Page:UKSRO 1890.pdf/162

126 CIVIL BILL COURT, IRELAND. 11. When a trustee shall have availed himself of the pro- visions of the first rule of this order without sufficient reason, the Judge may direct such trustee to bear his own costs, and to pay the costs of any other parties, or to bear and pay any part of such respective costs as the Judge shall think fit. 12. Subject to and in accordance with the foregoing rules, all proceedings under sub-sections (i) and (k) of section 33 of the County Officers and Courts (Ireland) Act, 1877,* shall be com- menced by filing a petition. 13. Petitions shall be delivered to the Clerk of the Peace at his office one calendar month before the sitting of the Court at which the petition is to be heard or application made, and shall be filed by him in his office. 14. The person delivering such petition shall cause copies thereof to be served upon the respective persons necessary to be served therewith, together with twenty-one clear days' notice informing them of the day on which the petition will be heard, and that if they do not attend either in person or by their soli- citors, auch order will be made and proceedings taken as the Judge may think just and expedient 15. Service under the last preceding rule shall be effected in the same manner as Civil Bills in equity suits are herein- before directed to be served. 16. Upon the trial of any claim under this order, unless the Judge shall otherwise direct, the facts relied upon in support of or in opposition to such claim shall be proved by affidavit. 17. When the Judge makes an order upon such petition, the Clerk of the Peace or Registrar shall as soon thereafter as con- veniently may be draw up and enter such order in the Equity Civil Bill Book.

18. The preceding orders relating to equity suits shall in all cases, where they are applicable, apply to proceedings under this order.

1. The plaintiff in all partition suits shall, at the time of lodging the Civil Bill, also lodge therewith a short abstract of title to the lands sought to be partitioned. The abstract of title shall show the respective shares and estates which the several owners are alleged to have in the lands.

2. If the lands sought to be partitioned are held subject to any agreement or condition restraining or prohibiting assign- ment or subdivision, or if they form part of an estate upon which the assignment or subdivision of holdings without the consent of the landlord is contrary to or not warranted by the practice. prevalent upon such estate, the plaintiff shall at the hearing produce the consent in writing of the landlord, or his agent

• r1 40 & 41 Vict. c. 56.