The Gazette 1974

STATUTORY INSTRUMENTS RULES OF THE SUPERIOR COURTS (No. 2) 1974 (S.I. No. 261 of 1974) We, the Superior Courts Rules Committee, consti- tuted pursuant to the provisions of the Courts of Justice Act, 1936, Section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953, Section 15, bv virtue of the powers conferred upon us by the Courts of Justice Act, 1924, Section 36, and the Courts of Justice Act, 1936, Section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961, Section 48), and the Courts (Supplemental Provisions) Act, 1961, Section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court. Dated this 24th day of May, 1974. Thomas A. O'Reilly. Frank Griffin Weldon R. C. Parke Richard Johnson the annexed Rules of William O'B. Fitzgerald Aindrias Ó Caoimh Brian Walsh I concur in the making of Court. Dated this 29th day of May 1974. Patrick Cooney (Minister for Justice).

writer and said payment shall be borne by said party unless the Judge or the Master (as the case may be) shall after the trial or hearing certify that in his opinion it was expedient that the proceedings or any part thereof should have been so reported. If such certificate is given the remuneration of the shorthand writer for reporting the proceedings or part thereof to which the certificate relates shall be part of the costs in the cause." (2) Order 99, rule 36 (1) shall be deleted and the following substituted therefor : (1) The fees to be allowed in respect of shorthand writers and transcripts of evidence in relation to business done after these Rules shall have come into operation shall be of such amount as to the Taxing Master seems reasonable." (3) In Appendix W, Part II shall be deleted. (4) These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 2) 1974. Explanatory Note These Rules prescribe Court procedures in relation to the remuneration of shorthand writers, in amend- ment of the Rules of the Superior Courts. Published by the Stationery Office, Dublin. To be purchased from the Government Publications Sale Office, G.P.O. Arcade, Dublin 1. Price 2 j . and subject to the provisions therein contained funds in Court shall not be paid delivered or transferred out of Court nor invested sold or carried over unless in pursuance of an Order." (3) Form No. 9 of Appendix P shall be amended by inserting immediately after the word "receive" where same first occurs therein the following words fiz. : "and place on deposit (delete reference to deposit if not required)" and by adding at the end of the said Form immediately before the word "(signed)" the following words viz. : "and placed on deposit (delete reference to deposit if not applicable)". (4) These rules shall be construed together with Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 1) 1974. Explanatory Note

Notice of the making of this Statutory Instrument was published in Iris Oifigiúil of 30th August 1974. Rules of the Superior Courts (No. 2) 1974 (1) Rule 3 of Order 109 as amended by R.S.C. (No. 5) 1964 shall be deleted and the following rule substi- tuted therefor, viz. "3. The party applying for an order under rule 1 or rule 2 shall pay the remuneration of the shorthand

RULES OF THE SUPERIOR COURTS (No. 1) 1974 (S.I. No. 256 of 1974) We, the Superior Courts Rules Committee, consti- tuted pursuant to the provisions of the Courts of Justice Act, 1936, Section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953, Section 15, bv virtue of the powers conferred upon us by the Courts of Justice Act, 1924, Section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961, Section 48), and the Courts (Supplemental Provisions) Act, 1961, Section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court. Dated this 5th day of April, 1974. Signed by eight members of the Committee. The Minister for Justice concurred in the making of the Rules on 27th May 1974. (1) The following words shall be added to the end of Rule 21 (3) of Order 77 viz. :

"Where a lodgment is made pursuant to Order 22 the request shall state whether it is to be placed on deposit. Where so placed on deposit the defendant shall be entitled to the interest accruing thereon and said interest shall not be treated for the purpose of Order 22 Rule 6 as part of the amount paid into Court." (2) In Order 77 Rule 33 shall be deleted and the following rule substituted therefor : "33. Except as provided in the rules of this Order PROSECUTION OF OFFENCES ACT, 1974 (COMMENCEMENT) ORDER, 1974 (S.I. No. 272 of 1974) These Rules alter the provisions of Rule 21 (3) of Order 77 of the Rules of the Superior Courts (S.I. No. 72 of 1962) by enabling monies lodged with defence to be placed on interest-earning deposit for the benefit of defendants and also alter the provisions of Rule 33 of the same Order by removing the references therein to particular rules which qualified the provisions of the rule in regard to the payment out, transfer or invest- ment of funds in Court.

other than Sections 3, 5, 7, 9 and 10, comes into operation.

This Order fixes the 18th September 1974 as the date on which the Prosecution of Offences Act, 1974,

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