S.I. No. 38/1964 - The Rules of the Superior Courts (No. 1), 1964

S.I. No. 38 of 1964.

THE RULES OF THE SUPERIOR COURTS (No. 1), 1964

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48, and the Courts (Supplemental Provisions) Act, 1961 , section 14), and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 7th day of February, 1964.

Cearbhall Ó Dálaigh	John O'Leary
Cahir Davitt	Thomas V. Davy
Brian Walsh	Samuel V. Kirwan
Geo. D. Murnaghan	Ralph J. Walker

I concur in the making of the annexed Rules of Court.

Dated this 26th day of February, 1964.

Charles J. Haughey

Minister for Justice.

RULES OF THE SUPERIOR COURTS (No. 1), 1964

1. In Order 22 rule 4 (1), the words "fourteen days" shall be substituted for the words "seven days".

2. In Order 37 rule 5, the following additional sentence shall be inserted :

" The Master may also, on consent, adjourn the case for plenary hearing as if the proceedings had been originated by plenary summons, with such directions as to pleadings, discovery, settlement of issues or otherwise as may be appropriate."

3. Order 76 shall be amended in manner following :

(1) In rule 13 (2), the word "person" shall be substituted for the word "officer".

(2) In rule 40, the words "and the fact that it has not been secured or compounded " shall be inserted immediately after the words "the creditor's debt".

(3) In rule 78, the words "other person duly authorised by the corporation or company" shall be substituted for the words " other officer".

(4) In rule 110, the words " call a preliminary meeting " shall be substituted for the words " hold a preliminary meeting " and the words " make himself personally available at such meeting" shall be substituted for the words " personally attend such meeting".

4. The forms in Appendix O shall be amended in manner following :

(1) In Form No. 1 the word " indebted" shall be substituted for the word " debted".

(2) In Form No. 3 the words " unless you shall secure" shall be substituted for the words " unless you can secure".

(3) In Form No. 23, the words " The petitioner will be available at" shall be substituted for the words " The petitioner will attend".

5. In Appendix W, the following additional provisions shall be inserted :

"Part VIII

Fees payable to Commissioners for Oaths

	£	s.	d.
1. On taking an affidavit, affirmation or declaration		5	0
2. On marking exhibits therein referred to and required to be marked—for each exhibit		2	0
—but not exceeding for all exhibits	1	10	0"

6. These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 1), 1964.

EXPLANATORY NOTE

These Rules make a number of amendments of a miscellaneous nature in the Rules of the Superior Courts ( S.I. No. 72 of 1962 ) and, in particular, prescribe the fees payable to Commissioners for Oaths.