25/07/1923: Criminal Injuries Rules - 1923

COUNTY COURTS (IRELAND).RULES OF COURT.

WHEREAS, by an Act of 40 and 41 Vic., c. 56, intituled "The County Officers and Courts (Ireland) Act, 1877," section 9, it is enacted that the Lord Chancellor, with the concurrence of the County Court Judges and Chairmen of Quarter Sessions in Ireland, or any five of them to be selected or nominated as in the said Act is provided, may make Rules and Orders for regulating the proceedings in and practice of the Civil Bill Courts in Ireland, and for prescribing the forms of proceedings, and for the several other purposes in the said Act mentioned, and otherwise for carrying the said Act into execution ; and may from time to time amend such Rules, Orders, and Forms, and that every such Rule, Order, and Form, certified under the hands of the Lord Chancellor and any five of such Judges and Chairmen, shall take effect from and after such day as shall be therein named.

And whereas under the joint operation of an order in Council dated the 27th day of September, 1921 (Adaptation of Enactments Order) and Article 75 of the Constitution, all the power and authority given to the Lord Chancellor by the said section became and is now vested in the Lord Chief Justice.

And whereas at a meeting of the said County Court Judges duly convened for the purpose, the following five of them that is to say:— His Honor Judge Charles F. Doyle; His Honor Judge William J. Johnston; His Honor Judge William H. Brown; His Honor Judge Patrick D. Fleming, and His Honor Judge John Cusack were selected to frame Rules, Orders, and Forms as aforesaid.

And whereas by the Local Government (Ireland) Act, 1898, s. 5, ss. 7, it is enacted that Rules of Court may regulate the practice and procedure under that section including costs, and the service of all preliminary notices and the time within which proceedings are to be had or taken.

And whereas by the Damage to Property (Compensation) Act, 1923 , s. 19, it is enacted that the power to make rules of Court for the purpose of s. 5 of the Local Government (Ireland) Act, 1898, shall extend to the making of Rules for the purposes of that Act.

Now I, the Right Honorable Thomas Francis Molony, Lord Chief Justice of Ireland, with the concurrence of the said Judges as testified by their signatures hereto, in pursuance of the powers given by the said recited Acts, and of all other powers, us enabling, do hereby make and certify the rules and forms hereinafter set forth as the rules and forms to be used and be enforced in proceedings in the County Courts under s. 5 of the Local Government (Ireland) Act, 1898, and the Damage to Property (Compensation) Act, 1923 , and do hereby further certify that on account of urgency the said rules and forms should come into immediate operation as provisional rules.

Dated this 25th day of July, 1923.

THOMAS F. MOLONY, L.C.J.

CHARLES F. DOYLE.

W. J. JOHNSTON.

WILLIAM H. BROWN.

PATRICK D. FLEMING.

JOHN CUSACK.

COUNTY COURTS (IRELAND).

RULES OF PROCEDURE AS TO COMPENSATION FOR CRIMINAL INJURIES UNDER THE LOCAL GOVERNMENT (IRELAND) ACT, 1898, AND THE DAMAGE TO PROPERTY (COMPENSATION) ACT, 1923 .

PART I.

IN REFERENCE TO INJURIES COMMITTED AFTER THE 20TH MARCH, 1923, AND GENERALLY.

Rule 1.—All applications for compensation for criminal injuries under Sec. 5 of the Local Government (Ireland) Act, 1898, shall be heard at the ordinary sittings of the County Court for each Division of the County, or of the Recorder's Court for a County Borough.

Rule 2.—The application shall be made in the Division of the County where the injury was committed, except in cases coming within Section 140 of 6 and 7 Wm. 4th, c. 116, where the injury has been committed on the verge or within the distance of one mile of the boundary of any two or more counties. In such last-mentioned cases the application may be made in either or any one of such neighbouring counties, and shall be brought either in the Division where the injury was committed, or in the Division of the neighbouring county which is nearest to the place where the injury was committed. The Judge may adjourn the case from one Division to another, or from one Sessions to another. Provided that where the injury has been committed in the City of Dublin, or Cork, the application shall be made in the Recorder's Court of such city.

Application by Personal Representative in case of death.

Rule 3.—In cases where the criminal injury has caused the death of a person, the application shall be made by his legal personal representative: provided, however, that the preliminary notice hereinafter required may be served by or on behalf of some one or more ofhis next of kin.

Notice to be served within Seven Days.

Rule 4.—Within seven days from the commission of a criminal injury, the applicant, or some one acting on his behalf, shall in all cases cause a preliminary notice of his intention to apply to the Court for compensation to be served on the secretary and clerk, respectively, of the councils for the county and district where the injury was committed, and upon the officer in charge of the Civic Guard station nearest to the place where such injury was committed. Provided, however, that where the injury has been committed in the City of Dublin, the service of such preliminary notice shall be upon the Town Clerk and the Commissioner of Police for such City. Such preliminary notice shall give full particulars of the time and place when and where such injury was committed, the nature of the injuries, and whether to person or property or both, with details of the property injured or destroyed, and the amount of damage sustained. Such preliminary notice may be in the Forms Nos. 1 or 2 hereto annexed, or to the like effect.

Every Application to be by Notice.

Service.

Rule 5.—Every application to the Court for compensation for criminal injuries shall be by notice, which shall be in some one of the forms Nos. 3, 4, or 5 in the Schedule hereto, or to the like effect. Such notice shall be served upon the secretary and clerk, respectively, of the councils for the county and district within which the injury was committed. In case it is sought to apportion the compensation between or amongst two or more counties, the notice shall be addressed to and served on the secretary and clerk, respectively, of the councils of every county and district sought to be affected. Such notice shall be served within fifteen clear days before the first day of the sessions at which it is intended to have such application heard, and a copy thereof with the endorsement of the service thereof, shall be lodged with the clerk of the peace at least ten clear days before such sessions.

Rule 6.—The several notices hereinbefore and hereinafter mentioned may be served by registered letter, or in any of the modes in which an ordinary or equity civil bill may be served. Provided, however, that such service need not be effected by a civil bill officer.

Criminal Injuries Book.

Rule 7.—The clerk of the peace shall keep a book to be called the Criminal Injuries Book, in which he shall enter each application for compensation for criminal injury in the order in which it shall be received by him, and shall set out therein full particulars of each application, and shall enter therein ruling of the Judge in each case.

Rule 8.—Every Decree for compensation or Refusal to give compensation, shall state whether it is made with or without costs, and in case it is made with costs, the exact sum payable for costs (including witnesses' expenses) shall be inserted therein. The refusal may be in the Form No. 6, and the Decree may be in one of the Forms Nos. 7, 8, or 9 in the Schedule hereto, or to the like effect.

Rule 9.—The costs, including witnesses' expenses, as between party and party, shall be taxed by the clerk of the peace or registrar according to the scale set out in the Schedule hereto. Any party aggrieved by such taxation may appeal to the Judge and have the costs reviewed by him.

Rule 10.—Where not otherwise expressly provided by these Rule, the existing practice of the County Courts in equity cases shall apply to all applications for compensation for criminal injures.

Rule 11.—A summons for witnesses shall be in the Form No. 101 in the Schedule to the County Court Rules of 1890, or to the like effect.

Rule 12.—Non-compliance with any of these shall not render any proceedings void, unless the Court or Judge on appeal shall so direct, but the time may be extended, and the proceedings may be set aside, either wholly or in part, or may be amended or otherwise dealt with, in such manner and upon such terms as the Court or Judge on appeal may think just.

Rule 13.—Except in so far as different procedure or forms are prescribed in Part II of these Rules, all the Rules of Court in Part I of these Rules apply equally to Part II of these Rules.

Rule 14.—In the construction of these Rules, the term "Court" means County Court, and the term "Judge" means County Court Judge, and includes Recorder, and the term "Sessions" means the sittings of the Court, and the term "Secretary of County Council," includes the town clerk of any county borough.

Rule 15.—The Statutory County Court Rules under Section 5 of the Local Government (Ireland) Act, 1898, dated the 19th day of July, 1920, and the Rules amending the same, are hereby revoked.

Rule 16.—The powers of the Court or Judge under any rules of court made, whether before or after the 12th day of May, 1923, in pursuance of sub-section (7) of section 5 of the Local Government (Ireland) Act, 1898, (61 and 62 Vict., ch. 37), shall include, and be deemed to have included as from the 23rd day of December, 1920, power to extend or vary the time prescribed by any statute or statutory rules for making an application for compensation for criminal injuries, or for serving any notice, or for doing any other act, or taking any proceedings in relation to the application in any case where it appears to the Court or Judge that such extension or variation is just and reasonable for any cause whatsoever.

Rule 17.—These Rules shall be cited as the "Criminal Injuries Rules, 1923."

PART II.

IN REFERENCE TO INJURIES COMMITTED AFTER 11TH JULY, 1921, AND ON OR BEFORE 20TH MARCH, 1923.

Rule 18.—All applications under Part II of the Damage to Property (Compensation) Act, 1923 , shall be heard at the ordinary sittings of the County Court for each Division of the County, or of the Recorder's Court for a county borough, and in cases under section 2 of said Act, shall be heard in the Court of the Division in which the original decree or dismiss was pronounced.

Rule 19.—Applications for re-opening and re-hearing of a decree or dismiss under Section 2 of the said Act shall be made either by the applicant or by or on behalf of the Minister of Finance, and shall be by notice, which shall be in Form 10 in the Schedule hereto, or to the like effect. Such notice shall be served by the applicant on the Secretary to the Minister of Finance, and on the State Solicitor for the county in which the injury was committed, or by or on behalf of the Minister of Finance on the applicant; and a copy of such notice, with the endorsement of the service thereof, shall be lodged with the clerk of the peace for the county on or before the 12th day of August, 1923.

Rule 20.—If the compensation awarded by the decree sought to be re-opened under Section 2 of the said Act (hereinafter called "the former decree") was assigned, mortgaged or charged before the 1st day of January, 1923, and notice of such assignment, mortgage, or charge was duly given before the 6th February, 1923, to the county or county borough council, and if the property injured consisted wholly or partly of a building, a copy of the notice mentioned in the last preceding Rule shall be served on such assignee, mortgagee, or chargeant, ten clear days before the first day of the Sessions at which the application is listed for hearing.

Rule 21.—On any re-hearing under Section 2 of the said Act, the whole, or such part as the Judge may consider reasonable of the costs incurred by the applicant of or incidental to the previous application, may be added to the costs of such re-hearing.

Rule 22.—The time for lodging applications for compensation under the Criminal Injuries Acts in respect of an injury to which Part II of said Act applies is extended for three months after the passing of the said Act.

Rule 23.—The form of the decree under Section 2 of the said Act will be as in Form No. 12 in the Schedule hereto, or to a like effect. If there be added a full or partial reinstatement condition, the form will be modified accordingly, as the case may be, as indicated in said form.

Rule 24.—If, on the hearing of any application under the Criminal Injuries Acts for compensation in respect of injury to which Part II of said Act applies, the Judge is not satisfied that the provisions of Section 4 of said Act have been complied with, he shall adjourn the hearing of the application until such provisions have been complied with, and if such provisions are not complied with within one month after the date of the adjournment of the hearing, he shall dismiss the application, on such terms as to costs as he shall think fit.

Rule 25.—On any re-hearing to which Section 10 of the said Act applies, there may be attached to the decree one or other of the following conditions:—

(a) A "full reinstatement condition" that the compensation shall be applied either in or towards erecting a new building on the site of the injured building, or in or towards repairing the injured building;

(b) A "partial reinstatement condition" that the compensation shall be applied in or towards the erection on or near the site of the injured building a "substituted building" of a nature named by the applicant and specified in the decree, and differing from the nature of the injured building.

Such decrees may be in one or other of the Forms incorporated in Form 12 in the Schedule hereto, or to a like effect, with such variations as may be necessary.

Rule 26.—If the person by whom a "partial reinstatement condition" is to be performed seeks for an order to amend the "partial reinstatement condition" attached to the decree by substituting other buildings therein for the buildings originally specified in the decree, he may, within three months after the date of such decree, submit to the Judge a scheme for the application of the compensation to which such condition is attached in or towards the erection of other buildings in lieu of the "substituted building" specified in the decree. Such scheme shall be submitted to the Judge by a notice of motion in the Form No. 14 in the Schedule hereto, or to the like effect. Such notice shall be served on the Secretary to the Minister of Finance fifteen days before the first day of the Sessions at which the notice is to be heard, and a copy of such notice endorsed with such service shall be lodged with the clerk of the peace at least ten days before said Sessions.

Rule 27.—Where several persons have different interests in any injured building, notice of the application made to the Court (whether under Section 2 or Section 4), shall be served upon each of the persons so interested at least ten days before the sitting of the county court. Such notice shall be in the Form No. 15 in the Schedule hereto, or to the like effect. A copy of such notice, indorsed with the proper services, shall be lodged with the clerk of the peace four days before the first day of the Sessions. If all the requisite notices shall not have been served, the hearing of the application shall be adjourned until the provisions of this Rule shall have been complied with, and such order as to costs may thereupon be made as the Judge may think fit.

Rule 28.—In the event of an order being made under Section 12 of the said Act for the examination as witness of a person residing outside the limits of Saorstát Eireann, there shall be issued to the person before whom the evidence is to be taken under such order either a Commission or a Request. The said Commission or Request shall be in the form prescribed for use in the Supreme Court of Judicature by Appendix K, Numbers 14 and 15 of the Supreme Court of Judicature (Ireland) Rules, 1905, or to a like effect.

Rule 29.—In the event of the Minister of Finance desiring to pay any compensation into Court under the provisions of Section 13, sub-section (9) of said Act, he shall pay such moneys into the county court by which the decree awarding compensation was made, upon lodgment with the clerk of the peace of the county an affidavit setting out the particulars required under Section 42 of the Trustee Act, 1893, and sworn by some person who can depose to the facts. Notice of such lodgment shall be given by the Minister of Finance to such person or persons as may seem to him interested in the monies lodged.

Rule 30.—All applications under Section 15 of said Act shall be by notice, which shall be in one of the Forms Nos. 16 or 17 in the Schedule hereto annexed, or to the like effect. Such notice shall be served by the applicant on the Secretary to the Minister of Finance, and upon the State Solicitor of the county in which the wrongful act was committed; and a copy of such notice, with the indorsement of service upon it, shall be lodged with the clerk of the peace for the county.

Rule 31.—The Judge may, at the request of the applicant at any stage of the proceedings, treat an application lodged under Section 15 sub-section (1) as an application under the Criminal Injuries Acts for compensation for an injury to which Part II of the said Act applies, and deal with it accordingly; and may, at the request of the applicant at any stage of the proceedings, treat an application under the Criminal Injuries Acts for compensation for an injury to which Part II of the said Act applies as an application lodged under Section 15, sub-section (1), and deal with it accordingly.

Rule 32.—The State Solicitor shall, seven days before the opening of the Sessions, give notice, by advertisement or otherwise as he shall think fit, to the local authorities of all applications listed for hearing at the ensuing Sessions, and such notice shall be deemed sufficient notice to all local authorities who shall desire to appear at the hearing under Section 10 , sub-section (12).

Rule 33.—Except in cases within Sections 2 and 15 of the said Act, every application to the Court for compensation in respect of an injury to which Part II of the Act applies shall be by notice, which shall be in Form No. 11 in the Schedule hereto, or to the like effect, and shall be served on the same persons and in the same manner as is prescribed by Rule 30.

SCHEDULE OF FEES, COSTS, AND CHARGES AS BETWEEN PARTY AND PARTY IN APPLICATIONS FOR COMPENSATION FOR CRIMINAL INJURIES UNDER THE LOCAL GOVERNMENT (IRELAND) ACT, 1898, AND THE DAMAGE TO PROPERTY (COMPENSATION) ACT, 1923 .

TO THE APPLICANT'S SOLICITOR.

In all cases where the amount of compensation recovered does not exceed £5, the Judge shall allow such sum not exceeding £1 as he may think reasonable to cover all charges, exclusive of outlay.

In all cases where the amount of compensation recovered exceeds £5, but does not exceed £10, the Judge shall allow such sum not exceeding £1 10s. 0d. as he may think reasonable to cover all charges, exclusive of outlay.

In cases where the amount of compensation recovered exceeds £10, the following scale shall apply:—

TO RESPONDENT'S SOLICITORS.

In all cases where the amount of compensation claimed does not exceed £10, the Judge shall allow such sum not exceeding £1 as he may consider reasonable to cover all charges, exclusive of outlay.

In cases where the amount of compensation recovered exceeds £10, the following scale shall apply:—

If any other party than the respondents shall appear to oppose the application, his costs (if allowed by the Judge) shall be on the same scale as those provided for the respondents.

In addition to the foregoing fees, solicitors for the applicant or the respondents shall be allowed such sum for actual outlay as shall be vouched to the satisfaction of the clerk of the peace or registrar, and certified by him as necessary and proper. The increase of fifty per cent. to the costs and charges referred to in the rules under the County Officers and Courts Acts, 1877, dated the 1st day of July, 1920, shall be applicable to the above Schedule, and shall be taxable in respect of bills of costs under these rules.

COUNSEL'S FEES.

Where such sum exceeds £1,000, such fee, not less than £7 7s. 0d. nor exceeding £12 12s.0d., as the Judge shall deem reasonable, having regard to the importance or difficulty of the case.

SPECIAL ORDERS.

In all cases in which charges, costs and expenses have not been provided for in this Schedule, or in which, having regard to the work actually performed, or the peculiar or exceptional difficulty or complexity of the case, the allowances in this Schedule shall appear to the Judge to be inadequate, he may make a Special Order allowing such costs, charges and expenses as he may think just and reasonable : provided always that such special allowance shall in no case exceed one-third of the amount which the solicitor would otherwise have been entitled to for profit costs in the matter upon taxation.

FORMS.

Form No. 1.

FORM OF PRELIMINARY NOTICE OF APPLICATION FOR COMPENSATION FOR CRIMINAL INJURY TO PROPERTY.—See 6 AND 7 Wm. IV., c. 116, s. 35.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

To A. B.

The Secretary of the County Council of the County of

And C. D.

The Clerk of the District Council of

And the Officer in charge of the Civic Guard Station at

You and each of you are hereby requested to take notice that on the night of (date)      on the lands of

in the Parish of          and in the County District of

in the Division of    in the County

of            (Here give description of the property) being my property, and of the value of £ (a)   were wantonly and maliciously

(State nature of injury) whereby I have sustained a loss of and that it is my intention to apply to the County Court, to be held on the next, at

for the Division of in the County of     for the sum of (a)

for compensation for the loss sustained by me by reason of the said criminal injury done my property as aforesaid, and that the same may be levied off the County at large, or off such County or other District, Parish, Townland, or sub-denomination thereof, as the County Court Judge shall direct.

(a) Amount in writing.

(a) Amount in writing.

To be signed by applicant or his solicitor or some one on his behalf.

Form No. 2.

FORM OF PRELIMINARY NOTICE OF APPLICATION FOR COMPENSATION FOR CRIMINAL INJURY TO THE PERSON OF A WITNESS.—See 6 and 7 Wm. IV., c. 116, s. 106.

To:—A. B.

The Secretary of the County Council of the County of

And C. D.

The Clerk of the District Council of

And the Officer in charge of the Civic Guard Station at

You and each of you are hereby requested to take notice that on the   day of   A. B.

of       in the County of       being a person who had given evidence (or information) against     charged with an offence against the public peace, namely, was maimed previously to the trial of the said    (or on account of the evidence so given) at        in the County District of   and County of and that it is his intention to apply to the County Court to be held on the day of next at   for the Division of        in the County of      for the sum of pounds to be paid to him as compensation for the maiming aforesaid, or for such other sum as the County Court Judge shall think just and reasonable, and that the same may be levied off the County at large or off the County District aforesaid as the County Court Judge shall direct.

This notice to be signed by the applicant or his solicitor, or some one on his behalf.

NOTE:—Where the witness has been murdered, the foregoing form must be altered accordingly.

(a) Amount to be stated in writing.

Form No. 3.

FORM OF NOTICE OF APPLICATION TO THE COUNTY COURT FOR COM-COMPENSATION FOR CRIMINAL INJURY DONE TO PROPERTY.—See 6 and 7 Wm. IV., c. 116, s. 135, and Damage to Property (Compensation) Act, 1923 .

IN THE COUNTY COURT.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

in the morning following) on the lands of   in the Parish of    and in the County District of    in said County, did maliciously (Here state nature of injury and give description of property).

And whereas the said      were the property of who has thereby sustained loss to the amount of      pounds, shillings, and  pence.

Notice is hereby given that an application will be made by or on behalf of the said   to the County Court, at the Sessions to be held on the    day of next,     in and for the Division of       and County of       for compensation for the loss sustained by the said        by reason of the Criminal injury done to said property as aforesaid, and that the said application will be made in pursuance of the 135th section of the Grand Jury (Ireland) Act, 1836, and any Act extending same, and of the Local Government (Ireland) Act, 1898, and that the said compensation may be levied off the said County, or such county or other district, parish, townland or other denomination thereof, as the County Court Judge shall direct.

To:—A. B.

The Secretary of the County Council of the County of

To C. D.

The Clerk of the District Council of

This notice be signed applicant solicitor.

Form No. 4.

FORM OF NOTICE OF APPLICATION TO THE COUNTY COURT FOR COMPENSATION FOR CRIMINAL INJURY DONE TO PROPERTY UNDER SEC. 135 OF THE GRAND JURY (IRELAND) ACT, 1836, OR OF ANY ACT EXTENDING THE SAME, WHERE THE MALICIOUS INJURY HAS BEEN DONE WITHIN THE VERGE OF TWO OR MORE COUNTIES.— See 6 and 7 Wm. IV., c. 116, s. 140, and Damage to Property (Compensation) Act, 1923 .

IN THE COUNTY COURT.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

on the morning following) at        in the Parish of    and in the County District of Division of   and County of   and being within one mile distanceof the boundary of the Counties of       and   did maliciously (Here state nature of injury and give description of property)

And Whereas the said     was the property of     of whereby the said     has sustained loss to the amount of

Notice is hereby given that an application will be made by or on behalf of the said   to the County Court to be held on the    day of   next at   for the Division of in the County of     for compensation for the loss sustained by the said by reason of the criminal injury done his property as aforesaid, and that the said application will be made in pursuance of the 140th Section of the Grand Jury (Ireland) Act, 1836, and any Act extending the same, and of the Local Government (Ireland) Act, 1898, and that the said compensation may be levied off the said County of   and the said County of     or the said County Districts of     and     in such shares and proportions, or the parishes, townlands or other denominations thereof as the County Court Judge shall direct.

To:—A. B.

The Secretary of the County Council of

To C. D.

The Secretary of the County Council of

To E. F.

The Clerk of the District Council of

To G. H.

The Clerk of the District Council of

To:—M. N.,

State Solicitor for the County of

This notice to be signed by the Applicant or his Solicitor.

Amount to be stated in writing.

Form No. 5.

FORM OF NOTICE OF APPLICATION FOR COMPENSATION FOR CRIMINAL INJURY TO THE PERSON OF A MAGISTRATE, OR A PEACE OFFICER.—See 6 and 7 Wm. IV., c. 116, s. 106, and Damage to Property (Compensation) Act, 1923 .

IN THE COUNTY COURT.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

in the townland of      in the County District of     and County of A. B.    of

in the County of a Magistrate (or Peace Officer)

was maimed in the discharge of his duty, on account of his exertions

as a to bring disturbers of the public peace to

justice (or as the case may be).

And that it is his intention in pursuance of the provisions of the Grand Jury Act, Sec. 106, and of the Local Government Act, 1898, to apply at the sittings of the County Court to be held on the

day of next, at in and for the Division

of and County of for compensation for

the maiming he has sustained as aforesaid, and that the said compensation money be levied off the County at large, or off the County District in which the said maiming was perpetrated, at the discretion of the County Court Judge.

Signed:—

Applicant.

Solicitor for the Applicant.

This notice be signed by applicant or solicitor.

To:—A. B.

Secretary of the County Council of

To C. D.

Clerk to the District Council of

NOTE:—In the case of murder, the Form No. 9 can be suitably adapted.

Form No. 6.

FORM OF ORDER OF REFUSAL OF APPLICATION FOR COMPENSATION FOR CRIMINAL INJURY.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

and that the applicant has failed to prove his claim for such compensation, or any part thereof.

It is, therefore, decreed by the Court that the said Application be, and the same is hereby refused (with costs), and that       do recover against the applicant the sum of costs       of this order and expenses of witnesses, and the several sheriffs in Saorstát Eireann are hereby commanded, notwithstanding any liberty within their respective Bailiwicks, to enter the same, and take in execution the Applicant's goods to satisfy and pay the said costs and expenses.

in the year one thousand nine hundred and

Bailiffs, or either of them, and their assistants, to execute the above Order of Refusal.

Given under my hand and seal this     day of

in the year one thousand nine hundred and

Sheriff of the said County.

The sum to be levied hereunder is £

Sheriff.

(Seal).

Here set out nature of Application as in notice.

Form No. 7.

FORM OF DECREE FOR COMPENSATION FOR CRIMINAL INJURY TO PROPERTY.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

And it further appearing that the notice of such application was duly served on the Respondents and all other proper and necessary parries, and that the applicant had duly made or caused to be made the examination on oath required by the 137th section of the Grand Jury (Ireland) Act, 1836, and that all necessary preliminary notices had been served ; and having further found that the said sum of £    should be raised off the County at large, or off the District of    in said County.

It is therefore Ordered and Decreed by the Court that the applicant do recover from the Respondents   the said sum, together with the sum of £     for costs and expenses; and it is further ordered that said sum and costs and expenses be raised by the Respondents off the County at large (or the County District of as the case may be).

Here state nature of notice.

Form No. 8.

FORM OF DECREE FOR COMPENSATION FOR CRIMINAL INJURY TO PROPERTY WHEN THE INJURY HAS BEEN DONE WITHIN THE VERGE OF TWO OR MORE COUNTIES.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

(a) Amount to be in sitting.

(b) Here statenature of clainm as in notice.

Or as the case may be.

And it further appearing that the notice of such application was duly served on the respondents and all other proper and necessary parties, and that the applicant had duly made or caused to be made the examination on oath required by Section 137 of the Grand Jury (Ireland) Act, 1836, and that all necessary preliminary notices had been served.

And the Court having examined into the matter of such application, and having found that the applicant is entitled to the sum of  pounds as compensation for the injuries complained of, and having further found that £     being portion of the said sum of £  should be raised off the County of   (or off the County District of  in said. County) : and that the sum of £  being the remaining portion of the above said sum of £   should be raised off the County of    (or as the case may be).

It is therefore Ordered and Decreed by the Court that the applicant do recover from the respondents the County Council of    the said sum of £   and from the respondents the County Council of   the said sum of £   and do recover from the respondents the County Council of     the further sum of £ for costs and expenses, and from the County Council of     the further sum of £   for costs and expenses.

Form No. 9.

FORM OF DECREE FOR COMPENSATION FOR CRIMINAL INJURY TO THE PERSON.

(a) Here state nature of as in notice

And it further appearing that notice of such application was duly served on the Respondents and all other proper and necessary parties, and the Court having duly examined into the matter of such application, and having found that the applicant is entitled to the sum of £    as compensation for the injuries complained of, and having further found that the said sum of £       should be raised off the County at large, or off the County District of in          said County

It is therefore Ordered and Decreed by the Court that the applicant do recover from the Respondents   the said sum, together with the sum of   for costs and expenses ; and it is further ordered that the said sum and costs and expenses be raised by the Respondents off the County at large (or the County District of as the case may be).

Form No. 10.

FORM OF NOTICE BY THE APPLICANT, OR BY THE MINISTER OF FINANCE, TO RE-OPEN A DECREE UNDER SECTION 2 SUB-SECTION (1) OF THE DAMAGE TO PROPERTY (COMPENSATION) ACT, 1923 .

IN THE COUNTY COURT.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

in the County of   will, pursuant to the provisions of the Local Government (Ireland) Act, 1898, and of Section 2 of the Damage to Property (Ireland) Act, 1923, apply at the next Sittings of the County Court to be held at     in and for the Division of   and County of, for an order that the former decree (dismiss) be re-opened, and that the claim of the said  to be paid the sum of £   for compensation for the said injury be re-heard.

Here set out grounds on which the application is made.

Particulars of the application are set forth in the Schedule hereto. Further take notice that the grounds on which the application for a re-hearing is made are :—

SCHEDULE OF PARTICULARS.

1. Description of property injured .. ..

2. Date of former decree   .. .. .. ..

3. Amounts awarded   .. .. .. ..

4. By whom decree made   .. .. .. ..

5. Date of Injury   .. .. .. .. ..

6. Nature of Injury   .. .. .. .. ..

7. Circumstances in which injury sustained..

8. Name and address of Applicant's Solicitor..

9. Orders on appeal    .. .. .. ..

10. The persons by whom, or on whose behalf, and in what Courts the application was opposed

11. Particulars of any assignment, mortgage or charge       . .. .. .. .. .. ..

12. Particulars of notices of any such assignment, mortgage or charge, and dates of service of such notices            .. .. .. ....

13. What, if any, reinstatement of the building does the applicant propose to carry out   ..

To :—

The Secretary,

Ministry of Finance,

Upper Merrion Street, Dublin.

To The State Solicitor for the County or County Borough of

(Or if served by the Minister of Finance)

To A. B. of          the Applicant.

Form No. 11.

FORM OF NOTICE OF APPLICATION TO THE COUNTY COURT FOR COMPENSATION FOR CRIMINAL INJURY DONE TO PROPERTY AFTER 11TH JULY, 1921, AND ON OR BEFORE THE 20TH MARCH, 1923.— See Damage to Property (Compensation) Act, 1923 , ss. 3 and 4.

IN THE COUNTY COURT.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

at   in the said County, did maliciously

(Here state nature of injury and describe property)

And whereas the said   were the property of      who has sustained loss to the amount of £

Notice is hereby given that an application will be made by or on behalf of the said   to the County Court .

at the Sessions to be held on the    day of              next, at  in and for the Division of    and County of    for compensation for the loss sustained by the said by     reason of the criminal injury done the said property as aforesaid, and that the said application will be made in pursuance of 135th Section of the Grand Jury (Ireland) Act, 1836, and any Act extending the same, and of the Local Government (Ireland) Act, 1898.

To:—

The Secretary of the Minister of Finance,

Upper Merrion Street, Dublin,

and

The State Solicitor for the County of

Form No. 12.

FORM OF DECREE FOR COMPENSATION FOR CRIMINAL INJURY AFTER A RE-OPENING AND RE-HEARING OF A FORMER DECREE. SEE Damage to Property (Compensation) Act, 1923 , section 2.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

It appearing that    of    in the County of   caused an application to be made to the Court under the provisions of the Damage to Property (Compensation) Act, 1923 , for a re-opening of the former Decree made the   day of  19 , in favour of A. B.  of      for the sum of £   and £   costs, and for a re-hearing of the application of the said A. B.     for compensation for the injury to his property, viz.:—(here specify fully the injury,

committed on the    day of

And it further appearing to the Court that the notice of such application was duly served on and all proper and necessary parties.

And the Court having duly examined into the matter of such application, and having found that      is entitled to the sum of £  as compensation for the injuries complained of

It is therefore Ordered and Decreed by the Court, and it is hereby declared that the said sum of £     for compensation for the injuries complained of, and the further sum of £for costs and expenses of this application, and the further sum of £   for costs and expenses of the former hearing, are now payable to the said A. B.       (a) (subject, however, to the condition that the said sum of £    hereby awarded for compensation shall be applied in or towards erecting a new building on the site: or in or towards repairing the injured building).

(b) (subject, however, to the condition that the said sum of £  hereby awarded for compensation shall be applied in or towards the erection on or near the site of the injured building of another building. (Here specify the nature of the substituted building).

(a) If the Decree is made subject to a full reinstatement condition as in S. 10, ss. (1) (i) continue as in brackets, according to the circumstances.

(b) If the Decree is made subject to a partial reinstatement condition, continue as in brackets in regard to a " substituted building " of a nature to be specified in the decree.

Form No. 13.

FORM OF DECREE FOR COMPENSATION FOR CRIMINAL INJURY ON AN APPLICATION BROUGHT AFTER THE PASSING OF THE DAMAGE TO PROPERTY (COMPENSATION) ACT, 1923 , IN RESPECT OF AN INJURY WITHIN PART II OF SAID ACT.

It appearing that A. B.    of     in the County of   caused an application to be made to the Court under the provisions of the Local Government (Ireland) Act, 1898, at these present Sittings, for the sum of £ to be paid to him as compensation for that (state nature of claim as in notice).

And it further appearing that notice of such application was duly served on the Secretary of Minister of Finance, and all other proper and necessary parties : and the Court having duly examined into the matter of such application, and having found that the applicant is is entitled to the sum of £  as compensation for the injuries complained of.

It is therefore Ordered and Decreed by the Court and it is hereby declared that the said sum of £ for compensation for the injury complained of, and the further sum of £ for costs and expenses of this application, are now payable to the said A. B.

Form No. 14.

FORM TO SUBMIT A SCHEME TO THE JUDGE WITHIN THREE MONTHS AFTER THE DATE OF A PARTIAL REINSTATEMENT DECREE. See Sec. 10. ss. (1) (ii)

IN THE COUNTY COURT.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

  19   in favour of

of    in the County of       granting

compensation for an injury to   committed on

the      day of    19 a partial re-instatement condition, viz.:—

And whereas    the person by whom said  condition is to be performed, is desirous of submitting to the Judge a Scheme under Sec. 10, sub-s. (1) (ii) for the application of the compensation moneys in or towards the erection of buildings other than the " substituted building " mentioned in said Decree, which Scheme is as follows, that is to say :—In lieu of applying the compensation money upon    at

in the County      of the compensation moneys to be applied in or towards the erection of      at

in the County of

Set out Scheme particularly.

Take Notice that application will be made on the     day of      next, to the County Court Judge at the next ensuing sessions to be held at   for the Divisions of and County of        for an order amending the partial re-instatement condition attached to said Decree by substituting the buildings mentioned in the aforementioned Scheme for the " substituted building " in said Decree.

To:—

The Secretary of the Ministry of Finance,

Upper Merrion Street, Dublin.

The State Solicitor for the County of

Set out Scheme particularly.

Form No. 15

FORM NOTIFYING THE SEVERAL PERSONS INTERESTED IN ANY INJURED BUILDING OF THE APPLICATION TO THE COURT TO RE-OPEN AND RE-HEAR THE FORMER DECREE MADE IN RESPECT OF AN INJURED BUILDING.

Damage to Property (Compensation) Act, 1923 , Sec. 10, ss. (8) and (9).

IN THE COUNTY COURT.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

served by     of     in the County of     of an application under Sec. 2 of the Damage to Property (Compensation) Act, 1923 , to the Judge to re-open and re-hear the former Decree dated the  day of  19   in respect of the injury to a building at in the said Division and County, and that you are hereby required to appear on the hearing of said application, if so advised : And further take notice that if you fail to appear on the said hearing, such order may be made by the Judge in your absence on any of the following matters as may appear to him just and reasonable, that is to say:—

(a) Apportionment of compensation moneys amongst the persons interested in the building in such proportions as he thinks fit.

(b) Cancellation or variation of any of the covenants and conditions contained in any lease under which the injured building is held.

(c) Granting the compensation to the owners of such one or more of these interests as the Judge thinks right.

(d) Cancellation and variation of any of the terms of and the covenants and conditions contained in every or any lease under which the buildings are held.

(e) Termination and cancellation of any such lease.

To:—

A.B. of

C.D. of

E.F. of

Form No. 16.

FORM OF APPLICATION UNDER SEC. 15, WHERE A LOSS HAS BEEN SUSTAINED BY A WRONGFUL ACT TO WHICH SUB-SECTION (9) APPLIES.— Damage to Property (Compensation) Act, 1923 .

IN THE COUNTY COURT.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

of   on the       day of             19 suffered loss to the amount of £    by a wrongful act to which Section 15 of the Damage to Property (Compensation Act, 1923 , applies. The said wrongful act consisted in the (destruction of his (a)      ) (taking away of his chattels without his consent, that is to say (b) and the taking away of said chattels was committed by a person or persons (c).

Notice is hereby given that an application will be made by or on behalf of the said A. B.  to the County Court at the next Sessions to be held on the  day of  next at  in and for the Division of  and County of    for compensation under the Criminal Injuries Acts in respect of such loss.

To:—

The Secretary of the Ministry of Finance.

Upper Merrion Street, Dublin.

The State Solicitor for the County of

(a) Describe property destroyed.

(b) Describe chattels carried away.

(c) Continue as in Sec. 15, ss. (9) (d), and as in one or other of statements set out in (i.) (ii.) or (iii.).

Form No. 17.

FORM OF APPLICATION UNDER SECTION 15 WHERE THE LOSS HAS BEEN SUSTAINED BY THE DESTRUCTION OR DAMAGE TO PROPERTY IN THE COURSE OF A CONFLICT TO WHICH SUB-SECTION 10 APPLIES.

of

IN THE COUNTY COURT.

LOCAL GOVERNMENT (IRELAND) ACT, 1898.

in the course of (as an incident in) a conflict between the armed forces of the Provisional Government of Ireland (the Government of Saorstát Eireann and persons offering armed resistance to such forces.

Notice is hereby given that an application will be made by or on behalf of the said A. B. to the County Court Judge at the next Sessions to be held on the     day of 19  at  in and for the Division of and County of   for compensation under the Criminal Injuries Acts in respect of such loss.

To:—

The Secretary of the Ministry of Finance.

The State Solicitor for the County of