05/02/1924: Land Purchase Acts.

IRISH LAND COMMISSION.

LAND PURCHASE ACTS.

DIRECTIONS ISSUED BY THE JUDICIAL COMMISSIONER.

5th day of February, 1924.

ABSTRACT OF TITLE.

Form and heading.

1. The Abstract of Title shall be clearly and accurately typewritten, or fairly and legibly written in roundhand on small brief paper, and on one side only, with proper and distinct margins for the several parts of the instrument abstracted. It should commence with the heading and title of the estate, the latter to be taken from the Statement of Ownership or the Originating Application or Request, as the case may be, and should continue as follows :—

Abstract of Title of the said A.B. as tenant in fee-simple, or, tenant for life, or, of the said A.B. and C.D. as trustees for sale under, &c., or otherwise as the case may be, to the lands of     , containing  a.  r.  p., situate in the barony of             and county of        , held in fee-simple, or, under fee-farm grant (giving date and parties), or, under lease (giving date, parties and term ).

The description of the lands should correspond with that in the Statement of Ownership, or Originating Application or Request, as the case may be, the Ordnance Survey names being used, and, if title is being shown to part only of any townland, it should be so stated.

The denominations, if more than one, should be set out in tabular form, and, if any denomination appears in the title deeds under any name not being the Ordnance Survey name, such name should be stated in a separate column for purposes of identification.

Should the abstract comprise more than six instruments an index should be prefixed.

When title is common to a title previously ruled.

2. If the title, or any part of it, is common to a title previously ruled by a Land Commission Examiner, the fact should be stated on the abstract immediately before the deduction of title, together with the title of the former proceedings, the date of issue of the rulings on the former title, and the name of the Examiner. The previous rulings on title, if available, should be lodged.

Marginal statements.

3. The date of every instrument abstracted, and of the registration or enrolment thereof should be stated in the margin ; if the instrument has not been registered, a statement to that effect should appear in the margin. In the case of a will, the dates of the document itself, of the testator's death, and of the granting of probate, should appear in like manner. It should also be stated whether the original instrument abstracted or a copy is lodged, and if the original be not lodged its absence should be accounted for. If neither the original nor a copy be forthcoming there should be a reference to the evidence from which the abstract was prepared.

Order and manner in which instruments and facts should be stated.

4. The abstract should commence with the root of title. If the lands are held under lease the lease should be abstracted. It will not be necessary to state all the intermediate steps down to the date of the abstract. As a general rule it will be sufficient to derive title from some person absolutely entitled to the fee or to a lease about forty years prior, but in this connection it should be remembered that under Section 2 of the Vendor and Purchaser Act, 1874, recitals, statements, and descriptions of facts, matters, and parties contained in instruments, or statutory declarations twenty years old shall, unless and except so far as they shall be proved to be inaccurate, be taken to be sufficient evidence of the truth of such facts, matters, and descriptions.

Every instrument relating to the title should be abstracted ; but if a mortgage has been paid off, it should not be abstracted at length, but merely referred to as shortly as possible with a statement that it has been paid off, and a reference to the page of the abstract where such payment is shown.

An abstract ought to be a careful abridgment, not a mere copy of the instrument or of any part thereof. Conciseness may be obtained by avoiding the introduction of unnecessary or duplicate words to express the same idea, and by confining the abstract of common clauses to a mere reference to them. Recitals of deeds previously abstracted or recited should be referred to thus—" And reciting the deed of 14th July, 1847, abstracted (or recited), page 6." The names and descriptions of the parcels in a deed should be accurately set out, and they should be identified with the names and descriptions at the head of the abstract if they materially differ therefrom ; but if they are afterwards granted in any other deed by the same names and descriptions it will be sufficient in abstracting such other deed to state that they are conveyed by the same names and descriptions as in the former deed ; or, if the variance is very slight, it will be sufficient to show what the variance is. The same remark is applicable to wills. The common clauses in a deed, such as covenants for title, for quiet enjoyment, for further assurance, and against incumbrances, for indemnity of trustees, payment of rent, cesser of terms, &c., should be referred to as briefly as possible : the contracts, consideration, and habendum should be more fully abstracted, and so should the limitations as far as may be necessary ; but if a limitation has taken effect whereby it has become impossible that the subsequent limitations can take effect, the latter should not be abstracted, e.g., if an estate tail has been barred by a proper disentailing deed, the subsequent limitations of the settlement should be omitted from the abstract.

In abstracting an instrument containing a power to charge there should be a marginal note, or a statement in brackets inserted immediately after the statement of the power, as to whether the power was exercised, and, if so, to what extent, giving a reference to the page of the abstract where the instrument exercising the power is abstracted ; if the instrument creates a charge, whether for portions or otherwise, there should be a similar note or statement as to whether the charge took effect if contingent, and whether it is still subsisting, or has been paid off, released, or has otherwise ceased to affect, and a reference to the page of the abstract on which the payment, release, or cesser of, or devolution of the title to the charge is shown.

At the end of every deed it should be stated by what parties it has been executed, and with what solemnities (if any) ; and if it has been enrolled, or acknowledged by a married woman, and the acknowledgment certified, such facts, with the dates thereof, should be stated. If the instrument abstracted is a marriage settlement it should be immediately followed by a statement of the issue of the marriage, and of the dates of their respective births, and of the deaths of such of them as are dead, so far as such information is material to the title. When an estate is transferred by the death of any person, the date of his death should be stated. When a person takes as heir, it is not enough to state that he is heir : it must be shown how he is heir by setting out so much of the pedigree as proves it. Births, deaths, and facts of pedigree when stated should be accompanied by a reference to the evidence by which such facts are proved.

When upon the death of any person, or cesser of any rentcharge, death duties become payable, a letter or certificate from the Estate Duty Office specifying the outstanding charges for duty, or negativing the existence of any such should be lodged.

In every abstract the deduction of title to the lands should be carried on continuously from its commencement to its completion, and should not as a general rule be interrupted by the deduction of title to, as distinguished from the creation of charges or incumbrances, especially if such charges are still subsisting, or any other collateral matter. The title to such charges or incumbrances, if necessary, and the instruments dealing with them should be set out in a separate part of the abstract, with a proper heading for each charge or incumbrance, and a reference to the page showing the devolution of title to the incumbrance should be made when the creation of the incumbrance is stated in its proper place.

When title to the estate has already been ruled by an Examiner.

5. When the title to the estate has already been ruled in connection with previous proceedings in the Land Commission, it will usually be unnecessary to deduce the title prior to such proceedings. In such a case, after setting out the lands, the solicitor should proceed with the abstract somewhat as follows :—

The lands comprised in this estate are part of those comprised in an Originating Statement No.   filed the     day of      , in the matter of the estate of A.B., a vendor of land. An Abstract of Title was lodged on     day of        , and rulings on title were issued by Mr.    , Examiner, on     day of       , and the searches in the Registry of Deeds were brought down to the    day of       . A Final Schedule of Incumbrances No.      was ruled on       day   of    .        . The lands comprised in the Statement of Ownership [or, Originating Application] herein form the residue not sold in the said matter of those comprised in the said Originating Statement, and it appears from the Abstract of Title, rulings, and Schedule of Incumbrances in the former proceedings that the said A.B. was on     day of       seised as tenant in fee-simple in possession [or otherwise, as the case may be] free from superior interests and incumbrances [or, subject only to the following superior interests and incumbrances—specify all such].

The continuation of the title is as follows :—[Here abstract the further devolution of title.]

[or, where there has been no change in the title]

Since the said     day of       the title has not been affected by the execution of any instrument, or by the process of any Court, or the happening of any event, or otherwise.

Abstract of title prepared for other purpose may be utilised if suitable.

6. An abstract of title prepared for a purpose other than a sale in the Land Commission may, if well drawn and suitable, be utilised either in its entirety or in part, and may be referred to in the new abstract as indicated in the preceding direction, mutatis mutandis, but it should be accompanied by any opinion of counsel that may have been taken thereon, and the solicitor's verifying certificate will be taken as referring to the entire title as presented, and not merely to supplemental matter. Old abstracts of title should not be used where there is a more recent and sufficient root of title.

Epitome of title to be prefixed.

7. Where there are more than three instruments abstracted, and the abstract, exclusive of the headings and certificate, exceeds six pages in length, there shall be prefixed to it an easily detachable epitome or outline sketch of the title to the lands.

Verifying certificate.

8. The certificate of the solicitor verifying the Abstract of Title shall be in the following form :—

I,           of           solicitor [or, a member of the firm of        , solicitors] for the said Owner, hereby certify as follows, viz. :—

(1) I have read the foregoing Abstract of Title, and compared the same with the several documents therein abstracted so far as they are in the said abstract stated to be forthcoming.

(2) The said abstract has been prepared in accordance with the Directions now in force issued by the Judicial Commissioner in that behalf, and is a true and correct Abstract of Title to the lands described at the head hereof, and in the Statement of Ownership [or, Originating Application or Request] filed herein, and the several documents therein purporting to be abstracted are fairly and correctly abstracted to the best of my knowledge, information and belief.

(3) I have in the Schedule of Documents intended to be lodged herewith, and endorsed by me as referred to in this certificate, set forth all deeds and muniments of title relating to the said lands which are in my power, possession or procurement [Here may be added when necessary—except muniments of title bearing date prior to the root of title, and none of which relate to existing charges, or affect the title as abstracted, or, except documents which have already been lodged in Court in the course of the proceedings herein, or otherwise as the case may be stating the instrument and reason for excepting it].

Abstracts lodged but not ruled to be brought up to date.

9. Any Abstract of Title already lodged, but not ruled, which has become incorrect or incomplete by reason of death or transmission of interest, or otherwise, should be taken out by the solicitor for the Owner, corrected, brought up to date and certified in accordance with these Directions, and relodged.

ALLOCATION SCHEDULE.

Form of.

10. The Allocation Schedule shall be legibly written in roundhand (not typewritten) on writing large post paper. The front page shall be headed :—

" COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1923 .

[or, LAND PURCHASE ACTS, as the case may be].

Record No.

Estate of                     Owner, County of

ALLOCATION SCHEDULE."

The rest of the page and two additional pages shall be ruled in faint blue. The rest of the schedule shall be in the form heretofore in use for final schedules of incumbrances, that is to say as follows :—

Documents required for drafting.

11. Before drafting the Allocation Schedule the solicitor should have :—

(a) The Owner's, or his agent's, last account or particulars of all outgoings paid or due in respect of the estate.

(b) The quit rent, tithe rentcharge, and Board of Works certificates, or, if the certificates have not been furnished, receipts for the last payment of any quit, crown, or composition rent, tithe rentcharge or instalments in lieu thereof payable to the Land Commission, or Board of Works charge affecting the estate.

(c) The receipt for the last payment of any impropriate tithe rentcharge affecting the estate. (The solicitor should see that such rentcharge has been varied in pursuance of the Tithe Rentcharge (Ireland) Act, 1900.)

(d) A copy of any affidavit filed in respect of a lien claimed on deeds lodged.

(e) The full names and residences of the persons entitled to any superior interest, charge, incumbrance or other claim affecting the estate, and, if the Owner of the estate holds under fee-farm grant or lease, particulars of any superior rent payable or evidence that there is no such superior rent.

( f ) A letter or certificate from the Estate Duty Office specifying or negativing any outstanding charge for death duties, unless no death or cesser of rentcharge on which duty might be payable has occurred.

(g) In the case of sales under the Irish Land Acts, 1903 and 1909, a certificate as to whether any order has been made as to parties receiving notice of any dealing with the purchase money or percentage payable out of the Land Purchase Aid Fund, or, in the case of proceedings under the Land Act, 1923 , a copy of any claim that may have been filed.

Claims to appear on.

12. The Allocation Schedule should show all superior interests, charges, incumbrances or other claims which shall appear to affect the estate and to be a lien upon and payable out of the purchase money thereof, and all such claims shall be placed in such order of priority as may appear to be in conformity with the prima facie rights of the parties, and the sums due for principal should be stated in so far as they can be ascertained : it should also state the person or persons entitled to the surplus purchase money after payment of charges, and, in the case of an estate sold under the Irish Land Acts, 1903 and 1909, the person or persons entitled to the percentage payable out of the Land Purchase Aid Fund if such percentage be payable.

Claims not to appear on.

13. When the purchase money, or any portion of it, is payable to the trustees for the purposes of the Settled Land Acts, 1882 to 1890, of a settlement, such rentcharges, portions charges or other charges as were created by, or under any power in the instrument or instruments constituting the settlement should not usually be set out as claims on the schedule, except in the case of a charge securing money actually raised.

Lettering and numbering of claims.

14. In the case of an estate sold under the Irish Land Acts, 1903 and 1909, should the Owner be a tenant for life or other limited owner, his claims for arrears of rent, if any, under sub-section (8) of section 24 of the Irish Land Act, 1903, and for interest on the purchase money under sub-sections (2) and (3) of the same section should appear as "A" and " B " respectively before all other claims. Subject as above, claims should usually be numbered consecutively according to priority, those in equal priority receiving the same number and a distinguishing letter with a statement that they are in equal priority.

When claims affect part of the estate only.

15. If different portions of the estate are subject to different claims, and it is not manifest that on the allocation there will be ample funds to discharge all such claims out of the portions of the purchsse money applicable therefor respectively, the schedule should be prepared in parts, but if there be claims common to two or more parts, they should be stated in extenso and vouched in the first part in which they appear only, and briefly referred to in the other parts. Should the schedule not be prepared in parts, it should be clearly stated at any claim which does not affect the entire estate what land or purchase money such claim affects, as any omission to do so might result in the filing of an objection to the schedule.

Priorities of superior interests.

16. As between superior interests (not being in the nature of incumbrances) the priorities usually are, first, quit, crown, and composition rents ; next, head rents, a superior rent being in priority to the inferior rent out of which it is served ; next, tithe rencharges whether ecclesiastical or impropriate, or annual instalments in lieu of the former ; and next, Board of Works charges in their order of creation. When a quit or crown or other superior rent is primarily charged upon an inferior rent there should be a note to that effect after the statement of both the superior and inferior rent.

Annual charges : tenant for life to be named as claimant.

17. Annual charges should be so described, which description will include the claim for redemption price, arrears and costs. If a superior interest is the subject matter of a settlement, the tenant for life would be the person to be named as claimant, and, unless the redemption price would not exceed £30, the statement in the claimant column should be " A.B. of, &c., as tenant for life under settlement made by an Indenture " dated, &c. (or, will dated               of X.Y., " deceased) of which settlement C.D. of     and E.F. of     " are trustees for the purposes of the Settled Land Acts, 1882 to 1890," or, otherwise, according to the circumstances. If the arrears and redemption price are not payable to the same person, the claim for such arrears may for convenience be set out as a sub-item after the principal claim, as also may the claim for costs in the case of an estate sold under the Irish Land Acts, 1903 and 1909, when it is desired that such costs shall be paid to the solicitor and not to the client.

How claims should be stated.

18. The name in full, addition, and residence of every claimant, not being a corporate body, should be accurately stated, and the date, registration, names of the parties to, and short description of the instrument, if any, by which the claim is created ; if it is founded upon a judgment, the sum recovered, the year and term, Court, and names of the parties to the judgment should be stated. If the claimant in respect of a mortgage, portions charge, or other capital sum is not the original mortgagee or chargeant, the devolution, if not shown on the abstract of title, should be concisely but accurately stated, e.g., " Mortgage of this date made by A.B. to C.D. to secure £5,000 with interest at 6, reducible to 5 per cent., and which has become vested in the claimant under the following instruments, viz. :—[Here state the instruments, merely giving the dates of, and parties to deeds of transfer].

Every claim on the schedule should be set out as concisely as is compatible with an accurate and intelligible statement, and this object can only be attained by a careful perusal of all the documents by the solicitor before drafting the schedule. Where questions of priority or other questions as regards a particular claim are likely to be raised on the ruling of the schedule, it is sometimes desirable to state the claim more fully for the convenience of the Judge, but in ordinary cases no unnecessary matter should be stated on the schedule which should not be made an abstract of title to charges.

Verifying certificate.

19. The certificate of the solicitor verifying the draft Allocation Schedule shall be written at the end thereof and shall be in the following form :—

I,          of         , solicitor [or, a member of the firm of         , solicitors] for the said Owner, hereby certify that I have read the foregoing draft Allocation Schedule, and that the same has been prepared in accordance with the Directions now in force issued by the Judicial Commissioner in that behalf, and to the best of my knowledge and belief complies with such Directions, and shows every superior interest, charge, incumbrance or other claim which is a lien upon and should be discharged out of the purchase money of this estate, and there is not to the best of my knowledge and belief any person who has or claims any estate, right, title or interest which would entitle such person to be named as a claimant on the said schedule whose claim does not appear thereon.

Final notice to claimants.

20. The Final Notice to Claimants shall be in the form following :—

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1923 .

Record No.

Estate of          Owner. County of

Take notice that the Allocation Schedule for the distribution of the purchase money of the lands comprised in the first schedule to the Statement of Ownership filed herein [If the scope of the Allocation Schedule is limited by the Examiner vary accordingly] which have become vested in the Irish Land Commission in pursuance of the said Act, has been lodged in the Examiners' Office of this Court, at 25 Upper Merrion Street, Dublin, and may be there inspected together with the said Statement of Ownership,* and any person having any claim not inserted in such Allocation Schedule, or objecting thereto either on account of the amount or priority of any claim therein appearing as due to him or any other person, or for any other reason [Here insert any special matter] is required to lodge an objection thereto, stating the particulars of his demand duly verified, with the Registrar of this Court on or before the     day of     192  , and to appear on the   day of    , 192 , at  o'clock, before the Judicial Commissioner at his Court, when he will adjudicate upon the several claims appearing on the said Allocation Schedule and upon any objections lodged thereto. And take notice that any claim appearing on such Allocation Schedule is liable to be objected to within the time aforesaid. And further take notice that I have fixed the   day of     192 , at  o'clock, for the vouching of the several claims appearing on the said Allocation Schedule, and all parties interested should attend before me on that day with the necessary proofs to vouch their respective claims. Any interest or arrears claimed should be calculated up to the   day of           , 192 .

Examiner.

Solicitor for the said Owner.

In the case of an estate sold under the Irish Land Acts, 1903 and 1909, the form will be varied as follows :—

COURT OF THE IRISH LAND COMMISSION.

LAND PURCHASE ACTS.

Take notice that the Allocation Schedule for the distribution of the purchase money of the lands comprised in the first schedule to the Originating Application [or, Request] filed herein [If the scope of the Allocation Schedule is limited by the Examiner vary accordingly] has been lodged in the Examiners' Office of this Court, at 25 Upper Merrion Street, Dublin, and may be there inspected together with the said Originating Application [or, Request] [The rest of the notice is the same as the preceding one from*]

Particulars of amounts due on foot of claims to be furnished to solicitor for the Owner.

21. It shall be the duty of the solicitor for the Owner to ascertain as far as possible before the vouching of the Allocation Schedule the sums due under the respective columns therein in respect of each claim appearing thereon, and the sums, if any, to be deducted for income tax ; and for that purpose every claimant, or his solicitor, shall, not less than four days before the date of vouching, furnish in writing the aforesaid particulars in respect of his claim to the solicitor for the Owner.

Documents to be produced when proving service of final notice to claimants.

22 On attending at the Examiners' Office to prove the service of the final notice to claimants the solicitor for the Owner shall produce, in addition to the notice and proofs of service, the rulings on title, and certificates of appearances, objections, lien on deeds, and funds, and in the case of the sale of an estate under the Irish Land Acts, 1903 and, 1909, a certificate as to whether any order has been made as to parties receiving notice of any dealing with the purchase money or the percentage payable out of the Land Purchase Aid Fund.

In order to have the sums due on foot of the several claims, so far as admitted, filled in on the Allocation Schedule in the Examiners' Office before the vouching, the solicitor for the Owner shall also produce any receivable orders or assessments, and the particulars furnished to him by the several claimants of the sums due on foot of their respective claims in so far as he admits such particulars to be accurate and initials them as checked.

Receipts to be produced on vouching.

23. On the vouching of the Allocation Schedule the solicitor for the Owner should have the receipt for the last payment made in respect of any superior interest, or the interest on any charge appearing on the schedule, so that the amount due can be ascertained though the claimant may not attend to prove his claim.

Admissions and consents.

24. On the vouching of any claim the Examiner may in proper cases take admissions in lieu of proofs, and in such case he shall certify such admission to the Judicial Commissioner, with the name of the person making the same.

When a person whose claim has been proved desires to waive the same or his priority, either wholly or in part, unless the Judicial Commissioner otherwise directs such person shall file a consent to that effect signed by himself and verified, or signed by his solicitor.

When the capital value of a superior interest does not exceed £100, the Examiner may take down in writing any consent given by or on behalf of the claimant in respect of such superior interest as to the amount of the redemption price thereof.

Consents by the Owner may always be signed on his behalf by his solicitor unless the solicitor is personally interested, or also represents any person whose interest might be hostile to that of the Owner in the subject matter of the consent.

Admissions and consents by a claimant (including a consent fixing the redemption price of a superior interest) may be given or signed on his behalf by his solicitor provided such solicitor does not also represent the Owner or any person whose interest might be hostile to that of the claimant. When the admission or consent is in writing the solicitor must enter an appearance on behalf of the claimant before signing the consent, except a solicitor designated to represent a Banking Company under Rule 1 of Order VI.

TITLE TO SUPERIOR OR INTERVENING INTERESTS, OR COMPENSATION PAYABLE TO A TENANT ON RESUMPTION BY THE LAND COMMISSION OF A RETAINED HOLDING.

When redemption price of superior interest does not exceed £100.

25. To obtain payment of the redemption price of a superior interest when such price does not exceed £30, it will be usually sufficient to produce to the Examiner evidence that the claimant is in possession or receipt of the income of the superior interest.

An averment in the Statement of Ownership, or Originating Application or Request, coupled with the production of receipts, or, failing that or other sufficient evidence, a short affidavit by the claimant, or by some person who can depose to the facts, would be proper evidence.

When an affidavit is necessary the deponent should state the capacity in which the claimant is in receipt of the income, i.e., as beneficial or absolute owner, tenant for life, trustee, or otherwise.

When the redemption price exceeds £30, but does not exceed £100, there should be an affidavit, made by the claimant where practicable, stating that the claimant is in possession or receipt of the income of the superior interest, and whether it is proposed that the payment should be made to the claimant or to trustees, and an exhibit should be made of the undertaking to apply the redemption price as if it were capital money under the Settled Land Acts, 1882 to 1890, unless such undertaking is embodied in the affidavit.

Affidavit in proof of title.

26. The affidavit in proof of title to a superior interest, the redemption price of which exceeds £100, or to an intervening interest, or compensation payable to a tenant on resumption by the Land Commission of a retained holding shall be made by the claimant, unless he is under disability, in which case it may be made by his solicitor, but if the superior or intervening interest, or retained holding is the subject-matter of a settlement within the meaning of the Settled Land Acts, 1882 to 1890, the affidavit may be made by the person entitled in possession under such settlement. The affidavit should state the title as concisely as is compatible with clearness : the effect of instruments should usually be stated instead of an abstract in detail of their contents.

Subject as is hereinafter directed, the affidavit shall state all claims whether in the nature of superior interests, charges or incumbrances, affecting the superior or intervening interest, or retained holding to which title is being shown, or the redemption price thereof, and shall specifically negative the existence of any other such claim, or, if there be no such claim, the fact shall be deposed to. The proposed application of the redemption price or compensation should be stated : in the case of a superior interest, any quit, crown, or composition rent, which would usually be a first charge, and any other superior rent should first be provided for. If the superior or intervening interest, or retained holding is subject to incumbrances, the redemption price or compensation should be applied towards their discharge in order of priority, and any deviation from that course, whether by consent or otherwise, would usually be at the expense of the redemption price and not of the estate. If the superior interest be an impropriate tithe rentcharge, a certificate from the Superintendent of the Quit Rent Office stating whether the rentcharge is subject to Crown rent should accompany the affidavit. If it is proposed to apply the redemption price in satisfaction or reduction of an incumbrance affecting the superior interest, the affidavit should not as a rule set forth the title subsequent to the instrument creating the incumbrance, save so far as may be necessary to show in whom such incumbrance is vested, but it should state the person or persons entitled to the superior or intervening interest or retained holding, as the case may be, subject to the incumbrances, and refer to the instrument under which he or they is or are so entitled.

If the redemption price, or any part thereof is payable to the deponent, or to the trustees of a settlement under which he is beneficially entitled, the affidavit should contain an averment that the deponent is, or the trustees are, as the case may be, entitled to payment.

CHAMBER APPLICATIONS.

27. In proceedings before the Judicial Commissioner the costs of counsel shall not be allowed in the case of any matter dealt with in Chamber except by direction of the Judicial Commissioner.

The following applications shall be dealt with in Chamber in the first instance, but the Judicial Commissioner may direct any case to be transferred from the Chamber list to the Court list :—

(a) To enlarge or abridge the time fixed by any Rule or Order for doing any act or taking any proceeding.

(b) To receive or file an affidavit or other document notwithstanding an irregularity.

(c) For partial allocations in pursuance of Rule 5 of Order XX.

(d) For payment to a claimant who has vouched his claim in pursuance of Rule 6 of Order XX when the capital sum to be paid does not exceed £1,000.

(e) For the ruling of an Allocation Schedule and distribution when the purchase money does not exceed £1,000, and no objection has been filed, and no question of law or as to the amount of a redemption price arises.

(f) To allow costs the right to which has been forfeited for some default by the applicant. The Judicial Commissioner may require notice to be given of such an application.

(g) For payment, after vouching, of any undisputed claim (irrespective of amount) not fully satisfied on the general allocation.

(h) By an Owner for payment of interest on funds in Court pending distribution, if a certificate of the Examiner to the effect that the applicant is not in default and that the payment will not prejudice any other claimant is produced.

(i) To continue proceedings in pursuance of a certificate or ruling of the Examiner provided no question of law is reserved for the Judge.

(j) Generally, applications of a formal nature grounded on consent or which may be made exparte.

(k) Such other applications as the Judical Commissioner may direct to be heard in Chamber.

An application to review a ruling on title or direction made or given by an Examiner should usually be made in Court ; but when a solicitor is dissatisfied with any such ruling or direction and wishes to appeal to the Judicial Commissioner, the Examiner may, if he thinks fit, arrange for the attendance of the solicitor with him in the Judge's Chamber to have the matter disposed of.

LIMITATION OF RETAINERS FOR COSTS.

28. No retainer of funds for costs shall be effective for a longer period than six months, unless the Judicial Commissioner orders retention for a longer period, and at the expiration of the period of retention the funds may be distributed without regard to the claim for such costs ; provided that application may be made to the Judicial Commissioner before the expiration of the period of retention to extend such period, and, if the period of retention expires at a date when the Court is not sitting, the retainer shall not be discharged until after the first subsequent day on which the Court shall sit.

Every existing retainer of funds for costs made before 1st October, 1923, shall be discharged on the 31st March, 1924, unless the Judicial Commissioner, upon application made to him before that date, shall have extended the period of retention.

W. E. WYLIE.