No. 431/1947:

THE DISTRICT COURT RULES, 1948.

THE DISTRICT COURT RULES, 1948.

1— 3. Title and Definitions.

4— 23. Miscellaneous and General.

Provisions relating to Cases of Summary Jurisdiction and Indictable Offences.

Civil Proceedings.

112—159. (a) General.

160—164. (b) Default.

165—168. (c) Special Default.

169—179. (d) Ejectments.

180—189. (e) Interpleader.

190—198. Appeals.

199—206. Cases Stated.

Schedule of Forms.

Schedule of Costs.

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 1946, and of every and any other power them in this behalf enabling make the annexed Rules.

Given this 31st day of October, 1947,

(Signed) FREDERICK J. MANGAN, Chairman.

I concur in the making of the annexed Rules.

(Signed) GERALD BOLAND,

Minister for Justice.

DISTRICT COURT RULES, 1948.

1.—(1) These Rules shall come into operation on the 31st day of March, 1948, and may be cited as the District Court Rules, 1948.

(2) The District Court Rules, 1926, the District Court Rules (No. 1), 1941, the following portion of the District Court Rules, 1942, that is to say, Rules 32, 33, 34 and 35 of the said District Court Rules, 1942, and the District Court Rules (No. 1), 1945, are hereby revoked with effect as from the said 31st day of March, 1948.

(3) Where these Rules conflict with any statute in force at the date of the making of these Rules, such statute shall be modified or adapted to the extent of such conflict.

(4) Subject to any special order made by a Justice in a particular case, these Rules shall apply to all proceedings pending in the District Court on the said 31st day of March, 1948.

2. The Interpretation Act, 1937 , shall apply to these Rules.

3. In these Rules:—

the expression " the Minister " when used without qualification means the Minister for Justice ;

the word " Justice " means Justice of the District Court ;

the word " District " means one of the districts prescribed by the Minister under section 68 of the Courts of Justice Act, 1924 , or under any enactment amending or supplementing the same ;

the expression " Metropolitan District " means the District for the time being styled and known as the Dublin Metropolitan District in accordance with the provisions of section 64 of the Courts of Justice Act, 1936 , or of any enactment amending or supplementing the same ;

the expression " Court Area " means one of the District Court Areas created by the Minister under section 47 of the Court Officers Act, 1926 , or under any enactment amending or supplementing the same ;

the word " Clerk " means a District Court Clerk or any person temporarily assigned to perform the duties and fulfil the functions of such a Clerk, save that in the Metropolitan District, so far as the performance or fulfilment of any specific duties or functions is concerned, it means any District Court Clerk, whether one or more, to whom the performance or fulfilment of any such duties or functions has been allotted by the chief Clerk under the provisions of Rule 91 (2) hereof.

the expression " County Registrar " when used in relation to the execution of decrees, warrants or other execution orders in any county or county borough in which the powers and duties of the Under-Sheriff or Sheriff are not transferred to a County Registrar, means the Under-Sheriff or Sheriff, as the case may be ;

the expression "summons server" means a summons-server appointed by the County Registrar under the provisions of section 44 of the Court Officers Act, 1926 ;

the expression "case of summary jurisdiction" includes every case which could immediately before the 6th day of December, 1922, have been heard and disposed of summarily by a Justice of the Peace or Justices of the Peace whether in or out of Petty Sessions, and every case in which a Justice of the District Court is empowered by any enactment to make a summary conviction or order, and includes every case of an indictable offence triable summarily upon the Justice being satisfied that certain conditions are fulfilled, but where the fulfilment of any such condition is required the case shall not be deemed to be a case of summary jurisdiction at any stage of the proceedings before the condition has been fulfilled. The said expression shall include any case in which a Justice may make an order under any licensing jurisdiction, but shall not include "civil proceedings" as immediately hereinafter defined ;

the expression "civil proceedings" means those suits or actions at law in which jurisdiction is conferred by any enactment upon the District Court in civil cases as described in section 77A of the Courts of Justice Act, 1924 , and in any enactments extending or amending the said section either expressly or by implication ;

the word "complainant" includes the prosecutor or party at whose instance any proceeding is taken, whether he be an informant, complainant, prosecutor or otherwise ;

the word "complaint" includes an information ;

the word "defendant", where the context so requires and admits, includes an intended defendant ;

the word "order", in relation to a case of summary jurisdiction, includes any decision of a Justice whether it be a conviction, dismiss or otherwise ;

the word "person" includes a corporation ;

the word "prescribed" in relation to fees means prescribed by the Minister with the sanction of the Minister for Finance ;

the expression "liquidated money demand" means a specified sum of money stated to be due on the date of issue of the civil process by which the demand is made.

4. Where under any statute, past or future, proceedings for the recovery of any sum of money claimed to be due are directed to be brought summarily or in the District Court or before a Justice, and neither the statute in question nor any other enactment nor any of these or of any other Rules lays down the procedure to be followed in bringing the proceedings, such proceedings shall be brought by summons and not by civil process.

5.A Justice of the District Court may be addressed as "Justice."

6.—(1) Save where any enactment or rule otherwise provides, the evidence of all witnesses in the District Court shall be given viva voce and on oath.

(2) In any proceedings, a witness who is not a party may be ordered by the Justice either to leave the court until his evidence is required or after his evidence has been given, or to remain in court after his evidence has been given until the hearing has terminated or been adjourned.

7. Any party to any proceedings in the District Court or the solicitor for such party or a barrister retained by or on behalf of such party and instructed by his solicitor, or, in proceedings in respect of offences brought at the suit of the Attorney General or of an officer or member of the Gárda Síochána, any officer or member of the Gárda Síochána, or, when the proceedings are in relation to the taxes and duties under the care and management of the Revenue Commissioners, or to any fine penalty or forfeiture incurred in connection therewith or otherwise incurred under the Customs Acts, any person employed authorised or directed by the Revenue Commissioners or the Revenue Solicitor, may appear and address the court and conduct the proceedings. In summary proceedings the father, son, husband, wife or brother of the complainant or defendant may appear on his behalf, provided that any such person has the leave of the Justice to appear and be heard and that the Justice is satisfied that such complainant or defendant is from infirmity or other unavoidable cause unable to appear.

In proceedings brought in the name of a sanitary authority such authority may appear and be represented by an officer acting under its authorisation express or implied.

8. Where any proceedings are brought before a Justice on behalf of or against an infant the Justice may, if he shall think it expedient, at any stage of the proceedings, by an order in writing, appoint a next friend or guardian ad litem to act for or on behalf of such infant, and may change any such next friend or guardian ad litem when appointed, and appoint another in his place, and the Justice may also direct any money or other personal property to which such infant may be declared entitled in such proceedings to be secured or invested for the benefit of such infant in such manner as the Justice shall consider advisable.

9. A body corporate may, in any case in which a recognizance is required by these Rules, enter into such recognizance by its agent duly authorised for that purpose. Such authority shall empower the agent (who shall be a director, manager or other responsible officer of the body corporate) to bind the body corporate to perform and comply with all and any of the conditions of the recognizance and shall acknowledge the legal liability of the body corporate in the event of its failing to perform or comply with any condition thereof. A copy of a resolution of the Board of Directors or other the managing committee of the body corporate purporting to be signed by the chairman for the time being of such Board or committee shall be prima facie evidence of the appointment and authority of such agent. The Justice may, if he thinks fit, exempt such body corporate from the necessity for entering into such recognizance.

10. The provisions in these Rules requiring an appellant in an appeal to the Circuit Court or an applicant in a case stated to enter into a recognizance shall not apply to the Attorney General or to any Minister of State, or to an officer or member of the Gárda Síochána acting in his official capacity, or to an officer of the Revenue Commissioners acting in his official capacity.

11. Where in any proceedings in the District Court proof is required to be given of the service of any notice or other document, whether directed to be served by these Rules or otherwise, such service may be proved by statutory declaration (Form 7) in the manner provided by Rule 49 hereof, unless the Justice otherwise orders.

12. Before any application, other than an ex parte application or an application for an adjournment, is made to a Justice at any sitting of the District Court, the applicant shall, unless any statute or rule otherwise provides, give at least forty-eight hours' notice in writing to the Clerk of the court at which such application is to be made.

13. The Justice may upon such terms as he thinks fit enlarge or abridge any of the times fixed by these Rules for taking any step or doing any act in any proceedings, or declare any step taken or act done to be sufficient even though not taken or done within the time or in the manner prescribed by these Rules; and he may also at any time adjourn the hearing of any proceeding upon such terms as he thinks fit.

14. Whenever any civil proceedings or summary proceedings of a civil nature are brought in a District Court which the court has not jurisdiction to hear and determine, the Justice shall order the case to be struck out and shall have power to award, if he thinks fit, such costs as the court could have awarded if the court had jurisdiction in such proceeding.

15. A Justice may, in any case where he is satisfied of the inability of the party liable thereto to pay the fees or any of the fees prescribed in respect of proceedings in the District Court, remit in whole or in part the fees payable in respect of any document or documents, and on the occasion of every such remission shall make a note of such remission on the document or documents upon which the fees shall have been remitted, and shall sign his name thereto.

16. Each Justice shall be entitled to six weeks' holidays in the year.

17.In case no Justice is in attendance at the time appointed for the holding of a court the Clerk may, in pursuance of a direction received from the Justice for the time being assigned to the District, adjourn the holding of such court and the hearing of all proceedings thereat to any place and time appointed by such direction ; and in case no such direction is received by the Clerk and no Justice is in attendance one hour after the time appointed for the holding of a court the Clerk shall adjourn the holding of such court and the hearing of all proceedings thereat to the next court to be held in the Court Area; and the Clerk shall in every such case make a note of the adjournment in the Justice's Minute Book, and shall post a notice of adjournment (Form 25) on the door of the courthouse. All persons whose attendance shall have been required by any summons, order, process, recognizance or notice at the court so adjourned shall be deemed to have had notice of such adjournment and shall be obliged to attend on the day to which such adjournment shall take place without the issue or service of any further summons, order, process, recognizance or notice.

18. A warrant, summons, decree, dismiss or order signed by a Justice, or a warrant, summons or order signed by a Peace Commissioner, or a summons signed by a Clerk, shall not be avoided by reason of the death of the Justice, Peace Commissioner or Clerk signing the same, or by reason of his ceasing to hold office.

19.—(1) In the case of the death, removal, incapacity or absence for any reason of a Justice, or in the case of an additional Justice being assigned to a Justice's District, the Justice's successor, or a deputy assigned for the time being to the Justice's District, or the additional Justice assigned as aforesaid, or any other Justice, may sign, in lieu of or on behalf of the original Justice, any conviction, order, decree or dismiss pronounced by the original Justice, and may sign and issue any warrant or other document necessary for the execution of such conviction or order, and may otherwise act in all respects as the original Justice might have done, and the conviction, order, warrant, decree, dismiss or other document so signed or made shall be as valid and effectual as if the same had been signed or made by the original Justice.

A Justice may sign, in lieu or on behalf of such deputy or other Justice, any conviction, order, decree or dismiss pronounced during his incapacity or absence by such deputy or other Justice, or pronounced by the additional Justice assigned as aforesaid, and may sign and issue any warrant or other document that may be necessary as aforesaid, and otherwise act in all respects as such deputy or other Justice or additional Justice might have done, and any conviction, order, warrant, decree, dismiss or other document so signed or made shall be as valid and effectual as if the same had been signed or made by such deputy or other Justice.

(2) If a Justice is at any time assigned to more than one District at the same time, he may adjourn the hearing of any case from the Court Area within one of the Districts to any Court Area within any other of the Districts.

20. If it shall appear to a Justice that an original decree, dismiss, order or warrant has been lost or destroyed or that the same has improperly got into the hands of the opposite party or of a person not entitled to it, or that it is unavailable to the complainant or defendant, as the case may be, by reason of its being in the hands of the County Registrar, Governor of a prison or other officer entitled to hold the same, he may grant a duplicate of such decree, dismiss, order or warrant. No such duplicate shall issue without notice to the opposite party, which notice shall be served in the manner provided by Rule 46 or 47 or 48 hereof, ten clear days at least before the sitting of the court at which the application is to be heard. When the duplicate decree, dismiss, order or warrant is allowed to issue, there shall be clearly written or stamped upon the face of the same the word "Duplicate."

21. A Justice may amend any summons civil process or other proceeding by adding or striking out parties, and in addition to the powers, conferred on him by Rule 88 hereof he may amend such other defects and errors in any summons, civil process or other proceedings as may be necessary for the purpose of determining the real question at issue between the parties. He may, where the proceedings have been commenced by summons, direct that the summons be dealt with as a civil process. Such amendments may be made in such manner as the Justice directs and upon such terms as the Justice thinks fit. If in the opinion of the Justice the amendment is one which might prejudice the opposite party in the merits of his case he may make the amendment and adjourn the case, or may refuse to make any such amendment and may dismiss the proceeding as provided by the said Rule 88.

22. In all proceedings in the District Court, the forms in the Schedule annexed to these Rules shall be deemed valid and sufficient in law, and shall be the proper forms to be used, even when other and different forms shall be or have already been provided by any statute or other enactment under which the proceedings are brought. No departure from any of the forms in the said Schedule, or omission of any of the particulars required thereby, or use of any other words than those indicated in such forms, shall vitiate or make void the proceedings or matter to which such forms relate, if the form or the words used be otherwise sufficient in substance and effect.

Whenever mention is made in these Rules of a form immediately followed by a number, the reference is to be read as a reference to a form denoted by that number in the said Schedule; and every reference to any such form shall be construed to mean a reference to such modification of the form in the said Schedule as may be suitable for use in the particular proceeding or matter.

It shall be sufficient in any such form to state sums of money, dates and other numbers either in figures or in words, and it shall not be necessary to affix a seal to any form used in the District Court, notwithstanding any existing provision to the contrary.

23. Non-compliance with any of these Rules shall not render any proceedings void, but in case of such non-compliance, a Justice may direct that the proceedings be treated as void, or that they be set aside in part as irregular, or that they be amended or otherwise dealt with in such manner or upon such terms as the Justice thinks fit. The Justice shall cause a note of any such ruling to be made in the appropriate Book.

PROVISIONS RELATING TO CASES OF SUMMARY JURISDICTION AND THE PRELIMINARY INVESTIGATION OF INDICTABLE OFFENCES.

(a) General.

24. Sittings of the District Court for the preliminary investigation of indictable offences and the hearing and disposal of cases of summary jurisdiction shall be held in the places, on the days, and at the hours from time to time appointed under the District Court (New Districts) Order, 1927, the District Court (New Areas) Order, 1927, section 64 of the Courts of Justice Act, 1936 , and the provisions of the Court Officers (Amendment) Act, 1937 and of the Courts of Justice (District Court) Act, 1946 , or any other provisions for the time being substituted for the foregoing or any of them. A Justice may, however, hold a sitting of the District Court within his District at any place or time not so appointed, for the preliminary investigation of indictable offences, or at a time not so appointed for the purpose of hearing cases of summary jurisdiction adjourned from a sitting appointed under the said orders.

25. The jurisdiction of a Justice shall be exercised by him within his District as follows :—

(a) in summary proceedings of a civil nature, in the Court Area wherein the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation; but where it is provided by statute that proceedings shall be brought in the place where any premises are situated, then the jurisdiction shall be exercised in the Court Area wherein the premises are situated ;

(b) in cases of summary jurisdiction in respect of an offence

(1) in the Court Area wherein the offence charged (or, if more than one offence is stated to have been committed within the Justice's District, any one of such offences) is stated to have been committed ; or

(2) in the Court Area wherein the accused has been arrested ; or

(3) in the Court Area wherein the accused resides ;

(c) in cases of indictable offences, in any Court Area within the Justice's District ;

(d) in licensing cases, in the Court Area wherein the licensed premises are situated ;

(e) in proceedings for the estreating of a recognizance, in the Court Area wherein the recognizance is deposited.

Nothing herein contained shall limit the power of a Justice to adjourn a case from one Court Area to another, nor restrict any statutory power conferred upon or vested in a Justice to exercise his jurisdiction in any Court Area other than one of those herein mentioned.

26. When a person charged with a summary offence is in custody and is unable to give bail for his appearance at a sitting of the District Court the Justice may (notwithstanding Rule 25 (b) hereof) exercise his jurisdiction in respect of such offence in any Court Area within his District.

27. In all cases of summary jurisdiction the place in which any Justice shall sit to hear and determine any complaint shall be deemed to be an open court to which the public generally may have access so far as the same can conveniently contain them. A Justice may, however, if he is of opinion that the offence charged is of an indecent or obscene nature or such that the hearing of evidence in respect of it in public would be prejudicial to public order or morality, exclude from the court during the whole or any part of the hearing of such complaint all persons except the defendant and his Solicitor or Counsel, and complainant and his Solicitor or Counsel, the officers of the court and other persons present in an official capacity, and persons engaged or concerned in the trial of the offence in any capacity, persons who satisfy the Justice that they are bona fide representatives of the press and are present as such representatives, and such other persons (if any) as the Justice shall permit to remain in such court.

28. The place in which a Justice shall sit for the preliminary investigation of indictable offences shall not be deemed an open court and the Justice may, in his discretion order that no person save the defendant, the person conducting the prosecution and the Counsel or Solicitor of the accused shall have access to or be or remain in such place without the consent or permission of the Justice.

29. When it is intended that a summons (Form 4) only shall be issued in the first instance to require the attendance before the court of a person against whom a complaint is made, the complaint may be made to a Justice, a Peace Commissioner or a Clerk, and may be made either with or without oath, and in writing or not, as the. Justice, Peace Commissioner or Clerk shall direct.

If the complaint is made on oath and in writing, it shall be made before a Justice or a Peace Commissioner in the form of an information (Form 1).

30. In cases of summary jurisdiction

(1) (a) a Justice may issue a summons in any case in which he has jurisdiction ;

(b) a Peace Commissioner may issue a summons

(i) in cases where a defendant is charged with an offence, if the offence is stated to have been committed or the defendant resides within the area of his jurisdiction ; or

(ii) in summary proceedings of a civil nature, if the defendant or one of the defendants resides or carries on any profession, business or occupation within the area of his jurisdiction ;

(c) a Clerk may issue a summons

(i) in cases where a defendant is charged with an offence, if the offence is stated to have been committed or the defendant resides within the limits of the Court Area or Areas for which he acts as Clerk, or

(ii) in summary proceedings of a civil nature, if the defendant or one of the defendants resides or carries on any profession, business or occupation within the said limits.

(2) Such summons shall direct the appearance of the defendant before a Justice who has jurisdiction to hear and determine the complaint and at a court where such Justice can exercise his jurisdiction in accordance with the provisions of Rule, 25, hereof.

Provided always that the court before which the defendant is directed to appear shall (i) if the summons is issued by a Justice, be a court in his District, or (ii) if the summons is issued by a Peace Commissioner, be a court within the area of his jurisdiction, or (iii) if the summons is issued by a Clerk, be a court within the limits of the Court Area or Areas for which he acts as Clerk.

31. In the case of an indictable offence

(1) (a) a Justice may issue a summons in any case in which he has jurisdiction ;

(b) a Peace Commissioner may issue a summons if the offence is stated to have been committed or the defendant resides within the area of his jurisdiction ;

(c) a Clerk may issue a summons if the offence is stated to have been committed or the defendant resides within the limits of the Court Area or Areas for which he acts as Clerk.

(2) Such summons shall direct the appearance of the defendant before a Justice who has jurisdiction to conduct the preliminary investigation of the offence and at any court in such Justice's District.

Provided always that the court before which the defendant is directed to appear shall (i) if the summons is issued by a Justice, be a court in his District, or (ii) if the summons is issued by a Peace Commissioner, be a court within the area of his jurisdiction, or (iii) if the summons is issued by a Clerk, be a court within the limits of the Court Area or Areas for which he acts as Clerk.

32. Where a summons has been issued in accordance with the provisions of Rule 30 or Rule 31 directing the appearance of a defendant before a Justice having jurisdiction in the matter of the complaint, the summons may be served in any part of the State, and upon service being effected in the manner prescribed by these Rules, the defendant shall be as effectively bound by the proceedings as if he resided within the District of the Justice issuing the summons or within the area of jurisdiction of the Peace Commissioner issuing it or within the limits of the Court Area or Areas for which the Clerk issuing it acts.

33. Any summons against a defendant who is a member of the Gárda Síochána shall be signed by a Justice.

34. When it is intended that a warrant (Form 3) for the arrest of the defendant shall be issued in the first instance in the case of an offence punishable upon summary conviction, the complaint shall be made by information on oath and in writing (Form 1) to a Justice or Peace Commissioner who shall proceed as in the case of a person charged with an indictable offence according to the provisions of Rule 35 hereof.

35.—(1) When a complaint is made that any person has committed an indictable offence and a warrant is required to be issued for the arrest of the said person the complaint shall be made by information on oath and in writing, and may be made to a Justice or a Peace Commissioner.

(2) A Justice may issue such warrant (Form 3) if the offence is stated to have been committed or the defendant resides within his District, and he may issue such warrant whether the information has been sworn before him or before another Justice or a Peace Commissioner; if it has been sworn before another Justice or a Peace Commissioner, the information duly completed shall be produced to him before he issues the warrant.

(3) A Peace Commissioner may issue such warrant (Form 3) if the offence is stated to have been committed or the defendant resides within the area of his jurisdiction.

(4) Any such information may be sworn and any such warrant may be issued or executed (notwithstanding any statutory provision to the contrary) on any day and at any time.

(5) On any such complaint being made a Justice or Peace Commissioner may issue a summons for the attendance of the defendant instead of a warrant if he shall think fit notwithstanding that the complaint has been made on oath and in writing ; and in such case the Justice or Peace Commissioner shall proceed as is provided in Rule 31 hereof. A Justice or a Peace Commissioner who has issued a summons may nevertheless at any time (the complaint being on oath and in writing) issue a warrant for the arrest of the defendant.

36. Where at common law or under any Statute (whether passed before or after the making of these Rules) there is power to arrest a person without a warrant, a warrant for his arrest may be issued in accordance with the provisions of Rule 34 or Rule 35 hereof.

37. When a complaint is made to a Justice or a Peace Commissioner that a person has committed or is believed to have committed outside the jurisdiction of such Justice or Peace Commissioner any indictable offence and that such person is or is suspected to be within the limits of the jurisdiction of such Justice or Peace Commissioner, such Justice or Peace Commissioner may upon the complaint being made on oath and in writing issue a warrant (Form 3) to arrest the said person.

38.—(1) When a person charged with having committed an indictable offence has been arrested whether with or without a warrant, he shall as soon as is reasonably practicable, having regard to all the circumstances of the case, be brought before the Justice either of the District in which he has been arrested or of the District in which the offence is stated to have been committed, or before a Peace Commissioner having jurisdiction either in the place where he has been arrested or in the place where the offence is stated to have been committed.

(2) If he is brought before a Justice, the Justice shall proceed as is provided in Rules 55 and 57 hereof.

(3) If he is brought before a Peace Commissioner having jurisdiction in the place where he has been arrested, the Peace Commissioner shall remand him, in custody or on bail, either:—

(a) to appear before the Justice at a sitting of the Court for any Court Area within the District in which he has been arrested, or

(b) if the offence is stated to have been committed in some District other than that in which he has been arrested, to appear at the Courthouse at a specified place, day and hour before the Justice of such other District, and if upon the defendant appearing at the place and time specified the Justice of that District be not then and there present a Peace Commissioner having jurisdiction in that place and attending at the said place may remand the defendant either in custody or on bail to appear before the Justice of that District at a sitting of the court for any Court Area within that District.

(4) If he is brought in the first instance before a Peace Commissioner having jurisdiction in the place where the offence is stated to have been committed, the Peace Commissioner shall remand him, in custody or on bail, to appear before the Justice at a sitting of the court for any Court Area within the District in which the offence is stated to have been committed.

(5) If the defendant is remanded on bail by a Peace Commissioner the recognizance shall be transmitted to the Clerk of the court to which the defendant has been remanded.

(6) No Peace Commissioner shall remand any such person in custody for any period exceeding eight days.

39.—(1) Whenever any person charged with a summary offence is arrested without a warrant he may be brought to any Gárda Sáiochána Station, and the officer or member of the Gárda Síochána in charge thereof may, if he thinks it prudent having regard to the nature of the offence, discharge such person on his entering into a recognizance (Form 2) before such officer or member to appear at the next sitting of the court for the Court Area in which he has been arrested.

(2) But if such officer or member does not think it prudent so to discharge such person, or if a person charged with a summary offence has been arrested on a warrant, then such person shall, as soon as is reasonably practicable having regard to all the circumstances of the case, be brought before a Justice or Peace Commissioner having jurisdiction in the place where he has been arrested. If he is brought before a Peace Commissioner, the Peace Commissioner shall remand him either in custody or on bail to appear at the next sitting of the court for the Court Area in which he has been arrested.

(3) No Peace Commissioner shall remand any such person in custody for any period exceeding eight days.

(4) When in any of the said cases such person appears or is brought before a Justice, the Justice may deal with the charge as provided by Rule 64 hereof, or if the case is one in which another Justice would also have jurisdiction he may, if he thinks fit, remand such person either in custody or on bail to a sitting of the court for the Court Area in which the offence is stated to have been committed or in which the defendant resides; but a Justice shall not remand any such person in custody for a period exceeding fifteen days. When such person appears before the court to which he has been so remanded the Justice there present shall proceed to hear and determine the charge as provided by Rule 64 hereof.

(5) Any recognizance taken under this Rule shall be transmitted forthwith by the person taking it to the Clerk of the court to which the defendant has been remanded.

40. Where a summons is issued requiring the attendance of a defendant who is charged with an offence, and the defendant fails to appear at the required time and place and it is proved to the Justice that he has been served with the summons, or where at any time either before or after the date on which the defendant is required by the summons to appear an Information (Form IA) is made that he is evading service or that he is about to abscond or has absconded, the Justice may issue a warrant (Form 3A) to arrest the defendant and when such person is arrested he shall be dealt with in the manner provided either by Rule 38 or by Rule 39 hereof.

41. When a defendant who is charged with an offence and who has been arrested and admitted to bail to appear before a Justice at any court fails to appear at the time and place at which he was bound by his recognizance to appear, the Justice sitting at the court before which the defendant was bound to appear may, on production to the Justice of the said recognizance, issue a warrant (Form 3B) for the defendant's arrest on the said charge, and when the defendant is arrested he shall be dealt with in the manner provided either by Rule 38 or by Rule 39 hereof.

42.—(1) When a Peace Commissioner intends to remand any person in custody to appear before a Justice and no appointed sitting of any court in such Justice's District falls to be held within eight days, the Peace Commissioner may remand such person to a special sitting of the court for any Court Area in such Justice's District to be held within eight days from the date of such remand, and the date and place of such special sitting shall be named in the warrant under which such person is committed on remand.

(2) Where any person has been remanded in custody to appear before any sitting of the District Court and for any reason the Justice is not present at such sitting such person may at any time on the day of such sitting be brought before a Peace Commissioner who may remand him in custody to any other sitting of the District Court to be held within eight days within the said Justice's District.

43. When an Information is taken on oath and in writing the Justice or Peace Commissioner before whom such Information is made may, if he thinks fit, bind the informant by recognizance to appear at the Court or place where the defendant is to be tried or the complaint is to be heard, and at any adjournment thereof, to give evidence in the matter of the said complaint.

44. Every summons or warrant shall state shortly the cause of complaint. Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of a number of different acts in the alternative or states any part of the offence in the alternative, the acts, omissions, or other matters stated in the alternative in the enactment may be stated either in the alternative or in the conjunctive in a summons or warrant charging such offence. In charging an offence contrary to any statute or statutes it shall be sufficient to state the substance of the offence in ordinary language with such particulars of the offence as may be necessary, and it shall not be necessary to negative any exception or exemption from or qualification to the operation of a statute creating such offence. Two or more offences may be charged in the one summons.

45. A summons shall be signed by the Justice, Peace Commissioner or Clerk issuing it, and a warrant shall be signed by the Justice or Peace Commissioner issuing it. No warrant or summons shall be signed in blank. With every summons there shall be issued a copy for service on each defendant named therein.

46.—(1) Where a complainant is an officer or member of the Gárda Síochána or a Minister of State or the Attorney General or an officer of the Revenue Commissioners the summons may be served by a member of the Gárda Síochána or other person authorised by statute. In all other cases the summons shall be served by a summons server, unless the Justice, by endorsement on the summons, authorises service by some other person. No member of the Gárda Síochána or summons server shall serve a summons in which he himself is the complainant.

(2) In all cases in which it is provided by paragraph (1) hereof that a summons shall be served by a summons server, if it shall happen that there is at any time no duly appointed summons server resident in a Court Area, service of any such summons within such Court Area may, if the Justice of the District comprising such Court Area shall so direct, be effected by sending it by post to the defendant in a prepaid registered letter addressed to him at his last or most usual place of abode, and the service shall be deemed to have been effected at the time at which the letter containing the summons would have been delivered in the ordinary course of post. Such letter may be posted by the complainant or other person instituting the proceedings as the case may be, or by his solicitor, or by any other person acting on his behalf. Any such direction as aforesaid shall be made by written order signed by the Justice, which shall be deposited with the Clerk of such Court Area, and the direction shall remain in force in respect of the service of all such summonses within such Court Area until a summons server resident in such Court Area is appointed, unless it shall be sooner revoked by the Justice.

(3) If a Justice is satisfied that any summons server has been or will be prevented by forcible resistance or by means of any other sufficient cause from serving a summons in any specified townland or townlands within the District of such Justice, he may by written order signed by him and deposited with the Clerk of the Court Area comprising such townland or townlands direct that the provisions of paragraph (2) hereof as to service by prepaid registered letter shall apply to the service of such summonses within such townland or townlands. Such direction shall continue in force in respect of the service of all such summonses within such townland or townlands until it is revoked by the Justice.

47.—(1) Every summons shall be served at least seven clear days before the date fixed for the hearing of the complaint, and shall then be lodged with the Clerk of the Court Area wherein the complaint is to be heard at least four days before the date fixed for the hearing.

(2) (a) Save where personal service is specially required by any Rule or enactment a summons may be served on a defendant to whom it is directed by delivering to him the copy thereof issued for service, or by leaving such copy for him at his last or most usual place of abode, or at his office, shop, factory, holding, or place of business with the husband or wife of the defendant or with the child or other relative (residing with the defendant) of the defendant himself or of his wife or her husband as the case may be, or with any agent, clerk or servant of the defendant, or with the person in charge of the house or premises wherein the defendant usually resides, provided that any person (other than the defendant himself) with whom such copy is left for the defendant is not under sixteen years of age, and is not the complainant.

(b) In any case in which a Justice is satisfied that none of the modes of service aforesaid is reasonably practicable he may direct that service be effected in such manner as he thinks proper. The Justice shall thereupon endorse on the original summons and on the copy issued for service particulars of such direction.

48.—(1) A summons may be served on a corporation by leaving it at or sending it by registered letter to the registered office of the corporation, or where such corporation has no registered office, by leaving it at or sending it by registered letter to the address for service, if any, of such corporation, or if it has no address for service, by leaving it at or sending it by registered letter to the principal place of business of such corporation within the State.

(2) A summons may be served on a local authority, statutory board or body, or an unincorporated society or club, by leaving it with any employee of such authority, board, body, society or club, at the principal office thereof, or by sending it by registered letter to such principal office.

(3) Such summons shall be deemed to have been served on the date on which the registered letter containing it would in the ordinary course of post have been delivered.

49. The person who serves a summons shall either prove the service thereof by evidence given orally and upon oath before the Justice in Court, or shall make, before a Justice or a Peace Commissioner, a statutory declaration of service (Form 7). Where service has been effected by post the statutory declaration shall be in Form 7A. Such statutory declaration shall be endorsed upon the back of the original of the summons and shall be exempt from stamp duty. Where such statutory declaration is made it shall be prima facie evidence for all purposes of the mode, time and place of service as therein set out, and it shall not be necessary for the person effecting service to attend in person at the court to depose to such service, but a Justice may, if he thinks fit, require the person who effected service of a summons to attend before him and give evidence on oath touching such service notwithstanding the making by him of such statutory declaration.

50. The provisions of Rules 46, 47 and 48 shall be in addition to and shall not be deemed to over-ride or vary the provisions of any enactment authorising or requiring any other mode of service or authorising or requiring the substitution of service in particular cases.

51.—(1) A Justice may whenever he thinks fit abridge or extend the time provided by these Rules for the service or lodgment for entry of a summons. A note of the abridgment or extension of the time for service shall be endorsed on the original summons and on the copy issued for service and shall be signed by the Justice.

(2) A summons requiring the attendance at a court in any of the following Districts, viz., District No. 1 or No. 2 or No. 5 or No. 6, of a defendant who is charged with an offence punishable upon summary conviction may be served on a Sunday, and any such summons may be issued on a Sunday, notwithstanding any statutory provision to the contrary.

52. The following remuneration shall be payable to a summons server in respect of the service by him of a summons, namely :—

Where the distance from the residence of the Summons Server to the residence or place of business (as the case may be) of the person served :—

53.—(1) When it appears to the Justice of the District in which any complaint is to be heard, or to any Peace Commissioner having jurisdiction within that District, or to the Clerk of any Court Area within that District, that a person is able to give evidence concerning the matter of the complaint, such Justice, Peace Commissioner or Clerk may issue a summons (Form 6) directed to such person requiring him to attend at the sitting of the Court at which the complaint is to be heard and at any adjournment to give evidence concerning the said matter and to bring with him and produce such accounts, papers or other documents or things as are in his possession or power and as are mentioned in the said summons.

(2) Such summons shall be signed by the Justice, Peace Commissioner or Clerk issuing it, and with it there shall be issued a copy for service on each person to whom it is directed, and every such summons shall be served in the manner provided by these Rules at least three clear days before the date fixed for the hearing of the complaint.

(3) When a person to whom such summons is directed fails to appear at the time and place appointed and no just excuse is offered for such failure, then upon proof in the manner provided by Rule 49 hereof that such summons was served upon such person or upon an information (Form 1B) being made that such person is evading service and that he is able to give evidence in the case, the Justice before whom the complaint is to be heard may issue a warrant (Form 3C) for his arrest.

(4) If in the case of an offence the Justice is satisfied by information (Form 1C) made on oath and in writing that it is probable that a person who is able to give evidence in the matter will not attend to give evidence without being compelled to do so, he may, instead of issuing a summons, issue a warrant (Form 3D) in the first instance for the arrest of such person, or may issue such warrant if a summons has been issued but not served.

(5) Where any person is arrested in accordance with this Rule, he shall be brought forthwith before the said Justice or before a Peace Commissioner having jurisdiction in the said Justice's District, and such Justice or Peace Commissioner shall remand him either in custody or on bail until the hearing of the said complaint; and if he is remanded on bail, it may be made a condition of the recognizance that he shall bring with him and produce at the time and place at which he is bound to appear all such accounts, papers, documents or things as aforesaid.

54.—(1) When any person appears as a witness, either in obedience to a summons or by virtue of a warrant or is present in Court and is required by the Justice to give evidence, and refuses to be examined upon oath concerning the matter of the complaint, or refuses to take the oath, or having taken the oath refuses to answer lawful questions concerning the said matter then put to him, or refuses to produce any such accounts, papers, documents or things as aforesaid (without offering any just excuse for such refusal) the Justice may adjourn the proceedings to the same or any other Court in his District for any period not exceeding eight days, and may by warrant commit the said witness to prison until the time of such adjourned hearing. If such witness, upon being brought up upon such adjourned hearing, again refuses to be sworn, or to testify as aforesaid, or to produce such accounts, papers, documents or things as aforesaid, as the case may be, the Justice may again adjourn the proceedings, and commit the witness in like manner, and so again from time to time until he consents to be sworn or to testify as aforesaid, or to produce such accounts, papers, documents or things as the case may be (provided that no such imprisonment shall in any case of summary jurisdiction exceed one month in the whole); but in any proceedings under the Customs Acts such witness shall in addition for every such refusal as aforesaid forfeit such sum not exceeding twenty pounds as the Justice shall think fit, and the Justice shall cause a record of any such fine to be made in the Justice's Minute Book.

(2) Nothing herein contained shall prevent the Justice from sending any such case for trial, or otherwise disposing of the same in the meantime, according to any other evidence received by him.

55.—(1) When a defendant appears or is brought before a Justice charged with an indictable offence the Justice shall, subject to the provisions of Rule 59 hereof, take depositions on oath and in writing from any person present who shall be able to give evidence concerning the matters in issue. Every such deposition (Form 8) shall be taken in the presence of the defendant, who shall be at liberty to question any witness. The deposition when taken shall be read over to and signed by the witness making the same, and shall also be signed by the Justice.

Where in the course of the taking of any deposition an objection is made either by the defendant or the prosecution that any question asked or that the evidence given on any particular matter is inadmissible in law, the Justice shall if so requested make a note on the deposition of such objection. If he rules that the question or the evidence is admissible he shall record it on the deposition in such form as he thinks fit. If he rules that the evidence is inadmissible, he may write down the question, if he thinks proper, on the deposition, and record the nature of the objection and the party who makes it, and add a note of his ruling thereon.

(2) When the examination of the witnesses on the part of the prosecution has been completed the Justice shall if required by the defendant (without requiring the attendance of the witnesses) read or cause to be read to the defendant the several depositions and the charge. He shall then caution the defendant that he is not obliged to say anything unless he wishes to do so and that anything he does say will be taken down in writing and may be given in evidence at his trial. If the defendant then makes any statement it shall be taken down in writing (Form 9) and read over to him and shall be signed by the Justice. Should the evidence of any person present be tendered on behalf of the defendant, it shall be taken by deposition on oath and in writing (Form 8).

(3) Where part of the evidence has been taken on deposition before a Justice and by reason of the illness of such Justice or other unavoidable cause it is inexpedient in the interests of justice to complete the taking of the evidence before such Justice, another Justice acting in place of such first-mentioned Justice may proceed with the investigation of the charge, in which case there shall be read over, in the hearing of the defendant, to each witness whose evidence was taken before the first-mentioned Justice his deposition already taken, and such witness shall be directed to correct his evidence if and where it may be inaccurate and shall then be tendered for cross-examination by the defendant or his solicitor or counsel, with liberty for such witness to be re-examined where necessary. The evidence of such witness taken before such other Justice, including the verification of the deposition taken before the first-mentioned Justice, shall be taken by deposition in accordance with the provisions of this Rule.

(4) At any stage of the preliminary investigation of an indictable offence the Justice may adjourn the hearing to any other day and to any other court or place in his District, and may remand the defendant either in custody or on bail to appear at such adjourned hearing. In such event the information, depositions and recognizances (if any) already taken shall be forwarded to the Clerk of the Court Area in which the adjourned hearing is to take place.

When a defendant is remanded on bail to appear at a specified time and place, the Justice may at any time order the defendant to appear before him at any time prior to the date of the adjourned hearing, and either at the specified place or at any other place, for the further hearing of the charge.

A Justice may not on any such adjournment remand any person in custody for a period exceeding fifteen days, and when a defendant is remanded in custody, the Justice may by warrant (Form 10) order the defendant to be brought before him, at any time before the expiration of the period for which he has been so remanded, for the further hearing of the charge.

56.In cases of indictable offences the Justice may if he thinks fit bind a witness who has given evidence before him by recognizance to appear at the trial of the defendant and to give evidence at such trial. If a witness refuses to be so bound, the Justice may by warrant remand the witness in custody until the trial of the defendant, unless in the meantime the witness shall duly enter into the required recognizance before a Justice or Peace Commissioner having jurisdiction in the place in which the prison to which he is committed is situate. If, after any such witness is committed as aforesaid, the Justice before whom the defendant is brought shall (from want of sufficient evidence or for any other cause) not send the defendant forward for trial such Justice shall by warrant (Form 13) order the Governor of the prison wherein the witness is detained to discharge him forthwith.

57. When evidence has been taken in the case of a defendant who is charged with an indictable offence, the Justice shall proceed as follows :—

(1) If he is of opinion that the evidence is sufficient to put the defendant on his trial he shall send him forward for trial either in custody or on bail.

(2) If it appears that further evidence will be available in any other District he may proceed as provided in Rule 58 hereof.

(3) If he is of opinion that the evidence is not sufficient to put the defendant on his trial for the offence charged but that there is disclosed any other indictable offence he may send the defendant forward for his trial for such other indictable offence as if such other offence had been the offence originally charged and in such event the depositions already taken shall be deemed to have been taken in respect of the offence in respect of which the defendant is sent forward for trial.

(4) If he is of opinion that the evidence is not sufficient to put the defendant on his trial for any indictable offence but that a summary offence is disclosed, he shall refuse informations and may thereupon enter a charge of such summary offence in the Justice's Minute Book or Charge Sheet and read it out to the defendant and proceed to hear and determine such charge.

In such event it shall not be necessary for him to re-hear the evidence of any witnesses whose evidence has already been taken in respect of the indictable offence, but he may, and, if requested by the complainant or the defendant, shall recall the said witnesses, re-swear them and read them their depositions already taken, directing them to correct their evidence if and where it might be inaccurate, and such witnesses may be asked any additional questions that may be thought advisable and shall then be tendered for cross-examination by the defendant or his Solicitor or Counsel with liberty for such witnesses to be re-examined where necessary. Save in so far as the provisions of this paragraph supplement or vary the provisions of Rule 64 hereof, the Justice shall dispose of the summary charge in manner provided by the said Rule 64.

(5) Subject to paragraphs (2), (3) and (4) hereof, if in his opinion the evidence is not sufficient to put the defendant on his trial, he shall forthwith refuse informations and discharge the defendant.

58.—(1) When evidence has been taken in the case of a defendant who is charged with an indictable offence, if it appears to the Justice that further evidence will be available in any other District, he may either by warrant (Form 11) commit the defendant to prison to be brought before the Justice of such other District at a specified time and place, or if he thinks fit, may by transmit warrant (Form 11A) order the defendant to be taken before such Justice on a day and at a place named therein. Such transmit warrant may be directed to any member of the Gárda Síochána, and delivered to him for execution.

(2) Instead of issuing either such warrant the Justice may admit the defendant to bail by recognizance conditioned that he will appear before such other Justice, or if bail be not forthcoming, may endorse on such warrant a consent to bail; and when the defendant is so released on bail the recognizance shall specify the time and place in such other Justice's District at which the defendant shall appear, and it may include a condition that the defendant will further appear at any time and place to which he may be remanded by a Peace Commissioner under the provisions of paragraph (3) hereof, and a condition that he will also appear at any adjourned hearing.

(3) If, when the defendant appears at or is brought to the place at the time specified in the recognizance or the warrant as the case may be, the Justice of such other District be not then and there present, a Peace Commissioner having jurisdiction in that place and attending there may remand the defendant either in custody or on bail to appear before such Justice at any court within such Justice's District.

(4) When the defendant appears before the Justice of the District before whom he has been sent by the Justice first mentioned in paragraph (1) hereof, the Justice of the District to which the defendant has been sent shall receive the informations, depositions and recognizances already taken, and they shall thereupon be deemed to have been taken and treated to all intents as if they had been taken before such last-mentioned Justice, who shall proceed to deal with the case under the provisions of these Rules, including the provisions of paragraphs (1) and (2) hereof, and in making any order returning the defendant for trial shall proceed in accordance with section 6 of the Courts of Justice Act, 1926 (No. 1 of 1926).

(5) All informations, depositions and recognizances already taken in the matter shall be transmitted to the Clerk of the court for the Court Area in which is situated the place where the defendant is to be brought or to appear, either by delivering them to the member of the Gárda Síochána to whom the warrant has been delivered, or otherwise as the Justice directs, and they shall be delivered by the said Clerk to the Justice of the District in which the said place is situated; and if the defendant is subsequently admitted to bail by any Justice or Peace Commissioner the recognizance so taken shall also be transmitted to the said Clerk and delivered by him to the said Justice.

59.—(1) When a defendant appears or is brought before a Justice charged with an indictable offence which under any statute the Justice has jurisdiction to deal with summarily either if the defendant does not object or if the defendant pleads guilty, then the Justice may without taking depositions as aforesaid hear such evidence as may be adduced in support of the charge and if the offence then appear to the Justice to be a minor one fit to be tried summarily, he shall inform the defendant of his right to be tried by a jury, and if the defendant (enquiry having been made of him by the Justice) does not object to being tried summarily, or pleads guilty as the case may be, the Justice shall then proceed to hear and determine the case in manner provided by Rule 64 hereof.

(2) Notwithstanding the provisions of Rule 25 hereof, proceedings in respect of any such offence which is dealt with summarily by a Justice may be heard and determined in any Court Area within the Justice's District.

(3) Should the complaint have been made at a date later than six months from the time when the cause of complaint arose, it shall be lawful for the Justice, at any time before he has given his decision in the case, to proceed as provided by Rules 55, 56, 57 and 58 hereof, notwithstanding that the defendant does not object to being tried summarily and that the Justice has heard evidence under the provisions of paragraph (I) hereof.

60. Whenever it is provided in these Rules that any person may be remanded or sent forward for trial in custody or on bail, the following provisions shall apply :—

(1) It shall be in the discretion of the Justice or Peace Commissioner in all cases to determine whether such person shall be admitted to bail or not, and, if such person is to be admitted to bail, the amount of the bail, and whether the bail shall be with or without surety or sureties, and the amount in which each surety shall be bound. The Justice hearing the proceedings may vary such determination at any subsequent hearing.

(2) A person so admitted to bail, and if the case be so, his surety or sureties, shall enter into and sign a recognizance (Form 2), in the amount so determined, conditioned for his appearance before a Justice at a specified time and place, or before a specified sitting of any Court, and where appropriate for his appearance at every time and place to which during the course of the proceedings the hearing may be adjourned from time to time, and where authorised by these Rules conditioned to perform any other obligation.

(3) An officer or member of the Gárda Síochána may apply the above provisions to a recognizance entered into before him in accordance with Rule 39 (1).

(4) When the recognizance shall not be perfected forthwith the Justice or Peace Commissioner may certify on the committal warrant his consent (Form 12) to such person being bailed, stating the amount of bail required.

(5) When on any remand or adjournment any person is committed to prison without bail the Justice before whom he is to appear may, at any time prior to the day of the adjourned hearing, determine that such person be admitted to bail according to the provisions hereinbefore contained, and may by body warrant (Form 10) cause such person to be brought before him for the purpose of being so admitted to bail, or may by endorsement on the committal warrant or by a separate certificate (Form 12A) signify to the Governor of the prison his consent to bail, stating the amount of bail required.

(6) The Justice may admit to bail any defendant sent forward by him for trial in custody at any time before the first day of the sittings of the court at which he is to be tried, and in such case shall signify his consent thereto to the Governor of the prison either by a certificate endorsed on the committal warrant or by a separate certificate in the form above-mentioned, stating the amount of bail required. In the case of a prisoner sent forward for trial the Justice may, if he thinks fit, vary the requirements as to bail or sureties as provided by paragraph (1) hereof, and may vary the certificate of consent to bail, but shall not do so after the day preceding the first day of the sittings of the court at which such prisoner is to be tried.

(7) When any such certificate of consent to bail has been granted, any Justice or Peace Commissioner attending at the prison or other place wherein the defendant is in custody may, on production to him of the certificate, admit the defendant to bail, as directed by the certificate, at any time before the day of the adjourned hearing if the defendant is on remand or before the first day of the sittings of the court before which the defendant is to be tried if he has been sent forward for trial.

(8) Whenever it shall not be convenient for the surety or sureties to attend at the prison wherein the defendant is in custody to join with him in the recognizance then a Justice or Peace Commissioner having jurisdiction in the place where the proposed sureties reside may take their recognizances and shall then cause them to be forwarded to the Clerk of the Court Area wherein the order committing the Defendant was made. Such Clerk shall transmit the recognizance of the sureties to the Governor of the prison wherein the defendant is in custody, and thereupon any Justice or Peace Commissioner attending at such prison may (upon production to him of the recognizance already taken from the sureties) take the recognizance of the defendant and admit him to bail.

(9) Where a Justice or Peace Commissioner attends at a prison and admits to bail a defendant there in custody, but in respect of whom a certificate of consent to bail has been granted, he shall endorse on the warrant by virtue of which the defendant is held in custody a direction (Form 13A) requiring the said Governor to discharge the defendant from custody, and the Governor shall thereupon release the defendant if he be detained for no other reason.

(10) The provisions of this Rule shall, with any necessary adaptations, apply in the case of a witness who is remanded in custody or on bail as well as in the case of a defendant.

(11) A Justice, on being satisfied that a defendant charged with any offence who has been remanded either in custody or on bail is by reason of illness or accident unable at the expiration of the period for which he was remanded to appear personally before the court, may in the absence of the defendant further remand him to appear at a specified sitting of the court for any Court Area in his District, as he may think proper (Form 5A).

(12) No Peace Commissioner shall remand any person in custody for a period exceeding eight days. No Justice shall remand any person in custody for a period exceeding fifteen days, except under the provisions of Rule 90 hereof, but this shall not restrict the power conferred on him to send forward a defendant for trial in custody.

61. When a defendant charged with an offence has been admitted to bail :

(1) Any Justice or Peace Commissioner may, if he thinks fit, on the application of the surety or of either of the sureties (if more than one) or of a Superintendent or an Inspector of the Gárda Síochána, and on information being made on oath and in writing by or on behalf of the said surety or by the said Superintendent or Inspector that the defendant has been charged as aforesaid and admitted to bail and is about to abscond for the purpose of evading justice, issue a warrant for the arrest of the defendant. The defendant when arrested shall be brought before a Justice or Peace Commissioner having jurisdiction in the place where he was arrested, who shall remand him in custody to appear before the Justice who made the order returning him for trial or before the Justice before whom he was bound by his recognizance to appear, as the case may be, at a sitting of any court within such Justice's District which falls to be held within the period for which a remand in custody may be made; and such last-mentioned Justice may, if he thinks fit, commit him to prison until his trial or remand him in custody to appear at a sitting of the court before which he was bound by his recognizance to appear, or may, if he thinks fit, admit him to bail in the manner provided by Rule 60 hereof.

(2) The Justice sitting at the court for the place where the order admitting the defendant to bail was made, on the application of the surety or of all the sureties (if more than one) and upon the said surety or sureties delivering the defendant into the custody of the Gárda Síochána at the court where the Justice is sitting or at any other court which the Justice may appoint for the purpose, may, if he thinks it reasonable to do so, allow the said surety or sureties to be released from the obligation of the recognizance, and in such case he shall cause the said recognizance to be produced to him and shall make an endorsement thereon of the said release ; and he may commit the defendant to prison until his trial or remand him in custody to appear at a sitting of the court before which he was bound by his recognizance to appear, or may admit him to bail by a fresh recognizance.

62.—(1) Every information, deposition and statement which is taken by or before a Justice not sitting in the District Court or by a Peace Commissioner shall be transmitted forthwith to the Clerk for the Court Area in which it is intended to use the same.

(2) Save as is otherwise provided in these Rules, a recognizance entered into before a Justice not sitting in court or before a Peace Commissioner shall be transmitted to the Clerk of the court to which the person bound by the recognizance has been remanded, or, if the condition of the recognizance is a condition other than to appear before a specified sitting of the District Court, to the Clerk of the Court Area in which the order requiring such person to enter into a recognizance was made. If the condition of the recognizance is to appear at the Circuit Court or Central Criminal Court, the Clerk shall transmit the recognizance to the appropriate County Registrar.

(3) Save as is otherwise provided in these Rules, a recognizance entered into before a Justice at any District Court shall be transmitted to or deposited with the Clerk of the court to which the person bound by the recognizance has been remanded, or, if the condition of the recognizance is a condition other than to appear before a specified sitting of the District Court, shall be transmitted to or deposited with the Clerk of the Court Area in which the order requiring such person to enter into a recognizance was made.

63.—(1) When a Justice sends forward a defendant for trial, the Clerk for the Court Area wherein the sitting of the District Court was held at which the defendant was sent forward for trial shall transmit to the appropriate County Registrar, within ten days from the date of such sitting, every information, deposition, statement and recognizance taken or acknowledged before any Justice or Peace Commissioner in relation to the offence in respect of which the defendant is returned for trial, and also any exhibits produced in evidence before the Justice and handed in to the Court.

(2) The Clerk who transmits to the County Registrar the said information, depositions, statements and recognizances shall prepare and forward with such documents a schedule specifying the dates of the same and the dates upon which the same were received by him and a certified copy (Form 20) of the order made by the Justice which shall show the charges against the defendant and which shall be certified as correct by the Clerk preparing the same; and he shall also forward a separate schedule containing an entry of every exhibit produced in evidence before the Justice and handed in to the Court, or shall make an entry of every such exhibit in the first mentioned Schedule of documents, in which case such entry shall be made immediately after the entry of the deposition of the witness who produced such exhibit. Where several depositions have been taken concerning the same charge it shall not be necessary to write in the charge on more than one of such depositions. The said information, depositions, statements and recognizances, together with the certified copy of the order, the Schedule and the exhibits, shall be transmitted to the County Registrar either by hand, or if it be more convenient through the Post Office by prepaid registered letter, and the County Registrar shall give or, when the documents are sent through the Post Office, send to the said Clerk a receipt for the same.

64. In cases of summary jurisdiction the proceedings upon the hearing of the complaint shall be subject to the following provisions :—

(1) When the defendant or his Solicitor or Counsel is present the substance of the complaint shall be stated to him, and if he thereupon admits the truth of the complaint, the Justice may, if he sees no sufficient reason to the contrary, convict or make an order against the defendant accordingly, but if he does not admit the truth of the complaint, the Justice shall, subject to the provisions of Rule 66 hereof, proceed to hear and determine such complaint.

(2) When the defendant or his Solicitor or Counsel does not appear at the time and place at which he has been required or has acknowledged himself bound to appear, and in the case of a summons it appears to the Justice that the summons was duly served, or, where the defendant has been bound by recognizance to appear, the recognizance is produced to the Justice and in either case no sufficient grounds are shown for an adjournment, the Justice may proceed to hear and determine the complaint, or, in the case of a defendant who is charged with an offence, may issue a warrant for the defendant's arrest, as provided by Rule 40 or Rule 41 hereof.

(3) When the defendant or his Solicitor or Counsel appears at the said time and place or the defendant is brought before the Justice, then if the complainant (having in the case of the defendant's arrest had due notice thereof) does not appear by himself or his Solicitor or Counsel, the Justice may dismiss the complaint either without prejudice to its being again made or on the merits, as he thinks just, or he may adjourn the hearing as hereinafter provided.

(4) The Justice may at any stage of the proceedings adjourn any case or cases either to the next or any other court day at the same place or to such other day and place as he shall think fit, and upon the appointed time and place of adjournment being stated in court, all persons who have been required or who have bound themselves to appear in any of the cases so adjourned shall take notice of such adjournment, and shall be obliged to attend on the day and at the time and place to which the Justice has adjourned such case or cases, without the issue or service of any fresh summons; and in all cases of such adjournments the Justice may suffer the defendant to go at large, or (in prosecutions for offences) may remand him on bail or in custody, to appear at the time and place to which the hearing has been adjourned; but no remand in custody shall be for a period exceeding fifteen days.

(5) When a Justice proceeds to hear and determine a complaint that an offence has been committed he shall, if required to, do so by either party, or the Solicitor or Counsel for such party, take or cause to be taken a note in writing of the evidence or of so much thereof as is material, in a book to be kept for that purpose by the Clerk, and in such case the book shall be signed by the Justice by whom such information or complaint shall be heard on the day on which the same is determined.

(6) Any exception, exemption, proviso, qualification or excuse, whether it does or does not accompany the description of the offence complained of, and whether specified or negatived in the complaint or not, may be proved by the defendant, but no proof thereof shall be required from the complainant, unless evidence shall be given by the defendant concerning the same.

65. This Rule shall not apply to cases relating to the taxes and duties under the care and management of the Revenue Commissioners or to any fine penalty or forfeiture incurred in connection therewith or otherwise incurred under the Customs Acts; but it shall apply to any order made upon a complaint by any member of the Gárda Síochána for the recovery of an excise penalty under the provisions of the Roads Act, 1920, or of any statute amending the same.

A Justice making an order in any case of summary jurisdiction may proceed as follows :—

(1) In every case of an offence in which he is authorised to impose a penalty (which word shall, throughout this Rule and in Rules 68, 77 and 82 (f), include any fine and, where a fine is ordered to be paid, any compensation or costs or expenses ordered by him to be paid in addition to such fine),

(a) he shall in fixing the amount of a penalty take into consideration amongst other things the means of the offender so far as they are known to him at the time ;

(b) he may order that the penalty (whether the same does or does not exceed £5) shall be paid within such period, not less than seven clear days, as he shall think fit to fix for the purpose, and if he fixes no period, the penalty shall be paid upon the expiration of seven clear days from the date of the order ; and on subsequent application by or on behalf of the person against whom the said order has been made, he may allow such further time for payment as he shall think fit ; but if he is satisfied that the offender is possessed of sufficient means to enable him to pay the penalty forthwith, or that the offender has no fixed abode within his jurisdiction, or if the offender on being asked if he desires time for payment, does not express any such desire, or if for any other special reason the Justice expressly directs that no time shall be allowed for payment, he may order that the penalty shall be paid forthwith; and where time is not allowed he shall state the reason in the warrant of committal.

(2) In cases of a civil nature in which any sum of money (which expression shall include any costs or expenses awarded) is adjudged to be paid he may in his order or by warrant subsequently issued direct that the sum be paid either at once or by instalments, and that, in default of the said sum being paid at the time and in the manner directed by his order, the amount not so paid be levied by distress and sale of the goods and by taking the money of the person against whom the said order has been made.

(3) In every case of an offence he may in his order or by warrant subsequently issued direct that in default of payment within the time so fixed for payment of such penalty, either the said penalty be levied by distress and sale of the goods and by taking the money of the person against whom the order has been made, or without any order for distress that the said person be committed to prison for any term not exceeding the period specified in the following scale :—

And such imprisonment shall be determinable upon payment of the said penalty, or shall be reduced on payment of part of the said penalty in accordance with the provisions of section 3 of the Criminal Justice Administration Act, 1914.

(4) In any case of an offence in which the Justice shall have directed any penalty to be levied by distress as aforesaid, he may at any time by warrant direct that in default of payment of the penalty the offender be committed to prison for such period as might originally have been ordered; and in any such case in which he has directed the offender to be imprisoned he may if he shall think fit by warrant direct that the penalty shall be levied by distress as aforesaid. If in any such case both a warrant of distress and a warrant of committal have been issued, only one of such warrants shall be executed, and the other of such warrants shall be returned to the Justice for cancellation.

(5) Where any sum is awarded under the provisions of any Act as compensation for damage, or as the value of any article, or as the amount of any injury done, it shall be paid as compensation to the person aggrieved; but where the person aggrieved is unknown, such sum shall be applied and accounted for in the same way as any penal sum; and where several persons join in the commission of the same offence, and each is ordered to pay any such compensation, value or amount as aforesaid, not more than the amount of the damage or injury done or the value of the article shall be paid to the person aggrieved, and any further sum forfeited shall be applied and accounted for in the same way as any penal sum.

(6) It shall not be necessary for a Justice imposing a penalty to make an order relating to the method of disposing of the same in any case where provision is already made by law for the disposal thereof.

66. In any case of an offence punishable on summary conviction where the Justice does not convict the defendant, he may dismiss the complaint either on the merits or without prejudice to its being again made. If he is not satisfied that the appropriate provisions of these Rules have been complied with, or is of opinion that the complaint before him discloses no offence at law, or if neither complainant nor defendant appears, he may if he thinks fit strike out the complaint without awarding costs, but this order shall not debar the complainant from bringing fresh proceedings in the same matter.

67. A Justice who makes an order in any case of summary jurisdiction shall have power to order any party to the proceedings other than the Attorney General, or a member of the Gárda Síochana acting in discharge of his duties as a police officer, to pay to the other party such costs and witnesses' expenses as he shall think fit to award ; and on the adjournment of any proceedings he may make an order that a party shall pay any costs and witnesses' expenses incurred on such adjournment, independently of any order otherwise made in the case. Any witnesses' expenses ordered to be paid shall be payable in such manner and to such person as the Justice shall direct. Where no provision is made by Rule 65 hereof for the enforcement of an order awarding costs or witnesses' expenses, such costs or expenses may be recovered by warrant of distress.

This rule shall not extend to any information, complaint or other proceedings in relation to the taxes and duties under the care and management of the Revenue Commissioners or in relation to any fine penalty or forfeiture incurred in connection therewith or otherwise incurred under the Customs Acts.

68. In cases of summary jurisdiction :

(1) When any defendant has been sentenced to imprisonment the Justice shall issue the warrant of committal (Form 18A or Form 18B) forthwith, where the imprisonment is to take place immediately ; but where the imprisonment is not to take place immediately, he may either issue such warrant of committal forthwith, directing that it is not to be executed until the time at which the imprisonment is to take place, or may issue such warrant at, or at any time after, the time fixed for the imprisonment to commence.

(2) When imprisonment is ordered to take place in default of payment of a penalty, the Justice shall issue the warrant of committal (Form 18C or Form 18D) at any time after such default. When the imprisonment is to take place on the non-performance of a condition or where the execution of the sentence of imprisonment has been suspended by the Justice, the Justice shall issue the warrant of committal (Form 18E or Form 18F) upon his being satisfied of the non-performance of the condition or of the failure of the defendant to carry out the terms upon which the sentence was suspended, and it shall not be necessary in any such case to serve upon the defendant any notice of an application for the issue of the warrant. Where the execution of a sentence of imprisonment has been suspended, no warrant shall be issued to enforce such sentence after the expiration of six months from the date of the making of the order.

(3) Save where expressly authorised by statute, no warrant of committal shall be issued to enforce the payment of any compensation, costs or expenses unless a fine has also been imposed.

(4) Where a penalty or other sum of money is to be levied by distress, the Justice shall issue the warrant (Form 18G) to levy the penalty or sum of money at any time after the expiration of the time (if any) allowed for payment.

(5) Whenever an order is made in any case of a civil nature, and the same is not obeyed, the Justice shall issue a warrant to execute the order at any time not exceeding six months after the time fixed for compliance with its directions, where required so to do by the person in whose favour such order shall have been made, or by some person on his behalf ; but after the expiration of six months from the time so fixed for compliance he may issue such warrant only upon application being made to him at a sitting of the court for the Court Area in which the order was originally made and on notice of the said application being given to the party against whom the order was made. Such notice (Form 18J) shall be served in the manner provided by Rule 46 or 47 or 48 hereof not less than seven days before the hearing of the application, and shall be lodged with the Clerk of the said Court Area at least four days before the date fixed for the hearing.

(6) Whenever in a case of a civil nature a Justice is empowered to issue a warrant for delivery of possession of any premises, but is not required to make any order, it shall be lawful for a Justice, instead of issuing a warrant immediately on the determination of the case, to make an order requiring the defendant within a time limited by the order, to deliver up possession of the premises, and after the expiration of the time limited by the order he may issue a warrant (Form 18H) to execute such order in accordance with the provisions of paragraph (5) hereof.

(7) Where a person entitled to appeal against an order gives notice of appeal (Form A1) as provided by Rule 190 hereof and enters into a recognizance in the manner hereinafter provided conditioned to prosecute the appeal, and a warrant to execute the order has not been issued, the Justice shall not issue such warrant until the appeal is decided or the appellant has failed to perform the condition of the recognizance as the case may be. Where the Justice has issued such warrant before notice of appeal is given, or before such recognizance is entered into, he shall on notice of appeal being given and the recognizance being entered into on application being made to him, forthwith (if the warrant be a warrant of committal) order the discharge of the appellant from custody or from prison or (if the warrant be a warrant of distress) order that the warrant be not executed or that if executed the distress be returned to the owner. In any such case the order appealed from shall be entirely suspended until the appeal is decided or the appellant fails to perform the condition of his recognizance, as the case may be. This Rule shall not be taken to over-ride any statute expressly authorising or directing the levy of any sum to be made notwithstanding an appeal.

69. Whenever a warrant is issued for the purpose of enforcing an order made by a Justice in a case of summary jurisdiction, the Clerk shall make a note in the Justice's Minute Book or Charge Sheet of the issue of the warrant and of its nature and date.

70.—(1) Warrants in proceedings as to offences punishable either upon indictment or upon summary conviction (including warrants to arrest), and in summary proceedings of a civil nature (other than ejectment cases and cases for the recovery of rates exceeding five pounds), shall be addressed for execution to the Superintendent or an Inspector of the Gárda Síochána who acts for the place where the warrant is issued, or to any other person authorised by statute to execute such warrants ; provided that a Justice may if he thinks fit address any such warrant to any Superintendent or Inspector of the Gárda Síochána who acts for any part of the said Justice's District.

(2) Warrants in all other cases shall be addressed for execution to the County Registrar for the County in which the Court Area is situate, or where such Court Area comprises portions of two or more counties, to the County Registrar of that county comprising the portion of the Court Area in which the person against whom the warrant has been issued resides, or to any other person authorised by statute to execute such warrants, or if the Justice issuing the same thinks fit to any other person or persons (not being the complainant or a party interested).

71. Notwithstanding the provisions of Rule 70 hereof, in any case which appears to a Justice, by whom any warrant is 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 has jurisdiction, or in case of fresh pursuit of any offender, at any place in the next adjoining District ; but the member of the Gárda Síochána to whom any such warrant is so addressed shall, if the time will permit, show or deliver the same to the Superintendent or Inspector under whose command the said member is, who shall proceed in respect of the same according to the Acts regulating the Gárda Síochána.

72. A warrant to arrest a defendant, or to commit a defendant sentenced to imprisonment without the option of a fine, or a search warrant, may be issued or executed, and the recognizance of a defendant who is remanded on bail and of his sureties, if any, may be taken (notwithstanding any statutory provision to the contrary) on any day and at any time.

73. A warrant addressed to any County Registrar may be executed by any other County Registrar if the person against whom the said warrant has been issued has goods within the county for which such other County Registrar acts.

74. When a warrant is addressed to a Superintendent or Inspector of the Gárda Síochána for execution :—

(1) If the person against whom the warrant is issued or, in case of distress, any goods of such person are found in any place for which such Superintendent or Inspector acts, then such Superintendent or Inspector or any other Superintendent or Inspector acting in his stead for the time being, or any member of the Gárda Síochána appointed by any such Superintendent or Inspector, shall execute the warrant ;

(2) If such person or his goods, as the case may be, cannot be found in any place for which such Superintendent or Inspector acts, but may be found elsewhere within the State, such Superintendent or Inspector, or any other Superintendent or Inspector acting in his stead for the time being, may certify on the warrant (Form 14) the place where he believes that such person or his goods (as the case may be) will be found, and shall forthwith transmit the warrant to the Superintendent of the Gárda Síochána who acts for such last-mentioned place, and the warrant shall then be executed as if issued in the first instance to the Superintendent or an Inspector who acts for such last-mentioned place ;

(3) If such person or his goods, as the case may be, cannot be found within the State, but may be found within any other State where the warrant is, under the law for the time being there in force, capable of being executed, the Superintendent or Inspector to whom the warrant is addressed, or any other Superintendent or Inspector acting in his stead for the time being, shall certify (Form 15) on the warrant that he has reason to believe that the said person is to be found, or has goods, as the case may be, within such other State, and that he believes the signature to the warrant to be geunine, and shall forthwith transmit the warrant to the Commissioner of the Gárda Síochána, and the warrant shall be endorsed (Form 16) by the Commissioner or a Deputy Commissioner or, in the absence of the Commissioner and Deputy Commissioner, by an Assistant Commissioner of the Gárda Síochána for execution in such other State.

(4) The provisions of this Rule shall apply notwithstanding that such Superintendent or Inspector does not certify on the warrant the place where he believes that the said person or his goods will be found, if such place may be ascertained by other means than such certificate.

75.—(1) Where any goods are seized under a warrant of distress the person to whom the said warrant is addressed or any person lawfully authorised by him to execute the said warrant may sell the said goods within such period as shall be specially fixed by the said warrant, or if no period shall be so fixed, then within five days from the day on which they were seized, unless the sum for which the warrant was issued, and also the expenses of taking and keeping such goods shall be paid before the goods are sold ; and where he sells any such distress he shall pay to the owner of the goods the surplus, if any, after retaining the amount directed to be levied and the expenses. It shall be lawful for him to add the expenses of taking and keeping such goods to the amount directed to be levied whether the warrant contains an express authorisation to that effect or not.

(2) Where a warrant of distress is addressed to a Superintendent or Inspector of the Gárda Síochána he may sell or authorise any sergeant or member of the Gárda Síochána to sell by auction any goods seized under such warrant without procuring any licence to act as an auctioneer, and may add all reasonable expenses actually incurred in so doing, as well as expenses of taking and keeping the goods, to the amount directed to be levied.

(3) If the sale of the said goods does not realise a sum sufficient after payment of the said expenses to satisfy the amount ordered to be levied by the said warrant, the person to whom the said warrant is addressed shall certify thereon accordingly and return the warrant with his certificate endorsed thereon to the Justice who issued the same ; and such Justice may then make such order in accordance with the provisions of Rule 65 hereof, as he shall think fit, to enforce the payment of the amount still remaining unpaid.

(4) Where any person against whom any such warrant is issued pays or tenders to the person having the execution of the warrant the sum in such warrant mentioned, or produces the receipt of the Clerk for the same, and also pays the amount of the expenses of any distress up to the time of such payment or tender, the person having the execution of such warrant shall refrain from executing the same.

(5) Where any person who is apprehended under any warrant of committal pays or causes to be paid to the Governor of the prison in which he is imprisoned the sum in the warrant mentioned or such reduced sum as may be determined in accordance with the provisions of Section 3 of the Criminal Justice Administration Act, 1914, the said Governor shall receive the same and shall thereupon discharge such person if he be in his custody for no other matter.

76. Whenever a warrant is to commit any person to prison the officer or member of the Gárda Síochaná or other person whose duty it is to convey such person to prison shall deliver the said warrant and the said prisoner to the Governor of the prison named in the warrant, who shall thereupon give to such officer, member or other person a receipt for such prisoner (Form 17), but if the said prisoner is already in the custody of the Governor, the warrant only shall be delivered, or transmitted by post. The Governor shall detain the said prisoner for such period and in such manner as is stated in the warrant, and in cases of adjournments or remands, or the issue of a body warrant, the Governor shall cause the prisoner to be brought before such Justice as is specified and at such time and place as is named in the warrant.

77. When a warrant to levy a penalty is addressed to a member of the Gárda Síochána he shall pay the sum levied under it to the appropriate Clerk in accordance with the provisions of the Fines Act (Ireland), 1851.

In the case of a warrant to levy any sum other than a penalty :

(a) when it is addressed to a member of the Gárda Síochána he shall pay the sum levied under it to the Clerk of the Court from which the warrant was issued ;

(b) when it is addressed to a County Registrar, the sum levied under it shall be accounted for by him in the same manner as in the case of any other execution order of the District Court executed by him ;

(c) when it is addressed to any other person, he shall account for any sum levied under it in such manner as the Justice shall direct :

and when any such sum is paid to a Clerk the Clerk shall pay it to the person entitled to receive it in such manner and subject to such account (if any) as the Justice directs.

78. Whenever any warrant, other than a warrant for the arrest of a person charged with an indictable offence, is addressed, transmitted or endorsed for execution, to any person, and he is unable to find the person against whom the warrant has been issued, or to discover where that person is, or where he has goods, he shall return such warrant to the Justice for the District in which the same was issued within such time as is fixed by the warrant (or within a reasonable time, not exceeding six months, where no time is so fixed), with a certificate (Form 19) endorsed on it stating the reason why it has not been executed, and the said Justice may reissue the said warrant, after examining any person on oath, if he thinks fit to do so, concerning the non-execution of the warrant, or may issue any other warrant for the same purpose from time to time as shall seem expedient.

79.—(1) Whenever any person shall be bound by recognizance to give evidence as a witness under the provisions of Rule 43 or Rule 56 hereof it may be done either by recognizance at foot of the information or deposition, or by a separate recognizance, at the discretion of the Justice or Peace Commissioner.

(2) Whenever any person other than a witness shall be bound by recognizance to appear before a Justice whether at a District Court or not, or to appear before any other Court, or to keep the peace or to be of good behaviour or both, or to perform any other obligation for which he may by law have been required to enter into a recognizance before a Justice or Peace Commissioner, it shall be done by a separate recognizance (Form 2).

(3) Whenever any person shall be bound by a recognizance under the law relating to the Probation of Offenders it shall be done by a separate recognizance (Form 2A).

80. In the case of every recognizance taken under the provisions of any of these Rules

(a) except where the recognizance is taken in pursuance of a consent to bail, it shall be in the discretion of the Justice or Peace Commissioner or officer or member of the Gárda Síochána taking it to determine the amount in which the principal party shall be bound and whether the recognizance shall be with or without surety or sureties, and the amount in which each surety shall be bound, and the sufficiency of each such surety ;

(b) it shall particularly specify the profession, trade or description of every person entering into the same, together with his Christian or first name and surname, and the place in which he resides ;

(c) it shall have the like force and effect in binding the lands, tenements goods and chattels of the persons acknowledging the same, and in all other respects, as any recognizance now by law has.

81.—(1) When any person (hereinafter in this Rule called the principal party) is admitted to bail by a Justice, it shall be lawful for him, if the said Justice shall by his order have so authorised, in lieu of entering into a recognizance with a surety or sureties, to lodge a sum of money equivalent to the amount in which the said Justice shall have determined that the surety or sureties shall be bound, and the principal party shall be released from custody upon lodging the said sum of money either with the Clerk of the Court Area in which the order admitting the principal party to bail was made, or with the Governor of the prison wherein he is in custody for the said Clerk, and upon himself entering into a recognizance in the appropriate form in the amount in which the said Justice shall have determined that he shall be bound.

(2) If the said Justice shall so authorise, it shall be lawful for any person offering himself as surety for the principal party, in addition to signing the required recognizance, to lodge with the Clerk or Governor aforesaid a sum of money equivalent to the amount in which the said Justice shall have determined that such surety shall be bound, and upon such surety lodging the said sum of money and the said recognizance being duly entered into the said recognizance shall have the like force and effect as any recognizance entered into for a similar purpose under the provisions of these rules.

(3) The Clerk shall give to such principal party or surety as the case may be a receipt for the money so lodged, which shall show the charge on foot of which the order admitting to bail was made, and the order made by the Justice in the matter, and the Clerk shall endorse on the recognizance a note showing the sum of money lodged and by whom it was lodged.

(4) In case of non-performance of the condition or any of the conditions of the recognizance, the provisions of Rule 82 hereof as to proceedings for the estreating of recognizances shall apply, with the following modifications, viz.,

(a) if the party required to appear before the Justice mentioned in paragraph (b) of Rule 82 has not any address within the State, service of the Summons to Estreat shall be effected on him in such manner as the Justice shall direct, or the Justice may, if he thinks proper, by order dispense with such service :

(b) any order to estreat may be enforced against the party by whom the said sum of money has been lodged by ordering the forfeiture of the said sum or of any part thereof.

(5) Upon the condition or conditions of the recognizance being duly fulfilled, the Clerk of the District Court or the County Registrar or the appropriate officer of the Central Criminal Court, as the case may be, shall give to the principal party or to the surety by whom the said sum of money was lodged a certificate that the condition or conditions of the said recognizance have been performed, and the said sum shall thereupon be repayable to such principal party or surety, as the case may be.

(6) In the event of the recognizance being estreated in an amount less than the full amount of the sum lodged, the balance shall be repayable upon a certificate, furnished in accordance with the provisions of paragraph (5) hereof, showing the order made by the Court in the matter.

82. If on the non-performance of the condition or any of the conditions of any recognizance (other than a recognizance to appear at any court other than a District Court) it is intended to take proceedings for the estreating of the recognizance, the following shall be the procedure:—

(a) Before any Summons to Estreat is issued the recognizance shall be produced to the Justice of the District within which is situated the Court Area wherein the recognizance is deposited, and he may then, upon having such proof as he thinks fit, endorse thereon a certificate (Form 21) that any condition of the recognizance has not been performed.

(b) Any Superintendent of the Gárda Síochána may, by Summons to Estreat (Form 22), require the principal party to the recognizance or the surety or sureties or all or any of them to appear before the Justice of the District within which is situated the Court Area wherein the recognizance is deposited, at a specified sitting of the court for that Court Area, to show cause why the recognizance should not be estreated. The party or parties so required to appear shall be described as defendant or defendants in any such summons and such summons shall be served on each of the defendants at least twenty-one clear days before the said sitting of the court.

(c) Any party on whom a Summons to Estreat has been served may by summons (Form 23), directed to the Superintendent who is named as complainant in the Summons to Estreat, apply to the Justice who has endorsed the said certificate on the recognizance (or to any other Justice assigned to the said District) to have the same cancelled or varied. Such summons shall be issued for hearing at the sitting of the court specified in the Summons to Estreat, and shall be served on the said Superintendent by a summons server or other person authorised as provided by Rule 46 (1) hereof or in accordance with the provisions of Rule 47 (2) (b) hereof at least seven clear days before the date of the said sitting. Such summons shall be heard before the hearing of the Summons to Estreat, and at the hearing of such summons the Justice may, if he thinks fit, cancel or vary the said certificate. Any such summons shall be signed by the Justice of the District within which is situated the Court Area wherein the recognizance is deposited.

(d) Upon the hearing of a Summons to Estreat a certificate endorsed as prescribed by paragraph (a) hereof, or if the same has been varied the certificate as so varied, shall be conclusive evidence of the non-performance of the obligation of the recognizance as therein certified.

(e) The Justice hearing the Summons to Estreat, upon production to him of the said recognizance with the certificate aforesaid endorsed thereon, and upon hearing any evidence that may be tendered, may make an order (Form 24) to estreat the recognizance in such amount or amounts and against the principal party or the surety or sureties or against any or all of them as he thinks fit, provided that the recognizance shall not be estreated against any party who has not been served with the Summons to Estreat.

(f) The said order may be enforced against the principal party in the same manner as any order imposing a penalty in the case of an offence may be enforced, and may be enforced against a surety by warrant of distress.

(g) A Justice who estreats, as against the principal party, a recognizance to keep the peace or to be of good behaviour or to keep the peace and to be of good behaviour, may, in addition to estreating the recognizance, order the principal party to enter into a fresh recognizance with or without sureties to perform the obligation of the original recognizance during the period for which it would have remained in force but for the order to estreat.

83. The Clerk of each Court Area shall keep a Book which shall be known as the. "Justice's Minute Book" in which he shall enter all the cases which are to be heard at the sittings of the Court for the said Court Area and also all cases heard out of Court by a Justice or Peace Commissioner within the said Court Area. Provided however, that in the Metropolitan District where Charge Sheets are now in use, their use may be continued in place of the Justice's Minute Book.

84. Upon his pronouncing his decision in a case the Justice shall make a concise entry in the appropriate column of the Justice's Minute Book or Charge Sheet of such particular or particulars thereof as, having regard to the practice of the Court, shall suffice to serve him as a memorandum for the purpose of drawing up an order if required, and shall sign such entry. It shall not be necessary for the Justice in making such entry to disclose or set out therein any proceedings, facts or matters disclosing or establishing jurisdiction to make such decision, or disclosing compliance with every requirement of any Statute or other enactment under or by virtue of which such decision was pronounced, and the entry so made shall not be in any way regarded as the complete record of such decision.

An order shall be drawn up by a Justice when required, and when so drawn up and signed by a Justice shall be retained by the Clerk, and a certified copy thereof (Form 20) furnished under Rule 85 hereof shall be conclusive evidence for all purposes of the decision of the Justice.

85. Any person who satisfies the Clerk that he has a bona fide interest in the matter may obtain from the Clerk, upon payment of the prescribed fee, a copy of any information, written complaint, order, deposition or note of evidence (but not of the concise entry in the Justice's Minute Book or Charge Sheet) taken, issued or made in any case of summary jurisdiction or in the preliminary investigation of an indictable offence in the Court Area of such Clerk.

A copy of an order or other document furnished under this Rule shall be certified by the Clerk to be a true copy of the original order or other document, as the case may be.

86. Except in so far as is otherwise provided herein, this part of these Rules shall extend to any information or complaint or other proceedings under or by virtue of any of the Acts relating to Excise or Customs, to Stamps, Taxes, or Post Office, or to the Preservation of Game or Fish.

87. No receipt required to be given by or to a Clerk in the course of the disposal of or the accounting for any money paid to him or by him in accordance with the provisions of any of these Rules shall be subject to any stamp duty.

88.—(1) Subject to the provisions of paragraph (3) hereof, in cases of summary jurisdiction no variance between the complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint is stated to have been committed or to have arisen, shall be deemed material, provided that such information or complaint was in fact made within the time limited by law for making the same ; nor shall any variance between the complaint and the evidence adduced in support thereof, as to the place in which the offence or cause of complaint is stated to have been committed or to have arisen, be deemed material, provided that the said offence or cause of complaint was committed or arose within the jurisdiction of the Justice by whom the case is being heard, or that the defendant resides or in the case of an offence was arrested within such jurisdiction. In any such case the Justice may amend the summons, warrant or other document by which the proceedings were originated and proceed to hear and determine the matter.

(2) Subject to the provisions of paragraph (3) hereof, no objection shall be taken or allowed on the ground of a defect in substance or in form or of an omission in the summons warrant or other document by which the proceedings were originated, or of any variance between any such document and the evidence adduced on the part of the complainant at the hearing of the case in summary proceedings or at the examination of the witnesses during the preliminary investigation of an indictable offence, but the Justice may amend any such summons, warrant or other document, or proceed in the matter as though no such defect, omission or variance had existed.

(3) Provided, however, that if in the opinion of the Justice the variance, defect or omission is one which has misled or prejudiced the defendant or which might affect the merits of the case, he may refuse to make any such amendment and may dismiss the complaint either without prejudice to its being again made, or on the merits, as he thinks fit ; or if he makes such amendment, he may upon such terms as he thinks fit adjourn the proceedings to any future any at the same or at any other place.

(4) In a case of summary jurisdiction such amendment as aforesaid may be made whether the defendant does or does not appear at the hearing at which such variance, defect or omission comes to the notice of the Justice, provided that the defendant was duly served with a summons or bound by recognizance to appear at the said hearing.

89. Nothing in this part of these Rules shall affect or abridge the power of a Justice to proceed summarily upon the case of a person brought before him for an offence against the Acts relating to Customs or Excise, pursuant to the provisions of such Acts, without an information or complaint being made, or a summons or a warrant of arrest being issued in the first instance.

90. Where any person is bound by a recognizance entered into by him under the law relating to the Probation of Offenders to appear for conviction or sentence when called on, any Justice on being satisfied by information on oath (Form id) that such person has failed to observe any of the conditions of his recognizance may issue a warrant (Form 3e) to arrest such person, or, if he thinks fit, instead of issuing a warrant in the first instance he may issue a summons (Form 4a) requiring such person to attend at a Court and on a date and at a time specified in the summons, and he may also by the said summons, if he thinks fit, direct such person's sureties (if any) to attend at the said Court.

Such person when arrested shall, if not brought forthwith before the court before which he is bound by his said recognizance to appear, be brought before a Justice or Peace Commissioner in the place where he has been arrested, and if he is brought before a Peace Commissioner the Peace Commissioner shall remand him in custody or on bail to appear before the Justice of the District in which he has been arrested at any court in such Justice's District ; and such Justice may remand him in custody or on bail to appear before the court before which he is bound by his said recognizance to appear.

If the court before which such person is summoned to appear is not the court before which he is bound by his said recognizance to appear, the Justice before whom he appears in answer to the summons may remand him in custody or on bail to appear before such last-mentioned court.

A remand in custody by a Justice under this Rule may be for a period exceeding fifteen days.

91.—(1) Notwithstanding the provisions of these Rules, it shall be lawful for a Justice assigned to the Metropolitan District to continue any practice or procedure now in force in that District, either in addition to or in substitution for any practice or procedure laid down by these Rules.

(2) Where more than one Clerk is assigned to a Court Area, then the principal Clerk in such Court Area, or in the Metropolitan District the chief Clerk, may make such division of duties among the Clerks assigned to such Court Area or to the said District respectively as he thinks proper.

(b) LICENSING.

92. A Justice shall hold upon the day of the last sitting of the District Court in each Court Area for the hearing of cases of summary jurisdiction in the month of September a Court to be known as the "Annual Licensing District Court." For the purpose of this Rule the last sitting of the Metropolitan District Court shall be that sitting held on the last Thursday in the month of September.

93.—(1) An application for the grant of a certificate for a licence to sell spirits or beer in retail quantities for consumption off the premises shall be made at the Annual Licensing District Court for the Court Area in which the premises for which a licence is required are situated.

(2) An application for the grant of a certificate for a wholesale beer dealer's licence may be made at any sitting of the District Court for the Court Area in which the premises for which a licence is required are situated.

94.—(1) Every person applying for the grant of a certificate for any such licence as is mentioned in Rule 93 hereof shall, not less than twenty-one days before the day of the court at which such application is made give or cause to be given to the Clerk of the Court Area in which the premises for which a licence is required are situated and to the local Superintendent of the Gárda Síochána, a notice in writing signed by such person stating the intention of such person to make such application, and setting forth in a true and particular manner the location and description of such premises, specifying the townland and county in which they are situated, and, if in a city or town, the street square or other description of the house, with the number of the house if it has been numbered, and also the place of abode of such person.

(2) Where the application is for the grant of a certificate for a licence to sell spirits or beer in retail quantities for consumption off the premises, and the applicant has within the preceding two years had a licence as a spirit grocer or beer retailer, the notice shall in addition give full particulars of the premises in respect of which he held such licence.

(3) Where the application is for the grant of a certificate for a licence to sell beer in retail quantities for consumption off the premises, the notice shall in addition state the valuation at which the premises for which a licence is required are rated for the relief of the poor, and the period for which such premises have been in the exclusive occupation of the applicant.

(4) Where the application is for the grant of a certificate for a wholesale beer dealer's licence, the notice shall give the particulars required by paragraphs (1) and (3) hereof.

95. All applications for certificates by way of renewal of licences for the sale of intoxicating liquors shall be made at the Annual Licensing District Court for the Court Area in which the licensed premises are situated ; save that applications for the renewal of licences expiring on the thirtieth day of June in each year shall be made at the last sitting of the District Court in each Court Area for the hearing of cases of summary jurisdiction in the month of June or at the first available Court thereafter, and the application for renewal shall be so made in any case in which, by virtue of the provisions of section 49 of the Finance (1909-10) Act, 1910, a licence to sell beer in retail quantities for consumption off the premises expires on the thirtieth day of June in any year.

96. Where a person licensed to sell intoxicating liquors applies for a certificate for the renewal of his licence, the following provisions shall have effect :—

(a) The form of certificate prepared by the applicant for signature by the Justice shall be lodged with the Clerk at least seven clear days before the date of the Annual Licensing District Court, or in the case of licences expiring on the thirtieth day of June, the date of the court specified in Rule 95 hereof.

(b) The applicant need not attend in person at the court unless he is required to do so by the Justice or by the Superintendent of the Gárda Síochána for some special cause relating to the applicant in person or to his premises.

(c) A Justice shall not entertain any objection to the signing of such certificate or receive any evidence with respect to the same unless a written notice of the intention to oppose shall have been served on the applicant and on the Clerk not later than seven days before the date of the court, stating in general terms the grounds on which the renewal of such licence is to be opposed.

(d) A Justice may, notwithstanding that no notice of objection has been served, if the objection is made in court, adjourn the signing of the certificate to a future day and require the attendance of the applicant.

(e) A Justice may not receive any evidence with respect to the application or objection which is not given viva voce and on oath in open court.

97.—(1) Upon the death or incapacity of any person duly licensed to sell intoxicating liquors by retail for consumption on or off, or for consumption off, the premises, or upon the removal of any such person from the house or premises at which he is authorised by licence to sell such liquors, or upon the sale or assignment of his interest therein by operation of law or otherwise, a Justice of the District within which such licensed house or premises are situated may, at any sitting of the court for the Court Area in which such house or premises are situated (if he shall think proper so to do after examination on oath of the necessary parties), temporarily transfer, by endorsement on the licence, any and every such licence, then in force, to any person not disqualified by law to whom it shall be proposed at the time of such application to transfer such licence, and if the Justice grants such temporary transfer it shall be lawful for the person to whom the transfer is granted to sell at the said house or premises such intoxicating liquors as might theretofore have been lawfully sold and retailed there until the next Annual Licensing District Court for that Court Area (which expression shall, where appropriate, have the meaning given to it by Rule 99).

(2) A Justice may, where special circumstances so require, grant such temporary transfer at a sitting of the District Court in any Court Area in his District.

(3) If the Justice so directs, the requirement of endorsement of the transfer on the licence may be complied with by endorsement on a certified copy of the licence or on a certified copy of the receipt showing the payment of the current licence duty, or may be dispensed with if the Justice is satisfied that the licence is being wrongfully withheld from the person entitled to possession thereof.

(4) If the applicant has not at the time obtained or is for any other reason unable to produce the original probate, grant of administration, conveyance or transfer, as the case may be, upon which he relies, the Justice may, if he thinks fit, grant such application subject to the subsequent production of such probate, grant of administration, conveyance or transfer as the case may be.

98. Any person making an application for a temporary transfer of a licence within any of the provisions of Rule 97 hereof shall before such application give to the Superintendent of the Gárda Síochána in charge of the district and to the Clerk of the Court Area in which the licensed premises are situated reasonable notice of his intention to make such application.

99. If the next Annual Licensing District Court is held within a period of one month after the date of the grant of such temporary transfer, the Justice sitting at the Annual Licensing District Court may adjourn any application for the renewal of such licence which has been duly lodged in accordance with the provisions of Rule 96 hereof to a specified sitting of the court for the same Court Area (which sitting shall then in reference to such licence be deemed to be for all purposes the Annual Licensing District Court), and upon the application for renewal being so adjourned the person to whom such temporary transfer has been granted may make application for a certificate by way of confirmation of the transfer, and for that purpose may give the notice and publish the advertisement required by the provisions of Rule 101 hereof. Such application may be listed for hearing at the said adjourned sitting of the Annual Licensing District Court, and the Justice upon being satisfied that the said provisions as to notice and advertisement have been duly carried out may, if he thinks fit, grant the application for a certificate by way of confirmation of the transfer.

100. All applications for certificates by way of transfer of licences for the sale of intoxicating liquors shall be made at the Annual Licensing District Court for the Court Area in which the licensed premises are situated.

101.—(1) A person applying for a certificate of transfer of an on-licence shall not less than twenty-one and not more than thirty-five days before the date of the Annual Licensing District Court cause an advertisement to be inserted in one local newspaper circulating in the district of his intention to apply for such certificate.

(2) Every person applying for a certificate of transfer of a licence shall at least twenty-one days before the date of the Annual Licensing District Court give or cause to be given to the Clerk of the Court Area in which the licensed premises are situated and to the local Superintendent of the Gárda Síochána a notice in writing giving

(a) in the case of an on-licence, the particulars specified in paragraph (1) of Rule 94 hereof, or

(b) in the case of an off-licence, such of the particulars specified in paragraphs (1), (2) and (3) of Rule 94 hereof as may be appropriate to the licence to be transferred;

and the Clerk shall file and keep every such notice, and shall ten days at least before such Annual Licensing District Court make out a list of the names of all such applicants with their places of abode, and the location and description of the house or premises for which every such person shall desire to be licensed.

102. At the Annual Licensing District Court the names and addresses of all applicants for certificates of transfer shall be read out by the Clerk, and demand made whether anyone has or knows any objection to any of the applications being granted.

103. Where a person applies for a certificate of transfer of a licence the following provisions shall have effect :—

(a) He shall attend in person (unless the Justice is satisfied that there is good reason for his non-attendance) at the Annual Licensing District Court and present himself for examination as to his general character, possession of the premises, and any other questions which a Justice may think fit to put to him.

(b) He shall produce in court any muniment of title upon which he grounds his application.

(c) If the applicant has not at the time obtained or is for any other reason unable to produce the original probate, grant of administration, conveyance or transfer, as the case may be, upon which he relies, the Justice may, if he thinks fit, grant such application subject to the subsequent production of such probate, grant of administration, conveyance or transfer as the case may be. The appropriate certificate shall not be given to such applicant until he produces the document in question. It shall be lawful for the person to whom a temporary transfer has been granted under the provisions of Rule 97 hereof to trade until such document is produced; but in such a case the Justice may at any time order that his grant of the application be revoked on account of the applicant's failure to produce the document in question, and if he so revokes the grant he shall refuse the application.

104.—(1) If a certificate by way of transfer of a licence is granted, any application which may have been made for renewal of the licence shall not be proceeded with, and it shall not be necessary for the transferee to obtain a certificate by way of renewal of the licence in addition to a certificate by way of transfer.

(2) Upon an application for a certificate of transfer of an on-licence being granted by a Justice, the Clerk shall give to the person entitled thereto a certificate (Form 26) that he is entitled to receive a licence.

(3) Upon an application for a certificate of transfer of an off-licence being granted by a Justice, the Justice shall sign the appropriate certificate and the Clerk shall give it to the applicant.

105. Where a Justice has refused an application for a certificate for the grant, transfer or renewal of a licence to sell intoxicating liquors (other than an application for a temporary transfer under Rule 97 hereof) the applicant on payment of the prescribed fee shall be entitled to obtain from the Clerk a certificate of refusal (Form 27) stating the grounds of refusal. Such certificate shall be signed by the Justice.

106. The Clerk shall keep a book which shall be known as the Register of Licences (Form 28). The Clerk shall enter in such register particulars of all licences for the sale of intoxicating liquors existing in respect of premises situated within his Court Area and of all transfers and renewals thereof, together with all other proceedings affecting the said licences or any of them.

107. Every holder of a licence shall, within ten days after he has obtained such licence, deliver or cause to be delivered to the Clerk of the District Court Area in which his licensed premises are situated a note in writing (Form 29) signed by him, setting forth his full name and address and the description and location of the house or premises in which intoxicating liquors are licensed to be sold, and the full name and address of the owner of the said house or premises in accordance with the provisions of Section 10 of the Licensing (Ireland) Act, 1833, as amended.

108.—(1) All applications for the renewal of public dancing licences in respect of premises for which any such licence is already in existence (other than applications for a licence for a defined period not exceeding one month) shall be made at the Annual Licensing District Court for the Court Area in which the place for which the licence is required is situated.

(2) Applications for the grant of public dancing licences in respect of premises for which no such licence is already in existence, and applications for such licences for a defined period not exceeding one month, and all applications which are required by law to be made to a Justice for any licences, other than those for which provision has been made by the preceding Rules, shall be made to a Justice sitting in court and may be made at any sitting of the court for the Court Area in which the premises or place in respect of which a licence is required are situated. If however, sufficient reason is shown to a Justice for the making of such application at a sitting of any other court in his District, he may hear such application at such other court.

(3) Where the application is for a public dancing licence, the applicant shall give the notices required by the Public Dance Halls Act, 1935 , and in any other case he shall give such notice as is required by statute or, where no notice is prescribed by statute, the notice required by Rule 12 or other appropriate Rule hereof.

109.—(1) The Registrar of Clubs for the purposes of the Registration of Clubs (Ireland) Act, 1904, shall be the Clerk of the Court Area in which the club premises are situated.

(2) The secretary of a registered club applying for an authorisation to extend the hours during which intoxicating liquors may be supplied to members of the club on any occasion in accordance with Section 21 of the Intoxicating Liquor (General) Act, 1924 (No. 62 of 1924) shall, at least forty-eight hours before making such application, give to the Superintendent of the Gárda Síochána in charge of the place where the club premises are situated a notice in writing of such intended application.

110. For the purpose of procuring the attendance of any person as a witness on the hearing of a licensing application, the procedure prescribed by Rule 53 hereof may be followed as if such application were a complaint.

111. Every holder of a licence for the sale of intoxicating liquors may, on the hearing of any summons or proceedings, be required by the Justice of the District Court to produce and deliver such licence to be read and examined by the Justice, whether it shall or shall not have been stated in any summons or other document that production would be required.

CIVIL PROCEEDINGS.

(a) General.

112. Sittings of the District Court for the hearing of civil proceedings shall be held in the places, on the days and at the hours from time to time appointed under the orders and provisions set out in Rule 24 hereof.

113. The jurisdiction of a Justice in civil proceedings shall be exercised by him within his District as follows namely :—in the Court Area for civil proceedings wherein the Defendant or one of the Defendants ordinarily resides or carries on any profession, business or occupation, or in which jurisdiction in such proceedings depends upon the provisions of Section 53 of the Courts of Justice Act, 1936 (No. 48 of 1936). Nothing herein contained shall deprive such Justice of the right to adjourn a case from one Court Area to another within his District if he shall see fit.

114. All civil proceedings shall be originated by the issue and service in the manner hereinafter provided of a Civil Process in the appropriate form.

A Civil Process shall be deemed to have been issued when it has been stamped, signed and handed or sent by post to a summons server.

115. Each Civil Process shall be signed by the Plaintiff in person or by his Solicitor, or firm of Solicitors, or by some person duly authorised so to sign by such Solicitor or firm of Solicitors. In the Metropolitan District the Principal Justice of the appropriate Division shall from time to time, if he considers it necessary owing to the pressure of business, limit the number of Civil Processes to be entered for hearing for the sittings and while such limitation continues in force every Civil Process, before being handed for service to the summons server, shall be lodged with the Clerk for insertion of the date for hearing such Civil Process.

116.—(1) A book shall be kept by the Clerk to be called the "Civil Process Book" in which the Clerk shall enter all civil proceedings (other than ejectments) made returnable to any particular sitting of the court, which book every person shall have liberty to inspect and examine, on payment of the prescribed fee.

(2) Save as provided in Rules 168 and 172 hereof, all Civil Processes shall be entered for hearing in the Civil Process Book by the Clerk in alphabetical order according to the surnames of the Plaintiffs, or in such other order as the Justice may direct.

117. The original of every Civil Process intended for entry for hearing shall be lodged by the plaintiff or his solicitor with the Clerk not less than four and not more than fourteen clear days before the sitting of the court to which such Civil Process has been made returnable.

118. Every Civil Process in which payment of a liquidated sum only is claimed shall show on its face the appropriate costs, as set forth in the Schedule of Costs hereto annexed, payable if the plaintiff's claim is settled before entry, or within the period specified in Rule 131 hereof.

119. In proceedings on bills of exchange, promissory notes or other securities for money, the Civil Process shall set forth the dates of the same respectively, the sums for which the same were respectively given, and the sums claimed to be due thereon for principal and interest respectively, the parties to the same, and the periods when the same respectively became due and payable.

120. In proceedings for rent, or for use and occupation, the Civil Process shall state the amount claimed for rent, and the period up to which the same is alleged to be due, the name of the townland, or street of a city or town, and the county, the district and the Court Area, in which the lands or tenements or part thereof are situate, and when brought upon a lease or other instrument, the date and the parties thereto respectively.

121. In proceedings founded upon any written document not included in Rule 119 or Rule 120 hereof, the Civil Process shall state the date of the document, and the parties to it, and if for the payment of money, the amount claimed, or, if for breach of any contract, the alleged breach or breaches of such contract.

122. In proceedings where the assignee of any debt or other chose in action sues, he shall state in the Civil Process the name and description of the assignor, and the nature and the date of the assignment.

123. In proceedings for the recovery of book or shop debts or other running accounts, the plaintiff shall furnish full particulars of his demand within a reasonable period before, or at the time of, the service of the Civil Process, unless the Justice shall consider it to have been unnecessary.

124. In proceedings instituted under the jurisdiction conferred by section 53 of the Courts of Justice Act, 1936 (No. 48 of 1936) in which the proceedings are not brought before the Justice within whose District the Defendant ordinarily resides or carries on any business, profession or occupation, the Civil Process and the decree or dismiss shall state the place in which the contract is alleged to have been made or in which the tort is alleged to have been committed or, in ejectment proceedings, the place where the lands the subject of the proceedings are situate.

125. When particulars have not been furnished in compliance with the preceding rules, the Justice may, upon such terms as he thinks fit, adjourn the case and order sufficient particulars to be delivered.

126. Where there are numerous persons having the same interest in one action or matter, one or more of such persons may sue or be sued, or may be authorised by the Court to defend such action or matter on behalf of or for the benefit of all persons so interested.

127.—(1) Service of a Civil Process shall be effected ten clear days at least before the sitting of the Court to which such Civil Process shall be made returnable.

(2) Unless where otherwise provided for by these Rules a Civil Process shall be served in one of the modes prescribed by Rule 47 or Rule 48 hereof for the service of summonses in summary proceedings by a person appointed a summons server or in appropriate cases in the manner prescribed by Rule 46 (2) hereof and proof of such service shall be given in the manner prescribed in Rule 49.

(3) Service of a Civil Process may be deemed to be good service if the Justice is satisfied that a Solicitor acting on behalf of a defendant has accepted service thereof.

128. If personal service of any civil process on the defendant, or service on any person within the defendant's dwelling-house or place of residence, cannot be effected, it shall be lawful to deliver to the wife, husband, child or other relative of the defendant, or of the defendant's wife or husband, or to any servant of the defendant, who respectively usually resides with the defendant and is of the age of sixteen years or upwards, a copy of the said civil process for the defendant outside the said dwelling-house or place of residence of the defendant and in the immediate neighbourhood thereof, and such service of the civil process shall be deemed as good and effectual to all intents and purposes as if the service on any of the said persons had been effected within such dwelling-house or place of residence.

129. When a Justice is satisfied by evidence given on oath in open court

(a) that any officer appointed to serve civil processes has been or will be prevented by forcible resistance, or by reasonable apprehension of personal injury, or by reason of any other sufficient cause, from serving any civil process, or

(b) that any defendant is evading service,

the Justice may direct, by an order to be signed by him and entered in the appropriate book,

(1) that sending a copy of the civil process by post by prepaid letter addressed to the defendant at his last known residence or place of business at least fourteen clear days before the date of the court to which such civil process is made returnable, or

(2) that serving a copy of the civil process at least fourteen clear days before the said date in any of the modes in which a summons may be served under the provisions of Rule 47 (2) (a) or 47 (2) (b) hereof,

shall be deemed good and effectual service of the said civil process on the defendant.

Where the Justice gives any such direction as aforesaid, a notice to that effect shall be sent or served, as the case may be, with every copy of the civil process so sent or served.

On it being proved to the satisfaction of the Justice at the court to which such civil process is made returnable that the copy of the civil process and the said notice have been sent or served as directed, the Justice may proceed to hear and determine the civil process in all respects as if the same had been personally served on the defendant.

Unless the contrary be proved, a civil process sent by post by prepaid letter shall be deemed to have been effectively served upon proof, in the manner prescribed in Rule 49, that the letter containing the copy of the same was properly addressed and posted, and the service shall be deemed to have been effected at the time at which the said letter would in the ordinary course of post have been delivered.

Such civil process shall be deemed to be issued when the letter containing the copy of the same is posted.

130. The fee payable to any summons server in respect of the service of any Civil Process shall be 2/6 and where personal service is required it shall be 3/6, for each copy served. The fee payable in respect of the service of any document other than a Civil Process of which service is required by these Rules shall be in accordance with the scale laid down in Rule 52 hereof.

131. If a Defendant before the entry of the Civil Process pays the amount sued for and the appropriate costs as shown on the face of the Civil Process or if he pays the said sums within four days of the service upon him of such Civil Process although the same may have been entered all further proceedings shall be stayed.

132. Any defendant may with his notice of intention to defend lodge in court an amount which he alleges is sufficient to satisfy the plaintiff's claim, whether with or without an acknowledgment of liability, together with the costs of the proceedings up to the time of lodgment, and shall at the same time by notice in writing inform the plaintiff of the lodgment, specifying the sums lodged in respect of (1) the plaintiff's claim and (2) costs.

The Plaintiff may at any time before the day fixed for the hearing accept the amount so lodged, and thereupon the said amount may be paid to him without the necessity of any formal decree or order by the Justice, on his lodging with the Clerk a signed notice of acceptance, in full satisfaction of his claim, of the amount lodged in respect thereof.

If the Plaintiff does not accept the amount lodged before the day fixed for the hearing of the process, he shall be liable for all costs incurred subsequent to the lodgment in respect of the action or claim, unless the Justice decides that the amount due in respect of the claim is greater than the amount lodged in respect thereof.

If the Justice decides that the amount to which a Plaintiff is entitled in respect of the claim is not in excess of the amount so lodged, he shall give judgment for the Plaintiff for the amount which he finds to be due, but shall award to the defendant the costs incurred in respect of the action or claim subsequent to the lodgment; and such order may be made as to the disposal of the amount lodged in court as the Justice may think fit.

133. Where the defence is a tender, such defence shall not be available unless, with the notice of intention to defend required by Rule 153 hereof, the defendant lodges with the Clerk the amount alleged to have been tendered.

134.—(1) In cases where two or more persons are joined as Defendants and one of such Defendants ordinarily resides or carries on any profession, business or occupation within the District of a Justice and the other in some other part of the State, upon the Defendant within the jurisdiction of such Justice having been served, a copy of the Civil Process may be served upon the Defendant so residing or carrying on business out of the jurisdiction of such Justice, and upon such service having been effected, such Defendant shall be as effectively bound by the proceedings as if he resided or carried on any profession, business or occupation within the District of such Justice.

(2) In such cases service out of the jurisdiction of a Justice shall be effected by a summons server of the Court Area in which the Defendant to be so served resides, or carries on any profession, business or occupation, and proof of such service shall be given in the manner prescribed by Rule 49 hereof.

135. A Justice shall have full jurisdiction in all cases, including cases in which the Plaintiff in a Civil Process does not proceed with the same, to make a decree, or to dismiss, either on the merits or without prejudice to the Plaintiff's proceeding by a new Civil Process.

136. The decree in Civil Proceedings, excepting proceedings for the recovery of any tax or duty under the care or management of the Revenue Commissioners, and excepting proceedings for which a special form of decree is provided, shall be in accordance with Form III and shall be prepared by the successful party or his Solicitor, and lodged with the Clerk. The decree shall be signed by the party taking out the same or by his Solicitor or firm of Solicitors and by the Justice.

137. Proceedings for the recovery of any tax or duty under the care and management of the Revenue Commissioners whether brought in the name of a Collector of Income Tax or otherwise shall be commenced by Civil Process which shall state the nature of the claim and the amount claimed to be due in respect thereof. The Decree in such case shall be in Form XX.

This Rule shall be in addition to and not in substitution for any statutory provision enabling the Commissioners to recover any duty summarily as a civil debt.

138. On every decree or dismiss made by a Justice in Civil Proceedings there shall be printed either at the foot or on the back thereof a true copy of the schedule of fees payable to the County Registrar for execution in accordance with any order for the time being in force relating to the same.

139. A warrant shall be added to all decrees and dismisses in the form following or as near thereto as may be :

either of them and their assistants to execute the above decree.

The sum to be levied hereunder is £

Given under my hand this day of , 19 . County Registrar (Under-Sheriff) of the said County

Such warrants shall not be addressed to any other persons than Court Messengers.

140. Execution may not issue on a decree or dismiss made by a Justice of the District Court after six years from the date thereof except pursuant to a special order of the Justice. Such order shall be applied for by notice, to be served upon the party liable to execution, except where the Justice under special circumstances otherwise directs. If during the period in which any decree or dismiss continues in force any change has taken place by death or otherwise in the parties entitled or liable to execution, the party alleging himself to be entitled to execution may apply to a Justice by notice of motion (in Form IV) to be served on the party alleged to be liable to execution, to have such decree or dismiss amended accordingly, and such Justice, if satisfied that the party so applying is entitled to execution, may make an order to that effect, and may make any amendment required to give effect to such order, and may impose such terms as to costs or otherwise as to him appears just.

141. No cause of action in the whole amounting to a sum beyond such sum as may be recoverable in the District Court shall be split or divided so as to be made the ground of two or more different proceedings, in order to bring such cases within the jurisdiction of the District Court, and if any Justice shall find that the Plaintiff in such case shall have split his cause of action as aforesaid, he shall dismiss every such proceeding with costs, without prejudice, however, to the Plaintiff's right to sue upon such cause of action in any other court and in such manner as he lawfully may. But if a Plaintiff shall be satisfied to recover such sum as is within the jurisdiction of the District Court, and shall state upon the face of the Civil Process that he abandons all claim to any larger amount, the Justice may, if such Plaintiff shall satisfactorily prove his claim, make a decree for the sum claimed, and the same shall be in full discharge of the whole of such demand.

142. Where a Justice stays execution upon terms as to the payment by instalments by the Defendant of the debt or damages and costs, the decree shall be in Form V, or (in cases to which Rule 137 applies) in Form XX with suitable endorsements, and shall state the time or times when, and by what instalments, the debt, or damages, and costs, shall be paid, and that, on default being made by the defendant in payment of any one of such instalments, the whole balance then remaining unpaid shall become due and payable. Such decree shall not be executed against the Defendant until default has been made in payment of some instalment according to such order.

143. A Justice at the hearing of any Civil Process where there shall be more than one Defendant may grant a decree with costs against one or more of such Defendants and grant a dismiss as to the other or others of the Defendants, with or without costs at the discretion of the Justice ; and where the Plaintiff succeeds against one or more of the Defendants and fails against the other or others, the Justice may order (Form VI) that the Defendant or Defendants against whom the Plaintiff has succeeded shall (in addition to the Plaintiff's own costs) pay to the Plaintiff by way of recoupment the costs which the Plaintiff is liable to pay and pays to the Defendant or Defendants against whom he has failed. The Plaintiff shall pay such costs before applying for such order.

144. Any Defendant in any Civil Process may set off, by way of defence, any debt or liquidated money demand, or set up, by way of counterclaim, any claim for any debt, demand or damages, whether liquidated or unliquidated, for which any Plaintiff is alleged to be liable. But no counterclaim shall be maintainable for any amount larger than is recoverable by Civil Process under the jurisdiction of the District Court, unless such Defendant, before or at the hearing, consents to accept an amount within such jurisdiction in full satisfaction and discharge of his counterclaim. The Justice may make any decree or dismiss in respect of the original claim and the set-off or counterclaim and may make one decree for any balance appearing to be due to any Plaintiff or Defendant respectively. Notice in writing (Form VII) with particulars of such set-off or counterclaim shall be given to the Plaintiff and the Clerk four clear days at least before the day fixed for the hearing. The costs of and incidental to such set-off or counterclaim to be awarded to either party shall be in the discretion of the Justice.

145. If cross decrees shall be made or pronounced by a Justice between the same parties or shall be at the same time unexecuted or only partially executed the Justice may, on the application of either party, order that such decrees be set off against each other, and if of unequal amounts that a decree only upon which the larger sum shall be due be issued or executed as the case may be, and the same shall be issued or executed only for such sum as shall remain due after deducting the sum due upon the other decree.

146. In all civil proceedings, the entry in the Civil Process Book, or the Summary Judgment Book, or the Ejectment Book, as the case may be, of a decree or dismiss shall be conclusive evidence that a decree or dismiss between the parties named in such entry, and to the purport and effect mentioned therein, was pronounced by the Justice at the court of which such book shall purport to be the record, and it shall not be necessary in any case to produce the decree or dismiss signed by the Justice.

147.—(1) A Justice in hearing and determining any Civil Process shall have jurisdiction to grant to the successful party such witnesses' expenses as he shall think fit to award, and shall grant such costs as shall be in accordance with the appropriate scale set forth in the Schedule of Costs annexed hereto.

(2) In all civil proceedings the costs to be awarded in defended cases shall be in accordance with the appropriate scale for defended cases ; provided that, where the plaintiff is successful and the proceedings on behalf of the defendant have not been conducted by Solicitor, the costs shall be in accordance with the appropriate scale for undefended cases, unless the Justice, upon application made to him at the hearing, shall direct that the scale for defended cases shall apply.

(3) No costs other than necessary outlay shall be granted to a successful party unless the proceedings are conducted on his behalf by Solicitor.

(4) Where an adjournment has been granted on the application of either party, the Justice may allow such costs of such adjournment as he thinks fit, and may order that such costs be added to or deducted from the costs allowed to either party on the final determination of the civil process, or may, if he thinks it reasonable to do so, issue a separate order (Form VIII) for their payment.

148.—(1) For the purpose of procuring the attendance of any person as a witness in civil proceedings a summons (Form IX) may be issued at the request of any party to such proceedings or his Solicitor. Such summons may be issued by the Justice of the District in which the proceedings are to be heard or by the Clerk of the Court at which such proceedings are to be heard, and shall require the person so summoned to appear personally and to bring with him and produce such accounts, papers and other documents as are in his possession or power and as are mentioned in the said summons, and to give evidence at the time and place named therein. Such witness summons shall, at least three clear days before the date fixed for the hearing, be served in the appropriate manner as provided by these Rules, and proof of such service shall be given in the manner provided in Rule 49 hereof.

(2) If it shall appear that the reasonable expenses of the person required to attend as a witness have not been paid or offered to him, the Justice may set aside or disregard the service of the summons.

(3) The Justice hearing the proceedings may proceed as is provided in Rule 53 hereof for the purpose of procuring the attendance of any such person who fails or refuses to attend.

149. Any affidavit to be used in the District Court shall be sworn before a Commissioner for Oaths, or, if sworn outside the State, before a person authorised by law in that behalf, and shall, before being used, be lodged with the Clerk of the Court Area in which such Court shall be held.

150. Any defendant may consent to a decree being made against him and may do so by signing a consent, which shall be signed in the presence of a Solicitor or of his apprentice or clerk and shall be proved by the said Solicitor or the said apprentice or clerk either in open Court or by an affidavit verifying the execution thereof made before a Commissioner for Oaths.

151. Should a Civil Process duly served not be entered, the Defendant or his Solicitor may enter the same, for the purpose of applying for a dismiss, on or before the day fixed for the hearing, by lodging with the Clerk the copy served on the Defendant.

152. In every case in which the Plaintiff resides out of the State any Defendant who has entered a defence may apply to the Court on notice that the Plaintiff be ordered to give security for such Defendant's costs. Such notice shall be served on the Plaintiff in any of the modes prescribed by these Rules not less than three clear days before the sitting of the Court to which such Civil Process has been made returnable. Upon such application the Justice may order the Plaintiff to lodge the costs of a dismiss in Court, or may make such other order as he thinks fit, and if security for costs is ordered, the security shall be for such amount and on such condition as the Justice shall direct.

153. Whenever a Defendant intends to defend any Civil Process he or his Solicitor shall give or send to the Clerk a notice in writing (Form II) of his intention to defend, signed by him or his Solicitor, four clear days before the day fixed for the hearing, and shall also, at the same time, give or send to the Plaintiff or his Solicitor a copy of such notice.

154. No Civil Process or notice of defence shall be entered or received by the Clerk after the time specified by these Rules without the order of the Justice, and any late entry shall be made by the Clerk in accordance with such directions as the Justice may give.

155. If it shall appear to a Justice upon the hearing of any Civil Process that any original Civil Process has not been duly stamped or has been previously used as a Civil Process in any other suit, the said Justice shall forthwith dismiss such Civil Process.

156. Every Civil Process and decree or dismiss thereof shall contain the surname, Christian or first name, or name and style in which the debt was contracted, description and last known place of residence or place of business of the parties. It shall be sufficient to describe corporate bodies by the proper and respective titles in which they are entitled to sue or be sued without inserting any description or place of residence or place of business, and where the Attorney General or any Minister of State shall be a party on behalf of the State, it shall not be necessary to set forth his description or residence or place of business.

157. Every dismiss made in Civil Proceedings, unless where otherwise provided, shall be in accordance with Form X, and shall be signed by the Justice and by the party taking out the said dismiss or by his Solicitor or firm of Solicitors, or by some person duly authorised so to sign by such Solicitor or firm of Solicitors.

158. Where upon a case being called a Defendant produces a dismiss without prejudice obtained by him against the Plaintiff for the same cause of action, the Plaintiff shall not be at liberty to proceed with his case until he has paid or satisfied the Defendant the amount of such dismiss.

159.A book shall be kept by every person appointed for the service of Civil Processes, in which shall be entered the names of the Plaintiff and Defendant, the cause of action, the day on which the Civil Process shall have been received for service, and the place where and the name and description of the person on whom or with whom such Civil Process shall be served or left ; and in case any such Civil Process shall not have been duly served or left, the cause of such service not having been effected shall be stated. Every such person, upon receiving an order in writing from a Justice, shall attend before such Justice at the place and date named in such order and produce such book. In case of the death or illness of any such person the book kept by him as aforesaid, verified on oath as to his handwriting by some credible person, shall be prima facie evidence of the truth of the several matters entered therein as aforesaid.

(b) DEFAULT PROCEDURE.

160. In any proceeding for a debt or liquidated money demand the Plaintiff instead of issuing a Civil Process in the ordinary form may, upon lodging with the Clerk an affidavit to the effect set forth in Form XI, issue a process to which shall be annexed a notice (Form XII), and if such last mentioned process and notice be issued they shall be personally served on the Defendant fourteen clear days at least before the sitting of the Court at which the Defendant shall by such process be required to appear, and if the Defendant shall not within seven days after service of such process and notice, excluding the day of service, give or send to the Clerk a notice in writing of his intention to defend, signed by himself or his Solicitor, and within the same period give or send a copy thereof to the Plaintiff or his Solicitor, the Justice may at such sitting upon proof in the manner provided by these Rules of the personal service of such process and notice and upon reading the affidavit lodged as aforesaid make a decree in Form XIII or Form XXa against the Defendant for the amount of the Plaintiff's claim and costs. Service upon a corporation or upon any unincorporated body, society or club may be effected in the manner prescribed in Rule 48 hereof.

161. Where the Defendant has neglected to give such notice of defence within the time limited but shall appear at the Court and prove to the satisfaction of the Justice that he has just grounds of defence in law or on the merits and satisfactorily explains his neglect, the Justice may, upon such terms as he thinks just, adjourn the hearing to a later Court for the Court Area in which he is then sitting or to any other Court within his District. Where the Defendant shall have given notice of defence, or shall have obtained an adjournment as aforesaid, the civil process shall be entered for hearing in the Civil Process book. At the hearing the affidavit lodged on behalf of the plaintiff shall, unless the Justice shall otherwise direct, be receivable as prima facie evidence of the plaintiff's claim, but the Justice may, if he thinks fit, order that the plaintiff or someone on his behalf prove the debt in open court. If a decree shall be made for the full amount of the plaintiff's claim, the plaintiff shall be entitled to the costs of an ordinary default civil process as set out in the appropriate schedule ; if a decree is made for a lesser amount the plaintiff shall be entitled only to the costs of an ordinary civil process as set out in the appropriate schedule ; and in either case the Justice may make such order as to the costs of any adjournment as aforesaid and as to the payment of witnesses' expenses as he thinks fit.

162. In any case in which it shall be shown to the satisfaction of a Justice by the Defendant against whom any default decree may have been obtained that such decree was obtained by fraud, misrepresentation, surprise or mistake, the Defendant may apply for and obtain a rehearing of the case, and upon such rehearing any such decree may be affirmed, varied or rescinded with such costs and expenses of the rehearing as the Justice thinks fit.

163.—(1) Application for a rehearing shall be made by motion on notice to the Justice sitting for the Court Area in which the decree was obtained. Notice of such motion (Form XIV) shall be lodged with the Clerk and shall be served on the Plaintiff or his Solicitor, in case he appeared at the original hearing by a Solicitor, within five clear days after the date upon which the making of such decree shall have come to the knowledge of the Defendant, provided that it shall be presumed, unless he satisfies the Justice to the contrary, that the making of such decree came to the knowledge of the Defendant within three days of the making thereof.

(2) The said notice shall be signed by the Defendant, or by a Solicitor on his behalf, and shall state the particular grounds upon which the rehearing is sought and the nature of the fraud, misrepresentation, surprise or mistake relied on, and the date upon which the motion will be moved, which shall be a day upon which the Justice sits for the hearing of Civil Proceedings in the Court Area in which the decree was pronounced not less than seven days nor more than two months from the date of service of such notice upon the plaintiff or his Solicitor.

164. Service of the notice of motion shall not operate as a stay of proceedings in the action unless the Defendant lodges with the Clerk together with the original of the notice of motion the amount for which the decree was made and costs.

(c) SPECIAL DEFAULT PROCEDURE.

165.—(1) In any proceedings for the recovery of a debt or liquidated money demand, where the Defendant ordinarily resides or carries on any profession, business or occupation within the Metropolitan District, or District No. 29, or within the Limerick City Court Area for the hearing of Civil Proceedings in District No. 19, or within the Waterford Court Area for the hearing of Civil Proceedings in District No. 23, the Plaintiff may proceed by special default Civil Process (Form XV).

(2) Such special default Civil Process, with a notice of admission or defence (Form XVb) annexed hereto, shall be served personally upon the Defendant, and shall require him, within ten days of such personal service upon him of the process and notice, to return such notice to the Clerk as an admission of the Plaintiff's claim or as notice of his intention to contest such claim.

(3) When returning such notice to the Clerk the Defendant or his Solicitor shall transmit a copy of such notice as completed to the Plaintiff or his Solicitor within the said period of ten days.

(4) The original of every special default Civil Process served as aforesaid with the declaration of service endorsed thereon as provided by Rule 49 hereof shall be lodged with the Clerk within five days of the date on which service thereof was effected.

(5) If the Defendant fails to return the notice to the Clerk and to transmit a copy thereof to the Plaintiff or his Solicitor within the time aforesaid the Solicitor for the Plaintiff shall be at liberty to mark judgment by lodging with or sending to the Clerk

(i) an affidavit of debt (Form XVc) made by the Plaintiff or by someone on his behalf verifying the cause of action which affidavit shall be sworn not more than seven days before the date on which it is lodged with the Clerk ; and

(ii) a requisition for judgment (Form XVI) signed by the Plaintiff's Solicitor setting forth the names, addresses and descriptions of the Plaintiff and Defendant and the amount due ; and

(iii) a completed form of decree (Form XVIa) signed by the Plaintiff's Solicitor.

(6) The Justice shall thereupon either sign such decree for the amount of the debt then due and for the appropriate costs as set out in the Schedule of Costs annexed hereto or, in his discretion, direct that such special default Civil Process be entered for hearing, and if the Justice before whom such case shall come so orders it shall be necessary for the Plaintiff therein or someone on his behalf to prove the debt in open Court. In the Metropolitan District the power to order that a special default Civil Process be entered for hearing shall be exercised by the Principal Justice of the appropriate Divison for the time being.

166. Where notice of defence shall be received by the Clerk he shall at least seven days before the date fixed for the hearing send to the Plaintiff's Solicitor and to the Defendant or his Solicitor a notice (Form XVII) setting forth the place and the date fixed for the hearing.

167.—(1) Should the Defendant return the notice to the Clerk admitting the Plaintiff's claim in the proceeding and offering to pay the amount claimed at such time and by such instalments as shall be specified in such notice, the Clerk shall transmit to the Plaintiff's Solicitor a notice (Form XIX) of such admission and offer. Upon the Plaintiff consenting by his Solicitor to the payment of the amount claimed at the time or by the instalments set forth in the Defendant's notice it shall not be necessary for the Plaintiff to prove his claim by affidavit or otherwise, and upon the Plaintiff's Solicitor forwarding to the Clerk a requisition for judgment and a completed form of decree (Form XIXa) providing for the payment of the debt at the agreed time or by the agreed instalments, such decree shall be signed by the Justice for the amount of the debt and the appropriate costs as set out in the Schedule of Costs annexed hereto, Should the Plaintiff be unwilling to accept the mode of payment offered by the Defendant, the case shall be set down for hearing before a Justice for a decision as to the issues in dispute between the parties whereupon the Clerk shall proceed as provided by Rule 166 hereof.

(2) The provisions as to rehearing set out in Rule 162 hereof shall apply to Special Default Civil Processes.

168. The Clerk shall keep a book which shall be known as the "Summary Judgment Book" in which shall be entered particulars of all special default Civil Processes which have been served endorsed and lodged by the Summons Server and of any proceeding in which judgment has been entered in accordance with Rules 165 to 167 hereof. The Summary judgment Book shall be in accordance with Form XVIII.

(d) EJECTMENTS.

169. The Civil Process in ejectment for overholding shall be in accordance with Form XXI and the decree in such cases shall be in accordance with Form XXII.

170. The Civil Process in ejectment of tenants at will, permissive occupants, caretakers and servants shall be in accordance with Form XXIII and the decree in such cases shall be in accordance with Form XXIV.

171. The Civil Process in ejectment for non-payment of rent shall be in accordance with Form XXV and the decree in such cases shall be in accordance with Form XXVI.

172. A book shall be kept by the Clerk to be called the "Ejectment Book" in which he shall enter particulars of all Civil Processes in ejectment made returnable to any particular sitting of the Court, which book every person shall have liberty to inspect and examine, on payment of the prescribed fee.

173.—(1) Every ejectment Civil Process shall be served in the manner prescribed by these Rules on all and every person or persons who shall be in actual possession of the premises specified in and claimed by such process, as tenant or sub-tenant. Service of the Civil Process shall be effected fifteen clear days at least before the sitting of the Court to which such Civil Process shall be made returnable.

(2) Where the immediate tenant of the Plaintiff in any ejectment Civil Process is not himself in actual possession of the premises, the Civil Process shall be served on such immediate tenant as well as on any person upon whom service must be effected under paragraph (1) of this Rule.

(3) If there is not any person in actual possession of such premises, the affixing of a copy of the Civil Process upon the door or some other conspicuous part of the premises so claimed shall be and shall be deemed to be good and sufficient service of such Civil Process, in lieu of any mode of service already prescribed by these Rules. Where the person last in actual possession of such premises was a sub-tenant, the civil process shall also be served on the immediate tenant of the plaintiff, as provided by paragraph (2) of this Rule.

174. Every ejectment Civil Process shall specify the names of the landlord or lessor and tenant or tenants, respectively, the nature of the tenancy, the description of the premises and the places wherein the same shall be respectively situated and the rent at which the same shall be then or shall have been last held, and in cases where the proceedings shall be grounded upon the tenancy having determined, the fact of the determination of such tenancy and the means by which the same shall have been determined, and in cases where the proceedings shall be grounded upon the non-payment of rent the process shall specify the amount of the rent due after all fair and just allowances, up to what gale day the same was due, and the appropriate costs as set forth in the Schedule of Costs annexed hereto payable if the Plaintiff's claim is settled before entry.

(2) Every Civil Process for the ejectment of tenants at will, permissive occupants, caretakers and servants shall also state the fact of demand for possession having been made by or on behalf of the owner of the said premises and the date of such demand and the fact of the refusal or omission to quit and deliver up possession.

175. In ejectments for non-payment of rent the Plaintiff shall be at liberty to prove the nature and conditions of the tenancy and the amount of rent due by affidavit sworn by him or by his agent thereunto authorised and filed by his Solicitor with the Clerk, and upon reading such affidavit and if the defendant shall not give notice of a defence and appear and give evidence the Justice may make a decree without requiring the attendance of the Plaintiff.

176. The Defendant in any ejectment for non-payment of rent, or any person having a specific interest in the contract of tenancy, at any time before the decree shall have been delivered to the County Registrar for execution, may pay to the Plaintiff all rent and arrears of rent due at the time of the service of the Civil Process, and a sum sufficient to cover the Plaintiff's costs, or may tender the same, and in case such tender shall be refused, may deposit the same with the Clerk, who shall give a receipt (Form XXVII) therefor and give notice to the Plaintiff of such lodgment. Thereupon the Justice may order that all further proceedings be stayed upon payment to the Plaintiff of the money so lodged together with such costs up to the date of tender as the Justice may think reasonable. Provided that the decision of the Justice shall be subject to appeal in like manner as if it were a decree or dismiss on foot of a civil process in ejectment for non-payment of rent.

177. Upon giving a decree on foot of any Civil Process in ejectment, the Justice shall be at liberty to grant such stay of execution, and on such conditions, as he may think reasonable, in the circumstances.

178. A Justice upon the hearing of any Civil Process in ejectment where there shall be more than one Defendant, upon his pronouncing a decree, may order that the costs of such ejectment proceedings shall be paid by and recovered from one or more of such Defendants by name and not from the other or others of them, or may apply the provisions of Rule 143 hereof.

179. Whenever a decree for possession for non-payment of rent shall have been executed, a Justice may award a writ of restitution on the application of the Defendant or any other person having a specific interest in the contract of tenancy, and on the payment to the Plaintiff or the lodgment with the Clerk of the Court Area of the amount due for rent, arrears of rent and costs, within six months after the execution of the decree, in the manner provided by sections 70 and 71 of the Landlord and Tenant Law Amendment Act (Ireland), 1860.

(e) INTERPLEADER.

180. A claim to or in respect of any goods or chattels not exceeding £25 in value taken in execution or intended execution by a County Registrar under an execution order shall be in writing (Form XXIX) and shall contain the full name and description of the claimant and an address within the State at which service will be accepted by him or on his behalf.

181. Upon receipt of any such claim, the County Registrar shall forthwith send notice (Form XXX) of such claim to the execution creditor, or, where the execution order is for the recovery of any tax or duty under the care or management of the Revenue Commissioners, to the Solicitor who lodged the execution order.

182. Within two days after receiving the notice aforesaid the execution creditor or his Solicitor shall give notice (Form XXXI) to the County Registrar whether he disputes or admits the title of the claimant to the goods or chattels or requests the County Registrar to withdraw from possession.

183. If within the said period of two days the execution creditor does not admit the title of the claimant or does not request the County Registrar to withdraw from possession, the County Registrar shall forthwith send notice (Form XXXII) to the claimant, requiring him within two days of the service upon him of such notice to deposit with the County Registrar the amount for which the warrant of execution was issued or, if the value of the goods or chattels seized is less than the amount set out in the warrant of execution, the value of such goods or chattels, and giving him notice that in default of his making such deposit an application will be made, after service of an interpleader Civil Process, to the justice for an order for sale.

184. If the claimant deposits with the County Registrar the amount for which the warrant of execution was issued or, in the event of the value of the goods or chattels as determined by the County Registrar, or by a valuer appointed by the County Registrar, being less than that amount, a sum equal to the value as so determined, the County Registrar shall withdraw from the possession of the goods and chattels and the sum deposited shall be disposed of as the justice shall direct.

185.—(1) If the claimant does not make such deposit as aforesaid the Justice may, at any time after the service of an interpleader Civil Process, upon application made by the execution creditor on notice to the claimant and the County Registrar, or by the County Registrar upon notice to the parties, make an order for the sale of all or any of the goods and chattels seized subject to such conditions as to the giving of security by the execution creditor or otherwise as to the Justice may seem fit.

(2) The notice of application to the Justice for an order for the sale of all or any of the goods and chattels seized shall be in Form XXXIII and shall be served two clear days before the day named in such notice for the hearing.

186. A Justice may hear and determine such application out of court and at any place which he may deem suitable. The costs of such application before the Justice shall be provided for by him on the hearing of the interpleader Civil Process.

187. The order for sale by a Justice shall be in accordance with Form XXXIV and shall direct that the proceeds of the sale be lodged with the Clerk to abide the order of the Justice on the hearing of the interpleader Civil Process.

188.—(1) The interpleader Civil Process (Form XXXV) shall be served on the claimant and the execution creditor ten clear days at least before the sitting of the court to which the interpleader Civil Process has been made returnable.

(2) An interpleader Civil Process shall be served in the manner provided by these Rules for the service of Civil Processes provided that where the execution order has been lodged with the County Registrar by a solicitor for the execution creditor or where the claim has been made by a solicitor for the claimant the interpleader Civil Process may be served on the Solicitor for the execution creditor or the claimant, as the case may be.

189. Upon the hearing of the interpleader Civil Process the Justice shall determine the liability of the parties respectively to pay costs and expenses and the amount of the same and by whom and to whom such payments are to be made. The scale of costs set out for tort cases in the Schedule annexed hereto shall be the appropriate scale for proceedings instituted by interpleader Civil Process, and the decree in such proceedings shall be in accordance with Form XXXVI.

APPEALS.

190. Every appeal from the decision of a Justice to a Judge of the Circuit Court shall be by notice (Form A1) signed by the party appealing or his Solicitor. The notice of appeal shall be lodged with the Clerk of the Court Area in which the decision appealed from shall have been given within seven days from the date on which such decision shall have been given and such notice shall also be served on the opposing party within the said period of seven days. The notice of appeal shall be made to the appropriate Circuit Court to be held next after the said period of seven days.

191. Service of such notice shall be effected on the opposing party personally, or by leaving the same at his residence, office or place of business with a person therein, over the age of sixteen years, or on his solicitor. Proof of such service shall be by statutory declaration before any Justice or Commissioner for Oaths or Peace Commissioner, which he is hereby empowered to take. Such statutory declaration shall be lodged with the Clerk within three days from the date of service of the notice of appeal.

192. Save as provided in Rule 193 hereof, a notice of appeal shall be a stay of execution in civil proceedings and in summary proceedings of a civil nature provided a recognizance (Form A2) with one or more sufficient sureties conditioned to pay the sum recoverable and costs, or costs awarded in case no sum recoverable if a defendant appealing, or to pay the costs awarded where the appellant was a plaintiff in the District Court, and in ejectment proceedings, if a defendant appealing, to pay such amount for mesne rates pending the determination of the appeal not exceeding the amount of rent per gale hitherto payable in respect of the premises the subject matter of the proceedings, as may be fixed by the Justice, and to pay the costs of the appeal, be entered into within the said period of seven days before a Justice or a Peace Commissioner, or in case the party appealing shall desire to dispense with the recognizance, by lodgment with the Clerk within the like period of the amount of the said sums respectively as fixed by the Justice.

193. A party desiring to appeal to a Judge of the Circuit Court from an order of a Justice committing him to prison under the Enforcement of Court Orders Acts, 1926 to 1940, shall within a period of seven days from the date on which the order has been made, in addition to lodging and serving the notice of appeal as provided by Rule 190 hereof, enter into a recognizance (Form A 4) with two sufficient sureties in such sum as the Justice may determine conditioned to reside at such place as was his ordinary place of residence at the time of the service of the examination order on him, or at some other place within the county where such ordinary place of residence is situated, pending the determination of such appeal, and to attend in person at the Circuit Court and prosecute such appeal, and to pay such costs of the appeal as may be awarded against him. Such recognizance may be taken by a Justice or a Peace Commissioner. In the event of the debtor failing to enter into such recognizance within the said period of seven days he shall be deemed to have forfeited his right to appeal.

194. A party desiring to appeal to a Judge of the Circuit Court from the decision of a Justice in a criminal case shall within a period of 14 days from the date on which the decision has been given, in addition to lodging and serving the notice of appeal as provided by Rule 190 hereof, enter into a recognizance (Form A 3) with one or more sufficient sureties in such sum as the Justice shall direct conditioned to prosecute the said appeal, and to attend personally at the sitting of the Circuit Court to which such appeal shall be brought or any adjournment or adjournments thereof until such appeal shall have been determined, and to abide and perform the judgment and order of the Circuit Court thereon, and to pay such costs of the appeal as may be awarded against him. The appellant, if in custody, shall be liberated upon the said recognizance being entered into by him.

195. Should the party desiring to appeal be in custody and otherwise unable to comply with the requirements of these Rules, he shall be supplied with such forms as he may require by the Governor of the prison or the Superintendent or Inspector of the Gárda Síochána in whose custody he shall be, and when completed such forms shall be transmitted forthwith by such Governor, Superintendent or Inspector as the case may be, to the Clerk of the Court Area in which the decision appealed from has been given, and the notice of appeal required by Rule 190 hereof to be served on the opposing party shall be served by a member of the Gárda Síochána, who shall make the statutory declaration required by Rule 191 hereof, and such declaration shall be lodged with the Clerk by such Governor, Superintendent or Inspector as the case may be.

196. A party desiring to appeal to a Judge of the Circuit Court from a decision of a Justice on a licensing application shall, within a period of seven days from the date on which the decision has been given, in addition to lodging and serving the notice of appeal as provided by Rule 190 hereof, enter into a recognizance with one or more sufficient sureties in such sum as the Justice may determine conditioned to prosecute the appeal and to pay such costs of the appeal as may be awarded against him ; but the Justice may, if he thinks fit, exempt the appellant from the necessity for entering into such recognizance.

197. In every appeal, except in civil proceedings, the appellant shall, in addtion to lodging and serving notice of appeal and to entering into a recognizance where a recognizance is required, sign a form of appeal (Form A 5) specifying the plate of sitting of the Circuit Court to which the appeal is taken. Such form of appeal, with the certificate thereon duly signed by the Clerk, shall be sent by the Clerk to the County Registrar, together with a certified copy of the conviction or order, the notice of appeal, the statutory declaration of service and the recognizance, if any ; and at the same time the Clerk shall send to the County Registrar, with the said documents, all sums lodged with him in accordance with the provisions of Rule 192 hereof.

198. Upon the form of appeal (A 5) being returned to the Justice with the certificate at the foot thereof stating the decision of the Circuit Court signed by the County Registrar, the Justice, in any case where the Circuit Judge shall not have caused the necessary warrant to enforce his order to be issued, shall forthwith issue the necessary warrant or warrants and take all further steps requisite for the execution of the conviction or order as confirmed or varied by the Circuit Court, and for the enforcement of payment of any costs, compensation or expenses awarded by the Circuit Court. On an appeal in a criminal case having been decided, the Superintendent of the Gárda Síochána shall inform the Clerk of any case in which the Circuit Judge shall not have caused the necessary warrant to be issued.

(A) APPEAL BY WAY OF CASE STATED.

199.—(1) A party desiring to appeal by way of case stated to the High Court from a decision of a Justice shall, within seven days from the date upon which the decision is given, lodge with the Clerk of the Court Area in which such decision has been given a notice (Form A 6) signed by him or his solicitor, and shall also within such seven days enter into a recognizance with sufficient surety or sureties in such sum as the Justice may determine, conditioned to prosecute without delay such case stated, and to submit to the judgment of the High Court and pay such costs as may be awarded by the same. Such recognizance (Form A 7) when completed shall be lodged with the Clerk.

(2) The Appellant, if in custody shall be liberated upon the said recognizance being further conditioned for his appearance before the Justice at the sitting of the District Court for the said Court Area next ensuing after the lapse of fourteen days from the day upon which the decision of the High Court shall have been given, to abide such decision, unless the determination appealed against be reversed.

200. Upon lodgment with the Clerk of the said notice and recognizance the Justice shall prepare the case stated. In preparing the case stated the Justice shall be free, if he deems it fit, to submit a draft of the case to the parties or to receive a draft from the parties with a view to securing agreement between such parties as to the facts, In the event of dispute between the parties as to the facts, such facts shall be settled by the Justice. The Case stated, when prepared, shall be signed by the Justice.

201. Upon the case having been stated the party requesting the case stated, hereinafter called the " appellant ", shall obtain from the Clerk the case stated and shall within fourteen days after receiving such case stated transmit the same to the appropriate officer of the High Court, first giving notice in writing (Form A 8) of such appeal by way of case stated to the other party to the proceedings in which the decision was given, hereinafter called the " respondent ", and sending with the said notice a copy of the case stated.

202. If a Justice be of opinion that the application for a case stated is merely frivolous he may refuse to state a case and shall on the request of the appellant sign and deliver to him a certificate of such refusal (Form A 9). A Justice shall not refuse to state a case where application for that purpose is made to him by or under the direction of a Minister or the Attorney General or the Revenue Commissioners.

(B) CASE STATED PURSUANT TO SECTION 83 of THE COURTS OF JUSTICE ACT, 1924 .

203. When a Justice, whether at the request of any party thereto or without such request, shall refer any question of law arising in any case before him to the High Court for determination, he shall adjourn such case to the sitting of the District Court for the Court Area next ensuing after the lapse of fourteen days from the day upon which the decision of the High Court shall have been given and shall as soon as may be, prepare and sign the case stated. In preparing the case stated the Justice shall be free, if he thinks fit, to submit a draft of the case to the parties or to receive a draft from the parties with a view to securing agreement between such parties as to the facts. In the event of dispute between the parties as to the facts, such facts shall be settled by the Justice.

204. Whenever a Justice shall refer any question of law arising in any case before him to the High Court for determination at the request of a party thereto, such Justice shall before adjourning such case as hereinbefore provided, require such party to enter into a recognizance before him, with or without sureties and in such sum as the Justice may determine conditioned to prosecute without delay the case stated and to submit to the Judgment of the High Court and of the Justice consequent thereon and to pay such costs as may be awarded by the same respectively and such party shall thereupon enter into such Recognizance (in Form A 7). Such recognizance when completed shall be lodged with the Clerk. Provided always that, in Civil Cases or in Cases of Summary Jurisdiction of a Civil Nature, such party may in lieu of entering into such recognizance as aforesaid, lodge with the Clerk the sum determined by the Justice as aforesaid, which said sum shall be retained by the Clerk until the Justice shall finally adjudicate upon the proceedings or shall sooner otherwise Order.

205.—(1) The party requesting any question of law to be referred to the High Court for determination shall as soon as the case stated has been prepared and signed by the Justice, forthwith obtain the same from the Clerk and shall within fourteen days after receiving such case stated transmit it to the appropriate officer of the High Court, first giving to the other party to the proceedings in which the said question of law shall have arisen or to his solicitor notice in writing (Form A 10) of his intention to transmit such case stated to the High Court, and sending with the said notice a copy of the case stated.

(2) When a Justice shall have prepared and signed a case stated referring without request a question of law arising in a case before him to the High Court for determination, the Clerk shall give Notice in writing to each of the parties to the proceedings in which the said question of law shall have arisen or to his solicitor that the said Case stated has been so prepared and signed, that a copy of the same may be had at the office of the said Clerk, and stating when it is intended to transmit the said Case Stated to the appropriate officer of the High Court. The Notice (Form A II) may be sent by prepaid registered post. The Clerk shall, upon application to him, deliver to each such party or to his solicitor a copy of the said Case stated without payment of any fee or charge in respect of such copy and shall when so instructed by the Justice but not before the lapse of fourteen days from the date of the said Notice, transmit the original Case Stated to the appropriate officer of the High Court.

206. Whenever a Justice shall adjourn a case in pursuance of the provisions of Rule 203 he may suffer any person who is in custody in or in connection with such case to go at large or may commit such person to prison by warrant or may discharge him upon his entering into a recognizance with or without sureties, at the discretion of the Justice, conditioned for his appearance at the sitting of the District Court for the Court Area next ensuing after the lapse of fourteen days from the day upon which the decision of the High Court shall be given upon the question of law referred to it for determination in such case and if the party requesting that the said question of law be referred to the High Court for determination be in custody and the Justice in his discretion shall have ordered that he be admitted to bail the recognizance prescribed in Rule 204 may be further so conditioned.

SCHEDULE OF FORMS.

CASES OF SUMMARY JURISDICTION AND PRELIMINARY INVESTIGATION OF INDICTABLE OFFENCES.

General heading to be used for all forms :—

I.—INFORMATION.

The information of

who says on oath (or affirmation)

and the Informant binds himself to attend when and where called on to give evidence against the said Defendant for the said offence, or otherwise to forfeit to the State the sum of £ to be made and levied off his goods, chattels, lands and tenements to the use of the Minister for Finance.

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

Informant.

Sworn (or Affirmed) before me this   day of        19 , at   in the District aforesaid.

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

Justice of the District Court or Peace Commissioner.

(Rule 40.)

IA.—INFORMATION.

DEFAULTING DEFENDANT.

The information of

of

who saith on oath ; On the            a Summons was issued against the Defendant requiring him to appear at on the     day of       19 on the hearing of a complaint that he did

*The Defendant is evading service of the said summons.

*The Defendant is about to abscond (or has absconded).

I therefore pray a warrant for the arrest of the Defendant............................................................ ..........................

............................................................ ..........................of............................................................ .......................................

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

Informant.

Taken before me this     day of      19 , at         in said District.

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

Justice of the District Court.

This    day of        19 .

*Strike out the words which are not applicable.

IB—INFORMATION.

(Rule 53 (3).)

DEFAULTING WITNESS.

(Non-appearance on Summons.)

The information of

of

who says on oath :

* On the day of              19        , a summons was

issued requiring A.B.         (insert witness's name and address) 

of

to attend to give evidence on behalf of the

at       on the         day of

19    , on the hearing of a complaint that the above-named defendant did

The said            (witness's name)

has failed to appear at the said time and place, and no just excuse is offered for such failure. I say that he is evading service of the said summons, and that he is able to give evidence in the case.*

I therefore pray for a warrant for the arrest of the said (witness's name and address)

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

Informant.

Sworn before me this      day of         19   at     in the District aforesaid.

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

Justice of the District Court.

1c.—INFORMATION.

(Rule 53 (4).)

DEFAULTING WITNESS.

(Refusal to attend.)

(In lieu of*...................................................* in the last form insert as follows :—)

A complaint has been made that at

on the     day of      , 19  , the above-named defendant did

and the hearing of the said complaint is to take place at the sitting of the court for the above-named Court Area on the        day of     19  .

A.B.         (insert witness's name and address)           is able to give evidence concerning the matter of the complaint, and will not attend to give evidence without being compelled to do so.

ID.—INFORMATION FOR BREACH OF RECOGNIZANCE

Rule 90

(Probation Act, 1907.)

Complainant.

Defendant.

The information of           of          who upon oath states that of on the    day of        19  , at the   Court at     entered into a recognizance (with of and of as sureties) under the Probation of Offenders Act, 1907, conditioned that the principal party to the said recognizance should appear before the Court at for sentence or for conviction and sentence when called on at any time during the period of      years, and should further (here state one condition that has been broken).

The said          failed to observe the last mentioned condition (and divers other conditions) of his/her recognizance inasmuch as

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

Informant.

Sworn before me this      day of         19 ,

at

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

Justice of the District Court.

2. —RECOGNIZANCE.

Be it remembered that on the        day of         , 19  , A.B. of (address and description), C.D., of (address and description), and E.F. of (address and description), personally came before me and severally acknowledged themselves to owe to the State the several sums following, that is to say : the said A.B. the sum of            pounds, and the said C.D. and E.F. the sum of pounds each, to be made and levied off their several goods and chattels, lands and tenements respectively, to the use of the Minister for Finance, if the said A.B. fail in the condition hereunder.

............................................................ .....Principal Party.

............................................................ .....Surety.

............................................................ .....Surety.

Taken and acknowledged the day and year first above mentioned at in the District aforesaid before me

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

Justice of the District Court, or Peace Commissioner, or officer or member of the Gárda Síochána.

The condition of the above-written recognizance is such that whereas the said A.B. was this day charged before me, the justice (or Peace Commissioner) above-named (or brought before me the above-named officer (or member) of the Gárda Síochána) for that (state nature of offence with time and place); if, therefore, the said A.B. will appear and attend in person at the opening of the District Court to be held at on the day of 19 , or at any earlier date and at any place at which he may be ordered by the Justice to appear, to answer the said charge, and will not depart from the said Court without leave, and will attend in person at any adjourned hearing of the said charge at the said Court or at any other Court to which the hearing shall be adjourned until such charge shall be disposed of by the Justice then the said recognizance to be void, or else to stand in full force and effect.

or

The condition of the above-written recognizance is such that whereas the said A.B. having this day been charged before me the Justice above-mentioned for that (state nature of offence with time and place) has been sent forward for trial by me on the said charge to the Circuit Court (or Central Criminal Court) to be held at    on the   day of   , 19  ; if, therefore, the said A.B. will appear and attend in person at the opening of the Circuit Court (or Central Criminal Court) to be held at        , on the      day of     , 19   , and then and there surrender himself and deliver himself up in the said Court to plead to any Indictment or Indictments that may be preferred against him for the said offence, and take or stand his trial for same ; and if he will not depart from the said Court without leave, and will attend there in person from day to day, during the time the said Court shall be so held, or any adjournment thereof, for the purpose aforesaid, and attend from Circuit Court to Circuit Court, and from Circuit Court to Central Criminal Court (or from Central Criminal Court to Central Criminal Court) to which the trial may be postponed until such charge shall be duly disposed of according to law, then the said recognizance to be void or else to stand in full force and effect

(or use the following wording, if required)

if, therefore, the said A.B. will appear and attend in person at the opening of the District Court to be held at on the     day of    19   , to answer the said charge and will not depart from the said Court without leave, and will attend in person during the time the said Court shall be so held, or at any adjourned sitting thereof for the purpose aforesaid, until such charge shall be disposed of by the Justice, or, if he is sent forward for trial, will appear and attend in person at the opening of the       Court to which he is sent forward for trial, and then and there surrender himself and deliver himself up in the said Court to plead to any Indictment or Indictments that may be preferred against him for the said offence, and take or stand his trial for the same;

(and continue as above).

or

The condition of the above-written recognizance is such that whereas a complaint was made against the said A.B,         (state nature of complaint with time and place)       ; if, therefore, the said A.B. will be of good behaviour and keep the peace towards all citizens and particularly towards     of      for a period of     from this date, then the said recognizance to be void, or else to stand in full force and effect.

2a.—RECOGNIZANCE (PROBATION OF OFFENDERS ACT, 1907).

Be it remembered that on the    day of    , 19   , C.D. of     (description) the above-named Defendant and E.F. of       and G.H.       of     personally came before me, and severally acknowledged themselves to owe to the State the several sums following, namely, the said      as principal the sum of £    and the said      and the said as sureties, the sum of £    each, to be made and levied off their several goods, chattels, lands and tenements respectively to the use of the Minister for Finance, if the principal fail in the condition hereunder.

...........................................................Principal.

......................................................Surety.

.....................................................Surety.

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

Justice of the District Court.

CONDITION.

Whereas a complaint was made that the defendant C.D.     (state nature of charge or complaint with time and place)   and at the court held at     in the said District on the     day of        19   , the Justice found that the charge was proved but was of opinion that having regard to............................ it was expedient to release the defendant on probation, and ordered that he be discharged conditionally on his entering into a recognizance with....................... sureties in the sum of £  each to be of good behaviour and to appear for conviction and sentence when called on at any time during years, and further    (insert special conditions, if any)    ;

The condition of the above recognizance is such that if the above-bounden principal shall be of good behaviour and appear before a Justice of the District Court assigned to District No.      , sitting at   in said area and district, for conviction and sentence when called on at any time during the period of  years next ensuing/ and shall not associate with    /nor frequent     /and shall lead an honest and industrious life/ and abstain from intoxicating liquor/ and reside at   (or such other place or places, as       of       shall from time to time prescribe) and shall (insert any special conditions)      (and furthermore during the said period shall be under the supervision of     of    and for the purpose of securing such supervision shall receive at his/her home or place of residence visits from the said    weekly, or at such other intervals as he/she may determine, and shall, forthwith, report to the said    any change of his/her residence or place of employment) then the said recognizance shall be void, or else to stand in full force and effect.

3.—WARRANT TO ARREST.

Whereas a complaint has been made on oath and in writing that (state nature of charge or complaint with time and place).

This is to command you, to whom this Warrant is addressed, to arrest the said   of     and to bring him without any delay before me or another Justice or Peace Commissioner to be dealt with according to law.

Dated this      day of    , 19  .

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

Justice of the District Court or Peace Commissioner.

To the Superintendent of the Gárda Síochána

at

3a.—WARRANT TO ARREST (DEFAULTING DEFENDANT : NON-APPEARANCE ON SUMMONS).

(Rule 40.)

Whereas a complaint has been made that the said Defendant on the day of , 19 , at in the above-mentioned District No.     did 

And Whereas the Defendant was summoned to appear before a Justice of the District Court sitting at in said District, on the  day of  , 19  , at  o'clock,   m., to answer the said complaint.

And Whereas the Defendant did not appear at the time and place named in the Summons;

And Whereas it was duly proved that the Defendant was served with the Summons (or an information has been made that the Defendant is evading service of the Summons, or that the Defendant is about to abscond, or has absconded).

This is to command you to whom this Warrant is addressed to arrest the Defendant and bring him before me or another Justice, or a Peace Commissioner, to be dealt with according to law.

Dated this    day of    , 19 .

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

Justice of the District Court.

To the Superintendent of the Gárda Síochána

at

3b.—WARRANT TO ARREST DEFENDANT REMANDED ON BAIL AND FAILING TO APPEAR.

(Rule 41.)

Whereas a complaint has been made that the said Defendant on the  day of   , 19  , at in the above-mentioned District did 

And Whereas the Defendant was arrested and admitted to bail by recognizance conditioned that he would appear before a Justice of the District Court sitting at in the said District, on the day of , 19 , at o'clock, m., to answer the said complaint :

And Whereas the Defendant did not appear at the time and place named in the recognizance :

And Whereas the said recognizance has been produced to me sitting at the court before which the Defendant was bound to appear :

This is to command you to whom this warrant is addressed to arrest the defendant of and bring him before me or another Justice or a Peace Commissioner to be dealt with according to law.

Dated this day of , 19 

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

Justice of the District Court.

To the Superintendent of the Gárda Síochána

at

3c.—WARRANT TO ARREST.

DEFAULTING WITNESS. NON-APPEARANCE ON SUMMONS.

(Rule 53 (3).)

Whereas on the       day of     , 19   , a summons was issued requiring A.B. of     (address)     to attend to give evidence at on the day of , 19 , on the hearing of of a complaint that the above-named Defendant did 

And Whereas the said    (witness's name)   has failed to appear at the said time and place and no just excuse is offered for his failure :

And Whereas it has been duly proved that the summons was served upon the said  (witness's name)   in accordance with the provisions of the District Court Rules (or And Whereas an Information has been made that the said    (witness's name)     is evading service of the said summons, and that he is able to give evidence in the case);

This is to command you to whom this warrant is addressed to arrest the said (witness's name and address)    of       and to bring before him me or another Justice or a Peace Commissioner to be dealt with according to law.

Dated this day of     , 19    .

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

Justice of the District Court.

To the Superintendent of the Gárda Síochána

at

3d.—WARRANT TO ARREST.

DEFAULTING WITNESS. REFUSAL TO ATTEND.

(Rule 53 (4).)

Whereas a complaint has been made that the above-named Defendant on the   day of  , 19 , at in the above-named District did      (state cause of complaint with time and place) 

And Whereas the hearing of the said complaint is to take place at the sitting of the court for the above-named Court Area on the     day of    , 19  .

And Whereas I am satisfied by Information made on the    day of   , 19 , that A.B. (witness's name and address)  of     is able to give evidence concerning the matter of the complaint and that it is probable that he will not attend to give evidence without being compelled to do so;

This is to command you to whom this warrant is addressed to arrest the said (witness's name and address)     of     and to bring him before me or another Justice or a Peace Commissioner to be dealt with according to law.

Dated this     day of    , 19 .

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

Justice of the District Court.

To the Superintendent of the Gárda Síochána,

at

3e.—WARRANT TO ARREST FOR BREACH OF RECOGNIZANCE

(Probation Act, 1907) Rule 90

Whereas an information in writing has been sworn on the   day of  19 , by of    , that the said Defendant of   having entered into a recognizance dated the   day of 19 , under the Probation of Offenders Act, 1907, by which he/she was bound to appear before a Justice of the District Court assigned to District No.   sitting at    for conviction and sentence when called on at any time during the period of years from said date and further to (state condition broken)   did fail to observe the last-named condition (and divers other conditions) of his/her said recognizance.

This is to command you to whom this Warrant is addressed to arrest the Defendant and bring him/her before me or some other Justice or Peace Commissioner to be dealt with according to law.

Dated this      day of    , 19   .

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

Justice of the District Court.

To the Superintendent of the Gárda Síochána at

4. —ORDINARY SUMMONS.

Whereas a complaint has been made to me that (state cause of complaint with time and place).

This is to command you to appear as Defendant on the hearing of the said complaint at the District Court at in the said Court Area and District on the day of , 19 , at o'clock, m., to answer the said Complaint.

Dated this       day of       , 19 .

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

Justice of the District Court, Peace Commissioner or District Court Clerk.

To

the above-named Defendant

of

4a.—SUMMONS FOR BREACH OF RECOGNIZANCE

(Probation act, 1907.) Rule 90

Whereas an information in writing has been sworn by

      of           that you on the    day of   19 , were bound by a recognizance entered into by you under the Probation of Offenders Act, 1907, to appear before a Justice of the District Court assigned to District No. sitting at for conviction and sentence, when called on at any time during the period of years, and were further bound by the said recognizance (state condition broken) and that you failed to observe the last named condition (and divers other conditions) of your said recognizance.

You are hereby commanded to appear before a Justice of the District Court sitting at on the day of 19 , at o'clock m., to answer to the complaint in said information,

Dated this day of        , 19 .

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

Justice of the District Court.

To

5. —COMMITAL WARRANT. (REMAND OR ADJOURNMENT TO DISTRICT COURT.)

Whereas the Defendant has been this day brought before me charged that at     in District No.

on the   day of      19 he did unlawfully

And Whereas the hearing of the said charge has been adjourned to

(or, if the remand is by a Peace Commissioner.)

And Whereas the said charge is to be heard at     the Courthouse at    on the day of 19  at  m.

This is to command you to whom this Warrant is addressed to lodge the said   of    in the Prison at        , there to be imprisoned by the Governor of said Prison until the above time of adjournment or hearing when he shall have him at the above place, to be further dealt with according to law.

And for this the present Warrant shall be a sufficient authority to all whom may concern.

Dated this     day of      19 .

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

Justice of the District Country or Peace Commissioner.

To the Superintendent of the Gárda Síochána at 

CERTIFICATE OF CONSENT TO BAIL.

I hereby Certify that I consent to the above-named

     being bailed by recognizance, himself in the sum of £ , and two sufficient sureties in the sum of £ each, or one sufficient surety in the sum of £.

Dated this    day of     19 .

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

Justice of the District Court or Peace Commissioner.

To

5a.—COMMITMENT ON FURTHER REMAND OF PERSON IN CUSTODY WHO IS UNABLE TO APPEAR THROUGH ILLNESS (OR ACCIDENT).

(Rule 60 (II)).

Whereas         hereinafter called the Defendant was on the   day of   19 , by warrant committed to       Prison by the District Court sitting at (or by Peace Commissioner) on remand until this day, the Defendant being accused of the offence set forth in such warrant.

And the Court is now satisfied that by reason of illness (or accident) the Defendant is unable to appear personally before the Court.

The Governor of the said prison is therefore hereby commanded to keep the Defendant until the day of 19 (unless he shall be bailed in the meantime) and on that day to convey him before the Court sitting at in the District Court Area of in the said District, at the hour of m., to be further dealt with according to law.

Dated this     day of      19 .

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

Justice of the District Court.

To the Superintendent of the Gárda Síochána

at

5b.—COMMITTAL WARRANT. (RETURN FOR TRIAL.)

Whereas the Defendant has been this day brought before me, charged that at in District No. on the day of 19 . he did unlawfully

And Whereas the Defendant has been sent forward for trial on the said charge to the sitting of the Circuit Court (or Central Criminal Court), to be held at on the day of 19, 

This is to command you to whom this Warrant is addressed to lodge the said of in the Prison at , there to be imprisoned by the Governor of the said Prison until his/her trial for said offence, and he/she shall be discharged by due course of law.

Dated this   day of         19 .

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

Justice of the District Court.

To the Superintendent of the Gárda Síochána

at

Certificate of Consent to Bail.

I hereby certify that I consent to the above-named being bailed by recognizance, himself in the sum of £ and two sufficient sureties in the sum of £ each, or one sufficient surety in the sum of £ 

Dated this      day of      19 .

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

Justice of the District Court.

6. —WITNESS SUMMONS.

(Rule 53.)

It has been represented to me that you can give evidence on behalf of the in the above case, in which a complaint has been made that the defendant did

you are therefore hereby required to attend as a Witness on the hearing of the said complaint at the District Court, to be held at.................. on the day of ,19 at o'clock, m., and on any day to which the hearing of the said complaint shall be adjourned.

And you are to bring with you the following documents (or things) :—

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

Justice of the District Court, Peace Commissioner, or District Court Clerk.

This     day of     19 . 

To

of

Note :—If you do not obey this Summons, there is power to issue a warrant for your arrest.

7. —STATUTORY DECLARATION AS TO SERVICE.

I           of          , do solemnly and sincerely declare that I duly served this summons on the day of 19 , by handing a true copy thereof to (give particulars of service) and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declaration Act, 1938.

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

Declared before me by who is personally known to me (or who is identified to me by who is personally known to me), at in the County of on this day of 19 .

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

Justice of the District Court or Peace Commissioner.

7a.—STATUTORY DECLARATION AS TO SERVICE BY POST.

I                of do solemnly and sincerely declare that at on the day of 19 at (time) I posted of which letter contained a copy of this summons, and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declaration Act, 1938.

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

Declared before me by

who is personally known to me (or who is identified to me by

who is personally known to me), at

in the County of      on this     day of        19 .

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

Justice of the District Court or Peace Commissioner.

8. —DEPOSITION.

(Rule 55.)

The Deposition of            of

taken before me in the presence and hearing of the above-named Defendant, who stands charged (state nature of offence and time and place).

The said Deponent says on oath (or affirmation) :

And the said Deponent binds himself to attend at

on the       day of         19 ,to give evidence against the said defendant for the said offence or otherwise to forfeit to the State the sum of £ , to be made and levied off his goods, chattels, lands and tenements to the use of the Minister for Finance.

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

Deponent.

Taken before me this      day of      19 , at in   the District above-mentioned

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

Justice of the District Court or Peace Commissioner.

9. —STATEMENT OF ACCUSED.

(Rule 55)

A Complaint having been made before me that the Defendant

and the charge having been read to the Defendant, and the witnesses for the prosecution having been severally examined in his presence, and the defendant having been cautioned as follows : "You are not obliged to say anything unless you wish to do so, but anything that you do say will be taken down in writing and may be given in evidence upon your trial" :

the defendant saith as follows :

Taken before me this      day of         19 , at

              in the said District.

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

Justice of the District Court.

10—BODY WARRANT

(Rule 55 (4), 60 (5))

Send to    , in custody, the body of      committed on the day of    19 for the purpose of being admitted to bail (or for further hearing of the charge against him).

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

Justice of the District Court.

Dated this    day of        19 .

To the Governor of the Prison at

11.—COMMITTAL WARRANT.

PRISONER REMANDED TO APPEAR BEFORE JUSTICE OF ANOTHER DISTRICT

(Rule 58.)

Whereas a complaint has been made that (state cause of complaint with time and place)

And whereas I have taken the deposition of     and of     concerning the said complaint.

And whereas it appears that further evidence will be available in District No.

And whereas I have ordered that the Defendant shall be brought before the Justice of the said District No.     at the Courthouse at    on the  day of   19 at   m.

This is to command you to whom this warrant is addressed to lodge the said of in the Prison at there to be imprisoned by the Governor of the said Prison until the above time of hearing when he shall have him at the above place, to be further dealt with according to law.

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

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

Justice of the District Court.

To the Superintendent of the Gárda Síochána at

11a.—TRANSMIT WARRANT.

(Rule 58.)

Whereas a complaint has been made that (state cause of complaint with time and place)

And whereas I have taken the deposition of and of concerning the said complaint.

And whereas it appears that further evidence will be available in District No.

This is to command you to whom this Warrant is addressed to take the said Defendant and bring him before the Justice assigned to the said District No. at the court to be held at in the said District on the day of 19 , to be dealt with according to law.

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

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

Justice of the District Court.

To

of the Gárda Síochána stationed at

12—CERTIFICATE OF CONSENT TO BAIL, ENDORSED ON COMMITTAL WARRANT.

I hereby certify that I consent to the above-named being bailed by recognizance, himself in the sum of £ and two sufficient sureties in the sum of £ each, or one sufficient surety in the sum of £ . Dated this day of , 19 .

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

Justice of the District Court or Peace Commissioner.

12A.—CERTIFICATE OF CONSENT TO BAIL.

(Rule 60 (5). (6).)

(SEPARATE DOCUMENT.)

Whereas        of

was on the      day of      19 , committed by me to the Prison at  , charged

I hereby certify that I consent to the said

being bailed by Recognizance, himself in the sum of £  , and two sufficient sureties in the sum of £ each, or one sufficient surety in the sum of £  .

Dated this      day of          , 19 .

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

Justice of the District Court.

13. —WARRANT TO DISCHARGE FROM PRISON.

Whereas a complaint was made that (state cause of complaint with time and place).

And whereas the said (insert name of prisoner)

of            was committed pending the hearing of the said complaint, and the said complaint has now been determined.

This is to command you to discharge the said person so committed, unless he shall be in your custody for some other cause.

Dated this day of        19 .

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

Justice of the District Court.

 To the Governor of the Prison at

13A.—DIRECTION TO DISCHARGE FROM PRISON.

(Rule 60 (9).)

(To be endorsed on the Warrant by virtue of which the Defendant is held in custody).

The Defendant named in the within Warrant having duly entered into a recognizance to appear before the Court named in the Warrant this is to direct you to discharge him unless he be in your custody for some other cause.

This      day of       19 .

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

Justice of the District Court or Peace Commissioner.

14.—CERTIFICATE BY SUPERINTENDENT OF NO PERSON OR GOODS IN HIS DISTRICT.

(Rule 74 (2).)

(To be endorsed on back of Warrant.)

I hereby certify that I have reason to believe that the person against whom the within Warrant was issued is to be found (or has goods) at in District No.

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

Superintendent (or Inspector) of the Gárda Síochána.

Dated this       day of    19 .

To the Superintendent of the Gárda Síochána at 

15. —CERTIFICATE THAT THE PERSON OR GOODS MAY BE FOUND IN ANOTHER STATE.

(Rule 74 (3).)

I hereby Certify that I have reason to believe that the person against whom the within Warrant was issued is to be found (or has goods) at

in (insert name of State, such as England)            and that I believe the signature to the within Warrant to be genuine.

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

Superintendent (or Inspector) of the Gárda Síochána.

Dated this     day of          , 19 .

To the Commissioner

 of the Gárda Síochána.

(Rule 74 (3).)

16. —BACKING FOR EXECUTION BY COMMISSIONER OF THE GÁRDA SÍOCHÁNA.

It being certified to me as above, I hereby endorse the within Warrant for execution at   in the County of in (insert name of State such as England).

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

Commissioner, Deputy Commissioner, or (in their absence) Assistant Commissioner of the Gárda Síochána.

Dated this     day of        , 19 .

To

17.—RECEIPT FOR PRISONER.

(Rule 76).

Prison at

I hereby certify that I have received from (state name and rank of the member of the Gárda Síochána and where he is stationed), the body of together with a Warrant under the hand of Justice of the District Court (or Peace Commissioner), dated the day of  , 19 , and that the said prisoner was (state condition of prisoner) at the time he was so delivered into my custody.

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

Governor of the Prison at

Dated this   day of          , 19 .

18A.—WARRANT OF EXECUTION.

(Rule 68 (1)).

COMMITMENT AS PUNISHMENT.

WHEREAS, upon the hearing of a Complaint at the District Court held at    in the Court Area and District aforesaid that on the     day of       , 19 , at       in Court Area and District aforesaid the said Defendant did unlawfully

             an Order was made on the    day of 19 , by a Justice for the time being assigned to said District, against the said Defendant of in the County of to the following effect, viz. :—Defendant convicted and ordered to be Imprisoned for the period of

This is to command you to whom this Warrant is addressed to execute the said Order against the said Defendant as follows :—

To lodge Defendant in the Prison at

to be imprisoned there for the period of

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

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

Justice of the District Court.

This     day of

To

The Superintendent

 of the Gárda Síochána

   at

18B.—WARRANT OF EXECUTION.

(Rule 68 (1).)

COMMITMENT AS PUNISHMENT. (MINOR OFFENCES).

WHEREAS, upon the hearing of a Complaint at the District Court held at     in the Court Area and District aforesaid, that on the       day of      , 19 , at     in Court Area and District aforesaid the said Defendant did unlawfully

       and the Court being of opinion that the facts proved against the Defendant constitute a minor offence fit to be tried Summarily and Defendant not objecting to be so tried on enquiry having been made of him by the Court,

an Order was made on the     day of            , 19 , by a Justice for the time being assigned to said District, against the said Defendant of    in the County of to the following effect, viz. :—Defendant convicted and ordered to be Imprisoned for the period of

This is to command you to whom this Warrant is addressed to execute the said Order against the said Defendant as follows :—

To lodge Defendant in the Prison at

to be imprisoned there for the period of

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

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

Justice of the District Court.

This    day of

To

The Superintendent

 of the Gárda Síochána

at

18c.—WARRANT OF EXECUTION.

(Rule 68 (2).)

TO COMMIT IN DEFAULT OF PAYMENT OF PENALTY.

WHEREAS, upon the hearing at the said District Court of a complaint that on the   day of   , 19 , at          in the Court Area and District aforesaid the said Defendant did unlawfully an Order was made on the    day of          , 19 , by a Justice for the time being assigned to said District against the said Defendant

of            in the County of        to the following effect, viz.:—Defendant convicted of said offence and ordered to pay for Fine the sum of

for Compensation the Sum of

and for Costs the Sum of

making together the sum of

to be paid within   clear days, and in default of payment to be imprisoned for the period of   unless said last-mentioned sum be sooner paid.

And whereas the 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 Defendant as follows :—To lodge Defendant in the Prison at

      to be imprisoned there for the period of     without hard labour, unless said last-mentioned sum be sooner paid.

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

The sum levied to be paid to the Clerk of the District Court Area aforesaid.

Warrant to be returned in three months if not executed.

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

Justice of the District Court.

This      day of          , 19 .

To the Superintendent of the Gárda Síochána

at

18D.—WARRANT OF EXECUTION.

(Rule 68 (2).)

(SUMMARY JURISDICTION).

To Commit in Default of Payment of Penalty (Time not allowed).

WHEREAS, upon the Hearing of a Complaint that on the    day of      , 19 , at in the Court Area and District aforesaid the said Defendant did unlawfully

an Order was made on the    day of          , 19 by a justice for the time being assigned to said District against the said       of      to the following effect, viz.:—Defendant convicted of said offence and ordered to pay for fine the sum of £ s. d., and for Costs the sum of £ s. d., and that in default of payment the Defendant be imprisoned for the period of without hard labour unless said sums be sooner paid.

And whereas it was ordered that the Defendant should be committed forthwith for the reason that

The Defendant failed to satisfy the Court that he had a fixed abode within its jurisdiction. (Of state any other reason as in Section 1 of the Criminal Justice (Administration) Act, 1914.)

And whereas the 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 Defendant as follows :—

To lodge the Defendant in the Prison at          to be imprisoned there for the period of           without hard labour unless said sums be sooner paid.

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

The sum levied to be paid to the Clerk of the District Court Area aforesaid.

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

Justice of the District Court.

This     day of        , 19 .

To the Superintendent of the Gárda Síochána

at

18E.—WARRANT OF EXECUTION.

NON-PERFORMANCE OF CONDITION.

Committal in Default of Bail.

WHEREAS, a complaint having been made that on the  day of 19 , at       in the Court Area and District aforesaid the said Defendant did unlawfully and a summons having been duly served upon the said Defendant to appear at the District Court to answer the said complaint, an Order was made on the day of 19 , by a Justice for the time being assigned to the said District against the said Defendant of in the County of to the following effect, viz. : to enter into recognizance self in the sum of with Solvent Sureties in the sum of each to keep the peace, and be of good behaviour towards all citizens, and particularly towards for the space of Months now next ensuing, and in default of finding such Sureties and entering into recognizance as aforesaid to be imprisoned in the Gaol at for the period of unless he shall sooner enter into said recognizance.

And Whereas the Defendant has failed to enter into such recognizance with such Sureties as aforesaid. and the 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 person as follows : To lodge   in the Prison at to be imprisoned there for the period of unless shall in the meantime enter into such recognizance as aforesaid. And for this the present Warrant shall be sufficient authority to all whom it may concern.

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

Justice of the District Court.

This     day of     19 ,

To

the Superintendent of the Gárda Síochána at

and his Assistants.

(Rule 68 (2).

18F.—WARRANT OF EXECUTION.

IMPRISONMENT UPON FAILURE OF DEFENDANT TO CARRY OUT CONDITIONS OF SUSPENSION OF SENTENCE.

Whereas upon the hearing of a complaint at the District Court held at in the Court Area and District aforesaid that on the day of 19 , at in the Court Area and District aforesaid the said Defendant did unlawfully

*and the Court being of opinion that the facts proved against the Defendant constitute a minor offence fit to be tried summarily and the Defendant not objecting to be so tried on enquiry having been made of him by the Court.*

(*Strike out these words if not required.)

An Order was made on the   day of           , 19 , by a Justice for the time being assigned to the said District against the said Defendant       of      in the county of       to the following effect, viz. : Defendant convicted and ordered to be imprisoned for the period of  . Sentence suspended, and ordered that if the Defendant is of good behaviour for the period of    months, and if the Defendant further    the warrant shall not be issued.

And whereas the period of six months from the date of the making of the said Order will not expire until the      day of     , 19 .

And whereas I am satisfied of the failure of the Defendant to carry out the terms upon which the said sentence was suspended, and do hereby direct that this Warrant do issue.

This is to command you to whom this Warrant is addressed to execute the said Order against the said Defendant as follows :

To lodge the Defendant in the Prison at    to be imprisoned there for the period of 

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

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

Justice of the District Court.

This        day of       , 19 .

To the Superintendent of the Gárda Síochána

at

18G.—WARRANT OF EXECUTION.

(Rule 68 (4).).

To distrain in default of payment of Fine.

(If the sum to be levied is not a fine, the warrant is to be altered accordingly.)

WHEREAS upon the hearing at the said District Court of a complaint that on the day of 19 , at in the Court Area and District aforesaid the said defendant did unlawfully an Order was made on the day of 19 , by a justice for the time being assigned to said District against the said Defendant of in the County of to the following effect, viz : Defendant convicted of said offence and ordered to pay for Fine the sum of for Compensation the sum of   and for Costs the sum of making together the sum of to be paid within clear days.

And Whereas the 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 Defendant as follows : To levy the said last mentioned sum by distress and sale of the goods and chattels of the said Defendant, or by taking Defendant's money, or by such distress and such taking of money if necessary.

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

The sum levied to be paid to the Clerk of the District Court Area aforesaid.

This Warrant to be returned in three months if not executed.

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

Justice of the District Court.

This    day of      , 19 .

To the Superintendent

of the Gárda Síochána at 

18H.—WARRANT OF EXECUTION.

(Rule 68 (6)).

FOR DELIVERY OF POSSESSION OF PREMISES.

(Not to be printed, but for use as a precedent.)

WHEREAS a complaint has been made that the Defendant failed or refused to quit and deliver up to the complainant (on determination of the tenancy, or on demand made by the Complainant) the possession of All That and Those situated at in the said Court Area and District (or that the rent of a cottier tenement was in arrear for forty days) (insert here the particulars of the Defendant's tenancy or possession of the premises, for example, which he holds from the Complainant, the landlord thereof, as a monthly (or weekly) tenant at a rent of by the month (or week), in a town or village where a fair or market is usually held, or into possession of which he has been put by permission of the owner as caretaker ; insert also particulars of the means by which the Defendant's tenancy or possession of the premises was ended, for example, the due determination of the tenancy by legal notice to quit, or demand made by the owner or his agent) :

AND WHEREAS proof of the said (holding, or permissive possession), and of its end or determination, and of the time and manner thereof, has been duly made, and the defendant still neglects or refuses to deliver up the possession of the said premises, and has failed to show to the satisfaction of the Justice reasonable cause why possession should not be given :

AN ORDER was made on the day of 19 , by the Justice assigned to the said District against the Defendant  of to deliver up possession of the said premises within the period of  :

AND WHEREAS the said Order has not been complied with : This is to require and authorize you to whom this Warrant is addressed to execute the said Order against the Defendant as follows :—To enter upon and give possession of the said premises to the Complainant or his agent in not less than seven or more than clear days from the date of this Warrant, to wit, on any day between the day of  , 19 , and the day of  , 19 . And for this the present Warrant shall be a sufficient authority to all whom it may concern.

Dated this    day of        , 19 .

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

Justice of the District Court.

To

of

and his Assistants.

(Rule 68 (5))

18J.—NOTICE OF APPLICATION FOR ISSUE OF WARRANT.

Cases of Summary Jurisdiction of a Civil Nature.

TAKE NOTICE that at a sitting of the District Court to be held at in the Court Area and District aforesaid on the day of 19 , at o'clock  .m., an application will be made to the justice to issue a warrant to execute the order made against you at the Court for the above Court Area on the day of 19 , on the hearing of a complaint that

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

Applicant, or Solicitor for Applicant.

This       day of        19 .

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

of  .

(Rule 78.)

19.—CERTIFICATE AS TO NON-EXECUTION OF WARRANT.

I certify that after diligent search and for the following reasons, namely the person (or sufficient goods of the person) against whom the within Warrant was issued cannot be found.

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

To whom this Warrant was addressed (or endorsed).

Dated this   day of         , 19 .

20.—COPY OF CONVICTION OR ORDER.

On the day of 19 at in the said District, before me, the Justice for the time being assigned to the said District, a complaint was heard that of did, on the day of 19 at (State cause of complaint)

AND I did adjudge that (set out order)

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

Justice of the District Court.

This     day of        19 

I certify that the above is a true copy of the Original, which is in my custody.

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

District Court Clerk for the said Court Area.

This   day of           19 

(Rule 82.)

FORM 21.—CERTIFICATE OF BREACH OF RECOGNIZANCE.

I certify that the said A.B. has not performed the following condition of this recognizance, viz. :—

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

Justice of the District Court.

This     day of       19 .

22. —SUMMONS TO ESTREAT

(Rule 82 (b).)

WHEREAS it is intended to make an application to estreat the recognizance entered into on the day of 19 , at the District Court (or before a Peace Commissioner) at by you, the undernamed defendants, conditioned that of the principal party to the said recognizance should¹

It having been certified on the said recognizance by a justice assigned to District No.  , that a condition thereof has not been performed.

This is therefore to require you the undernamed defendants to appear at the District Court to be held at on the day of 19 , to show cause why the said recognizance should not be estreated.

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

Justice of the District Court, Peace Commissioner or Clerk of the District Court.

This       day of     19 .

To

of            the Principal Party, and 

To

of

and

of

the Sureties to the said recognizance

Note : An application to vary or cancel the certificate above referred to may be made within the time and in the manner provided by the District Court Rules.

23.—SUMMONS TO VARY CERTIFICATE ON RECOGNIZANCE.

(Rule 82 (c).)

This Summons is to require you to attend at the District Court to be held at      on the day of    19 , upon the hearing of an application by the above named complainant to the Justice sitting at the said Court to vary or cancel the certificate endorsed on the recognizance entered into at on the        day of          19 , by

of             as Principal

and           of

and           of

as Sureties.

Dated this     day of      19 

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

Justice of the District Court.

To Superintendent of the Gárda Síochána at

FORM 24.—ORDER TO ESTREAT.

(Rule 82.)

I order that the sum of             be levied off the goods of the said A.B. and the sum of           off the goods of each of the said sureties, C.D. and E.F.

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

Justice of the District Court.

This     day of         , 19 .

25.—NOTICE OF ADJOURNMENT OF COURT.

District Court Area of

District No.

All and every person or persons concerned are hereby required to take notice that, in consequence of the justice of the District Court assigned to this District not having been in attendance at the District Court appointed to be held here on this day within the time prescribed and limited by the Rules of the District Court, I, under and by virtue of the power and authority vested in me by the said Rules, as Clerk for the above-mentioned Court area, do hereby adjourn the holding of the District Court and the hearing of all proceedings thereat to the next Court-day appointed for the holding of a District Court for said Court area, and all and every person or persons summoned, processed, or bound by recognizance to attend at the District Court appointed to be held here on this day, are hereby bound and required to attend at o'clock,  m., at the District Court to be held here on the next Court-day, namely, on the day of  , 19 , without any further notice, summons, or process whatever than that with which they have been already served.

Dated this          day of            , 19 .

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

Clerk of the District Court.

26—CERTIFICATE OF TRANSFER OF A LICENCE.

(Rule 104.)

District Court Area of

District No.

I,            Clerk of the District Court for the Court Area aforesaid do hereby certify that           , of          in the County of     , is entitled to receive a licence for (describe nature of licence) in respect of the premises situate at (describe premises and situation thereof specifying townland, or if in a town the street and the number of the premises and County).

Dated this       day of        19 .

Signed,............................................................ ...........................................

Clerk of the District Court for the Court Area aforesaid.

(Rule 105.

27. —CERTIFICATE OF REFUSAL.

District Court Area of

District No.

Application of        , of                for 

(set out the nature of the application)

This is to certify that on the   day of         , 19 , an application was made to me by         , of       , for (set out nature of application) in respect of premises situate at within the District and Court Area aforesaid, and that such application was refused by me on the following ground :—

Dated this     day of       , 19 .

Signed,............................................................ ....

Justice of the District Court.

28.—REGISTER OF LICENCES.           (Rule 106.)

District No.                      District Court Area of

(Rule 107.)

29.—NOTICE DESCRIBING LICENSED PREMISES.

District Court Area of

District No.

Name of Licensee............................................................ ............................................................ ....................................

(Full Christian names and Surname should be given).

Address............................................................ ............................................................ .....................................................