No. 337/1941:

THE DISTRICT COURT RULES, 1941 (No. 2).

THE DISTRICT COURT RULES, 1941 (No. 2).

ENFORCEMENT OF COURT ORDERS ACTS, 1926 and 1940.

(No. 18/1926 and No. 23/1940).

MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION ACT, 1886, AND ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 (No. 17/1930).

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, hereby make the following Rules :

Rules 122 to 138 of the District Court Rules, 1926, and Forms XVI to XXVIII inclusive, in the second part of the First Schedule thereto shall be annulled and in substitution thereof the following Rules shall have effect :—

" Enforcement of Court Orders Acts, 1926-1940.

RULES.

1. The expression " the Principal Act " in this part of these Rules shall mean the Enforcement of Court Orders Act, 1926 (No. 18 of 1926) (Part II). The expression " the Amending Act " shall mean the Enforcement of Court Orders Act, 1940 (No. 23 of 1940).

PART I.

2. Subject to the provisions of Rule 17 herein, all proceedings under the principal Act, and Part I of the Amending Act shall be brought before a Justice sitting for the District Court Area for Civil Proceedings, wherein the Defendant is ordinarily resident.

3. An application for an examination Order under section 15 of the Principal Act may be made ex parte by the creditor, in person or by his Solicitor, before a Justice sitting for the District Court Area for civil proceedings within which the debtor is ordinarily resident and by evidence upon oath either orally or by affidavit. Such application shall be grounded upon the production of the original or a certified copy of the Judgment or order of the competent Court upon which he relies. The word " order " in this Rule shall include an order of a Court of Summary Jurisdiction for payment of other than a penal sum.

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 three clear days prior to the making of the application and shall be retained by him.

The affidavit shall be entitled as in Form I in the schedule hereto, and shall contain the averments required by section 15 of the Principal Act.

4. A Justice upon being satisfied that a creditor is entitled to have an examination order made, shall make and issue the said order, which shall be in accordance with such modification of Form II in the schedule hereto as may be suitable. A Justice making and issuing such order shall issue and sign an original order and copy order.

5. An examination order shall be served upon the debtor personally fourteen clear days before the sitting of the Court at which the debtor's attendance is required. Provided that on proof upon oath 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 of the District Court Rules of 1926, and may without further evidence issue a fresh examination order for service.

6. A creditor or his Solicitor may attend at the office of the Clerk and inspect and take copies of the statement of means lodged by a debtor.

7. An order for arrest and imprisonment made by a Justice under section 16, subsection 2, of the principal Act shall be in accordance with such modification of Form III in the schedule hereto, as may be suitable.

8. An order of payment of debt and costs made by a Justice under section 17 of said principal Act shall be in accordance with such modification of Form IV in the schedule hereto as may be suitable. A Justice shall forthwith issue and sign an original and copy of such order. The copy of such order shall, when issued, be served as soon as practicable on the debtor.

9. All applications by a creditor under section 6 of the amending Act shall be by summons, which shall be in accordance with such modification of Form V in the schedule hereto, as may be suitable. Every 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 personally upon the debtor seven clear days before the sitting of the Court to which the summons shall be made returnable.

10. An order for arrest and imprisonment of a debtor to be made by a Justice under section 6 of the said amending Act shall be in accordance with such modification of Form VI in the schedule hereto as may be suitable.

11. Before making an order for the arrest and imprisonment of a debtor under section 6 of the said amending Act, a Justice shall be satisfied of the due service upon the debtor of any order made against him under section 17 of the principal Act, and of the debtor's failure to comply with such order, and (in the event of the debtor failing to appear) of due service upon the debtor of the summons mentioned in Rule 9 hereof.

12. Where, subsequent to the arrest and imprisonment of a debtor under section 6 of said amending Act, the amount of the arrears of instalments 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 with all reasonable celerity forward 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 VII in the schedule hereto as may be suitable.

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

14. (a) An application under section 5 of the said amending Act shall be by summons, which shall be in accordance with such modification of Form IX in the schedule hereto as may be suitable, and shall be served personally.

(b) An order made by a Justice under section 5 of said amending Act varying an instalment order shall be in accordance with such modification of Form X in the schedule hereto as may be suitable. A Justice shall issue and sign an original and copy of such order. A copy of such order when issued shall forthwith be served personally on the debtor.

15. Any order or summons to be served upon a debtor shall be served by a person appointed a summons server and (excepting any such summons or order hereinbefore required to be served personally on the debtor) in the manner provided by Rule 15 of the District Court Rules of 1926 and proof of such service shall be given in the manner in Rule 16 prescribed. The remuneration to be paid to the summons server for the service of each such order or summons required to be served personally shall be two shillings and sixpence on proof of service.

16. An order for the arrest and imprisonment of a debtor made by a Justice of the District Court under section 16 of the principal Act or under section 6 of the amending Act shall remain in full force and effect for a period of one year from the date thereof, and no longer.

17. In any district, where the Justice shall so direct, all proceedings under the principal Act or under Part I of the amending Act may be taken either at the Court for Civil Proceedings or a Court of Summary Jurisdiction.

PART II.

18. An application under section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886, for an order for the payment of a weekly sum shall be by summons which shall be in accordance with such modification of Form XI in the schedule hereto as may be suitable.

19. An application under section 8 (1) of the Enforcement of Court Orders Act, 1940 (No. 23 of 1940), shall be made in the District Court Area wherein the original order was made. Such application shall be by information upon oath and in writing. A Justice to whom such application is made may, if he thinks fit, instead of issuing a warrant, issue a summons to such defaulter commanding his appearance before him. Such summons may be served as prescribed by Rule 15 of the District Court Rules of 1926. If, upon the hearing of such summons, the defaulter fails to appear the Justice may issue a warrant for the apprehension of such defaulter to cause him to be brought before him.

20. The warrant of apprehension under section 8 (1) of the amending Act shall in accordance with such modification of Form XII in the schedule hereto as may be suitable.

21. The warrant of distress under section 8 (1) of the amending Act shall be in accordance with such modification of Form XIII of the schedule hereto as may be suitable.

22. Where a defaulter has been sentenced to imprisonment under said last named section, the form of the warrant of execution shall be in accordance with such modification of Form XIV of the schedule hereto as may be suitable.

23. The warrant for detention in custody of a defaulter under section 8 (2) of the amending Act shall be in accordance with such modification of Form XV of the schedule hereto as may be suitable.

24. Where a Justice has issued a warrant of distress and no return or no sufficient return shall have been made, and the defaulter is thereupon sentenced to imprisonment, the form of warrant of execution shall be in accordance with such modification of Form XVI of the schedule hereto as may be suitable.

25. The Justice to whom any application for variation of an order for payment of a weekly sum under section 7 (b) of The Enforcement of Court Orders Act, 1940 (No. 23 of 1940) or section 1, subsection 2, or section 2 of The Married Women (Maintenance in case of Desertion) Act, 1886, shall be made shall be any Justice assigned to the Court Area where the original order for payment of such weekly sum was made. Such application shall be by summons which shall be in accordance with such modification of Form IX of the schedule hereto as may be suitable, and the form of order shall be in accordance with such modification of Form X^a in the schedule hereto as may be suitable.

26. These Rules, of which the schedule hereto forms part, may be cited as the District Court Rules, 1941 (No. 2).

GIVEN this 29th day of April, 1941.

(Signed) M. J. HANNAN,

MICHEÁL O LEANNÁIN,

LUGHAIDH BREATHNACH,

DENIS B. SULLIVAN,

LIAM PRICE,

WILLIAM G. FALLON,

EDWARD H. BURNE,

JOHN P. CORRIGAN,

T. V. CLEARY.

I concur with the making of the foregoing Rules.

(Signed) G. BOLAND,

Minister for Justice.

SCHEDULE OF FORMS.

Form

I—Affidavit Grounding Application.

II—Examination Order.

III—Committal Order under sec. 16, Principal Act.

IV—Instalment Order, sec. 17.

V—Committal Summons, sec. 6, Amending Act.

VI—Committal Order, sec. 6, Amending Act.

VII—Certificate of Payment.

VIII—Certificate of Refusal of Examination Order.

IX—Summons to vary Instalment Order.

X—Variation Order, sec. 5.

Xa—Variation Order (Married Women (Maintenance in case of Desertion) Act, 1886, as Amended).

XI—Married Women's Maintenance Summons.

XII—Warrant of Apprehension under sec. 8 (1) of Amending Act.

XIII—Warrant of Distress under sec. 8 (1).

XIV—Warrant of Committal under sec. 8 (1).

XV—Warrant of Detention under sec. 8 (2).

XVI—Warrant of Committal under sec. 8 (2) d.

Form I

TITLE OF AFFIDAVIT GROUNDING APPLICATION FOR EXAMINATION ORDER.

ÉIRE.

AN CHÚIRT DUITHCHE.

(THE DISTRICT COURT.)

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 Acts 1926-1940

Form II.

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) whereby it appears 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 a Judgment, decree order of the Court dated the , and obtained by the Plaintiff against the Defendant, and that the defendant ordinarily resides at which is situate within the 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 a Justice of the said District Court assigned to said District, do hereby order the defendant to attend before me, or such other Justice of the District Court as may be sitting at the District Court to be held at the COURTHOUSE, on , 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 said , the defendant, DO LODGE WITH THE CLERK OF THE SAID DISTRICT COURT AT THE 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 

To the above-named Defendant

Justice of the District Court.

(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 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.)

Form III.

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

ÉIRE.

The Defendant having been duly served with an Examination Order dated the and having in compliance with said Order, lodged with the Clerk of the 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 

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

Justice of the District Court.

Form IV.

INSTALMENT ORDER.

ENFORCEMENT OF COURT ORDERS ACTS, 1926-1940.

(Section 17. No. 18/1926.)

ÉIRE.

Upon hearing what was offered this day on behalf of the Plaintiff and the Defendant having attended for examination in accordance with the Examination Order herein dated the day of 19 , and the Defendant having failed to satisfy the Justice on examination and cross-examination that the Defendant is not able to pay the sum of £ in one sum or by instalments (or the Defendant having failed to attend for examination in accordance with the Examination Order herein dated the day of . 19 , and proof having been given of the due service upon the Defendant of the said Examination Order).

And, being so requested by the Creditor, I do order that the above-named Defendant, of in the said District Court Area, do pay to the Plaintiff the sum of £ , being the balance due for debt and Costs, pursuant to the Judgment Decree Order of the Court, dated the day of , 19 , together with the sum of £ being the costs of these proceedings in manner following by INSTALMENTS OF £  :  :  EACH ; THE FIRST OF SUCH INSTALMENTS TO BE PAID

Dated this day of 194 .

Justice of the District Court assigned to said District.

Form V.

ENFORCEMENT OF COURT ORDERS ACTS, 1926-1940.

ÉIRE.

The Defendant is hereby required to attend at o'clock in the noon on the at the sitting of the District Court to be held at the in the County of land in said District 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 or for such other relief as to the Court in the circumstances may seem meet, and for the costs of the application.

Dated this 

Justice of the District Court assigned to said District.

Clerk of the District Court for said District.

To 

of 

Form VI.

ORDER FOR ARREST AND IMPRISONMENT UNDER ENFORCEMENT OF COURT ORDERS ACT, 1940 (SEC. 6).

ÉIRE.

WHEREAS by an Order dated made by a Justice of the District Court the said Defendant was ordered to pay the sum of £ and £ costs by instalments of £  the first of said instalments to be paid on and whereas the Defendant has failed to comply with said Order.

AND WHEREAS upon application made this day by the Plaintiff for an Order for Committal of the Defendant for his said default and failure to comply with said Order.

And whereas upon proof of due service of said Order for payment on the Defendant on the day of 19 , and of due service upon the Defendant of the Summons herein dated the day of , 19 .

AND WHEREAS the Defendant has failed to appear upon the hearing of said Summons. (And upon hearing of evidence of the Defendant in person and of it appears to the Court that the said Defendant has failed and neglected to pay the said instalments, and has not shown to my satisfaction that such failure to pay was due neither to his wilful refusal nor his culpable neglect.

NOW it is hereby ordered that the said Defendant for his said default and failure to pay the said instalments be committed to the prison at and there to be imprisoned for the period of from the date of his arrest unless he, or someone on his behalf, shall sooner pay to the Clerk of the District Court at or to you for the said Clerk, or to the Governor of the said prison for the said Clerk, the sum of £ being the amount of all instalments of the said debt and costs which have accrued before and are unpaid at the date of this Order, and a further sum of £ , being the costs of this application, making in all the sum of £ .

Dated this      day of         , 19 .

Justice of the District Court assigned to said District.

To Superintendent,

District, Gárda Síochána,

and his Assistants.

Form VII.

CERTIFICATE OF PAYMENT.

ENFORCEMENT OF COURT ORDERS ACTS, 1926-1940.

ÉIRE.

I hereby certify that now imprisoned in the Prison at , upon an Order dated of , Justice of the District Court, at the suit of for non-payment of an Instalment Order (or as the case may be) of £ , has satisfied the full amount of the said Order.

Dated this 

District Court Clerk.

Form VIII.

CERTIFICATE OF REFUSAL.

ENFORCEMENT OF COURT ORDERS ACTS, 1926-1940.

ÉIRE.

AN CHÚIRT DIUTCHE.

(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 , 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

Justice of the District Court.

Form IX.

SUMMONS TO VARY AN INSTALMENT OR MAINTENANCE ORDER.

ENFORCEMENT OF COURT ORDERS ACTS, 1926-1940.

ÉIRE.

You are hereby required to attend at the District Court to be held at in the County of  on the day of , 194 , at o'clock in the noon upon the hearing of an application on behalf of the to have an Order made in above matter on the day of , 19 , by the Justice at the District Court of District No. varied as provided by Section of the Enforcement of Court Orders Act, 1940 , or for such other relief as the Justice may think reasonable, and for the costs of this application.

Dated this day of

Signed

Justice of the District Court, Clerk of the District Court for said District.

To

of

the above-named Creditor (Debtor).

Form X.

ORDER VARYING INSTALMENT ORDER UNDER SECTION 5.

ENFORCEMENT OF COURT ORDERS ACT, 1940 .

ÉIRE.

WHEREAS by an Order dated made by a Justice of the District Court sitting at the District Court of , District No. , the Debtor was ordered to pay the sum of £ and the sum of £ costs by instalments of , the first of said instalments to be paid on .

AND WHEREAS upon proof of due service of said Order for payment upon the said Debtor on the day of , 19 , and that said Order is still in force.

Upon application made this day by the Debtor (Creditor) in respect of the said Instalment Order and upon proof of due service of the Summons herein dated the day of , 19 , I do hereby vary said Instalment Order and direct that on and from this day of the sum of £ , being the balance of said debt and costs remaining unpaid, together with the sum of £ , the costs of this application be paid by the Debtor in  instalments of £ , the first to be paid on

Dated this

Justice of the said District Court assigned to said District.

To

The above-named Debtor.

Form Xa.

ORDER VARYING MAINTENANCE ORDER MADE UNDER SECTION 1. MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION) ACT, 1886, AS AMENDED BY ENFORCEMENT OF COURT ORDERS ACT, 1940 (No. 23 OF 1940).

ÉIRE.

WHEREAS by an Order dated by a Justice of the District Court the said was directed to pay to , his said wife, a weekly sum of for her support (and the support of her family).

AND WHEREAS the said has had due notice of said Order.

AND WHEREAS upon proof of due service upon the said of the Summons herein dated the .

NOW upon the application of the said and upon proof that the means of the said husband (wife) have been altered in amount since the original Order (or any subsequent Order varying it) was made, it is hereby ordered that the said Maintenance Order be varied by increasing (reducing) the weekly sum to be paid by the said husband to £ , the first of such increased (reduced) payments to be made on

Dated this

Justice of the District Court assigned to said District.

Form XI.

ÉIRE.

AN CHÚIRT DÚITHCHE.

(THE DISTRICT COURT.)

WHEREAS a complaint has been made to me by Complainant, a married woman residing at  , within said District, that you, being the husband of said Complainant and being able wholly, or in part, to maintain her and her family, do wilfully refuse and neglect so to do, and have deserted her, and you will be required to show cause why you should not be ordered to pay to the said Complainant for her support and the support of her family, such weekly sum, not exceeding four pounds, as may be in accordance with your means and any means the Complainant may have.

THIS is to command you to appear as Defendant on the hearing of the said complaint at the , in said District, on the at o'clock, .m., before the Justice for the assigned to the said District.

Dated this

Signed

Clerk of the District Court for said District.

To the above-named Defendant,

of

Form XII.

ÉIRE.

AN CHÚIRT DÚITHCHE.

(THE DISTRICT COURT.)

WARRANT OF APPREHENSION UNDER SECTION 8.

ENFORCEMENT OF COURT ORDERS ACT, 1940 .

District Court Area of

District No.

WHEREAS information and complaint have been made upon oath before me, , a Justice of the District Court assigned to said District, this day of , 194 , by one of in said District, hereinafter called the Applicant, that on the day of , 194 , an Order was made under the Married Women (Maintenance in case of Desertion) Act, 1886; Illegitimate Children (Affiliation Orders) Act, 1930 , in this Court, whereby, hereinafter called the Defaulter, was ordered to pay to said Applicant a weekly sum of for the maintenance of and that the payments directed to be made by the said Order have not been made according thereto by the said Defaulter, and there is now in arrear for the same the sum of £ , being the amount of weekly payments, which have become due and payable within the six months immediately antecedent to this date.

These are therefore to command you forthwith to apprehend the said and convey him before me or some other of the Justices of the District Court assigned to said District, to answer the premises and be dealt with according to law.

Dated this 

Justice of the District Court assigned to said District.

The Superintendent,

District, Gárda Síochána.

Form XIII.

(Distress.)

WARRANT OF EXECUTION UNDER SECTION 8 of ENFORCEMENT OF COURT ORDERS ACT, 1940 .

ÉIRE.

AN CHÚIRT DÚITHCHE.

(THE DISTRICT COURT.)

District Court Area of         District No.

WHEREAS Complaint was on the day of 194 , made to Justice of the District Court assigned to said District, that an Order was made on the day of , 194  , at within said Court Area and District under the Married Women (Maintenance in case of Desertion) Act, 1886; Illegitimate Children (Affiliation Orders) Act, 1930 , directing of (hereinafter called the Defaulter) to pay the weekly sum of and that the said weekly sums which had become due and payable (within the six months immediately antecedent to date of said Complaint) by virtue of said Order, the sum of £ had not been duly paid.

AND WHEREAS upon the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant), I, the said Justice, have caused the Defaulter by Warrant to be brought this day before me sitting at aforesaid.

AND WHEREAS the Defaulter has appeared this day before me, the said Justice, sitting at aforesaid, in obedience to a Summons to answer the said Complaint issued on the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant).

AND WHEREAS upon hearing the Applicant and Defaulter and such evidence as they have respectively adduced, I am satisfied that of the said weekly sums which have become due and payable (within the six months) before the institution of this application by virtue of the said Order of the day of 194 , the sum of £ has not been duly paid.

NOW IT IS HEREBY ORDERED AND DIRECTED that the said sum of £ , together with the sum of £ , the Costs of these proceedings, be levied by distress and sale of the goods of the Defaulter, and be paid to the Clerk of the District Court at within days from this date.

This Warrant to be returned in       days if not executed.

Dated this 

Signed

Justice of the District Court.

To the Under Sheriffs of Éire and the County Registrars acting as such.

and of Court Messengers, or either of them, and their assistants to execute the above Warrant.

Signed

Under Sheriff of said County.

The sum to be levied hereunder is £     .

Under Sheriff.

Form XIV.

(Where no Order for Levy.)

WARRANT OF COMMITTAL UNDER SECTION 8 (1) OF THE ENFORCEMENT OF COURT ORDERS ACT, 1940 ).

ÉIRE.

AN CHÚIRT DÚITHCHE.

(THE DISTRICT COURT.)

District Court Area of District No.

WHEREAS Complaint was on the day of , 194 , made to , a Justice of the District Court assigned to said District, that an Order was made on the day of 194 . at within said Court Area and District under the Married Women (Maintenance in Case of Desertion) Act, 1886; Illegitimate Children (Affiliation Orders) Act, 1930 , directing of (hereinafter called the Defaulter) to pay the weekly sum of and that if the said weekly sums which had become due and payable (within the six months immediately antecedent to date of said Complaint) by virtue of said Order, the sum of £ had not been duly paid.

AND WHEREAS upon the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant), I, the said Justice, have caused the Defaulter by Warrant to be brought before me sitting at aforesaid.

AND WHEREAS the Defaulter has appeared this day before me, the said Justice, sitting at aforesaid, in obedience to a Summons to answer the said Complaint, issued on the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant).

AND WHEREAS upon hearing the Applicant and Defaulter and such evidence as they have respectively adduced, I am satisfied that of the said weekly sums which have become due and payable (within the six months) before the institution of this application by virtue of the said Order of the day of 194 , the sum of £ has not been duly paid.

And the Defaulter not having shown to my satisfaction that the failure to pay the said sum was due neither to his wilful refusal nor to his culpable neglect.

THIS IS TO COMMAND YOU to whom this Warrant is addressed to lodge the said the Defaulter, in the prison at , there to be imprisoned by the Governor of the said Prison for the period of months from this date unless he or someone on his behalf shall sooner pay to the District Court Clerk or to the Governor of the Prison for the District Court Clerk the said sum of £ and the sum of £ costs of said application.

Dated this

Signed

Justice of the District Court.

Superintendent,

District, An Gárda Síochána.

Form XV.

WARRANT OF DETENTION UNDER SECTION 8 (2) OF ENFORCEMENT OF COURT ORDERS ACT, 1940 .

ÉIRE.

AN CHÚIRT DÚITHCHE.

(THE DISTRICT COURT.)

District Court Area of            District No.

WHEREAS Complaint was on the day of 194 . made to , a Justice of the District Court assigned to said District, that an Order was made on the day of 194 . at within said Court Area and District under the Married Women (Maintenance in Case of Desertion) Act, 1886; Illegitimate Children (Affiliation Orders) Act, 1930 , directing of (hereinafter called the Defaulter) to pay the weekly sum of and that of the said weekly sums which had become due and payable (within the six months immediately antecedent to the date of said Complaint) by virtue of said Order, the sum of £ had not been duly paid.

AND WHEREAS upon the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant) the said Justice, have caused the Defaulter by Warrant to be brought this day before me sitting at aforesaid.

AND WHEREAS the Defaulter has appeared before me sitting at aforesaid on this day in obedience to a Summons to answer the said Complaint issued on the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant).

AND WHEREAS upon hearing the Applicant and the Defaulter and such evidence as they have respectively adduced, I was satisfied that of the said weekly sums which have become due and payable (within the six months) before the institution of this application by virtue of the said Order of the day of , 194 , the sum of £ has not been duly paid and did thereupon direct that the said sum of £ together with the sum of £ Costs of said Application be levied by distress and sale of the goods of the Defaulter and further did require the Defaulter to enter into a Recognizance himself in £ with two solvent sureties in £ each to appear before me sitting at the District Court at aforesaid, on the day of , 194 , at o'clock or any adjournment thereof unless the said sum of £ and £ Costs had previously been discharged in full either as a result of such levy or otherwise.

AND WHEREAS the Defaulter on being so required to enter into such Recognizance has not complied with such requirement.

THIS IS TO COMMAND YOU to whom this Warrant is addressed to lodge the said the Defaulter, in the Prison at there to be detained by the Governor of the said Prison until the day of , 194 , when he shall have him at the District Court at aforesaid at the said hour unless he (the Defaulter) be previously released from custody in pursuance of the provisions of Section 8 of the Enforcement of Court Orders Act, 1940 .

Dated this 

Signed

Justice of the District Court

The Superintendent,

District, An Gárda Síochána.

Enforcement of Court Orders Act, 1940 , Section 8 (2) (c)

" if while the defaulter is so in custody either—

(i) he enters into a recognizance before a peace commissioner with sureties to the satisfaction of such peace commissioner to appear before such Justice on the said specified day if the said amount is not previously discharged as a result of such levy or otherwise, or

(ii) the said amount is discharged in full either as a result of such levy or otherwise, the Defaulter shall be released from custody forthwith."

Form XVI.

(Where Levy Order has been made.)

WARRANT OF COMMITTAL UNDER SECTION 8 (2) (d) OF ENFORCEMENT OF COURT ORDERS ACT, 1940 .

ÉIRE.

AN CHÚIRT DÚIRHCHE.

(THE DISTRICT COURT.)

District Court Area of           District No.

WHEREAS Complaint was on the day of ,194 made to a Justice of the District Court, that an Order was made on the day of 194 , at within said Court Area and District under the Married Woman (Maintenance in Case of Desertion) Act, 1886; Illegitimate Children (Affiliation Orders) Act, 1930 , directing of (hereinafter called the Defaulter) to pay the weekly sum of and that of the said weekly sums which had become due and payable (within the six months immediately antecedent to date of said Complaint) by virtue of said Order, the sum of £ had not been duly paid.

AND WHEREAS upon the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant) I, the said Justice, did cause the Defaulter by Warrant to be brought before me sitting at aforesaid on the day of , 194 .

AND WHEREAS the Defaulter appeared before me, the said Justice, sitting at aforesaid on the day of 194 in obedience to a Summons to answer the said Complaint issued on the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant).

AND WHEREAS upon hearing the Applicant and the Defaulter and such evidence as they respectively adduced, I was satisfied on the day of , 194 , that of the said weekly sums which had become due and payable (within the six months) before the institution of this application by virtue of the said Order of the day of 194 the sum of £ had not been duly paid and having directed that the said sum of £ together with the sum of £ for Costs of said proceedings be levied by distress and sale of the goods of the Defaulter, I DID, FURTHER REQUIRE the Defaulter to enter into a Recognizance with sureties to my satisfaction to appear before me, the said Justice, sitting at aforesaid on this date if the said sums had not previously been discharged in full either as a result of such levy or otherwise.

AND WHEREAS the said amount of £ (consisting of the said sum of £ and the said sum of £ for Costs) has not been discharged in full either as a result of such levy or otherwise and of the said amount of £ the sum of £ has not been paid.

And the Defaulter not having shown to my satisfaction that the failure to discharge the said amount was due neither to his wilful refusal nor to his culpable neglect THIS IS TO COMMAND YOU to whom this Warrant is addressed, to lodge the said    the Defaulter in the Prison at    , there to be imprisoned by the Governor of the said Prison for the period of months from this date unless he or someone on his behalf shall sooner pay to the District Court Clerk or to the Governor of the Prison for the District Court Clerk the said sum of £ and the sum of £ Costs of said application.

Dated this 

Signed

Justice of the District Court.

Superintendent,

District, Gárda Síochána.