execution of such conveyance or assignment, or the making of such order respectively, has been made, given, and done by the person authorized to make, give, and do the same; and no such conveyance, assignment, or order shall be impeached by reason of any informality therein. 50. And be it enacted, that the Commissioners shall not be subject to be restrained in the execution of their powers under this act, nor shall any person be restrained from making application under this act to the Commissioners, or doing any other act or giving any consent under the provisions of this act, by order or injunction of a Court of Equity, or by writ of prohibition, nor shall the Commissioners be required by writ of mandamus to do any act or take any proceeding under this act, nor shall proceedings before them be removable by certiorari; and the Commissioners shall not, nor shall any of them, nor shall any person acting under the order or authority of them or any of them, be liable to any action, suit, or proceeding for or in respect of any act or matter bonâ fide done or omitted by them respectively in the exercise or supposed exercise of the powers of this act. 51. And be it enacted, that it shall be lawful for the Commissioners to review and rescind or vary any order which shall have been previously made by them, but, save as aforesaid and as herein-after provided, every order of the Commissioners shall be final: provided always, that where the Commissioners allow appeal, but not otherwise, appeal against any order of the Commissioners may be made to the Privy Council of Ireland within one calendar month from the making of the order appealed against, and such appeal shall be heard and reported on by members of the Privy Council, to be appointed by such judicial committee of the said Privy Council as herein-after mentioned, and the orders of the said Privy Council in relation to such appeal shall be made according to the reports of such judicial committee, and the order of the said Privy Council on the appeal shall be final. 52. And be it enacted, that the judicial committee hereinbefore referred to shall consist of the Lord High Chancellor of Ireland for the time being, and such of the members of the said Privy Council as shall from time to time hold any of the following offices in Ireland; that is to say, the office of Lord Keeper or First Lord Commissioner of the Great Seal of Ireland, Lord Chief Justice or Judge of the Court of Queen's Bench, Master of the Rolls, Lord Chief Justice or Judge of the Court of Common Pleas, Lord Chief Baron or Baron of the Court of Exchequer, and Judge or Commissary of Her Majesty's Court of Prerogative for Causes Ecclesiastical and Court of Faculties in and throughout Ireland, and of all persons members of the said Privy Council who shall have held the office of Lord Chancellor of Ireland, or any of the other offices herein-before mentioned, and of such other persons not exceeding four in number, being Privy Councillors in Ireland, as the Lord Lieutenant or other chief governor or governors for the time being of Ireland shall appoint to be members of such committee; and no such appeal as aforesaid shall be heard or reported on by the said judicial cominittee unless in the presence of at least four members of the said committee; and no report on such appeal shall be made unless a majority of the members of such committee present at the hearing concur in such report. 53. And be it enacted that every person who upon examination upon oath, affirmation, or declaration before the Commissioners or any of them, or any person appointed and authorized under this act by the Commissioners to admiister such oath, affirmation, or declaration, shall wilfully give false evidence, and every person who shall wilfully swear affirm, or declare falsely in any affidavit authorized under this act to be received in evidence by the Commissioners, shall be liable to the pains and penalties of perjury. 5. And it he enacted, that in the construction of this act (except where the context or other provisions of the act require a different construction) the word Land" shall extend to manors, advowsons, rectories, messuages, lands, tenements, rents, and hereditaments of any tenure, whether subject to any fee farm or other perpetual rent, with or without condition of re-entry for securing the same, or other any wise, and whether corporeal or incorporeal, and any undi. vided share thereof; and the word "estate" shall extend to an estate in equity as well as at law, and to an equity of redemption, and to the benefit of any covenant or contract for or right of renewal: and the word "Lease" shall incluce an agreement for a lease, and the estate or interest created or agreed to be created by such lease or agreement in the whole or any part of the land therein comprised; and the expression "lease in perpetuity" shall mean any lease or grant for one or more life or lives, with or without a term of years, or for years determinable on one or more life or lives, or for years absolute, with a covenant or agreement in any of such cases, whether in the same or in any other instru ment, for the perpetual renewal of such lease or grant, whether such lease shall be derived out of the inheritance or by way of under lease out of any lease or other estate; and the expression "church or college lease" shall include any lease by any archbishop, bishop, dean, or dean and chapter, or other ecclesiastical corporation, sole or aggregate, or by the College of the Holy and Undivided Trinity near Dub lin, or by the Ecclesiastical Commissioners for Ireland, where a fine has been paid on the grant of such lease; and the word "incumbrance" shall mean any legal or equitable mortgage in fee, or for any less estate, and also any money secured by a trust, or by judgment, decree, or order of superior court of law or equity duly registered, and also any legacy, portion, lien, or other charge, whereby a gross sum of money is secured to be paid on an event or at a time cer. tain, and also any annual or periodical charge which by the instrument creating the same, or by any other instrument, ia made repurchasable on payment of a gross sum of money, and also any arrear remaining unpaid of any annual or periodical charge, for payment of which arrear a sale of any land charged therewith might be decreed by a court of equity; and the word "incumbrancer" shall mean any person entitled to such incumbrance, or entitled to require the par ment or discharge thereof; and the word "possession" shall include the receipt of the rents and profits; and the word "owner" as applied to any land, shall include any person entitled in possession in fee simple or in tail, or quasi in tail, and any person entitled in possession for a life or lives, or for a term of years determinable on the dropping of any life or lives, or for a term of years of which not less than ninety-nine years are unexpired, not being a lessee at a rent, and also any person entitled in possession as tenant by the curtesy, whether at law or in equity, and any person entitled in possession, whether in fee or for any lesser estate as aforesaid, to the equity of redemption in any land, or to the land subject to any incumbrance, or a trust for the payment of any incumbrance, and any feoffees or trustees for charitable or other purposes, entitled in possession; and the word owner" as applied to a lease in perpetuity or other lease, sball include any person entitled in possession to the land com prised in such lease for the whole estate created or agreed to be created by such lease, or for any derivative estate (created by settlement, or testamentary or other disposition thereof), quasi in tail, or for a life or lives, or for years determinable on the dropping of a life or lives, or for years of which not less than fifty years are unexpired, not being an under lease at a rent derived out of such lease, and any person entitled in possession, for such whole estate or such derivative estate as aforesaid, to the equity of redemption in such lease, or to such lease subject to any incumbrance, or a trust for the payment of any incumbrance: and the word person" and the word "owner" shall extend to a body politic or corporate as well as to an individual; the word "Commissioners' shall mean "the Commissioners for sale of Incumbered Estates in Ireland;" the expression "the Commissioners of Her Majesty's Treasury" shall mean such Commissioners for the time being or any three of them, or the Lord High Treasurer for the time being; and every word importing the singular number only shall extend to several persons or things, and every word Importing the plural number shall apply to one person or thing; and every word importing the masculine gender only shall extend to female. 55. And be it enacted, that this act shall, except so far as the special provisions of the same otherwise require, extend only to Ireland, and may be amended or repealed by any the public convenience; but they may resume such sittings act to be passed in this session of parliament. SCHEDULE. Form of conveyance on sales by the Commissioners (which may be used with such variations as the circumstances may to the Commissioners to require). appear WE two of the Commissioners for sale of Incumbered Estates in Ireland, under the authority of an act passed in the year of the reign of Queen Victoria, intituled [here set forth the title of this act], in consideration of the sum of by E. F. of &c., paid into the Bank of Ireland to our account to the credit of do grant unto the said E. F. all [here describe the premises to be sold], to hold the same unto the said E. F., his heirs and assigns, [or, in the case of a chattel interest in a lease, his executors, administrators, and assigns,] for ever, [or for the unexpired term created by a certain lease, describing the lease, as the case may be], subject to [here specify, where the sale is made subject thereto, the tenancies, leases, under leases, or charge, either by reference to a schedule or otherwise]. In witness whereof we the said A. B. and C. D. have hereunto set our hands and the seal of the said Commissioners, this day of in the year of our Lord A. B. C. D. [Seal of the Commission.] GENERAL RULES. IT is this day ordered by the Right Honourable John Richards, one of the Barons of Her Majesty's Court of Exchequer in Ireland, Mountifort Longfield, LL.D., and Charles James Hargreave, Esq., being the Commissioners for sale of incumbered estates in Ireland, pursuant to the statute in that case made and provided, that the following general rules and orders shall take effect and be binding in relation to all proceedings to be hereafter had or taken under and in pursuance of the provisions of an act passed in the session holden in the 12th and 13th years of the reign of Her Ma jesty Queen Victoria, chap. 77, entitled An Act further to facilitate the sale and transfer of incumbered estates in Ireland": 1. That in the construction of any general rules or orders made by the Commissioners, the words and phrases to which a particular or extended meaning is assigned by the 54th section of the act shall, when used in such rules or orders, be understood to bear such particular or extended meaning, except where the context or other provisions of the rules require a different construction; and the word “affidavit "shall include an affirmation or declaration made by any person who by law is empowered to give evidence by affirmation or declaration in lieu of oath; and that when time is to be computed by days, it shall be exclusive of Sundays, and the ho lidays in the next succeeding rule stated, and when it is to be computed by the month, it shall be construed calendar month, and in all cases it shall be exclusive of the first, and inclusive of the last day, unless the last day be one of such holidays, when the following day shall be included. 2. That the Commissioners may adjourn their sittings from one day to the next, or to any other day they may think expedient, having regard to the state of their business and again for the despatch of business on any day or days during the interval of any such adjournment, should they find it necessary so to do; and the several offices of the court shall be open for business upon all days of the year, except on Sundays, Christmas Day, and the three days next after Christmas Day, New Year's Day, Good Friday, and Easter Monday and Tuesday; and shall continue open for the despatch of businesss from ten until four o'clock each day during the period appointed for the sittings of the court, and from twelve until three o'clock on all other days; and the officers and clerks belonging thereto respectively, shall attend in such offices in the discharge of their several duties during the periods above mentioned, unless otherwise engaged in the business of the court, or unless prevented by sickness, or other unavoidable cause, or allowed leave of absence by the court. 3. That an entry be made in the office, in a book to be kept for that purpose, of every matter depending in the court, with a proper index, for the purpose of reference; and whenever a petition shall be presented by a party who is not the owner, the name of the owner, as well as the petitioner, shall be inserted in the index to such book, in order that the proceedings pending in the court, may be the more easily searched for and ascertained; and that all orders and rules made by the Commissioners shall be entered in a book to be called the Rule Book." 4. That all attested copies of petitions, affidavits, and other documents, in the offices of the court shall be written on foolscap paper, bookwise, and shall contain three folios of ninety words in each page; and all copies shall be attested by the secretary or a chief clerk, whether such copies be brought in for attestation, or be made out in the office, and when it is required that the common seal of the Commissioners shall be affixed to any document, the same shall be done by the secretary, or by such other persons as the court shall from time to time appoint for that purpose. 5. That proceedings under this act shall be commenced by petition, to be addressed and framed according to the forms to be approved of by the Commissioners; and every such petition shall be signed by the petitioner or his attorney, and shall be accompanied by an affidavit verifying the ma terial facts therein. 6. That every person presenting a petition to the Commissioners, otherwise than through the agency of an attor ney, shall state some place at foot thereof, within the City of Dublin, where notices and orders may be served on him; and such party, or in case of his death or transmission of his interest, the party claiming in his right may from time to time change such place of address, and substitute some other place within the City of Dublin for the like purpose. 7. That after a petition is filed, the secretary, or such other officer as the Commissioners shall from time to time, for that purpose appoint, shall, on the application of any party interested, give a certificate that such petition has been filed, in order that the matter may be registered as a lis pendens. 8. That on every petition for a sale, an order shall be made by the Commissioners, either dismissing the petition, or referring it for inquiry to one of the Commissioners, or granting a conditional order for a sale, stating therein by with such order, and the time within which cause against name or general description, the parties who must be served such order must be shown; but the petitioner, if he be dissatisfied with the fiat of the Commissioners, may, by notice left in the office, require that the matter of his petition may be moved in court. 9. That in any case in which a party shall seek to show cause against, or to set aside any order made by the Commissioners, he shall lodge a notice to that effect in the office, and state at foot, or on the back thereof, upon what party he requires such notice to be served and the subject matter of such notice shall come on to be heard in due course before the Commissioners; and the Commissioners, on the hearing of such matter, shall make an order to vary, or to discharge the order already pronounced, or to direct a re ference to one of the Commissioners, or make such other order as they shall think fit, and may order the whole, or any portion of the costs, up to and including the hearing of such matter. to be paid by such of the parties as they shall think properly liable thereto. 10. That, if the owner shall rely upon the provisions of the 22nd section of the Act, in opposition to a sale, he shall file an affidavit containing all the particulars required by that section; and also stating, as nearly as he can, how much has been received during each of the seven years immediately preceding the presentation of the petition for the rent and arrears of rent, of all the premises subject to the incumbrance of the petitioner, and how much has become due during that period for tithe rent-charge, poors' rate, and county cess. 11. That when an absolute order for a sale shall be pro. nounced, the Commissioners may, if they shall think it necessary, require the owner, and all other persons, to produce to, or lodge with, the Commissioners, on oath, all deeds, books, papers, documents, and writings in their possession, custody, or power respectively, relating to the premises ordered to be sold, and to the charges thereon, and to do all such other acts, and furnish such information within the authority of the Commissioners, to direct as may be necessary to enable the Commissioners to sell the premises to the best advantage. 12. That the statements in any petition shall not constitute an admission of the validity of any claim stated therein or of any particular sum being due in respect of any incumbrance, save claims and sums expressly admitted by the peti tioner. 13. That on the order for a sale being made absolute, a notice shall be circulated among the tenantry or persons residing on the property, according to a printed form to be approved by the Commissioners, specifying the tenancies, leases, and agreements which are admitted, and calling upon all parties who have claims for other tenancies, leases, or agreements not specified, or who consider that the terms of their tenancies, leases, or agreements are incorrectly stated, to come forward, and apply for an amendment of the order in this behalf. But this rule shall not be construed as rendering it necessary to serve every tenant, or every person residing on the property, or claiming to be interested therein, with such notice. 14. That if any person shall claim to be entitled to any lease or agreement other than those which are admitted, he shall lodge in the office, the particulars of such claim, accompanied by an affidavit that he believes the same to be just and true, and (if he does not appear by attorney) stating the address to which notices and orders may be served on him; and the Commissioners shall thereupon make an order, either allowing his claim in the whole or in part, or calling upon him to sustain it by sufficient evidence, or such other order as may meet the merits of the case. SALE AND CONVEYANCE. 15. That, if upon a sale by auction, the highest price offered for any lot be, in the opinion of the Commissioners, clearly inadequate, they shall be at liberty to adjourn the sale of that lot to a future day; and no sale of any lot shall be deemed to have been made until the amount of deposit (if any) required by the conditions of sale shall have been actually paid in the manner prescribed by such conditions. 16. That immediately after a sale, whether by public auction or private contract, the purchaser shall obtain a certificate under the seal of the Commissioners, that he is the purchaser, thereby authorizing him to pay the amount of his purchase money, into the Bank of Ireland, to the account of the Commissioners, to the credit of the estate of A. B. of, &c., [as the case may be,] and shall procure the notification by the bank to the Commissioners of the receipt of the money; and no sale shall be opened merely by reason of any advance being made upon the biddings or price. 17. That in any case in which it shall appear to the Commissioners that any premises can be sold by auction to better advantage out of Dublin, the Commissioners may direct that the biddings shall be made at such place, and before such persou, as they shall for that purpose appoint, and thereupon such biddings shall be had accordingly, and shall be returned to the Commissioners, who shall declare the highest bidder the purchaser, unless the highest sum offered shall be, in the opinion of the Commissioners, clearly inade quate, or unless the Commissioners shall see good cause against confirming the sale. 18. That, the conveyance or assignment of all premises sold by the Commissioners, shall be prepared by and at the expense of the purchaser, and the draft thereof shall be ap proved of by the Commissioners, or by the Commissioner, to whom the matter is referred It shall specify the tenan cies (if any) subject to which the sale is made, and any ap portionment of rent between the purchaser and the proprie tor of other lands demised with the lands sold or any part thereof, and any rents or incumbrances remaining charged upon the property or any part thereof in the hands of the purchaser; and the Commissioners shall, when necessary, ascertain and define the relative rights of the purchaser and the prior possessor with respect to any crops on the land. 19. That the Commissioners, whenever they shall think fit, may dispense with the personal service of notice upon any of the tenants to the lands who may be required to attorn, and may direct that such notice shall be given to such tenants, either by posting the same on some conspicuous place on or near the lands, or by advertizing the same in one or more newspapers, or transmitting the same notice through the Post Office, or otherwise, as to the Commis. sioners shall seem proper. 20. That the duplicates, or counterparts of leases, where they exist, and can be had, or other evidences of the tenan cies subject to which the sale is made shall be delivered to the purchaser, except where they relate also to other lands, in which case copies shall be delivered to him. 21. That the Commissioners may require and compel all persons claiming to be tenants to produce the leases or agreements, or other instruments under which they so claim, and to give copies thereof. 22. That in case the purchase money and any interest which may have accrued upon it under the terms of the sale or by law shall not be paid into the bank within fourteen days after the sale, any party to the proceedings may procure an order for payment; or the Commissioners may make such order without any special application, or may, if they think proper, re-sell the property, and the expenses incident to such re-sale, together with the deficiency, if any, in the price obtained below the former price, shall be paid forthwith by the purchaser at the former sale, for which payment, the deposit (if any) shall be a guarantee; but he shall not be entitled to the benefit of any excess in the price, which may be obtained at the latter sale. DISTRIBUTION OF THE PURCHASE MONEY. 23. That, when the absolute order for a sale shall be pronounced, advertisements shall be published in a Dublin news. paper, and in one or more local newspapers, and such other newspapers as the Commissioners shall direct, giving notice of such order, and calling upon all claimants of estates, interests, or incumbrances in or upon the premises ordered to be sold, to come forward and establish their several claims and demands. 24. That when the absolute order for a sale shall be pronounced, the Commissioners, or in case of a reference to one Commissioner, such one Commissioner shall direct what further information shall be procured respecting the title of all parties to the premises, and to the incumbrances affecting the same, and what searches or further searches should be made in relation thereto, and such person as they or he shall direct, shall forthwith proceed to make out a full title to the premises, including charges and incumbrances thereon, and shall prove and verify the same in such manner as the Com missioners, or such one Commissioner, shall direct sale itself shall not be delayed by the proceedin this and the preceding rule, unless the Commission see cause for deferring such sale. but the 25. That the costs chargeable against the fund pad. by a sale shall be, first, such costs of, and consequen the application for the order for sale, as the Commissioners shall think fit to allow; secondly, the expense of, and incidental to the sale: thirdly, the costs awarded to any tenant who shall establish a claim for a lease or agreement not set forth in the schedules given by the owner of the land, ex cept such part of the last-mentioned costs as shall be actually recovered under the order of the Commissioners from the owner or person who shall have contested such claim; and the Commissioners may direct the owner or other person contesting such claim to reimburse the fund in any costs awarded to the tenant establishing his claim, and paid to him out of the funds in court, provided that nothing herein contained shall preclude the Commissioners from giving costs to an owner not being the petitioner or party having the carriage of the proceedings in any case in which it shall appear to be just and reasonable that such owner should be allowed 27. That a schedule of incumbrances shall be prepared by the Commissioners, or one of them, or such of their officers as they shall appoint, according to their several priorities, with the sums due on each for principal, interest, and costs respectively, and in case of an annuity, for arrears and costs: and when such schedule shall be filed, notice thereof shall be given in a Dublin newspaper and in a local newspaper, and such other newspapers as the Commissioners shall direct, and if the Commissioners shall consider it necessary, notice shall also be specially given to the incumbrancers and other parties interested in the premises, or their attorneys; and if no party interested shall file an objection thereto, within such time as the Commissioners shall appoint for that purpose, the same shall stand confirmed without further order, and all parties shall be bound thereby, so far as relates to the money produced by the sale of the premises, in respect of which such schedule shall be made, unless the Commissioners shall, on special application, make an order to the contrary. 28 That any party may file an objection to the schedule of incumbrances, within the time specified under the last preceding rule, and shall briefly state therein the grounds of his objection, and such objection shall be heard and dealt with by the Commissioners in such manner as they shall think fit. 29. That after the schedule of incumbrances shall be confirmed, and if the Commissioners shall think the funds may be safely distributed, one of the Commissioners shall allocate the stock and funds in court (computing the value of the stock at the price of the day of such allocation) among the several incumbrancers and parties entitled, according to their priorities; and such allocation, so far as it may extend, shall be deemed payment of such incumbrances so that they shall cease to bear interest, and the owner of the incumbrance shall be entitled to the dividends on the stock, and shall be liable to all the consequences of its fall or rise in price, but such Commissioner shall not be bound to make any allocation of stock or funds in part payment of an incumbrance, unless the incumbrancer consents to such allocation. 30. That the Commissioners may, before such schedule as aforesaid shall be finally settled, upon the application of any person who shall be the first or an early incumbrancer, and whose claim shall appear to be valid, order payment to such incumbrancer of the amount claimed by him, or any part thereof, if it shall appear to the Commissiouers that such order may be made with safety to all parties; but the costs of such application shall not be allowed on taxation against the fund, unless in the order pronounced by the Commissioners they shall award the costs thereof to such incumbrancer. 31. That when stock or money is allocated to trustees, the Commissioners may refuse to order a transfer or payment thereof to be made to them, unless the full number of trustees shall exist according to the provisions of the instrument creating the trust. 32. That the fund allocated to any party shall not be transferred or paid over to him, until he shall have verified his title thereto as the Commissioners shall direct. 33. That the Commissioners shall not draw in favour of, or transfer stock to, any person in payment of a legacy, until the person entitled to such payment shall produce a certificate from the proper officer, of the payment of the legacy duty, if any payable in respect thereof; but the Commissioners may, with the consent of such person, draw in favour of, or transfer to, the proper officer authorized to receive the same, the amount of such duty. 34. The Commissioners may, in any special case, order the payment of money or transfer of stock to any person upon his giving such security as shall be approved of by the Commissioners, to abide any order which the Commissioners may make in regard thereto. 35. That notice, in writing, of any assignment, charge, or other disposition of any funds in the hands of the Commissioners, or of the interest of any person therein, must be lodged in the office, stating particularly the fund to which the same relates, and the name of the person whose interest therein is affected, and the name of the party so claiming to be interested in such charge, and some place in Great Britain and Ireland where notice may be served upon such party or his attorney. PROCEEDINGS FOR AN APPORTIONMENT OF RENT. 36. That when it is proposed to sell a part only of any lease, any person interested may apply to the Commissioners for an apportionment of the rent reserved by such lease; and notice of such proposed apportionment shall be given to the landlord and to the owner of the remainder of the land included in the lease; and such landlord or owner may lodge in the office a notice of his intention to oppose such apportionment; in which case the matter shall be heard and determined by the Commissioners. 37. That an application for apportionment may be included in a petition for sale. PROCEEDINGS FOR A PARTITION. 38. That when an application for a partition is presented under the 43rd section of the act, the Commissioners Ishall direct what notices shall be served, and on whom, and shall direct advertisements to be published in at least one Dublin newspaper and one local newspaper, calling on all parties interested to serve notice of objections, (if any they have to a partition) before a certain day therein to be named, and on the day named in such advertisement, or as soon after as may be convenient, the Commissioners shall hear the said application, and if no objection shall be substantiated, will issue an order to one or more surveyor or surveyors to make a report according to instructions to be contained in such order, and as soon as the report of the surveyor or surveyors shall be returned to the Commissioners, they shall name a day on which a partition shall be made, unless in the meantime a notice of objection shall be served on behalf of some interested party, in which case the Commissioners shall hear all parties who require to be heard, and examine the proceedings, and make a partition, or such other order thereon as may appear to them to be proper. 39. That application for a partition, under the 43rd section of the act, may be either included in an original petition for a sale, or made by supplemental petition referring to the former petition, and to the proceedings thereon. 40. That the costs properly incurred in proceedings for a partition, including the costs of the survey and advertisements, shall be borne by the owners of the estate in proportion to their respective shares; and the amount paid by any owner having a limited interest, shall be a charge in his favour upon the inheritance or whole interest in the share allotted to him. PROCEEDINGS FOR EXCHANGE, OR FOR DIVISION OF INTERMIXED LANDS. 41. That application for an exchange under the 44th section of the act, may be either included in an original petition for sale, or made by supplemental petition, referring to the former petition, and to the proceedings thereon. 42. That the costs properly incurred in proceedings for exchange or division shall be borne in such proportions as the Commissioners shall direct, having regard to any special agreement between the parties; and the amount paid by any owner having a limited interest, shall be a charge in his fa vour, upon the inheritance or whole interest in the lands allotted to him. PRACTICE. 43. That every attorney who appears for any party, shall enter his name and address in a book, to be kept in the office for that purpose; and every change of attorney or address shall be entered in the same manner. the court shall think fit otherwise to direct, to be served with notice of all proceedings in the matter, and to appear thereon, until he shall, by notice declare that he withdraws such appearance; but the costs occasioned by entering such appearance, shall be paid by the party entering the same, unless the court shall otherwise direct. pru 48. That the Commissioners, or one of them, shall, in the first week of each month, from November to August, inclusive, examine the state of each matter, and the ceedings which may have taken place since such last examin ation, and if any matter shall appear not to have been pro secuted with due diligence, they shall require the party hav ing the carriage thereof to explain the reason of such neglect or delay, and if such reason shall not appear satisfactory they shall be at liberty to order the carriage of such matter to be transferred to some other party interested in such matter, who shall undertake to prosecute the same with due diligence and shall order the costs occasioned by such transfer to be paid by the party guilty of such delay, and shall order all such papers and documents relating to the proceedings in such matter. which were in the custody, power, or procurement of the petitioner, or party having the carriage, of the proceeding or his attorney to be handed over to such other party, or lodged in court, as the Commissioners shail direct; and no petition shall be withdrawn or dismissed without the leave of the Commissioners, 44. That every person making an application to the Commissioners shall enter an address in Great Britain or Ireland, to which all notices or orders to him may be sent, and may change the same from time to time; and that any notice or order which may require to be served in any matter shall be lodged with such of the officers of the court as the Commissioners shall appoint for that purpose, and shall be served in manner hereinafter mentioned, through the office of such officer, unless the court, or a Commissioner, when sitting alone upon any matter referred to him, shall otherwise order; and such notice or order may be transmitted by the post, by the clerk or officer so to be appointed for that purpose; and the certificate of such clerk or officer, of the sending by post of such notice or order, shall be sufficient proof that such notice or order was duly served at the time when the same would reach the said address in the ordinary course of the post. 45. That whenever a notice or order shall be lodged in the notice office, for the purpose of being served, the person lodging the same shall at the same time bring in and lodge as many copies of such notice or order as such person shall require to be served, and shall also at the same time bring in and lodge in the office as many covers or envelopes, with a sufficient postage stamp affixed on each, as may be necessary for the purpose of transmitting such copies free by post; and upon which envelopes or covers shall be legibly written by the party bringing in the same, the address of the parties respectively on whom such copies are to be served; and it shall be the duty of the officer to compare such copies with the notice, and to correct the same when necessary, and also to compare the address on each cover or envelope with the address mentioned at the foot of such original notice, and to see that the same is correct And that all notices to be served through the notice shall be lodged in such office before the hour of two o'clock on the day upon which it is required that the same shall be sent; and that the notice clerk himself, or some other of the sworn clerks of the court, shall deliver into the General Post-Office copies of the different notices, properly addressed, as before mentioned, previous to the usual time for closing the post-office for receipt of letters to be despatched by the evening mail of that day; and such clerk shall enter in a book, to be kept for that purpose, a memorandum or minute of his having posted such notices, and there shall be endorsed at the foot or on the back of every notice or order that shall be brought into the notice office, the name and address of every person upon whom it is required that such notice or order shall be served, and if an attorney, the name of the party for whom he is concerned. 46. That when ever the Commissoners shall appoint any person to act in the nature of guardian, or next friend, to protect the rights of any infant, idiot, lunatic, or married woman, in any matter depending before them, the order made by the Commissioners to that effect shall be served upon such person, and all notices and orders subsequently served upon such person shall be deemed to have been duly served upon the party whose interests such person has been so appointed to protect. But it shall be competent for any person interested, or claiming to be interested, to apply to the Commissioners to rescind or vary the order appointing such guardian, or next friend, or to have some other person appointed in his place. 47. That when any person claiming to be interested shall desire to be served with notice of the proceedings in any matter he shall be at liberty to enter an appearance in the form or to the effect following: "C. D, appears in this matter [stating the title of the matter], for the purpose of being served with notice of all proceedings therein. day of "Dated this 184." And which notice must be signed by the party himself, or his attorney, and some place stated therein where notices are to be served on him, or on his attorney; and thereupon the party entering such appearance shall be er.titled, unless t 49. That every petitioner shall be at liberty, until an order shall be made upon his petition, to amend the same, as often as he may be advised; but after any order shall made upon the petition no other amendment shall be made on any petition, without the leave of the court; and in all cases of amendment, the material facts, the subject matter of the amendment so sought to be made, shall be verified by affidavit. 50. That any party introducing any scandalous, prolix, or irrelevant matter into any petition, affidavit, or other document, shall pay the costs incident to such misconduct, and all such scandalous, prolix, and impertinent matter shall be expunged at the expense of such party. EXAMINATION. 51. That all examinations before the Commissioners, or one of them upon reference to a single Commissioner, or before any examiner, shall be vivâ voce, unless the Com missioner in any special case shall otherwise direct. 52. That whenever any witness shall be examined other wise than vivâ voce, he shall be examined upon interrogatories which shall be previously lodged in the office two days prior to such examination, and copies of which interrogatories may be taken out by all parties; but in case of emergency, the Commissioners, or one of them, may certify that the party examining should not be required to wait for two days after the lodging of his interrogatories, before commencing such examination, and in that case the examination may be proceeded with at such time as the Commissioners, or one of them, shall certify to be proper; and when an examination shall take place out of Dublin, the party examining shall not be precluded from lodging with the examiner additional interrogatories, and examining the witnesses thereto, in case any matter shall come to the knowledge of such party or his attorney, subsequent to his lodging his interrogatories originally in the office, but in such case the party or his attorney must make an affidavit to account for his not having lodged such additional interrogatories originally in the office, and such party shall be bound to furnish a full and true copy of such additional interrogatories to the opposite party at or prior to his logging the same with the examiner. But this rule shall not e cross-interrogatories or to the cross-examination nesses; and it shall not be considered necessary to the office, or to furnish copies to the opposite party, o interrogatories to be exhibited to witnesses. xtend to 53. That all witnesses examined, whether in Great or Ireland, who shall not be examined vivâ voce, shall be examined by such of the officers of the court as the Com missioners shall appoiut for that purpose, and with respect to all examinations that shall take place more than ten sta tute miles from the General Post Office, Dublin, the officer performing that duty shall receive, for each day upon hich |