S.I. No. 431/1947 - The District Court Rules, 1948.

(1)These Rules shall come into operation on the 31st day of March, 1948, and may be cited as the District Court Rules, 1948.

(2)The District Court Rules, 1926, the District Court Rules (No. 1), 1941, the following portion of the District Court Rules, 1942, that is to say, Rules 32, 33, 34 and 35 of the said District Court Rules, 1942, and the District Court Rules (No. 1), 1945, are hereby revoked with effect as from the said 31st day of March, 1948.

(3)Where these Rules conflict with any statute in force at the date of the making of these Rules, such statute shall be modified or adapted to the extent of such conflict.

(4)Subject to any special order made by a Justice in a particular case, these Rules shall apply to all proceedings pending in the District Court on the said 31st day of March,

1. 2 ..
2. The Interpretation Act, 1937 , shall apply to these Rules. 3 Definitions
3. In these Rules:— the expression " the Minister " when used without qualification means the Minister for Justice ; the word " Justice " means Justice of the District Court ; the word " District " means one of the districts prescribed by the Minister under section 68 of the Courts of Justice Act, 1924 , or under any enactment amending or supplementing the same ; the expression " Metropolitan District " means the District for the time being styled and known as the Dublin Metropolitan District in accordance with the provisions of section 64 of the Courts of Justice Act, 1936 , or of any enactment amending or supplementing the same ; the expression " Court Area " means one of the District Court Areas created by the Minister under section 47 of the Court Officers Act, 1926 , or under any enactment amending or supplementing the same ; the word " Clerk " means a District Court Clerk or any person temporarily assigned to perform the duties and fulfil the functions of such a Clerk, save that in the Metropolitan District, so far as the performance or fulfilment of any specific duties or functions is concerned, it means any District Court Clerk, whether one or more, to whom the performance or fulfilment of any such duties or functions has been allotted by the chief Clerk under the provisions of Rule 91

(2)hereof. the expression " County Registrar " when used in relation to the execution of decrees, warrants or other execution orders in any county or county borough in which the powers and dutiesof the Under-Sheriff or Sheriff are not transferred to a County Registrar, means the Under-Sheriff or Sheriff, as the case may be ; the expression "summons server" means a summons-server appointed by the County Registrar under the provisions of section 44 of the Court Officers Act, 1926 ; the expression "case of summary jurisdiction" includes every case which could immediately before the 6th day of December, 1922, have been heard and disposed of summarily by a Justice of the Peace or Justices of the Peace whether in or out of Petty Sessions, and every case in which a Justice of the District Court is empowered by any enactment to make a summary conviction or order, and includes every case of an indictable offence triable summarily upon the Justice being satisfied that certain conditions are fulfilled, but where the fulfilment of any such condition is required the case shall not be deemed to be a case of summary jurisdiction at any stage of the proceedings before the condition has been fulfilled. The said expression shall include any case in which a Justice may make an order under any licensing jurisdiction, but shall not include "civil proceedings" as immediately hereinafter defined ; the expression "civil proceedings" means those suits or actions at law in which jurisdiction is conferred by any enactment upon the District Court in civil cases as described in section 77A of the Courts of Justice Act, 1924 , and in any enactments extending or amending the said section either expressly or by implication ; the word "complainant" includes the prosecutor or party at whose instance any proceeding is taken, whether he be an informant, complainant, prosecutor or otherwise ; the word "complaint" includes an information ; the word "defendant", where the context so requires and admits, includes an intended defendant ; the word "order", in relation to a case of summary jurisdiction, includes any decision of a Justice whether it be a conviction, dismiss or otherwise ; the word "person" includes a corporation ; the word "prescribed" in relation to fees means prescribed by the Minister with the sanction of the Minister for Finance ; the expression "liquidated money demand" means a specified sum of money stated to be due on the date of issue of the civil process by which the demand is made. 4 Summons for recovery of sums due 4. Where under any statute, past or future, proceedings for the recovery of any sum of money claimed to be due are directed to be brought summarily or in the District Court or before a Justice, andneither the statute in question nor any other enactment nor any of these or of any other Rules lays down the procedure to be followed in bringing the proceedings, such proceedings shall be brought by summons and not by civil process. 5 Mode of address 5.A Justice of the District Court may be addressed as "Justice." 6 Giving of evidence 6.—

(1)Save where any enactment or rule otherwise provides, the evidence of all witnesses in the District Court shall be given viva voce and on oath.

(2)In any proceedings, a witness who is not a party may be ordered by the Justice either to leave the court until his evidence is required or after his evidence has been given, or to remain in court after his evidence has been given until the hearing has terminated or been adjourned. 7 Appearance of parties

1. Any party to any proceedings in the District Court or the solicitor for such party or a barrister retained by or on behalf of such party and instructed by his solicitor, or, in proceedings in respect of offences brought at the suit of the Attorney General or of an officer or member of the Gárda Síochána, any officer or member of the Gárda Síochána, or, when the proceedings are in relation to the taxes and duties under the care and management of the Revenue Commissioners, or to any fine penalty or forfeiture incurred in connection therewith or otherwise incurred under the Customs Acts, any person employed authorised or directed by the Revenue Commissioners or the Revenue Solicitor, may appear and address the court and conduct the proceedings. In summary proceedings the father, son, husband, wife or brother of the complainant or defendant may appear on his behalf, provided that any such person has the leave of the Justice to appear and be heard and that the Justice is satisfied that such complainant or defendant is from infirmity or other unavoidable cause unable to appear. In proceedings brought in the name of a sanitary authority such authority may appear and be represented by an officer acting under its authorisation express or implied. 8 ..
2. Where any proceedings are brought before a Justice on behalf of or against an infant the Justice may, if he shall think it expedient, at any stage of the proceedings, by an order in writing, appoint a next friend or guardian ad litem to act for or on behalf of such infant, and may change any such next friend or guardian ad litem when appointed, and appoint another in his place, and the Justice may also direct any money or other personal property to which such infant may be declared entitled in such proceedings to be secured or invested for the benefit of such infant in such manner as the Justice shall consider advisable. 9 Recognizance of body corporate
3. A body corporate may, in any case in which a recognizance is required by these Rules, enter into such recognizance by its agent duly authorised for that purpose. Such authority shall empower the agent (who shall be a director, manager or other responsible officer of the body corporate) to bind the body corporate to perform and comply with all and any of the conditions of the recognizance and shall acknowledge the legal liability of the body corporate in the event of its failing to perform or comply with any condition thereof. A copy of a resolution of the Board of Directors or other the managing committee of the body corporate purporting to be signed by the chairman for the time being of such Board or committee shall be prima facie evidence of the appointment and authority of such agent. The Justice may, if he thinks fit, exempt such body corporate from the necessity for entering into such recognizance. 10 Recognizance in appeal cases
4. The provisions in these Rules requiring an appellant in an appeal to the Circuit Court or an applicant in a case stated to enter into a recognizance shall not apply to the Attorney General or to any Minister of State, or to an officer or member of the Gárda Síochána acting in his official capacity, or to an officer of the Revenue Commissioners acting in his official capacity. 11 Proof of service of documents
5. Where in any proceedings in the District Court proof is required to be given of the service of any notice or other document, whether directed to be served by these Rules or otherwise, such service may be proved by statutory declaration (Form 7) in the manner provided by Rule 49 hereof, unless the Justice otherwise orders. 12 Notice of applications
6. Before any application, other than an ex parte application or an application for an adjournment, is made to a Justice at any sitting of the District Court, the applicant shall, unless any statute or rule otherwise provides, give at least forty-eight hours' notice in writing to the Clerk of the court at which such application is to be made. 13 Abridgment of times
7. The Justice may upon such terms as he thinks fit enlarge or abridge any of the times fixed by these Rules for taking any step or doing any act in any proceedings, or declare any step taken or act done to be sufficient even though not taken or done within the time or in the manner prescribed by these Rules; and he may also at any time adjourn the hearing of any proceeding upon such terms as he thinks fit. 14 Power to strike out with costs
8. Whenever any civil proceedings or summary proceedings of a civil nature are brought in a District Court which the court has not jurisdiction to hear and determine, the Justice shall order the case to be struck out and shall have power to award, if he thinks fit, such costs as the court could have awarded if the court had jurisdiction in such proceeding. 15 Remission of fees
9. A Justice may, in any case where he is satisfied of the inability of the party liable thereto to pay the fees or any of the fees prescribed in respect of proceedings in the District Court, remit in whole or in part the fees payable in respect of any document or documents, and on the occasion of every such remission shall make a note of such remission on the document or documents upon which the fees shall have been remitted, and shall sign his name thereto. 16 Vacation
10. Each Justice shall be entitled to six weeks' holidays in the year. 17 Adjournment of Court 17.In case no Justice is in attendance at the time appointed for the holding of a court the Clerk may, in pursuance of a direction received from the Justice for the time being assigned to the District, adjourn the holding of such court and the hearing of all proceedings thereat to any place and time appointed by such direction ; and in case no such direction is received by the Clerk and no Justice is in attendance one hour after the time appointed for the holding of a court the Clerk shall adjourn the holding of such court and the hearing of all proceedings thereat to the next court to be held in the Court Area; and the Clerk shall in every such case make a note of the adjournment in the Justice's Minute Book, and shall post a notice of adjournment (Form 25) on the door of the courthouse. All persons whose attendance shall have been required by any summons, order, process, recognizance or notice at the court so adjourned shall be deemed to have had notice of such adjournment and shall be obliged to attend on the day to which such adjournment shall take place without the issue or service of any further summons, order, process, recognizance or notice. 18 Warrants, etc., not avoided by death of Justice
11. A warrant, summons, decree, dismiss or order signed by a Justice, or a warrant, summons or order signed by a Peace Commissioner, or a summons signed by a Clerk, shall not be avoided by reason of the death of the Justice, Peace Commissioner or Clerk signing the same, or by reason of his ceasing to hold office. 19 Signature of orders, etc., by Deputy or other Justice 19.—

(1)In the case of the death, removal, incapacity or absence for any reason of a Justice, or in the case of an additional Justice being assigned to a Justice's District, the Justice's successor, or a deputy assigned for the time being to the Justice's District, or the additional Justice assigned as aforesaid, or any other Justice, may sign, in lieu of or on behalf of the original Justice, any conviction, order, decree or dismiss pronounced by the original Justice, and may sign and issue any warrant or other document necessary for the execution of such conviction or order, and may otherwise act in all respects as the original Justice might have done, and the conviction, order, warrant, decree, dismiss or other document so signed or made shall be as valid and effectual as if the same had been signed or made by the original Justice. A Justice may sign, in lieu or on behalf of such deputy or other Justice, any conviction, order, decree or dismiss pronounced during his incapacity or absence by such deputy or other Justice, or pronounced by the additional Justice assigned as aforesaid, and may sign and issue any warrant or other document that may be necessary as aforesaid, and otherwise act in all respects as such deputy or other Justice or additional Justice might have done, and any conviction, order, warrant, decree, dismiss or other document so signed or made shall be as valid and effectual as if the same had been signed or made by such deputy or other Justice.

(2)If a Justice is at any time assigned to more than one District at the same time, he may adjourn the hearing of any case from the Court Area within one of the Districts to any Court Area within any other of the Districts. 20 Duplicate decree

1. If it shall appear to a Justice that an original decree, dismiss, order or warrant has been lost or destroyed or that the same has improperly got into the hands of the opposite party or of a person not entitled to it, or that it is unavailable to the complainant or defendant, as the case may be, by reason of its being in the hands of the County Registrar, Governor of a prison or other officer entitled to hold the same, he may grant a duplicate of such decree, dismiss, order or warrant. No such duplicate shall issue without notice to the opposite party, which notice shall be served in the manner provided by Rule 46 or 47 or 48 hereof, ten clear days at least before the sitting of the court at which the application is to be heard. When the duplicate decree, dismiss, order or warrant is allowed to issue, there shall be clearly written or stamped upon the face of the same the word "Duplicate." 21 Power of Amendment
2. A Justice may amend any summons civil process or other proceeding by adding or striking out parties, and in addition to the powers, conferred on him by Rule 88 hereof he may amend such other defects and errors in any summons, civil process or other proceedings as may be necessary for the purpose of determining the real question atissue between the parties. He may, where the proceedings have been commenced by summons, direct that the summons be dealt with as a civil process. Such amendments may be made in such manner as the Justice directs and upon such terms as the Justice thinks fit. If in the opinion of the Justice the amendment is one which might prejudice the opposite party in the merits of his case he may make the amendment and adjourn the case, or may refuse to make any such amendment and may dismiss the proceeding as provided by the said Rule
3. 22 Forms
4. In all proceedings in the District Court, the forms in the Schedule annexed to these Rules shall be deemed valid and sufficient in law, and shall be the proper forms to be used, even when other and different forms shall be or have already been provided by any statute or other enactment under which the proceedings are brought. No departure from any of the forms in the said Schedule, or omission of any of the particulars required thereby, or use of any other words than those indicated in such forms, shall vitiate or make void the proceedings or matter to which such forms relate, if the form or the words used be otherwise sufficient in substance and effect. Whenever mention is made in these Rules of a form immediately followed by a number, the reference is to be read as a reference to a form denoted by that number in the said Schedule; and every reference to any such form shall be construed to mean a reference to such modification of the form in the said Schedule as may be suitable for use in the particular proceeding or matter. It shall be sufficient in any such form to state sums of money, dates and other numbers either in figures or in words, and it shall not be necessary to affix a seal to any form used in the District Court, notwithstanding any existing provision to the contrary. 23 Non-compliance with Rules
5. Non-compliance with any of these Rules shall not render any proceedings void, but in case of such non-compliance, a Justice may direct that the proceedings be treated as void, or that they be set aside in part as irregular, or that they be amended or otherwise dealt with in such manner or upon such terms as the Justice thinks fit. The Justice shall cause a note of any such ruling to be made in the appropriate Book. PROVISIONS RELATING TO CASES OF SUMMARY JURISDICTION AND THE PRELIMINARY INVESTIGATION OF INDICTABLE OFFENCES. (a) General. 24 Sittings and Court Areas
6. Sittings of the District Court for the preliminary investigation of indictable offences and the hearing and disposal of cases of summary jurisdiction shall be held in the places, on the days, and at the hours from time to time appointed under the District Court (New Districts) Order, 1927, the District Court (New Areas) Order, 1927, section 64 of the Courts of Justice Act, 1936 , and the provisions of the Court Officers (Amendment) Act, 1937 and of the Courts of Justice (District Court) Act, 1946 , or any other provisions for the time being substituted for the foregoing or any of them. A Justice may, however,hold a sitting of the District Court within his District at any place or time not so appointed, for the preliminary investigation of indictable offences, or at a time not so appointed for the purpose of hearing cases of summary jurisdiction adjourned from a sitting appointed under the said orders. 25 Jurisdiction
7. The jurisdiction of a Justice shall be exercised by him within his District as follows :— (a) in summary proceedings of a civil nature, in the Court Area wherein the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation; but where it is provided by statute that proceedings shall be brought in the place where any premises are situated, then the jurisdiction shall be exercised in the Court Area wherein the premises are situated ; (b) in cases of summary jurisdiction in respect of an offence

(1)in the Court Area wherein the offence charged (or, if more than one offence is stated to have been committed within the Justice's District, any one of such offences) is stated to have been committed ; or

(2)in the Court Area wherein the accused has been arrested ; or

(3)in the Court Area wherein the accused resides ; (

1. c)in cases of indictable offences, in any Court Area within the Justice's District ; (
2. d)in licensing cases, in the Court Area wherein the licensed premises are situated ; (
3. e)in proceedings for the estreating of a recognizance, in the Court Area wherein the recognizance is deposited. Nothing herein contained shall limit the power of a Justice to adjourn a case from one Court Area to another, nor restrict any statutory power conferred upon or vested in a Justice to exercise his jurisdiction in any Court Area other than one of those herein mentioned. 26 .. 26. When a person charged with a summary offence is in custody and is unable to give bail for his appearance at a sitting of the District Court the Justice may (notwithstanding Rule 25 (
4. b)hereof) exercise his jurisdiction in respect of such offence in any Court Area within his District. 27 Admission to Court 27. In all cases of summary jurisdiction the place in which any Justice shall sit to hear and determine any complaint shall be deemed to be an open court to which the public generally may have access so far as the same can conveniently contain them. A Justice may, however, if he is of opinion that the offence charged is of an indecent or obscene nature or such that the hearing of evidence in respect of it in public would be prejudicial to public order or morality, exclude from the court during the whole or any part of the hearing of suchcomplaint all persons except the defendant and his Solicitor or Counsel, and complainant and his Solicitor or Counsel, the officers of the court and other persons present in an official capacity, and persons engaged or concerned in the trial of the offence in any capacity, persons who satisfy the Justice that they are bona fide representatives of the press and are present as such representatives, and such other persons (if any) as the Justice shall permit to remain in such court. 28 .. 28. The place in which a Justice shall sit for the preliminary investigation of indictable offences shall not be deemed an open court and the Justice may, in his discretion order that no person save the defendant, the person conducting the prosecution and the Counsel or Solicitor of the accused shall have access to or be or remain in such place without the consent or permission of the Justice. 29 Issue of Summonses 29. When it is intended that a summons (Form 4) only shall be issued in the first instance to require the attendance before the court of a person against whom a complaint is made, the complaint may be made to a Justice, a Peace Commissioner or a Clerk, and may be made either with or without oath, and in writing or not, as the. Justice, Peace Commissioner or Clerk shall direct. If the complaint is made on oath and in writing, it shall be made before a Justice or a Peace Commissioner in the form of an information (Form 1). 30 .. 30. In cases of summary jurisdiction

(1)(

1. a)a Justice may issue a summons in any case in which he has jurisdiction ; (
2. b)a Peace Commissioner may issue a summons (
3. i)in cases where a defendant is charged with an offence, if the offence is stated to have been committed or the defendant resides within the area of his jurisdiction ; or (
4. ii)in summary proceedings of a civil nature, if the defendant or one of the defendants resides or carries on any profession, business or occupation within the area of his jurisdiction ; (
5. c)a Clerk may issue a summons (
6. i)in cases where a defendant is charged with an offence, if the offence is stated to have been committed or the defendant resides within the limits of the Court Area or Areas for which he acts as Clerk, or (
7. ii)in summary proceedings of a civil nature, if the defendant or one of the defendants resides or carries on any profession, business or occupation within the said limits.

(2)Such summons shall direct the appearance of the defendant before a Justice who has jurisdiction to hear and determine the complaint and at a court where such Justice can exercise his jurisdiction in accordance with the provisions of Rule, 25, hereof. Provided always that the court before which the defendant is directed to appear shall (

1. i)if the summons is issued by a Justice, be a court in his District, or (
2. ii)if the summons is issued by a Peace Commissioner, be a court within the area of his jurisdiction, or (iii) if the summons is issued by a Clerk, be a court within the limits of the Court Area or Areas for which he acts as Clerk. 31 .. 31. In the case of an indictable offence

(1)(

1. a)a Justice may issue a summons in any case in which he has jurisdiction ; (
2. b)a Peace Commissioner may issue a summons if the offence is stated to have been committed or the defendant resides within the area of his jurisdiction ; (
3. c)a Clerk may issue a summons if the offence is stated to have been committed or the defendant resides within the limits of the Court Area or Areas for which he acts as Clerk.

(2)Such summons shall direct the appearance of the defendant before a Justice who has jurisdiction to conduct the preliminary investigation of the offence and at any court in such Justice's District. Provided always that the court before which the defendant is directed to appear shall (

1. i)if the summons is issued by a Justice, be a court in his District, or (
2. ii)if the summons is issued by a Peace Commissioner, be a court within the area of his jurisdiction, or (iii) if the summons is issued by a Clerk, be a court within the limits of the Court Area or Areas for which he acts as Clerk. 32 .. 32. Where a summons has been issued in accordance with the provisions of Rule 30 or Rule 31 directing the appearance of a defendant before a Justice having jurisdiction in the matter of the complaint, the summons may be served in any part of the State, and upon service being effected in the manner prescribed by these Rules, the defendant shall be as effectively bound by the proceedings as if he resided within the District of the Justice issuing the summons or within the area of jurisdiction of the Peace Commissioner issuing it or within the limits of the Court Area or Areas for which the Clerk issuing it acts. 33 .. 33. Any summons against a defendant who is a member of the Gárda Síochána shall be signed by a Justice. 34 Issue of Warrants 34. When it is intended that a warrant (Form 3) for the arrest of the defendant shall be issued in the first instance in the case of an offence punishable upon summary conviction, the complaint shall be made by information on oath and in writing (Form 1) to a Justice or Peace Commissioner who shall proceed as in the case of a person charged with an indictable offence according to the provisions of Rule 35 hereof. 35 .. 35.—

(1)When a complaint is made that any person has committed an indictable offence and a warrant is required to be issued for the arrest of the said person the complaint shall be made by information on oath and in writing, and may be made to a Justice or a Peace Commissioner.

(2)A Justice may issue such warrant (Form 3) if the offence is stated to have been committed or the defendant resides within his District, and he may issue such warrant whether the information has been sworn before him or before another Justice or a Peace Commissioner; if it has been sworn before another Justice or a Peace Commissioner, the information duly completed shall be produced to him before he issues the warrant.

(3)A Peace Commissioner may issue such warrant (Form 3) if the offence is stated to have been committed or the defendant resides within the area of his jurisdiction.

(4)Any such information may be sworn and any such warrant may be issued or executed (notwithstanding any statutory provision to the contrary) on any day and at any time.

(5)On any such complaint being made a Justice or Peace Commissioner may issue a summons for the attendance of the defendant instead of a warrant if he shall think fit notwithstanding that the complaint has been made on oath and in writing ; and in such case the Justice or Peace Commissioner shall proceed as is provided in Rule 31 hereof. A Justice or a Peace Commissioner who has issued a summons may nevertheless at any time (the complaint being on oath and in writing) issue a warrant for the arrest of the defendant. 36 ..

1. Where at common law or under any Statute (whether passed before or after the making of these Rules) there is power to arrest a person without a warrant, a warrant for his arrest may be issued in accordance with the provisions of Rule 34 or Rule 35 hereof. 37 ..
2. When a complaint is made to a Justice or a Peace Commissioner that a person has committed or is believed to have committed outside the jurisdiction of such Justice or Peace Commissioner any indictable offence and that such person is or is suspected to be within the limits of the jurisdiction of such Justice or Peace Commissioner, such Justice or Peace Commissioner may upon the complaint being made on oath and in writing issue a warrant (Form 3) to arrest the said person. 38 Procedure on arrest 38.—

(1)When a person charged with having committed an indictable offence has been arrested whether with or without a warrant, he shall as soon as is reasonably practicable, having regard to all the circumstances of the case, be brought before the Justice either of the District in which he has been arrested or of the District in which the offence is stated to have been committed, or before a Peace Commissioner having jurisdiction either in the place where he has been arrested or in the place where the offence is stated to have been committed.

(2)If he is brought before a Justice, the Justice shall proceed as is provided in Rules 55 and 57 hereof.

(3)If he is brought before a Peace Commissioner having jurisdiction in the place where he has been arrested, the Peace Commissioner shall remand him, in custody or on bail, either:— (

1. a)to appear before the Justice at a sitting of the Court for any Court Area within the District in which he has been arrested, or (
2. b)if the offence is stated to have been committed in some District other than that in which he has been arrested, to appear at the Courthouse at a specified place, day and hour before the Justice of such other District, and if upon the defendant appearing at the place and time specified the Justice of that District be not then and there present a Peace Commissioner having jurisdiction in that place and attending at the said place may remand the defendant either in custody or on bail to appear before the Justice of that District at a sitting of the court for any Court Area within that District.

(4)If he is brought in the first instance before a Peace Commissioner having jurisdiction in the place where the offence is stated to have been committed, the Peace Commissioner shall remand him, in custody or on bail, to appear before the Justice at a sitting of the court for any Court Area within the District in which the offence is stated to have been committed.

(5)If the defendant is remanded on bail by a Peace Commissioner the recognizance shall be transmitted to the Clerk of the court to which the defendant has been remanded.

(6)No Peace Commissioner shall remand any such person in custody for any period exceeding eight days. 39 .. 39.—

(1)Whenever any person charged with a summary offence is arrested without a warrant he may be brought to any Gárda Sáiochána Station, and the officer or member of the Gárda Síochána in charge thereof may, if he thinks it prudent having regard to the nature of the offence, discharge such person on his entering into a recognizance (Form 2) before such officer or member to appear at the next sitting of the court for the Court Area in which he has been arrested.

(2)But if such officer or member does not think it prudent so to discharge such person, or if a person charged with a summary offence has been arrested on a warrant, then such person shall, as soon as is reasonably practicable having regard to all the circumstances of the case, be brought before a Justice or Peace Commissioner having jurisdiction in the place where he has been arrested. If he is brought before a Peace Commissioner, the Peace Commissioner shall remand him either in custody or on bail to appear at the next sitting of the court for the Court Area in which he has been arrested.

(3)No Peace Commissioner shall remand any such person in custody for any period exceeding eight days.

(4)When in any of the said cases such person appears or is brought before a Justice, the Justice may deal with the charge as provided by Rule 64 hereof, or if the case is one in which another Justice would also have jurisdiction he may, if he thinks fit, remand such person either in custody or on bail to a sitting of the court for the Court Area in which the offence is stated to have been committed or in which the defendant resides; but a Justice shall not remand any such person in custody for a period exceeding fifteen days.When such person appears before the court to which he has been so remanded the Justice there present shall proceed to hear and determine the charge as provided by Rule 64 hereof.

(5)Any recognizance taken under this Rule shall be transmitted forthwith by the person taking it to the Clerk of the court to which the defendant has been remanded. 40 Procedure on defendant's failure to appear

1. Where a summons is issued requiring the attendance of a defendant who is charged with an offence, and the defendant fails to appear at the required time and place and it is proved to the Justice that he has been served with the summons, or where at any time either before or after the date on which the defendant is required by the summons to appear an Information (Form IA) is made that he is evading service or that he is about to abscond or has absconded, the Justice may issue a warrant (Form 3A) to arrest the defendant and when such person is arrested he shall be dealt with in the manner provided either by Rule 38 or by Rule 39 hereof. 41 ..
2. When a defendant who is charged with an offence and who has been arrested and admitted to bail to appear before a Justice at any court fails to appear at the time and place at which he was bound by his recognizance to appear, the Justice sitting at the court before which the defendant was bound to appear may, on production to the Justice of the said recognizance, issue a warrant (Form 3B) for the defendant's arrest on the said charge, and when the defendant is arrested he shall be dealt with in the manner provided either by Rule 38 or by Rule 39 hereof. 42 Remand in custody in certain cases 42.—

(1)When a Peace Commissioner intends to remand any person in custody to appear before a Justice and no appointed sitting of any court in such Justice's District falls to be held within eight days, the Peace Commissioner may remand such person to a special sitting of the court for any Court Area in such Justice's District to be held within eight days from the date of such remand, and the date and place of such special sitting shall be named in the warrant under which such person is committed on remand.

(2)Where any person has been remanded in custody to appear before any sitting of the District Court and for any reason the Justice is not present at such sitting such person may at any time on the day of such sitting be brought before a Peace Commissioner who may remand him in custody to any other sitting of the District Court to be held within eight days within the said Justice's District. 43 Binding over informant

1. When an Information is taken on oath and in writing the Justice or Peace Commissioner before whom such Information is made may,if he thinks fit, bind the informant by recognizance to appear at the Court or place where the defendant is to be tried or the complaint is to be heard, and at any adjournment thereof, to give evidence in the matter of the said complaint. 44 Contents of summonses
2. Every summons or warrant shall state shortly the cause of complaint. Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of a number of different acts in the alternative or states any part of the offence in the alternative, the acts, omissions, or other matters stated in the alternative in the enactment may be stated either in the alternative or in the conjunctive in a summons or warrant charging such offence. In charging an offence contrary to any statute or statutes it shall be sufficient to state the substance of the offence in ordinary language with such particulars of the offence as may be necessary, and it shall not be necessary to negative any exception or exemption from or qualification to the operation of a statute creating such offence. Two or more offences may be charged in the one summons. 45 Signing of summonses
3. A summons shall be signed by the Justice, Peace Commissioner or Clerk issuing it, and a warrant shall be signed by the Justice or Peace Commissioner issuing it. No warrant or summons shall be signed in blank. With every summons there shall be issued a copy for service on each defendant named therein. 46 Service of summonses 46.—

(1)Where a complainant is an officer or member of the Gárda Síochána or a Minister of State or the Attorney General or an officer of the Revenue Commissioners the summons may be served by a member of the Gárda Síochána or other person authorised by statute. In all other cases the summons shall be served by a summons server, unless the Justice, by endorsement on the summons, authorises service by some other person. No member of the Gárda Síochána or summons server shall serve a summons in which he himself is the complainant.

(2)In all cases in which it is provided by paragraph

(1)hereof that a summons shall be served by a summons server, if it shall happen that there is at any time no duly appointed summons server resident in a Court Area, service of any such summons within such Court Area may, if the Justice of the District comprising such Court Area shall so direct, be effected by sending it by post to the defendant in a prepaid registered letter addressed to him at his last or most usual place of abode, and the service shall be deemed to have been effected at the time at which the letter containing the summons would have been delivered in the ordinary course of post. Such letter may be posted by the complainant or other person instituting the proceedings as the case may be, or by his solicitor, or by any other person acting on his behalf. Any such direction as aforesaid shallbe made by written order signed by the Justice, which shall be deposited with the Clerk of such Court Area, and the direction shall remain in force in respect of the service of all such summonses within such Court Area until a summons server resident in such Court Area is appointed, unless it shall be sooner revoked by the Justice.

(3)If a Justice is satisfied that any summons server has been or will be prevented by forcible resistance or by means of any other sufficient cause from serving a summons in any specified townland or townlands within the District of such Justice, he may by written order signed by him and deposited with the Clerk of the Court Area comprising such townland or townlands direct that the provisions of paragraph

(2)hereof as to service by prepaid registered letter shall apply to the service of such summonses within such townland or townlands. Such direction shall continue in force in respect of the service of all such summonses within such townland or townlands until it is revoked by the Justice. 47 .. 47.—

(1)Every summons shall be served at least seven clear days before the date fixed for the hearing of the complaint, and shall then be lodged with the Clerk of the Court Area wherein the complaint is to be heard at least four days before the date fixed for the hearing.

(2)(

1. a)Save where personal service is specially required by any Rule or enactment a summons may be served on a defendant to whom it is directed by delivering to him the copy thereof issued for service, or by leaving such copy for him at his last or most usual place of abode, or at his office, shop, factory, holding, or place of business with the husband or wife of the defendant or with the child or other relative (residing with the defendant) of the defendant himself or of his wife or her husband as the case may be, or with any agent, clerk or servant of the defendant, or with the person in charge of the house or premises wherein the defendant usually resides, provided that any person (other than the defendant himself) with whom such copy is left for the defendant is not under sixteen years of age, and is not the complainant. (
2. b)In any case in which a Justice is satisfied that none of the modes of service aforesaid is reasonably practicable he may direct that service be effected in such manner as he thinks proper. The Justice shall thereupon endorse on the original summons and on the copy issued for service particulars of such direction. 48 .. 48.—

(1)A summons may be served on a corporation by leaving it at or sending it by registered letter to the registered office of the corporation, or where such corporation has no registered office, by leaving it at or sending it by registered letter to the address for service, if any, of such corporation, or if it has no address for service, by leaving it at or sending it by registered letter to the principal place of business of such corporation within the State.

(2)A summons may be served on a local authority, statutory board or body, or an unincorporated society or club, by leaving it with any employee of such authority, board, body, society or club, at the principal office thereof, or by sending it by registered letter to such principal office.

(3)Such summons shall be deemed to have been served on the date on which the registered letter containing it would in the ordinary course of post have been delivered. 49 Proof of service.

1. The person who serves a summons shall either prove the service thereof by evidence given orally and upon oath before the Justice in Court, or shall make, before a Justice or a Peace Commissioner, a statutory declaration of service (Form 7). Where service has been effected by post the statutory declaration shall be in Form 7A. Such statutory declaration shall be endorsed upon the back of the original of the summons and shall be exempt from stamp duty. Where such statutory declaration is made it shall be prima facie evidence for all purposes of the mode, time and place of service as therein set out, and it shall not be necessary for the person effecting service to attend in person at the court to depose to such service, but a Justice may, if he thinks fit, require the person who effected service of a summons to attend before him and give evidence on oath touching such service notwithstanding the making by him of such statutory declaration. 50 Substitution of service
2. The provisions of Rules 46, 47 and 48 shall be in addition to and shall not be deemed to over-ride or vary the provisions of any enactment authorising or requiring any other mode of service or authorising or requiring the substitution of service in particular cases. 51 Abridgment or extension of time 51.—

(1)A Justice may whenever he thinks fit abridge or extend the time provided by these Rules for the service or lodgment for entry of a summons. A note of the abridgment or extension of the time for service shall be endorsed on the original summons and on the copy issued for service and shall be signed by the Justice.

(2)A summons requiring the attendance at a court in any of the following Districts, viz., District No. 1 or No. 2 or No. 5 or No. 6, of a defendant who is charged with an offence punishable upon summary conviction may be served on a Sunday, and any such summons may be issued on a Sunday, notwithstanding any statutory provision to the contrary. 52 Fees of summons servers 52. The following remuneration shall be payable to a summons server in respect of the service by him of a summons, namely :— Where the distance from the residence of the Summons Server to the residence or place of business (as the case may be) of the person served :— (a) does not exceed 3 miles 3s. od. For each copy served. (b) exceeds 3 miles but does not exceed 4 miles 4s. od. (c) exceeds 4 miles but does not exceed 5 miles 5s. od. (d) exceeds 5 miles 7s. od. 53 Witnesses 53.—

(1)When it appears to the Justice of the District in which any complaint is to be heard, or to any Peace Commissioner having jurisdiction within that District, or to the Clerk of any Court Area within that District, that a person is able to give evidence concerning the matter of the complaint, such Justice, Peace Commissioner or Clerk may issue a summons (Form 6) directed to such person requiring him to attend at the sitting of the Court at which the complaint is to be heard and at any adjournment to give evidence concerning the said matter and to bring with him and produce such accounts, papers or other documents or things as are in his possession or power and as are mentioned in the said summons.

(2)Such summons shall be signed by the Justice, Peace Commissioner or Clerk issuing it, and with it there shall be issued a copy for service on each person to whom it is directed, and every such summons shall be served in the manner provided by these Rules at least three clear days before the date fixed for the hearing of the complaint.

(3)When a person to whom such summons is directed fails to appear at the time and place appointed and no just excuse is offered for such failure, then upon proof in the manner provided by Rule 49 hereof that such summons was served upon such person or upon an information (Form 1B) being made that such person is evading service and that he is able to give evidence in the case, the Justice before whom the complaint is to be heard may issue a warrant (Form 3C) for his arrest.

(4)If in the case of an offence the Justice is satisfied by information (Form 1C) made on oath and in writing that it is probable that a person who is able to give evidence in the matter will not attend to give evidence without being compelled to do so, he may, instead of issuing a summons, issue a warrant (Form 3D) in the first instance for the arrest of such person, or may issue such warrant if a summons has been issued but not served.

(5)Where any person is arrested in accordance with this Rule, he shall be brought forthwith before the said Justice or before a Peace Commissioner having jurisdiction in the said Justice's District, and such Justice or Peace Commissioner shall remand him either in custody or on bail until the hearing of the said complaint; and if he is remanded on bail, it may be made a condition of the recognizance that he shall bring with him and produce at the time and place at which he is bound to appear all such accounts, papers, documents or things as aforesaid. 54 .. 54.—

(1)When any person appears as a witness, either in obedience to a summons or by virtue of a warrant or is present in Court and is required by the Justice to give evidence, and refuses to be examined upon oath concerning the matter of the complaint, or refuses to take the oath, or having taken the oath refuses to answer lawful questions concerning the said matter then put to him, or refuses to produce any such accounts, papers, documents or things as aforesaid (withoutoffering any just excuse for such refusal) the Justice may adjourn the proceedings to the same or any other Court in his District for any period not exceeding eight days, and may by warrant commit the said witness to prison until the time of such adjourned hearing. If such witness, upon being brought up upon such adjourned hearing, again refuses to be sworn, or to testify as aforesaid, or to produce such accounts, papers, documents or things as aforesaid, as the case may be, the Justice may again adjourn the proceedings, and commit the witness in like manner, and so again from time to time until he consents to be sworn or to testify as aforesaid, or to produce such accounts, papers, documents or things as the case may be (provided that no such imprisonment shall in any case of summary jurisdiction exceed one month in the whole); but in any proceedings under the Customs Acts such witness shall in addition for every such refusal as aforesaid forfeit such sum not exceeding twenty pounds as the Justice shall think fit, and the Justice shall cause a record of any such fine to be made in the Justice's Minute Book.

(2)Nothing herein contained shall prevent the Justice from sending any such case for trial, or otherwise disposing of the same in the meantime, according to any other evidence received by him. 55 Investigation of Indictable Offences. Taking Evidence 55.—

(1)When a defendant appears or is brought before a Justice charged with an indictable offence the Justice shall, subject to the provisions of Rule 59 hereof, take depositions on oath and in writing from any person present who shall be able to give evidence concerning the matters in issue. Every such deposition (Form 8) shall be taken in the presence of the defendant, who shall be at liberty to question any witness. The deposition when taken shall be read over to and signed by the witness making the same, and shall also be signed by the Justice. Where in the course of the taking of any deposition an objection is made either by the defendant or the prosecution that any question asked or that the evidence given on any particular matter is inadmissible in law, the Justice shall if so requested make a note on the deposition of such objection. If he rules that the question or the evidence is admissible he shall record it on the deposition in such form as he thinks fit. If he rules that the evidence is inadmissible, he may write down the question, if he thinks proper, on the deposition, and record the nature of the objection and the party who makes it, and add a note of his ruling thereon.

(2)When the examination of the witnesses on the part of the prosecution has been completed the Justice shall if required by the defendant (without requiring the attendance of the witnesses) read or cause to be read to the defendant the several depositions and the charge. He shall then caution the defendant that he is not obliged to say anything unless he wishes to do so and that anything he does say will be taken down in writing and may be given in evidence at his trial. If the defendant then makes any statement it shall be taken down in writing (Form 9) and read over to him and shall be signed by the Justice. Should the evidence of any person present be tendered on behalf of the defendant, it shall be taken by deposition on oath and in writing (Form 8).

(3)Where part of the evidence has been taken on deposition before a Justice and by reason of the illness of such Justice or other unavoidable cause it is inexpedient in the interests of justice to complete the taking of the evidence before such Justice, another Justice acting in place of such first-mentioned Justice may proceed with the investigation of the charge, in which case there shall be read over, in the hearing of the defendant, to each witness whose evidence was taken before the first-mentioned Justice his deposition already taken, and such witness shall be directed to correct his evidence if and where it may be inaccurate and shall then be tendered for cross-examination by the defendant or his solicitor or counsel, with liberty for such witness to be re-examined where necessary. The evidence of such witness taken before such other Justice, including the verification of the deposition taken before the first-mentioned Justice, shall be taken by deposition in accordance with the provisions of this Rule.

(4)At any stage of the preliminary investigation of an indictable offence the Justice may adjourn the hearing to any other day and to any other court or place in his District, and may remand the defendant either in custody or on bail to appear at such adjourned hearing. In such event the information, depositions and recognizances (if any) already taken shall be forwarded to the Clerk of the Court Area in which the adjourned hearing is to take place. When a defendant is remanded on bail to appear at a specified time and place, the Justice may at any time order the defendant to appear before him at any time prior to the date of the adjourned hearing, and either at the specified place or at any other place, for the further hearing of the charge. A Justice may not on any such adjournment remand any person in custody for a period exceeding fifteen days, and when a defendant is remanded in custody, the Justice may by warrant (Form 10) order the defendant to be brought before him, at any time before the expiration of the period for which he has been so remanded, for the further hearing of the charge. 56 Binding over witnesses 56.In cases of indictable offences the Justice may if he thinks fit bind a witness who has given evidence before him by recognizance to appear at the trial of the defendant and to give evidence at such trial. If a witness refuses to be so bound, the Justice may by warrant remand the witness in custody until the trial of the defendant, unless in the meantime the witness shall duly enter into the required recognizance before a Justice or Peace Commissioner having jurisdiction in the place in which the prison to which he is committed is situate. If, after any such witness is committed as aforesaid, the Justice before whom the defendant is brought shall (from want of sufficient evidence or for any other cause) not send the defendant forward for trial such Justice shall by warrant (Form 13) order the Governor of the prison wherein the witness is detained to discharge him forthwith. 57 Disposal of defendant. 57. When evidence has been taken in the case of a defendant who is charged with an indictable offence, the Justice shall proceed as follows :—

(1)If he is of opinion that the evidence is sufficient to put the defendant on his trial he shall send him forward for trial either in custody or on bail.

(2)If it appears that further evidence will be available in any other District he may proceed as provided in Rule 58 hereof.

(3)If he is of opinion that the evidence is not sufficient to put the defendant on his trial for the offence charged but that there is disclosed any other indictable offence he may send the defendant forward for his trial for such other indictable offence as if such other offence had been the offence originally charged and in such event the depositions already taken shall be deemed to have been taken in respect of the offence in respect of which the defendant is sent forward for trial.

(4)If he is of opinion that the evidence is not sufficient to put the defendant on his trial for any indictable offence but that a summary offence is disclosed, he shall refuse informations and may thereupon enter a charge of such summary offence in the Justice's Minute Book or Charge Sheet and read it out to the defendant and proceed to hear and determine such charge. In such event it shall not be necessary for him to re-hear the evidence of any witnesses whose evidence has already been taken in respect of the indictable offence, but he may, and, if requested by the complainant or the defendant, shall recall the said witnesses, re-swear them and read them their depositions already taken, directing them to correct their evidence if and where it might be inaccurate, and such witnesses may be asked any additional questions that may be thought advisable and shall then be tendered for cross-examination by the defendant or his Solicitor or Counsel with liberty for such witnesses to be re-examined where necessary. Save in so far as the provisions of this paragraph supplement or vary the provisions of Rule 64 hereof, the Justice shall dispose of the summary charge in manner provided by the said Rule 64.

(5)Subject to paragraphs

(2),

(3)and

(4)hereof, if in his opinion the evidence is not sufficient to put the defendant on his trial, he shall forthwith refuse informations and discharge the defendant. 58 Transmitting defendant to another District 58.—

(1)When evidence has been taken in the case of a defendant who is charged with an indictable offence, if it appears to the Justice that further evidence will be available in any other District, he may either by warrant (Form 11) commit the defendant to prison to be brought before the Justice of such other District at a specified time and place, or if he thinks fit, may by transmit warrant (Form 11A) order the defendant to be taken before such Justice on a day and at a place named therein. Such transmit warrant may be directed to any member of the Gárda Síochána, and delivered to him for execution.

(2)Instead of issuing either such warrant the Justice may admit the defendant to bail by recognizance conditioned that he will appear before such other Justice, or if bail be not forthcoming, may endorse on such warrant a consent to bail; and when the defendant is so released on bail the recognizance shall specify the time and placein such other Justice's District at which the defendant shall appear, and it may include a condition that the defendant will further appear at any time and place to which he may be remanded by a Peace Commissioner under the provisions of paragraph

(3)hereof, and a condition that he will also appear at any adjourned hearing.

(3)If, when the defendant appears at or is brought to the place at the time specified in the recognizance or the warrant as the case may be, the Justice of such other District be not then and there present, a Peace Commissioner having jurisdiction in that place and attending there may remand the defendant either in custody or on bail to appear before such Justice at any court within such Justice's District.

(4)When the defendant appears before the Justice of the District before whom he has been sent by the Justice first mentioned in paragraph

(1)hereof, the Justice of the District to which the defendant has been sent shall receive the informations, depositions and recognizances already taken, and they shall thereupon be deemed to have been taken and treated to all intents as if they had been taken before such last-mentioned Justice, who shall proceed to deal with the case under the provisions of these Rules, including the provisions of paragraphs

(1)and

(2)hereof, and in making any order returning the defendant for trial shall proceed in accordance with section 6 of the Courts of Justice Act, 1926 (No. 1 of 1926).

(5)All informations, depositions and recognizances already taken in the matter shall be transmitted to the Clerk of the court for the Court Area in which is situated the place where the defendant is to be brought or to appear, either by delivering them to the member of the Gárda Síochána to whom the warrant has been delivered, or otherwise as the Justice directs, and they shall be delivered by the said Clerk to the Justice of the District in which the said place is situated; and if the defendant is subsequently admitted to bail by any Justice or Peace Commissioner the recognizance so taken shall also be transmitted to the said Clerk and delivered by him to the said Justice. 59 Indictable offences which may be dealt with summarily 59.—

(1)When a defendant appears or is brought before a Justice charged with an indictable offence which under any statute the Justice has jurisdiction to deal with summarily either if the defendant does not object or if the defendant pleads guilty, then the Justice may without taking depositions as aforesaid hear such evidence as may be adduced in support of the charge and if the offence then appear to the Justice to be a minor one fit to be tried summarily, he shall inform the defendant of his right to be tried by a jury, and if the defendant (enquiry having been made of him by the Justice) does not object to being tried summarily, or pleads guilty as the case may be, the Justice shall then proceed to hear and determine the case in manner provided by Rule 64 hereof.

(2)Notwithstanding the provisions of Rule 25 hereof, proceedings in respect of any such offence which is dealt with summarily by a Justice may be heard and determined in any Court Area within the Justice's District.

(3)Should the complaint have been made at a date later than six months from the time when the cause of complaint arose, it shall be lawful for the Justice, at any time before he has given his decisionin the case, to proceed as provided by Rules 55, 56, 57 and 58 hereof, notwithstanding that the defendant does not object to being tried summarily and that the Justice has heard evidence under the provisions of paragraph (I) hereof. 60 Procedure on admitting to bail 60. Whenever it is provided in these Rules that any person may be remanded or sent forward for trial in custody or on bail, the following provisions shall apply :—

(1)It shall be in the discretion of the Justice or Peace Commissioner in all cases to determine whether such person shall be admitted to bail or not, and, if such person is to be admitted to bail, the amount of the bail, and whether the bail shall be with or without surety or sureties, and the amount in which each surety shall be bound. The Justice hearing the proceedings may vary such determination at any subsequent hearing.

(2)A person so admitted to bail, and if the case be so, his surety or sureties, shall enter into and sign a recognizance (Form 2), in the amount so determined, conditioned for his appearance before a Justice at a specified time and place, or before a specified sitting of any Court, and where appropriate for his appearance at every time and place to which during the course of the proceedings the hearing may be adjourned from time to time, and where authorised by these Rules conditioned to perform any other obligation.

(3)An officer or member of the Gárda Síochána may apply the above provisions to a recognizance entered into before him in accordance with Rule 39

(1).

(4)When the recognizance shall not be perfected forthwith the Justice or Peace Commissioner may certify on the committal warrant his consent (Form 12) to such person being bailed, stating the amount of bail required.

(5)When on any remand or adjournment any person is committed to prison without bail the Justice before whom he is to appear may, at any time prior to the day of the adjourned hearing, determine that such person be admitted to bail according to the provisions hereinbefore contained, and may by body warrant (Form 10) cause such person to be brought before him for the purpose of being so admitted to bail, or may by endorsement on the committal warrant or by a separate certificate (Form 12A) signify to the Governor of the prison his consent to bail, stating the amount of bail required.

(6)The Justice may admit to bail any defendant sent forward by him for trial in custody at any time before the first day of the sittings of the court at which he is to be tried, and in such case shall signify his consent thereto to the Governor of the prison either by a certificate endorsed on the committal warrant or by a separate certificate in the form above-mentioned, stating the amount ofbail required. In the case of a prisoner sent forward for trial the Justice may, if he thinks fit, vary the requirements as to bail or sureties as provided by paragraph

(1)hereof, and may vary the certificate of consent to bail, but shall not do so after the day preceding the first day of the sittings of the court at which such prisoner is to be tried.

(7)When any such certificate of consent to bail has been granted, any Justice or Peace Commissioner attending at the prison or other place wherein the defendant is in custody may, on production to him of the certificate, admit the defendant to bail, as directed by the certificate, at any time before the day of the adjourned hearing if the defendant is on remand or before the first day of the sittings of the court before which the defendant is to be tried if he has been sent forward for trial.

(8)Whenever it shall not be convenient for the surety or sureties to attend at the prison wherein the defendant is in custody to join with him in the recognizance then a Justice or Peace Commissioner having jurisdiction in the place where the proposed sureties reside may take their recognizances and shall then cause them to be forwarded to the Clerk of the Court Area wherein the order committing the Defendant was made. Such Clerk shall transmit the recognizance of the sureties to the Governor of the prison wherein the defendant is in custody, and thereupon any Justice or Peace Commissioner attending at such prison may (upon production to him of the recognizance already taken from the sureties) take the recognizance of the defendant and admit him to bail.

(9)Where a Justice or Peace Commissioner attends at a prison and admits to bail a defendant there in custody, but in respect of whom a certificate of consent to bail has been granted, he shall endorse on the warrant by virtue of which the defendant is held in custody a direction (Form 13A) requiring the said Governor to discharge the defendant from custody, and the Governor shall thereupon release the defendant if he be detained for no other reason.

(10)The provisions of this Rule shall, with any necessary adaptations, apply in the case of a witness who is remanded in custody or on bail as well as in the case of a defendant.

(11)A Justice, on being satisfied that a defendant charged with any offence who has been remanded either in custody or on bail is by reason of illness or accident unable at the expiration of the period for which he was remanded to appear personally before the court, may in the absence of the defendant further remand him to appear at a specified sitting of the court for any Court Area in his District, as he may think proper (Form 5A).

(12)No Peace Commissioner shall remand any person in custody for a period exceeding eight days. No Justice shall remand any person in custody for a period exceeding fifteen days, except under the provisions of Rule 90 hereof, but this shall not restrict the power conferred on him to send forward a defendant for trial in custody. 61 Arrest of person about to abscond 61. When a defendant charged with an offence has been admitted to bail :

(1)Any Justice or Peace Commissioner may, if he thinks fit, on the application of the surety or of either of the sureties (if more than one) or of a Superintendent or an Inspector of the Gárda Síochána, and on information being made on oath and in writing by or on behalf of the said surety or by the said Superintendent or Inspector that the defendant has been charged as aforesaid and admitted to bail and is about to abscond for the purpose of evading justice, issue a warrant for the arrest of the defendant. The defendant when arrested shall be brought before a Justice or Peace Commissioner having jurisdiction in the place where he was arrested, who shall remand him in custody to appear before the Justice who made the order returning him for trial or before the Justice before whom he was bound by his recognizance to appear, as the case may be, at a sitting of any court within such Justice's District which falls to be held within the period for which a remand in custody may be made; and such last-mentioned Justice may, if he thinks fit, commit him to prison until his trial or remand him in custody to appear at a sitting of the court before which he was bound by his recognizance to appear, or may, if he thinks fit, admit him to bail in the manner provided by Rule 60 hereof.

(2)The Justice sitting at the court for the place where the order admitting the defendant to bail was made, on the application of the surety or of all the sureties (if more than one) and upon the said surety or sureties delivering the defendant into the custody of the Gárda Síochána at the court where the Justice is sitting or at any other court which the Justice may appoint for the purpose, may, if he thinks it reasonable to do so, allow the said surety or sureties to be released from the obligation of the recognizance, and in such case he shall cause the said recognizance to be produced to him and shall make an endorsement thereon of the said release ; and he may commit the defendant to prison until his trial or remand him in custody to appear at a sitting of the court before which he was bound by his recognizance to appear, or may admit him to bail by a fresh recognizance. 62 Transmission of documents to Clerk 62.—

(1)Every information, deposition and statement which is taken by or before a Justice not sitting in the District Court or by a Peace Commissioner shall be transmitted forthwith to the Clerk for the Court Area in which it is intended to use the same.

(2)Save as is otherwise provided in these Rules, a recognizance entered into before a Justice not sitting in court or before a Peace Commissioner shall be transmitted to the Clerk of the court to which the person bound by the recognizance has been remanded, or, if the condition of the recognizance is a condition other than to appear before a specified sitting of the District Court, to the Clerk of the Court Area in which the order requiring such person to enter into a recognizance was made. If the condition of the recognizance is to appear at the Circuit Court or Central Criminal Court, the Clerk shall transmit the recognizance to the appropriate County Registrar.

(3)Save as is otherwise provided in these Rules, a recognizance entered into before a Justice at any District Court shall be transmitted to or deposited with the Clerk of the court to which the person bound by the recognizance has been remanded, or, if the condition of the recognizance is a condition other than to appear before a specified sitting of the District Court, shall be transmitted to or deposited with the Clerk of the Court Area in which the order requiring such person to enter into a recognizance was made. 63 Transmission of documents to County Registrar 63.—

(1)When a Justice sends forward a defendant for trial, the Clerk for the Court Area wherein the sitting of the District Court was held at which the defendant was sent forward for trial shall transmit to the appropriate County Registrar, within ten days from the date of such sitting, every information, deposition, statement and recognizance taken or acknowledged before any Justice or Peace Commissioner in relation to the offence in respect of which the defendant is returned for trial, and also any exhibits produced in evidence before the Justice and handed in to the Court.

(2)The Clerk who transmits to the County Registrar the said information, depositions, statements and recognizances shall prepare and forward with such documents a schedule specifying the dates of the same and the dates upon which the same were received by him and a certified copy (Form 20) of the order made by the Justice which shall show the charges against the defendant and which shall be certified as correct by the Clerk preparing the same; and he shall also forward a separate schedule containing an entry of every exhibit produced in evidence before the Justice and handed in to the Court, or shall make an entry of every such exhibit in the first mentioned Schedule of documents, in which case such entry shall be made immediately after the entry of the deposition of the witness who produced such exhibit. Where several depositions have been taken concerning the same charge it shall not be necessary to write in the charge on more than one of such depositions. The said information, depositions, statements and recognizances, together with the certified copy of the order, the Schedule and the exhibits, shall be transmitted to the County Registrar either by hand, or if it be more convenient through the Post Office by prepaid registeredletter, and the County Registrar shall give or, when the documents are sent through the Post Office, send to the said Clerk a receipt for the same. 64 Hearing of eases of summary jurisdiction 64. In cases of summary jurisdiction the proceedings upon the hearing of the complaint shall be subject to the following provisions :—

(1)When the defendant or his Solicitor or Counsel is present the substance of the complaint shall be stated to him, and if he thereupon admits the truth of the complaint, the Justice may, if he sees no sufficient reason to the contrary, convict or make an order against the defendant accordingly, but if he does not admit the truth of the complaint, the Justice shall, subject to the provisions of Rule 66 hereof, proceed to hear and determine such complaint.

(2)When the defendant or his Solicitor or Counsel does not appear at the time and place at which he has been required or has acknowledged himself bound to appear, and in the case of a summons it appears to the Justice that the summons was duly served, or, where the defendant has been bound by recognizance to appear, the recognizance is produced to the Justice and in either case no sufficient grounds are shown for an adjournment, the Justice may proceed to hear and determine the complaint, or, in the case of a defendant who is charged with an offence, may issue a warrant for the defendant's arrest, as provided by Rule 40 or Rule 41 hereof.

(3)When the defendant or his Solicitor or Counsel appears at the said time and place or the defendant is brought before the Justice, then if the complainant (having in the case of the defendant's arrest had due notice thereof) does not appear by himself or his Solicitor or Counsel, the Justice may dismiss the complaint either without prejudice to its being again made or on the merits, as he thinks just, or he may adjourn the hearing as hereinafter provided.

(4)The Justice may at any stage of the proceedings adjourn any case or cases either to the next or any other court day at the same place or to such other day and place as he shall think fit, and upon the appointed time and place of adjournment being stated in court, all persons who have been required or who have bound themselves to appear in any of the cases so adjourned shall take notice of such adjournment, and shall be obliged to attend on the day and at the time and place to which the Justice has adjourned such case or cases, without the issue or service of any fresh summons; and in all cases of such adjournments the Justice may suffer the defendant to go at large, or (in prosecutions for offences) may remand him on bail or in custody, to appear at the time and place to which the hearing has been adjourned; but no remand in custody shall be for a period exceeding fifteen days.

(5)When a Justice proceeds to hear and determine a complaint that an offence has been committed he shall, if required to, do so by either party, or the Solicitor or Counsel for such party, take or cause to be taken a note in writing of the evidence or of so much thereof as is material, in a book to be kept for that purpose by the Clerk, and in such case the book shall be signed by the Justice by whom such information or complaint shall be heard on the day on which the same is determined.

(6)Any exception, exemption, proviso, qualification or excuse, whether it does or does not accompany the description of the offence complained of, and whether specified or negatived in the complaint or not, may be proved by the defendant, but no proof thereof shall be required from the complainant, unless evidence shall be given by the defendant concerning the same. 65 Enforcing orders in cases of summary jurisdiction 65. This Rule shall not apply to cases relating to the taxes and duties under the care and management of the Revenue Commissioners or to any fine penalty or forfeiture incurred in connection therewith or otherwise incurred under the Customs Acts; but it shall apply to any order made upon a complaint by any member of the Gárda Síochána for the recovery of an excise penalty under the provisions of the Roads Act, 1920, or of any statute amending the same. A Justice making an order in any case of summary jurisdiction may proceed as follows :—

(1)In every case of an offence in which he is authorised to impose a penalty (which word shall, throughout this Rule and in Rules 68, 77 and 82 (f), include any fine and, where a fine is ordered to be paid, any compensation or costs or expenses ordered by him to be paid in addition to such fine), (

1. a)he shall in fixing the amount of a penalty take into consideration amongst other things the means of the offender so far as they are known to him at the time ; (
2. b)he may order that the penalty (whether the same does or does not exceed £5) shall be paid within such period, not less than seven clear days, as he shall think fit to fix for the purpose, and if he fixes no period, the penalty shall be paid upon the expiration of seven clear days from the date of the order ; and on subsequent application by or on behalf of the person against whom the said order has been made, he may allow such further time for payment as he shall think fit ; but if he is satisfied that the offender is possessed of sufficient means to enable him to pay the penalty forthwith, or that the offender has no fixed abode within his jurisdiction, or if the offender on being asked if he desires time for payment, does not express any such desire, or if for any other special reason the Justice expressly directs that no time shall be allowed for payment, he may order that the penalty shall be paid forthwith; and where time is not allowed he shall state the reason in the warrant of committal.

(2)In cases of a civil nature in which any sum of money (which expression shall include any costs or expenses awarded) is adjudged to be paid he may in his order or by warrant subsequently issued direct that the sum be paid either at once or by instalments, and that, in default of the said sum being paid at the time and in the manner directed by his order, the amount not so paid be levied by distress and sale of the goods and by taking the money of the person against whom the said order has been made.

(3)In every case of an offence he may in his order or by warrant subsequently issued direct that in default of payment within the time so fixed for payment of such penalty, either the said penalty be levied by distress and sale of the goods and by taking the money of the person against whom the order has been made, or without any order for distress that the said person be committed to prison for any term not exceeding the period specified in the following scale :— For any penalty The imprisonment not to exceed not exceeding 10/- 7 days. exceeding 10/- but not exceeding £1 14 days. " £1 " £2 One Month. " £2 " £5 Two Months. " £5 " £10 Three Months. " £10 " £30 Four Months. " £30 " Six Months. And such imprisonment shall be determinable upon payment of the said penalty, or shall be reduced on payment of part of the said penalty in accordance with the provisions of section 3 of the Criminal Justice Administration Act, 1914.

(4)In any case of an offence in which the Justice shall have directed any penalty to be levied by distress as aforesaid, he may at any time by warrant direct that in default of payment of the penalty the offender be committed to prison for such period as might originally have been ordered; and in any such case in which he has directed the offender to be imprisoned he may if he shall think fit by warrant direct that the penalty shall be levied by distress as aforesaid. If in any such case both a warrant of distress and a warrant of committal have been issued, only one of such warrants shall be executed, and the other of such warrants shall be returned to the Justice for cancellation.

(5)Where any sum is awarded under the provisions of any Act as compensation for damage, or as the value of any article, or as the amount of any injury done, it shall be paid as compensation to the person aggrieved; but where the person aggrieved is unknown, such sum shall be applied and accounted for in the same way as any penal sum; and where several persons join in the commission of the same offence, and each is ordered to pay any such compensation, value or amount as aforesaid, not more than the amount of the damage or injury done or the value of the article shall be paid to the person aggrieved, and any further sum forfeited shall be applied and accounted for in the same way as any penal sum.

(6)It shall not be necessary for a Justice imposing a penalty to make an order relating to the method of disposing of the same in any case where provision is already made by law for the disposal thereof. 66 Order to dismiss or strike out in cases of summary jurisdiction

1. In any case of an offence punishable on summary conviction where the Justice does not convict the defendant, he may dismiss the complaint either on the merits or without prejudice to its being again made. If he is not satisfied that the appropriate provisions of these Rules have been complied with, or is of opinion that the complaint before him discloses no offence at law, or if neither complainant nor defendant appears, he may if he thinks fit strike out the complaint without awarding costs, but this order shall not debar the complainant from bringing fresh proceedings in the same matter. 67 Costs and expenses
2. A Justice who makes an order in any case of summary jurisdiction shall have power to order any party to the proceedings other than the Attorney General, or a member of the Gárda Síochana acting in discharge of his duties as a police officer, to pay to the other party such costs and witnesses' expenses as he shall think fit to award ; and on the adjournment of any proceedings he may make an order that a party shall pay any costs and witnesses' expenses incurred on such adjournment, independently of any order otherwise made in the case. Any witnesses' expenses ordered to be paid shall be payable in such manner and to such person as the Justice shall direct. Where no provision is made by Rule 65 hereof for the enforcement of an order awarding costs or witnesses' expenses, such costs or expenses may be recovered by warrant of distress. This rule shall not extend to any information, complaint or other proceedings in relation to the taxes and duties under the care and management of the Revenue Commissioners or in relation to any fine penalty or forfeiture incurred in connection therewith or otherwise incurred under the Customs Acts. 68 Issue of warrants
3. In cases of summary jurisdiction :

(1)When any defendant has been sentenced to imprisonment the Justice shall issue the warrant of committal (Form 18A or Form 18B) forthwith, where the imprisonment is to take place immediately ; but where the imprisonment is not to take place immediately, he may either issue such warrant of committal forthwith, directing that it is not to be executed until the time at which the imprisonment is to take place, or may issue such warrant at, or at any time after, the time fixed for the imprisonment to commence.

(2)When imprisonment is ordered to take place in default of payment of a penalty, the Justice shall issue the warrant of committal (Form 18C or Form 18D) at any time after such default. When the imprisonment is to take place on the non-performance of a condition or where the execution of the sentence of imprisonment has been suspended by the Justice, the Justice shall issue the warrant of committal (Form 18E or Form 18F) upon his being satisfied of the non-performance of the condition or of the failure of the defendant to carry out the terms upon which the sentence was suspended, and it shall not be necessary in any such case to serve upon the defendant any notice of an application for the issue of the warrant. Where the execution of a sentence of imprisonment has been suspended, no warrant shall be issued to enforce such sentence after the expiration of six months from the date of the making of the order.

(3)Save where expressly authorised by statute, no warrant of committal shall be issued to enforce the payment of any compensation, costs or expenses unless a fine has also been imposed.

(4)Where a penalty or other sum of money is to be levied by distress, the Justice shall issue the warrant (Form 18G) to levy the penalty or sum of money at any time after the expiration of the time (if any) allowed for payment.

(5)Whenever an order is made in any case of a civil nature, and the same is not obeyed, the Justice shall issue a warrant to execute the order at any time not exceeding six months after the time fixed for compliance with its directions, where required so to do by the person in whose favour such order shall have been made, or by some person on his behalf ; but after the expiration of six months from the time so fixed for compliance he may issue such warrant only upon application being made to him at a sitting of the court for the Court Area in which the order was originally made and on notice of the said application being given to the party against whom the order was made. Such notice (Form 18J) shall be served in the manner provided by Rule 46 or 47 or 48 hereof not less than seven days before the hearing of the application, and shall be lodged with the Clerk of the said Court Area at least four days before the date fixed for the hearing.

(6)Whenever in a case of a civil nature a Justice is empowered to issue a warrant for delivery of possession of any premises, but is not required to make any order, it shall be lawful for a Justice, instead of issuing a warrant immediately on the determination of the case, to make an order requiring the defendant within a time limited by the order, to deliver up possession of the premises, and after the expiration of the time limited by the order he may issue a warrant (Form 18H) to execute such order in accordance with the provisions of paragraph

(5)hereof.

(7)Where a person entitled to appeal against an order gives notice of appeal (Form A1) as provided by Rule 190 hereof and enters into a recognizance in the manner hereinafter provided conditioned to prosecute the appeal, and a warrant to execute the order has not been issued, the Justice shall not issue such warrant until the appeal is decided or the appellant has failed to perform the condition of the recognizance as the case may be. Where the Justice has issued such warrant before notice of appeal is given, or before such recognizance is entered into, he shall on notice of appeal being given and the recognizance being entered into on application being made to him, forthwith (if the warrant be a warrant of committal) order the discharge of the appellant from custody or from prison or (if the warrant be a warrant of distress) order that the warrant be not executed or that if executed the distress be returned to the owner. In any such case the order appealed from shall be entirely suspended until the appeal is decided or the appellant fails to perform the condition of his recognizance, as the case may be. This Rule shall not be taken to over-ride any statute expressly authorising or directing the levy of any sum to be made notwithstanding an appeal. 69 .. 69.Whenever a warrant is issued for the purpose of enforcing an order made by a Justice in a case of summary jurisdiction, the Clerk shall make a note in the Justice's Minute Book or Charge Sheet of the issue of the warrant and of its nature and date. 70 .. 70.—

(1)Warrants in proceedings as to offences punishable either upon indictment or upon summary conviction (including warrants to arrest), and in summary proceedings of a civil nature (other than ejectment cases and cases for the recovery of rates exceeding five pounds), shall be addressed for execution to the Superintendent or an Inspector of the Gárda Síochána who acts for the place where the warrant is issued, or to any other person authorised by statute to execute such warrants ; provided that a Justice may if he thinks fit address any such warrant to any Superintendent or Inspector of the Gárda Síochána who acts for any part of the said Justice's District.

(2)Warrants in all other cases shall be addressed for execution to the County Registrar for the County in which the Court Area is situate, or where such Court Area comprises portions of two or more counties, to the County Registrar of that county comprising theportion of the Court Area in which the person against whom the warrant has been issued resides, or to any other person authorised by statute to execute such warrants, or if the Justice issuing the same thinks fit to any other person or persons (not being the complainant or a party interested). 71 Execution of warrants

1. Notwithstanding the provisions of Rule 70 hereof, in any case which appears to a Justice, by whom any warrant is issued, to be a case of emergency, he may address such warrant to any member of the Gárda Síochána within his District, and such member of the Gárda Síochána may execute such warrant at any place within the District in which the Justice issuing such warrant has jurisdiction, or in case of fresh pursuit of any offender, at any place in the next adjoining District ; but the member of the Gárda Síochána to whom any such warrant is so addressed shall, if the time will permit, show or deliver the same to the Superintendent or Inspector under whose command the said member is, who shall proceed in respect of the same according to the Acts regulating the Gárda Síochána. 72 ..
2. A warrant to arrest a defendant, or to commit a defendant sentenced to imprisonment without the option of a fine, or a search warrant, may be issued or executed, and the recognizance of a defendant who is remanded on bail and of his sureties, if any, may be taken (notwithstanding any statutory provision to the contrary) on any day and at any time. 73 ..
3. A warrant addressed to any County Registrar may be executed by any other County Registrar if the person against whom the said warrant has been issued has goods within the county for which such other County Registrar acts. 74 ..
4. When a warrant is addressed to a Superintendent or Inspector of the Gárda Síochána for execution :—

(1)If the person against whom the warrant is issued or, in case of distress, any goods of such person are found in any place for which such Superintendent or Inspector acts, then such Superintendent or Inspector or any other Superintendent or Inspector acting in his stead for the time being, or any member of the Gárda Síochána appointed by any such Superintendent or Inspector, shall execute the warrant ;

(2)If such person or his goods, as the case may be, cannot be found in any place for which such Superintendent or Inspector acts, but may be found elsewhere within the State, such Superintendent or Inspector, or any other Superintendent or Inspector acting in his stead for the time being, may certify on the warrant (Form 14) the place where he believes that such person or his goods (as the case may be) will be found, and shall forthwith transmit the warrant to the Superintendent of the Gárda Síochána who acts for such last-mentioned place, and the warrant shall then be executed as if issued in the first instance to the Superintendent or an Inspector who acts for such last-mentioned place ;

(3)If such person or his goods, as the case may be, cannot be found within the State, but may be found within any other State where the warrant is, under the law for the time being there in force, capable of being executed, the Superintendent or Inspector to whom the warrant is addressed, or any other Superintendent or Inspector acting in his stead for the time being, shall certify (Form 15) on the warrant that he has reason to believe that the said person is to be found, or has goods, as the case may be, within such other State, and that he believes the signature to the warrant to be geunine, and shall forthwith transmit the warrant to the Commissioner of the Gárda Síochána, and the warrant shall be endorsed (Form 16) by the Commissioner or a Deputy Commissioner or, in the absence of the Commissioner and Deputy Commissioner, by an Assistant Commissioner of the Gárda Síochána for execution in such other State.

(4)The provisions of this Rule shall apply notwithstanding that such Superintendent or Inspector does not certify on the warrant the place where he believes that the said person or his goods will be found, if such place may be ascertained by other means than such certificate. 75 .. 75.—

(1)Where any goods are seized under a warrant of distress the person to whom the said warrant is addressed or any person lawfully authorised by him to execute the said warrant may sell the said goods within such period as shall be specially fixed by the said warrant, or if no period shall be so fixed, then within five days from the day on which they were seized, unless the sum for which the warrant was issued, and also the expenses of taking and keeping such goods shall be paid before the goods are sold ; and where he sells any such distress he shall pay to the owner of the goods the surplus, if any, after retaining the amount directed to be levied and the expenses. It shall be lawful for him to add the expenses of taking and keeping such goods to the amount directed to be levied whether the warrant contains an express authorisation to that effect or not.

(2)Where a warrant of distress is addressed to a Superintendent or Inspector of the Gárda Síochána he may sell or authorise any sergeant or member of the Gárda Síochána to sell by auction any goods seized under such warrant without procuring any licence to act as an auctioneer, and may add all reasonable expenses actually incurred in so doing, as well as expenses of taking and keeping the goods, to the amount directed to be levied.

(3)If the sale of the said goods does not realise a sum sufficient after payment of the said expenses to satisfy the amount ordered to be levied by the said warrant, the person to whom the said warrant is addressed shall certify thereon accordingly and return the warrant with his certificate endorsed thereon to the Justice who issued the same ; and such Justice may then make such order in accordance with the provisions of Rule 65 hereof, as he shall think fit, to enforce the payment of the amount still remaining unpaid.

(4)Where any person against whom any such warrant is issued pays or tenders to the person having the execution of thewarrant the sum in such warrant mentioned, or produces the receipt of the Clerk for the same, and also pays the amount of the expenses of any distress up to the time of such payment or tender, the person having the execution of such warrant shall refrain from executing the same.

(5)Where any person who is apprehended under any warrant of committal pays or causes to be paid to the Governor of the prison in which he is imprisoned the sum in the warrant mentioned or such reduced sum as may be determined in accordance with the provisions of Section 3 of the Criminal Justice Administration Act, 1914, the said Governor shall receive the same and shall thereupon discharge such person if he be in his custody for no other matter. 76 .. 76.Whenever a warrant is to commit any person to prison the officer or member of the Gárda Síochaná or other person whose duty it is to convey such person to prison shall deliver the said warrant and the said prisoner to the Governor of the prison named in the warrant, who shall thereupon give to such officer, member or other person a receipt for such prisoner (Form 17), but if the said prisoner is already in the custody of the Governor, the warrant only shall be delivered, or transmitted by post. The Governor shall detain the said prisoner for such period and in such manner as is stated in the warrant, and in cases of adjournments or remands, or the issue of a body warrant, the Governor shall cause the prisoner to be brought before such Justice as is specified and at such time and place as is named in the warrant. 77 Disposal of sums levied under warrants 77. When a warrant to levy a penalty is addressed to a member of the Gárda Síochána he shall pay the sum levied under it to the appropriate Clerk in accordance with the provisions of the Fines Act (Ireland), 1851. In the case of a warrant to levy any sum other than a penalty : (

1. a)when it is addressed to a member of the Gárda Síochána he shall pay the sum levied under it to the Clerk of the Court from which the warrant was issued ; (
2. b)when it is addressed to a County Registrar, the sum levied under it shall be accounted for by him in the same manner as in the case of any other execution order of the District Court executed by him ; (
3. c)when it is addressed to any other person, he shall account for any sum levied under it in such manner as the Justice shall direct : and when any such sum is paid to a Clerk the Clerk shall pay it to the person entitled to receive it in such manner and subject to such account (if any) as the Justice directs. 78 Return of unexecuted warrants 78. Whenever any warrant, other than a warrant for the arrest of a person charged with an indictable offence, is addressed, transmitted or endorsed for execution, to any person, and he is unable to find the person against whom the warrant has been issued, or to discover where that person is, or where he has goods, he shall returnsuch warrant to the Justice for the District in which the same was issued within such time as is fixed by the warrant (or within a reasonable time, not exceeding six months, where no time is so fixed), with a certificate (Form 19) endorsed on it stating the reason why it has not been executed, and the said Justice may reissue the said warrant, after examining any person on oath, if he thinks fit to do so, concerning the non-execution of the warrant, or may issue any other warrant for the same purpose from time to time as shall seem expedient. 79 Taking of recognizances 79.—

(1)Whenever any person shall be bound by recognizance to give evidence as a witness under the provisions of Rule 43 or Rule 56 hereof it may be done either by recognizance at foot of the information or deposition, or by a separate recognizance, at the discretion of the Justice or Peace Commissioner.

(2)Whenever any person other than a witness shall be bound by recognizance to appear before a Justice whether at a District Court or not, or to appear before any other Court, or to keep the peace or to be of good behaviour or both, or to perform any other obligation for which he may by law have been required to enter into a recognizance before a Justice or Peace Commissioner, it shall be done by a separate recognizance (Form 2).

(3)Whenever any person shall be bound by a recognizance under the law relating to the Probation of Offenders it shall be done by a separate recognizance (Form 2A). 80 .. 80. In the case of every recognizance taken under the provisions of any of these Rules (

1. a)except where the recognizance is taken in pursuance of a consent to bail, it shall be in the discretion of the Justice or Peace Commissioner or officer or member of the Gárda Síochána taking it to determine the amount in which the principal party shall be bound and whether the recognizance shall be with or without surety or sureties, and the amount in which each surety shall be bound, and the sufficiency of each such surety ; (
2. b)it shall particularly specify the profession, trade or description of every person entering into the same, together with his Christian or first name and surname, and the place in which he resides ; (
3. c)it shall have the like force and effect in binding the lands, tenements goods and chattels of the persons acknowledging the same, and in all other respects, as any recognizance now by law has. 81 Lodgment of money in lieu of bail by principal party or surety 81.—

(1)When any person (hereinafter in this Rule called the principal party) is admitted to bail by a Justice, it shall be lawful for him, if the said Justice shall by his order have so authorised, in lieu of entering into a recognizance with a surety or sureties, to lodge a sum of money equivalent to the amount in which the said Justice shall have determined that the surety or sureties shall be bound, and the principal party shall be released from custody upon lodging the said sum of money either with the Clerk of the Court Area in whichthe order admitting the principal party to bail was made, or with the Governor of the prison wherein he is in custody for the said Clerk, and upon himself entering into a recognizance in the appropriate form in the amount in which the said Justice shall have determined that he shall be bound.

(2)If the said Justice shall so authorise, it shall be lawful for any person offering himself as surety for the principal party, in addition to signing the required recognizance, to lodge with the Clerk or Governor aforesaid a sum of money equivalent to the amount in which the said Justice shall have determined that such surety shall be bound, and upon such surety lodging the said sum of money and the said recognizance being duly entered into the said recognizance shall have the like force and effect as any recognizance entered into for a similar purpose under the provisions of these rules.

(3)The Clerk shall give to such principal party or surety as the case may be a receipt for the money so lodged, which shall show the charge on foot of which the order admitting to bail was made, and the order made by the Justice in the matter, and the Clerk shall endorse on the recognizance a note showing the sum of money lodged and by whom it was lodged.

(4)In case of non-performance of the condition or any of the conditions of the recognizance, the provisions of Rule 82 hereof as to proceedings for the estreating of recognizances shall apply, with the following modifications, viz., (

1. a)if the party required to appear before the Justice mentioned in paragraph (
2. b)of Rule 82 has not any address within the State, service of the Summons to Estreat shall be effected on him in such manner as the Justice shall direct, or the Justice may, if he thinks proper, by order dispense with such service : (
3. b)any order to estreat may be enforced against the party by whom the said sum of money has been lodged by ordering the forfeiture of the said sum or of any part thereof.

(5)Upon the condition or conditions of the recognizance being duly fulfilled, the Clerk of the District Court or the County Registrar or the appropriate officer of the Central Criminal Court, as the case may be, shall give to the principal party or to the surety by whom the said sum of money was lodged a certificate that the condition or conditions of the said recognizance have been performed, and the said sum shall thereupon be repayable to such principal party or surety, as the case may be.

(6)In the event of the recognizance being estreated in an amount less than the full amount of the sum lodged, the balance shall be repayable upon a certificate, furnished in accordance with the provisions of paragraph

(5)hereof, showing the order made by the Court in the matter. 82 Estreating Recognizances 82. If on the non-performance of the condition or any of the conditions of any recognizance (other than a recognizance to appear at any court other than a District Court) it is intended to take proceedings for the estreating of the recognizance, the following shall be the procedure:— (

1. a)Before any Summons to Estreat is issued the recognizance shall be produced to the Justice of the District within which is situated the Court Area wherein the recognizance is deposited, and he may then, upon having such proof as he thinks fit, endorse thereon a certificate (Form 21) that any condition of the recognizance has not been performed. (
2. b)Any Superintendent of the Gárda Síochána may, by Summons to Estreat (Form 22), require the principal party to the recognizance or the surety or sureties or all or any of them to appear before the Justice of the District within which is situated the Court Area wherein the recognizance is deposited, at a specified sitting of the court for that Court Area, to show cause why the recognizance should not be estreated. The party or parties so required to appear shall be described as defendant or defendants in any such summons and such summons shall be served on each of the defendants at least twenty-one clear days before the said sitting of the court. (
3. c)Any party on whom a Summons to Estreat has been served may by summons (Form 23), directed to the Superintendent who is named as complainant in the Summons to Estreat, apply to the Justice who has endorsed the said certificate on the recognizance (or to any other Justice assigned to the said District) to have the same cancelled or varied. Such summons shall be issued for hearing at the sitting of the court specified in the Summons to Estreat, and shall be served on the said Superintendent by a summons server or other person authorised as provided by Rule 46

(1)hereof or in accordance with the provisions of Rule 47

(2)(

1. b)hereof at least seven clear days before the date of the said sitting. Such summons shall be heard before the hearing of the Summons to Estreat, and at the hearing of such summons the Justice may, if he thinks fit, cancel or vary the said certificate. Any such summons shall be signed by the Justice of the District within which is situated the Court Area wherein the recognizance is deposited. (
2. d)Upon the hearing of a Summons to Estreat a certificate endorsed as prescribed by paragraph (
3. a)hereof, or if the same has been varied the certificate as so varied, shall be conclusive evidence of the non-performance of the obligation of the recognizance as therein certified. (
4. e)The Justice hearing the Summons to Estreat, upon production to him of the said recognizance with the certificate aforesaid endorsed thereon, and upon hearing any evidence that may be tendered, may make an order (Form 24) to estreat the recognizance in such amount or amounts and against the principal party or the surety or sureties or against any or all of them as he thinks fit, provided that the recognizance shall not be estreated against any party who has not been served with the Summons to Estreat. (
5. f)The said order may be enforced against the principal party in the same manner as any order imposing a penalty in the case of an offence may be enforced, and may be enforced against a surety by warrant of distress. (
6. g)A Justice who estreats, as against the principal party, a recognizance to keep the peace or to be of good behaviour or to keep the peace and to be of good behaviour, may, in addition to estreating the recognizance, order the principal party to enter into a fresh recognizance with or without sureties to perform the obligation of the original recognizance during the period for which it would have remained in force but for the order to estreat. 83 Justice's Minute Book 83. The Clerk of each Court Area shall keep a Book which shall be known as the. "Justice's Minute Book" in which he shall enter all the cases which are to be heard at the sittings of the Court for the said Court Area and also all cases heard out of Court by a Justice or Peace Commissioner within the said Court Area. Provided however, that in the Metropolitan District where Charge Sheets are now in use, their use may be continued in place of the Justice's Minute Book. 84 .. 84. Upon his pronouncing his decision in a case the Justice shall make a concise entry in the appropriate column of the Justice's Minute Book or Charge Sheet of such particular or particulars thereof as, having regard to the practice of the Court, shall suffice to serve him as a memorandum for the purpose of drawing up an order if required, and shall sign such entry. It shall not be necessary for the Justice in making such entry to disclose or set out therein any proceedings, facts or matters disclosing or establishing jurisdiction to make such decision, or disclosing compliance with every requirement of any Statute or other enactment under or by virtue of which such decision was pronounced, and the entry so made shall not be in any way regarded as the complete record of such decision. An order shall be drawn up by a Justice when required, and when so drawn up and signed by a Justice shall be retained by the Clerk, and a certified copy thereof (Form 20) furnished under Rule 85 hereof shall be conclusive evidence for all purposes of the decision of the Justice. 85 Copies of orders, etc 85. Any person who satisfies the Clerk that he has a bona fide interest in the matter may obtain from the Clerk, upon payment of the prescribed fee, a copy of any information, written complaint, order, deposition or note of evidence (but not of the concise entry in the Justice's Minute Book or Charge Sheet) taken, issued or made in any case of summary jurisdiction or in the preliminary investigation of an indictable offence in the Court Area of such Clerk. A copy of an order or other document furnished under this Rule shall be certified by the Clerk to be a true copy of the original order or other document, as the case may be. 86 Application of Rules to Revenue prosecutions 86. Except in so far as is otherwise provided herein, this part of these Rules shall extend to any information or complaint or other proceedings under or by virtue of any of the Acts relating to Excise or Customs, to Stamps, Taxes, or Post Office, or to the Preservation of Game or Fish. 87 Receipts need not be stamped 87. No receipt required to be given by or to a Clerk in the course of the disposal of or the accounting for any money paid to him or by him in accordance with the provisions of any of these Rules shall be subject to any stamp duty. 88 Variances, defects or omissions 88.—

(1)Subject to the provisions of paragraph

(3)hereof, in cases of summary jurisdiction no variance between the complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint is stated to have been committed or to have arisen, shall be deemed material, provided that such information or complaint was in fact made within the time limited by law for making the same ; nor shall any variance between the complaint and the evidence adduced in support thereof, as to the place in which the offence or cause of complaint is stated to have been committed or to have arisen, be deemed material, provided that the said offence or cause of complaint was committed or arose within the jurisdiction of the Justice by whom the case is being heard, or that the defendant resides or in the case of an offence was arrested within such jurisdiction. In any such case the Justice may amend the summons, warrant or other document by which the proceedings were originated and proceed to hear and determine the matter.

(2)Subject to the provisions of paragraph

(3)hereof, no objection shall be taken or allowed on the ground of a defect in substance or in form or of an omission in the summons warrant or other document by which the proceedings were originated, or of any variance between any such document and the evidence adduced on the part of the complainant at the hearing of the case in summary proceedings or at the examination of the witnesses during the preliminary investigation of an indictable offence, but the Justice may amend any such summons, warrant or other document, or proceed in the matter as though no such defect, omission or variance had existed.

(3)Provided, however, that if in the opinion of the Justice the variance, defect or omission is one which has misled or prejudiced the defendant or which might affect the merits of the case, he may refuse to make any such amendment and may dismiss the complaint either without prejudice to its being again made, or on the merits, as he thinks fit ; or if he makes such amendment, he may upon such terms as he thinks fit adjourn the proceedings to any future any at the same or at any other place.

(4)In a case of summary jurisdiction such amendment as aforesaid may be made whether the defendant does or does not appear at the hearing at which such variance, defect or omission comes to the notice of the Justice, provided that the defendant was duly served with a summons or bound by recognizance to appear at the said hearing. 89 Revenue cases ; procedure on arrest

1. Nothing in this part of these Rules shall affect or abridge the power of a Justice to proceed summarily upon the case of a person brought before him for an offence against the Acts relating to Customs or Excise, pursuant to the provisions of such Acts, without an information or complaint being made, or a summons or a warrant of arrest being issued in the first instance. 90 Probation of Offenders Act ; breach of recognizance
2. Where any person is bound by a recognizance entered into by him under the law relating to the Probation of Offenders to appear for conviction or sentence when called on, any Justice on being satisfied by information on oath (Form id) that such person has failed to observe any of the conditions of his recognizance may issue a warrant (Form 3e) to arrest such person, or, if he thinks fit, instead of issuing a warrant in the first instance he may issue a summons (Form 4a) requiring such person to attend at a Court and on a date and at a time specified in the summons, and he may also by the said summons, if he thinks fit, direct such person's sureties (if any) to attend at the said Court. Such person when arrested shall, if not brought forthwith before the court before which he is bound by his said recognizance to appear, be brought before a Justice or Peace Commissioner in the place where he has been arrested, and if he is brought before a Peace Commissioner the Peace Commissioner shall remand him in custody or on bail to appear before the Justice of the District in which he has been arrested at any court in such Justice's District ; and such Justice may remand him in custody or on bail to appear before the court before which he is bound by his said recognizance to appear. If the court before which such person is summoned to appear is not the court before which he is bound by his said recognizance to appear, the Justice before whom he appears in answer to the summons may remand him in custody or on bail to appear before such last-mentioned court. A remand in custody by a Justice under this Rule may be for a period exceeding fifteen days. 91 Court practice and administration 91.—

(1)Notwithstanding the provisions of these Rules, it shall be lawful for a Justice assigned to the Metropolitan District to continue any practice or procedure now in force in that District, either in addition to or in substitution for any practice or procedure laid down by these Rules.

(2)Where more than one Clerk is assigned to a Court Area, then the principal Clerk in such Court Area, or in the Metropolitan District the chief Clerk, may make such division of duties among the Clerks assigned to such Court Area or to the said District respectively as he thinks proper. (b) LICENSING. 92 Annual Licensing District Court 92. A Justice shall hold upon the day of the last sitting of the District Court in each Court Area for the hearing of cases of summary jurisdiction in the month of September a Court to be known as the "Annual Licensing District Court." For the purpose of this Rule the last sitting of the Metropolitan District Court shall be that sitting held on the last Thursday in the month of September. 93 Grant of off-licences 93.—

(1)An application for the grant of a certificate for a licence to sell spirits or beer in retail quantities for consumption off the premises shall be made at the Annual Licensing District Court for the Court Area in which the premises for which a licence is required are situated.

(2)An application for the grant of a certificate for a wholesale beer dealer's licence may be made at any sitting of the District Court for the Court Area in which the premises for which a licence is required are situated. 94 .. 94.—

(1)Every person applying for the grant of a certificate for any such licence as is mentioned in Rule 93 hereof shall, not less than twenty-one days before the day of the court at which such application is made give or cause to be given to the Clerk of the Court Area in which the premises for which a licence is required are situated and to the local Superintendent of the Gárda Síochána, a notice in writing signed by such person stating the intention of such person to make such application, and setting forth in a true and particular manner the location and description of such premises, specifying the townland and county in which they are situated, and, if in a city or town, the street square or other description of the house, with the number of the house if it has been numbered, and also the place of abode of such person.

(2)Where the application is for the grant of a certificate for a licence to sell spirits or beer in retail quantities for consumption off the premis