collector of rates shall be entitled on application to obtain from the Court a certified copy of any order for remission made by that Court within the year last past in respect of rates assessed on an applicant. Certificate where Occupier's Liability Notice has not been served. certificate 36. Where an owner of land has failed to serve an occu- Applicapier's liability notice, and wishes to obtain a certificate tion for from the Court under sub-section six of section two of the where Act, he shall send an application to the registrar according occupier's to the form in the Appendix, and shall at the same time liability send a copy or duplicate of the application to the occupier served. in respect of whose liability to pay the tithe rent-charge [Form 28.] the notice has not been served. notice not 37. The registrar shall appoint a day for the hearing of Day to be the application, and shall send notice of the day appointed for hearing appointed to the said owner and occupier, and in the notice to the of applicaoccupier shall state that he may appear and be heard on tion for that day in opposition to the granting of a certificate. [Forms 29 The notice shall be given not less than ten clear days and 30.] before the day named for the hearing. certificate. 38. All costs of any such application shall be paid by Costs of the owner of land making the same, unless the Court is of applicaopinion that the opposition to the application is frivolous or vexatious. Procedure for the Recovery of Rates. tion. 39. Where a collector is unable to recover any rate Notice of assessed on the owner of tithe rent-charge by proceeding application by colagainst such owner as against an occupying ratepayer, and lector of desires to obtain an order of the Court under sub-section rates. two, or under sub-sections two and three of section six of [Form 31.] the Act, he shall send to the registrar a notice of such application according to the form in the Appendix, and as many duplicates or copies thereof as there are persons to be served therewith. On the filing of such application the same procedure shall be followed, as far as applicable, as to the serving of notice of the application, as to notice of opposition, as to the [See Forms hearing of the application and the making of an order, as 32, 33, and 34.] Application by collector for en on an application for recovery of tithe rent-charge, with the substitution of the rate collector for the applicant, and the owner of the tithe rent-charge and the owner of the lands out of which the tithe rent-charge issues for the respondent, and of an order for the recovery of rates under section six of the Act for an order for the recovery of tithe rent-charge. 40. An order on the owner of lands to pay the tithe rent-charge to the collector until the amount of the rate and any costs allowed by the Court are fully paid shall further forcement order that, if any sum due on account of tithe rent-charge is not within three months paid to the collector by the owner of the lands, the order will be enforced, on the ex parte application, of the collector, either by appointing a receiver or by appointing an officer of the Court to distrain upon the lands as the case may be. of order. 35.] Order as to rates where order has been ob tained for recovery of tithe rent charge. Costs at of Court. 41. Where a collector makes an application for the enforcement of an order on the owner of the lands to pay the tithe rent-charge to him, and an order has already been made in respect of arrears of tithe rent-charge on the application of the person entitled thereto, the Court, instead of making the order provided in the foregoing rule, may order that any money recovered, either by a receiver or by an officer of the Court appointed to distrain, shall be applied first in payment of the costs allowed by the Court, and of the amount due on account of the rates. Costs. 42. Subject to the provisions of the Act and these rules, discretion all costs of and incident to any application to the Court or any proceeding under the Act or these rules shall be paid by or apportioned between the parties to the application in such manner as the Court thinks just, and, in the absence of any special direction, shall abide the event of the application. Taxation of costs. 43. Subject to the provisions of the Act and these rules, all costs shall be taxed by the registrar of the Court, and the same scale of costs shall have effect, and the same allowances shall be made to witnesses as in similar proceedings under the County Courts Act, 1888. Service of Notices and Documents. service. 44. Any person other than an applicant may give an Address for address for service by sending a copy of an address in England or Wales to the registrar stating that it is to be an address for service. The address given in an applicant's notice of application shall, if an address in England or Wales, be taken to be his address for service. notices, &c. 45. Any notice or other document may be served on an Service of applicant, owner, or occupier of lands, or any other person by sending the notice or other document by registered letter through the post to the address for service of the person to be served, or if no address for service has been given, to his last known address in England or Wales. where pro ceedings taken 46. Where any proceeding under the Act is taken against Service an owner of lands without naming him, then service of any notice or document may be sufficiently effected as follows:(i.) A copy of the notice or document shall be delivered without at the house of the occupier of the lands, if one can naming be found on the lands, with a direction to such land. occupier to forward the same to the person to whom he pays rent; and (ii.) One or more copies of the notice or document shall be posted on some conspicuous part or parts of the owner of 47. Where, from any cause, the service of a notice or Substidocument cannot be made according to the foregoing pro- tuted service by visions of these rules, the Court may, upon an affidavit order of showing sufficient grounds, make such order for substituted Court. service, or for the substitution for service of notice by advertisement or otherwise as the Court thinks fit. where 48. Where service is required under these rules to be Service made on an owner of lands through the occupier or through additional the person receiving the rents and profits of the lands for service is or on behalf of the owner, the registrar shall send a copy desired. of the document to be served by registered letter through the post to that occupier or person, having previously endorsed on the copy a request to that occupier or person to send the same to the person to whom he pays rent or for whom he receives rent, as the case may be. Service on owner in receipt of rents and profits good ser vice on other owners. Provision as to service of notice to apply to giving of notice, &c. Joinder of new parties. Applications in same Court 49. Where land is owned by two or more owners of land, either as joint owners or otherwise, service of a notice or document on one of such owners who is in receipt of the whole or part of the rents and profits of the land shall, unless the Court otherwise directs, be deemed to be good service on all the owners, other than an owner in possession. 50. The foregoing provisions as to the service of any notice or document shall apply where any notice or document is to be given, delivered, or sent under these rules. Supplemental. 51. Where any proceedings are taken by a joint owner of a tithe rent-charge, or against a joint owner of lands when such proceedings should, in the opinion of the Court, have been taken by or against all the joint owners, then on application by any such joint owner, the Court may adjourn the proceedings in order that the other owners may be joined as parties, on such conditions as to payment of costs or otherwise as the Court thinks fit. 52. Where an applicant has several applications to make in the same Court for the recovery of tithe rent-charge in to be made the same parish, he shall so far as possible file notices of at the same such applications simultaneously, so that the Court may time. deal with them at the same time, and if an applicant neglects to file such notices simultaneously the Court may disallow any extra costs which in the opinion of the Court have been occasioned by such neglect on the part of the applicant. Conduct of proceedings. Clear days. 53. Where there are joint owners of a tithe rent-charge or of lands out of which tithe rent-charge issues, or where more than one application is made in respect of tithe rentcharge issuing out of the same lands, the Court may order any proceedings taken to be taken jointly, and may order which person shall have the conduct of the proceedings. 54. In these rules the expression "clear days means that in all cases where any particular number of days is prescribed for the doing of any act or for any other purpose, the same is to be reckoned exclusive both of the first and of the last day. with rules 55. Non-compliance with any of these rules, or any rules Non-comincorporated therewith, or with any rule of practice for the pliance time being in force, shall not render any proceedings void not to unless the Court shall so direct, but such proceedings may render probe set aside either wholly or in part as irregular or ceedings amended, or otherwise dealt with in such manner and upon such terms as the Court shall think fit. void. Court. 56. The registrar may, under the general or special Exercise of directions of the judge, exercise any powers or perform powers of any duties of the Court under these rules, and in these rules the expression "Court" includes a judge or registrar exercising the powers of the Court in chambers as well as in open Court, but the registrar shall not deal with or decide any matter which is opposed or in which notice of opposition has been given and the person who has given notice of opposition appears, except on the application of the persons appearing in the matter. cedure to 57. Where any matter or thing is not specially provided County for under these rules, the same procedure shall be followed Court proand the same provisions shall apply so far as practicable as apply in a similar matter or thing under the County Courts Act, where no 1888, and the rules made in pursuance of that Act. procedure provided. 58. The forms in the Appendix where applicable, and Forms in where they are not applicable forms of the like character Appendix. with such variations as circumstances may require, shall be used. |