09/07/1926: The District Court Rules.


RESOLUTION PASSED BY DÁIL EIREANN ON WEDNESDAY, 21st JULY, 1926.

That the Dáil hereby approves of the District Court Rules made by the Minister for Justice on the 9th day of July, 1926, under Section 91 of the Courts of Justice Act, 1924 (No. 10 of 1924) and resolves that it is expedient that such rules shall come into operation on the 1st day of October, 1926.

RESOLUTION PASSED BY SEANAD EIREANN ON THURSDAY, 22nd JULY, 1926.

That the Seanad hereby approves of the District Court Rules made by the Minister for Justice on the 9th day of July, 1926. under Section 91 of the Courts of Justice Act, 1924 (No. 10 of 1924) with the exception of Rules 20, 24, 36, 95, 171 and 180.

SAORSTAT EIREANN.

I, Caoimhghin O hUigín, Minister for Justice, by virtue of the powers conferred upon me by Section 91 of the Courts of Justice Act, 1924 , and of all other powers enabling me in this behalf, with the approval of the Committee constituted pursuant to the provisions of section 90 of the said Act and with the sanction of the Attorney-General and of the Minister for Finance, do hereby make the annexed District Court Rules.

Dated this 9th day of July, 1926.

(Signed) C. O hUIGIN,

Aire Dli agus Cirt

I sanction the annexed District Court Rules.

Dated this 9th day of July, 1926.

(Signed) SEAGHAN UA COISDEALBHA,

Priomh Aturnae.

I sanction the annexed District Court Rules.

Dated this 9th day of July, 1926.

(Signed) E. DE BLAGHD,

Aire Airgid.

INTRODUCTORY.

Title.

1. These Rules may be cited as "The District Court Rules."

Definitions.

2. In these Rules:—

the expression "Minister" shall mean the Minister for Justice;

the expression "Justice" shall mean a Justice of the District Court;

the expression "Metropolitan District" shall mean District No. 31 of the Districts into which Saorstát Eireann was divided for the purposes of the District Court by order of the Minister dated the 16th day of August, 1924;

the expression "Clerk" shall mean a Clerk of the District Court or officer acting as such, save in the Metropolitan District, when the expression "Clerk" shall mean the Chief Clerk or Officer for the time being acting as such; the expression "cases of summary jurisdiction" shall mean and include those cases (a) in which jurisdiction is conferred upon the District Court by way of vesting or transfer by Section 77, other than paragraphs A and C thereof, and Section 78 of the Courts of Justice Act, 1924 , save in so far as the same sections relate to the grant or renewal of licences for the sale of intoxicating liquors; and (b) in which summary jurisdiction has been or may hereafter be conferred upon a Justice of the District Court by Acts of the Oireachtas;

the expression "civil proceedings" shall mean and include those cases in which jurisdiction is conferred upon the District Court by paragraph A of Section 77 of the Courts of Justice Act, 1924 .

PART I. Cases of Summary Jurisdiction and Preliminary Investigation of Indictable Offences.

Sittings and Court areas.

3. Sittings of the District Court for the preliminary investigation of indictable offences and the hearing and disposal of cases of summary jurisdiction shall be held in the Court Areas and at such times, dates and places as may be prescribed by the Minister under the provisions of the Court Officers Act 1926 . Provided, however, that a Justice may, whenever he sees fit, peremptorily fix and hold a sitting of the District Court for any Court area at a place and at a time other than the place and time so prescribed by the Minister for the purpose of exercising the powers as to the closing of licensed premises conferred upon him by Section 4 of the Intoxicating Liquor (General) Act, 1924 .

Exercise of jurisdiction.

4. The Jurisdiction of a Justice in cases of summary jurisdiction shall be exercised by him within his District as follows:—

(a) In proceedings otherwise than in respect of an offence in the Court Area wherein the Defendant or one of the Defendants ordinarily resides or carries on any profession, business, or occupation.

(b) In offence cases (other than indictable offences) in the Court Area wherein the offence or any of the offences is alleged to have been committed or the Defendant has been arrested or resides.

(c) In cases of indictable offences in any Court Area, irrespective of where the crime is alleged to have been committed or the Defendant has been arrested or resides.

Provided that nothing herein contained shall be construed to limit the powers hereinafter conferred upon a Justice to adjourn a case from one Court Area within his District to another.

Cases to be heard in Court.

5. All cases of summary jurisdiction shall be heard at a sitting of the District Court save cases of drunkenness, vagrancy, fraud in the sale of goods or disputes as to sales in fairs or market, and cases relating to offences against the laws relating to the Revenue which heretofore might have been heard and determined out of Court, which may be heard and determined out of Court. Provided, however, that a Justice may, if he sees fit, hear and determine out of Court any complaint as to any offence when the person charged shall be unable to give bail for his appearance at a sitting of the District Court.

Open court.

6. In all cases of summary jurisdiction the place in which any Justice shall sit to hear and determine any complaint shall be deemed an open Court, to which the public generally may have access, so far as the same can conveniently contain them.

Right to exclude public.

7. In all cases of proceedings for indictable offences the place in which any Justice shall sit for the preliminary investigation of any such offence shall not be deemed an open Court, and such Justice may, in his discretion, order that no person save the person conducting the prosecution and the Counsel or Solicitor of the person charged shall have access to or be or remain in such place without the consent or permission of such Justice.

Procedure upon information or complaint being made.

8. Whenever information shall be given to any Justice or Peace Commissioner that any person has committed or is suspected to have committed any treason, felony, misdemeanour or other offence, within the limits of the jurisdiction of such Justice or Peace Commissioner, for which such person shall be punishable either upon indictment or upon summary conviction; or that any person has committed or is suspected to have committed any such crime or offence elsewhere outside the jurisdiction of such Justice or Peace Commissioner, for which proceedings can be legally instituted against him in any place in Saorstát Eireann, and such person is residing or being, or is suspected to reside or to be, or has been arrested within the limits of the jurisdiction of such Justice or Peace Commissioner, or whenever a complaint shall be made to any Justice or Peace Commissioner as to any other matter arising within the limits of the jurisdiction of such Justice or Peace Commissioner upon which he shall have power to make a summary order, such Justice or Peace Commissioner shall receive such information or complaint, and proceed in respect to the same, subject to the following provisions:—

(a) Whenever it is intended that a summons only shall issue to require the attendance of any person, the information or complaint may be made either with or without oath, and either in writing or not, according as the Justice or Peace Commissioner shall see fit; provided always that in such cases the complaint may be made to a Clerk, and such Clerk upon such complaint having been made to him shall issue a summons as hereinafter set out.

(b) But whenever it is intended that a warrant shall issue for the arrest or committal of any person, the information or complaint shall be in writing, and on the oath of the Complainant or of some other credible witness. Such information shall be in accordance with such modification of Form I. in the first part of the first schedule hereto as may be suitable.

Binding over informant.

9. Whenever any such information shall have been taken on oath and in writing that any person has committed or is suspected to have committed any indictable crime or offence, or any offence for which such person shall be punishable upon summary conviction, (and for whose arrest the Justice or Peace Commissioner shall issue a Warrant), the Justice or Peace Commissioner may, if he shall see fit, bind the informant or complainant by recognizance, which shall be in accordance with such modification of Form II. in the first part of the First Schedule hereto as may be suitable, to appear at the Court or place where the Defendant is to be tried or the complaint is to be heard to prosecute or give evidence, as the case may be, against such person.

Defendant entitled to copy of information.

10. In all cases of summary jurisdiction, in which notice of the information is not required by statute to be served on the Defendant, any person against whom any such information or complaint shall have been made in writing shall, upon his being made amenable or appearing in person or by his Solicitor or Counsel, be entitled to receive from the Clerk a copy of such information or complaint, on payment of the prescribed fee, and such Clerk shall in no case allow the original information or complaint to be taken out of his possession save as in Rule 26 (b) hereof is provided.

Method of compelling attendance of person against whom an information or complaint has been received.

11. The manner in which persons against whom any such informations or complaints as aforesaid shall have been received by any Justice or Peace Commissioner or, in cases where it is intended that a summons only should issue, by a Clerk, shall be made to appear to answer to the same shall be subject to the following provisions:—

(a) In all cases of indictable crimes and offences (where an information that any person has committed the same shall have been taken in writing and on oath) the Justice or Peace Commissioner shall issue a warrant, which shall be in accordance with such modification of Form III. in the first part of the first schedule hereto as may be suitable, to arrest and bring such person before him, or some other Justice or Peace Commissioner having jurisdiction in the matter, to answer to the complaint made in the information (and which warrant may be issued or executed on a Sunday as well as on any other day); or if he shall think that the ends of justice would be thereby sufficiently answered, he may, instead of issuing such warrant, issue a summons in the first instance to such person, requiring him to appear and answer to the said complaint; but nothing herein contained shall prevent any Justice or Peace Commissioner from issuing a warrant for the arrest of such person at any time before or after the time mentioned in such summons for his appearance, and whenever such person shall afterwards appear or be brought before any such Justice he shall proceed according to the provisions hereinafter contained as to taking the evidence against such person, and committing such person for trial, or if such person be brought before a Peace Commissioner he shall proceed according to the provisions hereinafter contained as to taking evidence against such person for the purposes of remand as provided by Section 88 (4) of the Courts of Justice Act, 1924 . Provided always that a Peace Commissioner, in making such remand, shall remand to the next District Court for the Court Area in which he is then sitting.

(b) In all cases of summary jurisdiction the Justice, Peace Commissioner, or Clerk may issue a summons, which shall be in accordance with such modification of Form IV. in the first part of the first schedule as may be suitable, directed to such person, requiring him to appear and answer the complaint, and in all cases of offences where such person shall not appear at the required time and place, and it shall be proved, in manner provided by Rule 16 hereof that he was served with such summons or an information shall have been made that he is keeping out of the way of such service, or that having been charged with an offence against the Customs Acts he is about to abscond, the Justice may issue a warrant to arrest and bring such person before him or some other Justice or Peace Commissioner having jurisdiction in the District, at the Court of which the Defendant has failed to appear, to answer to the said complaint; and when such person shall afterwards be arrested under such warrant, the Justice or Peace Commissioner before whom he shall be brought may either by warrant, which shall be in accordance with such modification of Form V. in the first part of the first schedule hereto as may be suitable, commit him to prison until the hearing of the complaint, or may discharge him upon his entering into a recognizance, which shall be in accordance with such modification of Form II. in the first part of the first schedule hereto as may be suitable, with or without sureties, at the discretion of the Justice or Peace Commissioner, conditioned for his appearance at such hearing.

12. Each summons shall be signed by the Justice, Peace Commissioner or Clerk issuing the same, and each warrant shall be signed by the Justice or Peace Commissioner issuing the same. Each warrant or summons shall state shortly the cause of complaint, and no summons or warrant shall be signed in blank.

Summons servers.

13. One or more person or persons appointed by a County Registrar under the provisions of the Court Officers Act 1926 shall act as summons server or servers of each court area.

Service of summonses.

14. In cases of offences prosecuted by the Gárda Síochána or by a Minister or by any Department of State or by the Attorney-General of Saorstát Eireann the summons shall be served by a member of the Gárda Síochána or other person authorised by statute, but in all other cases it shall be served by an appropriate summons server, save when the Justice issuing same shall otherwise so direct.

Mode and time of service and entry for hearing.

15. Every summons shall be served upon the person to whom it is directed by delivering to him a copy of such summons, or by leaving such copy for him at his last or most usual place of abode, or at his office, warehouse, counting-house, shop, factory, or place of business with the husband, wife, child, father, mother, brother, sister, or any other relation of the Defendant, or his wife or her husband, or with any agent, clerk or servant of the Defendant, not being under sixteen years of age, seven days at least before the hearing of the complaint, and such last-mentioned service shall be deemed sufficient service of such summons in every case except where personal service shall be specially required by these Rules. For the purposes of this Rule the expression "person" shall be deemed to include a corporation. Every summons shall be lodged with the Clerk for entry three days before the day fixed for the hearing.

Proof of service.

16. In every case the person, who shall serve such summons, shall make a statutory declaration, which shall be in accordance with such modification of Form VI. in the first part of the first schedule hereto as may be suitable, before a Justice or Peace Commissioner. Such statutory declaration shall be endorsed upon the back of the original of such summons and shall be exempt from stamp duty. Such statutory declaration shall be sufficient evidence for all purposes of the mode, time and place of service therein set out, and it shall not be necessary for the person effecting service to personally attend at the Court to depose to such service. Provided always, that whenever a Justice sees fit he may require any person who has effected service of a summons to attend before him and give evidence on oath touching such service. And provided further that a Justice may, if he sees fit, direct that in any Court Area within his District proof of service shall be given viva voce and on oath before him in open Court by the persons effecting service.

Substituted service.

17. Nothing in these Rules shall be construed to affect the provisions of any Act authorising any other mode of service or the substitution of service in particular cases.

Abridgment or extension of time.

18. A Justice of the District Court may whenever he sees fit abridge or extend the time provided by Rule 15 hereof for the service of any summons. Such abridgment or extension shall be endorsed on the original and copy of the summons and signed by the Justice.

Issue of summons for service outside district of Justice.

19. Where, in cases of summary jurisdiction of a criminal nature, a Justice has jurisdiction by reason of the offence having been committed within his District but the accused person resides in some place in Saorstát Eireann outside such District, such Justice may issue a summons for service on the accused person outside his District, and upon service being effected in the manner provided by these Rules, such accused person shall be amenable in the same manner as if the summons had been served within the District of such Justice.

Fees payable to summons-servers.

*20. The following fees shall be payable to a Summons-Server appointed under these Rules in respect of the service by him of any summons:—

*As to Rule 20, see terms of the Seanad Resolution on fly-leaf.

Where the distance from the residence of the Summons-Server to the residence or abode of the person to be served—

s.

d.

(a) does not exceed 2 miles..............................

1

6

(b) exceeds 2 miles and does not exceed 3 miles...

2

0

(c) exceeds 3 miles and does not exceed 4 miles...

2

6

(d) exceeds 4 miles and does not exceed 5 miles...

3

6

(e) exceeds 5 miles........................................

5

0

Compelling attendance of witness.

21. Whenever it shall be made to appear to any Justice, Peace Commissioner or Clerk that any person, residing within the jurisdiction of such Justice or Peace Commissioner or within the Court Area of such Clerk, is able to give material evidence for the prosecution or the defence in cases of indictable offences, or for the Complainant or Defendant in cases of summary jurisdiction, such Justice, Peace Commissioner or Clerk may proceed as follows:—

(a) He may issue a summons, which shall be in accordance with such modification of Form VII in the first part of the first schedule hereto as may be suitable, to such person, requiring him to appear at a time and place mentioned in such summons, to testify what he may know concerning the matter of the information or complaint, and (if the Justice, Peace Commissioner or Clerk shall see fit) to bring with him and produce for examination such accounts, papers, or other documents as shall be in his possession or power, and as shall be deemed necessary by such Justice, Peace Commissioner or Clerk; but in any case of an indictable crime or offence, whenever the Justice or Peace Commissioner shall be satisfied by proof upon oath that it is probable that such person will not attend to give evidence without being compelled so to do, then (the information or complaint being in writing and on oath) instead of issuing such summons as aforesaid, he may issue, in the first instance a warrant, which shall be in accordance with such modification of Form III in the first part of the first schedule hereto as may be suitable, to arrest such person, and to bring him at the time and place appointed for the hearing of the case to testify and to produce such accounts, papers and documents as may be required.

(b) And in any case when any person, to whom a summons shall be issued in the first instance, shall neglect or refuse to appear at the time and place appointed by such summons, and no just excuse shall be offered for such neglect or refusal, then upon proof in the manner provided by Rule 16 hereof that such summons was served upon such person, or upon an information that such person is keeping out of the way of such service, and that he is able to give material evidence in the case, the Justice before whom such person should have appeared may issue a warrant to arrest such person, and to bring him at the time and place appointed for the hearing of the case, to testify and to produce such accounts, papers, and documents as may be required as aforesaid.

(c) A Justice, if it shall be made to appear to him that any person, residing within Saorstát Eireann but outside the District of such Justice, is able to give material evidence as aforesaid, may issue a summons for service on such person outside his District, and upon such summons being served upon such person he shall be liable to arrest for failure to appear as if he had been served with such summons within the District of such Justice.

Procedure on witness refusing to be examined.

22. (a) Whenever any person shall appear as a witness, either in obedience to a summons or by virtue of a warrant, or shall be present in Court and shall be verbally required by the Justice to give evidence, and shall refuse to be examined upon oath concerning the matter of the information or complaint, or shall refuse to take such oath, or having taken such oath, shall refuse to answer such questions concerning the said matter as shall then be put to him or shall refuse or neglect to produce any such accounts, papers, or documents as aforesaid (without offering any just excuse for such refusal) the Justice then present may adjourn the proceedings to the same or any other Court in his District for any period not exceeding eight clear days, and may in the meantime by warrant, which shall be in accordance with such modification of Form V. in the first part of the first schedule hereto as may be suitable, commit the said witness to Prison unless he shall sooner consent to be sworn or to testify as aforesaid, or to produce such accounts, papers or documents as the case may be; and if such witness, upon being brought up upon such adjourned hearing shall again refuse to be sworn, or to testify as aforesaid, or to produce such accounts, papers or documents, as the case may be, the said Justice, if he shall see fit, may again adjourn the proceedings, in like manner, and commit the witness for the like period, and so again from time to time until he shall consent to be sworn or to testify as aforesaid, or to produce such accounts, papers or documents, as the case may be (provided that no such imprisonment shall in any case of summary jurisdiction exceed one month in the whole) ; but nothing herein contained shall be deemed to prevent the Justice from sending any such case for trial, or otherwise disposing of the same in the meantime, according to any other sufficient evidence which shall have been received by him.

(b) If any person, so summoned to testify as aforesaid in relation to proceedings under the Customs Acts, shall refuse or neglect to appear at the time and place appointed in such summons, and no just excuse shall be offered for such neglect or refusal, then after due proof of the service of such summons, or if such person, having appeared in obedience to such summons, shall refuse to take oath, or if a person, having legal power to affirm, refuse to affirm or shall refuse to give evidence or answer to the best of his knowledge and belief any legal question required of him, he shall for every such default or offence forfeit such sum not exceeding twenty pounds as the Justice shall see fit.

Binding over witness.

23. Whenever in cases of indictable offences the Justice shall see fit, he may bind the witnesses by recognizance, which shall be in accordance with such modification of Form II. in the first part of the first schedule hereto as may be suitable, to appear at the trial of the offender and give evidence against him; and whenever any witness shall refuse to be so bound, the Justice may by warrant commit him to prison until the trial of the person accused, unless in the meantime such witness shall duly enter into a recognizance before the Justice or a Peace Commissioner having jurisdiction in the place in which the prison shall be situated; but if afterwards, from want of sufficient evidence or other cause, the Justice before whom the person accused shall have been brought shall not commit him or hold him to bail, such Justice shall by warrant, which shall be in accordance with such modification of Form VIII. in the first part of the first schedule hereto as may be suitable, order the Governor of the Prison to discharge such witness.

Witnesses' expenses.

*24. In all cases of summary jurisdiction the Justice by whom any order for payment of money, not being in the nature of a penalty for an offence, shall be made, may order the party at whose instance any witness shall have been summoned to pay to such witness such sum, not exceeding one guinea as to such Justice shall seem fit, for his expenses or loss of time for each day of attending to give evidence, and in default of payment thereof at such time as such Justice shall appoint, he may issue a warrant to levy the amount thereof by distress of the goods of such party.

*As to Rule 24, see terms of Seanad Resolution on fly-leaf.

Method of taking evidence in the preliminary investigation of indictable offences.

25. The manner in which the evidence shall be taken in proceedings for indictable offences shall be subject to the following provisions:—

(a) In every case where any person shall appear or be brought before any Justice charged with any indictable crime or offence, such Justice, before committing such person for trial or admitting him to bail, shall in the presence of such person, who shall be at liberty to put questions to any witness produced against him, take the depositions, which shall be in accordance with such modification of Form IX in the first part of the first schedule hereto, as may be suitable, on oath and in writing of those who shall know the facts of the case, and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall also be signed by the Justice who shall take the same.

(b) Whenever the examination of the witnesses on the part of the prosecution and of the defence shall have been completed the Justice shall, if required by the person accused, (without requiring the attendance of the witnesses) read or cause to be read to the person accused the several depositions, and shall then take down in writing the statement, which shall be in accordance with such modification of Form X in the first part of the first schedule hereto as may be suitable, of such person (having first cautioned him that he is not obliged to say anything unless he desires to do so, but that whatever he does say will be taken down in writing, and may be given in evidence on his trial) ; and whatever statement the said person shall then make in answer to the charge shall, when taken down in writing, be read over to him, and shall be signed by the said Justice present. Provided always that nothing herein contained shall prevent the prosecutor from giving in evidence any admission or confession, or other statement made at any time by the person accused, and which would be admissible by law as evidence against such person.

If from the absence of any witnesses or from any other reasonable cause it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time, the Justice before whom the person accused shall appear or be brought, may, either admit such person to bail in manner hereinafter provided, or by warrant, remand such person to prison for a period not exceeding fourteen days to the next Court for the Court Area for which the Justice is sitting or to any other Court within the District of such Justice, as the Justice may see fit ; but any such Justice may order the said person to be brought before him at any time before the expiration of the period for which he shall have been so remanded.

Provided that the period for which a Justice may remand on bail a person accused of an indictable offence may if that person and the prosecutor consent exceed fourteen days.

Disposal of persons charged with indictable offences.

26. The manner in which the person accused shall be disposed of when the evidence shall have been taken in proceedings for indictable offences shall be subject to the following provisions—

(a) Whenever the offence shall have been committed within the jurisdiction of the Justice present, and he shall be of opinion that the evidence is not sufficient to put such accused person on his trial, he shall forthwith order such accused person, if in custody, to be discharged as to the information then under inquiry; but if in the opinion of such Justice such evidence is sufficient to put such person on his trial, or if such evidence raises a strong or probable presumption of guilt, then such Justice shall either by warrant commit him to prison, to be there kept until his trial for the said offence, or shall admit him to bail in manner hereinafter provided, according as he shall see fit.

(b) Whenever any person shall appear or be brought before any Justice charged with an offence or offences alleged to have been committed by him in any county or place in Saorstát Eireann wherein such Justice shall not have jurisdiction, such Justice shall examine such witnesses, and receive such evidence in proof of such charge as shall be produced before him within his jurisdiction; and if in his opinion such evidence shall be prima facie proof of the said charge, such Justice shall thereupon, either by a like warrant commit the person accused to prison or shall admit him to bail, according as such Justice shall see fit; but if in his opinion such evidence shall not be sufficient to put the accused party on his trial, then such Justice shall either discharge the person accused as to the information then under inquiry, or if it shall appear from the nature of the charge that further evidence will be available in the place wherein the offence is alleged to have been committed, bind over the prosecutor, if he shall have appeared, and the witnesses, to give evidence when required so to do, and shall thereupon, by warrant, which shall be in accordance with such modification of Form XI. in the first part of the first schedule hereto as may be suitable, order such person to be taken before the Justice of the District in which the offence is alleged to have been committed, and shall at the same time deliver to the person having the execution of such warrant, the information, depositions and recognizances, if any, so taken, to be delivered to the Justice before whom the accused person shall be taken in obedience to such warrant, and such information, depositions, and recognizances shall be treated to all intents as if they had been taken before such last-mentioned Justice.

Provided always, that if such last-mentioned Justice shall not think the evidence against such accused party sufficient to put him on his trial, and shall discharge him without holding him to bail, any recognizances so taken by the said first-mentioned Justice shall be null and void.

Procedure on admitting to bail.

27. Whenever a Justice in the exercise of his discretion sees fit to admit to bail a person charged with an indictable offence such person shall enter into a recognizance with one or more sufficient sureties, at the discretion of the Justice, conditioned that he will appear at the time and place when and where he is to be tried for such offence, and that he will then surrender and take his trial and not depart from the Court without leave. When in any such case the recognizance shall not be forthwith perfected as directed by the Justice, the Justice shall commit the accused person to prison and shall certify, in accordance with such modification of Form XII in the first part of the first schedule hereto as may be suitable, on the warrant of commitment his consent to the accused person being bailed, stating also the amount of bail required. Whereupon any Justice or Peace Commissioner attending or being at the prison where such accused person shall be in custody, on production of such certificate at any time before the first day of the sitting of the Court before which he shall have been committed to be tried, may admit such accused person to bail in manner aforesaid. Provided always that the committing Justice may, by body warrant, which shall be in accordance with such modification of Form XXI. in the first part of the first schedule hereto as may be suitable, addressed to the Governor of the Prison, cause such accused person to be brought before him for the purpose of entering into such recognizances. Whenever it shall not be convenient for the surety or sureties in any case to attend at the prison to join with the accused person in the recognizance of bail, then the Justice or any Peace Commissioner having jurisdiction in the place where the proposed sureties reside, shall take the recognizances of such sureties and shall forward the same to the Clerk for the Court Area at the Court of which the accused person has been committed. Upon such recognizances being transmitted by such Clerk to the Governor of the Prison and produced to any Justice or Peace Commissioner attending at such prison, such last-mentioned Justice or Peace Commissioner shall, before such time as aforesaid, take the recognizance of such accused person in like manner as if the sureties were present.

Warrant to discharge from prison.

28. In all cases where a Justice or Peace Commissioner shall admit to bail any person who shall then be in prison charged with the offence for which he shall be so admitted to bail, such Justice or Peace Commissioner shall send to or cause to be lodged with the Governor of the Prison a warrant requiring the said Governor to discharge the person so admitted to bail, if he be detained for no other offence or under no civil process, and upon such warrant being delivered to such Governor he shall forthwith obey the same.

Arrest of bailed person about to abscond.

29. Whenever any Person charged with any such indictable crime or offence as aforesaid shall have been bailed in manner aforesaid, the Justice by whom he shall have been bailed or any Peace Commissioner may, if he shall see fit, upon the application of the surety or of either of the sureties of such person, and upon information being made in writing and on oath by such surety, or by some person on his behalf, that the person so bailed is about to abscond for the purpose of evading justice, issue his warrant for the arrest of such person so bailed, and afterwards, upon the Justice being satisfied that the ends of justice would otherwise be defeated, he may commit such person, when so arrested, to prison, until his trial, or until he shall produce another sufficient surety or other sufficient sureties, as the case may be, in like manner as before.

Continuing bail.

30. Where a person is remanded on bail the recognizance may be conditioned for his appearance at every time and place to which during the course of the proceedings the hearing may be from time to time adjourned without prejudice, however, to the power of the Justice to vary the order at any subsequent hearing.

Informations, etc., taken out of Court to be forwarded to Clerk.

31. Every information, deposition, statement, and recognizance, which shall have been taken or acknowledged by or before any Justice not sitting in the District Court or by a Peace Commissioner, shall forthwith be transmitted by him to the Clerk for the Court Area for use in which such information, deposition, statement, or recognizance, as the case may be, has been taken.

Clerk to forward depositions, etc., to County Registrar.

32. A Justice shall transmit or cause the Clerk to transmit every information, deposition, statement, and recognizance received from any Justice out of Court or Peace Commissioner or which shall be sworn, taken or acknowledged at a District Court and which shall relate to an indictable offence which shall not have been tried summarily to the County Registrar, with all convenient despatch, or at the latest within seven days from the holding of the District Court where the party shall have been committed or shall be amenable.

Schedule of depositions, etc., to be prepared by Clerk.

33. Where the Justice shall deliver to a Clerk any such information, deposition, statement or recognizance to transmit to the County Registrar, the said Clerk shall forthwith prepare a schedule of the same, specifying the dates of the same, and the dates when the same were received by him and shall make and sign an extract from the Justice's Minute Book or Charge Sheet, and he shall transmit such schedule and extract together with the informations, depositions, statements and recognizances therein referred to, to the said County Registrar, by hand, or, if it be more convenient, through the Post Office, prepaying the same, and obtaining a receipt from the Postmaster where the same shall be posted, specifying the date of such posting, and for which the Postmaster by whom the same shall be delivered shall in like manner obtain a like receipt from the County Registrar, and which receipts such Postmaster and such County Registrar are hereby required to give.

Procedure on hearing of cases of summary jurisdiction.

34. In all cases of summary jurisdiction the proceedings upon the hearing of the complaint shall be subject to the following provisions:—

(a) Whenever the Defendant or his Solicitor or Counsel shall be present the substance of the complaint shall be stated to him, and if he thereupon admit the truth of the complaint, the Justice may, if he shall see no sufficient reason to the contrary, convict or make an order against him accordingly, but if he do not admit the truth of the complaint, the Justice shall proceed to hear such complaint.

(b) Whenever the Defendant or his Solicitor or Counsel shall not appear at the time and place mentioned in the summons, and it shall appear to the Justice that the summons was duly served and no sufficient grounds shall be shown for an adjournment, the Justice may either, proceed ex parte to hear and determine the complaint, or may adjourn the hearing to a future day.

(c) Whenever the Defendant or his Solicitor or Counsel shall appear at the time and place appointed in the summons, or the Defendant shall be brought before the Justice by virtue of any warrant, then, if the Complainant (having in the case of a warrant had due notice of the Defendant's arrest) does not appear by himself or his Solicitor or Counsel, the Justice may either dismiss such complaint, or may adjourn the hearing to a future day.

(d) Whenever any Justice shall proceed to hear and determine any complaint or information as to an offence he shall, when required to do so by either party, or his Solicitor or Counsel take or cause to be taken a note in writing of the evidence, or of so much thereof as shall be material, in a Book to be kept for that purpose by the Clerk, and which Book shall be signed by the Justice by whom such information or complaint shall have been heard on the day on which the same shall have been determined.

(e) Whenever all the cases shall not have been heard and determined on any Court Day, the Justice may adjourn the remaining cases either to the next Court Day or to such other day or place as he shall see fit; and whenever, either before or during the hearing of any complaint, it shall appear advisable, the Justice may, if he sees fit, adjourn the hearing of the same to a certain time or place to be then appointed and stated in the presence and hearing of the Party or Parties or their Solicitors or Counsel; and all persons whose attendance shall have been required by any summons in any of the cases so adjourned shall take notice of such adjournment, and shall be obliged to attend on the day, and at the time and place to which such adjournment shall take place, without the issue or service of any further summons; and in all cases of such adjournments the said Justice may suffer the Defendant to go at large, or in prosecutions for offences may commit him to prison by warrant, or may discharge him upon his entering into a recognizance with or without sureties, at the discretion of the Justice, conditioned for his appearance at the time and place to which such hearing or further hearing shall be adjourned.

General powers of Justices.

35. In all cases of summary jurisdiction other than those relating to the Revenue of Excise, Customs, Stamps or Taxes the Justice, in adjudicating thereon, may exercise the following general powers, whether the same shall be authorised by the Act under which the complaint shall be made or not:—

(a) In every case where the Justice shall be authorised to award any penal or other sum, he may, subject to the provisions of the Criminal Justice (Administration) Act, 1914, order that the same shall be paid either forthwith or at such time as he shall see fit to fix for that purpose, and, in cases of a civil nature, that such sum may be paid either at once or by instalments.

(b) In every case where the Justice shall award any penal or other sum to be paid, he may order that, in default of the said sum being paid at the time and in the manner directed by his order, the goods of the person against whom the said order shall be made shall be distrained for such sum, or for so much of such sum as shall remain unpaid at the time fixed, and also for the costs of such distress.

(c) In every case of an offence where he shall order that a distress shall be made in default of payment of any penal sum, he may order that in default of the said sum being paid as directed the said person shall be imprisoned for any term not exceeding the period specified in the following scale:—

For any sum

The Imprisonment

not to exceed

Not exceeding 10/-

... Seven days.

Exceeding 10/-, but not exceeding £1

... Fourteen days.

 "  £1 " "  " £2

... One month.

 "  £2 " "  " £5

... Two months.

 "  £5 " "  " £10

... Three months.

 "  £10 " "  " £30

... Four months.

 "  £30

... Six months.

Any such imprisonment shall be determinable upon payment of the said sums and costs and any costs of the distress, where a distress shall have been made, or where part only of said sums and costs shall have been paid, shall be reduced in accordance with the provisions of Section 3 of the Criminal Justice (Administration) Act, 1914, and such imprisonment may be directed in the same warrant as such distress. Provided that nothing herein contained shall deprive a Justice of the powers of committal conferred upon him by the Small Penalties (Ireland) Act, 1873, and the Criminal Justice (Administration) Act, 1914.

(d) In every case of an offence, where the order shall only have directed distress in default of payment of a penal sum, and it shall afterwards be found impossible to execute a warrant of distress, the Justice in or out of Court may order a warrant to issue to commit the person, against whom such order shall have been made, to prison for such period as might have been directed by the original order; and in like manner, where the order shall have only directed imprisonment, and it shall be found impossible or inexpedient, in the opinion of the Justice, to execute a warrant of committal, the Justice in or out of Court may order a warrant to issue to levy by distress of the goods of such person such penal sum as might have been awarded by the original order; and in all such cases a note of such proceedings shall be made by the Justice in the Charge Sheet or Justices' Minute Book.

(e) In every case where any sum shall be awarded under the provisions of any Act as compensation for damage, or as the value of any article, or as the amount of any injury done, such sum shall be paid to the person aggrieved ; but where the person aggrieved is unknown, such sum shall be applied in like manner as any penalties awarded to the State; and where several persons join in an offence, and are severally punished each in the amount of the injury done, no more than one of such sums shall be paid to the person aggrieved, and the rest shall be applied as other penalties awarded to the State.

(f) In every case where any penal sum shall be ordered to be paid as a penalty for an offence (and no sum shall be awarded to the Complainant as compensation for damage) then except where otherwise provided by Statute the Justice may award any sum not exceeding one-third of such penal sum to the Prosecutor or Informer, and the remainder of such sum, and all other penal sums shall be awarded to the State.

Procedure minor offences fit to be tried summarily.

*36. In criminal cases, in which jurisdiction is conferred upon a Justice by paragraph B of Section 77 of the Courts of Justice Act of 1924, the Justice, if he be satisfied at any time during the hearing that the evidence establishes a minor offence fit to be tried summarily, shall say to the accused, " Do you object to being tried summarily, or do you wish to be tried by a Judge and Jury?" Upon the accused signifying that he has no objection to being tried summarily, the Justice may proceed to hear and determine the case.

Costs.

37. (a) The Justice who shall hear and determine any charge or complaint, whether or not a warrant or summons shall have been issued in consequence of such charge or complaint, shall have power to order any party to the said charge or complaint other than the Attorney-General or a member of the Gárda Síochána in his official capacity to pay to the other party such costs including the costs of any adjournment and any witnesses' expenses as to him shall seem meet.

(b) This rule shall not extend to any information, complaint or other proceeding in relation to the taxes and duties under the care and management of the Revenue Commissioners.

Issue of warrants.

38. In all cases of summary jurisdiction, whenever an order shall be made upon the conviction of any person for an offence, the Justice shall issue the proper warrant which shall be in accordance with such modification of Form XVIII., in the first part of the first schedule hereto as may be suitable, for its execution forthwith, when the imprisonment is to take place immediately, or at the time fixed by the order for the imprisonment to take place where it is not to be immediate, or directly upon the non-payment of any penal sum or the non-performance of any condition at the time and in the manner fixed by the order for that purpose, or at such time as the Justice shall see fit after the expiration of the time so fixed for the imprisonment, payment, or performance of a condition, as the case may be, unless the imprisonment or penal sum shall have been remitted by the Governor-General, Minister or other competent authority in the interval; and whenever an order shall be made in any case of a civil nature, and the same shall not be obeyed, the Justice shall issue the proper warrant for its execution at any time after the time fixed for compliance with its directions, where required so to do by the person in whose favour such order shall have been made, or by some person on his behalf. Provided always, that in every criminal case where the party being entitled to appeal against any such order shall have duly given notice thereof, and entered into a recognizance to prosecute the same in the manner hereinafter provided, a Justice shall not issue any warrant to execute the said order, which shall be entirely suspended until such appeal shall have been decided, or until the Appellant shall have failed to perform the condition of such recognizance, as the case may be, (except where any Act shall expressly authorise or direct the levy of any sum to be made notwithstanding the appeal); and in any such criminal case in which an appeal has been duly taken where any person shall be in custody, or shall have been committed to prison, or any warrant of distress shall have been issued or executed, under any such order, the Justice by whom the warrant shall have been issued, shall, upon an application being made to him in that behalf, forthwith order the discharge of such person from custody or from prison, or that such warrant of distress shall not be executed, or that if executed the distress shall be returned to the owner, as the case may be.

Persons to whom warrants to be addressed.

39. The person to whom warrants shall be addressed for execution shall be as follows:

(a) All warrants in proceedings as to offences punishable either upon indictment or upon summary conviction, and in summary proceedings of a civil nature other than ejectment cases and cases for the recovery of rates exceeding five pounds, which shall be issued in any District Court Area shall be addressed to the Superintendent or other proper officer of the Gárda Síochána, who shall act for the place where the District Court shall be held, or to any other person authorised by Statute to execute such warrants.

(b) All warrants in other cases shall be addressed either to the Under-Sheriff for the county in which the Court Area is situate, or where such Court Area comprises portions of two or more counties, to the Under-Sheriff of that county comprising the portion of the Court Area in which the person against whom the warrant has been issued resides, or to such other person or persons (not being the complainant or a party interested) as the Justice issuing the same shall see fit.

It shall not be necessary to address any warrant of committal to the Governor of the Prison, but upon the delivery of any such warrant by the person charged with its execution to the Governor of the Prison to which the committal shall be made, such Governor shall receive and detain the person named therein (or shall detain him if already in his custody), for such period and in such manner as it shall appear from the warrant that the said person is to be imprisoned; and in cases of adjournments or remands or the issue of a body warrant as in Rule 27 provided such Governor shall bring the said person at the time and place fixed by the warrant for that purpose before such Justice as shall be there.

40. The execution of warrants so addressed to the Superintendent or other proper officer of the Gárda Síochána shall be subject to the following provisions:

(a) Whenever the person, against whom any warrant so addressed shall have been issued, shall be found in case of committal, or shall have goods in case of distress, in any place for which such Superintendent or other Officer shall act, such officer, who shall act for the time being for such place, or any other member of the Gárda Síochána to be appointed by him, shall execute the same;

(b) Whenever it shall appear that the said person or his goods, as the case may be, are not to be found in any place for which such Superintendent or other Officer shall act, but that they are to be found elsewhere in the jurisdiction of the Justice issuing the warrant, the said Superintendent or other Officer shall certify on the warrant, in accordance with such modification of Form XIII in the first part of the first Schedule hereto as may be suitable, the place where he believes that the said person or his goods are to be found, and also (having first satisfied himself as to the fact) that he believes the signature to the warrant to be genuine, and shall forthwith transmit the said warrant to the Superintendent or other Officer who shall act for such last-mentioned place, and the same shall be executed in like manner as any warrant addressed to him in the first instance.

(c) Whenever it shall appear that the said person or his goods, as the case may be, are not to be found in the district of the Justice issuing the warrant, but that such person or his goods, as the case may be, are to be found elsewhere out of the said district, the Superintendent or other officer of the Gárda Síochána to whom such warrant has been addressed, shall certify on the warrant, in accordance with such modification of Form XIII in the first part of the first schedule hereto as may be suitable, and forthwith transmit the same to the Commissioner of the Gárda Síochána, to be backed as hereinafter mentioned. Provided always that in any case which shall appear to a Justice, by whom any warrant shall be issued, to be a case of emergency, he may address such warrant to any member of the Gárda Síochána within his District, and such member of the Gárda Síochána may execute such warrant at any place within the district in which the Justice issuing such warrant shall have jurisdiction, or, in case of fresh pursuit of any offender, at any place in the next adjoining district; but the member of the Gárda Síochána to whom any such warrant shall be so addressed, shall, if the time will permit, show or deliver the same to the Superintendent or other Officer under whose command the said member shall be, who shall proceed in respect to the same, according to the Acts regulating the Gárda Síochána.

Backing of warrants addressed to Gárda Síochána.

41. Whenever any warrant addressed to the Superintendent or other officer of the Gárda Síochána shall be so certified and transmitted to the Commissioner the manner in which it shall be backed for execution elsewhere shall be as follows:—

(a) Whenever it shall appear that the said person or his goods are to be found in any place in Saorstát Eireann the said Commissioner or any of the Deputy Commissioners or Assistant Commissioners of the Gárda Síochána may endorse the said warrant in accordance with such modification of Form XIV in the first part of the first schedule hereto, as may be suitable, and transmit the same to the Superintendent or other officer of the Gárda Síochána who shall act for such place, and the same shall be executed in like manner as a warrant addressed to him in the first instance.

(b) Whenever it shall appear that the said person is to be found in some place in England, Scotland or Northern Ireland or in the Isles of Man, Guernsey, Jersey, Alderney or Sark, the said Commissioner or any of the Deputy Commissioners or Assistant Commissioners shall in like manner as before endorse the warrant according to Form XIV in the first part of the first schedule hereto.

The provisions of this rule shall also apply to cases in which the Superintendent or other officer of the Gárda Síochána shall certify only that the signature to the warrant is genuine, but in which the place where the said person or his goods are to be found shall appear by other means than the said certificate.

Backing of warrants addressed to persons other than Gárda Síochana.

42. Whenever a warrant shall be addressed to any Under-Sheriff or person or persons other than the Gárda Síochána, and it shall appear that the person against whom the same shall have been issued or his goods, as the case may be, are not to be found within the district in which the Justice issuing the same shall have jurisdiction, but in some other place in Saorstát Eireann, the Justice of such last-mentioned place, upon receipt by him of such warrant from the Justice issuing same, shall back the same for execution in such place in like manner as is hereinbefore provided as to any warrant addressed to members of the Gárda Síochána.

Warrants when backer may be validly executed.

43. Whenever any warrant, addressed either to the Gárda Síochána or to any other person, shall be so endorsed by the said Commissioner or any of the Deputy Commissioners or Assistant Commissioners of the Gárda Síochána or by any other officer or Justice as aforesaid, it shall be a sufficient authority to the person bringing such warrant, and also to all members of the Gárda Síochána or to the Under-Sheriff or such other person of the county or place where such warrant shall be so endorsed, to execute the same by arrest, committal, or levy, as the case may be, within the jurisdiction of the said officer or Justice, and in case of a warrant to arrest any person, to convey him when arrested before the Justice by whom the same was issued, to be dealt with according to law. Provided always that if the prosecutor, or any of the witnesses for the prosecution, in cases of indictable offences, shall then be in the county or place where any person shall have been arrested under any warrant so backed as aforesaid, the member of the Gárda Síochána, or other person who shall have arrested such person may bring the person so arrested before the Justice for the District comprising such last-mentioned county or place, who may thereupon take the depositions of such prosecutor or witnesses, and proceed in every respect as hereinbefore directed with respect to persons charged before a Justice with an indictable crime or offence alleged to have been committed in any other district than that in which such person shall have been arrested.

Endorsement of warrants to arrest.

44. The aforesaid provisions as to the addressing and endorsement of warrants shall equally apply to any warrants for the arrest of any person charged with any indictable crime or offence for which he is punishable by law, whether the same shall be signed or endorsed or issued by a Justice of the District Court, or by a Judge of the Circuit Court or High Court or by a Peace Commissioner.

Fees payable to Under-Sheriff to be printed on warrants.

45. On every warrant for distress addressed to an Under-Sheriff by a Justice in cases of summary jurisdiction of a civil nature there shall be printed either at the end or on the back thereof a true copy of the fees payable to the Under-Sheriff for executing decrees and to the keepers of pounds for the charge of the goods seized as specified in any order dealing with same.

Manner in which distress and committals are to be made.

46. The manner in which distress and committals under warrants shall be made shall be as follows:—

(a) Whenever any warrant to levy any penal or other sum by distress shall be addressed to members of the Gárda Síochána, the sums levied under it shall be accounted for, under the provisions of the "Fines Act, Ireland, 1851"; but whenever any such warrant shall be addressed to any person other than a member of the Gárda Síochána, such person shall pay over the sum levied under it to the person who shall appear by such warrant to be entitled to the same, or in such other manner, and subject to such account of the same, as the Justice shall direct.

(b) In every case where a distress shall be made under any such warrant the person charged with its execution may sell the said distress within such period as shall be specially fixed by the said warrant, or if no period shall be so fixed, then within the period of five days from the making of the distress, unless the sum for which the warrant was issued, and also the expenses of taking and keeping the said distress shall be sooner paid; and in every case where he shall sell any such distress he shall render to the owner the overplus, if any, after retaining the amount of the said sums and charges.

(c) In every case where any person against whom any such warrant shall be issued shall pay or tender to the person having the execution of the same the sum in such warrant mentioned, or shall produce the receipt of the Clerk for the same, and shall also pay the amount of the expenses of such distress up to the time of such payment or tender, such person shall refrain from executing the same.

(d) In every case where any Superintendent or other officer of the Gárda Síochána shall be empowered to distrain any goods under such warrant, he may sell or cause the same to be sold by auction by any Sergeant of the Gárda Síochána, without procuring any licence to act as an auctioneer, and may deduct out of the amount of such sale all reasonable costs and charges actually incurred in effecting the same.

(e) In every case where any person, who shall be apprehended under any such warrant, shall pay or cause to be paid to the Governor of the Prison in which he shall be imprisoned the sum in the warrant mentioned, or such reduced sum as may be determined in accordance with the provisions of Section 3 of the Criminal Justice (Administration) Act, 1914, the said Governor shall receive the same, and shall thereupon discharge such person if he be in his custody for no other matter.

(f) Whenever the warrant shall be to commit any prisoner to prison the Sergeant or member of the Gárda Síochána or other person, whose duty it shall be to convey such prisoner to prison, shall deliver over the said warrant and the said prisoner to the Governor of the Prison, who shall thereupon give to such Sergeant, member or other person a receipt for such prisoner, which shall be in accordance with such modification of Form XV. in the first part of the first schedule hereto as may be suitable, setting forth the state and condition in which he shall have been delivered into the custody of such Governor.

Return to warrant.

47. Whenever the person to whom any warrant shall be so addressed, transmitted, or endorsed for execution shall be unable to find the person against whom such warrant shall have been issued, or his goods, as the case may be, or to discover, where such person or his goods are to be found, he shall return such warrant to the Justice for the district in which the same shall have been issued within such time as shall have been fixed by such warrant (or within a reasonable time, not exceeding six months where no time shall have been so fixed) and together with it a certificate, which shall be in accordance with such modification of Form XVI. in the first part of the First Schedule hereto as may be suitable, of the reasons why the same shall not have been executed; and such Justice may examine such person on oath touching the non-execution of such warrant, and re-issue the said warrant again, or issue any other warrant for the same purpose from time to time as shall seem expedient.

Recognizances.

48. Whenever any person shall be bound to appear, or to keep the peace, it shall be done by a separate recognizance, but whenever any person shall be bound to prosecute or to give evidence as a witness, it may be done either by recognizance at foot of the information or depositions, which shall be in accordance with such modification of Form XVII in the first part of the First schedule hereto as may be suitable, or by a separate recognizance at the discretion of the Justice or Peace Commissioner, and the taking of every recognizance shall be subject to the following provisions:—

(a) It shall be in such amount as the Justice or Peace Commissioner shall, in his discretion, think expedient.

(b) It shall particularly specify the profession, trade or description of every person entering into the same, together with his Christian name and surname, and the place in which he resides, and whether he is owner or tenant thereof, or a lodger or inmate therein.

(c) Every recognizance so taken, according to the form in the first part of the First Schedule hereto annexed, or to the like effect, either at foot of the information or deposition or by a separate form, shall have the like force and effect in binding the lands, tenements, goods, and chattels of the persons acknowledging the same, and in all other respects, which any recognizance now by law has.

And whenever the condition of any such recognizance shall be to appear at the Central Criminal Court or a Circuit Court, or at any place other than before any Justice, it shall be forwarded to the County Registrar as hereinbefore provided, and shall be liable, upon any breach of the condition thereof, to be estreated in the same manner as any forfeited recognizance to appear is now by law liable to be estreated by the Court before which the principal party thereto shall have been bound to appear. But whenever the condition of such recognizance shall be to keep the peace, or to appear before any Justice, or to perform the duties of a Pound Keeper, it shall be deposited with the Clerk for the Court Area by the Justice or Peace Commissioner by whom it shall have been taken, and upon non-performance of the condition thereof any Justice who may then be there present may certify on the recognizance the non-performance of the said condition, and thereupon the Justice sitting at the Court of the Court Area, and in open Court, upon proof of the non-performance of the said condition, may make an order to estreat such recognizance to such amount as he shall see fit, and issue a warrant, which shall be in accordance with such modification of Form XVIII. in the first part of the first schedule hereto as may be suitable, to levy such amount by distress and sale of the goods of the parties who shall have acknowledged the same. Provided always, that in every case where any Justice shall order any such recognizance to be estreated, it shall be first shown to his satisfaction that notice in writing (stating the general grounds on which it is intended to sustain the application) was served personally or left at the usual place of abode of the party, or of each of the parties if more than one, against whom it is sought to put such recognizance in force, at least seven days before the day on which the application to estreat such recognizance shall be made.

Justices' Minute Book.

49. There shall be kept by the Clerk of each Court Area a Book which shall be known by the title of the "Justices' Minute Book," in which shall be entered by the Clerk all summonses issued for hearing at the sittings of the Court for such Court Area together with all cases of the preliminary investigation of indictable offences and all cases heard by a Justice or Peace Commissioner out of Court. Provided however that in the Metropolitan District where Charge Sheets are now in use same may be continued in place of the Justices' Minute Book. Such Justices' Minute Book shall be in accordance with such modification of Form XIX. in the first part of the first schedule hereto as may be suitable.

Note of order to be made in Justices' Minute Book.

50. Upon his making any conviction or any order in a case the Justice shall make a note of such decision or order in the Justices' Minute Book or Charge Sheet and shall sign such note. The note to be so made by the Justice shall state in as concise a manner as possible the effect of the conviction or order made by him. Formal convictions or orders shall only be made up for the purposes of appeals or when otherwise necessary. Section 21 of the Petty Sessions (Ireland) Act 1851 is hereby modified accordingly.

Copy of conviction or order.

51. Any person interested may on demand and upon payment of the prescribed fee obtain from a Clerk a copy of the conviction, order, information, deposition or note of evidence made in any case of summary jurisdiction or indictable offence in the Court Area of such Clerk. The conviction or order shall be in accordance with such modification of Form XX. in the first part of the first schedule hereto as may be suitable, and shall be signed by the Justice making the conviction or by a Justice for the time being assigned to the district of such Justice. In cases of summary jurisdiction other than offence cases a copy of the warrant issued by the Justice or of the order signed by the Justice, where a particular form of order is required by law, may upon demand and upon payment of the prescribed fee by any person interested be given to him by the Clerk. Such copy of the warrant or order as the case may be shall, when certified as correct and signed by the Justice issuing same or by a Justice for the time being assigned to the District of such Justice, be accepted as evidence of the fact of such order having been made and of its contents.

Fees Book.

52. Fees prescribed by the Minister under the provisions of the Court Officers Act, 1926 , shall be paid to and collected by a Clerk before the issue or acceptance by him of any of the documents in respect of which such fees may be payable. The fees when collected shall be forthwith entered by him in a book to be kept for the purpose, and which shall be known as the "Fees Book." The said Fees Book shall be in accordance with such modification of Form XXII in the first part of the first schedule hereto as may be prescribed.

Fines and penal sums payable to Clerk.

53. All fines or penal sums including compensation and costs imposed or awarded in cases of summary jurisdiction by a Justice shall when collected be paid to the appropriate Clerk.

Accounting by Clerk.

54. Each Clerk shall account for all moneys received by him as such Clerk at the times and in such manner as may be prescribed by the Minister for Justice with the concurrence of the Minister for Finance.

Forms.

55. In all proceedings under this part of the Rules the several forms in the first part of the first schedule hereto contained, or forms to the like effect, shall be deemed good, valid, and sufficient in law, and shall be the proper forms to be used, even in cases in which other and different special forms shall be or shall have been provided by the particular Act or Acts under which the information or complaint shall be made; but no departure from any of the said first-mentioned forms, or omission of any of the particulars required thereby, or use of any other words than those indicated in such forms, shall vitiate or make void the proceedings or matter to which the same shall relate, if the form used be otherwise sufficient in substance and effect, and the words used clearly express the intention of the person who shall use the same; and it shall be sufficient in any of the forms provided by the first part of the first schedule to these Rules to state sums of money either in words or figures, according as the person using the same shall see fit. Provided always, that the sealing of any warrant or other form of procedure under these Rules shall not be necessary in addition to the signature of the Justice by whom the same shall be signed.

Meaning of terms "complainant," "complaint" and "order."

56. The prosecutor or party at whose instance the proceeding shall take place may be termed in such forms the "Complainant," whether he shall be an informant or prosecutor or otherwise; and the matter of the proceeding may be termed the "complaint" whether founded on an information or otherwise; and in summary proceedings the decision of the Justice may be termed his "Order" whether the same shall be a conviction or otherwise.

Receipts need not be stamped.

57. No receipt required to be given for money paid to or by a Clerk under regulations made under Rule 54 shall be subject to any stamp duty.

Extension of Rules to Revenue prosecutions.

58. Save as otherwise provided this Part of these Rules shall extend to any information or complaint or other proceeding under or by virtue of any of the Acts relating to Excise or Customs, Stamps, Taxes, or Post Office, or relating to the Preservation of Game or Fish.

Variances between complaint and evidence not to be deemed material.

59. In cases of summary jurisdiction no variance between the information or complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint shall be alleged to have been committed or to have arisen, shall be deemed material, if it be proved that such information or complaint was in fact laid or made within the time limited by law for laying or making the same; and any variance between such information or complaint and the evidence adduced in support thereof, as to the place in which the same shall be alleged to have been committed or to have arisen, shall not be deemed material, provided that the said offence or cause of complaint be proved to have been committed or to have arisen, or that the Defendant has been arrested or resides within the jurisdiction of the Justice by whom such information or complaint shall be heard and determined; and no objection shall be taken or allowed in any proceedings to any information, complaint, summons, warrant, or other form of procedure under these Rules, for any alleged defect therein in substance or in form, or for any variance between any information, complaint, or summons, and the evidence adduced on the part of the Complainant or Prosecutor at the hearing of the case in summary proceedings, or at the examination of the witnesses by a Justice in proceedings for indictable offences. Provided always, that if any such variance or defect shall appear to the Justice at the hearing to be such that the defendant has been thereby deceived or misled, such Justice may, upon such terms as he shall think fit, adjourn the hearing of the case to some future day, and in the meantime, in cases of proceedings for offences, commit the said Defendant to prison, or discharge him, upon his entering into a recognizance conditioned for his appearance at the time and place to which such hearing shall be so adjourned.

60. Nothing in this Part of these Rules shall affect or abridge the power of a Justice when a person shall be brought before him for any offence against the Acts relating to Customs or Excise to proceed summarily upon the case pursuant to the provisions of such Acts without an information or complaint being made or a summons or a warrant of arrest being issued in the first instance.

PART II. Civil Proceedings.

(a) GENERAL.

Sittings and court areas.

61. Courts for the hearing of civil proceedings shall be held by Justices in the several court areas, and at such times, dates, and places as may be prescribed by the Minister under the provisions of the Court Officers Act, 1926 .

Civil process.

62. Save as hereinafter provided all civil proceedings shall be originated by the issue and service in manner hereinafter provided of a civil process, which shall be in accordance with such modification of Form I. in the second part of the first Schedule hereto as may be suitable.

Exercise of jurisdiction.

63. The jurisdiction of a Justice in civil proceedings shall be exercised by him within his district as follows, namely—in the court area for civil proceedings wherein the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation. Provided that nothing herein contained shall deprive such Justice of the right to adjourn a case from any one court area to another within his district if he shall see fit.

Order of hearing of civil processes.

64. Save as in Rule 108 hereof is hereinafter provided all civil processes shall be heard and determined at every District Court in alphabetical order according to the surnames of the plaintiffs or their Solicitors, as the Justice may direct, or in the Metropolitan District as the Senior Justice may direct, and shall be entered accordingly in the Civil Process Book by the Clerk. Provided that in any case or cases where the Justice or said Senior Justice shall see fit he may vary the mode of entry.

Signing of Civil process.

65. Each civil process shall be signed by the plaintiff in person, or by his solicitor, or firm of solicitors, or by some person duly authorised by such solicitor or firm of solicitors.

Civil Process Book to be kept by Clerk.

66. A book shall be kept by the Clerk, to be called the " Civil Process Book," which shall be in accordance with such modification of Form II in the second part of the first schedule hereto as may be suitable, and in which the Clerk shall enter all civil proceedings other than ejectments made returnable to any particular court, which book every person shall have liberty to inspect and examine, on payment to the Clerk of the prescribed fee.

Particulars in actions on promissory notes, etc.

67. In actions on bills of exchange, promissory notes, or other securities for money the civil process shall set forth the dates of the same respectively, the sum for which the same were respectively given and the sum claimed to be due thereon for principal and interest, the parties to the same respectively and the periods when the same respectively became due and payable.

Particulars in proceedings for rent.

68. In all proceedings for rent and for use and occupation the civil process shall state the amount claimed for rent and the period up to which the same is alleged to be due, the name of the townland and the county, the district and court area in which the lands or tenements or part thereof shall be situate, and when brought upon a lease or other instrument the date and the parties thereto respectively.

Particulars in proceedings founded on a written document.

69. In all proceedings founded upon any written document not included in the two preceding rules the civil process shall state the date of the document and the parties to same and, if for the payment of money, the amount claimed, or, if for the breach of any contract, the alleged breach or breaches of such contract.

Assignee of a debt must give particulars of assignment.

70. In all proceedings where the assignee of any debt or other chose-in-action sues he shall state in the civil process the name and description of the assignor.

Particulars of demand in proceedings for recovery of book or shop debts.

71. In all proceedings for the recovery of book or shop debts or other running accounts the plaintiff shall furnish full particulars of his demand within a reasonable period before or at the time of the service of the civil process unless the Justice shall consider it to have been unnecessary.

Where particulars not furnished adjournment may be granted.

72. When particulars have not been furnished in compliance with the preceding rules the Justice may, upon such terms as to costs or otherwise as to him shall seem fit, adjourn the case and order sufficient particulars to be delivered.

Time for service.

73. Service of a civil process shall be effected ten clear days at least before the sitting of the court to which such civil process shall be made returnable.

Mode and proof of service.

74. A civil process shall be served by a person appointed a summons server in the manner provided by Rule 15 hereof governing the service of summonses in summary proceedings, and proof of such service shall be given in the manner in Rule 16 prescribed.

Service upon wife, etc., of defendant outside dwelling-house.

75. If the wife, child, father, mother, brother or sister or other relative of the defendant in any civil process, or of his wife or any servant of the defendant, who respectively usually resides with the said defendant, shall be outside the dwellinghouse or place of residence and within reasonable distance thereof, it shall and may be lawful to deliver to the said wife, child, father, mother, brother, sister or other relative of the said defendant or of his wife, being of the age of sixteen years or upwards, so usually residing with the said defendant, or to such servant of the said defendant, a copy of the said civil process for the said defendant outside the dwelling-house or place of residence of the said defendant, and within such distance as aforesaid from the same, and such service of the civil process shall be deemed as good and effectual to all intents and purposes as if the service on any of said parties of said copy of said process had been effected within such dwelling-house or place of residence. Provided always that at the time of such service personal service on the defendant or service on any person within such dwelling-house, lodging, or place of residence could not have been effected.

Service by posting a copy of the civil process on courthouse.

76. In any case including ejectments where it shall appear to a Justice on examination on oath in open court that any officer appointed to serve the civil processes of the Court has been prevented by forcible resistance or by reasonable apprehension of personal injury from effecting service of any civil process or that the defendant has been evading service, such Justice may in every such case direct by an order to be signed by him and entered in the Civil Process Book or Ejectment Book, as the case may be, that posting a copy of the civil process on the courthouse in which the court may be then sitting, and on the usual place for posting notices in the nearest market town to the residence of the defendant named in such process, or one of the defendants if there be more than one, or sending a copy of the civil process by prepaid post to the defendant at least fourteen days before the day of the holding of the Court to which such civil process shall be made returnable, shall be deemed good service of such civil process, and at foot of every such copy shall be affixed a notice that the same is so posted or sent by post by order of the said Justice, and that such posting or sending by post will be held good service thereof. And on it being proved to the satisfaction of the Justice at the court for the court area to which such civil process has been made returnable that such copy and notice have been so duly posted or sent by post, such Justice may proceed to hear and determine such civil process in all respects as if the same had been personally served on the defendant or defendants named therein.

Fees payable in respect of service.

77. The fee payable to any summons server in respect of the service of any document in connection with civil proceedings in the District Court shall be 1s. 6d.

Payment by defendant before entry.

78. Upon payment by a defendant within five days of the service upon him of such civil process or before the entry thereof of the amount sued for and of the appropriate costs as set forth in the second schedule hereto all further proceedings shall be stayed.

Defence of tender.

79. Where the defence is a tender, such defence shall not be available unless before or at the hearing of the case the Defendant lodges with the Clerk the amount alleged to have been tendered, together with the costs of the proceedings up to the time of tender, if the same was made after action brought.

Proceedings on behalf of or against an infant.

80. Where any proceedings are brought before a Justice on behalf of or against an infant the Justice may, by an order in writing under his hand, appoint a next friend or guardian ad litem to act for or on behalf of such infant, and change any such next friend or guardian ad litem when appointed, and appoint another in his place, and the Justice may also direct any money or other personal property to which such infant may be declared entitled in such proceedings to be secured or invested for the benefit of such infant in such manner as the Justice shall consider advisable.

Service out of the jurisdiction of a Justice.

81. In cases where two or more persons are joined as defendants, and one of such defendants resides within the district of a Justice, and the other in some other part of Saorstát Eireann, upon the defendant within the jurisdiction of such Justice having been served, a copy of the civil process may be served upon such defendant residing out of the jurisdiction of such Justice, and upon such service having been effected such defendant shall be as effectively bound by the proceedings as if he resided or carried on any profession, business or occupation within the district of such Justice.

Mode of service out of the jurisdiction of a Justice.

82. In cases within the preceding rule service out of the jurisdiction shall be effected by some summons server of the court area in which the defendant resides or carries on any profession, business or occupation, and such service shall be proved in the manner already provided by Rule 16 hereof.

Justice may make decree or dismiss.

83. A Justice shall have full jurisdiction in all cases coming before him to make a decree or to dismiss either on the merits or without prejudice.

Preparation and signing of decree.

84. The decree in civil proceedings other than proceedings for the recovery of any tax or duty under the management of the Revenue Commissioners shall be in accordance with such modification of Form III in the second part of the first schedule hereto as may be suitable. In every case the decree shall be prepared by the successful party or his solicitor, and shall be lodged with the Clerk. The decree shall be signed by the Justice and the party taking out same, or his solicitor or firm of solicitors.

Proceedings for recovery of tax or duty.

85. In proceedings for the recovery of any tax or duty under the management of the Revenue Commissioners the civil process shall state the nature of the claim and the amount claimed to be due in respect thereof. The decree in such cases shall be in accordance with such modification of Form XX in the second part of the first schedule as may be suitable.

Fees payable to Under-Sheriffs to be printed on decrees.

86. On every decree or dismiss made by a Justice in civil proceedings there shall be printed either at the foot or on the back thereof a true copy of the fees payable to the under-sheriff for executing decrees, and to the keepers of pounds for the charge of the goods seized, as specified in any order dealing with same.

Under Sheriff's warrant.

87. A warrant shall be added to all decrees and dismisses in the form following or as near thereto as may be:

" County of

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I authorise and empower A.B. of

to Wit.

and C.D. of Court Messengers, or

either of them, and their assistants to execute the above decree.

"Given under my hand this   day of

192

Under-Sheriff of the said County

The sum to be levied hereunder is £

UNDER-SHERIFF.'

Such warrants shall not be addressed to any other persons than the court messengers to be appointed by the under-sheriffs.

Decree or dismiss to remain in force for six years.

88. Every decree other than a decree made in proceedings for the recovery of any tax or duty under the management of the Revenue Commissioners and dismiss made and signed by a Justice shall be in full force and effect for a period of six years from the date thereof, and such decree or dismiss may be executed at any time within the said period of six years. After the said period of six years from the making of the said decree or dismiss the same shall be absolutely extinguished and shall not be capable of being enforced by any proceeding whatsoever. If during the said period of six years any change has taken place by death or otherwise in the parties entitled or liable to execution the party alleging himself to be entitled to execution may apply to a Justice by notice of motion to be served on the party alleged to be liable to execution, which shall be in accordance with such modification of Form VIII. in the second part of the first schedule hereto as may be suitable, for leave to issue execution accordingly, and such Justice, if satisfied that the party so applying is entitled to issue execution, may make an order to that effect and may impose such terms as to costs or otherwise as to him shall appear just, and may amend the original decree to give effect to any order so made by him.

No cause of action to be split or divided to enable its being brought in the District Court.

89. No cause of action in the whole amounting to a sum beyond such sum as may be recoverable in the District Court by force of the Courts of Justice Act, 1924 , shall be split or divided so as to be made the ground of two or more different actions in order to bring such cases within the jurisdiction of the District Court, and if any Justice shall find that the plaintiff in such cases shall have split his cause of action as aforesaid he shall dismiss every such action with costs without prejudice, however, to the plaintiff's right to sue upon such cause of action in any other court and in such manner as he lawfully may. Provided always that if a plaintiff shall be satisfied to recover such sum as the jurisdiction conferred upon the District Court by the Courts of Justice Act is made to extend to, and shall state upon the face of the civil process that he abandons all claims to any larger amount the Justice may, if such plaintiff shall satisfactorily prove his case, make and pronounce one decree for such sum as shall in such case be demanded by the process so as such sum does not exceed the jurisdiction conferred upon the District Court, and the same shall be expressed in such decree and shall be in full discharge of the whole of such demand

Instalment decree.

90. Where a Justice in exercise of the powers conferred upon him by section 21 of the Enforcement of Court Orders Act, 1926 , stays execution upon terms as to the payment by instalments by the defendant of the debt or damages and costs he shall order by a note in the margin of the decree the time or times when, and by what instalments, the debt or damages and costs shall be paid, and such decree shall not be executed against the defendant until after default in payment of some instalment according to such order.

Where more than one defendant decree may be granted against any one or more.

91. A Justice upon the hearing of any civil process where there shall be more than one defendant may grant a decree with costs against one or more of such defendants and grant a dismiss as to the other or others of the defendants either with or without costs as he shall think fit.

Cross decrees may be set off.

92. If cross decrees shall be pronounced or made by a Justice between the same parties or shall be at the same time unexecuted or only partially executed the Justice may, on the application of either party, order that such decrees shall be set off against each other, and if of unequal amounts that a decree only upon which the larger sum shall be due shall be issued or executed as the case may be, and that the same shall be issued or executed only for such sum as shall remain due after deducting the sum due upon the other decree.

Witnesses' expenses and costs.

93. A Justice in hearing and determining any civil process shall have jurisdiction to grant to the successful party such witnesses' expenses as to him may seem reasonable, and shall grant such costs as shall be in accordance with the scale set forth in the second schedule hereto.

Witness summons.

94. For the purpose of procuring the attendance of witnesses in civil proceedings a Clerk upon the request of any person, a party to any proceeding by civil process, or his solicitor, may issue a summons, which shall be in accordance with such modification of Form IV. in the second part of the first schedule hereto as may be suitable, directed to any person in Saorstát Eireann requiring him personally to appear and give evidence at the time and place named therein. Such summons shall be served and proof of such service shall be given in the manner provided by Rules 15 and 16 hereof. In case any such person so served with any such summons without sufficient cause shall not attend pursuant thereto and produce any documents, papers or licence required by such summons to be produced, he shall be guilty of contempt of court, and a Justice, upon the complaint of the party at whose instance such person has been summoned as witness, may issue a summons directed to such person requiring him to attend at a sitting of the Court for the hearing of cases of summary jurisdiction in the Court Area in which the Justice is then sitting, and may upon the day to which such summons shall be made returnable hear and determine such complaint under the provisions of section 9 of the Petty Sessions (Ireland) Act, 1851, as adapted.

Power to adjourn hearing.

*95. A Justice may in any case make orders for granting time to the plaintiff or defendant to proceed in the prosecution or defence of any civil process and also may from time to time adjourn the hearing or the further hearing of any civil process with such costs of the day and witnesses expenses as to the said Justice may seem fit.

Entry for hearing.

96. The originals of all civil processes intended for entry or to be proceeded on at the Court shall be delivered by the party or his Solicitor, entering the same, to the Clerk arranged in alphabetical order according to the surname of the plaintiff or of the first plaintiff (if more than one) three days at least before the sitting of the Court to which the same shall have been made returnable.

Entry of defence.

97. A solicitor or party shall three days at least before a sitting of the Court deliver to the Clerk a list arranged in alphabetical order of all cases in which he shall have been instructed by defendants to defend or in which he shall be defendant. The solicitor so entering the defence shall be deemed to be the solicitor on record for the defendant.

Late entry.

98. No civil process or defence shall be entered for hearing or received by the Clerk after the time specified by these rules without the special order of the Justice.

*As to Rule 95, see terms of Seanad Resolution on fly-leaf.

Procedure on original civil process not having been duly stamped.

99. If it shall appear to a Justice upon the hearing of any civil process that any original civil process shall not have been duly stamped or had been previously used as a civil process in any other suit, the said Justice shall forthwith dismiss said civil process and direct that the original civil process so wanting the said stamp shall be held and impounded by the Clerk.

Particulars to be set out in civil process, decree, and dismiss.

100. Every civil process and decree or dismiss thereof shall contain the surname, christian name, or name and style in which the debt was contracted, addition and last known place of residence of the parties, plaintiffs and defendants, and in case of the omission thereof any such civil process, decree, or dismiss, unless amended under these Rules, shall be null and void to all intents and purposes whatsoever. Provided always that it shall be sufficient to describe corporate bodies or companies, whether plaintiffs or defendants, by the proper and respective titles in which they are entitled to sue or be sued without inserting any addition or place or residence, and where the Attorney-General or any Minister of Saorstát Eireann shall be a party on behalf of the State it shall not be necessary to set forth his addition or residence.

Form of dismiss.

101. Every dismiss made and signed by a Justice and not otherwise provided for shall be according to such modification of Form V. in the second part of the first schedule hereto as may be suitable.

(b) DEFAULT PROCEDURE.

Default affidavit and notice.

102. In any suit for a debt or liquidated money payment the plaintiff instead of issuing a civil process in the ordinary form may, upon lodging with the Clerk an affidavit to the effect set forth in Form VI. in the second part of the first schedule hereto, issue a process to which shall be annexed a notice, which shall be in accordance with such modification of Form VII. in the second part of the first schedule hereto as may be suitable, and if such last mentioned process and notice be issued they shall be personally served on the defendant fourteen days at least before the sitting of the Court at which the defendant shall be by such process required to appear, and if the defendant shall not within seven days after service of such process and notice, excluding the day of service, give to the Clerk a notice in writing of his intention to defend, signed by himself or his solicitor, the Justice may at such Court upon proof in the manner provided by these Rules of the personal service of such process and notice and upon reading the affidavit lodged as aforesaid make a decree against the defendant for the amount of the plaintiff's claim and costs.

Defence to default and process.

103. Where the defendant has given such notice of his intention to defend the Clerk shall, immediately upon the receipt of such notice, send a letter to the plaintiff or his solicitor by post stating therein that the defendant has given such notice. Where the defendant has neglected to give such notice of defence within the time limited but shall appear at the Court and prove to the satisfaction of the Justice that he has just grounds of defence in law or upon the merits and satisfactorily explains his neglect, the Justice may, upon such terms as to him may seem just, adjourn the hearing either to the next court for the court area in which he is then sitting or to any other Court within his district, of which adjournment the Clerk shall in the manner aforesaid give notice to the plaintiff or to his solicitor. Where the defendant shall have given notice of defence or shall have obtained an adjournment as aforesaid the process shall be entered, tried and determined in the same manner as if the same had been issued in the ordinary form and, if a decree shall be made for the full amount of the plaintiff's claim, but not otherwise, the plaintiff shall, in addition to the ordinary costs, be entitled to such sum for the costs of the process and notice and of the affidavit aforesaid as shall be prescribed in the second schedule hereto.

Rehearing of default case.

104. In any case in which it shall be shown to the satisfaction of a Justice by the defendant against whom any decree by default may have been obtained that such decree was obtained by fraud, misrepresentation, surprise or mistake, the defendant may apply for and obtain a rehearing of the case, and upon such rehearing any such decree may be affirmed, varied or rescinded with such costs and expenses of the rehearing as to the Justice may seem fit.

Motion for rehearing.

105. Application for a re-hearing shall be made by motion to the Justice sitting for the court area in which the decree has been obtained. Notice of such motion, which shall be in accordance with such modification of Form VIII in the second part of the first schedule hereto as may be suitable, shall be lodged with the Clerk and shall be served on the plaintiff or his solicitor, in case he appeared at the original hearing by a solicitor, within five clear days after the date upon which the decree was pronounced.

Particulars to be set out in notice of motion.

106. The notice in the last rule mentioned shall be signed by the defendant, or by a solicitor on his behalf, and shall state the particular grounds upon which the rehearing is sought and the nature of the fraud, misrepresentation, surprise or mistake relied on, and the date upon which the motion will be moved, which shall be the day upon which the Justice next sits for the disposal of civil cases in the court area in which the decree has been pronounced.

Stay of proceedings.

107. The service of the notice of motion shall not operate as a stay of proceedings in the action unless the defendant lodges with the Clerk together with the original of the notice of motion the amount for which the decree was made and costs.

(c) OBTAINING JUDGMENT IN OFFICE.

Special default civil process may be issued in certain areas.

108. In any suit for a debt or liquidated money payment where the defendant ordinarily resides or carries on any profession, business or occupation within the Metropolitan District, or District No. 29, or within the Limerick City court area for the hearing of civil cases in District No. 19, or within the Waterford court area for the hearing of civil cases within District No. 23 the plaintiff may issue a special default civil process, which shall be in accordance with such modification of Form IX in the second part of the first schedule hereto, as may be suitable, requiring the defendant within ten days after the personal service thereof upon him, in case he intends to contest the plaintiff's claim, to deliver to the Clerk a notice stating that he intends to defend the action. In all cases where such special default civil process shall be served the original of same with proof of service endorsed thereon, as provided by Rule 16 hereof, shall be lodged with the Clerk within three days from the service thereof having been effected. In the event of the defendant failing to give such notice within the time aforesaid the plaintiff's solicitor or firm of solicitors shall be at liberty to mark judgment in the office by producing or sending by post to the Clerk (1) an affidavit of debt made by the plaintiff or someone on his behalf verifying the cause of action, such affidavit to be sworn within a period of seven days before same shall be lodged with the Clerk; (2) a requisition for judgment, which shall be in accordance with such modification of Form X in the second part of the first schedule hereto as may be suitable, signed by the plaintiff's solicitor or firm of solicitors setting forth the names, addresses and descriptions of the plaintiff and the defendant and the amount due; (3) a completed form of decree signed by the plaintiff's solicitor or firm of solicitors. Whereupon such decree shall be signed by the Justice for the amount of the debt then due and for the appropriate costs as provided in the second schedule hereto. The documents aforesaid shall in the Metropolitan District be lodged with or sent by post to the Clerk at his office at Inns Quay, Dublin, on any week-day, save Saturday, between the hours of 11 a.m. and 2 p.m. Provided always that any such special default civil process shall, if the Justice, or, in the Metropolitan District, the Senior Justice, in his discretion shall so direct, be entered for hearing, and if the Justice before whom such case shall come shall so order it shall be necessary for the plaintiff therein or someone on his behalf to prove the debt in open court.

Notice of hearing to be given by Clerk.

109. Where the notice aforesaid shall be delivered to the Clerk by the defendant the Clerk shall at the latest seven days before the date fixed for the hearing send to the plaintiff's solicitor or firm of solicitors and to the defendant or his solicitor a notice, which shall be in accordance with such modification of Form XI in the second part of the first schedule hereto as may be suitable, setting forth the place and date of hearing of the action before the Justice.

Procedure on defendant giving notice admitting plaintiff's claim.

110. In the event of the defendant sending to the Clerk a notice admitting the whole or part of the plaintiff's claim in the action and offering to pay the amount admitted at such time or by such instalments as shall be specified in his notice, the Clerk shall forthwith transmit to the plaintiff's solicitor or firm of solicitors a notice of such admission and offer, which shall be in accordance with such modification of Form XII in the second part of the first schedule hereto, as may be suitable. Upon the plaintiff's solicitor or firm of solicitors consenting to the payment of the amount claimed at the time or by the instalments set forth in the defendant's notice and forwarding to the Clerk a requisition for judgment and a completed form of decree providing for the payment of the admitted amount of the debt at the agreed time or by the agreed instalments, such decree shall be signed by the Justice for the amount of the debt admitted and the appropriate costs as provided in the second schedule hereto. Should the plaintiff's solicitor not accept in satisfaction of the plaintiff's claim the part of the debt admitted by the defendant or be unwilling to accept the mode of payment offered by the defendant, the case shall be set down for hearing before the Justice for a decision as to the issues in dispute between the parties whereupon the steps provided in Rule 109 hereof shall be taken by the Clerk. In the event of the issue being as to whether an amount admitted by the defendant should be accepted in satisfaction of the plaintiff's claim and the Justice deciding in the defendant's favour he shall award the costs of hearing less the costs incurred by the plaintiff in originating the proceedings as provided in the second schedule hereto to the defendant, and in making his decree shall set same off against the admitted amount of debt.

Clerk to keep Summary Judgment Book.

111. The Clerk shall keep a book which shall be known as the "Summary Judgment Book" and in which shall be entered particulars of any suit in which judgment has been entered in the office in accordance with the preceding rules. Such Summary Judgment Book shall be in accordance with such modification of Form XIII in the second part of the first schedule hereto as may be suitable.

(d) EJECTMENTS.

Ejectment for overholding.

112. The civil process in ejectment for overholding shall be in accordance with such modification of Form XIV in the second part of the first schedule hereto as may be suitable. The decree in such cases shall be in accordance with such modification of Form XV in the second part of the first schedule hereto as may be suitable.

Ejectment for non-payment of rent.

113. The civil process in ejectment for non-payment of rent shall be in accordance with such modification of Form XVI in the second part of the first schedule hereto as may be suitable. The decree in such cases shall be in accordance with such modification of Form XVII in the second part of the first schedule hereto as may be suitable.

Ejectment Book to be kept by Clerk.

114. The Clerk shall enter in a book to be known as the Ejectment Book, which shall be in accordance with such modification of Form XVIII in the second part of the first schedule hereto as may be suitable, all decrees in ejectment which shall be made, and which entries shall specify the names of the plaintiffs and defendants and the tenements recovered, as the same shall be specified in the civil process concerning the same, which book every person shall have liberty to inspect and examine on payment to the Clerk of the prescribed fee.

Service of civil process in ejectment.

115. Every civil process brought for the recovery of the possession of any lands, tenements or hereditaments, shall be duly served upon all and every person or persons who shall be in the actual possession of the lands, tenements or other hereditaments specified in and claimed by any such process as tenant, under-tenant, caretaker or servant, and if there be not any person in the actual possession of any such lands, tenements or hereditaments, the affixing of such civil process to or upon some conspicuous part of the premises so claimed and upon the outside of the courthouse, wherein the court to which such process shall have been made returnable shall be held, shall be and be deemed to be good and sufficient service of such civil process.

Service where defendant does not reside on premises of which possession is sought.

116. Whenever it shall happen that the defendant in any ejectment proceeding brought for the recovery of any lands, tenements or hereditaments shall not be resident on such lands, tenements or hereditaments, the delivery of any notice or civil process to such defendant in person or at the dwelling-house or place of residence of such defendant, to the wife or husband, or to any child or servant of such defendant, or to the father, mother, sister or other relation of said defendant, or of the wife or husband residing with the said defendant, and being of the age of sixteen years or upwards, shall in all cases be deemed good and sufficient service of any such notice or civil process, although such defendant or defendants shall not be resident or his or their dwelling-house or houses or places of residence shall not be situate, on the lands or tenements comprised in such ejectment or to which such notice or civil process shall relate; and if a defendant shall have gone out of Saorstát Eireann and shall have left the wife or husband or any member of his or her family residing in the dwelling-house usually occupied by him while in Saorstát Eireann, service of the civil process in ejectment upon the wife or husband or any member of his or her family being of the age aforesaid, at such dwelling-house, shall be deemed and taken as good service of the process upon the defendant, so as to enable the landlord or owner to obtain a decree for the possession of the said lands.

Particulars to be set out in civil process in ejectment.

117. In every ejectment the civil process shall specify the names of the landlord or lessor and tenant or tenants, respectively, the nature of the tenancy, the description of the premises and the places wherein the same shall be respectively situated and the rent at which the same shall be then or shall have been last holden, and in cases where the proceedings shall be grounded upon the tenancy having determined, the fact of the determination of such tenancy and the means by which the same shall have been determined, and refusal to deliver up possession, and in cases where the proceedings shall be grounded upon the non-payment of rent the amount of the rent due after all fair and just allowances, and up to what gale day due.

Proof by affidavit in undefended ejectments for non-payment of rent.

118. In ejectments for non-payment of rent the Plaintiff shall be at liberty to prove the nature and conditions of the tenancy and the amount of rent due by affidavit sworn by him or by his agent thereunto authorised and filed by his Solicitor with the Clerk, and upon reading such affidavit and if the Defendant shall not enter a defence and appear and give evidence the Justice may make a decree without requiring the attendance of the Plaintiff.

Certificate of payment of rent and costs.

119. A defendant in any ejectment for non-payment of rent may, five days previous to the day on which by the process he is required to appear, deposit with the Clerk the rent together with the sum mentioned on said process for costs for which deposit the Clerk upon payment of the appropriate fee, shall give to the defendant a certificate, which shall be in accordance with such modification of Form XIX in the second part of the first schedule hereto as may be suitable, and also a duplicate of such certificate. A copy of such certificate shall be entered by the Clerk in the Ejectment Book.

Where premises situate in two or more districts proceedings may be brought in any one of such districts.

120. If any lands, tenements or hereditaments touching which any proceedings by civil process shall be had shall be situate in two or more districts such proceedings shall be in any one of such districts.

Where more than one defendant costs may be awarded against any one or more.

121. A Justice upon the hearing of any ejectment where there shall be more than one defendant, upon his pronouncing a decree, may order and direct that the costs of such ejectment proceeding shall be paid by and recovered from one or more of such defendants by name and not from the other or others of them.

(e) ENFORCEMENT OF COURT ORDERS ACT, 1926 PART II.

Definition.

122. The expression " the said Act " in Rules 122 to 138 hereof inclusive shall mean the Enforcement of Court Orders Act, 1926 .

Application for examination order.

123. An application for an examination order under section fifteen of the said Act shall be made by the creditor, by himself or his solicitor, without any notice to the debtor, attending before a Justice sitting for the Court Area for the hearing of cases of summary jurisdiction or of civil proceedings within which the debtor ordinarily resides, and by evidence upon oath, either viva-voce or on affidavit, and by the production of the original or a certified copy of the judgment or order of the competent court upon which he relies, satisfying such Justice that he is entitled to have such examination order made.

Affidavit grounding application.

124. An affidavit grounding an application for an examination order may be sworn before a Justice or a Commissioner for Oaths. The original of such affidavit shall be lodged with the Clerk prior to the making of the application and shall be retained by him. The affidavit shall be entitled as in Form XXI in the second part of the first schdule hereto is set forth, and shall contain any averments rendered necessary by section fifteen of the said Act.

Examination order.

125. Upon his being satisfied that a creditor is entitled to have an examination order made, a Justice shall, without any notice to the debtor, forthwith make and issue the same order, which shall be in accordance with such modification of Form XXII in the second part of the first schedule hereto as may be suitable. A Justice, in making and issuing such order, shall issue and sign an original order and a copy order.

Examination order to command attendance of debtor.

126. An examination order shall, unless the creditor makes an application to the contrary, command the attendance of the debtor at the next available sitting of the court, or in the Metropolitan District at such sitting not later than four weeks from the date of the application as the Justice shall determine, having regard to the time for service hereinafter provided, for the Court Area for the hearing of cases of summary jurisdiction or of civil proceedings in which the debtor ordinarily resides.

Service of examination order.

127. An examination order shall be served upon the debtor personally fifteen clear days at least before the sitting of the Court at which the debtor's attendance is required. Provided that on proof to his satisfaction that the debtor has been evading service the Justice may order that the examination order be served in the manner provided in Rule 15 hereof, and may without further evidence issue a fresh examination order for service.

Statement of means.

128. A copy of the statement of means lodged by a debtor shall, on demand made by him, be furnished to a creditor by the Clerk and a creditor or his solicitor may attend at the office of a Clerk and inspect and take copies of the statement of means lodged by a debtor.

Order for imprisonment under Section 16 of Act.

129. An order for arrest and imprisonment to be made by a Justice under section sixteen, sub-section two, of the said Act shall be in accordance with such modification of Form XXIII. in the second part of the first schedule hereto, as may be suitable.

Order for payment of debt and costs.

130. An order for payment of debt and costs to be made by a Justice under section seventeen of the said Act shall be in accordance with such modification of Form XXIV. in the second part of the first schedule hereto, as may be suitable. A Justice shall issue and sign an original and a copy of such order. The copy of such order shall, when issued, be forthwith served on the debtor.

Application for committal.

131. An application by a creditor under section eighteen, subsection one, of the said Act shall be by summons, which shall be in accordance with such modification of Form XXV. in the second part of the first schedule hereto, as may be suitable. Such summons may be issued and signed by a Justice, a Peace Commissioner, or a Clerk. An original and a copy of such summons shall be issued, and the copy shall be served upon the debtor seven days at least before the sitting of the Court to which the summons shall be made returnable.

Order for imprisonment under Section 18 of Act.

132. An order for the arrest and imprisonment of a debtor to be made by a Justice under section eighteen, sub-section one, of the said Act shall be in accordance with such modification of Form XXVI. in the second part of the first schedule hereto, as may be suitable.

Justice to be satisfied of due service of order upon debtor.

133. Before making an order for the imprisonment of a debtor under section eighteen, sub-section one, of the said Act a Justice shall be satisfied of the due service upon the debtor of any order made against him under section seventeen of the said Act, of the debtor's failure to comply with such order, and (in the event of the debtor's failing to appear) of due service upon the debtor of the summons mentioned in Rule 131 hereof.

Payment by or on behalf of debtor subsequent to committal.

134. Where, subsequent to the arrest and imprisonment of a debtor under section eighteen, sub-section one, of the said Act, the amount of debt and costs specified in the order of arrest and imprisonment is paid to the Clerk, he shall deliver a certificate of payment to the person making the payment on behalf of the debtor, and shall forthwith forward by prepaid post a similar certificate of payment to the Governor of the prison in which the debtor is imprisoned and to the creditor or his solicitor respectively. Such certificate of payment shall be in accordance with such modification of Form XXVII. in the second part of the first schedule hereto, as may be suitable.

Order for imprisonment effective for one year.

135. An order for the arrest and imprisonment of a debtor made by a Justice of the District Court under section sixteen or section eighteen of the said Act shall remain in full force and effect for a period of one year from the date thereof.

Certificate of refusal.

136. Where a Justice has refused an application for an examination order the applicant shall be entitled to obtain from the Clerk a certificate of refusal which shall be in accordance with such modification of Form XXVIII. in the second part of the first schedule hereto, as may be suitable. Such certificate shall be signed by the Justice.

Evidence.

137. All evidence, other than documentary, produced before a Justice in the course of proceedings under sections sixteen, seventeen and eighteen of the said Act shall be given viva-voce and upon oath.

Service of summons.

138. Any order or summons required to be served upon a debtor shall be served by a person appointed a summons server in the manner provided by Rule 15 hereof, and proof of such service shall be given in the manner in Rule 16 prescribed.

(f) INTERPLEADER.

Notice of claim.

139. Where a claim is made to or in respect of any goods or chattels not exceeding £25 in value taken in execution or intended execution by an Under Sheriff under an execution order, it shall be in writing and in accordance with such modification of Form XXIX. in the second part of the first schedule hereto as may be suitable. Such notice of claim shall contain an address in Saorstát Eireann for service of the claimant and his full name and description. Upon the receipt of such a claim the Under Sheriff shall forthwith send to the execution creditor a notice, which shall be in accordance with such modification of Form XXX. in the second part of the first schedule hereto as may be suitable. When the execution order is for the recovery of any tax or duty under the care or management of the Revenue Commissioners the notice to be sent to the execution creditor shall be transmitted to the Solicitor who handed the execution order to the Under Sheriff.

Notice by execution creditor to Under Sheriff.

140. Within two days after receiving the notice mentioned in the preceding rule hereof the execution creditor or his Solicitor shall give notice to the Under Sheriff whether he disputes or admits the title of the claimant to the goods or chattels or requests the Under Sheriff to withdraw from possession. The notice to be so given by the execution creditor shall be in accordance with such modification of Form XXXI. in the second part of the first schedule hereto as may be suitable.

Deposit by claimant.

141. If the execution creditor does not admit within the said two days the title of the claimant or does not request the Under Sheriff to withdraw, the Under Sheriff shall forthwith send notice to the claimant, in accordance with such modification of Form XXXII. in the second part of the first schedule hereto as may be suitable, requiring him within two days from the service of such notice upon him to deposit with the Under Sheriff the amount for which the warrant of execution was issued or if the value of the goods or chattels seized is less than the amount set forth in the warrant of execution the value of such goods or chattels, and giving notice that in default an application will be made after service of an interpleader civil process to the Justice for an order for sale.

Under Sheriff to withdraw from possession.

142. If the claimant deposits with the Under Sheriff the amount for which the warrant of execution was issued or, in the event of the value of the goods or chattels as determined by the Under Sheriff, or by an appraiser appointed by the Under Sheriff, being less than that amount a sum equal to the value as so determined, the Under Sheriff shall withdraw from the possession of the goods and chattels and the sum deposited shall be disposed of in the manner directed by the Justice.

Application for sale.

143. If the claimant does not make such deposit as aforesaid the Justice may, at any time after the service of an interpleader civil process, upon application made by the execution creditor on notice to the claimant and the Under Sheriff, or by the Under Sheriff on notice to the parties, make an order for the sale of all or any of the goods and chattels seized subject to such conditions as to the giving of security by the execution creditor or otherwise as to the Justice may seem fit. The notice of application to the Justice for an order for the sale of all or any of the goods and chattels seized shall be served two clear days before the day named in such notice for hearing and shall be in accordance with such modification of Form XXXIII. in the second part of the first schedule hereto as may be suitable. The order for sale by a Justice shall be in accordance with such modification of Form XXXIV. in the second part of the first schedule hereto as may be suitable. A Justice may hear and determine such application out of court and at any place which he may deem suitable within the county in which the seizure was made. The costs of such application before the Justice shall be provided for by him on the hearing of the interpleader civil process.

Interpleader civil process.

144. The interpleader civil process shall be in accordance with such modification of Form XXXV. in the second part of the first schedule hereto as may be suitable, and shall be served on the claimant and execution creditor ten clear days at least before the sitting of the court to which the interpleader civil process shall be made returnable.

Mode of service.

145. The service of an interpleader civil process shall be effected upon any defendant by serving him in the manner provided for the service of an ordinary civil process. In all cases the Justice may direct service to be substituted or that service already had shall be deemed good service, as the case may be. Where the execution order has been handed to the Under Sheriff by a solicitor for the execution creditor or where the claim has been made by a solicitor for the claimant the interpleader civil process may be served on the solicitor for the execution creditor or the claimant, as the case may be.

Costs.

146. At the time of making his order upon the hearing of the interpleader civil process the Justice shall determine the liability of the parties respectively to pay costs and expenses and the amount of the same and by whom and to whom such payments are to be made. The costs of the interpleader civil process shall correspond to the costs for the time being allowable in respect of an ordinary civil process in tort cases. The decree shall be in accordance with such modification of Form XXXVI. in the second part of the first schedule hereto as may be suitable.

PART III. LICENSING JURISDICTION.

Annual Licensing District Court.

147. A Justice shall hold upon the last sitting of the District Court in each court area for the hearing of cases of summary jurisdiction in the month of September a court to be known as the "Annual Licensing District Court"'' at which applications for renewals of licences shall be made. For the purpose of this rule the last sitting of the Metropolitan District Court shall be that sitting held on the last Thursday in the month of September.

Applications to be made at Annual Licensing District Court.

148. All applications for certificates for spirit or other licences, other than an application for a certificate for a new licence, which, previous to the passing of the Courts of Justice Act, 1924 , were required to be made at the Annual Licensing Petty Sessions or the Annual Licensing Quarter Sessions shall be made at such Annual Licensing District Court.

Interim transfer enabling transferee to trade until the Annual Licensing District Court held after the lapse of one month from the date of such transfer.

149. Upon the death of any person duly licensed to carry on the business of a licensed victualler and to sell excisable liquors by retail to be consumed on or off the premises, or upon the removal of any such person from the house or premises at which he is authorised by any such licence to carry on such business as aforesaid or the sale of or assignment of his interest therein by operation of law or otherwise, a Justice of the district within which such licensed house or premises shall be situated, sitting at a Court for the court area in which such premises are situated, may at any time when no Annual Licensing District Court shall be held for any such district or court area (if he shall think proper so to do after examination upon oath of the necessary parties) transfer by endorsement thereof any and every such licence as aforesaid then in force, to any person not disqualified by law, to whom it shall be proposed at the time of such application to transfer any such licence, to use, exercise and carry on the business of a licensed victualler at the same house and on the same premises and there to sell such excisable liquors as might theretofore have been lawfully sold and retailed therein until the next ensuing Annual Licensing District Court to be held after the lapse of a month from the date of such transfer, and thereupon it shall be lawful for such person so to use, exercise and carry on the said business at such house and premises until the next ensuing Annual Licensing District Court which shall be held for the same district and court area.

Notice of application for interim transfer.

150. Any person making an application for an interim transfer of a licence within the preceding rule hereof shall before such application give to the Superintendent or other officer of the Gárda Síochána in charge of the district, and to the Clerk for the Court area in which such licensed premises are situate, reasonable notice of his intention to make such application.

Granting application for interim transfer subject to subsequent production of document of title.

151. Upon such application being made, a Justice in the event of the applicant being unable to produce the original probate, grant of administration, conveyance or transfer, as the case may be, upon which he relies, may grant such application subject to the subsequent production of such probate, grant of administration, conveyance or transfer as the case may be.

Application for a certificate of a transfer of a licence.

152. Every person applying for a certificate of a transfer of a licence at the Annual Licensing District Court shall at least twenty-one days before the day of such Annual Licensing District Court give or cause to be given to the Clerk of the court area in which the licensed premises shall be situate, and to the local Superintendent or other officer of the Gárda Síochána, a notice in writing signed by such person stating the intention of such person to make such application, and setting forth the situation of such premises as well in respect to the road or highway on or adjacent to which it lies or otherwise, in a true and particular manner, specifying the townland, and county, and, if in a city or town, the street, square, or other description of the place, together with the number of such house, if such house shall have been numbered, and also the place of abode of such person, and every such Clerk shall file and keep such notice given to him, and shall ten days at the least, previous to such Annual Licensing District Court, make out a list of the names of all such applicants with their place of abode and the situation and description as contained in such notice, of the house for which such person shall desire to be licensed.

Advertisement in newspaper of application.

153. In addition to the notice required in the preceding rule hereof an applicant for a certificate of a transfer of a licence shall, at least twenty-one days before the sitting of the Annual Licensing District Court, cause an advertisement to be inserted in one local newspaper, circulating in the district of his intention to apply for such certificate of transfer of a licence.

Names of applicants to be announced in alphabetical order at Annual Licensing District Court.

154. Upon the holding of the Annual Licensing District Court the names of all applicants for certificates of transfer, together with their places of abode, shall be announced in alphabetical order in court by the Clerk and demand made whether anyone has or knows of any objection to such applications or application being granted. Provided that nothing herein contained shall prevent a Justice from directing that the names of such applicants shall be called in such order as to such Justice may seem fit.

Certificate of transfer.

155. Upon an application being granted by a Justice the Clerk shall give to the person entitled thereto a certificate, which shall be in accordance with such modification of Form 1 in the third part of the first schedule hereto as may be suitable.

Proceedings on application for certificate for a renewal of a licence.

156. Where a person licensed to sell intoxicating liquors applies for a certificate for the renewal of his licence, the following provisions shall have effect:—

(a) He need not attend in person at the court unless he is required by the Justice or Superintendent of the Gárda Síochána so to attend for some special cause personal to himself or to the premises.

(b) A Justice shall not entertain any objection to the signing of such certificate or receive any evidence with respect to same unless a written notice of the intention to oppose be served on the applicant not later than seven days before the holding of such Annual Licensing District Court, stating in general terms the grounds on which the renewal of such licence is to be opposed.

(c) A Justice may, notwithstanding that no notice of objection has been served, if the objection is made in court, adjourn the signing of the certificate to a future day and require the attendance of the applicant.

(d) A Justice may not receive any evidence with respect to the application or objection which is not given on oath in open court.

Proceedings ou application for certificate of tranfer of a cence.

157. Where a person applies for a certificate of a transfer of a licence the following provisions shall have effect:—

(a) He shall attend in person at the Annual Licensing District Court and present himself for examination as to his general character, possession of the premises, and any other questions which a Justice may see fit to put to him.

(b) He shall produce in court any muniment of title upon which he grounds his application.

Certificate of refusal.

158. Where a Justice has refused a licensing application the applicant on payment of the prescribed fee shall be entitled to obtain from the Clerk a certificate of refusal, which shall be in accordance with such modification of Form II in the third part of the first schedule hereto as may be suitable. Such certificate shall be signed by the Justice.

Licensing Register.

159. The Clerk shall keep a book which shall be known as the "Licensing Register," and which shall be in accordance with such modification of Form III in the third part of the first schedule hereto as may be suitable. In such register shall be entered by the Clerk particulars of all licences for the sale of intoxicating liquors existing in respect of premises situate within his court area and of all renewals and transfers thereof, together with all other proceedings affecting said licences or any of them.

Registrar of clubs.

160. The Registrar of Clubs for the purposes of the Registration of Clubs (Ireland) Act, 1904, shall be in the Metropolitan District the Chief Clerk or Officer acting as such and elsewhere the Clerk or Officer acting as such.

PART IV. APPEALS TO CIRCUIT COURT.

161. Every appeal in cases of summary jurisdiction, civil proceedings and licensing applications from the decision of a Justice to a Judge of the Circuit Court shall be by notice signed by the party appealing or his solicitor, which shall be in accordance with such modification of Form I in the fourth part of the first schedule hereto as may be suitable. Such notice shall be lodged with the Clerk of the Court area in which the case appealed from shall have been heard and shall be served on the opposing party within seven days from the date on which the decree or adjudication appealed from shall have been pronounced and shall be to the appropriate Circuit Court to be held next after the said period of seven days.

Service of notice.

162. Service of such notice shall be effected on the opposing party personally or by leaving same at his residence, office or place of business with a person therein, over the age of 16 years, or on his solicitor. Proof of such service shall be by statutory declaration made before any Justice or Peace Commissioner or Commissioner for Oaths, which he is hereby empowered to take. Such statutory declaration shall be lodged with the Clerk.

Conditions to be fulfilled if notice of appeal is to operate as a stay of execution.

163. Save as in Rule 164 hereof is provided, a notice of appeal shall be a stay of execution in civil proceedings and summary proceedings of a civil nature provided a recognizance with sufficient sureties conditioned to pay the sum recoverable and costs, or costs awarded in case no sum recoverable if a defendant appealing, or to pay the costs awarded where the appellant was a plaintiff in the District Court, and to pay the costs of the appeal in case the adjudication appealed from was in favour of the party appealing, and in ejectment proceedings such amount for mesne rates pending the determination of the appeal not exceeding the rate of rent per gale hitherto payable in respect of the premises, the subject matter of the proceedings, as may be fixed by the Justice, be entered into within the said period of seven days before a Justice or a Peace Commissioner, or in case the party appealing shall desire to dispense with the recognizance by lodgment within the like period of the amount of said sums respectively with the Clerk. The recognizance herein provided shall be in accordance with such modification of Form II in the fourth part of the first schedule hereto as may be suitable, and the reception of such recognizance by the Clerk shall be conclusive evidence that the several provisions herein contained in reference thereto have been complied with.

Recognizance, to be entered into by debtor appealing from order for imprisonment under Enforcement of Court Orders Act, 1926 .

164. A party desiring to appeal to a Judge of the Circuit Court from an order of a Justice committing him to prison under section sixteen or section eighteen of the Enforcement of Court Orders Act, 1926 , shall within a period of seven days from the date on which the order has been made in addition to lodging and serving the notice of appeal as provided by Rule 161 hereof enter into a recognizance with two sufficient sureties in such sum as the Justice may determine conditioned to reside at such place as was his ordinary place of residence at the time of the service of the examination order upon him, or at some other place within the county where such ordinary place of residence is situate, pending the determination of such appeal, and to attend in person at the Circuit Court and prosecute said appeal. Such recognizance shall be in accordance with such modification of Form IV. in the fourth part of the first schedule hereto as may be suitable, and may be taken by a Justice or Peace Commissioner. The reception of such recognizance by the Clerk shall be conclusive evidence that the several provisions herein contained in reference thereto has been complied with. In the event of the debtor failing to enter into such recognizance he shall be deemed to have abandoned his right to appeal.

Recognizance necessary in appeal in a criminal case.

165. A party desiring to appeal to a Judge of the Circuit Court from the decision of a Justice in a criminal case shall within a period of seven days from the date on which the decision has been pronounced in addition to lodging and serving the notice of appeal as provided by Rule 161 hereof, enter into a recognizance with two sufficient sureties in such sum as the Justice shall direct conditioned to prosecute the said appeal, and to attend personally at the sitting of the Circuit Court to which such appeal shall be brought or any adjournment or adjournments thereof until such appeal shall have been determined, and to pay such costs of the appeal as may be awarded against him. Such recognizance shall be in accordance with such modification of Form III in the fourth part of the first schedule hereto as may be suitable. The recognizance, when completed, shall be lodged with the Clerk, and the reception by him of such recognizance shall be conclusive evidence that the several provisions herein contained in reference thereto have been complied with. The appellant, if in custody, shall be liberated upon the recognizance aforesaid being entered into by him.

Clerk to forward the amount of any lodgment made by appellant to the County Registrar.

166. Where an appellant shall make a lodgment of the amount of the decree and costs or costs as the case may be in accordance with the provisions of Rule 163 hereof, the Clerk shall transmit the amount of such lodgment to the County Registrar at such time as he shall forward the relevant documents connected with such appeal to such officer.

PART V. CASE STATED.

Time within which application for case stated to be made.

167. A party desiring to proceed by way of case stated to the High Court from a decision of a Justice shall, within seven days from the date upon which the decision is given or pronounced, lodge with the Clerk of the court area in which such decision has been given a notice, which shall be in accordance with such modification of Form I in the fifth part of the first schedule hereto as may be suitable, and shall also within such seven days enter into a recognizance with sufficient sureties in such sum as the Justice may determine conditioned to prosecute without delay such case stated and to submit to the judgment of the High Court and pay such costs as may be awarded by the same. Such recognizance, which shall be in accordance with such modification of Form II in the fifth part of the first schedule hereto as may be suitable, when completed, shall be lodged with the Clerk, and the reception by the Clerk of same shall be conclusive evidence that the provisions in this rule contained as to such recognizance have been complied with.

Preparation of case stated.

168. Upon lodgment with the Clerk of the said notice and recognizance the Justice shall prepare the caste stated. In preparing the case stated the Justice shall be free, if he deems it fit, to submit a draft of the case to the parties or to receive a draft from the parties with a view to securing agreement between such parties as to the facts. In the event of dispute between the parties as to the facts, such facts shall be settled by the Justice. The case stated, when prepared, shall be signed by the Justice.

Transmission of case stated to High Court.

169. Upon the case having been stated the party requesting the case stated, hereinafter called the "appellant," shall obtain from the Clerk the case stated and shall within seven days after receiving such case stated transmit the same to the appropriate officer of the High Court, first giving notice in writing of such appeal by way of case stated, with a copy of the case so stated and signed to the other party to the proceedings in which the determination was given, hereinafter called the "respondent." The notice to be so given shall be in accordance with such modification of Form III in the fifth part of the first schedule hereto as may be suitable.

Appellant, if in custody, to he liberated upon recognizance being entered into by him.

170. The appellant, if in custody, shall be liberated upon the recognizance aforesaid being further conditioned for his appearance before the Justice at the sitting of the District Court for the court area next ensuing after the decision of the High Court shall have been given to abide such decision, unless the determination appealed against be reversed.

Refusal by Justice to state a case

*171. If a Justice be of opinion that the application for a case stated is merely frivolous he may refuse the case stated and shall on the request of the appellant sign and deliver to him a certificate of such refusal, which shall be in accordance with such modification of Form IV in the fifth part of the first schedule hereto, as may be suitable. Provided that a Justice shall not refuse to state a case where application for that purpose is made to him by or under the direction of the Minister or the Attorney-General for Saorstát Eireann.

* As to Rule 171, see terms of Seanad Resolution on fly-leaf.

PART VI—GENERAL.

National Language.

172. Either the National language or the English language may be used in proceedings in the District Court.

Justice's vacation.

173. Each Justice of the District Court shall be entitled to six weeks' holidays in the year, which shall be taken at such time or times as permit of arrangements being made for the proper discharge of public business.

Illness of Justice—appointment of Deputy.

174. Where owing to the illness of a Justice it becomes necessary to appoint a Deputy for such Justice under the provisions of Section 70 of the Courts of Justice Act, 1924 , such Deputy shall be paid out of public funds. The Minister may grant to a Justice, who is prevented through illness from discharging his duties, sick leave with full pay for a period which when added to the period of all other absences from duty of such Justice shall not exceed six months in any twelve months. On the expiration of such a period calculated in manner aforesaid a Justice, if still incapacitated through illness may be granted by the Minister sick leave on half-pay for a further period not exceeding six months. After twelve months continuous sick leave, calculated in manner aforesaid, a Justice shall receive no further salary while on sick leave save with the consent of the Minister for Finance, who in his discretion may allow payment of salary at a rate not exceeding the amount of pension (if any) for which at the expiration of twelve months sick leave the Justice would have been qualified. When the sick leave granted to any Justice shall have amounted in the aggregate to twelve months during any period of four years or less, no further salary shall be paid to such Justice while on sick leave without the sanction of the Minister for Finance, who may allow the payment of such sum and for such period as he, in his discretion, may see fit.

Order or decree made by Justice may be signed by his deputy.

175. In the case of the death, removal, incapacity or absence for any reason from his district of a Justice his successor or the deputy for the time being acting for him may sign an order or decree pronounced by the Justice so dying, removed, incapacitated or absent as aforesaid, and act in all respects in reference to the orders made as the Justice so dying, removed, incapacitated or absent, might have done, and the order or decree so signed, shall be as valid and effectual as if the same had been signed by the Justice who pronounced same.

Evidence of proceedings in the District Court.

176. In all proceedings, civil or criminal or licensing, in the District Court the memorandum or entry in the appropriate book of an order, decree or dismiss shall be conclusive evidence that an order, decree or dismiss between the parties named in such entry, and to the purport and effect mentioned therein, was pronounced by the Justice at the Court, of which such book shall purport to be the record, and it shall not be necessary in any case to produce the order, decree or dismiss signed by the Justice.

Right of audience.

177. The party to a suit or other proceeding in the District Court or any solicitor for such party or a barrister by or on behalf of such party, and instructed by his or her solicitor, and when the proceedings are in relation to Revenue any person employed, authorised or directed by the Revenue Commissioners or the Revenue solicitor, may appear and address the court and conduct the case.

Affidavits.

178. Any affidavit to be used in a District Court may be sworn before a Commissioner for Oaths or a Justice, and shall, before being used, be lodged with the Clerk for the Court area in which such Court shall be held.

Power to strike out case with costs.

179. Whenever any action or suit is brought in a District Court which the Court has not jurisdiction to try and determine, the Justice shall order the case to be struck out and shall have power to award costs in such manner and to such extent and recoverable by the same means as if the court had jurisdiction in such action or suit and the plaintiff did not appear or had appeared and failed to prove his demand.

Verbal or technical errors not to invalidate proceedings.

*180. No action or proceeding in the District Court shall be treated or considered as invalid on account of any verbal or technical error in same, and a Justice may decide and determine what is a verbal or technical error or mistake in any action or proceeding, but all errors or mistakes which have not a tendency to mislead the opposite party shall in all cases be deemed merely verbal or technical.

Power of amendment

181. A Justice at all times may amend any summons, civil process or other proceedings by adding or striking out parties, and may amend such other defects and errors in any summons, civil process, or other proceedings as may be necessary for the purpose of determining the real question in controversy or at issue between the parties, or may, for the purpose aforesaid, where the proceedings have been commenced by summons, direct that such summons be dealt with as a civil process. Such amendments may be made in such manner as the Justice shall direct and with or without costs and upon such terms as to the Justice shall seem fit. Whenever any such amendment shall have been allowed by a Justice, the order allowing the same, specifying the amendment, shall be entered in the Justice's Minute Book, Charge Sheet, Civil Process Book or Ejectment Book, as the case may be. Provided always that no such amendment shall be made if it shall appear to the Justice that the same is calculated to mislead and injuriously prejudice the opposite party in the merits of his case.

*As to Rule 180, see terms of Seanad Resolution on fly-leaf.

Adjournment of Court.

182. In the event of the Justice not being in attendance one hour after the time appointing for the holding of a Court, the Clerk shall adjourn the holding of such Court and the hearing of all the proceedings thereat to the next Court for the Court area, and upon such adjournment being made he shall post a notice, which shall be in accordance with such modification of Form II in the sixth part of the first schedule hereto as may be suitable, on the door of the Courthouse. All persons summoned, processed or under recognizance to attend at such adjourned Court shall without fresh summons, civil process or recognizance, be bound to attend on the day to which such adjournment shall have been made. Provided always that a Justice may, if he sees fit, after due notice to all parties interested, adjourn the holding of a Court from the day appointed therefor to any other day named by him.

Summons-servers' book.

183. A book or books shall be kept by every person appointed for the service of summonses and civil processes, which shall be in accordance with such modification of Form I in the sixth part of the first schedule hereto, as may be suitable, in which shall be entered the names of the complainant or plaintiff and defendant by or against whom any summons or civil process shall be issued; the nature of the complaint or cause of action, the day on which the summons or civil process shall be received to be served; the day on which such summons or civil process shall be served; the place where and the name or description of the person on or with whom such summons or civil process shall be served or left, and in case any such summons or 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 at the date named in such order and produce such book or books. In the case of the death or illness of any such person the book or books kept by him as aforesaid, verified on oath as to his handwriting by some creditable person, shall be prima facie evidence of the truth of the several matters entered therein as aforesaid.

Remission of fees in proceedings by poor person.

184. A Justice may, in any case where he shall be satisfied of the inability of the party liable thereto to pay the fees or any of them prescribed in respect of proceedings in the District Court, remit in whole or in part the fees payable in respect of any document or documents, and on the occasion of every such remission shall by endorsement on the document or documents upon which the fees shall have been remitted notify such remission and the cause thereof.

Duplicate decree.

185. If it shall appear to a Justice that an original decree dismiss, order or warrant has been lost or destroyed or that the same has improperly got into the hands of the opposite party, or that it is unavailable to the Plaintiff by reason of its being in the hands of the Under-Sheriff, Governor of the Prison, or other officer entitled to hold same, he may grant a duplicate of such decree, dismiss, order or warrant. No such duplicate shall issue without notice to the opposite party, which notice shall be served in the manner provided by Rule 15 hereof, ten days at least before the sitting of the Court at which the application is to be heard. When the duplicate decree, dismiss, order or warrant is allowed to issue, there shall be written or stamped upon the face of same in large letters the word "Duplicate," and which word shall have the initials of the Clerk affixed thereto.

Non-compliance with Rules.

186. Non-compliance with any of these Rules, or with any rule of practice for the time being in force, shall not render any proceedings void, unless a Justice shall so direct, but such proceedings may be set aside either wholly or in part as irregular or amended, or otherwise dealt with in such manner or upon such terms as the Justice shall think fit.

FIRST SCHEDULE.

—PART I.

I.—INFORMATION.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE (District Court of Justice).

Complainant

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District Court Area of

Defendant

District No.

The information of      of         ,

who saith on his oath that

Taken before me this    day of    19 .

at           in the District aforesaid.

Signed,.......................................................

Justice of the District Court or Peace Commissioner.

II—RECOGNIZANCE.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

Complainant

/images/v08p0916b.gif

District Court Area of

Defendant

District No.

Be it remembered that on the     day of

in the year of Our Lord, 19   , A.B. of    (description), C.D. of  (description) and E.F. of

(description) personally came before me, the undersigned, a Justice of the District Court (or a Peace Commissioner) for District No.  , and severally acknowledged themselves to owe to Saorstát Eireann the several sums following, that is to say: the said A.B. the sum of  pounds, and the said C.D. and E.F. the sum of   pounds each to be made and levied off their several goods and chattels, lands and tenements respectively to the use of the Minister for Finance of Saorstát Eireann if the said A.B. fail in the condition endorsed.

Taken and acknowledged the day and year first above mentioned at in the District aforesaid.

Signed,......................................

Justice of the District Court or Peace Commissioner.

The condition of the above-written recognizance is such that whereas the said A.B. has this day sworn an information charging X.Y. of

with (state nature of offence with time and place)

if, therefore, the said A.B, will attend at the         Court

to be held at  on the     day of     , 19 , and there prosecute (or give evidence against the said X.Y.) for the said offence, then the said recognizance to be void, or else to stand in full force and effect

or

The condition of the above-written recognizance is such that whereas the said A.B. was this day charged before me, the Justice or Peace Commissioner) above-mentioned for that (state nature of offence with time and place)     ; if, therefore, the said A.B. will appear and attend in person at the opening of the District Court to be holden at    on the  day of 19  , to answer said charge, and will not depart from said Court without leave, and will attend there in person from day to day during the time the said Court shall be so held, or any adjournment thereof for the purpose aforesaid until such charge shall be disposed of by the Justice of the District Court, then the said recognizance to be void, or else to stand in full force and effect

or

The condition of the above-written recognizance is such that whereas the said A.B. having this day been charged before me the Justice above-mentioned for that (state nature of offence with time and place)   has been returned for trial by me on said charge to the Circuit Court (or Central Criminal Court) to be holden at    on the   day of    19 ; if, therefore, the said A.B. will appear and attend in person at the opening of the Circuit Court (or Central Criminal Court) to be holden at    on the  day of   19 , and then and there surrender himself and deliver himself up in said Court to plead to any Indictment or Indictments that may be preferred against him for the said offence, and take or stand his trial for same ; and if be will not depart from said Court without leave, and will attend there in person from day to day, during the time the said Court shall be so held, or any adjournment thereof, for the purpose aforesaid, and attend from Circuit Court to Circuit Court, and from Circuit Court to Central Criminal Court (or from Central Criminal Court to Central Criminal Court) to which the trial may be postponed until such charge shall be duly disposed of according to law, then the said recognizance to be void or else to stand in full force and effect

or

The condition of the above-written recognizance is such that whereas the said A.B. was this day charged before me the Justice above-mentioned, for that (state nature of offence with time and place)  ; if, therefore, the said A.B. will be of good behaviour and keep the peace towards all citizens of Saorstát Eireann and particularly towards  of   for a period of          from this date, then the said recognizance to be void, or else to stand in full force and effect.

I certify that the said A.B. has not performed the above obligation.

Signed,............................................................ ........

Justice of the District Court.

This  day of      19 .

I order that the sum of    be levied off the goods of the said A.B., and the sum of    off the goods of each of the said sureties, C.D. and E.F.

Signed,............................................................ .....

Justice of the District Court.

This

day of

19 .

III.—WARRANT TO ARREST.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

Complainant

/images/v08p0917.gif

District Court Area of

Defendant

District No.

Whereas an information has been sworn that (State nature or charge or complaint).

This is to command you, to whom this Warrant is addressed, to arrest the said     of     and bring him before me (or the Justice or some Peace Commissioner of the above-mentioned District) to answer to the said complaint.

Signed,............................................................ .........

Justice of the District Court or Peace Commissioner.

To Superintendent of the Gárda Síochána

at

IV.—SUMMONS ORDINARY.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

Complainant

/images/v08p0918a.gif

District Court Area of

Defendant

District No.

Whereas a complaint has been made to me that (state cause of complaint with time and place).

This is to command you to appear as Defendant on thehearing of the said complaint at the District Court at    on the  day of     19 , at  o'clock, m., before the Justice for the time assigned to the said District.

Signed,............................................................ ...............

Justice of the District Court, Peace Commissioner or

Clerk of the District Court.

To

the above-named Defendant

of

V.—COMMITTAL WARRANT.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

Complainant

/images/v08p0918b.gif

District Court Area of

Defendant

District No.

Whereas a complaint was made on the  day of

19 , on the oath of     that (state offence with time and place).

And Whereas (Insert Recitals as follows):—

If informations receivedVI:—

" Informations having been received the Defendant has been returned for trial on said charge to the Circuit Court (or Central Criminal Court, as the case may be) to be held at        on the  

day of     19."

Adjournments:—

" The hearing of the said complaint has been adjourned to the District Court to be held at      on the day of    19 , at o'clock, m."

Remands on arrest by a Peace Commissioner or Justice:—

"The above-named Defendant has been brought before me under a warrant of arrest, and the said complaint is to be heard at the District Court to be held at     on the  day of     19 , at o'clock, m"

Refractory Witness:—

" A. B., a material witness, has, without just excuse, refused to make oath as a witness, or to answer certain questions or to enter into recognizances to give evidence on the trial of the said      in that behalf,

This is to command you to whom this Warrant is addressed to lodge the said (state the name of person to be committed)  of    in the Prison at     , there to be imprisoned by the Governor of the said Prison as follows:—     (state period of imprisonment).

For trial:—

" Until his trial for said offence and he shall be discharged by due course of law."

For adjournments and remands:—

" Until the above time of adjournment (or hearing) when he shall have him at the above place."

For witness:—

" Until the trial of the said unless he shall in the meantime enter into such recognizance as required (or until the day of

19 , unless he shall in the meantime consent to answer as required)."

And for this the present Warrant shall be a sufficient authority to all whom it may concern.

Signed,............................................................ .....................

Justice of the District Court or Peace Commissioner.

This       day of       19 .

To Superintendent of the Gárda Síochána

at

VI—STATUTORY DECLARATION AS TO SERVICE.

I,        of        , do solemnly and sincerely declare that I duly served this summons on the      day of   19  , by (state mode of service), and I make this declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1835.

Signed,............................................................ ......................

Declared before me the undersigned at       in the County

of       this    day  of   19 .

Signed,............................................................ .......................

Justice of the District Court or Peace Commissioner.

VII—WITNESS SUMMONS.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

Complainant

/images/v08p0919.gif

District Court Area of

Defendant

District No.

Whereas a complaint has been made that (state cause of complaint with time and place).

And whereas it has been represented to me that you can give material evidence on behalf of the

This is to command you to appear as a Witness on the hearing of the said compliant at the District Court at    on the   day of

19 , at  .m.

Signed,............................................................ ....................

Justice of the District Court, Peace Commissioner, or

Clerk of the District Court.

VIII.—WARRANT TO DISCHARGE FROM PRISON.

SAORSTÁT EIREANN,

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

Complainant

/images/v08p0920a.gif

District Court Area of

Defendant

District No.

Whereas a complaint was made that (state cause of complaint with time and place).

And Whereas the said (insert name of prisoner)

of      (insert Recitals as follows):—

For accused:—

"Was committed to take his trial for said offence, but has now duly entered into recognizances to appear for that purpose."

For witness:—

"Was committed for refusing to enter into recognizances to give evidence on the trial          of for said offence,

and the said        , for want of evidence, has not been bailed or committed."

This is to command you to discharge the said person so committed, unless he shall be in your custody for some other cause.

Signed,............................................................ ................

Justice of the District Court.

This

day of

19

To the Governor of the Prison at

IX.—DEPOSITION

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

Complainant

/images/v08p0920b.gif

District Court Area of

Defendant

District No.

The Deposition of     of    , taken in the presence and hearing of the above-named Defendant, who stands charged that (state nature of offence and time and place).

The said Deponent this on his oath that

Signed,............................................................ ................

Deponent.

Taken before me this    day of   19  ,

at     in the District above-mentioned.

Signed,............................................................ .............

Justice of the District Court or Peace Commissioner.

X.—STATEMENT OF ACCUSED.

SAORSTÁT EIREANN

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

Complainant

/images/v08p0921a.gif

District Court Area of

Defendant

District No.

A charge having been made against the above-named Defendant before me the undersigned Justice of the District Court that (state nature of the offence with time and place).

And the said charge having been read to the said Defendant, and the witnesses for the prosecution having been severally examined in his presence, the said Defendant having been first duly cautioned that he was not obliged to say anything, but that whatever he did say might be given in evidence upon his trial, saith as follows:

Taken before me this   day of    19 , at     in the District above-mentioned.

Signed,............................................................ ...........................

Justice of the District Court.

XI.—TRANSMIT WARRANT.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

Complainant

/images/v08p0921b.gif

District Court Area of

Defendant

District No.

Whereas a complaint was made that (state cause of complaint with time and

place.

And whereas I have taken the depositions of

as to the said offence.

And whereas the other witnesses reside in District No.

This is to command you to convey the said (name of accused person) before the Justice assigned to the last-mentioned District and to deliver to him this warrant and the said depositions.

Signed,............................................................ .......................

Justice of the first-mentioned District.

This

day of

19

To Superintendent of the Gárda Síochána at

XII.—CONSENT TO BAIL.

Whereas on the    day of  19 ,

       of    was committed to the Prison

at      charged with (state nature of offence and time

and place).

I hereby consent to the said         being bailed by

recognizance himself in the sum of £       and two sufficient sureties

in the sum of £       each.

Signed,............................................................ .........................

Justice of the District Court.

This

day of

19  .

XIII.—CERTIFICATE OF NO PERSON OR GOODS TO BE ENDORSED ON BACK OF WARRANT.

I hereby certify that I have reason to believe that the person against whom the within warrant was issued is to be found (or has goods) at

in (set out No. of District, or England, Northern Ireland, etc., in the case may be)

, and that I believe the signature to the within warrant to be in the handwriting of the said Justice or Peace Commissioner.

Signed,............................................................ ...........

To whom this warrant was delivered for execution

this

day of

19

To the Commissioner of the Gárda Síochána

or

The Justice of District No.

XIV —BACKING FOR EXECUTION BY COMMISSIONER OF THE GÁRDA SÍOCHÁNA OR JUSTICE OF THE DISTRICT COURT.

It being certified to me as above I hereby endorse the within Warrant for execution in the County of        or within District No. (or in England, Northern Ireland, etc., as the case may be).

Signed............................................................ ...................

Commissioner, Deputy Commissioner, or Assistant

Commissioner of the Gárda Siochána, or a Justice

of the District Court.

This

day of

19

To the Superintendent of the Gárda Síochána at

or

Esq., Under Sheriff, at

XV.—RECEIPT FOR PRISONER.

SAORSTÁT EIREANN.

PRISON of

I hereby certify that I have received from (state name and rank of the member

of the Gárda Síochána), of            the body of

together with warrant under the hand of

Esq., Justice of the District Court or Peace Commissioner, and that the said prisoner was (state sober or as the case may be) at the time he was so delivered into my custody.

Signed,............................................................ ...........

Governor of the Prison at

This

day of

19.

XVI.—CERTIFICATE AS TO NON-EXECUTION OF WARRANT.

I certify that after diligent search and for the following reasons, namely,

the person (or sufficient goods of the person) against whom the within warrant was issued cannot be found.

Signed,............................................................ ............

To whom this warrant was delivered for execution.

This

day of

19 .

XVII.—RECOGNIZANCE AT FOOT OF INFORMATION OR DEPOSITIONS.

And the said Informant (or Deponent) binds himself to attend at    on the  day of     19  , to prosecute (or to give evidence against) the said   for the said offence or otherwise to forfeit to the Minister for Finance of Saorstát Eireann the sum of £

Signed,............................................................ ...........

Informant (or Deponent).

Taken before me this   day of   19  ,

in the District aforesaid.

Signed,............................................................ ....................

Justice of the District Court or Peace Commissioner.

XVIII.—WARRANT OF EXECUTION.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice.

Complainant

/images/v08p0923a.gif

District Court Area of

Defendant

District No.

Whereas upon the hearing of a complaint that (state cause of complaint with time and place)

an order was made on the   day of   19  , by the Justice for the time being assigned to said District, against the said of     to the following effect (set out order in full)

And Whereas (set out recitals such as):—

No Distress:—

"The Defendant has no goods."

And Whereas the said Order has not been complied with. This is to command you to whom this warrant is addressed to execute the said order against the said person as follows (state method of execution such as)

"To levy said sums by distress and sale of his goods "

or

"To lodge him in the Prison at    to be imprisoned there for the period of      with (or without) hard labour (unless said sums be sooner paid)."

"To enter and give possession of said premises to the Complainant or his agent in days."

And for this the present warrant shall be a sufficient authority to all whom it may concern.

The sum levied to be paid to (state whether Clerk for the District Court Area or Complainant).

The Warrant to be returned in    days if not executed.

Signed,............................................................ ..........

Justice of the District Cou

This

day of

19 .

To Superintendent of the Gárda Síochána at

or

Esq., Under Sheriff, at

County of

/images/v08p0923b.gif

I authorise and empower A.B., of and

To Wit

C.D., of     Court Messengers, or either of them, and their assistants to execute the above warrant.

Given under my hand this    day of   19  .

Signed,............................................................ ..........

Under Sheriff of said County.

The sum to be levied hereunder is £

............................................................ ..........

Under Sheriff.

XIX.—JUSTICE'S MINUTE BOOK.

District No.

District Court Area of

The

day of

19

No. in Minute Book.

Complainant.

Defendant.

Name of witnesses examined— and whether for Complainant or Defendant.

Substance of complaint.

Justice's Memorandum and Signature.

XX.—COPY OF CONVICTION OR ORDER.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

Complainant

/images/v08p0925a.gif

District Court Area of

Defendant

District No.

Be it remembered that on the  day of   in the Year of Our Lord One Thousand Nine Hundred and

before me,     the Justice of the said District, sitting for the Court Area aforesaid, in the said District, a complaint was made that    of     did, on the  day of   , in the Year of Our Lord aforesaid, at    in the County of

(set out nature of complaint in full),

contrary to the Statute in such case made and provided ; I did therefore adjudge that the said (set out order in full)

Given under my hand the     day of     19

............................................................ ............

Justice of said District.

XXI.—BODY WARRANT.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

Complainant

/images/v08p0925b.gif

District Court Area of

Defendant

District No.

Sir,

Send to (state place)        , in custody, the body of

     ,committed on the  day of  19  , for (state whether trial, further examination, or in default of bail)

Signed,..........................................................

Justice of the District Court.

This

day of

19 .

To the Governor of the Prison at

XXII.—FEES BOOK.

District No.

District Court Area of

An Account of Fees received for the above District Court Area during the

ending the      day of     19

Date

Title of Proceedings

Document

£ s. d.

FIRST SCHEDULE.—PART II.

I.—ORDINARY CIVIL PROCESS.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

/images/v08p0926.gif

By the Justice of the District Court.

District No.

The Defendant is hereby required personally to appear at the District Court for the hearing of civil proceedings to be held  at in the said District on the   day of  19 , to answer the Plaintiff's claim for

A.B. of in the County of (residence and addition of Plaintiff)

Plaintiff.

C.D. of in the County of and Court Area and District aforesaid (residence and addition of defendant)

Defendant.

In default of such appearance the Justice will proceed as to justice may appertain.

Dated this   day of     19 .

Signed,......................................................

Plaintiff

or,............................................................ 

Solicitor for Plaintiff.

NOTE—If the Defendant admits the debt and desires time for payment he should call to the office of the Plaintiff or his Solicitor within six days from the service of the civil process upon him and sign a consent. By doing so he will avoid further costs.

II.—CIVIL PROCESS BOOK.

District No.

District Court Area of

The

day of

19.

Plaintiff

Defendant

Witnesses Examined.

Cause of Action

Decision

III.—ORDINARY DECREE.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

/images/v08p0928.gif

By the Justice of the District Court.

District No.

It appearing to the Justice that a civil process to appear at the sitting of the District Court for the hearing of civil proceedings at on the day of, 19 was duly served on the Defendant , and that the Defendant is justly indebted to the Plaintiff in the sum of for (state cause of action from civil process).

A.B. of in the County of (residence and addition of Plaintiff)

Plaintiff.

C.D. of (n the County of and District aforesaid residence and addition of defendant)

Defendant.

It is therefore ordered and decreed by the Justice that the Plaintiff    do recover from the Defendant    the said sum together with the sum of    for costs and   for witnesses' expenses; and the several under-sheriffs in Saorstát Eireann are hereby commanded to take in execution the goods of the Defendant   to satisfy the said debt, costs, and witnesses' expenses.

Dated at    this  day of   19 .

Debt ............................................

£

Costs............................................

£

Witnesses' Expenses ....................

£

Total..

£

............................................................ .............................

Justice of the District Court for said District.

............................................................ .............................

Plaintiff or Solicitor for the Plaintiff.

(Under-Sheriff's warrant to be added.)

IV.—WITNESS SUMMONS.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

(TITLE OF ACTION.)

By the Justice of the District Court for District No.

The under-named persons are hereby required personally to appear and give evidence in this suit before the said Justice of the District Court at the sitting of the District Court for the hearing of Civil Proceedings at    on the day of  19 , at o'clock.m., and so from day to day until the suit is disposed of, and there to produce (specify the documents to be produced, if any), on behalf of the

Dated this

day of

19 .

Signed............................................................ ..................

Clerk of the District Court for the Court Area aforesaid.

Note—If you fail to obey this summons, you render yourself liable to conviction for contempt of court, the penalty for which is imprisonment for a period not exceeding seven days or a fine not exceeding £2 at the option of the Justice.

V.—DISMISS.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

/images/v08p0929.gif

By the Justice of the District Court,

District No.

It appearing to the Justice that the Plaintiff , caused the Defendant , to be served with a civil process to appear at the sitting of the District Court for the hearing of civil proceedings at on the day of 19 , for the recovery of (here state cause of action as set out in the civil process),

A.B. of in the County of (residence and addition of Plaintiff)

Plaintiff.

C.D. of in the County of and District aforesaid (residence and addition of Defendant)

Defendant.

and that the Plaintiff failed to prove his case. It is therefore decreed and ordered by the Justice that the Plaintiff's civil process be and the same is hereby dismissed (state whether" on the merits" or "without prejudice") and that the Defendant do recover against the Plaintiff the sum of £      for costs and witnesses expenses of this dismiss: and the several under-sheriffs in Saorstát Eireann are hereby commanded to take in execution the goods of the Plaintiff,      , to satisfy the said costs and witnesses expenses.

Dated at

this

day of

19 .

Signed............................................................ ...............

Justice of the District Court for said District.

............................................................ ........................

Defendant or Solicitor for the Defendant.

(Add Under-Sheriff's Warrant.)

VI.—AFFIDAVIT TO OBTAIN A DECREE BY DEFAULT.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No.

Between

A.B.,

Plaintiff;

and

C.D.,

Defendant.

I, A.B., of

in the County of

aged 21 years and upwards, make oath and say as follows:—

1. C.D., of    in the County of

and District Court Area aforesaid, (insert occupation and description) is indebted to me in the sum of £    for (add particulars of debt in full, specifying the nature and date of each dealing from which the debt arose, and if the action is brought on any negotiable instrument or other document, make an exhibit thereof, and in every case state fully the consideration for the debt claimed. State whether any and what applications for payment have been made, and whether any and what payments have been made on account). The full sum of £ is now due and payable by the said C.D. to me, over and above all just credits and allowances, and no part thereof has been in any manner paid, satisfied, or discharged.

2. The address of my solicitor is

or

1. I am in the employment of A.B. as (set out capacity) and as such have personal knowledge of the facts hereinafter deposed to

2. (Set out as above.)

VII—NOTICE TO BE SERVED UPON THE DEFENDANT WITH THE CIVIL PROCESS WHERE THE PLAINTIFF SEEKS A DECREE BY DEFAULT.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No.

Between

A.B.,

Plaintiff;

and

C.D.,

Defendant.

Take notice that if you intend to defend this civil process, or if you dispute the whole or any part of the Plaintiff's claim, you must within seven days from the service of this civil process upon you, exclusive of the day of such service, detach the notice at the foot hereof, and having completed same give or send it to the Clerk of the District Court at   , and if you fail to give or send such notice the Plaintiff may, without giving any further proof in support of such claim than the affidavit lodged by him with the Clerk of the District Court for the Court Area aforesaid, obtain a decree against you for the sum of £    and his costs. If you give or send such notice to the said Clerk of the District Court within the time specified, you must also enter a defence to the process and appear in the ordinary way.

Dated this

day of

19 .

Signed,.............................................

Plaintiff or Solicitor for Plaintiff.

To

of

the above-named Defendant.

NOTICE OF INTENTION TO DEFEND.

District Court Area of

District No.

Between

A.B.,

Plaintiff;

and

C.D.,

Defendant.

I intend to defend this process.

Dated this

day of

19 .

Signed..........................................................

Defendant or Solicitor for Defendant.

VIII.—NOTICE OF MOTION TO OBTAIN A REHEARING WHEN DECREE BY DEFAULT HAS BEEN MADE.

(TITLE OF ORIGINAL ACTION.)

Take notice that I, the above-named Defendant, (or Solicitor for the above-named Defendant) will apply to the Justice of the District Court sitting for the District Court Area and District aforesaid at on

the  day of    19  , or at the first opportunity

thereafter, to have the action reheard on the ground that the decree therein was obtained by fraud (or misrepresentation or surprise or mistake). (state the nature of the fraud, etc., relied upon.)

Dated this

day of

19 .

Signed..........................................................

Defendant or Solicitor for the Defendant.

To the Plaintiff or Solicitor for the Plaintiff.

IX.—SPECIAL DEFAULT CIVIL PROCESS.

SAORSTÁT EIREANN.

AN CHÚIRT BREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No.

Between

A.B. of

in the county of

(residence and addition of Plaintiff)

Plaintiff;

and

C.D. of

in the County of

(residence and addition of Defendant)

Defendant.

Take Notice that unless within Ten Days after the personal service of this Special Default Civil Process on you, inclusive of the day of service, you deliver to the Clerk of this Court at

Claim.. .. ..

by Post or otherwise, a Notice stating that you intend to defend this Action which is brought against you to recover the sum of £   (state cause of Action)

the Plaintiff may, without giving any further proof in support of such claim other than an Affidavit to be filed in Court herein, obtain judgment in Default and proceed to execution

Solicitor's Costs .. ..

£

Total Amount of Debt and Costs .. ..

£

for the full amount claimed and costs payable forthwith, or by such instalments as he may think fit.

If you admit part of the Claim you may offer to pay the amount admitted at such time or by such instalments as shall be specified in your notice to be delivered to the Clerk.

If you admit your liability for the whole of the Plaintiff's Claim and desire the decision of the Court as to the time and mode of payment thereof, or if you admit your liability for part only of the Plaintiff's Claim, you may, when delivering the notice, deliver to the Clerk of this Court, within the time above limited, a notice that you admit your liability to pay the whole or part (to be specified in the notice) of the Claim sued for, and offer to pay the same, with the costs of the Plaintiff on the amount admitted, at such time or by such instalments as shall be specified in the notice. Should you admit your liability to part only of the Plaintiff's Claim your notice should state that you intend to defend as to the balance.

If you deliver a Notice, within the time above limited, the Clerk of the Court will send you by post notice of the day and place at which the action will be tried or disposed of.

Dated this

day of

19 .

Signed,............................................................ .......

Plaintiff's Solicitor.

To the Defendant.

(To be endorsed on back.)

If you pay the Debt and Costs as per margin on the other side to the Plaintiff's Solicitor before the expiration of ten days from the date of service of this Special Default Civil Process, inclusive of the date of service, and without delivering a Notice of Defence or Notice of Admission, you will avoid further Costs; UNLESS THE COURT ORDERS YOU TO PAY ANY FURTHER COSTS PROPERLY INCURRED BY THE PLAINTIFF BEFORE RECEIVING NOTICE OF SUCH PAYMENT.

If you do not deliver a Notice of Defence or Notice of Admission, but allow Judgment against you by Default, you will save half the Hearing Fee, and the Order upon such Judgment will be to pay the Debt and Casts forthwith.

If you admit a part only of the Claim you must deliver your Notice of Defence within the time specified on-the Special Default Civil Process with an admission as specified on same, and unless the Plaintiff proves at the trial an amount exceeding the amount admitted; you will avoid further costs:

I,     , of     , do hereby solemnly and sincerely declare that I duly served this Special Default Civil Process on the  day of   by giving a true copy to the Defendant personally, and I make this Statutory Declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1835.

Signed.......................................................

Declared before me the undersigned at         in the

County of    this  day of     19 .

Signed............................................................ ..........

Justice of the District Court or Peace Commissioner.

Dated this

day of

19 .

To the Defendant.

............................................................ .

Plaintiff's Solicitor.

X.—REQUISITION FOR JUDGMENT.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE.

(District Court of Justice).

District Court Area of

District No.

Between

Plaintiff;

and

Defendant.

I hereby request you to enter Judgment by Default against the Defendant, payable forthwith (or by instalments of £  per  the first instalment to be paid on the  day of  19

Amount of Debt as verified in attached affidavit .. ..

£

s.

d

Amount (if any) since received by Plaintiff .. .. ..

Balance of Claim for which judgment to be entered .. ..

Costs .. .. .. .. .. .. .. .. ..

Total .. .. .. .. .. ..

£

The full name, address and description of the Plaintiff are as follows:

The full name, address and description of the Defendant are as follows:

[If necessary add: "The Defendant,        , is a married woman

(a widow), and judgment is to be entered against her in respect of a contract before coverture (during coverture or since the determination of the coverture).]

Attached hereto are verifying affidavit and completed form of decree.

Dated this

day of

19 .

Signed,................................................

Plaintiff's Solicitor.

To the District Court Clerk at

XI.—NOTICE OF HEARING.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE.

(District Court of Justice).

District Court Area of

District No.

Between

Plaintiff;

and

Defendant.

Take Notice, that the Defendant, having delivered a Notice of Defence to this Action (or Notice of Admission, the terms of which have not been accepted) the Action will be tried at the District Court to be held at

on  the   day of     19 , at

o'clock .m.

Dated this

day of

19 .

...........................................................

District Court Clerk.

To the Plaintiff's Solicitor and the Defendant or Defendant's Solicitor.

XII.—NOTICE TO PLAINTIFF'S SOLICITOR OF ADMISSION OF WHOLE OR PART OF PLAINTIFF'S CLAIM.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No.

Between

Plaintiff;

and

Defendant.

Take Notice—

1. The Defendant has admitted the whole of the Plaintiff's claim and offers to pay the same on the  day of  19 (or by instalments of per month).

2. The Defendant has admitted in his Notice of Defence that the sum of £ ,

part of the amount claimed by the Plaintiff, is due by him. The Defendant offers to pay the said sum of £    on the  day of    19 (or by instalments of per month).

3. Within five clear days after the receipt of this Notice of Admission by you, you should complete and sign the notice at the foot of this notice and return it to me by post or otherwise.

4. If on behalf of the Plaintiff you accept the mode of payment offered by the Defendant (or you accept the amount admitted in satisfaction of the Plaintiff's claim and accept the mode of payment offered by the Defendant) you must with the notice mentioned in the last paragraph hereof transmit to me a requisition for judgment and completed form of decree. In that case judgment will be entered for the amount admitted and the appropriate costs, and payment will be made in accordance with the offer of the Defendant.

5. If you do not accept the amount admitted in satisfaction of the Plaintiff's claim or if you object to the mode of payment offered by the Defendant, the action will proceed, and notice will be sent to you of the place and date of hearing.

Dated this

day of

19 .

.......................................................

District Court Clerk.

To the Plaintiff's Solicitor

............................................................ ............................................................ ....................

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No.

Between

Plaintiff;

and

Defendant.

On behalf of the Plaintiff, I accept     the mode of payment offered

do not accept

by the Defendant.

or

I accept    in satisfaction of the Plaintiff's claim the sum of £

do not accept

admitted by the Defendant (If offer of payment

made) I accept    the mode of payment offered by the Defendant.

do not accept.

Requisition for judgment and completed form of decree herewith.

Dated this

day of

19 .

...............................................

Plaintiff's Solicitor.

To Clerk of the District Court at

XIII.—SUMMARY JUDGMENT BOOK.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No.

Name and address of Plaintiff

Name and address of Defendant

Plaintiff's Solicitor

Cause of Action

Date of Service of Special Default Civil Process and by whom served

Date of verifying affidavit, and by whom sworn, or if debt admitted by Defendant, state so

Date of decree, amount for which issued. If time given for payment or payment by instalments provided, state so

XIV.—CIVIL PROCESS IN EJECTMENT FOR OVERHOLDING.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No.

A.B. of in the County of (residence and addition of Plaintiff)

Plaintiff.

C.D. of  and E.F. of in the County of and District aforesaid (residence and addition of Defendants)

Defendants.

/images/v08p0936a.gif

By the Justice of the District Court.

Whereas C.D., one of the Defendants, lately held (here describe premises and where situate) in the County and District aforesaid as tenant to the Plaintiff under (describe tenancy) at the rent of which tenancy determined on the day of last.

And whereas the several Defendants are in the actual possession of the premises and no other person is in possession of any part thereof as tenant or under tenant.

The Defendants, therefore, and all persons claiming to have any interest in the premises are hereby required personally to appear at the District Court for the hearing of civil proceedings to be held at   for the Court Area and District aforesaid on the   day of  19 , to answer the Plaintiff's civil process for recovery of possession of the premises by reason of the matters aforesaid.

Dated this  day of   19.

Signed,............................................................ .....

Plaintiff or Solicitor for Plaintiff.

XV.—DECREE IN EJECTMENT FOR OVERHOLDING.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No.

A.B. of in the County of (residence and addition of Plaintiff)

Plaintiff.

C.D. of In the County of and District aforesaid (residence and addition of Defendant)

Defendant.

/images/v08p0936b.gif

By the Justice of the District Court

It appearing to the Justice that the Plaintiff caused a civil process to be brought against the Defendant at the District Court for the hearing of civil proceedings held at on the day of 19, praying to be put into possession of all that and those (describe premises and where situate) in the possession of the Defendant, which civil process was brought on the ground that the Defendant overheld

the said premises; and it appearing to the Justice that the said civil process was duly served requiring the Defendant and all persons claiming any interest in the said premises to appear at the said Court to answer said civil process; and it appearing that said premises were held by the Defendant from the Plaintiff at the rent of   and that Defendant's interest therein determined on the  day of   by (set forth mode of determination).

It is. therefore, ordered and decreed by the Justice that the Plaintiff be put into possession of the said premises, and the Under-Sheriff of the County in which such premises are situate is hereby commanded to put the Plaintiff into possession of the said premises.

And it is further ordered and decreed by the Justice that the Plaintiff do recover from the said Defendant,    ,the sum of £   for costs and witnesses' expenses, and the several Under-Sheriffs in Saorstát Eireann are hereby commanded to take in execution the goods of the Defendant to satisfy the said costs and witnesses' expenses.

Dated this    day of  19

Signed,............................................................ ...............................

Justice of the District Court for the said District.

............................................................ ...........................................

Plaintiff or Solicitor for the Plaintiff.

(Under-Sheriff's Warrant to be added.)

XVI.—CIVIL PROCESS IN EJECTMENT FOR NON-PAYMENT OF RENT.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No.

A.B. of

in the County of

(residence and addition of Plaintiff)

/images/v08p0937.gif

By the Justice of the District Court.

Whereas the Defendant holds (describe premises and where situate) in the District aforesaid as tenant to the Plaintiff under (describe contract of tenancy ) at the

Plaintiff.

rent of £

And whereas the sum of £

C.D. and E.F. of

in the Cunty of

and District aforesaid

(residence and addition of Defendants)

being (state amount of rent and the last gale day up to which due), became and is still due to the Plaintiff in respect of the said premises. (And whereas the Defendant E.F. is in

Defendants.

actual possession of the premises as under tenant thereof, and no other person is in such possession.)

The Defendants, therefore, and all persons having or claiming any interest in the premises are hereby required personally to appear at the sitting of the District Court for the hearing of civil proceedings to be held at for the District and Court Area aforesaid, on the  day of   19 , to answer the Plaintiff's civil process for recovery of the possession of the premises by reason of the matters aforesaid.

Dated this    day of    19

Signed,............................................................ .

Plaintiff or Solicitor for the Plaintiff

.

(To be endorsed.)

The Plaintiff claims, after all just and fair allowances up to the time of bringing this ejectment,     pounds, being for (state period for which rent due and last gale day up to which due)

the times at which the same accrued due being as follows:—

Rent due and ending the  day of    19 , £

Rent due and ending the  day of    19 , £

And if the amount thereof be paid to the Plaintiff or the Plaintiff's Solicitor, together with the sum of £2 in respect of all costs of such ejectment proceedings within five days from the service hereof, all further proceedings will be stayed.

Signed,

............................................................ ...................

Plaintiff or Plaintiff's Solicitor.

XVII.—DECREE IN EJECTMENT FOR NON-PAYMENT OF RENT

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No

A.B. of

in the County of

(residence and addition of Plaintiff)

/images/v08p0938.gif

By the Justice of the District Court.

It appearing to the Justice that the Plaintiff caused a civil process to be brought at the sitting of the District Court for the hearing of Civil proceedings at

Plaintiff.

on the day of

19 , against

C.D. of

in the County of

and District aforesaid

(residence and addition of Defendants)

the Defendant for the recovery of (describe the premises as in the civil process), held by the Defendant as tenant thereof to the Plaintiff at the

Defendants.

rent of

which civil process was brought on the ground that (state period for which rent is due), rent of said premises was in arrear and unpaid.

And it appearing to the Justice that the civil process was duly served upon the Defendant, requiring the Defendant and all persons claiming any interest in the said premises to appear at the said District Court to answer the said civil process, and that no other person was in the actual possession of the said premises as tenant or under tenant.

And it appearing to the Justice that the said premises were held by the said Defendant as tenant thereof to the Plaintiff at the rent of

and that the sum of being the amount of (state period for which rent is due), rent and arrears of rent up to the

day of , 19 , was due and owing to the said Plaintiff by the said Defendant in respect of the said tenancy at the time of service of the said civil process after all just and fair allowances.

And it further appearing that the sum of in all is due and owing by the Defendant to the Plaintiff for rent due up to the day of

19

It is therefore ordered and decreed by the Justice that the Plaintiff be put into the possession of the said premises, and the Under-Sheriff of the County in which the said premises are situate is hereby commanded to put the Plaintiff into possession of the said premises.

And it is further ordered and decreed by the Justice that the Plaintiff do recover from the Defendant the sum of £ for costs and witnesses' expenses, and the several Under-Sheriffs in Saorstát Eireann are also hereby commanded to take in execution the goods of the said Defendant to satisfy the said costs and witnesses' expenses.

Dated this day of 19

Signed,............................................................ .

Justice of the District Court for the said District.

............................................................ ...............

Plaintiff or Solicitor for the Plaintiff.

(Under-Sheriff's Warrant to be added.)

XVIII.—EJECTMENT BOOK.

District No.

District Court Area of

The

day of

19

Plaintiff

Defendant

Cause of Action.

Decision

XIX.—CERTIFICATE OF LODGMENT OF RENT AND COSTS.

(TITLE OF ACTION.)

I hereby certify that     , of    , the above-named Defendant, has this day deposited with me the sum of

pounds for rent   and pounds for costs.

Given under my hand, this    day of  19 .

Signed............................................................ ..................................

Clerk of the District Court for the Court Area aforesaid.

XX.—DECREE IN PROCEEDINGS FOR RECOVERY OF TAX OR DUTY UNDER MANAGEMENT OF REVENUE COMMISSIONERS.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE.

(District Court of Justice.)

District Court Area of

District No.

The Attorney-General of Saorstát Eireann,

/images/v08p0940.gif

By the Justice of the District Court.

It appearing to the Justice that a

Civil process to appear at the

Sitting of the District Court for the

Plaintiff.

hearing of Civil proceedings at

C.D. of

in the County of

and District aforesaid

(residence and addition of Defendant)

on    the day    of

19 , was duly served on the

Defendant, and that the Defendant

is justly indebted to the Minister for Finance for the benefit of the

Defendant.

Central Fund in the sum of for (state cause of action from Civil process)

It is, therefore, ordered and decreed by the Justice, that the Attorney-General of Saorstát Eireann do recover from the defendant the said sum together with the sum of for costs and witnesses expenses, and the several Under-Sheriffs in Saorstát Eireann are hereby commanded to take in execution the goods of the Defendant to satisfy the said debt, costs and witnesses' expenses. And in the event of the goods of the Defendant not being sufficient to satisfy the said debt, costs and witnesses' expenses, or in the event of the Defendant having no goods which can be taken in execution to satisfy the said debt, costs and witnesses' expenses as aforesaid, the Under-Sheriff to whom this decree is handed for execution, is hereby commanded to give a certificate to that effect in the form endorsed hereon and transmit this decree with such Certificate signed by him to the Superintendent or other proper officer of the Garda Siochana who shall act for the place where the District Court shall be held, and such Superintendent or other proper Officer of the Garda Siochana on receipt of this Decree from the Under-Sheriff with the Certificate endorsed hereon, signed by the said Under-Sheriff, is hereby commanded forthwith to hand the said Decree to a member of the Garda Siochana, who shall, with all due expedition, arrest and convey the Defendant to the nearest prison, and there deliver the Defendant so arrested to the Governor of such prison, there to remain and be kept by such Governor until satisfaction be made of such debt, costs and witnesses' expenses.

Dated at this day of 19

Debt..

£

Costs..

£

Witnesses'

£

Expenses..

£

Total..

£

............................................................ ................

Justice of the District Court for said District.

............................................................ .................

State Solicitor.

(Under-Sheriff's Warrant to be added.)

CERTIFICATE.

To The Superintendent or other Proper Officer of the Garda Siochana.

at

I hereby certify that the Goods of the within-named Defendant are not sufficient to satisfy the debt, costs and witnesses' expenses (or that the within named Defendant has no goods which can be taken in execution to satisfy the debt, costs and witnesses' expenses in within Decree mentioned).

Given under my hand this    day of  19

............................................................ ......

Under-Sheriff of the County of

XXI.—TITLE OF AFFIDAVIT GROUNDING APPLICATION FOR EXAMINATION ORDER.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE.

(District Court of Justice).

District Court Area of

District No.

In the Matter of an intended application

Between

Creditor and Plaintiff.

and

Debtor and Defendant.

And in the Matter of the Enforcement of Court Orders Act, 1926 .

XXII.—EXAMINATION ORDER. SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE.

(District Court of Justice.)

ENFORCEMENT OF COURT ORDERS ACT, 1926 .

District Court Area of

District No.

Between

Plaintiff;

and

Defendant.

Upon application made to the Court this day, and upon reading the affidavit lodged on behalf of the Plaintiff (or upon hearing the oral evidence offered on behalf of the Plaintiff), and being saitisfied that a sum of £   is now due by the Defendant to the Plaintiff, for debt and costs, under a judgment of a competent Court, namely (set out date of judgment and name of court by which given), and that the Defendant ordinarily resides at       which is situate within this Court Area and District, and that the Defendant has no goods which could be taken in execution under any process of the Court by which the said judgment was given

Now I,      being the Justice of the District Court

sitting for this Court Area, do hereby order the Defendant,

    of     in the County of

    to attend before me or such other Justice of the District

Court as may be sitting at the District Court to be held at

     in the County of   on

the     day of     192 , at    o'clock in the

noon, to be examined as to his means. And I do further order that not less than one week before the sitting of the said Court, the Defendant do lodge with the Clerk of the said District Court at the Court House at

a full statement in writing, to be signed by said Defendant, setting forth: (1) his assets and liabilities; (2) his income from all sources; (3) the means by which such income is earned or the source from which it is derived; and (4) the persons for whose support he is legally or morally liable.

Dated this   day of  192 .

............................................................ ......

Justice of the District Court.

To

of

(the above-named Defendant.)

(NOTE.— A debtor failing to lodge a statement of means in compliance with this Order, or failing to attend at the District Court named, and submit himself for cross-examination as to his means, incurs the risk of having an Order made against him for payment in one sum of the full amount due by him, and imprisonment consequent upon failure to comply with such Order. A Defendant lodging a statement of means, which to his knowledge is false, may be imprisoned with hard labour for a period not exceeding three months.)

XXIII.—ORDER FOR ARREST AND IMPRISONMENT UNDER SECTION 16 of ENFORCEMENT OF COURT ORDERS ACT, 1926

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE.

(District Court of Justice.)

District Court of

District No.

Between

Plaintiff;

and

Defendant.

The Defendant having been duly served with an Examination Order dated the

    day of   192  , and having in compliance with said

Order, lodged with the Clerk of this District Court, a statement of his means.

And I being satisfied, upon evidence produced before me this day, that the said statement of means, so lodged, is false, to the knowledge of the Defendant in certain particulars, namely as to the amount of his income (or as the case may be) have ordered that the said Defendant,   of in the County of,

be arrested and imprisoned in the Prison at     for a period of

This is to command you to whom this warrant is addressed, to arrest the said Defendant and lodge him in the Prison at there to be imprisoned for a period of

And for this the present warrant shall be a sufficient authority to all whom it may concern.

Dated this  day of  192 .

............................................................ ............

Justice of the District Court.

To

The Superintendent of the Garda Siochana

at   and his Assistants.

XXIV.—ORDER FOR PAYMENT OF DEBTS AND COSTS BY INSTALMENTS OR OTHERWISE.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE.

(District Court of Justice.)

ENFORCEMENT OF COURT ORDERS ACT, 1926 .

District Court Area of

District No.

Between

Plaintiff;

and

Defendant.

Upon hearing what was offered this day on behalf of the Plaintiff, and the Defendant having failed to appear, and proof having been given of the due service upon the Defendant of the Examination Order herein dated the day of

    192   (or upon hearing what was offered this day

on behalf of the Plaintiff and the Defendant respectively).

It is ordered that above-named Defendant of

   in the County of     , do pay to the Plaintiff the sum of £  together with interest thereon at the rate of £4 per centum per annum, from the  day of  19 the date of the judgment (or the sum of £  being the amount of the debt and costs set forth in the Circuit Court or District Court Decree dated the  day of   19  ) together with the sum of £  being the costs of these proceedings, in manner following: (set out mode in which the payment is to be made).

Dated this   day of  192 .

............................................................ ...............

Justice of the District Court

.

To

of

the above-named Defendant.

XXV.—SUMMONS BY CREDITOR FOR COMMITTAL IN DEFAULT OF PAYMENT.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE.

(District Court of Justice.)

ENFORCEMENT OF COURT ORDERS ACT, 1926 .

District Court Area of

District No.

Between

Plaintiff;

and

Defendant.

The Defendant is hereby required to attend at the District Court to be held

at     in the County of       on the

  day of    192  , at o'clock in the   noon upon the hearing of an application on behalf of the Plaintiff for an Order that the Defendant be committed to prison for his failure to comply with an Order for Payment made against him on the  day of 192 or for such other relief as to the Court in the circumstances may seem meet, and for the cost of the application.

Dated this  day of 192.

To

of

Signed,................................................

the above-named Defendant.

Justice of the District Court, Peace

Commissioner or District Court Clerk

XXVI.—ORDER FOR ARREST AND IMPRISONMENT UNDER SECTION 18 of ENFORCEMENT OF COURT ORDERS ACT, 1926 .

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE.

(District Court of Justice.)

ENFORCEMENT OF COURTS ORDERS ACT, 1926.

District Court Area of

District No.

Between

Plaintiff;

and

Defendant.

Upon application made this day by the Plaintiff, and proof having been given to my satisfaction of the due service upon the Defendant of the Order for Payment made herein on the day of    192  , and of the Defendant's failure to comply with said Order, and having heard what was offered on behalf of the Defendant (or proof having also been given to my satisfaction of due service upon the Defendant of the Summons herein dated the day of 192 ).

It is ordered that the above-named Defendant, of

   in the County of   be, for default in payment of £  , being the amount of the first instalment (or as the case may be) of the judgment debt of £ and costs directed to be paid, pursuant to the Order made herein and dated the  day of

192 , committed to the Prison at   to be imprisoned there for the period of  unless he, or some one on his behalf, shall sooner pay to the Clerk of the District Court at   or to the Governor of the said Prison for the said Clerk the sum of £   being the full amount directed to be paid by said Order of the  day of

  192 , together with the sum of £  , being the costs of and incidental to this application.

Dated this  day of   192 .

............................................................ .....

Justice of the District Court.

The Superintendent, Garda Siochana,

at   and his Assistants.

XXVII.—CERTIFICATE OF PAYMENT.

SAORSTÁT EIREANN:

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE.

(District Court of Justice.)

ENFORCEMENT OF COURT ORDERS ACT, 1926 .

District Court Area of

District No.

Between

Plaintiff;

and

Defendant.

I hereby certify that       now imprisoned in the Prison at

upon an Order dated the    day of

  192 , of  Justice of the District Court, at the suit of

for non-payment of an instalment (or as the case may be) of £

has satisfied the full amount of the said debt and costs mentioned in the said Order.

Dated this   day of  192 .

...........................................................

District Court Clerk.

XXVIII.—CERTIFICATE OF REFUSAL.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE.

(District Court of Justice.)

District Court Area of

District No.

In the Matter of an intended application

between

Creditor and Plaintiff

and

Debtor and Defendant.

This is to certify that an application was made on the  day of

  192 , by   in the County of

for an Order that an Examination Order might issue directed to

  of    in the County of and

that such application was refused by me.

Dated this   day of   192 .

............................................................ .

Justice of the District Court.

XXIX.—CLAIM TO GOODS TAKEN IN EXECUTION.

TAKE NOTICE that on the  day of   my goods and chattels, that is to say were wrongfully seized by you in execution at   in the County

and that you are hereby required to return same to me forthwith.

My address for service of documents is as stated hereunder:

Dated this    day of  192 .

(Signed),

C.D.

(Claimant).

of

(Address for service)

in the County of

To A.B., Under-Sheriff of the County of

XXX.—NOTICE TO EXECUTION CREDITOR OF CLAIM TO GOODS TAKEN IN EXECUTION.

TAKE NOTICE that C.D., of   in the County

has claimed the goods, that is to say

taken in execution by me, under the warrant of execution issued in the proceedings

in which you were

/images/v08p0945a.gif

plaintiff

plaintiff

or

and

was

or

defendant

defendant.

You are hereby called upon within two days after receiving this notice, to give me notice in writing whether you admit or dispute the title of the said C.D. to the said goods or any of them. If by such notice you admit the title of said C.D., or request me to withdraw from possession, you will not be liable for any fees or expenses incurred after the receipt by me of your notice.

Dated this   day of 192 .

(Signed),............................................................ ................

Under-Sheriff of the County.

To E.F., of

in the County

(Execution Creditor.)

XXXI.—NOTICE BY EXECUTION CREDITOR OF ADMISSION OF TITLE OF CLAIMANT, OR REQUEST TO THE UNDER SHERIFF TO WITHDRAW.

TAKE NOTICE that I admit the title of C.D. to the goods seized by you (or that I request you to withdraw from possession) under the execution issued in the proceeding in which (I) was Plaintiff, and Defendant.

(Signed), E.F., of

To A.B., Under-Sheriff.

XXXII.—NOTICE TO CLAIMANT TO MAKE DEPOSIT.

WHEREAS you, C.D., of in the County

have claimed the goods, that is to say

taken in execution by me, under the Warrant of Execution

in the proceedings entitled Plaintiff, and

Defendant: Take Notice that you are required within two days after the service hereof upon you, to deposit with me the amount for which said warrant of execution was issued, videlicet £ (or in the

event of the value of the goods and chattels as determined by the Under-Sheriff (or by an appraiser appointed by the Under Sheriff) being less than the amount for which the process was issued) the sum of £ , being the value of the said goods and chattels as determined by me (or as determined by

an appraiser appointed by me), such deposit to be by me paid into Court to abide the decision of the Justice of the District Court upon your claim, Upon receiving such deposit I shall forthwith withdraw from the possession of said goods and chattels.

And, further, take notice that in default of your making such deposit with me, application may be made either by me or by the Execution Creditor after an Interpleader Civil Process shall have been served upon you, for an order by the Justice of the District Court for the sale of all or any of said goods by me, subject to such conditions as to giving security or otherwise as the Justice may think proper.

Dated this day of 192 .

(Signed),............................................................ ............

Under Sheriff.

Office for Service.

To C.D., The Claimant.

XXX II.—NOTICE OF APPLICATION TO THE JUSTICE FOR SALE OF CHATTELS.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE.

(District Court of Justice.)

(Title of Proceedings as in Form XXXV.)

TAKE NOTICE that on the day of 192 ,

application will be made to the Justice of the District Court at the Courthouse at

, at o'clock, for an Order for the sale, by the Under Sheriff of being (or part of) the goods and chattels mentioned in the Interpleader Civil Process herein, subject to such conditions as the Justice may think proper, and that the costs of and incidental to this application shall be provided for by the Justice on the hearing of the Interpleader Civil Process.

Dated the day of 192 .

(Signed), E.F., Execution Creditor,

Address for service.

or X.Y., Solicitor for said E.F.)

To A.B., (Under Sheriff).

and

C.D., (Claimant],

and Justice of the District Court.

or

(Signed), A.B., Under Sheriff.

Address for Service.

(or X.Y., Solicitor for said A.B.)

To C.D., (Claimant).

and

E.F., (Execution Creditor).

and Justice of the District Court.

XXXIV.—ORDER BY JUSTICE FOR SALE OF GOODS TAKEN IN EXECUTION.

SAORSTÁT EIREANN.

AN CHÚIRT BREITHEAMHNAIS DÚITHCHE.

(District Court of Justice.)

(Title of Proceedings as in Form XXXV.)

Upon the application of (Under Sheriff or Execution Creditor), and upon hearing    and (Execution Creditor or Under Sheriff), it is ordered that (upon security being given by the defendant E.F.), the Under Sheriff do proceed to sell by public auction enough of the goods seized by the Under Sheriff pursuant to Warrant in the proceedings (entitled

plaintiff, and      Defendant) to satisfy:—

(1) the expenses of and incident to the sale ;

(2) the fees of the Under Sheriff in relation to said execution;

(3) the claim of the Execution Creditor (E.F.)

And it is further ordered that the Under Sheriff do pay the proceeds of the sale into Court to abide the Order of the Justice on the hearing of the Interpleader Civil Process herein, and any of the parties are to be at liberty to apply to the Court on the said hearing before the Justice as they may be advised.

Dated the   day of    192 .

............................................................ ............

Justice of the District Court.

............................................................ ............

Solicitor for the said Applicant.

XXXV.—INTERPLEADER CIVIL PROCESS.

AN CHÚIRT BREITHEAMHNAIS DÚITHCHE.

(District Court of Justice.)

District Court Area of

District No.

A.B., of

in the County of

(residence and addition)

(Under Sheriff)

/images/v08p0947.gif

By the Justice of the District Court.

The defendants are hereby required personally to appear at the District Court for the hearing of Civil Proceedings to be held at

in the said District, on the

day of 192

and to maintain or relinquish their

Plaintiff:

respective claims to the goods and chattels, that is to say

C.D., of

in the County of

(residence and addition)

(Claimant)

(          )

taken in execution in said District, under the Execution Order in the

proceedings entitled

and

Plaintiff ;

E.F., of

and

Defendants.

(residence and addition)

(Execution Creditor)

in regard to which execution a claim has been made by C.D., one of the Defendants herein: and the Plaintiff will seek for an order that the Under

Defendants.

Sheriff's fees and expenses be provided for.

Dated the     day of     192  .

(Signed),

the Plaintiff.

(or X.Y.,

Solicitor for said Under-Sheriff

Plaintiff)

Office for Service.

XXXVI.—INTERPLEADER DECREE.

SAORSTÁT EIREANN.

AN CHÚIRT BREITHEAMHNAIS DÚITHCHE.

(District Court of Justice.)

District Court Area of

District No.

A.B., of

in the County of

(residence and addition)

(Under Sheriff)

/images/v08p0948.gif

By the Justice of the District Court.

It appearing to the Justice that an Interpleader Civil Process requiring the Defendants to appear at the sitting of the District Court for the hearing of civil proceedings at

on the day of

Plaintiff;

19 , was duly served on the Defendants, and that C.D., the Claimant

C.D., of

in the County of

(residence and addition)

(Claimant)

Defendant is (not) entitled to the goods and chattels, that is to say

(           ),

taken in execution in said District

and

under the execution order in the

E.F., of

(residence and addition)

(Execution Creditor)

proceedings entitled (     ),

Plaintiff, and (       ),

Defendant (or and that the claim of

Defendants.

the said C.D. (E.F.) has been withdrawn ; (or and that the said C.D.

(E.F.) has failed to appear) (or and that (    being portion of) the said goods and chattels, ought to be sold by the Under-Sheriff, and the proceeds (say how disposed of) (or and that £ being the money deposited with the Plaintiff Under Sheriff be (say how to be dealt with), (or and that the security given to the Under Sheriff should be realised), (or and that the Plaintiff Under Sheriff is entitled to the sum of £  for fees and expenses and that said sum should be paid by the Claimant (or and the Execution Creditor (say in what proportion if by both). It is therefore ordered and decreed by the Court that (the said Under Sheriff do proceed to sell by public auction the said goods and chattels, and pay the balance into Court to abide further order : And a is further ordered and decreed that do recover from the said       £   for costs ; and that the said Under Sheriff do recover from the said     (as the case may be) the sum of £ for fees and expense, (and from the said the sum of £ for costs.). And it is further ordered and decreed by the Court that (here set out any further determination of any other matter arising in connection with the proceedings or as between Plaintiff and Defendants or either of them or between the Defendants.) And the several Under Sheriffs in Saorstát Eireann are also hereby commanded to take in execution the goods of , to satisfy the said costs.

Dated this    day of   192 .

............................................................ .........................

Justice of the District Court.

............................................................ .........................

Solicitor for the

(Under-Sheriff's Warrant to be added.)

FIRST SCHEDULE.—PART III.

I.—CERTIFICATE OF TRANSFER OF A LICENCE.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No.

I,      , Clerk of the District Court for the Court Area aforesaid do hereby certify that      , of

in the County of      , is entitled to receive a licence for (describe nature of licence) in respect of the premises situate at (describe premises and situation thereof specifying townland, or if in a town the street and the number of the premises and County).

Dated this    day of     19 .

Signed,............................................................ ..............................

Clerk of the District Court for the Court Area aforesaid.

II.—CERTIFICATE OF REFUSAL.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No.

Application of    , of     for

(set out the nature of the application)

This is to certify that on the     day of    , 19 ,

an application was made to me by      , of ,

for (set out nature of application) in respect of premises situate at

within the District and Court Area aforesaid, and that such application was refused by me.

Dated this    day of    , 19 .

Signed,............................................................ .............

Justice of the District Court

III.—REGISTER OF LICENCES.

District No.           District Court Area of

Description and Situation of Licensed Premises

Date and Description of the Licence

Name and Address of Licence Holder

Name and address of the Owner of the Premises to which Licence is attached

Dates of all Certificates given by Justice of the District Court and purpose for which given i.e., Transfer or Renewal of Licence .

Record of Convictions, Forfeiture of Licence, Disqualification of Premises and Orders of Exemption

FIRST SCHEDULE.—PART IV.

I.—NOTICE OF APPEAL.

SAORSTÁT EIREANN.

(TITLE OF ACTION.)

Take notice that the Defendant (or the Plaintiff or other party appealing) hereby appeals to the Judge of the Circuit Court at the next sitting of the Circuit Court at    against the decree (or dismiss, conviction or order) made by the Justice of the District Court in this action (or prosecution proceeding or matter) on the    day of     , 19 ,

(or against so much of the decree made by the Justice of the District Court in this action) as declared (set forth the part of the decree complained of).

Dated this    day of   , 19 .

Signed,............................................................ ............

Defendant or Defendant's Solicitor

To the Opposite Party

and the Clerk of the District Court at

II.—RECOGNIZANCE OF APPEAL IN CIVIL CASES.

SAORSTÁT EIREANN.

(TITLE OF ACTION.)

Be it remembered that on the   day of     , in the year of our Lord, One Thousand Nine Hundred and       , C.D., of

(description), the above-named Defendant, and E.F., of

(description), and G.H., of

(description), personally came before me, the undersigned, a Justice of the District Court (or Peace Commissioner) for District No.   , and jointly and severally acknowledged themselves to be indebted to the Plaintiff in the sum of

, to be made and levied off their several goods and chattels, lands and tenements respectively to the use of the Plaintiff if the said C.D., the above-named Defendant, fail in the condition endorsed hereon.

Taken and acknowledged the day and year first above-mentioned

at       , in the District aforesaid before

me

Signed,............................................................ ................................

Justice of the District Court or Peace Commissioner.

The condition of the above-written recognizance is such that if the said C.D., the above-named Defendant, prosecute his appeal in this action at the next sitting of the Circuit Court, to be held at     , or at any other sitting of said Circuit Court to which the appeal may be adjourned and pay such sum as shall be awarded against him, the said C.D., then the above recognizance be void otherwise to remain in full force and effect.

III.—RECOGNIZANCE OF APPEAL IN CRIMINAL CASES.

SAORSTÁT EIREANN.

(TITLE OF PROCEEDINGS.)

Be it remembered that on the     day of    in the

year of Our Lord One Thousand Nine Hundred and   C.D.,

of   (description), the above-named Defendant, and

E.F., of     (description), and G.H.,

of (description), personally came before me, the undersigned, a Justice of the District Court ( or Peace Commissioner) for District No. ,

and severally acknowledged themselves to owe to Saorstát Eireann the several sums following, that is to say: the said C.D., the sum of

pounds, and the said E.F. and G.H., the sum of     pounds, to be made and levied off their several goods and chattels, lands and tenements respectively to the use of the Minister for Finance of Saorstát Eireann if the said C.D. fail in the condition endorsed.

Taken and acknowledged the day and year first above-mentioned

at     , in the District aforesaid before

me.

Signed,............................................................ ..............................

Justice of the District Court or Peace Commissioner.

The condition of the above-written recognizance is such that if the said C.D., the above-named Defendant, prosecute his appeal in these proceedings to the Circuit Court to be held at   on the   day of   , 19 , and attend personally at the sitting of such Court or any adjournment or adjournments thereof until such appeal shall have been determined, and pay such costs as may be awarded against him then the above recognizance to be void otherwise to remain in full force and effect.

IV.—RECOGNIZANCE IN APPEALS FROM ORDERS FOR IMPRISONMENT UNDER ENFORCEMENT OF COURT ORDERS ACT, 1926 .

(TITLE OF PROCEEDINGS.)

Be it remembered that on the     day of     19

AB, of     the above-named Defendant C.D. of

(description), and E.F. of    (description), personally came before me a Justice of the District Court (or a Peace Commissioner) and severally acknowledged themselves to owe to Saorstát Eireann the several sums following that is to say, the said A.B., the sum of £   , and the said C.D. and E.F., the sum of £    each, to be made and levied off their several goods and chattels, lands, and tenements respectively to the use of the Minister for Finance of Saorstat Eireann, if he the said A.B, fail in the condition endorsed.

Taken and acknowledged the day and year first above-mentioned

at    before me

Signed,............................................................ .......................................

Justice of the District Court or Peace Commissioner.

The condition of the above-written recognizance is such, in that whereas the said A.B, has appealed to the next sitting of the Circuit Court for the District Court Area and County above-mentioned from an Order made against him on the  day of    192 , by the Justice of the District Court under Part III. of the Enforcement of Court Orders Act, 1926 , if, therefore, the said A.B. will personally appear at the next sitting of the Circuit Court to which such appeal has been taken, and at such sitting or sittings of the said Circuit Court to which the hearing of the said appeal may be adjourned, and prosecute said appeal, and will pending the determination of said appeal, reside at such place as was his ordinary place of residence at the time of the service of the Examination Order under Part II. of the Enforcement of Court Orders Act, 1926 , upon him, or at some other place within the County where such ordinary place of residence is situate, then the said recognizance to be void, or else to stand in full force and virtue.

FIRST SCHEDULE.—PART V.

I—NOTICE REQUIRING A CASE STATED.

SAORSTÁT EIREANN.

(TITLE OF PROCEEDINGS.)

Take notice that I,        of     ,

the above-named Plaintiff (or Complainant or Defendant), being dissatisfied with your determination of the above information or complaint (or action) as being erroneous in point of law, do hereby apply to you to state and sign a case setting forth the facts and grounds of such determination for the opinion thereof of the High Court of Justice.

Dated this     day of      , 19 .

Signed,............................................................ ...............................

A party desiring a case stated or Solicitor for such party.

To the Justice of the District Court for

District No.

II.—RECOGNIZANCE IN A CASE STATED.

SAORSTÁT EIREANN.

(TITLE OF PROCEEDINGS.)

Be it remembered that on the       day of

in the year of Our Lord One Thousand Nine Hundred and

      ,A.B., of     (description), C.D., of

    (description), and E.F., of

(description), personally came before me, the undersigned, a Justice of the District Court (or a Peace Commissioner) for District No.  , and severally acknowledged themselves to owe (in civil proceedings "to the Respondent, the several sums following, that is to say, the said A.B., the sum of   , and the said C.D. and E.F., the sum of   , each to be made and levied off their several goods and chattels, lands and tenements respectively, to the use of the said of , if the said A.B. fail in the condition endorsed") ; (or, in criminal cases, " to Saorstát Eireann, the several sums following, that is to say, the said A.B., the sum of and the said C.D. and E.F., the sum of

each to be made and levied on their several goods and chattels, lands and tenements, respectively, to the use of the Minister for Finance of Saorstát Eireann if the said A.B. fail in the condition endorsed.")

Taken and acknowledged the day and year first above-mentioned

at        ,in the District aforesaid.

Signed,............................................................ ..............................

Justice of the District Court or Peace Commissioner.

The condition of the above-written recognizance is such that if the said A.B. prosecute without delay the case stated in these proceedings, and submit to the judgment of the High Court of Justice and pay such costs as may be awarded by the same the said recognizance to be void or else to stand in full force and effect (add for criminal cases, where appellant is in custody " and shall appear in person before the Justice at the sitting of the District Court for the Court Area aforesaid next ensuing after the decision of the High Court of Justice shall be given, to abide such decision unless the determination appealed against be reversed.")

III.—NOTICE TO BE SERVED ON THE RESPONDENT.

SAORSTÁT EIREANN.

(TITLE OF PROCEEDINGS.)

Take notice that I, the above-named Complainant (or Plaintiff or Defendant), do hereby give you notice of an appeal by me by way of case stated from the determination of the Justice of the District Court on the hearing of said information (or complaint or action), and I send herewith a copy of the case stated thereon, delivered to me in pursuance of my application in that behalf.

Dated the     day of   , 19 .

Signed,............................................................ .......

Appellant or Solicitor for Appellant.

To the Respondent.

IV.—CERTIFICATE OF REFUSAL.

SAORSTÁT EIREANN.

(TITLE OF PROCEEDINGS.)

This is to certify that an application was made to me by        

the above-named (Plaintiff, Complainant or Defendant), for a case stated in this matter, and that I refused such application.

Dated this    day of    19

Signed,............................................................ ................

Justice of the District Court for the District aforesaid.

FIRST SCHEDULE.—PART VI.

I.—SERVICE BOOK.

SAORSTÁT EIREANN DISTRICT COURT.

Title of Proceeding

Date of Receipt of Summons

or civil process

or other document

Court to which Proceedings made returnable

Date of Service

Mode of Service

II.—NOTICE OF ADJOURNMENT OF COURT.

SAORSTÁT EIREANN.

AN CHÚIRT BHREITHEAMHNAIS DÚITHCHE

(District Court of Justice).

District Court Area of

District No.

All and every person or persons concerned are hereby required to take notice that, in consequence of the Justice of the District Court assigned to this District not having been in attendance at the District Court appointed to be held here on this day within the time prescribed and limited by the Rules of the District Court, I, under and by virtue of the power and authority vested in me by the said Rules, as Clerk for the above-mentioned Court area, do hereby adjourn the holding of the District Court and the hearing of all proceedings thereat to the next Court-day appointed for the holding of a District Court for said Court area, and all and every person or persons summoned, processed, or bound by recognisance to attend at the District Court appointed to be held here on this day, are hereby bound and required to attend at o'clock, m., at the District Court to be held here on the next Court-day, namely, on the day of   , 19 , without any further notice, summons, or process whatever than that with which they have been already served.

Dated this   day of    , 19 .

Signed ............................................................ .....................

Clerk of the District Court.

SECOND SCHEDULE.

COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.

IN ACTIONS WHERE THE AMOUNT DUE AT THE DATE OF ISSUE OF CIVIL PROCESS DOES NOT EXCEED £2.

Settled before Entry

Costs of Decree if case not defended and payable after Entry or if consent signed.

Costs of Decree if case defended

Dismiss and Defence Fee

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

1.

Instructions to recover amount and including correspondence, attendance, filling in and signing Civil Process and copy for service

0

2

0

0

2

0

0

2

0

Instructions for Defence including correspondence and filling and signing Notice of Defence and copy for service

0

2

0

2.

Paid stamp on original Civil Process

0

1

6

0

1

6

0

1

6

3.

Paid service.

0

1

6

0

1

6

0

1

6

4

Instructions for hearing and preparing Proofs

0

1

0

0

2

6

Instructions for hearing and preparing Proofs

0

2

6

5

Attending and conducting case at hearing.

0

2

0

0

5

0

Attending and conducting Defence at hearing

0

5

0

6

Drawing and signing Decree.

0

1

6

0

1

6

Drawing and signing Dismiss

0

1

6

7

Stamp upon Decree.

0

1

6

0

1

6

Stamp on Dismiss

0

1

6

£0

5

0

£0

11

0

£0

15

6

£0

12

6

COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.

IN ACTIONS WHERE THE AMOUNT DUE AT THE DATE OF ISSUE OF CIVIL PROCESS EXCEEDS £2 AND DOES NOT EXCEED £5.

Settled before Entry

Costs of Decree if case not defended and payable after Entry or if consent signed.

Costs of Decree if case defended

Dismiss and Defence Fee

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

1.

Instructions to recover amount and including correspondence and attendance and filling in and signing Civil Process and copy for service.. .. ..

0

5

0

0

5

0

0

5

0

Instructions for Defence including correspondence and filling and signing Notice of Defence and copy for service

0

5

0

2.

Paid stamp on original Civil Process.. .. .. ..

0

1

6

0

1

6

0

1

6

3.

Paid service

0

1

6

0

1

6

0

1

6

4.

Instructions for hearing and preparing Proofs

0

5

0

0

5

0

Instructions for hearing and preparing Proofs

0

5

0

5.

Attending to lodge original Civil Process for entry and additional copy to keep

0

1

0

0

1

0

Attending to lodge Notice of Defence for entry and additional copy to keep

0

1

0

6.

Attending and conducting case at hearing

0

5

0

0

10

0

Attending and conducting Defence at hearing

0

10

0

7.

Drawing and signing Decree.

0

2

6

0

2

6

Drawing and signing Dismiss

0

2

6

8.

Stamp upon Decree

0

1

6

0

1

6

Stamp on Dismiss

0

1

6

£0

8

0

£1

3

0

£1

8

0

£1

5

0

COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.

IN ACTIONS WHERE THE AMOUNT DUE AT THE DATE OF ISSUE OF CIVIL PROCESS EXCEEDS £5 AND DOES NOT EXCEED £10.

Settled before Entry

Costs of Decree if case not defend and payable after Entry or if consent signed.

Costs of Decree if case defended

Dismiss and Defence Fee

£

s

d

£

s.

d.

£

s.

d.

£

s.

d.

1.

Instructions to recover amount and including correspondence and attendance and filling in and signing Civil Process and copy for service

0

7

6

0

7

6

0

7

6

Instructions for Defence, including correspondence and filling and signing Notice of Defence and copy for service

0

7

6

2.

Paid stamp on original Civil Process

0

1

6

0

1

6

0

1

6

3.

Paid Service

0

1

6

0

1

6

0

1

6

4

Instructions for bearing and preparing Proofs

0

7

6

0

7

6

Instructions for hearing and preparing Proofs

0

7

6

5.

Attending to lodge original Civil Process for entry and additional copy to keep

0

2

0

0

2

0

Attending to lodge Notice of Defence for entry and additional copy to keep

0

2

0

6.

Attending and conducting case at hearing

0

7

6

0

15

0

Attending and conducting Defence at hearing

0

15

0

7

Drawing and signing Decree

0

2

6

0

2

6

Drawing and signing Dismiss

0

2

8.

Stamp upon Decree

0

1

6

0

1

6

Stamp on Dismiss

0

1

6

£0

10

6

£1

11

6

£1

19

0

£1

16

0

COSTS IN CONTRACT AND BREACH OF CONTRACT CASES.

IN ACTIONS WHERE THE AMOUNT DUE AT THE DATE OF ISSUE OF CIVIL PROCESS EXCEEDS £10 AND DOES NOT EXCEED £25.

Settled before Entry

Costs of Decree if case not defended and payable after Entry or if consent signed.

Costs of Decree if case defended

Dismiss and Defence Fee

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

1.

Instructions to recover amount and including correspondence and attendance and filling in and signing Civil Process and copy for service

0

10

6

0

10

6

0

10

6

Instructions for Defence including correspondence and filling and signing Notice of Defence and copy for service

0

10

6

2.

Paid stamp on original Civil Process

0

1

6

0

1

6

0

1

6

3.

Paid service

0

1

6

0

1

6

0

1

6

4.

Instructions for hearing and preparing Proofs

0

10

0

0

10

0

Instructions for hearing and preparing Proofs

0

10

0

5.

Attending to lodge original Civil Process for entry and additional copy to keep

0

2

0

0

2

0

Attending to lodge Notice of Defence for entry and additional copy to keep

0

2

0

6.

Attending and conducting case at hearing

0

10

0

1

0

0

Attending and conducting Defence at hearing

1

0

0

7.

Drawing and signing Decree

0

2

6

0

2

6

Drawing and signing Dismiss

0

2

6

8.

Stamp upon Decree

0

1

6

0

1

6

Stamp on Dismiss

0

1

6

£0

13

6

£1

19

6

£2

9

6

£2

6

6

COSTS IN TORT CASES.

Settled before Entry

Costs of Decree if case not defended and payable after Entry or if consent signed.

Costs of Decree if case defended

Dismiss and Defence Fee

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

1.

Instructions to recover amount and including correspondence and attendance and filling in and signing Civil Process and copy for service

0

10

0

0

10

0

0

10

0

Instructions for Defence including correspondence and filling and signing Notice of Defence and copy of service

0

10

0

2.

Paid stamp on original Civil Process

0

1

6

0

1

6

0

1

6

3.

Paid service

0

1

6

0

1

6

0

1

6

4.

Instructions for hearing and preparing Proofs

0

8

6

0

8

6

Instructions for hearing and preparing Proofs

0

8

6

5.

Attending to lodge original Civil Process for entry and additional copy to keep

0

2

0

0

2

0

Attending to lodge Notice of Defence for entry and additional copy to keep

0

2

0

6.

Attending and conducting case at hearing

0

7

6

0

15

0

Attending and conducting Defence at hearing

0

15

0

7.

Drawing and signing Decree

0

2

6

0

2

6

Drawing and signing Dismiss

0

2

6

8.

Stamp upon Decree.

0

1

6

0

1

6

Stamp on Dismiss

0

1

6

£0

13

0

£1

15

0

£2

2

6

£1

19

6

COSTS IN ORDINARY DEFAULT CASES.

IN ACTIONS WHERE AMOUNT DUE AT DATE OF ISSUE OF PROCESS DOES NOT EXCEED £2.

Settled before Entry

Costs of Decree if not defended and payable after Entry or if consent signed.

Costs if case defended

Costs of Dismiss and Defence Fee

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

1.

Instructions for proceeding and including correspondence and filling and signing Civil Process and copy for service

0

2

0

0

2

0

0

2

0

Instructions for Defence correspondence, Notice of Defence and copy for service

0

2

0

2.

Drawing affidavit to ground Civil Process

0

1

0

0

1

0

0

1

0

3.

Paid Commissioner's fee

0

2

0

0

2

0

0

2

0

4.

Paid Stamp on original Civil Process

0

2

0

0

2

0

0

2

0

5.

Paid service

0

1

6

0

1

6

0

1

6

6.

Instructions for hearing and preparing proofs

0

3

0

Instructions for hearing and preparing proofs for Defence

0

3

6

7.

Attending conducting case at hearing

0

4

0

0

6

0

Attending conducting Defence at hearing

0

6

0

8.

Drawing and signing Decree

0

1

6

0

1

6

Drawing and signing Dismiss

0

1

6

9.

Paid Stamp on Decree

0

1

6

0

1

6

Paid Stamp on Dismiss

0

1

6

Total

£0

8

6

£0

15

6

£1

0

6

£0

14

6

COSTS IN ORDINARY DEFAULT CASES.

IN ACTIONS WHERE AMOUNT DUE AT DATE OF ISSUE OF PROCESS EXCEEDS £2 AND DOES NOT EXCEED £5.

Settled before Entry

Costs of Decree if not defended and payable after Entry or if consent signed.

Costs if case defended

Costs of Dismiss and Defence

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

1.

Instructions for proceeding and including correspondence and filling and signing Civil Process and copy for service

0

7

6

0

7

6

0

7

6

Instructions for Defence, including correspondence, Notice of Defence and copy for service

0

7

6

2.

Drawing affidavit to ground Civil Process

0

2

6

0

2

6

0

2

6

3.

Paid Commissioner's fee

0

2

0

0

2

0

0

2

0

4.

Paid Stamp on original Civil Process

0

2

0

0

2

0

0

2

0

5.

Paid service

0

1

6

0

1

6

0

1

6

6.

Instructions for hearing and preparing proofs

0

5

0

Instructions for hearing and preparing proofs for Defence

0

5

0

7.

Attending conducting case at hearing

0

5

0

0

10

0

Attending conducting Defence at hearing

0

10

0

8.

Drawing and signing Decree

0

2

6

0

2

6

Drawing and signing Dismiss

0

2

6

9.

Paid Stamp on Decree

0

1

6

0

1

6

Paid Stamp on Dismiss

0

1

6

Total

£0

15

6

£1

4

6

£1

14

6

£1

6

6

COSTS IN ORDINARY DEFAULT CASES.

IN ACTIONS WHERE AMOUNT DUE AT DATE OF ISSUE OF PROCESS EXCEEDS £5 AND DOES NOT EXCEED £10.

Settled before Entry

Costs of Decree it not defended and payable after Entry or if consent signed.

Costs if case defended

Cost of Dismiss and Defence Fee

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

1. Instructions for proceeding and including correspondence and filling and signing Civil Process and copy for service

0

10

0

0

10

0

0

10

0

Instructions for Defence, including correspondence, Notice of Defence and copy for service

0

10

0

2. Drawing affidavit to ground Civil Process

0

2

6

0

2

6

0

2

6

3. Paid Commissioner's fee

0

2

0

0

2

0

0

2

0

4 Paid stamp on original Civil Process

0

2

0

0

2

0

0

2

0

5. Paid service

0

1

6

0

1

6

0

1

6

6. Instructions for hearing and preparing proofs

0

7

6

Instructions for hearing and preparing proofs for Defence

0

7

6

7. Attending conducting case at hearing

0

7

6

0

15

0

Attending conducting Defence at hearing

0

15

0

8. Drawing and signing Decree

0

2

6

0

2

6

Drawing and signing Dismiss

0

2

6

9. Paid Stamp on Decree

0

1

6

0

1

6

Paid Stamp on Dismiss

0

1

6

£0

18

0

£1

9

6

£2

4

6

£1

16

6

COSTS IN ORDINARY DEFAULT CASES.

IN ACTIONS WHERE AMOUNT DUE AT DATE OF ISSUE OF PROCESS EXCEEDS £10 AND DOES NOT EXCEED £25.

Settled before Entry

Costs of Decree if not defended and payable after Entry or if consent signed.

Costs if case defended

Costs of Dismiss and Defence

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

1.

Instructions for proceeding and including correspondence and filling and signing Civil Process and copy for service

0

15

0

0

15

0

0

15

0

Instructions for Defence, including correspondence, Notice of Defence and copy for service

0

15

0

2.

Drawing affidavit to ground Civil Process

0

5

6

0

5

6

0

5

6

3.

Paid Commissioner's fee

0

2

0

0

2

0

0

2

0

4.

Paid Stamp on original Civil Process

0

2

0

0

2

0

0

2

0

5.

Paid service

0

1

6

0

1

6

0

1

6

6.

Instructions for hearing and preparing proofs

0

10

0

Instructions for hearing and preparing proofs for Defence

0

10

0

7.

Attending conducting case at hearing

0

10

0

1

0

0

Attending conducting Defence at hearing

1

1

0

8.

Drawing and signing Decree

0

2

6

0

2

6

Drawing and signing Dismiss

0

2

6

9.

Paid Stamp on Decree

0

1

6

0

1

6

Paid Stamp on Dismiss

0

1

6

£1

6

0

£2

0

0

£3

0

0

£2

10

0

COSTS IN CASES OF SPECIAL DEFAULT PROCESS WHERE JUDGMENT MARKED IN DEFAULT OF DEFENCE.

Where amount of debt paid within ten days from service of Special Default Process.

Otherwise.

In cases where Judgment is marked in default of Defence where the amount at the date of issue of the special Default Civil Process does not exceed £2.

Costs will be

£

0

s.

11

d.

6

£

0

s.

18

d.

0

Where amount does not exceed £5

,,

,,

,,

0

17

0

1

10

0

Where amount does not exceed £10

,,

,,

,,

1

2

0

2

0

0

Where amount does not exceed £25

,,

,,

,,

1

9

0

2

12

0

In all cases the sum of 2s. 3d. shall be allowed in addition to the scales of costs hereinbefore set out, for each copy of a Civil Process served after the first, which sum shall include service fee.

All outlay necessarily incurred upon issuing and service of a subpoena or witness summons shall be in addition to fees in above scales of costs.

COSTS IN EJECTMENT CASES.

NON-PAYMENT OF RENT AND OVERHOLDING.

Settled before Entry

Cost of Decree if not defended and payable after Entry

Costs of Decree if case defended

Costs of Dismiss and Defence

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

1.

Instructions for proceeding and including correspondence and filling and signing Ejectment Civil Process and copy for service ..

0

16

0

0

16

0

0

16

0

Instructions for Defence including correspondence and all other necessary steps .. .. ..

0

16

0

2.

Obtaining Certificate of Valuation. Checking same and affidavit of nature of tenancy and on amount of rent due .. .. ..

3.

Drawing Notice to Quit and necessary copies and service thereof and including Commissioner's fee on affidavit .. .. ..

0

2

0

0

2

0

0

2

0

4.

Paid Stamp on Ejectment Civil Process .. .. .. ..

0

3

0

0

3

0

0

3

0

5.

Paid service .. .. ..

0

1

6

0

1

6

0

1

6

6.

Instructions for hearing and preparing proofs .. .. ..

0

7

0

0

10

0

Instructions for hearing and preparing proofs .. .. ..

0

10

0

7.

Attending conducting case at hearing .. .. .. ..

0

7

6

0

15

0

Attending and conducting Defence ..

0

16

0

8.

Drawing and signing Decree Stamp on Decree .. .. ..

0

3

0

0

3

0

Stamp on Dismiss .. .. ..

0

3

0

£1

2

6

£2

0

0

£2

10

0

£2

5

0

In Ejectments there shall be allowed in addition to the Scale of Costs set out above for each additional copy served and to include service 2s. 3d.

The above scale of costs shall not apply to ejectment cases which can be brought before the Court on summons pursuant to the provisions of section 15 of the Summary Jurisdiction (Ireland) Act, 1851, section 10 of the Summary Jurisdiction (Ireland) Amendment Act, 1871, or sections 81, 84, 85, or 86 of the Landlord and Tenant (Ireland) Act, 1860.In such cases costs shall be in the discretion of the Justice and shall not exceed £2 in any case.

ACTION TRANSFERRED FROM THE HIGH COURT TO THE DISTRICT COURT.

A Plaintiff in succeeding in such action shall be entitled to no greater costs than would have been allowed him under the foregoing scales if the suit had been instituted in the District Court. A successful Defendant will be entitled, in addition to the scales of costs set out above, a minimum sum of £7 7s. od, or such greater sum as to the Justices of the District Court may in the circumstances of the case seem fit.

COUNSEL'S FEES.

A.

In contract or breach of contract or tort:—

Where the amount recovered or claimed exceeds £5 and does not exceed £15 .. .. .. .. ..

£1

1

0

Where the amount recovered or claimed exceeds £15 and does not exceed £25 .. .. .. .. ..

£2

2

0

B.

In ejectment for overholding and non-payment of rent ..

£2

2

0

In any case of contract or breach of contract or tort where the amount recovered or claimed does not exceed £5, and a Justice is satisfied that owing to the questions of law involved in the case it is reasonable that Counsel should be employed, he may certify a fee of £1 1s. for Counsel so employed.