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136
CIVIL BILL COURT, IRELAND.

Judge may in his discretion either make an order upon such suggestion without further hearing, or require the attendance of parties.

12. When the lunatic resides under order of the Judge in any District Lunatic Asylum or establishment for the care of the insane, it shall be the duty of one or other of the Inspectors of Lunatic Asylums, once in each year, to forward to the Clerk of the Peace, within whose jurisdiction the order has been made, a report for the information of the Judge respecting the care, treatment, and general condition of the lunatic.

13. Every guardian of a lunatic appointed under the Act shall once, at least, in each year, and as often besides as he shall be required by the Judge, furnish to the Clerk of the Peace a return setting forth, as nearly as the circumstances of each case will permit, the particulars which committees of lunatics are required to furnish to the Registrar in Lunacy under the General Orders in Lunacy (27th June 1879).[1]

14. The Judge may discharge from the control and regulation of the Court any lunatic so found under the Act, upon being satisfied that the lunatic has been restored to sound mind and to the capacity for managing his or her affairs; and every application for the exercise of this jurisdiction shall be by motion founded upon such evidence, oral or otherwise, as the Judge may think proper. But no such order shall be made by the Judge until he shall himself have personally examined the person claiming to be discharged.

15. Upon the death of any lunatic so declared under the Act it shall be the duty of the guardian appointed by the Judge to file with the Clerk of the Peace a suggestion of the death of a lunatic, with a verified statement setting forth the circumstances of the lunatic's property, and the claims, if any, against it in respect of costs, maintenance, or otherwise, in the matter of the lunacy. And the Judge, upon being satisfied that all such claims have been duly discharged, and upon Probate or Letters of Administration being exhibited to the Clerk of the Peace, shall by order direct the matter to be dismissed out of the jurisdiction of such Judge.

16. Subject to the foregoing rules, the Rules and Practice in Lunacy for the time being shall, so far as applicable, apply to all proceedings under the County Court Jurisdiction in Lunacy (Ireland) Act, 1880,[2] or any Act extending or amending the same.


  1. Published as a Stationery Office Paper.
  2. 43 & 44 Vict. c. 89.