01/07/1938: High Court and Supreme Court Rules, 1938.

EIRE.

HIGH COURT AND SUPREME COURT RULES, 1938.

(1st July, 1938).

WE, the Superior Courts Rules Committee constituted pursuant to the provisions of Section 67 of the Courts of Justice Act, 1936 , by virtue of the powers conferred upon us by Section 36 of the Courts of Justice Act, 1924 , and Section 68 of the Courts of Justice Act, 1936 , and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 1st day of July, 1938.

I concur in the making of the annexed Rules of Court.

Dated this lst day of July, 1938.

ORDER I. Amendment of Order XII, Rule 5, of the Rules of the Supreme Court (Ireland), 1905.

Rule 5 of Order XII, of the Rules of the Supreme Court (Ireland), 1905, shall be annulled and there shall be inserted in lieu thereof the following new Rule:—

" 5. A defendant appearing in person shall state in such memorandum his residence, and, if the same be not within a radial distance of two statute miles from the Courts of Justice in Dublin, shall also state a proper place within such radial distance, to be called his address for service, where notices, pleadings, petitions, orders, summonses, warrants and other documents may be left for him. "

ORDER II. Amendment of Order LXII of the Rules of the Supreme Court (Ireland), 1905.

Rule 24 of Order LXII of the Rules of the Supreme Court (Ireland), 1905, shall be annulled and there shall be inserted in lieu thereof the following new Rule:—

" 24. All moneys to be lodged in Court shall be paid in at the Bank of Ireland and placed in the books of the Bank to the account of the ' Accountant of the Courts of Justice,' Dublin, Ireland; and the Bank shall cause a receipt to be given to the person making the payment.

All securities to be transferred into Court shall be transferred to the said account in the books of the Bank or of any company or other body corporate in whose books such securities are registered.

Any effects brought to the Bank to be deposited in Court to the said account shall be deposited in locked boxes or in such other secure manner as shall satisfy the Bank; and, before taking custody of a box, the officer acting on behalf of the Bank may, at his discretion, require an inspection of its contents in the presence of the person depositing it.

Cheques for lodgment of money in Court shall be made payable to the Bank of Ireland for the account of the Accountant of the Courts of Justice.

Where any securities or moneys are standing in the books of any government, hank, company, or body corporate whatsoever, to the account or in the name ofthe Accountant for the time being of the Courts of Justice in Saorstat Eireann, the Accountant of the Courts of Justice shall take all necessary steps to have the title of the said account or the said name altered to that of the Accountant of the Courts of Justice, Dublin, Ireland."

ORDER III. Rules, pursuant to Sub-Section 3 of Section 16 of the Moneylenders Act, 1933, relating to Bankruptcy.

The following Rules shall be inserted in Order LXXXVIII of the Rules of the Supreme Court (Ireland), 1905, immediately after the Rules bearing the corresponding numbers and shall be deemed to be incorporated therewith:—

" 39a. A petitioning creditor who is a moneylender shall, at the sitting to adjudicate, support his petition by an affidavit which shall incorporate a statement showing in detail the particulars required by Sub-section 2 of Section 16 of the Moneylenders Act, 1933. "

" 140a.A creditor who is a moneylender shall support his proof of debt by an affidavit which shall incorporate a statement showing in detail the particulars required by Sub-section 2 of Section 16 of the Moneylenders Act, 1933. "

ORDER IV.

Procedure under the Housing (Miscellaneous Provisions) Act, 1931 .

1. Every application to the High Court under Sub-section 3 of Section 17 of the Housing (Miscellaneous Provisions) Act, 1931 , shall be brought by Summary Summons.

2. The Summons may be in Form 3 in the Appendix of Forms and shall be entitled in the matter of the said Act and of the clearance order or compulsory purchase order in question and on the application of the person bringing the application and shall state the particular relief claimed and the particular grounds of the application.

3. The Summons shall, within 10 days after the issue thereof, be served upon the local authority which made the clearance order or compulsory purchase order in question.Prior to the hearing thereof, a copy of the Summons shall be served on the Minister for Local Government and Public Health.

4. The evidence upon the hearing shall be by affidavit except in so far as the Judge may direct oral evidence to be given.

5. This Order shall be deemed to be incorporated with the Rules of High Court and Supreme Court, 1926, and shall be read therewith.