Superior Court Rules

ORDER 44

ATTACHMENT AND COMMITTAL

I. General

1. An order of attachment shall direct that the person against whom the order is directed shall be brought before the court to answer the contempt in respect of which the order is issued, and shall be in the Form No 11 in Appendix F, Part II.

2. An order of committal shall direct that upon his arrest the person against whom the order is directed shall be lodged in prison until he purge his contempt and is discharged pursuant to further order of the court, and shall be in the Form No 12 in Appendix F, Part II.

3. Save in respect of committal for contempt in the face of the court or committal under rule 4 no order of attachment or committal shall be issued except by leave of the court to be applied for by motion on notice to the party against whom the attachment or committal is to be directed.

4. When the person against whom an order of attachment is directed is brought before the court on his arrest, the court may either discharge him on such terms and conditions as to costs or otherwise as it thinks fit or commit him to prison for his contempt either for a definite period to be specified in the order, or until he shall purge his contempt and be discharged by further order of the court.

5. A person against whom an order of committal is directed may apply to the court to discharge such order. Every such application shall be by motion on notice to the party at whose instance the order of committal was made, and where on the hearing of such motion the court discharges the order of committal, the court may do so on such terms and conditions as to costs or otherwise as it thinks fit.

6. The court may make an order of attachment where the application is for an order of committal, and vice versa.

7. Every order of attachment or committal shall be directed to the Commissioner and members of the Garda Síochána.

8. The foregoing provisions of this Order shall not apply to committal under the Debtors Act (Ireland), 1872, section 6.

II. The Debtors Act (Ireland), 1872

9. The court, in making an order for committal to prison under the Debtors Act (Ireland), 1872 (35 & 36 Vic c 57), section 6, may either make such imprisonment determinable on payment of the whole sum in respect of which the person to be imprisoned is in default, together with such costs as the court shall think fit, or may order the debt to be paid by such instalments as the court shall think fit, and make the imprisonment determinable on payment of such costs and such of the said instalments as the court shall think fit; and in either of such cases the court may direct payment of a sum in gross in lieu of taxed costs.

10. Orders of committal under the said Act may be in one of the Forms Nos 13 and 14 in Appendix F, Part II, and two copies of each such order shall be delivered to the Commissioner of the Garda Síochána indorsed with the particulars required by Order 42, rule 16.

11. The member of the Garda Síochána executing the order of committal shall forthwith after the arrest indorse upon each copy of the order the true date of such arrest and leave one copy so indorsed with the Governor of the prison in which the debtor shall be lodged and shall within two days return the other copy of the order so indorsed to the solicitor of the person prosecuting the judgment or order, or to such person himself if he acts in person.

12. Upon payment of the sum or sums in that behalf mentioned in the order of committal, and the costs or gross sum in lieu of costs, made payable by the order, the person committed shall be entitled to a certificate in the Form No 15 in Appendix F, Part II, signed by the solicitor of the person prosecuting the judgment or order which has been disobeyed, or if such person be acting in person, then signed by him and attested by a solicitor or a peace commissioner.

13. No application made under the said section 6 nor any order made thereon, shall in any manner vary or suspend any of the remedies which the person prosecuting the judgment or order which has been disobeyed would, if no such application had been made, have been entitled to against the property of the person disobeying the said judgment or order; but the person prosecuting such judgment or order may proceed to avail himself of such remedies without any regard to such application or to any order made thereon, except so far as he may, by such last mentioned order, be expressly restrained from availing himself of such remedies.

14. In case any order is made under the said section 6 for payment of a sum of money by instalments, and the person imprisoned shall, after his discharge from prison, neglect or refuse to pay the subsequent instalments or any of them, the person prosecuting the judgment or order in respect of which the said instalments were ordered to be paid, shall in addition to his remedies against the property of the person making default, be entitled to apply for orders of committal from time to time for non-payment of any one or more of such subsequent instalments.

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