Courts of Justice Act, 1936

Courts of Justice Act, 1936 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1936 Courts of Justice Act, 1936 Courts of Justice Act, 1936 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 48 of 1936. COURTS OF JUSTICE ACT, 1936. ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title and citation. 2. The Principal Act. 3. Repeals. PART II The Supreme Court and The High Court 4. Increase in number of judges of the Supreme Court. 5. Sitting of Supreme Court judges in the High Court. 6. Qualification of judge of the High Court for appointment as judge of the Supreme Court. 7. The Judicial Commissioner of the Irish Land Commission. 8. Pensions of judges of the High Court and the Supreme Court. 9. Transfer of certain jurisdictions from Chief Justice to High Court. 10. Appeals against fishery bye-laws. 11. Remittal and transfer of actions by the High Court. 12. Limitation on amount of plaintiff's costs in certain High Court actions. PART III The Circuit Court 13. Increase of number of circuits. 14. Appointment of persons to act temporarily as additional judges of the Circuit Court. 15. Assignment of Circuit Judges to circuits. 16. Temporary assignment of a judge outside his own circuit. 17. Pensions of judges of the Circuit Court. 18. Cesser of jurisdiction of the Circuit Court in winding-up of companies. 19. Transfer of action from one circuit to the another circuit. 20. Jurisdiction of Circuit Court in certain remitted actions. 21. Power to strike out with costs actions in excess of jurisdiction. 22. Case stated by judge of the Circuit Court. 23. Right to abandon excess in Circuit Court. 24. Duration of judgements of the Circuit Court. 25. Confirmation of grant of new licences. 26. Amendment of section 48 of the Principal Act. 27. Amendment of section 52 of the Principal Act. PART IV Appeals from the Circuit Court 28. Commencement of this Part of this Act. 29. “The Dublin Circuit.” 30. Appeals from the Circuit Court in workmen's compensation cases. 31. Finality of decision of Circuit Court in certain cases. 32. Appeal towns. 33. High Court Circuits. 34. The High Court on Circuit. 35. The judges of the High Court on Circuit. 36. Commissioners of the High Court on Circuit. 37. Appeals from the Circuit Court in civil cases heard without oral evidence. 38. Appeals from the Circuit Court in cases not otherwise provided for. 39. Finality of decisions on appeals under this Part of this Act. 40. Miscellaneous provisions in relation to appeals. 41. Non-availability of suitable courthouse accommodation. 42. Registrars to the High Court on Circuit. 43. Servants of judges of the High Court on Circuit. 44. Provision of accommodation for judges of the High Court on circuit. 45. Pending appeals. PART V The District Court 46. Assignment of justices to districts. 47. Power to extend retiring age of justices in Irish-speaking districts. 48. Pension rights of justices of the District Court. 49. Removal, etc., of justices of the District Court. 50. Salary of assistant justice of the District Court. 51. Appointment of persons to act temporarily as additional justices of the District Court. 52. Amendment of section 77 of the Principal Act. 53. Amendment of section 79 of the Principal Act. 54. Justice of District Court acting for another justice at request of latter. 55. Power of Circuit Court to release from recognisance. 56. Amendment of section 83 of the Principal Act. 57. Amendment of section 84 of the Principal Act. 58. Amendment of section 18 of Courts of Justice Act, 1928. 59. Appeals in licensing and club cases. 60. Power to strike out with costs in cases of excess of jurisdiction. 61. Duration of decree or dismiss of District Court. 62. Power to Attorney-General to send forward for trial. 63. Attendance of witnesses in civil cases. 64. The Dublin Metropolitan Area and the Dublin district. PART VI Rules of Court 65. Power of Minister for Justice to prescribe court fees. 66. Fees under the Local Registration of Title (Ireland) Act, 1891. 67. Superior Court Rules Committee. 68. Rule making authorities under section 36 of the Principal Act. 69. Circuit Court Rules Committee. 70. Rule-making authority for the Circuit Court. 71. District Court Rules Committee. 72. Rule-making authority for the District Court. 73. Local Registration of Title Rules Committee. 74. Rules under the Local Registration of Title (Ireland) Act, 1891. 75. Report by rule making committees. PART VII Miscellaneous Provisions 76. Duration of imprisonment for non-payment of revenue penalty. 77. Payments to judges, etc., for recoupment of expenses. 78. Liability of unsuccessful defendant for costs of successful defendant. 79. Clearing of Court at certain trials. 80. Person standing mute. 81. Prohibition of imitation of court documents. PART VIII Amendment of Certain Enactments 82. Amendment of section 53 of the Dublin Police Act, 1842. 83. Amendment of the Fatal Accidents Act, 1846. 84. Amendment of section 86 of the Probates and Letters of Administration Act (Ireland), 1857. 85. Amendment of section 9 of the summary jurisdiction (Ireland) Amendment Act, 1871. 86. Amendment of section 14 of the Agricultural Credit Act, 1929. FIRST SCHEDULE SECOND SCHEDULE Acts Referred to Courts of Justice Act, 1924 No. 10 of 1924 Courts of Justice Act, 1928 No. 15 of 1928 Land Law (Commission) Act, 1923 No. 27 of 1923 Court Officers Act, 1926 No. 27 of 1926 Fisheries Act, 1925 No. 32 of 1925 Workmen's Compensation Act, 1934 No. 9 of 1934 Local Government Act, 1925 No. 5 of 1925 District Justices (Temporary Provisions) Act, 1923 No. 6 of 1923 Approved Investments Act, 1933 No. 34 of 1933 Agricultural Credit Act, 1929 No. 30 of 1929 Number 48 of 1936. COURTS OF JUSTICE ACT, 1936. AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE ADMINISTRATION OF JUSTICE AND FOR THAT PURPOSE TO AMEND THE COURTS OF JUSTICE ACTS, 1924 TO 1931, AND OTHER ENACTMENTS. [28th November, 1936.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PART I. Preliminary and General. Short title and citation. 1.—(1) This Act may be cited as the Courts of Justice Act, 1936. (2) The Courts of Justice Acts, 1924 to 1931, and this Act may be cited together as the Courts of Justice Acts, 1924 to 1936. The Principal Act. 2.—In this Act the expression “the Principal Act” means the Courts of Justice Act, 1924 (No. 10 of 1924). and, save where the context otherwise requires, shall be construed as referring to that Act as amended or extended by subsequent Acts. Repeals. 3.—The enactments specified in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule and, in regard to the enactments specified in Part I of the said Schedule, as from the passing of this Act and, in regard to the enactments specified in Part II of the said Schedule, as from the commencement of Part IV of this Act. PART II. The Supreme Court and the High Court. Increase in number of judges of the Supreme Court. 4.—(1) So much of section 5 of the Principal Act as enacts that the Supreme Court shall consist of three judges is hereby repealed, and in lieu thereof it is hereby enacted that the Supreme Court shall consist of five judges, of whom the president shall be the Chief Justice. (2) The provisions of Part I of the Principal Act in relation to the Supreme Court and the judges thereof (including the provisions of section 5 thereof in relation to the respective titles of the Chief Justice and of each of the other judges) shall, save as expressly repealed by this section, continue to apply and have effect notwithstanding the increase made by this section in the number of the said judges. (3) Notwithstanding the increase made by this section in the number of the judges of the Supreme Court, any appeal to or other matter cognisable by the Supreme Court may be heard and determined by such number, not less than three nor more than five, of the judges of the Supreme Court (including judges who are, by virtue of section 6 or section 7 of the Principal Act, additional judges of the Supreme Court) as the Chief Justice or in his absence, the senior ordinary judge of the Supreme Court for the time being available shall determine in respect of each such appeal or other matter. (4) Section 2 of the Courts of Justice Act, 1928 (No. 15 of 1928), is hereby amended by the deletion of all words from the words “or in the event” where they secondly occur to the end of the section and the substitution therefor of the words “who is for the time being available”, and the said section shall be construed and have effect accordingly. (5) This section shall come into operation on such day as the Executive Council shall by order fix for that purpose. Sitting of Supreme Court judges in the High Court. 5.—(1) Whenever, owing to the illness of a judge of the High Court or for any other reason, the full number of the judges of that Court is not available for the transaction of the business thereof or, on account of the volume of business to be transacted in the High Court or for any other reason arising from the state of business in that Court, it is expedient to increase temporarily the number of judges available for the purposes of the High Court, the Chief Justice may request any ordinary judge or judges of the Supreme Court to sit in the High Court as an additional judge thereof, and every judge of the Supreme Court so requested shall sit in the High Court. (2) Whenever an ordinary judge of the Supreme Court sits in the High Court in pursuance of this section he shall be an additional judge of the High Court for all the purposes of that Court. (3) No ordinary judge of the Supreme Court who holds office as such judge at the passing of this Act shall be required by virtue of this section to sit in the High Court save with his own consent. Qualification of judge of the High Court for appointment as judge of the Supreme Court. 6.—It is hereby enacted and declared that a judge of the High Court shall be and be deemed always to have been qualified for appointment as a judge of the Supreme Court. The Judicial Commissioner of the Irish Land Commission. 7.—(1) Every judge of the High Court who, at any time after the commencement of Part I of the Principal Act and before the passing of this Act, discharged the office of Judicial Commissioner of the Irish Land Commission shall be deemed to have been, while so discharging such office, duly assigned in manner prescribed by law within the meaning of section 3 of the Land Law (Commission) Act, 1923 (No. 27 of 1923), to discharge that office. (2) The President of the High Court shall, from time to time as occasion requires, assign a judge of the High Court to discharge the office of Judicial Commissioner of the Irish Land Commission, and the President of the High Court may, whenever he thinks proper so to do, terminate any such assignment previously made by him. (3) The President of the High Court may, whenever the judge for the time being assigned by him under the next preceding sub-section of this section to discharge the office of Judicial Commissioner of the Irish Land Commission is temporarily unable owing to other public duties or services temporarily imposed on him or on account of illness or for any other sufficient cause to discharge the duties of the said office, assign temporarily (without terminating the assignment of the said judge) another judge of the High Court to discharge during such inability the said office. (4) Every judge of the High Court who shall be assigned under this section to discharge the office of Judicial Commissioner of the Irish Land Commission (including a judge so assigned temporarily) shall be deemed to be so assigned in manner prescribed by law within the meaning of section 3 of the Land Law (Commission) Act, 1923 (No. 27 of 1923), and that section shall apply and have effect accordingly. Pensions of judges of the High Court and the Supreme Court. 8.—Where a person in receipt of a pension under section 14 of the Principal Act is employed in a situation remunerated out of moneys provided by the Oireachtas, 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 (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. Transfer of certain jurisdictions from Chief Justice to High Court. 9.—(1) The jurisdiction which, was transferred to and vested in the Chief Justice by sub-section (1) of section 19 of the Principal Act shall, on the appointed day, become and be transferred to the High Court and shall thenceforth be exercised by the President of the High Court or, if and whenever the said President so directs, by an ordinary judge of the High Court for the time being assigned in that behalf by the said President. (2) As on and from the appointed day— (a) references in the Lunacy Regulation (Ireland) Act, 1871 , and the Acts amending the same and any rules and orders made thereunder to “the Lord Chancellor entrusted as aforesaid” shall, notwithstanding anything contained in section 3 of the Courts of Justice Act, 1928 (No. 15 of 1928), be construed and have effect as references to the judge of the High Court for the time being exercising the jurisdiction transferred to the High Court by this section, and (b) the powers conferred on the Chief Justice by section 4 of the Courts of Justice Act, 1928 , shall become and be transferred to and exercisable by the President of the High Court. (3) Unless or until otherwise provided by the Oireachtas, the office of the Registrar to the Chief Justice shall, on and after the appointed day, continue to exist and be constituted as it exists and is constituted immediately before the appointed day, save that on and after the appointed day— (a) the said office shall be styled and known as the Office of Wards of Court, and (b) the Registrar to the Chief Justice shall be styled and known as the Registrar of Wards of Court, and (c) the said office shall cease to be attached to the Chief Justice and shall become and be attached to the President of the High Court, but shall not be or become an office attached to the High Court within the meaning of the Court Officers Act, 1926 (No. 27 of 1926), and shall not be or become subject to the superintendence or control of the Master of the High Court, and (d) all jurisdictions and powers in relation to the said office and the said Registrar respectively which are, immediately before the appointed day, exercisable by the Chief Justice shall become and be exercisable by the Judge of the High Court who is for the time being exercising the jurisdiction transferred to the High Court by this section, and (e) no business relating to the exercise of the jurisdictions which were transferred to and vested in the Chief Justice by sub-sections (2) and (3) of section 19 of the Principal Act shall be transacted in the said office. (4) On and after the appointed day— (a) all such business in relation to the exercise of the jurisdictions which were transferred to the Chief Justice by sub-sections (2) and (3) of section 19 of the Principal Act as was transacted in the office of the Registrar to the Chief Justice before the appointed day shall be transferred to and transacted in the office of the Registrar of the Supreme Court, and (b) 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 said jurisdictions which were transferred to him by sub-sections (2) and (3) of section 19 of the Principal Act, and (c) the Registrar of the Supreme Court shall be subject to the directions of the Chief Justice in regard to the transaction of the business transferred to the Registrar of the Supreme Court by this sub-section. (5) The Minister for Justice may, by order made after consultation with the Chief Justice and the President of the High Court, appoint a day not later than six months after the passing of this Act to be the appointed day for the purposes of this section. (6) On and after the appointed day, the authority for the time being having power to make rules of court in relation to the High Court shall be the rule-making authority in relation to the jurisdiction transferred to the High Court by this section, and for that purpose the exercise of that jurisdiction shall be included in the business of the High Court. Appeals against fishery bye-laws. 10.—(1) The appeal under sub-section (4) of section 28 of the Fisheries Act, 1925 (No. 32 of 1925), against a bye-law, definition, rule, regulation, or order shall lie to the High Court in lieu of the court constituted under that sub-section and the High Court shall have, in respect of every such appeal, all the powers conferred by the said sub-section on the said court constituted thereunder. (2) An appeal to the High Court by virtue of this section may be heard by one or by two or more judges of the High Court as may be convenient, and the order of the High Court on any such appeal shall be final and conclusive and not appealable. (3) Sub-section (5) of the said section 28 of the Fisheries Act, 1925 , shall apply to every order of the High Court on an appeal by virtue of this section in like manner as the said sub-section applies to the orders mentioned therein. Remittal and transfer of actions by the High Court. 11.—(1) An application under section 25 of the Principal Act for the remittal or transfer of an action pending in the High Court may be made at any time after an appearance is entered therein and before service of notice of trial therein and, where the summons in such action is required by rules of court to be set down for hearing before the Master of the High Court, notwithstanding that such summons has not been so set down. (2) Notwithstanding anything contained in section 25 of the Principal Act the following provisions shall have effect in relation to the remittal or transfer of actions under that section, that is to say:— (a) an action shall not be remitted or transferred under the said section if the High Court is satisfied that, having regard to all the circumstances, and notwithstanding that such action could have been commenced in the Circuit Court, it was reasonable that such action should have been commenced in the High Court; (b) an action for the recovery of a liquidated sum shall not be remitted or transferred under the said section unless the plaintiff consents thereto or the defendant either satisfies the High Court that he has a good defence to such action or some part thereof or discloses facts which, in the opinion of the High Court, are sufficient to entitle him to defend such action. Limitation on amount of plaintiff's costs in certain High Court actions. 12.—(1) The following provisions shall have effect in relation to the amount of the costs recoverable by the plaintiff in an action commenced and heard in the High Court, that is to say:— (a) in any action of tort or of breach of promise of marriage, where the amount of the damages recovered by the plaintiff is not less than one hundred pounds and not more than three hundred pounds the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been brought in the Circuit Court, unless the judge hearing the action grants a special certificate under this section; (b) in any action of tort or of breach of promise of marriage, where the amount of the damages recovered by the plaintiff is less than one hundred pounds the plaintiff shall not be entitled to recover more costs than whichever of the following amounts is the lesser, that is to say, the amount of such damages or the amount of costs which he would have been entitled to recover if the action had been brought in the Circuit Court, unless the judge hearing the action grants a special certificate under this section; (c) in any action founded on contract (other than actions for the recovery of a liquidated sum) or for damages for breach of contract (other than for breach of promise of marriage), where the amount recovered by the plaintiff does not exceed three hundred pounds the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been brought in the Circuit Court unless the judge hearing such action grants a special certificate under this section; (d) in any action for the recovery of a liquidated sum, where the amount recovered by the plaintiff exceeds one hundred pounds but does not exceed three hundred pounds the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been brought in the Circuit Court, unless the judge hearing such action grants a special certificate under this section; (e) in any action for the recovery of a liquidated sum, where the amount recovered by the plaintiff exceeds twenty-five pounds but does not exceed one hundred pounds, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been brought in the Circuit Court; (f) in any action for the recovery of a liquidated sum, where the amount recovered by the plaintiff does not exceed twenty-five pounds the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been brought in the District Court; (g) in any action of ejectment, where such action is within the jurisdiction of the Circuit Court the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been brought in the Circuit Court, unless the judge hearing such action grants a special certificate under this section. (2) In any action referred to in the next preceding sub-section of this section in relation to which the grant of a special certificate by the judge is mentioned, the judge hearing such action may, on the application of the plaintiff, grant a special certificate in writing that, in the opinion of such judge, it was reasonable, owing to the substantial or important nature of the action or the importance of any question of law involved therein that the action should have been commenced in the High Court. (3) It shall not be lawful for rules of court to contain or impose any restriction on the amount of the costs recoverable by any party from any other party in any action or other proceeding, but nothing in this sub-section shall prevent the insertion in rules of court of a restriction on the amount of the costs recoverable which is identical with a restriction imposed by this section nor the fixing by rules of court of the amount recoverable by any person as and for the costs and expenses incurred by him in the doing of any specified thing in any particular form of action or other proceeding. PART III. The Circuit Court. Increase of number of circuits. 13.—(1) As soon as conveniently may be after the passing of this Act the Executive Council shall by order do all of the following things, that is to say:— (a) appoint a day to be the appointed day for the purpose of this section; (b) divide the several counties and county boroughs in Saorstát Eireann into nine convenient groups (in this section referred to as circuits) for the purposes of the Circuit Court, but subject to the limitations that one such circuit (to be known as the Dublin Circuit) shall consist of the county borough of Dublin and the county of Dublin, and that no county or county borough shall be divided between two or more circuits; (c) attach to every circuit, other than the Dublin Circuit, a convenient name or a number by which such circuit shall be known; (d) assign to the Dublin Circuit two of the judges of the Circuit Court holding office on the appointed day; (e) assign to each of the circuits other than the Dublin Circuit one of the judges of the Circuit Court holding office on the appointed day. (2) If at the making by the Executive Council of their order under the first sub-section of this section a vacancy exists amongst the judges of the Circuit Court, the said order may be expressed and, if so expressed, shall operate to assign to a circuit the judge who shall be appointed to fill that vacancy, and if a judge assigned by such order to a circuit vacates his office by death or otherwise before the appointed day such order shall operate to assign to such circuit the judge who is appointed (whether before or after the appointed day) to fill the place of the judge so vacating his office. (3) On the appointed day the division of Saorstát Eireann into circuits effected by Part II of the Principal Act and the Schedule to that Act shall cease to have effect and the order made by the Executive Council under the first sub-section of this section shall come into operation and have effect and the circuits created by that order shall for the purposes of the Courts of Justice Acts, 1924 to 1931, and this Act be substituted for the circuits mentioned in the Schedule to the Principal Act and all references in the Courts of Justice Acts, 1924 to 1931, and this Act to circuits in relation to the Circuit Court shall be construed and have effect accordingly. (4) On the appointed day, sub-section (2) of section 9 of the Courts of Justice Act, 1928 (No. 15 of 1928), shall cease to have effect. (5) In this section, the expression “the appointed day” means the day appointed by the Executive Council under this section to be the appointed day for the purposes of this section. Appointment of persons to act temporarily as additional judges of the Circuit Court. 14.—(1) Whenever it appears to the Executive Council that, owing to the temporary absence from duty for any cause of a judge of the Circuit Court, or an unusual and temporary increase in the business of the Circuit Court on any circuit, or any other cause, it is necessary, in order to prevent the work of the Circuit Court getting into arrear either generally or on any particular circuits or circuit, to increase temporarily the number of the judges of the Circuit Court, one or more persons who are practising barristers of at least ten years' standing at the date of appointment may be appointed to act as a judge or judges of the Circuit Court for such period as the Executive Council shall think proper in respect of each such person. (2) Every person appointed under this section to act as a judge of the Circuit Court may, during the period for which he is so appointed, be assigned by the Minister for Justice from time to time as occasion requires to any circuit, and every person shall while so assigned to a circuit have, in relation to such circuit and concurrently with the judge permanently assigned to such circuit and any judge temporarily assigned under section 9 of the Courts of Justice Act, 1928 (No. 15 of 1928), to such circuit, all the privileges, powers and duties for the time being conferred or imposed by law on the judge permanently assigned to such circuit. (3) Every person appointed under this section to act as a judge of the Circuit Court shall, during the period for which he is so appointed, be paid out of moneys provided by the Oireachtas such remuneration as the Minister for Justice shall, with the sanction of the Minister for Finance, determine. Assignment of Circuit Judges to circuits. 15.—(1) Every person who is appointed to be a judge of the Circuit Court shall— (a) so long as sub-section (2) of section 9 of the Courts of Justice Act, 1928 (No. 15 of 1928), continues to have effect, be so appointed either to be the judge permanently assigned to a particular circuit or to be a judge who may, by virtue of the said sub-section (2), be temporarily assigned by the Minister for Justice to any circuit, and (b) after the said sub-section (2) has ceased to have effect, be so appointed to be the judge assigned to a particular circuit. (2) So long as the said sub-section (2) of section 9 of the Courts of Justice Act, 1928 , continues to have effect, the Executive Council may assign permanently to any circuit a judge of the Circuit Court who is for the time being a judge of that Court liable, by virtue of the said sub-section (2), to be temporarily assigned by the Minister for Justice to any 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 Executive Council to another circuit, and shall upon such transfer become and be permanently assigned to such other circuit in lieu of the first-mentioned circuit. Temporary assignment of a judge outside his own circuit. 16.—(1) The Minister for Justice may at any time, with the consent of the judge concerned, temporarily assign to any circuit (whether there is or is not a judge permanently assigned thereto) any judge of the Circuit Court who is permanently assigned to another circuit. (2) A judge of the Circuit Court who is temporarily assigned under this section to a circuit shall, while so temporarily assigned, have in relation to such circuit and concurrently with the judge (if any) permanently assigned to such circuit and any judge temporarily assigned thereto under section 9 of the Courts of Justice Act, 1928 (No. 15 of 1928), all the privileges, powers, and duties for the time being conferred or imposed by law on the judge permanently assigned to such circuit. (3) The temporary assignment under this section of a judge to a circuit shall not terminate or effect the permanent assignment of such judge to the circuit to which he is for the time being permanently assigned nor deprive or relieve him of any of the privileges, powers, and duties vested in or imposed on him by virtue of such permanent assignment. Pensions of judges of the Circuit Court. 17.—Where a person in receipt of a pension under section 41 of the Principal Act is employed in a situation remunerated out of moneys provided by the Oireachtas, 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 (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. Cesser of jurisdiction of the Circuit Court in winding-up of companies. 18.—(1) The jurisdiction in the winding-up of companies which, immediately before the passing of this Act, was exercisable by the Circuit Court shall, on the passing of this Act, cease to be exercisable by that Court. (2) Every proceeding for the winding-up of a company which was commenced in the Circuit Court before and is pending in that Court at the passing of this Act may be proceeded with and completed as if this section had not been enacted. Transfer of action from one circuit to another circuit. 19.—Where an action is pending before a judge for the time being assigned to a particular circuit and application is made by any party to such action for the transfer of such action to another circuit for hearing before the judge 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 in such other circuit by such other judge. Jurisdiction of Circuit Court in certain remitted actions. 20.—Where an action claiming unliquidated damages is remitted or transferred by the High Court to the Circuit Court, the Circuit Court shall have jurisdiction to award damages in excess of three hundred pounds. Power to strike out with costs actions in excess of jurisdiction. 21.—(1) Where an action is brought in the Circuit Court which that Court has not jurisdiction to hear and determine, the judge shall, on the application of the defendant or one of the defendants or on his own motion, as soon as such want of jurisdiction becomes apparent (unless such consent as may be sufficient to cure such want of jurisdiction is duly lodged within such time as the judge shall allow) order the action to be struck out and may, if he thinks proper, make an order awarding to the defendant such costs as the Court could have awarded if it had had jurisdiction to hear and determine such action and the plaintiff: either had not appeared or had appeared and failed to prove his demand. (2) Whenever a judge of the Circuit Court is required by the foregoing sub-section of this section to order an action to be struck out, such judge may, if he so thinks proper having regard to all the circumstances of the case, in lieu of making such order as aforesaid, transfer such action to the High Court and make such order as to the costs of the proceedings theretofore had in the Circuit Court as shall appear to him to be proper. Case stated by judge of the Circuit Court. 22.—A judge of the Circuit Court shall, if an application in that behalf is made by any party to any matter pending before him and all other parties to such matter consent, refer any question of law arising in such matter to the Supreme Court by way of case stated for the determination of the Supreme Court unless such judge is of opinion that such question of law is not of sufficient importance to justify such reference. Right to abandon excess in Circuit Court. 23.—(1) No cause of action for a liquidated sum in excess of three hundred pounds shall be split or divided, so as to be made the ground of two or more different actions, in order to bring such action within the jurisdiction of the Circuit Court and, if any cause of action is so split or divided, proceedings shall not (save as is authorised by the next following sub-section of this section) be sustainable in the Circuit Court in respect of any portion of such cause of action. (2) A person having a cause of action for a liquidated sum in excess of three hundred pounds may institute one proceeding in the Circuit Court founded on such cause of action if the amount claimed in such proceeding does not exceed three hundred pounds and it is stated in the document originating such proceeding that the plaintiff thereby abandons all claims founded on such cause of action and not included in such proceeding. (3) If in any such proceeding as is authorised by the next preceding sub-section of this section the Court gives judgment in favour of the plaintiff, the Court shall state in such judgment that the amount thereby awarded to the plaintiff is in full satisfaction of all claims which, in pursuance of the said sub-section, are stated in the document originating such proceeding to be thereby abandoned by the plaintiff. Duration of judgments of the Circuit Court. 24.—Every judgment made (whether before or after the passing of this Act) by the Circuit Court in a civil proceeding shall continue and, in the case of any such judgment made before the passing of this Act, be deemed always to have continued to be in force and to have effect for so long as such judgment would so continue or have so continued if it had been a judgment of the High Court. Confirmation of grant of new licence. 25.—Where the Circuit Court grants under section 50 of the Principal Act a new licence for the sale of intoxicating liquor for consumption on the premises, such licence shall, notwithstanding anything contained in any enactment, not require confirmation at any subsequent sitting of the Circuit Court. Amendment of section 48 of the Principal Act. 26.— Section 48 of the Principal Act is hereby amended by the substitution, in paragraph (i) of the said section, of the words “either before or at any time during the hearing” for the words “before the hearing” now contained therein, and the said section shall be construed and have effect accordingly. Amendment of section 52 of the Principal Act. 27.—Notwithstanding anything contained in paragraph (vi) of section 52 of the Principal Act, any action founded on tort which is within the jurisdiction of the Circuit Court may be brought, heard, and determined (at the election of the plaintiff) either before and by the judge mentioned in the said paragraph (vi) or before and by the judge of the Circuit Court for the time being assigned to the circuit wherein the tort was alleged to have been committed. PART IV. Appeals From The Circuit Court. Commencement of this Part of this Act. 28.—This Part of this Act shall come into operation on such date as shall be fixed in that behalf by the Minister for Justice by order made after consultation with the President of the High Court. “The Dublin Circuit.” 29.—In this Part of this Act the expression “the Dublin Circuit” means the circuit which consists of the county of Dublin and the county borough of Dublin. Appeals from the Circuit Court in workmen's compensation cases. 30.—Nothing in this Part of this Act shall apply to appeals from decisions of the Circuit Court under the Workmen's Compensation Act, 1934 (No. 9 of 1934), nor prejudice or affect the provisions of that Act in respect of such appeals. Finality of decision of Circuit Court in certain cases. 31.—(1) Notwithstanding anything contained in this Part of this Act, no appeal shall lie from any judgment or order of the Circuit Court in any civil action or matter which is final and conclusive by virtue of an Act of the Oireachtas whether passed before or after this Act, nor from any judgment or order of the Circuit Court made on a petition to the Circuit Court under section 6 of the Labourers (Ireland) Act, 1906, or under the Sixth Schedule to the Local Government Act, 1925 (No. 5 of 1925). (2) Notwithstanding anything contained in this Part of this Act, no appeal shall lie from any decision of the Circuit Court on an appeal to that Court under an enactment relating to a tax or duty under the care and management of the Revenue Commissioners, save only such (if any) appeal (including an appeal by way of case stated) as may lie under any such enactment as aforesaid in force immediately before the commencement of this Part of this Act. (3) Notwithstanding anything contained in this Part of this Act, no appeal shall lie from any decision of the Circuit Court on an appeal to that Court under the Valuation Acts, but in lieu of such appeal the right to a case stated conferred by sections 10 and 11 of the Annual Revision of Rateable Property (Ireland) Amendment Act, 1860, shall, on the commencement of this Part of this Act, become and be exerciseable and the said sections 10 and 11 and also section 12 (to the words “case under this Act”) of the same Act, as adapted or modified by or under any Act passed before this Act, shall, as on and from such commencement, have full force and effect with and subject to the following modifications, that is to say:— (a) references to a court of general or quarter sessions shall be construed as references to the Circuit Court, and (b) references to the chairman of a court of general or quarter sessions shall be construed as references to the judge of the Circuit Court, and (c) references to a superior court of law shall be construed as references to the High Court, and (d) the decision of the High Court shall be subject to appeal to the Supreme Court. Appeal towns. 32.—(1) Each city and town specified in the first column of the Second Schedule to this Act shall be an appeal town for the purposes of this Part of this Act. (2) In this Part of this Act the expression “the appeal town” means, in relation to any county or county borough specified in the second column of the Second Schedule to this Act, the city or town specified in the first column of the said Schedule opposite the mention of such county or county borough. High Court Circuits. 33.—(1) At or before the commencement of this Part of this Act, the Minister for Justice shall by order, made after consultation with the President of the High Court, group the several counties and county boroughs (other than the county of Dublin and the county borough of Dublin) in Saorstát Eireann into such and so many High Court Circuits as he thinks proper. (2) At any time after the commencement of this Part of this Act, the Minister for Justice may by order, made after consultation with the President of the High Court, either— (a) alter the number of High Court Circuits and make such redistribution of the several counties and county boroughs (other than the county of Dublin and the county borough of Dublin) amongst the several High Court Circuits as he shall think proper having regard to such alteration of the number of such circuits, or (b) without altering the number of the High Court Circuits, make such variation as he thinks proper of the distribution of the several counties and county boroughs (other than the county of Dublin and the county borough of Dublin) amongst such circuits. (3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House shall, within the next twenty-one days on which such House sits after such order is laid before it, pass a resolution annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. The High Court on Circuit. 34.—(1) Twice in every year the High Court shall sit in every county and county borough (other than the county of Dublin and the county borough of Dublin) in Saorstát Eireann to hear appeals from the Circuit Court and to transact such other business as shall lawfully be brought before it, and for that purpose one or more judges of the High Court shall, at the times appointed under this section, travel each High Court Circuit and hold a sitting of the High Court in every appeal town in such circuit. (2) The High Court when sitting in an appeal town in pursuance of this section shall be known and is in this Act referred to as the High Court on Circuit, and the sittings of the High Court in any such appeal town in pursuance of this section shall be known and are in this Act referred to as sittings of the High Court on Circuit. (3) The half-yearly sittings of the High Court on Circuit in the respective High Court Circuits shall, so far as is practicable, take place simultaneously in all the High Court Circuits, and shall be held at intervals of time as nearly equal as is convenient having regard to all the circumstances, but in the calculation of such intervals the months of August and September shall not be counted. (4) The Chief Justice and the President of the High Court shall jointly determine, in respect of each half-yearly sittings of the High Court on Circuit, the number of judges who shall travel and sit on each High Court Circuit for the purposes of such sittings and the day and hour at which such sittings shall commence in each appeal town on each such Circuit. (5) Save so far as may be rendered necessary by unforeseen events occurring during the half-yearly sittings of the High Court on Circuit, the High Court shall not at any one time sit for the purposes of such sittings in more than one appeal town on any one High Court Circuit. The judges of the High Court on Circuit. 35.—(1) The President of the High Court shall, if and when he thinks proper, travel and sit as a judge of the High Court on Circuit, and every other judge of the High Court shall travel and sit as a judge of the High Court on Circuit when requested by the President of the High Court so to do. (2) Every ordinary judge of the Supreme Court shall travel and sit as a judge of the High Court on Circuit whenever requested by the Chief Justice so to do, and every such judge when so travelling and sitting shall be an additional judge of the High Court. (3) The Chief Justice and the President of the High Court, after such consultation as they think proper with the judges concerned, shall determine, in respect of every half-yearly sittings of the High Court on Circuit, the several judges of the Supreme Court and of the High Court who shall be requested to travel and sit for the purposes of such sittings and the particular judge or judges who shall so travel and sit on each High Court Circuit. (4) At any time during a half-yearly sittings of the High Court on Circuit, the Chief Justice and the President of the High Court, after consultation with the judges concerned, may make such rearrangement of the judges travelling and sitting for the purposes of such sittings and their allocation to particular High Court Circuits as may have become necessary or desirable owing to unforeseen circumstances. Commissioners of the High Court on Circuit. 36.—(1) Whenever before or during a half-yearly sittings of the High Court on Circuit the Executive Council is satisfied, on representations made by the Chief Justice and the President of the High Court, that for any reason the number of judges of the Supreme Court and of the High Court available for travelling and sitting for the purposes of such half-yearly sittings is or has become insufficient for those purposes, a practising barrister of not less than twelve years' standing may be appointed to be a Commissioner of the High Court on Circuit for the purposes of those half-yearly sittings. (2) Every Commissioner of the High Court on Circuit shall, during the half-yearly sittings or the remainder of the half-yearly sittings (as the case may be) of the High Court on Circuit for the purposes of which he is appointed, be an additional judge of the High Court and be entitled to the privileges and immunities of a judge of the High Court, but shall not sit or act as such judge elsewhere than in the High Court on Circuit. (3) Every Commissioner of the High Court on Circuit shall travel and sit on such High Court Circuit as shall be determined by the Chief Justice and the President of the High Court. (4) Every Commissioner of the High Court on Circuit shall receive out of moneys provided by the Oireachtas such remuneration as the Minister for Justice, with the sanction of the Minister for Finance, shall determine. Appeals from the Circuit Court in civil cases heard without oral evidence. 37.—(1) An appeal shall lie to the High Court sitting in Dublin from every judgment given or order made (other than judgments and orders in respect of which it is declared by this Part of this Act that no appeal shall lie therefrom) by the Circuit Court in any civil action or matter at the hearing or for the determination of which no oral evidence was given. (2) Every appeal under this section to the High Court shall be heard and determined by one judge of the High Court sitting in Dublin and shall be so heard by way of rehearing of the action or matter in which the judgment or order the subject of such appeal was given or made, but no evidence which was not given and received in the Circuit Court shall be given or received on the hearing of such appeal without the special leave of the judge hearing such appeal. Appeals from the Circuit Court in cases not otherwise provided for. 38.—(1) An appeal shall lie from every judgment or order (other than judgments and orders in respect of which it is declared by this Part of this Act that no appeal shall lie therefrom and judgments and orders in respect of which other provision in relation to appeals is made by this Part of this Act) of the Circuit Court in a civil action or matter— (a) where such judgment or order is given or made by a judge of the Circuit Court for the time being assigned to and sitting in the Dublin Circuit, to the High Court sitting in Dublin, and (b) in every other case, to the High Court on Circuit sitting in the appeal town for the county or county borough in which the action or matter resulting in such judgment or order was heard and determined. (2) Every appeal under the section shall be heard and determined by one judge of the High Court and shall be so heard by way of a rehearing of the action or matter in which the judgment or order the subject of such appeal was given or made. (3) The judge hearing an appeal under this section may, if he so thinks proper on the application of any party to such appeal, refer any question of law arising in such appeal to the Supreme Court by way of case stated for the determination of the Supreme Court and may adjourn the pronouncement of his judgment or order on such appeal pending the determination of such case stated and, in particular, may so adjourn such pronouncement to Dublin and there pronounce his said judgment or order at any time after such determination. (4) In the case of an appeal under this section to the High Court on Circuit, the judge hearing such appeal may if he so thinks fit, at any stage of the hearing of such appeal, adjourn the hearing or any part of the hearing of such appeal or the pronouncement of his judgment or order on such appeal to any other appeal town on the same Circuit or to Dublin and there hear and determine such appeal or part thereof or pronounce such judgment or order, as the case may be. Finality of decisions on appeals under this Part of this Act. 39.—The decision of the High Court or of the High Court on Circuit on an appeal under this Part of this Act shall be final and conclusive and not appealable. Miscellaneous provisions in relation to appeals. 40.—The following provisions shall apply and have effect in relation to all appeals under this Part of this Act to the High Court sitting in Dublin or to the High Court on Circuit, that is to say:— (a) any such appeal may be limited to a specified part of the judgment or order which is the subject of such appeal; (b) where there are several plaintiffs or several defendants, any one or more of such plaintiffs or such defendants (as the case may be) may appeal although the other or others of such plaintiffs or defendants refuse to join in such appeal; (c) where there are several appellants or several respondents, and one or more but not all of such appellants or of such respondents dies or die before such appeal is determined, such appeal shall not abate by reason of such death or deaths; (d) every notice in writing given by any party to the suit or matter to another such party for the purposes of the trial or hearing in the Circuit Court shall be good for the hearing of the appeal without renewal; (e) the judge hearing the appeal shall have full powers of amendment in respect of summonses, civil bills, pleadings, notices, and other documents. Non-availability of suitable courthouse accommodation. 41.—(1) Whenever suitable courthouse accommodation is, for some temporary reason, not available in an appeal town for the purposes of a particular sitting of the High Court on circuit in that appeal town, the judge or judges assigned to sit in such appeal town for the purposes of such sitting may adjourn such sitting to any other convenient place (in the same or another county) at which suitable courthouse accommodation is available, and may so adjourn such sitting at any time after it comes to his or their knowledge that such courthouse accommodation is not or will not be available in such appeal town, and whether such judge has or has not, or such judges have or have not, entered such appeal town for the purposes of such sitting. (2) Whenever, during a sitting of the High Court on circuit in an appeal town, suitable courthouse accommodation ceases to be available in such appeal town for the purposes of such sitting or the courthouse accommodation available in such appeal town becomes or is found to be unsuitable for the purposes of such sitting, the judge or judges sitting in such appeal town for the purposes of such sitting may adjourn the remainder of such sitting to any other convenient place (whether in the same or another county) at which suitable courthouse accommodation is available. (3) Whenever a sitting or any part of a sitting of the High Court on circuit is adjourned under this section from an appeal town, the place to which such sitting or part of a sitting is so adjourned shall become and be the appeal town within the meaning of this Act for the holding of such sitting or part of a sitting, and such sitting or part of a sitting shall be held at such place accordingly. Registrars to the High Court on Circuit. 42.—(1) In every county and county borough (other than the county of Dublin and the county borough of Dublin) the county registrar for such county or county borough shall act as registrar to the High Court on Circuit when sitting in such county or county borough, and shall perform and fulfil such other duties and functions in relation to that Court as shall be assigned to him by Rules of Court. (2) It shall be lawful for the Minister for Justice, whenever he shall think proper so to do after consultation with the President of the High Court, to direct one or more of the officers for the time being serving in the Central Office of the High Court to travel to a particular appeal town for a particular sitting of the High Court on circuit in that appeal town and there perform such duties as are mentioned in that behalf in this section. (3) It shall be lawful for the Minister for Justice, whenever he shall think proper so to do after consultation with the Chief Justice, to direct one or more of the officers for the time being serving in the Office of the Registrar of the Supreme Court to travel to a particular appeal town for a particular sitting of the High Court on circuit in that appeal town and there perform such duties as are mentioned in that behalf in this section. (4) Every officer who is directed under this section to travel to an appeal town for a sitting of the High Court on circuit shall travel to such appeal town in accordance with such directions and shall there act as registrar (in addition to the county registrar) to the High Court on circuit during the said sitting of that Court, and shall be and stay in such appeal town for such time before, during, and after such sitting as shall be necessary for the proper discharge of his duties as such registrar. (5) Every officer travelling to and staying in an appeal town in pursuance of this section shall receive, out of moneys provided by the Oireachtas, such travelling expenses and subsistence allowance in respect of such travelling and staying as the Minister for Justice shall, with the sanction of the Minister for Finance, from time to time direct. Servants of judges of the High Court on Circuit. 43.—There shall be attached to every judge travelling and sitting as a judge of the High Court on Circuit and to every Commissioner of the High Court on Circuit one servant to perform such duties in relation to such judge or commissioner while travelling and sitting as such judge or commissioner as the Minister for Justice may appoint, and every such servant shall be appointed by the said Minister and shall hold office on such terms and conditions and receive out of moneys provided by the Oireachtas such remuneration and travelling expenses as the said Minister, with the sanction of the Minister for Finance, shall determine. Provision of accommodation for judges of the High Court on circuit. 44.—(1) On the occasion of every sitting of the High Court on circuit in an appeal town, it shall be the duty of the county registrar within whose functional area such appeal town is situate to arrange for the provision of suitable lodgings, meals, and other accommodation for the judges (including commissioners of the High Court on circuit) constituting the said Court at such sitting and for the servants attached to each such judge or commissioner in pursuance of this Part of this Act while they respectively are in such appeal town for the purposes of their duties as such judges, commissioners, or servants. (2) All expenses incurred in the provision of accommodation for judges (including commissioners) of the High Court on circuit and their servants in pursuance of this section shall, to such extent as the Minister for Justice, with the sanction of the Minister for Finance, shall determine, be paid out of moneys provided by the Oireachtas. Pending appeals. 45.—The following provisions shall have effect in relation to appeals from judgments and orders of the Circuit Court in civil cases given or made before the commencement of this Part of this Act, that is to say:— (a) if notice of appeal from such judgment or order was lawfully served before such commencement, the appeal from such judgment or order shall, if all parties so consent, be heard and determined under and in accordance with this Part of this Act, but if any party does not so consent such appeal shall be heard and determined as if this Part of this Act had not come into operation; (b) if notice of appeal from such judgment or order is lawfully served after such commencement, the appeal from such judgment or order shall be heard and determined under and in accordance with this Part of this Act. PART V. The District Court. Assignment of justices to districts. 46.—(1) Every person who is appointed to be a justice of the District Court shall be so appointed to be the justice assigned to a particular district. (2) Any justice of the District Court may at any time, if he so consents but not otherwise, be transferred by the Minister for Justice from the district to which he is then assigned to another district and shall upon such transfer become and be assigned to such other district in lieu of the first-mentioned district. (3) Nothing in this section shall apply to persons appointed under section 76 of the Principal Act to be temporary assistant justices of the District Court, or appointed under section 13 of the Courts of Justice Act, 1928 (No. 15 of 1928), to be assistant justices of the District Court. …