S.I. No. 144/1942 - District Court Rules, 1942. (No. 2.)

STATUTORY RULES AND ORDERS. 1942. No. 144.

DISTRICT COURT RULES, 1942. (No. 2.)

DISTRICT COURT RULES, 1942.

CHILDREN ACTS, 1908 to 1941.

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

1. These Rules may be cited as the District Court Rules, 1942 (No. 2)

2. The forms contained in the schedule hereto shall be used in proceedings under the Children Acts, 1908 to 1941, in lieu of the forms contained in the schedules to the Rules made under the Children Act, 1908, on the 31st day of July, 1909.

SCHEDULE.

PART I.

Form I.

SUMMONS TO CHILD OR YOUNG PERSON, OR TO PARENT OR GUARDIAN, OR TO BOTH.

Information has been laid this day by ( or, complaint has been this day made by ) for that (you) A.B., being a child ( or young person under 17), on the day of , 19 , at  in the aforesaid, did 

And information has further been laid by ( or, And complaint has further been made by ) for that you C.D., are the parent ( or guardian) of the said child or young person.

You are therefore (each of you) hereby summoned to appear before the Court of Summary Jurisdiction sitting at on the day of , 19 , at the hour of in the noon, to answer to the said information ( or, complaints).

Given under my hand the day of 19 

Justice of the District Court assigned to said District

Peace Commissioner,

Clerk of the District Court.

Form II.

SUMMONS FOR ATTENDANCE OF PARENT, &c., OF YOUNG PERSON OR CHILD.

Whereas A.B., a child ( or young person) within the meaning of the Children Acts, 1908 to 1941, of whom you are stated to be the father ( or parent or guardian having the possession and control of such child or young person) is charged for that (here set forth the offence charged). ( or whereas application is made for an order for the committal to a Certified Industrial School of one A.B., a child under the age of 15 years, of whom you are stated to be the father ( or parent or guardian having the possession and control of such child).

You are therefore hereby summoned to attend before the Court of Summary Jurisdiction sitting at on the day of 19 , at the hour of in the noon and during all the proceedings of the case.

Given under my hand the day of 19 .

Justice of the District Court assigned to said District,

Peace Commissioner,

Clerk of the District Court.

Form III.

COMMITMENT TO PLACE OF DETENTION ON REMAND.

To the Superintendent of the Gárda Síochána at........................and his Assistants, and all other Peace Officers of the said District No......................and to the Occupier of the Place of Detention at.........................

A.B., hereinafter called the defendant, being a child ( or young person under 17), being brought before the Court of Summary Jurisdiction sitting at , charged with having 

The hearing of the case being adjourned until the day of 19 , at o'clock in the noon.

You, the said Superintendent, are therefore hereby commanded to convey the defendant to the said place of detention, and there to deliver him to the Occupier thereof, together with this warrant, and you, the Occupier of the said place of detention, to receive him into your custody and keep him until the day of 19 , and on that day you the said Members of the Gárda Síochána are required to convey him before the Court of Summary Jurisdiction sitting at at the hour of in the noon, to be further dealt with according to law.

Given under my hand the day of 19 .

Justice of the District Court assigned to said District,

Form IV

COMMITMENT TO PLACE OF DETENTION PENDING TRIAL.

To the Superintendent of the Gárda Síochána at....................and his Assistants, and all other Peace Officers of the said District No.......................and to the Occupier of the Place of Detention at.........................

A.B., hereinafter called the defendant, being a child ( or young person under 17), being brought before the Court of Summary Jurisdiction sitting at , charged with having 

The defendant being committed for trial :

You, the said Superintendent, are therefore hereby commanded to convey the defendant to the said place of detention, and there to deliver him to the Occupier thereof, together with this warrant, and you, the Occupier of the said place of detention, to receive him into your custody, and keep him until the next sitting of the Circuit Court, when you the said Members of the Gárda Síochána are required to convey him before such Court to be further dealt with according to law.

Given under my hand the day of 19 .

Justice of the District Court assigned to said District.

Form V.

CONVICTION (COMMITMENT TO PLACE OF DETENTION).

A.B., hereinafter called the defendant, being above the age of seven years, and a child ( or being a young person) within the meaning of the Children Acts, 1908 to 1941, is this day convicted for that he, on the day of 19 , at within the aforesaid did 

(If detention is ordered :—

And the Court being satisfied that none of the other methods in which the case way legally be dealt with is suitable, it is ordered that the defendant, for his said offence, be committed to custody in the place of detention at and there kept for the space of .)

(If costs are ordered to be paid by a young person, add :—

And it is ordered that the defendant pay to the sum of for costs (by instalments of for every days, the first instalment to be paid) forthwith ( or on the day of ) :

And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant's goods, and in default of sufficient distress that the defendant be committed to custody in the said place of detention for the space of commencing at the termination of the period of detention before adjudged, unless the said sum (and all costs and charges of the said distress) be sooner paid.

(In other cases where costs are ordered, add :—

And it is ordered that C.D., the parent ( or guardian) of the defendant pay to the sum of for costs (by instalments of for every days, the first instalment to be paid) forthwith ( or, on the  day of ) :

And in default of payment it is ordered that the sums due be levied by distress and sale of the said C.D.'s goods, and in default of sufficient distress that the said C.D., be imprisoned in the Prison at and there kept for the space of unless the said sums (and all costs and charges of the (said distress) be sooner paid.

(Where security for good behaviour is required, add :—

And it is further ordered that C.D., the parent ( or guardian) of the said defendant, do forthwith to the satisfaction of this Court give security in the sum of for the good behaviour of the said defendant for the term of now next ensuing).

Given under my hand the day of 19 .

Justice of the District Court assigned to said District.

FormVI.

CONVICTION OF CHILD FOR INDICTABLE OFFENCE.

A.B., hereinafter called the defendant, being a child within the meaning of the Children Acts, 1908 to 1941, and above the age of seven years, is this day convicted (without objection of the parent or guardian, who, though he was informed by the Court of his right to have the child tried by a jury, did not object to the child being dealt with summarily) for that he on the day of at , in the aforesaid, did 

And it is adjudged that (proceed as in other forms of conviction; if whipping is ordered, insert either in addition to or in substitution for any other punishment.

(And that the defendant, being a male child, be, as soon as practicable, privately whipped with strokes of a birch rod by a Member of the Gárda Síochána, in the presence of another member of higher rank than said Member of the Gárda Síochána, and the parent or guardian of the child, if he desires to be present).

Given under my hand the day of 19 .

Justice of the District Court assigned to said District.

Form VII.

CONVICTION OF YOUNG PERSON (BY CONSENT) FOR INDICTABLE OFFENCE.

A.B., hereinafter called the defendant, being a young person within the meaning of the Children Acts, 1908 to 1941, is this day charged for that he on the day of 19 , at in the aforesaid, did  :

The defendant, having being informed of his right to be tried by a jury, and having consented to be dealt with summarily, is convicted of the said offence :

And it is adjudged that (proceed as in other forms of conviction).

Given under my hand the day of 19 .

Justice of the District Court assigned to said District.

Form VIII.

ORDER ON PARENT OR GUARDIAN TO PAY DAMAGES OR COSTS WHERE A CHILD OR YOUNG PERSON IS NOT CONVICTED.

Whereas A.B., hereinafter called the defendant, being a child ( or young person) within the meaning of the Children Acts, 1908 to 1941, has been this day charged for that he, on the day of  , 19 , at within the aforesaid, did 

*See Section 99 (3) of the Act of 1908.

And whereas the Court is of opinion that the charge is proved, but does not proceed to a conviction of the child ( or young person).*

It is ordered that C.D., the parent ( or guardian) of the defendant do pay the sum of for damages and for costs (by instalments of for every days, the first instalment to be paid) forthwith ( or on the day of  , 19 ).

And in default of payment it is ordered that (the sums due under this Order be levied by distress and sale of the said parent's [guardian's] goods, and in default of sufficient distress that) the said parent (guardian) be imprisoned in the Prison at and there kept for the space of unless the said sums (and all costs and charges of the (said distress) be sooner paid.

(Where security for good behaviour is required, add :—

And it is further ordered that the said C.D., do forthwith to the satisfaction of (this Court) give security in the sum of for the good behaviour of the said defendant for the term of now next ensuing.)

Given under my hand the day of 19 .

Justice of the District Court assigned to said District.

Form IX.

See Section 57 of 1908 Act and Section 9, Children Act, 1941 .

ORDER FOR DETENTION IN REFORMATORY SCHOOL.

Before the Court of Summary Jurisdiction sitting at within the District Court Area aforesaid.

A.B., of , hereinafter called the defendant, who appears to the said Court to be twelve years of age or upwards, but less than 17 years of age, to wit, of the age of years, having been born, so far as has been ascertained, on the day of 19 , and who resides at in the county ( or county borough) of , is this day convicted (he being above the age of 15, but under the age of 17, and though informed by the Court of his right to be tried by a jury having consented to be dealt with summarily ( or being of the age of 12 years but under the age of 15 years, without objection of his parent or guardian who, though he was informed by the Court of his right to have the child tried by a jury, did not object to the child being dealt with summarily) for that he, on the day of 19 , at within the aforesaid did (here state the offence).

And it is ordered in pursuance of the Children Acts 1908 to 1941, that the defendant (whose religious persuasion appears to the Court to be ) be sent to the Certified Reformatory School at in the county ( or borough) of , being a school ( or not) conducted in accordance with the doctrines of the Catholic Church, the Managers whereof are willing to receive him ( or to some certified reformatory school to be hereafter named in thisbehalf), and to be there detained until he shall have attained the age of years ( or for the period of commencing from and after the day of ,19 ) ( or this day) ( o r the date of his reception therein)* , and it is further ordered that the said defendant be taken to the place of detention at ( or to the custody of a fit person who is willing to receive him), and to be (there) (by him) detained until he is sent, to a Certified Reformatory School in pursuance of this order, or is otherwise discharged in due course of law.

And it is further ordered that C.D., residing at the (parent of) (person legally) liable to maintain) the said A.B., shall pay to the Inspector of Reformatory and Industrial Schools a weekly sum of shillings (during the whole of the time for which the said A.B., is liable to be detained in the School) (until further order).

Given under my hand the day of 19  .

Justice of the District Court assigned to said District.

* The youthful offender will under S. 68 (1 of the Children Act, 1908, remain under the supervision of the Managers of the School until he is 19. See also Sec. 14 of the Actof 1941.

Form X.

ORDER OF DETENTION IN A CERTIFIED INDUSTRIAL SCHOOL.

Whereas (here insert that one of the recitals in Part II to deal with the said appropriate to the case) ;

And whereas the Court is satisfied that it is expedient to deal with the said child be sending him to a Certified Industrial School.

And whereas the religious persuasion of the said child appears to the Court to be

It is hereby ordered that the said child shall be sent a Certified Industrial School at being a school ( or not) conducted in accordance with the doctrines of the Catholic Church, the Managers whereof are willing to receive him ( or, to some Certified Industrial School to be hereafter named in this behalf) to be there detained intil ( or further period of ) commencing from and after the day of 19 , ( or this day) ( or the date of his reception therein).

And it is further ordered that the said child be taken to (the place of detention at ) ( o r to the custody of a fit person who is willing to receive him), and to be (there) (by him) detained until he is sent to a Certified Industrial School, or is otherwise discharged in due course of law.

And it is further ordered that E.F., residing at the (parent of) (person legally liable to maintain) the said child shall pay to the Inspector of Reformatory and Industrial Schools a weekly sum of shillings (during the whole of the time for which the said child is liable to be detained in the school) (until further order).

Given under my hand the day of 19 .

Justice of the District Court assigned to said District.

* The child will under S. 68 (2) of the Children Act, 1908, remain under the supervision of the Managers of the School until he is 18, unless he is committed for the purpose only of enforcing an attendance order made in consequence of his parent, guardian, or other person legally liable to maintain him, neglecting to provide sufficient elementary instruction for him. See also Sec. 14 of the Actof 1941.

Form XI.

SUMMONS TO PARENT, ETC., UPON COMPLAINT FOR CONTRIBUTION ORDER.

Complaint has been made this day by E.F., a person duly authorised by the Inspector of Reformatory and Industrial Schools to take proceedings in this behalf, for that you are the parent of ( or person liable to maintain) one A.B., who is now detained in the Certified Reformatory (Industrial) School at in the county of under the provisions of the Children Acts 1908 to 1941 and who has been duly ordered to be detained there until he attains the age of years ( o r for the period of commencing from the day of 19 ), and that you are not sufficient ability to contribute to his maintenance.

You are therefore hereby summoned to appear before the Court of Summary Jurisdiction sitting at on the day of at the hour of in the noon to answer said complaint.

Given under my hand the day of 19 .

Justice of the District Court assigned to said District,

Peace Commissioner,

Clerk of the District Court.

Form XII.

CONTRIBUTION ORDER ON PARENT, ETC., OF CHILD IN REFORMATION OR INDUSTRIAL SCHOOL.

E.F., a person duly authorised by the Inspector of Reformatory and Industrial Schools to take proceedings in this behalf, having made a complaint that one C.D., residing at , is the parent of ( or person liable to maintain) a certain child ( or young person), named A.B., of the age of years, or thereabouts, who is now detained in the Certified Reformatory (Industrial) School at in the county of in pursuance of an order duly made under the provisions of the Children Acts 1908 to 1941, directing his detention therein until he attains the age of years ( or for the period of commencing from the day of ,19 ), and that the said C.D., is of sufficient ability to contribute to the maintenance of the said child ( or young person).

On hearing the said complaint it is adjudged that the matter thereof is true, and it is ordered that the said C.D., do pay to the said Inspector of Reformatory and Industrial Schools a weekly sum of shillings and penceduring the whole of the period for which the said child ( or young person) is liable to be detained in the School ( or until ), and the sum of for costs.

Given under my hand the day of 19 .

Justice of the District Court assigned to said District.

Take notice that you are required by Section 75(6) of the Children Act, 1908, to give notice to the Inspector of Reformatory and Industrial Schools of any change of address, under a penalty of £2.

Form XIII.

ORDER FOR DETENTION IN A CERTIFIED DAY INDUSTRIAL SCHOOL.

Whereas (here insert that one of the recitals in Part II of the Schedule appropriate to the case).

And whereas the Court is satisfied that it is expedient to deal with the said child to a Certified Day Industrial School.

And whereas the religious persuasion of the said child appears to the Court to be

It is hereby ordered that the said child shall be sent to the Certified Day Industrial School at being a school ( or not) conducted in accordance with the doctrines of the Catholic Church, to be there detained until ( or not the period of ) ( or the date of his reception therein), during the hours of , being the hours authorised by the rules of the school approved by the Minister, under the provisions of the Children Acts in force for the time being.

And it is further ordered that C.D., residing at the (parent of) (person legally liable to maintain) the said child shall pay to a weekly sum of (during the whole of the time for which the said child is liable to be detained in the school) ( or until further order).

Given under my hand the day of 19

Justice of the District Court assigned to said District.

Form XIV.

INFORMATION ON DISOBEDIENCE OF ORDER ON PARENT, ETC., FOR CONTRIBUTION.

The information and complainant of (hereinafter called the complainant), of on behalf of the Inspector of Reformatory and Industrial Schools, taken upon oath before me, the undersigned, a Justice of the District Court assigned to the said District, the day of , 19, who saith, that by anOrder made under the authority of the statutes in that behalf by the Court of Summary Jurisdiction) sitting at on the day of , 19 . C.D. (hereinafter called the defendant), of was adjudged and ordered to pay to the said Inspector the sum of per week for the support and maintenance of A.B., a child ( or young person) whom the said defendant was legally liable to maintain, and who was duly committed under the authority of the Statutes in that behalf to the Certified Industrial ( or Reformatory) School at

And this deponent further saith that the said defendant hath had due notice of the said Order, and that the payments directed to be made by the said Order have not been made according thereto by the said defendant, and that there is now in arrear for the same the sum of being the amount of arrears for weeks' payments, and this complainant therefore prays justice in the premises.

Exhibited and sworn before me, the day and year first above written, at in the District aforesaid.

Justice of the District Court assigned to said District.

Form XV.

SUMMONS FOR ARREARS.

Complaint has been made this day by (hereinafter called the complainant), on behalf of the Inspector of Reformatory and Industrial Schools, who saith that on the day of , 19 , an Order was duly made under the authority of the statutes in that behalf, by the Court of Summary Jurisdiction sitting at in the said District, by which said Order you were duly ordered and adjudged to pay to the said Inspector the sum of shillings per week.

And the complainant further saith that you have had due notice of the seal Order, and that the payments directed to be made by said Order have not been made according thereto by you, and that there is now in arrear for the same the sum of being the amount of arrears for weeks' payments.

You are therefore hereby summoned to appear before the Court of Summary Jurisdiction sitting at on the day of 19 , at the hour of in the noon, to answer to the said complaint.

Given under my hand the day of 19 .

Justice of the District Court assigned to said District,

Peace Commissioner,

Clerk of the District Court.

Form XVI.

WARRANT OF DISTRESS FOR ARREARS.

Whereas on the day of one thousand nine hundred and ,on the complainant of the Inspector of Reformatory and Industrial Schools, it was adjudged by the Court of Summary Jurisdiction sitting at in the said District that the sum of was then due from C.D., of to the said Inspector under an Order made in pursuance of the Children Acts, 1908 to 1941, together with the sum of for costs.

And default having been made in payment :

You are hereby commanded forthwith to make distress of the goods of the said C.D. (except the wearing apparel and bedding of him and his family, and to the value of five pounds, the tools and implements of his trade) ; and if within the space of five clear days next after the making of such distress, unless the consents in writing to an earlier sale, tHe sum stated at the foot of this Warrant, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods, and pay the money arising therefrom to the Clerk of that Court, and if no such distress can be found to certify the same to that Court.

Given under my hand the day of 19 .

Justice of the District Court assigned to said District.

To the Superintendent of the Gárda Síochána at and his Assistants.

Form XVII.

COMMITMENT IN LIEU OF DISTRESS.

To the Superintendent of the Gárda Síochána at and his Assistants and to the Governor of the Prison at

Whereas C.D., of (hereinafter called the defendant), was this day adjudged before the Court of Summary Jurisdiction sitting at in the said county, to owe to the Inspector of Reformatory and Industrial Schools the sum of due to the said Inspector from him the said defendant, under an Order made in pursuance of the Children Acts, 1908 to 1941, and the sum of for costs.

And default having been made in payment, it was directed that such sums should be levied by distress and sale of the defendant's goods ;

And it appearing to this Court that the defendant has not sufficient goods whereon to levy distress, or that the levy of the distress will be more injurious to the defendant and his family than imprisonment ;

It is ordered that the defendant be imprisoned in the Prison at and there kept for the space of unless the said sums, together with the costs of the commitment and conveying of the defendant to prison, amounting to the sum of be sooner paid.

And you, the said Superintendent, are hereby commanded to take the defendant and convey him to the said prison, and there deliver him to the Governor thereof, together with this warrant ; and you, the Governor of the said prison, to received the defendant into your custody, and keep him for the space of unless the said sums be sooner paid.

Given under my hand the day of 19 .

Justice of the District Court assigned to said District.

Form XVIII.

COMMITMENT IN DEFAULT OF DISTRESS.

To the Superintendent of the Gárda Síochána at and his Assistants, and to the Governor of the Prison at

Whereas C.D., of (hereinafter called the defendant), was on the day of ,19 , before the Court of Summary Jurisdiction sitting at in the said county adjudged to owe to the Inspector of Reformatory and Industrial Schools the sum of due to the said Inspector from him, the said defendant, under an Order made in pursuance of the Children Acts, 1908 to 1941, and the sum of for costs.

And default having been made in payment, it was directed by warrant dated the day of , one thousand nine hundred and , to levy the said sums by distress; and it now appearing that no sufficient distress whereon to levy the said sum could be found ;

You, the said Superintendent, are hereby commanded to convey the defendant to the Prison at , and there deliver him to the Governor thereof, together with this warrant ; and you, the Governor of the said prison, to receive the defendant into your custody and keep him for the space of unless the said sums and all costs and charges of the said distress amounting to the further sum of , and the costs of the commitment and conveying of the defendant to prison amounting to the further sum of , be sooner paid.

Given under my hand the day of 19  .

Justice of the District Court assigned to said District,

PART II.

RECITALS TO BE USED IN ORDERS OF DETENTION IN CERTIFIED INDUSTRIAL SCHOOLS.

A.

Whereas A.B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of , has been found begging [ o r receiving alms] [ or begging ( or receiving alms) under the pretence of singing, playing, performing, or offering for sale (here state article, e.g., matches)] [ or being in a street, premises or place for the purpose of begging or receiving alms] [ or of begging or receiving alms under the pretence of singing, playing, performing, or offering for sale (here state article)], and whereas the Council of the said county ( or county borough) has been given an opportunity of being heard.

B. (1).

Whereas A.B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of , has been found not having any home ( or not having any settled place of abode or visible means of subsistence) ( or having a parent or guardian who does not exercise proper guardianship), and whereas the Council of the said county ( or county borough) has been given an opportunity of being heard.

B. (2).

Whereas A.B., who appears to the Court to be a child under the age of 15 years (having been born so far as has been ascertained on the day of 19 ), and who resides at in the county (or county borough) of , has been found destitute and is not an orphan and his parents ( or his surviving parent or, in the case of an illegitimate child, his mother) are ( or is) unable to support him, and the parents ( or the surviving parent or, in the case of an illegitimate child, the mother) of the said A.B., consenting to such order being made.

And whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

B. (3).

Whereas A.B., who appears to the Court to be a child under the age of 15 years (having been born so far as has been ascertained on the day of 19 ), and who resides at in the county ( or county borough) of , has been found destitute and is not an orphan and his parents ( or his surviving parent or, in the case of an illegitimate child, the mother) are ( or is) unable to support him, and the Court being satisfied that owing to mental incapacity ( or desertion) on the part of the parents ( or the surviving parent or, in the case of an illegitimate child, the mother) of the said A.B., the consent of such parents ( or surviving parent, or mother) to the making of such Order may be dispensed with,

And whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

B. (4).

Whereas A.B., who appears to the Court to be a child under the age of 15 years (having been born so far as has been ascertained on the day of 19 ), and who resides at in the county ( or county borough) of , has been found destitute and is not an orphan and his parents are unable to support him, and the father ( or mother) of the said A.B., consenting to such Order being made, and the Court being satisfied that owing to mental incapacity ( or desertion) of the said mother ( or father), ( or, to the fact that the said mother ( or father) is undergoing imprisonment ( or penal servitude), the consent of the said mother ( or father) to the making of such Order may be dispensed with,

And whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

B. (5).

Whereas A.B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of , is under the care of a parent ( or guardian) who has been convicted of an offense under Part II of the Children Act, 1908, or mentioned in the First Schedule to the said Act in relation to any of his children whether legitimate or illegitimate, and whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

C. (1).

Whereas A.B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of , has been found destitude, not being an orphan and having both parents or his surviving parent ( or, in the case of an illegitimate child, his mother), undergoing penal servitude ( or imprisonment), and whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

C. (2)

Whereas A.B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of , has been found destitute, being an orphan.

And whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

D.

Whereas A.B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of , has been under the care of a parent or guardian, who, by reason of reputed criminal ( or drunken) habits, is unfit to have the care of the child, and whereas the council of the said county ( or county borough has been given an opportunity of being heard.

E.

Whereas A.B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of , is the legitimate ( or illegitimate) daughter of who has been convicted of an offence under Section one ( or Section two) of the Criminal Law Amendment Act, 1935 , in respect of one of his daughters, and whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

F.

Whereas A.B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of , has been frequenting the company of a reputed thief ( or a common or reputed prostitute), and whereas, the council of the said county ( or county borough) has been given an opportunity of being heard.

G.

Whereas A.B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of , has been lodging ( or residing) in a house or the part of a house used by any prostitute for the purpose of prostitution ( or has been living in circumstances calculated to cause, encourage, or favour the seduction or prostitution of the child), and whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

H.

Whereas A.B., who appears to the Court to be a child under the age of 12 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of , has been charged before the Court with the offence of , which is punishable in the case of an adult by penal servitude ( or, if the case be so, here state lesser punishment ), and whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

I.

Whereas A.B., who appears to the Court to be a child over the age of 12 years, but under the age of 15 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of has been charged before the Court with the offense of , which is punishable in the case of an adult by penal servitude ( or, if the case be so, here state lesser punishment ), but has not been previously convicted, and whereas the Court is satisfied that the said child should be sent to a certified school, but, having regard to the special circumstances of the case, should not be sent to a Certified Reformatory School, and is also satisfied that the character and antecedents of the child are such that he will not exercise an evil influence over the other children in a Certified Industrial School, and whereas the Managers of the Certified Industrial School at are willing to receive the said child ; and whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

J.

Whereas the parent ( or guardian) of A.B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of has proved to the Court that he is unable to control the said child, and represents that he desires the said child to be sent to a Certified Industrial School, and whereas the Court is satisfied that the parent ( or guardian) understands the results which will follow ; and whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

K.

Whereas the*

have represented to the Court that A.B., who appears to the Court to be a child under the age of 15 years (having been born, so far as has been ascertained, on the day of ), and who resides at in the county ( or county borough) of ,maintained in the District Institution of the Public Assistance District ( or in the School established for said District Institution) is refractory ( or is the child of parents, one of whom has been convicted of an offence punishable with penal servitude or imprisonment), and that it is desirable that the said child should be sent to a Certified Industrial School ; and whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

L. (1)

Whereas A.B., being the parent of a child who was born, so far as can be ascertained on day of , 19 , and who resides at in the county ( or county borough) was convicted on the day of , 19 , at the District Court at , of an offence under Section 17 of the School Attendance Act, 1926 , in respect of the said child in that he the said being a parent as defined by the said School Attendance Act, 1926 , did between the day of 19 , and the day of 19 , in the School Attendance area (No.-) and within the said district fail to comply with a warning duly served on him/her in accordance with Section 17 of the School Attendance Act, 1926 , requiring him/her to cause the said child to attend school in compliance with the said Act and the said parent was convicted of a second offence under the said Act on the day of , 19 , at the District Court at , in respect of the same child in that he the said parent did between the day of ,19 , and the day of 19 , in the said School Attendance Area and within the district fail to comply with a similar warning under Section 17 of the said Act requiring him/her to cause the said child to attend school ; And whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

* Insert name of Public Assistance Authority.

L. (2)

Whereas A.B., being the parent of a child who was born, so far as has been ascertained, on the day of ,19 , and who resides at in the county ( or county borough) of , was charged at the District Court at in said district, on the day of , 19 , with a contravention of Section 17, of the School Attendance Act, 1926 , in that he, the said being a parent as defined by the School Attendance Act, 1926 , did between the day of , 19 , and the day of , 19 , at in the School Attendance Area (No. — and) within said district, fail to comply with a warning duly served on him/her in accordance with Section 17 of the School Attendance Act, 1926 , requiring him/her to cause his/her child to attend school in compliance with said Act.

And whereas the said parent has satisfied the Court that has used all reasonable efforts to cause the said child to attend school in accordance with the said School Attendance Act, 1926 .

And whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

M.

Whereas an order of detention in the Day Industrial School at under Section 78 of the Children Act, 1908, was made on against A.B., who appears to the Court to be a child under the age of 15 (having been born, so far as has been ascertained on the day of ), and who resides at in the county ( or county borough) of , on the ground that (here state the ground on which the former order was made, following the terms of such recital as the case may require), and whereas the said A.B. wilfully neglects to attend the said Day Industrial School ( or wilfully neglects or wilfully refuses to conform to the rules of the said Day Industrial School) ; and whereas the council of the said county ( or county borough) has been given an opportunity of being heard.

Signed on the 27th day of May, 1942.

M. J. HANNAN.

MICHAEL O LEANNAIN.

DENIS B. SULLIVAN.

L. PRICE.

W. G. FALLON.

EDWARD H. BURNE.

J. P. CARRIGAN.

T. V. CLEARY.

I concur with the making of the foregoing Rules.

(Signed) GERALD BOLAND,

Minister for Justice,

Dated this 10th day of November, 1942.