Court and chamber business. Orders and rulings. Officers and oath of officers. Attested copies of documents. 66 the Sale and Transfer of Land in Ireland,"* and pursuant to the provisions of the same, do hereby rescind the General Rules and Orders of the said Court, made on the 20th day of October, 1858, and numbered from 2 to 134, both inclusive, but not so as to affect the validity of any act done under or by virtue of the said Rules, or to alter the procedure under any notices now pending; and we do add to the code of General Rules of the said Court the Rules following; 1.. [Rule 1 was rescinded by the Rules of March 14, 1878, printed at p. 36 below.] 2. The Court shall from time to time direct what business shall be "Court business," and all other business shall be transacted in chamber; and the Judge may transfer any matter or motion from chamber to Court, or from Court to chamber, as may appear expedient. Except in the case of a party appearing in person, no motion shall be moved, nor shall any person be heard before the Court except by counsel; but no attendance of counsel in chamber shall be allowed on taxation, unless certified for by the Julge. In Court and in chamber all orders and rulings shall be taken down by the chief clerk, and entered in proper books to be kept for the purpose. 3. Every order and ruling shall be entered in the "General Order Book" to be kept in the registrar's office, unless the Judge shall direct it not to be so entered; but the Judge shall not give such direction if any person affected by such order or ruling require the same to be entered. Attested copies of all orders and rulings may be procured in the registrar's office on payment of 1d. for every folio of seventytwo words. 4. . [Rule 4 was rescinded by the Rules of March 14, 1878, printed at page 36 below.] 5. The Judges may transfer any clerk from one department to another, or may direct any officer or clerk in the general offices of the Court to perform other or additional duties to those imposed on him by the General Rules, or usually performed by him; and every officer and clerk, before executing the duties of his office, shall take the following oath, which any Judge may administer; 66 A.B., do solemnly and sincerely swear that I will duly and faith fully, and to the best of my skill and power, execute the duties of the office of (as the case may be) the Landed Estates Court, Ireland, and all other duties which I may from time to time be directed to discharge by any order of the Court, or of the [Judges thereof] (or if the officer shall be immediately attached to the chamber of one of the Judges), [Judge to whose Court or chamber I am or shall be immediately attached]. "So help me, God." 6. Attested copies of all documents filed may be obtained on payment of 1d. for every folio of seventy-two words. The Landed Estates Court (Ireland) Act, 1858. All attested copies shall be fairly written, and shall be divided and paragraphed like the original documents, and shall be signed by the principal officer of the department or his first assistant; and shall be sealed in the registrar's office, if the person bespeaking the copy so require. But no office copy shall be made of any abstract of title to lands, or part thereof, or of any deed or document in the custody of the keeper of the deeds, except by leave of the Judge. No copy without leave of Judge. 7. All original proceedings under the Act shall be com- Petition and menced by petition, to be addressed to the Court, and to schedules. be framed and entitled according to the forms approved of by the Judges. Every petition shall be fairly written on post paper, with sufficient margin, and shall state the address of the petitioner, and shall be signed by the petitioner, his counsel, or solicitor, and shall be verified by the affidavit of the petitioner, or one of the petitioners, or of his solicitor; and in case such petition be verified by the solicitor, he shall state in his affidavit the reason why such petition is verified by him and not by the petitioner. To every petition relating to lands shall be annexed the following schedules, accurately totted, or such of them as the nature of the case will admit of, so far as the petitioner's knowledge may enable him, viz. : (1). A schedule of the parcels or townlands, with the tenants on each, their respective quantities, rent, and tenure. (2.) A schedule of all rights of way, rights of turbary, or other rights or easements existing or claimed in or over the lands. (3.) A schedule of all charges and incumbrances existing or claimed; with the sum due on each for principal, interest, and costs. Proceedings to appoint trustees under the 66th section of Petition to the Act, and proceedings to effect a partition, or an apportion- trustees. appoint ment of landlord's rent, not prayed for in petition for sale, shall be by supplemental petition, to be framed and entitled Partition, &c. according to forms approved of by the Judges; and shall be written, signed, and verified, as above directed. Proceedings to carry into effect a decree or order for sale made by any other Court shall be commenced by petition, as above mentioned; and in case such decree or order shall direct a sale of a term of years, the petitioner may pray for a sale of such larger estate as the Court may have power to sell. and accom 8. Every petition shall be accompanied by a copy certified Copy of by the solicitor, and entitled "Court Copy." Every petition petition for execution of a decree or order for sale made by any other panying Court shall be accompanied by a copy of such decree or order. documents. With every petition by an incumbrancer, not being the person Supplemental petitions. Mode of attaching petition matter before a Judge. Amendment to petition. Where declaration of title, or sale of unin cumbered or settled estate is prayed. Consent of married woman to application to the Court. in whose favour the incumbrance was originally created, or his executor or administrator, shall be lodged a statement of his title to his incumbrance. The clerk of the records shall, immediately on receiving any petition, endorse thereon, and on the accompanying documents, the date of receiving them; and shall also endorse on all of them the number indicating the order in which the petition has been received. Supplemental petitions, and documents lodged therewith, shall be endorsed with the number of the original petition, and with a distinguishing letter. Every petition shall be entered in an index book in the Record Office, with the name of the Judge before whom such petition is to be sent. 9. The clerk of the records shall forthwith transmit the Court copy of every original petition, and the accompanying documents, to the examiner of the Judge in rotation; and shall, if required, give a certificate that such petition is filed, in order that the matter may be registered as a lis pendens.* All subsequent proceedings shall be conducted before the Judge to whom the original petition has been referred. Provided that the petition and proceedings may at any time be transferred from the Judge to another Judge, on the joint fiat of such Judges, and on such transfer, the minute in the index book kept by the clerk of the records shall be altered accordingly by him. 10. No amendment shall be made in any petition after it has been sent before a Judge without the Judge's leave. All amendments shall be duly verified, and shall be dated and initialed by the clerk of the records, and shall be made both in the petition and the "Court Copy;" but no costs of any amendment shall be allowed on taxation without the Judge's direction. 11. Before an order be made on a petition for a declaration of title, or for sale of an unencumbered estate, a full abstract of title shall be lodged. No conditional order for a declaration of title shall be made until after the publication, directed by the 52nd section of the Act, shall have been made; and no order on a petition for sale of a settled estate (19 & 20 Vict. c. 120)† shall be made until one month after the publication of the notices directed by section 20 of the Leases and Sales of Settled Estates Act† shall have been made; such publications to be vouched before the examiner. 12. When any married woman joins in, or consents to any application to the Court for a sale under the said Act to facilitate leases and sales of settled estates,† or when any married woman petitions for, or joins in a petition for, the *See Rule 19. Printed at p. 12 below. + Repealed by section 58 of the Settled Estates Act, 1877 (40 & 41 Vict. c. 18.). sale of an unincumbered estate, the Judge shall, before making a conditional order, be satisfied that such married woman is aware of the nature and effect of the application and that she freely consents thereto; and for this purpose an appointment shall be made with the examiner, for her attendance before the Judge for the purpose of being examined as aforesaid; or the Judge may, at his discretion, appoint some solicitor to make such examination, who shall for that purpose be furnished by the petitioner's solicitor with an office copy of the petition; and the solicitor so appointed shall certify to the Judge that he has made such examination, and the result thereof, and his certificate shall be verified by affidavit. on applica tion for declaration of title or 13. When the petition prays a declaration of title or sale of a Vouching adsettled estate, the petitioner's solicitor shall attend the vertisement examiner with proof that the advertisements directed by the Acts or by the Judge have been published, and with a certificate of appearances signed by the clerk of the records; and the examiner shall examine such proof and certificate, and shall annex to the Court copy of the petition a certificate that the advertisements have been published, and shall lay the petition before the Judge. sale of settled estates. When the order may be absolute at made 14. An order for sale on a petition praying execution of a decree or order for sale, made by any other Court, or an order for sale of an unincumbered estate, may be made absolute in the first instance, if the Judge think fit; but the registrar first. shall not allow any absolute order for sale of an estate in fee, whether there has been a conditional order or not, to issue from his office, until he shall be satisfied that the notice by the 62nd section of the Act, required to be given to the Commissioners of Her Majesty's Woods and Forests, has been duly served on such Commissioners, or on a person appointed by them for that purpose. 15. The clerk of the records shall keep a book to be called the "Appearance Book," in which any person claiming to be interested in the subject-matter of any petition shall be at liberty, personally, or through his solicitor, to enter an appearance for the purpose of being served with notices, and the address therein stated may be altered by him from time to time; and any person so appearing may withdraw his appearance. The appearance may be either general or special, in order that the person appearing may have notice of any particular proceedings to be therein specified, and shall be in a form to be approved of by the Court; and a certificate of appearances shall be produced to the Judge, upon the hearing of any motion upon notice, in order that the Judge may ascertain whether proper parties have been served with such notice. Every person entering or withdrawing an appearance shall give notice thereof in writing to the solicitor who has the carriage of the proceedings; and no second or other ap Woods and served in Entering and withdrawing appearance, notice, &c. Service of guardian or next friend to appearance by any person shall be permitted until the previous appearance be withdrawn. 16. Whenever the Court, under the powers of the 73rd section of the Act, shall appoint any person to act as guardian good service. or next friend of a person under disability, the order made to that effect shall be served on such first-mentioned person by the solicitor having the carriage, and all notices and orders subsequently served upon such person shall be deemed to have been duly served upon the party so under disability; but any person interested may apply to the Judge to rescind or vary the order appointing such guardian or next friend. Delay in the conduct matter. Showing cause against conditional order on a petition. Making order absolute. 17. The Judge shall, from time to time, with the aid of the examiner, investigate the state of each matter, and the proceedings therein; and if any case appear not to have been prosecuted with due diligence, the party having the carriage shall be required, by notice in writing, to attend the Judge in chamber to explain the reason of the delay. The Judge may, if he think fit, transfer the carriage to some other party interested, or may dismiss the petition, and, in either case, may make such order as may seem right as to costs, and may order the transfer of all papers and documents connected with the case. No petition shall be withdrawn or dismissed without leave of the Judge; nor shall the several proceedings thereon be stayed or delayed beyond the time at which the same respectively might be taken, without the sanction of the Judge; and it shall be the duty of the solicitor having the carriage of any proceeding to prosecute the same with due diligence and effect, according to the course of the Court, and to take the Judge's directions upon any cause of delay which may arise. 18. Any person desiring to show cause against a conditional order made on a petition, must enter an appearance, and serve on the petitioner a notice of cause referring to any affidavit or other document on which he relies; and unless the petitioner shall, within the time specified in the conditional order, or within four days thereafter, serve notice of motion to make the same absolute, the person showing cause may cause a rule to be entered in the office allowing his cause; and on such rule being entered, the cause shall be deemed to be allowed, and the party showing cause may proceed to tax his costs of resisting such conditional order; but if no cause be shown within the time specified, or if the cause be disallowed, the party having carriage shall attend in the registrar's office to prove the services of the conditional order, and that no cause has been shown, or that the cause has been disallowed; and thereupon the registrar shall proceed to make out the absolute order; and shall transmit to the Judge's examiner a certificate that such order has been made absolute, and issued from his office. Proceedings 19. After the order has been made absolute, the solicitor after making having carriage of proceedings shall register the petition as a |