S.I. No. 319/1947 - Auctioneers and House Agents Act Rules, 1947.

We, the Superior Courts Rules Committee constituted pursuant to the provisions of Section 67 of the Courts of Justice Act, 1936 , by virtue of the powers conferred upon us by Section 36 of the Courts of Justice Act, 1924 , and Section 68 of the Courts of Justice Act, 1936 , and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 31st day of July, 1947.

(Signed) Conchubhar A. Maguidhir.

" Seorsa Gabhánach Ó Dubhthaigh.

" James A. Murnaghan.

" John O'Byrne.

" Cahir Davitt.

" Kevin Dixon.

" Gerald Horan.

" Michael Binchy.

" T. U. O'Dell.

I CONCUR in the making of the annexed Rules of Court.

Dated this 9th day of August, 1947.(Signed) GERALD BOLAND,

Aire Dlí agus Cirt.

1. These Rules may be referred to as " the Auctioneers and House Agents Act Rules, 1947, " and shall be read with the existing Rules of High Court and Supreme Court and be deemed to be incorporated therewith but shall, so far as inconsistent therewith, amend or alter the said Rules accordingly.

2. In these Rules :—

" the Act " means the Auctioneers and House Agents Act, 1947 (No. 10 of 1947) ;

" the Court " or " Court " means the High Court ;

" the Accountant " means the Accountant of the Courts of Justice ;

"authorised securities" means securities authorised by Rules of Court for the investment of moneys under the Control of the Court ;

words or phrases used in the Act or in the Rules of the Supreme Court (Ireland) 1905, or in the Rules of High Court and Supreme Court, 1926, or the Rules of High Court and Supreme Court, 1938, shall have respectively in these Rules the same meaning as therein.

3. Any deposit under Part IV of the Act, whether by way of original deposit or of addition thereto, may, without an order of the Court, be placed in the books of the Accountant to an account entitled

Ex Parte............................................................ ....(depositor's name), in the matter of the Auctioneers and House Agents Act, 1947 , provided that no security, being a mortgage of freehold and copyhold estates in Ireland or of either of such estates, shall be deposited under Part IV of the Act, whether by way of original deposit or of addition thereto, without an order of the Court.

4.—(1) Pending or in default of a request by a depositor for the investment of such part of a deposit made under Part IV of the Act as is made in money, the Accountant may place such money on deposit receipt in the Bank of Ireland.

(2) A request signed by or on behalf of the depositor shall, without an order of the Court, be a sufficient authority for the Accountant to do all or any of the following things, viz. :—

(a) to invest such money or a specified part thereof in authorised securities specified in such request ;

(b) to vary the authorised securities to which such request relates into other authorised securities specified in such request, whether by way of sale and re-investment or by way of transfer of such authorised securities to the depositor in exchange for an equivalent amount of such other authorised securities ;

(c) to sell and convert into money the authorised securities to which such request relates ;

provided that no such investment or variation of securities shall comprise any mortgage of freehold and copyhold estates in Ireland or of either of such estates.

5. A request, signed by or on behalf of the depositor, shall, without an order of the Court, be a sufficient authority for the Accountant to pay to the depositor the income from time to time as received from the securities in which a deposit or any part thereof made under Part IV of the Act is for the time being invested.

6.—(1) An application pursuant to section 15 (1) or 16 of the Act shall be brought by Summary Summons (Form III) in Appendix I to the Rules of the High Court and Supreme Court, 1926, and wherethe application is brought under section 15 (1) the depositor, or the Assurance Company as the case may be, shall be named as defendant.

(2) An application pursuant to section 15 (2) of the Act may be by motion ex parte.

7. Where any request made under these Rules is signed by a person purporting to act on behalf of a depositor, the Accountant may, if he shall think fit, require evidence that the person so signing is properly authorised to make such request. Such evidence may be furnished by a certificate signed by a solicitor acting on behalf of the depositor, unless in any case the Accountant thinks fit to require such evidence to be by statutory declaration or affidavit.

8. Every direction given pursuant to a request made under these Rules for the payment, delivery or transfer of money or securities out of Court or for the investment, sale or variation of money or securities deposited in Court or for payment of dividends as they accrue due, shall be signed by the Accountant or in his absence by the Chief Clerk in the Accountant's Office and countersigned by one other officer, that is to say, by the Chief Clerk when not signing as aforesaid, or, when the Chief Clerk signs as aforesaid or is absent, by such other clerk in the said office as shall be appointed in writing for the purpose by the Accountant.

9. Directions of the Accountant issued under these Rules, signed and countersigned by such officers as hereinbefore in that behalf mentioned, shall be sufficient authority to the Bank of Ireland for the payment of the money specified in any such directions, and shall be sufficient to authorise the Bank of Ireland or other company to transfer, on sale or otherwise, or to deliver any securities standing to the account of the Accountant which may be specified in such directions.

10. The Accountant in any case in which he sees reason for so doing may, notwithstanding anything in these Rules contained, decline to act without an order of the Court.