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Dáil Éireann debate -
Wednesday, 27 Apr 1932

Vol. 41 No. 6

Ceisteanna—Questions. Oral Answers. - Powers of Sheriffs.

asked the Minister for Justice if he is aware that the City Sheriff, when handed decrees, or Fi fas, directed to him where the defendant resides in what was formerly the County of Dublin, but now the City, refuses to accept them and insists on their being lodged with the County Sheriff, and if he will have this matter investigated with a view to rectifying this anomaly.

Section 23 (3) of the Local Government (Dublin) Act, 1930, provides that so long as the person who, at the passing of that Act, held the office of Under-Sheriff of the County of Dublin, continues to hold office, his area of jurisdiction as such Under-Sheriff shall continue as if the Act in question had not been passed. The same person still holds the said office and, therefore, the City Under-Sheriff has no authority to execute the Court Orders referred to by the Deputy, and is acting quite rightly in refusing to accept them for execution

Arising out of the Minister's reply, will he inquire into the delay in executing decrees in the county?

Perhaps I might suggest to the Deputy that he should consider the effect of the section to which I referred. I think the law in the matter is quite clear.

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