District Court Rules (No. 3) 1948

JurisdictionIreland
CitationIR SI 431/1948
Year1948

S.I. No. 431 of 1948.

DISTRICT COURT RULES (No. 3), 1948.

The District Court Rules Committee, with the concurrence of the Minister for Justice, and in exercise of the powers conferred on them by the Courts of Justice Acts, 1924 to 1947, and of every and any other power them in this behalf enabling, make the following Rules :—

1. Rule 46 (2) of the District Court Rules, 1948, is hereby amended by the addition at the end thereof of the following words: " a certified copy of such order signed by the Justice shall be conclusive evidence of the making of such order and of the terms thereof and shall be issued by the said Clerk to any person requiring the same ", and the said Rule shall be construed and have effect accordingly.

2. Rule 51 (2) of the District Court Rules, 1948, is hereby amended by the insertion immediately after the words and figure " or No. 2 " of the words and figure " or No. 4 " and the said Rule shall be construed and have effect accordingly.

3. Rule 64 (4) of the District Court Rules, 1948, is hereby amended by the addition at the end thereof of the following words : " When a defendant is remanded in custody the Justice may by warrant (Form 10) order the defendant to be brought before him at any time before the expiration of the period for which he has been so remanded for the further hearing of the charge " and the said Rule shall be construed and have effect accordingly.

4. Rule 159 of the District Court Rules, 1948, is hereby revoked.

5. (1) A book shall be kept by every person appointed for the service of Civil Processes in which shall be entered the names and addresses of the Plaintiff and Defendant, the cause of action, the date on which the Civil Process shall have been received for service, the day on which, the place where and the name and description of the person on whom or with whom such Civil Process shall have been served or left; and in case any such Civil Process shall not have been duly served or left, the cause of such service not having been effected shall be stated. Every such person, upon receiving an order in writing from a Justice, shall attend before such Justice at the place and date named in such order and produce such book. In case of the death, termination of appointment (whether either such event occurs before or subsequent to the making of these rules), illness or absence from the State of any suchperson the book kept by him as aforesaid or an endorsement in his handwriting on the original of...

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