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Dáil Éireann debate -
Tuesday, 2 Dec 1924

Vol. 9 No. 19

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - BOYLE CIVIL BILL OFFICER.

asked the Minister for Justice whether he is aware that the Civil Bill Officer for the Boyle District Court has had his services dispensed with in order that the duties of the post may be performed by the Summons Server; whether the Summons Server is legally empowered to serve Civil Bills, and whether, in view of the fact that the services of Civil Bill Officers have been retained in other District Courts in Roscommon and Sligo, the Civil Bill Officer in Boyle will be reappointed.

Civil Bill Officers were formerly dismissed, when necessary, by the County Court Judge, and pending legislation on the subject of Court Officers generally, the law appears to be and the practice certainly is that a Circuit Judge may now exercise this power if occasion arises. I have had a telegram from Judge Wakely to the effect that he has found it necessary to dismiss more than one Civil Bill Officer. If the Deputy will give me the name of the particular officer to whom he refers, I shall inquire, if he wishes, what the reason for dismissal was, but I think I am safe in asking the Deputy to believe that the Judge did not dismiss any Civil Bill Officer for the reason suggested in this question, viz., for the sake of giving the work to a summons server.

As regards the second part of the question, I think that it is scarcely proper to propose these legal questions for solution by me in this House, but I do not object to saying that I am advised that a summons server may legally serve a Civil Bill for hearing in the District Court.

As regards the third part of the question, I would prefer to await particulars of the case before I commit myself to any opinion, but I am naturally inclined to believe that if the man was dismissed by Judge Wakely, he was probably dismissed for serious misconduct and should not be reappointed.

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