22.-(1) Every application under section 25 (2) of the Law for the appointment of an administrator of the property of a mental patient or a criminal mental patient shall be accompanied by a copy of the order of adjudication or confinement and supported by affidavit. (Forms 16 and 17.)
(2) The affidavit shall state that the adjudication has not been rescinded or that the patient has not been discharged as having regained his sanity, and shall set forth the following particulars:
(a) the relation, if any, of the applicant to the patient, and the interest which the applicant has in the proper administration of the patient’s property;
(b) the description and approximate value of the property;
(c) the names and addresses of the persons in possession of, or making use of, the property and their relation to the patient;
(d) the name and address of the patient’s wife or husband, as the case may be, and the names, ages, and addresses of the patient’s lawful children; or, if there is no wife or husband or child, then the names and addresses of the patient’s parents and brothers and sisters; or, if there are no parents or brothers or sisters, then the names and addresses of the patient’s nearest relatives; [*435]
(e) the name of the person suggested for appointment as administrator and his relation to the patient, and whether such person is willing to be appointed and competent to discharge the duties of administrator.
23. A copy of the application and affidavit together with notice of the day fixed for the hearing shall be served on the following;-
(a) (i) if the patient is under confinement, on the superintendent of the hospital or the licensee of the premises in which he is confined; or
(ii) if the patient has been allowed to be absent on parole, on the person in whose charge he is; or
(iii) if the patient has been discharged, on the patient himself: and
(b) on the proposed administrator where this person is not the applicant: and
(c) on such other person as the District Court may direct whose presence at the hearing of the application is in its opinion desirable.
24.-(1) The security to be given by the administrator may be in the form of a bond with one or more sureties approved by the District Court. (Form 18.)
(2) Where the security is not in the form of a bond, a memorandum shall be drawn up setting forth the conditions on which the security is given.
(3) The obligation in the bond or memorandum shall be to the Registrar of the District Court, and the bond or memorandum shall be signed by the person or persons undertaking the obligation.
(4) The security shall be enforceable at the District Court’s direction. Such Court may also, upon cause shown, at any time direct that the security be increased or lessened.
25.-(1) The appointment shall direct the administrator to make and file within a specified time an inventory, verified by him upon oath, of the property placed under his administration and of its approximate value and income. (Form 19.)
(2) The appointment shall state whether the administration is undertaken free of charge or upon a remuneration specified therein or to be fixed later.
(3) The appointment may be for a specified period or purpose, and in such a case the period or purpose shall be set forth in the appointment.
(4) The appointment shall not be completed or issued out until the security ordered has been furnished.
26.-(1) Every application under section 25 (5) of the Law for the removal of an administrator shall set forth the grounds on Which hi removal is applied for, and shall be accompanied [*436] by affidavit verifying such grounds and setting forth the following particulars. (Forms 20 and 21):-
(a) the relation, if any, of the applicant to the owner of the property administered, and the interest which the applicant has in its proper administration;
(b) the name of the person suggested to replace the administrator and his relation to the owner of the property administered, and whether such person is willing to be appointed and competent to discharge the duties of administrator.
(2) A copy of the application and affidavit, together with notice of the day fixed for the hearing, shall be served on the administrator and on such of the persons prescribed in rule 23 as the District Court may direct.
(3) Before removing the administrator on its own motion, the District Court shall call upon him to show cause.
(4) The District Court may, on removing the administrator, order him to pay any sum held by him in trust or any damage found to have been caused through his fault, and may direct payment to be made out of, or by enforcement of, the security given by him.
27.-(1) Every application under section 26 (1) of the Law for an order that the property or income of a patient may be applied for his maintenance shall be accompanied by a copy of the order of adjudication or confinement. (Form 22.)
(2) Every such application shall state whether or not an administrator has been appointed.
Where an administrator has not been appointed, the application shall set forth the particulars prescribed in rule 22 (2) (d).
(3) A copy of the application with notice of the day fixed for the hearing shall be served on the administrator if there is one, or, if there is none, on such of the persons prescribed in rule 23 as the District Court may direct.
(4) An order under the said section may be enforced in such manner as the District Court may direct. (Form 23.)
28.-(1) Every application under section 27 (1) of the Law for an order of contribution by relatives shall be accompanied by a copy of the order of adjudication or confinement and by a copy of any order made under section 26 (1) or of any previous order made under section 27 of the Law. (Forms 24 and 25.)
(2) A copy of the application with notice of the day fixed for the hearing shall be served on the persons against whom the order of contribution is sought.
(3) At the hearing the applicant shall, if necessary, prove service and furnish evidence showing that the patient for whose maintanance the order is sought has no property or that his property is not sufficient for his full maintenance or that his property is insufficient to justify an order under section 26. (1) [*437] of the Law, and that the persons against whom the order is sought possess the means and are able to make contribution.
(4) An order of contribution may be enforced as if the applicant were a judgment creditor and the persons ordered to contribute were judgment debtors.
29.-(1) Every application under section 27 (2) of the Law shall be accompanied by a copy of the order sought to be varied and set forth the facts relied upon. (Form 26.)
Where the application is made by a person who was ordered to contribute the facts relied upon shall be verified by affidavit.
(2) Such an application may be made by the director of health or by any person authorized by him in writing in that behalf.
(3) (a) If the application is made by or on behalf of the director of health, a copy thereof tegether with notice of the day fixed for the hearing shall be served on any person affected thereby;
(b) if the application is made by a person who was ordered to contribute, a copy thereof and. of the affidavit in support, together with notice of the day fixed for the hearing, shall be served on the district medical officer of the district in which the application is to be heard.
30. The day to be fixed for the hearing of any application under section 25, 26, or 27 of the Law shall not, unless the District Court otherwise directs, be less than fourteen days from the day on which the application is filed.
31-(1) Service of documents in proceedings before a District Court shall be effected in the same manner as in civil proceedings.
(2) Save where the District Court otherwise directs, service of notice of the day fixed for the hearing of any matter shall be effected at least ten days before the day of which notice is given.
(3) Save where the District Court otherwise directs, summonses to witnesses shall be served, at least four days before the day for which they are summoned.
(4) Where the District Court makes a special direction with regard to the service of a document, the Registrar of the Court shall endorse such document in red ink with the Court’s direction.
32. The procedure to be followed on the hearing of any matter before a District Court shall, as nearly as possible, be the same as the procedure followed in civil proceedings.
33. The costs of any proceedings before a District Court shall be in the discretion of the Court; but the property of a mental patient or criminal mental patient shall not be charged with payment of costs in respect of any proceeding unless the Court is satisfied that the proceeding was for the benefit of such patient or his property.
33Α. Εκτός αν το δικαστήριο διατάξει διαφορετικά,
α) όπου η αξία του επίδικου θέματος είναι προσδιοριστέα, η αντίστοιχη κλίμακα σε πολιτικές αγωγές, όπως προβλέπεται από το εκάστοτε εν ισχύϊ Παράρτημα Β του Περί Πολιτικής Δικονομίας Διαδικαστικού Κανονισμού.
β) όπου η αξία του επίδικου θέματος δεν μπορεί να εξακριβωθεί, η κλίμακα σε πολιτικές αγωγές €2.000-€10.000.-όπως προβλέπεται από το εκάστοτε εν ισχύϊ Παράρτημα Β του Περί Δικονομίας Διαδικαστικού Κανονισμού.
34. All documents issuing out of a District Court shall be sealed with the seal of the Court. [*438]
35. In proceedings before a District Court the forms provided in Appendix B hereto shall, where applicable, be used with such variations as circumstances may require.
36. The fees set forth in Appendix B hereto shall be charged in respect of proceedings before a District Court or on appeal therefrom.
37. The rules relating to civil proceedings shall apply to any matter arising out of a proceeding before a District Court for which provision is not herein made.