S.I. No. 220/1973 - Rules of the Superior Courts (No. 1), 1973.


S.I. No. 220 of 1973.

RULES OF THE SUPERIOR COURTS (No. 1), 1973.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48) and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 23rd day of July, 1973.

William O'B. Fitzgerald

Seán de Buitléir

Aindrias Ó Caoimh

T. A. Finlay

Brian Walsh

Weldon R. C. Parke

Frank Griffin

Richard Johnson

I concur in the making of the annexed Rules of Court.

Dated this 26th day of July, 1973.

PATRICK COONEY,

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 1), 1973.

1. The following additional Order shall be inserted immediately after Order 3, viz:

"ORDER 3A.

EXTRADITION ACT, 1965

1. An application for release under section 50 of the Extradition Act, 1965, shall be made by Special Summons.

2. The person who endorsed the warrant on foot of which an order is made under section 47 of the said Act shall be served with such Special Summons."

2. These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 1), 1973.

EXPLANATORY NOTE.

These Rules provide (1) that an application for release under section 50 of the Extradition Act, 1965 (No. 17 of 1965) shall be made by special summons and (2) that the summons shall be served on the person (the Commissioner of the Garda Síochána, a Deputy Commissioner or an Assistant Commissioner) who, under section 43 of the Act, endorsed the warrant on foot of which the District Court, under section 47 of the Act, ordered the delivery over of the person named or described in the warrant.