S.I. No. 205/1978 - Circuit Court Rules (No. 4), 1978.


S.I. No. 205 of 1978.

CIRCUIT COURT RULES (No. 4), 1978.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of Section 69 of the Courts of Justice Act, 1936 and Section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred upon us by Section 66 of the Courts of Justice Act, 1924 , and Section 70 of the Court of Justice Act, 1936 (as applied by Section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and Section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated this 26th day of June, 1978.

THOMAS J. NEYLON

P. NOEL RYAN

T. F. ROE

MICHAEL MORIARTY

ERNEST J. MARGETSON

GORDON HOLMES

MICHAEL T. NEARY, Secretary

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

Dated this 18th day of July, 1978.

GERARD COLLINS

Minister for Justice.

CIRCUIT COURT RULES (No. 4), 1978.

These Rules, which may be cited as the Circuit Court Rules (No. 4), 1978, shall come into operation on the 1 day of August, 1978. The Order, referred to in these Rules as being added to, is that contained in the Circuit Court Rules, 1950.

ORDER 12

There shall be added to this Order the following Rule:—

19. In all actions where a lodgement of money is made pursuant to the provisions of the Rules of this Order the party making such lodgement may by notice to the County Registrar in accordance with the Form attached hereto request that the money be placed either on a deposit or on a current account. The party making such lodgement on a deposit account shall be entitled to payment of the interest accruing thereon. Such interest shall not form part of such lodgement.

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

............................. Circuit

County of ..........................................

Take Notice that the 1

into Court the sum of £2

who has this day paid

hereby applies to have the

said sum placed on a 3current/deposit account.

1 State which party.

2 Specify amount of lodgement.

3 Delete as required.

Dated this

day of

19 .

Signed ............................................................ ...................................

Address ............................................................ ................................

To:

The County Registrar for the County of ............................................................ .............

EXPLANATORY NOTE.

These Rules provide that moneys lodged in Court under the provision of Order 12 of the Circuit Court Rules, 1950, may be placed on interest-earning deposit for the benefit of the party making the lodgement, provided that the party making the lodgement so requests.