Appendix P: Funds in Court
|
_______ O.77, r. 2(3) LODGMENT SCHEDULE _______ THE HIGH COURT Date of order ....... 20 ....... . No. Title of cause or matter Ledger credit ....... [if same as title of cause, state "as above"]*
Lodgement Schedule.
(Signed) ________ O. 77, r. 3 (3)
PAYMENT SCHEDULE _______ [Follow Form No.1 down to*] Funds in Court [set out] Payment Schedule.
(Signed) _______ O. 77, r. 5
COMBINED LODGMENT AND PAYMENT SCHEDULE _______ [Follow Form No. 1 down to*]
Lodgment and payment schedule. I. Lodgment.
(Signed) II. Payment Funds to be dealt with { € National Loan. € Cash.
Funds to be lodged as above
(Signed) _______ O. 77, r. 8 CERTIFICATE OF ASCERTAINED SUMS. _______ THE HIGH COURT Date of order ....... 20 ....... . No. Title of cause or matter Ledger credit ....... [if same as title of cause, state “as above”] I certify that under an order dated ....... 20 ....... , the sums stated in the schedule hereto amounting in the whole to € ....... , have been ascertained to be the sums payable under the said order to the persons respectively named, in respect of [state in what character paid]. Dated SCHEDULE
_______ O. 77, r. 9 CERTIFICATE OF COSTS. _______ THE HIGH COURT Date of order ....... 20 ....... . No. Title of cause or matter Ledger credit ....... [if same as title of cause, state “as above”] In pursuance of an order dated ....... 20 ....... , I have been attended by the solicitors for ....... and I certify that I have adjudicated the costs specified in the schedule hereto, directed to be adjudicated by the said order, at the sums respectively stated in the schedule, which sums with the costs of adjudication specified (if any), amount to the total sum of ………….. Dated SCHEDULE
_______ O. 77, r. 13
CERTIFICATE OF EXECUTION OF DOCUMENT _______
[Follow Form No. 1 down to *]
An order of the Court dated ....... 20 ....... , having directed that the undermentioned dealings with the funds specified shall be contingent upon the execution of [describe the document to be executed], I hereby certify that the said document has been executed as directed in the said order of the Court.
Amount in words } Money Total only of each money column } Securities Dated (Signed) Examiner or Registrar. _______
O. 77, r. 21(2)
REQUEST FOR LODGMENT OF MONEY
The High Court [Title of cause or matter] 20…. , No. Request for lodgement
Ledger credit to which lodged [If same as title or cause, state "as above"]
[Further particulars (if any) should be stated].
The Accountant is hereby requested by [state name] to receive the sum of € __ or the ledger credit in the records of the Accountant above specified.
[Specify authority or certificate (if any) in pursuance of which the funds are to be lodged and the date of such authority or certificate.]
Dated Signed
Substituted by SI 51 of 2005, effective 28 July 2005. _______
O. 77, r. 21(2) REQUEST FOR LODGEMENT OR TRANSFER OF SECURITIES
The High Court Title of cause or matter. 20.. No.
I. -Request for direction for lodgement or transfer of securities.
Ledger credit to which lodged [If same as title of cause, state "as above".]
Authority is hereby requested for the lodgment (or transfer) to the account of the Accountant, The Courts Service, Phoenix St. North, Dublin 7 [Amend if necessary], of the securities mentioned below, for the ledger credit in the records of the Accountant above specified.
To be lodged (or transferred) by
Description and amount of securities,
Date of order (if any)
[Specify authority or certificate (if any) in pursuance of which the funds are to be lodged and the date of such authority or certificate.]
Dated
Signed
II. - Accountant's direction for lodgement or transfer.
To the Proper Officer of [Insert name of company].
Authority is hereby given for the lodgement or transfer of the above-mentioned securities to the account of the Accountant, The Courts Service, Phoenix St. North, Dublin 7 [Amend if necessary].
Dated
Signed
III.- Certificate of lodgment or transfer.
To the Accountant, The Courts Service, Phoenix St. North, Dublin 7 [Amend if necessary]
The securities herein mentioned have this day been lodged or transferred to the Account of the Accountant, The Courts Service, Phoenix St. North, Dublin 7 [Amend if necessary].
Dated
Signed
Substituted by SI 51 of 2005, effective 28 July 2005. _______
O.77, r. 21(3)
REQUEST FOR LODGMENT IN COURT UNDER ORDER 22
The High Court [Title of Action] 20…… No Ledger credit to which lodged [ If same as title of action state "as above"]
The Accountant is requested to receive and place in an interest bearing cash investment * the sum of €...... which amount is paid in on behalf of the Defendant [state name, and continue as exemplified in the note] and placed in an interest bearing cash investment *
* Delete reference to interest bearing cash investment if not required
Dated
Signed
Note. Insert according to the circumstances: - (a) in satisfaction of the claim above named [state name of party] with an admission of liability, ..... (b) against the claim of above named [state name of party] with a denial of liability, ..... (c) with a defence setting up tender, (d) against the claim of the Plaintiff for rent, ......... [or as the case may be].
Substituted by SI 51 of 2005, effective 28 July 2005.
_______
O.77, r.21(5)
REQUEST BY REGISTRAR OF WARDS OF COURT FOR LODGMENT OF MONEY
The High Court Wards of Court [ Title of matter ] Request for lodgment of money under Order 77, Rule 21(5)
Ledger credit to which lodged [ if same as title of matter, state "as above" ]
The Accountant is requested to receive from the Registrar of Wards of Court the sum of € ..... for the ledger credit in the records of the Accountant above specified.
Dated
(Signed) Registrar of Wards of Court
Inserted by SI 51 of 2005 effective 28 July 2005. _______
O.77, r.21(5)
REQUEST BY REGISTRAR OF WARDS OF COURT FOR LODGEMENT OR TRANSFER OF SECURITIES
The High Court Wards of Court [Title of matter]
I.- Request for lodgment or transfer of securities under Order 77, Rule 21(5)
Ledger credit to which lodged [ if same as title of matter, state "as above" ]
Authority is hereby requested for the lodgment (or transfer) to the account of the Accountant, The Courts Service, Phoenix St. North, Dublin 7 [Amend address if necessary] of the securities mentioned below, for the ledger credit in the records of the Accountant above specified.
To be lodged (or transferred) by Description and amount of securities
Dated
(Signed) Registrar of Wards of Court
II.- Accountant's direction for lodgment or transfer
Authority is hereby given for the lodgment or transfer of the above mentioned securities to the account of the Accountant, The Courts Service, Phoenix St. North, Dublin 7. [Amend address if necessary]
Dated (Signed)
III.- Certificate of lodgment or transfer.
It is hereby certified that in accordance with the above direction the securities herein mentioned have this day been lodged or transferred to the account of the Accountant, The Courts Service, Phoenix St. North, Dublin 7 [Amend address if necessary]
Dated (Signed) ...................
Inserted by SI 51 of 2005 effective 28 July 2005. _______
O. 77, r. 31
NOTICE OF APPROPRIATION UNDER ORDER 22, RULE 9, OF MONEY LODGED THE HIGH COURT 20 ....... No. ....... [Title of action].
Notice of appropriation of money lodged.
Ledger credit: [If the same as title of action, state "as above."]
To the Accountant, Four Courts, Dublin.
Take notice that under Order 22, rule 9, € ....... of the money lodged in the Court in this action under order dated ....... 20 ....... , is appropriated by the defendant [state name of party and continue as exemplified in the note in Form No. 9].
Dated (Signed) _______
O. 77, r. 32(1)
REQUEST FOR PAYMENT OF MONEY AGAINST CLAIM
THE HIGH COURT 20 ....... . No. ....... [Title of action]
Request for payment of money lodged or appropriated against claim with defence denying liability.
Ledger credit: [If same as title of action, state "as above."]
To the Accountant, Four Courts, Dublin.
I hereby notify you that the sum of € ....... paid in the above action has been accepted by the plaintiff in satisfaction of the claim in respect of which it is paid in, and I declare that due notice has been given of such acceptance thereof.
And I request that payment of the said sum may be made to
Witness .......
Dated
(Signed) [Signature and address] ....... [Address]
N.B.—If payment is to be made to the plaintiff's solicitor the plaintiff shall himself sign the request, the words "my solicitor" [naming such solicitor] having been first inserted but if payment is to be made to the plaintiff in person, the request may be signed either by the plaintiff, or by the solicitor of the plaintiff, the words "me, the plaintiff" or who shall insert "the plaintiff [naming him], as the case may be, being first inserted. Payment will be made by a draft which shall be passed through a bank. _______ O. 77, r. 35(2) POWER OF ATTORNEY
Know all men by these presents that I, ................... do hereby constitute and appoint .......... of ................ my attorney in my name, and on my behalf to receive of and from the Accountant, The Courts Service, Phoenix St. North, Dublin 7, Ireland, [amend address if necessary] the cheque or draft for the sum of € .... payable to me under an order of the High Court dated ........... in a cause or matter entitled ......... and upon receipt thereof, or any part thereof, to give proper acquittances and discharges from the same, and I hereby ratify, confirm and allow whatsoever my said attorney shall lawfully do or cause to be done in the premises by virtue of this authority.
In witness whereof I have hereunto set my hand* this [to be written in words] ... day of ... two thousand and .....
Signed and delivered* by the said [name of grantor in full] in our presence.
Signature of witness ............... [Grantor's signature][Seal] Address ........... Occupation ............
Signature of witness ............. Address ....... Occupation ..............
Instructions to be strictly observed by grantors and witness respectively.
Date.- The date of the power must be inserted in words (and not in figures) at the execution. If executed by more than one person the power should be dated on the day and at the time when the first signature is attached.
Witnesses:
1. In all cases, the signature of each person executing the power must be attested by the signature of two credible witnesses, who must add their full address, and their occupations. Notaries public and other officials should affix their official seals.
2. If the power be executed outside Ireland, its execution should be verified in the manner specified in Order 78 of the Rules of the Superior Courts.
3. When clerks or servants are witnesses they must give the names and addresses of their employers. A husband or wife is not a valid witness to the execution of a power of attorney in which either of them is a grantor or grantee.
4. When a person unable to write executes a power of attorney by affixing a mark (X) instead of a signature, the witnesses must declare in writing that the power of attorney was first read over and fully explained to, and appeared to be understood by, such person.
Alterations, Erasures, &c. - If any addition, alteration, interlineation or erasure be made in a power of attorney, it must be stated in each attestation by the witnesses that such addition, alteration, interlineation, or erasure was made prior to the execution of the power of attorney.
Substituted by SI 51 of 2005 effective 28 July 2005.
_______
O. 77, r. 43
DECLARATION TO BE MADE BY A WIDOW OR NEXT - OF - KIN OF A PERSON WHO HAS DIED INTESTATE, WHEN LETTERS OF ADMINISTRATION HAVE NOT BEEN TAKEN OUT, AND WHEN THE TOTAL ASSETS OF THE ESTATE OF THE DECEASED HAVE NOT EXCEEDED THE VALUE OF €25,000
I, ................... do solemnly and sincerely declare that:
1. I am [state relationship] and one of the next of kin of deceased, and I am entitled to take out administration to his estate, and to receive the sum of € ...... directed to be paid to him by the order of the High Court dated ............... in the cause or matter entitled.
2. The total value of the assets of the deceased, including the above sum, does not exceed €10,000, and the funeral expenses of the deceased have been paid.
3. I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938.
(Signed) ........... Declared, &c. ..............
Substituted by SI 51 of 2005, effective 28 July 2005 and amended by SI 488 of 2012, effective 28 December 2012. _______
O. 77, r. 60
REQUEST FOR INVESTMENT OF MONEY LODGED UNDER THE TRADE UNION ACT 1941
[Name and address of trade union.]
The Accountant is hereby requested to invest the sum of € ....... deposited by this Trade Union under the Trade Union Act, 1941, in the following security [or securities]:
Dated
(Signed) Secretary or Treasurer.
Amended by SI 51 of 2005 effective 28 July 2005. _______
O. 77, r. 60
REQUEST FOR VARIATION OF SECURITIES DEPOSITED UNDER THE TRADE UNION ACT 1941 [Name and address of trade union]. The Accountant is hereby requested to sell the following security or securities comprised in this Trade Union's deposit, namely:
and to invest the proceeds of said sale in the following security (or securities):—
Dated
(Signed) Secretary or Treasurer.
Amended by SI 51 of 2005 effective 28 July 2005. _______
O. 77, r. 61
REQUEST FOR PAYMENT TO A BANK OR OTHER PAYEE OF INCOME ON SECURITIES COMPRISED IN A DEPOSIT UNDER THE TRADE UNION ACT 1941 [Name and address of trade union]. The Accountant is hereby requested and authorised to pay the income as received from the securities from time to time comprised in the deposit of this Trade Union to [name and address] ....... whose receipt shall be a full and sufficient discharge.
Dated
(Signed) Secretary or Treasurer.
Amended by SI 51 of 2005 effective 28 July 2005. _______
O. 77, r. 61
STATUTORY DECLARATION TO BE MADE WHEN INCOME TO BE PAID OTHERWISE THAN TO BANKERS OF DEPOSITOR _______ I, ....... of ....... do solemnly and sincerely declare that I am the Secretary [or Treasurer] of the ....... Trade Union, by which a deposit has been made pursuant to the Trade Union Act 1941, and that I am authorised by the said Trade Union to request payment of the income or dividends on such deposit to be made to ....... .
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938.
(Signed) Declared, &c.
Amended by SI 51 of 2005 effective 28 July 2005. _______
O. 77, r. 62
REQUEST FOR RETURN OF DEPOSIT MADE UNDER THE TRADE UNION ACT 1941 _______ [Name and address of trade union].
The Accountant is hereby requested to pay and/or transfer to:
Full name(s) address(es) and description ....... of transferees }
the following amounts of cash and/or securities all [or part of] the deposit made on behalf of the above-named Trade Union, namely:
Cash: Securities:
(Signed) .............. Secretary. (Signed) ................ Treasurer.
Amended by SI 51 of 2005 effective 28 July 2005. _______
STATUTORY DECLARATION TO BE MADE WHEN PAYMENT OF MONEY OTHERWISE THAN TO BANKERS OR TRANSFER OF SECURITIES IS REQUESTED _______
I, ....... of ....... do solemnly and sincerely declare that I am the secretary of the ....... Trade Union, by which a deposit has been made pursuant to the Trade Union Act 1941.
I, ....... of ....... do solemnly and sincerely declare that I am the treasurer of the said ....... Trade Union. And We, the said ....... and the said ....... do solemnly and sincerely declare that we are authorised by the said Trade Union to request the return of the said deposit [or a specified portion thereof] and that payment or transfer thereof be made to ....... .
[set out manner]
And we make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declaration Act 1938,
(Signed) ................ Secretary. (Signed) ................. Treasurer.
Declared, &c. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||