Circuit Court Rules

ORDER 48

ACCOUNTS

1. 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.

2. 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.

3. 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 14 days before the date of such sitting.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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, 14 clear days before presenting the same, that they may inspect it in the office.

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

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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).

24. 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.

25. 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 10 days after service of such notice, or within such extended time as the Judge may allow.

26. 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.

27. 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.

28. 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.

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