Courts of Justice Act, 1936

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COURTS OF JUSTICE ACT, 1936.

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General Section

Section 1

Short title and citation.

Section 2

The Principal Act.

Section 3

Repeals.

PART II

The Supreme Court and The High Court

Section 4

Increase in number of judges of the Supreme Court.

Section 5

Sitting of Supreme Court judges in the High Court.

Section 6

Qualification of judge of the High Court for appointment as judge of the Supreme Court.

Section 7

The Judicial Commissioner of the Irish Land Commission.

Section 8

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

Section 9

Transfer of certain jurisdictions from Chief Justice to High Court.

Section 10

Appeals against fishery bye-laws.

Section 11

Remittal and transfer of actions by the High Court.

Section 12

Limitation on amount of plaintiff's costs in certain High Court actions.

PART III

The Circuit Court

Section 13

Increase of number of circuits.

Section 14

Appointment of persons to act temporarily as additional judges of the Circuit Court.

Section 15

Assignment of Circuit Judges to circuits.

Section 16

Temporary assignment of a judge outside his own circuit.

Section 17

Pensions of judges of the Circuit Court.

Section 18

Cesser of jurisdiction of the Circuit Court in winding-up of companies.

Section 19

Transfer of action from one circuit to the another circuit.

Section 20

Jurisdiction of Circuit Court in certain remitted actions.

Section 21

Power to strike out with costs actions in excess of jurisdiction.

Section 22

Case stated by judge of the Circuit Court.

Section 23

Right to abandon excess in Circuit Court.

Section 24

Duration of judgements of the Circuit Court.

Section 25

Confirmation of grant of new licences.

Section 26

Amendment of section 48 of the Principal Act.

Section 27

Amendment of section 52 of the Principal Act.

PART IV

Appeals from the Circuit Court

Section 28

Commencement of this Part of this Act.

Section 29

“The Dublin Circuit.”

Section 30

Appeals from the Circuit Court in workmen's compensation cases.

Section 31

Finality of decision of Circuit Court in certain cases.

Section 32

Appeal towns.

Section 33

High Court Circuits.

Section 34

The High Court on Circuit.

Section 35

The judges of the High Court on Circuit.

Section 36

Commissioners of the High Court on Circuit.

Section 37

Appeals from the Circuit Court in civil cases heard without oral evidence.

Section 38

Appeals from the Circuit Court in cases not otherwise provided for.

Section 39

Finality of decisions on appeals under this Part of this Act.

Section 40

Miscellaneous provisions in relation to appeals.

Section 41

Non-availability of suitable courthouse accommodation.

Section 42

Registrars to the High Court on Circuit.

Section 43

Servants of judges of the High Court on Circuit.

Section 44

Provision of accommodation for judges of the High Court on circuit.

Section 45

Pending appeals.

PART V

The District Court

Section 46

Assignment of justices to districts.

Section 47

Power to extend retiring age of justices in Irish-speaking districts.

Section 48

Pension rights of justices of the District Court.

Section 49

Removal, etc., of justices of the District Court.

Section 50

Salary of assistant justice of the District Court.

Section 51

Appointment of persons to act temporarily as additional justices of the District Court.

Section 52

Amendment of section 77 of the Principal Act.

Section 53

Amendment of section 79 of the Principal Act.

Section 54

Justice of District Court acting for another justice at request of latter.

Section 55

Power of Circuit Court to release from recognisance.

Section 56

Amendment of section 83 of the Principal Act.

Section 57

Amendment of section 84 of the Principal Act.

Section 58

Amendment of section 18 of Courts of Justice Act, 1928.

Section 59

Appeals in licensing and club cases.

Section 60

Power to strike out with costs in cases of excess of jurisdiction.

Section 61

Duration of decree or dismiss of District Court.

Section 62

Power to Attorney-General to send forward for trial.

Section 63

Attendance of witnesses in civil cases.

Section 64

The Dublin Metropolitan Area and the Dublin district.

PART VI

Rules of Court

Section 65

Power of Minister for Justice to prescribe court fees.

Section 66

Fees under the Local Registration of Title (Ireland) Act, 1891.

Section 67

Superior Court Rules Committee.

Section 68

Rule making authorities under section 36 of the Principal Act.

Section 69

Circuit Court Rules Committee.

Section 70

Rule-making authority for the Circuit Court.

Section 71

District Court Rules Committee.

Section 72

Rule-making authority for the District Court.

Section 73

Local Registration of Title Rules Committee.

Section 74

Rules under the Local Registration of Title (Ireland) Act, 1891.

Section 75

Report by rule making committees.

PART VII

Miscellaneous Provisions

Section 76

Duration of imprisonment for non-payment of revenue penalty.

Section 77

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

Section 78

Liability of unsuccessful defendant for costs of successful defendant.

Section 79

Clearing of Court at certain trials.

Section 80

Person standing mute.

Section 81

Prohibition of imitation of court documents.

PART VIII

Amendment of Certain Enactments

Section 82

Amendment of section 53 of the Dublin Police Act, 1842.

Section 83

Amendment of the Fatal Accidents Act, 1846.

Section 84

Amendment of section 86 of the Probates and Letters of Administration Act (Ireland), 1857.

Section 85

Amendment of section 9 of the summary jurisdiction (Ireland) Amendment Act, 1871.

Section 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.

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.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Power to extend retiring age of justices in Irish-speaking districts.

47.—(1) Where a justice of the District Court, assigned to a district which includes an area in which the Irish language is in general use, is about to reach the age of retirement applicable to him by virtue of section 72 of the Principal Act and the Executive Council are satisfied that such justice possesses such knowledge of the Irish language as enables him to dispense with the assistance of an interpreter when evidence is given in that language and that such justice is not suffering from any physical or mental ill-health or disability which would render him unfit to continue to discharge efficiently the duties of his office, the Executive Council may, if they so think proper and notwithstanding anything contained in the said section 72 , by order made before such justice attains the said age continue such justice in office for such period (not exceeding five years) from and after he attains the said age as they shall think proper and shall specify in such order.

Pension rights of justices of the District Court.

48.—(1) Subject to the provisions of this section, every justice of the District Court who, after the passing of this Act, resigns or otherwise for any cause vacates his office after having completed thirty or more years of service shall be entitled for his life to a pension amounting to two-thirds of his salary at the time he so resigns or vacates his office.

(7)

Section 15

of the Principal Act shall apply to pensions payable under this section in like manner as it applies to the pensions mentioned in that section.

Removal, etc., of justices of the District Court.

49.—(1) The Chief Justice, the President of the High Court, and the Attorney-General shall constitute an advisory committee for the purposes of this section, and when acting as such committee shall have full power to inquire into and investigate in such manner as they think proper, whether by examination of witnesses or otherwise, any matters referred to them under this section or in regard to which they are authorised by this section to take action.

Salary of assistant justice of the District Court.

50.—(1) Whenever an assistant justice of the District Court appointed (whether before or after the passing of this Act) under section 13 of the Courts of Justice Act, 1928 (No. 15 of 1928), has or shall have completed five years' service as such assistant justice, the salary of eight hundred pounds per annum which he is entitled, under sub-section (4) of the said section 13, to receive shall become and be increased, as on and from the 1st day of April, 1936, or such completion (whichever is the later) to nine hundred pounds per annum.

Appointment of persons to act temporarily as additional justices of the District Court.

51.—(1) Whenever it appears to the Executive Council that, owing to the temporary absence from duty for any cause of a justice of the District Court or an unusual and temporary increase in the business of the District Court in any district or any other cause, it is necessary, in order to prevent the work of the District Court getting into arrear either generally or in any particular districts or district, to increase temporarily the number of the justices of the District Court, one or more persons who are practising barristers or solicitors of six years' standing at least at the date of appointment may be appointed to act as a justice or justices of the District Court for such period as the Executive Council shall think proper in respect of each such person.

Amendment of section 77 of the Principal Act.

52.—Paragraph A of section 77 of the Principal Act is hereby amended by the insertion at the end of the said paragraph of a new clause as follows, that is to say:— “(v) in proceedings at the suit of the council of a county, a county or other borough, or an urban district, or the commissioners of a town or a board of conservators of fisheries or a drainage board constituted under the Drainage Improvement of Land (Ireland) Acts, 1863 to 1892, for the recovery of any sum not exceeding twenty-five pounds in respect of rates due to such council, commissioners or board.”

Amendment of section 79 of the Principal Act.

53.—Notwithstanding anything contained in section 79 of the Principal Act— (a) any civil proceedings founded on contract which is within the jurisdiction of the District Court may be brought, heard, and determined (at the election of the plaintiff) either before and by the justice mentioned in that behalf in the said section 79 or before and by the justice for the time being assigned to the district wherein the contract is alleged to have been made, and (b) any civil proceedings founded on tort which is within the jurisdiction of the District Court may be brought, heard, and determined (at the election of the plaintiff) either before and by the justice mentioned in that behalf in the said section 79 or before and by the justice for the time being assigned to the district wherein the tort is alleged to have been committed, and (c) any civil proceedings in ejectment which is within the jurisdiction of the District Court may be brought, heard, and determined (at the election of the plaintiff) either before and by the justice mentioned in that behalf in the said section 79 or before and by the justice for the time being assigned to the district wherein the lands the subject of such proceedings are situate.

Justice of District Court acting for another justice at request of latter.

54.—(1) Where a justice of the District Court assigned to a particular district requests another justice of the District Court to exercise, during such period not exceeding seven days as such first-mentioned justice may specify, the privileges, powers, and duties for the time being conferred by law on such first-mentioned justice in relation to such district, such other justice may in addition to exercising the privileges, powers, and duties conferred by law on him in relation to the district to which he is for the time being assigned, exercise during the said period the privileges, powers, and duties for the time being conferred by law on such first-mentioned justice in relation to such first-mentioned district.

Power of Circuit Court to release from recognisance.

55.—Whenever an order is made by the District Court 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 recognisance in that behalf, such person may, at any time within one month after he has entered into such recognisance in accordance with such order, and on giving seven days' notice to the officer of the Gárda Síochána in charge of the district in which such person resides, apply in a summary manner to the judge of the Circuit Court within whose circuit the courthouse in which such order was made is situate to be released from the obligations imposed on him by such order and such recognisance respectively, and on the hearing of such application such judge may, if he so thinks proper, release such person from such obligations or modify in such manner as such judge thinks proper all or any of such obligations, and may make such release or modification either absolutely or subject to conditions and, in particular, subject to such person entering in the District Court into a new recognisance in lieu of such first-mentioned recognisance.

Amendment of section 83 of the Principal Act.

56.—Notwithstanding anything contained in section 83 of the Principal Act, an appeal shall lie by leave of the High Court to the Supreme Court from every determination (pronounced on or after the date of the passing of this Act) of the High Court on a question of law referred to the High Court under that section.

Amendment of section 84 of the Principal Act.

57.—

Section 84

of the Principal Act is hereby amended by the substitution of the words “the courthouse in which such decision was given is situate” for the words “the district or any part of the district of the justice lies” now contained therein, and the said section shall be construed and have effect accordingly.

Amendment of section 18 of Courts of Justice Act, 1928.

58.—Sub-section (3) of section 18 of the Courts of Justice Act, 1928 (No. 15 of 1928), is hereby amended by the substitution of the words “the courthouse in which such order was made is situate” for the words “the district or any part of the district of such justice lies” now contained therein, and the said section shall be construed and have effect accordingly.

Appeals in licensing and club cases.

59.—Notwithstanding anything contained in any other enactment and, in particular, notwithstanding anything contained in section 18 of the Courts of Justice Act, 1928 (No. 15 of 1928), as amended by this Act, every appeal which lies to the Circuit Court from an order of the District Court in a criminal case, under the Licensing (Ireland) Acts, 1833 to 1927, or under the Registration of Clubs Acts, 1904 to 1927, shall lie to the judge of the Circuit Court within whose circuit is situate the licensed premises or the club premises on or in respect of which the offence the subject of such order was committed or to which such order otherwise relates.

Power to strike out with costs in cases of excess of jurisdiction.

60.—Where a civil proceeding is brought in the District Court which that court has not jurisdiction to hear and determine, the justice shall, as soon as such want of jurisdiction becomes apparent, order such proceeding 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 jurisdiction to try and determine such proceeding and either the plaintiff did not appear or appeared and failed to prove his demand.

Duration of decree or dismiss of District Court.

61.—Every decree and every dismiss made (whether before or after the passing of this Act) by the District Court in a civil proceeding shall continue and, in the case of every such decree or dismiss 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 decree or dismiss would so continue or have so continued if it had been a judgment of the High Court.

Power to Attorney-General to send forward for trial.

62.—(1) Where a person is brought before a justice of the District Court charged with an indictable crime, and such charge either cannot lawfully be or is not disposed of summarily by such justice, and such justice refuses to receive informations in relation to such charge or to send such person forward for trial on such charge, then and in every such case it shall be lawful for the Attorney-General to direct that such person be sent forward for trial to a specified Court to which such justice could lawfully have so sent such person.

Attendance of witnesses in civil cases.

63.—A justice of the District Court shall have the same powers of procuring the attendance of witnesses in the District Court in the exercise of his jurisdiction in civil cases as are vested in him in the exercise of his jurisdiction in criminal cases.

The Dublin Metropolitan Area and the Dublin district.

64.—(1) In this section— the word “enactment” means an enactment contained in a British Statute or in an Act of the Oireachtas.

PART VI

Rules of Court.

Power of Minister for Justice to prescribe court fees.

65.—(1) It shall be lawful for the Minister for Justice, by order made with the consent of the Minister for Finance, to prescribe and from time to time as occasion requires vary or otherwise revise the fees to be charged in the several offices established by the Court Officers Act, 1926 (No. 27 of 1926), as amended by subsequent enactments (including this Act), and the persons by whom and the occasions on which such fees are to be paid and the officers by whom and the manner in which such fees are to be collected.

Fees under the Local Registration of Title (Ireland) Act, 1891.

66.—(1) From and after the passing of this Act, the power of fixing fees conferred by section 8 of the Local Registration of Title (Ireland) Act, 1891, on the Land Judge with the approval of the Lord Chancellor and the consent of the Treasury shall be exercisable only by the Minister for Justice with the consent of the Minister for Finance, and the power of altering such fees conferred by the said section shall be similarly exercisable.

Superior Court Rules Committee.

67.—(1) There shall be and is hereby constituted a committee to be styled and in this Part of this Act referred to as the Superior Courts Rules Committee to fulfil the functions assigned to it by this Part of this Act.

Rule making authorities under section 36 of the Principal Act.

68.—(1) From and after the passing of this Act the power of making, annulling, or altering rules of court and making new rules conferred by section 36 of the Principal Act shall cease to be exercisable by the Minister for Justice, and in lieu thereof it is hereby enacted that, subject and without prejudice to the provisions of this Act in regard to the fees chargeable in court offices, the said power shall be exercisable by the Superior Courts Rules Committee with the concurrence of the Minister for Justice.

Circuit Court Rules Committee.

69.—(1) There shall be and is hereby constituted a committee to be styled and in this Part of this Act referred to as the Circuit Court Rules Committee to fulfil the functions assigned to it by this Part of this Act.

Rule-making authority for the Circuit Court.

70.—Subject and without prejudice to the provisions of this Act in regard to the fees chargeable in court offices, the rule-making authority for the Circuit Court for the purposes of section 66 of the Principal Act shall be the Circuit Court Rules Committee with the concurrence of the Minister for Justice.

District Court Rules Committee.

71.—(1) There shall be and is hereby constituted a committee to be styled and in this Part of this Act referred to as the District Court Rules Committee to fulfil the functions assigned to it by this Part of this Act.

Rule-making authority for the District Court.

72.—Subject and without prejudice to the provisions of this Act in regard to the fees chargeable in court offices, the rule-making authority for the purposes of section 91 of the Principal Act shall be the District Court Rules Committee with the concurrence of the Minister for Justice.

Local Registration of Title Rules Committee.

73.—(1) There shall be and is hereby constituted a committee to be styled and in this Part of this Act referred to as the Local Registration of Title Rules Committee to fulfil the functions assigned to it by this Part of this Act.

Rules under the Local Registration of Title (Ireland) Act, 1891.

74.—From and after the passing of this Act, the power of making general rules conferred by section 94 of the Local Registration of Title (Ireland) Act, 1891, on the Land Judge with the approval of the Lord Chancellor shall be exercisable only by the Local Registration of Title Rules Committee with the concurrence of the Minister for Justice.

Reports by rule-making committees.

75.—(1) The secretary of each of the several committees established by this Part of this Act shall summon a meeting of such committee once at least in every year on such day as may be fixed by the chairman of such committee, for the purpose of the general consideration by such committee of the practice, procedure, and administration of the court in relation to which such committee is constituted and the law affecting or administered by such court or, in the case of the Local Registration of Title Rules Committee, the practice, procedure, and administration under the Local Registration of Title (Ireland) Act, 1891, and the operation and effect of that Act.

PART VII.

Miscellaneous Provisions.

Duration of imprisonment for non-payment of revenue penalty.

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

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

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

Liability of unsuccessful defendant for costs of successful defendant.

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

Clearing of Court at certain trials.

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

Person standing mute.

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

Prohibition of imitation of court documents.

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

PART VIII.

Amendment of Certain Enactments.

Amendment of section 53 of the Dublin Police Act, 1842.

82.—

Section 53

of the Dublin Police Act, 1842 , is hereby amended by the deletion from the said section of the words “any of the divisional justices”, and the insertion in the said section of the words “a justice of the District Court” in lieu of the words so deleted, and the said section shall be construed and have effect accordingly, and the said section as so amended shall have effect throughout Saorstát Eireann.

Amendment of the Fatal Accidents Act, 1846.

83.—(1) Notwithstanding anything contained in the Fatal Accidents Act, 1846, any action under that Act may with the consent of all parties to such action be heard and determined by a judge without a jury, and when any such action is so heard section 2 of the said Act shall be construed and have effect as if the word “judge” were substituted therein for the word “jury” wherever that word occurs and such further modifications were made in the said section as may be necessary in consequence of such substitution.

Amendment of section 86 of the Probates and Letters of Administration Act (Ireland), 1857.

84.—(1) Section 86 of the Probates and Letters of Administration Act (Ireland), 1857, is hereby repealed and in lieu thereof it is hereby enacted as follows, that is to say:— (a) every person (with the exceptions hereinafter mentioned) to whom any grant of administration shall be committed shall give a bond to the President of the High Court to inure for the benefit of the President of the High Court for the time being, and, if the Court or (in the case of a grant from the district registry) the district registrar shall so require, with one or more surety or sureties, conditioned for duly collecting, getting in, and administering the personal estate of the deceased and so much of the real estate of the deceased as shall by law devolve to and vest in his legal personal representative; (b) the said bond shall be in such form as the President of the High Court shall, by any special or general order, direct; (c) it shall not be necessary for the Chief State Solicitor or the Solicitor for the Attorney-General to give any such bond as aforesaid when applying for or obtaining administration to the use or benefit of the State.

Amendment of section 9 of the Summary Jurisdiction (Ireland) Amendment Act, 1871.

85.—

Section 9

of the Summary Jurisdiction (Ireland) Amendment Act, 1871 , is hereby amended by the deletion from the said section of the words “any of the divisional justices of the police district of Dublin Metropolis presiding in one of the public courts of the said district”, and the insertion in the said section of the words “a justice of the District Court” in lieu of the words so deleted, and the said section shall be construed and have effect accordingly, and the said section as so amended shall have effect throughout Saorstát Eireann.

Amendment of section 14 of the Agricultural Credit Act, 1929.

86.—(1) Sub-section (1) of section 14 of the Agricultural Credit Act, 1929 (No. 30 of 1929), is hereby amended by the deletion therefrom of paragraph (e) thereof.

FIRST SCHEDULE.

Enactments Repealed.

PART I.

Enactments Repealed as from the Passing of this Act.

Session and Chapter or Number and Year Short Title Extent of Repeal 14 & 15 Vic., c. 57.

Civil Bill Courts (Ireland) Act, 1851 .

Section 60.

16 & 17 Vic., c. 113.

Common Law Procedure Amendment Act (Ireland), 1853 .

Sections 126 and 243.

19 & 20 Vic., c. 102.

Common Law Procedure Amendment Act (Ireland), 1856 .

Section 97.

27 & 28 Vic., c. 99.

Civil Bill Courts Procedure Amendment Act (Ireland), 1864 .

Section 8.

28 & 29 Vic., c. 1.

Civil Bill Courts (Ireland) Act, 1865 .

Section 1, the words ‘In the eighth section the word “Seventeenth” shall be substituted for the word “Sixteenth.”’

31 & 32 Vic., c 54.

Judgments Extension Act, 1868.

The whole Act.

40 & 41 Vic., c. 57 Supreme Court of Judicature (Ireland) Act, 1877 .

Section 53, the words “And provided also; that in all actions for libel where the jury shall give damages under forty shillings, the plaintiff shall not be entitled to more costs than damages.”

45 & 46 Vic., c. 31.

Inferior Courts Judgments Extension Act, 1882.

The whole Act.

54 & 55 Vic., c. 66.

Local Registration of Title (Ireland) Act, 1891.

Sub-sections (2), (3), and (4) of Section 94.

No. 10 of 1924.

Courts of Justice Act, 1924 .

Section 36

, the clause at the end thereof beginning “Such rules of court” and ending “of Ireland”; section 45 , all words from the words “In the case of illness” to the end of the section; section 48 , in paragraph (v) the words “including winding-up of companies” and the words “and in winding-up cases where the issued capital of the company does not exceed £10,000”; section 65 ; section 70 from the words “In case of” to the end of the section; sections 73 , 75 , 76 , 90 , 92 , and 101 .

No. 27 of 1926.

Court Officers Act, 1926 .

Section 57

.

No. 37 of 1929.

Courts of Justice Act, 1929 .

The whole Act.

No. 55 of 1931 Landlord and Tenant Act, 1931 .

Sub-sections (3) and (4) of section 5 .

Part II.

Enactments Repealed as from the Commencement of

Part IV

of this Act.

Number and Year Short Title Extent of Repeal No. 10 of 1924.

Courts of Justice Act, 1924 .

Section 48

, the words “under section 61 of this Act”; section 61 ; section 96 , the words “or the Circuit Court” wherever those words occur, and all words from the words “and, in the case of” to the words “otherwise perverse.”

No. 15 of 1928.

Courts of Justice Act, 1928 .

Sections 11 and 12 .

SECOND SCHEDULE.

Appeal Towns.

Appeal Towns Counties and County Boroughs Carlow Carlow county.

Cavan Cavan county.

Ennis Clare county.

Cork Cork county.

Cork Cork County Borough Let erkenny Donegal county.

Galway Galway county.

Tralee Kerry county.

Naas Kildare county.

Kilkenny Kilkenny county.

Carrick-on-Shannon Leitrim county.

Port Laoighise Leix county.

Limerick Limerick county.

Limerick Limerick county borough.

Longford Longford county.

Dundalk Louth county.

Castlebar Mayo county.

Trim Meath county.

Monaghan Monaghan county.

Tullamore Offaly county.

Roscommon Roscommon county.

Sligo Sligo county.

Nenagh Tipperary county (North Riding).

Clonmel Tipperary county (South Riding).

Waterford Waterford county borough.

Waterford Waterford county.

Mullingar Westmeath county.

Wexford Wexford county.

Wicklow Wicklow county.

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