S.I. No. 189/1959 - Rules of High Court and Supreme Court High Court Rules (No. 2), 1959

1. The following rule shall be substituted for rule 49 of Order 62 of the Rules of the Supreme Court (Ireland), 1905

" 49. When payment is made by the Bank under a direction or other document by which payment of money is to be effected, such payment shall be a good discharge to the Accountant of the Courts of Justice for the amount therein expressed if such direction or document has been indorsed or signed by the payee or his lawful attorney or if such payment is made, without such indorsement or signature, by the Bank in good faith and in the ordinary course of business to the credit of the payee's account at the Bank or to another bank for the credit of the payee's account at that bank."

2. These Rules may be referred to as the High Court Rules (No. 2), 1959.

EXPLANATORY NOTE

The

Cheques Act, 1959

makes it unnecessary to obtain in certain circumstances endorsements on cheques or drafts to enable a bank to discharge the payer's direction. The new Rule is to enable the Accountant of the Courts of Justice to obtain good discharges for payments directed by him and in the discharge of which the Bank of Ireland has not obtained endorsements on the draft's issued.

S.I. No. 189 of 1959.

RULES OF HIGH COURT AND SUPREME COURT HIGH COURT RULES (No. 2), 1959

We, the Superior Courts Rules Committee constituted pursuant to the provisions of

Section 67

of the

Courts of Justice Act, 1936

, and reconstituted pursuant to the provisions of

Section 15

of the

Courts of Justice Act, 1953

, by virtue of the powers conferred upon us by

Section 36

of the

Courts of Justice Act, 1924

, and

Section 68

of the

Courts of Justice Act, 1936

, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 6th day of November, 1959.

CONCHUBHAR A. MAGUIDHIR,

GEORGE D. MURNAGHAN

C.J.

JOHN O'LEARY

CECIL LAVERY

THOMAS V. DAVY

CEARBHALL Ó DÁLAIGH

RALPH J. WALKER

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

Dated this 12th day of November, 1959.

OSCAR TRAYNOR,

Minister for Justice.