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48 1936



Miscellaneous Provisions.

Duration of imprisonment for non-payment of revenue penalty.

76. —Where any person was or shall be committed to prison (whether before or after the passing of this Act) by a justice of the District Court for non-payment of a penalty incurred under an Act relating to a tax or duty under the care and management of the Revenue Commissioners and the Revenue Commissioners have by law power to order the discharge of such person from prison, the Revenue Commissioners are hereby authorised and required on the passing of this Act or at the expiration of six months from the date of the committal of such person to prison (whichever is the later), to order the discharge of such person from prison, whether the penalty for the non-payment of which such person was so committed to prison shall or shall not have been paid.

Payments to judges, etc., for recoupment of expenses.

77. —There shall be paid out of moneys provided by the Oireachtas, to judges of the Supreme Court, the High Court, and the Circuit Court, to justices of the District Court, and to Commissioners of the High Court on Circuit such sums (in addition to remuneration) by way of recoupment of expenses incurred in travelling or otherwise for the purpose of the execution of their respective offices as the Minister for Justice, with the sanction of the Minister for Finance, shall from time to time determine.

Liability of unsuccessful defendant for costs of successful defendant.

78. —Where, in a civil proceeding in any court, there are two or more defendants and the plaintiff succeeds against one or more of the defendants and fails against the others or other of the defendants, it shall be lawful for the Court, if having regard to all the circumstances it thinks proper so to do, to order that the defendant or defendants against whom the plaintiff has succeeded shall (in addition to the plaintiff's own costs) pay to the plaintiff by way of recoupment the costs which the plaintiff is liable to pay and pays to the defendant or defendants against whom he has failed.

Clearing of Court at certain trials.

79. —Whenever a person is being tried in any Court on a charge of having committed an offence which is, in the opinion of the judge or justice presiding at such trial, of an indecent or obscene nature, it shall be lawful for such judge or justice, if he thinks proper so to do in the interests of public morality, to exclude from such Court during the whole or any particular part of such trial all persons except the said judge or justice, the accused, the officers of such Court and other persons present at such trial in an official capacity, all persons engaged or concerned in such trial in any capacity, every person who satisfies the judge or justice that he is a bona fide representative of the Press and is present as such representative, and such other persons as the said judge or justice shall, at his discretion, permit to remain in such Court.

Person standing mute.

80. —Whenever a person charged in the Central Criminal Court or in the Circuit Court with any crime or offence stands mute when called upon to plead to such charge, no jury shall be sworn for the trial of the issue whether such person so stands mute of malice or by the visitation of God, but in lieu thereof the Judge shall himself hear such evidence (if any) relevant to that issue as may then and there be adduced before him and, if the Judge is satisfied on such evidence that such person is mute by the visitation of God, all such consequences shall ensue as would have ensued if a jury sworn for the purpose had found that such person was so mute by the visitation of God, but if the Judge is not satisfied as aforesaid or if no such evidence is so adduced, the Judge shall direct a plea of “not guilty” to be entered for such person.

Prohibition of imitation of court documents.

81. —(1) It shall not be lawful for any person to issue, send, give, or deliver to or serve on or cause to be issued, sent, given or delivered to or served on any other person any document not issued under lawful authority which by its form, contents, or appearance is calculated or is reasonably likely to lead the person receiving it to believe that it is issued by lawful authority.

(2) Every person who issues, sends, gives, delivers or serves or causes to be issued, sent given, delivered, or served any document in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(3) In this section the expression “issued by lawful authority” means issued by, from, or by order of any Court of Justice or any judge or justice of any such Court or by or from any officer of or office attached to any such Court.