14/11/1933: The Damage to Property (Compensation) (Amendment) Act, 1933 - Rules Of Procedure

SAORSTÁT EIREANN. THE RULES OF PROCEDURE AS TO COMPENSATION FOR INJURIES TO PROPERTY UNDER THE CRIMINAL INJURIES ACTS AND THE DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933

I, PADRAIG RUITHLEIS, Minister for Justice, in virtue of the powers conferred upon me by Section 66 of the Courts of Justice Act, 1924 , and of all other powers enabling me in this behalf, with the concurrence duly obtained of the Minister for Finance and of a majority of the Committee constituted pursuant to the provisions of Section 65 of the said Act, do hereby make the annexed Rules of Court, to wit, the Rules of Procedure as to Compensation for Injuries to Property under the Criminal Injuries Acts and the Damage to Property (Compensation) (Amendment) Act, 1933 .

Dated this 14th day of November, 1933.

(Signed), PADRAIG RUITHLEIS,

Aire Dlí agus Cirt.

These Rules were laid on the Table of the Dáil on the 29th day of November, 1933, and the following Resolution was passed by the Dáil on the same date:—

"That the Dáil hereby approves of the Rules of Procedure as to Compensation for Injuries to Property under the Criminal Injuries Acts and the Damage to Property (Compensation) (Amendment) Act, 1933 , which were laid on the Table of the Dáil on the 29th day of November, 1933, and resolves that it is expedient that the said Rules shall come into operation on the 1st day of January, 1934."

These Rules were laid on the Table of An Seanad on the 6th December, 1933, and the following Resolution was passed by the Seanad on the 7th day of December, 1933:—

"That Seanad Eireann hereby approves the Rules of Procedure as to Compensation for Injuries to Property under the Criminal Injuries Acts and the Damage to Property (Compensation) (Amendment) Act, 1933 , a copy of which was laid on the Table of the Seanad on the 6th day of December, 1933, and resolves that it is expedient that the said Rules shall come into operation on the 1st day of January, 1934."

CIRCUIT COURT.

RULES OF PROCEDURE AS TO COMPENSATION FOR INJURIES TO PROPERTY UNDER THE CRIMINAL INJURIES ACTS AND THE DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933 .

Rule 1.—All applications under the Act of 1933 shall be heard at the ordinary sittings of the Court for each Circuit, and shall be made to a Judge for the time being assigned to the Circuit in which the injury to property, the injurious act, or the direct loss or damage occurred.

Rule 2.—The time for lodging applications for compensation under the Criminal Injuries Acts in respect of an injury to which the Act of 1933 applies is extended for three months after these Rules of Court come into operation.

Rule 3.—If, on the hearing of any application under the Criminal Injuries Acts for compensation in respect of an injury to which the Act of 1933 applies,the Judge is not satisfied that the provisions of Section 3 (2) of the 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 proper.

Rule 4.—All applications under the Act of 1933 shall be by notice, which shall be in one of the following Forms in the First Schedule to these Rules, or to the like effect:

Applications under paragraphs (a), (b) or (c) of Section 2 (1)—Form No. 1.

Applications under paragraph (d) or (f) of Section 2 (1)—Form No. 2.

Applications under paragraph (e) of Section 2 (1)—Form No. 3.

Applications under paragraph (g) of Section 2 (1)—Form No. 4.

In all cases, the notices shall be served by the applicant on the Minister for Finance and on the State Solicitor for the County in which the injury to property, the injurious act or the direct loss or damage occurred; and the original of such notice stamped in accordance with the Circuit Court (Fees) Order, 1931, or any order amending the same with the endorsement of such services upon it, shall be lodged with the County Registrar for the County. The notice of application shall be for the first sitting of the Circuit Court commencing after the expiration of thirty days from the last service thereof and shall be lodged with the County Registrar within twelve days after such last service.

Rule 5.—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.

Rule 6.—The form of the decree made on foot of applications within paragraphs (a), (b) or (c) of Section 2 (1) of the Act of 1933— shall be as in Form No. 5 in the Second Schedule to these Rules, or to the like effect.

Rule 7.—The report in writing of the Judge,prescribed by Section 15 of the Damage to Property (Compensation) Act, 1923 , as applied by the Act of 1933, made on foot of applications within paragraphs (d), (e), (f) or (g) of Section 2 (1) shall be in the Form No. 6 in the Second Schedule to these Rules, or to the like effect.

Rule 8.—The form of order of refusal of compensation made on any application under Section 2 (1) shall be in Form No. 7 in the Second Schedule to these Rules, or to the like effect.

Rule 9.—The Judge may, at the request of the applicant at any stage of the proceedings, treat an application lodged under paragraphs (d), (e), (f) or (g) of Section 2 (1) of the Act of 1933 as an application under the Criminal Injuries Acts for compensation for an injury to which paragraphs (a), (b) or (c) of the said sub-section apply, 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 paragraphs (a), (b) or (c) of the said sub-section apply as an application lodged under paragraphs (d), (e), (f) or (g) of the said sub-section and deal with it accordingly.

Rule 10.—Where several persons have different interests in any injured building, notice of the application made to the Court shall be served upon each of the persons so interested at least ten days before the first day of the sitting of the Court. Such notice shall be in the Form No. 8 in the Second Schedule to these Rules, or to the like effect. A copy of such notice, endorsed with the proper services, shall be lodged with the County Registrar four days before the first day of the sitting. 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 proper.

Rule 11.—In the event of the Minister for Finance desiring to pay any compensation into Court under the provisions of the Act of 1933, he shall pay such moneys to the County Registrar for the County in which the decree awarding, or the report recommending, compensation was made, upon lodgment with the County Registrar of the County of 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 for Finance to such person or persons as may seem to him interested in the monies lodged.

Rule 12.—The costs and fees specified in the scale set forth in the Second Schedule to these Rules shall be deemed and taken as the lawful fees, costs, charges and emoluments for the business therein provided for as between party and party, and no other fees, costs, charges or emoluments shall be recoverable therefor.

Rule 13.—In the construction of these Rules, the term "the Act of 1933" means the Damage to Property (Compensation) (Amendment) Act, 1933 ; the term "Court "means the Circuit Court; and the term "Judge" means the Circuit Judge.

Rule 14 .—The Circuit Court Rules for the time being in force shall apply so far as they are applicable and are not inconsistent with the provisions of the Act of 1933 or of these Rules.

FORM No. 1

FIRST SCHEDULE.

FORMS.

FORM OF NOTICE OF APPLICATION TO THE CIRCUIT COURT FOR COMPENSATION FOR INJURY DONE TO PROPERTY ON OR AFTER THE 24TH APRIL, 1916, AND ON OR BEFORE THE 12TH MAY, 1923, TO WHICH SECTION 2, SUB-SECTION (1) (a), (b)or (c) OF THE DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933 , APPLIES.

SAORSTÁT EIREANN.

AN CHUIRT BREITHIUNAIS CHUARDA

(CIRCUIT COURT OF JUSTICE).

at            , in the said County, did

(Here state nature of injury and describe property and give sufficient particulars to show whether the application is under Section 2 (1) (a), (b) or (c).)

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 Circuit Court, at the Sittings to be

held on the     day of     next, at      ,

in the County of            , for compensation for the loss sustained

by the said         by reason of the injury done the said property as aforesaid, and that the said application will be made in pursuance of the Criminal Injuries Acts and the Damage to Property (Compensation) (Amendment) Act, 1933 .

Dated the......................day of.................................., 193......

TO THE MINISTER FOR FINANCE,

Upper Merrion Street, Dublin; and

THE STATE SOLICITOR for the County of

FORM No. 2.

FORM OF NOTICE OF APPLICATION TO THE CIRCUIT COURT WHERE A LOSS HAS BEEN SUSTAINED BY AN INJURIOUS ACT TO WHICH SECTION 2, SUB-SECTION (1) (d) or (f), OF THE DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933 , APPLIES.

AN CHUIRT BHREITHIUNAIS CHUARDA

(CIRCUIT COURT OF JUSTICE).

on the     day of    , 19 , suffered

loss to the amount of £       by an injurious act to which paragraphs

(d) or (f) of sub-section (1) of Section 2 of the Damage to Property

(Compensation) (Amendment) Act, 1933, applies. The said injurious act consisted

in the taking away of his chattels, that is to say (a)     and the

said chattels were taken away by a person or persons (b).

Notice is hereby given that an application will be made by or on behalf of the said A. B., to the Circuit Court at the Sittings, to be held on the    day of    next, at

in the County of       , for compensation under the Criminal Injuries Acts and the Damage to Property (Compensation) (Amendment) Act, 1933 , in respect of such loss.

strike out (a) or (f) as the may be

Dated the...................................day of.............................................., 193 .

TO THE MINISTER FOR FINANCE,

Upper Merrion Street, Dublin; and

THE STATE SOLICITOR for the County of

(a) Describe chattels taken away.

(b) Continue as in Section 15, sub-section. (9) (d) of the Damage to Property (Compensation) Act, 1923 , and as in one or other of statements set out in (i), (ii) or (iii) thereof ; or as in (f) of Section 2 ss. 1 of the Damage to Property (Compensation) (Amendment) Act, 1933 .

FORM No. 3.

FORM OF NOTICE OF APPLICATION TO THE CIRCUIT COURT WHERE A LOSS HAS BEEN SUSTAINED BY THE DESTRUCTION OF OR DAMAGE TO PROPERTY IN THE COURSE OF A CONFLICT TO WHICH SECTION 2, SUB-SECTION (1) (e), OF THE DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933 , APPLIES.

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS CHUARDA

(CIRCUIT COURT OF JUSTICE).

on the    day of     , 19

suffered loss to the amount of £     by the destruction of (damage to)

his (a) 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.

And Whereas (b)

Notice is hereby given that an application will be made by or on behalf of the said A. B., , to the Circuit Judge at the Sittings to be held on the

day of next, at

in the County of , for compensation under the Criminal Injuries Acts and the Damage to Property (Compensation) (Amendment) Act, 1933 , in respect of such loss.

Dated the day of , 193 .

TO THE MINISTER FOR FINANCE,

Upper Merrion Street, Dublin ; and

THE STATE SOLICITOR for the County of

(a) Describe property destroyed or damaged.

(b) State whether application was lodged under Section 15 of the Damage to Property (Compensation) Act, 1923 , in respect of the loss, and, if so, whether such application was dismissed solely because of the provisions of paragraphs (a) or (b) of Section 9 of the said Act.

FORM No. 4.

FORM OF NOTICE OF APPLICATION TO THE CIRCUIT COURT WHERE DIRECT LOSS OR DAMAGE HAS BEEN SUSTAINED TO WHICH SECTION 2, SUB-SECTION I (c) OF THE DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933 , APPLIES.

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS CHUARDA

(CIRCUIT COURT OF JUSTICE).

of  on the   day of    19   , suffered loss

to the amount of £     by direct loss or damage to which paragraph (g)

of sub-section ( 1 ) of Section 2 of the Damage to Property (Compensation) (Amendment) Act, 1933 , applies. And whereas the said direct loss or damage consisted in (describe the direct loss or damage necessarily arising from interference with the applicant's property as outlined in Section 5, sub-section (1) and (3) of the Indemnity Act, 1924 ).

Notice is hereby given that an application will be made by or on behalf of the said A.B. to the Circuit Court at the next Sittings to be held on the

day of next, at in the County of  ,for    compensation under the Criminal Injuries Acts, and the Damage to Property (Compensation) (Amendment) Act, 1933 , in respect of such loss.

Dated the   day of    193

TO THE MINISTER FOR FINANCE,

Upper Merrion Street, Dublin, and

THE STATE SOLICITOR for the County of

FORM No. 5.

FORM OF DECREE FOR COMPENSATION ON AN APPLICATION BROUGHT UNDER THE DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933 ,IN RESPECT OF AN INJURY WITHIN SECTION 2 (1) (a) (b) or (c).

SAORSTAT EIREANN.

AN CHUIRT BHREITHIUNAIS CHUARDA.

(CIRCUIT COURT OF JUSTICE).

It appearing that A.B.    of    in the County

of     , caused an application to be made to the Court under the

provisions of the Criminal Injuries Acts, and the Damage to Property (Compensation) (Amendment) Act, 1933 , 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 Minister for 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 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.

Dated this     day of    193 .

County Registrar.

Solicitor for the Applicant.

FORM No. 6.

FORM OF REPORT OF THE JUDGE ON AN APPLICATION BROUGHT UNDER THE DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933 , IN RESPECT OF AN INJURIOUS ACT WITHIN SECTION 2, SUB-SECTION (1) (d) (e) or (f); OR OF DIRECT LOSS OR DAMAGE WITHIN SECTION 2,SUB-SECTION (1) (g).

SAORSTAT EIREANN.

AN CHUIRT BREITHIUNAIS CHUARDA

(CIRCUIT COURT OF JUSTICE).

1. It was proved to my satisfaction:

(a) That the applicant caused an application to be made under the Criminal Injuries Acts at these present Sittings for the sum of £    for compensation in respect of a loss by an injurious act, or direct loss or damage, that is to say:—

(Here set out the nature of the injurious act or the direct loss or damage).

(b) That the notice of such application was duly served on all proper and necessary parties.

(c) That at the request of the applicant, I treated the application as an application lodged under Section 2, sub-section (1) (d) (e) (f) or (g), and dealt with it accordingly.

2. I have duly heard and inquired into the matter of such application, and I am satisfied as follows:—

(a) That the applicant has suffered loss by an injurious act to which Section 2 (1) (d) (e) or (f) aforesaid, applies, or has suffered direct loss or damage to which Section 2 (1) (g) applies.

(b) That the sum which would fairly compensate the applicant for such loss is £

(c) That the applicant was (not) insured against such loss.

(The following are particulars of such insurance        ).

(d) That the injurious act aforesaid consisted of:

(i) the destruction of     Notes (or paper currency), the numbers of which were    , the denominations of which were

The nature of the evidence accepted by me as proof of said destruction is as follows :—

or,

(ii) the taking away of chattels, the property of the applicant, by a person or persons,

In cases within Sec. 15 (6) of Damage to Property (Compensation) Act, 1923 .

If property was insured.

Set out the particulars of destruction according to the facts as proved.

Set out particulars bringing the person or persons within Sec. 15 (9) (d) of the Act of 1923 ; or within Sec. 2 (1) the Act of 1933

or,

(iii) the destruction of, or damage to property of the applicant in the course of, or 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,

or (e) That the direct loss or damage aforesaid

(1) consisted of (a)

and

(2) necessarily arose from interference with the property of the applicant by (b)

3. The applicant's costs and witnesses' expenses of this application are:—

Dated the    day of   ,193 .

In cases within Sec. 15 (10) of the Act of 1923.

Set out particulars (a) of the loss or damage and (b) bringing the person or persons responsible within Sec. 5 (1) (a) or (b) of the Indemnity Act, 1924 .

TO THE MINISTER FOR FINANCE,

Upper Merrion Street, Dublin.

FORM No. 7.

FORM OF ORDER OF REFUSAL OF APPLICATION FOR COMPENSATION UNDER THE DAMAGE TO PROPERTY (COMPENSATION (AMENDMENT) ACT, 1933 .

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS CHUARDA

(CIRCUIT COURT OF JUSTICE).

It appearing to the Court that the applicant A.B.

of                        in the County of       , applied to the Court under the provisions of the Criminal Injuries Acts, and the Damage to Property (Compensation) (Amendment) Act, 1933 , at these present Sittings for the sum of £    to be paid to him as compensation for that

but the Court being now satisfied that the claim on the part of the applicant has not been proved, doth order that the said application be, and the same is

And the Court doth further Order that the Minister for Finance do recover from the applicant the sum of £     , as and for the costs of the proceeding.

Dated at   this    day of   193 .

Here set out nature of application as in Notice.

County Registrar.

State Solicitor.

FORM No. 8.

FORM NOTIFYING THE SEVERAL PERSONS INTERESTED IN ANY INJURED BUILDING OF AN APPLICATION TO THE CIRCUIT COURT IN RESPECT OF THAT BUILDING UNDER SECTION 2 of THE DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933 .

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS CHUARDA

(CIRCUIT COURT OF JUSTICE).

notice was served by       , of          , in

the County of         , of an application under the Criminal

Injuries Acts. and the Damage to Property (Compensation) (Amendment) Act, 1933 , to the Circuit Judge in respect of an injury to a building at

in the said County, on the       day of     , 19     ; and that

said application will be made at the Sittings to be held at

on the    day of    , 19   ; 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 amongst the persons interested in the injured building in such proportions as he thinks right.

(b) Cancellation or variation in such manner as he thinks reasonable of any of the covenants and conditions contained in any lease under which the injured building is held.

Dated the    day of     , 193 .

A.B. of

C.D. of

E.F. of

SECOND SCHEDULE.

FEES, COSTS, CHARGES AND EMOLUMENTS.

SCHEDULE OF FEES, COSTS, CHARGES AND EMOLUMENTS AS BETWEEN PARTY AND PARTY IN APPLICATIONS FOR COMPENSATION FOR INJURIES TO PROPERTY UNDER THE CRIMINAL INJURIES ACTS, AND THE DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933 .

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 10s. od. 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 £2 10s.od. 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 STATE SOLICITORS.

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

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

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

In addition to the foregoing fees, the Solicitor for the applicant or the State Solicitor shall be allowed such sum for actual outlay as shall be vouched to the satisfaction of the County Registrar, and certified by him as necessary and proper.

COUNSEL'S FEES.

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

SPECIAL ORDERS.

In all cases in which Solicitors' charges, costs, and expenses have not been provided for, or in which, having regard to the work actually performed or the peculiar difficulty or complexity of the case, the allowances in the Costs Schedule shall appear to the Judge to be inadequate, he may, in such exceptional cases, make a special Order allowing such costs, charges, and expenses as he may think just and reasonable: provided always that such additional special allowance shall in no case exceed £20.