Appendix G: The Examiner
O.55, r. 11
NOTICE TO PROCEED.
_______
[Title of suit ].
Take notice that this case will appear in the list in the Examiner's Office on ... the ... day of ..... 20... at eleven o'clock in the forenoon on the hearing of an application on the part of the [plaintiff] to proceed with the accounts and inquiries directed by the order made herein dated the ... day of ..... 20... [or as the case may be].
Dated
(Signed)
_______
O. 55, r. 5
NOTICE TO ATTEND BEFORE EXAMINER.
_______
[Title of suit ].
To
You are hereby summoned to attend at the Examiner's Office, Four Courts, Dublin, on ... the ... day of ..... at ... o'clock in the ... noon to be examined on the part of ..... for the purpose of proceedings directed by the order made herein dated the ... day of ..... to be taken before me.
Dated
Examiner.
This summons was taken out by ......... ,
Solicitor for
_______
O. 55, r. 26
ADVERTISEMENT FOR CREDITORS AND INCUMBRANCERS (ADMINISTRATION SUIT).
_______
[Title of suit].
Pursuant to an order of the High Court made in the above-mentioned suit, the creditors of ..... late of [full address and description] who died in or about the month of ..... 20..., are on or before the ... day of ..... 20... , to send by post prepaid to ...... of ....... [a member of ....... the firm of ....... ] solicitor(s) for the ......., the executor of the will of the said ....... deceased [or as the case may be] the full particulars of their claims and the nature of the securities (if any) held by them; [Add where necessary and all persons claiming to be incumbrancers affecting the freehold registered land or other real estate of the said ....... deceased are to enter their claims at the Examiner's Office, Four Courts, Dublin, on or before the said ....... day of ....... 20 , and to prove such claims by affidavit on or before the same day] or in default thereof they will be peremptorily excluded from the benefit of the said order.
Every creditor [add where necessary or claimant] holding any security shall, if as required by notice in writing from the said ....... produce such security as required by such notice.
Dated
Examiner.
_______
O. 55, r. 26
ADVERTISEMENT FOR INCUMBRANCERS (MORTGAGE SUIT).
_______
[Title of suit ].
Pursuant to an order of the High Court made in the above-mentioned suit all persons claiming to be incumbrancers affecting the interest of the defendant in [short description of the property] are to enter their claims at the Examiner’s Office, Four Courts, Dublin, on or before the ....... the ... day of ..... 20... , and to prove such claims by affidavit on or before the same day or in default thereof they will be peremptorily excluded from the benefit of the said order. Every such incumbrancer holding any security is required to produce the same at the Examiner’s Office on the ....... day of ....... 20 ....... , at eleven o'clock in the forenoon, being the time appointed for adjudicating on the claims.
Dated
Examiner.
_______
O. 55, r. 26
ADVERTISEMENT FOR CLAIMANTS (LONG FORM).
_______
[Title of suit ].
To ....... and his children (if any) last heard of in ....... about the year 20....
Pursuant to an order of the High Court made in the above-mentioned suit, all persons claiming to be next of Kin [or as the case may be] of ....... deceased, who died at ....... on or about the ....... of ....... 20 , and particularly his uncle [or as the case may be] the said ....... and his children (if any) are required on or before the ....... day of ....... 20 ....... , to enter their claims at the Examiners' Office, Four Courts, Dublin, Ireland, and if so required by notice in writing from ....... shall prove such claim by affidavit within such time as shall be specified in such notice, or in default thereof they will be peremptorily excluded from the benefit of the said order. The ....... day of ....... 20 , at eleven o'clock in the forenoon at the Examiners' Office, has been appointed for hearing and adjudicating on the claims.
Dated
EXAMINER.
_______
O. 55, r. 26
ADVERTISEMENT FOR CLAIMANTS (SHORT FORM).*
_______
[Title of suit .]
X.Y. ....... and his children (if any) last heard of in ....... about 20 ....... are required to enter their claims to share in the estate of his uncle [or as the case may be] ....... deceased, at the Examiners' Office, Dublin, Ireland, on or before the ... day of ..... 20... .
Dated
Examiner.
*This Form is to be used only if specially directed.
_______
O. 55, r. 29
NOTICE TO CREDITOR TO PRODUCE DOCUMENTS.
_______
[Short title of suit].
You are hereby required to produce in support of the claim sent in by you against the estate of ....... deceased [describe the document required to be produced], before the Examiner, at his Office, Four Courts, Dublin, on the ....... the ... day of ..... 20... , at ....... o'clock in the noon.
Dated
(Signed)
To
_______
O. 55, r. 31
AFFIDAVIT OF EXECUTOR OR ADMINISTRATOR AS TO CLAIMS OF CREDITORS.
_______
[Title of suit ].
We, A.B., of, &c., the plaintiff [or defendant, or as may be], being the executor [or administrator] of Z late of ....... , in the county of ....... , deceased, and E.F., of &c., solicitor, severally make oath and say as follows:
I the said E.F., for myself, say as follows:
1. I have in the paper writing upon which marked A., I have signed my name before swearing this affidavit, set forth a list of all the claims the particulars of which have been sent into me by persons claiming to be creditors of the said Z, deceased, pursuant to the advertisement issued in that behalf dated the ... day of ..... 20... .
And I, the said A.B., for myself, say as follows:
2. I have examined the particulars of the several claims mentioned in the said paper writing marked A., and I have compared the same with the books, accounts and documents of the said Z. [or as the case may be] [and state any other inquiries or investigations made], in order to ascertain, so far as I am able, to which of such claims the estate of the said Z is justly liable.
3. From such examination [and state any other reasons] I believe, that the estate of the said Z, is justly liable to the amounts set forth in the sixth column of the first part of the said paper writing, marked A., and to the best of my knowledge and belief, such several amounts are justly due from the estate of the said Z, and proper to be allowed to the respective claimants named in the said schedule.
4. I believe that the estate of the said Z, is not justly liable to the claims set forth in the second part of the said paper writing, marked A., and that the same ought not to be allowed without proof by the respective claimants [or, I am not able to state whether the estate of the said Z is justly liable to the claims set forth in the second part of the said paper writing, marked A., or whether such claims, or any parts thereof, are proper to be allowed without further evidence].
5. Except as hereinbefore mentioned, there are not, to the best of my knowledge, information, and belief, any other claims against the estate of the said Z.
Sworn, &c.
_______
O. 55, r. 31
EXHIBIT REFERRED TO IN FORM No. 8.
_______
"A."
[Short title of suit].
List of claims, the particulars of which have been sent in to E.F., the solicitor of the plaintiff [or defendant, or as the case may be], by persons claiming to be creditors of Z, deceased, pursuant to the advertisement issued in that behalf dated the ... day of ..... 20... .
This paper writing marked A. was produced and shown to ....... and is the same as is referred to in his affidavit sworn before me this day of ....... 20 .
C.D., &c.
FIRST PART.—Claims proper to be allowed without further evidence.
|
Serial No. |
Names of claimants |
Addresses and descriptions |
Particulars of claim |
Amount claimed |
Amount proper to be allowed |
|
... |
... |
... |
... |
€ |
€ |
|
... |
... |
... |
... |
... |
... |
|
... |
... |
... |
... |
... |
... |
SECOND PART.—Claims which ought to be proved by the claimants.
|
Serial No. |
Names of claimants |
Addresses and |
Particulars of claim |
Amount claimed |
|
... |
... |
... |
... |
€ |
|
... |
... |
... |
... |
... |
|
... |
... |
... |
... |
... |
_______
O. 55, r. 35 (1)
NOTICE TO CREDITOR OF ALLOWANCE OF CLAIM.
_______
[Short title of suit.]
The claim sent in by you against the estate of Z, deceased, has been allowed at the sum of € ....... , with interest thereon at € ....... per cent. per annum, from the day of ....... 20 , and € for costs.
[If part only allowed, add] If you claim to have a larger sum allowed, you are hereby required to prove such further claim, and you are to file such affidavit as you may be advised in support of your claim, and give notice thereof to me on or before the ....... day of ..... 20 .... next, and to attend by your solicitor at the Examiner's Office, Four Courts, Dublin, on ....... day of ....... 20..., at o'clock in the ....... noon, being the time appointed for adjudicating on the claim.
Dated
(Signed)
To
_______
O. 55, r. 35 (2)
NOTICE TO CREDITOR TO PROVE HIS CLAIM.
_______
[Short title of suit].
You are hereby required to prove the claim sent in by you against the estate of Z, deceased. You are to file such affidavit as you may be advised in support of your claim, and give notice thereof to me on or before the ....... day of ....... next, and to attend by your solicitor at the Examiner's Office, Four Courts, Dublin, on the day of 20 , at o'clock in the noon, being the time appointed for adjudicating on the claim.
Dated
(Signed)
To
_______
O.55, r. 39
NOTICE THAT DRAFTS MAY BE RECEIVED.
_______
[Short title of suit].
The drafts for the amounts directed to be paid to the creditors of Z deceased by an order made in this suit dated the ....... day of ....... 20 ..... , may be received at the Office of the Accountant, Four Courts, Dublin, on and after the ....... day of 20... .
(Signed)
To
_______
NOTICE PURSUANT TO ORDER 33, RULE 5.
_______
[Title of suit ].
Take Notice that the plaintiff seeks to charge the defendant with the several sums of money set out in Part I of the schedule hereto beyond what the defendant has in his account marked "...." verified by the affidavit of the defendant filed the ....... day of ....... 20 ....... , admitted to have been received by him;
And further Take Notice that the plaintiff objects to the allowance of the items of disbursement in the defendant's said account set out in Part II of the schedule hereto.
Dated
(Signed)
Solicitor for the plaintiff.
To
Solicitor for the defendant.
The schedule before referred to.
PART I.
€ .... proceeds of sale of 5 sheep sold on the ... day of..... in addition to the amount debited at item .....
€ .... dividend for the year ended the .... day of ... on ....
€ .... War Loan Stock and not debited in the said Account.
PART II.
Items numbered ....... to ....... inclusive and € ....... part of item numbered ....... the estate of the deceased not being liable for same or any part thereof.
_______
O. 55, r. 48
MEMORANDUM FOR THE OPINION OF THE COURT.
_______
[Title of suit ].
Take Notice that the memorandum annexed hereto has been entered for hearing before the Court on ....... day the ... day of ..... 20... , at eleven o'clock in the forenoon or the first opportunity thereafter.
Dated
(Signed)
[On a sheet annexed to the above notice—repeat the title and continue]
Memorandum.
[Set out a concise statement of the facts and the difficulty].
The directions of the Court are sought by the (plaintiff) as to [set out the nature of the relief sought].
(Signed)
_______
O. 55, r. 48
REQUEST FOR OPINION OF THE COURT.
_______
[Title of suit ].
Take Notice that the annexed request of the (plaintiff) will appear before the Court for hearing on ....... day the ....... day of 20 ....... at eleven o'clock in the forenoon or the first opportunity thereafter.
Dated
(Signed)
To
[On a sheet annexed to the above notice—repeat the title and continue]
Request.
The (plaintiff) requests the decision of the Court that the ruling of the Examiner dated the ... day of ..... 20... whereby he did [set out the nature of the ruling] be (reversed) (varied) by [set out the nature of the relief sought].
(Signed)
_______
O. 55, r. 46
CERTIFICATE OF EXAMINER.
_______
[Title of suit ].
In pursuance of the directions given to me by ....... I hereby certify that the result of the accounts and inquiries which have been taken and made in pursuance of the judgment [or order] in this cause dated the ....... day of ....... is as follows:
The plaintiff and defendant and G.H., who was served with notice of said judgment / order; have attended by their respective solicitors, or as the case may be.
1. The defendants ....... the executors of ....... the testator have received personal estate to the amount of € ....... and they have paid or are entitled to be allowed on account thereof, sums to the amount of € ....... leaving a balance due from [or to] them of € ....... on that account.
The particulars of the above receipts and payments appear in the account marked ....... verified by the affidavit of ....... filed on the day of and which account is to be filed with this certificate, except that in addition to the sums appearing on such account to have been received, the said defendants are charged with the following sums, [state the same here or in a schedule] and except that I have disallowed the items of disbursement in the said account numbered ....... , and……
[Or in cases where a transcript has been made.]
The defendants ....... have brought in an account verified by the affidavit of ....... , filed on the ... day of ....... and which account is marked ....... and is to be filed with this certificate. The account has been altered, and the account marked ....... and which is also to be filed with this certificate, is a transcript of the account as altered and passed.
2. The debts of the testator which have been allowed, are set forth in ....... schedule hereto, and with the interest thereon and costs mentioned in the schedule are due to the persons therein named, and amount altogether to € ....
3. The funeral expenses of the testator amount to the sum of € ....... which I have allowed the said executors in the said account of personal estate.
4. The legacies given by the testator are set forth in the ....... schedule hereto, and with the interest therein mentioned remain due to the persons therein named, and amount altogether to €....
5. Particulars of the outstanding personal estate of the testator are set forth in the ....... schedule hereto.
6. Particulars of the real estate to which the testator was entitled are set forth in the ....... schedule hereto.
7. The defendants have received rents and profits of the testator's real estate, &c. [in a form similar to that provided with respect to the personal estate].
8. The incumbrances affecting the said testator's real estate are specified in the ....... schedule hereto.
9. The real estates of the testator directed to be sold, have been sold, and the purchase monies amounting altogether to € ....... have been paid into Court.
N.B.— The above numbers are to correspond with the numbers in the order, after each statement the evidence produced is to be stated as follows:—
The evidence produced on this account [or inquiry] consists of the probate of the testator's will, the affidavit of A.B. filed ....... and paragraph numbered ....... of the affidavit of C.D. filed.
_______
O. 55, r. 54
AFFIDAVIT VERIFYING ACCOUNTS AND ANSWERING USUAL INQUIRIES AS TO REAL AND PERSONAL ESTAT.
_______
[Heading as in Form 1].
I, C.D., of, &c., the defendant, make oath and say as follows:
1. I have according to the best of my knowledge, information and belief, set forth in schedule I,. hereto a full account and inventory of the personal estate of or to which Z, the testator in the judgment [or order] dated ....... made in this suit named, who died on the ....... day of ....... , was possessed or entitled at the time of his death, not by him specifically bequeathed.
2. Save what is set forth in the said schedule I. and what is by the said testator specifically bequeathed, the said testator was not to the best of my knowledge, information, or belief, at the time of his death possessed of or entitled to any debt or sum of money due to him from me on any account whatsoever, nor to any leasehold or other personal estate whatsoever.
3. The said testator's funeral expenses have been paid. The same consist of the items of disbursement numbered ....... and ....... in the account hereinafter referred to [or if not paid, it should be so stated, with the amount due and to whom due].
4. We have in the account upon which marked A. I have signed my name before swearing this affidavit, according to the best of my knowledge, information, and belief, set forth a full account of the personal estate of the said testator, not by him specifically bequeathed, which has come to my hands, or to the hands of any person or persons by my order, or for my use, with the times when, the names of the persons from whom, and on what account the same has been received and also a like account of the disbursements, allowances, and payments made by me on account of the said testator's funeral expenses, debts, and personal estate, together with the times when the names of the persons to whom, and the purposes for which, the same were disbursed, allowed or paid.
5. I, speaking positively for myself, and to the best of my knowledge and belief as to other persons, further say that except as appears in the said account marked A., I have not, nor have, nor has any other person or persons by my order or for my use, possessed, received, or got in any part of the said testator's personal estate, nor any money in respect thereof, and that the said account marked A., does not contain any item of disbursement, allowance or payment, other than such as has actually been disbursed, paid, or allowed on the account aforesaid.
6. To the best of my knowledge, information, and belief, the personal estate of the said testator, now outstanding or undisposed of, consists of the property set forth in schedule II hereto.
7. Save what is set forth in the schedule II., there is not to my knowledge, information, or belief, any part of the said testator's personal estate now outstanding or undisposed of.
8. I have, according to the best of my knowledge, information, and belief, set forth in schedule III. hereto the particulars of all the real estate which the said Z was seised of or entitled to at the date of his death.
9. Save what is set forth in the said schedule, the said testator was not to the best of my knowledge, information, or belief, at the time of his death seised or entitled to any real estate whatsoever.
10. I have, according to the best of my knowledge, information, and belief, set forth in schedule IV. hereto the particulars of all the incumbrances affecting the said testator's real estate, and what part thereof such incumbrances respectively affect.
11. I have in the account upon which marked B. I have signed my name before swearing this affidavit according to the best of my knowledge, information, and belief, set forth a full account of all the rents and profits of the said testator's real estate which has come to my hands or to the hands of any person or persons by my order, or for my use, and the times when, the names of the persons from whom, on what account, in respect of what part of such estate the same have been received, and the times when the same became due, and also a like account of the disbursements, allowances, and payments made by me in respect of the said testator's real estate, or the rents and profits thereof, and the times when, the names of the persons to whom, and the purposes for which, the same were made.
12. I, speaking positively for myself, and to the best of my knowledge and belief as to other persons, further say that, except as appears in the said account marked B., I have not nor has any other person by my order, or for my use, possessed, received, or got in any rents or profits of the said testator's real estate, nor any money in respect thereof and that the said account marked B. does not contain any item of disbursement, payment or allowance, other than such as has actually been disbursed, paid, or allowed, as above stated.
SCHEDULE I
1. €500 cash in the house.
2. €40,000 cash at the Bank.
3. €5,000 12% National Loan standing in the name of the testator.
4. €400 due from T. B. Hannin for half years rent of house at ....... to Easter 1982.
5. €700 balance remaining due from E. B. Wood on account of half year's rent of farm at ....... to Easter 1982.
6. €5,000 a debt due by S. T. Lynch on a bond, with interest from ....... at ....... per cent.
7. A leasehold house situate at ....... , held under a lease for a term of ....... years, which will expire on ....... at a rent of € ....... a year, underlet to M.C.C. Durado for a term of ....... which will expire on the ....... at a rent of € a year.
SCHEDULE II.
[The particulars to be set forth in the same manner as above.]
SCHEDULE III.
[To contain a short particular of the real estate.]
SCHEDULE IV.
[To contain a short particular of the incumbrances, and showing what part of the above real estate is subject to each].
Sworn, &c.
_______
O. 55, r. 54
ACCOUNT OF PERSONAL ESTATE, BEING ACCOUNT A. REFERRED TO IN FORM No. 17.
"A."
_______
[Title of suit ].
This account marked A. was produced and shown to C.D., and is the account referred to in his affidavit sworn this ....... day of .......
Before me [to be signed here by commissioner or officer before whom the affidavit is sworn].
RECEIPTS.
|
No. of item |
Date when received |
Names of persons from whom received |
On what account received |
Amount received |
|
... |
20 |
... |
... |
€ |
|
... |
... |
... |
... |
... |
|
... |
... |
... |
... |
... |
|
... |
... |
... |
... |
... |
DISBURSEMENTS.
|
No. of item |
Date when paid or allowed |
Names of persons to whom paid or allowed |
For what purpose paid or allowed |
Amount paid or allowed |
|
... |
20 |
... |
... |
€ |
|
... |
... |
... |
... |
... |
|
... |
... |
... |
... |
... |
|
... |
... |
... |
... |
... |
_______
O. 55, r. 54
ACCOUNT OF RENTS AND PROFITS, BEING THE ACCOUNT B. REFERRED TO IN FORM No. 17.
"B."
_______
[Title of suit ].
This account marked B. was produced and shown to C.D., and is the account referred to in his affidavit sworn this ....... day of
Before me [to be signed here by commissioner or officer before whom affidavit sworn].
RECEIPTS.
|
No. of item |
Date when received |
Names of persons from whom received |
On what account and in respect of what part of the estate received, and when due |
Amount received |
|
... |
20 |
... |
€ |
... |
|
... |
... |
... |
... |
... |
|
... |
... |
... |
... |
... |
|
... |
... |
... |
... |
... |
DISBURSEMENTS.
|
No. of item |
Date when paid or allowed |
Names of persons to whom paid or allowed |
For what purpose paid or allowed |
Amount paid or allowed |
|
... |
20 . |
... |
... |
€ |
|
... |
... |
... |
... |
... |
|
... |
... |
... |
... |
... |
|
... |
... |
... |
... |
... |
|
... |
... |
... |
... |
... |
_______
ACCOUNT.
O. 50, r. 19
[Title of suit ].
This account "A" was produced and shown to ....... and is the account referred to in his affidavit sworn this ....... day of .....
Before me [To be signed by commissioner or officer before whom the affidavit was sworn].
|
Receipts |
Disbursements |
||||||||||
|
No. of item |
Date when received |
Names of persons from whom received |
On what account received |
Amount received |
Remarks |
No. of item |
Date when paid or allowed |
Names of persons to whom paid or allowed |
For what purpose paid or allowed |
Amount paid or allowed |
Remarks |
|
... |
... |
... |
... |
... |
... |
... |
... |
... |
... |
... |
... |
NOTE.—Where there are several lettings of lands or premises a rental in the following form should be included as a preface to the account, and the amounts actually received should be shown on the debit side of the account as "rents received as per rental."
RENTAL
|
No. |
Denominations and tenants' names |
Gale days |
Poor rate allowed tenants |
Income Tax allowed tenants |
Tenants' yearly |
Arrears returned |
Further rents accrued due to |
Total |
Amounts received thereout |
Arrears remaining due |
Observations |
|
... |
... |
... |
... |
... |
... |
... |
... |
... |
... |
... |
... |
_______
O. 51, r. 8
CERTIFICATE OF RESULT OF SALE.
____________________
[Title of suit ].
I, L.M., ....... of ....... , auctioneer, the person appointed to sell the estate comprised in the particulars hereinafter referred to, hereby certify as follows:—
1. I did at the time and place, in the lots and subject to the conditions specified in the said particulars and conditions of sale hereto annexed and marked A., put up for sale by auction the estates described in the said particulars.
2. The result of the sale is truly set forth in the bidding paper hereto annexed and marked B.
3. I have received the sums set forth in the fourth column of the schedule hereto as deposits from the respective purchasers whose names are set forth in the second column of the said schedule opposite the said sums in respect of their purchase money, leaving the sums set forth in the fifth column of the said schedule due in respect thereof.
THE SCHEDULE ABOVE REFERRED TO.
|
Number of lot |
Name of purchaser |
Amount of purchase money |
Amount of deposit received |
Amount remaining due |
|
... |
... |
... |
... |
... |
(Signed) L.M.,
Auctioneer.
To the best of my belief the above certificate is correct.
(Signed) E.F.
[The solicitor for the party having the conduct of the above-mentioned sale].
_______
O. 50, r. 16(2)
O. 74, r. 19
RECEIVER'S OR OFFICIAL LIQUIDATOR'S BOND.
Bond No. ............
KNOW ALL MEN BY THESE PRESENTS THAT I ................ of ................. and we ..................... are (jointly and severally) held and firmly bound unto the Honourable............President of the High Court, and his successors in office in the sum of ........... to be paid unto the said President or his successor for the time being in office for which payment to be well and truly made, I the said .............. for myself, my heirs, executors and administrators and every of them and we the said ............. for ourselves and our successors do bind and oblige ourselves for the whole firmly by these presents.
Sealed, &c.
Dated the .... day of ...... 20..
WHEREAS by an order of the High Court made in [set out title of proceedings including record number] .............. and bearing date the ..... day of ..........
the above bounden ..... was appointed receiver over the lands and premises in the said order mentioned (or Official Liquidator of the said ....... Company Limited) upon his entering into security conditioned to account as in such cases usual.
AND WHEREAS the Court has approved of the above bounden ............ to be sureties for the said ............ and has also approved of the above written bond with the underwritten condition as a proper security to be entered into by the said ...............
and pursuant to the said order, and in testimony of such approbation the proper officer of the Court has signed an allowance in the margin hereof.
NOW THE CONDITION of the foregoing bond or obligation is such that if the above-named ................. do and shall within twelve calendar months from the ...... day of............ and at such other periods as he shall be required by the Court duly account upon oath for all moneys which he shall receive or which without his wilful default he might have received as such receiver (or Official Liquidator) as aforesaid and do and shall duly apply the balances which shall from time to time be certified to be due from him as the Court has directed or shall direct then the foregoing bond shall be void and of no effect OTHERWISE the same is to be and remain in full force and virtue.
Where the surety is an insurance company the following provisoes may be included:
PROVIDED ALWAYS that if default shall be made by the said ...... in paying to the said ........ Company Limited on or before the ..... day of ....... in any year the annual premium or sum of .............. the said ............. Company Limited shall at any time after such default be at liberty to apply to the Court to be relieved from all further liability as such surety as aforesaid at the expiration of such time and upon such terms and conditions as the Court shall order in that behalf.
PROVIDED ALWAYS that in accordance with Section 93 of the Insurance Act 1936, it is understood and agreed that all moneys which become or may become due and payable by the surety under this bond shall be payable and paid in Ireland.
IN WITNESS, &c.
_______
O. 50, r. 16 (3)
RECEIVER'S SECURITY BY UNDERTAKING.
_______
[Title of suit ].
I, ....... the receiver (and manager) appointed by order dated ....... (or proposed to be appointed) in this suit hereby undertake duly to account for all moneys and property received by me as such or for which I may be held liable and to pay the balance from time to time found due from me and to deliver any property received by me as such ....... at such times and in such manner in all respects as the Court shall direct.
And we, ....... hereby (jointly and severally) undertake to be answerable for any default by the said ....... as such receiver and upon such default to pay to any person or persons or otherwise as the Court shall direct any sum or sums not exceeding in the whole € ....... that may from time to time be certified by the proper officer of the Court to be due from the said receiver and we submit to the jurisdiction of the Court in this suit to determine any claim made under this undertaking.
Dated
[Signatures of receiver and his surety or sureties. In the case of a surety being a guarantee or other company, it must be sealed or otherwise duly executed.]
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O. 50, r. 20
AFFIDAVIT VERIFYING RECEIVER'S ACCOUNT.
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[Title of suit ]
I, ....... of ....... , the receiver herein appointed by the order dated the day of ....... make oath and say as follows:—
1. I have read and attentively examined the account (and rental) upon which marked "A" I have signed my name before swearing this affidavit and I have myself made the several calculations in the said account (and rental) and the same are true and correct in every particular, to the best of my knowledge, calculation and belief.
2. From the* ....... day of ....... down to the ....... day of ....... neither I nor any person on my behalf, to my knowledge or belief, have or has received, nor am I chargeable as such receiver, with any greater or other sum than the sum of € ....... in the debit side of the said account set forth [add if necessary—including the balance of € ....... certified to be due to me on my last account].
3. The several sums for which I have claimed credit in the said account, amounting in the whole to the sum of € as payments and allowances [add if necessary—including the balance of € ....... certified to be due to me on my last account] have been severally paid and allowed truly and justly at the times specified in the said account, and I verily believe that I am justly entitled to credit for the same as such receiver.
4. The vouchers intended to be produced on my behalf on the passing of the said account are true and genuine vouchers.
[5. I further say that I have used all reasonable and due diligence to get in the rents and arrears due by the several tenants in the said rental set forth and that I have been unable to collect any greater sum on account thereof than the sum of € ....... as therein set forth.]
6. ....... and ....... the sureties named in the bond dated the ....... day of ....... are both alive and neither of them has become bankrupt or insolvent or ....... Insurance Co., Ltd. the surety named in the bond dated the ....... day of ....... are still carrying on business in the Republic of Ireland, and to the best of my knowledge and belief, no petition has been presented to the Court for the winding up of the said company.
Sworn, &c.
*NOTE.—When this is a first account insert the date of the order appointing the receiver. When this is not a first account, insert the date down to which the receiver has last accounted.
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O. 55, r. 54
AFFIDAVIT VERIFYING ABSTRACT.
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[Title of suit ].
I, XY., of
solicitor for
make oath and say that I have carefully examined and compared the abstract written on sheets of paper, upon which attached together and marked "A" I have signed my name before swearing this affidavit, with the several deeds and documents thereby purported to be abstracted; and that such abstract is a true and correct abstract of the said deeds and documents, so far as such deeds and documents relate to the hereditaments referred to in an order made in this suit dated the ....... day of
Sworn, &c.
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O. 55, r. 54
AFFIDAVIT VERIFYING ENGROSSMENTS OF DEEDS.
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[Title of suit ].
I, A.B., of ....... make oath and say as follows:—
1. I have carefully examined and compared the paper writing upon which marked "A" I have signed my name before swearing this affidavit, with the draft or paper writing upon which marked "B" I have signed my name before swearing this affidavit, being the draft of the conveyance [or settlement] settled by the Court pursuant to the order made herein dated
2. The said paper writing marked "A" is a true and correct transcript and engrossment of the said draft.
Sworn, &c,
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O. 36, r. 23
REQUEST TO SET DOWN CAUSE FOR FURTHER CONSIDERATION.
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[Title of suit ].
I request that this cause, the further consideration whereof was adjourned by order of the ..... day of ....... , may be set down for further consideration before the Honourable Mr. Justice .......
(Signed)
X.Y.,
Plaintiff's [or defendant's] solicitor.
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O. 36, r. 23
NOTICE THAT CAUSE HAS BEEN SET DOWN FOR FURTHER CONSIDERATION.
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[Title of suit ].
Take notice that this cause, the further consideration where of was adjourned by the order of the day of , was on the day of set down for further consideration before the Honourable Mr. Justice ....... for the ....... day of ........
Dated
(Signed)
To
Solicitor for
Solicitor for
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O. 33, r. 9
ORDER FOR ACCOUNTS AND INQUIRIES.
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THIS COURT DOTH ORDER that the following accounts and inquiry be taken and made, that is to say:—
1. An account of the personal estate [not specifically bequeathed] of Z., deceased, the abovenamed testator, come to the hands of
2. An account of the testator's debts.
3. An account of the testator's funeral expenses.
4. An account of the legacies and annuities (if any), given by the testator's will.
5. An inquiry as to what parts (if any) of the testator's said personal estate are outstanding or undisposed of.
AND IT IS ORDERED that the testator's personal estate [not specifically bequeathed] be applied in payment of his debts and funeral expenses in due course of administration, and then in payment of the legacies and annuities (if any) given by his will.
(If ordered).
AND IT IS ORDERED that the following further inquiries and accounts be made and taken that is to say:—
6. An inquiry as to what real estate the testator was seized of, or entitled to at the time of his death.
7. An account of the rents and profits of the testator's real estate received by ...............
8. An inquiry as to what incumbrances (if any) affect the testator's real estate or any and what parts thereof.
(If sale ordered).
9. An account of what is due to the incumbrancers in respect of their incumbrances.
10. An inquiry as to what are the priorities of such last-mentioned incumbrances.
AND IT IS ORDERED that the testator's real estate be sold with the approbation of the Court.
AND IT IS ORDERED that the further consideration of this cause be adjourned, and any of the parties are to be at liberty to apply as they may be advised.
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O. 15, r. 33
MEMORANDUM ON NOTICE OF JUDGMENT.
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Take notice, that from the time of the service of this notice you [or as the case may be, the infant or person of unsound mind] will be bound by the proceedings in the above cause in the same manner as if you [or the said infant or person of unsound mind] had been originally made a party, and that you [or the said infant or person of unsound mind] may, on entering an appearance at the Central Office, Four Courts, Dublin, attend the proceedings under the within mentioned judgment [or order] and that you [or the said infant or person of unsound mind] may within one month after the service of this notice apply to the Court to discharge vary or add to the judgment [or order].
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O. 15, r. 34
MEMORANDUM OF SERVICE OF NOTICE OF JUDGMENT.
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[Heading as in Form No. 1.]
Enter memorandum of service of notice of judgment [or order] dated the ....... day of ....... 20 ....... , on the undermentioned person viz.:—
|
Name of party served |
Date of service |
|
...
|
... |
(Signed)