S.I. No. 296/1941 - District Court Rules (No. 1), 1941.

STATUTORY RULES AND ORDERS. 1941. No. 296.

DISTRICT COURT RULES (No. 1), 1941.

(EXECUTION OF WARRANTS.)

The District Court Rules Committee with the concurrence of the Minister for Justice and in exercise of the powers conferred by the Courts of Justice Acts, 1924 to 1936, and of every and any other power them in this behalf enabling make the following Rules :—

I. Rules 40, and 41 of the District Court Rules, 1926, and the District Court Rules, 1940, are hereby revoked and the following Rule shall be substituted for the Rules so revoked.

II. 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 any place for which such Superintendent or other Officer shall act but that they are to be found elsewhere within the State, 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 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 within the State but are to be found within any other State within which the warrant is, under the law for the time being there in force, capable of being executed, 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 who shall 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.

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 Síochana 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 of the same, according to the Acts regulating the Gárda Síochana.

The provisions of paragraphs (b) and (c) 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.

III. These Rules may be cited as the District Court Rules (No. 1), 1941, and shall be read together with the District Court Rules, 1926.

GIVEN this 29th day of April, 1941.

(Signed) M. J. HANNAN (Chairman),

MICHEAL Ó LEANNÁIN,

LUGHAIDH BREATHNACH,

DENIS B. SULLIVAN,

LIAM PRICE,

WILLIAM G. FALLON,

EDWARD H. BURNE,

JOHN P. CARRIGAN.

I CONCUR in the making of the foregoing Rules.

(Signed) GERALD BOLAND,

Minister for Justice.