28/08/1923: Dail Eireann Courts (Winding Up) Rules, 1923.

1. On the day of 19, I obtained a decree/dismiss/order* at the sitting of the above-named Court in proceedings entitled as set out above.

2. The particulars of the said decree/dismiss/order* are correctly set out in the Schedule hereto.

3. I rely on the following evidence of the said decree/dismiss/order* viz., (

a

)

4. The said decree/dismiss/order * is unexecuted to the following extent, that is to say:—

5. No person is interested in the said decree/dismiss/order* as Plaintiff or Defendant, or otherwise entitled to notice of this application other than the following (

b

):—

6. There was not on the day of any appeal pending against the said decree/dismiss/order *. (

or

The said served notice of Appeal against the said decree/dismiss/order* but the said Appeal was never heard, and this application is made subject to the right of appeal by the

said ).

7. I apply to have the said decree/dismiss/order* registered for the purpose of execution.

SWORN before me this day of

192 , at in the

County of and I know

I certify I know deponent

...........................................

(who certifies his knowledge of)

Deponent.

SCHEDULE.

_______________________________________________________________________________________________

* Strike out any word which is not applicable, and in District Court cases state whether Ordinary or Circuit Sitting.

(

a

) Set out fully the evidence relied on as to terms of decree/order, dismiss, exhibiting any necessary documents.

(

b

) Set out in full names and addresses and post towns of persons interested.

FORM 2.

NOTICE OF REGISTRATION.

SAORSTÁT EIREANN.

NO. OF APPLICATION.

DAIL EIREANN COURTS (WINDING UP) ACT, 1923.

In the Matter Of Proceedings instituted in the Dáil Eireann Courts and entitled

FOR OFFICIAL USE ONLY.

*Parish

District

Supreme

Court of

County of

BETWEEN

of

Plaintiff;

AND

of

Defendant.

TAKE Notice that an application has been lodged by the above-named with the Registrar appointed under the above Act to have the Decree/Dismiss/Order/Judgment dated the day of 19 . given in the above-mentioned proceedings entered on the Register with a view to its enforcement, and that the said Decree/Dismiss/Order/Judgment a copy of which is set out in the Schedule hereto has, in accordance with Section 12 (2) of the Act been entered in the Register.

And take further Notice that any person aggrieved by the registration of the said Decree/Dismiss/Order/Judgment may,

not later than fourteen clear days from the date of this notice

, lodge with the undersigned a notice of appeal to the Commissioners against the said registration, and that if no such notice of appeal is lodged within the time aforesaid the registration of the said Decree/Dismiss/Order/Judgment will be conclusive.*

Dated this

day of

1923.

(Signed),

...........................Clárathóir.

Coimisiún Cuirteanna Dhãil Eireann

(Criochnú Gnótha).

Caisleán Bhaile Atha Cliath.

_______________________________________________________________________________________________

*NOTE.—An appeal against a decree when registered lies under Section 5 although no appeal has been lodged under Section 12 (4) against the registration of the Decree.

† Strike out any word which is not applicable, and in District Court Cases state whether Ordinary or Circuit Sitting.

FORM 2.

NOTICE OF REGISTRATION.

SAORSTÁT EIREANN.

NO. OF APPLICATION.

DAIL EIREANN COURTS (WINDING UP) ACT, 1923.

In the Matter of Proceedings instituted in the Dáil Eireann Courts and entitled

FOR OFFICIAL USE ONLY.

*Parish

District

Supreme}

Court of

County of

BETWEEN

of

Plaintiff;

AND

of

Defendant.

TAKE Notice that an application has been lodged by the above-named with the Registrar appointed under the above Act to have the Decree/Dismiss/Order/Judgment dated the day of 19 , given in the above-mentioned proceedings entered on the Register with a view to its enforcement, and that the said Decree/Dismiss/Order/Judgment a copy of which is set out in the Schedule hereto has, in accordance with Section 12 (2) of the Act been entered in the Register.

And take further Notice that any person aggrieved by the registration of the said Decree/Dismiss/Order/Judgment may,

not later than fourteen clear days from the date of this notice

, lodge with the undersigned a notice of appeal to the Commissioners against the said registration, and that if no such notice of appeal is lodged within the time aforesaid the registration of the said Decree/Dismiss/Order/Judgment will be conclusive.*

Dated this

day of

1923.

(Signed),

...........................Clárathóir.

Coimisiún Cuirteanna Dhãil Eireann

(Criochnú Gnótha).

Caisleán Bhaile Atha Cliath.

_______________________________________________________________________________________________

*NOTE.—An appeal against a decree when registered lies under Section 5 although no appeal has been lodged under Section 12 (4) against the registration of the Decree.

† Strike out any word which is not applicable, and in District Court Cases state whether Ordinary or Circuit Sitting.

FORM 3.

DAIL EIREANN COURTS (WINDING UP) ACT, 1923.

In the Matter of Proceedings instituted in the Dáil Eireann Courts

and entitled:—

District Court of

[

or

Parish Court of

District of].

BETWEEN

of

Plaintiff;

AND

of

Defendant.

Notice of Application [

or

Appeal] to the Commissioners

BETWEEN

of

Applicant [or Appellant);

AND

of

Respondent.

TAKE Notice that the above-named

intends to apply to the Commissioners appointed under the Act to hear and determine the above-mentioned proceedings which were pending for hearing of a claim of which particulars are endorsed hereon,

or

, [intends to apply to the Commissioners, etc., to hear and determine the appeal that was pending in the Court against the decree

or

[order] granted

or

[made] in the above-mentioned proceedings, particulars of which decree

or

[order] are endorsed hereon.]

or

[intends to appeal to the Commissioners against the registered decree

or

[order] granted

or

[made] in the above-mentioned proceedings.]

And Further Take Notice that the said intended application

or

[appeal] will be listed for hearing on the day of in the Court of the Commissioners, Dublin Castle,

or

[at the sitting of a Court of the Commissioners to be held at on the day of

or

[at the first sitting of a Court of the Commissioners to be held at

after the expiration of seven

or

[fourteen] clear days from the service of this notice].

And Further take Notice that if you fail to appear on the hearing of the said application

or

[appeal] such order will in your absence be made in the premises and as to the costs of the said application

or

[appeal] as shall to the Court appear just.

(Signed),

Solicitor for the said

Dated this

day of

To

FORM 4.

DAIL EIREANN COURTS (WINDING UP) ACT, 1923.

In the matter of proceedings instituted in the Dáil Eireann Courts,

and entitled:—

District Court of

[

or

Parish Court of

District of]

BETWEEN

of

Plaintiff;

AND

of

Defendant.

Notice of Application [or Appeal] to the Commissioners

BETWEEN

of

Applicant or [Appellant];

AND

of

Respondent.

TAKE Notice that the above-named intends to appeal against the order of the Commissioner

or

[Assistant Commissioner] made in the above-mentioned matter and dated the day of

And Further Take Notice that the said intended appeal will be listed for hearing on the day of in the Court of the Commissioners, Dublin Castle,

or

[will be listed for hearing at the first sitting of a Court of the Commissioners to be held at after the expiration of fourteen clear days from the date of service of this notice [

or

, if the date of such sitting has been fixed, give the date]

Signed,

Solicitor for the said

Dated this day of

To

FORM 5.

SAORSTÁT EIREANN.

DAIL EIREANN COURTS (WINDING UP) ACT, 1923.

Warrant of the Commissioners (under Section 19 of the Act) for the execution of an Ordinary Decree Dismiss Order.

Folio No.

Insert title as appearing in the Register.

To the Under-Sheriff of the County of

WHEREAS it appears to the Commissioners appointed under the Act that by a decree dismiss [order] registered under the Act and entered on Folio No. County of of the Register.

IT WAS ORDERED that the said do recover from the said the sum of £ together with the sum of £ for costs and expenses and £ for deposit

or

[Court] fee, and that the total sum of £ be levied off the goods of the said

Now you are hereby required to take in execution the goods of the said to satisfy the said amount of £ , together with , fee payable on the issue of this warrant, and fee payable to the Under-Sheriff.

Dated this day of .

Commissioner.

Registrar.

Solicitor for the

County of

TO WIT.}

I authorise and empower

both in the said County, Bailiffs or either of them,

and their Assistants

as above recited.

to execute the above recited Decree

FORM 6.

SAORSTÁT EIREANN.

DAIL EIREANN COURTS (WINDING UP) ACT, 1923.

Warrant of the Commissioners under Section 19 of the Act for the Execution of a Decree or Order in Ejectment.

Folio No.

[Insert title as appearing in the Register.]

To the Under-Sheriff of the County of .

WHEREAS it appears to the Commissioners appointed under the Act that by a Decree or Order registered under the Act and entered on Folio No. County of of the Register.

IT WAS ORDERED that the said do be put into possession of the premises mentioned in said Decree or Order and therein described as "All that " and that the said do recover from the said

the sum of £ for costs and expenses and £ for deposit or Court fees, and that the total sum of £ be levied off the goods of the said

NOW YOU ARE HEREBY REQUIRED to put the said

into the possession of the said premises and TO TAKE IN EXECUTION the goods of the said to satisfy the said amount of £ together with £ fee payable on the issue of this warrant and fee payable to the Under-Sheriff.

Dated this day of .

Commissioner.

Registrar.

Solicitor for the

8. In the case of applications or appeals to be heard in the city of Dublin the time and place of hearing shall be ascertained from the Registrar before service of the notice and shall be specified in the notice. In the case of applications or appeals to be heard elsewhere than in the city of Dublin the notice shall specify as the place of hearing the town on the circuit list published under Rule 5 at which an analogous application or appeal would, if the claim were sufficient, have been heard by a Circuit Court under the practice of the Dáil Courts, and shall be for the first sitting of a Court to be held under these rules in the town specified after the expiration of seven, or, as the case may be, fourteen clear days from the date of the service of the notice.

9. No application or appeal under Rule 6 of which notice has not been given in accordance with the provisions of Rule 7 shall be entertained except with the leave of the Court, which leave shall only be granted on special grounds.

10. Applications under sections 8 or 9 of the Act shall be made on notice and shall be grounded upon affidavit. Copies of the notice and affidavit shall be lodged with the Registrar from whom the date of hearing shall be ascertained. The notice shall be served upon all proper persons three clear days before the hearing, provided that in cases of urgency the Commissioners may deem any notice actually given or service effected sufficient.

11. (1)—No appeal shall lie from an order of a Court consisting of not less than two Commissioners.

(2) No appeal shall lie from an order of a Commissioner or Assistant Commissioner made in a matter that was pending in a Dáil Parish Court, or made on appeal from a decree of a Dáil Parish Court, or from an order of a Commissioner made on appeal from the Registrar in relation to the registration or non-registration of a decree of a Dáil Court.

(3) An appeal from the order of a Commissioner or Assistant Commissioner shall be on notice in Form 4. in the Schedule to these Rules. The notice shall be served fourteen clear days before the date of hearing, and not later than one calendar month from the date of the order, provided that, where the appeal is on the report of the Commissioner or Assistant Commissioner and application for a copy of such report has been made within twenty-one clear days from the date of the order, the time shall be extended to one calendar month from the date on which such copy is furnished.

(4) All appeals on the report of a Commissioner or Assistant Commissioner shall be heard in Dublin by a Court consisting of not less than two Commissioners.

12. (1)—The following applications and appeals shall be heard by a Court consisting of not less than two Commissioners, one of whom, in the case of applications under (

c

) hereunder, shall be the Chief Commissioner:—

(

a

) Appeals pending in the Dáil Supreme Court;

(

b

) Appeals from registered decrees of a Circuit Sitting of Dáil Court;

(

c

) Applications under sections 8 or 9 of the Act.

(2) Where an application or appeal is heard by two Commissioners only and there is disagreement as to the decision the application or appeal shall be re-heard before a court consisting of not less than three Commissioners.

(3) Where an application or appeal is heard by three or more Commissioners the decision of the majority shall be the decision of the Court.

(4) Where an application or appeal is heard by four Commissioners and opinion is equally divided the Chief Commissioner shall have a casting vote which shall determine the decision of the Court.

(5) In all cases not herein otherwise provided for a Commissioner sitting alone shall constitute a quorum within the meaning of sub-section (2) of section 21 of the Act.

13. Where, in the case of any proceedings that were pending in the Dáil Supreme Court, the Judge's notes are not forthcoming, or are imperfect, the Commissioners may make any order that appears just and reasonable as to the re-hearing of such proceedings in whole or in part, or as to the trial of any particular issue, or as to the receiving of any additional evidence, and the Commissioners may in any such case accept a press report of the hearing, with such corrections or amendments as may be shown to be proper, or any agreed statement of the facts, and in general shall deal with the appeal in such manner as seems to them right or proper.

14. (1)—All appeals pending in Dáil Courts, other than appeals pending for hearing by the Dáil Supreme Court, and all appeals to the Commissioners from registered decrees of Dáil Courts shall be by way of re-hearing, except where the proceedings were heard before a Judge of the Dáil Supreme Court or a Judge of a Dáil Circuit Court, and such Judge shall furnish an adequate report of the proceedings.

(2) In the case of applications or appeals to the Commissioners it shall be in the absolute discretion of the Commissioner or Assistant Commissioner hearing the case to take a note or not to take a note for the purpose of any appeal that may be brought, and if the Commissioner or Assistant Commissioner shall take such a note and make a report which he certifies to be adequate, the appeal shall be on the report, and otherwise shall be by way of rehearing.

(3) A party intending to appeal shall only be entitled to a copy of the report of the Commissioner or Assistant Commissioner on payment of one-quarter of the Court fee payable on appeal (credit for which payment will be given in the event of the appeal being brought) in addition to any proper office charges.

15. Where, at the hearing by a Commissioner of any application or appeal, the parties consent to the employment of a stenographer the order of the Commissioner shall provide for the payment of the stenographer's fee, and, notwithstanding anything hereinbefore contained, if a stenographer is sworn, and a copy of his notes supplied to the Commissioner, any appeal from the order of the Commissioner shall be on the report of the Commissioner, which shall incorporate, summarise, or otherwise utilise the stenographer's notes in such manner as the Commissioner shall deem proper for the purpose of furnishing an adequate report. Where, in the report of a Commissioner in any such case, the stenographer's notes are not incorporated, the actual notes, or any part of them, may, if the Court shall think fit, be referred to, on the application of any party, or at the instance of the Court, on any appeal. Notice of any intended application by any party to refer to the actual notes of the stenographer in any such case shall be served three clear days before the hearing.

16. (1)—Service of any notice under these rules may be effected:—

(

a

) personally; or

(

b

) on a Solicitor who appeared for the person to be served in the original proceedings or in any proceeding under these rules, and who endorses acceptance of service on the copy of the notice lodged with the Registrar; or

(

c

) by registered letter.

(2) In the case of service by registered letter the date of service shall be the date at which the letter would reach the person served in the ordinary course of post.

(3) The Court may in any case direct any further or other service if not satisfied that due notice has been given by the service actually effected.

17. The venue for all appeals by way of re-hearing shall be the local venue unless otherwise ordered, and for all other appeals shall be the Court of the Commissioners, Dublin Castle.

18. A warrant under section 19 for the execution of a registered decree or order shall be in the appropriate form in the Schedule hereto, with such modifications as may be required, and may be obtained on a written application to the Registrar.

19. (1) The costs of all proceedings under these Rules shall be in the absolute discretion of the Court, and shall either be measured by the Court, or be referred for taxation to a Solicitor named by the Commissioners, either generally or specially, for the purpose.

(2) Where the costs are referred to a Solicitor for taxation they shall be taxed:—

(

a

) in the matter of proceedings that originated in a Dáil Parish Court or in a Dáil District Court, on a scale analogous to that on which costs are taxed in equity proceedings in the County Courts;

(

b

) in the matter of proceedings that originate in the Dáil Supreme Court, on a scale analogous to that on which costs are taxed in the High Court;

Provided that the costs of all appeals that were pending in the Dáil Supreme Court and of all appeals from a registered decree of a Dáil Circuit Court, heard by a Court consisting of not less than two Commissioners, shall be taxed on a scale analogous to that on which costs are taxed in the High Court.

(3) Where costs are taxed on a scale analogous to that on which costs are taxed in any of the Courts referred to in the last preceding paragraph, and a right of appeal from the taxation exists in such Court an analogous right of appeal to the Commissioners shal exist under this Rule.

(4) The fee to be paid to the Solicitor named under paragraph (1) of this rule shall be at the rate of £2 per cent. on the first £100 and £1 per cent. on each succeeding £100, and shall be paid by the Solicitor presenting the bill of costs, and shall be added to the bill before the latter is certified. The minimum fee shall be £2. In the event of one-sixth of the amount of the bill being taxed off the costs of taxation shall be disallowed.

SEUMAS C. MACMUIREADAIT.

DIARMAID Ó CRUADHLAOICH.

L. MAC DEIBID

FORM 1.

NO. OF APPLICATION.

SAORSTÁT EIREANN.

DAIL EIREANN COURTS (WINDING UP) ACT, 1923.

FOR OFFICIAL USE

ONLY.

In the Matter of Proceedings instituted in the Dáil Eireann Courts,

and entitled:—

[Title as in Civil Bill.]

*Parish

District

Supreme

Court of

County of

BETWEEN

of

Plaintiff;

AND

of

Defendant.

APPLICATION FOR REGISTRATION OF UNEXECUTED DECREE/ORDER.*

I, of the in these proceedings make oath and say, as follows:—

PROVISIONAL RULES

MADE BY THE COMMISSIONERS BY VIRTUE OF SECTION TWENTY-ONE OF THE DAIL EIREANN COURTS (WINDING UP) ACT, 1923, AND DATED THIS 28TH DAY OF AUGUST, 1923.

WHEREAS section 21 of the Dáil Eireann Courts (Winding Up) Act, 1923, provides that the Commissioners appointed under that Act shall as soon as conveniently may be after their appointment make and publish rules regulating their procedure and may by such rules prescribe the forms to be used in proceedings before them;

And Whereas under the provisions of section 2 of the said Act James Creed Meredith was, on the 14th day of August, 1923, duly appointed to be Chief Judicial Commissioner, and Diarmaid Crowley and St. Laurence Devitt were duly appointed to be puisne Judicial Commissioners for the purposes of the said Acts;

Now, We, the said three Commissioners so appointed, have made and do hereby certify under our hands the rules and forms hereinafter set forth, and we do further certify that on account of urgency the said rules shall come into operation forthwith as provisional rules and shall continue in force until amended, supplemented, or rescinded as hereinafter provided.