Superior Court Rules

ORDER 69

ARREST OF DEFENDANT UNDER THE DEBTORS ACT (IRELAND), 1872

1. An order to arrest under the Debtors Act (Ireland), 1872, section 7, (which shall be in the Form No 16 in Appendix F, Part II), shall be made upon affidavit and ex parte, but the defendant may, at any time after arrest, apply to the court to rescind or vary the order, or to be discharged from custody, or for such other relief as may be just.

2. An order to arrest shall before delivery to the Garda Síochána be indorsed with the registered place of business of the plaintiff’s solicitor, or with the address for service of the plaintiff in person as required by Order 4, rules 14 and 15.

3. The security to be given by the defendant may be a deposit in court of the amount mentioned in the order, or a bond to the plaintiff by the defendant and two sufficient sureties (or, with the leave of the court, either one surety or more than two), or, with the plaintiff’s consent, any other form of security. The plaintiff, may, within four days after receiving particulars of the names and addresses of the proposed sureties, give notice that he objects thereto, stating in the notice the particulars of his objections. In such case the sufficiency of the security shall be determined by the Master who shall have power to award costs to either party. It shall be the duty of the plaintiff to obtain an appointment for that purpose, and unless he do so within four days after giving notice of objection, the security shall be deemed sufficient.

4. The money deposited, and the security, and all proceedings thereon, shall be subject to the order and control of the court.

5. Unless otherwise ordered, the costs of and incidental to an order of arrest, shall be costs in the cause.

6. Upon payment into court of the amount mentioned in the order, a receipt shall be given, and upon receiving the bond or other security, a certificate to that effect shall be given, signed or attested by the plaintiff’s solicitor, if he have one, or by the plaintiff, if he sue in person. The delivery of such receipt, or a certificate to the officer executing the order, shall entitle the defendant to be discharged out of custody.

7. The officer effecting an arrest under such order shall, within two days after the arrest, indorse on the order the true date of such arrest.

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