No. 299/1942:

DISTRICT COURT RULES, 1942.

DISTRICT COURT RULES, 1942.

The District Court Rules Committee, with the concurrence of the Minister for Justice, and in exercise of the powers conferred on them by the Courts of Justice Acts, 1924 to 1936, and of every and any other power them in this behalf enabling, hereby make the following Rules:—

1. These Rules, of which the Schedule hereto forms part, may be cited as the District Court Rules, 1942.

2. In these Rules—

the expression "the Principal Act" means the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), and

the expression "the Amending Act" means the Enforcement of Court Orders Act, 1940 (No. 23 Of 1940).

3. These Rules and the District Court Rules, 1926, shall be read together, and accordingly every expression and word to which a particular meaning is given by the District Court Rules, 1926, for the purposes of such Rules shall, in and for the purposes of these Rules, have the meaning so given.

4. All proceedings under Part II of the Principal Act or under Part I of the Amending Act shall be brought before a Justice sitting for the District Court Area for Civil Proceedings wherein the defendant is ordinarily resident; provided that in any District, where the Justice shall so direct, any such proceedings may be brought either before a Court for Civil Proceedings or a Court of Summary Jurisdiction.

5. An application for an examination Order under section 15 of the Principal Act may be made ex parte by the creditor, in person or by his Solicitor. Such application shall be grounded upon evidence upon oath either oral or on affidavit and upon the production of the original or a certified copy of the judgment or order of the competent Court upon which the applicant relies. The word "order" in this Rule shall include an order of a Court of Summary Jurisdiction for payment of other than a penal sum.

An affidavit grounding an application for an examination order shall be entitled as in Form I in the Schedule hereto, and may be sworn before a Justice or a Commissioner for Oaths. The original of such affidavit shall be lodged with the Clerk three clear days prior to the making of the application and shall be retained by him.

6. An examination order when made shall be in accordance with such modification of Form II in the Schedule hereto as may be suitable. A Justice making such order shall sign and issue an original

and a copy of such order. The copy of such order, when issued, shall be served personally upon the debtor fourteen clear days at least before the sitting of the court at which the debtor is required by the Order to attend.

7. An order for arrest and imprisonment made by a Justice under section 16, sub-section 2, of the Principal Act shall be in accordance with such modification of Form III in the Schedule hereto, as may be suitable.

8. An order for payment of debt and costs made by a Justice under section 17 of the Principal Act shall be in accordance with such modification of Form IV in the Schedule hereto as may be suitable. A Justice making such order shall sign and issue an original and a copy of such order. The copy of such order shall, when issued, be served as soon as practicable on the debtor.

9. An application by a creditor under section 6 of the Amending Act shall be by summons, which shall be in accordance with such modification of Form V in the Schedule hereto as may be suitable. Every such summons may be issued and signed by a Justice, a Peace Commissioner or a Clerk. An original and a copy of such summons shall be issued and the copy shall be served personally upon the debtor seven clear days at least before the sitting of the Court to which the summons is made returnable.

10. An order for arrest and imprisonment of a debtor made by a Justice under section 6 of the Amending Act shall be in accordance with such modification of Form VI in the Schedule hereto as may be suitable.

11. Before making an order for the arrest and imprisonment of a debtor under section 6 of the Amending Act, a Justice shall be satisfied of the due service upon the debtor of any order made against him under section 17 of the Principal Act, and of the debtor's failure to comply with such order, and (in the event of the debtor failing to appear) of due service upon the debtor of the summons mentioned in Rule 9 hereof.

12. Where, subsequent to the arrest and imprisonment of a debtor under section 6 of the Amending Act, the amount of the arrears of instalments and costs specified in the order of arrest and imprisonment is paid to the Clerk, he shall deliver a certificate of payment to the person making the payment on behalf of the debtor, and shall with all reasonable celerity forward a similar certificate of payment to the Governor of the prison in which the debtor is imprisoned, and to the creditor or his Solicitor respectively. Such certificate of payment shall be in accordance with such modification of Form VII in the Schedule hereto as may be suitable.

13. Where a Justice has refused an application for an examination order the applicant shall be entitled to obtain from the Clerk a certificate of such refusal which shall be in accordance with such modification of Form VIII in the Schedule hereto, as may be suitable. Such certificate shall be signed by the Justice.

14. An application under section 5 of the Amending Act shall be by summons, which shall be in accordance with such modification of Form IX in the Schedule hereto as may be suitable. Every such summons may be issued and signed by a Justice, a Peace Commissioner, or a Clerk.

15. An order made by a Justice under section 5 of the Amending Act varying an instalment order shall be in accordance with such modification of Form X in the Schedule hereto as may be suitable. A Justice making such order shall sign and issue an original and a copy of such order. The copy of such order when issued shall forthwith be served on the debtor or the creditor, as the case may be.

16. An order for the arrest and imprisonment of a debtor made by a Justice of the District Court under section 16 of the Principal Act or under section 6 of the Amending Act shall remain in full force and effect for a period of one year from the date thereof, and no longer.

17. An application under section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886, for an order for the payment of a weekly sum shall be by summons which shall be in accordance with such modification of Form XI in the Schedule hereto as may be suitable. Every such summons may be issued and signed by a Justice, a Peace Commissioner, or a Clerk.

18. An order for the payment of a weekly sum under section 1 of the Married Women (Maintenance in Case of Desertion) Act, 1886, shall be in accordance with such modification of Form XII in the Schedule hereto as may be suitable.

19. An application under section 8 (1) of the Enforcement of Court Orders Act, 1940 (No. 23 of 1940) shall be made in the District Court Area wherein the original order was made. Such application shall be by information upon oath and in writing. A Justice to whom such application is made may, if he thinks fit, instead of issuing a warrant, issue a summons to such defaulter commanding his appearance before him. Such summons shall be in accordance with such modification of Form XIII in the Schedule hereto as may be suitable, and may be served as prescribed by Rule 15 of the District Court Rules of 1926. If, upon the hearing of such summons, the defaulter fails to appear the Justice may issue a warrant for the apprehension of such defaulter to cause him to be brought before him.

20. The warrant of apprehension under section 8 (1) of the Amending Act shall be in accordance with such modification of Form XIV in the Schedule hereto as may be suitable.

21. The warrant of distress under section 8 (1) of the Amending Act shall be in accordance with such modification of Form XV in the Schedule hereto as may be suitable.

22. Where a defaulter has been sentenced to imprisonment under section 8 (1) of the Amending Act, the warrant of execution shall be in accordance with such modification of Form XVI in the Schedule hereto as may be suitable.

23. The recognizance to be entered into by a defaulter under section 8 (2) of the Amending Act shall be in accordance with such modification of Form XX in the Schedule hereto as may be suitable.

24. The warrant of detention in custody of a defaulter under section 8 (2) of the Amending Act shall be in accordance with such modification of Form XVII in the Schedule hereto as may be suitable.

25. Where a Justice has issued a warrant of distress and no return or no sufficient return shall have been made, and the defaulter is thereupon sentenced to imprisonment, the warrant of execution shall be in accordance with such modification of Form XVIII in the Schedule hereto as may be suitable.

26. An application to vary an Order for payment of a weekly sum under paragraph (b) of section 7 of the Amending Act, or under subsection (2) of section 1 or section 2 of the Married Women (Maintenance in Case of Desertion) Act, 1886, shall be brought before a Justice sitting for the District Court Area wherein the order which it is sought to vary was made, and shall be by summons which shall be in accordance with such modification of Form IX in the Schedule hereto as may be suitable. Every such summons may be issued and signed by a Justice, a Peace Commissioner, or a Clerk.

27. An order varying a weekly payment specified in Rule 26 shall be in accordance with such modification of Form XIX in the Schedule hereto as may be suitable.

28. Any order or summons shall be served by a person appointed a summons server, and (except in the case of an order or summons required by these Rules to be served personally) may be served upon the person to whom it is directed by delivering to him a copy of such summons or order or by leaving such copy for him at his last or most usual place of abode, or at his office, warehouse, countinghouse, shop, factory, or place of business, with the husband, wife, child, father, mother, brother, sister, or any other relation of the person to whom it is directed, or his wife, or her husband, or with any agent, clerk or servant of the person to whom it is directed, not being under the age of sixteen years. Save where these Rules otherwise require every such summons or order shall be served at least seven clear days before the sitting of the Court at which the attendance of the person to whom it is directed is required.

29. In any case in which a summons or order is by these Rules required to be served personally, upon proof upon oath, either oral or on affidavit as to the Justice shall seem meet, that the person to be served with such summons or order has been evading service, a Justice may order that such summons or order be served in the manner provided in Rule 26 hereof, and may without further evidence issue a fresh summons or order for service.

30. Proof of service shall be given in the manner prescribed in Rule 16 of the District Court Rules, 1926.

31. The remuneration to be paid to the summons server for the service of an order or summons required to be served personally shall be two shillings and sixpence payable on proof of service.

32. The civil process in ejectment for non-payment of rent shall be in accordance with such modification of Form XVI in the Second Part of the First Schedule to the District Court Rules, 1926, as may be suitable. The decree in such cases shall be in accordance with such modification of Form XVII in the said Part of the said Schedule as may be suitable.

33. The Ejectment Book to be kept by the Clerk under Rule 114 of the District Court Rules, 1926, shall be in accordance with such modification of Form XVIII in the Second Part of the First Schedule to the said Rules as may be suitable.

34. The certificate mentioned in Rule 119 of the District Court Rules, 1926, shall be in accordance with such modification of Form XIX in the Second Part of the First Schedule to the said Rules as may be suitable.

35. The decree mentioned in Rule 85 of the District Court Rules, 1926, shall be in accordance with such modification of Form XX in the Second Part of the First Schedule to the said Rules as may be suitable.

36. The District Court Rules, 1941 (No. 2) ( S. R. & O. No. 337 of 1941 ) are hereby revoked.

GIVEN this 28th day of May, 1942.

(Signed) M. J. HANNAN,

MICHEÁL Ó LEANNÁIN,

LOUIS J. WALSH,

DENIS B. SULLIVAN,

LIAM PRICE,

WILLIAM G. FALLON,

EDWARD H. BURNE,

JOHN P. CARRIGAN,

T. V. CLEARY,

I concur with the making of the foregoing Rules.

(Signed) GERALD BOLAND,

Minister for Justice.

Dated this 9th day of July, 1942.

SCHEDULE OF FORMS.

Form I (Rule 5).

TITLE OF AFFIDAVIT GROUNDING APPLICATION FOR EXAMINATION ORDER.

AN CHÚIRT DÚITHCHE

(THE DISTRICT COURT).

District Court Area of 

In the matter of an intended application

Between

Plaintiff

AND

Defendant.

And in the matter of the Enforcement of Court Orders Acts, 1926 and 1940.

Form II (Rule 6).

EXAMINATION ORDER.

ENFORCEMENT OF COURT ORDERS ACTS, 1926 AND 1940.

Upon application made this day to me, a Justice of the District Court, assigned to said District, and *upon reading the affidavit lodged on behalf of the Plaintiff (or upon hearing the oral evidence offered on behalf of the Plaintiff) whereby it appears that a sum of is now due by the Defendant to the Plaintiff for debt and costs under a judgment of a competent Court, namely a judgment, decree or order of the Court dated the day of , 19 , and obtained by the Plaintiff against the Defendant, and that the Defendant ordinarily resides at which is situate within the said Court Area and District, and that the Defendant has no goods which could be taken in execution under any process of the Court by which the said judgment was given, 

NOW I,     , a Justice of the District Court assigned to said District do hereby order the Defendant to attend before me, or such other Justice of the District Court as may be sitting at the District Court to be held at the COURTHOUSE at , on the day of 19 , at o'clock in the noon, to be examined as to his means.

AND I DO FURTHER ORDER that not less than one week before the said the defendant, DO LODGE WITH THE CLERK OF THE SAID DISTRICT COURT AT a full statement in writing, to be signed by said Defendant, setting forth (1) his assets and liabilities, (2) his income from all sources, (3) the means by which such income is earned or the source from which it is derived; and (4) the persons for whose support he is legally or morally liable.

Dated this day of , 19 .

To the above-named Defendant

Justice of the District Court

assigned to said District.

* Strike out words not applicable.

(Note.—A debtor failing to lodge a statement of means in compliance with this Order, or failing to attend at the District Court named, and submit himself for examination as to his means, incurs the risk of having an Order made against him for payment in one sum of the full amount due by him and imprisonment consequent upon failure to comply with such Order. A defendant lodging a statement of means, which to his knowledge is false, may be imprisoned with hard labour for a period not exceeding three months.)

Form III (Rule 7).

ORDER FOR ARREST AND IMPRISONMENT UNDER SECTION 16 of THE ENFORCEMENT OF COURT ORDERS ACT, 1926 .

The Defendant having been duly served with an Examination Order dated the day of 19 and having in compliance with said Order, lodged with the Clerk of the District Court a statement of his means.

And I, a Justice of the District Court, assiged to said District, being satisfied, upon evidence produced before me this day, that the said statement of means, so lodged, is false, to the knowledge of the Defendant in certain material particulars, namely as to the amount of his income (or as the case may be) have ordered that the said Defendant of in the County of be arrested and imprisoned in the prison at for a period of 

THIS IS TO COMMAND YOU to whom this warrant is addressed, to arrest the said Defendant and lodge him in the Prison at there to be imprisoned for a period of 

And for this the present warrant shall be a sufficient authority to all whom it may concern.

Dated this day of , 19 .

To the Superintendent of the Gárda Síochána at and his assistants.

Justice of the District Court

assigned to said District.

Form IV (Rule 8).

INSTALMENT ORDER.

ENFORCEMENT OF COURT ORDERS ACTS, 1926 AND 1940.

WHEREAS proof has been given of the due service upon the Defendant of the examination order made herein dated the day of , 19 .

AND WHEREAS the Defendant * has failed to lodge a statement of means in accordance with the said examination order (or has failed to attend for examination this day in accordance with the said examination order, or has refused to submit himself to cross examination by or on behalf of the Plaintiff or has attended for examination his day in accordance with the said examination order and hast failed to satisfy me, a Justice of the District Court, on examination and cross examination that he is not able to pay the sum of £ in one sum or by instalments).

UPON hearing what was offered this day on behalf of the Plaintiff and the Defendant respectively, And being so requested by the Plaintiff, I, a Justice of the District Court assigned to said District, do order that the above-named Defendant of in the said District Court Area, do pay to the Plaintiff the sum of £ being the balance due for debt and costs, pursuant to the Judgment, Decree, or Order of the Court dated the day of , 19 , together with the sum of £ being the costs of these proceedings in manner following, that is to say :— *by instalments of £ each, the first of such instalments to be paid on the day of , 19 , (or in one payment to be paid on the day of , 19 .)

Dated this day of , 19 .

Justice of the District Court

assigned to said District.

* Strike out words not applicable.

Form V (Rule 9)

ENFORCEMENT OF COURT ORDERS ACTS, 1926 AND 1940.

The Defendant is hereby required to attend at o'clock in the noon on the day of , 19 at the sitting of the District Court to be held at the in the County of and in the said District upon the hearing of an application on behalf of the Plaintiff for an order that the Defendant be committed to prison for his failure to comply with an order for payment made against him on the or for such other relief as to the Court in the circumstances may seem meet, and for the costs of the application.

Dated this    day of       , 19  .

Justice of the District Court assigned to said District.

Clerk of the District Court for said District Court Area and District.

Peace Commissioner.

To 

of 

Form VI (Rule 10).

ORDER FOR ARREST AND IMPRISONMENT UNDER ENFORCEMENT OF COURT ORDERS ACT, 1940 (SEC. 6).

WHEREAS by an Order dated made by a Justice of the District Court assigned to said District, the Defendant was ordered to pay the sum of £ and £ costs *by instalments of £  each the first of such instalments to be paid on the day of 19 , (or in one payment to be paid on the day of 19 ),

AND WHEREAS the Plaintiff has this day applied for an Order for Committal of the Defendant for his failure to comply with said Order,

AND WHEREAS proof has been given of the due service upon the Defendant of the Instalment Order, and of the Summons herein dated the day of , 19 ,

AND WHEREAS the Defendant has failed to appear upon the hearing of said Summons, (*or And upon hearing of evidence of the Defendant in person and of it appears to me that the Defendant has failed *to pay one or more of such instalments, or to make such one payment and has not shown to my satisfaction that such failure to pay was due neither to his wilful refusal nor his culpable neglect),

NOW it is hereby ordered that the said Defendant for his failure to pay said instalments (or to make such one payment) be committed to the prison at there to be imprisoned for the period of from the date of his arrest unless he, or someone on his behalf, shall sooner pay to the Clerk of the District Court for said District at or to you for the said Clerk or to the Governor of the said prison for the said Clerk, the sum of £ being the amount of all instalments of the said debt and costs which have accrued before and are unpaid at the date of this Order, and a further sum of £ , being the costs of this Order, making in all the sum of £ .

Dated this day of , 19 .

Justice of the District Court

assigned to said District.

To Superintendent,

District, Gárda Síochána, and his Assistants.

* Strike out words not applicable.

FORM VII (Rule 12).

CERTIFICATE OF PAYMENT.

ENFORCEMENT OF COURT ORDERS ACTS, 1926 AND 1940

.

I hereby certify that now imprisoned in the Prison at , upon an Order dated the day of , 19 of , Justice of the District Court, assigned to said District at the suit of for non-payment of an Instalment Order (or as the case may be) of £ has satisfied the full amount specified in the said Order:

Dated this day of , 19 .

District Court Clerk for said

District Court Area and District.

FORM VIII (Rule 13).

CERTIFICATE OF REFUSAL.

ENFORCEMENT OF COURT ORDERS ACTS, 1926 AND 1940.

ÉIRE

AN CHÚIRT DÚITHCHE.

(THE DISTRICT COURT).

District Court Area of 

District No. 

In the matter of an application 

BETWEEN

Plaintiff

AND

Defendant.

This is to certify that an application was made on the day of , 19 , by of in the County of for an Order that an Examination Order might issue directed to of in the County of and that such application was refused by me.

Dated this day of , 19 

Justice of the District Court assigned to said District.

FORM IX (Rules 14 and 26).

SUMMONS TO VARY AN INSTALMENT OR MAINTENANCE ORDER.

ENFORCEMENT OF COURT ORDERS ACTS, 1926 AND 1940.

MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION) ACT, 1886.

You are hereby required to attend at the District Court to be held at in the County of on the day of , 19 , at o'clock in the noon upon the hearing of an application on behalf of the Plaintiff (or Complainant or Defendant) to have an Order made in this matter on the day of , 19 , by the Justice of the District Court assigned to said District at the District Court of District No. varied as provided by section of the Enforcement of Court Orders Act, 1940 (or as the case may be) or for such other relief as the Justice may think reasonable, and for the costs of this application.

Dated this day of , 19 

Signed 

Justice of the District Court assigned to said District.

Clerk of the District Court for said District Court Area and District.

Peace Commissioner.

To 

of 

the above-named *Plaintiff or Complainant or Defendant.

* Strike out word not applicable.

FORM X (Rule 15).

ORDER VARYING INSTALMENT ORDER UNDER SECTION 5, ENFORCEMENT OF COURT ORDERS ACT, 1940 .

WHEREAS by an Order dated the day of , 19 , and made by a Justice of the District Court sitting at the District Court of , District No. , the Debtor was ordered to pay the sum of and the sum of costs by instalments of each, the first of the said instalments to be paid on the day of 19 , (or in one payment to be paid on the day of , 19  ).

AND WHEREAS proof has been given of the due service upon the Defendant of the said Instalment Order and the said Order is still in force.

Upon application made this day by the *Defendant (or Plaintiff) in respect of the said Instalment Order and upon proof of due service of the Summons herein dated the day of 19 , I, a Justice of the District Court, assigned to said District, do hereby vary the said Order dated the day of , 19 , and direct that on and from the day of , 19 , the sum of , being the balance of the said debt and costs remaining unpaid, together with the sum of £ , the costs of this application be paid by the Defendant in instalments of £ , the first to be paid on 

Dated this day of , 19 

Justice of the District Court assigned to said District.

To The above-named Defendant or Plaintiff.

NOTE.—The date from which the variation is to have effect must be not later than the date of this Order.

* Strike out word not applicable.

FORM XI (Rule 17).

SUMMONS UNDER SECTION I OF THE MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION) ACT, 1886.

AN CHÚIRT DÚITHCHE.

(THE DISTRICT COURT).

WHEREAS a complaint has been made by the Complainant, a married woman residing at within the said District, that you, being the husband of the said Complainant and being able wholly, or in part, to maintain her and her family, do wilfully refuse and neglect so to do, and have deserted her.

AND WHEREAS you will be required to show cause why you should not be ordered to pay to the said Complainant for her support and the support of her family, such weekly sum, not exceeding four pounds, as may be in accordance with your means and any means the Complainant may have.

THIS is to command you to appear as Defendant on the hearing of the said complaint at the , in said District, on the at o'clock, in the noon, before the Justice sitting for the said District.

Dated this day of , 19 

Signed *Justice of the District Court assigned to said District.

Clerk of the District Court for said District.

Peace Commissioner.

To the above-named Defendant of

of

* Strike out words not applicable.

FORM XII (Rule 18).

ORDER FOR THE PAYMENT OF A WEEKLY SUM UNDER SECTION I OF THE MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION) ACT, 1886.

Upon the application this day of the Complainant, of , a married woman resident in the said Court Area, and upon hearing what was offered on behalf of the said Complainant and the Defendant respectively, and being satisfied that the Defendant, being able wholly or in part to maintain his wife, the said Complainant, has wilfully refused or neglected so to do, and has deserted the said Complainant.

I, a Justice of the District Court, assigned to said District, do hereby Order that the Defendant do pay to his wife, the said Complainant, the weekly sum of , which weekly sum I consider to be in accordance with the means of the Defendant and with any means the said Complainant may have for the support of the aid Complainant and the support of her family, the first of such weekly payments to be made on the day of 19 .

Dated this day of , 19 .

Justice of the District Court assigned to said District.

FORM XIII (Rule 19).

ENFORCEMENT OF COURT ORDERS ACT, 1940 , SECTION 8

WHEREAS information and complaint were made upon oath and in writing to me a Justice of the District Court assigned to said District, on the day of , 19 , by one of in said District, hereinafter called the Applicant, that on the day of , 19 , an Order was made by this Court under the Married Women (Maintenance in Case of Desertion) Act, 1886, (the Illegitimate Children (Affiliation Orders) Act, 1930 ) whereby was ordered to pay to the said Applicant, the weekly sum of for , and that said sum has not been duly paid.

THIS is to command you to appear as Defendant on the hearing of the said Complaint at the District Court at in said District Court Area and District, on the day of , 19 , at o'clock .m., before a Justice for the time being assigned to said District, to answer to the said Complaint.

Dated this day of , 19 .

Signed 

Justice of the District Court assigned to said District.

To the above-named

of

FORM XIV (Rule 20).

AN CHÚIRT DÚITHCHE.

(THE DISTRICT COURT).

WARRANT OF APPREHENSION UNDER SECTION 8, ENFORCEMENT OF COURT ORDERS ACT, 1940 .

District Court Area of

District No.

WHEREAS information and complaint have been made upon oath and in writing before me, , a Justice of the District Court assigned to said District, this day of , 19 , by one of in said District, hereinafter called the Applicant, that on the day of , 19 , an Order was made under the *Married Women (Maintenance in Case of Desertion) Act, 1886 (or Illegitimate Children (Affiliation Orders) Act, 1930 ), in this Court, whereby, , hereinafter called the Defaulter, was ordered to pay to said Applicant a weekly sum of for the maintenance of and that the payments directed to be made by the said Order have not been made according thereto by the said Defaulter, and there is now in arrear for the same the sum of £ , being the amount of weekly payments, which have become due and payable within the six months immediately preceding this date.

This is, therefore, to command you forthwith to apprehend the said and convey him before me or some other of the Justices of the District Court assigned to said District to answer the premises and be dealt with according to law.

Dated this day of , 19 .

Justice of the District Court assigned to said District.

The Superintendent,

District, Gárda Síochána,

and his assistants.

* Strike out words not applicable.

FORM XV (Distress) (Rule 21).

WARRANT OF EXECUTION UNDER SECTION 8 of ENFORCEMENT OF COURT ORDERS ACT, 1940 .

AN CHÚIRT DÚITHCHE.

(THE DISTRICT COURT).

District Court Area of         District No.

WHEREAS Complaint upon oath and in writing was, on the day of , 19 , made to me, a Justice of the District Court assigned to said District, that an Order was made on the day of , 19 , at within the said Court Area and District under the *Married Women (Maintenance in Case of Desertion) Acts, 1886 (or Illegitimate Children (Affiliation Orders) Act, 1930 ), directing of (hereinafter called the Defaulter) to pay the weekly sum of and that of the said weekly sums which had become payable within the six months immediately preceding the date of the said Complaint by virtue of the said Order, the sum of £ had not been duly paid.

AND WHEREAS upon the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant), 1, the said Justice, have caused the Defaulter by Warrant to be brought this day before me sitting at aforesaid.

AND WHEREAS the Defaulter has appeared this day before me, the said Justice, sitting at aforesaid, in obedience to a Summons to answer the said Complaint issued on the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant).

AND WHEREAS upon hearing the Applicant and the Defaulter and such evidence as they have respectively adduced, I am satisfied that of the said weekly sums which have become payable by virtue of the said Order of the day of , 19 , within the six months immediately preceding the making of such Complaint, the sum of £ has not been duly paid.

NOW IT IS HEREBY ORDERED AND DIRECTED that the said sum of £ , together with the sum of £ , the Costs of these proceedings, be levied by distress and sale of the goods of the Defaulter, and be paid to the Clerk of the District Court at within days from this date.

This Warrant to be returned in    days if not executed.

Dated this day of , 19 .

Signed 

Justice of the District Court assigned to said District.

* Strike out words not applicable.

To all Under-Sheriffs and County Registrars acting as such.

County of              I authorise and empower

to wit               of       

and                of       

Court Messengers, or either of them, and their assistants to execute the above Warrant.

Signed 

Under Sheriff of the County of

The sum to be levied hereunder is £ 

Under Sheriff.

FORM XVI (Where no Order for Levy)

(Rule 22).

WARRANT OF COMMITTAL UNDER SECTION 8 (1) OF THE ENFORCEMENT OF COURT ORDERS ACT, 1940 .

AN CHÚIRT DÚITHCHE.

(THE DISTRICT COURT).

District Court Area of         District No.

WHEREAS Complaint upon oath and in writing was on the day of , 19 , made to me, a Justice of the District Court assigned to said District, that an Order was made on the day of , 19 , at within said Court Area and District under the *Married Women (Maintenance in Case of Desertion) Act, 1886 (or Illegitimate Children (Affiliation Orders) Act, 1930 ) directing of (hereinafter called the Defaulter) to pay the weekly sum of and that of the said weekly sums which had become payable within the six months immediately preceding the date of the said Complaint by virtue of the said Order, the sum £ of had not been duly paid.

AND WHEREAS upon the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant), I, the said Justice, have caused the Defaulter by Warrant to be brought before me sitting at aforesaid.

AND WHEREAS the Defaulter has appeared this day before me, the said Justice, sitting at aforesaid, in obedience to a Summons to answer the said Complaint issued on the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant).

* Strike out words not applicable.

AND WHEREAS upon hearing the Applicant and the Defaulter and such evidence as they have respectively adduced, I am satisfied that of the said weekly sums which have become payable by virtue of the said Order of the day of , 19 , within the six months immediately preceding the making of such Complaint, the sum of £ has not been duly paid.

And the Defaulter not having shown to my satisfaction that the failure to pay the said sum was due neither to his wilful refusal nor to his culpable neglect.

THIS IS TO COMMAND YOU to whom this Warrant is addressed to lodge the Defaulter, the said in the prison at , there to be imprisoned by the Governor of the said Prison for the period of months unless he or someone on his behalf shall sooner pay to the District Court Clerk at or to you for said Clerk, or to the Governor of the said Prison for the said Clerk the said sum of £ and the sum of £ costs of the said application.

Dated this day of , 19 .

Signed 

Justice of the District Court assigned to said District

Superintendent,

District, An Gárda Síochána,

and his assistants.

FORM XVTI (Rule 24).

WARRANT OF DETENTION UNDER SECTION 8 (2) OF ENFORCEMENT OF COURT ORDERS ACT, 1940 .

AN CHÚIRT DÚITHCHE.

(THE DISTRICT COURT).

District Court Area of       District No.

WHEREAS Complaint upon oath and in writing was, on the day of , 19 , made to me , a Justice of the District Court assigned to said District, that an Order was made on day of , 19 , at within the said Court Area and District under the *Married Women (Maintenance in Case of Desertion) Act, 1886 (or Illegitimate Children (Affiliation Orders) Act, 1930 ), directing of (hereinafter called the Defaulter) to pay the weekly sum of and that of the said weekly sums which had become payable within the six months immediately preceding the date of the said Complaint by virtue of the said Order, the sum of £ had not been duly paid.

* Strike out words not applicable.

AND WHEREAS, upon the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant), I, the said Justice, have caused the Defaulter by Warrant to be brought this day before me sitting at aforesaid.

AND WHEREAS the Defaulter has appeared this day before me, the said Justice, sitting at aforesaid, in obedience to a Summons to answer the said Complaint issued on the application of the person to whom the said sums are payable under the said Order (hereinafter called the Applicant).

AND WHEREAS, upon hearing the Applicant and the Defaulter and such evidence as they have respectively adduced, I was satisfied and of the said weekly sums which have become payable by virtue of the said Order of the day of , 19 , within the six months immediately preceding the making of such Complaint the sum of had not been duly paid and I did thereupon direct that the said sum of together with the sum of £ Costs of the said Application be levied by distress and sale of the goods of the Defaulter and further did require the Defaulter to enter into a Recognizance himself in £ with two solvent sureties in each to appear before me sitting at the District Court at aforesaid, on the day of , 19 , at o'clock in the noon or any adjournment thereof unless the said sum of £ and Costs should previously have been discharged in full either as a result of such levy or otherwise.

AND WHEREAS the Defaulter on being so required to enter into such Recognizance has not complied with such requirement.

THIS IS TO COMMAND YOU to whom this Warrant is addressed to lodge the Defaulter, the said in the Prison at there to be detained by the Governor of the said Prison until the said day of , 19 , when he shall have him at the District Court at aforesaid at the said hour unless he (the Defaulter) be previously released from custody in pursuance of the provisions of Section 8 of the Enforcement of Court Orders Act, 1940 .

Dated this day of , 19 .

Signed 

Justice of the District Court assigned to said District.

The Superintendent,

District, An Gárda Síochána,

and his assistants.

Enforcement of Court Orders Act, 1940 , section 8 (2) (c):

" if while the defaulter is so in custody either—

(i) he enters into a recognizance before a peace commissioner with sureties to the satisfaction of such peace commissioner to appear before such Justice on the said specified day if the said amount is not previously discharged as a result of such levy or otherwise, or

(ii) the said amount is discharged in full either as a result of such levy or otherwise, the Defaulter shall be released from custody forthwith."

Form XVIII (Rule 25).

(Where Levy Order has been made).

WARRANT OF DETENTION UNDER SECTION 8 (2) OF ENFORCEMENT OF COURT ORDERS ACT, 1940 .

AN CHÚIRT DUITHCHE.

(The District Court).

District Court Area of          District No.

WHEREAS Complaint upon oath and in writing was on the day of  , 19  , made to me, a Justice of the District Court assigned to said District, that an Order was made on the day of  , 19  , at within the said Court Area and District under the *Married Woman (Maintenance in Case of Desertion) Act, 1886 (or Illegitimate Children (Affiliation Orders) Act, 1930 ) directing  of  (hereinafter called the Defaulter) to pay the weekly sum of  and that of the said weekly sums which had become payable within the six months immediately preceding the date of the said Complaint by virtue of the said Order, the sum of £  had not been duly paid,

AND WHEREAS, upon the application of  the person to whom the said sums are payable under the said Order (hereinafter called the Applicant), I, the said Justice, did cause the Defaulter by Warrant to be brought before me sitting at  aforesaid on the  day of  , 19  .

AND WHEREAS the Defaulter has appeared this day before me, the said Justice, sitting at  aforesaid, in obedience to a Summons to answer the said Complaint issued on the application of  , the person to whom the said sums are payable under the said Order (hereinafter called the Applicant).

AND WHEREAS upon hearing the Applicant and the Defaulter and such evidence as they respectively adduced, I was satisfied on the  day of  , 19  , that of the said weekly sums which had become payable by virtue of the said Order of the  day of  , 19  , within the six months immediately preceding such Complaint the sum of £  had not been duly paid.

* Strike out words not-applicable

AND WHEREAS I directed that the said sum of £  together with the sum of £  for Costs of said proceedings be levied by distress and sale of the goods of the Defaulter, AND I DID FURTHER REQUIRE the Defaulter to enter into a Recognizance with sureties to appear before me, the said Justice, sitting at  aforesaid on this date if the said sums had not previously been discharged in full either as a result of such levy or otherwise *and the Defaulter not having complied with such requirement, I did order him to be detained in custody and brought before me sitting at  this day unless previously released from custody in pursuance of section 8 of the Enforcement of Court Orders Act, 1940 .

[*AND WHEREAS the Defaulter subsequently entered into such recognizances as aforesaid and was discharged from custody and has duly appeared before me this day.]

AND WHEREAS the said amount of £  (consisting of the said sum of £  and the said sum of £  for Costs) has not been discharged in full either as a result of such levy or otherwise and of the said amount of £  the sum of £  has not been paid.

AND WHEREAS the Defaulter has not shown to my satisfaction that the failure to discharge the said amount was due neither to his wilful refusal nor to his culpable neglect THIS IS TO COMMAND YOU to whom this Warrant is addressed, to lodge the Defaulter the said  in the Prison at  there to be imprisoned by the Governor of the said Prison for the period of  months unless he or someone on his behalf shall sooner pay to the District Court Clerk or to the Governor of the Prison for the District Court Clerk the said sum of £  and the sum of £  Costs of said application.

Dated this  day of  , 19.

Signed

Justice of the District Court assigned to said District.

Superintendent,

District, Gárda Siochána, and his assistants.

* Strike out words not applicable.

Form XIX (Rule 27).

ORDER VARYING MAINTENANCE ORDER MADE UNDER SECTION 1, MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION) ACT, 1886, AS AMENDED BY ENFORCEMENT OF COURT ORDERS ACT, 1940 (NO. 23 OF 1940).

WHEREAS by an Order dated the  day of  , 19  , and made by a Justice of the District Court assigned to said District, the Defendant was directed to pay to the Complainant,  , his wife, a weekly sum of  for her support (and the support of her family).

AND WHEREAS proof has been given of due service upon the said  of the Summons herein dated the  day of  , 19  .

NOW upon the application of the Complainant (or Defendant) and upon proof that the means of the *Complainant (or Defendant) have been altered in amount since the said Order dated the  day of  , 19  , was made, it is hereby ordered that the said Order dated the  day of  , 19  , be varied by *increasing (or reducing) the weekly sum to be paid by the said husband to £  , the first of such *increased (or reduced) payments to be made on the  day of  , 19  .

Dated this  day of  , 19  .

Justice of the District Court assigned to said District.

* Strike out words not applicable.

Form XX (Rule 23).

RECOGNIZANCE UNDER SECTION 8 (2) OF THE ENFORCEMENT OF COURT ORDERS ACT, 1940 .

AN CHÚIRT DÚITHCHE.

(The District Court).

District Area of          District No.

Complainant

Defendant

BE IT REMEMBERED that on the  day of  19, A.B. of  (description).  C.D. of  (description) and E.F. of  (description) personally came, before me, the undersigned, *a Justice of the District Court assigned to said District (or a Peace Commissioner) and severally acknowledged themselves to owe to the State the several sums following, that is to say :—the said A.B. the sum of  pounds, and the said C.D. and E.F. the sum of pounds each to be made and levied off their several goods and chattels, lands and tenements, respectively to the use of the Minister for Finance if the said A.B. fail in the condition hereunder written.

Taken and acknowledged the day and year first above written at  in the District aforesaid.

Signed

Justice of the District Court assigned to said District.

Peace Commissioner.

The condition of the above-written recognizances is such that whereas by Order dated the  day of  , 19 and made by  a Justice of the District Court it was directed that the sum of £  be levied by distress and sale of goods of the said A.B. and the said Justice has required the said A.B. to enter into this recognizance to appear before the said Justice on the  day of  , 19  if the said sum of £ be not previously discharged in full either as a result of such levy as aforesaid or otherwise, if, therefore, the said A.B. will appear and attend in person before the said Justice at the opening of the District Court to be held at  on the  day of  , 19  , if the said amount of £  be not previously discharged in full either as a result of such levy as aforesaid or otherwise and will not depart from the said Court without leave and will attend there in person from day to day during the time the said Court shall be so held, or any adjournment thereof, then the said recognizance to be void, or else to stand in full force and effect.

* Strike out words not applicable.

I certify that the said  has not performed the above obligation.

(Signed)

Justice of the District Court assigned to said District.

Dated this  day of  , 19  .

I, a Justice of the District Court, order that the sum of £  be levied off the goods of the said A.B., and the sum of £  off the goods of each of the said sureties, C.D. and E.F.

(Signed)

Justice of the District Court assigned to said District.

Dated this  day of  , 19  .