S.I. No. 256/1974:

RULES OF THE SUPERIOR COURTS (No. 1), 1974.

RULES OF THE SUPERIOR COURTS (No. 1), 1974.

We, the Superior Courts Rules Committee, constituted 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, by 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 5th day of April, 1974.

William O'B. Fitzgerald

Brian Walsh

Frank Griffin

Seán de Buitléir

Weldon R. C. Parke

Richard Johnson

Ralph J. Walker

Thomas A. O'Reilly

I concur in the making of the annexed Rules of Court.

Dated this 27th day of May, 1974.

PATRICK COONEY,

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 1), 1974.

1. The following words shall be added at 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 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 viz.:-- "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 investment of funds in Court.