Courts (Supplemental Provisions) Act, 1961 (Act No. 39 of 1961), Ireland

Main text(s)

English Courts (Supplemental Provisions) Act, 1961 (Act No. 39 of 1961)

Courts (Supplemental Provisions) Act, 1961 (Act No. 39 of 1961)

Courts (Supplemental Provisions) Act, 1961

Number 39 of 1961.

COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961.

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation generally.

3. Repeals and saving.

PART II

Supreme Court, High Court, Chief Justice, President of the High Court, Central Criminal Court

and Court of Criminal Appeal

4. Number of ordinary judges of Supreme Court and High Court.

5. Qualifications of judges of Supreme Court and High Court.

6. Pensions of judges of Supreme Court and High Court.

7. General jurisdiction of Supreme Court.

8. General jurisdiction of High Court.

9. Jurisdiction of High Court in lunacy and minor matters.

10. Jurisdiction of Chief Justice and President of the High Court.

11. The Central Criminal Court.

12. Jurisdiction of Court of Criminal Appeal.

13. High Court Circuits.

14. Jurisdiction to be exercised pursuant to rules of court (Supreme Court,

High Court, Chief Justice, President of the High Court, Central

Criminal Court and Court of Criminal Appeal).

PART III

Circuit Court

15. Definitions (Part III).

16. Number of ordinary judges of Circuit Court.

17. Qualifications of judges of Circuit Court.

18. Age of retirement of judge of Circuit Court.

19. Pensions of judges of Circuit Court.

20. Circuits and assignment of judges to circuits.

21. Circuit Court to be a court of record.

22. Jurisdiction of Circuit Court, except in applications for new on-licences and

in indictable offences.

23. Jurisdiction of Cork Circuit Court Judge in admiralty causes and in

bankruptcy.

24. Jurisdiction of Circuit Court in applications for new on-licences.

25. Jurisdiction of Circuit Court in indictable offences.

26. Transfer of trials in criminal cases by judge of the Circuit Court.

27. Jurisdiction to be exercised pursuant to rules of court (Circuit Court, Cork

Local Admiralty Court and Cork Local Bankruptcy Court).

PART IV

District Court

28. Number of justices of District Court.

29. Qualifications of justices of District Court and interpretation of section 2

of the Act of 1949, as applied by section 48 of this Act.

30. Age of retirement of justice of District Court.

31. Pensions of justices of District Court.

32. District court areas and districts and assignment of justices to districts.

33. Jurisdiction of District Court.

34. Jurisdiction to be exercised pursuant to rules of court (District Court).

35. Qualification for appointment as President of the District Court and

assignment.

36. General powers of President of the District Court.

37. Abolition of Divisions of Dublin Metropolitan Justices.

38. Principal Justices of the Dublin Metropolitan District.

39. Number of justices of Dublin Metropolitan District.

40. Places at which business of Dublin Metropolitan District is to be

transacted.

41. Number of sitting days in each week for justices assigned to Dublin

Metropolitan District.

42. Business of District Court in Dublin Metropolitan District.

43. Restriction of section 26 of Act of 1953.

44. Ex officio members of District Court Rules Committee.

PART V

Miscellaneous Provisions

45. Administration of justice otherwise than in public.

46. Provisions in relation to remuneration and pensions of judges and

justices.

47. Interest on judgment debts.

48. Application of enactments relating to existing courts and judges and

officers thereof, and rules of court.

49. Preservation of continuity of administration and enforcement of justice.

50. Appeals from District Court in criminal cases against sentence only.

51. Extension of section 2 of the Summary Jurisdiction Act, 1857.

52. Case stated for High Court on question of law.

53. Application of section 26 of Hire-Purchase (Amendment) Act, 1960.

54. Jurisdiction to bind to the peace or to good behaviour.

55. Offices and officers, etc. under Court Officers Acts, 1926 to 1951.

56. Power to continue county registrars in office after reaching age of sixty-

five years.

57. Pension of the Master of High Court, Taxing-Master and county registrar.

58. Special provisions for person who, on the operative date, holds the office

of Master of the High Court, Taxing-Master or county registrar.

59. Officers of Cork Local Admiralty Court and Cork Local Bankruptcy Court.

60. Right of audience of solicitors in Circuit Court, Cork Local Admiralty Court

and Cork Local Bankruptcy Court.

61. Solicitors and commissioners for oaths.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Pensions of Judges of Courts Established by the Principal Act

THIRD SCHEDULE

Civil Proceedings In Respect Of Which The Jurisdiction Of The High Court Is, With Quantitative

Limitations, Conferred On The Circuit Court, And Judges Of The Circuit Court By Whom The

Jurisdiction Is To Be Exercised

FOURTH SCHEDULE

Jurisdiction of the Circuit Court under certain British statutes and Saorstát éireann statutes,

and judges of the Circuit Court by whom the jurisdiction is to be exercisedAdaptations (in

relation to the Circuit Court and the judges thereof) of certain British statutes relating to

former County Courts, Courts of Quarter Sessions and judges thereof

FIFTH SCHEDULE

Adaptations (in relation to the Circuit Court and the judges thereof) of certain British statutes

relating to former County Courts, Courts of Quarter Sessions and judges thereof

SIXTH SCHEDULE

Assignment of justices of District Court to district court districts

SEVENTH SCHEDULE

Existing courts and corresponding courts established by the Principal Act, and judges of

existing courts and corresponding judges of courts established by the Principal Act

EIGHTH SCHEDULE

Provisions in relation to offices and officers to be attached to the High Court, the Supreme

Court and the President of the High Court

Acts Referred to

Courts of Justice Act, 1924 1924, No. 10

Court Officers Act, 1926 1926, No. 27

Courts of Justice Act, 1936 1936, No. 48

Court Officers Act, 1945 1945, No. 25

Courts of Justice (District Court) Act, 1946 1946, No. 21

Courts of Justice Act, 1947 1947, No. 20

Courts of Justice (District Court) Act, 1949 1949, No. 8

Courts of Justice Act, 1953 1953, No. 32

Interpretation Act, 1937 1937, No. 38

Lunacy Regulation (Ireland) Act, 1871 1871, c. 22

Courts of Justice Act, 1928 1928, No. 15

Solicitors Act, 1954 1954, No. 36

Offences Against the State Act, 1939 1939, No. 13

Maritime Jurisdiction Act, 1959 1959, No. 22

Treason Act, 1939 1939, No. 10

Courts of Justice Act, 1926 1926, No. 1

Wireless Telegraphy Act, 1926 1926, No. 45

Public Health Acts Amendment Act, 1890 1890, c. 59

Public Dance Halls Act, 1935 1935, No. 2

Debtors (Ireland) Act, 1840 1840, c. 105

Criminal Justice Act, 1951 1951, No. 2

Courts of Justice and Court Officers (Superannuation) Act, 1961 1961, No. 16

Summary Jurisdiction Act, 1857 1857, c. 43

Hire-Purchase (Amendment) Act, 1960 1960, No. 15

Court Officers Act, 1951 1951, No. 8

Solicitors Act, 1954 1954, No. 36

District Justices (Temporary Provisions) Act, 1923 1923, No. 6

Courts of Justice Act, 1928 1928, No. 15

Superannuation Act, 1834 1834, c. 24

Superannuation Act, 1956 1956, No. 38

Superannuation Act, 1859 1859, c. 26

Number 39 of 1961.

COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961.

AN ACT TO PROVIDE, IN RELATION TO THE COURTS TO BE ESTABLISHED BY THE COURTS

(ESTABLISHMENT AND CONSTITUTION) ACT, 1961, AND THE JUDGES AND OFFICERS OF

THOSE COURTS, FOR CERTAIN MATTERS NECESSARY TO SUPPLEMENT THAT ACT, TO

CONFER JURISDICTION ON THE JUDGE OF THE CIRCUIT COURT ASSIGNED TO THE CORK

CIRCUIT IN ADMIRALTY CAUSES AND IN BANKRUPTCY, TO REPEAL CERTAIN ENACTMENTS,

AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS

AFORESAID. [16th August, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I

Preliminary And General

Short title and

commencement.

1.—(1) This Act may be cited as the Courts (Supplemental Provisions) Act, 1961.

(2) This Act shall come into operation on the date on which the Principal Act comes into

operation and immediately after the coming into operation of the Principal Act.

Interpretation

generally.

2.—(1) In this Act—

“the Act of 1924” means the Courts of Justice Act, 1924 ;

“the Act of 1926” means the Court Officers Act, 1926 ;

“the Act of 1936” means the Courts of Justice Act, 1936 ;

“the Act of 1945” means the Court Officers Act, 1945 ;

“the Act of 1946” means the Courts of Justice (District Court) Act, 1946 ;

“the Act of 1947” means the Courts of Justice Act, 1947 ;

“the Act of 1949” means the Courts of Justice (District Court) Act, 1949 ;

“the Act of 1953” means the Courts of Justice Act, 1953 ;

“the Circuit Court” means the Court established by section 4 of the Principal Act;

“the Court of Criminal Appeal” means the Court established by section 3 of the Principal Act;

“the District Court” means the Court established by section 5 of the Principal Act;

“the Dublin Metropolitan District” means the district styled and known as the Dublin

Metropolitan District under section 64 of the Act of 1936;

“enactment” includes a charter and any instrument made under an enactment;

“the existing Chief Justice” means the judge of the existing Supreme Court who, by virtue of

section 5 of the Act of 1924, was, immediately before the operative date, president of that

Court;

“the existing Circuit Court” means the Circuit Court of Justice constituted by section 37 of the

Act of 1924;

“the existing Court of Criminal Appeal” means the Court of Criminal Appeal constituted by

section 8 of the Act of 1924;

“the existing District Court” means the District Court of Justice constituted by section 67 of

the Act of 1924;

“the existing High Court” means the High Court of Justice constituted by section 4 of the Act

of 1924;

“the existing President of the Circuit Court” means the judge of the existing Circuit Court

who, immediately before the operative date, held the office created by section 9 of the Act of

1947;

“the existing President of the High Court” means the judge of the existing High Court who, by

virtue of section 4 of the Act of 1924, was, immediately before the operative date, president

of that Court;

“the existing Supreme Court” means the Supreme Court of Justice constituted by section 5 of

the Act of 1924;

“the High Court” means the Court established by section 2 of the Principal Act;

“justice of the District Court” includes, except where the context otherwise requires, the

President of the District Court;

“the Minister” means the Minister for Justice;

“the operative date” means the date on which this Act comes into operation;

“the Principal Act” means the Courts (Establishment and Constitution) Act, 1961 (No. 39 of

1961);

“State authority” means any authority being—

(a) a Minister of State, or

(b) the Commissioners of Public Works in Ireland, or

(d) the Revenue Commissioners, or

(e) the Attorney General;

“the Supreme Court” means the Court established by section 1 of the Principal Act.

(2) Except where the context otherwise requires, any reference in this Act to any other

enactment shall be construed as a reference to that enactment as amended, adapted or

applied by or under any other enactment, including this Act.

Repeals and 3.—The enactments mentioned in column (2) of the First Schedule to this Act are hereby

saving. repealed to the extent mentioned in column (3) of that Schedule, but, without prejudice to

subsection (1) of section 21 of the Interpretation Act, 1937 , such of those enactments as

relate to the pensions of the judges and justices of the courts established by the Act of 1924

shall, notwithstanding the repeal thereof, continue to apply to any person who, having been

a judge of the existing Supreme Court, existing High Court or existing Circuit Court or a

justice of the existing District Court, retired or retires from office before the operative date.

PART II

Supreme Court, High Court, Chief Justice, President of the High Court, Central Criminal Court

and Court of Criminal Appeal

Supreme Court and High Court

Number of 4.—(1) The number of ordinary judges of the Supreme Court shall be four.

ordinary judges of

Supreme Court

and High Court.

(2) The number of ordinary judges of the High Court shall not be more than six.

Qualifications of 5.—(1) (a) The existing Chief Justice shall be qualified for appointment as Chief Justice and, if

judges of he is willing to accept office, no other person shall be qualified for appointment as

Supreme Court Chief Justice.

and High Court.

(b) The existing President of the High Court shall be qualified for appointment as

President of the High Court and, if he is willing to accept office, no other person

shall be qualified for appointment as President of the High Court.

immediately before the operative date shall be qualified for appointment as an

ordinary judge of the Supreme Court and, if and so long as there is one or more

than one of those persons who is willing to accept office and has not been

appointed, no other person shall be qualified for appointment as an ordinary judge

of the Supreme Court.

(d) Each of the persons who are ordinary judges of the existing High Court

immediately before the operative date shall be qualified for appointment as an

ordinary judge of the High Court and, if and so long as there is one or more than

one of those persons who is willing to accept office and has not been appointed,

no other person shall be qualified for appointment as an ordinary judge of the

High Court.

(e) Paragraphs (a), (b), (c) and (d) of this subsection apply only in relation to the

qualification for appointment of the first judges of the Supreme Court and High

Court.

(f) Subsections (2), (3), (4) and (5) of this section shall have effect subject to the

preceding paragraphs of this subsection.

(2) (a) A person who is for the time being a practising barrister of not less than twelve

years' standing shall be qualified for appointment as a judge of the Supreme Court

or the High Court.

(b) For the purposes of paragraph (a) of this subsection, service as a judge of the

existing Circuit Court or of the Circuit Court shall be deemed practice at the Bar.

(3) An ordinary judge of the Supreme Court shall be qualified for appointment as President

of the High Court or as Chief Justice.

(4) The President of the High Court shall be qualified for appointment as an ordinary judge

of the Supreme Court or as Chief Justice.

(5) An ordinary judge of the High Court shall be qualified for appointment as an ordinary

judge of the Supreme Court or as President of the High Court or as Chief Justice.

Pensions of judges 6.—(1) The provisions set out in Part I of the Second Schedule to this Act shall apply to the

of Supreme Court

and High Court.

General

jurisdiction of

Supreme Court.

pensions of judges of the Supreme Court and the High Court.

(2) Where a judge of the Supreme Court or High Court is removed from office on account

of incapacity, he shall be deemed for the purpose of pension to have vacated his office

owing to permanent infirmity.

7.—(1) The Supreme Court shall be a superior court of record with such appellate and

other jurisdiction as is prescribed by the Constitution.

(2) There shall be vested in the Supreme Court—

(a) all jurisdiction which was, immediately before the commencement of Part I of the Act

of 1924, vested in or capable of being exercised by the former Court of Appeal in

Southern Ireland or any judge or judges thereof and was, immediately before the

operative date, vested in or capable of being exercised by the existing Supreme

Court,

(b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this

Act, was, immediately before the operative date, vested in or capable of being

exercised by the existing Supreme Court.

(3) Subject to subsection (4) of this section, an appeal to or other matter cognisable by the

Supreme Court shall be heard and determined by five judges of the Supreme Court,

including judges who are by virtue of subsection (3) or (4) of section 1 of the Principal Act

additional judges of the Supreme Court.

General

jurisdiction of

High Court.

Jurisdiction of

High Court in

lunacy and minor

matters.

(4) The Chief Justice or, in his absence, the senior ordinary judge of the Supreme Court for

the time being available may determine that an appeal to or other matter cognisable by the

Supreme Court, not being a matter so cognisable under Article 12 or Article 26 of the

Constitution or a question of the validity of any law having regard to the provisions of the

Constitution, is to be heard and determined by three judges and, where such a

determination is made, the appeal or matter to which the determination relates shall be

heard and determined by three judges of the Supreme Court, including judges who are by

virtue of subsection (3) or (4) of section 1 of the Principal Act additional judges of the

Supreme Court.

8.—(1) The High Court shall be a superior court of record with such original and other

jurisdiction as is prescribed by the Constitution.

(2) There shall be vested in the High Court—

(a) all jurisdiction which was, immediately before the commencement of Part I of the Act

of 1924, vested in or capable of being exercised by the former High Court of Justice

in Southern Ireland or any division or judge thereof and was, immediately before

the operative date, vested in or capable of being exercised by the existing High

Court,

(b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this

Act, was, immediately before the operative date, vested in or capable of being

exercised by the existing High Court.

(3) The jurisdictions vested in the High Court shall include all powers, duties and

authorities incident to any and every part of the jurisdictions so vested.

9.—(1) There shall be vested in the High Court the jurisdiction in lunacy and minor matters

which—

(a) was formerly exercised by the Lord Chancellor of Ireland,

(b) was, at the passing of the Act of 1924, exercised by the Lord Chief Justice of Ireland,

and

section 9 of the Act of 1936, vested, immediately before the operative date, in the

existing High Court.

Jurisdiction of

Chief Justice and

President of the

High Court.

(2) The jurisdiction vested in the High Court by subsection (1) of this section shall be

exercisable by the President of the High Court or, where the President of the High Court so

directs, by an ordinary judge of the High Court for the time being assigned in that behalf by

the President of the High Court.

(3) References in the Lunacy Regulation (Ireland) Act, 1871 , and the rules and orders made

thereunder to “the Lord Chancellor entrusted as aforesaid” shall be construed as references

to the judge of the High Court for the time being exercising the jurisdiction vested in the High

Court by subsection (1) of this section.

(4) (a) The President of the High Court or such other Judge of the High Court as may be

assigned by him under subsection (2) of this section may from time to time by

order made under section 118 of the Lunacy Regulation (Ireland) Act, 1871 , amend

any form prescribed by or under that Act for use in relation to the jurisdiction in

lunacy matters vested in the High Court by subsection (1) of this section by

substituting in such form the expression “ward of court” or such other similar

expression as he thinks proper for the word “lunatic” and the expression “person

of unsound mind” respectively and by making such further consequential

amendments in that form as he thinks necessary and proper.

(b) Any order made under section 4 of the Courts of Justice Act, 1928 , as amended by

paragraph (b) of subsection (2) of section 9 of the Act of 1936, which is in force

immediately before the operative date shall continue in force and be deemed to

have been made under paragraph (a) of this subsection.

(5) Such solicitors, doctors, visitors and other persons as were, immediately before the

operative date, retained or nominated in relation to the exercise of any jurisdiction which, by

virtue of subsection (1) of section 19 of the Act of 1924 and subsection (1) of section 9 of the

Act of 1936, was, immediately before the operative date, vested in the existing High Court

shall be retained or nominated by the President of the High Court and section 59 of the Act

of 1926, as applied by section 48 of this Act, shall not apply to them.

Chief Justice and President of the High Court

10.—(1) There shall be exercisable by the Chief Justice—

(a) the jurisdiction in relation to solicitors which, by virtue of subsection (2) of section 19

of the Act of 1924, and subsection (3) of section 14 of the Solicitors Act, 1954 , was,

immediately before the operative date, vested in or capable of being exercised by

the existing Chief Justice,

(b) the power of appointing notaries public and commissioners to administer oaths,

The Central

Criminal Court.

this Act, was, immediately before the operative date, vested in or capable of being

exercised by the existing Chief Justice.

(2) Whenever the Chief Justice is unable owing to illness or for any other reason to transact

the business of his office, all jurisdictions, powers, authorities and functions for the time

being vested in him in virtue of his office shall be exercised or performed by the President of

the High Court or, in the event of the President of the High Court being unable owing to

illness or for any other reason to exercise or perform the said jurisdictions, powers,

authorities and functions, by the senior ordinary judge of the Supreme Court who is for the

time being available.

(3) It shall be the function of the President of the High Court or, where he is not available,

the senior ordinary judge of the High Court who is for the time being available to arrange the

distribution and allocation of the business of the High Court.

(4) Where the Chief Justice is of opinion that the conduct of a justice of the District Court

has been such as to bring the administration of justice into disrepute, the Chief Justice may

interview the justice privately and inform him of such opinion.

(5) There shall be exercisable by the President of the High Court all jurisdiction which, by

virtue of any enactment which is applied by section 48 of this Act, was, immediately before

the operative date, vested in or capable of being exercised by the existing President of the

High Court.

Central Criminal Court

11.—(1) The High Court exercising the criminal jurisdiction with which it is invested shall be

known as An Phríomh-Chúirt Choiriúil (The Central Criminal Court) and is in this Act referred

to as the Central Criminal Court.

(2) (a) The jurisdiction exercisable by the Central Criminal Court shall be exercisable by a

judge or judges of the High Court (including the President of the High Court)

nominated from time to time by the President of the High Court.

(b) The jurisdiction of the Court shall be exercisable by each judge for the time being so

nominated save that, where the President of the High Court directs that two or

more such judges shall sit together for the purpose of a particular case, the

jurisdiction of the Court for that purpose shall be exercised by those judges sitting

together.

Jurisdiction of

Court of Criminal

Appeal.

High Court

Circuits.

(3) Every person lawfully brought before the Central Criminal Court may be indicted before

and tried and sentenced by that Court, wherever it may be sitting, in like manner in all

respects as if the crime with which such person is charged had been committed in the

county or county borough in which the said Court is sitting.

(4) References in any other enactment (whether passed before or after this Act) to the

Central Criminal Court shall be construed as references to the High Court exercising the

criminal jurisdiction with which it is invested.

Court of Criminal Appeal

12.—(1) The Court of Criminal Appeal shall be a superior court of record and shall, for the

purposes of this Act and subject to the enactments applied by section 48 of this Act, have full

power to determine any questions necessary to be determined for the purpose of doing

justice in the case before it.

(2) There shall be vested in the Court of Criminal Appeal all jurisdiction which, by virtue of

any enactment which is applied by section 48 of this Act, was, immediately before the

operative date, vested in or capable of being exercised by the existing Court of Criminal

Appeal.

(3) In subsection (2) of section 44 of the Offences Against the State Act, 1939 , the

reference to section 30 of the Act of 1924 shall be construed as a reference to subsection (1)

of this section.

High Court Circuits

13.—The grouping of the several counties and county boroughs (other than the county of

Dublin and the county borough of Dublin) in the State into High Court Circuits under

subsection (1) (repealed by this Act) of section 33 of the Act of 1936 shall, subject to any

order which may be made under subsection (2) of the said section 33, as applied by section

48 of this Act, continue to have effect, and references in any enactment to High Court

Circuits shall be construed accordingly.

Exercise of Jurisdiction

Jurisdiction to be

exercised

pursuant to rules

of court (Supreme

Court, High Court,

Chief Justice,

President of the

High Court,

Central Criminal

Court and Court of

Criminal Appeal).

Definitions (Part

III).

14.—(1) In this section “rules of court” means rules made under section 36 of the Act of

1924, as applied by section 48 of this Act.

(2) The jurisdiction which is by virtue of this Act vested in or exercisable by the Supreme

Court, the High Court, the Chief Justice, the President of the High Court, the Central Criminal

Court and the Court of Criminal Appeal respectively shall be exercised so far as regards

pleading, practice and procedure generally, including liability to costs, in the manner

provided by rules of court, and, where no provision is contained in such rules and so long as

there is no rule with reference thereto, it shall be exercised as nearly as possible in the same

manner as it might have been exercised by the respective existing courts or judges by which

or by whom such jurisdiction was, immediately before the operative date, respectively

exercisable.

(3) Rules of court may, in relation to proceedings and matters (not being criminal

proceedings or matters or matters relating to the liberty of the person) in the High Court and

Supreme Court, authorise the Master of the High Court and other principal officers, within

the meaning of the Court Officers Acts, 1926 to 1951, to exercise functions, powers and

jurisdiction in uncontested cases and to take accounts, conduct inquiries and make orders of

an interlocutory nature.

PART III

Circuit Court

15.—In this Part of and in the Third , Fourth and Fifth Schedules to this Act—

“action” means a civil proceeding in the Circuit Court commenced by civil bill;

“cause” means any action, suit or original proceeding between a plaintiff and a defendant;

“defendant” includes respondent;

“incorporeal hereditament” includes an easement and a licence in respect of land;

“matter” means any proceeding in the Circuit Court not in a cause;

“plaintiff” includes applicant and petitioner;

“proceedings” includes both causes and matters;

references to the judge of a particular circuit shall be construed as references to the judge of

the Circuit Court for the time being assigned to that circuit;

“personality” does not include chattels real;

“land” includes incorporeal hereditaments;

“rules of court” means rules made under section 66 of the Act of 1924, as applied by section

48 of this Act.

Number of

ordinary judges of

Circuit Court.

16.—(1) The number of ordinary judges of the Circuit Court shall not be more than eight.

(2) Notwithstanding subsection (1) of this section, if, on the operative date, there are nine

ordinary judges of the Circuit Court, then, until the occurrence of the first vacancy in the

office of judge of the Circuit Court, the number of ordinary judges of the Circuit Court shall

not be more than nine.

Qualifications of17.—(1) (a) The existing President of the Circuit Court shall be qualified for appointment as

judges of Circuit President of the Circuit Court and, if he is willing to accept office, no other person

Court. shall be qualified for appointment as President of the Circuit Court.

(b) Each of the persons (other than the existing President of the Circuit Court) who are

judges of the existing Circuit Court immediately before the operative date shall be

qualified for appointment as an ordinary judge of the Circuit Court and, if and so

long as there is one or more than one of those persons who is willing to accept

office and has not been appointed, no other person shall be qualified for

appointment as an ordinary judge of the Circuit Court.

for appointment of the first judges of the Circuit Court.

(d) Subsections (2) and (3) of this section shall have effect subject to the preceding

paragraphs of this subsection.

(2) (a) A person who is for the time being a practising barrister of not less than ten years'

standing shall be qualified for appointment as a judge of the Circuit Court.

(b) For the purposes of paragraph (a) of this subsection, service, in the case of a

barrister, as a justice of the existing District Court or of the District Court shall be

deemed practice at the Bar.

(3) An ordinary judge of the Circuit Court shall be qualified for appointment as President of

the Circuit Court.

Age of retirement 18.—(1) The age of retirement of a judge of the Circuit Court shall be seventy years.

of judge of Circuit

Court.

(2) Notwithstanding subsection (1) of this section, the age of retirement of a judge of the

Circuit Court who was a judge of the existing Circuit Court at the passing of the Act of 1947

shall be seventy-two years.

Pensions of judges 19.—(1) The provisions set out in Part II of the Second Schedule to this Act shall apply to

of Circuit Court. the pensions of judges of the Circuit Court.

(2) Where a judge of the Circuit Court is removed from office on account of incapacity, he

shall be deemed for the purpose of pension to have vacated his office owing to permanent

infirmity.

Circuits and

assignment of

judges to circuits.

20.—(1) The circuits created under section 16 (repealed by this Act) of the Act of 1953 shall

be the circuits for the purposes of the Circuit Court.

(2) (a) Where a person is appointed a judge of the Circuit Court, the Government shall

permanently assign him to a particular circuit.

(b) Notwithstanding paragraph (a) of this subsection, if, on the operative date, there

are nine ordinary judges of the Circuit Court so that, in the making of the first

assignments under that paragraph, one of such judges cannot be permanently

assigned to a particular circuit, such judge may be permanently assigned by the

Government at any time to a circuit and, pending such assignment, may from time

to time be temporarily assigned to any circuit by the President of the Circuit Court.

this subsection to a circuit, then, such judge shall, while so temporarily assigned,

have, in relation to such circuit and concurrently with any judge permanently

assigned thereto and any judge who is temporarily assigned under section 10 of

the Act of 1947 as applied by section 48 of this Act to such circuit, all the privileges,

powers and duties for the time being conferred or imposed by law on a judge of

the Circuit Court permanently assigned to such Circuit.

(3) Any judge of the Circuit Court who is for the time being permanently assigned to a

particular circuit may at any time, if he so consents but not otherwise, be transferred by the

Government to another circuit, and shall upon such transfer become and be permanently

assigned to that other circuit in lieu of the first-mentioned circuit.

Circuit Court to be

a court of record.

Jurisdiction of

Circuit Court,

except in

applications for

new on-licences

and in indictable

offences.

21.—The Circuit Court shall be a court of record.

22.—(1) (a) Subject to paragraphs (b) and (c) of this subsection, the Circuit Court shall,

concurrently with the High Court, have all the jurisdiction of the High Court to hear

and determine any proceedings of the kind mentioned in column (2) of the Third

Schedule to this Act at any reference number.

(b) Unless the necessary parties to the proceedings in a cause sign, either before or

at any time during the hearing, the form of consent prescribed by rules of court,

the Circuit Court shall not, by virtue of paragraph (a) of this subsection, have

jurisdiction to hear and determine any cause of the kind mentioned in column

(2) of the Third Schedule to this Act at a particular reference number in the case

mentioned in column (3) of the said Schedule at that reference number.

jurisdiction to hear and determine any matter of the kind mentioned in column

(2) of the Third Schedule to this Act at a particular reference number in the case

mentioned in column (3) of the said Schedule at that reference number.

(d) The jurisdiction of the Circuit Court to hear and determine proceedings of the

kind mentioned in column (2) of the Third Schedule to this Act at a particular

reference number shall be exercised by the judge of the Circuit Court

mentioned in column (4) of the said Schedule at that reference number.

(e) Where an incorporeal hereditament is involved in any proceedings in respect of

which the Circuit Court has jurisdiction by virtue of this subsection, references

in column (4) of the Third Schedule to this Act to the circuit where the land or

any part of the land is situate shall be construed as references to the circuit

where the land or any part of the land to, out of or in respect of which the

incorporeal hereditament is annexed, arises, issues or is exercisable is situate.

(2) The Circuit Court shall, concurrently with the High Court, have and exercise the

jurisdiction in lunacy matters which was conferred on the Lord Chancellor of Ireland by

section 68 of the Lunacy Regulation (Ireland) Act, 1871 , that is to say, in cases where the

property of the person alleged to be of unsound mind and incapable of managing his affairs

does not exceed two thousand pounds in value or the income therefrom does not exceed

one hundred pounds per annum.

(3) (a) The Circuit Court shall have and exercise the several jurisdictions which—

(i) were, under or by virtue of any enactment set out in column (2) of the Fourth

Schedule to this Act or any other enactment formerly vested in or capable of

being exercised by chairmen of quarter sessions, recorders, county court

judges, or quarter sessions, and

(ii) were, immediately before the operative date, vested in or capable of being

exercised by the existing Circuit Court.

(b) The jurisdiction vested in the Circuit Court by paragraph (a) of this subsection

under any enactment set out in column (2) of the Fourth Schedule to this Act at a

particular reference number shall be exercised by the judge of the Circuit Court

mentioned in column (3) of the said Schedule at that reference number.

inconsistent with the provisions of paragraph (b) of this subsection) for the

exercise by judges of the Circuit Court severally of any jurisdiction vested in the

Circuit Court by paragraph (a) of this subsection as are in his opinion necessary or

proper having regard to the provisions of this Act relating to the Circuit Court and

the judges thereof.

(d) Every order made by the Minister under paragraph (c) of this subsection shall, if

the order so provides, have and be deemed always to have had effect as on and

from the operative date.

(4) (a) Each British statute mentioned in column (2) of the Fifth Schedule to this Act shall

have effect subject to the adaptations specified in column (3) of the said Schedule

opposite the mention of that statute.

(b) The Minister may from time to time by order make such adaptations (not

inconsistent with the adaptations effected by paragraph (a) of this subsection) in

any enactment (wherein there is a reference to the former civil bill courts, county

courts or courts of quarter sessions, to the former assistant barristers, recorders,

county court judges or chairmen of quarter sessions or to former officers of those

courts) contained in any British statute or Saorstát Éireann statute as are, in his

opinion, necessary or proper having regard to the provisions of this Act relating to

the Circuit Court and the judges thereof.

the order so provides, have and be deemed always to have had effect as on and

from the operative date.

(5) (a) There shall also be vested in the Circuit Court all jurisdiction which, by virtue of any

enactment which is applied by section 48 of this Act, was, immediately before the

operative date, vested in or capable of being exercised by the existing Circuit Court.

(b) A particular jurisdiction vested in the Circuit Court by paragraph (a) of this

subsection shall, in case the exercise of that jurisdiction by the judges of the Circuit

Court severally is not provided for in an enactment applied by section 48 of this

Act, be exercised by the judges of the Circuit Court severally in the manner

provided by rules of court.

(6) The Circuit Court, as regards any cause of action for the time being within its

jurisdiction, shall in any proceedings before it—

(a) grant such relief, redress or remedy or combination of remedies, absolute or

conditional, and

(b) give such and the like effect to every ground of defence or counterclaim, legal or

equitable,

as ought to be granted or given in the like case by the High Court and in as full and ample a

manner.

(7) Without prejudice to any jurisdiction conferred by the previous subsections of this

section, the Circuit Court shall have powers of attachment, garnishee and interpleader, and

shall have all powers (including the power to appoint a receiver) ancillary to any jurisdiction

exercisable by it.

(8) Any party to an action commenced in the Circuit Court and pending therein may at any

time apply to the judge of the Circuit Court before whom the action is pending to have the

action forwarded to the High Court and thereupon, in case the action is one fit to be tried in

the High Court and the High Court appears to be the more appropriate tribunal in the

circumstances, the said judge may send forward the action to the High Court upon such

terms and subject to such conditions as to costs or otherwise as mayappear to him to be

just, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of

this Act, from the decision of the judge granting or refusing any such application.

(9) A judge of the Circuit Court may, on the application of any party or on his own motion,

if he thinks fit, by order change the venue for the trial of any action pending before him from

one place of hearing to any other within his circuit, and an appeal shall lie under section 38

of the Act of 1936, as applied by section 48 of this Act, from the decision of the judge of the

Circuit Court making or refusing to make any such order.

(10) A judge of the Circuit Court may, on the application of any party to an action which has

been partly heard, transfer the remainder or any portion of the hearing to another venue

within his circuit or within the Dublin Circuit, and an appeal shall lie under section 38 of the

Act of 1936, as applied by section 48 of this Act, from the decision of the judge granting or

refusing any such application.

Jurisdiction of

Cork Circuit Court

Judge in admiralty

causes and in

bankruptcy.

(11) A judge of the Circuit Court may, outside his circuit, hear and determine any

application which he has power to hear and determine within that circuit and which, in his

opinion, should be dealt with as a matter of urgency.

(12) Where—

(a) an action is pending before a judge of the Circuit Court for the time being assigned to

a particular circuit, and

(b) an application is made by any party to such action for the transfer of such action to

another circuit for hearing by the judge of the Circuit Court for the time being

assigned to such other circuit,

such first-mentioned judge may, with the consent of such other judge, transfer such action

accordingly and thereupon such action shall be heard and determined by such other judge,

and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this

Act, from the decision of the first-mentioned judge granting or refusing any such application.

(13) A judge of the Circuit Court may adjourn the hearing of any proceedings before him to

any other court within his circuit.

(14) A judge of the Circuit Court may make out of court any orders which he may deem to

be urgent.

(15) (a) Notwithstanding anything contained in Part IV of the Act of 1936, as applied by

section 48 of this Act, no appeal shall lie from any decision of the Circuit Court in

any proceedings in a cause if, before the decision is given, the parties agree, in

writing signed by them, that the decision shall be final.

(b) An agreement under paragraph (a) of this subsection shall not require a stamp.

23.—(1) In this section—

“the Cork Circuit” means the circuit of the Circuit Court consisting of the county and county

borough of Cork;

“the Cork Circuit Court Judge” means the judge of the Circuit Court for the time being

assigned to the Cork Circuit.

(2) (a) The Cork Circuit Court Judge shall constitute and hold a local admiralty court (in this

subsection referred to as the Court) to be called the Cork Local Admiralty Court.

(b) The Court shall, within the Cork Circuit with the parts of the sea adjacent to it and

within the outer limit of the territorial seas, within the meaning of the Maritime

Jurisdiction Act, 1959 , have the jurisdiction in admiralty causes which immediately

before the commencement of Part II of the Act of 1924 was exercisable by the

former Recorder of Cork.

(d) Section 38 of the Act of 1936, as applied by section 48 of this Act, shall apply to every

judgment or order of the Court.

(3) (a) The Cork Circuit Court Judge shall constitute and hold a local bankruptcy court (in

this subsection referred to as the Court) to be called the Cork Local Bankruptcy

Court.

(b) The Court shall, as respects any person residing or having an office or place of

business in the Cork Circuit who is a debtor or person sought to be adjudged a

bankrupt or an arranging debtor, have the like jurisdiction, power and authority in

bankruptcy and as to arrangement with creditors and composition after

bankruptcy as are for the time being vested in or capable of being exercised by the

High Court.

(d) Section 38 of the Act of 1936, as applied by section 48 of this Act, shall apply to

every judgment or order of the Court.

(4) Subsections (6) and (7) of section 22 of this Act shall have effect as if the references

therein to the Circuit Court included references to the Cork Local Admiralty Court and the

Cork Local Bankruptcy Court.

(5) Subsections (8), (11), (14) and 15 of section 22 of this Act shall apply to proceedings in

the Cork Local Admiralty Court and in the Cork Local Bankruptcy Court.

(6) (a) In this subsection references to section 25 (which relates to the remittal or transfer

of actions pending in the High Court) of the Act of 1924 are references to that

section, as applied by section 48 of this Act and; as amended by section 11 of the

Act of 1936, as so applied, and by section 13 of the Act of 1953, as so applied.

(b) Section 25 of the Act of 1924 shall apply to admiralty actions pending in the High

Court which might have been commenced in the Cork Local Admiralty Court, and

for that purpose references in the said section to the Circuit Court shall be

construed as references to the Cork Local Admiralty Court.

Jurisdiction of

Circuit Court in

applications for

new on-licences.

Jurisdiction of

Circuit Court in

indictable

offences.

Transfer of trials

in criminal cases

by judge of the

Circuit Court.

High Court which might have been commenced in the Cork Local Bankruptcy

Court, and for that purpose references in the said section to the Circuit Court shall

be construed as references to the Cork Local Bankruptcy Court.

24.—(1) In this section “on-licence” has the same meaning as in the Licensing Acts, 1833 to

1960.

(2) The Circuit Court shall have jurisdiction in all cases of applications for new on-licences.

(3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the

judge of the circuit in which the premises in respect of which the new on-licence is sought

are situate.

(4) Where the Circuit Court grants under this section a new on-licence, then,

notwithstanding anything contained in any enactment, the licence shall not require to be

confirmed at any subsequent sitting of the Circuit Court.

25.—(1) Subject to subsection (2) of this section, the Circuit Court shall have and may

exercise every jurisdiction as respects indictable offences for the time being vested in the

Central Criminal Court and every person lawfully brought before the Circuit Court in exercise

of such jurisdiction may be indicted before and tried and, if convicted, sentenced by the

Circuit Court accordingly.

(2) The jurisdiction conferred on the Circuit Court by subsection (1) of this section shall not

extend to treason, an offence under section 2 or 3 of the Treason Act, 1939 , an offence

under section 6 , 7 or 8 of the Offences Against the State Act, 1939 , murder, attempt to

murder, conspiracy to murder, or piracy, including an offence by an accessory before or after

the fact.

(3) The jurisdiction vested in the Circuit Court by subsection (1) of this section shall be

exercised by the judge of the circuit in which the offence charged has been committed or in

which the accused person has been arrested or resides.

(4) In section 6 of the Courts of Justice Act, 1926 , as applied by section 48 of this Act, and in

subsection (1) of section 14 of the Wireless Telegraphy Act, 1926 , the references to section

53 of the Act of 1924 shall be construed as references to subsection (3) of this section.

26.—(1) A judge of the Circuit Court may, if he thinks fit, transfer the trial of a criminal issue

from the place in his circuit where it is required by law to be held to any other place in that

circuit, and, in that event, the trial shall be held at the place to which it is transferred with a

jury drawn from the jury district or other area prescribed for trials by the Circuit Court sitting

in the latter place.

Jurisdiction to be

exercised

pursuant to rules

of court (Circuit

Court, Cork Local

Admiralty Court

and Cork Local

Bankruptcy

Court).

Number of

justices of District

Court.

Qualifications of

justices of District

Court and

interpretation of

section 2 of the

Act of 1949, as

applied by section

48 of this Act.

(2) An order of a judge of the Circuit Court under subsection (1) of this section—

(a) may be made only on the application of the Attorney General or an accused person,

(b) may provide for matters ancillary or incidental to the transfer, and

27.—(1) The jurisdiction which is by virtue of this Act vested in or exercisable by the Circuit

Court, the Cork Local Admiralty Court and the Cork Local Bankruptcy Court respectively shall

be exercised so far as regards pleading, practice and procedure generally, including liability

to costs, in the manner provided by rules of court, and where, as regards the jurisdiction of

the Cork Local Admiralty Court and the Cork Local Bankruptcy Court, there is no provision in

such rules and so long as there is no rule in reference thereto, it shall be exercised as nearly

as possible in the same manner as it might have been exercised by the former Recorder of

Cork.

(2) The rule-making authority for the Circuit Court shall also be the rule-making authority

for the Cork Local Admiralty Court and the Cork Local Bankruptcy Court.

PART IV

District Court

General Provisions

28.—The number of justices of the District Court, in addition to the President of the District

Court, shall not be more than thirty-four.

29.—(1) (a) Each of the persons who are justices of the existing District Court immediately

before the operative date shall be qualified for appointment as a justice of the

District Court and, if and so long as there is one or more than one of those persons

who is willing to accept office and has not been appointed, no other person shall

be qualified for appointment as a justice of the District Court.

(b) Paragraph (a) of this subsection applies only in relation to the qualification for

appointment of the first justices of the District Court.

paragraphs of this subsection.

Age of retirement

of justice of

District Court.

Pensions of

justices of District

Court.

(2) A person who is for the time being a practising barrister or solicitor of not less than ten

years' standing shall be qualified for appointment as a justice of the District Court.

(3) A barrister or solicitor who actually practised his profession for not less than ten years

shall be qualified for appointment as a justice of the District Court if for the time being he

holds an office in respect of which it was (at the time of his appointment thereto) required by

statute that every person appointed thereto should be or should have been—

(a) a practising solicitor, or

(b) a practising barrister or solicitor.

(4) Where a person (being, immediately before the operative date, a justice of the existing

District Court by virtue of a warrant made under section 2 of the Act of 1949) is appointed a

justice of the District Court, he shall, for the purposes of the Act of 1949, as applied by

section 48 of this Act, be deemed to have been continued in office under the Act of 1949, as

so applied, for a year commencing on the date on which he attained—

(a) if the warrant is the first in respect of him, sixty-five years or

(b) if the warrant is the second in respect of him, sixty-six years, or

(d) if the warrant is the fourth in respect of him, sixty-eight years, or

(e) if the warrant is the fifth in respect of him, sixty-nine years.

30.—(1) The age of retirement of a justice of the District Court shall be sixty-five years.

(2) Notwithstanding subsection (1) of this section, the age of retirement of a justice of the

District Court who, immediately before the 29th day of July, 1946, was a justice of the existing

District Court and as such justice was permanently assigned to the Dublin Metropolitan

District shall be seventy years.

(3) The references in section 2 of the Act of 1949, as applied by section 48 of this Act, to

section 15 (repealed by this Act) of the Act of 1946 shall be construed as references to

subsection (1) of this section.

31.—(1) The provisions set out in Part III of the Second Schedule to this Act shall apply to

the pensions of justices of the District Court.

(2) Where a justice of the District Court is removed from office on account of incapacity, he

shall be deemed for the purpose of pension to have vacated his office owing to permanent

infirmity.

District court

areas and districts

and assignment of

justices to

districts.

Jurisdiction of

District Court.

32.—(1) The areas created under section 21 (repealed by this Act) of the Act of 1953 shall

be the district court areas for the purposes of the District Court.

(2) The districts created under section 22 (repealed by this Act) of the Act of 1953 and the

Dublin Metropolitan District shall be the district court districts for the purposes of the District

Court.

(3) The provisions (which relate to the assignment of justices of the District Court to

districts) set out in the Sixth Schedule to this Act shall have effect.

33.—(1) There shall be vested in and transferred to the District Court—

(a) all jurisdiction which, by virtue of sections 77 and 78 of the Act of 1924, was,

immediately before the operative date, vested in or capable of being exercised by

the existing District Court,

(b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this

Act, was, immediately before the operative date, vested in or capable of being

exercised by the existing District Court.

(2) (a) In this subsection—

“the Act of 1890” means the Public Health Acts Amendment Act, 1890 , as applied

to Ireland by subsection (9) of section 12 of that Act and as amended by section 14

of the Act of 1935;

“the Act of 1935” means the Public Dance Halls Act, 1935 .

(b) Section 51 (which relates to music and dancing licences) of the Act of 1890 shall

have effect as if for the references therein to licensing justices there were

substituted references to the District Court.

the justice of the District Court for the time being assigned to the district where

there is situate the house, room, garden or other place in respect of which the

licence under section 51 of the Act of 1890 is sought.

(d) Subsections (2) and (3) of section 2 and section 9 of the Act of 1935 shall have

effect as if the references therein to a public dancing licence included references to

a licence under paragraph 2 of section 51 of the Act of 1890.

Jurisdiction to be

exercised

pursuant to rules

of court (District

Court).

Qualification for

appointment as

President of the

District Court and

assignment.

General powers of

President of the

District Court.

(3) The District Court shall have jurisdiction to hear and determine an action for wrongful

detention (including jurisdiction to make an order for the return of the goods claimed) where

the value of the goods claimed does not exceed £50.

(4) (a) The District Court shall have jurisdiction to hear and determine any action

commenced after the commencement of this Act which is founded on a credit-sale

agreement (within the meaning of the Hire-Purchase Acts, 1946 and 1960) where

the amount of the claim does not exceed one hundred pounds.

(b) Paragraph (a) of section 53 of the Act of 1936 shall not apply to an action—

(i) in which the defendant or one of the defendants ordinarily resides or carries on

any profession, business or occupation in the State, and

(ii) to which paragraph (a) of this subsection relates.

34.—The jurisdiction which is by virtue of this Act vested in or exercisable by the District

Court shall be exercised as regards pleading, practice and procedure generally, including

liability to costs, in the manner provided by rules of court made under section 91 of the Act

of 1924, as applied by section 48 of this Act.

Provisions relating to the President of the District Court and to the Dublin Metropolitan

District

35.—(1) (a) A justice of the District Court shall be qualified for appointment as President of

the District Court, provided however that a person who is a justice of the existing

District Court immediately before the operative date shall be qualified for

appointment as first President of the District Court.

(b) A person who is qualified for appointment as a justice of the District Court shall be

qualified for appointment as President of the District Court, other than as first

President thereof.

(2) The President of the District Court shall be permanently assigned by the Government to

the Dublin Metropolitan District.

(3) If the President of the District Court is unable to act during any period, then, during that

period, the senior of the justices permanently assigned to the Dublin Metropolitan District

shall have and exercise the powers of the President under this Act.

36.—(1) For ensuring the prompt and efficient discharge of the business of the District

Court in the several districts thereof, the President of the District Court shall have and

exercise the powers conferred on him by subsections (2), (3) and (4) of this section.

Abolition of

Divisions of Dublin

Metropolitan

Justices.

Principal Justices

of the Dublin

Metropolitan

District.

(2) (a) Where it appears to the President of the District Court that the conduct of a justice

of the District Court is prejudicial to the prompt and efficient discharge of the

business of that Court, he shall investigate the matter and may report the result of

the investigation to the Minister.

(b) In the course of an investigation under this subsection, the President shall consult

the justice concerned.

(3) (a) The President of the District Court may convene meetings of the justices of the

District Court for the purpose of discussing matters relating to the discharge of the

business of that Court, including, in particular, such matters as the avoidance of

undue divergences in the exercise by the justices of the jurisdiction of that Court

and the general level of fines and other penalties.

(b) Such meetings shall not be convened more frequently than twice in one year.

illness or any other unavoidable cause and, where a justice is unable to attend

such a meeting, he shall as soon as may be inform the President of the reason

therefor.

(4) The President of the District Court may, whenever he thinks fit, make recommendations

to the Minister in relation to the following matters:

(a) the number of justices of the District Court to be assigned to the Dublin Metropolitan

District;

(b) the places for holding the District Court in or for any district court area; and

than the area for the time being comprising the Dublin Metropolitan District.

37.—On and from the operative date, the three Divisions of the justices permanently

assigned to the Dublin Metropolitan District, being the Divisions formed by section 5

(repealed by this Act) of the Act of 1946, shall stand abolished.

38.—(1) Each person who was nominated under subsection (1) of section 6 (repealed by

this Act) of the Act of 1946 to be a Principal Justice of a Division of the Dublin Metropolitan

Justices and who is appointed under subsection (1) of section 29 of this Act to be a justice of

the District Court shall hold the office of Principal Justice of the Dublin Metropolitan District

(to which District such person shall be permanently assigned by the Government) and shall

hold that office so long as he holds the office of justice of the District Court.

Number of

justices of Dublin

Metropolitan

District.

Places at which

business of Dublin

Metropolitan

District is to be

transacted.

Number of sitting

days in each week

for justices

assigned to Dublin

Metropolitan

District.

Business of

District Court in

Dublin

Metropolitan

District.

(2) Where a person who holds the office of Principal Justice of the Dublin Metropolitan

District ceases to hold that office, that office, in so far as it was held by that person, shall

stand abolished.

39.—On the operative date, the Minister shall, after consultation with the President of the

District Court, determine the number of justices of the District Court to be permanently

assigned to the Dublin Metropolitan District and may from time to time, as he shall think fit,

after consultation with the said President, alter the number of justices to be so assigned to

that District.

40.—On the operative date, the Minister shall, after consultation with the President of the

District Court, appoint the places in the Dublin Metropolitan District for the transaction of

the business of the District Court in that District and may from time to time, as he shall think

fit, after consultation with the said President, alter the places so appointed.

41.—The Minister may from time to time, as he shall think fit, after consultation with the

President of the District Court, determine the number of days in each week on which the

justices of the District Court assigned to the Dublin Metropolitan District shall normally sit in

that District for the transaction of the business of the District Court.

42.—(1) The President of the District Court shall—

(a) arrange for the distribution of the business of the District Court in the Dublin

Metropolitan District amongst the several justices of the District Court assigned to

that District, and

(b) determine the class or classes of business to be transacted in each of the several

places appointed by the Minister under section 40 of this Act for the transaction of

the business of the District Court in the Dublin Metropolitan District and the days

and hours at which such class or classes of business shall be transacted in the

several places so appointed.

(2) Before arranging for the distribution of any business under paragraph (a) of subsection

(1) of this section, the President shall consult with any Principal Justice of the Dublin

Metropolitan District.

Restriction of 43.—Before exercising the power conferred on him by paragraph (f) of subsection (1) of

section 26 of Act section 26 of the Act of 1953, as applied by section 48 of this Act, the Minister shall consult

of 1953. the President of the District Court.

Ex officio

members of

District Court

Rules Committee.

Administration of

justice otherwise

than in public.

Provisions in

relation to

remuneration and

pensions of judges

and justices.

44.—The ex officio members of the District Court Rules Committee established by section

71 of the Act of 1936, as applied by section 48 of this Act, shall be the President of the District

Court (who shall be chairman of the Committee) and such one of the district court clerks of

the Dublin Metropolitan District as the Minister shall nominate in that behalf, who shall be

secretary of the Committee.

PART V

Miscellaneous Provisions

45.—(1) Justice may be administered otherwise than in public in any of the following cases:

(a) applications of an urgent nature for relief by way of habeas corpus, bail, prohibition

or injunction;

(b) matrimonial causes and matters;

(d) proceedings involving the disclosure of a secret manufacturing process;

(2) The cases prescribed by subsection (1) of this section shall be in addition to any other

cases prescribed by any Act of the Oireachtas.

(3) Any provision contained in any statute of the Parliament of the former United Kingdom

or of the Oireachtas of Saorstát Éireann which provided for the administration of justice

otherwise than in public and which is not in force solely by reason of its being inconsistent

with the provisions of the Constitution of Saorstát Éireann or the Constitution, as the case

may be, shall have full force and effect.

46.—(1) There shall be paid to the several judges of the Supreme Court and of the High

Court the following remuneration—

(a) to the Chief Justice the sum of £5,335 a year,

(b) to the President of the High Court and to each of the ordinary judges of the Supreme

Court the sum of £4,070 a year,

(2) There shall be paid to the several judges of the Circuit Court the following

remuneration—

(a) to the President of the Circuit Court the sum of £3,575 a year,

(b) to each of the ordinary judges of the Circuit Court the sum of £2,835 a year.

(3) There shall be paid to the several justices of the District Court the following

remuneration—

(a) to the President of the District Court the sum of £2,500 a year,

(b) to each Principal Justice of the Dublin Metropolitan District the sum of £2,215 a year,

assigned to the Dublin Metropolitan District the sum of £2,070 a year,

(d) to the justice of the District Court who is for the time being permanently assigned to

the district court district which comprises or includes the County Borough of Cork

the sum of £2,070 a year,

(e) to each other justice of the District Court the sum of £1,925 a year.

(4) There shall be charged on and payable out of the Central Fund or the growing produce

thereof—

(a) the remuneration payable under this Act to a judge of the Supreme Court, the High

Court or the Circuit Court or a justice of the District Court, and

(b) the pension payable under this Act to a judge of the Supreme Court, the High Court,

the Circuit Court or a justice of the District Court, and

justice of the District Court to whom paragraph 9 of the Second Schedule to this

Act applies, and

(d) the gratuity payable under this Act in respect of a justice of the District Court to

whom paragraph 9 of the Second Schedule to this Act applies.

(5) Not more than one pension shall be payable under this Act to the same person.

(6) Where a person in receipt of a pension under this Act is employed in a situation

remunerated out of moneys provided by the Oireachtas or out of the Central Fund, then—

(a) such pension shall not be payable in respect of any period during which the

remuneration of such person in such situation is equal to or greater than his

remuneration in the judicial office in respect of which he is entitled to such

pension, and

Interest on

judgment debts.

Application of

enactments

relating to existing

courts and judges

and officers

thereof, and rules

of court.

(b) so much only of such pension shall be payable in respect of any period during which

the remuneration of such person in such situation is less than his remuneration in

the said judicial office as with his remuneration in such situation will amount to his

remuneration in the said judicial office.

(7) In the application of subsection (5) of this section to a justice of the District Court to

whom paragraph 9 of the Second Schedule to this Act applies, references to a pension shall

be construed as references to a superannuation allowance and to an additional allowance.

(8) In the application of subsection (6) of this section to a justice of the District Court to

whom paragraph 9 of the Second Schedule to this Act applies, references to a pension shall

be construed as references to a superannuation allowance.

47.—(1) Every judgment debt due upon a judgment of the Circuit Court obtained on or

after the operative date shall be deemed a judgment debt within the meaning of section 26

(which provides that judgment debts are to carry interest) of the Debtors (Ireland) Act, 1840 .

(2) Section 26 of the Debtors (Ireland) Act, 1840 , and the said section 26, as extended by

subsection (1) of this section, shall apply to a judgment debt due to or from a State authority.

48.—(1) (a) Subject to paragraph (b) of this subsection, this section applies to the following

enactments—

(i) any enactment contained in the Courts of Justice Acts, 1924 to 1961, the Court

Officers Acts, 1926 to 1961, or the Criminal Justice Act, 1951 ,

(ii) any other enactment wherein there is a reference to a court established by the

Act of 1924 or to a judge or officer thereof,

(iii) any instrument (other than rules of court) which is in force immediately before

the operative date and was made under any enactment referred to in

subparagraph (i) or (ii) of this paragraph.

(b) This section does not apply to—

(i) any enactment which has been repealed before the operative date or which is

repealed by this Act, or

(ii) subsection (2) of section 19 and sections 77 and 78 of the Act of 1924.

(2) In the application of this section in relation to the existing District Court and the District

Court a reference to a judge shall be construed as a reference to a justice thereof.

(3) Every enactment to which this section applies shall apply to the courts established by

the Principal Act and to the judges and officers thereof as if it were enacted in this Act, with

and subject to—

(a) the modifications specified in subsection (5) of this section,

(b) such adaptations and other modifications as may be made by the Minister under

subsection (6) of this section.

(4) Rules of court made under the enactments to which this section applies and in force

immediately before the operative date shall be deemed to have been made under those

enactments, as applied by subsection (3) of this section, and shall have effect accordingly,

but with and subject to the modifications specified in subsection (5) of this section, and any

such rules of court may be altered or annulled as if they had been made under those

enactments as so applied.

(5) The following are the modifications referred to in paragraph (a) of subsection (3) and in

subsection (4) of this section—

(a) a reference to the court mentioned in column (2) of Part I of the Seventh Schedule to

this Act at a particular reference number shall be construed as a reference to the

court mentioned in column (3) of the said Part I at that reference number,

(b) a reference to a judge of the court mentioned in column (2) of the said Part I at a

particular reference number shall be construed as a reference to a judge of the

court mentioned in column (3) of the said Part I at that reference number, and

this Act at a particular reference number shall be construed as a reference to the

judge mentioned in column (3) of the said Part II at that reference number.

(6) (a) The Minister may from time to time by order make such adaptations or

modifications (not inconsistent with the modifications effected by subsection (5) of

this section) in or of any enactment to which this section applies as are, in his

opinion, necessary and proper in order to give effect to the provisions of this Act.

(b) Every order made by the Minister under paragraph (a) of this subsection shall,

where the order so provides, have and be deemed always to have had effect as on

and from the operative date.

(7) “This Act” where it occurs in any enactment applied by this section shall, unless the

context otherwise requires, be construed as referring to the Act which includes that

enactment.

(8) Subsection (1) of section 51 of the Act of 1936, as applied by this section, shall have

effect as if “ten years' standing” were substituted for “six years' standing”.

Act.

1961.”

Preservation of

continuity of

administration

and enforcement

of justice.

subsection (2) “or under section 58 of the Courts (Supplemental Provisions) Act,

(b) The reference in subsections (2), (4) and (5) of section 4 of the Act of 1961 to the

Court Officers Acts, 1926 to 1951, shall be deemed to include a reference to this

(10) (a) Paragraph (a) of subsection (1) of section 2 of the Act of 1961 shall not be taken to

refer to a person who, immediately before the passing of the Act of 1961, was a

judge of the existing Supreme Court, High Court or Circuit Court or a justice of the

existing District Court and is appointed a judge on the operative date.

(d) In this subsection “the Act of 1961” means the Courts of Justice and Court Officers

(Superannuation) Act, 1961 .

(9) Subsection (1) of section 27 of the Act of 1953, as applied by this section, shall have

effect as if for the reference therein to section 11 (repealed by this Act) of the Act of 1946

there were substituted a reference to section 40 of this Act.

49.—(1) The continuity of the administration and enforcement of justice shall not be

interrupted by the coming into operation of the Principal Act or this Act.

(2) Without prejudice to the generality of subsection (1) of this section—

(a) any act done or proceedings taken before the operative date in respect of any cause

or matter in the court mentioned in column (2) of Part I of the Seventh Schedule to

this Act at a particular reference number shall be deemed to have been done or

taken respectively in the court mentioned in column (3) of the said Part I at that

reference number,

(b) any act done or proceedings taken before the operative date in respect of any cause

or matter before the judge mentioned in column (2) of Part II of the Seventh

Schedule to this Act at a particular reference number (being reference number 1 or

2) shall be deemed to have been done in that cause or matter before the judge

mentioned in column (3) of the said Part II at that reference number,

or matter before the existing Cork Circuit Court Judge exercising jurisdiction in

admiralty shall be deemed to have been done or taken in the Cork Local Admiralty

Court,

Appeals from

District Court in

criminal cases

against sentence

only.

Extension of

section 2 of the

Summary

Jurisdiction Act,

1857.

(d) any act done or proceedings taken before the operative date in respect of any cause

or matter before the existing Cork Circuit Court Judge exercising jurisdiction in

bankruptcy shall be deemed to have been done or taken in the Cork Local

Bankruptcy Court.

(3) In subsection (2) of this section “the existing Cork Circuit Court Judge” means the judge

of the existing Circuit Court for the circuit of the existing Circuit Court consisting of the

county and county borough of Cork.

50.—Where—

(a) an order is made in a criminal case by a justice of the District Court convicting a

person and sentencing him to pay a penal or other sum or to do anything at any

expense or to undergo a term of imprisonment or to be detained in Saint Patrick's

Institution, and

(b) an appeal is taken against the order, and

(i) the notice of appeal states that the appeal is against so much only of the order as

relates to the sentence, or

(ii) the appellant, on the hearing of the appeal, indicates that he desires to appeal

against so much only of the order as relates to the sentence,

then, notwithstanding any rule of law, the Circuit Court shall not, on the hearing of the

appeal, re-hear the case except to such extent as shall be necessary to enable the court to

adjudicate on the question of sentence.

51.—(1) Section 2 of the Summary Jurisdiction Act, 1857 , is hereby extended so as to

enable any party to any proceedings whatsoever heard and determined by a justice of the

District Court (other than proceedings relating to an indictable offence which was not dealt

with summarily by the court) if dissatisfied with such determination as being erroneous on a

point of law, to apply in writing within fourteen days after such determination to the said

justice to state and sign a case setting forth the facts and the grounds of such determination

for the opinion thereon of the High Court.

(2) Upon the making of an application under section 2 of the Summary Jurisdiction Act,

1857 , as extended by subsection (1) of this section, for a case stated, the determination in

respect of which the application is made shall be suspended—

Case stated for

High Court on

question of law.

Application of

section 26 of Hire-

Purchase

(Amendment) Act,

1960.

Jurisdiction to

bind to the peace

or to good

behaviour.

(a) where the justice of the District Court to whom the application is made grants the

application, until the case stated has been heard and determined, and

(b) where he refuses to grant the application, until he so refuses.

(3) The references in sections 6 , 8 , 9 , 10 and 14 of the Summary Jurisdiction Act, 1857 , to

that Act shall be construed as references to that Act as extended by subsection (1) of this

section.

(4) In section 2 of the Summary Jurisdiction Act, 1857 , and in this section, “party” means

any person who was entitled to be heard and was heard in the proceedings in which the

determination in respect of which an application for a case stated is made was given.

52.—(1) A justice of the District Court shall, if requested by any person who has been

heard in any proceedings whatsoever before him (other than proceedings relating to an

indictable offence which is not being dealt with summarily by the court) unless he consider

the request frivolous, and may (without request) refer any question of law arising in such

proceedings to the High Court for determination.

(2) An appeal shall lie by leave of the High Court to the Supreme Court from every

determination of the High Court on a question of law referred to the High Court under

subsection (1) of this section.

53.— Section 26 of the Hire-Purchase (Amendment) Act, 1960 , shall apply to any action

pending in the High Court which is founded on a credit-sale agreement (within the meaning

of the Hire-Purchase Acts, 1946 and 1960).

54.—The jurisdiction formerly exercisable by justices of the peace to make an order

binding a person to the peace or to good behaviour or to both the peace and good

behaviour and requiring him to enter into a recognizance in that behalf may be exercised by

—

(a) a judge of the Supreme Court or the High Court, or

(b) a judge of the Circuit Court within the circuit to which he is for the time being

assigned, or

assigned.

Offices and

officers, etc. under

Court Officers

Acts, 1926 to

1951.

55.—(1) The provisions set out in the Eighth Schedule to this Act shall apply in relation to

offices and officers to be attached to the High Court, the Supreme Court and the President of

the High Court respectively.

(2) (a) Every Circuit Court office shall become and be attached to the Circuit Court.

(b) Every county registrar shall become and be attached to the Circuit Court.

section 10 of the Act of 1945 before the operative date shall, if it is in force

immediately before the operative date, continue in force and be deemed to have

been made under the said section 10, as applied by section 48 of this Act.

(3) (a) Every district court clerk shall become and be attached to the District Court.

(b) Every assignment of a district court clerk made under section 48 of the Act of 1926

before the operative date shall, if it is in force immediately before the operative

date, continue in force and be deemed to have been made under the said section

48 as applied by section 48 of this Act.

(4) Any requisition made under section 9 of the Act of 1945 before the operative date shall,

if it is in force immediately before the operative date, continue in force and be deemed to

have been made under the said section 9, as applied by section 48 of this Act.

(5) Any appointment made under section 4 (which relates to deputies for district court

clerks) of the Court Officers Act, 1951 , before the operative date shall, if it is not terminated

before the operative date, be deemed to have been made under the said section 4, as

applied by section 48 of this Act.

(6) The following provisions shall apply to any person who, immediately before the

operative date, holds any office, employment or position under the Court Officers Acts, 1926

to 1951—

(a) he shall continue to hold his office, employment or position as if this Act had not

been passed,

(b) nothing in this Act shall affect the terms and conditions on and subject to which he

held his office, employment or position immediately before the operative date.

(7) The business to be transacted in the Circuit Court office for the circuit consisting of the

county and county borough of Cork, pursuant to section 37 of the Act of 1926, shall include

the business of the Cork Local Admiralty Court and the Cork Local Bankruptcy Court, and

section 65 of the Act of 1936 (which relates to the prescribing of court fees) shall have effect

accordingly.

Power to continue

county registrars

in office after

reaching age of

sixty-five years.

56.—(1) (a) In this section “the Committee” means a committee consisting of—

(i) the Chief Justice,

(ii) the President of the High Court, and

(iii) the Attorney General.

(b) The Committee may act by a majority of its members and a warrant under this

section shall be sufficiently authenticated if signed by two members of the

Committee.

(2) Where—

(a) a county registrar is about to reach the age of sixty-five years, and

(b) he satisfies the Committee that he is not suffering from any disability which would

render him unfit to discharge efficiently the duties of his office,

the Committee may, if they so think proper after consultation with the Minister, by warrant

made before such county registrar attains the said age, continue him in office for one year

commencing on the date on which he will attain the said age.

(3) Where—

(a) a county registrar to whom a warrant under subsection (2) of this section or under

this subsection relates, or to whom a warrant under this subsection is deemed to

relate, is about to reach the age of (as the case may be) sixty-six, sixty-seven, sixty-

eight or sixty-nine years, and

(b) he satisfies the Committee that he is not suffering from any disability which would

render him unfit to continue to discharge efficiently the duties of his office,

the Committee may, if they so think proper after consultation with the Minister, by warrant

made before such county registrar attains the said age, continue him in office for one year

commencing on the date on which he will attain the said age.

(4) Where, immediately before the operative date, there is a county registrar whose age of

retirement was extended under subsection (6) of section 35 of the Act of 1926, such county

registrar shall be deemed to have been continued in office by warrant under subsection (3)

of this section and to be a county registrar to whom that subsection relates.

(5) The provisions of this section shall have effect notwithstanding anything contained in

subsection (6) of section 35 of the Act of 1926.

Pension of Master

of the High Court,

Taxing-Master and

county registrar.

57.—(1) Where—

(a) a person who holds the office of Master of the High Court, Taxing-Master or county

registrar ceases to hold that office (otherwise than on being removed from that

office by the Government on the ground of misconduct or inefficiency) either after

attaining the age of sixty-five years or upon medical certificate that he is incapable,

from infirmity of mind or body, of discharging the duties of that office and that the

infirmity is likely to be permanent, and

(b) he has completed five or more years of continuous service in one or more of the said

offices

he shall, subject to the provisions of this section, be eligible for a pension consisting of—

(i) if he has completed twenty or more years of such service, two-thirds of the

annual remuneration in respect of the office which he ceases to hold, or

(ii) if he has not completed twenty years of such service, one-sixth of the annual

remuneration in respect of the office which he ceases to hold together with

one-thirtieth of that remuneration for each (if any) completed year of such

service in excess of five.

(2) Where a person in receipt of a pension under this section is employed in a situation

remunerated out of moneys provided by the Oireachtas, then

(a) the pension shall not be payable in respect of any period during which his

remuneration in respect of such situation is equal to or greater than the

remuneration by reference to which the pension was computed, and

(b) so much only of the pension shall be payable in respect of any period during which

his remuneration in respect of such situation is less than the remuneration by

reference to which the pension was computed as with his remuneration in respect

of such situation will amount to the remuneration by reference to which the

pension was computed.

(3) A reference in this section to service of any person shall be construed as a reference to

service of such person in respect of which he was remunerated, exclusive of any period

during which he was absent on account of illness and was remunerated at a rate determined

by reference to the rate which would be appropriate if he were on pension.

(4) Pensions under this section may be granted by the Minister for Finance.

Special provisions

for person who,

on the operative

date, holds the

office of Master of

the High Court,

Taxing-Master or

county registrar.

Officers of Cork

Local Admiralty

Court and Cork

Local Bankruptcy

Court.

58.—(1) Notwithstanding the terms of section 57 of this Act, that section shall not apply in

relation to a person who, on the operative date, holds the office of Master of the High Court,

Taxing-Master or county registrar unless and until he elects under this section to accept the

provisions of the said section 57.

(2) A person who, on the operative date, holds the office of Master of the High Court,

Taxing-Master or county registrar may, by notice in writing sent to the Minister before the

expiration of three months after the operative date, elect to accept the provisions of section

57 of this Act.

(3) Notwithstanding the repeal by this Act of sections 4 and 5 of the Act of 1945—

(a) those sections shall continue to have effect in relation to a person who, at the passing

of the Act of 1945, held the office of Taxing-Master or county registrar and holds

such office on the operative date, unless and until such person elects under this

section to accept the terms of section 57 of this Act;

(b) section 4 shall continue to have effect in relation to a person who was appointed to

the office of Master of the High Court, Taxing-Master or county registrar after the

passing of the Act of 1945 and holds such office on the operative date, unless and

until such person elects under this section to accept the terms of section 57 of this

Act.

59.—(1) In this section—

“the existing Cork Circuit Court Judge” means the judge of the existing Circuit Court for the

circuit of the existing Circuit Court consisting of the county and county borough of Cork;

“the Cork County Registrar” means the county registrar for the county and county borough of

Cork.

(2) (a) In this subsection “the Court” means the Cork Local Admiralty Court constituted by

subsection (2) of section 23 of this Act.

(b) There shall be attached to the Court the following officers—

(i) a registrar,

(ii) a marshal.

(d) The marshal of the Court shall be appointed by the Minister and shall hold office

on such terms and conditions as the Minister, with the sanction of the Minister for

Finance, shall determine.

(e) The authorities, powers, duties and functions of the registrar of the Court shall

correspond with those conferred or imposed by statute or rule of court on the

officer attached to the High Court who is acting as Admiralty Registrar of the High

Court.

(f) The authorities, powers, duties and functions of the marshal of the Court shall

correspond with those conferred or imposed by statute or rule of court on the

officer attached to the High Court who is acting as Admiralty Marshal of the High

Court.

(g) The person (if any) who, immediately before the operative date, held the office of

or acted as marshal for the purposes of the jurisdiction in admiralty exercised,

immediately before the operative date, by the existing Cork Circuit Court Judge

shall, by virtue of this paragraph, become and be marshal of the Court and shall

hold that office upon the terms and conditions upon which, immediately before

the operative date, he held such first-mentioned office.

(3) (a) In this subsection, “the Court” means the Cork Local Bankruptcy Court constituted by

subsection (3) of section 23 of this Act.

(b) There shall be attached to the Court the following officers—

(i) a registrar,

(ii) an official assignee,

(iii) a messenger,

(iv) such other officers (if any) as the Minister, with the concurrence of the Minister

for Finance, shall determine.

(d) Each officer of the Court (other than the registrar of the Court) shall be appointed by

the Minister and shall hold office on such terms and conditions as the Minister,

with the sanction of the Minister for Finance, shall determine.

(e) The authorities, powers, duties and functions of the registrar of the Court shall

correspond with those conferred or imposed on one of the Examiners or the

Examiner (where there is only one Examiner) by subparagraph (2) of paragraph 11

of the Eighth Schedule to this Act.

Right of audience

of solicitors in

Circuit Court, Cork

Local Admiralty

Court and Cork

Local Bankruptcy

Court.

Solicitors and

commissioners for

oaths.

(f) The authorities, powers, duties and functions of the official assignee of the Court

shall correspond with those conferred or imposed by statute or rule of court on

the Official Assignee in Bankruptcy.

(g) All such and the like property, estate and effects as would vest in the Official

Assignee in Bankruptcy in the case of proceedings instituted in the High Court shall

vest in the official assignee of the Court where proceedings are instituted in the

Court, and the enactments regulating and affecting the vesting of any of such

property, estate and effects in the Official Assignee in Bankruptcy and the divesting

thereof shall also regulate and affect the vesting of the same in the official assignee

of the Court and the divesting thereof.

(h) The person (if any) who, immediately before the operative date, held the office of

or acted as official assignee for the purposes of the jurisdiction in bankruptcy

exercised immediately before the operative date by the existing Cork Circuit Court

Judge shall, by virtue of this paragraph, become and be official assignee of the

Court and shall hold that office upon the terms and conditions upon which,

immediately before the operative date, he held such first-mentioned office.

(i) The rights, powers, duties and obligations of the messenger of the Court shall

correspond with those conferred or imposed by statute or rule of court on the

messenger attached to the Office of the Official Assignee in Bankruptcy.

(4) In section 9 of the Act of 1945, as applied by section 48 of this Act, the references to a

court shall be construed as including references to the Cork Local Admiralty Court and the

Cork Local Bankruptcy Court.

60.—A solicitor who is acting generally for a party in an action, suit, matter or criminal

proceedings in the Circuit Court, the Cork Local Admiralty Court or the Cork Local Bankruptcy

Court and a solicitor qualified to practise (within the meaning of the Solicitors Act, 1954 ) who

is acting as his assistant shall have a right of audience in such Court.

61.—All persons who, immediately before the operative date, were solicitors of the courts

mentioned in column (2) of Part I of the Seventh Schedule to this Act and all persons who,

immediately before the operative date, were commissioners to administer oaths shall on the

operative date become respectively solicitors of the courts mentioned in column (3) of the

said Part I and commissioners to administer oaths.

FIRST SCHEDULE

Enactments Repealed

Section 3.

Session and Chapter or Number Short Title Extent of Repeal

and Year

(1) (2) (3)

5 & 6 Vic. c. 24. Dublin Police Act, 1842 . Section 68.

43 & 44 Vic. c. 39. Lunacy (Ireland) Act, 1880. The whole Act.

6 Edw. 7. c. 37. Labourers (Ireland) Act, 1906. In subsection (1) of section 31, all words

from “and the Local Government Board”

to the end of the subsection.

No. 10 of 1924. Courts of Justice Act, 1924 . Section 2; in section 3, the definition of

“Central Criminal Court”; sections 4, 5, 6,

7, 8, 11, 13, 14, 16, 17 and 18;

subsections (1) and (3) of section 19; in

section 20, the words “From and after

the commencement of this Act”; sections

21 and 22; in section 27, the words

“From and after the commencement of

this Act”; sections 30, 37, 41, 43, 45, 46,

47, 48, 49, 50, 51, 52, 53, 55, 56 and 57;

in section 60, all words from “Any

judgment” to the end of the section;

sections 67, 69, 70 and 74; in section 78,

all words from “and the provisions” to

the end of the section; sections 82, 83,

89, 93, 98, 99, 100, 102, 103 and 104; the

Schedule.

No. 1 of 1926. Courts of Justice Act, 1926 . Sections 2, 3, 4 and 7.

No. 27 of 1926. Court Officers Act, 1926 . Subsection (2) of section 1; in section 2, the

definitions of “the Chief Justice” and

“court” subsections (1) and (2) of section

3; in subsection (6) of section 3, the

words from “but such age”to the end of

the subsection; sections 4, 5, 6, 7, 10, 11,

13, 14, 19, 20, 21, 22, 25 and 26; in

subsection (1) of section 28, the words

“the Central Office and”; subsection (2) of

section 28; section 30; in subsection (6)

of section 35, from the words “but such

age” to the end of the subsection; in

subsection (1) of section 38, the words

“or, where a local bankruptcy court

formerly existed, the registrar, or any

other officer of that court except the

official assignee”; sections 45, 49 and 50;

in subsection (1) of section 51, the words

“after the appointed day” subsection (2)

of section 51; section 55; subsection (4)

of section 59; section 62; subsections (1),

(2), (3), (4) and (6) of section 63; section

64.

No. 29 of 1927. Courts of Justice Act, 1927 . The whole Act.

No. 15 of 1928. Courts of Justice Act, 1928 . In subsection (1) of section 1, the definition

of “the Chief Justice” subsection (2) of

section 1; sections 2, 3, 4, 8, 9 , 13, 14, 15

and 22; the Schedule.

No. 35 of 1928. Courts of Justice (No.2) Act, 1928 The whole Act.

No. 40 of 1931. Courts of Justice (No.2) Act, 1931 The whole Act.

No. 48 of 1936. Courts of Justice Act, 1936 . Sections 3, 4, 5 and 6; subsection (1) of

section 7; sections 8, 9, 15, 17, 18, 19, 25,

26, 27 and 28; in subsection (3) of section

31, the words “, on the commencement

of this Part of this Act,” and “, as on and

from such commencement,”; subsection

(1) of section 33; in subsection (2) of

section 33, the words “At any time after

the commencement of this Part of this

Act,”; sections 45, 48 and 50; subsections

(2) and (4) of section 51; sections 54 and

56; paragraph (c) of subsection (3) of

section 64; the First Schedule.

No. 25 of 1945. Court Officers Act, 1945 . Sections 2, 3, 4, 5, 7 and 8.

No. 21 of 1946. Courts of Justice (District Court)

Act, 1946 .

In section 2, all definitions except the

definitions of “Justice”and “the Minister”

sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,

14, 15, 17, 18, 19 and 22; the Schedule.

No. 20 of 1947. Courts of Justice Act, 1947 . Sections 2, 4, 5, 6, 7 and 8; subsections (1)

and (2) of section 9; in subsection (3) of

section 9, the words “shall be appointed

from amongst the Circuit Judges by the

President acting on the advice of the

Government and” subsection (4) of

section 9; sections 13, 14, 15, 17, 18 and

20; the Schedule.

No. 8 of 1949. Courts of Justice (District Court)

Act, 1949 .

Sections 3 and 4; the Schedule.

No. 2 of 1951. Criminal Justice Act, 1951 . Sections 19 and 26; the Second Schedule.

No. 32 of 1953. Courts of Justice Act, 1953 . Sections 3, 4, 6, 7, 8, 9, 10, 11, 16, 17 and

18; subsection (1) of section 19; sections

20, 21, 22, 23, 24, 25 and 32; the

Schedule.

No. 35 of 1959. Courts of Justice Act, 1959 . The whole Act.

No. 15 of 1960. Hire-Purchase (Amendment) Act,Paragraph (a) of subsection (1) of section

1960 . 19; paragraph (a) of subsection (2) of

section 19.

SECOND SCHEDULE

Pensions of Judges of Courts Established by the Principal Act

Sections 6 , 19 and 31.

Part I

Pensions of Judges of Supreme Court and High Court

1. In this Part “service” means service as a judge of the Supreme Court, the High Court, the

Circuit Court, the existing Supreme Court, the existing High Court or the existing Circuit

Court.

2. (1) This paragraph applies to a judge of the Supreme Court or the High Court who—

(a) was appointed a judge of the existing Supreme Court or the existing High Court after

the passing of the Act of 1953, or

(b) never held office as a judge of the existing Supreme Court or the existing High Court.

(2) There shall be granted to a judge of the Supreme Court or the High Court to whom this

paragraph applies and who, having reached the age of sixty-five years, vacates his office

after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at

the time of such vacation of office.

(3) There shall be granted to a judge of the Supreme Court or the High Court to whom this

paragraph applies and who, owing to age or permanent infirmity, vacates his office after five

years' service or upwards a pension for life of one-sixth of his remuneration at the time of

such vacation of office with the addition of one-twentieth of such remuneration for every

completed year of service in excess of five, subject to a maximum pension of two-thirds of

such remuneration.

3. (1) This paragraph applies to a judge of the Supreme Court or the High Court who held

office as a judge of the existing Supreme Court or the existing High Court on the passing of

the Act of 1953.

(2) There shall be granted to a judge of the Supreme Court or the High Court to whom this

paragraph applies and who vacates his office after fifteen years' service or upwards a

pension for life of two-thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a judge of the Supreme Court or the High Court to whom this

paragraph applies and who, owing to age or permanent infirmity, vacates his office after five

years' service or upwards and less than fifteen years' service a pension for life of one-sixth of

his remuneration at the time of such vacation of office with the addition of one-twentieth of

such remuneration for every completed year of service in excess of five.

Part II

Pensions of Judges of Circuit Court

4. In this Part “service” means service as a judge of the Circuit Court or the existing Circuit

Court or as a justice of the District Court or the existing District Court.

5. (1) This paragraph applies to a judge of the Circuit Court who—

(a) was appointed a judge of the existing Circuit Court after the passing of the Act of

1953, or

(b) never held office as a judge of the existing Circuit Court.

(2) There shall be granted to a judge of the Circuit Court to whom this paragraph applies

and who, having reached the age of sixty-five years, vacates his office after fifteen years'

service or upwards a pension for life of two-thirds of his remuneration at the time of such

vacation of office.

(3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies

and who, owing to age or permanent infirmity, vacates his office after five years' service or

upwards a pension for life of one-sixth of his remuneration at the time of such vacation of

office with the addition of one-twentieth of such remuneration for every completed year of

service in excess of five, subject to a maximum pension of two-thirds of such remuneration.

6. (1) This paragraph applies to a judge of the Circuit Court who held office as a judge of

the existing Circuit Court on the passing of the Act of 1953.

(2) There shall be granted to a judge of the Circuit Court to whom this paragraph applies

and who vacates his office after fifteen years' service or upwards a pension for life of two-

thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies

and who, owing to age or permanent infirmity, vacates his office after five years' service or

upwards and less than fifteen years' service a pension for life of one-sixth of his

remuneration at the time of such vacation of office with the addition of one-twentieth of

such remuneration for every completed year of service in excess of five.

Part III

Pensions of Justices of District Court

7. In this Part—

“justice”, where used without qualification, means a justice of the District Court;

“service”, in relation to a justice, means any service by him, being—

(a) service as a District Justice under the District Justices (Temporary Provisions) Act, 1923

(b) service as a justice of the existing District Court,

1928 , of the existing District Court, or

(d) service as a justice;

“the Superannuation Acts” means the Superannuation Act, 1834 , as amended and extended

by subsequent enactments, other than the Superannuation Act, 1956 .

8. (1) This paragraph applies to a justice who—

(a) was appointed a justice of the existing District Court on or after the passing of the Act

of 1936, or

(b) never held office as a justice of the existing District Court.

(2) There shall be granted to a justice to whom this paragraph applies and who, having

reached the age of sixty-five years, vacates his office after twenty years' service or upwards a

pension for life of two-thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a justice to whom this paragraph applies and who, owing to

age or permanent infirmity, vacates his office after five years' service or upwards a pension

for life of one-sixth of his remuneration at the time of such vacation of office with the

addition of one-thirtieth of such remuneration for every completed year of service in excess

of five, subject to a maximum pension of two-thirds of such remuneration.

9. (1) This paragraph applies to a justice who held office as a justice of the existing District

Court on the passing of the Act of 1936.

(2) Unless and until he makes the election provided for in subparagraph (3) of this

paragraph, the following provisions shall apply to a justice to whom this paragraph applies,

namely, his office shall be a pensionable office within the meaning of the Superannuation

Acts, and the superannuation allowance, additional allowance or gratuity granted to or in

respect of him on the vacation of his office shall be ascertained in the manner and subject to

the conditions prescribed by those Acts, and a certificate by the Chief Justice shall be a

sufficient certificate for the purposes of section 8 of the Superannuation Act, 1859 .

(3) A justice to whom this paragraph applies may, by notice in writing sent to the Minister

for Finance at any time before he vacates his office, elect to accept the pension terms

provided by this subparagraph, and in that case the following provisions shall apply to him—

(a) there shall be granted to him, if he vacates his office after thirty years' service or

upwards, a pension for life of two-thirds of his remuneration at the time of such

vacation of office;

(b) there shall be granted to him, if, owing to age or permanent infirmity, he vacates his

office after ten years' service or upwards and less than thirty years' service, a

pension for life of one-sixth of his remuneration at the time of such vacation of

office with the addition of one-fortieth of such remuneration for every completed

year of service in excess of ten.

10. Where—

(a) a justice, having completed ten years' service or upwards, vacates his office with the

consent of the Government, and

(b) such justice is not entitled under paragraphs 8 or 9 of this Schedule to a pension in

respect of his service,

he shall be entitled to a pension for life of one-sixth of his remuneration at the time of such

vacation of office with the addition of one-fortieth of such remuneration for every completed

year of service in excess of ten, subject to a maximum pension of two-thirds of such

remuneration.

THIRD SCHEDULE

Civil Proceedings In Respect Of Which The Jurisdiction Of The High Court Is, With Quantitative

Limitations, Conferred On The Circuit Court, And Judges Of The Circuit Court By Whom The

Jurisdiction Is To Be Exercised

Section 22 (1) .

Ref.No Civil proceedings in respect of Exclusion of jurisdiction (except Judge of Circuit Court by whom

which jurisdiction is conferred by consent of necessary parties) jurisdiction is to be exercised

on the Circuit Court in certain cases

(1) (2) (3) (4)

1. An action (other than an action Where the amount of the claim At the election of the plaintiff

of the kind specified in exceeds £600. (whether the claim be to

column (2) of this Schedule at enforce, rescind, dissolve or

reference number 3, 4 or 5) annul the contract or for

founded on contract or quasi- damages or other relief for

contract. the breach thereof)—

2. An action (other than an action Where the amount of the

of the kind specified in balance claimed exceeds

(a) the judge of the circuit

within which the

column (2) of this Schedule at £600. contract was made, or

reference number 3, 4 or 5)

founded on contract where

the debt or demand claimed

consists of a balance after a

set-off of any debt or demand

claimed or recoverable by the

(b) the judge of the circuit

where the defendant or

one of the defendants

resides or carries on

business.

defendant from the plaintiff,

being a set-off admitted by

the plaintiff in the particulars

of his claim or demand.

3. An action by the owner of goods Where the hire-purchase price

let under a hire-purchase (within the meaning of the

In case the defendant or one of

the defendants ordinarily

agreement (within the said Acts) exceeds £l,000. resides or carries on business

meaning of the Hire - Where the amount of the claim Purchase Acts, 1946 and exceeds £1,000. 1960) to enforce a right to

in the State—the judge of the

circuit where the defendant

or one of the defendants

recover possession of the resides or carries on

goods from the hirer. business.

4. An action by the owner of goods

let under a hire-purchase

In any other case—the judge of

the circuit within which the

agreement (within the hire-purchase agreement was

meaning of the Hire - made.

Purchase Acts, 1946 and

1960) to enforce payment of a

sum due under the hire-

purchase agreement or under

any contract of guarantee

relating thereto.

5. An action commenced after the

commencement of the Act

founded on a credit-sale

agree ment (within the

meaning of the Hire-Purchase

Acts, 1946 and 1960).

An action (other than an action6. for wrongful detention or

matrimonial proceedings)

founded on tort (other than

criminal conversation with a

man's wife).

An action for wrongful7. detention.

An action in which the title to8. land comes into question,

other than an action of

ejectment.

Where the amount of the claim

exceeds £1,000.

Where the amount of the claim

exceeds £600.

Where the value of the goods

claimed exceeds £600.

Where the rateable valuation of

the land exceeds £60.

In case the defendant or one of

the defendants ordinarily

resides or carries on business

in the State—the judge of the

circuit where the defendant

or one of the defendants

resides or carries on

business.

In any other case—the judge of

the circuit within which the

credit-sale agreement was

made.

At the election of the plaintiff—

(a) the judge of the circuit

where the tort is alleged

to have been committed,

(b) the judge of the circuit

where the defendant or

one of the defendants

resides or carries on

business.

The judge of the circuit where

the land or any part of the

land is situate.

9. An action of ejectment other

than—

(a) an action under

section 82 of the Civil

Bill Courts (Ireland)

Act, 1851 , or under

section 78 of 80 of

the Landlord and

Tenant Law

Amendment Act,

Ireland, 1860

(hereinafter in this

Schedule referred to

as the Act of 1860),

(b) an action of the kind

specified in column

(2) of this Schedule at

reference number

10.

An action of ejectment for a Where the rateable valuation of10. The judge of the circuit where year's rent in arrear the land exceeds £60.

the land in respect of which maintainable in the High

the rent in arrear is payable Court under section 52 of the

or any part of that land is Act of 1860.

situate.

An action for rent in arrear Where the rent in arrear11. maintainable in the High exceeds £600.

Court under section 45 of the

Act of 1860.

An action for use and12. Where the amount claimed The judge of the circuit where occupation of land

exceeds£600. the land or any part of the maintainable in the High

land is situate. Court under section 46 of the

Act of 1860.

13. An action for double rent for

overhold-ing land

maintainable in the High

Court under section 76 of the

Act of 1860.

An action to recover double the14. value of goods fraudulently

carried off or concealed or

clandestinely removed to

prevent distress for arrears of

rent and maintainable in the

High Court under section 3 of

the pre-Union Irish statute 15

Geo. 2. c. 8 (Ir.) (1741) entitled

“An Act for the more effectual

securing the payment of

rents, and preventing frauds

by tenants”.

An application under—(a)15. section 34 or 52 of the

Registration of Title Act, 1891,

or (b) section 13 of the

Registration of Title Act, 1942

(No. 26 of 1942).

An action in respect of the grant16. or revocation of the grant of

probate of the will or letters

of administration of the

estate of a deceased person

in case there is any

contention in relation thereto.

Where the value of the goods

removed exceeds £300.

Where the rateable valuation of

the land exceeds £60.

Where the estate of the

deceased person—

(a) in so far as it consists

of personalty,

exceeded at the time

of his death in

amount or value

£2,000, exclusive of

what he may have

been entitled to as a

trustee and not

beneficially, but

without deducting

The judge of the circuit where

the defendant or one of the

defendants resides or carries

on business.

The judge of the Circuit where

the land or any part of the

land is situate.

17. Proceedings for the

administration of the estate

of a deceased person.

Proceedings for the dissolution18. of a partnership or the taking

of partnership or other

accounts.

Proceedings for any of the19. following purposes—

(a) the redemption of

mortgages on land,

(b) the raising of portions

or other charges on

land,

distribution of the

proceeds of any land

subject to any

mortgage, lien or

charge.

anything on account

of debts due and

owing from the

deceased, or

(b) in so far as it consisted

of land of which he

was at the time of his

death beneficially

seised or possessed,

exceeded the

rateable valuation of

£60.

Where the property of the

partnership—

(a) in so far as it consists

of personalty,

exceeds in amount

or value £2,000, or

(b) in so far as it consists

of land, exceeds the

rateable valuation of

£60.

Where the rateable valuation of

the land exceeds £60.

The judge of the circuit where

the testator or intestate had

at the time of his death a

fixed place of abode.

At the election of the plaintiff—

(a) the judge of the circuit

where the partnership

business was or is

carried on, or

(b) the judge of the circuit

where the defendant or

one of the defendants

resides or carries on

business.

The judge of the circuit where

the land or any part of the

land is situate.

20. Proceedings for the execution of

trusts, charitable or private.

Proceedings for the rectification21. or setting aside or

cancellation of deeds or other

written instruments.

Proeedings for specific22. performance of contrats.

Proceedings for the partition or23. sale of land.

Where—

(a) the trust estate or fund,

in so far as it consists of

personalty, exceeds in

amount or value

£2,000, or

(b) the trust estate, in so far

as it consists of land,

exceeds the rateable

valuation of £60.

Where the subject matter—

(a) in so far as it consists of

personalty, exceeds in

amount or value

£2,000, or

(b) in so far as it consists of

land, exceeds the

rateable valuation of

£60.

Where the rateable valuation of

the land exceeds £60.

The judge of the circuit where

the defendant or one of the

defendants resides or carries

on business.

Where the subject matter

consists entirely of

personalty, the judge of the

circuit where the defendant

or one of the defendants

resides or carries on

business.

Where the subject matter

consists in whole or in part of

land, at the option of the

plaintiff—

(a) the judge of the circuit

where the defendant or

one of the defendants

resides or carries on

business, or

(b) the judge of the circuit

where the land or any

part of the land is

situate.

The judge of the circuit where

the land or any part of the

land is situate.

24. Proceedings for the wardship of

infants and the care of

infants' estates.

Proceedings under the Settled25. Land Acts, 1882 to 1890.

Proceedings under the Trustee26. Acts, namely, the Trustee Act,

1893 , the Trustee Act, 1893,

Amendment Act, 1894 , and

the Trustee Act, 1931 (No. 20

of 1931).

Where the property—

(a) in so far as it consists of

personalty, exceeds in

amount or value

£2,000, or

(b) in so far as it consists of

land, exceeds the

rateable valuation of

£60.

Where the property—

(a) in so far as it consists of

capital money arising

under the said Acts,

exceeds in amount or

value £2,000, or

(b) in so far as it consists of

land, exceeds the

rateable valuation of

£60.

Where the trust property—

(a) in so far as it consists of

personalty, exceeds in

amount or value

£2,000, or

(b) in so far as it consists of

land, exceeds the

rateable valuation of

£60.

The judge of the circuit where

the infant or one of the

infants resides.

The judge of the circuit where

the land or the land

(represented by the capital

money) or any part of the

land is situate.

The judge of the circuit where

the applicant or one of the

applicants resides.

27. An action (in relation to

property) claiming an

injunction, otherwise than as

ancillary to other relief.

Where the property—

(a) in so far as it consists of

personalty, exceeds in

amount or value

£2,000, or

(b) in so far as it consists of

land, exceeds the

rateable valuation of

£60.

Where the property consists

only of personalty, the judge

of the circuit where the

defendant or one of the

defendants resides or carries

on business. Where the

property consists of land, at

the option of the plaintiff—

(a) the judge of the circuit

where the defendant or

one of the defendants

resides or carries on

business, or

(b) the judge of the circuit

where the land or any

part of the land is

situate.

28. Proceedings in relation to

property not hereinbefore

specified in this Schedule and

which immediately before the

commencement of Part I of

the Courts of Justice Act, 1924

(No. 10 of 1924), were

assigned to the Chancery

Division of the former High

Court of Justice in Southern

Ireland, other than

proceedings in relation to

companies.

Where the property—

(a) in so far as it consists of

personalty, exceeds in

amount or value

£2,000, or

(b) in so far as it consists of

land, exceeds the

rateable valuation of

£60.

Where the proceedings are in a

cause, the judge of the circuit

where the defendant or one

of the defendants resides or

carries on business.

Where the proceedings are in a

matter and any land is

involved, at the option of the

applicant—

(a) the judge of the circuit

where the applicant

resides or carries on

business, or

(b) the judge of the circuit

where the land or any

part of the land is

situate.

Where the proceedings are in a

matter, and no land is

involved, the judge of the

circuit where the applicant

resides or carries on

business.

29. Proceedings (other than Where the amount due or The judge of the circuit where

proceedings under the Gárda recoverable exceeds £600. the defendant or one of the

Síochána (Compensation) defendants resides or carries

Acts, 1941 and 1945) by any on business.

person, including a State

authority, to recover any sum

(including a sum recoverable

by way of debt, penalty,

forfeiture or otherwise, but

excluding a fine to which a

person is liable on conviction

of a criminal offence)

recoverable by virtue of any

enactment, other than an

enactment set out in the

Fourth Schedule to this Act.

FOURTH SCHEDULE

Jurisdiction of the Circuit Court under certain British statutes and Saorstát éireann statutes,

and judges of the Circuit Court by whom the jurisdiction is to be exercised

Section 22 (3).

Ref. No. Enactments conferring jurisdiction on former Judge of Circuit Court by whom jurisdiction is to

Recorders, County Court Judges, Chairmen of be exercised

Quarter Sessions, or Courts of Quarter Sessions

(1) (2) (3)

Excise Management Act, 1827 (7 and 8 Geo. 4. c. The judge of the circuit in which is situate the1. 53)—section 82. courthouse in which the judgment appealed

against was given.

Grand Jury (Ireland) Act, 1836 (6 & 7 Will. 4. c. The judge of the circuit where the defendant2. 116)— resides.

section 87.

3. Poor Relief (Ireland) Act, 1838 (1 & 2 Vic. c. 56)—

sections 73 and 78.

The judge of the circuit where the person liable

to pay the rate resides.

4. Poor Relief (Ireland) Act, 1838 (1 & 2 Vic. c. 56)—

sections 106 to 109 and section 112.

The judge of the circuit where the rate was

made.

5. Drainage (Ireland) Act, 1842 (5 & 6 Vic. c. 89)—

section 58.

Scientific Societies Act, 1843 (6 & 7 Vic. c. 36)—6.

sections 5 and 6.

Poor Relief (Ireland) Act, 1843 (6 & 7 Vic. c. 92)—7.

sections 2 and 3.

County Dublin Grand Jury Act, 1844 (7 & 8 Vic. c.8. 106)—

section 110.

Drainage (Ireland) Act, 1846 (9 & 10 Vic. c. 4)—9.

section 42 (so far as the section relates to the

recovery of costs and expenses of cleaning,

scouring out and removal of accumulated

matter from aqueducts, culverts or tunnels

under canals).

Drainage (Ireland) Act, 1846 (9 & 10 Vic. c. 4)—10.

section 42 (so far as the section relates to the

recovery by the Commissioners of Public

Works in Ireland of the costs and expenses of

altering aqueducts, culverts, or tunnels under

canals so as to prevent injury to lands).

Ejectment and Distress (Ireland) Act, 1846 (9 & 1011. Vic. c. 111)—

section 8.

Landed Property Improvement (Ireland) Act,12. 1847 (10 & 11 Vic. c. 32)—

section 40.

Eviction (Ireland) Act, 1848 (11 & 12 Vic. c. 47)—13.

section 6.

Poor Relief (Ireland) Act, 1849 (12 & 13 Vic. c. 104)14. —

section 29.

The judge of the circuit where any part of the

drain, stream or rivulet required to be cleaned

or scoured is situate.

The judge of the circuit where the land or

buildings of the society are situate.

The judge of the circuit where the property is

situate.

The judge of the circuit where the defendant

resides.

The judge of the circuit where the aqueduct,

culvert or tunnel is situate.

The judge of the circuit where the lands are

situate.

The judge of the circuit in which is situate the

courthouse in which the order or decree for

recovery of possession was made.

The judge of the circuit where the defendant

resides.

The judge of the circuit where the defendant

resides.

The judge of the Circuit Court before whom the

legal proceedings are pending.

15. Civil Bill Courts (Ireland) Act, 1851 (14 & 15 Vic. c.

57)—proviso to section 35.

Civil Bill Courts (Ireland) Act, 1851 (14 & 15 Vic. c.16. 57)—

sections 38 and 39.

Civil Bill Courts (Ireland) Act, 1851 (14 & 15 Vic. c.17. 57)—

section 82.

Valuation (Ireland) Act, 1852 (15 & 16 Vic. c. 63)—18.

sections 16, 22, 23 and 31.

Succession Duty Act, 1853 (16 & 17 Vic. c. 51)—

section 50.

Boundary Survey (Ireland) Act, 1854 (17 & 18 Vic.20. c. 17)—

section 9.

Towns Improvement (Ireland) Act, 1854 (17 and21. 18 Vic. c. 103)—

section 41.

Literary and Scientific Institutions Act, 1854 (17 &22. 18 Vic. c. 112)—

sections 29 and 30.

The judge of the Circuit Court before whom the

case is heard and determined.

The judge of the circuit where the land

distrained or threatened to be distrained is

situate.

The judge of the circuit where the land is situate.

The judge of the circuit where the tenement or

rateable hereditament is situate; or, in the

case of an incorporeal hereditament, the j

udge of the circuit where the property or any

part of the property to, out of or in respect of

which the incorporeal hereditament is

annexed, arises, issues or is exercisable is

situate; or, in the case of a half-rent, the judge

of the circuit where the property in respect of

which the half-rent is determined is situate.

At the election of the appellant—

(a) the judge of the circuit where the

appellant resides, or

(b) the judge of the circuit where the

property is situate.

The judge of the circuit where the boundary line

or any part thereof is situate.

The judge of the circuit where the works to be

constructed are situate.

The judge of the circuit where the principal

building of the institution is situate.

Drainage (Ireland) Act, 1856 (19 & 20 Vic. c. 62)— The judge of the circuit where the defendant23. resides.section 39.

24. Boundary Survey (Ireland) Act, 1857 (20 & 21 Vic. The judge of the circuit where the boundary line

c. 45)— or any part thereof is situate.

section 5.

Landlord and Tenant Law Amendment Act, At the election of the landlord—25. Ireland, 1860 (23 & 24 Vic. c. 154) (hereinafter (a) the judge of the circuit where the tenant in this Schedule referred to as the Act of 1860) resides, or —

(b) the judge of the circuit where the land or sections 30 and 31. any part of the land is situate.

The Act of 1860— The judge of the circuit where the land or any26. part of the land is situate.sections 32 and 33.

The Act of 1860— The judge of the circuit where the land in27 relation to which the precept, order orsection 37. conviction was made is situate.

The Act of 1860— The judge of the circuit where the defendant28. resides.section 38.

The Act of 1860— The judge of the circuit where the land or any29 part of the land is situate.sections 61, 63, 71, 78, 80, 82 and 95.

Valuation (Ireland) Act, 1864 (27 & 28 Vic. c. 52)— The judge of the circuit where the tenement or30. rateable hereditament is situate; or, in thesections 1 and 3. case of an incorporeal hereditament, the

judge of the circuit where the property or any

part of the property to, out of or in respect of

which the incorporeal hereditament is

annexed, arises, issues or is exercisable is

situate; or, in the case of a half-rent, the judge

of the circuit where the property in respect of

which the half-rent is determined is situate.

Attorneys' and Solicitors' Act, 1870 (33 & 34 Vic. c.At the option of the person seeking to enforce or31. 28)— set aside the agreement—

section 8. (a) the judge of the circuit where the other

party to the agreement resides, or

(b) the judge of the circuit where the

agreement was made.

32. Landlord and Tenant (Ireland) Act, 1870 (33 & 34

Vic. c. 46)—

Part I.

Landlord and Tenant (Ireland) Act, 1870 (33 & 3433. Vic. c. 46)—sections 42, 43, 44, 47 and 56.

Charitable Donations and Bequests (Ireland) Act,34. 1871 (34 & 35 Vic. c. 102)—

sections 8 and 16.

Bankruptcy (Ireland) Amendment Act, 1872 (35 &35. 36 Vic. c. 58)—

sections 81 and 82.

Building Societies Act, 1874 (37 & 38 Vic. c. 42)—36.

sections 24, 34, 35 and 36.

Hosiery Manufacture (Wages) Act, 1874 (37 & 3837. Vic. c. 48)—

sections 3 and 4.

Employers and Workmen Act, 1875 (38 & 39 Vic.38. c. 90)—

sections 3 and 8.

Rivers Pollution Prevention Act, 1876 (39 & 4039. Vic. c. 75)—

section 10.

County Officers and Courts (Ireland) Act, 187740. (40 & 41 Vic. c. 56)—

sections 41 and 47.

Public Health (Ireland) Act, 1878 (41 & 42 Vic. c.41. 52)—

sections 120, 122 and 260.

Public Health (Ireland) Act, 1878 (41 & 42 Vic. c.42. 52)—

section 269.

The judge of the circuit where the matter

requiring the cognizance of the Court arises.

The judge of the circuit where the holding in

respect of which the charging order is sought

or any part of that holding is situate.

The judge of the circuit where the defendant

resides.

The judge of the circuit where the debtor had a

fixed abode at the time of adjudication of

bankruptcy.

The judge of the circuit where the building

society has its chief office or place of meeting

for the business of the society.

The judge of the circuit where the offence was

committed.

The judge of the Circuit Court before whom the

proceedings are pending.

The judge of the circuit where the offence was

committed.

The judge of the Circuit Court before whom the

proceedings are pending.

The judge of the circuit where the defendant

resides.

The judge of the circuit where the cause of

appeal has arisen.

43. Bankers' Books Evidence Act, 1879 (42 & 43 Vic.

c. 11)—

section 10.

Inland Revenue Act, 1880 (43 & 44 Vic. c. 20)—44.

section 43 (7).

Guardianship of Infants Act, 1886 (49 & 50 Vic. c.45. 27).

Partnership Act, 1890 (53 & 54 Vic. c. 39).46.

Public Health Acts Amendment Act, 1890 (53 &47. 54 Vic. c. 59)—

section 7 (1).

Industrial and Provident Societies Act, 1893 (56 &48. 57 Vic. c. 39)—

sections 23 and 48.

Industrial and Provident Societies Act, 1893 (56 &49. 57 Vic. c. 39)—

section 49.

Finance Act, 1894 (57 & 58 Vic. c. 30)—50.

section 10 (5).

Friendly Societies Act, 1896 (59 & 60 Vic. c. 25)—51.

sections 31 and 55.

Friendly Societies Act, 1896 (59 & 60 Vic. c. 25)—52.

sections 68, 70 and 78.

The judge of the Circuit Court before whom the

proceedings are pending.

The judge of the circuit where the premises are

situate.

The judge of the circuit where the respondent or

any of the respondents resides.

The judge of the circuit where the defendant

resides.

The judge of the circuit where the functional

area of the local authority is situate.

At the option of the society—

(a) the judge of the circuit where the

registered office of the society is situate,

(b) the judge of the circuit where the

defendant resides.

The judge of the circuit where the registered

office of the society is situate.

At the option of the appellant—

(a) the judge of the circuit where the

appellant resides, or

(b) the judge of the circuit where the

property in respect of which the dispute

arises is situate.

The judge of the circuit where the defendant

resides.

The judge of the circuit where the registered

office of the society is situate.

53. Local Government (Ireland) Act, 1898 (61 & 62

Vic. c. 37)—

section 5.

Small Dwellings Acquisition Act, 1899 (62 & 6354. Vic. c. 44)—

section 5 (2) and (5), as applied to Ireland by

section 14 (2).

Alkali, Etc. Works Regulation Act, 1906 (6 Edw. 7.55. c. 14)—

section 17.

Open Spaces Act, 1906 (6 Edw. 7. c. 25)—56.

section 4.

Labourers (Ireland) Act, 1906 (6 Edw. 7. c. 37)—57.

section 6.

Labourers (Ireland) Act, 1906 (6 Edw. 7. c. 37)—58.

section 11.

Workmen's Compensation Act, 1906 (6 Edw. 7. c.

58)—

Second Schedule.

In case—

(a) the criminal injury comes within section

140 of the Grand Jury (Ireland) Act, 1836 ,

and

(b) it was committed on the verge or within

one mile of the boundary of two or more

counties, and

circuit,

the judge of any circuit (to be selected by the

applicant) which includes one or more of such

counties.

In any other case, the judge of the circuit where

the criminal injury was committed.

The judge of the circuit where the house is

situate.

The judge of the circuit where the offence was

committed.

The judge of the circuit where the whole or any

part of the open space is situate.

The judge of the circuit where the land

comprised in the improvement scheme is

situate.

The judge of the circuit where the land in respect

of which the sum was paid as purchase

money or compensation under paragraph (1)

of the said section 11 is situate.

The judge of the Circuit Court before whom the

proceedings are pending. 59

60. Public Health Acts Amendment Act, 1907 (7 Edw.

7. c. 53)—

section 7 (1).

Children Act, 1908 (8 Edw. 7. c. 67)—61.

section 58 (2).

Finance (1909-10) Act, 1910 (10 Edw. 7 & 1 Geo.62. 5. c. 8)—

section 33 (4).

Labourers (Ireland) Act, 1911 (1 & 2 Geo. 5. c. 19)63. —

section 6.

Public Roads (Ireland) Act, 1911 (1 & 2 Geo. 5. c.64. 45)—

section 1 (4).

Pilotage Act, 1913 (2 & 3 Geo. 5. c. 31)—65.

section 28.

Criminal Justice Administration Act, 1914 (4 & 566. Geo. 5. c. 58)—

section 10.

Income Tax Act, 1918 (8 & 9 Geo. 5. c. 40)—67.

section 196.

Housing (Ireland) Act, 1919 (9 & 10 Geo. 5. c. 45)68. —

section 12.

Housing (Ireland) Act, 1919 (9 & 10 Geo. 5. c. 45)69. —

section 25.

The judge of the circuit where the functional

area of the local authority is situate.

The judge of the Circuit Court before whom the

child is charged.

At the option of the appellant—

(a) the judge of the circuit where the

appellant resides, or

(b) the judge of the circuit where the

property is situate.

The judge of the circuit where the land, in

respect of which the purchase money or

compensation is payable, is situate.

At the election of the plaintiff—

(a) the judge of the circuit where the damage

was done, or

(b) the judge of the circuit where the

defendant or one of the defendants

resides or carries on business.

The judge of the circuit where the port for which

the pilot is licensed is situate.

The judge of the circuit in which is situate the

courthouse in which the offender was

summarily convicted.

The judge of the circuit where the assessment

was made.

The judge of the circuit where the land in respect

of which the purchase money or

compensation is payable is situate.

The judge of the circuit where the land is situate.

70. Sheriffs (Ireland) Act, 1920 (10 & 11 Geo. 5. c. 26) The judge of the circuit where the seizure was

— made.

section 7.

Electoral Act, 1923 (No. 12 of 1923)— The judge of the circuit where the registration71. area of the registration officer concerned issection 16. situate.

Land Act, 1923 (No. 42 of 1923) — The judge of the circuit where the land is situate.72.

section 69 (3).

FIFTH SCHEDULE

Adaptations (in relation to the Circuit Court and the judges thereof) of certain British statutes

relating to former County Courts, Courts of Quarter Sessions and judges thereof

Section 22 (4)

Session and Chapter Short Title Adaptation

(1) (2) (3)

7 & 8 Geo. 4. c. 53. Excise Management Act, 1827 . The references to the justices of the peace

assembled at the general quarter

sessions shall be construed as

references to the Circuit Court.

6 & 7 Vic. c. 36. Scientific Societies Act, 1843. In section 2, the references to the recorder

or justices shall be construed as

references to the judge of the circuit

where the land or buildings of the

society are situate.

12 & 13 Vic. c. 104. Poor Relief (Ireland) Act, 1849 . In section 18, the reference to a judgment

obtained in any action or suit in a

superior court shall be construed as

including a reference to a j udgment of

the Circuit Court.

In section 29, the references to an assistant

barrister, the chairman of the sessions of

the peace of the county of Dublin or a

recorder shall be construed as

references to the judge of the Circuit

Court before whom the proceedings are

pending.

14 & 15Vic. c. 90. Fines (Ireland) Act, 1851 . In section 10, as amended by section 2 of

the Summary Jurisdiction (Ireland) Act,

1918 (8 & 9 Geo. 5. c. 18), the references

to an assistant barrister, recorder of a

city or borough and the chairman of

quarter sessions for the county of Dublin

shall be construed as references to a

judge of the Circuit Court.

14 & 15 Vic. c. 93. Petty Sessions (Ireland) Act, 1851In section 34, as amended by section 2 of

. the Summary Jurisdiction (Ireland) Act,

1918 (8 & 9 Geo. 5. c. 18), the first

reference to quarter sessions shall be

construed as a reference to the Circuit

Court.

17 & 18 Vic. c. 103. Towns Improvement (Ireland)

Act, 1854 .

In section 44, the reference to the court of

the assistant barrister shall be construed

as a reference to the Circuit Court.

23 & 24 Vic. c. 4. Annual Revision of Rateable

Property (Ireland)

Amendment Act, 1860.

References to the court of quarter sessions

shall be construed as references to the

Circuit Court. References to the

chairman of quarter sessions shall be

construed as references to a judge of the

Circuit Court.

23 & 24 Vic. c. 154. Landlord and Tenant Law In section 70, the reference to an assistant

Amendment Act, Ireland, 1860 barrister shall be construed as a

27 & 28 Vic. c. 52. Valuation (Ireland) Act, 1864.

33 & 34 Vic. c. 28. Attorneys' and Solicitors' Act,

1870 .

33 & 34 Vic. c. 46. Landlord and Tenant (Ireland)

Act, 1870 .

34 & 35 Vic. c. 78. Regulation of Railways Act, 1871

35 & 36 Vic. c. 58. Bankruptcy (Ireland)

Amendment Act, 1872.

37 & 38 Vic. c. 72. Fines (Ireland) Act, 1851,

Amendment Act, 1874 .

reference to a judge of the Circuit Court.

In section 79, the references to the

chairman of the county shall be

construed as references to the judge of

the circuit where the lands or premises

to which the certificate of desertion

relates or any part thereof are situate.

The references to quarter sessions shall be

construed as references to the Circuit

Court.

In section 8, the references to fifty pounds

shall be construed as references to six

hundred pounds.

In sections 59, 60 and 61, the references to

the civil bill court of a county shall be

construed as references to the judge of

the circuit where the county is situate.

In section 7, the reference to a county court

judge shall be construed as a reference

to a judge of the Circuit Court.

In sections 81 to 86, the references to the

chairman of quarter sessions within

whose jurisdiction the debtor had a fixed

abode at the time of the adjudication of

bankruptcy shall be construed as

references to the judge of the circuit

where the debtor had a fixed abode at

the time of the adjudication of

bankruptcy.

In section 2, the reference to an assistant

barrister, recorder or chairman shall be

construed as a reference to a judge of

the Circuit Court.

38 & 39 Vic. c. 17. Explosives Act, 1875 . In section 66, the reference to a county

court judge shall be construed as a

reference to a judge of the Circuit Court.

38 & 39 Vic. c. 90. Employers and Workmen Act,

1875 .

In section 8, the reference to a county court

shall be construed as a reference to the

Circuit Court.

39 & 40 Vic. c. 36. Customs Consolidation Act, 1876In the definition (contained in section 284)

. of “justice”, the reference to a county

court judge shall be construed as a

reference to a judge of the Circuit Court.

40 & 41 Vic. c. 56. County Officers and Courts

(Ireland) Act, 1877 .

In section 47, the reference to five hundred

pounds shall be construed as a

reference to two thousand pounds and

the reference to thirty pounds as a

reference to sixty pounds.

41 & 42 Vic. c. 52. Public Health (Ireland) Act, 1878 In section 115, the reference to the court of

. quarter sessions shall be construed as a

reference to the Circuit Court.

41 & 42 Vic. c. 76. Telegraph Act, 1878. In section 4 (including that section as

applied by section 4 of the Telegraph Act,

1892 (55 & 56 Vic. c. 49), sections 3 and 5

of the Telegraph (Construction) Act, 1908

(8 Edw. 7. c. 33), and section 1 of the

Telegraph (Construction) Act, 1916 (6 & 7

Geo. 5. c. 40)), the references to the

judge of the county court having

jurisdiction within the district in which

the difference has arisen shall be

construed as references to the judge of

the circuit where the district is situate.

44 & 45 Vic. c. 49. Land Law (Ireland) Act, 1881 . In subsection (1) of section 37, the

reference to the civil bill court of the

county where the matter requiring the

cognizance of the court arises shall be

construed as a reference to the judge of

the circuit where the matter requiring

the cognizance of the court arises.

56 & 57 Vic. c. 39. Industrial and Provident

Societies Act, 1893 .

In section 61, the reference to the county

court of the district where the registered

office of the society is situate shall be

construed as a reference to the judge of

the circuit where the registered office of

the society is situate.

57 & 58 Vic. c. 60. Merchant Shipping Act, 1894 . In paragraph (c) of subsection (4) of section

547, the reference to the recorder or the

chairman of quarter sessions shall be

construed as a reference to a judge of

the Circuit Court.

8 Edw. 7. c. 57. Coal Mines Regulation Act, 1908. In subsection (5) of section 1, the reference

to the judge of county courts for the

district in which the mine is situate shall

be construed as a reference to the judge

of the circuit where the mine is situate.

8 Edw. 7. c. 67. Children Act, 1908. In subsection (4) of section 74 and in

subsection (2) of section 75, the

references to the court of quarter

sessions shall be construed as

references to the Circuit Court.

1 & 2 Geo. 5. c. 19. Labourers (Ireland) Act, 1911. In subsection (1) of section 6 (including that

section as applied by section 12 of the

Housing (Ireland) Act, 1919 (9 & 10 Geo.

5. c. 45)), the references to the county

court shall be construed as references to

the Circuit Court, and the reference to

one hundred pounds shall be construed

as a reference to six hundred pounds.

1 & 2 Geo. 5. c. 45. Public Roads (Ireland) Act, 1911. In subsection (4) of section 1, the reference

to two hundred and fifty pounds shall be

construed as a reference to six hundred

pounds.

1 & 2 Geo. 5. c. 50. Coal Mines Act, 1911. In section 11 (including that section as

applied by section 1 of the Coal Mines

Act, 1914 (4 & 5 Geo. 5. c. 22)), the

reference to a county court judge shall

be construed as a reference to a judge of

the Circuit Court.

In subsection (3) of section 77, the

reference to the judge of the county

court for the district in which the mine is

situate shall be construed as a reference

to the judge of the circuit where the

mine is situate.

2 & 3 Geo. 5. c. 30. Trade Union Act, 1913 . In subsection (2) of section 3, the

references to the county court shall be

construed as references to the Circuit

Court.

9 & 10 Geo. 5. c. 45. Housing (Ireland) Act, 1919 . In subsection (3) of section 25, the

reference to thirty pounds shall be

construed as a reference to sixty pounds

and the reference to the county court as

a reference to the Circuit Court.

10 & 11 Geo. 5. c. 26. Sheriffs (Ireland) Act, 1920 . In section 7, the references to a civil bill

court shall be construed as references to

the Circuit Court.

SIXTH SCHEDULE

Assignment of justices of District Court to district court districts

Section 32 (3) .

Definitions.

1. In this Schedule—

“district” means a district court district;

“district justice” means a justice of the District Court, but does not include a temporary

district justice;

“temporary district justice” means a person appointed under section 51 of the Act of 1936, as

applied by section 48 of this Act to act as a district justice.

Permanent assignment of district justices to districts.

2. (1) (a) Where a person is appointed a district justice, then, subject to clause (b) of this

subparagraph, the Government, if they think fit, may, upon such appointment,

assign him permanently to a particular district.

(b) Where, at the time of the appointment of a person to be a district justice, there

are four district justices not permanently assigned to particular districts, the

Government shall assign that person permanently to a particular district.

(2) Where a district justice is not upon appointment permanently assigned to a particular

district, the Government may at any time assign him permanently to a particular district.

(3) A district justice who is permanently assigned to a particular district may, with his

consent, be transferred by the Minister to another district and, if he is so transferred, he

shall upon such transfer become and be permanently assigned to such other district in lieu

of being permanently assigned to such first-mentioned district.

(4) (a) Where a district justice is permanently assigned to a particular district, the

Government, at his request, may, if they think fit, terminate his permanent

assignment to that district.

(b) Where the permanent assignment of a district justice is terminated under clause (a)

of this subparagraph, the Government may at any time thereafter assign him

permanently to a particular district.

Temporary assignment to districts of district justices and temporary district justices.

3. (1) A district justice who is permanently assigned to a particular district may, with his

consent, from time to time be temporarily assigned by the Minister to another district, but

such temporary assignment shall be without prejudice to the exercise and performance by

him of the privileges, powers and duties for the time being conferred or imposed on him by

law in relation to the district to which he is permanently assigned.

(2) A district justice who is not for the time being permanently assigned to a district may

from time to time be assigned by the Minister to any district.

(3) A temporary district justice may from time to time be temporarily assigned by the

Minister to any district.

(4) Where a person is temporarily assigned to a district under subparagraph (1), (2) or (3) of

this paragraph—

(a) in case there is for the time being a district justice permanently assigned to that

district—he shall, in relation to that district have, while so temporarily assigned,

concurrently with that district justice, all the privileges, powers and duties for the

time being conferred or imposed by law on that district justice,

(b) in any other case—he shall, in relation to that district have, while so temporarily

assigned, all such privileges, powers and duties as would for the time being be

conferred or imposed by law if he were a district justice permanently assigned to

that district.

(5) The Minister may at any time terminate a temporary assignment made under this

paragraph.

District justice acting in certain cases for another district justice who is permanently assigned to a district.

4. (1) Wherever it appears to the President of the District Court, on the representation of a

justice of the District Court permanently assigned to a particular district, that such justice

cannot properly deal with any matter before him by reason of the fact that he has a personal

interest therein or such personal knowledge of the facts or of the parties as might prejudice

the trial of that matter, the President of the District Court may nominate another justice of

the District Court, who so consents, to hear and determine that matter in that district and, if

the President does so, then that matter may be heard and determined accordingly.

(2) In the case of illness or absence of the district justice permanently assigned to a district

(in this subparagraph referred to as the first justice), another district justice may, with the

consent of the Minister (in addition, if he is permanently assigned to another district, to

exercising and performing the privileges, powers and duties conferred by law in relation to

the district to which he is permanently assigned) exercise and perform during such illness or

absence, the privileges, powers and duties for the time being conferred or imposed by law

on the first justice in relation to the district to which the first justice is permanently assigned.

(3) Where a district justice permanently assigned to a particular district (in this

subparagraph referred to as the first justice) requests another district justice (in this

subparagraph referred to as the second justice) to act for him during a specified period (not

exceeding seven days) the second justice may (in addition, if he is permanently assigned to

another district, to exercising and performing the privileges, powers and duties conferred by

law on him in relation to the district to which he is permanently assigned) exercise and

perform during that period the privileges, powers and duties for the time being conferred or

imposed by law on the first justice in relation to the district to which the first justice is

permanently assigned.

SEVENTH SCHEDULE

Existing courts and corresponding courts established by the Principal Act, and judges of

existing courts and corresponding judges of courts established by the Principal Act

Sections 48 , 49 and 61 .

Part I

Ref. No. Existing court Court established by the Principal Act

(1) (2) (3)

The existing Supreme Court. The Supreme Court.1.

The existing High Court. The High Court.2.

The existing Court of Criminal Appeal. The Court of Criminal Appeal.3.

The existing Circuit Court. The Circuit Court.4.

The existing District Court. The District Court.5.

Part II

Ref. No. Judge of existing court Judge of court established by the Principal

Act

(1) (2) (3)

The existing Chief Justice. The Chief Justice.1.

The existing President of the High Court. The President of the High Court.2.

The existing President of the Circuit Court. The President of the Circuit Court.3.

EIGHTH SCHEDULE

Provisions in relation to offices and officers to be attached to the High Court, the Supreme

Court and the President of the High Court

Section 55 (1).

Interpretation.

1. (1) This Schedule shall be construed as one with Part I of the Act of 1926.

(2) Except where the context otherwise requires, references in this Schedule to any

enactment which is applied by section 48 of this Act shall be construed as references to that

enactment as so applied.

Offices attached to the High Court, the Supreme Court and the President of the High Court.

2. There shall become and be attached to the High Court, the Supreme Court and the

President of the High Court respectively the following offices—

To the High Court,

The Central Office,

The Taxing-Masters' Office,

The Probate Office,

The Office of the Official Assignee in Bankruptcy,

Two Examiners' Offices or the Examiner's Office,

The Accountant's Office;

To the Supreme Court,

The Office of the Registrar of the Supreme Court;

To the President of the High Court,

The Office of Wards of Court.

Officers attached to the High Court the Supreme Court and the President of the High Court.

3. There shall become and be attached to the High Court, the Supreme Court and the

President of the High Court respectively the following officers (each of whom shall be a

principal officer within the meaning of Part of the Act of 1926)—

To the High Court,

The Master of the High Court,

Two Taxing-Masters,

The Probate Officer,

The Official Assignee in Bankruptcy,

Two Examiners or the Examiner,

The Accountant;

To the Supreme Court,

The Registrar of the Supreme Court;

To the President of the High Court,

The Registrar of Wards of Court.

The Master of the High Court.

4. (1) In this paragraph “rules of court” means rules made under section 36 of the Act of

1924.

(2) The Master of the High Court shall have and exercise such powers and authorities and

perform such duties and functions as are from time to time conferred on or assigned to him

by statute or rules of court and in particular (unless and until otherwise provided by statute

or rules of court) shall have and perform all such other powers, authorities, duties and

functions as are vested in him by virtue of subsection (3) of section 31 of the Act of 1926.

The Central Office.

5. (1) The Central Office shall be under the management of such principal officer serving in

the Central Office as the Minister, after consultation with the President of the High Court,

may from time to time nominate in that behalf.

(2) There shall be transacted in the Central Office all such business as is from time to time

directed by statute or rule of court to be transacted therein and also all other business of the

High Court except such business as is for the time being required by law to be transacted by

or before one or more judges or the Master of the High Court and except such business as is

for the time being assigned by law either to another office attached to the High Court or to

the Office of Wards of Court.

(3) The person who, immediately before the operative date, had, by virtue of a nomination

under paragraph (a) of subsection (2) of section 2 (repealed by this Act) of the Act of 1945,

the management of the Central Office shall continue to have the management of the Central

Office and be deemed to have been nominated under subparagraph (1) of this paragraph.

The Registrars of the High Court.

6. (1) Such and so many as the Minister thinks proper of the officers for the time being

serving in the Central Office shall be nominated by the Minister to be registrars of the High

Court and every such registrar (in addition to any other duties which may be assigned to him

by the officer for the time being managing the Central Office) shall act as registrar to the

High Court as and when directed so to do by the officer for the time being managing the

Central Office.

(2) The officers for the time being nominated under subparagraph (1) of this paragraph to

be registrars of the High Court shall be principal officers within the meaning of Part I of the

Act of 1926.

(3) Every person, who immediately before the operative date, was, by virtue of a

nomination under subsection (2) of section 4 (repealed by this Act) of the Act of 1926, a

registrar of the existing High Court shall become and be a registrar of the High Court and be

deemed to have been nominated under subparagraph (1) of this paragraph.

General superintendence and control of High Court offices.

7. The officer for the time being managing the Central Office shall have the general

superintendence and control of the offices attached to the High Court, but shall in the

exercise of such superintendence and control be subject to the general direction of the

Minister in regard to all matters of general administration and to the directions of the

President of the High Court in regard to all matters relating to the conduct of that part of the

business of the High Court which is for the time being required by law to be transacted by or

before one or more judges of the High Court.

The Taxing-Masters' Office.

8. The Taxing-Masters' Office shall be under the management of the senior Taxing-Master,

and there shall be transacted in that Office the business of the Taxing-Masters other than

such business as is required by law to be transacted by a Taxing-Master in person.

The Office of the Official Assignee in Bankruptcy.

9. The Office of the Official Assignee in Bankruptcy shall be under the management of the

Official Assignee in Bankruptcy, and there shall be transacted therein all such business as

shall from time to time be assigned thereto by statute or rule of court and in particular

(unless and until otherwise provided by statute or rule of court) all such business as was

formerly transacted in the Office of the Official Assignee of the King's Bench Division of the

High Court of Justice in Southern Ireland.

The Examiners' Offices.

10. (1) Until the number of Examiners shall be reduced to one, one Examiner's Office shall

be under the management of one of the Examiners and the other Examiner's Office shall be

under the management of the other Examiner.

(2) There shall be transacted in each Examiner's Office or in the Examiner's Office (where

there is only one Examiner) all such business as shall from time to time be assigned thereto

by statute or rule of court and in particular (unless and until otherwise provided by statute or

rule of court) all such business as was formerly transacted in the offices attached to the

respective Chambers of the Master of the Rolls and the ordinary judge of the Chancery

Division of the High Court of Justice in Southern Ireland and also such business as was

formerly transacted in the offices attached to the Land Judge of the said Chancery Division,

including the offices attached to that Judge in his capacity of Receiver Judge.

(3) There shall also be transacted in the Office of one of the Examiners (to be nominated

by the Minister after consultation with the President of the High Court) or in the Examiner's

Office (where there is only one Examiner) all such business as was formerly transacted in the

Bankruptcy Office of the King's Bench Division of the High Court of Justice in Southern

Ireland.

The Examiners.

11. (1) Each of the Examiners or the Examiner (where there is only one Examiner) shall

have and exercise all such powers and authorities and perform and fulfil all such duties and

functions as shall from time to time be conferred on or assigned to him by statute or rule of

court and in particular (unless and until otherwise provided by statute or rule of court) shall

perform and fulfil such duties and functions as were formerly performed or fulfilled by the

several Chief Clerks and Assistant Chief Clerks of the Master of the Rolls and the ordinary

judge of the Chancery Division of the High Court of Justice in Southern Ireland respectively

and by the Chief Receiver or the Receiver-Examiner.

(2) One of the Examiners (to be nominated by the Minister after consultation with the

President of the High Court) or the Examiner (where there is only one Examiner) shall have

and exercise all such powers and authorities as were formerly vested in the Chief Registrar in

Bankruptcy of the King's Bench Division of the High Court of Justice in Southern Ireland and

shall perform and fulfil such duties and functions as were formerly required by law to be or

were in fact performed or fulfilled by the said Chief Registrar and the Registrar and Deputy

Registrar in Bankruptcy of the said King's Bench Division respectively.

(3) The powers, authorities, duties and functions of an Examiner or of the Examiner (where

there is only one Examiner) may, subject to any restrictions which the President of the High

Court may think fit to impose, be executed, performed or fulfilled by an officer (to be

designated by the President of the High Court) who is employed in that Examiner's Office or

in the Examiner's Office (where there is only one Examiner) and who is qualified to be

appointed Examiner.

Reduction in number of Examiners.

12. On the occurrence of the first vacancy in the office of Examiner, the number of

Examiners shall be reduced to one, who shall be the Examiner, and the two Examiners'

Offices shall be consolidated into one office, which shall be the Examiner's Office and shall

be under the management of the Examiner.

The Office of the Registrar of the Supreme Court.

13. There shall be transacted in the office of the Registrar of the Supreme Court all

business in relation to the jurisdictions exercisable by the Chief Justice under subsection (1)

of section 10 of this Act.

The Registrar of the Supreme Court.

14. (1) The Registrar of the Supreme Court shall act as registrar to the Chief Justice in

relation to the exercise by the Chief Justice of the jurisdiction exercisable by him under

subsection (1) of section 10 of this Act.

(2) The Registrar of the Supreme Court shall be subject to the direction of the Chief Justice

in regard to the transaction of the business which in pursuance of paragraph 13 of this

Schedule is to be transacted in the office of the Registrar of the Supreme Court.

The Office of Wards of Court.

15. (1) The Office of Wards of Court shall be under the management of the Registrar of

Wards of Court, and there shall be transacted in that office all such business as shall from

time to time be assigned thereto by statute or rule of court and in particular (unless and until

otherwise provided by statute or rule of court) all such business in relation to the exercise of

the jurisdiction vested in the High Court by subsection (1) of section 9 of this Act as was

formerly transacted in relation to the exercise of that jurisdiction in the Lunacy Office of the

Lord Chancellor of Ireland or in the offices attached to the Chambers of the said Lord

Chancellor or in any other office attached to the former Supreme Court of Judicature in

Southern Ireland.

(2) The Office of Wards of Court shall for the purposes of section 9 of the Act of 1945 be

deemed to be an office attached to a court.

The Registrar of Wards of Court.

16. (1) The Registrar of Wards of Court shall have the superintendence and control of the

Office of Wards of Court and shall in the exercise of such superintendence and control be

subject, in regard to all matters of general administration, to the general direction of the

Minister and, in regard to all matters relating to the jurisdiction vested in the High Court by

subsection (1) of section 9 of this Act, to the directions of the judge of the High Court for the

time being exercising that jurisdiction.

(2) In addition to the superintendence and control of the Office of Wards of Court, the

Registrar of Wards of Court shall have and exercise all such powers and authorities and

perform and fulfil such duties and functions in relation to the exercise of the jurisdiction

vested in the High Court by subsection (1) of section 9 of this Act as shall from time to time

be conferred on or assigned to him by statute or rule of court and in particular (unless and

until otherwise provided by statute or rule of court) shall have and exercise all such powers

and authorities as were formerly vested in the Registrar in Lunacy in Ireland or in the Chief

Clerk to the Lord Chancellor of Ireland and shall perform and fulfil all such functions and

duties in relation to the jurisdiction aforesaid as were formerly performed and fulfilled by

the said Registrar in Lunacy and the said Chief Clerk respectively.

(3) The Registrar of Wards of Court shall for the purposes of section 9 of the Act of 1945 be

deemed to be an officer attached to the High Court.

Qualification of Master of the High Court.

17. No person shall be appointed to be Master of the High Court unless at the time of his

appointment he is a barrister of not less than ten years' standing who is then actually

practising.

Qualification of Taxing-Master.

18. No person shall be appointed to be a Taxing-Master unless at the time of his

appointment he is a solicitor of not less than ten years' standing who either is then actually

practising or has previously practised for not less than ten years.

The Taxing Masters.

19. Each of the Taxing-Masters shall have and exercise the following powers and

authorities and perform and fulfil the following duties and functions—

(a) such powers, authorities, duties and functions as are for the time being conferred on

or assigned to them by statute or rule of court,

(b) unless and until otherwise provided by statute or rule of court—all such powers,

authorities, duties and functions in relation to the High Court, and the Supreme

Court, as were formerly possessed and performed by the several Taxing-Masters of

the former Supreme Court of Judicature in Southern Ireland in relation to that

Court,

authorities and functions in relation to the Court of Criminal Appeal, the Chief

Justice and the President of the High Court, as were immediately before the

operative date possessed or exercised by them in relation to the existing Court of

Criminal Appeal, the existing Chief Justice and the existing President of the High

Court respectively,

(d) such other powers, authorities, duties and functions as were immediately before the

passing of the Act of 1924 vested or imposed by law in or on the several Taxing-

Masters of the former Supreme Court of Judicature in Southern Ireland, and

(e) the duty of taxing any costs to be received, allowed or paid to a solicitor as respects

business undertaken on or after the 1st day of October, 1957, in relation to the

exercise by a local authority of their powers under the Labourers (Ireland) Acts,

1883 to 1958.

Amendment of section 6 of the Act of 1945.

20. In section 6 (which relates to the appointment of the Probate Officer or an Examiner) of

the Act of 1945, the references to an office established by Part I of the Act of 1926 shall be

construed as references to an office mentioned in paragraph 2 of this Schedule.

Qualification of Registrar of Wards of Court

21. No person shall be appointed to be Registrar of Wards of Court unless at the time of

his appointment he either—

(a) is a barrister of not less than ten years' standing who is then actually practising, or

(b) is a barrister who is then employed in an office mentioned in paragraph 2 of this

Schedule and has during the next preceding twelve years been employed in one or

more of the offices mentioned in the said paragraph 2.

General staffs of offices.

22. (1) In addition to the principal officers there shall be employed in the several offices

mentioned in paragraph 2 of this Schedule such and so many officers, clerks, messengers,

criers and servants as the Minister shall from time to time determine with the sanction of the

Minister for Finance and after consultation with the President of the High Court in the case

of an office attached to the High Court or in the case of the Office of Wards of Court and with

the Chief Justice in the case of the Office of the Registrar of the Supreme Court.

(2) All officers (other than the principal officers), clerks, messengers, criers and servants

employed in any of the offices mentioned in paragraph 2 of this Schedule shall be

interchangeable amongst such offices and shall be liable to serve in any of those offices as

the Minister shall from time to time direct after consultation with the President of the High

Court in the case of an office attached to the High Court or in the case of the Office of Wards

of Court and with the Chief Justice in the case of the Office of the Registrar of the Supreme

Court.

Nominations under section 28 of the Act of 1926.

23. Every nomination made before the operative date under section 28 of the Act of 1926

which has not been revoked before the operative date shall continue in force and be

deemed to have been made under the said section 28.

Additional Text(s)

Relates to (1 text(s))

English Courts (Establishment and Constitution) Act, 1961 (Commencement) Order, 1961 (S.I. No. 217/1961)