he shall be actually engaged on that duty, such sum (in addition to his yearly salary) as the Commissioners of Her Majesty's Treasury shall allow, and also his actual travelling charges, not including any allowance for his support, such allowance and charges to be ascertained before the Commissioners, upon the oath of the officer, and to be included amongst the incidental charges and expenses of the court, in each quarterly account returned to the Commissioners of Her Majesty's Treasury. And it shall be competent for such person as the Commissioners shall so appoint for the examination of parties or witnesses, to administer all neces But in no case sary oaths to such parties and witnesses. shall it be necessary to issue any Commission for the examination of parties or witnesses to the person so authorized to act as examiner

54. That when a party or witness shall be examined out of Dublin, it shall be the duty of the examiner to be at the place appointed for the examination of such party or witness, at the hour of eleven o'clock in the forenoon, at the latest, on each day, and to be then ready to proceed with such examination, and to continue in the discharge of such duty till four o'clock in the afternoon; and in case such examination shall not have been commenced at eleven o'clock, and continued till four o'clock. each day, such examiner shall state, on the dominical to be returned by him, by whose delay or default it was that such examination was not so commenced or continued

55. That all examiners shall take down the depositions of parties and witnesses in the first person, and no party or witness shall be examined in Dublin, except before the Commissioners, or one of them, or at the usual public office of the examiner, unless the Commissioners, or one of them, shall certify that such examination may be had at some other place, to be mentioned in such certificate.

56. That the Commissioners, if they shall think fit, on the application of any party, shall make an order for the examination of any witness out of Great Britain and Ireland, before a person to be mentioned in such order, and the expenses of such order and of executing the same shall be in the discretion of the Commissioners; and the examination and cross-examination of such witness shall be subject to the rules applicable to the examination of a witness in Great Britain or Ireland, unless the Commissioners shall otherwise direct.

57. That prior to any examination the Commissioners, or one of them, shall certify the day when publication shall pass, and unless the time so appointed for passing publication shall be enlarged by the Commissioners, or one of them, publication shall pass on that day.

58. That all parties claiming to be interested, in any matter before the Commissioners, and all witnesses, shall be bound to answer all lawful questions; and in the event of such parties or witnesses not fully or fairly answering the same, whether upon vivâ voce examination, or upon interrogatories, shall be deemed guilty of a contempt of court.

59. That the examiner shall, at the instance of any party, sign a notice specifying the time and place when and where such examination shall be held, which notice shall be duly served on the opposite party, seven days at least before the day named for commencing the examination, if in Ireland, and fourteen days before commencing the examination, out

of Ireland.

60. That all interrogatories shall be conveniently distinguished and numbered, and a copy of all direct interrogatories shall be left with the examiner two days before they shall be administered to any witness.

61. That at least four days before the direct examination of any witness by either party, a notice shall be duly served on the opposite party, describing such witness by name, place of residence, and addition, and specifying, by the numbers thereof, the interrogatories which are to be administered to such witness; and the interrogatories to be administered for the cross-examination of any witness shall be confined to matters affecting the credit of such witness, or tending to discredit, to explain, or to qualify the evidence which he may have given on his direct examination; but it shall be Competent for a party cross-examining a witness, to administer direct interrogatories also to such witness, in like

manner, and subject to such rules, as if such witness had been originally produced by him.

62. That any party interested in any matter shall be at liberty to examine any other party interested therein upon such personal interrogatories as the Commissioners, or one of them, shall approve of, and such examination shall take place within such time as the Commissioners, or one of them, shall appoint; and the examination of any party on personal interrogatories shall be conducted in the same manner as the examination of a witness before an examiner. AFFIDAVITS.

63. That whenever any affidavit shall be made before the Commissioners, or any of them, or before any of their officers whom they shall authorize to take the same, such affidavit or affirmation shall not be returned to the party, but shall be filed in the proper office of the court.

64. That no affidavit shall be received in which there shall appear to be either interlineation or erasure, unless such interlineation or erasure be noticed in the jurat of such affidavit; and the time when, and the place where, every affidavit is sworn, shall be stated in the jurat thereof. 65. That every affidavit to be made elsewhere than in the City of Dublin shall be folded up in a proper cover, and sealed by the person before whom such affidavit shall be sworn, with his seal, and endorsed and signed by him on the outside, in manner following In the matter of the estate of A. B., owner, &c., [as the case may be.]

day of

The affidavit of X. Y., sworn before me on this

M. N. [stating what character the person taking the affidavit fills-such as Master Extraordinary, or Commissioner for taking Affidavits for the Court of Chancery, &c.]

And such cover shall not be opened, or the seal broken until the same shall be delivered to the proper officer of the court; but it shall be competent for the party making such affidavit to transmit the same by post, addressed to the secretary, first paying the postage thereof.

66. That all affidavits, answers, and all other proceedings that could be read and relied upon in any of the Superior Courts of Law and Equity, may be read and relied upon before the Commissioners, subject to all just exceptions; and that copies thereof, purporting to be attested by the proper officer, shall be considered as primâ facie evidence thereof.

67. That the Commissioners shall not be bound to reject any affidavit, by reason of any irregularity in the heading or the jurat thereof, or by reason of non-compliance with any of the preceding rules.

ORDERS.

68. That whenever a party served with a conditional order shall file an affidavit, or rely on any other matter as cause against such order, and shall give notice thereof, and the party obtaining such conditional order, shall not, within the time specified in such conditional order, or within four days after the expiration thereof, serve notice of motion to make the same absolute, the party opposing such order shall be entitled to have an office rule entered, allow

ing the cause shown as an authority for taxing the costs of resisting such conditional order; and such costs shall be taxed accordingly and upon the entering such office rule, and not before, the cause shall be deemed to be allowed.

69. That in case of disobedience of any order made by the Commissioners, a writ of attachment, in the form to be hereafter settled by them, shall issue against the party so in default or disobeying the order of the court; and all sheriffs and other officers charged with the execution of like writs, issuing out of the Court of Chancery in Ireland, shall be bound duly to execute the same.

70. That the Commissioners shall, in case they think fit, in order to enforce obedience to their orders, cause a writ of sequestration to issue against any party in default, such writ to be in the form to be hereafter approved of by the Commissiouers; and such writ of sequestration shall be executed in like manner as writs of sequestration issuing out of the Court of Chancery in Ireland may now be executed,

ract lodged therewith, per Folio

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for sale of Incumbered Estates in Ireland," and shall be entitled to the effect following:

"In the matter of the estate of A. B. of [naming the owner."]

And shall commence as follows:

"The petition of J. D. of an owner of land [or an incumbrancer on land, as the case may be."]

And all subsequent proceedings shall be entitled to the effect following:

"In the matter of the estate of A. B., owner and petitioner [or in the matter of the estate of A. B. owner, and of E. F. petitioner, as the case may be."]

But in case of the death, or transmission, or change of interest, of such owner or petitioner, the name of the person in regard to whom such proceedings shall be continued in place and stead of such original party, shall also be stated in the title of all such subsequent proceedings in the manner or to the effect following:

"In the matter of the estate of A. B., owner and petitioner, now deceased [or otherwise as the case may be] and of C. D. [stating his character in reference to the original party, whether heir, devisee, or personal representative, assignee, &c "]

or otherwise :—

"In the matter of the estate of A. B., owner, and of C. D. petitioner, now deceased [or otherwise as the case may be,] and of E. F. [stating his character in reference to the original petitioner, as the case may be."]

And in case of the death, or transmission, or change of interest, of such added party; then substituting for such firstly added party, the name of the new party in regard to whom such proceedings shall be still continued.

Any party presenting a petition shall be bound to bring 0 3 in, and lodge at the same time, a fair copy of such petition,

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nding on Taxation, including Perusal and Inructions, each Item

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for the use of the court.

If a petition is signed by counsel, it will be his duty to see that the petition and schedules are justified by the abstract, and that the abstract is drawn in a fair and concise form. No costs will be allowed, without the special order of the Commissioners, for any amendment to the petition, schedules, or abstract; but if such amendments shall be made by a different attorney, he shall be allowed his reasonable costs, which shall be deducted from the costs allowed to the attorney for preparing the petition and abstract, unless the Commissioners shall otherwise direct. If the party who presents the petition gives the secretary, at the same time, a stamped envelope, entitled in the matter, and addressed to himself, he will receive notice when the petition is fiated, and may thus avoid the trouble of calling at the office.

In every petition, the petitioner shall state whether he knows, or has reason to suppose that any person interested 8 in the premises to which the petition relates, is an infant, idiot, lunatic, or married woman; and if so, he shall state, so far as he is able, the names and addresses of the guardian or committee of the estate and person, or husband, of any such person.

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Each skin to contain fifteen folios of ninety words each.]

r any business not specified above, the same Fee as allowed for similar business in the Court of Chancery.

"he above Fees are to be exclusive of all Disbursements, except for Clerks, Stationery, and Scriveners' Work.

the Preparation of Documents, Fees to Counsel allowed on Perusing and Settling Draft Petition, Interrogatories, Cross Interrogatories, and Con

The petition of William Howard, an owner of land. Showeth,

That he is owner, as tenant in fee, of the premises described in the first part of the first schedule hereunto annexed, under the title set forth in the abstract accompanying this petition, and that he is in possession and receipt of the rents and profits of the whole thereof, under his said title, since the 1st of January, 1835.

That he is owner, as tenant for his life, of the premises described in the second part of the first schedule hereunto annexed, under the title set forth in the abstract accompanying this petition; and that on the 15th of June, 1830, he entered into possession and receipt of the rents and profits thereof, and is still in receipt of the rents and profits of every portion thereof, except the lands of Ballintoye and Garranebeg.

That William Johnson, of the city of Dublin, entered

into receipt of the rents and profits of Ballintoye, under an

elegit, on the 20th of April, 1844, and has continued in the tered into receipt of the rents and profits of Garranebeg on the 5th of March, 1845, under the mortgage in the abstract stated, bearing date the 11th of May, 1849, and is still in receipt thereof.

receipt thereof to this date; and that George Symons en

That the said premises are subject to the several incumbrances set forth in the second schedule hereunto annexed, and that there is not any suit or matter depending in any court of equity in relation to the premises, or any part thereof, or in relation to the receipt of the rents and profits thereof.

Your Petitioner therefore prays that the premises, or such part thereof as the Commissioners shall direct, may be sold, and that the petitioner may have such further relief in the premises as to the Commissioners shall seem meet. The petition shall contain a schedule of the property of which a sale is sought, stating

1st. The denominations of the land, or in the case of incorporeal hereditaments, a full and complete description thereof.

2nd. The head-rent or quit-rent, if any, to which the property or any part thereof is liable, and the gale days, and if held by lease the particulars thereof and the gale days, and if held by lease in perpetuity the circumstances of the property in regard to renewals. 3rd. The arrears, if any, of head-rent or quit-rent, due up to and including the last gale-day. 4th. The tenants' names.

5th. The date and description of the instrument, if any, under which each tenant holds, and the tenure of each tenant, and whether any timber or trees on the land belong to the tenant, or are claimed by him. 6th. The extent and description of each holding or farm. 7th. The annual rent.

8th. The gale-days.

9th. The arrears due up to last gale-day inclusive. 10th. Observations, relating for example to the character and capabilities of the estate proposed to be sold, to the liability of the estate to any arrear of tithe rentcharge, or to any charge for money borrowed under the acts for promoting the drainage of lands and the improvement of navigation and water-power, in connexion with such drainage; or the act to facilitate the improvement of landed property in Ireland, or imposed thereon under the provisions of the labour rate acts, and the acts for the relief of the poor; or to any other special matter affecting the circumstances of the premises proposed to be sold, and the charges affecting

the same.

It shall also contain a schedule of all charges and incumbrances, whatever, affecting the premises, and each and every part thereof, specifying

1st. The date of each incumbrance.

2nd. The name of the party entitled to the same. 3rd. The manner in which such charge was created, whether by will, settlement or mortgage, judgment or otherwise.

4th. The sum due for principal on each incumbrance. 5th. The annual rate of interest payable in respect of each charge or incumbrance; the day or days of payment of the same, if there be any specially appointed for that purpose; and the amount due for interest up to some certain day to be named in the petition; or in the case of an annuity, the arrears up to and including the gale-day next before the presenting of the petition. 6th. Any special circumstances, such, for example, as any proviso respecting the rate of interest, or the terms on which an incumbrance may be paid off, or an annuity redeemed, or any exemption of a portion of the premises from the whole or any portion of the incumbrance, or the liability of any other property, or of any person, to pay any incumbrance, whether in exoneration of the premises or otherwise, distinguishing whether the estate proposed to be sold is primarily liable to the incumbrance or only by way of guaranteeship or suretyship.

The petition shall be accompanied by a concise abstract of the title to the premises, and by an affidavit by the peti tioner or his attorney, that he has read the petition, includ. ing the schedules, and also the abstract of title accompany. ing the same, and that he believes the said petition and schedules to be true, and that he believes the abstract to be a correct and fair abstract of petitioner's title. The deponent must sign the petition and each schedule, and the abstract of title.

FORM.-Petition for Sale by an Incumbrancer. In the Matter of the Estate To the Commissioners for of William Howard, of Sale of Incumbered Estates Ballinderry, in the co. of in Ireland, Cork.

The Petition of James Johnson, an incumbrancer on land, Showeth,-That on the 17th of December, 1810, James Howard, of Ballinderry, in the county of Cork, Merchant, since deceased, conveyed the lands mentioned in the first schedule hereto, in fee to one Henry Dillon and his heirs by way of mortgage, to secure the sum of £10,000 with interest, at the rate of 5 per cent. per aanum payable the 25th of March, and 29th of September.

That the said James Howard had such an estate or power over the premises as enabled him to execute the said mortgage.

That your petitioner is now the owner of the said mort. gage, as appears by the abstract of title herewith lodged. That William Howard, of Ballinderry, is now the owner of said lands, as tenant for life thereof.

That on the 5th of May, 1838, one John M'Namara filed his bill in the Court of Chancery in Ireland (among other purposes) to recover a certain charge of £5,000 affecting the premises, and to which the said John M'Nanara claimed to be entitled.

That a receiver in said cause is now in the receipt of the rents and profits of the premises, except the lands of Ballin. derry, which are in the possession of the said William Howard.

That a decree to account in the said cause was pronounced on the 16th of June, 1843, a copy of which is annexed hereto.

That the Master in the said cause made his report, bearing date the 3rd of August, 1847, a copy of which is annexed thereto.

That the said report was confirmed, and a decree pronounced in the said cause on the 18th of November, 1847, a copy of which is annexed hereto, and that no person intends to object to the said decree and report.

That the sum of £12,500 is now due on foot of the said mortgage, together with interest, since the 29th of September, 1849, the gale day up to which interest is computed.

That your petitioner is not the first incumbrancer on the said premises, and that he has in a schedule hereto annexed set forth the other incumbrancers affecting the premises, and in whom the same are vested according to the best of his knowledge, information, and belief.

Your petitioner prays that the premises or a competent part thereof, for the discharge of the incumbrances affecting the same may be sold, and that your petitioner may have such further relief in relation to the matters aforesaid, as to the Commissioners shall seem meet. To this petition must be annexed a schedule of the lands proposed to be sold, which shall be in the same form as the schedule to a petition by an owner, so far as the information of the petitioner shall enable him to give the same; and also a schedule of the incumbrances affecting the premises, so far as petitioner is acquainted with the same, and copies of the decrees and reports made in the pending suit in Chancery. The petition must be accompanied by an abstract of petitioner's title, and by an affidavit by petitioner or his solicitor, that he has read the said petition, and schedules, and abstract, and that the petition, including the schedules, is true to the best of deponent's knowledge, information, and belief, and that he believes the abstract to be a fair and true abstract. The deponent must sign the petition and each schedule, and the abstracts of title.

Where an application for a sale of any land or lease has been dismissed with costs by a competent tribunal, upon

application by the same party for a sale of such land or lease, or any part thereof, he shall, by his petition, state that such costs have been paid, and when, and to whom, and verify such statement by affidavit.

That every petition for sale, whether by an owner or incumbrancer, shall state whether there is any suit or matter depending in any court of equity in relation to the premises or any part thereof; or in relation to the receipt of the rents and profits thereof; and if there be any such suit or matter, it shall state in what court such suit or matter is depending, and a short description of the title thereof, and to what state such suit or matter has reached, and what declarations, inquiries, or proofs have been made under any decree or order in such suit or matter, and whether the petitioner, or any other person to his knowledge, objects to the decree or to any finding or proof under it, as erroneous or proper to be reconsidered.

In case an agreement by private contract for sale of any portion of the lands of which a sale is sought by petition, shall be entered into with any person before the premises are set up to auction, the parties shall be at liberty to apply by motion to the Commissioners that such sale shall be confirmed, and a conveyance executed to the purchaser; such motion shall be grounded on an affidavit by the party making the application, showing that such sale would be beneficial to the parties, and stating that no consideration has been directly or indirectly given or agreed to be given for the premises, except the purchase-money stated in such affidavit. In setting forth the schedules of tenancies, leases, agreements for leases, and incumbrances, the owner shall include all such as he knows or believes to be claimed by any person, although he may dispute the validity of such claim; and in the column of observations, he may state how far he disputes such claim.

In preparing an abstract of title, either to land or to an incumbrance, accompanying a petition by an owner or incumbrancer, it is not necessary to go back earlier than the earliest deed creating an incumbrance still affecting the premises. But as a perfect abstract of title will be required in the course of the proceedings, it may in some cases expedite the distribution of the purchase-money if a complete abstract is presented in the first instance. This is left to the discretion of the petitioner.

The attorney presenting a petition for an incumbrancer, ought to be prepared with the documents showing the existence of the incumbrance and of petitioner's title thereto, as the Commissioners may require to inspect them, before fiating the petition under rule.

FORM.-Petition for partition, under 43rd section, before sale.

In the matter of the Estate of To the Commissioners for Jacob Dixon, of &c., Esq., Sale of Incumbered Estates in Ireland.

an Owner of Land.

The petition of Jacob Dixon, of &c., Esq., an owner of land, Showeth,

That James M'Cann, of &c., gentleman, did, on the 28th day of May last, present his petition in this court, in the above matter, praying for a sale of one undivided moiety of certain lands and premises in such petition mentioned or referred to, of which moiety your now petitioner is the owner, and the matter of the said petition is still pending, and no sale has been made under the said petition.

That Sarah Bright, of &c., spinster, and Jane Dickins, of &c., widow, are the owners of the other moiety of the said premises, the said Sarah Bright being entitled to onefourth part of such moiety, and the said Jane Dickins to three-fourth parts thereof.

That the said Sarah Bright has been found a lunatic by inquisition, and Thomas Bright, of &c., gentleman, is the committee of her estate, and Mw. Allen, of &c., Esq., is committee of her person.

That your petitioner believes that the said Jane Dickins is tenant for her life only of her said shares, but your petitioner has not been able to learn how such estate was created, or who is entitled in remainder.

That your petitioner is desirous, that a partition should be made of the said premises before proceeding to a sale of his moiety thereof.

Your petitioner therefore prays that a partition may be made of the premises mentioned in the said petition for sale, and that your petitioner may have such further and other relief in relation to the matters aforesaid, as to the Commissioners shall seem meet. FORM.-Petition for partition under 43rd section, after sale and conveyance.

In the matter of the Estate of Jacob Dixon, of &c., Esq., late an Owner of land, and of Samuel Green, of &c., Esq. a Purchaser of such land.

To the Commissioners for the Sale of Incumbered Estates in Ireland.

The petition of Samuel Green, of &c., Esq., an owner of land, Showeth,

That James M'Cann, of &c., gentleman, did, on the 28th day of May last, present his petition in this court, "In the matter of the estate of Jacob Dixon, of &c., Esq.," praying for a sale of one undivided moiety of certain premises, including the lands and premises mentioned in the schedule hereunto annexed; and that such proceedings were had in the matter, that on the 30th day of August last, two of the Commissioners duly conveyed one undivided moiety of the premises mentioned in the schedule hereto unto your petitioner, his heirs and assigns for ever.

That the other moiety of the said premises is vested in fee in John Taylor, of &c., Esq., and Richard Smyth, of &c., merchant, as trustees of the will of Thomas M'Mahon, of &c., brewer, deceased, upon trust to pay certain annuities to A. B. and C. D., and subject thereto upon certain trusts under which the children of the said Thomas M'Mahon are interested.

Your petitioner therefore prays that a partition may be made of the premises mentioned in the schedule hereto, and that your petitioner may have such further and other relief in relation to the matters aforesaid, as to the Commissioners may seem meet.

Schedule of lands intended to be partitioned, specifying the denominations and head rent (if any) and the tenancies. If the purchaser has mortgaged, settled, or otherwise dealt with the property, there should be an abstract of his

title.

To the Commissioners for Sale of Incumbered Estates in Ireland.