S.I. No. 169/1966 - Rules of the Superior Courts (No. 2), 1966

S.I. No. 169 of 1966.

RULES OF THE SUPERIOR COURTS (No. 2), 1966

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 8th day of July, 1966.

Cearbhall Ó Dalaigh

Brian Walsh

Geo. D. Murnaghan

John Kenny

John O'Leary

P. J. Nugent

Samuel V. Kirwan

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

Dated this 19th day of July, 1966.

BRIAN Ó LUINEACHÁIN,

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 2), 1966

1. Order 3 shall be amended as follows :

In (10) (d) " the Guardianship of Infants Act, 1964 " shall be substituted for " The Guardianship of Infants Act, 1886 ".

2. In Order 12, rule 4—

(1) the sum of 2/6d shall be deleted from paragraph (b) and the following substituted therefor " the prescribed fee payable on entering an appearance."

(2) the first two lines of the last paragraph shall be deleted and the following substituted therefor " On receipt of the foregoing, the proper officer shall forthwith enter the appearance."

3. Order 36, rule 24, shall be amended as follows :

The words " letter or " shall be inserted immediately before the word " notice ".

4. In Order 41, rule 6, the last sentence thereof shall be deleted and the following substituted therefor :

" Every judgment or order pronounced or made by the High Court or by the Supreme Court when so filed shall be deemed to be duly entered, and the entry thereof shall be dated as of the day on which such judgment or order was pronounced or made, unless the Court shall otherwise direct."

5. In order 62, rule 5, the words "or within three days after" shall be deleted.

6. Order 66 shall be amended as follows :

(1) In the heading to part III and in rule 4. " the Guardianship of Infants Act, 1964 " shall be substituted for " the Guardianship of Infants Act, 1886."

(2) Rules 6, 7, 8, 9 and 10 shall be deleted and the following rules substituted therefor :

" 6. Where an application is made under section 7 (4) of the Act. the summons shall be served upon the surviving parent.

7. (1) An application under section 8 (1) or (2) of the Act may be made by any next friend of the infant.

(2) An application under section 8 (2) of the Act may be made by the surviving parent or by any next friend of the infant, and, if made by such next friend, the summons shall be served upon the surviving parent.

(3) An application to remove a guardian from office under section 8 (4) of the Act, or to appoint some other person in his place under section 8 (5) of the Act, may be made by the other guardian (if any) or by any next friend of the infant, and the summons, or notice of motion where appropriate, shall be served upon the guardian whose removal is sought.

(4) An application to appoint a new guardian in place of a deceased guardian under section 8 (5) of the Act may be made by the surviving guardian (if any) or by any next friend of the infant, and if made by such next friend, the summons, or notice of motion where appropriate, shall be served upon the surviving guardian (if any).

8. Where an application is made by a parent or guardian under section 11 of the Act the summons, or notice of motion where appropriate, shall be served upon the other parent or guardian (if any).

9. An application to vary or discharge an Order under section 12 of the Act may be made by a guardian or any next friend of the infant, and the notice of motion shall be served upon any other guardian, or all the guardians (as the case may be).

10. In any proceeding under the Act the Court may direct such persons, other than those in this Order respectively mentioned, to be served with the summons, or notice of motion, as it may think fit."

7. In Order 76

(1) The following words (inserted by the Rules of the Superior Courts (No. 1), 1964) shall be deleted from rule 40 : " and the fact that it has not been secured or compounded ".

(2) The following words shall be inserted at the end of rule 40 : " and provided also that, where the act of bankruptcy is non-compliance with a debtor's summons, the affidavit shall state that the debt has not been secured or compounded."

8. Order 86, rule 38, shall be deleted.

9. In Order 88, rule 38, " the Insurance Acts, 1909 to 1964 " shall be substituted for " the Insurance Acts, 1909 and 1936."

10. Order 99, rule 57, shall be deleted, and accordingly the references to that rule contained in Order 99, rule 25 and rule 30 (15), shall be deleted.

11. In Appendix O, Form 23, the words " who obtained protection on the day of " shall be inserted immediately after the words " A statement of the affairs of the said petitioner " .

12. In Appendix W, Part VIII (inserted by the Rules of the Superior Courts (No. 1), 1964), the following item shall be added :

"3. On attesting the execution of a bond..........5/-."

13. 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), 1966.

EXPLANATORY NOTE

These Rules make necessary amendments in the Rules of the Superior Courts, 1962 ( S.I. No. 72 of 1962 ) and the Rules of the Superior Courts (No. 1), 1964 ( S.I. No. 38 of 1964 ).