01/01/1924: Criminal Injuries Rules 1924 (Amending)

COUNTY COURTS (IRELAND).

CRIMINAL INJURIES RULES 1924 (AMENDING)

LOCAL GOVERNMENT (IRELAND) ACT, 1898; DAMAGE TO PROPERTY (COMPENSATION) ACT, 1923 ; AND DAMAGE TO PROPERTY (AMENDMENT) ACT, 1923 .

RULES OF COURT.

1. In all cases where the amount of compensation recovered exceeds £10, there shall be included in the Schedule of Costs payable to the Applicant's Solicitor the items set out in Schedule hereto.

2. The provision as to "Special Orders" contained in the Schedule to the Criminal Injuries Rules, 1923, is hereby revoked, and in lieu thereof the power to make "Special Orders" shall be as set out in the Schedule hereto.

3. On the hearing of any application for compensation, where under Sec. 12 of the Damage to Property (Compensation) Act, 1923 , a Commission or Request has been applied for to take evidence, the Judge may allow to or against any party such sum for costs in respect of the application therefor, and, if the application be granted, such sum for costs and expenses of the Commission or Request (as the case may be) as he may deem just and reasonable.

4. Form No. 12 in the Schedule to the "Criminal Injuries Rules, 1923," omitting therefrom, and from the title thereof, all reference to "reopening and rehearing a former decree," shall be used as the form of Decree in other cases of compensation for injury to property: and said Form No. 12 so amended shall be adapted accordingly, with or without full or partial reinstatement conditions, as the nature of the Order may require.

5. These amending Rules shall be cited as the "Criminal Injuries Amending Rules, 1924."

SCHEDULE.

SPECIAL ORDERS.

In all cases in which Solicitors' charges, costs, and expenses have not been provided for, or in which, having regard to the work actually performed or the peculiar difficulty or complexity of the case, the allowances in the Cost Schedule shall appear to the Judge to be inadequate, he may, in such exceptional cases, make a special Order allowing such costs, charges, and expenses as he may think just and reasonable: provided always that such additional special allowance shall in no case exceed £20.

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[Extract from Iris Oifigiúil of 11th January, 1924.]

COUNTY COURTS (IRELAND).

RULES OF COURT.

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, s. 5, ss. 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 , s. 19, it is enacted that the power to make Rules of Court for the purpose of s. 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 Honorable 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 hereinafter set forth as rules to be used and be enforced in proceedings in the County Courts under s. 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 should come into immediate operation as provisional rules.

Dated this 1st day of January, 1924.

             THOMAS F. MOLONY, L.C.J.

CHARLES F. DOYLE.

W. J. JOHNSTON.

WILLIAM H. BROWN.

PATRICK D. FLEMING.

JOHN CUSACK.