S.I. No. 37/1971 - The Rules of the Superior Courts (No. 1), 1970.

S.I. No. 37 of 1971.

THE RULES OF THE SUPERIOR COURTS (No. 1), 1970.

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 (Supplementary Provisions) Act, 1961, section 48) and the Courts (Supplementary 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 4th day of December, 1970.

Cearbhall Ó Dálaigh

Aindreas Ó Caoimh

Brian Walsh

John Kenny

John O'Leary

Weldon Parke

Frank Martin

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

Dated this 5th day of February, 1971.

DESMOND O'MALLEY,

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 1), 1970.

1. In Order 22, rule 4 shall be deleted, and the following rule substituted therefor:

"4. (1) Where money is paid into Court under rule 1 the plaintiff may, within fourteen days of the receipt of the notice of payment into Court, or within such further period as may be agreed upon by the parties, accept the whole sum or any one or more of the specified sums in satisfaction of the claim or in satisfaction of the cause or causes of action to which the specified sum or sums relate, by giving notice to the defendant in the Form No. 5 in Appendix C; and thereupon lie shall be entitled to receive payment of the accepted sum or sums in satisfaction as aforesaid.

(2) Payment shall be made to the plaintiff or on his written authority to his Solicitor, and thereupon proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed.

(3) If the plaintiff accepts money paid into Court in satisfaction of his claim, or if he accepts a sum or sums paid in respect of one or more of the specified causes of action, and gives notice that he abandons the other cause or causes of action, he may after four days from payment out, unless the Court otherwise orders, tax his costs incurred to the date of giving notice to the defendant in accordance with the provisions of sub-rule (1) hereof, and forty-eight hours after taxation may sign judgement for his taxed costs.

(4) This rule does not apply to admiralty actions."

2. In Order 41, rule 8 shall be deleted, and the following rule substituted therefor:

"8. Every judgement or order made in any cause or matter requiring any person to do an act thereby ordered, shall state the time, or the time after service of the judgement or order, within which the act is to be done; and upon the copy of the judgement or order which shall be served upon the person required to obey the same, other than an order directing a mortgagor to deliver possession to a mortgagee, or an order under section 62 subsection (7) of the Registration of Title Act, 1964 , there shall be endorsed a memorandum in the words or to the effect following, viz.:—

"If you the within named A.B. neglect to obey this judgment or order by the time therein limited, you will be liable to process of execution including imprisonment for the purpose of compelling you to obey the same judgment or order."

3. In Order 58 the following additional rule shall be inserted:

"25 (1) The provisions of sub-rules (1) and (2) of rule 23 of this Order shall apply to appeals to the Supreme Court on questions of law under the Electoral Act, 1963 .

(2) Subject to the provisions of this rule, this Order shall, so far as practicable, apply to appeals under the said Act.

(3) The Registrar of the Supreme Court shall give notice to the appropriate registration authority of the order made by the Supreme Court finally determining any appeal in the Form No. 7 in Appendix V."

4. In Appendix V the following Form shall be added:

NOTICE OF RESULT OF APPEAL.

SUPREME COURT.

ELECTORAL ACT, 1963 .

TAKE NOTICE that the Supreme Court has this day given Judgment to the effect following, viz.:

5. 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. 1), 1970.

EXPLANATORY NOTE.

(1) Rule 1 of these Rules deletes rule 4, Order 22, of the Rules of the Superior Courts, 1962 ( S.I. No. 72 of 1962 ), as amended by the Rules of the Superior Courts (No. 1), 1964 ( S.I. No. 38 of 1964 ), and replaces it by a new rule 4 which permits a plaintiff to accept a sum paid into Court within fourteen days (as at present) or within such further period as may be agreed upon by the parties. The new rule also allows the plaintiff to tax his costs incurred to the date of giving notice to the defendant of acceptance of the sum. (2) Rule 2 deletes rule 8, Order 41, of the 1962 Rules and replaces it by a new rule 8 which exempts orders for delivery of possession from the penal endorsement. (3) Rule 3 lays down the procedure relating to appeals to the Supreme Court from decisions of the Circuit Court under the Electoral Act, 1963 .