S.I. No. 411/2003 - District Court (Estreatment of Recognisances) Rules, 2003

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1.       These rules may be cited as the District Court (Estreatment of Recognisances) Rules 2003.

2        These rules shall come into operation on the 9th day of October, 2003 and shall be read together with all other District Court rules for the time being in force.

3.       The Form numbered 27.6B in Schedule 1 hereof shall be added to Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ). The Forms numbered 27.7 and 27.8 in Schedule 2 hereof shall be substituted for the forms numbered 27.7 and 27.8 in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

Schedule 1

No. 27.6B

SCHEDULE B

O.27. rr.6(1) & 8-10

Warrant to Estreat

Fine No:

CCTS No:

Charge Sheet

Complainant:

Defendant/Surety:

Address:

WHEREAS at the sitting of the District Court at ................................. on the ...................... day of ............................... 20....., the Court, in accordance with section 9 of the Bail Act, 1997 , ordered that the recognisance entered into by you as ^* Principal Party/^* Surety in the above case be estreated as the accused failed to comply with the conditions of the said recognisance.

AND WHEREAS it having been certified by a Judge for the time being assigned to the said District, that a condition thereof had not been performed.

THE COURT DID ORDER that the said recognisance entered into by the said ^* Principal Party/^* Surety be estreated in the sum of €.............. to be paid by the ........ day of ......... 20...... and in default of payment of said sum within the said period, the Court did order that the said sum be levied by distress and sale of the goods and chattels of the said ^* Principal Party/^* Surety unless the said sum be sooner paid.

AND WHEREAS 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^* Principal Party/^* Surety as follows:

TO LEVY the said last mentioned sum by distress and sale of goods and chattels of said ^* Principal Party/^* Surety and by taking ^* Principal Party's/^* Surety's money, or by such distress and such taking of money if necessary unless said last mentioned sum be sooner paid.

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

The sum levied to be paid to:

The District Court Clerk

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

THIS WARRANT TO BE RETURNED IN SIX MONTHS IF NOT EXECUTED

Schedule 2

No. 27.7

SCHEDULE B

O.27. rr.6(2)

NOTICE OF APPLICATION FOR WARRANT OF EXECUTION

(to enforce by committal an Order to Estreat)

Case No: ............................................................ ............................................................ ............

Fine No: ............................................................ ............................................................ ..............

Charge Sheet/Summons: ............................................................ ..................................................

WHEREAS at the sitting of the District Court at............................................................ .............on the.................................day of.........................................20............., the Court made an order estreating a recognisance in the sum of €                  against the respondent herein, a party to the said recognisance,

AND WHEREAS the respondent has not complied with that order, and the Court on the ................. day of ................ 20........ Ordered that the last mentioned sum be levied by distress and sale of the goods of the respondent and issued a warrant of distress for that purpose.

TAKE NOTICE that the applicant herein will apply at the sitting of the District Court to be held at ............................................................ ............................ on the ................... day of .......................20.............. at.................am/pm for the issue of a warrant to commit the respondent herein to prison on the ground that it has been found impossible to execute that warrant of distress for the following reason(s):-............................................................ .................................

Dated this...................................day of...................20..............

To............................................................ ......

Of............................................................ ......

The above named respondent,

And to the District Court Clerk

at............................................................ ......

SCHEDULE B

O.27. rr.6(2)

STATUTORY DECLARATION AS TO SERVICE

I, ........................................................... of............................................................ ................. aged sixteen years and upwards, do solemnly and sincerely declare that I served this original document by

posting a copy thereof at ...................................... Post Office at ............................... am/pm on the                day of            20            in a registered prepaid envelope addressed to the accused/defendant/respondent/          /therein named at the address therein stated, and that the address to which such envelope was sent is the last known residence or most usual place of abode/place of business of the person to whom the document is directed.

The certificate of posting of the said envelope is attached hereto.

I am (the ^* prosecutor/complainant/applicant/            / in the proceedings) ^* (authorised by the person bringing/appealing the proceedings to post the said envelope).

At the time of posting the said envelope the original document was duly issued ^* and stamped,

The said envelope has not to this date been returned undelivered to the sender.

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

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

Declared before me by ........................................... ^* (who is personally known to me)

^* (who is identified to me by ..................................... ^* (who is personally known to me)

at.....................................................in the County of

this                  day of                  20

Notes

This declaration shall be made not earlier than ten days after the day on which the envelope is posted.

No. 27.8

SCHEDULE B

O.27. rr.6(2)

WARRANT OF EXECUTION

(to enforce by committal an Order to Estreat)

Case No: ............................................................ ............................................................ ............

Fine No: ............................................................ ............................................................ .............

Charge Sheet/Summons: ............................................................ ..................................................

WHEREAS at the sitting of the District Court at ............................................................ ...... on the .............................. day of .................................... 20 ..............., the Court made an order estreating a recognisance in the sum of €                  against the respondent herein, a party to the said recognisance,

AND WHEREAS the respondent has not complied with that order, and the Court on the ...................... day of ............................. 20 ................... ordered that the last mentioned sum be levied by distress and sale of the goods of the respondent and issued a warrant of distress for that purpose.

AND WHEREAS upon hearing an application made this day by the applicant for the issue of a warrant to commit the respondent to prison, the Court is satisfied that it has been found impossible to execute that warrant of distress, and grants the application.

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said

respondent

of

and to lodge him/her in the prison at                                                                                        to be imprisoned there for the period of                            unless the said sum of €                        shall be sooner paid                  

Dated this                 day of                       20

To the Superintendent of the Garda Síochána

At ............................................................ ...

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Rules amend Schedule B of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) by the addition of Form 27.6 B in Schedule 1 and by the substitution of forms set out in Schedule 2 in order to facilitate the Estreatment of Recognisances.

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