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STATUTORY INSTRUMENTS
RULES OF THE SUPERIOR COURTS (No. 2) 1974 (S.I. No. 261 of 1974)
We, the Superior Courts Rules Committee, consti-
tuted pursuant to the provisions of the Courts of Justice
Act, 1936, Section 67, and reconstituted pursuant to the
provisions of the Courts of Justice Act, 1953, Section 15,
bv virtue of the powers conferred upon us by the Courts
of Justice Act, 1924, Section 36, and the Courts of
Justice Act, 1936, Section 68 (as applied by the Courts
(Supplemental Provisions) Act, 1961, Section 48), and
the Courts (Supplemental Provisions) Act, 1961, Section
14, and of all other powers enabling us in this behalf,
do hereby make the annexed Rules of Court.
Dated this 24th day of May, 1974.
Thomas A. O'Reilly.
Frank Griffin
Weldon R. C. Parke
Richard Johnson
the annexed Rules of
William O'B. Fitzgerald
Aindrias Ó Caoimh
Brian Walsh
I concur in the making of
Court.
Dated this 29th day of May 1974.
Patrick Cooney (Minister for Justice).
Notice of the making of this Statutory Instrument
was published in
Iris Oifigiúil
of 30th August 1974.
Rules of the Superior Courts (No. 2) 1974
(1) Rule 3 of Order 109 as amended by R.S.C. (No.
5) 1964 shall be deleted and the following rule substi-
tuted therefor, viz.
"3. The party applying for an order under rule 1
or rule 2 shall pay the remuneration of the shorthand
writer and said payment shall be borne by said party
unless the Judge or the Master (as the case may be)
shall after the trial or hearing certify that in his
opinion it was expedient that the proceedings or any
part thereof should have been so reported. If such
certificate is given the remuneration of the shorthand
writer for reporting the proceedings or part thereof
to which the certificate relates shall be part of the
costs in the cause."
(2) Order 99, rule 36 (1) shall be deleted and the
following substituted therefor :
(1) The fees to be allowed in respect of shorthand
writers and transcripts of evidence in relation to
business done after these Rules shall have come into
operation shall be of such amount as to the Taxing
Master seems reasonable."
(3) In Appendix W, Part II shall be deleted.
(4) These Rules shall be construed together with the
Rules of the Superior Courts and may be cited as the
Rules of the Superior Courts (No. 2) 1974.
Explanatory
Note
These Rules prescribe Court procedures in relation
to the remuneration of shorthand writers, in amend-
ment of the Rules of the Superior Courts.
Published by the Stationery Office, Dublin. To be
purchased from the Government Publications Sale
Office, G.P.O. Arcade, Dublin 1. Price 2 j .
RULES OF THE SUPERIOR COURTS (No. 1) 1974 (S.I. No. 256 of 1974)
We, the Superior Courts Rules Committee, consti-
tuted pursuant to the provisions of the Courts of Justice
Act, 1936, Section 67, and reconstituted pursuant to the
provisions of the Courts of Justice Act, 1953, Section 15,
bv virtue of the powers conferred upon us by the Courts
of Justice Act, 1924, Section 68 (as applied by the Courts
(Supplemental Provisions) Act, 1961, Section 48), and
the Courts (Supplemental Provisions) Act, 1961, Section
14, and of all other powers enabling us in this behalf,
do hereby make the annexed Rules of Court.
Dated this 5th day of April, 1974.
Signed by eight members of the Committee.
The Minister for Justice concurred in the making of
the Rules on 27th May 1974.
(1) The following words shall be added to the end of
Rule 21 (3) of Order 77 viz. :
"Where a lodgment is made pursuant to Order 22
the request shall state whether it is to be placed on
deposit. Where so placed on deposit the defendant
shall be entitled to the interest accruing thereon and
said interest shall not be treated for the purpose of
Order 22 Rule 6 as part of the amount paid into
Court."
(2) In Order 77 Rule 33 shall be deleted and the
following rule substituted therefor :
"33. Except as provided in the rules of this Order
PROSECUTION OF OFFENCES ACT, 1974 (COMMENCEMENT) ORDER, 1974 (S.I. No. 272 of 1974)
and subject to the provisions therein contained funds
in Court shall not be paid delivered or transferred
out of Court nor invested sold or carried over unless
in pursuance of an Order."
(3) Form No. 9 of Appendix P shall be amended by
inserting immediately after the word "receive" where
same first occurs therein the following words fiz. : "and
place on deposit (delete reference to deposit if not
required)" and by adding at the end of the said Form
immediately before the word "(signed)" the following
words viz. : "and placed on deposit (delete reference to
deposit if not applicable)".
(4) These rules shall be construed together with
Rules of the Superior Courts and may be cited as the
Rules of the Superior Courts (No. 1) 1974.
Explanatory
Note
These Rules alter the provisions of Rule 21 (3) of
Order 77 of the Rules of the Superior Courts (S.I. No.
72 of 1962) by enabling monies lodged with defence to
be placed on interest-earning deposit for the benefit of
defendants and also alter the provisions of Rule 33 of
the same Order by removing the references therein to
particular rules which qualified the provisions of the
rule in regard to the payment out, transfer or invest-
ment of funds in Court.
This Order fixes the 18th September 1974 as the
date on which the Prosecution of Offences Act, 1974,
other than Sections 3, 5, 7, 9 and 10, comes into
operation.
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