S.I. No. 178/1962 - District Court (Amending) Rules, 1962.

S.I. No. 178 of 1962.

DISTRICT COURT (AMENDING) RULES, 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. These Rules may be cited as the District Court (Amending) Rules, 1962.

2. These Rules shall come into operation on the 1st day of November, 1962, and shall be read as one with the Amended Rules.

3. In these Rules " the Amended Rules " means the District Court Rules (No. 2), 1962 ( S.I. No. 8 of 1962 ).

4. Rule 18 (1) of the Amended Rules is hereby amended by the insertion of the following words " Subject to the provisions of paragraph (2) hereof," at the beginning thereof immediately before the words " All proceedings under Part II of the Principal Act ".

5. Rule 19 (2) of the Amended Rules is hereby amended by the deletion of the following words " upon the debtor by delivering to him a copy thereof " which occur between " shall be served " in line 5 thereof and " fourteen clear days " in line 6 thereof.

6. Rule 21 of the Amended Rules is hereby amended by the deletion of the following words " on the debtor by delivering to him a copy thereof " which occur between " shall be served " in line 5 thereof and " seven clear days " in line 6 thereof.

7. The following Rule shall be substituted for Rule 27 of the Amended Rules:—

" 27. The provisions of the District Court Rules, 1948, dealing with the mode of service of summonses in cases of summary jurisdiction shall apply to the service of documents under these Rules ".

8. Rule 28 of the Amended Rules is hereby amended by the deletion of the following words " if such Order or summons is required to be served personally be 5/-, and in any other case shall " which occur between " an Order or summons shall " in line 2 thereof and " be 4/- payable in each case " in the last line thereof.

9. Rule 29 of the Amended Rules is hereby deleted.

10. Rule 30 of the Amended Rules is hereby re-numbered 29.

GIVEN this 20th day of October, 1962.

Cathal Ó Floinn, Chairman

Denis P. O'Donovan

John Farrell

Michael J. C. Keane

Pádraig Ó Gríobhtha

The Minister for Justice concurs in the making of the foregoing Rules.

Dated this 20th day of October, 1962.

For the Minister for Justice

Roger Hayes

An officer authorised in this behalf by the said Minister.

EXPLANATORY NOTE

These Rules which amend the District Court Rules (No. 2), 1962, abolish the requirement for personal service upon the debtor of certain documents in proceedings under the Enforcement of Court Orders Acts, 1926 and 1940.