S.I. No. 209/1987 - District Court (Malicious Injuries) Rules, 1987.

1. that the preliminary notice and the notice of application were duly served,

2. that on the day of 19 , *(within the harbour at ) *(at a place within one mile beyond the coastal boundary of the Respondent's area), *(a ship) *(property on board a ship) was damaged unlawfully by one or more of a number (exceeding two) of persons who were tumultously and riotously assembled together and, in the course of the riot, property to wit, valued £ was unlawfully taken from the ship,

3. that the Applicant has suffered the loss of the property taken and is entitled to compensation for the loss,

4. that the Respondent is the local authority for the place on shore nearest the place where the property was taken,

5. that the said place on shore is within the court area and district aforesaid,

AWARDS to the Applicant the sum of £ for compensation with £ for costs and £ for witnesses' expenses' making together the sum of £

*(AND ORDERS that the same be paid out of the funds of the Respondent/third party)

*(and being satisfied that liability for compensation should be apportioned between the Respondent and the third party as follows:—

Respondent

% and the third party

%

ORDERS that, of the said total sum, £ the sum of £ be paid out of the funds of the Respondent and the sum of £ out of the funds of the third party)

AND COMMANDS all sheriffs and county registrars to levy the amount of the award, costs, witnesses' expenses, together with interest at the rate of 11% per annum on †the amount of the award (exclusive of costs and witnesses' expenses) from the date hereof, and to take in execution the goods of the Respondent (and third party) to satisfy the said award, costs, witnesses' expenses and interest on award.

†If it exceeds £150

Dated this

day of

19 ,

Signed.......................................

Justice of the District Court

(County Registrar's warrant to be added)

GIVEN THIS 30th day of June 1987.

Oliver A. Macklin, Chairman

John P. Clifford

Gerard A. Lee

S. McMullin

P. J. Brennan

John Garavan

I concur in the making of the foregoing Rules.

Dated this 30th day of July, 1987.

GERARD COLLINS,

Minister for Justice.

EXPLANATORY NOTE

These Rules, which come into operation on 10 August, 1987, prescribe revised District Court forms of notice of Application for and Decree awarding compensation under the

Malicious Injuries Act, 1981

as amended by the

Malicious Injuries (Amendment) Act, 1986

in respect of damage or loss caused on or after 15 July 1986.

S.I. No. 209 of 1987.

DISTRICT COURT (MALICIOUS INJURIES) RULES, 1987.

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act, 1924

,

section 72

of the

Courts of Justice Act, 1936

,

section 17

of the

Interpretation Act, 1937

(as applied by

section 48

of the

Courts (Supplemental Provisions) Act, 1961

), and

section 34

of the

Courts (Supplemental Provisions) Act, 1961

, do hereby, with the concurrence of the Minister for Justice, make the following rules of Court:—