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CIVIL BILL COURT, IRELAND.

Order XXXVIII.

County Court Jurisdiction in Lunacy (Ireland) Act, 1880.[1]

1. Every originating application to the Judge of the County Court for the exercise of his jurisdiction, under the County Court Jurisdiction in Lunacy (Ireland) Act, 1880,[1] hereinafter called the Act, shall be made by Civil Bill, signed by the petitioner and his or her solicitor, accompanied by two affidavits, whereof one shall be made by some person having an interest in the well- being of the supposed lunatic, and the other shall be made by a qualified medical practitioner, and such Civil Bill may be in the form given in the schedule to these rules.

2. The first mentioned affidavit shall set forth the evidence of the alleged lunacy within the personal knowledge of the deponent, the names and residences of the alleged lunatic, and of his or her next-of-kin, with the particulars of the property requiring to be protected and to be applied for the supposed lunatic's advantage.

3. The medical affidavit shall set forth, distinctly and particularly, the character of the alleged lunacy, and the evidence as to demeanour, conversation, acts, and physical causes, upon which the opinion of the medical deponent as to the soundness or unsoundness of mind of the supposed lunatic shall be founded.

4. The solicitor for the petitioner shall file the Lunacy Civil Bill and affidavits with the Clerk of the Peace, and immediately upon the filing thereof, and at least fifteen days before the first day of sitting of the Civil Bill Court, shall cause a copy of such Civil Bill to be served on the supposed lunatic, together with a notice of the filing of such affidavits.

5. Should no objection be made by the supposed lunatic, or by anyone on his or her behalf, and in case the Judge is of opinion, upon the hearing of the Civil Bill, that the supposed lunatic is of unsound mind and incapable of managing his or her person or property, and that such property requires to be protected and applied for his or her advantage, the Judge may,. without further evidence or inquiry, declare it to be established to his satisfaction that the supposed lunatic is of unsound mind and incapable of managing his or her person and property, and that such property requires to be protected and applied for his or her advantage, and the Judge shall further by such order prescribe whatever directions may seem good to him for the appointment of guardian or guardians of the person and estate of the lunatic, for the care and management of the lunatic's person and property, in respect of maintenance, residence, and otherwise, and may commit to such person or persons as he may think proper, and with or without security, the government of the lunatic's person and property.


  1. 1.0 1.1 43 & 44 Vict. c. 89.