Superior Court Rules

ORDER 73

PAYMENT INTO COURT UNDER THE TRUSTEE ACT, 1893, AND THE SUPREME COURT OF JUDICATURE (IRELAND) ACT, 1877

1. Where a trustee or other person desires to make a lodgement in court under the Trustee Act, 1893, section 42, or under the Supreme Court of Judicature (Ireland) Act, 1877, section 28(6), he shall make and file an affidavit entitled in the matter of the trust or debt (described so as to be distinguishable) and of the relevant Act and setting forth:

(a) a short description of the trust and of the instrument creating it, or of the debt, and how it arose;

(b) the names of the persons interested in and entitled to or claiming the money, or securities, or debt, and their places of residence, to the best of his knowledge and belief;

(c) his submission to answer all such inquiries relating to the application of the money or securities paid into court, as the court may make or direct;

(d) the place where he is to be served with any summons, or order, or notice of any proceeding relating to the money or securities. Such affidavit shall have annexed thereto a schedule as prescribed by Order 77, rule 29.

2. The person who has made the lodgement shall forthwith give notice thereof by post to the several persons whose names and places of residence are stated in his affidavit as interested in or entitled to or claiming the money or securities lodged in court, or the debt.

3. The person who has made the lodgement shall be served with any summons claiming relief in respect of the money or securities.

4. Any person interested in or entitled to or claiming the money or securities shall be served with notice of any application made by the person who has made the lodgement.

5. When the rights of the persons entitled to money or securities lodged in court under this Order are ascertained, the court may direct payment or transfer to be made to the persons entitled.

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