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13/07/1926: High Court and Supreme Court Rules

13/07/1926:

HIGH COURT AND SUPREME COURT RULES

RESOLUTION PASSED BY DÁIL EIREANN ON TUESDAY, 20th JULY, 1926.

That the Dáil hereby approves of the Rules of Court made by the Minister for Justice on the 13th day of July, 1926, under Section 36 of the Courts of Justice Act, 1924 (No. 10 of 1924).


RESOLUTION PASSED BY SEANAD EIREANN ON THURSDAY, 22nd JULY, 1926.

That the Seanad hereby approves of the Rules of Court made by the Minister for Justice on the 13th day of July, 1926, under Section 36 of the Courts of Justice Act, 1924 (No. 10 of 1924).

SAORSTÁT EIREANN.


I, CAOIMHGHIN Ó H-UIGÍN, Minister for Justice, by virtue of the powers conferred upon me by Section 36 of the Courts of Justice Act, 1924 , and of all other powers enabling me in this behalf, with the concurrence duly obtained of the Minister for Finance and of a majority of the Committee constituted pursuant to the provisions of the said section, do hereby make the annexed Rules of Court.

Dated this 13th day of July, 1926.

C.Ó H-UIGÍN,

Aire Dlí agus Cirt.

COURTS OF JUSTICE ACT, 1924.

Rules of High Court and Supreme Court

ORDER I. Procedure—Originating Summons.

1. The procedure and practice heretofore in force with reference to Civil proceedings in either Division of the late Supreme Court of Judicature shall apply to similar proceedings in the High Court and the Supreme Court respectively and to the offices and officers created by the Court Officers Act, 1926 , in all cases in which no provision or incomplete provision is made by the Act or by these Rules, save in so far as such procedure is inconsistent with the procedure required by the Act, or these Rules. Subject to any Special Order of the Supreme Court or the High Court or a judge thereof, as the case may be, these Rules shall apply to all proceedings pending in either Court at the date upon which these Rules come into operation.

2. Save as hereinafter otherwise provided in these Rules, all civil proceedings in the High Court, other than matters heretofore commenced by Petition, shall be commenced by Summons of the Court to be called an Originating Summons.

ORDER II. Plenary Summonses and Summary Summonses.

1. An Originating Summons for the commencement of plenary proceedings with pleadings and hearing on oral evidence shall be in the Form No. 1 in the Appendix of Forms to these Rules, with any variations circumstances require. Such Summons is called in these Rules a Plenary Summons.

2. An Originating Summons for the commencement of summary proceedings without pleadings and to be heard on Affidavit with or without oral evidence shall be in the Form No. 2 or in the Form No. 3 in the Appendix of Forms to these Rules, with any variations circumstances require. Such Summons is called in these Rules a Summary Summons.

3. Procedure by Plenary Summons shall be obligatory in all cases except those in which procedure by Summary Summons is required or authorised by these Rules.

ORDER III. Procedure by Summary Summons.

1. Procedure by Summary Summons may be adopted in the following classes of claims:—

(i) Claims for liquidated sums.

(ii) Claims for the recovery of land with or without arrears of rent or mesne rates by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or claims for the recovery of land for non-payment of rent with or without a claim for rent.

(iii) Claims in which the plaintiff in the first instance desires to have an account taken.

(iv) Claims for:—

(a) The administration of the real or personal estate of a deceased person, or the administration of the trust of any deed or instrument save where there is a charge of wilful default or breach of trust.

(b) The determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin, heir-at-law, or cestui que trust.

(c) The payment into Court of any money in the hands of executors, administrators or trustees.

(d) A direction to any executors, or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees.

(e) The approval of any sale, purchase, compromise, or other transaction.

(f) The determination of any question arising in the administration of any estate or trust.

(g) The determination of any question of construction arising under any deed, will, or other written instrument, and the declaration of the rights of the persons interested.

(h) The determination (under Section 14 (2) of the Finance Act, 1894) of a dispute as to the proportion of estate duty to be borne by any property or person.

(i) Any relief under the Settled Land Acts, 1882 to 1890, or the Conveyancing and Law of Property Act, 1881.

(j) Any relief under the Guardianship of Infants Act, 1886, where no proceeding is pending by reason whereof the infant is a ward of Court.

(k) The appointment of a trustee or new trustee with or without a vesting or other consequential order; or a vesting order or other order consequential on the appointment of a new trustee, when the appointment is made out of Court; or a vesting order under Section 39 of the Trustee Act, 1893,

(l) The determination of any question under Section 9 of the Vendor and Purchaser Act, 1874.

(m) Any relief under the Married Women's Property Act, 1882, Sections 11 and 17, or under the Judicature Act (Ireland), 1877, Section 28 (6).

(n) Any relief under the Trustee Act, 1893, Sections 42 or 44.

(o) The determination of any question under the Irish Land Act, 1903, Section 23, sub-section (2).

(p) Sale or delivery of possession by a mortgagor, or redemption, reconveyance, or delivery of possession by a mortgagee.

(q) Any relief in respect of funds lodged in Court under the Land Clauses Consolidation Act, 1854, Section 69.

(r) The appointment of an arbitrator or umpire under the Common Law Procedure Amendment Act (Ireland) 1856, Section 15.

(s) An interpleader order.

(t) Any relief which might heretofore have been granted in proceedings commenced by Originating Summons.

2. Procedure by Summary Summons may be adopted by consent of all parties in the case of a claim not coming within any of the classes in the foregoing Rule.

ORDER IV. Indorsement on Plenary and Summary Summonses.

1. The Indorsement of claim on a Plenary Summons shall be entitled "General Indorsement of Claim," and there shall be an Indorsement of the relief claimed and the grounds thereof expressed in general terms in such one of the forms heretofore in use for General Indorsements as may be applicable or in any like form. The party issuing a Plenary Originating Summons in any case in which he is not entitled as a matter of right to a jury shall put on the face of it the words "non-jury."

2. The Indorsement of Claim on a Summary Summons shall be entitled "Special Indorsement of Claim," and shall state specifically and with all necessary particulars the relief claimed and the grounds thereof as in a similar proceeding claiming relief in a proceeding of the Supreme Court of Judicature.

3. Whenever a claim indorsed on a Summary Summons is for a liquidated sum only, the Indorsement, besides stating the amount claimed in respect of the demand, shall state the amount claimed for costs, and further state that on payment of such amounts for demand and costs within six days (or other the time limited for appearance by any Order of the Court) after service of the Summons further proceedings will be stayed.

The amount claimed for costs shall be:—

If the demand does not exceed £25 ... £1 10s. 0d.
If the demand does not exceed £300 ... £3 0s. 0d.
If the demand exceeds £300 ... ... £3 10s. 0d.

with ten shillings for each additional service after the first and the costs of order (if any) for service of Summons or notice in lieu thereof out of the jurisdiction or for substituted or other service, or for the substitution of notice for service or for declaring service effected sufficient or any notice by advertisement of the issue of the summons.

In any case within this Rule the defendant may, notwithstanding payment, have the costs taxed, and if more than one-sixth of the amount paid therefor shall be disallowed, the amount disallowed shall be refunded and the plaintiff's solicitor shall pay the costs of taxation.

ORDER V. Issue of Summonses.

1. Every Originating Summons shall be issued out of the Central Office and all documents required to be filed in any of the offices shall be written, typewritten or printed on such paper as may be prescribed.

2. No Plenary or Summary Summons shall at the time of issue be assigned to any Judge of the High Court, save in the case of a Summary Summons to take minors under the wardship of the Court, which shall be assigned at the time of issue to the Chief Justice, pursuant to the Act.

3. There shall be in the Central Office two Cause Books, in one of which all proceedings commenced by Plenary Summons, and in the other all proceedings commenced by Summary Summons, other than Summary Summonses assigned to the Chief Justice, shall be entered and numbered consecutively.

4. Every Originating Summons shall bear date of the day of issue and shall be tested in the name of the Chief Justice, or, if the office of Chief Justice be vacant, in the name of the President of the High Court, and shall be sealed with the Seal of the High Court, save in minor matters assigned to the Chief Justice, which shall be sealed with the Seal of the Chief Justice.

ORDER VI. Service out of the Jurisdiction.

1. The affidavit to ground the application for service of any Plenary or Summary Summons or notice thereof out of the jurisdiction shall be entitled between the parties to the intended action or matter and in the matter of the Courts of Justice Act, 1924 .

2. In addition to the cases in which such service or notice may under the existing Rules be allowed, such service or notice shall be allowable where the action is founded on a tort committed within the jurisdiction.

ORDER VII. Appearance and Default of Appearance.

1. A Defendant to any Plenary Summons and to any Summary Summons endorsed with a claim under Rule 1 (i) or (ii) of Order III. shall enter an appearance at the Central Office, Courts of Justice, Dublin, within eight days after the service of the Summons exclusive of the day of service (unless a Judge shall otherwise order) and shall in the case of a Plenary Summons serve with the Notice of Appearance a notice stating whether he requires a Statement of Claim or not.

2. Where no appearance has been entered to an Originating Summons (whether Plenary or Summary) for a Defendant who is an infant or person of unsound mind, not so found, the Plaintiff before taking any further step in the action or matter shall have a guardian ad litem of such Defendant appointed.

3. In case of default of appearance of any Defendant (other than such Defendant as is in the preceding Rule mentioned) to a Plenary Summons, the Plaintiff shall, except in cases of liquidated demands, deliver a Statement of Claim by filing the same in the Central Office and thereupon may apply to a Judge for Judgment in the action in default of appearance and (if necessary) ascertainment of any damages to which the Plaintiff may be entitled, with a Jury in case any party is entitled to a Jury and requires such, but otherwise without a Jury, and in the latter case the Judge may fix the amount of such damages himself on evidence by Affidavit or otherwise, or may refer the matter to the Master to determine.

4. In case of default of appearance of any Defendant (other than such Defendant as is in Rule 2 hereof mentioned) to a Summary Summons or to a Plenary Summons on foot of a liquidated demand, such Judgment may be given on the hearing of the Summons as the Master or the Judge, as the case may be, may consider the Plaintiff to be entitled to.

ORDER VIII. Statement of Claim.

1. Where the procedure is by Summary Summons, no Statement of Claim or other pleading shall be delivered except by Order of a Judge, which Order may be granted in any case in which the delivery of such Statement of Claim or other pleading appears to be requisite.

2. Where the procedure is by Plenary Summons, the Plaintiff may deliver a Statement of Claim with the Plenary Summons or notice in lieu thereof, or at any time within three weeks after the service thereof.

3. Where the Defendant enters an appearance to a Plenary Summons and by notice requires a Statement of Claim, the Plaintiff shall deliver a Statement of Claim within 21 days from the expiration of the time limited for appearance.

ORDER IX. Defence.

Where a defendant enters an appearance to a Plenary Sum mons, he shall deliver his Defence and Counterclaim (if any)

(a) in case he does not by Notice require a Statement of Claim, within 14 days from the date of Entry of Appearance, or

(b) in case he does by Notice require a Statement of Claim, or if the Statement of Claim is delivered with the Plenary Summons, within 14 days from the date of delivery of such Statement of Claim.

ORDER X. Reply.

1. The time for delivery of a reply in any action shall be within 14 days from the date of the delivery of the last of the Defences.

2. No pleading subsequent to reply, other than a joinder of issue, shall be pleaded without leave of the Court, and then shall be pleaded only upon such terms as the Court shall think fit.

3. The Plaintiff may, without any leave, amend his Statement of Claim once at any time before the expiration of the time limited for reply, and before replying or, where no defence is delivered, at any time before the expiration of four weeks from the appearance of the Defendant who shall have last appeared.

4. A Defendant who has set up any counterclaim or set-off may, without any leave, amend such counterclaim or set-off at any time within six days from the delivery of the reply or the expiration of the time allowed for delivery thereof, whichever shall be the shorter.

ORDER XI. Default of Pleading.

1. If the Plaintiff, being bound to deliver a Statement of Claim, does not do so within the time allowed, the Defendant may apply to dismiss the action for want of prosecution, and on the hearing of such application the Master or Judge, as the case may be, may dismiss the action accordingly, or make such Order as may appear to be just.

2. If the Plaintiff's claim be only for a debt or liquidated demand, or for the recovery of land, or for the delivery of specific goods, and the Defendant does not within the time allowed for that purpose deliver a defence, the Plaintiff may at the expiration of such time enter final Judgment for the amount of such debt or liquidated demand, or that the person whose title is asserted in the Statement of Claim shall recover possession of the land, or for the return of the goods detained without giving the Defendant the option of retaining such goods upon paying the value thereof, as the case may be, with costs; and if the Plaintiff's claim be for a debt or liquidated demand, or for the recovery of land, or for the delivery of specific goods, and also for pecuniary damages or any other relief, and if the Defendant make default as in this Rule mentioned, then the Plaintiff may enter final Judgment as in this Rule provided, and also make such application as in Rule 3 of this Order is prescribed, in respect of the said claim for pecuniary damages or other relief; and where in any such proceeding, as in this Rule mentioned, there are several Defendants, if one of them make default as in this Rule mentioned, the Plaintiff may enter final Judgment against the Defendant so making default, and issue execution upon such Judgment without prejudice to his right to proceed against the other Defendants.

3. In all cases other than those for which provision is made in the preceding Rule, if a Defendant, being bound to deliver a Defence, does not do so within the time allowed, the Plaintiff may apply to a Judge for such Judgment against the Defendant as the Plaintiff may be entitled to upon the Statement of Claim, and the damages to which the Plaintiff may be entitled in the action shall be ascertained by the Judge with a Jury in case any party requires and is entitled to same, but otherwise without a Jury, and if without a Jury either by the Judge in person on evidence by Affidavit or otherwise, or may refer the matter to the Master to determine.

ORDER XII. Security for Costs.

1. Where a party shall require security for costs from another party, he shall be at liberty to apply by notice to the party for such security; and in case the latter shall not, within 24 hours after service thereof, undertake by notice to comply therewith, the party requiring the security shall be at liberty to apply to the Court for an Order that the said party do furnish security as aforesaid.

2. Where the Court shall have made an Order under the preceding Rule that a party do furnish security for costs, the amount of security and the time or times at which, and the manner and form in which, and the person or persons to whom the same shall be given shall be determined by the Master in every case.

ORDER XIII. Orders by the Master.

1. The Master may make any order which was a Side Bar Order under the practice heretofore in force.

2. In addition to the orders in the preceding Rule mentioned, the Master may make any of the following orders :—

i. Any order which under the practice heretofore in force might have been made as of course.

ii. An order for appointment of a guardian ad litem of an infant or person of unsound mind not so found.

iii. An order for a statement of the names of persons who may be co-partners in any firm suing or being sued in an action or matter.

iv. An order for the extension of time for doing any act or taking any step in an action or matter.

v. An order for discovery, limited or general, or delivery of interrogatories in uncontested applications.

vi. An order for the appointment or discharge of receivers in uncontested applications.

vii. An order to dismiss an action with costs for want of prosecution or for failure to make an Affidavit of Discovery or to answer interrogatories.

viii. An order to strike out a Defence with costs for failure to make an Affidavit of Discovery or to answer interrogatories.

ix. An order to fix the mode of trial under Order XVI. in uncontested applications.

x. An order on the hearing of a Summary Summons to have an account taken or inquiry made in uncontested cases.

xi. An order on the hearing of a Summary Summons in default of appearance, and on such hearing any damages for breach of contract to which the Plaintiff shall be entitled shall be ascertained by the Master.

xii. An order on application for directions as to service in case of a Summary Summons not inter partes or as to other procedure in any action or matter.

xiii. An order for final judgment in uncontested applications.

(3) The orders specified at (i) of the preceding Rule and at (xii) (in case of no appearance) may be made on application ex parte. A motion docket shall be lodged on such application. The orders specified at (ii) to (ix) inclusive, and at (xii) and (xiii) (in case of appearance) may be made on application by motion on notice which shall be listed in the first instance before the Master. Such notice shall be served at least two clear days previously on the party sought to be affected by the order. The orders specified at (x), (xi) and (xiii) may be made on the Summary Summons by the Master, when the same is listed before him under Order XV., Rule 2.

4. In any case of difficulty or if any of the parties shall so require, the Master shall place the ex parte motion docket or notice of motion or Summons aforesaid as the case may be in the Court list for determination, but any costs occasioned by the motion docket or Summons being put on requisition of any party, in the Court list instead of being ruled on by the Master shall be borne by the party making such requisition unless the Judge shall otherwise order.

5. Any party aggrieved by an order, including an order as to costs, made by the Master may, within six days from the perfecting of the same, or if made ex parte from notice of the same, or in the case of a refusal from the date of such refusal, apply to a Judge to discharge such order or to make the order refused.

6. Any order which under Rules 1 and 2 hereof may be made by the Master may be made by a Deputy Master.

7. Counsel may be heard in any case before the Master, but the costs of such Counsel shall not be allowed unless certified for by the Master.

ORDER XIV. Interlocutory Applications.

Save as in these Rules otherwise provided, all interlocutory applications to the High Court other than ex parte applications shall be made by motion on notice to the parties concerned, and shall be filed in the Central Office.

ORDER XV. Hearing of Proceedings commenced by Summary Summons.

1. Every Summary Summons endorsed with a claim under Order III., Rule 1 (i) to which an appearance has been entered shall be set down by the Plaintiff for hearing by the Master on the first available day, as the Master may fix, not being less than four clear days from service upon the Defendant of notice of such setting down. An Affidavit showing that the Plaintiff is entitled to the relief claimed, shall be served together with the summons.

2. Every Summary Summons endorsed with a claim under Order III., Rule 1 (ii) to which an appearance has been entered shall be set down by the Plaintiff for hearing by the Master on the first available day, as the Master may fix, not being less than four clear days from service upon the Defendant of notice of such setting down. An Affidavit showing that the Plaintiff is entitled to the possession of the land claimed to be recovered, shall be served together with the summons.

3. Every Summary Summons endorsed with a claim under Order III., Rule 1, not provided for in the foregoing Rules shall be returnable on such day as the Master shall fix, not being less than 7 days from the date of issue. Such summons shall be served on the parties concerned at least 4 days before the return day. An Affidavit verifying the claim endorsed on the Summons shall be filed in the Central Office, and notice of such filing shall be given to the parties concerned.

4. Proceedings commenced by Summary Summons shall be heard on Affidavit. In all uncontested cases, the Master may deal with the matter summarily. In contested cases in which the Master shall have jurisdiction, he shall in his discretion decide the case himself or transfer it to the Judge's list. The Summonses shall be listed before the Master on the day upon which the same shall have been set down, and, if then in order for hearing, shall, if the Master is of opinion that the case is one for a Judge, be put in the Court list for hearing by the Judge on the first opportunity. If not so in order the Master may extend the time for filing Affidavits as he shall think fit, so as to avoid adjournments in court, and when and so soon as the Summons may be in order for hearing by the Judge, put the same in the Court list to be heard. In cases in which the Master has jurisdiction, he shall have the same power as the judge to hear oral evidence: Provided that any party desiring to cross-examine a Deponent who has made an Affidavit filed on behalf of the opposite party may serve upon the party by whom such Affidavit has been filed a notice in writing requiring the production of the Deponent for cross-examination, and unless such Deponent is produced accordingly his Affidavit shall not be used as evidence unless by the special leave of the Master or a Judge, as the case may be.

5. On the hearing of any Summary Summons, the Master in a case within his jurisdiction, or the Judge, as the case may be, may give Judgment for the relief to which the Plaintiff may appear to be entitled or may dismiss the action or matter or may adjourn the case for plenary hearing as if the proceedings had been originated by Plenary Summons with such directions as to pleadings or discovery or settlement of issues or otherwise as may be appropriate, and generally may make such order for determination of the question in issue in the action or matter as may seem just.

6. Subject to the provisions of Section 25 of the Act, in any case where no notice of trial is provided for by these rules, the provisions as to transfer contained in Section 36 of the County Officers and Courts (Ireland) Act, 1877, shall apply to the High Court and Circuit Court, as if the same had been respectively substituted for the High Court of Chancery and the Civil Bill Court in the said section.

ORDER XVI. Trial on hearing of proceedings commenced by Plenary Summons.

1. All proceedings in the High Court shall be tried in the Courts of Justice at Dublin, unless otherwise ordered. A notice of trial shall be served in the manner heretofore in force in all actions commenced by Plenary Summons, and all such actions shall be set down for trial in the Central Office. Motions to set aside a notice of trial shall be brought before a Judge within four days after service of the notice complained of.

2. The Plaintiff in Probate and Admiralty proceedings commenced by Plenary Summons shall apply, and any party in proceedings other than Probate and Admiralty proceedings commenced by Plenary Summons shall be at liberty to apply, by Notice of Motion, to the Master for directions, and the Master, or the Judge, if the Master shall have placed the said motion in the Judge's list, shall fix the time and mode of trial and make any auxiliary order with respect to pleading, particulars, discovery, interrogatories, inspection of documents, inspection of real and personal property, commissions, examination of witnesses, settlement of issues, or otherwise, which may be necessary or expedient.

ORDER XVII. Further consideration of Actions or other Applications therein.

When any hearing on further consideration of, or other application in, any action or matter, whether commenced by Plenary or Summary Summons shall be listed for hearing before a Judge who had not previously the conduct thereof, such judge may, if it shall appear expedient so to do, direct that the hearing on further consideration or other application aforesaid be placed in the list of the Judge who had the previous conduct thereof to be heard by such Judge on the first opportunity. The Master shall have regard to this Rule in arranging the lists.

ORDER XVIII. Sittings at Chambers, etc.

1. Save as hereinafter provided, no judge shall hereafter sit at Chambers, but applications, whether on summons or otherwise, shall be heard in Court; provided that this Rule shall not apply to the Chief Justice sitting in exercise of his jurisdiction in lunacy or minor matters.

2. Any examination made under Order XLIV., Rule 4, of the Rules of the Supreme Court (Ireland), 1905, may be heard by a Judge sitting in his Chamber if he shall think fit,

3. The Master of his own motion, or at the request of any officer to whom any matter of account or inquiry has been committed, may by memorandum or otherwise place any application coming before him in the Court list for determination.

4. Any application to the High Court, save as required by any statute, may be heard and determined by a single Judge thereof.

ORDER XIX. Relief under Article 6 of the Constitution of the kind hitherto granted by Habeas Corpus, Mandamus, Certiorari, Prohibition, etc.

1. Any person claiming to be entitled to relief under Article 6 of the Constitution or any such relief as has been heretofore granted by Writ of habeas corpus, or mandamus, or certiorari, or prohibition, or by information in the nature of quo warranto may apply to the High Court for an order granting such relief.

2. The application shall be made on affidavit which shall be entitled shortly in the matter in question, and in the matter of the Courts of Justice Act, 1924 , and in applications for relief by way of habeas corpus, also in the matter of the Constitution of Saorstát Eireann.

ORDER XX. Validity of Law passed by the Oireachtas, etc.

1. If any question as to the validity of any Statute passed by the Oireachtas, having regard to the provisions of the Constitution, shall arise in any action or matter, the party having carriage of the proceedings shall forthwith serve notice upon the Attorney-General, if not already a party.

2. Such notice shall state concisely the nature of the proceedings in which the question or dispute arises, and the contention or respective contentions of the party or parties to the proceedings.

3. The Attorney-General shall thereupon be entitled to appear in the action or matter and become a party thereto as regards the question as to the validity of the Statute.

ORDER XXI. Unemployment Insurance Act, 1920, and Acts amending the same.

1. Every appeal under proviso (i) of seb-section (1) of Section 10 of the Unemployment Insurance Act, 1920, shall be brought by Summary Summons and shall be heard by such Judge of the High Court (hereinafter called the Judge) as may be nominated in that behalf by the Chief Justice.

2. The Summons may be in Form No. 3 in the Appendix of Forms, and shall he entitled in the matter of the said Act on the application of the person bringing the appeal and shall state the decision of the Minister appealed against and the grounds of appeal.

3. The Summons shall be served on the Minister for Industry and Commerce and upon all parties to the decision of such Minister.

4. The Summons shall be issued within twenty-one days of the date on which notice of the decision of the Minister was given to the party appealing : provided that the time within which the Summons may be issued may he extended on application ex parte or on notice to the Minister for Industry and Commerce at any time within six weeks from the date on which notice of the decision of the Minister was given to the party desirous of appealing.

5. Any question referred to the decision of the High Court by the Minister under proviso (ii) of sub-section (1) of Section 10 of the said Act shall be referred to the decision of the Court by Summary Summons, which may be in Form No. 3 in the Appendix of Forms, and shall be entitled in the matter of the said Act on the application of the Minister, and shall be heard by the Judge.

6. The Summons shall state concisely the question referred to the decision of the High Court and the difficulty felt by the Minister in giving a decision himself thereon.

7. The Summons shall be served on all parties to the application to the Minister.

8. No costs shall be allowed of any proceedings in this order mentioned unless the Judge shall by special order allow such costs.

ORDER XXII. National Insurance Act, 1911, and National Health Insurance Act, 1920.

1. Every appeal under proviso (i) to Section 66 of the National Insurance Act, 1911, as amended by sub-section (1) of Section 10 of the National Health Insurance Act, 1920, shall be brought by Summary Summons, and shall be heard by such Judge of the High Court (hereinafter called the Judge) as may be nominated in that behalf by the Chief Justice.

2. The Summons may be in Form 3 in the Appendix of Forms, and shall be entitled in the matter of the said Acts on the application of the person bringing the appeal, and shall state the decision of the Minister appealed against and the grounds of the appeal,

3. The Summons shall be served on the Minister for Industry and Commerce and upon all parties to the decision of such Minister.

4. The Summons shall be issued within twenty-one days of the date on which notice of the decision of the Minister was given to the party appealing : provided that the time within which the Summons may be issued may be extended on application ex parte or on notice to the Minister at any time within six weeks from the date on which notice of the decision of the Minister was given to the party desirous of appealing.

5. Any question referred to the decision of the High Court by the Minister under proviso (iii) to Section 66 of the National Insurance Act, 1911, as amended by sub-section (1) of Section 10 of the National Health Insurance Act, 1920, shall be referred to the decision of the Court by Summary Summons, which may be in Form 3 in the Appendix of Forms, and shall be entitled in the matter of the said Acts on the application of the Minister, and shall be heard by the Judge.

6. The Summons shall state concisely the question referred to the decision of the High Court and the difficulty felt by the Minister in giving a decision himself thereon.

7. The Summons shall be served on all parties to the application to the Minister.

8. No costs shall be allowed of any proceedings in this order mentioned unless the Judge shall by special order allow such costs.

ORDER XXIII. Writs of Execution, Subpœnas, etc.

1. In lieu of Writs of fieri facias, venditioni exponas, possession, delivery, attachment, sequestration and generally writs of execution and subpœnas ad testificandum, duces tecum or otherwise and commissions to examine witnesses in form of writ, there shall henceforth be issued Orders of the Court similar in requirement to the respective writs, subpœnas and commissions, and bearing date on the day of issue and tested in like manner as Originating Summonses. Such Orders shall be as effectual in every way as the respective writs, subpœnas and commissions, and all statutes and enactments relating to such respective writs, subpœnas and commissions shall apply mutatis mutandis to the Orders of the Court hereby substituted therefor.

2. No Writ of Inquiry shall hereafter be issued.

ORDER XXIV. Appeals from the Circuit Court.

1. Appeals from the Circuit Court shall be by notice of motion. The Appellant shall state in the notice of motion whether all or part only of the Judgment or Order of the Circuit Court is complained of, whether the appeal is taken on law or fact or both, and specify any rulings of law or findings of fact to which he takes exception, and the relief sought upon such appeal.

2. The notice of motion shall be for the first opportunity, and shall be served on every party directly affected by the appeal, and shall be entered and, together with an Affidavit of service, lodged with the County Registrar of the county in which the case appealed from was heard within 14 days from the date at which the Judgment or Order complained of was pronounced in open Court, and shall be accompanied by a requisition for a transcript of the report of the official stenographer, and such sum, not exceeding £5, as the County Registrar shall fix, to be applied towards the Appellant's costs of such transcript. The said date shall be sufficiently evidenced by a note on the face of the Judgment or Order made under the hand of the proper officer of the Court.

3. The County Registrar shall as soon as may be, and not later than 21 days after the lodgment of the said notice, transmit to the Central Office a certified copy of the Judgment or Order appealed from, a certified copy of the notice of motion, all documents and exhibits received in evidence and lodged with him at the hearing of the case in the Circuit Court, and three copies of the transcript of the shorthand note of of the official stenographer.

4. On application to the County Registrar, any interested person shall, after service of the notice of appeal, be entitled to receive one or more copies of the transcript of the shorthand note of the official stenographer on payment of the prescribed fee.

5. Such appeal shall be placed in the list for hearing not less than 7 days after the receipt of the notice of appeal in the Central Office.

6. It shall not under any circumstances be necessary for a Respondent to lodge and serve a notice by way of cross appeal, but if a Respondent intends upon the hearing of the appeal to contend that the Judgment or Order of the Circuit Court shall be varied, he shall, within four clear days from service upon him of notice of appeal, give notice of such intention to any parties who may be affected by such contention.

7. The High Court shall have power to extend the time for appealing, or to amend the grounds of appeal, or to direct notice of the appeal to be served on all or any parties to the proceedings or upon any person not a party, and in the meantime to postpone or adjourn the hearing of the appeal, and to give such Judgment and to make such Order as might have been given or made if the persons served with such notice had been originally parties, or to make any other order on such terms as it may think just, to ensure the determination on the merits of the real questions in controversy between the parties.

8. The appeal shall not operate as a stay of proceedings under the decision appealed from unless the Circuit Judge or the High Court shall so order, or unless within 10 days after the decision a deposit shall be made of a sum to be fixed by the Circuit Judge, not exceeding the amount recoverable under or the value of the property affected by the said Judgment or order, together with costs.

9. Where the Appellant desires to submit fresh evidence on the hearing of the Appeal, he shall serve and lodge, together with his notice of appeal, an Affidavit setting out the nature of the evidence and the reasons why it was not submitted to the Circuit Court. Any party on whom such Affidavit has been served shall be entitled to serve on the Appellant and while in the Central Office an answering Affidavit or Affidavits, or to apply to the Court at the hearing of the appeal for leave to submit such evidence, oral or otherwise, as may be necessary for the purpose of answering such fresh evidence so submitted by the Appellant, provided, however, that the Court may at any time admit fresh evidence on such terms as the Court shall think fit.

10. Where an ex parte application has been refused by the Circuit Court, the notice of appeal from such refusal shall be a two days' notice, and it shall not be necessary to serve it on any person.

ORDER XXV. Appeals to the Supreme Court.

1. The time limits for appeals to the Supreme Court from the High Court shall be as follows:—

(i) In all ex parte appeals the motion to the Supreme Court shall be made within four days from the date of refusal of the order sought.

(ii) In all appeals from judgments or orders given or made on summary hearing of proceedings begun by Summary Summons or from orders on motions on notice or Interlocutory summonses or from orders as to costs, the time for appeal shall be twenty-one days from the date at which the judgment or order was passed and perfected, which date shall be endorsed by the proper officer on the judgment or order and the notice of motion to the Supreme Court shall be a four-day notice.

(iii) In all appeals in cases of trial by a judge with a jury by way of application for a new trial, or to set aside or vary a verdict, findings, or judgment upon such trial which appeals shall be taken to the Supreme Court, the time for appeal shall be twenty-one days from the date of the close of the trial, and the notice of motion to the Supreme Court shall be a ten-day notice.

(iv) In all appeals from judgments or orders on Plenary hearing of actions begun by Plenary Summons, or if begun by Summary Summons, adjourned for Plenary hearing under Order XV., Rule 3, or from judgments on further consideration of actions, whether begun by Plenary or Summary Summons, the time for appeal shall be twenty-one days from the date at which the judgment or order was passed and perfected, which date shall be endorsed by the proper officer on the judgment or order, and the notice of motion to the Supreme Court shall be a ten-day notice.

(v) In all such appeals from the decision of the judges of the High Court, under Section 61 of the Act, the time for appeal shall be twenty-one days from the date of the Order of such Judges, and the notice of motion shall be a four-day notice.

(vi) In all appeals from the decision of the Judical Commissioner under the Land Act, 1923 , or from the decision of the Land Judge in any matter, the time for appeal shall be twenty-one days from the date of the order of the Judical Commissioner or the Land Judge, as the case may be, which date shall be endorsed by the proper officer on the said Order, and the Notice of Motion to the Supreme Court shall be a ten-day notice.

2. The Judge before whom the trial of an action begun by Plenary Summons, whether with or without a Jury, or adjourned for Plenary hearing under Order XV., Rule 5, shall have been held, may, and in case of his refusal, the Supreme Court on ex parte application may, stay execution upon the Judgment or Order in such action on any terms which such Judge or Court may deem just, but save as aforesaid there shall be no stay of execution during the time for service or by reason of service of the Notice of Appeal provided by these Rules.

ORDER XXVI. Appeals from the Railway Tribunal under the Railway Act, 1924, Section 22.

1. Appeals from the Railway Tribunal shall be by Notice of Motion. The Appellants may, by Notice of Motion, appeal from the whole or part of any decision of the Railway Tribunal, and the Notice of Motion shall state whether the whole or only part of such decision is complained of, and in the latter case shall specify such part, and shall also specify any rulings of law or inferences of fact to which he takes exception.

2. It shall be the duty of the party appealing to apply to the Chairman of the Railway Tribunal for a signed copy of the note made by him of any question of law raised before him, and of the facts in evidence in relation thereto and of his decision thereon, and of his decision on the question or matter submitted to him, and to furnish such copy for the use of the Supreme Court, and such copy shall be used and received at the hearing of the appeal, but the Supreme Court shall have power on any question of law or fact to refer to the stenographer's report.

3. The Notice of Appeal shall be a ten days' Notice, and shall be served upon all parties directly affected by the appeal, and shall, together with an affidavit of service and certified copies of the decision appealed from, and the Chairman's note, be entered and lodged in the Office of the Registrar of the Supreme Court within twenty-one days from the date at which such decision was pronounced. The said date shall be sufficiently evidenced by a note on the face of the decision made under the hand of the Registrar of the Railway Tribunal.

4. On application to the Registrar of the Supreme Court any person interested shall, after service of the Notice of Appeal, be entitled to receive one or more copies of the stenographer's report and of the Chairman's note on payment of the prescribed fee.

5. It shall not, under any circumstances, be necessary for a respondent to lodge or serve a Notice by way of cross appeal, but if he intends upon the hearing of the appeal to contend that the decision of the Railway Tribunal should be varied, he shall, within four clear days from service on him of Notice of Appeal, give Notice of such intention to any parties who may be affected by such contention.

6. When an ex parte application has been refused by the Railway Tribunal, an application for a similar purpose may be made to the Supreme Court ex parte within 4 days of the date of such refusal, or within such enlarged time as the Railway Tribunal or the Supreme Court may allow.

7. An Appeal shall not operate as a stay of proceedings under the decision appealed from, except so far as the Railway Tribunal or the Supreme Court may order; and no intermediate act or proceeding shall be invalidated, except so far as the Railway Tribunal may direct.

ORDER XXVII. Fisheries Act, 1925 .

1. Every appeal under sub-section (4) of Section 28 of the Fisheries Act, 1925 , shall be brought by Summary Summons.

2. The Summons may be in Form No. 3, in the Appendix of Forms, and shall be entitled in the matter of the said Act on the application of the person bringing the appeal, and shall state the bye-law, definition, rule, regulation or order appealed against, and the grounds of appeal.

3. The Summons shall be served on the Minister for Fisheries.

ORDER XXVIII. Costs.

1. Subject to the provisions of the Act, all costs shall be in the discretion of the Master in cases coming within Order XIII., Rule 2 (i)-(xii) inclusive, in which the Master may make an Order.

2. Subject as aforesaid, except by order of the Court, no costs shall be allowed to a plaintiff in any action or matter commenced in the High Court which could have been commenced in the Circuit Court or the District Court, save such costs as would have been recoverable by the plaintiff in the Circuit Court or the District as the case may be.

3. In all causes and matters commenced before or after these Rules come into operation Solicitors shall be entitled to charge and be allowed the fees set forth in Appendix II. hereof in substitution for the fees prescribed in Part 1 of Appendix S of the Rules of the Supreme Court (Ireland), 1905, provided that in all causes and matters pending at the date aforesaid Solicitors shall be entitled to charge and be allowed the fees according to the scale of costs in force at the date of the commencement of the cause or matter.

4. The Rules, Orders and practice of any Court whose jurisdiction is transferred by the Act to the High Court and Supreme Court relating to costs and the allowance of fees of Solicitors and the taxation of costs existing prior to the commencement of the Act shall in so far as they are not inconsistent with the Act and these Rules remain in force and be applicable to Costs of the same or analogous proceedings and to the allowance of the fees of Solicitors of the High Court and Supreme Court and the taxation of costs in the High Court and Supreme Court.

ORDER XXIX. Use of National Language of Saorstáat Eireann in Courts.

1. There shall be attached to the Offices such number of interpreters as the Chief Justice and the President of the High Court respectively may from time to time, by requisition in writing addressed to the Minister for Justice, request, and such interpreters shall attend the Courts and the offices thereof as directed by the Judges, and as required by a Judge for the hearing of any case.

2. All summonses and notices to be served personally in the Gaedhealtacht, if in the English Language, may be accompanied by a translation thereof in Irish, and if not so accompanied shall be translated into Irish by one of the interpreters attached to the Central Office, and the party serving such summons or notice shall be bound to serve the Irish version along with the English original of the document in question.

3. All summonses and notices to be served in any part of Saorstát Eireann, if in Irish, may be accompanied by a translation thereof in English, and, if not so accompanied, shall be translated into English by one of the interpreters attached to the Central Office and the party serving such Summons or Notice shall be bound to serve the English version along with the Irish original of the document in question.

4. Any affidavit in English filed by any party in the Central Office shall, on request by any other party to the same proceeding, be translated by one of the interpreters attached to such office into Irish, and similarly any affidavit in Irish into English, provided that the party requiring such translation or his Solicitor shall file a declaration that such party does not understand the language in which such affidavit is filed. The party so requiring shall be entitled to receive one office copy of such translation without charge.

5. In this Order the expression "The Gaedhealtacht" shall mean the geographical area comprising such districts of Saorstát Eireann as shall be from time to time declared by the Oireachtas.

ORDER XXX. Mode of Address to the Judges: Robes of Bench and Bar.

1. Every Judge of the Supreme Court and the High Court may be addressed therein in the manner at present in use, or by the Irish equivalent thereto, "SEE PAGE 996"

2. The Judges of the Supreme Court and of the High Court shall on all occasions, during the sittings, including sittings of the Central Criminal Court, wear the following costume, namely:—

A black coat and vest of uniform make and material, of the kind heretofore worn by Senior Counsel.

A black Irish poplin gown of uniform make and material,

White bands as heretofore worn.

A wig such as has heretofore been worn by Judges of the Supreme Court of Judicature in Ireland, of the kind known as the small or bobbed wig.

3. The Senior and Junior Counsel practising in the Supreme Court or the High Court of Justice shall appear, when in Court, habited in a dark colour, and in such robes and bands and with such wigs as have heretofore been worn by Senior and Junior Counsel respectively, and no Counsel shall be heard in any case during the sittings unless so habited.

ORDER XXXI. Sittings and Vacations.

1. The sittings of the Supreme Court and of the High Court respectively shall be four in every year, viz.:—The Hilary Sittings (Suidheanna na Féile Brighde), the Easter Sittings (Suidheanna na Cásga), the Trinity Sittings (Suidheanna na Tríonóide), and the Michaelmas Sittings (Suidheanna na Féile Michil). The Hilary Sittings shall begin on the 11th January and end on the Saturday of the week preceding the Easter Vacation; the Easter Sittings shall begin on the Monday of the week following the Easter Vacation and end on the Thursday preceding Whit Sunday; the Trinity Sittings shall begin on the Wednesday of the week following Whitsun week and end on the 31st July, and the Michaelmas Sittings shall begin on the 10th October and end on the 21st December, provided that, if the 11th January or the 10th October shall be a Saturday or Sunday, the Hilary Sittings or the Michaelmas Sittings, as the case may be, shall begin on the following Monday.

2. The vacations to be observed in the several Courts and offices of the Supreme Court and the High Court shall be four in every year, viz.:—The Easter Vacation, the Whitsun Vacation, the Long Vacation, and the Christmas Vacation. The Easter Vacation shall begin on the Monday of the week before Easter Week and end on the Saturday of Easter Week. The Whitsun Vacation shall begin on the Friday of the week preceding Whitsun and end on the Saturday of Whitsun Week. The Long Vacation shall begin on the 1st August and end on the 30th September. The Christmas Vacation shall begin on the 24th December, and end on the 6th January.

3. The days of commencement and termination of each sittings and vacation shall be included in such sittings and vacation respectively.

4. The several offices of the Supreme Court and of the High Court shall be open on every day of the year except Sundays, St. Patrick's Day, Good Friday, Easter Eve, Monday and Tuesday in Easter Week, Whit Monday, the 1st Monday in August, Christmas Day and the seven next following days, and all days duly appointed to be observed as public holidays in public offices.

ORDER XXXII. Enrolment of Recognisances and Bonds.

It shall not be necessary to enrol any recognisances or bond given by a receiver or liquidator or guardian in pursuance of an order of the Court or a Judge, but the same shall be filed and kept as a record until the same has been duly vacated by Order, and shall have the same effect as if enrolled.

ORDER XXXIII. Entry of Judgments and Orders, etc.

1. Every judgment or order which, according to the practice at the time when these rules came into operation, would require to be entered by the proper officer, shall for the future be filed under the direction of the Master. An entry of the filing thereof shall be made in books to be kept for that purpose, and all judgments and orders made throughout any year shall be numbered consecutively in the order in which they are filed. Every judgment or order so filed shall be deemed to be duly entered, and the date of such filing shall be deemed the date of entry.

2. A duplicate of every judgment or order shall, one clear day after the same shall have been left at the Central Office or in urgent cases sooner, if so directed by the Master, be supplied out of the said office without fee to the solicitor or person having carriage of the order; and wherever any rule or order, or the practice of the Court, requires the production or service of the original judgment or order, it shall be sufficient to produce or serve the duplicate.

ORDER XXXIV. Central Office.

The business formerly transacted in each of the following offices shall, if and so far as the same shall require to be transacted, be transacted in the Central Office:—

1. Master of the King's Bench Division.

2. Chancery Registrar's Office.

3. Entry and Issue Office.

4. Chief Clerks' Chambers (General Office).

5. Associate's Office.

6. Pleadings Office (Common Law).

7. Rules Office do.

8. Crown Office do.

9. Judgment Office do.

10. Consolidated Judgment, Record, Writ and Notice Office.

11. Admiralty Office.

12. Probate Office (Contentious business and Matrimonial).

13. Central Scrivenery Office.

14. Election Petitions Office.

Provided, however, that all business relating to the exercise of the several jurisdictions transferred to the Chief Justice by sec. 19 of the Act shall be transacted in the office of the Registrar to the Chief Justice.

ORDER XXXV. Funds in Court.

1. Cash under the control of, or subject to the order of the Court may, by order of the Court, be invested in the following stocks, funds, or securities, namely:—

Five per cent. National Loan, 1935-1945;

Four and a half per cent. Land Bonds.

Five per cent. Compensation Stock.

Two and a half per cent. consolidated stock;

Five per cent. War Loan, 1929-47.

Two pounds fifteen shillings per cent. annuities;

Two pounds ten shillings per cent. annuities;

Local loans stock under the National Debt and Local Loans Act, 1887;

Guaranteed Land Stock;

Guaranteed Two and Three-quarters per cent. stock, 1903;

Any other stocks guaranteed by the Government of Saorstát Eireann or by the Government of Great Britain;

Bank of Ireland stock;

Deposit receipt in the Bank of Ireland;

Bank of England stock;

India Three and a Half per cent. stock;

India Three per cent. stock;

Indian guaranteed railway stocks or shares, provided in each case that such stocks or shares shall not be liable to be redeemed within a period of fifteen years from the date of investment;

Inscribed stock of Colonial Governments guaranteed by the Imperial Government;

Mortgage of freehold and copyhold estates respectively in Ireland;

Five per cent. Dublin Port and Docks Board Redeemable Stock (1962-1985).

Debenture, preference, guaranteed, or rent-charge stocks of railways in Saorstát Eireann, Great Britain or Northern Ireland, having for ten years next before the date of investment paid a dividend on ordinary stocks or shares.

Debenture, preference, guaranteed, or rent-charge stocks of railways in Saorstát Eireann, Great Britain or Northern Ireland, guaranteed by railway companies owning railways in Saorstát Eireann, Great Britain or Northern Ireland, which have for ten years next before the date of investment paid a dividend on ordinary stock or shares.

2. The Accountant of the Courts of Justice may, after the expiration of six months from the lodgment, without any order or request, invest all sums of cash not less than £50 lodged in Court in Irish Free State National Loan, unless the Court shall otherwise direct, or a request that same shall not be invested, signed by the party or solicitor having carriage of the cause or matter in which same shall have been lodged, shall be left with the Accountant of the Courts of Justice.

ORDER XXXVI. Revenue.

1. The procedure heretofore in force with reference to Revenue causes and matters in the late High Court and Court of Appeal shall apply to similar proceedings in the High Court and the Supreme Court, save:—

(a) that in lieu of a Writ of Subpœna for the commencement of an action, or a Writ of Summons for recovery of duties or a Writ of Scire Facias there shall henceforth be used originating Summonses similar in requirement to those Writs;

(b) that in lieu of Writs of Levari Facias or Attachment or other Writs of execution there shall henceforth be issued Orders of the Court similar in requirement to those Writs and bearing date on the day of issue, and tested in like manner as originating Summonses. Such orders shall be as effectual in every way as the said Writs.

2. An order for Attachment on proceedings by originating Summons for recovery of duties may be made by the Master.

3. The forms heretofore in use in Revenue causes and matters shall, subject to all modifications which may be necessary pursuant to the provisions of the Act, or of these Rules, or of the Finance Act, 1924 , be used in similar proceedings in the High Court and the Supreme Court.

4. Save as aforesaid, these Rules, so far as they are applicable, and subject to all necessary modifications, including those in this Order mentioned, shall apply to all Revenue causes or matters.

ORDER XXXVII. Definitions.

1. In these rules the expression "the Act" shall mean the Courts of Justice Act, 1924 , the expression "the High Court" shall mean the High Court or a Judge thereof, save where the decision of two Judges is required by the Act, and the expression "the Master" shall mean the Master of the High Court.

2. All provisions in the Rules of the Supreme Court (Ireland), 1905, regarding the Chief Crown Solicitor or Crown Solicitors, shall apply, wherever applicable, to the Chief State Solicitor and State Solicitors respectively.

3. All provisions in the Rules of the Supreme Court (Ireland), 1905, regarding the Court of Appeal, the Lord Chancellor, the High Court of Justice, or either Division thereof, or the County Court, shall apply, where the context so requires, to the Supreme Court, the Chief Justice, the High Court, and the Circuit Court respectively.

4. References in any statute or enactment now in force to any writ, petition, order or other legal process shall in the application of such statute or enactment be construed as reference to the corresponding legal process provided by the Act or by these Rules.

ORDER XXXVIII. Time.

The Court shall have power to enlarge or abridge the time appointed by these Rules, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered, although the application for the same is not made until after the expiration of the time appointed or allowed.

ORDER XXXIX. Date of Commencement.

These Rules shall come into operation on the 1st October, 1926, if the same shall have been then approved by Resolutions of both Houses of the Oireachtas, but if not then approved, then as soon as the same shall have been so approved.

APPENDIX 1.


FORMS.

No. 1.

ORIGINATING SUMMONS—PLENARY.


SAORSTÁT EIREANN.

19 No.

HIGH COURT OF JUSTICE.

BETWEEN:—

A.B. Plaintiff.

and

C.D. Defendant.

To the said Defendant C.D.

of           in the County of

This Plenary Summons is to require you that within eight days after the service thereof upon you (exclusive of the day of such service) you in person or by Solicitor do enter an appearance in the Central Office, Courts of Justice, Dublin, in the above action; and TAKE NOTICE that in default of your so doing, the Plaintiff may proceed therein and judgment may he given in your absence.

Witness—
Chief Justice of the Irish Free State.
The day of in the year of our Lord, 19  .

N.B. —This Summons is to he served within twelve calendar months from the date hereof, and, if renewed, within six calendar months from the last renewal, including the day of such date and not afterwards.

The Defendant, may appear hereto by entering an appearance either personally or by Solicitor at the Central Office, Courts of Justice, Dublin.

GENERAL INDORSEMENT OF CLAIM.

The Plaintiff's claim is

This Summons was issued by [the said Plaintiff who resides at (state address accurately) and is      and whose address for service is   or] E.F., whose registered place of business is

Solicitor for the Plaintiff who resides at

This Summons was served by me at         on the

Defendant    on  day the   day of

19

Indorsed the    day of       19

(Signed)

(Address)


No. 2.

ORIGINATING SUMMONS—SUMMARY indorsed with a claim under Order III., Rule 1 (i) or (ii)


SAORSTÁT EIREANN.


19     No.

HIGH COURT OF JUSTICE.

BETWEEN:—

A.B. Plaintiff

and

C.B. Defendant.

To the said Defendant C.B.

of          in the County of

This Summary Summons is to require you that within eight days after the service thereof upon you (exclusive of the day of such service) you in person or by Solicitor do enter an appearance in the Central Office, Courts of Justice, Dublin, in the above action or matter; AND TAKE NOTICE that if you do enter such appearance, due notice of the day and hour of the hearing of this Summons will be delivered at the address for service named in the Memorandum of Appearance, but if you do not enter such appearance, the Plaintiff may proceed in the said action or matter and judgment therein be given in your absence without further notice.

Witness—
Chief Justice of the Irish Free State,
the day of in the year of our Lord 19 .

N.B. —This summons is to be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of such date and not afterwards.

The Defendant may appear hereto by entering an appearance either personally or by Solicitor at the Central Office, Courts of Justice, Dublin


SPECIAL INDORSEMENT OF CLAIM.

The Plaintiff's claim is

(Signed)

When the Plaintiff's claim is for a liquidated demand only, add indorsement for costs (if any) prescribed by Order (iv), Rule 3, and £   for costs and upon payment of £ for demand and £  for costs within eight days after service, further proceedings will be stayed.

This Summons was issued by [the said Plaintiff who resides at (state address accurately) and is     and whose address for service is    or] E.F., whose registered place of business is

Solicitor for the Plaintiff who resides at

This Summons was served by me at

on the Defendant     on   day the

day of       19 .

Indorsed the day of 19 .

(Signed)

(Address)


No. 3.

ORIGINATING SUMMONS—SUMMARY endorsed with a claim under Order III., Rule 1 (iii) or (iv).

19       No.


SAORSTÁT EIREANN.


HIGH COURT OF JUSTICE.

In the matter of the Blackacre Estate
settled by Settlement, etc.
and
In the matter of the Settled Land Acts, 1882 to
1890
or
In the matter of the Trusts of the Will, etc.
and
In the matter of the Trustee Act, 1893,
[or as the case may be]

BETWEEN

A.B. Plaintiff

and

C.D. Defendant

[or if not inter partes].

On the application of A.B.

To [insert name and address of Defendant or Respondent (if any) ]

of        in the County of

This Summary Summons is to require you to attend before the Master at the Courts of Justice, Dublin, on the   day of  at  o'clock in the forenoon at the hearing of this Summary Summons issued on the   day of    ,and if yon do not attend in person or by solicitor at the time and place aforesaid, such order will be made, and proceedings taken as the Master may think just and expedient.

Witness—
Chief Justice of the Irish Free State,
the day of in the year of our Lord 19 .

N.B.—This Summons is required to be served not less than four days before the return day mentioned therein (exclusive of the day of service).


SPECIAL INDORSEMENT OF CLAIM.

The Plaintiff's claim is

Schedule of Affidavit or Affidavits intended to be used by the Plaintiff or Applicant on the hearing of the Summons.

This Summons was issued by [the said Plaintiff or Applicant, who resides at (state address accurately) and is and whose address for service is

    or] E.F., whose registered place of business is

Solicitor for the said Plaintiff or Applicant, who resides at

This Summons, etc. (as in Form No. 2. If no service, strike out).

APPENDIX. II.

PART I.

COSTS AND FEES IN HIGH COURT AND SUPREME COURT PROCEEDINGS.

SUMMONSES, ETC.

£ s d
1.

Originating Notice or Originating Summons for the commencement of any proceedings to include attendance to get Notice or Summons sealed, to file duplicate and to get copy for service stamped ... ... ... ... ... ...

1 0 0
2.

And for indorsement of claim, if of special difficulty ... ... ... ... ... ...

0 5 0
3.

Copy to lodge ... ... ... ... ... ...

0 3 0
4.

If of unusual length an alternative charge shall be allowed for each folio ... ... ... ...

0 0 6
5.

Concurrent Summons or Notice ... ... ...

0 7 6
6.

Renewal of a Summons ... ... ... ...

0 7 6
7.

Notice of a Summons for service in lieu of Summons out of Jurisdiction ... ... ... ...

0 6 0
8.

Citation, Probate or Matrimonial ... ...

0 15 0
9.

Order for attendance ad testificandum with duces tecum ... ... ... ... ... ...

0 10 0
10.

Order or Notice of subpœna ad testificandum for any number of persons not exceeding three, and the same for every additional number not exceeding three ... ... ... ... ...

0 7 6
11.

Order for execution, or other Order to enforce any judgment or for Order for Inquiry ... ...

0 10 0
12.

Procuring an Order of execution or Notice to the Sheriff marked with a Seal of renewal ...

0 7 6
13.

Notice thereof to serve on Under Sheriff ... ...

0 5 0
14.

Any Summons not included in the above ...

0 10 0

In case of any of the foregoing Summonses or Orders being of unusual length an alternative charge shall be allowed for each folio of necessary matter of ... ... ... ... ...

0 1 6

These fees include all certificates at foot and indorsements and copies of praecipes for the officer sealing them, and attendances to issue or seal, and all things requisite to complete the Summons, Order or Process, but not the Court fees. Parchment, where necessary, an additional 1s. 6d. ... ... ... ...

15.

Summons or Notice to attend before Master ...

0 5 0
16.

Or if special, at Taxing Master's discretion, not exceeding ... ... ... ... ... ...

0 15 0
17.

Copy for the Master when required ... ...

0 3 0
18.

If of unusual length an alternative charge shall be allowed for each folio of necessary matter of ...

0 0 6
19.

Indorsing summons and copies when parties not served before return day under Order 55, Rule 25 ... ... ... ... ... ...

0 7 6
20.

Summons to Tax ... ... ... ... ...

0 5 0
21.

Each necessary copy ... ... ... ... ...

0 1 6
SERVICES NOTICES AND DEMANDS.
22.

For marking names of parties to be served on any notice, summons, or document served through the Central Office, when the same is not accompanied by a notice of transmission

0 3 9
23.

Service of any summons, interrogatories, order, notice, demand, or other document (not being an Originating Summons or citation) on a party who has entered an appearance, if not authorised to be served through the central office ...

0 3 0
24.

Service of any Summons, citation, interrogatories, petition, order, or notice, on a party who has not entered an appearance (not authorised to be served by post or through the Central Office or service of an Order of Subpoena ad test or duces tecum :—

In the City of Dublin ... ... ... ...

0 10 0

In any other City ... ... ... ...

0 10 0

In the County of Dublin from 10s. to ...

1 0 0

In other Counties from 10s. to ... ...

1 10 0

If lodged in lieu of service ... ... ...

0 5 0
25.

Where, in consequence of the distance of the party to be served, it is proper to effect such service through an agent, for correspondence, in addition ... ... ... ... ... ...

0 7 6

Where more than one attendance is necessary to effect service or to ground an application for substituted service, and in the other cases within Rule 56 of Order LXV., such further allowance may be made as the Taxing Master shall think just.

26.

For service out of the jurisdiction the proper and necessary costs thereof.

27.

If service by post be authorised not through the Central Office ...

0 3 4

Not to exceed for any number of services of the same document on different persons ...

Where any two or more documents shall be served together, one fee only for service is to be allowed.

In addition to the above fees the following allowances are to be made :—

28.

As to Summonses, for copy for service, for each folio of necessary matter ... ... ... ...

0 0 6
29.

As to Summons to attend before the Master, for each copy to serve ... ... ... ... ...

0 1 6
30.

Or for each folio of necessary matter ... ...

0 0 6
31.

As to notices in proceedings to wind up companies, for preparing or filling up such notice to creditors to attend and receive debts, and to contributions to settle list of contributions ...

0 1 6
32.

And for preparing or filling up each notice to contributories to be served with a general order for a call or an order for payment of a call ...

0 1 6
33.

And for drawing notice to be served on contributories or creditors of a meeting, per folio, of necessary matter ... ... ... ... ...

0 1 6
34.

For each copy of the last-mentioned notice to serve, per folio ... ...

0 1 6
35.

For preparing or filling up for service in any other cause or matter each notice to creditors to prove claims, and each notice that drafts may be received, specifying the amount to be received for principal and interest and costs, if any

0 1 6
36.

For preparing notice to produce or admit on trial or hearing of action, not exceeding ... ...

0 5 0
37.

If special or of unusual length an alternative charge shall be allowed for each folio of necessary matter of ... ... ... ... ... ...

0 1 0
38.

And for each copy such allowance as may be reasonable, not exceeding per folio of necessary matter ... ... ... ... ... ...

0 0 6
39.

For preparing notice of motion, not exceeding ...

0 5 0
40.

Or at Solicitor's option for each folio of necessary matter ... ... ...

0 1 0
41.

Copy for service ... ... ... ... ...

0 1 6
42.

Or at Solicitor's option for each folio of necessary matter ... ... ...

0 0 6
43.

For preparing any necessary or proper notice not otherwise provided for ... ... ... ...

0 2 6
44.

If special or of unusual length an alternative charge shall be allowed for each folio of necessary matter of ... ... ... ... ... ...

0 1 0
45.

And for each copy for service, per folio ...

0 0 6
46.

Copies for service of interrogatories and petitions, and of orders with necessary notices (if any) to accompany, per folio ... ...

0    0 6

In proceedings to wind up a company the usual charges relating to printing shall be allowed in lieu of copies for service where the fee for copies would exceed the charges for printing, and amount to more than £5.

APPEARANCES.
47.

Entering any appearance ... ... ... ...

0 10 0
48.

If entered at one time for more than one person, for every person beyond three ... ... ...

0 1 6
49.

If a person appearing to a Summons to recover land limits his defence by his memorandum of appearance, in addition to the above ... ...

0 7 6
50.

Search for appearance when time limited therefor has expired ...

0 5 0
INSTRUCTIONS.
51.

To institute or defend any proceeding ... ...

0 10 0
52.

For citation or for inventories ... ... ...

0 10 0
53.

For petitions or answers in matrimonial matters

0 10 0
54.

For statement of claim or special case ...

0 15 0
55.

For statement or further statement of defence ...

0 10 0
56.

For counter-claim ... ... ... ... ...

0 10 0
57.

For reply by plaintiff when defendant sets up a counterclaim ... ...

0 15 0
58.

For reply or further reply in any other case by plaintiff or other person, with or without joinder of issue ... ... ... ... ...

0 10 0
59.

For confession of defence ... ... ... ...

0 10 0
60.

For joinder of issue without other matter ...

0 10 0
61.

For special petition, any other pleading (not being a summons), and interrogatories for examination of a party or Witness ... ... ...

0 10 0
62.

To amend any pleading ... ... ... ...

0 10 0
63.

For affidavits in answer to interrogatories and other special affidavits ... ... ... ...

0 10 0
64.

To appeal or defend appeal ... ... ... ...

1 0 0
65.

To add parties ... ... ... ... ...

0 10 0
66.

For Counsel to advise on evidence, when the evidence in chief is to be taken orally ...

0 10 0
67.

Or, in cases of difficulty, not to exceed ... ...

1 0 0
68.

For Counsel to make any application to a Court, Judge or Master, where no other brief ...

0 10 0
69.

For brief on motion for special injunction ... ...

1 0 0
70.

For brief on hearing or trial of action, upon notice trial, or notice for judgment given, whether such trial be before a Judge, with or without a Jury, or on trial of an issue of fact before a Judge or Commissioner, or on an inquiry before the Master, or on assessment of damages not exceeding ... ... ... ... ... ...

1 11 6

The fees for instructions for brief are to apply to a hearing on further consideration, only when the order for accounts or inquiries was made without such hearing or trial as above-mentioned, or the party to be charged has not appeared on a previous hearing or trial of the action.

72.

For accounts, charges and discharges, and statements to lodge, and reports in Admiralty, if any ... ... ... ... ... ...

0 10 0
73.

Or such further reasonable sum as the Taxing

Master may on special grounds allow, having regard to the nature and importance of the case, but, unless otherwise ordered by the Court, a Judge, or the Master, not to exceed ...

7 10 0
74.

For Receivers accounts (including affidavit to verify) where necessary ... ... ... ...

0 10 0
75.

Or such further reasonable sum as the Taxing

Master may on special grounds allow, having regard to the nature and importance of the case, but, unless otherwise ordered by the Court or a Judge, or the Master, not to exceed

7 10 0
DRAWING PLEADINGS AND OTHER DOCUMENTS.
76.

Statement of Claim when not endorsed on Summons, or, in probate and matrimonial causes and matters, petition ... ... ... ...

0 10 0
77.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ... ...

0 1 6
78.

Statement of Defence ... ... ... ...

0 7 6
79.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ... ...

0 1 6
80.

Statement of Defence and Counter-claim ...

0 7 6
81.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ... ...

0 1 6
82.

Reply, with or without joinder of issue, confession of defence, joinder of issue without other matter, and any other pleading (not being a petition or summons) and amendments of any pleading

0 7 6
83.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ... ...

0 1 6
84.

Pleadings in the Probate and Matrimonial Division

0 10 0
85.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ... ...

0 1 6
86.

Particulars, breaches. and objections when required, and one copy to deliver ... ...

0 7 6
87.

Or such amount as may be reasonable not exceeding per folio of necessary matter ... ...

0 1 0
88.

If more than one copy to be delivered, for each other copy, per folio ... ... ... ...

0 0 6
89.

Special case, whether original or in an action, affidavits in answer to interrogatories and affidavits to be used on the trial of an action to be tried in whole or in part on affidavit and other special affidavits , petitions, and interrogatories, per folio of necessary matter ...

0 1 6
90.

Certificate of service of citation ... ... ...

0 4 0
91.

Preparing each memorandum of exhibit for marking by a Commissioner or Officer of the Court ...

0 1 6
92.

Drawing instrument to be filed in or issued from the Registry of the High Court (Probate) for which no other fee is herein allowed, per folio

0 1 6
93.

Case for motion in probate and matrimonial actions, causes and matters, including copy for Judge

0 15 0
94.

Drawing motion docket on ex parte application to the Master ... ...

0 5 0
95.

Drawing request to the Master to enter Summons or Motion for hearing an appearance having been entered ... ... ... ... ...

0 7 6
96.

Drawing Notice of hearing of Summons before the Judge ... ... ...

0 5 0
97.

Drawing brief for trial or on hearing of cause, or issue of fact, assessment of damages, Admiralty reference, examination of witnesses, special case or petition before a Court or Judge, Commissioner, or Officer of the Court, when necessary and proper, to comprise necessary and proper observation, per folio ... ... ... ...

0 1 0
98.

Brief on application to add parties ... ...

0 10 0
99.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ...

0 1 0
100.

Brief on further consideration per sheet of ten folios ... ... ... ...

0 10 0
101.

For drawing and engrossing ordinary affidavit, consent, undertaking, or admission, if five folios or under ... ... ... ...

0 7 6
102.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ...

0 0 9
103.

Accounts, statements, and other documents for Master's office, or Admiralty Registry, when required ... ... ... ... ... ...

0 6 0
104.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ...

0 1 0

The Taxing Master may, in lieu of the above rate per folio, allow a reasonable bulk sum, having regard to the allowance for instructions.

But not to exceed altogether, either for folio or other charge £25, unless the Court or Judge or Master authorises a larger charge.

When an affidavit is annexed to a document merely to verify or identify it, the entire is to be considered as one document for the purpose of charge, and no separate fees to be allowed for attendance, draft, engrossment, copy, or signature.

105.

Advertisements to be signed by Master, Registrar, or Clerk in Court, including attendance therefor

0 10 0
106.

Drawing Notice for Gazette or newspaper to a corporation or public body, of issuing of a Summons ... ... ... ... ...

0 7 6
107.

For each necessary copy ... ... ... ...

0 1 6
108.

For drawing and engrossing recognizance ...

0 15 0
109.

Preparing common bond and warrant ... ...

1 0 0
110.

Drawing and engrossing satisfaction piece and affidavit ... ... ...

0 10 0
111.

Bill of Costs for taxation, including copy for the Taxing Master for every item ... ... ...

0 0 2
112.

Drawing Case for Counsel, if not more than six folios ... ... ... ...

0 10 0
113.

For each subsequent folio ... ... ... ...

0 1 0
114.

Copy per folio where necessary ... ... ...

0 0 6

Note.—The draft of a case for proofs, when necessary, may be allowed, if the brief for trial is not afterwards made. Copies of pleadings, and documents sent to Counsel with the case for proofs, and copies of documents sent to Counsel with draft pleadings and the like, must be afterwards incorporated with the briefs for trial or hearing, or on motions, if the same be requisite for such briefs; provided that in special cases where such incorporation is not practicable, the Taxing Master shall be at liberty to allow for such copies, or any of them, as he may think just.

115.

Certificate of Taxation and all copies ... ...

0 7 6
116.

Drawing assignment of judgment, ten folios or under ... ... ... ...

0 15 0
117.

Engrossing ... ... ... ... ... ...

0 15 0
118.

Drawing and engrossing memorial thereof ...

0 10 0

Note.—The fee for drawing a document includes instructions in all cases where a separate fee for instructions is not hereby allowed, and includes in all cases a copy for use or for settlement by Counsel.

COPIES.
119.

Briefs of all proper and necessary documents, other than printed documents, at per folio ...

0 0 6

Duplicate copies made by carbon or otherwise, if legible ... ... ...

0 0 3
120.

Copies of documents, not printed, where no other provision is made, at per folio ... ... ...

0 0 6

Duplicate copies made by carbon or otherwise, if legible ... ... ...

0 0 3
121.

Where, pursuant to Rules of Court, any pleading, special case, or evidence is printed, the Solicitor of the party printing shall be allowed for a copy for the Printer (except when made by the Officer of the Court), at per folio ... ...

0 0 6
122.

And for examining the proof print, at per folio ...

0 0 3
123.

And for printing, the amount actually and properly paid to the Printer, not exceeding the amount prescribed by Order LXV., Rule 53.

124.

In addition to the allowances for printing and taking printed copies there shall be allowed per folio for such printed copies as may be necessary or proper for the following, but for no other purpose, viz.:— Of any pleading for delivery to the opposite party, or filing in default of appearance;

Of any special case for filing;

Of any pleading or special case for the use of the Court, Judge or Master;

Of any affidavit to be sworn to in print;

And of any pleading, special case, or evidence for the use of Counsel in Court ... ... ...

0 0 3

Such additional allowances for printed copies for the Court, Judge or Master, and for Counsel, are not to be made where written copies have been made previously to printing, and are not in any case to be made more than once in the progress of the cause.

Close copies, whether printed or written, are not to be allowed as of course, but the allowance is to depend on the propriety of making or sending the copies, which in each case is to be shown and considered by the Taxing Master.

125.

Inserting amendments in a printed copy of any pleading, or special case when not reprinted ...

0 1 6
126.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ...

0 0 6
ENGROSSING.
127.

Engrossing on parchment document required to be so engrossed, per folio ... ... ... ...

0 0 9
PERUSALS.
128.

Of Statement of Claim, Statement of Defence, Reply, Joinder of issue, and other pleading (not being a Summons), by the Solicitor of the party to whom the same are delivered ... ...

0 7 6
129.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ...

0 0 6
130.

Of amendment of any such pleading ... ...

0 7 6
131.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ...

0 0 6
132.

Of interrogatories to be answered by a party by his Solicitor ... .

0 7 6
133.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ...

0 0 6
134.

Of Special case by the Solicitor of any party except the one by whom it is prepared ... ... ...

0 7 6
135.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ...

0 0 6
136.

Of testamentary papers and exhibits of all kinds in probate and matrimonial actions, causes, and matters, where necessary, per folio ...

0 0 6
137.

Collating any copy of a script, exhibit, or other instrument in probate and matrimonial actions, causes, and matters, with the original or with another copy thereof, in addition to fee for attendance where necessary, per folio ...

0 0 3
138.

Of copy order to add parties, notice of defendant's claim against any person not a party to the action under Order XVI., Rule 48 (1905), and of defendant's statement of defence and counter-claim served on a co-defendant or his Solicitor or on a person not a party, by the Solicitor of the party served therewith, and in these several cases the perusal of the plaintiff's statement of claim is also to be allowed, unless the Solicitor has been previously allowed such perusal ... ...

0 7 6
139.

Or, at Solicitor's option, per folio of necessary matter ... ... ... ...

0 0 6
140.

Of affidavit in answer to interrogatories by the Solicitor of the party interrogating, and of affidavit to be used in the cause by the Solicitor of the party against whom same are to be read, per folio ... ... ... ... ... ...

0 0 4
141.

For examining, where necessary, claims under Order LV. Part XI. (1905) when the number does not exceed five ... ... ...

0 7 6
142.

And for each additional five ... ... ...

0 7 6
143.

Of accounts, charges, discharges, reports, or draft certificates ...

0 10 0
144.

Or, under special circumstances a fee not exceeding ... ... ... ...

1 10 0
145.

Of notice to produce or admit by solicitor of party served, if under ten folios ... ... ...

0 7 6
146.

Ten folios or over ... ... ... ... ...

0 10 0
147.

On appointment of new solicitor for reading documents and proceedings to obtain a knowledge thereof ... ... ... ... ... ...

1 11 6
148.

Or such further reasonable sum as the Taxing Master may on special grounds allow, having regard to the nature and importance of the case, but not to exceed ... ... ... ... ...

5 0 0

These charges not to be allowed as between party and party unless change was occasioned by death of Solicitor or circumstances over which Client had no control.

149.

A perusal of Bill of Costs by Solicitor opposing taxation for each hundred items or fractional part of one hundred items of Bill of Costs ...

0 5 0

Note.—In respect of any of the foregoing charges for perusals the Taxing Master may allow a reasonable bulk sum less than the charge per folio would amount to.

ATTENDANCES.
150.

To obtain consent of next friend to sue in his name or of a guardian ad litem ... ... ... ... ... ...

0 10 0
151.

To file copy summons and indorsement under Order V., Rule 9 (1905) including copy ..

0 5 0
152.

To deliver, or file or file in lieu of delivery, any pleading (not being a petition or summons) or a special case ... ... ... ... ...

0 5 0
153.

To inspect or produce for inspection documents, pursuant to a notice to admit ... ... ...

0 10 0
154.

Or per hour necessarily occupied ... ... ...

0 10 0
155.

To lodge at notice department of the Offices of the High Court notice or other document for transmission ... ... ... ... ... ...

0 10 0
156.

To bespeak and obtain certificate from the Central Office of the High Court ... ... ... ...

0 5 0
157.

To bespeak and obtain certificate of funds, one fee only, unless otherwise necessary ... ...

0 5 0
158.

To bespeak and obtain account of funds, one fee only, unless otherwise necessary ... ..

0 10 0
159.

To examine and sign admission ... ... ...

0 10 0
160.

To inspect or produce for inspection documents referred to in any pleading or affidavit, pursuant to notice under Order XXXI., Rule 15(1905)

0 10 0
161.

Or per hour ... ... ... ... ... ...

0 10 0
162.

To obtain or give any necessary or proper consent

0 10 0
163.

On examination of witnesses before the Master or any examiner, Admiralty, Registrar Commissioner, Officer or other person ... ... ...

1 0 0
164.

Or, such further reasonable sum as the Taxing Master may on special grounds allow, having regard to the nature and importance of the case, not to exceed in the whole ... ... ...

3 3 0
165.

On deponents being sworn, or by a solicitor or his clerk to be sworn to an affidavit in answer to interrogatories or other special affidavit ...

0 10 0
166.

On the Master for order of inquiry ... ...

0 10 0
167.

On the Master on hearing of ex parte application and for order

0 20 0
168.

On the Master on hearing of any Summons or Motion on notice, and on Counsel and for Order

0 15 0
169.

On the Master on any other application not herein provided for, and for order ... ... ...

0 10 0
170.

Or, according to circumstances, such sum as the Taxing Master shall allow, not to exceed ...

1 11 6
171.

On a summons before Master when in the list for the day and not reached ... ... ... ...

0 10 0

On Counsel with brief, or other papers : —

172.

If Counsel's fee two guineas ... ... ...

0 5 0
173.

If more, and under ten guineas ... ... ...

0 10 0
174.

If ten guineas and under twenty guineas ...

0 10 0
175.

If twenty guineas or more ... ... ... ...

1 0 0
176.

On Counsel with docket of Refresher ... ...

0 5 0
177.

On Counsel with docket of Retainer, as between solicitor and client only ... ... ... ...

0 5 0
178.

On consultation or conference with Counsel ...

1 0 0
179.

To enter or set down action special case, or appeal for hearing or trial ... ... ... ... ...

0 10 0
180.

In Court on motion of course, and for order ...

0 10 0
181.

For side bar order ... ... ... ... ...

0 10 0
182.

In Admiralty matters filing up notice or praecipe and leaving with him any instrument required to be served by him ... ... ... ...

0 10 0
183.

In Court on every motion each day if not heard ...

0 10 0
184.

On same, when heard, each day ... ... ...

0 15 0
185.

Or, such further reasonable sum as the Taxing Master may on special grounds allow, having regard to the nature and importance of the case, not to exceed ... ... ... ... ...

1 11 6
186.

If several summonses or notices in the same cause or matter are in the list for the same day, and all or some of them are not heard, a solicitor shall not be entitled for all such as are not heard, to more than one sum of ... ...

0 10 0
187.

On special case, special petition or application adjourned from the Master when in the list for the day is not heard ... ... ...

0 10 0
188.

On same, when heard ... ... ... ... ...

1 0 0
189.

Or, such further reasonable sum as the Taxing Master may on the special grounds allow, having regard to the nature and importance of the case, not to exceed ... ... ... ...

1 11 6
190.

To strike and reduce Special Jury under the old system, including all other business in relation thereto ... ... ... ... ... ...

1 0 0
191.

On necessary witness before trial of an action, and taking down his evidence to be used thereon

0 10 0
192.

On hearing or trial of any cause, or matter, or issue of fact, inquiry or inquisition in Dublin, before a Judge, with or without a Jury or master, or commissioner, or on assessment of damages, or admiralty reference when in list for hearing if not heard ... ... ... ...

0 15 0
193.

When heard or tried, for each day of hearing or trial ... ... ... ...

1 0 0
194.

Or such further reasonable sum as the Taxing Master may on special grounds allow, having regard to the nature and importance of the case, not to exceed ... ... ... ...

3 3 0
195.

On hearing or trial of any cause, or matter, or issue of fact, inquiry or inquisition not in Dublin, before a Judge with or without a jury, or before a commissioner, or on assessment of damages, for the first or only day of hearing or trail ... ...

4 14 6
196.

Each succeeding day of hearing or trial ...

3 3 0
197.

And, in addition, there shall be allowed reasonable actual travelling expenses

198.

As between solicitor and client where the hearing or trial is not in Dublin, if the solicitor does not reside or carry on business in the County or town where the case is heard or tried, for each day, except Sundays, he is necessarily absent

3 3 0

Provided that when the solicitor has more than one case for hearing or trial for the same Client, he shall not be entitled in respect of all such cases for each day except Sunday for which he is necessarily absent to more than ...

6 6 0
199.

If the solicitor has to attend on more than one hearing or trial at the same time and place, the expense shall in such case be reasonably divided.

200.

To hear judgment when trial or hearing adjourned for the purpose ... ... ... ... ...

0 10 0
201.

Or, according to circumstances ... ... ...

1 0 0
202.

To enter, satisfy, or vacate a judgement ... ...

0 10 0
203.

On taxation of a bill of costs for solicitor lodging same, if not exceeding 100 items ... ...

0 10 0
204.

If exceeding 100 items, at the rate per 100 items, of

0 10 0
205.

On taxation of a bill of costs for solicitor opposing same, if not exceeding 100 items ... ...

0 15 9
206.

If exceeding 100 items, at the rate, per 100 items, of ... ... ... ...

0 10 0
207.

Or, for either solicitor, according to circumstances, not exceeding (unless the Taxing Master shall, on special grounds decide such amount to be inadequate, in which case he may allow a further reasonable fee) ... ... ... ...

3 3 0
208.

To lodge costs for taxation and have allocated ...

0 10 0
209.

Attending on a view jury in Dublin, if directed by the Judge ... ...

1 0 0
210.

Like, in the country, if directed by the Judge, according to distance, not exceeding (exclusive of travelling expenses) per diem ... ...

3 3 0
211.

Inquiring as to solvency of sureties proposed ...

0 10 0
212.

Putting in or opposing sureties, or in Admiralty giving or taking bail ... ... ... ...

0 10 0
213.

If such bail in Admiralty is given in the country

0 15 9
214.

On obtaining or giving an undertaking to appear

0 10 0
215.

To present a special petition and for fiat thereon

0 10 0
216.

To insert advertisement in Gazette ... ... ...

0 10 0
217.

On printer, to insert advertisement in other papers, or each paper

0 5 0
218.

Not to exceed in all ... ... ... ... ...

1 10 0
219.

On Registrar, to settle judgment or order on petition or special notice, when required by the Registrar and certified by him ... ...

0 10 0
220.

Or on special grounds to be certified by the Registrar, not exceeding ... ... ... ...

1 11 6
221.

On Registrar, to certify that a cause set down is settled, or for any reason not to come into the list for hearing ... ... ... ...

0 10 0
222.

On Counsel to procure certificate that a cause is proper to be heard as a short cause and on Registrar to mark same ... ...

0 10 0
223.

For an order drawn up in Master's office and to get same entered ... ... ... ... ...

0 10 0
224.

Attendance to bespeak and for Order of Court Judge or Master ... ... ... ... ...

225.

To bespeak or to file affidavits (where no sittings fee allowed) ... ... ... ... ...

0 5 0
226.

Registering a judgement, order bond, lis pendens, recognizance or circuit Court lis pendens judgment or decree ... ... ... ...

1 10 0
227.

For each additional name ... ... ... ...

0 5 0
228.

Search for judgment on reviving or satisfying to include instructions ... ... ... ...

0 10 0
229.

To enrol any deed, and for all duties relating thereto, including the returning of the deed and the counting of deed and memorial and drawing and signing certificate and affidavit, not to exceed ... ... ... ... ... ...

1 10 0
230.

To see assignment of judgment and memorial executed ... ... ...

0 10 0
231.

To enrol memorial of assignment of judgment ...

0 10 0
232.

To file any recognizances, and for all duties relating thereto ...

0 10 0
233.

To vacate a recognizance and satisfaction in the registry of judgements over and above outlay against one person ... ...

2 4 0

For each additional Registry over and above outlay

1 4 0
234.

Of the solicitor who has obtained the order for a receiver to see the recognizances acknowledged

0 10 0
235.

If at remote distance or on different days, for each party acknowledging ... ... ... ...

0 10 0
236.

Collating any copy of a script exhibit or other instrument in Probate and Matrimonial actions, causes and matters with the original where necessary ... ... ... ... ... ...

0 10 0
237.

Not to exceed in all, unless the Court shall otherwise order ... ...

3 0 0
238.

To prepare and leave at the Central Office copy of order for winding up a company pursuant to order LXXIV., Rule 7 (1905) and attending for same, and to get same entered ... ... ...

1 0 0
239.

And for engrossing every such order, per folio ...

0 0 6
240.

On sales and lettings in town or for each lot sold or let separately ... ... ... ... ...

0 10 0
241.

On same, where adjournment without any lot having been sold or let ... ... ... ...

0 10 0
242.

On sale or letting in the country, where the solicitor is specially directed by the Judge to attend, such sum as the Judge shall think proper.

243.

For each attendance, not otherwise hereinbefore provided for , not being in any Court or in an office or upon an officer of the Court, if necessary and proper from the circumstances of the case, and having regard to the nature of the taxation, whether as between party and party and solicitor and client as the case may be—

( a )

If not exceeding an hour ... ... ... ...

0 10 0
( b )

If exceeding an hour, for each hour ... ... ... ...

0 10 0
( c )

Not to exceed in one day ... ... ... ...

1 10 0
( d )

If elsewhere than at the solicitor's house or office and the client fails to keep appointment ...

0 10 5
( e )

If at the solicitor's house or office, and the client fails to keep appointment ... ... ...

0 5 0
( f )

If such attendance is elsewhere in Ireland than at his office or residence, and the solicitor is necessarily occupied for one or more entire day or days or for a period equal to one entire day, solely on his client's business, for each such day, exclusive of actual travelling expenses ...

5 5 0

A proportionate smaller sum to be allowed for a portion exceeding three hours of any such day.

( g )

If such attendance is out of Ireland, for each day on which the solicitor is necessarily absent from Ireland, solely on his client's business, exclusive of actual travelling expenses ...

8 0 0

Items ( f ) and ( g ) shall not apply to party and party costs.

ACCOUNTANT'S OFFICE. £ s. d.
244.

Fee on transfer of stock, and quotation where necessary, including all attendances—

Where the nominal value of the stock amounts to less than £200

0 15 0

Where it amounts to £200, and is less than £100 ...

1 0 0

Where it amounts to £1,000 or more ... ...

1 10 0
245.

Each subsequent transfer, including quotation under the same judgment or order

0 10 0
246.

Fee on lodging money or transferring or drawing cash or stock, where no quotation is required

0 15 0
247.

Provided that the entire sum allowed for transfers and payments respectively under the same judgement or order shall not (unless the Taxing Master shall in his discretion think fit under special circumstances to allow a larger sum) exceed

5 5 0
248.

Fee on investment or to carry over to another account ... ... ... ...

0 10 0
249.

Attending to bespeak drafts for creditors under any judgment or order and producing any necessary papers ... ... ... ... ...

0 10 0
250.

If exceeding two for every additional draft ...

0 5 0
251.

Provided that such last-mentioned fees shall not in any case (unless the Taxing Master shall in his discretion think fit, under special circumstances, to allow a larger amount) exceed

3 3 0
252.

Fee for transfer deed of any stock or share of any public company, and obtaining the execution thereof by the necessary parties, and attending the Accountant and the company, and completing transfer ... ... ... ... ...

1 0 0
253.

For each subsequent transfer between the same parties ... ... ...

0 10 0
254.

Provided that such fees shall not in any case (unless the Taxing Master in his discretion in special cases shall think fit to allow a larger sum) exceed ... ... ... ... ...

15 15 0
255.

Attending the Accountant and the bank to deposit effects in locked boxes under Order LXII.

Rule 24 (1905) exclusive of outlay ... ...

0 15 9
256.

For any necessary and proper attendance on Accountant for any purpose not hereinbefore mentioned ... ... ... ... ... ...

0 10 0
257.

Or such further reasonable sum as the Taxing Master may on special grounds allow, having regard to the nature and importance of the case, not to exceed ... ... ... ...

3 3 0

LETTERS.

(A telegram to be considered as a letter)

£ s. d.
258.

Letter for payment or to settle and copy, not to be allowed unless sent a reasonable time before action brought ... ... ...

0 5 0
259.

For each letter necessary and proper, having regard to the nature of the taxation whether as between party and party, or solicitor and client, as the case may be ... ... ... ...

0 5 0
260.

If several of the same import for each one after the first if in the opinion of the Taxing Master the same should be allowed ...

0 3 0

Provided that if many such letters are necessary, it shall be in the discretion of the Taxing

Master to allow for them only at the same rate, as if they had been printed.

261.

Perusing each letter from or on behalf of the Client containing instructions necessary and proper, having regard to the nature of the taxation, whether as between party and party, or solicitor and client as the case may be ... ... ...

0 5 0
OATHS, EXHIBITS, ETC.
262.

Commissioners to take Oaths or affidavits. For every oath, declaration, affirmation, or attestation upon honour where not otherwise provided for ... ... ... ... ... ...

0 2 0
263.

The Commissioner for marking each exhibit ...

0 1 0
264.

Not to exceed in all ... ... ... ... ...

0 10 0
265.

For every recognizance for each cognizor ...

0 6 8
266.

Not exceeding in all ... ... ... ...

1 0 0
267.

Commissioner on taking bail whether under a special or standing commission ... ...

1 1 0
268.

Appraisers, each per day ... ... ... ...

1 1 0
269.

Assessors, each per day ... ... ... ...

3 3 0
SITTINGS FEES.
270.

For every sittings commencing on the day the sittings of the High Court commence, and terminating on the day preceding the next such sittings, in which, save minor and Land Judge's matters, a proceeding in the cause or matter, by or affecting the party, other than the issuing and serving the summons, shall he taken up to final judgment or first order in the nature of final judgment, to include letters, save any which may be specially allowed ... ...

0 15 0

No sittings fee shall be allowed in respect of any sittings where the Taxing Master shall deem that the Solicitor is not entitled to it by reason of his default or delay.

271.

Where no proceeding in the cause or matter is taken which carries a sittings fee, a charge for letters may be allowed if the circumstances require it.

272.

In addition to the above, an allowance is to be made for the necessary expenses of postages, telegrams, carriage and transmission of documents.