12/03/1923: Court Documents - Order Substituting "Saorstat Eireann" For "Southern Ireland"

ORDER MADE BY HIS EXCELLENCY THE GOVERNOR-GENERAL ON THE ADVICE OF THE EXECUTIVE COUNCIL.

WHEREAS by section 61 of the Supreme Court of Judicature Act (Ireland), 1877, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922), the Governor-General of the Irish Free State, on the advice of the Executive Council of the Irish Free State and with the concurrence of a majority of the Judges of the Supreme Court of Judicature and certain other persons mentioned in section 12 of the Supreme Court of Judicature (Ireland) (No. 2) Act, 1897, present at a meeting held for that purpose (of which majority the Lord Chief Justice of Ireland shall be one) may by Order make Rules of Court and may in like manner alter and annul any Rules of Court for the time being in force.

AND WHEREAS it is expedient that the Rule of Court hereinafter mentioned should be made.

AND WHEREAS on the 22nd day of February, 1923, a majority of the Judges of the Supreme Court of Judicature and the other persons aforesaid present at a meeting held for that purpose (of which majority the Lord Chief Justice of Ireland was one) have passed the Resolution set out in the Schedule hereto.

AND WHEREAS it is expedient that the Rule hereinafter mentioned should on account of urgency come into operation forthwith as a provisional Rule :

NOW I, T. M. HEALY, Governor-General of the Irish Free State, by and with the advice and consent of the Executive Council of the Irish Free State and in pursuance and by virtue of the Supreme Court of Judicature Act (Ireland), 1877, and the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of all other powers me thereunto enabling and with the concurrence of a majority of the Judges of the Supreme Court of Judicature and the said other persons mentioned in section 12 of the Supreme Court of Judicature (Ireland) (No. 2) Act, 1897, present at a meeting held for that purpose (of which majority the Lord Chief Justice of Ireland was one) do hereby order and declare that the Rule of Court set forth in the Schedule hereto shall from the date of this Order take effect and be in force as a provisional statutory rule of court and shall continue in force until a statutory rule to the like effect has been made in accordance with the provisions of the Rules Publication Act, 1893.

GIVEN at Dublin this 12th day of March, 1923.

(Signed) T. M. HEALY,

Governor-General.

SCHEDULE.

Referred to in the foregoing Order.

We, being the majority of the Judges of the Supreme Court of Judicature and the other persons, pursuant to the 12th Section of the Supreme Court of Judicature (Ireland) (No. 2) Act, 1897, upon whose recommendation Rules of Court under the 61st Section of the Supreme Court of Judicature Act (Ireland), 1877, may be made, altered or annulled, present at a meeting for that purpose held (of which majority the Lord Chief Justice of Ireland is one), do, pursuant to the 61st Section of the Supreme Court of Judicature Act (Ireland), 1877, and of all other powers Us thereunto enabling, hereby express our concurrence in an Order being made by the Governor-General of the Irish Free State upon the advice of the Executive Council making as provisional Rules the Rules of Court as hereinafter expressed and set forth, and do certify that on account of urgency the said Rules should come into operation forthwith.

Dated this 22nd day of February, 1923.

THOMAS F. MOLONEY, L.C.J.

CHAS. A. O'CONNOR, M.R.

JAMES O'CONNOR, L.J.

W. H. DODD

JONATHAN PIM.

J. B. POWELL.

ARTHUR W. SAMUELS.

W. E. WYLIE.

J. E. MACDERMOTT.

H. D. CONN.

HERBERT WILSON.

ORDER 11.

For the purposes of giving effect to Article 75 of the Constitution of the Irish Free State (Saorstát Éireann) Act, 1922, as from the 22nd day of February, 1923, the words " in Southern Ireland " wherever these words occur in any Form now or heretofore in use shall be deleted, and every Form shall henceforth be headed or entitled with the words " Saorstát Éireann ".