the exchequer of pleas to recover damages for the breach of the contract for the specific performance of which this suit was commenced [or to restrain him from receiving and giving discharges for any of the debts due to the partnership in the matter of the partnership between us for the winding-up of which the suit was commenced, or from digging the turf from the land which was agreed to be sold by him to me by the agreement the specific performance of which this suit is commenced to enforce, or as the case may be]. Dated this To C. D. day of 187. A. B. [N.B.-Where the order in the nature of an injunction is to be applied for against a party whose name and address does not appear upon any proceeding already filed in this suit, it must be stated in full to enable the high bailiff to serve the notice.] § 5. PROCEEDINGS BY TRUSTEES AND EXECUTORS ON PAYMENT INTO COURT UNDER SECT. 24 OF "THE COUNTY COURTS ACT, 1867." The power given to persons by "The County Courts Act, 1867" (30 & 31 Vict. c. 142), s. 24, to pay into county courts moneys, annuities, stocks, or securities vested in them as trustees, executors, administrators or otherwise, upon trusts within the meaning of the act 10 & 11 Vict. c. 96, has been already noticed (o). The mode of doing this is not by plaint or petition, but by filing an affidavit (p). The following Rules relate to these proceedings: PART IV. CHAP. III. Order XI. Rule 6. 30 & 31 Vict. "Any person desiring to pay money, transfer stock, or deposit security in trust to attend the orders of any county court, under sect. 24 of 30 & 31 Vict. c. 142 (q), shall file with the registrar of the county court c. 142, s. 24. having jurisdiction in the matter an affidavit, entitled in the matter of the last act, and of the particular trust, and setting forth :— 1. His own name, address, and description: 2. The place where he is to be served with any petition or summons, 3. The amount of money, stock, or security which he proposes to (o) See ante, p. 19. (p) 30 & 31 Vict. c. 142, s. 24, ante, p. 19. (a) See ante, p. 19. (r) County Court Orders and Rules in Equity, 1868, Order XI. Rule 6. PART IV. СНАР. 111. Rule 7. Form of affi davit. Rule 8. Endowment on affidavit. Rule 9. registrar. "The affidavit may be in the form set out in the schedule to these orders, with such variations as each particular case may require” (s). "Immediately on the receipt by the registrar of the affidavit, he shall indorse thereon a memorandum of the day on which the same was received by him, and when such affidavit shall be so indorsed, it shall be taken for all purposes to have been duly filed on the date so indorsed thereon" (t). "The persons filing the affidavit, or any of them, may apply to the Certificate of registrar to give to them a certificate entitled in the matter of the act 30 & 31 Vict. c. 142, and of the particular trust, and under the seal of the court, certifying that the affidavit has been filed, and such certificate may be in the form set out in the schedule to these orders, with such variation as each particular case may require" (u). Rule 10. Payment of money. Rule 11. Transfer of stock. Rule 12. Deposit of security. Rule 13. Notice of to treasurer of deposit. Rule 14. Where no treasurer. "In the case of money, the persons filing the affidavit, or any of them, may, upon the receipt of the before-mentioned certificate, pay the money into a post office savings bank, under sect. 24 of 30 & 31 Vict. c. 142 (x), and obtain from the officer of the bank a receipt for the same, and shall forthwith leave the said receipt with the registrar, and the registrar shall accordingly indorse thereupon a memorandum of the day on which the same was received by him, and when such receipt shall be so indorsed, it shall be taken for all purposes to have been duly recorded on the date so indorsed thereon" (y). "In the case of stocks, the persons filing the affidavit or any of them may, upon the receipt of the before-mentioned certificate, transfer the stocks into the names of the treasurer and registrar of the county court mentioned in the said certificate, in trust to attend the orders of the court, and shall forthwith leave the transfer ticket with the registrar, and the registrar shall immediately indorse thereon a memorandum of the day on which the same was received by him, and when such transfer ticket shall be so endorsed, it shall be taken for all purposes to have been duly recorded on the day so indorsed thereon " (2). "In the case of security, the person filing the affidavit may forthwith deposit the security with the registrar in the name of the treasurer and registrar, in trust to attend the orders of the court, and the registrar shall immediately indorse on the affidavit a memorandum of the day on which the security was deposited with him" (a). "The registrar shall, within twenty-four hours after the deposit of the security, send notice thereof by post to the treasurer of the court, stating therein the particulars of the deposit, which notice may be in the form in the schedule, with such variations as each particular case may require" (b). "Where there is a county court in which there is not a treasurer, the transfer or deposit shall be made into the name of the registrar and of (8) County Court Orders and Rules in Equity, 1868, Order XI. Rule 7. (t) Id. Rule 8. (x) See ante, p. 19. (y) County Court Orders and Rules in Equity, 1868, Order XI. Rule 10. (z) Id. Rule 11. (a) Id. Rule 12. Order XX. Rule 9, directs, that "The registrar shall comply with all regulations which may from time to time be made by the Commissioners of her Majesty's Treasury for the safe custody of any securities deposited with them under section 24 of 30 & 31 Vict. c. 142." (b) Id. Order XI. Rule 13. the superintendent of the county court department of the treasury for the time being " (c). PART IV. CHAP. III. Rule 15. ment of payment. "Immediately after the recording of the receipt or transfer ticket, or the deposit of the security, the registrar shall give to the persons paying Acknowledgin the said money, or transferring the said stocks or depositing the security, an acknowledgment or certificate of such payment or transfer or deposit, and such acknowledgment or certificate may be in the form set out in the schedule to these rules, with such variations as each particular case may require " (d). "Immediately after the recording of the receipt or transfer ticket, or giving a certificate of deposit of security, the registrar shall cause the necessary entry to be made in The Suits and Proceedings in Equity Book,' including the title of the particular trust, and the amount of money or stock paid or transferred, or security deposited, and the names and addresses of the person or persons making such payment, transfer or deposit, and the names of every person stated in the affidavit to be, or to claim to be, interested in or entitled to such money or stock, and their addresses and descriptions, as given in the affidavit; and the registrar shall forthwith, by post, send to each of such last-mentioned persons, to the addresses given in the affidavit, a notice of the said payment, transfer or deposit, which notice shall be under the seal of the court, and may be in the form set out in the schedule to these rules, with such variations as each particular case may require" (e). Rule 16. Entries in books, etc. Rule 17. Who may petition for fund. "Any person interested in or entitled to the fund, or (if need be, but not otherwise) the trustee, may apply by petition, respecting the investment, paying out or distribution of the fund or income thereof, and the order as to petition shall be filed at the office of the registrar; and the petitioner shall leave thereat, where the petition relates to the income only of the fund, as many copies thereof as there are trustees and persons, other than the petitioner, interested in the due execution of the trust so far as regards the income only, and in all other cases as many copies thereof as there are trustees and persons, other than the petitioner, interested in the due execution of the trust, and he shall state in such petition his own name, address and description, and a place where he may be served with any petition, or notice of any proceeding or order of the court, relating to the said fund, and also the names, addresses and description of the other persons interested, so far as he is able, the nature of the trust and how executed, the trust property, and the substance of the order which he seeks to obtain" (ƒ). Rule 18. trustees. Rule 19. When "Unless the judge shall otherwise direct, the trustee shall be served with notice of every application made to the court respecting the fund Notice to or the income, by any person beneficially entitled thereto " (g). "Where a trustee shall have availed himself of the provisions of sect. 24 of 30 & 31 Vict. c. 142 (h), without sufficient reason, the judge may direct such trustee to bear his own costs, and pay the costs of any pay costs. other parties, or to bear and pay any part of such respective costs, as the judge shall think fit" (i). (c) County Court Orders and Rules in Equity, 1868, Order XI. Rule 14. (d) Id. Rule 15. ld. Rule 18. (h) See ante, p. 19. (i) County Court Orders and Rules in Equity, 1868, Order XI. Rule 19. trustee to PART IV. CHAP. III. In general the costs of all parties of a petition for payment to the tenant for life of the income of a fund paid into court under the Trustee Act are payable out of the income, and not out of the corpus of the fund (k). Affidavit, under 30 & 31 Vict. c. 142, s. 24 (7). In the County Court of day of In the matter of "The County Courts Act, 1867," and of [add the title of the particular trust, as “the trusts of a certain indenture of mortgage, dated the and made between A. B. and C. D."] I, C. D., of [address and description], make oath and say as follows1. State place of service, as-My house, being is the place where I am to be served with any notice or application relating to the trust fund hereinafter mentioned. 2. State the amount of money or stock proposed to be paid or transferred or security deposited, in trust to attend the orders of the court, as under the provisions of the said act, I desire to pay into the Post Office Savings Bank the sum of hereinafter mentioned. 3. Set out a short description of the trust and of the instrument creating it, as, By the indenture before mentioned a certain messuage situate at with the appurtenances, was mortgaged by the said A. B. to me, my heirs and assigns, for securing to me the repayment on the day of 187, of the sum of £ with interest for the same at the rate of £ per cent. per annum, and the said indenture contained a power of sale in case of default in payment, and it was by the said indenture declared, that the moneys to arise from any such sale should, after retaining thereout the expenses of executing the said power and the said principal money and interest, be paid to the said A. B., his heirs or assigns. The said A. B. died on or about the Here insert his will, dated the present ad- dress of any in the affldavit. day of day of and by appointed E. F. of, executor thereof, and devised the said hereditaments, subject to the said mortgage, unto G. H. of and J. K. of *, in trust for the said E. F., for his life, and after his death upon certain trusts for sale, and for the division of the proceeds amongst the following persons, namely, the testator's son M. N. of, and his children or child, and the testator's daughter O., the wife of P. Q. of, and her children or child. The said E. F. proved the said will in [state in what court], and is still living. The said G. H. never acted in the trusts of the said will, etc. day of by public auction to X. Y., of [address and description] at the price of which I desire being the costs of now remains in my to pay into the Post of £ Office Savings Bank, in trust to attend the orders of this court, is the said balance of £ (k) Re Manton's Trusts, 39 L. J. (N. S.) Ch. 764; reversing Re Gordon's Trust, Law Rep., 6 Eq. 335; 37 L. J. (N. S.) Ch. 408. (1) County Court Forms in Equity, 1868, No. 48. PROCEEDINGS BY TRUSTEES AND EXECUTORS. 4. State the names of the persons interested in, or entitled to, the fund, to the best of the trustee's knowledge or belief, as To the best of my knowledge and belief, the said G. H. and J. K., as such trustees as aforesaid, and the said E. F., M. N. and his children or child (stating, if known, their names), and O. P. and her children or child (stating, if known, their names), are the only persons interested in the said fund. 5. Add submission to answer inquiries, as— I submit to answer all such inquiries relating to the application of the said fund of £ as the court may think proper to make or direct. Sworn at, &c. In the matter of "The County Courts Act, 1867." ]. I hereby certify, that [state name, address and description of party making the application] has this day filed with me, the registrar of this court, an affidavit entitled as above mentioned, with reference to a trust therein mentioned, which sum, as therein stated, fund or sum of £ he desires to pay into my name as such registrar as aforesaid into a Post Office Saving Bank, as provided by the above act. Dated this day of Registrar of the court. Certificate in Case of Transfer of Stock (n). In the County Court of (Seal.) holden at In the matter of "The County Courts Act, 1867." I hereby certify, that [state name, address, and description of party making application] has this day filed with me, the registrar of this court, an affidavit entitled as above mentioned, with reference to a trust fund of £ Bank £3 per Cent. Consolidated Annuities in the books of the Governor and Company of the Bank of England, which, as therein stated, he desires to transfer into the names of the treasurer and of the registrar of this court [or the superintendent, etc.], as provided by the above act. Dated this day of 187 Registrar of the court. Acknowledgment of filing of Receipt or Transfer Ticket (o). In the County Court of holden at (Seal.) In the matter of "The County Courts Act, 1867," In the matter of this and I hereby acknowledge, that [state the name, address, and description of the party giving to the registrar the receipt of the Post Office Savings Bank, (m) County Court Forms in Equity, 1868, No. 49. (n) Id. No. 50. (0) Id. No. 51. |