S.I. No. 510/2001 - Circuit Court Rules, 2001

If the person bound by any order of the Court, other than a judgment for the payment of money, fails to comply with its terms, the party entitled to the benefit of such order may serve a notice requiring the person so bound to attend the Court on a day and at an hour to be named in such notice to show cause why he should not be committed for his contempt in neglecting to obey such order. The said notice shall be served personally in all cases unless the Court for good cause shall order otherwise. Furthermore, prior to the service of the said notice, a copy of the Court Order in respect of which obedience is sought, shall be personally served upon the party against whom the Order was made with a penal endorsement thereon.

No order of attachment shall be issued without the leave of the Court, to be applied for by Motion on notice to the party against whom the attachment is sought to be issued which said notice shall be served personally upon the person sought to be attached. Furthermore, prior to the service of the said notice, a copy of the Court Order in respect of which obedience is sought, shall be personally served upon the party against whom the Order was made with a penal endorsement thereon.

Every order of attachment or committal for contempt of Court shall be directed to the Superintendent of the Garda Siochana for the district in which the party to be attached or committed resides, or may be found, or to such other member of the Garda Siochana as the Court may direct.

The party at whose instance an order for attachment or committal has been obtained shall lodge it with the proper officer for execution.

Any person in custody under any order for attachment or committal may apply to the Court for his discharge, on giving notice to the party at whose instance he has been committed of his intention so to apply.

The Court may, on the ex parte application of any person who has obtained a judgment or order for the recovery or payment of money, either before or after any oral examination of the debtor liable under such judgment or order, and upon affidavit by himself or his Solicitor, stating that the judgment has been recovered, or the order made, and that it is still unsatisfied, and to what amount, and that any other person is indebted to such debtor and is within the jurisdiction, order that all debts owing or accruing from such third person (hereinafter called the garnishee) to such debtor shall be attached to answer the judgment or order; and by the same or any subsequent order it may be ordered that the garnishee shall appear before the Court to show cause why he should not pay to the person who has obtained such judgment or order the debt due from him to such debtor, or so much thereof as may be sufficient to satisfy the judgment or order.

Service of such order upon the garnishee, or notice thereof given to him in such manner as the Court shall direct, shall bind such debts in his hands.

If the garnishee does not forthwith pay into Court the amount due from him to the debtor liable under a judgment or order, or an amount equal to the judgment or order, and does not dispute the debt due or claimed to be due from him to such debtor, or if he does not appear, then the Judge may order execution to issue, and it may issue accordingly, without any previous notice, to levy the amount due from such garnishee, or so much thereof as may be sufficient to satisfy the judgment or order, together with the costs of the garnishee proceedings.

If the garnishee disputes his liability, the Judge, instead of making an order that execution shall issue, may order that any issue or question necessary for determining his liability be tried or determined in any manner in which any issue or questions in an action may be tried or determined.

Whenever in proceedings to obtain an attachment of debts it is suggested by the garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or charge upon it, the Judge may order such third person to appear and state the nature and particulars of his claim upon such debt.

After hearing any third person under such order as in Rule 5 mentioned, and any other person whom by the same or any subsequent order the Court may order to appear, or in case of such third person not appearing when ordered, the Judge may order execution to issue to levy the amount due from such garnishee, or so much thereof as may be sufficient to satisfy the judgment or order, together with costs of the garnishee proceedings, and of any issue or question to be tried or determined according to the preceding Rules of this Order, and may bar the claim of such third person, or make such other order as the Judge shall think fit, upon such terms, in all cases, with respect to the lien or charge (if any) of such third person, and to costs, as he shall think just.

Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the debtor liable under a judgment or order to the amount paid or levied, although such proceeding may be set aside or the judgment or order reversed.

The County Registrar shall keep a debt attachment book; and in such book entries shall be made of the attachment and proceedings thereon, with names, dates, and statements of the amount recovered, and otherwise; and copies of any entries made therein may be taken by any person upon application to the County Registrar.

The costs of any application for an attachment of debts, and of any proceedings arising from or incidental to such application, shall be in the discretion of the Judge, and as regards the costs of the judgment creditor shall, unless otherwise directed, be retained out of the money recovered by him under the garnishee order in priority to the amount of the judgment debt.

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

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

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

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

Where an order is made by the Court appointing a receiver by way of equitable execution the order shall be absolute, subject to the right of the judgment debtor, or other person affected thereby, to apply to the Court to discharge the said order, and on such application the Judge may vary or discharge the said order as he thinks right.

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

Relief by way of interpleader may be granted:—

The applicant must satisfy the Court by affidavit or otherwise:—

The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin, but are adverse to and independent of one another.

Where the applicant is a defendant, application for relief may be made at any time after service of the Civil Bill.

The applicant may issue an Interpleader Application in accordance with Form 3 in the Schedule of Forms hereto calling on the claimants to appear and state the nature and particulars of their claims and either to maintain or relinquish them.

If the application is made by a defendant in an action the Judge may stay all further proceedings in the action.

If the claimants appear in pursuance of the application, the Judge may order either that any claimant be made a defendant in any action already commenced in respect of the subject-matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff and which defendant.

The Judge may, with the consent of both claimants, decide their claims in summary manner, and on such terms as may be just.

Where the question is a question of law, and the facts are not in dispute, the Judge may decide the question without directing the trial of an issue.

If a claimant, having been duly served with an application calling on him to appear and maintain or relinquish his claim, does not appear in pursuance of the application, or, having appeared, neglects or refuses to comply with any order made after his appearance, the Judge may make an order declaring him and all persons claiming under him, forever barred against the applicant and persons claiming under him, but the order shall not affect the rights of the claimants as between themselves.

Except where otherwise provided by statute, the judgment in any action or any issue ordered to be tried or stated in an interpleader proceeding, and the decision of the Judge in a summary way under Rule 8 of this Order, shall be final and conclusive against the claimants and all persons claiming under them.

Where goods or chattels have been seized in execution by a sheriff, or other officer charged with the execution of process of the Court, and any claimant alleges that he is entitled under a bill of sale or otherwise, to the goods or chattels by way of security for debt, the Judge may order the sale of the whole or part thereof, and direct the application of the proceeds of sale in such manner and upon such terms as may be just.

The rules applicable to discovery shall, with the necessary modifications, apply to interpleader proceedings.

The Judge may, in or for the purposes of any interpleader proceedings, make all such orders as to costs and all other matters as may be just and reasonable.

A claim made to or in respect of any goods or chattels taken or about to be taken in execution under the process of the Court shall be in writing. On the receipt of the claim the Sheriff or such other officer shall forthwith give notice thereof to the execution creditor in accordance with Form 29 of the Schedule of Forms annexed hereto, or to the like effect, and the execution creditor shall, within four days after receiving the notice, give notice to the Sheriff or such other officer in accordance with Form 30 of the Schedule of Forms annexed hereto that he admits or disputes the claim, in the form in the said Schedule, or to the like effect. If the execution creditor admits the title of the claimant and gives notice as directed by this rule, he shall only be liable to such Sheriff or officer for any fees and expenses incurred prior to the receipt of the notice admitting the claim.

Where the execution creditor does not in due time, as directed by the last preceding rule, admit or dispute the title of the claimant to the goods or chattels, and the claimant does not withdraw his claim thereto by notice in writing to the Sheriff or such officer, the Sheriff or such officer may issue an interpleader application, and should the claimant withdraw his claim by notice in writing to the sheriff or such officer, or the execution creditor in like manner serve an admission of the title of the claimant prior to the return day of such application, and at the same time give notice of such admission to the claimant, the Judge may in and for the purposes of the interpleader proceedings, make all such orders as to costs, fees, charges and expenses as may be just.

When an appeal is taken from any decision of the District Court in accordance with the Rules of that Court, the Clerk of such Court shall transmit to the County Registrar:—

The hearing shall take place at the Sitting which is held in the nearest town in the Circuit to the Courthouse at which the decision appealed from was given, unless the Judge shall otherwise order.

If so directed by the Court, the original decree or dismiss or a certified copy thereof shall be produced on the hearing of the appeal by the appellant.

If an appeal is not prosecuted, the Judge may order the party appealing to pay to the party receiving notice of appeal such costs and expenses as to the judge shall seem just.

Whenever an appeal in a criminal case from a justice of the District Court to a Judge of the Circuit Court shall not have been prosecuted, or the original Order shall have been confirmed or varied on appeal, or either party shall upon appeal have been ordered to pay a specified sum for costs, the Judge may direct the issue by the County Registrar of all warrants necessary and proper for the execution of the original Order or of such varied Order and to enforce the payment of such costs.

Where the Order of the Judge of the District Court, as confirmed or varied on appeal, directs the imprisonment of any person the Judge may, upon confirming or varying the said Order, or at any time before the issue of a warrant by a Judge of the District Court, or by the County Registrar, for the execution of such Order so varied or confirmed, direct that such person be taken into custody forthwith, or detained in custody, and imprisoned pending the issue of such warrant.

In cases in which jurisdiction has been conferred upon the District Court by Section 77A of the Courts of Justice Act, 1924 the Court may issue the instrument necessary to enforce its decision, or may allow the same to be issued by the District Court in accordance with Section 23 of the Courts of Justice (District Court) Act, 1946 .

The County Registrar shall certify to the Clerk of the District Court from which the appeal was taken the purport of every order made by the Court on appeal, and shall return to the said clerk the original summons, Civil Summons or other documents by which the proceedings have been instituted.

The Court may, upon such terms (if any) as it may think reasonable extend the time for all appeals to be taken pursuant to the provisions of the Rules of this Order.

The application for a Certificate required by Section 63 of the Courts of Justice Act, 1924 shall be made to the Court immediately on the termination of a trial or within three days thereof.

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

In all cases where a sale, mortgage, partition or exchange is ordered, the Court, in addition to the powers already existing, shall have power to authorise the same to be carried out:

When any property is ordered to be sold, the order shall direct who shall have the carriage of the sale and where the same shall be held, and by whom the conditions and contracts of sale and abstract of title, if any such be necessary, shall be prepared. Whenever in an action for the administration of the estate of a deceased person, or the execution of the trusts of a written instrument, a sale is ordered of any property vested in any executor, administrator or trustee, the conduct of such sale shall be given to such executor, administrator or trustee, unless the Judge shall otherwise direct.

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

Where a judgment or order directs any property to be sold, unless otherwise ordered, the same shall be sold to the best purchaser, and if the sale be approved by the Court, all proper parties shall join in the sale and conveyance as the Court shall direct.

If, in any action or matter relating to goods or chattels, it shall appear necessary or expedient that the same, or any of the same, shall be sold, the Judge may order such sale by any person or persons named in such order, and in such manner, and on such terms as he may think desirable, and in any case in which such goods or chattels are of a perishable nature, or likely to deteriorate from keeping, or in which it may be desirable for any other just and sufficient reason to have an immediate sale, such order for sale may be made at any time after the commencement of the proceedings.

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

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

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

All sureties shall make an affidavit of their sufficiency unless the Judge shall dispense with such affidavit.

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

When in the course of any proceeding it appears at any time to the Judge expedient that an administrator pendente lite or a receiver should be appointed, such appointment may be made whether or not the same be asked for as part of the relief in the Civil Bill or other originating document.

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

When an administrator pendente lite or a receiver is appointed with a direction that he shall pass accounts, the County Registrar, under the direction of the Court, shall fix the day or times at which he shall lodge and vouch such accounts, and also the days upon which or the times at which he shall pay the balances appearing due upon the accounts so lodged, or such part thereof as shall be certified as proper to be paid by him, and with respect to any such administrator or receiver as shall neglect to lodge, or pass his accounts, or pay the balance thereof, at the time fixed for this purpose, the Judge may from time to time disallow the salary or allowance claimed by such administrator or receiver; and may charge him with interest at such a rate as may from time to time be determined upon the balance so neglected to be paid by him during the time the same shall appear to have remained in the hands of any such administrator or receiver.

Such administrators' and receivers' accounts shall be written bookwise on paper of A4 size, and the items of every account shall be numbered consecutively, and the accounts shall be verified by affidavit and be therein referred to as exhibits.

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

Proceedings under Section 33 (i) and (k) of the County Officers and Courts (Ireland) Act, 1877, as extended by the Principal Act, or under the Settled Land Acts, the Trustee Relief Acts or the Trustee Acts (other than for payment into Court by Trustees), shall be commenced by issuing a Civil Bill in accordance with Form 2B of the Schedule of Forms annexed hereto, entitled in the matter of the Act under which the proceeding is taken and of the trust or settlement, as the case may be, which said Civil Bill shall be entitled “Equity Civil Bill”.

At the foot of every Equity Civil Bill under this Order presented to the Court, and of every copy thereof, there shall be placed the names and addresses of the persons intended to be served therewith; and, if no person is intended to be served, a statement to that effect shall be made at the foot of the Civil Bill and of every copy thereof.

When no person is intended to be served with a Civil Bill, the County Registrar shall upon the issuing thereof, indorse a place of hearing and a day and hour therefor upon the appropriately amended Civil Bill and upon a sealed copy thereof.

Upon the hearing of any Civil Bill or any motion thereunder, the facts relied upon in support of or in opposition thereto shall be proved by affidavit unless the Judge otherwise directs.

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

Any person desiring to pay money, transfer stock, or deposit security in trust to attend the orders of the Court, shall make and shall file in the Office an affidavit entitled in the matter of the Act under which the proceeding is taken and of the particular trust, and setting forth—

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

Any person filing such affidavit may obtain from the County Registrar a certificate, entitled in the matter of the Act under which the money is to be lodged, the stock transferred, or the security deposited, and of the particular trust, that the affidavit has been filed.

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

In the case of stock, the person filing such affidavit may, upon the receipt of the certificate in the second last preceding rule mentioned, transfer the stock into the name of the County Registrar in trust to attend the orders of the Court, and shall forthwith leave the certificate of transfer with the County Registrar, who shall immediately indorse thereon a memorandum of the day and hour on which the same was received by him.

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

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

Any person entitled to, or claiming to be interested in, any funds in Court, or the trustee who desires the direction of the Court as to investment, paying out, or distribution of the whole, or any part of the funds or the income thereof, may issue a Civil Bill setting forth the particular trust in which he applies, and the substance of the order he seeks to obtain, and praying for the order and direction of the Court with respect to the funds so paid into Court and the rights of all persons thereto. Such plaintiff shall serve a copy of the Civil Bill upon all persons interested, claiming or appearing to be interested, in the said funds.

Where the Civil Bill relates to the capital of a fund in Court, the trustee and all persons interested in such fund shall be named in the Civil Bill as persons intended to be served therewith; and where the Civil Bill relates to the income only of the trust fund the trustee only shall be so named, unless and until the Judge shall otherwise direct.

Where any person avails himself of the provisions of this Order without sufficient reason, the Judge may direct such person to bear his own costs, and to pay the costs of any other persons, or to bear and pay any part of such respective costs.

Every originating application to the Court to have a person declared to be of unsound mind shall be commenced by Civil Bill in which Form 2F of the Schedule of Forms annexed hereto being a Civil Bill as to Capacity signed by the applicant and by his Solicitor (if any), and prior to the issue of such Civil Bill there shall be filed two affidavits, whereof one shall be made some person having an interest in the wellbeing of the person alleged to be of unsound mind, and the other by a medical practitioner.

The affidavit of the person having an interest in the wellbeing of such person shall set forth:—

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

The applicant or his Solicitor shall issue the Civil Bill and affidavits with the County Registrar, and as soon as shall be practicable after the issuing thereof, shall cause a copy of such Civil Bill to be served upon the person alleged to be of unsound mind, and upon the person with whom he resides, or under whose care he is, together with a notice of the issuing of such affidavits.

An Appearance and Defence to such Civil Bill shall be entered and delivered as the case may be in the manner and within the times specified in Order 15.

Upon the expiration of the time for Appearance, or, where an Appearance has been entered, upon the expiration of the time for a Defence the applicant or his Solicitor may serve notice of trial, and shall serve the same upon all persons who have been served with the Civil Bill, and upon such other persons (if any) as have entered an appearance thereto.

If the applicant or his Solicitor does not serve notice of trial within ten days after delivery of the Defence, then the person alleged to be of unsound mind, or any person who shall have entered an appearance on his behalf, may do so, or may apply to the Court by motion on notice to the applicant to have such Civil Bill dismissed for want of prosecution or may serve a notice of trial in accordance with Order 33 rules 4 and 5 of these rules.

Upon the hearing of such Civil Bill, the Judge, if he shall consider the evidence in support of the application insufficient, may require such other evidence as may seem to him necessary or expedient, and may direct a medical practitioner, other than the practitioner upon whose affidavit the Civil Bill was grounded, to report confidentially to the Judge upon the circumstances of the case, and may adjourn the hearing pending the receipt of such report.

If the Judge is of opinion upon the hearing of the Civil Bill that such person is of unsound mind and incapable of managing his person or property, and that the property requires to be protected and applied for his advantage, he may declare that such person is of unsound mind and incapable of managing his person or property, and that such property requires to be protected and applied for his advantage; and in that event he shall appoint, or give directions for the appointment of, a guardian of the person and property of the said person, and may commit to such guardian the care of the said person, and the management of his property. In any case in which the Judge may think proper he may appoint different persons guardians of the person and of the property. Where an order is made directing the appointment of such a guardian or guardians, the person to be appointed, unless otherwise ordered, shall give security to be approved by the Judge for the faithful discharge of his duties, and shall duly account for what he shall receive as such guardian, and shall pay the same as the Judge shall direct.

In any case in which the Judge shall declare a person to be of unsound mind and incapable of managing his person or property, or in any case in which he shall dismiss the Civil Bill, the Judge may make such order as to costs and expenses of and incidental to the proceedings as to him shall seem right.

The medical practitioner visiting and reporting under the direction of the Court shall be allowed such fee as the Judge may think proper. Such fee shall be dealt with by the Judge and as part of the expenses of the proceedings, but shall in the first instance be paid by the petitioner, or by the Solicitor having carriage of the proceedings, as the Judge may direct.

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

Should the property increase in value, the guardian shall notify the fact to the County Registrar; and if the property is enlarged by such increase beyond the jurisdiction of the Court, the County Registrar shall notify this fact to the Court and to the Registrar of Wards of Court.

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

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

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

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

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

Every application to the Court subsequent to the judgment upon a Civil Bill as to Capacity shall be made by motion grounded upon an affidavit setting forth the facts relevant to the application.

Subject to the foregoing rules, the rules and practice in relation to persons of unsound minds and wardship for the time being relating to the jurisdiction of the President of the High Court shall, so far as applicable, apply to all proceedings in respect of persons of unsound mind in the Circuit Court.

When the County Registrar is directed to make inquiries or take accounts, otherwise than during and as part of a case actually being heard by the Judge, he shall by summons returnable not less than seven days from the date thereof, addressed to all parties entitled or required to attend, direct such parties to attend before him at the Office, or at such other place as the Court shall direct for the purpose of proceeding with such inquiries or accounts.

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

When advertisements are ordered by the Court the County Registrar shall cause the same to be prepared and they shall state the time, place, and purpose of such sitting, and shall be published not later than fourteen days before the date of such sitting.

Subject to any directions or rulings of the Court or the County Registrar, any books in which the accounts, or any of them, of the accounting party have been kept shall be taken as prima facie evidence of the truth of the matters therein contained.

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

Every claim by a creditor, incumbrancer or other person, if not admitted, shall be verified by affidavit, or supported by such other evidence as the County Registrar shall require, but such person need not appear in support of his claim unless required to do so by the County Registrar.

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

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

In case any creditor, incumbrancer or other claimant shall neglect or refuse to comply with the last two preceding Rules, he shall be disallowed any costs of proving his claim unless the Court shall otherwise direct.

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

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

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

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

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

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

The County Registrar shall, in all cases not disposed of by him during and as part of a case actually being heard by the Court, have his certificate prepared and notice given to all parties interested therein, or affected thereby, fourteen clear days before presenting the same, that they may inspect it in the Office.

Copies of such certificate may be obtained by any person entitled thereto upon payment of the prescribed fees.

Where any party interested in or affected by a certificate of the County Registrar desires to have the same varied, he may apply to the Court by motion on notice on the day appointed for presenting the same, and the Judge shall thereupon hear such application and determine the subject matter thereof, and shall confirm or vary the certificate or make such further order as to him shall appear right.

Application under the last preceding Rule shall be made on notice to all parties to be given not later than four clear days before the day appointed for presenting the certificate, and such notice shall state the nature or particulars of the variation required.

Every Certificate of the County Registrar shall be presented to the Court by the County Registrar for confirmation, and thereupon the Judge may confirm or otherwise deal with same in such manner as to him may seem right. Every certificate as approved by the Court shall be forthwith filed in the Office.

The Judge may, if the special circumstances of the case require it, upon an application by motion for the purpose, direct a certificate to be discharged or varied at any time after the same has become binding on the parties.

The Judge may at any time on his own initiative, or upon a reference from the County Registrar, or upon the application of any person interested, make such further order or give such further directions as may be necessary for the purpose of taking any account, or holding any inquiry previously directed. Four clear days' notice of such reference or application shall be given to all interested parties.

When any matter is referred to the County Registrar he shall, as soon as conveniently may be, ascertain by advertisement or otherwise if there are any persons who, if the Order had been made in an action pending in the former High Court of Chancery, ought to be served under Rule IX of Section 66 of the 30 and 31 Vic. c.44 (Chancery (Ir.) Act, 1867).

Any notice necessary under the last preceding Rule shall be prepared by the party having carriage of the proceedings and submitted to the County Registrar for his approval. After such approval the notice shall be served by the party having carriage, and any party served therewith may thereupon attend the proceedings under the order.

Any party who shall be served with such notice may apply to the Court to set aside, vary, or add to the order. Such application shall be made within ten days after service of such notice, or within such extended time as the Judge may allow.

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

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

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

Every application in respect of an Excise licence for the sale of intoxicating liquor shall be made at the Sittings of the Court held in the town nearest to the premises to which the application relates, and in the county in which such premises are situate.

Every such application shall be preceded by a notice signed by the applicant stating his intention to apply to the Court for a certificate to enable him to obtain an excise licence to sell intoxicating liquor for consumption on the premises, and setting forth the situation and place of the premises, as well in respect to the road or highway on or adjacent to which it lies, or otherwise in a true and particular manner specifying the town, townland, and if in a city or town, the street, square, lane, or other description of place, together with the number of such premises, if such premises shall have been numbered, and also the place of abode of such person, and further stating the Sitting of the Court at which the application is to be made. On the hearing of such application the applicant shall produce to the Court a map or plan upon which the premises the subject-matter of the application are outlined in red with the area to be licensed clearly delineated.

Every such notice shall state at the head thereof the Act and Section of the Act under which the application is intended to be made.

Such notice shall be served upon:—

Save in the Dublin Circuit, such notice shall be served at least twenty-one days before the day upon which the application is to be made. In the Dublin Circuit, such notice shall be served at least twenty-one days before the day upon which such application is intended to be made, and shall operate to set down the application for hearing upon any day after the expiration of the said time upon which the application may come on for hearing in its order in the list.

(a) This rule shall not apply to the Dublin Circuit; such notice shall, not less than 21 days before the day upon which the application is to be made, be advertised in a newspaper circulating in the place in which such premises are situate, and a copy of such newspaper shall be lodged with the County Registrar immediately upon its issue.

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

(a) Any person desirous of taking proceedings in the Court for the purpose of obtaining a grant, or revocation of a grant, of Probate or Letters of Administration shall issue a Civil Bill in the form prescribed in Form 2G of the Schedule of Forms; such Civil Bill shall be headed with the words “Testamentary Civil Bill.” Save in relation to proceedings aforementioned, any person desirous of taking proceedings in the Court pursuant to the provisions of the Succession Act, 1965 shall issue a Civil Bill in the form prescribed in Form 2H of the Schedule of Forms; such Civil Bill shall be headed with the words “Succession Law Civil Bill”. On issuing a Testamentary Civil Bill or a Succession Law Civil Bill the plaintiff shall, if he has not already done so, lodge a caveat in the Probate Office entitled in the estate of the deceased person. Following the issuing of the Testamentary Civil Bill, details of the lodgement of the caveat shall be endorsed thereon by the Probate Office prior to service thereof. Thereafter, the caveat lodged in the matter will continue in force until the Probate Office is satisfied that the proceedings have been completed whether determined, discontinued or otherwise.

In any such action the indorsement shall show whether the plaintiff claims as creditor, executor, administrator, residuary legatee, legatee, next-of-kin, heir-at-law, devisee, or in what other character.

Where any person shall have lodged a caveat against the grant of Probate or Letters of Administration, and proceedings are taken to obtain such a grant, that person shall be a defendant.

In proceedings for the revocation of Probate or Letters of Administration, the person applying for such revocation shall be plaintiff, and the person to whom such grant has been made shall be a defendant.

If upon the hearing of any Probate action it shall appear to the Judge that any person or persons not already a plaintiff or defendant therein ought to be made a party or parties to the suit, he may adjourn the proceedings and direct that such person or persons shall be made parties thereto by amendment of the Civil Bill.

Any of the next-of-kin of any alleged testator or intestate, or any beneficiary of any alleged testator, may appear at the hearing of any Probate action although he may not have been made a party to the same or served therein.

In any Probate action any defendant may propound a will by way of counterclaim.

Any party may rely on wills alternatively in his pleadings.

In Probate actions the plaintiff and defendant, within ten days of the entry of an appearance on the part of the defendant, shall respectively file affidavits as to scripts, whether they have or have not any script in their possession. Such affidavits shall be in the form set out at Form 28 in the Schedule of Forms with such variations as circumstances may require.

Every script in the custody or under the control of the party making the affidavit shall be annexed thereto, and deposited therewith in the office.

No party to the cause, or his Solicitor, shall be at liberty, except by leave of the Court, to inspect the affidavits as to scripts, or the scripts annexed thereto, filed by any party to the cause, until his own affidavit as to scripts shall have been filed.

The party opposing a will may with his Defence give notice to the party setting up the will that he merely insists upon the will being proved in solemn form of law, and only intends to cross-examine the witnesses produced in support of the will, and he shall thereupon be at liberty to do so, and shall not in any event be liable to pay the costs of the other side unless the Judge shall be of opinion that there was no reasonable ground for opposing the will.

In all actions for the recovery of land the Civil Bill shall contain a sufficient description of the property sought to be recovered, and the place wherein the same is situate.

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

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

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

The defendant in any ejectment for non-payment of rent, or any person having a specific interest in the contract of tenancy, may at any time before the decree for possession shall have been executed, pay to the plaintiff, or his Solicitor, all rent and arrears of rent due at the time of the service of the Civil Bill, and a sum sufficient to cover the plaintiff's costs, or may tender the same, and, in case such tender be refused, may lodge the same in Court and give notice to the plaintiff or his Solicitor of such lodgment, and thereupon the Judge may order all further proceedings to be stayed upon payment of such costs incurred up to the date of tender as he may deem reasonable, and the money so lodged, or a sufficient part thereof, shall be paid over to the plaintiff or his Solicitor.

The Judge, upon pronouncing a decree in any ejectment where there shall be more than one defendant, may order that the costs of such ejectment shall be paid by one or more of such defendants and not by the other or others of them.

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

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

In this Order “the Act” means the Landlord and Tenant (Amendment) Act, 1980 (No. 10 of 1980).

All applications shall be brought by Civil Bill being a Landlord and Tenant Civil Bill in accordance with Form 21 in the Schedule of Forms, or such modifications thereof as may be appropriate.

All Landlord and Tenant Civil Bills shall be dated and shall bear the name, address and description of the plaintiff and an address for service of proceedings, and shall be signed by the party's Solicitor, if any, or, where the plaintiff does not have a Solicitor, by that party personally.

On the issuing of a Landlord and Tenant Civil Bill, the rules as set down in Order 11 of these Rules shall apply mutatis mutandis.

If a respondent wishes to dispute wholly or partly the claim of the plaintiff, he shall, within ten days after the service on him of the Civil Bill enter an Appearance and within a further ten days shall deliver to the plaintiff and any other parties a Defence in accordance with Form 6A in the Schedule of Forms, or as near thereto as the circumstances admit.

There shall be attached to every such Civil Bill, and served and filed therewith, any documents therein referred to as annexed thereto.

Save by special leave of the Court, all proceedings under the Act shall be heard upon oral evidence.

Any application under the 1980 Act may be brought together with any other application or applications upon the same Civil Bill.

Upon the application on notice of any party, the Judge may order any other party to deliver fuller and better particulars of any matters stated in the Civil Bill or Defence, or to deliver copies of any documents referred to therein. The costs of and incidental to any such application shall be in the discretion of the Judge. In case of non-compliance with any such order the Judge may deal with the matter as to him shall seem right.

Any person desirous of paying money into Court pursuant to Section 61 or Section 62 of the Act shall be entitled to obtain from the County Registrar a privity for such purpose, and such money shall be paid in upon such privity.

A person who has so paid money into Court shall forthwith serve notice of such payment upon the tenant, if the payment is in pursuance of Section 61 of the Act, and upon the tenant and the alleged mortgagee, if the payment is in pursuance of Section 62 of the Act. Such notice of payment shall state the distinguishing letter and number of the privity.

In this Order “the Act” means the Landlord and Tenant (Ground Rents) Act, 1967 .

An appeal to the Court under Section 22 (1) of the Act, shall be commenced by the issue of a Notice of Motion, which shall be in accordance with Form 32A of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate, and shall be called an action.

The appellant shall be the plaintiff and the other party to the arbitration under the Act shall be the defendant.

The Notice of Motion shall state whether the appeal is from the whole or part of the award, order or other decision of the County Registrar, and if the appeal is from a part only it shall specify such part.

An application to the Court under Section 22(3) of the Act for leave to enforce the award or order of the County Registrar shall be commenced by the issue of a Notice of Motion which shall be in accordance with Form 32B of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate, and shall be called an action.

The applicant shall be the plaintiff and the other party to the arbitration shall be the defendant.

In every action the Notice of Motion shall be served in accordance with the provisions of Order 11 of these Rules. The Notice of Motion in an action by way of appeal to the Circuit Court under Section 22 (1) of the Act shall be served within six weeks after the date of the award, order or decision of the County Registrar.

This Rule shall not apply to the Dublin Circuit. Every Notice of Motion shall state the date of commencement of the Sittings at which it is intended that the action shall be listed for hearing, and shall be filed in the Office not later than twenty-one days before the commencement of such Sittings.

This Rule shall apply to the Dublin Circuit only. Every Notice of Motion shall state the date upon which it is desired that the action shall be listed for hearing, and shall be filed in the Office not later than twenty-one days before such date.

Upon the filing in accordance with these Rules of the Notice of Motion the County Registrar shall enter the same for hearing.

Every Notice of Motion shall be filed within seven days of the service thereof on the respondent, or, if there be more than one respondent, within seven days of service on the respondent last served. In default of such filing any respondent may himself file the same, and thereupon or at any time thereafter the Judge may make such order as to him shall seem right.

If a respondent wishes to dispute wholly or partly the claim of the plaintiff, he shall, within ten days after the service on him of the Notice of Motion, serve on the plaintiff and any other parties a Defence in accordance with Form 6A of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate, and such Defence shall be delivered to the plaintiff within seven days after the date of the last service thereof.

Every Notice of Motion shall be dated, and bear the name, address and description of the plaintiff, and shall be signed by his Solicitor, if any, or, if none, by himself.

Save by special leave of the Court every action under the Act shall be heard upon oral evidence.

A copy certified by the County Registrar of the award, order or decision appealed from or in respect of which an application is made shall be produced to the Court by the plaintiff on the hearing of the action.

In every action to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.

In this Order, “the Act” means the Malicious Injuries Act, 1981 , (No. 9 of 1981).

All applications shall be brought by originating Motion on notice in accordance with the Form 33A in the Schedule of Forms or such modification thereof as may be appropriate. Every Motion issued under this Order shall name as defendant the Local Authority upon which the preliminary notice under Section 8 of the Act has been served and shall be dated and bear the name, address and description of the plaintiff and shall be signed by his Solicitor, if any, or if none, by himself. The application shall be commenced in the County in which the Local Authority against which an award of compensation is sought and upon which the preliminary notice has been served is established.

Every Motion issued under this Order and every notice under Section 10 of the Act shall be served by registered post, or in any of the modes in which a Civil Bill may be served, upon the County Secretary or Town Clerk of the Local Authority to be served, provided that such service need not be effected by a Summons Server.

This Rule shall not apply to the Dublin Circuit. Every Motion issued under this Order shall state the date of commencement of the Sittings at which it is intended that the Motion shall be listed for hearing, and a copy thereof, with the endorsement of Service thereof shall be filed at the Office by the plaintiff not later than ten days before the commencement of such Sittings.

This Rule shall apply only to the Dublin Circuit. Every Motion shall state the date on which it is intended that the application shall be listed for hearing and a copy thereof, with the endorsement of service thereof, shall be filed by the plaintiff at the Office not later than ten days before such date.

Every notice under Section 10 of the Act shall set out the grounds to be relied upon for a request to the Court that any compensation awarded should be paid wholly or partly out of the funds of the notice party. There shall be attached to and served with every notice under Section 10 a copy of the preliminary notice which has been served upon the Local Authority.

Any Local Authority which intends to seek a reduction or exclusion of compensation pursuant to the provisions of Sub-Section (1) or Sub-Section (3) of Section 12 of the Act shall give to the applicant seven days notice of its intention to rely upon the same and such notice shall indicate the provision or provisions intended to be relied upon and shall give such particulars in relation thereto as shall adequately inform the applicant of the nature of the case which the Local Authority intends to make under the said Section. In the case of non-compliance with this Rule the Judge may adjourn the application or deal otherwise with the matter as to him shall seem meet.

Non-compliance with these Rules shall not render any Proceedings void unless the Court shall so direct.