09/12/1944: Circuit Court Rules (Service Of Originating Documents By Post) Order, 1944.

1. This Order shall have effect only where a Judge shall by order declare the same to be in force in respect of a specified area comprised within the Circuit to which he is for the time being assigned and for a specified period not being longer than one year. Such order shall not be sufficient unless signed by the Judge and impressed with the seal of the Court.

2. This Order shall be read together with the Rules of the Circuit Court 1931 and the Circuit Court (Workmen's Compensation) Rules, 1942.

3. Notwithstanding anything to the contrary contained in any Statutory Rule or Order relating to the practice and procedure of the Court, service of any Civil Bill, Originating Summons, or other originating document by which proceedings in the Court are instituted may be effected by sending a copy of the same to the defendant or other person to be served by registered prepaid post addressed to such person at his last known residence or place of business. Such document may be posted by the plaintiff or other person instituting the proceedings as the case may be, or by his solicitor, or by any other person acting on his behalf. The time date and place of posting shall be endorsed upon the original and the certificate of registration of the postal packet containing the copy shall be annexed or appended to the original before the same is lodged in the Office or filed with the County Registrar.

4. Unless the contrary be proved service of such document shall be deemed good upon proof that the postal packet containing the copy of the same was properly addressed registered and posted, and such document shall be deemed to have been served at the time when such postal packet would in the ordinary course of post have been delivered.

5. Such document shall be deemed to be issued when the copy of the same is posted.

6. This Order may be referred to as the Circuit Court Rules (Service of Originating Documents by Post) Order, 1944.

CIRCUIT COURT RULES (SERVICE OF ORIGINATING DOCUMENTS BY POST) ORDER, 1944.

CIRCUIT COURT OF JUSTICE.

We, the Circuit Court Rules Committee constituted pursuant to the provisions of

Section 69

of the

Courts of Justice Act, 1936

, by virtue of the powers conferred upon us by

Section 66

of the

Courts of Justice Act, 1924

, and

Section 70

of the

Courts of Justice Act, 1936

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for justice, make the annexed special Order relating to the service of Originating documents by registered Post supplemental to the Rules of the Circuit Court.

Dated this 9th day of December, 1944.

Signed

CAHIR DAVITT,

Chairman.

JAMES SEALY.

W. J. GLEESON.

ARTHUR E. CORBETT.

E. C. MICKS.

SEÁN Ó hUADHAIGH.

JOHN J. DUNNE.

SÉAMUS Ó CONCHUBHAIR.

Rúnai.

I concur in the making of the foregoing Rules.

(

Signed

), GERALD BOLAND,

Minister for Justice

COURTS OF JUSTICE ACTS, 1924 TO 1936.

CIRCUIT COURT OF JUSTICE.

SPECIAL ORDER RELATING

TO

THE SERVICE OF ORIGINATING DOCUMENTS BY REGISTERED POST.