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S.I. No. 150/1945 - District Court Rules (No. 1), 1945.

STATUTORY RULES AND ORDERS. 1945. No. 150.

DISTRICT COURT RULES (No. 1), 1945.

The District Court Rules Committee with the concurrence of the Minister for Justice and in exercise of the powers conferred by the Courts of Justice Act, 1924 to 1936, and of every and any other powers them in this behalf enabling make the following Rules :—

1. In any case in which a Justice is satisfied that none of the modes of service of a civil process prescribed by rule 74 of the District Court Rules, 1926, is reasonably practicable, such Justice may direct that service be effected by sending a copy of the Civil Process to the Defendant or other person to be served by registered prepaid post or if such Justice so directs by ordinary prepaid post, addressed to such person at his last known residence or place of business, and shall thereupon endorse on the ordinary civil process and on the copy issued for service particulars of such direction. Such copy civil process may be posted by the Plaintiff or other person instituting the proceedings as the case may be, or by his solicitor, or any other person acting on his behalf. The time, date and place of posting shall be endorsed upon the original and the certificate of registration or as the case may be of posting of the postal packet containing the copy shall be annexed or appended to the original before the same is delivered to the Clerk for entry.

2. Unless the contrary be proved service of such civil process shall be deemed good upon proof that the postal packet containing the copy of the same was properly addressed, and posted, and such civil process shall be deemed to have been served at the time when such postal packet would in the ordinary course of post have been delivered.

3. Such civil process shall be deemed to be issued when the copy of same is posted.

4. These Rules shall be by way of addition and not of exception to the District Court Rules, 1926 and may be cited as the District Court Rules (No. 1), 1945.

Given this 19th day of June, 1945.

(Sgd.) M. J. HANNAN (Chairman).

 " MICHEÁL Ó. LEANNÁIN.

 " SEÁN MAC GIOLLARNÁTH.

 " WILLIAM G. FALLON.

 " PATRICK F. O'REILLY.

 " T. V. CLEARY (Secretary).

I concur in the making of the foregoing Rules.

(Sgd.) GERALD BOLAND,

Minister for Justice.

Dated this 22nd day of June, 1945.