S.I. No. 920/1927 - 14/04/1927: Order By The Minister For Justice Of The 14Th April, 1927.

HIGH COURT AND SUPREME COURT RULES (ALTERATIONS)

ORDER BY THE MINISTER FOR JUSTICE OF THE 14th APRIL, 1927.

RESOLUTION PASSED BY DÁIL EIREANN ON FRIDAY, 22 APRIL, 1927.

" That the Dáil hereby approves of the alterations in the Rules of Court (Orders VII and XV) made by the Minister for Justice on the 14th day of April, 1927 under section 36 of the Courts of Justice Act, 1924 ."

RESOLUTION PASSED BY SEANAD EIREANN ON WEDNESDAY, 27 APRIL, 1927.

" That the Seanad hereby approves of the alterations in the Rules of Court (Orders VII and XV) made by the Minister for Justice on the 14th day of April, 1927 under section 36 of the Courts of Justice Act, 1924 ."

RULES OF HIGH COURT AND SUPREME COURT.

ALTERATIONS.

ORDER BY THE MINISTER FOR JUSTICE OF THE 14th APRIL, 1927

I, Caoimhghin O hUigin, 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 concorrence duly obtained of a majority of the Committee constituted pursuant to the provisions of the said section, do hereby alter the High Court Rules made by me on the 13th July, 1926, as follows, viz.:—

Rule 4 of Order VII. of the said Rules shall be annulled, and there shall be inserted in lieu thereof the following new rule—

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, but no judgment by default shall be entered for any debt or liquidated demand under this Rule until an affidavit shall have been filed specifying the sum then actually due.

Rules 1 and 2 of Order XV. of the said Rules shall be annulled, and there shall be inserted in lieu thereof the following new Rules—

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 notice.

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 and to the other relief claimed (if any) shall be served together with the notice.

Dated this 14th day of April, 1927.

C. Ó h-UIGÍN,

Aire Dli agus Cirt.