24/07/1942: Trade Union Act Rules, 1942.
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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 as by 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 24th day of July, 1942. | ||||||||
SIGNED :— | ||||||||
Timothy Sullivan, Chief Justice. | ||||||||
James A. Murnaghan. | ||||||||
John O'Byrne. | ||||||||
Gerald Horan. | ||||||||
G. Acheson Overend, | ||||||||
President, Incorporated Law Society of Ireland. | ||||||||
Frederick W. Price | ||||||||
Theodore C. Tobias | ||||||||
I CONCUR in the making of the annexed Rules of Court. | ||||||||
Dated this 24th day of July, 1942. | ||||||||
(Signed) GERALD BOLAND, | ||||||||
Aire Dli agus Cirt. | ||||||||
1. These Rules may be referred to as the " Trade Union Act Rules, 1942," and shall be read with the existing Rules of High Court and Supreme Court and be deemed to be incorporated therewith but shall, so far as inconsistent therewith, amend or alter the said Rules accordingly. | ||||||||
2. In these Rules :— | ||||||||
" The Act " means the Trade Union Act, 1941 (No. 22 of 1941). | ||||||||
" The Accountant " means the Accountant of the Courts of Justice. | ||||||||
Words or phrases defined or used in the Act or in the Rules of the SupremeCourt (Ireland), 1905, or the Rules of High Court and Supreme Court, 1926, shall have respectively in these Rules the same meaning as therein. | ||||||||
3. The Accountant may accept all or any part of a deposit in authorised securities. | ||||||||
4. (1). Pending or in default of any request by a depositor as to the investment of such part of a deposit made under the Act as is made in money, the Accountant may place such money on deposit receipt in the Bank of Ireland. | ||||||||
(2). A request, signed by the Secretary or Treasurer of the depositor, shall, without any order of the Court, be a sufficient authority for the Accountant either, as the case may be, to invest such part of a deposit made under the Act as is made in money in the authorised securities specified in such request or to vary the authorised securities to which the request relates into the other authorised securities specified in such request. Such request shall be in the Form No. 1 or the Form No. 2 in the Appendix hereto with such modifications thereof as circumstances may require. | ||||||||
5. On the receipt of a request made in the Form hereinafter prescribed, the Accountant shall pay the income from time to time as received from the securities in which such deposit or any part thereof is for the time being invested to the bankers of the depositor for the account of the depositor or in such other manner as may be indicated in the request. A request, signed by the Secretary or Treasurer of the depositor, shall, without any order of the Court, be a sufficient authority for the Accountant to pay such income to such bankers or in such other manner, as the case may be, unless and until the Accountant receives a subsequent request for payment in a different manner. Any request under this Rule shall be in the Form No. 3 in the Appendix hereto with such modifications thereof as circumstances may require, provided that, where payment is required in any manner other than by payment to the bankers of the depositor, such request shall be accompanied by a statutory declaration in the Form No. 4 in the Appendix hereto with such modifications thereof as circumstances may require. | ||||||||
6. A request, signed by the Secretary and the Treasurer of a depositor, shall without any order of the Court, be sufficient authority for the Accountant to pay or transfer to the depositor in accordance with such request all or any part of the deposit or so much thereof as has not already been paid out in pursuance of an Order of the Court under Part II of the Act. Such request shall be in the Form No. 5 in the Appendix hereto with such modifications thereof as circumstances may require, provided that, where payment of money is requested otherwise than to the bankers of the depositor or where a transfer of securities is requested, such request shall be accompanied by a statutory declaration in the Form No. 6 in the Appendix hereto with such modifications thereof as circumstances may require. | ||||||||
7. In any case in which, under these Rules, a request is required to be accompanied by a statutory declaration the Accountant may, if he shall think fit, require such further evidence or verification of the matters stated in such declaration as he may think fit before complying with the request. | ||||||||
8. The Accountant shall, immediately after the return of a deposit or of part thereof, give notice to the Minister of such return and of the amount returned. | ||||||||
9. Whenever any money is paid out of a deposit pursuant to section 16 of theAct, the Accountant shall, as soon as may be, give notice to the trade union concerned of the deficiency (if any) mentioned in the said section and of the amount thereof. | ||||||||
FORM NO. 1. | ||||||||
(Request for investment of money lodged under the Trade Union Act, 1941 ). | ||||||||
NAME OF TRADE UNION | ||||||||
ADDRESS | ||||||||
The Accountant of the Courts of Justice is hereby requested to invest the sum of £ deposited under the above Act in the following security (or securities) | ||||||||
(Signature) | ||||||||
(Description) | ||||||||
FORM NO. 2. | ||||||||
(Request for variation of securities deposited under the Trade Union Act, 1941 ). | ||||||||
NAME OF TRADE UNION | ||||||||
ADDRESS | ||||||||
The Accountant of the Courts of Justice is hereby requested to sell the following security or securities comprised in this Trade Union's deposit namely | ||||||||
and to invest the proceeds of said sale in the following security or securities. | ||||||||
(Signature) | ||||||||
(Description) | ||||||||
FORM NO. 3. | ||||||||
(Request for payment to a bank or other payee of income on securities comprised in a deposit under the Trade Union Act, 1941 ). | ||||||||
NAME OF TRADE UNION | ||||||||
ADDRESS | ||||||||
The Accountant of the Courts of Justice is hereby requested and authorised to pay the income as received from the securities from time to time comprised in the deposit of the above Trade Union to | ||||||||
NAME OF BANK (or other Payee) | ||||||||
ADDRESS | ||||||||
whose receipt shall be a full and sufficient discharge. | ||||||||
(Signature) | ||||||||
(Description) | ||||||||
FORM NO. 4. | ||||||||
(Statutory declaration to be made when income to be paid otherwise than to bankers of depositor). | ||||||||
I, of do solemnly and sincerely declare that I am the duly appointed and acting Secretary (or Treasurer) of the Trade Union, by which a deposit has been made pursuant to the Trade Union Act, 1941 , and that I am authorised by the said Trade Union and am entitled to request payment of the income or dividends on such deposit to be made in the manner indicated in the request attached hereto, viz : (set out manner indicated). And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 . | ||||||||
(Signed) | ||||||||
Declared before me by | ||||||||
who is personally known to me (or who | ||||||||
is identified to me by | ||||||||
who is personally known to me) at | ||||||||
this day of | ||||||||
FORM NO. 5. | ||||||||
(Request for return of deposit made under the Trade Union Act, 1941 ). | ||||||||
NAME OF TRADE UNION | ||||||||
ADDRESS | ||||||||
The Accountant of the Courts of Justice is hereby requested to pay and or transfer to | ||||||||
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the following amounts of Cash and or Securities all (or part of) the deposit made on behalf of the above-named Trade Union namely :— | ||||||||
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(Signed)............................................................ .................... | ||||||||
Secretary. | ||||||||
(Signed)............................................................ .................... | ||||||||
Treasurer. | ||||||||
FORM NO. 6. | ||||||||
(Statutory declaration to be made when payment of money otherwise than to bankers or a transfer of securities is requested). | ||||||||
I, of do solemnly and sincerely declare that I am the duly appointed and acting Secretary of the Trade Union, by which a deposit has been made pursuant to the Trade Union Act, 1941 . | ||||||||
I, of do solemnly and sincerely declare that I am the duly appointed and acting Treasurer of the said Trade Union. And We, the said and the said do solemnly and sincerely declare that we are authorised by the said Trade Union and are entitled to request the return of (the said deposit or a specified portion thereof) and that payment or transfer thereof be made in the manner indicated in the request attached hereto, viz : (set out manner indicated) | ||||||||
And we make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declaration Act, 1938. | ||||||||
(Signed)............................................................ .................... | ||||||||
Secretary. | ||||||||
(Signed)............................................................ .................... | ||||||||
Treasurer. | ||||||||
Declared before me by | ||||||||
who is personally known to me (or who is | ||||||||
identified to me by | ||||||||
who is personally known to me) at | ||||||||
this day of |
