S.I. No. 431/1948 - District Court Rules (No. 3), 1948.

S.I. No. 431 of 1948.

DISTRICT COURT RULES (No. 3), 1948.

The District Court Rules Committee, with the concurrence of the Minister for Justice, and in exercise of the powers conferred on them by the Courts of Justice Acts, 1924 to 1947, and of every and any other power them in this behalf enabling, make the following Rules :—

1. Rule 46 (2) of the District Court Rules, 1948, is hereby amended by the addition at the end thereof of the following words: " a certified copy of such order signed by the Justice shall be conclusive evidence of the making of such order and of the terms thereof and shall be issued by the said Clerk to any person requiring the same ", and the said Rule shall be construed and have effect accordingly.

2. Rule 51 (2) of the District Court Rules, 1948, is hereby amended by the insertion immediately after the words and figure " or No. 2 " of the words and figure " or No. 4 " and the said Rule shall be construed and have effect accordingly.

3. Rule 64 (4) of the District Court Rules, 1948, is hereby amended by the addition at the end thereof of the following words : " When a defendant is remanded in custody the Justice may by warrant (Form 10) order the defendant to be brought before him at any time before the expiration of the period for which he has been so remanded for the further hearing of the charge " and the said Rule shall be construed and have effect accordingly.

4. Rule 159 of the District Court Rules, 1948, is hereby revoked.

5. (1) A book shall be kept by every person appointed for the service of Civil Processes in which shall be entered the names and addresses of the Plaintiff and Defendant, the cause of action, the date on which the Civil Process shall have been received for service, the day on which, the place where and the name and description of the person on whom or with whom such Civil Process shall have been served or left; and in case any such Civil Process shall not have been duly served or left, the cause of such service not having been effected shall be stated. Every such person, upon receiving an order in writing from a Justice, shall attend before such Justice at the place and date named in such order and produce such book. In case of the death, termination of appointment (whether either such event occurs before or subsequent to the making of these rules), illness or absence from the State of any suchperson the book kept by him as aforesaid or an endorsement in his handwriting on the original of any such Civil Process purporting to set forth particulars of the service of the same, verified on oath as to his handwriting by some credible person, shall, in the absence of a Statutory Declaration of Service, be prima facie evidence of the truth of the several matters entered or set forth therein as aforesaid.

(2) In its application to the Dublin Metropolitan District paragraph (1) hereof shall be read so as to include, not only Civil Processes, but also Orders and Summonses under Part II of the Enforcement of Court Orders Act, 1926 , as amended by Part I of the Enforcement of Court Orders Act, 1940 .

6. Rule 194 of the District Court Rules, 1948, is hereby amended by the deletion of the word " shall " where that word occurs firstly therein and the substitution in lieu thereof of the word " may " and by the addition at the end thereof of the following words: " In every case where a penalty has been imposed on the appellant, the Justice may, upon the expiration of the time allowed by the order for payment of the penalty, issue the warrant of committal in default of payment, unless the appellant shall have entered into such recognizance within the said period of seven days ", and the said Rule shall be construed and have effect accordingly.

7. The provisions appearing under the heading " Counsel's Fees " in the Schedule of Costs annexed to the District Court Rules, 1948, are hereby revoked, and there shall be substituted in lieu thereof the following provisions which shall be read as one with the said Schedule of Costs, that is to say :—

A. In any defended case of contract, or breach of contract, or tort :—

To Plaintiff's Counsel when the amount recovered, or to Defendant's Counsel when the amount claimed, does not exceed £5, and the Justice is satisfied that the questions of importance involved render it reasonable that Counsel should be employed, a fee of £1 1s. 0d.

To Plaintiff's Counsel when the amount recovered, or to Defendant's Counsel when the amount claimed, exceeds £5, but does not exceed £25, a fee of £1 1s. 0d. or £2 2s. 0d. as the Justice may think fit.

B. In any defended ejectment for overholding or non-payment of rent :—

To Plaintiff's or Defendant's Counsel a fee of £1 1s. 0d.

To Plaintiff's or Defendant's Counsel when, in the opinion of the Justice, questions of importance are involved, a fee of £2 2s. 0d. or £3 3s. 0d. as the Justice may think fit.

The above scale of fees shall not be applicable to an ejectment proceeding brought under any summary jurisdiction, in which case Counsel's fee, if allowed, shall be £1 1s. 0d.

8. These Rules shall come into operation on the 1st day of January, 1949, and shall be read together with the District Court Rules, 1948, and the District Court Rules (No. 2), 1948.

9. These Rules may be cited as the District Court Rules (No. 3), 1948.

GIVEN this 30th day of November, 1948.

(Signed) FREDERICK J. MANGAN (Chairman).

LIAM PRICE.

WILLIAM G. FALLON.

PATRICK F. O'REILLY.

PATRICK J. KERRIGAN.

I concur in the making of the foregoing Rules. Dated this 22nd day of December, 1948.

(Signed) SEÁN MAC EOIN,

Minister for Justice.