SPECIAL NOTICE TO TENANTS AND OTHERS

38. That so soon as the solicitor liaving the carriage of the proceedings shall, by procuring a verified rental of the lands to be lodged, or by other means, have sufficiently ascertained the holdings and tenancies of the several tenants, he shall prepare a draft of a notice to be served on the tenants and persons residing on the lands, setting out the tenancies, leases, and agreements with the quantities of land in each holding, and the rents and tenures, in such manner as they are respectively alleged, by or on the part of the party having the carriage of the proceedings, and such notice shall also specify all rights of common or of cutting turf, and all rights of way, and other rights and easements to which it is alleged or admitted that the lands are subject, and the persons respectively entitled thereto; or

(as the case may be), that the lands are not subject to any such rights or easements ; and such notice sliall be lodged with the examiner, who shall peruse and, if necessary, amend the same; and shall take the directions of the judge as to the service thereof; and such notice shall be served on every person therein named as tenant, or as being entitled to any such right or easement as aforesaid and all other persons resident on the lands, and shall also be served on such other persons or posted and published in such manner as the judge shall direct, so that the same may be made known to the owners and occupiers of the adjoining lands ; and any person who shall be dissatisfied with the statement of any tenancy or any right or easement as set out in such notice, or shall claim any tenancy, right, or easement not specified therein, having previously entered an appearance, may, within such time as shall be specified in such notice, or such further time as the judge shall allow, file a claim, in the manner hereinbefore directed; whereupon such proceedings may be had as upon claims filed under the thirty-fifth general rule.

ABSTRACTS OF TITLE.

39. That in every case in which a petition shall be presented to the court for the sale of an unincumbered estate, or for, a judicial declaration of title, the petitioner shall, within one week after such petition shall have been received, cause to be lodged in the office of the clerk of the records a full and complete abstract of the title of the owner to the lands which are the subject of such petition, together with all deeds and other muniments of title, and all affidavits and documents which shall be requisite or proper for vouching and verifying such abstract, or which shall be directed by any rule or order of the court : and in default of such abstract, deeds, muniments of title, and other documents being lodged within the time hereinbefore mentioned, or within such furtlier time as the judge shall, on application for that purpose, allow, such petition shall stand absolutely dismissed.

NOTES KT PIÈCES JUSTIFICATIVES, o03

45. Thaï if it shall appear to the clerk of the records tliat any abstract of title brought into his office for lodgement is not prepared in the form required by the rules of the court, he may refuse lo receive the same without an order of the judge; but if he shall be of opinion that the abstract, in form, complies with the rules of the court, he shall enter the date of the lodgement of such abstract in a book to be called " The Abstract Book;" and shall give a receipt to the person lodging the same, truly stating the date of such lodgement ; and shall hand over such abstract to the examiner, or transmit the same to his office on the day on which the same shall have been lodged, or on the day next following at furthest.

46. That the examiner shall read the abstract of title, and if he shall find that it is in accordance with the rules of the court, and that all deeds and other muniments of title necessary for vouching such abstract have been brought in and lodged in the office of the clerk of the records; and if, upon comparison, he shall find that such deeds and muniments have been fully and correctly abstracted, he sail lay such abstract before the judge; but if it shall appear to the examiner that such abstract has not been framed in accordance with such rules, he shall, by notice in writing, direct the solicitor having the carriage of the proceedings to amend such abstract, or to bring in a new abstract within such time as shall be specified in such notice; and the solicitor may, within three days from the receipt of such notice, or at the earliest opportunity after, apply to the judge to vary such direction, or to enlarge the time in such notice limited ; but unless such solicitor shall so apply, or unless he shall bring in a complete and satisfactory abstract, to be approved of by the examiner, within the time so limited, or such further time as the judge shall allow, the case shall be dealt with in all respects as if no abstract of title had been lodged in compliance with the rules of the court, unless the judge shall otherwise direct.

47. That when a sufficient abstract of title shall be laid before the judge, he shall proceed to investigate the same; and if he shall be of opinion that a good title bas been deduced for the purposes of the petition, and if it shall seem to him expedient that a sale of all or any part of the lands, or a conveyance to â

vendee, or a declaration of title, as the case may be, shall he finally ordered, he shall signify his approval of the title, subject to the proper searches, which he shall thereupon proceed to direct.

RENTALS.

51 . That the solicitor having the carriage of the proceedings shall within one fortnight after the abstract of title shall have been approved of, or such further time as the judge shall allow, bring in and lodge In the examiner's office a draft of a rental setting forth distinctly the precise nature of the interest proposed to be sold, and the particulars of all annuities or other charges subject to which the sale is intended to be had, and all outgoings to which the estate may be liable ; and all tenancies, rights, and casements subject to which it is proposed that the lands shall be sold or conveyed, or a declaration of title made and registered; and to every such draft shall be annexed an affidavit verifying the same, in a form to be approved by the judges; and the examiner shall appoint a day for settling such draft rental, of which due notice shall be given by the solicitor having the carriage of the proceedings to all parties interested, including the owners or proprietors of all lands contiguous to and having a common boundary with such lands or any part thereof; and on the day appointed for that purpose, the examiner, after having been satisfied that such notice has been given, shall proceed to settle such draft rental : and shall require sufficient proof to be made of all tenancies, and of all rights of common or of cutting turf, rights of way, and all other rights and easements set out in such rental, unless the same shall be admitted by some person competent to bind the estate and all parties interested therein by such admission ; and if a sale is to be had, he shall determine the terms and conditions of sale, and the lots into which the lands may be most advantageously divided for the purposes of such sale ; and the examiner may adjourn the settlement of such draft rental from day to day as he may think fit ; and when he shall have finally disposed of

.NO IKS i;t I'll' ces J is 111- k; at IVES. 5o;>

the same, he shall lix a day on which the same shall be broughl before the judye, of which he shall direct notice to be given as he may think fit ; and all claims and objections, and all disputed or doubtful mailers of law or fact, and all other matters whicii any party shall desire to bring before the judge shall be heard and determined by him ; and he shall finally settle and approve of such rental : provided that in all cases in wliich the abstract of title shall have been approved of, at any time between the 25tli day of July and tlie lOtli day of October, the solicitor having the carriage of the proceedings shall have one fortnight from the said last-mentioned day for bringing in and lodging such draft rental.

52. That on the occasion of settling every such rental, the solicitor having the carriage of the proceedings shall satisfy the examiner that lie has used due diligence to ascertain the true owners of all lands adjoining to the lands included in the rental, and has given notice to every such owner of every attendance of any surveyor on the said lands, for the purpose of ascertaining or marking out the common boundaries of the same, with the adjoining lands ; and has furnished to every such owner a copy of every map made or to be used for the purposes of the petition, on which such boundaries are delineated.

53. That wlien the judge shall have settled and approved of the rental, he shall give his final direction for a sale of the land, or for the preparation of a conveyance to a vendee, or of a declaration of title, as the case may be ; and in case the petition shall be for a sale of lands, he shall direct the time and place of sucli sale, and the publication of the rentals, advertisements, or other notifications thereof; and in case the petition shall pray fora partition, or exchange, or a division of intermixed land, shall give directions for making such surveys, valuations, and apportionments, as may be necessary for effectuating the same respectively ; and in case the petition shall be for a conveyance to a vendee, or for a declaration of title under the Act, he shall give directions for ascertaining the charges and incumbrances whicli affect tlie lands, and for preparing a schedule thereof, if necessary ; and, if he shall deem it expedient, he may order such vendee to bring in and lodge in court the purchase money, or

o06 NOTES ET PIÈCES JUSTIFICATIVES.

such part thereof, and within such time, as lie shall think tit, and may order such vendee or the party seeking such declaration of title to hring in and lodge in court the amount of the duty which shall be payable in respect of such conveyance or declaration of title, or any costs which may have been incurred by such vendee or party in the course of the proceedings, or such sum of money as the judge may think sufficient to answer such duty and costs, when the same respectively shall have been ascertained.

SALES AND CONVEYAMCES.

54. That every sale of lands under an order of the judge may be had by public auction or private proposal ; and every sale by auction shall take place in Dublin, unless the judge shall otherwise direct ; and shall be held before the judge, or such officer as he shall for that purpose appoint, and at such time and place as he shall direct ; and although the lands shall have been advertised for sale by auction, the judge may accept any private proposal which he shall consider adequate and eligible for the purchase of the whole or any one or more lots ; provided that such proposal shall be submitted to him for his approval a reasonable time before the time fixed for such sale ; of which proposal, and of the time of submitting the same to the judge, all parties interested shall have due notice.

55. That at any such sale by auction the judge, if he shall deem it expedient, may adjourn, either generally, or to such time or place as he may think fit, the sale of the whole or any one or more of the lots advertised for sale ; and every sale, whether by public auction or by acceptance of a private proposal, may be set aside by order of the court, for fraud, surprise, or orther sufficient cause ; but no sale shall be set aside or opened solely on account of inadequacy of price, or of any offer of an advance upon the price for which the land shall have been sold.

56. That if in any particular case the judge shall be satisfied that the property to be sold is likely to sell to more advantage

at some place other lliaii Dublin, lie may make an order thai the sale shall be had at such other place, on such terms, as to costs or otherwise, as he shall think fit ; and at every such sale the solicitor having the carriage thereof shall attend in person, unless he shall be prevented by sufficient cause, to be approved of by the judge ; and in such case he shall procure some other solicitor to attend in his place ; and every bidding shall be truly taken down in writing by a licensed auctioneer, to be named in the order, and at the conclusion of the biddings, the auctioneer shall declare the highest bidder, and shall cause the person so declared to sign the list of biddings, and such signature shall be attested both by such auctioneer and by the solicitor having llie carriage of the sale, or the solicitor attending in his place ; and the said list of biddings shall on the day next after such sale at furthest, be transmitted by post, in a sealed envelope and free of postage, to the registrar, together with an affidavit to be made by such auctioneer and solicitor verifying such list, as containing a full and complete statement of the biddings at such sale, and stating that the sale was in all respects fairly and regularly conducted ; and the solicitor having tlie carriage of such sale shall, on a day to be named for that purpose in the advertisements and other public notifications of the sale, submit such biddings to the judge in chamber ; and the judge on consideration of such list of biddings and affidavit, and hearing such persons as he may think fit, shall, at his discretion, either disallow such sale, or confirm the same and declare the purchaser; and no person shall be considered a purchaser until he shall have been so declared.

59. That every purchaser immediately after he shall have been declared such by the judge, shall obtain from the proper officer a certificate of his having been so declared, in a form to be approved of by the judges ; and such purchaser, or the person for whom he shall have declared a trust in manner hereinbefore directed, shall, thereupon, be at liberty to pay the amount of the purchase money into the Bank of Ireland, to the account of the court, and to the credit of the matter by its proper title.

60, That in the absence of any express condition in the rental as to the lodgement of the purchase money, or any part thereof

as a deposit, or any special order of the judge respecting tlu"^ same, the purchaser sliall be bound to lodge the whole of the purchase money in 1 4 days from the time when he shall have been declared a purchaser, unless he shall obtain a provisional credit for the same, or unless the judge shall have enlarged the time for such lodgement ; and in all cases the purchase money shall bear interest at the rate of five per cent, per annum from the expiration of such period of 14 days, until it shall have been lodged, or unlillinal credit shall have been allowed for the same, unless any different time of payment or rate of interest shall be specified in the rental, or unless the judge shall otherwise direct.

62. That immediately after any sale before the judge, or confirmation of any biddings, or acceptance of any private proposal, the clerk in court shall transmit to the assistant clerk fort sales in the registrar's office, the judge's sale book, or the list of biddings, or the proposal for purchase, as the case may be, with the judge's rule or order thereon respectively ; and thereupon a certificate, setting forth the name and address of the person who shall have been declared purchaser, and of the lands or lot purchased, and of the amount of purchase money, and the date of the declaration, shall be made out by such clerk, and signed by the registrar, after comparison with such book or other document, as the case may be ; and such certificate shall state the name and address of any person for whom a trust may have been declared by the purchaser, in the manner hereinbefore directed, and every purchaser shall be entitled to all the benefits, and subject to all tlie liabilities which shall accrue in respect of the lands purchased by him, from and after the day on which he shall have been declared the purchaser by the judge, as hereinbefore mentioned.

CONVEYANCES.

64. That when any purchaser or person for whom a trust has been declared by the purchaser, as hereinbefore provided, shall have paid into court the whole amount of his purchase-money.

NOIES Kl PIÉCI'S JUSTIFICATIVES. 509

and ail interest due tliereon, or so much as shall be payable over and above the amount which he may be tinally authorised to retain on foot of any incumbrance or otherwise, he shall be entitled to a conveyance of the lands purchased by him, which conveyance shall be at the expense of such purchaser.

65. That the draft of every conveyance to a purchaser under the court shall be prepared by the solicitor of such purchaser, and shall be fairly and legibly written upon small brief paper, bookwise, in wide lines, upon one side of the paper only, without interlineation, and with a sufficient margin for binding ; and shall have annexed thereto one or more schedules, setting forth the tenancies, leases, or under leases, annual or other charges, rights of common, rights of way or other rights or easements subject to which the lands arc to be conveyed ; and shall bo submitted to the solicitor having the carriage of the proceedings for his approval ; and the said last-mentioned solicitor shall not write upon or deface the draft, but shall write his approval, or his objections, as the case may be, on a separate paper of like size and form as the draft, and annex such paper to the draft, which he shall thereupon sign with his name, and return to the purchaser's solicitor ; and the last-mentioned solicitor shall lodge in the examiner's office the draft, with such approval or objections annexed, and also with such answers as he may think fit to offer to such objections ; and the examiner shall settle such draft, after hearing the said solicitors or either of them, if so required, and shall lay the same, when settled, before the judge for his tinal approval : Provided that either of such solicitors may apply to the judge in chamber to alter or vary said draft as settled by the examiner, or as tinally approved of by the judge.

67, That when the draft of the conveyance shall have been finally approved and allowed by the judge, the same shall be lodged in the registrar's office, and the purchaser's solicitor shall procure a copy thereof, which shall be certified by the registrar, and for wliich the sum of three halfpence for every 72 words therein contained shall be charged ; and thereupon the purchaser's solicitor shall cause the conveyance to be engrossed from such copy, and shall lodge the engrossment in the

office of Ihe registrar, together with the proper vouchers for the lodgement of the purchase-money, or copies of the orders allowing credits; and the registrar shall cause such engrossment to be compared with the original draft by such of the clerks as he shall appoint for that purpose, and when he shall have ascertained that the purchase-money has been paid in, or allowed to be retained, he shall present such engrossment to the judge for execution, and shall at the same time produce to the judge sucli vouchers and copies of orders.

69, That the draft of every declaration of title shall be prepared by the solicitor for the petitioner or party seeking for such declaration, in the manner hereinbefore directed with respect to the drafts of conveyances, and shall have the like schedule or schedules annexed thereto, and also a schedule of all annual and other charges and incumbrances to which the lands shall be subject : and such draft shall be lodged with the examiner, and shall be carefully compared by him with the prayer of the petition and the absolute order, and settled ; and shall be submitted to the judge for final approval: and when the judge shall have approved of such draft, he shall, upon being satisfied that all orders which shall have been made for payment into court of the duty payable in respect of such declaration, or of any sum of money for costs, have been duly complied with, make an order for the final publication of the order for such declaration of title : and such order shall direct such publication to be made in at least two daily morning newspapers, two evening newspapers, and one weekly newspaper, published in Dublin, and in one newspaper published in Great Britain, and in all the local newspapers published or circulated in the county in which the lands are situate, and in each of the next adjoining counties : and shall specify the number of publications to be made in each newspaper, and the time which is to elapse (not being less than one month) after the last of such publications, before such declaration shall be signed : and the draft of such declaration, when finally approved of, shall be lodged in the registrar's office, and a certified copy shall be given to the solicitor having the carriage of the proceedings for engrossment, for which he shall pay the sum of three halfpence

NOTES ET PIÈCES JUSTIFICATIVES. (ill

lor every 72 Nvords in such copy ; and when the time specilied in such last-mentioned order shall have expired, the solicitor having the carriage of the proceedings shall bring in the engrossment to the registrar, with copies of the several orders for publication, and for payment of the duty and other sums of money, if any; and shall vouch the several publications so directed, and the payment or lodgement of such duty and other sums of money, if any : and the registrar shall thereupon cause the engrossment to be compared with the draft of the order so approved of, and shall present such engrossment to the judge, to be signed and sealed pursuant to the Act, together with the vouchers for such publications, and for every such payment or lodgement as aforesaid.

SCHEDULES OF INCUMBRANCES.

76. That in any case in which a sale shall have been had for the payment of incumbrances, if the judge shall be of opinion that the first or any early incumbrance is clearly established, whether by a decree of a court of equity or otherwise, and that having regard to the state of the fund and the incumbrances affecting the same, such incumbrance may with safety be paid, he may order payment of such first or early incumbrance, or such part thereof respectively, as he may think fit, although the schedule of incumbrances shall not have been brought in or settled ; but the costs of such application shall not be allowed against the fund, unless the judge shall so direct.

80. That if it shall appear, in any case in which an order shall have been made for the conveyance of any lands to a vendee, that the amount of the charges and incumbrances affecting the lands exceeds the amount of the purchase money agreed to be paid by the contract of sale, the judge shall discharge the order for such conveyance, and dismiss the petition, unless the vendor and vendee, or one of them, shall bring in and lodge in court a sufficient sum of money to pay off all such charges and incumbrances, or shall apply to the judge to set up the land for sale

under the court; or unless every person adjudged entitled on the schedule to any charge or incumbrance affecting the lands shall be competent to consent, and shall, by writing signed by him, have consented, that the lands shall be so conveyed to the vendee, discharged from such charge or incumbrance.

81 . That in case a petition shall have been presented for the sale of any lands alleged to be free from incumbrances, and it shall afterwards be found that such lands are subject to any incumbrances, the judge may either rescind the order for sale and dismiss the petition, or he may order the lands to be sold for payment of such incumbrances ; and in such case the carriage of the proceedings shall be taken from the petitioner, unless the judge shall otherwise direct ; and the proceedings shall be carried on in like manner as if the petition had originally prayed a sale for payment of incumbrances ; but subject to such order as the judge may think fit to make as to costs.