22/12/1931:

THE ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930, RULES, 1931.

THE ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930, RULES, 1931.

I, JAMES FITZGERALD-KENNEY, Minister for Justice, by virtue of the powers conferred upon me by Section 91 of the Courts of Justice Act, 1924 , and of all other powers enabling me in this behalf, with the concurrence of the Minister for Finance in respect of matters affecting public revenue or expenditure and with the approval of the Committee constituted pursuant to the provisions of Section 90 of the said Act, and with the sanction of the Attorney-General and of the Minister for Finance, do hereby make the annexed Rules of Court, to wit, The Illegitimate Children (Affiliation Orders) Act, 1930 , Rules, 1931.

Dated this 22nd day of December, 1931.

(Signed), JAMES FITZGERALD-KENNEY,

Aire Dli agus Cirt.

I sanction the annexed Rules of Court, viz.:--The Illegitimate Children (Affiliation Orders) Act, 1930 , Rules, 1931.

Dated this 22nd day of December, 1931.

(Signed), JOHN A. COSTELLO,

Priomh Aturnae.

I sanction the annexed Rules of Court, viz.:--The Illegitimate Children (Affiliation Orders) Act, 1930 , Rules, 1931.

(Signed), E. DE BLAGHD,

Aire Airgid.

Dated this 22nd day of December, 1931.

RESOLUTION PASSED BY DÁIL EIREANN ON WEDNESDAY THE 4th MAY, 1932.

"That the Dáil hereby approves of the Illegitimate Children (Affiliation Orders) Act, 1930 , Rules, 1931, made by the Minister for Justice on the 22nd day of December, 1931, under Section 91 of the Courts of Justice Act, 1924 (No. 10 of 1924), a copy of which was laid on the Table of the Dáil on the 27th day of April, 1932, and resolves that it is expedient that such Rules shall come into operation on the 1st day of July, 1932."

RESOLUTION PASSED BY SEANAD EIREANN ON WEDNESDAY THE 4th MAY, 1932.

"That the Seanad hereby approves of the Illegitimate Children (Affiliation Orders) Act, 1930 , Rules, 1931, made by the Minister for Justice on the 22nd day of December, 1931, under Section 91 of the Courts of Justice Act, 1924 (No. 10 of 1924), a copy of which was laid on the Table of the Seanad on the 27th day of April, 1932, and resolves that it is expedient that such Rules shall come into operation on the 1st day of July, 1932."

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930, RULES, 1931.

(1.) These Rules may be cited as "The Illegitimate Children (Affiliation Orders) Act, 1930 , Rules, 1931."

(2.) In these Rules the expression "The Act" shall mean The Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930).

(3.) The procedure under the Act in the District Court, save and except proceedings under Section 11 of the Act, shall be in accordance with the District Court Rules dealing with cases of Summary Jurisdiction for the time being in force, so far as same are applicable, and subject to the specific provisions of the Act as to procedure, and subject to the following rules and any further rules that may from time to time be made.

(4.) The Information referred to in Section 2 of the Act, when sworn, shall be lodged with the Clerk, who shall submit same to the Justice if not sworn before the Justice. The Justice may require such further particulars as he considers necessary (if any) to be included in a supplemental Information before issuing a summons, which summons shall be returnable to the District Court sitting for the District Court Area in which the Informant resides.

(5.) All applications for Orders under the Act other than Applications under Section 2 shall be made upon a complaint or application made to the Justice by the applicant upon which the Justice may issue a summons which shall be served upon such person or persons as the Justice may direct, and in all cases upon the person or persons whose interests may be affected by such Order.

(6.) When an Order is made under Section 13 of the Act attaching any pension or income, a certified copy of such order on payment of the appropriate fee by the applicant shall be given or sent by the Clerk to the person by whom such pension or income is payable, and thereupon such person shall pay the amount ordered to the person to whom the payment is ordered to be made, or shall make such payments through the post, deducting the expenses thereby incurred, such payments to be made at such times as such pension or income shall be payable.

(7.) A party desiring to Appeal to a Judge of the Circuit Court from any Order of a Justice under the Act, shall within a period of seven days from the date on which the Order has been made, in addition to lodging and serving a notice of appeal as provided by the District Court Rules (Part IV.) enter into a recognizance with two sufficient sureties in such sum as the Justice may determine conditioned to reside at such place as was his ordinary place of residence at the time the Order appealed from was made, or at some other place within the County where such ordinary place of residence is situate, pending the determination of such appeal, and to attend in person at the Circuit Court and prosecute such appeal. Such recognizance shall be in accordance with such modification of Form A. (1) in the Schedule hereto as may be suitable, and may be taken by a Justice or Peace Commissioner. In the event of the Appellant failing to enter into such recognizance he shall be deemed to have abandoned his right to appeal.

(8.) Every application under Sections 4, 5, 6, 7, 8, 10 (2), and 13 of the Act shall be made to the Justice of the District Court having Jurisdiction in the District in which the Affiliation Order was originally made, save that, where the parties concerned all reside in the same District and that District is not the District in which the Affiliation Order was originally made, such Application may be made to the Justice of the District Court having Jurisdiction in the District in which the parties are resident, and such Justice shall issue a summons or summonses if he thinks fit.

(9.) Service of summonses under the Act shall be in accordance with the District Court Rules dealing with cases of Summary Jurisdiction, for the time being in force, save that every summons under the Act shall be served fifteen clear days at least before the hearing of the complaint or application.

(10.) If the Justice shall so direct a copy of the Voluntary Agreement referred to in Section 10 of the Act shall be lodged with the Clerk.

(11.) The Forms set forth in the Schedule to these Rules or such modification of same as may be suitable may be used in Proceedings under the Act. If in any case no appropriate form is provided in the Schedule, the Justice may give directions as to the form on which any necessary document may be prepared.

SCHEDULE.

INFORMATION.

I(1).

SAORSTÁT EIREANN.

(CHILD NOT BORN).

AN CHUIRT BHREITHIUNAIS DUITHCHE.

DISTRICT COURT OF JUSTICE.

The information of.............................................of.................................................

who states on oath : I am a (single woman) (widow) (married woman living separate from my husband), and I reside at............................................................ .........................

in the County of............................................................ ..., and in the District Court Area of............................................................ .in District No................................................... I

am now with illegitimate child, and I identify one..........................................................

of......................................................... (a) as the father of such child.

Signed :

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

Informant.

Taken and sworn before me this.........................day of..............................19........

Justice of the District Court assigned to said District No...................(Peace Commissioner for said County

of................................................).

(a) Here give sufficient particulars for positive identification, viz., name, address, occupation, etc.

1.(2).

(CHILD BORN).

INFORMATION.

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE.)

The information of............................................................ ....of...............................

who states on oath : I am a (single woman) (widow) (married woman living separate from my husband) (married woman not living separate from my husband to whom I was married on the................................day of..............................................19......), and I reside at..........................................................in the County of.........................................

and in the District Court Area of....................................in District No............................

I was delivered of an illegitimate child on the................................day of............... 19...

and I identify one............................................................ ..of...............................................

(a)............................................................ ...........................as the father of my said child.

The said............................................................ ........(b) (contributed to the maintenance

of my said child within six months after its birth) (was not resident in Saorstát Eireann at the date of the birth of said child, and first entered Saorstát Eireann after the date of the birth of said child within the last six months) (was resident in Saorstát Eireann at the date of the birth of the said child, but ceased to be so resident within six months after such date and first entered Saorstát Eireann after such cesser within the last six months).

Signed........................................................

Informant.

TAKEN and SWORN before me this.....................................day of

............................................................ ........., 19......

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

Justice of the District Court assigned to said District No.

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

(Peace Commissioner for the said County of............)

(a) Here give sufficient particulars for positive identification, viz., name, address, occupation, etc.

(b) Strike out what is not appropriate.

S.(1).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCH .

(DISTRICT COURT OF JUSTICE.)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

SUMMONS ON APPLICATION OF THE MOTHER OF AN ILLEGITIMATE CHILD NOT YET BORN.

WHEREAS an Application has on the............................day of..................19......,

been made to me a Justice of the District Court assigned to District No....................

by............................................................ ...................(hereinafter called the Applicant),

who resides at............................................................ ........in the District Court Area of

............................................................ .................., in said District, and who is a (single

woman) (widow) (married woman living separate from her husband) now with illegitimate child which she expects to be born on the......................day of...................

19........... , to issue a summons against you............................................................ ...........

of............................................................ ................... (hereinafter called the Defendant),

pursuant to Section 2 of the Illegitimate Children (Affiliation Orders) Act, 1930 , the said Applicant having on the................................day of..................................19..........

made an information in writing upon Oath identifying you, the said Defendant, as the Father of such child, this is to command you to appear as Defendant on the hearing of an Application by the Applicant for an Affiliation Order against you in respect of the said child at the sitting of the District Court at.......................................................

in said Court Area and District on the..........................day of..............................., 19....,

at the hour of............o'clock in the............noon, before the Justice for the time being assigned to said District.

Signed............................................................ 

Justice of the District Court assigned to said District.

To...................................................

of...................................................

the above-named Defendant.

S. (2).

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE).

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

SUMMONS ON APPLICATION BY LOCAL BODY IN RESPECT OF AN ILLEGITIMATE CHILD NOT BORN.

WHEREAS an Application has on the........................day of.........................19...

been made to me, a Justice of the District Court assigned to District No..................

by............................................................ ....... a Local Body administering the Relief of

the Poor, and now giving relief to one............................................................ ............who

resides at..............................................in the District Court Area of...............................

in said District, and who is a (single woman) (widow) (married woman living

separate from her husband) now with illegitimate child which she expects to be born

on the......................................day of...................................................19.........., to issue a

summons against you............................................................ .of..........................................

hereinafter called the Defendant, pursuant to Section 2 of the Illegitimate Children

(Affiliation Orders) Act, 1930, the said............................................................ ..............

having on the.................................day of..................................................19.... , made an

Information in writing upon oath identifying you, the said Defendant, as the Father of such child.

This is to command you to appear as Defendant at the hearing of an Application by the Applicant for an Affiliation Order against you in respect of the said child at the sitting of the District Court at..........................................in said Court Area and District, on the..................day of.................................... 19......., at the hour of....................,o'clock in the............noon, before the Justice for the time being assigned to said District.

Signed...........................................

Justice of the District Court assigned to said District.

To............................................................ .....of............................................................ .........

the above-named Defendant.

This.........................day of..............................19.......

S. (3)

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE).

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

SUMMONS ON APPLICATION OF THE MOTHER OF AN ILLEGITIMATE CHILD ALREADY BORN.

WHEREAS an application has, on the...........................day of................................

19...................., been made to me, a Justice of the District Court assigned to District

No...................................by............................................................ ..hereinafter called the

Applicant, who resides at............................................................ ................in the District

Court Area of............................................................ ...........in said District, and who is a

(single woman), (widow), (married woman living separate from her husband), (married woman not living separate from her husband to whom she was married on the..................day of....................................19.........), and who is the mother of an illegitimate child named................................................ born on the..................day of....................................19....... , to issue a Summons against you....................................of.................................... hereinafter called the Defendant, pursuant to Section 2 of the Illegitimate Children (Affiliation Orders) Act, 1930 , the said mother having on the............... day of..................................,.19......, made an information in writing upon oath, identifying you, the said Defendant, as the Father of said child (if appropriate add :--and averring that (you contributed to the maintenance of the said child within six months after its birth) (were not resident in Saorstát Eireann at the date of the birth of said child, and that you first entered Saorstat Eireann after the date of the birth of said child within the past six months), (were resident in Saorstát Eireann at the date of the birth of the said child, but ceased to be so resident within six months after such date and first entered Saorstát Eireann after such cesser within the past six months), This is to command you to appear as Defendant at the hearing of an Application by the Applicant for an Affiliation Order against you in respect of the said illegitimate child, at the sitting of the District Court at....................................in said Court Area and District, on the..................day of.................................... 19........., at the hour of.....................o'clock in the............noon, before the Justice for the time being assigned to said District.

Signed............................................

Justice of the District Court assigned to said District.

This...........................day of..........................................19..........

To............................................................ ......of............................................................ ........

the above named Defendant.

S. (4).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE

(DISTRICT COURT OF JUSTICE.)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

SUMMONS ON APPLICATION BY LOCAL BODY IN RESPECT OF AN ILLEGITIMATE CHILD ALREADY BORN.

WHEREAS an application has on the.................................day of...........................

19......., been made to me, a Justice of the District Court assigned to District

No...................... by............................................................ ...........................a Local Body

administering the Relief of the Poor, and hereinafter called the Applicant, to issue a summons against you,............................................................ .......of..............................

hereinafter called the Defendant, pursuant to Section 2 of the Illegitimate Children (Affiliation Orders) Act, 1930 , and Whereas one.............................. who resides at...............................in the District Court Area of........................................................

............in said District, and who is a (single woman) (widow) (married woman living separate from her husband) (married woman not living separate from her husband to whom she was married on the..................day of

........................19.........) and who is the mother of an illegitimate child named....................................born on the.......................day of...........................19.......,

has made an information in writing, upon oath, on the.................day of....................................19..........., identifying you, the Defendant, as the Father of said child [and whereas proof has been given to me that you (a) (contributed to the maintenance of said child within six months after its birth), (were not resident in Saorstát Eireann at the date of the birth of the said child, and first entered Saorstat Eireann after the date of such birth within the past six months), (were resident in Saorstát Eireann at the date of the birth of the said child, but ceased to be so resident within six months after such birth, and first entered Saorstát Eireann after such cesser within the past six months)] and that the said Applicant is now giving relief to the said...........................................(mother of illegitimate child).

This is to command you to appear as Defendant at the hearing of an application by the Applicant for an Affiliation Order against you in respect of the said illegitimate child, at the sitting of the District Court at.............................. in said Court Area and District, on the..................day of.............................. 19... ., at the hour of,....................o'clock in the ...............noon, before the Justice for the time being assigned to said District.

Signed........................................

Justice of the District Court assigned to said District.

To ............................................................ ....

of............................................................ ......

the above-named Defendant.

(a) Strike out what is not appropriate.

S. (5).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE

(DISTRICT COURT OF JUSTICE.)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

SECTION 4, SUB-SECTION 3.

SUMMONS.

WHEREAS application has been made to me, a Justice of the District Court assigned to District No..................................................by.............................................

of............................................................ ..applicant, for a summons requiring you, the

Respondent, to appear on the hearing of an application by the Applicant that the

weekly sum of..................................payable by you,...................................................

of............................................................ ...under an Affiliation Order duly made on the

...................day of.....................................19........., by the Justice sitting at the District

Court at............................................................ ................in said Court Area and District,

in respect of an illegitimate child named..........................................................of which

you were adjudged to be the putative father, and which child has now attained the age of 16 years, and which weekly sum was payable by you immediately before such child attained such age, should continue to be paid by you during the life of such child on the grounds that such child is bodily (mentally) deficient in such manner and to such degree as to render such child totally and permanently unfit for employment of any kind. This is to command you to appear on the hearing of the said Application at the District Court at................................. on the.................day of...................................19....., at..................o'clock in the...............noon, before the Justice for the time being assigned to such District, to answer to the said application.

Dated this...................................day of....................................19..........

Signed,............................................................ .

Justice of the District Court assigned to such District.

To.........................................................

of.........................................................

the above-named Respondent.

S.(6).

SÁORSTAT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE.)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 . SECTION 5, SUB-SECTION 1 OR 2.

(SUMMONS).

WHEREAS application has been made to me, a Justice of the District Court assigned to District No......................., by............................................................ ..............

of............................................................ ...................... Applicant, a person by (to) whom

a weekly sum of.................................................is payable to (by) you..............................

of......................................................(hereinafter called the Respondent) under an Affiliation Order duly made on the............day of........................, 19...., by the Justice sitting at the District Court at,.................. in said Court Area and District in respect of an illegitimate child named.........................., of which the Applicant (Defendant) was adjudged to be the putative father, for a summons requiring you to appear as Respondent on the hearing of an application by Applicant that

The amount of such weekly sum should be varied by being

or

The conditions relating to the payment, receipt of such weekly sum should be varied as follows:

or

The payment of such weekly sum should cease. This is to command you to appear as Respondent on the hearing of said application at the District Court at......................................................, on the........................day of..............................., 19...., at............o'clock, in the............noon, before the Justice for the time being assigned to such District to answer to the said application.

Dated this..................day of.............................., 19..........

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

Justice of the District Court assigned to said District.

To......................................................

of...........................................................

the above-named Respondent.

S.(6A).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE).

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

SECTION 5, SUB-SECTION 1.

(SUMMONS).

WHEREAS application has been made to me, a Justice of the District Court assigned to District No...................., by............................................................ ..............,

of............................................................ .................., Applicant, a person claiming to be

the proper person to receive a weekly sum of..................................................., payable

to you............................................................ .., of............................................................ ..,

by you............................................................ .., of............................................................ ..,

(hereinafter called the Respondent (Respondents) ), under an Affiliation Order

duly made by the Justice sitting at the District Court at.......................................................,

in said Court Area and District on the...................................day of................................, 19............., in respect of an illegitimate child named...................................., of which child you.............................................were adjudged to be the putative father, for a Summons requiring you, the Respondent (Respondents) to appear on the hearing of an Application by Applicant that the person to whom such weekly sum is payable should be changed. This is to command you and each of you to appear as Respondent (Respondents) on the hearing of the said application at the District Court at...................................., on the..................day of...................................., 19..., at............... o'clock in the..............noon, before the Justice for the time being assigned to said District, to answer to the said application.

Dated this.....................day of...................................., 19..........

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

Justice of the District Court assigned to said District.

To......................................................

of......................................................

and................................................

of............................................

the above-named Respondents.

S.(7).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE).

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

SECTION 6.

(SUMMONS).

WHEREAS an application has been made to me, a Justice of the District Court assigned to District No........................ by............................................................ .............,

of............................................................ ............., Applicant, a person to whom a weekly

sum of........................................, is (was) payable by you....................................................,

of............................................................ ..................(hereinafter called the Respondent),

under an Affiliation Order duly made by the Justice sitting at the District Court

at............................................................ ....................., in said Court Area and District on

the.....................day of............................................................ ....., 19..........., in respect of

an illegitimate child named............................................................ ............., of which you

............................................................ ....... (one............................................................ .......

of............................................................ .................., whose personal representative you

are) were (was) adjudged to be the putative father, and which child has attained the age of 14 years, but is under the age of i6 years (attained the age of 16 years within the past six months, the said weekly sum having been payable by you immediately before such child attained that age) for a Summons requiring you to appear as Respondent on the hearing of an Application by Applicant for an Order that you, as the putative father (the personal representative of the putative father) should pay a sum not exceeding Fifty Pounds for the purpose of apprenticing such child to a trade, This is to command you to appear as Respondent at the hearing of said Application at the District Court at............................., on the..................day

of.............................., 19... , at............o'clock in the...............noon, before the Justice for the time being assigned to said District, to answer to the said Application.

Dated this..................day of...................................., 19.........

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

Justice of the District Court assigned to said District.

To....................................................

of.................................................

the above-named Respondent,

S. (8)

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE.)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

SECTION 7.

(SUMMONS.)

WHEREAS an Application has been made to me, a Justice of the District Court assigned to District No....................................by....................................................

of............................................................ ...., Applicant, a person to whom a weekly sum

of...........................is payable by you,..................................of............................................

hereinafter called the Respondent (as personal representative of..................................

of.................................................), under an Affiliation Order duly made by the Justice

sitting at the District Court at............................................................ .............in said Court

Area and District, on the........................day of...............................................19...................,

in respect of an illegitimate child named....................................................of whom you

(the said....................................) were (was) adjudged to be the putative father, and

which child died within the two months last past, to wit on the ................................day

of.................................................19..............., for a Summons requiring you to appear as Respondent on the hearing of an Application by Applicant for an Order that you, the putative father (the personal representative of the putative father) should pay to the applicant the funeral expenses of such child to an amount not exceeding £5, viz.................................................... This is to command you to appear as Respondent at the hearing of said application at the District Court at....................................on the.....................day of ....................19......., at......................o'clock in the............noon before the Justice for the time being assigned to said District, to answer to the said application.

Dated this..................day of................................19.........

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

Justice of the District Court assigned to said District.

To.........................................................

of.................................................

the above-named Respondent.

S. (9).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE.)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

SECTION 8, SUB-SECTION 1.

(SUMMONS.)

WHEREAS an Application has been made to me, a Justice of the District

Court assigned to District No..................................by......................................................

of................................................Applicant, a person liable (as personal representative of.......................................................of............................................................ .......) to pay

a weekly sum of..................................to....................................of......................................

hereinafter called the Respondent, under an Affiliation Order duly made on the.................day of....................................19......., by the Justice sitting at the District Court at.......................................in said Court Area and District in respect of an illegitimate child named.................................... of which child the Applicant (the said.................................) was adjudged to be the putative father, for a Summons requiring you to appear as Respondent on the hearing of an Application by Applicant for an Order authorising the Applicant to commute such weekly sum by the payment of a lump sum of an amount to be fixed by me, This is to command you to appear as Respondent at the hearing of said Application at the District Court at............................. on the..................day of.................................19......, at............... o'clock, in the............noon, before the Justice for the time being assigned to said District, to answer to the said Application.

Dated this....................day of.................................19..........

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

Justice of the District Court assigned to said District.

To ........................................................

of..........................................................

the above-named Respondent.

S. (10).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE.)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

SECTION 10, SUB-SECTION 1.

(SUMMONS.)

WHEREAS an application has been made to me, a Justice of the District Court assigned to District No........................................by...................................who resides at..........................................in said Court Area and District, and hereinafter called the Applicant, the mother of an illegitimate child named .......................................of whom you,................of ............., hereinafter called the Respondent, admit yourself to be the father, and against whom no Affiliation Order has been made in respect of such child, and you the Respondent have entered into an agreement with the said Applicant by which you have bound yourself to make provision for and in respect of such child, and the Applicant has made an information in writing upon oath, identifying you the admitted father as the father of such child, for a summons requiring you to appear as Respondent on the hearing of an Application by Applicant for an Order of Approval by me of such agreement. This is to command you to appear as Respondent at the hearing of the said Application at the District Court at....................................on the..................day of ................19......, at...............o'clock in the............noon, before the Justice for the time being assigned to said District, to answer to the said Application.

Dated this..................day of.................................19..........

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

Justice of the District Court assigned to said District.

To ........................................................

of...............................................

the above-named Respondent..

NOTE.--When application by admitted Father, make the necessary amendments in above Form.

S. (11).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE.)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

SECTION 10, SUB-SECTION 2.

(SUMMONS)

In the District Court Area of............................................................ ....and District

No....................................., Application has been made to me, a Justice of the District

Court assigned to said District, by......................of...................................... (hereinafter called the Applicant), the mother of an illegitimate child named

....................................................., of which child you.......................................................

of............................................................ ................, (hereinafter called the Respondent),

were adjudged to be the putative father, and in respect of which child, after an

Affiliation Order had been duly made against you on the..........................................day

of.................................., 19...., in respect of the said child by the Justice sitting at the District Court at.................................., in said Court Area and District, you entered into an agreement with the Applicant whereby you bound yourself to make provision for and in respect of such child, for a Summons requiring you to appear as Respondent on the hearing of an application by Applicant for an Order of Approval by me of the said Agreement, this is to command you to appear as Respondent at the hearing of the said Application at the District Court at.............................., on the............... day of...................................., 19..., at.........o'clock in the.................... noon, before the Justice for the time being assigned to said District, to answer . to the said Application.

Dated this...................day of...................................., 19..........

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

Justice of·the District Court assigned to said District.

To......................................................

of.....................................

the above-named Respondent.

NOTE.--When application by Putative Father, make the necessary amendments in this form.

S. (12).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE.)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

SECTION 13.

(SUMMONS).

In the District Court Area of.................................., and District No..................., Application has been made to me, a Justice of the District Court assigned to said District, by..............of........................... (hereinafter called the Applicant) who states that by an Affiliation Order duly made on the..................day of.............................., 19......., by the Justice at the sitting of the District Court at................................,in said Court Area and District, you..........................of................................. (hereinafter called the Putative Father) were adjudged to be the putative father of an illegitimate child named............................................., of which (a)...................................................is the mother, and you were ordered to pay (b)..... ............................ and that you, the said Putative Father, have made default in the payments as ordered, and that there is now due thereunder the sum of.......................... and that there is payable to you a certain pension (income) capable of being attached, namely:-- (c).................................................for a Summons requiring you to appear as Respondents on the hearing of an Application by Applicant that an Order be made attaching such income (pension). This is to command you, the Respondents, to appear at the hearing of said Application at the District Court at........................................., in said Court Area and District on the.................day of...................................., 19....,. at..................o'clock, in the..................noon, before the Justice for the time being assigned to said District, to answer the said Application.

Dated this..................day of..................................., 19........

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

Justice of the District Court assigned to said District.

To......................................................

of............................................................ .

the above-named Respondent.

(a) Here insert Applicant, or if the Applicant is some person other than the mother, insert the mother's name.

(b) Recite terms of the Order.

(c) Here give particulars of the pension or income sought to be attached.

(d) In all cases insert as one of the Respondents the person paying such pension or income.

O. (1).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE.)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930.

ORDER ON APPLICATION OF MOTHER (SECTION 3).

On the hearing on this day of a Summons issued on the..................day of ......... ........19........., pursuant to Section 2 of the above-mentioned Act, and after hearing the evidence tendered by and /or on behalf of the Applicant, and evidence of corroboration in a material particular (particulars) of the Applicant's evidence, and after hearing the evidence tendered by and/or on behalf of the Defendant (proof having been given of due service upon the Defendant of said Summons), and it having been proved to my satisfaction that the Applicant, who resides at.......................................in said Court Area and District, and who is a (single woman), (widow), (married woman living separate from her husband), (married woman not living separate from her husband to whom she was married on the..................day of........................... 19.........), was delivered of an illegitimate child named..............................on the..................day of....................................19... , (a) [and that the Defendant (contributed to the maintenance of the said child within six months after its birth), (was not resident in Saorstát Eireann at the date of the birth of said child, and first entered Saorstát Eireann within the six months immediately prior to the issue of the above-mentioned Summons), (was resident in Saorstát Eireann at the date of the birth of said child, but ceased to be so resident within six months after said date of said birth and first entered Saorstát Eireann after such cesser within the six months immediately prior to the issue of the abovementioned summons)] and that said child is still alive (died on.....................) and an information in writing upon oath having on the.....................day of......19......, been made by the Applicant, identifying the said Defendant as the Father of said illegitimate child, it is hereby adjudged that the said Defendant is the putative father of the said child, and it is ordered that............................................................ ............................................................ ...............

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

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

Signed,............................................................ 

Justice of the District Court assigned to said District.

This..................day of...............19........

(a) Omit portions not material.

O. (2).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE.)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT 1930 .

ORDER ON APPLICATION BY LOCAL BODY.

On the hearing on this day of a Summons issued on the..............................day of

............................................................ ..........19....., pursuant to Section 2 of the above-

mentioned Act, and after hearing the evidence tendered by and/or on behalf of the Applicant and the evidence tendered by and/or on behalf of the Defendant (proof having been given of due service upon the Defendant of said summons), and it having been proved to my satisfaction that............................................................ ...............who

resides at..........................................................in said Court Area, and District, and who

is a (single woman), (widow), (married woman living separate from her husband) married woman not living separate from her husband to whom she was married on the..................day of....................................19.........), was delivered of an illegitimate child named....................................on the.................. day of....................................19....... (a) [and that the defendant (contributed to the maintenance of the said child within six months after its birth), (was not resident in Saorstát Eireann at the date of the birth of said child and first entered Saorstát Eireann within six months immediately prior to the issue of the above-mentioned summons), (was resident in Saorstát Eireann at the date of the birth of said child, but ceased to be so resident within six months after said date of said birth, and first entered Saorstát Eireann after such cesser within the six months immediately prior to the issue of the said summons)] and that the said child is still alive (died on.................................), and that the Applicant, a Local Body administering the relief of the poor, was at the date of the issue of such summons (and is now) giving relief to the said mother (illegitimate child) and having heard the evidence of the said mother and evidence corroborative of her evidence in a material particular (particulars), and an information in writing upon oath having on the..................day of.............................. 19......., been made by the said mother, identifying the said Defendant as the Father of the said illegitimate child, it is hereby adjudged that the said defendant is the putative Father of the said child, and it is ordered that............................................................ ............................................................ .........

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

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

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

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

Signed,............................................................ .

Justice of the District Court assigned to said District.

This.......................day of...................................19...................................

(a) Omit portions not material.

O. (3).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE).

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930.

ORDER UNDER SECTION 4 (3).

Upon application made this day by the Applicant, and after hearing the evidence tendered by or/and on behalf of the Applicant (and the evidence tendered by or/and on behalf of the Respondent) or (and proof having been given of due service upon the Respondent of the Summons herein dated the............................. day of...................................., 19........), and it having been proved to my satisfaction that the illegitimate child named.................................... in respect of whom an Affiliation Order (adjudging the Respondent to be the putative father of said child) was made on the..................day of.................., 19......., by the Justice sitting at the District Court at..........................., in said Court Area and District, attained the age of sixteen years on the............ day of...................................., 19...., and that a weekly sum of £.................... was payable by the Respondent to the Applicant in respect of the said illegitimate child under the said Affiliation Order immediately before it attained the said age of sixteen years, and it appearing that the said child is mentally (or bodily) deficient in such manner and to such degree as to render the said child totally and permanently unfit for employment of any kind.

It is ordered that the payment of the said weekly sum of £........................ by the Defendant to the Applicant under the said Affiliation Order be continued for the life of the said child.

Dated this...............................day of........................................................, 19.........

O. (4).

SAORSTÁT EIREANN

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE).

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930.

ORDER UNDER SECTION 5 (1 OR 2).

Upon application made this day by the Applicant and after hearing the evidence tendered by or/and on behalf of the Applicant and (the evidence tendered by or/and on behalf of the Respondents) or (proof having been given of due service upon the Respondents of the Summons herein dated the............ day of...................................., 19.........), and it having been proved to my satisfaction that (justice requires that the weekly sum of........................ payable by................................to...................................... under an Affiliation Order made on the..................day of........................, 19...., by the Justice sitting at the District Court at.............................. in said Court Area and District be (increased/reduced) to the weekly sum of £................) or (that it is expedient and in the interests of the illegitimate child named......................................., in respect of whom an Affiliation Order was made on the..................day of.............................., 19......, by the Justice sitting at the District Court at.............................., in said Court Area and District that the weekly sum of...........................payable by.......................to ................................ under the said Affiliation Order should, as from this date, be payable to........................in lieu of the said....................................) or (that it would be conducive to the welfare of the illegitimate child named ........................................., in respect of whom an Affiliation Order was made on the..................day of.............................., 19.........., by the Justice sitting at the District Court at....................................in said Court Area and District to vary (all the) or (the following) conditions, (viz.:   ) set out in said Affiliation Order relating to the payment (or the receipt) of the weekly sum of.................................... (by......................to..................) under the said Affiliation Order) or, as the case may be.

It is hereby ordered that (the said weekly sum of................................. payable by ,......................to.......................................... under the said Affiliation Order be (reduced) (increased) to the weekly sum of.................................... as from this date) (that the said weekly sum of...................................., payable by...................... to............................................. under the said Affiliation Order be, as from this date payable to.................................of.................................... in lieu of the said....................................) (that (all the or/the following) conditions set out in the said Affiliation Order and relating to the payment (or the receipt) of the said weekly sum of..................................., be varied as follows, viz.:...............................................) or, as the case may be.

Dated this..............................day of................................................, 19..........

O. (5).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE).

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

ORDER UNDER SECTION 6.

Upon application made this day by the Applicant and after hearing the evidence tendered by and/or on behalf of the Applicant, and the evidence tendered by and/or on behalf of the Respondent (proof having been given of the due service upon the Respondent of the Summons herein dated the......................day of ..........19......), and it having been proved to my satisfaction that the illegitimate child named................................. (who is under the age of 16 years) in respect of whom a weekly sum of ........................................................is now payable to the Applicant by.....................of....................................... hereinafter called the Respondent under an Affiliation Order adjudging said Respondent (one...................................of whom Respondent is personal representative), to be the putative father of said child, duly made by the Justice sitting at the District Court at....................................in said Court Area and District, on the..................day of.................................19,......... attained the age of 14 years on or about the..................day of........................ 19... (illegitimate child named....................................in respect of whom an Affiliation Order adjudging Respondent (one.................................of whom Respondent is personal representative) to be the putative father of said child was duly made by the Justice sitting at the District Court at..................... in said Court Area and District, on the..................day of............................ 19......, attained the age of 16 years on the...............day of..................... and that a weekly sum of..................was payable by................................to the Applicant under said Affiliation Order in respect of said child immediately before such child attained said age), it is ordered that............................................................ ............................................................ ...............

Dated this.......................................day of............................................... 19..................

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

Justice of the District Court assigned to said District.

O. (6).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE).

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

ORDER UNDER SECTION 7.

Upon application made this day by the Applicant, and after hearing the evidence tendered by and/or on behalf of the Applicant, and the evidence tendered by and/or on behalf of the Respondent (proof having been given of the due service upon the Respondent of the Summons herein dated the....................................day of ...................................19.........), and it having been proved to my satisfaction that the illegitimate child named.,..................................in respect of whom an Affiliation Order was duly made adjudging the Respondent (one.....................of....................................of whom Respondent is the personal representative), to be the putative father of said child by the Justice sitting at the District Court at.......................................in said Court Area and District, on the.................day of................................19....., died on the.................day of...................................................19....., while the weekly sum of..................... was payable under said Order in respect of said child, it is ordered that............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ .

Dated this..................day of....................................19.......

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

Justice of the District Court assigned to said District.

O. (7)

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE).

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930.

ORDER UNDER SECTION 8.

Upon application made this day by the Applicant, and after hearing the evidence tendered by and/or on behalf of the Applicant, and the evidence tendered by and/or on behalf of the Respondent (proof having been given to the due service upon the Respondent of the Summons herein dated the.....................day of...19......), and it having been proved to my satisfaction that the Applicant is liable to pay a weekly sum of........................ to.......................................Respondent, in respect of an illegitimate child named....................................under an Affiliation Order duly made on the.....day of....................................19.... , by the Justice sitting at the District Court at....................................in said Court Area and District, by which said Order the Applicant (one........................of........................... of whom the Applicant is personal representative) was adjudged to be the putative father of such child, and it appearing to me expedient, with a view to securing for the said illegitimate child benefits at least equal to those which said child would derive from a continuation of such weekly sum, and having regard to all the circumstances of the case (and in particular having regard to the probability of the payment of the said weekly sum being continued under the Act after such child has attained the age of sixteen years), to authorise the commutation of said weekly sum by the payment of a lump sum of £ ............... and having been satisfied that...........................of................................. is a fit and proper person to receive and to administer and apply the same for the benefit of the said child, it is ordered that the said sum of £..................... be paid within .............to the said.................................... who shall administer and apply same in the following manner:............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ................

Dated this................................day of............................................19.....................

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

Justice of the District Court assigned to said District.

O. (8).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE).

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930.

ORDER UNDER SECTION 10 (1).

Upon Application made this day by the Applicant, and after hearing the evidence tendered by and/or on behalf of the Applicant (and the evidence tendered by and/or on behalf of the Respondent) (proof having been given of the due service upon the Respondent of the Summons herein dated the...........day of............ 19.......,) and it having been proved to my satisfaction that the Applicant, who resides at..............................in said Court Area and District, was delivered of an illegitimate child named....................................on the............ day of.............................., 19..... , that the said child is alive, and that Respondent has admitted himself to be the Father of said child in respect of which child no Affiliation Order has been made against the Respondent, and that the Respondent has entered into an agreement with the Mother of said child, and by such agreement has bound himself to make provision for and in respect of such child, and an information in writing upon oath having been on the..................day of.............................., 19......... , made by the Applicant identifying the said Respondent as the Father of the said illegitimate child, and being of opinion that the provision made by the aforesaid agreement for and in respect of the said illegitimate child is substantially as beneficial to such child and its mother as the benefits which could be obtained for and in respect of the said child under the Illegitimate Children (Affiliation Orders) Act, 1930 , it is hereby ordered

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

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

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

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

Dated this......................................day of........................................, 19.....................

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

Justice of the District Court assigned to said District.

NOTE.--.If Application by admitted father, make necessary alterations.

O. (9).

SAORSTÁT EIREANN

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

ORDER UNDER SECTION 10 (2).

Upon Application made this day by the Applicant, and after hearing the evidence tendered by and/or on behalf of the Applicant (and the evidence tendered by and/or on behalf of the Respondent) (proof having been given of the due service upon the Respondent of the Summons herein dated the......day of............ 19..........), and it having been proved to my satisfaction that the Applicant is the mother of an illegitimate child named....................................born on the............day of........................, 19......, and that the said child is alive, and that an Affiliation Order was duly made on the............day of............ 19.... , by the Justice sitting at the District Court at.................., in said Court Area and District adjudging the Respondent to be the putative father of said child, and that after such Affiliation Order was made the Respondent entered into an agreement with the mother of said child whereby he has bound himself to make provision for and in respect of such child, and being of opinion that the provision made by the aforesaid agreement for and in respect of the said illegitimate child is substantially as beneficial to such child and its mother as the benefits which could be obtained for and in respect of the said child under the Illegitimate Children (Affiliation Orders) Act, 1930 , it is hereby ordered:

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

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

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

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

Dated this.................................day of.............................................,19.....................

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

Justice of the District Court assigned to said District.

NOTE.--If Application by Putative Father, make necessary alterations.

O. (10).

SAORSTÁT EIREANN.

AN CHUIRT BREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE).

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 .

ORDER UNDER SECTION 13.

UPON application made this day by the Applicant, and after hearing the evidence tendered by and/or on behalf of the Applicant (and the evidence tendered by and/or on behalf of the Respondent), (proof having been given of the due service upon the Respondents of the summons herein dated the.........day of...................19.........), and it having been proved to my satisfaction that the applicant is the mother of an illegitimate child named.......................born on the...............day of.............................19...., and that the child is alive and that an Affiliation Order was duly made on the ...............day of..............................19........., by the Justice sitting at the District Court at.................................in said Court Area and District, adjudging............................to be the putative father of said child, and ordering him to pay a weekly sum of.......................in respect of said child, and that..............................has made default in the payments as ordered, and that there is now due thereunder the sum of......................and that there is payable to..............................a certain pension (income) capable of being attached, namely............................................................ ............ it is hereby ordered that the sum of........................each week be attached out of the said pension (income) and be paid to............................................. by.......................................................

Dated this.................................day of..............................................19...................

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

Justice of the District Court assigned to said District.

(a) Name Putative Father and person paying income or pension.

A. (1).

SAORSTÁT EIREANN.

AN CHUIRT BHREITHIUNAIS DUITHCHE.

(DISTRICT COURT OF JUSTICE).

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930

RECOGNISANCE IN APPEALS FROM ORDERS MADE UNDER THE ACT.

BE it remembered that on the.....................................day of...........................19....

..........................................................of.................................................., the above-named

defendant, and...................................of............................................................ ....................

(description), and..........................................of............................................................ .......

(description), personally came before me, a Justice of the District Court assigned to

said District (a Peace Commissioner for the County of................................................,

having jurisdiction at....................................in said District), and severally acknowledged themselves to owe to Saorstát Eireann the several sums following, that is to say, the said..............................the sum of............................ and the said...........................and............................the sum of ................each, to be made and levied off their several goods and chattels, lands and tenements respectively, to the use of the Minister for Finance of Saorstát Eireann, if he, the said..........................................fail in the ondition here under.

............................................................ .................Principal Party.

............................................................ ................Surety.

............................................................ ................Surety.

Taken and acknowledged the day and year first above-mentioned at.....................

...........................in the District aforesaid before me.

Signed,............................................................ .

Justice of the District Court assigned to said District or Peace Commissioner.

The condition of the above-written recognisance is such that whereas the said..............................has appealed to the Circuit Judge at the sitting of the Circuit Court to be held at...................................on the................. day of..................................19......... from an Order made against him ou the..............day of...........................19.........., by the Justice of the District Court assigned to said District under Section..... of the Illegitimate Children (Affiliation Orders) Act, 1930, if, therefore, the said........................... will personally appear at the next sitting of the Circuit Court, to which such appeal has been taken, and at such sitting or sittings of the said Circuit Court to which the hearing of the said appeal may be adjourned, and prosecute said appeal, and pay such costs as may be awarded against him, and will, pending determination of said appeal, reside at such place as was his ordinary place of residence at the time the Order appealed from was made against him, or at some other place within the County where such ordinary place of residence is situate, then the said recognisance to be void, or else to stand in full force and effect.