S.I. No. 34/1982:

CIRCUIT COURT RULES (No. 1) 1982 FISHERIES ACTS 1959 TO 1978.

CIRCUIT COURT RULES (No. 1) 1982 FISHERIES ACTS 1959 TO 1978.

WE, THE CIRCUIT COURT RULES COMMITTEE, constituted pursuant to the provisions of Section 69 of the Courts of Justice Act, 1936 , and Section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by Section 66 of the Courts of Justice Act, 1924 , and Section 70 of the Courts of Justice Act, 1936 (as applied by Section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and Section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

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

Dated the 26th day of February, 1982.

JIM MITCHELL,

Minister for Justice.

S.I. No. 34 of 1982.

CIRCUIT COURT RULES (No. 1) 1982.

These Rules which may be cited as the Circuit Court Rules (No. 1) 1982 shall come into operation on the 15th day of March, 1982. The Orders referred to in these Rules as being amended or added to are those contained in the Circuit Court Rules, 1950, as amended.

ORDER 43

Rule 1.

The following sub-paragraph shall be added to paragraph (II) of Rule 1:

( f ) the bond or other security given in the District Court (if any):

ORDER 46

Rule 2.

The following Rules shall be added after Rule 5:

6. This and the following Rules of this Order shall apply to any security given under Section 235 of the Fisheries (Consolidation) Act, 1959 as substituted by the Fisheries (Amendment) Act, 1978 . Any security to which this Rule applies shall, on being transmitted by the District Court to the Circuit Court, be deemed to be assigned to and shall become payable to the Judge of the Circuit to which the case has been sent forward or appealed, and the Judge of that Circuit shall, on determination of the case or appeal by Order give direction in relation to the realisation or estreatment of the said security.

7. For the purposes of the said directions, the Judge shall authorise the retention out of the said security of:

( a ) the amount of any fine imposed or upheld;

( b ) such amount (if any) as the Judge may determine to be appropriate in lieu or forfeitures;

( c ) such amount (if any) as the Judge may determine to be appropriate in respect of the costs of the prosecution;

8. The County Registrar shall, not sooner than three days from the giving of such directions, realise or estreat the said security and shall on receipt of the amounts authorised to be retained out of the security pay the same;

( a ) in so far as they relate to any fine or any sum in lieu of forfeiture, to the Department of Justice Fines Account.

( b ) in so far as they relate to costs, to the prosecuting Solicitor.

9. An Appeal from the Judge's Order, whether against sentence or conviction, shall operate as a stay upon the said directions.

EXPLANATORY NOTE.

These Rules prescribe procedures for the collection of fines imposed in the Circuit Court under the Fisheries Acts, 1959 to 1978.