Courts of Justice Act, 1953
What is this act about?
This law, the Courts of Justice Act, 1953, amends previous Courts of Justice Acts from 1924 to 1949, primarily focusing on the structure, remuneration, and pensions of judges and justices within the Irish court system.
Who it applies to: Judges of the Supreme Court, High Court, and Circuit Court; Justices of the District Court.
Deadlines:
- New pension schemes are established for judges and justices appointed after the passing of this Act, generally requiring 15 years of service and reaching age 65 for a pension of two-thirds of their remuneration, or 5 years of service for a lower pension with increments.
At a glance
- Country
- Ireland
- Area of law
- Social security
- Articles
- 33
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The remuneration, expenses, and pensions for judges of the Supreme Court, High Court, Circuit Court, and justices of the District Court.
- The number of judges in the High Court and Circuit Court.
- The division of the State into circuits for the Circuit Court and areas/districts for the District Court.
- The jurisdiction of the Circuit Court and District Court in civil cases.
Who does this act apply to?
- Judges of the Supreme Court, High Court, and Circuit Court.
- Justices of the District Court.
What are the key points?
- Remuneration for judges and justices was increased, effective April 1, 1953, by £250 per annum for Supreme Court, High Court, and President of the Circuit Court judges, and by £450 per annum for other Circuit Court judges and justices.
- Judges and justices may receive reasonable sums for travelling and other expenses.
- New pension schemes are established for judges and justices appointed after the passing of this Act, generally requiring 15 years of service and reaching age 65 for a pension of two-thirds of their remuneration, or 5 years of service for a lower pension with increments.
- The number of ordinary judges in the High Court was increased from five to six, making a total of seven judges.
Social security
Legal text
Legal text
Contents (33)
- Section 1
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
Courts of Justice Act, 1953 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 1953 Courts of Justice Act, 1953 Courts of Justice Act, 1953 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 32 of 1953.
COURTS OF JUSTICE ACT, 1953.
ARRANGEMENT OF SECTIONS
PART I.
PRELIMINARY AND GENERAL.
Section
Section 1
Short title and collective citation.
Section 2
Interpretation.
Section 3
Repeals.
PART II.
REMUNERATION, EXPENSES AND PENSIONS.
Section 4
Increase of remuneration of judges and of justices.
Section 5
Expenses of judges, etc.
Section 6
Pensions of judges of Supreme Court and High Court.
Section 7
Pensions of judges of Circuit Court.
Section 8
Pensions of justices.
Section 9
Charge of remuneration and pensions on Central Fund.
Section 10
Restriction of existing pension provisions.
PART III.
THE SUPREME COURT AND HIGH COURT.
Section 11
Provision for additional judge of the High Court.
Section 12
Modification of section 34 of the Act of 1936.
Section 13
Remittal and transfer of actions by Master of High Court.
Section 14
Limitation on amount of plaintiff's costs in certain High Court actions.
Section 15
Reconstitution of Superior Courts Rules Committee.
PART IV.
THE CIRCUIT COURT.
Section 16
Division of the State into circuits.
Section 17
Assignment of a judge of the Circuit Court not assigned under section 16.
Section 18
Number of judges of the Circuit Court.
Section 19
Extension of jurisdiction in civil cases.
Section 20
Transfer of part-heard action from one venue to another.
PART V.
THE DISTRICT COURT.
Section 21
District court areas.
Section 22
District court districts.
Section 23
Assignment of justices not assigned under section 22.
Section 24
Qualification for appointment as justice.
Section 25
Number of justices.
Section 26
Power to create, vary, abolish districts and areas.
Section 27
Times and places at which business may be transacted.
Section 28
Extension of jurisdiction in civil cases.
Section 29
Jurisdiction under Rent Restrictions Acts in ejectment cases.
Section 30
Extension of jurisdiction in interpleader cases.
Section 31
Exercise of jurisdiction in desertion cases.
Section 32
Amendment of section 68 of Dublin Police Act, 1842.
Section 33
Appeal from order under Probation of Offenders Act, 1907.
SCHEDULE.
Acts Referred to Courts of Justice Act, 1924 No. 10 of 1924 Court Officers Act, 1926 No. 27 of 1926 Courts of Justice Act, 1936 No. 48 of 1936 Courts of Justice (District Court) Act, 1946 No. 21 of 1946 Courts of Justice Act, 1947 No. 20 of 1947 Courts of Justice Act, 1928 No. 15 of 1928 Courts of Justice (District Court) Act, 1949 No. 8 of 1949 Hire-Purchase Act, 1946 No. 16 of 1946 Enforcement of Court Orders Act, 1926 No. 18 of 1926 District Court Districts (Dublin) Order, 1945 (S.R. & O., No. 279 of 1945) Number 32 of 1953.
COURTS OF JUSTICE ACT, 1953.
AN ACT TO AMEND THE COURTS OF JUSTICE ACTS, 1924 TO 1949, AND OTHER ENACTMENTS. [8th December, 1953.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I.
Preliminary and General.
Short title and collective citation.
1.—(1) This Act may be cited as the Courts of Justice Act, 1953.
Interpretation.
2.—(1) In this Act— “the Act of 1924” means the Courts of Justice Act, 1924 (No. 10 of 1924); “the Act of 1926” means the Court Officers Act, 1926 (No. 27 of 1926); “the Act of 1936” means the Courts of Justice Act, 1936 (No. 48 of 1936); “the Act of 1946” means the Courts of Justice (District Court) Act, 1946 (No. 21 of 1946); “the Acts” means the Courts of Justice Acts, 1924 to 1949; “justice” means a justice of the District Court; “the Minister” means the Minister for Justice.
Repeals.
3.—(1) The enactments specified in Part I of the Schedule are, to the extent specified in column (3), hereby repealed.
PART II.
Remuneration, Expenses and Pensions.
Increase of remuneration of judges and of justices.
4.—The remuneration of judges and of justices shall, with effect from the 1st day of April, 1953, be increased— (a) in the case of judges of the Supreme Court and the High Court and the President of the Circuit Court, by two hundred and fifty pounds per annum, and (b) in the case of judges of the Circuit Court (other than the President) and of justices, by four hundred and fifty pounds per annum.
Expenses of judges, etc.
5.—(1) In addition to remuneration, a judge of the Supreme Court, the High Court or the Circuit Court or a justice or a Commissioner of the High Court on Circuit may be allowed, out of moneys provided by the Oireachtas, such sums as the Minister, with the sanction of the Minister for Finance, thinks reasonable for the purpose of defraying travelling and other expenses of such judge, justice or Commissioner.
Pensions of judges of Supreme Court and High Court.
6.—(1) In this section “service” means service as a judge of the Supreme Court, the High Court or the Circuit Court.
Pensions of judges of Circuit Court.
7.—(1) In this section “service” means service as a judge of the Circuit Court or as a justice.
Pensions of justices.
8.—(1) There shall be granted to a justice who, having reached the age of sixty-five years, retires after twenty years' service or upwards a pension for life of two-thirds of his remuneration at the time of his retirement.
Charge of remuneration and pensions on Central Fund.
9.—The remuneration and pension payable to every judge and justice under or by virtue of the Acts or this Act shall be charged on and be payable out of the Central Fund or the growing produce thereof.
Restriction of existing pension provisions.
10.—The provisions of the Acts in relation to pensions of judges and justices shall not apply to any judge or justice appointed after the passing of this Act.
PART III.
The Supreme Court and High Court.
Provision for additional judge of the High Court.
11.—Section 4 of the Act of 1924 (by which the High Court is constituted) is hereby amended by the substitution of “seven judges” for “six judges” and “six ordinary judges” for “five ordinary judges.”
Modification of section 34 of the Act of 1936.
12.—(1) Notwitstanding anything contained in section 34 of the Act of 1936, if, at any time before a judge begins to travel a High Court Circuit for the purpose of holding therein any half-yearly sittings of the High Court on Circuit, the Chief Justice and the President of the High Court ascertain that there is no business to be transacted at such sittings in any particular appeal town for a county or county borough in that High Court Circuit, the Chief Justice and the President of the High Court may direct in writing that it shall not be obligatory to hold such sittings in that appeal town.
Remittal and transfer of actions by Master of High Court.
13.—The power to remit or transfer an action conferred by section 25 of the Act of 1924 may, with the consent of the parties to the action, be exercised by the Master of the High Court, and any action remitted or transferred by him shall be regarded as having been remitted or transferred under that section by the High Court.
Limitation on amount of plaintiff's costs in certain High Court actions.
14.—Section 12 of the Act of 1936 (which limits the amount of the plaintiff's costs in certain High Court actions) is hereby amended by the substitution of “fifty pounds” for “twenty-five pounds”, “two hundred pounds” for “one hundred pounds” and “six hundred pounds” for “three hundred pounds”.
Reconstitution of Superior Courts Rules Committee.
15.—(1) The Superior Courts Rules Committee established by section 67 of the Act of 1936 shall hereafter consist of three ex-officio members and eight nominated members.
PART IV.
The Circuit Court.
Division of the State into circuits.
16.—(1) The Government may, if and when they think fit, by order— (a) divide the several counties and county boroughs in the State into eight convenient groups (in this Act referred to as circuits) for the purposes of the Circuit Court, but subject to the limitations— (i) that one circuit (to be known as the Dublin Circuit) shall consist of the county and county borough of Dublin, (ii) that another circuit (to be known as the Cork Circuit) shall consist of the county and county borough of Cork, and (iii) that no county or county borough shall be divided between two or more circuits; (b) attach to each circuit (other than the Dublin Circuit and the Cork Circuit) a name by which such circuit shall be known; (c) permanently assign to the Dublin Circuit two of the judges of the Circuit Court holding office on the commencement of the order; (d) permanently assign to each other circuit one of the judges of the Circuit Court holding office on the commencement of the order.
Assignment of a judge of the Circuit Court not assigned under section 16.
17.—(1) If on the commencement of the order made under section 16 of this Act there is a judge of the Circuit Court who is not permanently assigned by that order to a circuit, he may be permanently assigned at any time to a circuit by the Government and, pending such assignment, may from time to time be temporarily assigned to any circuit by the President of the Circuit Court.
Number of judges of the Circuit Court.
18.—(1) The Circuit Court shall consist of not more than nine judges.
(2)
Section 9
of the Courts of Justice Act, 1928 (No. 15 of 1928), is hereby repealed.
Extension of jurisdiction in civil cases.
19.—(1) Section 48 of the Act of 1924 (which relates to the jurisdiction of the Circuit Court in civil cases) is hereby amended as follows:— (a) by the substitution in paragraph (ii) (which relates to contract and tort) of “£600” for “£300”, (b) by the substitution in paragraph (iv) (which relates to probate and administration) of “£2,000” for “£1,000”, and the consequential modification of paragraph (v) (which relates to equity matters), and (c) by the substitution in paragraph (vii) (which relates to proceedings on behalf of the State) of “£600” for “£300”.
Transfer of part-heard action from one venue to another.
20.—A judge of the Circuit Court may on the application of any party to a civil action which has been partly heard transfer the remainder or any portion of the hearing to another venue within the circuit or within the Dublin Circuit if none of the other parties objects, and an appeal shall lie under section 38 of the Act of 1936 from the decision of the judge on any such application.
PART V.
The District Court.
District court areas.
21.—(1) The Minister may, if and when he thinks fit, by order— (a) divide the State (apart from the Dublin Metropolitan District) into such and so many convenient areas (which shall be known as district court areas) for the purposes of the District Court as he shall think proper, and may divide the State into different district court areas for the purposes of different classes of business transacted in the District Court, and (b) appoint one or more convenient places in every district court area or within one mile of the boundary of such area in which, and such and so many convenient days and hours at which, the District Court shall be held for the purpose of transacting for such area the business for which the area was delimited.
District court districts.
22.—(1) On the making of the order under section 21 of this Act, the Minister shall by order declare that such and so many district court areas, as he shall think proper, shall form districts for the purposes of the District Court, but subject to the limitation that the number of such districts shall not exceed twenty-five.
Assignment of justices not assigned under section 22.
23.—Where, after the commencement of the order made under section 22 of this Act, there is a justice who is not permanently assigned to a district court district, he may be permanently assigned at any time to a district court district by the Government.
Qualification for appointment as justice.
24.—(1) Section 69 of the Act of 1924 (which provides for six years' standing as a barrister or solicitor as a qualification for appointment as justice) is hereby amended by the substitution of “ten years' standing” for “six years' standing”.
Number of justices.
25.—On the occurrence after the commencement of the order made under section 22 of this Act of each vacancy in the office of district justice the maximum number of justices shall stand reduced by one until such time as it is reduced by the number by which the number of districts is reduced in consequence of the said order, and section 16 of the Act of 1946 (inserted therein by section 3 of the Courts of Justice (District Court) Act, 1949 (No. 8 of 1949)) shall stand modified accordingly.
Power to create, vary, abolish districts and areas.
26.—(1) It shall be lawful for the Minister from time to time, as he shall consider expedient, by order to do all or any of the following things:— (a) vary or abolish any district court district, (b) create any new district court district, (c) vary or abolish any district court area, (d) create any new district court area, (e) vary the class or classes of business for which any district court area is delimited, (f) alter the places or vary the days or hours for the time being appointed for holding the District Court in or for any district court area.
Times and places at which business may be transacted.
27.—(1) In this section “appointed” means appointed under section 11 of the Act of 1946 or under section 21 or section 26 of this Act.
Extension of jurisdiction in civil cases.
28.—(1) Paragraph A of section 77 of the Act of 1924 (which relates to the jurisdiction of the District Court in civil cases) is hereby amended as follows:— (a) by the substitution in clause (i) (which relates to contract) of “£50” for “£25”, (b) by the substitution in clause (ii) (which relates to certain actions in tort) of “£50” for “£10”, (c) by the substitution in clause (iii), as amended by section 16 of the Courts of Justice Act, 1928 (No. 15 of 1928) (which relates to ejectment) of “£53” for “£27”, (d) by the substitution in clause (iv) (which relates to proceedings on behalf of the State) of “£50” for “£25”, and (e) by the substitution in clause (v) (inserted therein by section 52 of the Act of 1936) (which relates to proceedings on behalf of certain public bodies) of “£50” for “twenty-five pounds”.
Jurisdiction under Rent Restrictions Acts in ejectment cases.
29.—In order to remove doubt, it is hereby enacted that the jurisdiction and powers conferred upon the Court by the Rent Restrictions Acts, 1946 to 1952, may be exercised by the District Court in all cases of ejectment in which that Court has jurisdiction by virtue of the Acts as amended by this Act.
Extension of jurisdiction in interpleader cases.
30.—Subsection (1) of section 22 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926) (which relates to the bringing of interpleader proceedings by an undersheriff before the District Court) is hereby amended by the substitution of “fifty pounds” for “twenty-five pounds”.
Exercise of jurisdiction in desertion cases.
31.—Notwithstanding anything in section 79 of the Act of 1924, proceedings by a married woman under section 1 of the Married Women (Maintenance in Case of Desertion) Act, 1886, may be brought, heard and determined, and shall be deemed always to have been capable of being brought, heard and determined, either before and by a justice for the time being assigned to the district wherein her husband ordinarily resides or carries on business or before and by a justice for the time being assigned to the district wherein she ordinarily resides.
Amendment of section 68 of Dublin Police Act, 1842.
32.—
Section 68
of the Dublin Police Act, 1842 (which provides for the delivery to the owner of goods unlawfully detained) is hereby amended by the substitution of “a justice of the District Court” for “any of the said divisional justices”, the deletion of “within the Limits of the Police District” and the substitution of “fifty pounds” for “Fifteen Pounds”, and the section as so amended shall have effect throughout the State.
Appeal from order under Probation of Offenders Act, 1907.
33.—An appeal shall lie to the Circuit Court from an order of the District Court under subsection (1) of section 1 of the Probation of Offenders Act, 1907 .
SCHEDULE.
Enactments Repealed.
Section 3
.
PART I.
Enactments repealed from passing of this Act.
Number and Year Short title Extent of Repeal
(1)
(2)
Courts of Justice Act, 1924 .
Sections 15 and 42 , and, in section 74 , from “The several salaries” to the end of the section.
No. 15 of 1928.
Courts of Justice Act, 1928 .
Subsection (1) of section 16 .
No. 48 of 1936.
Courts of Justice Act, 1936 .
Subsections (2), (3), (5) and (6) of section 67 .
Section 77
.
No. 21 of 1946.
Courts of Justice (District Court) Act, 1946 .
In section 22 , the words “(other than the Principal Justice of a Division)”.
No. 20 of 1947.
Courts of Justice Act, 1947 .
Section 19
.
PART II.
Enactment repealed from the commencement of the order under section 16 of this Act.
Number and Year Short title Extent of Repeal
(1)
(2)
Courts of Justice Act, 1936 .
Section 13
.
PART III.
Enactments repealed from the commencement of the orders made under section 21 and section 22 of this Act.
Number and Year Short title Extent of Repeal
(1)
(2)
Courts of Justice Act, 1924 .
Section 68
.
No. 27 of 1926.
Court Officers Act, 1926 .
Section 47
.
No. 21 of 1937.
Court Officers (Amendment) Act, 1937 .
The whole Act.
No. 25 of 1945.
Court Officers Act, 1945 .
Section 11
.
Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais