Circuit Court Rules

ORDER 46

PROCEEDINGS BY EQUITY CIVIL BILL

[SI 155/10]

1. The following proceedings shall be commenced by issuing an Equity Civil Bill in accordance with Form 2B of the Schedule of Forms, entitled in the matter of the Act under which the proceeding is taken and, where relevant, of the trust or settlement, as the case may be:

(a) proceedings under section 33(i) or (k) of the County Officers and Courts (Ireland) Act, 1877,

(b) proceedings under the Trustee Acts (other than for payment into court by trustees),

(c) any other proceedings required or permitted by these Rules to be commenced by Equity Civil Bill.

[SI 251/09; SI 155/10]

2. 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.

3. 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.

4. 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.

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

6. 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 —

(a) his own name, address, and description;

(b) the place where he is to be served with any order of the court or any notice of any matter or order, or with any document relating to the trust fund;

(c) the amount of money, stock, or security which he proposes to pay, transfer, or deposit in trust to attend the orders of the court;

(d) a short description of the trust or of the nature and contents of the instrument creating it;

(e) the names, addresses, and descriptions of the persons interested in or entitled to the fund, to the best of the knowledge and belief of the deponent; and

(f) the submission of the deponent to answer all such inquiries relating to the application of the money paid in, or stock transferred, or security deposited, as the Judge may think proper to make or direct.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

Subscribe to our newsletter

Please enable the javascript to submit this form

Contact

Lonsdale Law Publishing

Lonsdale House

Avoca Avenue

Blackrock

Co. Dublin

 

Office Open: Monday – Friday | 9 a.m. – 5.30 p.m. (Irish time) | Tel: +353 (0)1 278 5090 | E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.