papers necessary to lead to the grant shall be prepared and sworn in the District Registry. An applicant may bring such papers, or any of them, filled up, and if correct they may be received and if already sworn shall be resworn. Any papers once received in a District Registry shall not be given out unless under special circumstances by permission of the Probate Officer.
78. All administration bonds, in cases of personal application, are to be executed in the District Registry making the grant, unless otherwise permitted by the District Registrar.
79. Engrossments of wills and testamentary papers shall be made in the District Registry from which the grant is to issue.
80. Every applicant for a grant of probate or letters of administration shall give under his hand a schedule of the property to be affected by the grant.
81. Legal advice shall not be given to applicants, either with respect to the property to be included in the schedule, or upon any other matter connected with the application, and a District Registrar shall only be held responsible for embodying in a proper form the instructions given to him, but he shall, as far as practicable, assist applicants by giving them information and directions as to the course which they must pursue.
82. A receipt or acknowledgement of each application shall be handed to the applicant, and the production of such receipt shall be required of the person who intends to obtain the grant when completed.
XXXI.
Miscellaneous.
83. Every applicant for a grant of probate or letters of administration shall produce a certificate of death or burial of the deceased, or give a satisfactory reason for the non-production thereof.
84. This order applies equally to codicils as to wills.
85. The certificate required to be given by the proper officer of the Court, under the Customs and Inland Revenue Act, 1881, Section 30, as amended by the
Capital Acquisitions Tax Act, 1976
, for the purposes of the Finance Act, 1894, shall be in such form as the Probate Officer shall from time to time prescribe according to the circumstances of the case.
86. In the case of the estates of persons dying on or after the 1st January, 1967, the forms in Appendix Q, Part 1, shall, where applicable, be used. In the case of the estates of persons dying before the 1st January, 1967, the forms heretofore in use in connection with such estates shall be used.
ORDER 81. THE BILLS OF SALE (IRELAND) ACTS, 1879 AND 1883.
l. The Master shall execute the office of Registrar for the purpose of the Bills of Sale (Ireland) Acts, 1879 and 1883.
87. On
ex-parte
applications in probate causes and matters, a motion paper shall be lodged with the Probate Officer two clear days before the day on which such motion or application shall be moved or made, with an affidavit or affidavits of any facts to be brought under the notice of the Court in support of the same. The motion paper shall contain a short statement of the principal facts upon which the motion or application is grounded, and conclude with the terms in which the motion is to be made. This statement shall comprise no facts which are not supported by affidavit or official documents, and any rule made by the Probate Officer on the subject of the motion or application shall be mentioned in the motion paper.
88. Motion papers in probate causes and matters shall set forth the style and object of, and the names and descriptions of the parties to, the cause or proceeding before the Court, the proceedings already had in the cause, and the dates of the same, the prayer of the party on whose behalf the motion is made and briefly the circumstances on which it is founded. If the motion paper tendered is deficient in any of the above particulars, it shall not be received without the permission of the Probate Officer. On depositing the motion paper in the Probate Office, the affidavits in support of the motion and a copy of any testamentary paper writing therein referred to and, if required by the Probate Officer, any original documents referred to in such affidavits or to be referred to on the hearing of the motion shall also be left in the Probate Office; or in case such affidavits or documents have been already filed or deposited the same shall be searched for, looked up, and deposited with the proper officer, to be sent with the motion paper to the Court.
89. (1) An appearance in matters to which this Order relates shall be entered in the Probate Office.
(2) Every order of the Court in such matters shall be issued out of the Probate Office.
ORDER 80. THE DISTRICT PROBATE REGISTRIES.
90. The Accountant may designate a short title for any ledger credit, and such short title shall be recorded in the books of the Bank.
91. The Accountant may, without any order in that behalf, take the necessary steps to effect the conversion of any securities in Court, the conversion of which is compulsory upon the holders under any statute or direction of the Court, or any scheme of arrangement or sale duly effected or sanctioned under any of the provisions of the
Companies Act, 1963
. There shall be lodged with the Accountant the authority for such conversion, including, if required by him, an attested copy of an affidavit of the secretary or other proper officer of the company or public body concerned, or of the solicitor for any of the parties to the cause or matter to the credit of which the securities stand, setting out the circumstances under which the conversion has become compulsory upon the holders; and such documents shall be retained by the Accountant and shall be his authority for effecting the conversion referred to therein.
92. Whenever any amount or number of stocks, shares or other securities in Court (in this rule referred to as the original security) is converted into any other stock, shares, or other securities (in this rule referred to as the substituted security), so that the description thereof will differ from the description given of the original security in the order or other authority under which the Accountant acts respecting the same, the Accountant shall write off from the account to which the same may be standing the original security so converted, and shall place to the same account a proportionate part of the substituted security; and except in so far as any original security may be affected by any order brought to the Accountant's Office in due time for that purpose, the Accountant shall, as far as may be practicable, give effect to every part of any order or other authority under which he has been acting which shall refer to any such original security so converted as aforesaid, or the dividends thereon, as if it referred to the substituted security or the dividends thereon; provided that payments of income shall not be made in pursuance hereof, without an order, in any case where the substituted authority is a terminable annuity; unless such terminable annuity is based upon a deduction for sinking fund intended to replace the capital of the original security.
93. Where any company has been wound up, and thereafter is dissolved, the Accountant on receipt of notification in writing from the liquidator, or from the Minister for Industry and Commerce that no assets are or will be distributed in respect of any securities of the company which have been lodged in Court, and from the Registrar of Joint Stock Companies that the company has been dissolved, shall write off the said securities from the account to which they are standing.
94. Whenever any allotment, letters, scrip allotments, or other securities are allotted or assigned in respect of any sums of stock, or of any shares or other securities in Court, such allotment letters, scrip allotments, or other securities where they involve the payment of money (excepting such of them, if any, as may be affected by any order of which the Accountant has notice) shall be sold. The money to arise by the said sale shall be paid by the broker to the account of the Accountant at the Bank, and placed in the books of the Accountant to the respective accounts to which the said stock or shares or other securities are standing, in respect of which such allotment letters, scrip allotments or other securities have been allotted or assigned.
95. On receipt of a stop order or charging order dealing with any funds under his control, the Accountant shall enter the day and hour of the receipt of such order in his register of orders and on the copy of the order lodged with him, so that the priority of such orders can be ascertained and determined.
96. On or before the 31st day of March in each year the Accountant shall prepare an account, in such form as may be prescribed by him with the approval of the Chief Justice, showing the total amount of funds paid or transferred into and out of Court in the year ended on the 30th day of September then last year past and the balance of funds in Court at the commencement and close of such year. Copies of the said account shall be forwarded to the Minister for Justice and the Minister for Finance.
97. Where funds lodged in Court to the account of the Accountant, whether under an order of the Court or otherwise, are subject to or liable to be affected by any trust for any charitable purpose whether immediately or after the determination of or subject to any prior life or other limited interest or interests, notice in writing setting forth the particulars of the funds so lodged, with a short statement of the nature and character of any such trust, shall be transmitted to the Commissioners of Charitable Donations and Bequests for Ireland through the Central Office by the person or persons making such lodgment, or his or their solicitors within fourteen days from the date of any such lodgment as aforesaid.
XII.
The Companies Liquidation Account.
98. The Accountant shall forthwith open an account in the Bank to be called "The Companies Liquidation Account".
99. The Companies Liquidation Account shall be under the control of the Court.
100. When a Liquidator desires to lodge moneys to the Companies Liquidation Account pursuant to
section 307
(1) of the
Companies Act, 1963
, he shall annex to the affidavit to be filed by him a schedule similar in form to the Form No. 1 in Appendix P, setting forth
(
a
) the name of the company of which he is Liquidator;
(
b
) his name and address;
(
c
) the dates on which the resolution for winding up was passed and on which he was appointed Liquidator;
(
d
) the amount of the Moneys to be lodged to the said account;
(
e
) that the lodgment is made in pursuance of section 307 (1).
An attested copy of such schedule is to be left with the Accountant.
101. On the 1st day of February in each year the Accountant shall send to the Minister for Industry and Commerce and to the Minister for Finance a statement showing the amount standing to the credit of The Companies Liquidation Account on the 31st day of December immediately preceding.
102. At the expiration of seven years from the date of any lodgment to The Companies Liquidation Account in pursuance of
section 307
(1) of the
Companies Act, 1963
, the Accountant shall on application to him by the Minister for Finance transfer to the Exchequer the amount of the lodgment then remaining unclaimed.
103. Save as provided in rule 102, no payment out of The Companies Liquidation Account shall be made except by order of the Court.
ORDER 78. DEPOSIT OF POWERS OF ATTORNEY.
104. The meetings directed by section 149 of the Act of 1857 shall be held before the Judge and shall be sittings for the proof of debts, and the bankrupt's statement of affairs in the prescribed form shall be filed ten days before the day fixed for the first of said meetings. The notice in
Iris Oifigiúil
shall specify the precise offer of composition to be made at the meetings, and a copy of such notice shall be transmitted by prepaid post ten days before each of the meetings to each creditor named in the bankrupt's statement of affairs, or who has proved a debt, and the offer of composition shall also be set forth in writing by indorsement on the bankrupt's statement: provided that every creditor to the amount of £500 and upwards residing out of the jurisdiction shall be served by transmitting a copy of the notice of the second of the said meetings by prepaid post in sufficient time to enable him to vote thereat. The bankrupt shall personally attend at both meetings unless the Court shall otherwise direct. The offer of composition may with the leave of the Court be modified at the first meeting or at any adjournment thereof.
105. Any such offer of composition must provide for payment in cash within one month from the confirmation by the Court of the bankrupt's proposal, or, in the case of payment by instalments for the payments being secured by a solvent surety or solvent sureties to be approved by the creditors at the first composition meeting held before the Court.
106. A sitting shall be held before the Examiner for proof of debts of creditors of the bankrupt, of which sitting ten days previous notice shall be sent by the Official Assignee by prepaid post to every creditor mentioned in the bankrupt's statement of affairs who shall not have already proved. The Official Assignee shall certify the date of posting thereof to such creditors and the bankrupt shall have the carriage of such sitting unless otherwise ordered.
107. The application to the Court to annul the adjudication of bankruptcy shall not be made until a report shall have been obtained by the bankrupt from the Examiner, that all costs ordered by the Court and all preferential debts have been paid to all the creditors entitled thereto, or has been lodged with the Official Assignee for such of the creditors as cannot be found or who may have declined to receive the same, provided that where the composition consists in vesting any property or lodging a sum of money for distribution among the creditors the form of the report may be varied accordingly.
108. Where the composition offered shall not be accepted by the creditors, or when the Court shall have refused to annul the adjudication, and shall have ordered the bankruptcy to continue, or when the bankrupt shall have failed to pay the composition agreed upon, or the Court so directs, any debt proved and admitted at the meetings or at the sitting before the Examiner may afterwards be expunged either wholly or in part at the sittings for proof of debts upon such notice to the creditor as the Court shall direct.
XXVIII.
Arrangement under the control of the Court
.
109. (1) The petition of a debtor according to section 343 of the Act of 1857 with the affidavit verifying the same, shall be supported by a further affidavit of the debtor setting forth the particulars of his assets of every kind and description and where the same are, together with the estimated value of such assets and the amount of his liabilities, and whether any and which of his creditors have instituted any and what proceedings for the recovery of their debts, and whether his solicitor has received any and if so what sums on account of the costs of the proceedings. The petitioner shall be prepared to lodge with the Official Assignee all money or bills, securities or title deeds in his possession as the Court may direct and a sum not exceeding £100 subject to the further order of the Court in relation to the expenses of the arrangement. Where a petition of arrangement shall be presented by debtors in partnership the further affidavit shall disclose likewise the separate assets and separate liabilities of each partner distinguished from the partnership assets and liabilities.
(2) The proper officer shall at the time of filing, indorse on every document the date of filing thereof, and in the case of petitions the hour of the day, and before filing the same shall see that each document is in the proper form.
110. Within seven days after the petitioning debtor has obtained his order for protection he shall, unless the Court otherwise direct, call a preliminary meeting of his creditors to be held at the office of his solicitor or other fit place to consider the affairs of the debtor, of which four days' previous notice by prepaid post shall be given to each of his creditors, and to the solicitor of any creditor who shall have taken proceedings against him, and the debtor shall make himself personally available at such meeting.
Such notice shall in addition to giving the time and place of the meeting, state that the debtor will attend the same with the necessary information and that he can be fully examined thereat as to his business, course of trading, causes of failure, and other relevant matters, and as to the proposal or scheme of arrangement which he intends to submit to the meeting.
111. The sittings appointed under sections 344 and 346 of the Act of 1857 shall be sittings for proof of debts. Notice of such sittings shall be given to creditors in the prescribed form in the same manner as directed by the rules in relation to meetings of creditors to consider the offer of a composition after bankruptcy, save that the insertion of notice in
Iris Oifigiúil
shall not be required. The service of such notice shall be vouched before the proper officer at latest on the day before the sitting.
112. The account to be filed by the petitioner according to section 345 of the Act of 1857 ten days before the first sitting shall be a statement of affairs in the form prescribed for bankrupts or as near thereto as the circumstances of the case will allow, but shall not include an accounting statement unless ordered by the Court. In addition, the statement submitted at the preliminary meeting and a minute of the proceedings with a copy of any resolution passed thereat or at any adjournment thereof shall be filed not later than three days prior to the said sitting.
113. At and after the first sitting and whether the same be adjourned or not, when the Court shall so direct, and in all cases after the second sitting under section 346 of the Act of 1857, a sitting shall be appointed before the Examiner for further proof of debts, of which six days' previous notice by prepaid post shall be given by the Official Assignee to every creditor named in the petitioner's account or statement of affairs who shall not have already proved, and the Official Assignee shall certify the date of posting thereof.
114. When the Court shall order a special sitting to be held in any arrangement pursuant to section 351 of the Act of 1857, ten days' previous notice of such sitting shall, unless otherwise directed by the Court, be given by prepaid post to all creditors named in the debtor's account or who shall have proved debts, and the notice shall state the precise difficulty which shall have arisen in the execution of the resolution or agreement upon the debtor's proposal and what part thereof it shall be proposed to confirm, alter or annul and in what manner.
115. The application by the arranging debtor for his certificate pursuant to section 64 of the Act of 1872 shall not be made to the Court until a report shall have been obtained by the arranging debtor from the Examiner that the resolution or agreement has been carried into effect, and the creditors have been satisfied according to the tenor thereof, or the composition agreed to be accepted has been lodged with the Official Assignee for such of the creditors as cannot be found or who may have declined to receive the same; provided that where the composition consists in vesting any property or lodging a sum of money for distribution among the creditors the form of the report may be varied accordingly.
116. If the arranging debtor shall during the progress of the arrangement be adjudged bankrupt under any of the provisions of section 353 of the Act of 1857, or if the Court shall direct, any debts proved and admitted at the sittings before the Court or the Examiner may afterwards be expunged, either wholly or in part, at the sittings for proof of debts upon such notice to the creditor as the Court shall direct. Unless so expunged all debts proved and claims entered in the arrangement matter shall be deemed to have been proved and entered in the bankruptcy.
117. When an arranging debtor shall have been adjudged bankrupt under any of the provisions of section 353 of the Act of 1857, the carriage of the proceedings in the bankruptcy up to the choice and appointment of a creditor's assignee shall be committed to such creditor as the Court shall direct.
XXIX.
Consent of surety
.
118. When the proposal of a bankrupt or an arranging debtor for the future payment or compromise of his debts or engagements involves any other person becoming surety for such payments or compromise, the consent and undertaking in writing of such person to such proposal shall be filed in the prescribed form at or before the first sitting. Such undertaking shall unless the Court otherwise orders be executed in the presence of a peace commissioner, clergyman, solicitor, commissioner for oaths or bank manager, who shall certify to his knowledge of the proposed surety.
XXX.
Realisation of bankrupt's estate and effects
.
119. The Official Assignee shall immediately after the adjudication of bankruptcy possess himself of all the bankrupt's estate and effects, books and papers and writings, and after the time for showing cause against the adjudication may immediately dispose of such part thereof as is of perishable nature.
120. After the choice and appointment of a creditors' assignee the Official Assignee shall proceed without delay to dispose of all the rest of the bankrupt's estate and effects which can be converted into money, regard being had to the provisions of sections 298 and 299 of the Act of 1857. After reasonable notice, all chattels shall be sold by public auction or by tender, unless the sanction of the Court shall be obtained for some other mode of sale; provided that in case of a sale by tender the offer shall be submitted to the Court for approval before the purchaser shall be declared. The interest of the bankrupt in any lands or tenements by whatever tenure held or any reversionary interest, or expectancy, or policy of assurance of the bankrupt, shall not be sold until an order of the Court shall have been obtained.
121. Within two months after the appointment of a creditors' assignee, or such further time as may be permitted by the Court, the Official Assignee shall make out a list of all debts due to the bankrupt's estate which remain unpaid, with the dates of his application for the same, and the answers thereto (if any), and shall send such list to the creditors' assignee, who shall note thereon such of the debts as he shall deem to be recoverable, and what proceedings ought in his opinion to be adopted for their recovery, and shall thereupon return the list to the Official Assignee who shall submit the same with his observations thereon to the Examiner, who may sanction proceedings for the recovery of the debts, or the employment of some fit person to collect the debts at such remuneration as the Examiner shall think proper.
122. Rule 121 shall not preclude the Official Assignee from applying to the Court to take such proceedings at an earlier period should the circumstances of the case require it.
123. Where an order has been made by the Court for the sale of any lands or tenements or of any interest therein, or any policies of assurance, the solicitor having carriage of sale (except when the same is out of Court) shall, when the same shall be necessary, prepare and lodge in the office a statement of title and conditions of sale. The Examiner shall settle the conditions of sale and direct the advertisements, upon notice to such persons (if any) as he shall deem necessary, and may direct such searches and require the production of such evidence as shall appear to him requisite. The Examiner shall be at liberty in any case to direct that the statement of title and conditions of sale shall be perused and settled by counsel.
XXXI.
Disclaimer
.
124. The assignees shall not be entitled to disclaim any property under section 97 of the Act of 1872 without the leave of the Court. Upon any application to the Court for such leave notice of the desire of the assignees to disclaim such property shall be given to such person as the Court shall direct.
XXXII.
Proof of debts and dividends
.
125. (1) A creditor may prove his debt at a sitting for proof of debts in bankruptcy and arrangement matters or may send his affidavit of debt in the prescribed form by prepaid post to the Official Assignee four days before such sitting.
(2) Where the debt or any part thereof is in respect of money lent by a moneylender or interest or charges in connection therewith, proof of the debt shall be given by affidavit, and the affidavit or one of the affidavits by which the debt is proved, shall have indorsed upon it or annexed to it a statement showing in detail the particulars required by the Moneylenders Act, 1933, section 16 (2).
126. If in the opinion of the Official Assignee any affidavit so sent to him ought not to be admitted as a proof of debt, either wholly or in part, or that further evidence ought to be adduced in support of it, he shall return the affidavit and any bills, notes or other documents exhibited therein to the creditor, with an intimation that it will be incumbent on the creditor himself personally or by his solicitor or agent to bring forward and establish his proof at the sitting. The Official Assignee may return unsatisfactory accounts furnished to him by alleged creditors with the like intimation.
127. The Official Assignee shall previous to the sitting prepare a list of all such affidavits sent to him as in his opinion ought to be admitted as proofs (specifying bonds, bills, notes or other documents produced or which ought to be produced) and of all other debts which ought in the opinion of the Official Assignee to be admitted without proof upon accounts furnished to him or upon the examination of the bankrupt or arranging debtor or upon his statement of affairs, or otherwise (specifying the documents produced or which ought to be produced as before mentioned), and the Court may admit such debts accordingly without proof, if undisputed, and shall sign such list and place the same with the proofs on the file of proceedings. The Court may admit any other debt at the sitting without proof. Where a debt is disputed an affidavit shall be made by or on behalf of the person disputing it and the Court may require an affidavit in support of the debt whenever it thinks fit.
128. A creditor shall bear the cost of making his proof of debt unless the Court shall otherwise specially order.
129. The accounts of the Official Assignee shall in all cases be vouched before the Examiner previous to the audit before the Court. At the vouching of an account the Examiner shall examine the items of the account and the vouchers and the documents relating thereto the Messenger's inventory of the property seized or taken possession of, and the statement of affairs (if any). He shall charge the Official Assignee in his accounts with all moneys with which he shall be properly chargeable, and he shall allow to the Official Assignee in his accounts all disbursements properly made by him and none other. The Examiner shall submit to the Court a report upon the account for audit with respect to the realisation and the dealings of the Official Assignee with the estate, as to the collection of debts due to the estate, the costs payable out of the estate and the amounts of the debts of creditors upon which dividend should be declared, and shall further report any unnecessary delay in the realisation of the estate or in the vouching of the account and bringing same to audit.
130. Sittings for proof of debts and for vouching and audit of the Official Assignee's accounts shall be fixed by the solicitor having carriage of the proceedings with the sanction of the Examiner who shall give such directions as to advertisements or notices thereof as he shall think fit. If it shall be shown to the Judge that the solicitor having carriage of the proceedings has neglected to fix a sitting for proof of debts or for vouching or for audit of the accounts when required by the Court to do so, the Judge may appoint some other solicitor who shall fix the sitting and give such notice thereof as the Examiner may direct. The cost of the solicitor so appointed shall be paid out of the estate in such priority as the Judge may direct.
131. In every bankruptcy and arrangement matter in which dividend or composition is to be paid to creditors, such officer of the Court as the Examiner may from time to time direct shall cause to be made out in duplicate lists in the prescribed form of all the creditors whose debts have been proved or admitted in the matter, showing the full name and address of each creditor, the amount of the debt of each creditor, and the number of bills or notes (if any) which, according to the order or memorandum of proceedings are to be exhibited to the Official Assignee, in order that the dividend or composition may be indorsed thereon. Such officer shall carefully examine and add up the figures and if he shall find that a debt has been admitted in duplicate or that any other reason exists for doing so, he shall call the attention of the Examiner thereto. The dividend or composition list and duplicate shall be delivered by the officer to the Examiner to be attached to the account.
132. After a dividend has been declared the Examiner shall state on the dividend list and the duplicate thereof the amount of the dividend and the date of the order for payment and shall transmit same to the Official Assignee without delay. When the Official Assignee receives the dividend or composition lists he shall compute the amount of the dividend payable to each creditor, and insert the same opposite the creditor's name in the column of the list set apart for the purpose and the Official Assignee shall date and sign the list and return the same to the proper officer to be filed with the proceedings in the matter.
133. An account called the "Bankruptcy Dividend Account" shall be kept in the Bank in the name of the Official Assignee. After an order has been made in any matter of bankruptcy or arrangement for payment of a dividend or cash composition, the Official Assignee shall transmit to the Bank an authority in the prescribed form to transfer from the estate account (hereinafter mentioned) of such matter to the credit of the Bankruptcy Dividend Account the total amount of such dividend or cash composition, and to pay to the creditors, to whom the dividend or cash composition is payable, the respective amounts to which the said creditors are entitled as specified in a schedule to be subjoined to the said authority, and to charge the amounts so paid to the Bankruptcy Dividend Account. The said authority shall be dated as of the date of the order for payment of the dividend or cash composition.
134. The Official Assignee shall transmit forthwith to each creditor by prepaid post a notification, in the prescribed form of the dividend or cash composition payable to him, and that payment will be made to him by the Bank upon presentation through a bank of such notification bearing at foot the acknowledgment of the receipt by the payee. Provided, however, that when the debt of any creditor has been admitted as a claim only, or subject to the production of a bill, note or other document, or when payment of a dividend or composition has been stayed, or when it is necessary that the creditor should produce to the Official Assignee a bill or note in order that the dividend or cash composition may be indorsed thereon, the Official Assignee shall defer transmitting the notification, and shall communicate to the creditor that the same will be transmitted to him only upon conversion of the claim into a proof, or upon the production to the said Official Assignee of the bill, note or other document required to be produced, or upon removal of the stay.
135. A creditor who has exhibited the bills or notes upon which his proof is founded shall not be required by the Official Assignee to exhibit them again before receiving his dividend or cash composition, if the bankrupt or arranging debtor alone is liable thereon, but where some other person besides the bankrupt or arranging debtor is liable upon the bills or notes the creditor shall produce them to the Official Assignee before receiving the dividend or cash composition, and the Official Assignee on being satisfied that the bills or notes are those required to be produced shall indorse thereon the amount of the dividend or cash composition paid thereon, provided, however, that the Court may for sufficient reason dispense with the production to the Official Assignee of a bill, note or document in any matter.
136. The Bank shall transmit daily to the Official Assignee all paid drafts and all notifications upon the presentation of which creditors have received payment of dividend or cash composition.
137. At the expiration of one year from the date of every authority to the Bank for payment to creditors of dividend or cash composition, the authority shall lapse and become void, and the Bank shall forthwith transmit to the Examiner every such authority having noted thereon the dates on which the several payments thereunder were made.
138. The Official Assignee shall immediately after the expiration of one year from the date of the order for payment of dividend or cash composition, and of one year from the audit, in case no dividend or cash composition was then paid, vouch before the proper officer the payment of all sums comprised in his accounts, payment of which has not been already vouched before the Examiner, and of all sums ordered to be paid at the sitting for audit.
139. The Official Assignee shall immediately after the expiration of the year mentioned in rule 138, prepare a list of the unpaid dividends or cash compositions, and of any sums, payable under the order on the audit sitting, or described in the Official Assignee's account as reserved for payment, which remain unpaid at the date of such list. Such list when prepared shall be brought before the Examiner, who shall direct such notices to be served relative thereto as he may think fit, and when satisfied that the dividends, compositions or other sums in such list are properly transferable to the Unclaimed Dividend Account shall give directions for the immediate transfer of the same. A schedule of the unpaid dividends, compositions and other sums transferred to the Unclaimed Dividend Account shall in all cases be lodged with the Examiner with a certificate that the act ual transfer has been made. The rules respecting payment of unclaimed dividends transferred to the Unclaimed Dividend Account shall be applicable to all other sums transferred to said account.
140. (1) When after an authority in the prescribed form for payment out of the Bankruptcy Dividend Account has been lodged in the Bank any debt comprised therein shall be expunged or reduced or a stay shall be placed upon the payment of any dividend or composition specified in such authority, the Official Assignee shall issue to the Bank a direction cancelling the authority of the Bank to pay the amount of the dividend or composition upon the debt expunged or reduced or upon which the stay has been placed, and shall draw such amount from the Bankruptcy Dividend Account by a draft in favour of the account of the estate out of which such dividend or composition is payable, and the amount so drawn shall be brought to the credit of the said estate. After receipt of such direction as aforesaid the Bank shall not make payment of the amount therein specified on foot of the original authority.
(2) When after any such authority as aforesaid has been lodged in the Bank the right to receive payment of a sum therein specified has been transferred to or devolves upon a person (hereinafter called "the new payee") other than the person named in the authority as the person entitled to receive payment of such sum, the Official Assignee shall issue to the Bank a fresh authority revoking the original authority in so far as it refers to such sum and authorising the Bank to make payment of the said sum to the new payee, and the Bank shall not after receipt of such fresh authority make payment of the said sum to the person named in the original authority as entitled to receive payment thereof.
141. Payment from the Bankruptcy Dividend Account to the Unclaimed Dividend Account or to an estate account shall be made in the manner provided by rule 166 for payments out of an estate account.
142. When the Official Assignee shall be in receipt of any fixed annual or other periodical sum arising out of a bankrupt's or arranging debtor's income, salary or emoluments for payment to creditors, the same shall be distributed among the creditors by way of dividend at such intervals as shall be directed by the Court, subject to all sums properly payable to the Official Assignee for his remuneration, and without its being necessary to appoint public sittings of the Court for that purpose; and in such cases the account of the Official Assignee shall be filed and vouched before the Examiner at such intervals of time as the Court shall direct.
XXXIII.
Preferential payments in bankruptcy and arrangement.
143. Every person to whom a preferential payment is due desiring to be paid shall make application therefor to the Official Assignee.
144. The Official Assignee shall forthwith bring the said application before the Court.
145. An order for preferential payment may be made by the Court at any time and upon any evidence that the Court shall think sufficient.
146. If the Official Assignee shall so require, a sitting before the Examiner shall be fixed for the ascertaining of preferential debts, and the Official Assignee ten clear days before the date of such sitting shall send notice by post to all persons claiming or stated in the statement of affairs to be entitled to a preferential payment. If any claimant or person so stated to be entitled to such payment having notice of such sitting fails to attend such sitting or to forward sufficient particulars of his claim to the Official Assignee, the claim may be struck out and the Examiner shall state in the memorandum of the sitting, the fact that such claim was struck out.
147. In any case in which a landlord of premises belonging to the bankrupt shall have distrained on any goods or effects of the bankrupt, and have sold the same within three months next before the date of the adjudication, the Court if there are any preferential debts may direct the landlord to pay to the Official Assignee the proceeds of the said sale or so much thereof as may be necessary to meet such preferential debts, and to lodge in Court an account thereof, and vouch the same before the Examiner at a sitting to be appointed for the purpose. The rulings of the Examiner upon the vouching of such account shall be binding and conclusive on such landlord unless varied by the Court. Provided that in respect of any money so lodged the landlord shall have the same rights of priority as the person or persons to whom a preferential payment is made as provided by the Preferential Payments in Bankruptcy (Ireland) Act, 1889, section 4 (4).
XXXIV.
Final examination.
148. The bankrupt shall ten days before the day appointed for his final examination, if ordered by the Court, but not otherwise, file in the Office an accounting statement in the prescribed form, verified upon oath, together with a copy thereof which the proper officer shall stamp with the stamp of the Office, indorse with the date when received, and transmit to the Official Assignee. It shall be the duty of the bankrupt to attend the Official Assignee and vouch by his books of accounts and other evidence the items in such accounting statement.
149. At the sitting for the final examination of the bankrupt the Official Assignee shall submit to the Court his report respecting the bankruptcy, showing the debts returned as due to the estate, how far such return has been found to be correct, how far the estate has been realised by the assignees, how far the bankrupt has performed the duties imposed upon him by statute and afforded all necessary information and assistance, how far the items in his statement of affairs and accounting statement (if filed) have been vouched and whether in his opinion any other information is required or can be expected from the bankrupt on any matter connected with his estate.
XXXV.
Certificate of conformity.
150. When a bankrupt is desirous of applying for a certificate of conformity the time at which the application is to be heard shall be fixed by the Examiner. Notice of the application and of the time so fixed, shall be served by the bankrupt on the assignees, and notice by post shall likewise be given twenty-one days before such day to all creditors entered in the bankrupt's schedule or who shall have proved debts.
151. Where a dividend of less than 50 pence in the pound has been paid out of the bankrupt's property, the Official Assignee shall submit to the Court at the hearing of the application of the bankrupt for his certificate, a report of what matter (if any) have come to the knowledge of the assignees during the realisation of the property, and otherwise to show whether the bankruptcy or failure to pay 50 pence in the pound has arisen from circumstances for which the bankrupt cannot be held responsible or otherwise.
152. The certificate shall be dated of the day on which it is granted, and shall take effect on and from the day of its date, but shall not be delivered to the bankrupt until after the expiration of the time allowed for appeal, or if an appeal be entered, until after the decision on the appeal. After such delivery it shall be gazetted on the bankrupt paying the proper charges.
153. (1) Where a bankrupt who has not obtained his certificate shall, after the passing of his final examination or the close of the bankruptcy, pay or tender to the several creditors who have proved their debts a sum which with the dividend paid previously shall make up a dividend of not less than 50 pence in the pound, and shall desire to obtain his certificate of conformity, he shall file in the Office a statement, verified by affidavit, of the sums so paid or tendered, and when and where paid, with the receipts of the creditors or their representatives for the sums respectively paid to them written on or attached thereto. Thereupon a day shall be fixed for the hearing of the application for the certificate, and a notice thereof shall be served by the bankrupt on the assignees, and shall be given by post twenty-one days before such day to each creditor entered in the bankrupt's statement of affairs or who has proved or claimed a debt under the bankruptcy.
(2) Where a creditor who has proved a debt cannot be found or is dead, and no representative is known, the bankrupt may lodge the money payable to such creditor with the Official Assignee to the credit of the matter and of such creditor.
(3) At the hearing of the application the bankrupt shall produce a report from the Examiner that a sum equal to a dividend of 50 pence in the pound has been paid to, or lodged for, all the creditors who proved their debts, and thereupon the Court may grant a certificate unless on a representation of creditors under section 56 of the Act of 1872 or otherwise, the Court deems it just to suspend or withhold such certificates.
XXXVI.
Enforcement of debt against a bankrupt who has not obtained a certificate of conformity.
154. Where after the expiration of a period of three years from the passing of a final examination or the close of the bankruptcy in which the bankrupt has not obtained a certificate of conformity, an application is intended to be made to the Court for its sanction to the enforcement by a creditor of the payment of the balance remaining unpaid of a debt proved under the bankruptcy, such creditor shall file a statement in the Office verified by affidavit showing the dividend paid under the bankruptcy, the balance remaining unpaid and the property against which he seeks to enforce payment and thereupon a time shall be fixed for the hearing of the application and notice thereof according to the prescribed form shall be served personally on the bankrupt and the assignees unless some other mode of service shall be directed by the Court.
155. The Court may refuse the application or adjourn the hearing to some other day, and in such latter case direct the creditor to cause a notice in the prescribed form to be gazetted and inserted in a public newspaper ten days before the day to which the hearing is adjourned, and such insertion shall be vouched before the proper officer on the day previous to the hearing.
156. At the adjourned hearing the Court may hear all persons claiming to be creditors of the bankrupt before or since the passing of the final examination or the close of the bankruptcy, and make such order in the matter as it thinks fit.
XXXVII.
Records of proceedings.
157. All records of proceedings in bankruptcies or arrangements shall until transferred to the Public Record Office be and continue in the custody of the Examiner.
158. Proper books according to the forms now in use or in such other form as may be sanctioned by the Judge shall be kept in each branch of the Office.
159. The Examiner shall keep a book called "The Minute Book," which shall contain entries in regular order of all the proceedings at every sitting of the Court. The Examiner or officer in attendance shall enter in that book all the proceedings and the orders made, and the parties present at each sitting of the Court. All affidavits and documents used at the sitting and the memorandum or record of the proceedings had, or orders made, at such sitting, signed by the Examiner or such officer, shall be filed in the Office.
XXXVIII.
Official Assignee.
160. The Official Assignee shall not, directly or indirectly, carry on any trade or business, or hold or be engaged in any office or employment other than his office and employment as Official Assignee.
161. The Official Assignee shall on an adjudication deliver personally or transmit by post to the bankrupt a notice requiring him to furnish lists of his debtors and creditors and to make full disclosure of his estate and effects. On being furnished with the list of the bankrupt's creditors, the Official Assignee shall examine the same with the aid of the bankrupt's books so as to be prepared to oppose improper proofs at the sitting for the choice of assignees.
162. The Official Assignee, immediately on receiving the statement of affairs of the bankrupt, shall examine the same, and shall communicate fully with the creditor's assignee (if any) and with the solicitor for the assignees, and with the bankrupt, upon any part of the statement as he shall consider necessary.
163. In every adjudication against two or more partners the Official Assignee shall keep in his books distinct accounts of the joint estate and of each separate estate, and shall produce to the Court such distinct and separate accounts at every audit.
164. All moneys ordered by the Court to be invested shall be invested in the names of the assignees, unless otherwise directed by the Court and no investment shall be sold or transferred, except pursuant to the order of the Court, a copy of which, signed by the Judge, shall be lodged with the proper officer in the Bank before such transfer shall be made.
165. The Official Assignee shall in every matter of bankruptcy or arrangement in which he receives money or other funds cause an account to be opened in the books of the Bank to be headed:—
Record No.
The Estate of ............................................................ ..........................................
Bankrupt
(as the case may be)
Arranging debtor
The Official Assignee shall forthwith lodge in the Bank to such account all moneys and other funds received by him in that matter.
166. No payment or transfer shall be made by the Bank out of any such estate account, except upon a draft or authority in the prescribed form signed by the Official Assignee and counter-signed by the Examiner.
167. In addition to the account to be opened for each such matter a general cash account to be called the "Bankruptcy General Account" shall be kept by the Bank in which the Official Assignee shall be credited with the lodgments to credit of the respective estate accounts under his charge, and shall be debited with the payments made by him out of the said respective estate accounts.
168. For the purpose of providing temporarily for payments for which no funds are immediately available in the particular estate against which they are chargeable, a standing imprest or advance of £800 shall be issued to the Official Assignee out of the Unclaimed Dividends Account for which sum the Official Assignee shall be personally accountable to the Court. The Official Assignee may make such advances out of the said imprest as he shall deem advisable. The Official Assignee shall, in every case in which he shall so make advances be recouped the amount properly advanced out of the first moneys lodged to credit of the estate for which the advance is made which are applicable to the recoupment; provided, however, that this rule shall not be construed as exonerating a petitioning creditor from indemnifying the Official Assignee in respect of expenses as provided by rule 35.
169. On or before the 31st January and the 31st July in every year the Official Assignee shall lodge with the Examiner a verified statement in the prescribed form, showing respectively to the 31st December and the 30th June then next preceding, the total amounts of his receipts and payments in respect of every matter of bankruptcy and arrangement on account of which money has been received or paid in the six months ending on the said last mentioned days, or upon which there remained any balance of money or any property undisposed of at the commencement of the said period of six months, and showing the balance (if any) in respect of each such matter at the close of the period to which the said statement relates.
170. (1) If any unnecessary delay shall take place in any proceedings in bankruptcy or arrangement the bankrupt or the arranging debtor or any creditor, assignee or trustee shall be at liberty to bring the matter before the Court.
(2) If it shall appear that the Official Assignee has neglected to account forthwith, the Examiner shall report such neglect to the Court.
XXXIX.
The Unclaimed Dividend Account.
171. To the "Unclaimed Dividend Account" kept in the books of the Bank, the Official Assignee shall at such times as may be directed by the Judge transfer all unpaid dividends, or compositions or other unclaimed moneys remaining in his hands, and the Unclaimed Dividend Account shall be subject to the provisions of section 77 of the Act of 1872 as regards the Official Assignee and also to the provisions of the Supreme Court of Judicature (Ireland) Act, 1877, section 85, so far as applicable.
172. Any application for payment of an unclaimed dividend shall be made by lodging the prescribed form in the Office and, if found correct, the Examiner shall make out his draft upon the Unclaimed Dividend Account for the amount thereof, if the same shall be over £100 and shall not exceed £500, and shall issue the draft when signed by the Judge; but if the amount of the dividend shall exceed £500, the draft for payment thereof shall not be made out or issued except upon an order of the Court, which may be obtained by motion
ex parte.
173. In order to facilitate payment of dividends out of the Unclaimed Dividends Account for sums less than £100, an account shall be opened at the Bank, to be called the "Bankruptcy Drawing Account," which shall be as occasion requires supplied with money from the Unclaimed Dividends Account under the order of the Judge, and dividends less than £100 shall be paid by draft, signed by the Examiner upon the Bankruptcy Drawing Account.
XL.
Proceedings in local courts.
174. A register shall be kept in the Office wherein shall be entered from time to time particulars of such proceedings as may be notified to the Examiner under the Rules for the Local Bankruptcy Courts, Ireland, made the 28th December, 1888, or any modification thereof, or of such proceedings as the Judge may direct to be entered. The said register shall be open to inspection by all persons upon payment of such fees as may be prescribed.
175. When any matter pending in the Court has been transferred to a local court of bankruptcy, the Examiner shall cause all the proceedings in the said matter to be transmitted to the registrar of the local court, and the Official Assignee shall transmit all books, documents and papers in his possession relating to the said matter to the official assignee of the local court of bankruptcy. The Examiner may direct some person to bring the said proceedings, books, documents and papers to such local court, and reasonable expenses to such person shall be allowed out of the estate on production of a written direction of the Examiner.
176. If the Official Assignee shall have received or expended any money in the matter so transferred to the local court he shall forthwith bring in an account of the same and vouch it before the Examiner, and the balance appearing to be in the hands of the Official Assignee on foot of such account shall, subject to rule 178 be forthwith transmitted by cheque signed by the Official Assignee and countersigned by the Examiner to the official assignee of the local court, together with a copy of the said account.
177. If the Official Assignee shall subsequently receive any further documents or papers or sums of money relating to any matter so transferred, he shall immediately on receipt of the same transmit them to the official assignee of the local court and he shall also furnish to the said official assignee, if so required, copies of all letters written by him in relation to the said matter and he shall give the official assignee of the local court all further information in his power relating to the said matter.
178. The local court may out of the funds to credit of any matter thus transferred, whether such funds were received before or after the order for transfer, allow to the Official Assignee such sum in respect of expenses and remuneration as may be allowed by the Court or by the Examiner, and said sum may be deducted out of the balance mentioned in rule 176 before same is transmitted under the said rule.
179. When any matter is transferred from a local court to the Court or from the Court to a local court, the Judge of the court to which such matter is transferred, shall possess the same power and jurisdiction in all respects in relation thereto, as if such matter had originated in his court, and all orders previous to the transfer had been made therein.
180. The Court may under special circumstances retransfer a matter which has been already transferred to the court in which the same originated.
XLI.
General.
181. In all cases not provided for by these Rules the principles, practice and rules on which the courts having jurisdiction in bankruptcy, insolvency or arrangement have heretofore acted in dealing with bankruptcy, insolvency or arrangement proceedings shall be observed.
ORDER 77. FUNDS IN COURT.
I.
Preliminary.
S.I. No. 15 of 1986.
THE RULES OF THE SUPERIOR COURTS
We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the
Courts of Justice Act, 1936
, section 67, and reconstituted pursuant to the provisions of the
Courts of Justice Act, 1953
, section 15, by virtue of the powers conferred upon us by the
Courts of Justice Act, 1924
, section 36, and the
Courts of Justice Act, 1936
, section 68 (as applied by the
Courts (Supplemental Provisions) Act, 1961
, section 48), and the
Courts (Supplemental Provisions) Act, 1961
, section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.
Dated this 19 day of December 1985.
Tomas A. Finlay
Harry Hill
Liam Hamilton
Frederick Morris
Brian Walsh
Mary Laffoy
Frank Griffin
W. B. Allen
Seán Gannon
D. R. Pigot
Mella Carroll
I concur in the making of the annexed Rules of Court.
Dated this 17th day of January 1986.
MICHAEL NOONAN,
Aire Dli agus Cirt.
THE RULES OF THE SUPERIOR COURTS
The following Rules (which may be cited as "The Rules of the Superior Courts" or, in the abbreviated form, "R.S.C.") shall come into operation on the 1st day of October, 1986, and shall on and after that date apply, where appropriate, to all proceedings in causes or matters whether then pending or commenced thereafter.
As and from the said date the Orders and Rules specified in Appendix Z hereto shall stand annulled.
TABLE OF CONTENTS
Page
THE RULES OF THE SUPERIOR COURTS
1
Order
1
COMMENCEMENT OF PROCEEDINGS
3
2
PROCEDURE BY SUMMARY SUMMONS
4
3
PROCEDURE BY SPECIAL SUMMONS
5
4
I. INDORSEMENT OF CLAIM
7
II. INDORSEMENT OF ADDRESS
11
5
ISSUE OF SUMMONSES AND PETITIONS
11
6
CONCURRENT SUMMONSES
15
7
SOLICITORS
16
8
RENEWAL OF SUMMONS
17
9
SERVICE OF SUMMONS
I. Mode of service
19
II. On particular defendants
19
III. In particular actions
20
IV. General
21
10
SUBSTITUTED SERVICE
22
11
SERVICE OUT OF THE JURISDICTION
22
12
APPEARANCE
27
13
DEFAULT OF APPEARANCE
33
14
ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN
39
15
PARTIES
I. General
42
II. Person under disability
45
III. Administration and execution of trusts
46
16
THIRD-PARTY PROCEDURE
50
17
CHANGE OF PARTIES BY DEATH, &c.
55
18
JOINDER OF CAUSES OF ACTION
58
19
PLEADING GENERALLY
60
20
STATEMENT OF CLAIM
66
21
DEFENCE AND COUNTER CLAIM
67
22
PAYMENT INTO AND OUT OF COURT AND TENDER
71
23
REPLY AND SUBSEQUENT PLEADINGS
78
24
MATTERS ARISING PENDING THE ACTION
79
25
TRIAL OF POINT OF LAW
80
26
DISCONTINUANCE
80
27
DEFAULT OF PLEADING
81
28
AMENDMENT
85
29
SECURITY FOR COSTS
88
30
SIDE-BAR ORDERS
89
31
INTERROGATORIES, DISCOVERY AND INSPECTION
90
32
ADMISSIONS
97
33
ISSUES, ACCOUNTS AND INQUIRIES
99
34
SPECIAL CASE
101
35
ISSUES OF FACT WITHOUT PLEADINGS
103
36
TRIAL:0.0104167>
I. Place and mode of trial
104
II. Notice of trial and setting down
106
III. Papers for Judge
108
IV. Proceedings at trial
109
V. Reference to Master as to damages
111
37
HEARING OF PROCEEDINGS COMMENCED BY SUMMARY SUMMONS
112
38
HEARING OF PROCEEDING S COMMENCED BY SPECIAL SUMMONS
115
39
EVIDENCE
I. General
117
II. Examination of witnesses
118
III. Subphoena
122
IV. Perpetuating testimony
123
V. Obtaining evidence for foreign tribunals
124
40
AFFIDAVITS
I. General
125
II. Affidavits and evidence before the Master or the Examiner
129
III. Trial on affidavit
130
41
MOTION FOR JUDGMENT AND ENTRY OF JUDGMENT
131
42
EXECUTION
I. General
135
II. Discovery in aid of execution and in proceedings under the Debtors Act (Ireland), 1872
141
43
ORDERS OF FIERI FACIAS AND SEQUESTRATION
142
44
ATTACHMENT AND COMMITAL:0.0104167>
I. General
143
II. The Debtors Act (Ireland), 1872
144
45
I. ATTACHMENT OF DEBTS
145
II. RECEIVERS BY WAY OF EQUITABLE EXECUTION
147
46
CHARGING ORDERS AND STOP ORDER
I. Orders charging stocks and shares
148
II. Orders charging interest of partner
148
III. Notice to restrain transfer of stock
149
IV. Stop orders
150
47
ORDER OF POSSESSION
151
48
ORDER OF DELIVERY
153
49
HEARING, TRANSFER AND CONSOLIDATION
153
50
I.INTERLOCUTORY ORDERS
155
II. RECEIVERS AND ADMINISTRATORS PENDENTE LITE
158
III. GUARDIANS
160
51
SALES BY THE COURT
160
52
MOTIONS AND OTHER APPLICATIONS
162
53
SOLICITORS
I. General
167
II. Application for admission as a solicitor
167
III. Disciplanary provisions
168
IV. Appeals and applications to the President under Parts IV, V, and VI of the Act of 1954
169
V. Applications relating to the control of a solicitor's property
170
VI. Applications relating to client's property
171
54
ADMINISTRATION, TRUSTS AND MORTGAGES
172
55
THE EXAMINER
I. Powers and duties
174
II. Documents to be left at the Examiner's Office
175
III. Notice to proceed
176
IV. Appointment Book
177
V. Attendances
178
VI. Advertisements for creditors and claimants
179
VII. Interest
182
VIII. Examiner's certificate
182
IX. Miscellaneous
184
56
ABBITRATION
184
57
INTERPLEADER
186
58
APPEALS TO THE SUPREME COURT
189
59
CASES STATED FOR THE SUPREME COURT
195
60
RIGHT OF ATTORNEY GENERAL TO NOTICE OF CONSTITUTIONAL ISSUES
197
61
APPEALS FROM THE CIRCUIT COURT
198
62
CASES STATED FOR THE HIGH COURT
202
63
THE MASTER OF THE HIGH COURT
203
64
ADMIRALTY
207
65
MINORS
219
66
INFANTS
I. Evidence of age
221
II. Settlements
221
67
WARDS OF COURT (OTHER THAN MINORS)
I. Preliminary
222
II. Proceedings by petition for inquiry, or on report directed to stand as a petition
225
III. Where the inquiry is before a jury
226
IV. Where the inquiry is without a jury
227
V. Proceedings under sections 68 and 70 of the Act
228
VI. Proceedings under section 103 of the Act
231
VII. Proceedings after primary order made on petition for inquiry or upon report directed to stand as a petition
234
VIII. The Registrar
237
IX. Committees
238
X. Guardians and receivers
241
XI. Leases, sales and mortgages
242
XII. Visitors
245
XIII. Death or recovery of the ward
246
XIV. Miscellaneous
248
68
REVENUE
250
I. Recovery of taxes and duties
251
II. Appeals under the Finance Act, 1894, section 10
251
III. Appeals under the Succession Duty Act, 1853, Section 50
253
IV. Miscellaneous
254
69
ARREST OF DEFENDANT UNDER THE DEBTORS ACT (IRELAND), 1872
254
70
MATRIMONIAL CAUSES AND MATTERS
I. Petition
255
II. Citation
256
III. Service
257
IV. Appearance
257
V. Intervener
258
VI. Answer
258
VII. Further pleadings
259
VIII.General rules as to pleadings
259
IX. Medical inspection
260
X. Trial or hearing
261
XI. Evidence taken by affidavit
261
XII. Proceedings by petition
262
XIII. Alimony
263
XIV. Restitution of conjugal rights
264
XV. Guardians of infants
264
XVI. Attachments and sequestration
265
XVII. Notices
265
XVIII. Service of pleadings, notices, &c.
265
XIX. Change of solicitor
266
XX. Motion papers
266
XXI. Costs, &c.
267
XXII. General
268
71
THE LIGITIMACY DECLARATION ACT (IRELAND), 1868
268
72
THE SETTLED LAND ACTS, 1882 TO 1890
269
73
PAYMENT INTO COURT UNDER THE TRUSTEE ACT, 1893, AND THE SUPREME COURT OF JUDICATURE (IRELAND) ACT, 1877
272
74
WINDING-UP OF COMPANIES
I. Preliminary
273
II. Proceedings
274
III. Service of documents in winding-up by the Court
275
IV. Petition to wind-up a company
275
V. Provisional liquidator
276
VI. Hearing of petitions and order made thereon
277
VII. Statement of affairs
279
VIII. Appointments and duties of Official Liquidator
281
IX. Proceedings by or against directors, promoters and officers when the company is being wound-up by the Court
284
X. General meetings of creditors and contributories in a winding-up by the Court and of creditors in a creditors' voluntary winding-up
285
XI. Disclaimer
294
XII. List of contributories in a winding-up by the Court
295
XIII. Collection and distribution of company's assets by Official Liquidator
296
XIV. Calls
296
XV. Ascertainment of company's liabilities
297
XVI. Proof of debts
299
XVII. Dividends in a winding-up by the court
301
XVIII. Payment in of moneys and deposit of securities
301
XIX. Sales of property
302
XX. Examination of witnesses
303
XXI. Sanction of the Court
303
XXII. Costs and expenses payable out of the assets of the company
303
XXIII. Statements by Liquidator to the registrar of companies
304
XXIV. Payment of unclaimed dividends and unapplied or undistributable balances into The Companies Liquidation Account
305
XXV. File of proceedings
308
XXVI. Applications to stay or restrain proceedings
308
XXVII. Applications under sections 201, 245, 247 or 279
309
XXVIII. Application un'er section 234, 236, 237, 243, 287(3), 299, 347 or 384
309
XXIX. Termination of winding-up by the Court
309
XXX. Applications in voluntary winding-up
310
XXXI. Forms in voluntary winding-up
310
75
PROCEDURE ON APPLICATIONS UNDER THE COMPANIES ACTS OTHER THAN THOSE RELATING TO WINDING-UP
I. Preliminary
310
II. Title of proceedings
311
III. Applications
312
IV. Summons for directions
316
V. Proceedings when inquiry directed
317
VI. Order confirming a reduction of capital
320
VII. Appeal against refusal to register a name
320
VIII. Applications to sanction the redemption of preference shares by a private company
321
IX. Service of petitions
321
76
BANKRUPTCY
I. Preliminary
321
II. Delegation of powers
322
III. Proceedings generally
324
IV. Debtor's summons
325
V. Service of debtor's summons
327
VI. Security
328
VII. Declaration of insolvency
328
VIII. Bankruptcy petition
329
IX. Adjudication of bankruptcy
331
X. Motions and practice
333
XI. Proceedings by charge and discharge
335
XII. Sale of property mortgaged or pledged
336
XIII. Discovery
337
XIV. Person under disability
338
XV. Public sittings of the Court
338
XVI. Authority to vote
339
XVII. Evidence
339
XVIII. Proof of debt of secured creditors
340
XIX. Joint and separate estates
341
XX. Trial by jury
341
XXI. Execution
342
XXII. Absconding debtor
342
XXIII. Salary and income
342
XXIV. Corrupt agreement with creditor
343
XXV. The bankrupt's statement of affairs
343
XXVI. Creditors' Assignee
344
XXVII. Composition after bankruptcy
344
XXVIII. Arrangement under the control of the Court
345
XXIX. Consent of surety
348
XXX. Realisation of bankrupt's estate and effects
348
XXXI. Disclaimer
349
XXXII. Proof of debts and dividends
350
XXXIII. Preferential payments in bankruptcy and arrangement
355
XXXIV. Final Examination
356
XXXV. Certificate of conformity
356
XXXVI. Enforcement of debt against a bankrupt who has not obtained a certificate of conformity
358
XXXVII. Records of proceedings
358
XXXVIII. Official Assignee
359
XXXIX.The Unclaimed Dividend Account
361
XL. Proceedings in local courts
362
XLI. General
363
77
FUNDS IN COURT:0.0104167>
I. Preliminary
363
II. Preparation of orders to be acted upon by the Accountant and particulars relating thereto
364
III. Lodgment of funds in Court
370
IV. Appropriation under Order 22, rule 9, of money lodged in Court
373
V. Payment, delivery and transfer of funds out of Court and other dealings with the funds
373
VI. Investments
380
VII. Calculation of residues, evidence of life, &c.
382
VIII. Deposits under the central Bank Act, 1941
383
IX. Deposits under the central Bank Act, 1941
384
X. Deposits under the
Auctioneers and House Agents Act, 1947
386
XI. Miscellaneous
387
XII. The Companies Liquidation Account
391
78
DEPOSIT OF POWERS OF ATTORNEY
391
79
THE PROBATE OFFICE
392
I. Application for probate or letters of administration
394
II. Execution of a will
399
III. Interlineations and alterations
400
IV. Erasures and obliterations
400
V. Documents referred to in a will
400
VI. Appearance of the paper
401
VII. Pencil writing on wills
401
VIII. Application by Trust Corporation
401
IX. Limited administration
401
X. Administration under the
Succession Act, 1965
402
XI. Grant to an attorney
402
XII. Grant to a gaurdian
402
XIII. Grant to a Committee
402
XIV. Administrator's oath
403
XV. Administration bond
403
XVI. Issue of grant
404
XVII. Renunciation
404
XVIII. Affidavits
405
XIX. Caveats
405
XIX. Citations
406
XXI. Production of will
408
XXII. Blind and illeterate testator
409
XXIII. Alteration in grant
409
XXIV. Notice to Attorney General
409
XXV. Transmission of papers
410
XXVI. Copies of wills
410
XXVII. Production of documents
411
XXVIII. Sureties
411
XXIX. Personal application for grant
411
XXX. Miscellaneous
412
80
THE DISTRICT PROBATE REGISTRIES
I. Application for probate or letters of administration
414
II. Execution of a will
419
III. Interlineations and alterations
420
IV. Erasures and obliterations
420
V. Documents referred to in a will
420
VI. Appearance of the paper
421
VII. Pencil writing on wills
421
VIII. Doubtful cases
421
IX. Application by Trust Corporation
421
X. Limited administration
422
XI. Administration under the
Succession Act, 1965
422
XII. Grant to an attorney
422
XIII. Grant to a guardian
423
XIV. Administrator's oath
423
XV. Administration bond
423
XVI. Issue of grant
424
XVII. Renunciation
425
XVIII. Revocation and alteration of grant
425
XIX. Affidavits
426
XX. Caveats
426
XXI. Citations and subpoenas
427
XXII. Blind and illiterate testator
427
XXIII. Alteration in grant
427
XXIV. List of grants
428
XXV. Notice to Attorney Genral
428
XXVI. Transmission of papers
428
XXVII. Copies of wills
429
XXVIII. Production of documents
429
XXIX. Sureties
430
XXX. Personal application for grant
430
XXXI. Miscellaneous
431
81
THE BILLS OF SALE (IRELAND) ACTS, 1879 AND 1883
432
82
DEEDS OF ARRANGEMENT
433
83
CONSTRUCTION OF WRITTEN INSTRUMENTS
435
84
JUDICIAL REVIEW AND ORDERS AFFECTING PERSONAL LIBERTY
435
I. Habeas corpus
436
II. Attachment for contempt
438
III. Bail
438
IV. Recognizances
438
V. Judicial Review
439
85
CENTRAL CRIMINAL COURT
445
86
COURT OF CRIMINAL APPEAL:0.0104167>
I. Preliminary
446
II. Certificate of the judge of the Court of trial
447
III. Notice of appeal
447
IV. Enlargement of time for appealing
449
V. Appeal where fine only is inflicted
449
VI. Suspension of orders of trial judge pending appeal
450
VII. Official stenographer and transcript
453
VIII. Exhibits and documents relating to trail
454
IX. Documents for use of the Court and appellants
454
X. Report of trial judge
455
XI. Bail
455
XII. Cause list
458
XIII. Abondonment of appeal
458
XIV. Examination of witnesses
459
XV. Hearing of appeals and other applications
460
XVI. Miscellaneous
461
87
APPEALS TO THE SUPREME COURT FROM THE CENTRAL CRIMINAL COURT
463
88
INSURANCE DEPOSITS
466
89
THE AUCTIONERS AND HOUSE AGENTS ACT, 1947-1973
467
90
THE
SOCIAL WELFARE (CONSOLIDATION) ACT, 1981
467
91
THE ROAD TRAFFIC ACTS, 1961 TO 1978
468
92
THE
HOUSING ACT, 1966
469
93
THE
FISHERIES (CONSOLIDATION) ACT, 1959
470
94
PATENTS, DESIGNS, TRADE MARKS AND COPYRIGHT
I. General
470
II. Actions for infringement of patent
471
III. Amendment of specification
473
IV. Petition for revocation of a patent
474
V. Petition for extension of the term of a patent
VI. Appeals to the Court
478
VII. Other applications to the Court
479
95
PROFESSIONAL DISCIPLINARY BODIES
480
96
THE
REGISTRATION OF TITLE ACT, 1964
482
97
PARLIAMENTARY ELECTION PETITIONS
484
98
EXTRADITION ACT, 1965
492
99
COSTS
I. Rights to costs
493
II. Limitation of costs
495
III. Amount of costs
496
IV. Taxation of costs
498
V. Review of taxation
512
VI. Costs of judgment in default
514
VII. Costs of execution
515
VIII. Judicial Review and Orders affecting personal liberty
516
IX. Non-contentious probate matters
516
X. Bankruptcy
516
100
REGISTRATION OF BUSINESS NAMES ACT, 1963
518
101
HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1979
519
102
TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982
519
103
LOCAL GOVERNMENT (PLANNING ADN DEVELOPMENT) ACT, 1976
520
104
CONSUMER INFORMATION ACT, 1978
521
105
APPEALS FROM THE EMPLOYMENT APPEALS TRIBUNAL
522
106
APPEALS FROM THE LABOUR COURT
523
107
THE
TRADE UNION ACT, 1971
524
108
LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977
524
109
INDUSTRIAL AND PROVIDENT SOCIETIES (AMENDMENT) ACT, 1978
526
110
MALICIOUS INJURIES ACT, 1981
527
111
AIR NAVIGATION (EUROCONTROL) ACTS, 1963 TO 1983
528
112
APPEALS UNDER THE HOUSING (PRIVATE RENTED DWELLING) (AMENDMENT) ACT, 1983
529
113
THE LIFE ASSURANCE COMPANIES (PAYMENT INTO COURT) ACT, 1896
529
114
OFFICERS
532
115
ORDERS OF THE COURT
532
116
SEALS
533
117
PAPER, PRINTING AND COPIES OF DOCUMENTS
534
118
SITTING AND VACATIONS
536
119
MODE OF ADDRESS OF JUDGES: ROBES OF BENCH AND BAR
538
120
INTERPRETERS AND TRANSLATIONS
539
121
SERVICE OF DOCUMENTS
540
122
TIME
542
123
SHORTHAND REPORTING
544
124
EFFECT OF NON-COMPLIANCE
545
125
INTERPRETATION AND FORMS
546
126
GENERAL
549
APPENDIX
A.
Part I: ORIGINATING SUMMONS
[1]
II: APPEARANCE
[4]
B.
Part I: INDORSEMENT OF CHARACTER OF PARTIES
[6]
II: GENERAL INDORSEMENT OF CLAIM
[6]
III: SPECIAL INDORSEMENT OF CLAIM
[10]
IV: STATEMENT OF CLAIM
[12]
DEFENCE
[13]
REPLY
[13]
C.
NOTICES, AFFIDAVITS &c.
[14]
D.
Part I: EVIDENCE
[27]
II: EVIDENCE TAKEN ABROAD
[29]
III: FOREIGN PROCEEDINGS
[31]
E.
JUDGMENT
[34]
F.
EXECUTION
Part I: PRAECIPE
[37]
II: ORDERS
[38]
G.
THE EXAMINER
[48]
H.
SOLICITORS
[68]
I.
APPEALS FROM CIRCUIT COURT
[71]
J.
ADMIRALTY
Part I: ORIGINATING SUMMONS
[73]
II: MISCELLANEOUS
[74]
III: CENERAL INDORSEMENT OF CLAIM
[81]
IV: STATEMENT OF CLAIM
[82]
V: DEFENCE
[84]
K.
WARDS OF COURT
[85]
L.
MATRIMONIAL
[102]
M.
WINDING-UP OF COMPANIES
[107]
N.
PROCEDURE ON APPLICATIONS UNDER THE COMPANIES ACTS, OTHER THAN THOSE RELATING TO WINDING-UP
[153]
O.
BANKRUPTCY
[160]
P.
FUNDS IN COURT
[200]
Q.
PROBATE
[212]
R.
BILLS OF SALE
[232]
S.
DEEDS OF ARRANGEMENT
[235]
T.
JUDICIAL REVIEW AND ORDER AFFECTING PERSONAL LIBERTY
[240]
U.
COURT OF CRIMINAL APPEAL
[246]
V.
ELECTION PETITIONS
[263]
W.
COSTS
Part I: GENERAL
[267]
II: COSTS OF JUDGMENT IN DEFAULT OF APPEARANCE
[276]
III: NON-CONTENTIOUS PROBATE MATTERS
[276]
IV: BANKRUPTCY
[284]
V: APPEALS FROM CIRCUIT COURT
[286]
VI: FEES PAYABLE TO COMMISSIONERS FOR OATHS
[286]
Z.
ANNULMENT OF RULES
[287]
ORDER 1. COMMENCEMENT OF PROCEEDINGS.