County Court Rules (Northern Ireland) 1981

ORDER 28 Payment into court by trustees

Payment into court by trustees

1.—(1) Where a person desires to pay money or securities into court under section 63 of the Trustee Act (Northern Ireland) 1958(1) he shall file in the Office an affidavit in Form 132 containing the information required thereby and shall pay the money or securities into court in accordance with Court Funds Rules.

(2) The costs incurred in the payment into court may be retained by the person making the payment into court.

(3) The chief clerk may require in addition to the affidavit such evidence as he thinks proper with regard to the matter in respect of which the payment is made into court.

(4) As soon as he receives it the chief clerk shall endorse on the affidavit a memorandum of the day on Which it is filed and the affidavit shall be taken for all purposes to have been duly filed on the day so endorsed on it.

(5) On the filing of the affidavit, the chief clerk shall enter the matter in the books of the court, and shall send to each person mentioned in paragraph 4 of the affidavit at the address given therein a notice of the payment into court in Form 133.

(6) The persons filing the affidavit or any of them may apply to the chief clerk for a certificate in Form 134.

Application for payment out, etc.

2.  Where a person desires to apply to the court for the investment or payment out of court of any money or securities paid into court under this Order, the following provisions shall apply—

(a) the application shall be made to the judge ex parte;

(b) the judge on the hearing of the ex parte application may require notice of the application to be served on such persons as he thinks fit, and fix a day for the further hearing;

(c) evidence in support of the application may be given by affidavit or in such other manner as the judge may direct.

(1)

1958 c. 23 (N.I.)