Criminal Injuries Rules 1923 (Amending)

COUNTY COURTS (IRELAND). RULES OF COURT. 06/09/1923:

CRIMINAL INJURIES RULES 1923 (AMENDING)

WHEREAS, by an Act of 40 and 41 Vic., c. 56, intituled " The County Officers and Courts (Ireland) Act, 1877," section 9, it is enacted that the Lord Chancellor, with the concurrence of the County Court Judges and Chairmen of Quarter Sessions in Ireland, or any five of them to be selected or nominated as in the said Act is provided, may make Rules and Orders for regulating the proceedings in and practice of the Civil Bill Courts in Ireland, and for prescribing the forms of proceedings, and for the several other purposes in the said Act mentioned, and otherwise for carrying the said Act into execution ; and may from time to time amend such Rules, Orders, and Forms, and that every such Rule, Order, and Form, certified under the hands of the Lord Chancellor and any five of such Judges and Chairmen, shall take effect from and after such day as shall be therein named.

AND WHEREAS under the joint operation of an Order in Council dated the 27th day of September, 1921 (Adaptation of Enactments Order) and Article 75 of the Constitution, all the power and authority given to the Lord Chancellor by the said section became and is now vested in the Lord Chief Justice :

AND WHEREAS at a meeting of the said County Court Judges duly convened for the purpose, the following five of them that is to say :—His Honor Judge Charles F. Doyle ; His Honor Judge William J. Johnston ; His Honor Judge William H. Brown ; His Honor Judge Patrick D. Fleming, and His Honor Judge John Cusack were selected to frame Rules, Orders, and Forms as aforesaid.

AND WHEREAS by the Local Government (Ireland) Act, 1898, Section 5, sub-section 7, it is enacted that Rules of Court may regulate the practice and procedure under that section including costs, and the service of all preliminary notices and the time within which proceedings are to be had or taken.

AND WHEREAS by the Damage to Property (Compensation) Act, 1923 , Section 19, it is enacted that the power to make Rules of Court for the purpose of Section 5 of the Local Government (Ireland) Act, 1898, shall extend to the making of Rules for the purposes of that Act.

Now, I, the Right Honourable Thomas Francis Molony, Lord Chief Justice of Ireland, with the concurrence of the said Judges as testified by their signatures hereto, in pursuance of the powers given by the said recited Acts, and of all other powers, us enabling do hereby make and certify the rules and forms hereinafter set forth as rules and forms to be used and to be enforced in proceedings in the County Courts under Section 5 of the Local Government (Ireland) Act, 1898, and the Damage to Property (Compensation) Act, 1923 , and do hereby further certify that on account of urgency the said rules and forms should come into immediate operation as provisional rules.

Dated this 6th day of September, 1923.

THOMAS F. MOLONY, L.C.J.,

CHARLES F. DOYLE.

W. J. JOHNSTON.

WILLIAM H. BROWN.

PATRICK D. FLEMING.

JOHN CUSACK.

COUNTY COURTS, IRELAND.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

DAMAGE TO PROPERTY (COMPENSATION) ACT, 1923 ,

AND

DAMAGE TO PROPERTY (AMENDMENT) ACT, 1923 .

RULES OF COURT.

1. The words and figures " 12th day of May, 1923," shall be substituted for the words and figures " 20th day of March, 1923," where the same occur in the " Criminal Injuries Rules 1923," dated the 25th July, 1923.

2. In the " Criminal Injuries Rules 1923 " the word " four " shall be substituted for the word " three " in Rule 22 ; the word " September " shall be substituted for the word " August " in Rule 19 ; and the word " within " shall be deleted before the phrase " fifteen clear days " in Rule 5.

3. In the Form No. 7 in the Schedule to the " Criminal Injuries Rules 1923 " there shall be deleted the reference to the " examination on oath required by Section 137."

4. The Report in writing of the Judge prescribed by Section 15 of the Damage to Property (Compensation) Act, 1923 , shall be in the Form No. 18 in the Schedule hereto, or to the like effect.

5. Form 8 in the Schedule to the " Criminal Injuries Rules 1923 " shall be revoked, and in lieu thereof Form No. 8 in the Schedule hereto shall be used, or a Form to the like effect.

6. These amending Rules shall be cited as the " Criminal Injuries Amending Rules 1923."

SCHEDULE OF FORMS.

Form No. 8.

FORM OF DECREE FOR COMPENSATION FOR CRIMINAL INJURY TO PROPERTY WHEN THE INJURY HAS BEEN DONE WITHIN THE VERGE OF TWO OR MORE COUNTIES.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

And it further appearing that the notice of such application was duly served on the Respondents and all other proper and necessary parties, and that all necessary preliminary notices had been served.

And the Court having examined into the matter of such application and having found that the applicant is entitled to the sum of £ as compensation for the injuries complained, and the sum of £ for costs and expenses of such application, and having further found that a portion of said compensation, viz., £   and a portion of said costs, viz., £  should be raised off the County of at large (or off the County District of

in said County) ; and that (the remaining) portion of said compensation, viz., £   and (the remaining) portion of said costs, viz., £

should be recovered from the County Council of

If there be three Counties alter as may necessary.

It is therefore Ordered and Decreed that the Applicant do recover from the Respondents the County Council of the said sums of £ and £ being the apportioned sums of compensation and costs as aforesaid, and that said sums be raised off the said County of at large (or off the County District of in said County) and that the Applicant do recover from the Respondents the County Council of

the sum of £ and £ for costs and expennses ; (and from the Respondent the County Council of the sum of £ and £ for costs and expenses.)

Or as the case may be.

Form No. 18.

FORM OF REPORT OF THE JUDGE UNDER SECTION 15 of THE DAMAGE TO PROPERTY COMPENSATION) ACT, 1923 , IN RESPECT OF A WRONGFUL ACT.

IN THE COUNTY COURT.

l. It was proved to my satisfaction:—

(a) That the applicant caused an application to be made under the Criminal Injuries Acts at these present Sessions for the sum of£ for compensation in respect of a loss by a Wrongful Act, that is to say:—(Here set out the nature of the wrongful act alleged).

(b) That the notice of such application was duly served on all proper and necessary parties.

[(c) That at the request of the applicant, I treated the application as an application lodged under Sec. 15, and dealt with it accordingly.]

2. I have duly heard and inquired into the matter of such application and I am satisfied as follows:—

(a) That the applicant has suffered loss by a wrongful act to which Sec. 15 aforesaid applies.

(b) That the sum which would fairly compensate the applicant for such loss is £

(c) That the applicant was (not) insured against such loss. [The following are particulars of such insurance:—

(d) That the wrongful act aforesaid consisted of:

(i) the destruction of

Notes (or paper currency)

the numbers of which were

the denominations of which were

The nature of the evidence accepted by me as proof of said destruction is as follows:—

or

(ii) The destruction (or damage) to property of the applicant in the course of or as an incident in a conflict between the armed forces of

persons offering armed resistance to such forces.

or

(iii) (as the case may be).

3. In my opinion there should be attached to the compensation mentioned in 2 (b) of this Report no re-instatement condition,

or

a full re-instatement condition,

or

a partial re-instatement condition.

4. The applicant's costs and witnesses' expenses of this application are:—

To

The Minister for Finance,

Upper Merrion Street,

DUBLIN.

In cases within Sec. 15 (6).

If property was insured.

Set out the particulars of damage according to the facts as proved.