PETITIONS

4 0. That every application to the court for a sale, partition, or exchange of any lands, or for a division of intermixed lands, or for a conveyance to a vendee, or for a judicial declaration of title, or for the execution of any decree or order for a sale directed by the Court of Chancery, or the Court of Bankruptcy and Insolvency in Ireland, shall be made by petition to be addressed to " The Landed Estates Court, Ireland, " and lodged in the office of the clerk of the records ; and every such petition shall be fairly ^Yritten on post paper, bookwise, with a sufficient margin ; and the clerk of the records shall, at convenient intervals, cause all petitions to be bound in suitable volumes, with a sufficient index to each volume ; and every such petition shall be confined to some one of the objects in the Act, and hereinbefore mentioned , save that a prayer for a partition may be joined with any one of the other objects above mentioned ; and in case a decree or order of the Court of Chancery, or of the Court of Bankruptcy and Insolvency, shall direct a sale of a terra of years, the petitioner, or any person who under the provisions of the Act may be competent to do so, may pray for a sale of such larger estate as the court may have power to sell.

11. That every petition shall state clearly and succinctly all the facts necessary to entitle the petitioner to the particular relief which he prays, and shall be drawn without unnecessary or irrelevant statements, according to a form to be approved of ])y the judges, and shall be signed by the petitioner, or by counsel, or a solicitor on his behalf; and to every such petition shall be annexed an affidavit, according to a form to be approved of by the judges, which affidavit shall be made by the petitioner, or by some of the petitioners if there be more than one, unless there be some sufficient cause to the contrary ; but the clerk of the records may receive such petition if the annexed affidavit shall be made by the solicitor for the petitioner, provided that such affidavit shall, in every such case, state the

NOTES ET PIÈCES .Il STIEICATI VES. 49;)

special reason ^^ily llie petition has not been veriiicd J)y tlic jielitioner or some of the petitioners.

12. That to every petition there shall ])c annexed a scliednle, setting out correctly all the parcels and denominations of land to which the petition relates, and the names of all the tenants, with their respective tenures and rents, and the (luantity of land in their respective holdings, and the value of each liolding according to the general valuation of Ireland ; and also all rights of common, or of cutting or taking turf, rights of way, and all other rights and easements whatsoever to which the lands and each parcel there of respectively are or is subject or alleged to be subject, whitli the name of every person entitled, or claiming to be entitled, to any such right or easement ; and the quantities and sums in the several columns shall be correctly cast up, so as to show the whole amount of the acreage, and of the rents and values respectively. And if the said land, or any pari thereof, shall be subject to any annual or other charges or incuml)rances, there shall be annexed to the petition a second schedule, setting out truly all charges and incumbrances affecting the same, and the amount due on foot of each of them, and the persons entitled thereto respectively, so far as the same can be ascertained ; and the columns thereof shall in like manner be correctly cast up, so as lo show the aggregate amount of the charges and incumbrances affecting the same, and of all arrears of annuities and interest on charges, so far as the same shall be capable of ascertainment.

■13. That every petition fora sale under the 46th section of the said recited Act, and the Act therein mentioned, of the lOth and 20th years of Her Majesty, chapter 120, shall set out fully the circumstances which render it expedient or desirable tliat such sale should take place ; and shall state the name, description, place of abode of every person who shall have any interest, whether ])cneficially or as a trustee for any person in esse, or for any unborn child, in the lands proposed to be sold, or any estate in, or charge upon the same ; and shall also state the age of every such person if an infant, or if adult whether or not he or she is under any and what legal disability; and shall also state whether or not any such application as is mentioned in

the 21 st section of the said Act of the 19tli aiul 20lli years of Her Majesty, cliapter 1 20, lias been made to either House of Parliament, and with what result ; and, if the judge shall so direct, sufficient evidence of the truth of all such statements shall be laid before him previous to his making any order upon such petition.

U. That there shall be lodged together with every petition an exact copy thereof, and of the annexed verifying affidavit and jurat, certified by the petitioner, or if he shall present the petition through the agency of a solicitor, by such solicitor ; which copy shall be prepared in the manner hereinbefore directed for original petitions, and shall be called the " Examiner's Copy ; " and with every petition for the execution of a decree of the Court of Chancery, or an order of the Court of Bankruptcy and Insolvency, and of the bill or cause petition in the cause or matter, or of such oi'der of the Court of Bankruptcy and Insolvency, as the case may be ; and with every petition for a conveyance to a vendee, there shall be lodged a full copy of the contract of sale, and of the signatures of the parties and witnesses thereto, if any ; and with every petition by an incumbrancer, not being an immediate mortgagee or the conusee of a judgment, an abstract of the title of the petitioner to the incumbrance, in respect of which he has petitioned.

•19. That if any person who shall have presented a petition praying for a conveyance to a vendee, or a declaration of title under the Act, shall afterwards be desirous of having a sale under the court instead of such conveyance, or a sale and conveyance instead of such declaration, as the case may be, he shall present a supplemental petition, shortly referring to such original petition, and praying that such sale may be had instead of the relief originally prayed ; and the judge, if he shall think it expedient, may make an order for sale, upon such petition, either absolute in the first instance, or conditional ; and thereupon such proceedings shall be had as if the original petition had prayed for a sale ; but having regard to, and adopting the proceedings already taken in the matter, so far as the same may be applica])le under an order for sale.