S.I. No. 219/1967 - Rules of the Superior Courts (No. 2), 1967.

S.I. No. 219 of 1967.

RULES OF THE SUPERIOR COURTS (No. 2), 1967.

WE, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48) and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 28th day of July, 1967.

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

Dated this 19th day of October, 1967.

BRIAN LENIHAN,

Minister for Justice.

Rules of the Superior Courts (No. 2), 1967.

1. In Order 4 rule 5 (2) the sums of £6. 10. 0. and 15/- shall be deleted and the sums of £9. 4. 0. and £1 substituted therefor respectively.

2. Order 38 rule 1 shall be deleted and the following rule substituted therefor:—

"Every special summons shall be returnable for such day as the Master shall fix, which, except in such cases where the parties consent to an earlier date, or where no service is required, shall be not less than seven days from the date of issue, and shall, where necessary, be served on the parties concerned at least four 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."

3. In Order 77, rule 84, there shall be inserted at the end of the first sentence the following words:

", and if so requested the Accountant shall indicate on such certificate the names of the persons who lodged such funds and the respective amounts lodged by them."

4. In Order 86 rule 5 there shall be inserted immediately at the end thereof the following words: "Every notice of appeal under section 29 (6) of the Road Traffic Act, 1961 , shall be served on the Registrar within seven days from the date of the order appealed against and shall be in the Form No. 27."

5. In Order 86, rule 29, sub-rules (2) and (3) shall be deleted and sub-rule (4) shall be re-numbered as sub-rule (2).

6. In Appendix U, the following Form shall be added:

NOTICE OF APPEAL UNDER SECTION 29 (6) OF THE ROAD TRAFFIC ACT, 1961 .

COURT OF CRIMINAL APPEAL.

The People at the suit of the Attorney General

v.

To the Registrar of the Court of Criminal Appeal

I ....................... having applied pursuant to the provisions of section 29 of the Road Traffic Act 1961 to the (Circuit or Central Criminal Court) for removal of disqualification and being aggrieved by the Order made on the hearing of such application, do hereby give you notice of appeal to the Court of Criminal Appeal against said Order on the grounds hereinafter set forth:

Particulars

1. Date of Order imposing consequential or ancillary disqualification.

2. Date of Order under Appeal.

3. Address of Appellant.

Grounds of Appeal

7. These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 2), 1967.

EXPLANATORY NOTE.

These Rules which amend the Rules of the Superior Courts, 1962 ( S.I. No. 72 of 1962 ), provide for (1) an increase in the amount of costs (six-day costs) in settled cases where the demand is for a liquidated sum only and exceeds £600 and (2) a number of minor procedural changes.