« EelmineJätka »
cept such part of the last-mentioned costs as shall be actu the person entitled to such payment shall produce a certifially recovered under the order of the Commissioners from cate from the proper officer, of the payment of the legacy the owner or person who shall have contested such claim; duty, if any payable in respect thereof; but the Commisand the Commissioners may direct the owner or other per. sioners may, with the consent of such person, draw in favour son contesting such claim to reimburse the fund in any costs of, or transfer to, the proper officer authorized to receive the awarded to the tenant establishing his claim, and paid to him same, the amount of such duty. out of the funds in court, provided that nothing herein con 34. The Commissioners may, in any special case, order the tained shall preclude the Commissioners from giving costs to payment of money or transfer of stock to any person upon an owner not being the petitioner or party having the car his giving such security as shall be approved of by the Comriage of the proceedings in any case in which it shall appear missioners, to abide any order which the Commissioners may to be just and reasonable that such owner should be allowed make in regard thereto. costs.
35. That notice, in writing, of any assignment, charge, 26. That the costs properly incurred by an incumbrancer or other disposition of any funds in the hands of the Comcoming in and proving his incumbrance, shall, except where missioners, or of the interest of any person therein, must be the Commissioners may otherwise direct, rank in point of lodged in the office, stating particularly the fund to which priority with the incumbrance, in respect of which such costs the same relates, and the name of the person whose interest have been incurred.
therein is affected, and the name of the party so claiming to 27. That a schedule of incumbrances shall be prepared be interested in such charge, and some place in Great by the Commissioners, or one of them, or such of their Britain and Ireland where notice may be served upon such officers as they shall appoint, according to their several pri- party or his attorney. orities, with the sums due on each for principal, interest, PROCEEDINGS FOR AN APPORTIONMENT OF Rent. and costs respectively, and in case of an annuity, for arrears 36. That when it is proposed to sell a part only of any lease, and costs: and when such schedule shall be filed, notice there. any person interested may apply to the Commissioners for of shall be given in a Dublin newspaper and in a local news an apportionment of the rent reserved by such lease ; and paper, and such other newspapers as the Commissioners shall notice of such proposed apportionment shall be given to the direct, and if the Commissioners shall consider it necessary, landlord and to the owner of the remainder of the land innotice shall also be specially given to the incumbrancers and cluded in the lease ; and such landlord or owner may lodge other parties interested in the premises, or their attorneys; in the office a notice of his intention to oppose such apporand if no party interested shall ile an objection thereto, tionment; in which case the matter shall be heard and dewithin such time as the Commissioners shall appoint for termined by the Commissioners. that purpose, the same shall stand confirmed without further 37. That an application for apportionment may be inorder, and all parties shall be bound thereby, so far as relates cluded in a petition for sale. to the money produced by the sale of the premises, in re
PROCEEDINGS FOR A PARTITION. speet of which such schedule shall be made, unless the 38. That when an application for a partition is preCommissioners shall, on special application, make an order sented under the 43rd section of the act, the Commissioners to the contrary,
shall direct what notices shall be served, and on whom, 28 That any party may file an objection to the schedule
and shall direct advertisements to be published in at least of incumbrances, within the time specified under the last
one Dublin newspaper and one local newspaper, calling preceding rule, and shall briefly state therein the grounds of
on all parties interested to serve notice of objections, (if his objection, and such objection shall be heard and dealt
any they have to a partition) before a certain day therewith by the Commissioners in such manner as they shall in to be named, and on the day named in such advertisethink fit.
ment, or as soon after as may be convenient, the Com29. That after the schedule of incumbrances shall be missioners shall hear the said application, and if no objecconfirmed, and if the Commissioners shall think the funds
tion shall be substantiater, will issue an order to one or may be safely distributed, one of the Commissioners shall
more surveyor or surveyors to make a report according to allocate the stock and funds in court (computing the value instructions to be contained in such order, and as soon as of the stock at the price of the day of such allocation) the report of the surveyor or surveyors shall be returned to among the several incumbrancers and parties entitled, ac- the Commissioners, they shall name a day on which a parcording to their priorities ; and such allocation, so far as it tition shall be made, unless in the meantime a notice of obmay extend, shall be deemed payment of such incumbrances jection shall be served on behalf of some interested party, in so that they shall cease to bear interest, and the owner of which case the Commissioners shall hear all parties who the iocumbrance shall be entitled to the dividends on the or rise in price, but such Commissioner shall not be bound them to be proper. stock, and shall be liable to all the consequences of its fall require to be heard, and examine the proceedings, and make
a partition, or such other order thereon as may appear to to make any allocation of stock or funds in part payment of
39. That application for a partition, under the 43rd sec. an incumbrance, unless the incumbrancer consents to such tion of the act, may be either included in an original petiallocation. 30. That the Commissioners may, before such schedule to the former petition, and to the proceedings thereon.
tion for a sale, or made by supplemental petition referring as aforesaid shall be finally settled, upon the application of 40. That the costs properly incurred in proceedings for a any person who shall be the first or an early incumbrancer, partition, including the costs of the survey and advertise. and whose claim shall appear to be valid, order payment to ments, shall be borne by the owners of the estate in proporsuch incumbrancer of the amount claimed by him, or any tion to their respective shares ; and the amount paid by any part thereof, if it shall appear to the Commissioners that
owner having a limited interest, shall be a charge in his such order may be made with safety to all parties ; but favour upon the inheritance or whole interest in the share the costs of such application shall not be allowed on tax
allotted to him. ation against the fund, unless in the order pronounced by PROCEEDINGS FOR Exchange, OR FOR DIVISION OF the Commissioners they shall award the costs thereof to such
INTERMIXED LANDS. incumbrancer.
41. That application for an exchange under the 44th 31. That when stock or money is allocated to trustees, section of the act, may be either included in an original the Commissioners may refuse to order a trausfer or pay petition for sale, or made by supplemental petition, referring ment thereof to be made to them, unless the full number of
to the former petition, and to the proceedings thereon. trustees shall exist according to the provisions of the instru 42. That the costs properly incurred in proceedings for ment creating the trust.
exchange or division shall be borne in such proportions as 32. That the fund allocated to any party shall not be the Commissioners shall direct, having regard to any special transferred or paid over to bim, until he shall have verified agreement between the parties ; and the amount paid by any his title thereto as the Commissioners shall direct.
owner having a limited interest, shall be a charge in his fa. 33. That the Commissioners shall not draw in favour of, vour, upon the inheritance or whole interest in the lands alor transfer stock to, any person in payment of a legacy, until lotted to him.
the court shall think fit otherwise to direct, to be served with 43. That every attorney who appears for any party,
shall notice of all proceedings in the matter, and to appear enter his name and address in a book, to be kept in the office thereon, until he shall
, by notice declare that he withdraws for that purpose ; and every change of attorney or address such appearance; but the costs occasioned by entering such shall be entered in the same manner.
appearance, shall be paid by the party entering the same 44. That every person making an application to the Com- unless the court shall otherwise direct. missioners shall enter an address in Great Britain or Ireland, 48. That the Commissioners, or one of them, shall
, in to which all notices or orders to him may be sent, and may the first week of each month, from November to August
, change the same from time to time ; and that any notice or inclusive, examine the state of each matter, and the prova order which may require to be served in any matter
shall be ceedings which may have taken place since soch last examin. lodged with such of the officers of the court as the Commis- ation, and if any matter shall appear not to have been pro. sioners shall appoint for that purpose, and shall be served in secuted with due diligence, they shall require the party har. manner hereinafter mentioned, through the office of such ing the carriage thereof to explain the reason of such neglect officer
, unless the court, or a Commissioner, when sitting alone or delay, and if such reason shall not appear satisfactory upon any matter referred to him, shall otherwise order; and they shall be at liberty to order the carriage of such matter to such notice or order may be transmitted by the post, by the be transferred to some other party interested in such matter. clerk or officer so to be appointed for that purpose ; and the who shall undertake to prosecute the same with due diligetice certificate of such clerk or officer, of the sending by post of and shall order the costs occasioned by such transfer to be such notice or order, shall be sufficient proof that such notice paid by the party guilty of such delay, and shall order all or order was duly served at the time when the same would such papers and documents relating to the proceedings in reach the said address in the ordinary course of the post. such matter. which were in the custody, power, or pro
45. That whenever a notice or order shall be lodged in curement of the petitioner, or party having the carriage, of the notice office, for the purpose of being served, the person the proceeding or his attorney to be handed over to such lodging the same shall at the same time bring in and lodge other party, or lodged in court, as the Commissioners shall as many copies of such notice or order as such person shall direct; and no petition shall be withdrawn or dismissed require to be served, and shall also at the same time bring without the leave of the Commissioners, in and lodge in the office as many covers or envelopes, with 49. That every petitioner shall be at liberty, until an a sufficient postage stamp affixed on each, as may be neces. order shall be made upon his petition, to amend the saine, sary for the purpose of transmitting such copies free by post; as often as he may be advised; but after any order shall be and upon which envelopes or covers shall be legibly written made upon the petition no other amendment shall be made by the party bringing in the same, the address of the parties on any petition, without the leave of the court ; and in all respectively on whom such copies are to be served ; and it cases of amendment, the material facts, the subject matter shall be the duty of the officer to compare such copies with of the amendment so sought to be made, shall be verified by the notice, and to correct the same when necessary, and also affidavit. to compare the address on each cover or envelope with the 50. That any party introducing any scandalous, prolix, or address mentioned at the foot of such original notice, and irrelevant matter into any petition, affidavic, or other docu. to see that the same is correct And that all notices ment, shall pay the costs incident to such misconduct, and to be served through the notice shall be lodged in such all such scandalous, prolix, and impertinent matter shall be office before the hour of two o'clock on the day upon expunged at the expense of such party. which it is required that the same shall be sent; and that the i
EXAMINATION. notice clerk himself, or some other of the sworn clerks of the 51. That all examinations before the Commissioners, or court, shall deliver into the General Post-Office copies of one of them upon reference to a single Commissioner, er the different notices, properly addressed, as before mention- ' before any examiner, shall be vivâ voce, unless the Coxed, previous to the usual time for closing the post-office for, missioner in any special case shall otherwise direct. receipt of letters to be despatched by the evening mail of 52. That whenever any witness shall be examined other. that day; and such clerk shall enter in a book, to be kept wise than viva voce, he shall be examined upon interroga. for that purpose, a memorandum or minute of his having tories which shall be previously lodged iu the office two days posted such notices, and there shall be endorsed at the foot prior to such examination, and copies of which interroga. or on the back of every notice or order that shall be brought tories may be taken out by all parties ; but in case of into the notice office, the name and address of every person emergency, the Commissioners, or one of them, may certify upon whom it is required that such notice or order shall be that the party examining should not be required to wait for served, and if an attorney, the name of the party for whom two days after the lodging of his interrogatories, before he is concerued.
commencing such examination, and in that case the esa. 46. That when ever the Commissoners shall appoint any mination may be proceeded with at such time as the Cornperson to act in the nature of guardian, or next friend, missioners, or one of them, shall certify to be proper; and to protect the rights of any infant, idiot, lunatic, or mar- when an examination shall take place out of Dublin, the ried woman, in any matter depending before them, the order party examining shall not be precluded from lodging with made by the Commissioners to that effect shall be served the examiner additional interrogatories, and examining the upon such person, and all notices and orders subsequently witnesses thereto, in case any matter shall come to the served upon such person shall be deemed to have been duly knowledge of such party or his attorney. subsequent to his served upon the party whose interests such person has been lodging his interrogatories originally in the office, but in so appointed to protect. But it shall be competent for any such case the party or his attorney must make an affidavit to person interested, or claiming to be interested, to apply to account for his not having lodged such additional interrogathe Commissioners to rescind or vary the order appointing tories originally in the office, and such party shall be bound such guardian, or next friend, or to have some other person to furnish a full and true copy of such additional interrogaappointed in his place.
tories to the opposite party at or prior to his lodging the 47. That when any person claiming to be interested shall same with the examiner. But this rule shall not extend to desire to be served with notice of the proceedings in any cross-interrogatories or to the cross-examination of sit. matter he shall be at liberty to enter an appearance in the nesses ; and it shall not be considered necessary to lodge in form or to the effect following:
the office, or to furnish copies to the opposite party, of cross“C, D, appears in this matter [stating the title of interrogatories to be exhibited to witnesses. the matter], for the purpose of being served with notice 53. That all witnesses examined, whether in Great Britain of all proceedings therein.
or Ireland, who shall not be examined viva voce, shall be ** Dated this day of
184 ." examined by such of the officers of the court as the ComAnd which notice must be signed by the party himself, or missioners shall appoiut for that purpose, and with respect his attorney, and some place stated therein where notices to all examinations that shall take place more than ten staare to be served on bim, or on his attorney; and thereupon tute miles from the General Post Office, Dublin, the officer the party entering such appearance shall be er titled, unless performing that duty shall receive, for each day upon which
he shall be actually engaged on that duty, such sum (in manner, and subject to such rules, as if such witness had addition to his yearly salary) as the Commissioners of Her been originally produced by him. Majesty's Treasury shall allow, and also his actual travelling 62. That any party interested in any matter shall be at charges, not including any allowance for his support, such liberty to examine any other party interested therein upon allowance and charges to be ascertained before the Com- such personal interrogatories as the Commissioners, or one missioners, upon the oath of the officer, and to be included of them, shall approve of, and such examination shall take amongst the incidental charges and expenses of the court, in place within such time as the Commissioners, or one of each quarterly account returned to the Commissioners of ihem, shall appoint; and the examination of any party on Her Majesty's Treasury. And it shall be competent for personal interrogatories shall be conducted in the same such person as the Commissioners shall so appoint for the manner as the examination of a witness before an examiner. examination of parties or witnesses, to administer all neces.
AFFIDAVITS. sary oaths to such parties and witnesses. But in no case shall it be necessary to issue any Commission for the exami- Commissioners, or any of them, or before any of their
63. That whenever any affidavit shall be made before the nation of parties or witnesses to the person so authorized to officers whom they shall authorize to take the same, such act as examiner
affidavit or affirmation shall not be returned to the party, 54. That when a party or witness shall be examined out but shall be filed in the proper office of the court. of Dublin, it shall be the duty of the examiner to be at the
64. That no affidavit shall be received in which there place appointed for the examination of such party or wit- shall appear to be either interlineation or erasure, unless ness, at the hour of eleven o'clock in the forenoon, at the such interlineation or erasure be noticed in the jurat of such latest, on each day, aud to be then ready to proceed with affidavit ; and the time when, and the place where, every such examination, and to continue in the discharge of such affidavit is sworn, shall be stated in the jurat thereof. duty till four o'clock in the afternoon ; and in case such examination shall not have been commenced at eleven City of Dublin shall be folded up in a proper cover, and
65. That every affidavit to be made elsewhere than in the o'clock, and continued till four o'clock, each day, such examiner shall state, on the dominical to be returned by him, sworn, with his seal, and endorsed and signed by him on the
sealed by the person before whom such affidavit shall be by whose delay or default it was that such examination was
outside, in manner following :not so commenced or continued
55. That all examiners shall take down the depositions of In the matter of the estate of parties and witnesses in the first person, and no party or
A. B., owner, &c., [as the The affidavit of X. Y., sworn witness shall be examined in Dublin, except before the Com case may be.]
before me on this missioners, or one of them, or at the usual public office of day of M. N. [stating what character the person the examiner, unless the Commissioners, or one of them, taking the affidavit fills-such as Master Extraordi. shall certify that such examination may be had at some other nary, or Commissioner for taking Affidavits for the place, to be mentioned in such certificate.
Court of Chancery, &c.] 56. That the Commissioners, if they shall think fit, on the And such cover shall not be opened, or the seal broken application of any party, shall make an order for the exami- until the same shall be delivered to the proper officer of the nation of any witness out of Great Britain and Ireland, court; but it shall be competent for the party making such before a person to be mentioned in such order, and the ex- affidavit to transmit the same by post, addressed to the seciepenses of such order and of executing the same shall be in tary, first paying the postage thereof. the discretion of the Commissioners; and the examination 66. That all affidavits, answers, and all other proceedings and cross-examination of such witness shall be subject to the that could be read and relied upon in any of the Superior rules applicable to the examination of a witness in Great Courts of Law and Equity, may be read and relied upon Britain or Ireland, unless the Commissioners shall otherwise before the Commissioners, subject to all just exceptions; direct.
and that copies thereof, purporting to be attested by the 57. That prior to any examination the Commissioners, or
proper officer, shall be considered as primâ facie evidence one of them, shall certify the day when publication shall thereof. pass, and unless the time so appointed for passing publica 67. That the Commissioners shall not be bound to reject tion shall be enlarged by the Commissioners, or one of them, any affidavit, by reason of any irregularity in the heading or publication shall pass on that day.
the jurat thereof, or by reason of non-compliance with any 58. That all parties claiming to be interested, in any of the preceding rules. matter before the Commissioners, and all witnesses, shall be
ORDERS. bound to answer all lawful questions; and in the event of
68. That whenever a party served with a conditional such parties or witnesses not fully or fairly answering the order shall file an affidavit
, or rely on any other matter same, whether upon viva voce examination, or upon inter
as cause against such order, and shall give notice thererogatories, shall be deemed guilty of a contempt of court.
of, and the party obtaining such conditional order, shall 59. That the examiner shall, at the instance of any party, not, within the time specified in such conditional order, or sign a notice specifying the time and place when and where within four days after the expiration thereof, serve notice of such examination shall be held, which notice shall be duly motion to make the same absolute, the party opposing such served on the opposite party, seven days at least before the order shall be entitled to have an office rule entered, allowday named for commencing the examination, if in Ireland, ing the cause shown as an authority for taxing the costs of and fourteen days before commencing the examination, out resisting such conditional order; and such costs shall be of Ireland.
taxed accordingly: and upon the entering such office rule, 60. That all interrogatories shall be conveniently distin. and not before, the cause shall be deemed to be allowed. guished and numbered, and a copy of all direct interrogato
69. That in case of disobedience of any order made by ries shall be left with the examiner two days before they shall the Commissioners, a writ of attachment, in the form to be be administered to any witness.
hereafter settled by them, shall issue against the party so in 61. That at least four days before the direct examination default or disobeying the order of the court; and all sheof any witness by either party, a notice shall be duly served riffs and other officers charged with the execution of like on the opposite party, describing such witness by name, writs, issuing out of the Court of Chancery in Ireland, shall place of residence, and addition, and specifying, by the num
be bound duly to execute the same. bers thereof, the interrogatories which are to be adminis
70. That the Commissioners shall, in case they think fit, tered to such witness; and the interrogatories to be admin- in order to enforce obedience to their orders, cause a writ istered for the cross-examination of any witness shall be con of sequestration to issue against any party in default, such fined to matters affecting the credit of such witness, ortending writ to be in the form to be hereafter approved of by the to discredit, to explain, or to qualify the evidence which he Commissiouers; and such writ of sequestration
shall be exemay have given on his direct examination ; but it shall be cuted in like manner as writs of sequestration issuing out of competent for a party cross-examining a witness, to admin the Court of Chancery in Ireland may now be executed. ister direct interrogatories also to such witness, in like
79. That the Governor and Company of the Bank of 71. That all costs incurred in proceedings before the Ireland shall not transfer stock, or pay money, standing to Commissioners, or in relation thereto, shall be taxable upon the credit of any matter, without an order of the court, un the requisition of any party (without any order referring the der their seal, and signed by two of the Commissioners same for taxation) by such officer of the court as the Com 80. That in order to provide against the accumulation of missioners shall from time to time appoint for that purpose ; accounts for sums under six-pence, m all cases where a and it shall be the duty of such officer, if any difficulty shall fractional part of six-pence may occur in dividing sums in arise upon the taxation of such costs, to consult the Com cash or stock, or may remain, after payment out of all other missioners, or one
of them, in regard thereto. And it shall funds, as the sole balance, the Commissioners may pay of be lawful for any party dissatisfied with such taxation, to ap transfer the same, not exceeding six-pence, to the parties ply to the Commissioners by way of appeal from such tax: in such manner as shall appear most convenient for closing ation. But unless notice of such application shall be lodged finally such account; and that where an allocation or order for service within two days after such costs shall be certified shall be made for any fraction under one penny, the Come by the officer appointed to tax the same, the taxation thereof missioners may draw without regard to such fraction. shall be conclusive upon all parties, unless the Commission 81. That in any case in which an order shall direct the ers, upon special grounds, shall otherwise order.
dividends of stock to be invested from time to time, the 72. That the officer appointed to tax costs, shall be at officer of the court shall give a schedule and notice thereof liberty to tax costs incurred in proceedings before the Com- to the broker, who shall accordingly invest such dividends at missioners, or in relation thereto, between attorney and client, the end of each half year, deducting therefrom his lawful without any rule or order for that purpose, and it shall be commission ; and thereupon the Commissioners shall dias his duty so to do, upon the requisition of the client. in favour of such broker for the sum so invested,
73. That in all cases of costs, whether between party and 82. That the broker, in figuring valuations of stock under party, or attorney and client, it shall be competent for the any money order, shall not charge more than five shillings party against whom such costs are claimed, to offer by no- for the first valuation, and two
shillings for every subsequent tice a sum in gross in lieu of such costs. And if the party valuation; and shall, on the first day of January, and first entitled to such costs shall agree to accept of such sum, the day of July, in every year, certify to the Commissioners officer appointed for the taxation of costs shall certify what has been received by him for such valuations during the sum specified in such notice, as the sum to which the preceding six months. he has ascertained such costs; but in case the party 83. That in any case in which any stock shall have been entitled to such costs shall refuse to agree to such no allocated to, and afterwards ordered to be transferred to any tice, and shall thereby render it necessary to have such person, the Commissioners shall draw in his favour for the costs taxed, and the same shall be taxed to less than the sum dividends (if any) received, subsequent to such allocation. 80 offered by such notice, the party entitled to such costs 84. That whenever any order shall be made for the pur. shall be charged with the expenses of such taxation, and the chase of stock with money standing to the credit of the same shall be ascertained by the officer and deducted from Commissioners, the price shall not be paid to the broker the amount of such costs, or an office rule may be obtained until he shall have transferred to the Commissioners, stock for the payment of the same, in case the sum due on such equal in value to the money to be invested, deducting his costs shall not be sufficient to cover the amount of such lawful commission, and shall have produced the certifcate expenses.
of the proper officer of the Bank of Ireland to that effect
, 74. That in any case in which the court shall award costs unless the Commissioners shall, under special circumstances
, to any party, it shall be optional with the court, either to re-otherwise direct. fer the costs to be taxed, or by the order to direct pay 85. That whenever an order shall be made for the sale of ment of a sum in gross in lieu of taxed costs, and also to stock standing in the names of the Commissioners
, the same direct by, and to whom, such sum in gross shall be paid. shall not be transferred until the broker shall have lodged in
75. That in any case in which costs are directed to be bank, to the credit of the Commissioners, the price thereof, paid by any order, and the same shall be subsequently taxed deducting his lawful commission, and shall have produced or ascertained, the party entitled to such costs may, upon the certificate of the proper officer of the Bank of Ireland production of the said order, and the officer's certificate of to that effect, unless the Commissioners shall
, under special the amount thereof, have an office rule entered for the pay- circumstances, otherwise direct. ment of the same. 76. That all bills of costs, whether between attorney and
SCHEDULE OF Fees. client, or party and party, when taxed, shall be retained in Instructions to Proceed the office; and at the end of every term, all such bills of Instructions for Affidavit
6 8 costs taxed since the previous term, shall be bound up in Instructions for Affidavit to verify Undisputed Claim 6 8 one or more volumes, with proper indexes, and to that end Term Fee for Party having the Carriage of the Suit, the costs for taxation shall be written on post paper, book or for the Owner, only once
210 wise, with a sufficient margin ; and in taxing any subsequent Entering an Appearance, and all Attendance in recosts in the same cause or matter, regard shall be had to the lation thereto preceding bills, so as to ascertain that none of the items Term Fee for other Parties, only once charged were included in any previous bill; but no inspec- Writing Letter, Signing, and Entry tion shall be given of any bills of costs lodged in the office If several of the same Import, in Nature of a Cirbetween attorney and client, except to the attorney or client, cular, for the First or their respective agents, without the special order of the For each subsequent one, or Copy court.
Reading Letter containing Instructions 77. That on the taxation of costs, no sum shall be allowed Signing any Document requiring Signature for the attendance of counsel, on a reference before a Com- Attending on Client not exceeding One Hour missioner, unless such Commissioner shall have entered in For each subsequent Hour ... his book his approbation of the attendance of such coun- For each Day Cause or Motion in Day List, and not sel.
at Hearing .. MONEY AND STOCK.
Each Day it is at Hearing ... 78. That when any stock shall stand in the Bank of Ire [Not to be allowed unless a competent person atland, to the credit of the Commissioners, the Governor and tends, acquainted with the facts and proceedings Company of the Bank of Ireland shall from time to time in the Cause, and having the proper documents receive the dividends arising therefrom, and furnish to the in readiness.] Commissioners a schedule signed by the proper officer of Fee on each Office Rule the Bank of Ireland, containing all sums of money received Filing a Notice Order, or Marking the Names of by them for such dividends, specifying in what matter and the Parties on whom it is to be served, and ataccount each sum is received."
tending with it at the Notice Office
For each Copy, including Postage Stamp and En for sale of Incumbered Estates in Ireland," and shall be
10 entitled to the effect following:Attendance on Counsel, with Brief or Case
6 8 "In the matter of the estate of A. B. of (naming the For all Attendances to Lodge Money in Bank, in
owner."] cluding the procuring of the Order and returning And shall commence as follows:the Receipt to Court
20 0 “ The petition of J. D. of an owner of land (or an For Drawing Money, obtaining Order, and returning
incumbrancer on land, as the case may be."] Receipt
200And all subsequent proceedings shall be entitled to the effect On appointment of New Solicitor for Reading following :Documents, Proceedings, and Rules
20 0 “ In the matter of the estate of A. B., owner and petiPerusing and Abstracting Deeds Preparatory to
tioner for in the matter of the estate of A. B. owner, and Drawing Statement of Title, for each Skin of
of E. F. petitioner, as the case may be."] Fifteen Office Sheets of Ninety words each 3 0 But in case of the death, or transmission, or change of The concluding Fraction of a Skin ...
3 0 interest, of such owner or petitioner, the name of the perDrawing any Document to be Filed in Court, not son in regard to whom such proceedings shall be continued otherwise provided for, per Skin ...
15 0 in place and stead of such original party, shall also be stated The last Fraction to be deemed a Skin
in the title of all such subsequent proceedings in the manner Fair Copy of any Document or Statement of Title, or to the effect following :if under Six Folios of Ninety Words each
1 6 “In the matter of the estate of A. B., owner and petiFor each succeeding Folio of Ninety Words 03 tioner, now deceased (or otherwise as the case may be] For the Solicitor who obtains any Order of Court,
and of C. D. [stating his character in reference to the taking out same, Attendance included
6 8 original party, whether heir, devisee, or personal repre. Draft Petition for Sale, Enchange, &c., and copy
sentative, assignee, gc”] thereof
42 0 or otherwise :Abstract lodged therewith, per Folio
03 “In the matter of the estate of A. B., owner, and of Schedules attached to Petition ; for each Denomina
C. D. petitioner, now deceased (or otherwise as the case tion of Land Incumbrance or Lease
may be,) and of E. F. [stating his character in reference [No addititional charge to be allowed for any
to the original petitioner, as the case may be."] amendment that may be made in Abstract or
And in case of the death, or transmission, or change of Petition.]
interest, of such added party; then substituting for such For any Claim of Lease or Agreement on behalf of
firstly added party, the name of the new party in regard to a Tenant, including Attendance
200whom such proceedings shall be still continued. For Copy of Lease or Agreement, Signed by Ten
Any party presenting a petition shall be bound to bring ant, per Folio
0 3 in, and lodge at the same time, a fair copy of such petition, For Preparing Schedule of Incumbrances, after Ab
for the use of the conrt. solute Order for Sale, for each Incumbrance 5 0
If a petition is signed by counsel, it will be his duty to see For Preparing Copy of Advertisement
6 8 that the petition and schedules are justified by the abstract, For each Newspaper in which same is inserted, ex and that the abstract is drawn in a fair and concise form,
clusive of Charges by Proprietor of Newspaper... 3 4 No costs will be allowed, without the special order of the Copy of Costs, each Item
Commissioners, for any amendment to the petition, scheAttending on Taxation, including Perusal and In
dules, or abstract; but if such amendments shall be made structions, each Item
O by a different attorney, he shall be allowed his reasonable Copy of Brief for Counsel, per Folio of Ninety costs, which shall be deducted from the costs allowed to the Words
0 3 attorney for preparing the petition and abstract, unless the Notice of Examination of each Witness
6 8 Commissioners shall otherwise direct. If the party who Attending on Witness in Town
presents the petition gives the secretary, at the same time, Attending with Witness to Examination
a stamped envelope, entitled in the matter, and addressed On Search in the Registry Office for each Head to himself, he will receive notice when the petition is fiated,
Denomination of land, for each Ten years, or and may thus avoid the trouble of calling at the office. fraction of Ten Years
In every petition, the petitioner shall state whether he Fee on Search, for each Person searched against, for knows, or has reason to suppose that any person interested each Ten Years, or fraction of Ten Years
6 8 in the premises to which the petition relates, is an infant, Fee for every Negative Search by Officer ... 12 6 idiot, lunatic, or married woman; and if so, he shall state, Draft Requisition for Search, per Folio of Ninety so far as he is able, the names and addresses of the guardian Words
or committee of the estate and person, or husband, of any [The like fees for searches in any public office,
such person. when directed by the Court.]
FORM.-Petition for sale by an owner. Drawing Deed of Conveyance, per Skin
In the matter of the Estate To the Commissioners for Engrossing same, per Skin
of William Howard, of Sale of Incumbered Es[Each skin to contain fifteen folios of ninety
Ballinderry, in the co. of tates in Ireland. words each. ]
Cork. For any business not specified above, the same Fee
The petition of William Howard, an owner of land. as allowed for similar business in the Court of
That he is owner, as tenant in fee, of the premises desThe above Pees are to be exclusive of all Disburse
cribed in the first part of the first schedule hereunto annexed, ments, except for Clerks, Stationery, and Scri
under the title set forth in the abstract accompanying this Feners' Work.
petition, and that he is in possession and receipt of the rents In the Preparation of Documents, Fees to Counsel
and profits of the whole thereof, under his said title, since allowed on Perusing and Settling Draft Petition,
the 1st of January, 1835. Interrogatories, Cross Interrogatories, and Con.
That he is owner, as tenant for his life, of the premises vegance.
described in the second part of the first schedule hereunto Submitted to the Privy Council for their approbation, annexed, under the title set forth in the abstract accompanySeptember 18, 1849.
ing this petition; and that on the 15th of June, 1830, he S. WOULFE FLANAGAN, Sec.
entered into possession and receipt of the rents and profits
thereof, and is still in receipt of the rents and profits of FORMS AND DIRECTIONS
every portion thereof, except the lands of Ballintoye and
Garranebeg. Alt petitions shall be addressed to “The Commissioners
That William Johnson, of the city of Dublin, entered