S.I. No. 8/1962:

DISTRICT COURT RULES (No. 2), 1962

DISTRICT COURT RULES (No. 2), 1962

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , and section 48 of the Courts (Supplemental Provisions) Act, 1961 , and with the concurrence of the Minister for Justice, do hereby make the following Rules :--

1.--(1) These Rules (of which the Schedule hereto forms part) shall come into operation on the 1st day of March, 1962 and may be cited as the District Court Rules (No. 2), 1962.

(2) The following Rules are hereby revoked :--

The Illegitimate Children (Affiliation Orders) Act, 1930 , Rules, 1931 ;

The District Court Rules, 1942 ( S. R. & O. No. 299 of 1942 ) ;

The District Court Rules (Amending Rule) 1943 ( S. R. & O. No. 39 of 1943 ).

(3) 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 1st day of March, 1962.

DEFINITIONS AND CONSTRUCTION

2.--(1) In these Rules the expression " Court " means a Justice of the District Court sitting for the transaction of proceedings to which these Rules relate. " The Affiliation Orders Act " means the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930). The expression " The Principal Act " means the Enforcement of Court Orders Act, 1926 (No. 18 of 1926). The expression " the Amending Act " means the Enforcement of Court Orders Act, 1940 (No. 23 of 1940). The expression " the Act of 1886 " means the Married Women (Maintenance in Case of Desertion) Act, 1886.

(2) These Rules shall be read as one with the District Court Rules, 1948 ( S. R. & O. No. 431 of 1947 ) and any rules amending the same and accordingly, every expression and word to which a particular meaning is given by the District Court Rules, 1948 (or any rule amending the same) for the purposes of such Rules shall, in and for the purpose of these Rules, unless the contrary intention appears, have the meaning so given.

PART I PROCEEDINGS UNDER THE AFFILIATION ORDERS ACT

3.--(1) The information referred to in section 2 of the Affiliation Orders Act when sworn shall be lodged with the Clerk who shall submit same to the Justice if not sworn before the Justice. The Justice may require such further particulars as he considers necessary to be included in a supplemental information. Such information and supplemental information (if any) shall be lodged with the Clerk for the District Court Area in which the mother resides.

(2) Where such information is sworn by the mother before the birth of the illegitimate child to whom it relates it shall be in accordance with Form 1 in the Schedule hereto or such modification thereof as may be suitable.

(3) Where such information is sworn by the mother of an illegitimate child after the birth of such child (whether born alive or still-born) it shall be in accordance with Form 2 in the Schedule hereto or such modification thereof as may be suitable.

4.--(1) A summons issued under section 2 of the Affiliation Orders Act on the application of the mother shall be in accordance with Form 3 or Form 4 in the Schedule hereto or such modification thereof as may be suitable.

(2) A summons issued under section 2 of the Affiliation Orders Act on the application of a Local Body administering the relief of the poor (hereinafter referred to as " a Local Body ") shall be in accordance with Form 5 or Form 6 in the Schedule hereto or such modification thereof as may be suitable.

(3) (a) A summons to which paragraph (1) hereof relates when issued before the birth of the illegitimate child to whom it relates shall be in accordance with Form 3 in the Schedule hereto or such modification thereof as may be suitable.

(b) A summons to which paragraph (1) hereof relates when issued after the birth of the illegitimate child to whom it relates, whether the child is born alive or still-born, shall be in accordance with Form 4 in the Schedule hereto or such modification thereof as may be suitable.

(4) (a) A summons to which paragraph (2) hereof relates when issued before the birth of the illegitimate child to whom it relates shall be in accordance with Form 5 in the Schedule hereto or such modification thereof as may be suitable.

(b) A summons to which paragraph (2) hereof relates when issued after the birth of the child to whom it relates, whether the child is born alive or still-born, shall be in accordance with Form 6 in the Schedule hereto or such modification thereof as may be suitable.

5.--An application for an order under subsection (3) of section 4 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 7 in the Schedule hereto or such modification thereof as may be suitable.

6.--(1) An application under paragraph (a) of subsection (1) of section 5 of the Affiliation Orders Act to vary the amount of the weekly sum payable under an Affiliation Order shall be by summons which shall be in accordance with Form 8 in the Schedule hereto or such modification thereof as may be suitable.

(2) An application under paragraph (b) of subsection (1) of section 5 of the Affiliation Orders Act to change the person to whom the weekly sum payable under an Affiliation Order is payable shall be by summons which shall be in accordance with Form 9 in the Schedule hereto or such modification thereof as may be suitable.

(3) An application under paragraph (c) of subsection (1) of section 5 of the Affiliation Orders Act to vary all or any of the conditions relating to the payment and receipt of a weekly sum payable under an Affiliation Order shall be by summons which shall be in accordance with Form 10 in the Schedule hereto or such modification thereof as may be suitable.

7. An application under subsection (2) of section 5 of the Affiliation Orders Act that payment of a weekly sum payable under an Affiliation Order shall cease shall be by summons which shall be in accordance with Form 11 in the Schedule hereto or such modification thereof as may be suitable.

8. An application for an Order under section 6 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 12 in the Schedule hereto or such modification thereof as may be suitable.

9. An application for an Order under section 7 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 13 in the Schedule hereto or such modification thereof as may be suitable.

10. An application for an Order under section 8 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 14 in the Schedule hereto or such modification thereof as may be suitable.

11.--(1) An application for an Order under subsection (1) of section 10 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 15 or 15A in the Schedule hereto or such modification thereof as may be suitable.

(2) An application for an Order under subsection (2) of section 10 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 16 or 16A in the Schedule hereto or such modification thereof as may be suitable.

(3) The information required by subsection (5) of section 10 of the Affiliation Orders Act shall be in accordance with Form 17 in the Schedule hereto or such modification thereof as may be suitable. Such information shall be lodged with the Clerk for the District Court Area in which the mother resides.

12. An application for an Order under subsection (2) of section 11 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 18 in the Schedule hereto or such modification thereof as may be suitable.

13.--An application for an Order under section 13 of the Affiliation Orders Act shall be by summons which shall be in accordance with Form 19 in the Schedule hereto or such modification thereof as may be suitable.

14. A summons issued under Rule 4, Rule 5 or Rule 12 hereof shall be returnable to the District Court sitting for the exercise of summary jurisdiction for the District Court Area in which the mother of the child to which it relates resides. All other summonses hereunder shall be returnable to the District Court in which the Affiliation Order was made.

15. Every summons provided for in this Part of these Rules shall be served fifteen clear days at least before the date for which the same is returnable.

16.--(1) An Affiliation Order made on the application of the mother of an illegitimate child shall be in accordance with Form 20 in the Schedule hereto or such modification thereof as may be suitable.

(2) An Affiliation Order made on the application of a Local Body shall be in accordance with Form 21 in the Schedule hereto or such modification thereof as may be suitable.

(3) An Order made under subsection (3) of section 4 of the Affiliation Orders Act shall be in accordance with Form 22 in the Schedule hereto or such modification thereof as may be suitable.

(4) An Order made under paragraph (a) of subsection (1) of section 5 of the Affiliation Orders Act shall be in accordance with Form 23 in the Schedule hereto or such modification thereof as may be suitable.

(5) An Order made under paragraph (b) of subsection (1) of section 5 of the Affiliation Orders Act shall be in accordance with Form 24 in the Schedule hereto or such modification thereof as may be suitable.

(6) An Order made under paragraph (c) of subsection (1) of section 5 of the Affiliation Orders Act shall be in accordance with Form 25 in the Schedule hereto or such modification thereof as may be suitable.

(7) An Order made under subsection (2) of section 5 of the Affiliation Orders Act shall be in accordance with Form 26 in the Schedule hereto or such modification thereof as may be suitable.

(8) An Order made under section 6 of the Affiliation Orders Act shall be in accordance with Form 27 in the Schedule hereto or such modification thereof as may be suitable.

(9) An Order made under section 7 of the Affiliation Orders Act shall be in accordance with Form 28 in the Schedule hereto or such modification thereof as may be suitable.

(10) An Order made under section 8 of the Affiliation Orders Act shall be in accordance with Form 29 in the Schedule hereto or such modification thereof as may be suitable.

(11) An Order made under subsection (1) of section 10 of the Affiliation Orders Act shall be in accordance with Form 30 in the Schedule hereto or such modification thereof as may be suitable.

(12) An Order made under subsection (2) of section 10 of the Affiliation Orders Act shall be in accordance with Form 31 in the Schedule hereto or such modification thereof as may be suitable.

(13) An Order made under subsection (2) of section 11 of the Affiliation Orders Act shall be in accordance with Form 32 in the Schedule hereto or such modification thereof as may be suitable.

(14) An Order made under section 13 of the Affiliation Orders Act shall be in accordance with Form 33 in the Schedule hereto or such modification thereof as may be suitable.

17. A true copy of a Voluntary Agreement approved by the Court under section 10 of the Affiliation Orders Act shall be lodged with the Clerk.

PART II PROCEEDINGS FOR ENFORCEMENT OF COURT ORDERS

18.--(1) All proceedings under Part II of the Principal Act (including an application under section 6 of the Amending Act) shall be brought at a sitting of the District Court for the hearing of cases of summary jurisdiction or of civil proceedings for the District Court Area wherein the debtor is ordinarily resident.

(2) An application by a creditor under section 6 of the Amending Act may be brought, heard and determined either at a sitting for the District Court Area wherein proceedings under Part II of the Principal Act were instituted or at a sitting for the District Court Area wherein the debtor ordinarily resides.

19.--(1) An application for an Examination Order under section 15 of the Principal Act may be made ex parte by the creditor or by his solicitor. Such application shall be grounded on evidence upon oath either oral or on affidavit in accordance with Form 34 in the Schedule hereto or such modification thereof as may be suitable and upon the production of the Execution Order (as defined in section 2 of the Principal Act) upon which the creditor relies.

(2) Upon being satisfied that a creditor is entitled to have an Examination Order made the Court shall, without any notice to the debtor, forthwith make and issue the said Order which shall be in accordance with Form 35 in the Schedule hereto or such modification thereof as may be suitable. Such Order shall be served upon the debtor by delivering to him a copy thereof fourteen clear days at least before the sitting of the Court at which the debtor is required by the said Order to attend. The original of every Order intended for hearing shall be lodged by the creditor or his solicitor with the Clerk not later than four and not more than ten clear days before such sitting.

(3) Where the Court has refused an application for an Examination Order, the creditor shall be entitled to obtain from the Clerk a certificate of such refusal, which shall be in accordance with Form 36 in the Schedule hereto or such modification thereof as may be suitable. Such certificate shall be signed by a Justice.

20.--(1) An Order for arrest and imprisonment made under subsection (2) of section 16 of the Principal Act shall be in accordance with Form 37 in the Schedule hereto or such modification thereof as may be suitable.

(2) An Order for payment of debt and costs made under section 17 of the Principal Act shall be in accordance with Form 38 in the Schedule hereto or such modification thereof as may be suitable. A copy of such Order shall be served on the debtor.

21.--(1) An application by a creditor under section 6 of the Amending Act shall be by summons which shall be in accordance with Form 39 in the Schedule hereto or such modification thereof as may be suitable. Every such summons may be signed by a Justice, a Peace Commissioner or a Clerk, and shall be served on the debtor by delivering to him a copy thereof seven clear days at least before the sitting of the Court to which the summons is made returnable. The original of every such summons intended for hearing shall be lodged by the creditor or his solicitor with the Clerk not less than four and not more than ten clear days before such sitting.

(2) (a) An Order for the arrest and imprisonment of a debtor made by the Court under section 6 of the Amending Act shall be in accordance with Form 40 in the Schedule hereto or such modification thereof as may be suitable.

(b) The warrant to enforce such Order shall be in accordance with Form 41 in the Schedule hereto or such modification thereof as may be suitable and may be added to the Form of such Order.

(3) Before making an Order for the arrest and imprisonment of a debtor under section 6 of the Amending Act a Justice shall be satisfied of the due service upon the debtor of any Order made against him under section 17 of the Principal Act, that the debtor has failed to comply with such Order and, in the event of the debtor failing to appear, of due service upon the debtor of the summons mentioned in paragraph (1) of this rule.

(4) An Order shall not be made under the said section directing the imprisonment of a debtor who is a man of the permanent Defence Force or a reservist for the time being called out on permanent service.

(5) The Governor of the prison in which the debtor is imprisoned by virtue of an Order made under section 6 of the Amending Act shall forthwith upon the reception in the prison of the debtor, give notice in writing of such reception to the Clerk specified in the warrant of committal.

(6) Where subsequent to the arrest and imprisonment of a debtor under section 6 of the Amending Act, the amount of the arrears of instalments and costs specified in the Order for arrest and imprisonment is paid to the Clerk, he shall deliver a certificate of payment to the person making the payment on behalf of the debtor and shall, with all convenient speed, forward a similar certificate of payment to the Governor of the prison in which the debtor is imprisoned and to the creditor or his solicitor. Such certificate of payment shall be in accordance with Form 42 in the Schedule hereto or such modification thereof as may be suitable.

22.--(1) An application under section 5 of the Amending Act shall be by summons which shall be in accordance with Form 43 in the Schedule hereto or such modification thereof as may be suitable. Every such summons may be signed by a Justice, a Peace Commissioner or a Clerk and shall be served at least seven clear days before the sitting of the Court to which such summons is made returnable. The original of every such summons intended for hearing shall be lodged with the Clerk not less than four and not more than ten clear days before the sitting of the Court to which such summons has been made returnable. Such summons may be served on the solicitor for the creditor therein if such solicitor accepts such service and endorses his acceptance on the original thereof.

(2) An Order made by a Justice under section 5 of the Amending Act shall be in accordance with Form 44 in the Schedule hereto or such modification thereof as may be suitable. A copy of such Order shall be served on the debtor or on the creditor, as the case may be.

PART III MAINTENANCE PROCEEDINGS

23.--(1) An application under section 1 of the Act of 1886, as amended by section 7 of the Amending Act, for an Order for the payment of a weekly sum (hereinafter called " a Maintenance Order ") shall be by summons which shall be in accordance with Form 45 in the Schedule hereto or such modification thereof as may be suitable. Every such summons may be signed by a Justice, a Peace Commissioner or a Clerk and shall be served on a husband seven clear days at least before the sitting of the Court to which the summons is made returnable. The original of every such summons intended for hearing shall be lodged with the Clerk at least four clear days before the date fixed for the hearing.

(2) (a) Proceedings by a married woman under section 1 of the Act of 1886, as amended by section 7 of the Amending Act (whether for an Order for payment of a weekly sum or for an Order varying such Order) may be brought, heard and determined either before the Court for the District Court Area wherein her husband ordinarily resides or carries on any profession, business or occupation or before the Court for the District Court Area wherein she ordinarily resides.

(b) An application by a husband under section 1 of the Act of 1886 as amended by section 7 of the Amending Act for variation of an Order for payment of a weekly sum shall be brought, heard and determined by the Court for the District Court Area wherein his wife ordinarily resides or carries on any profession, business or occupation.

(c) An application by a husband under subsection (2) of section 1 of the Act of 1886 for discharge of a Maintenance Order shall be brought, heard and determined by the Court for the District Court Area wherein his wife ordinarily resides or carries on any profession, business or occupation.

24. A Maintenance Order shall be in accordance with Form 46 in the Schedule hereto or such modification thereof as may be suitable.

25.--(1) An application by a wife for an Order varying a Maintenance Order shall be by summons which shall be in accordance with Form 47 in the Schedule hereto or such modification thereof as may be suitable. Every such summons may be signed by a Justice, a Peace Commissioner or a Clerk and shall be served upon the husband seven clear days at least before the sitting of the Court to which the summons is made returnable. The original of every summons shall be lodged with the Clerk at least four days before the date of the said sitting.

(2) An application by a husband for an Order varying a Maintenance Order shall be by summons which shall be in accordance with Form 48 in the Schedule hereto or such modification thereof as may be suitable. Every such summons may be signed by a Justice, a Peace Commissioner or a Clerk and shall be served upon the wife seven clear days at least before the sitting of the Court to which the summons is made returnable. The original of every such summons shall be lodged with the Clerk at least four days before the date of the said sitting.

(3) An Order varying a Maintenance Order on the application of a wife shall be in accordance with Form 49 in the Schedule hereto or such modification thereof as may be suitable.

(4) An Order varying a Maintenance Order on the application of a husband shall be in accordance with Form 50 in the Schedule hereto or such modification thereof as may be suitable.

PART IV

26.--(1) An application under subsection (1) of section 8 of the Amending Act shall be by information on oath and in writing which shall be in accordance with Form 51 in the Schedule hereto or such modification thereof as may be suitable.

(i) Such application shall be made in the case of a Maintenance Order to a Justice assigned to the District comprising the District Court Area :

(a) wherein the husband ordinarily resides or carries on any profession, business or occupation, or

(b) wherein the wife ordinarily resides or carries on any profession, business or occupation, or

(c) wherein the original Maintenance Order was made.

(ii) Such application in the case of an order made under the provisions of the Illegitimate Children (Affiliation Orders) Act, 1930 , shall be made to a Justice assigned to the District comprising the District Court Area :

(a) in which the original Order was made, or,

(b) in which the applicant ordinarily resides or carries on any profession, business, or occupation.

(2) A Justice to whom such application is made may if he so thinks fit instead of issuing a warrant for the arrest of the defendant as provided by subsection (1) of section 8 of the Amending Act issue a summons to such defendant. Such summons shall be in accordance with Form 52 in the Schedule hereto or such modification thereof as may be suitable. If, after the issue of the summons, it seems fit to the Justice at any time before such hearing the Justice may issue such warrant which shall be in accordance with Form 53 in the Schedule hereto or such modification thereof as may be suitable.

(3) Such warrant shall be deemed to be a warrant in summary proceedings of a civil nature for the purpose of Rules 70 and 71 of the District Court Rules, 1948, and shall remain in full force and effect until executed or cancelled by the Justice who issued the same or any other Justice acting in his stead.

(4) A Justice on issuing a warrant of apprehension under subsection (1) of section 8 of the Amending Act may, if he thinks fit, by endorsement on the warrant certify his consent to the defendant on his apprehension being released on his entering into such recognisance, with or without a surety or sureties, for his appearance as may be specified in such endorsement and the endorsement shall fix the amounts in which the defendant and the surety or sureties (if any) are to be bound. Where such an endorsement is made, the officer or member of the Garda Síochána in charge of any station to which on apprehension the defendant is brought shall discharge him upon his entering into a recognisance, with or without a surety or sureties, approved by such officer in accordance with the endorsement, conditioned for his appearance before the Court and at the time and place named in the recognisance. The recognisance shall be in accordance with Form 54 in the Schedule hereto or such modification thereof as may be suitable. On the execution of such warrant, such recognisance shall be forwarded to the Court by the officer or member of the Garda Síochána in charge of the station to which on apprehension the defendant has been brought.

(5) Where a defendant has been sentenced to imprisonment under subsection (1) of section 8 of the Amending Act, the warrant of committal shall be in accordance with Form 55 in the Schedule hereto or such modification thereof as may be suitable.

(6) The warrant of distress and sale under subsection (1) of section 8 of the Amending Act shall be in accordance with Form 56 in the Schedule hereto or such modification thereof as may be suitable.

(7) The recognisance to be entered into by a defendant under subsection (2) of section 8 of the Amending Act shall be in accordance with Form 57 in the Schedule hereto or such modification thereof as may be suitable.

(8) The warrant of detention in custody of the defendant under subsection (2) of section 8 of the Amending Act shall be in accordance with Form 58 in the Schedule hereto or such modification thereof as may be suitable.

(9) Where the Justice has issued a warrant of distress and no or no sufficient returns shall have been made and the defendant is thereupon sentenced to imprisonment, the warrant of detention shall be in accordance with Form 59 in the Schedule hereto or such modification thereof as may be suitable.

PART V SERVICE OF DOCUMENTS

27.--(1) The provisions of Rule 128 of the District Court Rules, 1948, shall not apply to the service of documents which by these rules are required to be served personally on the person to whom the same are addressed.

(2) Save as is provided in paragraph (1) of this Rule the provisions of the District Court Rules, 1948, dealing with the service of Civil Processes shall apply to the service of documents under these Rules.

28. The remuneration to be paid to the summons server for the service of an Order or summons shall, if such Order or summons is required to be served personally be 5/-, and in any other case shall be 4/-payable in each case on proof of service.

29. In any case in which a summons or Order is by these Rules required to be served personally, upon proof upon oath, either oral or on affidavit, as to the Justice shall seem meet, that the person to be served with such Order or summons has been evading service, a Justice may order that such summons or Order may be served in the manner provided by Rule 46 and Rule 47 of the District Court Rules, 1948 (as substituted by Rule 5 of the District Court Rules (No. 1), 1962), and may without further evidence issue a fresh summons or Order for service.

PART VI COSTS IN RELATION TO INSTALMENT ORDERS

30. The costs which may in his discretion be granted by a Justice to either party upon the hearing of an application under section 17 of the Principal Act shall be in accordance with the Schedule of Costs annexed hereto. The Justice may in addition grant to the successful party such witnesses' expenses as he may think fit.

GIVEN this 30th day of January, 1962.

Cathal Ó Floinn, Chairman

John Farrell

Michael J. C. Keane

Henry Barron

Edward H. Byrne

John Kelly

I concur in the making of the foregoing Rules.

Dated this 30th day of January, 1962.

Charles J. Haughey,

Minister for Justice.

SCHEDULE OF FORMS

General heading to be used for all forms:--

The information of............................................... of............................................................ ...who says on oath: I am a............................................................ .......(a), and I reside at............................................., in the County of..................... in the said District Court Area. I am now with illegitimate child and I identify one............................................... of...........................................................(b) as the father of such child.

The said child is expected to be born on the......day of......., 19.....

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

Informant.

Sworn before me this.......day of....................., 19....... at ............................................................ ..............................

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

Justice of the District Court assigned to said District or Peace Commissioner.

(a) State whether single woman, widow or married woman living separate from her husband.

(b) Give name, address and description, or such other particulars as are necessary for identification.

The information of............................................... of............................................................ ... who says on oath: I am a ............................................................ ...(a), and I reside at............................................., in the County of........................ in the said District Court Area. I was delivered of an illegitimate child named ..................................................... on the........day of...................., 19......., and I identify one ............................................................ . of................................................(b), as the father of such child. ](c) The said..................................................(contributed to the maintenance of my said child within six months after its birth) (was not resident in the State at the date of the birth of the said child and first entered the State after the date of the birth of the said child within the last six months) (was resident in the State at the date of the birth of the said child but ceased to be so resident within six months after such date and first entered the State after such cesser within the last six months).]

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

Informant.

Sworn before me this........day of....................... 19...... at ............................................................ ..............................

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

Justice of the District Court assigned to said District

or Peace Commissioner.

(a) State whether "single woman" or "widow" or "married woman living separate from my husband" or "married woman not living separate from my husband whom I married on the........day of..........................., 19..,.....and who before the said marriage was delivered of an illegitimate child".

(b) Give name, address and description, or such other particulars as are necessary for identification.

(c) Insert, as the case may be, the appropriate particulars.

WHEREAS an application has been made to me a Justice of the District Court assigned to the said District by......................................, (hereinafter called "the applicant") who resides at.........................................., in the said District Court Area and who is a.................................(a) now with illegitimate child which she expects to be born on the...............day of........................... , 19........, to issue a summons against you pursuant to Section 2 of the Illegitimate Children (Affiliation Orders) Act, 1930 , and the applicant has on the ...................................... day of ................, 19...., made an information in writing upon oath identifying you as the father of such child.)

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................, in the said District Court Area and District on the (b)..................... day of.........., 19...., at........o'clock..........m. on the hearing of an application by the applicant for an Affiliation Order against you in respect of the said child.

Dated this.......day of....................., 19........

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

Justice of the District Court assigned to said District.

To: The above-named Respondent of............................................................ ............................................................ ...

(a) State whether single woman, widow or married woman living separate from her husband.

(b) Date of hearing must not be earlier than fourteen days after the day on which the child is expected to be born.

WHEREAS an application has been made to me a Justice of the District Court assigned to the said District by..................................................., who resides at................................................... in the said District Court Area and who is (a)................................................., and the mother of an illegitimate child named...................................................... born on the...................day of..................., to issue a summons against you pursuant to the Illegitimate Children (Affiliation Orders) Act, 1930 , and the applicant has on the........day of ..........................., 19...., made an information in writing upon oath identifying you as the father of the said child ]and averring that (b) (you contributed to the maintenance of the said child within six months after its birth) (were not resident in the State at the date of the birth of the said child and first entered the State after the date of such birth within the past six months) (were resident in the State at the date of the birth of the said child but ceased to be so resident within six months after such date and first returned to the State after such cesser within the past six months)].

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at........................................................., in the said District Court Area and District, on the......day of............... , 19...., at........o'clock m., on the hearing of application by the Applicant for an Affiliation Order against you in respect of the said child.

Dated this.......day of....................., 19........

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

Justice of the District Court assigned to said District.

To: The above-named Respondent of............................................................ ............................................................ ..

(a) State whether "single woman" or "widow" or "married woman living separate from her husband" or "married woman not living separate from her husband whom she married on the ........day of ........................... 19.... and who before the said marriage was delivered of an illegitimate child".

(b) Insert, as the case may be, the appropriate articular.

WHEREAS an application has been made to me, a Justice of the District Court assigned to said District by............................................................ ............................., a Local Body administering the relief of the poor (hereinafter called the Applicant) and now giving relief to one ............................................................ ....., who resides at..................................................., in the said District Court Area and who is ....................(a) now with illegitimate child which she expects to be born on the........day of ............., 19...., to issue a summons against your pursuant to Section 2 of the Illegitimate Children (Affiliation Orders) Act, 1930 , and the said.................................................., has on the......day of.................., 19...., made an information in writing upon oath identifying you as the father of such child.

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at........................................................., in the said District Court Area and District, (b) on the........day of................., 19...., at ........o'clock....m., on the hearing of an application by the Applicant for an Affiliation Order against you in respect of the said child.

Dated this.......day of....................., 19........

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

Justice of the District Court assigned to said District.

To: The above-named Respondent of............................................................ ............................................................ ...

(a) State whether single woman, widow or married woman living separate from her husband.

(b) The Court hearing must not be earlier than fourteen days after the date on which the child is expected to be born.

WHEREAS an application has been made to me, a Justice of the District Court assigned to said District by....................................., a Local Body administering the relief of the poor (hereinafter called the Applicant) and now giving relief to one............................................., who resides at......................., in the said District and who is a......................................(a) and who is the mother of an illegitimate child named..................................., born of the........day of..............., 19...., to issue a summons against you pursuant to Section 2 of the Illegitimate Children (Affiliation Orders) Act, 1930 , and the said............................................................ .. has on the......day of................, 19...., made an information in writing upon oath identifying you as the father of the said child ]and averring that you (b) (contributed to the maintenance of the said child within six months after its birth) (were not resident in the State at the date of the birth of the said child, and first entered the State after the date of such birth within the past six months) (were resident in the State at the date of the birth of such child but ceased to be so resident within six months after such birth and first entered the State after such cesser within the past six months)].

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at........................................................., in the said District Court Area and District, on.......day of .............., 19...., at........o'clock....m., on the hearing of an application by the Applicant for an Affiliation Order against you in respect of the said child.

Dated this.......day of....................., 19........

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

Justice of the District Court assigned to said District.

To : The above-named Respondent of............................................................ ............................................................ ..

(a) State whether "single woman" or "widow" or "married woman living separate from her husband" or " married woman not living separate from her husband whom she married on the.......day of........................, 19...., and who before said marriage was delivered of an illegitimate child".

(b) Insert, as the case may be, the appropriate particulars.

WHEREAS it has been represented to me by............................................................ ................................................., of.................................,......................(hereinafter called the Applicant) that the illegitimate child named.................................................... attained the age of sixteen years on the.......day of......................, 19...., and that immediately before such date a weekly sum of £................ was payable by you in respect of such child under an Affiliation Order made on the........day of........................, 19...., at the District Court at............................................................ ........and that such child is mentally (bodily) deficient in such manner and to such degree as to render such child totally and permanently unfit for employment of any kind.

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ ........,...................................... in the said District Court Area and District on the..........day of................................, 19...., at........o'clock....m., on the hearing of an application by the Applicant for an order continuing payment of such weekly sum under such Affiliation Order for the life of such child.

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ .

WHEREAS it has been represented to me by............................................................ ...., of......................................, (hereinafter called " the Applicant ") that under an Affiliation Order made on the........day of..........................., 19........, at the District Court at ............................................................ ........a weekly sum of.............. is payable by the........................(a) to the......................(a) in respect of an illegitimate child named ............................................................ ............................................................ ............................................................ .......

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ ........in the District Court Area and District, on the........day of................, 19...., at........o'clock....m., on the hearing of an application by the Applicant to vary the amount of such sum.

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ ..

(a) Insert Applicant or Respondent, as the case may be.

WHEREAS it has been represented to me by............................................................ ....(hereinafter called the Applicant) that under an Affiliation Order made on the.......day of......................, 19...., at the District Court at.........................................., a weekly sum of.............., is payable by the........................(a) to the........................(a) of............................................................ ................, in respect of an illegitimate child named............................................................ ............................................................ .........................................................

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ ........in the said District Court Area and District, on the ..........day of................................, 19...., at........o'clock....m., on the hearing of an application by the Applicant that the said sum be payable to..................................of............................................................ ........, in lieu of............................................................ ............................................................ ............................................................ .....

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ 

(a) Insert Applicant or Respondent, as the case may be.

WHEREAS it has been represented to me by............................................................ ...., of................................, (hereinafter called the Applicant) that under an Affiliation Order made on the.......day of......................, 19...., at the District Court at............................................................ ........, a weekly sum of.............., is payable by the........................(a) to the........................(a) of............................................................ ................, in respect of an illegitimate child named............................................................ .....and that the following conditions were by the said Order attached.

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ ......., in the said District Court Area and District on the ..........day of.............., 19...., at........o'clock....m., on the hearing of an application by the Applicant to vary the said conditions in manner following that is to say :

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ .

(a) Insert Applicant or Respondent, as the case may be.

WHEREAS it has been represented to me by............................................................ ...., of................................, (hereinafter called the Applicant) that under an Affiliation Order made on the.......day of........................, 19...., at the District Court at............................................................ ........, a weekly sum of.............., is payable by the Applicant to you in respect of an illegitimate child named............................................

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ ........in the said District Court Area and District on the ..........day of.............., 19............, at........o'clock..............m., on the hearing of an application by the Applicant for an Order terminating the said weekly sum.

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ ..

WHEREAS it has been represented to me by............................................................ ...., of................................, (hereinafter called the Applicant) that under an Affiliation Order made on the.......day of........................, 19...., at the District Court at............................................................ ........, a weekly sum of..............is payable by you to the Applicant in respect of an illegitimate child named.............................................., which child (a)............................................[(has attained the age of fourteen years but is under the age of sixteen years) or (attained the age of sixteen years within the past six months the said weekly sum having been payable by you immediately before such child attained that age)] and that the Applicant is desirous of applying to the Court for an Order that you as (b)............................................................ ...., of such child should pay a sum not exceeding £50 for the purpose of apprenticing such child to a trade.

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ ........, in the said District Court Area and District on the ......day of.............., 19...., at........o'clock..............m., on the hearing of the said application.

Dated this........day of........................, 19....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ .

(a) Insert the appropriate recital in square brackets.

(b) Insert " the putative father " or " the personal representative of the putative father ", as the case may be.

WHEREAS it has been represented to me by............................................................ ...., of................................, (hereinafter called the Applicant) that an illegitimate child named............................................................ .........., has died within the two months last past, to wit, on the........day of........................, 19...., and that during the lifetime of the said child the weekly sum of..............was payable by you in respect of such child under an Affiliation Order made on the........day of........, 19...., at the District Court at.......................................... and that the Applicant is desirous of applying to the Court for an Order that you (a)............................................................ ...., of such child should pay to the applicant the funeral expenses of such child to an amount not exceeding £5, to wit, £.........................

THIS IS TO COMMAND YOU to appear as Respondent at the District Court, at ............................................................ ., in the said District Court Area and District on the......day of.............., 19...., at........o'clock....m., on the hearing of the said application.

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ .

(a) Insert " The putative father " or " the personal representative of the putative father " as the case may be.

WHEREAS it has been represented to me by............................................................ ...., of................................, (hereinafter called the Applicant) that under an Affiliation Order made on the........day of........................, 19.........., at the District Court at............................................................ ..., a weekly sum of.............., is payable by the Applicant to you in respect of an illegitimate child named.............................................and that the Application is desirous of applying to the Court for an Order authorising the Applicant to commute such weekly payment by a lump sum of such amount as may be fixed by the Court.

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ .., in the said District Court Area and District on the......day of.............., 19...., at........o'clock....m., on the hearing of the said Application.

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ .

WHEREAS it has been represented to me by............................................................ ...., of................................, (hereinafter called the Applicant), that you are the mother of an illegitimate child named............................................................ .. of which the Applicant admits himself to be the father before an Affiliation Order has been made in respect of such child and that the Applicant has entered into an agreement with you by which the Applicant has bound himself to make provision in respect of such child and the Applicant is desirous of applying to the Court for approval of the said agreement.

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ ........, in the said District Court Area and District on the ......day of.............., 19...., at........o'clock....m., on the hearing of the said application.

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ 

WHEREAS it has been represented to me by............................................................ ...., of................................, (hereinafter called the Applicant), that she is the mother of an illegitimate child named..........................................................of which you admit yourself to be the father before an Affiliation Order has been made in respect of such child and that you have entered into an agreement with the Applicant by which you have bound yourself to make provision in respect of such child and the Applicant has made an information on oath identifying you as the father of such child and the applicant is desirous of applying to the Court for approval of the said agreement.

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ ........, in the said District Court Area and District on the ...............day of.............., 19...., at........o'clock....................m., on the hearing of the said application.

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ .

WHEREAS it has been represented to me by............................................................ .., of.................................., (hereinafter called the Applicant) that under an Affiliation Order made on the..........day of...................... 19...., at the District Court at............................................................ ........, a weekly sum of..............is payable by the Applicant to you in respect of an illegitimate child named...................................., and that after the said Affiliation Order had been made the Applicant entered into an agreement with you whereby the Applicant bound himself to make provision in respect of such child and that the Applicant is desirous of applying to the Court for approval of the said agreement.

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ ........, in the said District Court Area and District on the ......day of.............., 19...., at........o'clock........m., on the hearing of the said application.

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ .

WHEREAS it has been represented to me by............................................................ .., of.................................., (hereinafter called the Applicant) that under an Affiliation Order made on the..........day of...................... 19...., at the District Court at............................................................ ........, a weekly sum of............., is payable by you to the Applicant in respect of an illegitimate child named............................................, and that after the said Affiliation Order had been made, you entered into an entered into an agreement with the Applicant whereby you bound yourself to make provision in respect of such child and that the Applicant is desirous of applying to the Court for approval of the said agreement.

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ ........, in the said District Court Area and District on the ......day of.............., 19...., at........o'clock....m., on the hearing of the said application.

Dated this........day of........................, 19........

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ 

The information of......................................................of............................................................ ........who says on oath :

I am (a)............................................................ and I reside at........................................................, in the County of........................................................, in the said District Court Area. I am the mother of an illegitimate child named............................................................ ...., who was born on the......day of........................, 19...., and I identify one.............................., of.........................., the above named Respondent, as father of my said child. The said Respondent has admitted himself to be the father of the said child and has entered into an agreement with me by which he binds himself to make provision for and in respect of the said child.

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

Informant.

Sworn before me this........day of.........................., 19......, at............................................................ ........

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

Justice of the District Court assigned to said District,

or Peace Commissioner.

(a) Insert " single woman " or "widow" or " married woman living separate from my husband " or " married woman not living separate from my husband, whom I married on the........day of.........................., 19.... and who before the said marriage was delivered of an illegitimate child".

WHEREAS it has been represented to me by............................................................ ...., a Local Body administering the relief of the poor (hereinafter called " the Applicant "), that under an Affiliation Order made on the........day of......................, 19...., in the District Court at......................................................, a weekly sum of £.............., is payable by you to............................................................ ........................................................, of............................................................ ........, in respect of an illegitimate child named............................................................ ......, and that the said child is in receipt of relief from the Applicant since the........day of........................, 19...., and that the sum of £...............under said Order remains unpaid, and that the Applicant is desirous of applying to the Court for directions pursuant to sub-section (2) of Section 11 of the Illegitimate Children (Affiliation Orders) Act, 1930 .

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ ........, in the said District Court Area and District on the ......day of.............., 19...., at........o'clock....m., on the hearing of the said application.

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ .

WHEREAS it has been represented to me by............................................................ .., of.................................., (hereinafter called the Applicant) that under an Affiliation Order made on the........day of......................, 19...., in the District Court at......................................................, a weekly sum of £..............is payable by.........................................................., to.................................., of............................................................ .........., in respect of an illegitimate child named............................................................ ......, and that you have made default in the payments as ordered and that there is now due thereunder the sum of £........, and that there is payable to you a certain (a).............., capable of being attached namely......................................, and that the Applicant is desirous of obtaining an Order directing payment out of such (a).............., to the Applicant of a sum equal in amount to the amount of the said arrears or such other sum as the Court shall specify.

THIS IS TO COMMAND YOU to appear as Respondent at the District Court at............................................................ ........, in the said District Court Area and District on the ......day of.............., 19...., at........o'clock....m., on the hearing of the said application.

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner, or District Court Clerk.

To : The above-named Respondent of............................................................ ............................................................ .

(a) Insert " pension " or " income ", as the case may be.

UPON application made this day for an Affiliation Order pursuant to Section 3 of the above-mentioned Act and upon proof of due service of the Summons herein dated the........day of........................, 19...., and after hearing the evidence tendered by and/or on behalf of the Applicant and evidence of corroboration in a material particular of the Applicant's evidence, and after hearing the evidence tendered by and/or on behalf of the Respondent and on being satisfied that the Applicant who resides at............................, in the said District Court Area and who is a (a).............................., was delivered of an illegitimate child named.............................., on the........day of......................, 19...., and that the Respondent (b) [(contributed to the maintenance of the said child within six months after its birth) (was not resident in the State at the date of the birth of the said child, and first entered the State within six months immediately prior to the issue of the said Summons) (was resident in the State at the date of the birth of the said child, but ceased to be so resident within six months after the date of the said birth and first entered the State after such cesser within six months immediately prior to the issue of the said Summons)] and that the said child (c).................................., and an information in writing upon oath having on the........day of........................, 19...., been made by the Applicant, identifying the Respondent as the father of the said illegitimate child.

THE COURT doth adjudge the Respondent to be the putative father of the said child and doth order that the Respondent do pay to the Applicant (or to....................................) the sums following, that is to say :

And the Court doth further order

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District.

(a) Insert " single woman ", or " widow ", or " married woman living separate from her husband ", or " married woman not living separate from her husband whom she married on the......day of................, 19....."

(b) Insert, as the case may be, the appropriate particulars.

(c) Insert " is still alive ", or " died on the........day of...................., 19....."

UPON application made this day for an Affiliation Order pursuant to Secton 3 of the above-mentioned Act and upon proof of due service of the Summons herein dated the........day of........................, 19...., and after hearing the evidence tendered by and/or on behalf of the Applicant and the Respondent respectively and on being satisfied that...................................., who resides at.........................................................., in the said District Court Area who is a (a).............................., was delivered of an illegitimate child named............................................................ , on the.........day of........................, 19...., and that the respondent (b) [(contributed to the maintenance of the said child within six months after its birth) (was not resident in the State at the date of the birth of the said child, and first entered the State within six months immediately prior to the issue of the said Summons) (was resident in the State at the date of the birth of the said child, but ceased to be so resident within six months after the date of the said birth and first entered the State after such cesser within six months immediately prior to the issue of the said Summons)] and that the said child (c)............................................................ ........,and that the Applicant, a Local Body administering the relief of the poor, was at the date of issue of the said Summons (and now is) giving relief to the said (d)............................................................ ........and having heard the evidence of the said mother and evidence corroborative of her evidence in a material particular and an information in writing upon oath having on the........day of........................, 19...., been made by the said mother identifying the Respondent as the father of the said illegitimate child.

THE COURT doth adjudge the Respondent to be the putative father of the said child and doth order that the Respondent do pay to the Applicant (or to....................................) the sums following, that is to say:

AND THE COURT doth further Order

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to the said District.

(a) Insert " single woman ", or " widow ", or " married woman living separate from her husband " or " married woman not living separate from her husband whom she married on the......day of........................, 19....."

(b) Insert, as the case may be, the appropriate particulars.

(c) Insert " is still alive ", or " died on the........day of.................., 19....."

(d) Insert " mother " or " illegitimate child ".

UPON the application made this day by the Applicant and on proof of due service of the Summons herein dated the........day of...................., 19...., and after hearing the evidence tendered by and/or on behalf of Applicant and the Respondent respectively and upon being satisfied that an illegitimate child named.........................................................., attained the age of sixteen years on the........day of......................, 19...., and that immediately before the said child had attained the age of sixteen years a weekly sum of.............. was payable by the Respondent to............................................................ ........, under an Affiliation Order made on the........day of......................, 19...., at the District Court at.........................................., and it appearing that the said child is (a)..................................deficient to such degree as to render the said child totally and permanently unfit for employment of any kind.

THE COURT doth order that payment of the said weekly sum of............by the Respondent to the Applicant under the said Affiliation Order be continued for the life of the said child.

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District.

(a) Insert " bodily " or " mentally ".

WHEREAS by an Affiliation Order dated........day of...................., 19...., and made by the District Court sitting at.........................................................., for said District Court Area, the Applicant/Respondent was ordered to pay the weekly sum of.........................., to the Applicant/Respondent in respect of the illegitimate child named............................................................ ............................................................ ..............................................

Upon application made this day by the Applicant/Respondent in respect of the said Order and upon proof of due service of the Summons herein dated the........day of........................, 19...., the Court doth hereby vary the amount of such payment and doth direct that as from the........day of........................, the said weekly sum of.............. payable by................................ to................................, under the said Affiliation Order be (reduced) (increased) to the sum of...........

Dated this day........day of........................, 19.....

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

Justice of the District Court assigned to said District.

WHEREAS by an Affiliation Order dated the........day of................, 19...., and made by the District Court sitting at............................, for said District Court Area, the Applicant/Respondent was ordered to pay a weekly sum of.............. to the Applicant/Respondent in respect of the illegitimate child named.................................................

Upon application made this day by the Applicant/Respondent and upon proof of due service of the Summons herein dated the..................day of........................, 19...., the Court doth order that the said sum of.............. payable by............................................ under the said Affiliation Order be as from the........day of................, 19...., payable to......................................................., ............................................................ ........

Dated this........day of........................, 19.......

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

Justice of the District Court assigned to said District.

WHEREAS by an Affiliation Order dated the........day of................, 19...., and made by the District Court sitting at............................................................ ...., for said District Court Area the said ............................................................ ...... was ordered to pay a weekly sum of......................................, to............................................................ ........, in respect of the illegitimate child named............................................................ ........, and the following conditions relating to the payment (or receipt) of the said sum are contained in the said Order :

Upon application made this day and upon proof of the service of the Summons herein dated the........day of...................., 19...., the Court doth order that all (or the following) conditions in the Affiliation Order and relating to the payment/receipt of the said weekly sum of...................., be varied as follows :--

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District.

WHEREAS by an Affiliation Order dated the........day of................, 19...., and made by the District Court sitting at......................................................, in respect of the illegitimate child named............................................................ ......

Upon application made this day and upon proof of the service of the Summons herein dated........................ and being satisfied that the liability for payment of such weekly sum has ceased (or on being satisfied that justice requires that liability for payment of such weekly sum should cease) the Court doth hereby order that payment of the said weekly sum should terminate as from the........day of........................, 19.....

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District.

UPON the application made this day and upon proof of the service of the Summons herein dated the........day of........................, 19...., and on hearing what was offered on behalf of the Respondent and being satisfied that an illegitimate child named.......................................... (a)............................................................ ........ and that (b) ]immediately before the said child attained the said age of sixteen years] a weekly sum of.............., is payable by the Respondent to the Applicant under the Affiliation Order made the........day of................, 19....., by the District Court sitting at...................................., for the said District Court Area, and it is desirable that said illegitimate child should be apprenticed to the trade of......................................, the Court doth Order that the Respondent do pay to............................................................ .., the sum of.............., for the purpose of apprenticing the said child to such trade and the Court doth further order that............................................................ ............................................................ ............................................................ ..

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District.

(a) Insert " is aged..............years ", or " attained the age of sixteen years on the........day of........................, 19.... ".

(b) Insert, if applicable, matter in square brackets.

UPON application made this day and upon proof of the due Service of the Summons dated the........day of........................, 19....., and after hearing the evidence tendered by and/or on behalf of the Applicant and the Respondent respectively and being satisfied that the illegitimate child named............................................................ .........., died on the........day of........................, 19...., while a weekly sum of.............., was payable by the Respondent to...................................................., in respect of the said child under an Affiliation Order made on the........day of........................, 19....., by the District Court sitting at.........................................., for the said District Court Area whereby (a)................................, was adjudged to be the putative father of the said child, and that the said Summons was issued within two months after the death of the said child.

THE COURT doth order that the Respondent do pay to the Applicant the sum of............as and for the funeral expenses of the said child.

Dated the........day of........................ , 19 .....

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

Justice of the District Court assigned to said District.

(a) Insert " the Respondent ", or " one..................................of whom the Respondent is the personal representative ".

UPON application made this day, and upon proof of the service of the Summons dated the........day of........................, 19....., and upon hearing what was offered on behalf of the Applicant and the Respondent respectively and, being satisfied that the Applicant is liable to pay the weekly sum of............, to the Respondent in respect of the illegitimate child named......................................................., under an Affiliation Order made on the........day of........................ 19...., by the District Court sitting at............................................................ .., for said District Court Area and the Court being satisfied that it is expedient, with a view to securing the said child benefits at least equal to those which the said child would derive from the continuation of such weekly payments, and having regard to all the circumstances of the case (in particular having regard to the possibility of the payment of the said weekly sum being continued under the Act after such child had attained the age of sixteen years), to authorise the commutation of the weekly sum payable under the said Order by payment of a lump sum of..........and being satisfied that............................................................ ..of..................................is a fit and proper person to receive and apply the same for the benefit of said child.

THE COURT doth order that the said weekly payment of..................be commuted to the sum of..............to be paid within.................., to the said........................................................, and that the said............................................................ .shall administer and apply the same in the following manner :--

Dated this........day of................................, 19.....

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

Justice of the District Court assigned to said District.

UPON application made this day and upon proof of the service of the Summons herein dated the........day of.............., 19....., and upon hearing what was offered on behalf of the Applicant and the Respondent respectively and upon being satisfied that............................................, who resides at.........................................................., in the said District Court Area was delivered of an illegitimate child named............................................................ .........., on the........day of........................, 19...., and that the said child is alive and that the Applicant has admitted himself to be the father of the said child in respect of which child no Affiliation Order has been made against the said............................................................ .., and he has on the........day of........................, 19....., entered into an agreement with the mother of such child and by such agreement has agreed to make provision for and in respect of such child (and an information in writing having been sworn on the........day of........................, 19...., by the said mother identifying...................................., as the father of the said child). The Court, being of the opinion that the provision made by such agreement for and in respect of such child is substantially as beneficial to such child and its mother as the benefits which could be obtained for and in respect of such child under the above mentioned Act, doth approve of the said agreement and order that a true copy thereof be lodged with the Clerk of the said Court.

Dated this........day of........................, 19.....

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

Justice of the District Court assigned to said District.

UPON application made this day and upon proof of the service of the Summons herein dated the........day of..........................., 19....., and upon hearing what was offered on behalf of the Applicant and the Respondent respectively and upon being satisfied that the said............................................., was by an Affiliation Order dated........day of ..........................., 19....., and made by the District Court sitting at............................................................ ......, for said District Court Area adjudged to be the father of an illegitimate child named............................................................ ............, and that after such Affiliation Order was made the said father on the........day of..........................., 19...., entered into an agreement with the mother of the said child whereby he has bound himself to make provision for and in respect of such child and the Court being satisfied that the provision made by such agreement for or in respect of such child is substantially as beneficial to such child and its mother as the benefits which could be obtained for and in respect of such child under the abovementioned Act.

THE COURT doth approve of the said voluntary agreement and order that a true copy thereof be lodged with the Clerk of the said Court.

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

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

Justice of the District Court assigned to said District.

WHEREAS by an Affiliation Order dated the........day of.................., 19...., made by the District Court sitting at .............................. in said District Court Area, the Respondent was ordered to pay a weekly sum of £..............., to..........................................................., in respect of an illegitimate child named............................................................ ............................................................ .........................................................

Upon application made to the Court and upon proof of the service of the Summons herein dated the........day of..............., 19....., the Court being satisfied that the said child is in receipt of relief from the Applicant, a Local Body administering relief of the poor, and the sum of.......................................... in respect of the said weekly sum remains unpaid.

THE COURT doth order

Dated this day........day of..........................., 19....

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

Justice of the District Court assigned to said District.

UPON application made this day and upon proof of the service of the Summons herein dated the........day of..........................., 19....., and upon hearing what was offered on behalf of the Applicant and the Respondent respectively and the Court being satisfied that under an Affiliation Order dated ........day of...................................., 19....., made by the District Court sitting at ............................................................ ......................, for the said District Court Area, the Respondent is liable to pay a weekly sum of £...............to............................................................ , in respect of an illegitimate child named............................................................ .........., and that the Respondent has made default in the payment of the said weekly sum and that there is payable to the Respondent a certain pension (income) capable of being attached, namely

THE COURT doth Order

Dated this........day of..........................., 19....

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

Justice of the District Court assigned to said District.

I,............................................................ ..................., of............................................................ ................. (age and occupation)

make OATH and say as follows :--

1. By Order of the .................Court of Justice dated the...... day of.........................., 19....., and entitled (a)............................................................ ......, it was ordered and adjudged that the above-named Creditor do recover against the above-named Debtor the total sum of £..............., I beg to refer to the said Order when produced.

2. The debtor is ordinarily resident at......................................., in the said District Court Area.

3. The sum of £..............., remains due and owing by the said Debtor to the said Creditor on foot of the said Order and I believe that the said Debtor has no goods which could be taken in execution under any process of the Court by which such judgment was given in satisfaction of the amount so due.

4. I am (b)............................................................ ....... and I make this affidavit from facts within my own knowledge save where the contrary may appear.

Sworn etc.

(a) Names of parties as in title of original proceedings.

(b) Set out capacity of deponent (such as creditor, or employee, or agent or solicitor of creditor) and if not the creditor, add " I am duly authorised to make this Affidavit on behalf of the Creditor ".

Upon application made this day to the Court and upon reading the affidavit lodged on behalf of the Creditor whereby it appears that a sum of £............, is now due by the Debtor to the Creditor under a judgment of a competent Court, namely a judgment of the......................Court dated the........day of .........................., 19...., and obtained by the Creditor against the Debtor and that the Debtor ordinarily resides at......................, which is situate within the said District Court Area and that the Debtor has no goods which could be taken in execution under any process of the Court by which such judgment was given.

Now the Court doth hereby order the Debtor to attend the sitting of the Court to be held at the Courthouse at.........................................., on the ........day of ....................., 19...., at...............o'clock in the.................noon to be examined as to his means.

And the Court doth further order that not less than one week before the said..............day of ........................., 19 ..... he do lodge with the Clerk of the said Court at .................... a full statement in writing to be signed by the Debtor setting forth--

1. His assets and liabilities.

2. His income earned and unearned.

3. The means by which such income is earned or the source from which it is derived and,

4. The persons for whose support he is legally or morally liable.

Dated this day........day of..........................., 19....

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

Justice of the District Court assigned to said District.

To

The above-named debtor

Note.--A debtor failing to lodge a statement of means in compliance with this Order or failing to attend at the sitting of the District Court named and to submit himself for examination as to his means incurs the risk of having an Order made against him for payment in one sum of the full amount due by him and imprisonment consequent upon failure to comply with such Order. A debtor lodging a Statement of means which to his knowledge is false may be imprisoned with hard labour for a period not exceeding three months.

This is to certify that an application was made to the Court on the........day of..........................., 19....., by............................................................ ...................., of .................................,........................................., in the County of.................... for an Order that an Examination Order might issue directed to....................................................., of............................................................ ................., in the County of...................., and that such application was refused.

Dated this day........day of..........................., 19....

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

Justice of the District Court assigned to said District.

The Debtor having being duly served with an Examination Order dated the........day of........................., 19....., and having, in compliance with the said Order, lodged with the Clerk of the District Court at............................................................ ... a statement of his means.

And the Court being satisfied, upon evidence produced before it this day, that the said statement of means so lodged, is false to the knowledge of the Debtor in certain material particulars, namely

       had ordered that the said Debtor............................................................ ............................................................ ...., of............................................................ ...................., in the County of....................................., be arrested and imprisoned in the prison at......................................................., for a period of..............................................

This is to command you, to whom this warrant is addressed to arrest the said Debtor and lodge him in prison at.............................................. And for this the present warrant shall be a sufficient authority to all whom it may concern.

Dated this........day of..........................., 19....

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

Justice of the District Court assigned to said District.

To the Superintendent of the

Garda Síochána at...............................,

and his assistants.

WHEREAS proof has been given of the due service upon the Debtor of the Examination Order made herein dated the........day of.............., 19........,

AND WHEREAS the Debtor (a) [(has failed to lodge a statement of means in accordance with the said Examination Order) (or, has failed to attend for examination this day in accordance with the said Examination Order) (or, has refused to submit himself for cross-examination by or on behalf of the Creditor) (or, has attended for examination this day in accordance with the said Examination Order and has failed to satisfy the Court that he is not able to pay the sum of £........... in one sum or by instalments)]. Upon hearing what was offered this day on behalf of the Creditor and the Debtor respectively, and being so requested by the Creditor, the Court doth order that the above-named Debtor of .........................., in the said District Court Area do pay to the Creditor the sum of £ ................ being the balance due for debt and costs, pursuant to the Judgment, Decree or Order of the.................................Court dated the..............day of...................., 19...., together with the sum of £............., being the costs of these proceedings in manner following that is to say--

(a) [(by............instalments of..................each, the first of such instalment to be paid on the...............................) (Or, in one payment to be paid on the..........................)]

Dated this..........day of......................, 19....

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

Justice of the District Court assigned to said District.

(a) Strike out words in square brackets not applicable.

Note.--The Court has power to vary the terms of the above Order relating to the manner in which the above debt and costs are to be paid by substituting payment by instalments for a single payment or by altering the amount or times at which instalments are to be paid. A party who requires such variation should consult his solicitor or the District Court Clerk.

The Debtor is hereby required to attend at.......o'clock in the............noon on the........day of................... 19...., at the sitting of the District Court to be held at ......................for the said District Court Area upon the hearing of an application on behalf of the Creditor for an Order that the Debtor be committed to prison for his failure to comply with an Order for payment made against him on the....................., or for such other relief as the Court in the circumstances may seem meet, and for the costs of the application.

Dated this........day of.................., 19.....

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

Justice of the District Court assigned to said District,

Peace Commissioner or District Court Clerk.

To

of

the above-named Debtor.

WHEREAS by an Order dated..........................., made by a Justice of the District Court sitting at................, for the District Court Area of..............., District No............, the above-named Debtor was ordered to pay the sum of £............., and £....................., costs by....................instalments of £.............., the first of said instalments to be paid on the ....th day after service thereof.

AND WHEREAS the Debtor has failed to comply with said order.

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

AND WHEREAS upon proof of due service of said Order for payment on the Debtor on the........day of....................., 19...., and of due service upon the Debtor of the Summons herein dated the.........day of..................., 19....,

AND WHEREAS it appears to the Court that the said Debtor has failed and neglected to pay the said instalments, and has not shown to the satisfaction of the Court that such failure to pay was due neither to his wilful refusal nor his culpable neglect.

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

Dated this.........day of..............., 19....

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

Justice of the District Court assigned

to said District

THIS IS TO COMMAND you, to whom this Warrant is addressed to arrest the Debtor, the said........................................., of......................................................., and lodge him in prison at................................, there to be imprisoned for a period of......................., pursuant to the above Order.

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

Date this.......day of..................., 19....

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

Justice of the District Court assigned to said District,

To: The Superintendent of the

Garda Síochána at ........................................

and his assistants.

I hereby certify that there has been paid to me by or on behalf of............................................................ ..., now imprisoned in the prison at................................, upon Order dated the...............day of.............., 19...., of the District Court the sum of £.........., being the full amount specified in the said Order.

Dated this.........day of................., 19....

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

District Court Clerk.

To: The Governor......................Prison

and

Solicitor for Creditor.

You are hereby required to attend at...........o'clock in the......noon on the.........day of...................., 19...., at the sitting of the District Court to be held at....................., for the said District Court Area upon the hearing of an applicant on behalf of the Creditor (Debtor) to have an Order dated the.........day of...................., 19...., made in this matter by the District Court sitting in the said District Court Area, varied as provided by Section 5 of the Enforcement of Court Orders Act, 1940, or for such other relief as to the Court in the circumstances may seem meet, and for the cost of this application.

Dated this.......day of..................., 19....

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

Justice of the District Court assigned to said District,

Peace Commissioner or District Court Clerk.

To

of

the above-named Creditor or Debtor.

WHEREAS by an Order dated the.........day of..............., 19...., made by a Justice of the District Court sitting at............................., for the District Court Area of................, District No......., the above-named Debtor was ordered to pay the sum of £.........., and the sum of £..............., costs by instalments of..............each, the firs of such instalments to be paid on the............day of ....................., 19....

AND WHEREAS proof has been given of the due service upon the Debtor of the said Instalment Order and the said, Order is still in force UPON application made this day by the Debtor (Creditor), in respect of the said Instalment Order and upon proof of the service of the summons herein dated the..........day of....................., 19.... THE COURT doth hereby vary the said Order dated the........day of..................... , 19..., and directs that on and from the.........day of ..................., 19.... the sum of £..............., being the balance of the said debt and costs remaining unpaid, together with the sum of £..............., the cost of this application be paid by the Debtor in...............instalment of £..............., the first to be paid on the..............................

Dated this........day of................, 19....

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

Justice of the District Court assigned to said District.

To

the above-named Creditor or Debtor.

Note.--The date from which the variation is to have effect must not be later than the date of this Order.

WHEREAS a complaint has been made by the Complainant, a married woman, residing at ............................................................ ........................, within the said District Court Area and District, that you being the husband of the said Complainant and being able wholly or in part to maintain her (*and her family) do wilfully refuse and neglect to do so, and have deserted her.

AND WHEREAS you will be required to show cause why you should not be ordered to pay to the said Complainant for her support (*and the support of her family), such weekly sum, not exceeding four pounds, as may be in accordance with your means and any means the Complainant may have.

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

Dated this.......day of.........................., 19....

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

Justice of the District Court assigned to said District,

Peace Commissioner or District Court Clerk.

To

The above-named Defendant

who *resides/carries on business

at

within said District Court Area and District.

*Strike out words not applicable.

UPON application this day by the Complainant, a married woman residing at ............................................, (in the said District Court Area and District) and on hearing what was offered on behalf of the said Complainant and the Defendant respectively and being satisfied that the Defendant who (resides/carries on business in the said District Court Area and District) being able wholly or in part to maintain his wife the said Complainant (*and her family) has wilfully refused and neglected so to do and has deserted the said Complainant.

THE COURT doth hereby Order that the Defendant do pay to his wife, the said Complainant, the weekly sum of £.............., which weekly sum the Court considers to be in accordance with the means of the Defendant and with any means the said Complainant may have, for the support of the said Complainant (*and the support of her family) the first of such weekly payments to be made on the ..............day of ....................., 19....

Dated this.........day of..............., 19....

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

Justice of the District Court assigned to said District.

*Strike out words not applicable.

You are hereby required to attend at.......o'clock in the .......noon on the.......day of................., 19...., at the sitting of the District Court to be held at...........................for the said District Court Area upon the hearing of an application on behalf of Complainant to have an Order dated the......day of ........., 19...., made in this matter by the District Court sitting at................, ..........................., in the said District Court Area, varied as provided by Section 7 of the Enforcement of Court Orders Act, 1940 , or for such other relief as to the Court in the circumstances may seem meet, and for the costs of the application.

Dated this........day of................, 19....

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

Justice of the District Court assigned to said District,

Peace Commissioner or District Court Clerk.

To

of

the above-named Defendant.

You are hereby required to attend at........o'clock in the......noon on the.......day of.................., 19...., at the sitting of the District Court to be held at..........................for the said District Court Area upon the hearing of an application on behalf of the Defendant to have an Order dated the..........day of.............., 19...., made in this matter by the District Court sitting at................, in the said District Court Area, varied as provided by Section 7 of the Enforcement of Court Orders Act, 1940 , or for such other relief as to the Court in the circumstances may seem meet, and for the costs of the application.

Dated this........day of ................., 19....

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

Justice of the District Court assigned to said District,

Peace Commissioner or District Court Clerk.

To

of

the above-named Complainant.

WHEREAS by an Order dated the........day of...................,.. 19...., made by the District Court sitting at...................., for the said District Court Area, the Defendant was directed to pay to the Complainant, his wife, a weekly sum of................. for her support (*and the support of her family)

AND WHEREAS proof has been given of due service upon the Defendant of the Summons herein dated the..........day of................, 19....

NOW upon the application of the Complainant and upon proof that the means of the *Defendant/Complainant have been altered in amount since the said Order dated the..........day of..............., 19...., was made

THE COURT doth hereby Order that the said Order dated the.......day of..................., 19...., be varied by increasing the weekly sum to be paid by the Defendant to £.........., the first of such increased payments to be made on the........day of............., 19....

Dated this........day of............., 19....

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

Justice of the District Court assigned to said District.

*Strike out words not applicable.

WHEREAS by an Order dated the........day of.............., 19....., made by the District Court sitting at..................., for the said District Court Area, the Defendant was directed to pay to the Complainant, his wife, a weekly sum of.............for her support (*and the support of her family)

AND WHEREAS proof has been given of due service upon the Defendant of the Summons herein dated the........day of.................., 19....

NOW upon the application of the Defendant and upon proof that the means of the *Defendant/Complainant have been altered in amount since the said Order dated the......day of................., 19...., was made

THE COURT doth hereby Order that the said Order dated the..........day of............, 19...., be varied by reducing the weekly sum to be paid by the Defendant to £.........., the first of such reduced payment to be made on the........day of..........., 19....

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

Justice of the District Court assigned to said District.

*Strike out words not applicable.

Information and Complaint made upon Oath and in writing before me, the undersigned Justice, this.......day of................., 19..,.. by one............................., of ....................................in the said District who saith as follows:--

*[On the..........day of................., 19...., an Order was made in this Court under the provisions of Section 1 of the Married Women (Maintenance in Case of Desertion) Act, 1886, as amended by the above-mentioned Act, whereby .................................., of ..............................., the above-named Defendant, was ordered to pay to me a weekly sum of...........for my support (and the support of my family)]. *[On the................. day of................. 19.... an Order was made in this Court under the provisions of section 3 of the Illegitimate Children (Affiliation Orders) Act, 1930 , whereby ................ of .............................., the above named Defendant, was ordered to pay to...............the *(weekly) sum of....................]. The payments directed to be made by the said Order have not been made according thereto by the said Defendant, and there is now in arrear in respect of the same the sum of £............., being the amount of..............weekly payments, which have become due and payable within the six months immediately preceding this date.

I pray that a Warrant for the apprehension of the said Defendant may issue.

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

Informant

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

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

Justice of the District Court assigned to said District.

*Strike out whichever not required.

WHEREAS information and complaint were made upon Oath and in writing to me ...................................., a Justice of the District Court assigned to said District, on the.........day of......................., 19...., by one............................., of..............................., in said District, the above-named Complainant that on the.........day of................., 19...., an Order was made by this Court under the Married Women (Maintenance in Case of Desertion) Act, 1886, [or the Illegitimate Children (Affiliation Orders) Act, 1930 .] whereby.........................................................., the above-named Defendant, was ordered to pay to the Complainant the weekly sum of............, for the support of the Complainant (and the support of her family) and that the said sum has not been duly paid.

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

Dated this......day of................, 19....

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

Justice of the District Court assigned to said District.

To

the above-named Defendant

of

WHEREAS information and complaint have been made upon OATH and in writing before me,.....................................,..a Justice of the District Court assigned to said District, this........ day of....................., 19...., by one............................, of..............................., in the said District, the above-named Complainant, that on the........day of............., 19.... an Order was made by this Court under the Married Women (Maintenance in Case of Desertion) Act, 1886, [or the Illegitimate Children (Affiliation Orders) Act, 1930 ,] whereby....................................................., the above-named Defendant was ordered to pay to the Complainant the weekly sum of............., for the support of the Complainant (and the support of her family) and that the payments directed to be made by the said Order have not been made according thereto by the Defendant and there is now in arrear for the same the sum of £......., being the amount of................weekly payments, which have become due and payable within the six months immediately preceding this date.

NOW THIS IS TO COMMAND YOU to whom this Warrant is addressed forthwith to apprehend the said............................, and convey him before me or some other of the Justices of the District Court assigned to said District to answer the premises and be dealt with according to law.

Dated this.......day of.............., 19....

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

Justice of the District Court assigned to said District.

To the Superintendent of the

Garda Síochána at......................................

and his assistants.

WHEREAS Complaint upon oath and in writing was on the........day of....................., 19..., made to a Justice of the District Court assigned to said District, that an Order was made on the...........day of..................., 19...., at..................... within said Court Area and District under the Married Women (Maintenance in Case of Desertion) Act, 1886 (or Illegitimate Children (Affiliation Orders) Act, 1930 ), directing..................................., of.........................................., (hereinafter called the Defaulter) to pay the weekly sum of........., and that of the said weekly sums which had become payable within the six months immediately preceding the date of the said Complaint by virtue of the said Order, the sum of £......., had not been duly paid.

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

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

AND WHEREAS upon hearing the Applicant and the Defaulter and such evidence as they have respectively adduced, I am satisfied that of the said weekly sums which have become payable by virtue of the said Order of the..........day of................., 19...., with the six months immediately preceding the making of such Complaint, the sum of £.........., has not been duly paid.

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

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

Dated this........day of...................., 19....

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

Justice of the District Court assigned to said District.

To the Superintendent of the

Garda Síochána at...............

and his assistants.

*Strike out paragraph not required.

WHEREAS Complaint upon oath and in writing was, on the.......day of................., 19...., made to me, a Justice of the District Court assigned to said District, that an Order was made on the........day of..............., 19...., at..........................., within the said Court Area and District under the Married Women (Maintenance in Case of Desertion) Acts, 1886 (or Illegitimate Children (Affiliation Orders) Act, 1930 ), directing................................, of.........................., (hereinafter called the Defaulter) to pay the weekly sum of £............and that of the said weekly sums which had become payable within the six months immediately preceding the date of the said Complaint by virtue of the said Order, the sum of £................. had not been duly paid.

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

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

AND WHEREAS upon hearing the Applicant and the Defaulter and such evidence as they have respectively adduced, I am satisfied that of the said weekly sums which have become payable by virtue of the said Order of the.......day of.................., 19...., within the six months immediately preceding the making of such Complaint, the sum of £.......... has not been duly paid.

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

This Warrant to be returned in........days if not executed.

Dated this.......day of.................., 19....

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

Justice of the District Court assigned to said District.

To all Sheriffs and County Registrars.

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

Sheriff/County Registrar of the said County.

The sum to be levied hereunder is £............................................................ ...............................................

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

Sheriff/County Registrar.

*Strike out paragraph not required.

BE IT REMEMBERED that on the.....day of............., 19...., A.B............................................................ ..............., of*............................................................ ., C.D............................................................ ..................................................., of*............................................................ ., and E. F............................................................ ..........................................., of*............................................................ ., personally came before me, the undersigned, 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 written.

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

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

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

Taken and acknowledged the day and year first above written at............................., in the District aforesaid.

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

Justice of the District Court assigned to said District

or Peace Commissioner.

*Address and description.

The condition of the above-written recognisance is such that whereas by Order dated the........day of................., 19...., and made by.............................., a Justice of the District Court, it was directed that the sum of £............be levied by distress and sale of goods of the said A.B........................, and the said Justice has required the said A.B........................, to enter into this recognizance to appear before the said Justice on the.......day of..............., 19...., if the said sum of £...................be not previously discharged in full either as a result of such levy as aforesaid or otherwise, if, therefore the said A.B...................., will appear and attend in person before the said Justice at the opening of the District Court to be held at............................., on the........day of........................, 19...., if the said amount of £............, be not previously discharged in full either as a result of such levy as aforesaid or otherwise, and 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, then the said recognisance to be void, or else to stand in full force and effect.

I certify that the said................................., has not performed the above obligation.

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

Justice of the District Court assigned to said District.

Dated this.................day of......................................, 19...

I, a Justice of the District Court, 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.....................................

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

Justice of the District Court assigned to said District.

Dated this............day of...................., 19...

WHEREAS a complaint upon oath and in writing was, on the........day of..............., 19...., made to me....................., a Justice of the District Court assigned to said District, that an Order was made on...........day of.........................., 19...., at.....................................under the Married Women (Maintenance in Case of Desertion) Act, 1886 [or Illegitimate Children (Affiliation Orders) Act, 1930 ], directing.......... of............................................................ ..............., (hereinafter called the Defaulter) to pay the weekly sum of........... and that of the said weekly sums which had become payable within the six and months immediately preceding the date of the said Complaint by virtue of the said Order, the sum of £.............., had not been duly paid.

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

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

AND WHEREAS, upon hearing the Applicant and the Defaulter and such evidence as they have respectively adduced, I was satisfied that of the said weekly sums which have become payable by virtue of the said Order of the.......day of........................., 19....., within the six months immediately preceding the making of such complaint the sum of £.............. had not been duly paid and I did thereupon direct that the said sum of £................., together with the sum of £..................., costs of the said application be levied by distress and sale of the goods of the Defaulter and further did require the Defaulter to enter into a Recognisance himself in £.................. with two solvent sureties in £.................... each to appear before me sitting at the District Court at..................................., aforesaid, on the.......day of........................., 19...., at.......o'clock in the.......noon or any adjournment thereof unless the said sum of £.............. and £.............. costs should previously have been discharged in full either as a result of such levy or otherwise.

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

THIS IS TO COMMAND YOU, to whom this Warrant is addressed, to lodge the Defaulter, the said..................................., in the Prison at..................................., there to be detained by the Governor of the said Prison until the said....... day of.............., 19....., when he shall have him at the District Court at........................., aforesaid at the said hour unless he (the Defaulter) be previously released from custody in pursuance of the provisions of Section 8 of the Enforcement of Court Orders Act, 1940 .

Dated this........day of...................., 19....

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

Justice of the District Court assigned to said District.

To the Superintendent of the

Garda Síochána at..............................

and his assistants.

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

" if while the defaulter is so in custody either--

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

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

*Strike out paragraph not required.

WHEREAS a complaint upon oath and in writing was on the.......day of.............., 19.... made to me, a Justice of the District Court assigned to the said District, that an Order was made on the.......day of.............., 19...., at....................., under the Married Women (Maintenance in Case of Desertion) Act, 1886 [or Illegitimate Children (Affiliation Orders) Act, 1930 ], directing.............. of..........................................................., (hereinafter called the Defaulter) to pay the weekly sum of............., and that of the said weekly sums which had become payable within the six months immediately preceding the date of the said complaint by virtue of the said Order, the sum of £............... had not been duly paid.

*AND WHEREAS, upon the applicantion of.........................., the person to whom the said sums are payable under the said Order (hereinafter called the Applicant), I, the said Justice, did cause the Defaulter by Warrant to be brought before me sitting at....................., aforesaid on the.......day of.............., 19...

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

AND WHEREAS upon hearing the Applicant and the Defaulter and such evidence as they respectively adduced, I was satisfied on the....... day of .............., 19..., that of the said weekly sums which had become payable by virtue of the said Order of the.......day of............., 19..., within the six months immediately preceding such complaint the sum of £................ had not been duly paid.

AND WHEREAS I directed that the said sum of £.......... together with the sum of £............ for Costs of said proceedings be levied by distress and sale of the goods of the Defaulter, AND I DID FURTHER REQUIRE the Defaulter to enter into a Recognisance with sureties to appear before me, the said Justice, sitting at........................................, aforesaid on this date if the said sums had not previously been discharged in full either as a result of such levy or otherwise and the Defaulter not having complied with such requirement, I did order him to be detained in custody and brought before me sitting at........................................................., this day unless previously released from custody in pursuance of section 8 of the Enforcement of Court Orders Act, 1940 .

*AND WHEREAS the Defaulter subsequently entered into such recognizance as aforesaid and was discharged from custody and has duly appeared before me this day.

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

AND WHEREAS the Defaulter has not shown to my satisfaction that the failure to discharge the said amount was due neither to his wilful refusal nor to his culpable neglect.

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

Dated this........day of.................................., 19....

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

Justice of the District Court assigned to said District.

To the Superintendent of the

Garda Síochána at...................................

and his assistants.

* Strike out paragraph/paragraphs not required.

SCHEDULE OF COSTS

COSTS IN RELATION TO INSTALMENT ORDERS

In proceedings under the Enforcement of Court Orders Acts, 1926 and 1940, the following scale of Solicitors' Costs shall apply to Instalment Orders, and shall in every instance be exclusive of and in addition to all actual and necessary outlay :--

EXPLANATORY NOTE

These Rules, which come into operation on the 1st March, 1962, revoke the existing rules relating to Affiliation, Maintenance and Enforcement of Court Orders and provide new rules governing the practice and procedure in these proceedings.