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Courts of Justice Act, 1947

What is this act about?

Is éard atá sa dlí seo ná leasú ar na hAchtanna um Chúirteanna Breithiúnais ó 1924 go 1946. Déanann sé athruithe ar sholáthairtí éagsúla a bhaineann le cúirteanna, breithiúna, agus breithiúna cúirte dúiche.

Who it applies to: Breithiúna na Cúirte Uachtaraí, na hArd-Chúirte, na Cúirte Cuarda, agus na Cúirte Dúiche; An tAire Dlí agus Cirt.

At a glance

Country
Ireland
Area of law
Procedural law
Articles
20
Source
irishstatutebook.ie
Text retrieved
Explanation updated

What does this act regulate?

  • Tuilleadh méaduithe ar thuarastail Bhreithiúna na Cúirte Uachtaraí, na hArd-Chúirte, na Cúirte Cuarda, agus na Cúirte Dúiche.
  • Bunú agus cumhachtaí Uachtarán na Cúirte Cuarda.
  • Forálacha éagsúla a bhaineann leis an gCúirt Chuarda, lena n-áirítear comhdhéanamh ciorcad agus aois scoir na mBreithiúna Cuarda.
  • Pinsean do Bhreithiúna áirithe den Chúirt Dúiche.

Who does this act apply to?

  • Breithiúna na Cúirte Uachtaraí, na hArd-Chúirte, na Cúirte Cuarda, agus na Cúirte Dúiche.
  • An tAire Dlí agus Cirt.

What are the key points?

  • Méadaítear tuarastail bhliantúla gach Gnáthbhreithimh den Ard-Chúirt faoi fhiche faoin gcéad (20%).
  • Méadaítear tuarastail bhliantúla Bhreithiúna na Cúirte Uachtaraí agus na hArd-Chúirte (seachas Gnáthbhreithiúna na hArd-Chúirte) faoi chúig déag faoin gcéad (15%).
  • Méadaítear tuarastail bhliantúla na mBreithiúna Cuarda faoi chúig faoin gcéad is fiche (25%).
  • Méadaítear tuarastail bhliantúla Bhreithiúna na Cúirte Dúiche faoi thríocha faoin gcéad (30%).
  • Beidh Uachtarán na Cúirte Cuarda ina Bhreitheamh breise den Ard-Chúirt as oifig.
  • Féadfaidh Uachtarán na Cúirte Cuarda suíonna agus dátaí suíonna na Cúirte Cuarda a shocrú, agus Breithiúna Cuarda a shannadh go sealadach do chiorcaid.

Procedural law

8
Licensing (Renewal of Licences) Act, 1923
Misuse of Drugs Act, 1984
Children Act, 1997
Courts (No. 2) Act, 1986
Animals Act, 1985
Regional Technical Colleges (Amendment) Act, 1994
Irish Legal Terms Act, 1945
Industrial Development (Encouragement of External Investment) Act, 1958

Procedural law

Legal text

Legal text

Courts of Justice Act, 1947 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 1947 Courts of Justice Act, 1947 Courts of Justice Act, 1947 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 20 of 1947.

COURTS OF JUSTICE ACT, 1947.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

Section 1

Short title and collective citation.

Section 2

Commencement.

Section 3

Interpretation.

Section 4

Repeals.

PART II.

Salaries of Judges and Justices of the District Court.

Section 5

Increase of salaries of Judges of the Supreme Court and High Court.

Section 6

Salary of President of the Circuit Court.

Section 7

Increase of salaries of Circuit Judges.

Section 8

Increase of salaries of Justices of the District Court.

PART III.

President of the Circuit Court and his Powers and Duties.

Section 9

President of the Circuit Court.

Section 10

Powers of the President of the Circuit Court.

Section 11

Duties and powers of Circuit Judges temporarily assigned to circuits.

Section 12

Ex-officio members of the Circuit Court Rules Committee.

PART IV.

Miscellaneous Provisions in relation to the Circuit Court.

Section 13

Alteration of composition of circuits.

Section 14

Appointment of additional Circuit Judge.

Section 15

Age of retirement of Circuit Judges.

Section 16

Case stated by Circuit Judge.

Section 17

Power of Circuit Judge assigned to a particular circuit to hear and determine urgent applications outside his circuit.

PART V.

Pensions of Justices of the District Court.

Section 18

Pensions of certain Justices of the District Court.

Section 19

Charge of pensions, etc., of Justices of the District Court on the Central Fund.

Section 20

Gratuities in respect of certain deceased Justices of the District Court.

SCHEDULE.

Acts Referred to Courts of Justice Act, 1928 No. 15 of 1928 Courts of Justice Act, 1931 No. 1 of 1931 Courts of Justice Act, 1936 No. 48 of 1936 Courts of Justice (District Court) Act, 1946 No. 21 of 1946 Courts of Justice Act, 1924 No. 10 of 1924 Number 20 of 1947.

COURTS OF JUSTICE ACT, 1947.

AN ACT TO AMEND THE COURTS OF JUSTICE ACTS, 1924 TO 1946. [19th July, 1947.] 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, 1947.

(2)The Courts of Justice Acts, 1924 to 1946, and this Act may be cited together as the Courts of Justice Acts, 1924 to 1947.

Commencement.

2.—(1) This Part and

Part II

of this Act shall be deemed to have come into operation on, and shall have effect as on and from, the 1st day of April, 1947.

(2)

Part III

of this Act shall come into operation on such day as shall be fixed therefor by order of the Minister.

(3)Parts IV and V of this Act shall come into operation immediately upon the passing thereof.

Interpretation.

3.—(1) In this Act— the expression “the Act of 1928” means the Courts of Justice Act, 1928 (No. 15 of 1928); the expression “the Act of 1936” means the Courts of Justice Act, 1936 (No. 48 of 1936); the expression “the Act of 1946” means the Courts of Justice (District Court) Act, 1946 (No. 21 of 1946); the word “circuit” means a circuit of the Circuit Court; the expression “Circuit Judge” means a Judge of the Circuit Court; the expression “Dublin Circuit Judge” means a Circuit Judge permanently assigned to the Dublin Circuit, but does not include any such Judge who is President of the Circuit Court; the expression “the Minister” means the Minister for Justice; the expression “the Principal Act” means the Courts of Justice Act, 1924 (No. 10 of 1924).

(2)This Act shall be construed as one with the Courts of Justice Acts, 1924 to 1946.

Repeals.

4.—(1) The enactments specified in column (2) of Part I of the Schedule to this Act are, to the extent specified in column (3) of the said Part I, hereby repealed as on and from the date of the passing of this Act.

(2)The enactments specified in column (2) of Part II of the Schedule to this Act are, to the extent specified in column (3) of the said Part II, hereby repealed as on and from the commencement of

Part III

of this Act.

PART II.

Salaries of Judges and Justices of the District Court.

Increase of salaries of Judges of the Supreme Court and High Court.

5.—The respective annual salaries payable under section 13 (which relates to salaries of Judges of the Supreme Court and the High Court) of the Principal Act shall be increased,— (a) in the case of each ordinary Judge of the High Court, by twenty per cent., and (b) in every other case, by fifteen per cent.

Salary of President of the Circuit Court.

6.—(1) The President of the Circuit Court shall receive the same annual salary as an ordinary Judge of the High Court.

(2)The salary payable to the President of the Circuit Court shall be charged on and payable out of the Central Fund or the growing produce thereof.
(3)So much of section 41 of the Principal Act as fixes the salary of a Circuit Judge shall not apply in respect of the President of the Circuit Court.

Increase of salaries of Circuit Judges.

7.—The annual salaries payable under section 41 (which relates to salaries and pensions of Circuit Judges) of the Principal Act shall be increased by twenty-five per cent.

Increase of salaries of Justices of the District Court.

8.—The respective annual salaries payable under section 74 (which relates to salaries of Justices of the District Court) of the Principal Act or under section 8 (which relates to salaries of Dublin Metropolitan Justices) of the Act of 1946 shall be increased by thirty per cent.

PART III.

President of the Circuit Court and his Powers and Duties.

President of the Circuit Court.

9.—(1) There shall be a President of the Circuit Court.

(2)The President of the Circuit Court shall notwithstanding anything contained in the Courts of Justice Acts, 1924 to 1946, be ex-officio an additional Judge of the High Court.
(3)The President of the Circuit Court shall be appointed from amongst the Circuit Judges by the President acting on the advice of the Government and shall take precedence over all other Circuit Judges.
(4)The person appointed to be President of the Circuit Court shall hold that office so long as he holds the office of Circuit Judge.

Powers of the President of the Circuit Court.

10.—(1) For ensuring an equitable distribution of the work of the Circuit Court amongst the several Judges thereof and the prompt despatch of the business of the Circuit Court in the several circuits thereof, the President of the Circuit Court shall have and exercise the powers conferred on him by subsections (2), (3), (4), (5) and (6) of this section.

(2)(a) The President of the Circuit Court may, from time to time, by order fix, in respect of any circuit, the places therein at which sittings are to be held, and whenever an order, made under this paragraph in relation to a circuit, is in force, sittings within that circuit shall be held at the places fixed by the order and not elsewhere. (b) The President of the Circuit Court may, from time to time, by order fix, in respect of any circuit, the dates on which sittings shall commence at each place therein at which sittings are to be held, and, whenever an order under this paragraph is in force, sittings shall commence at each such place in accordance with the order. (c) The President of the Circuit Court may at any time by order revoke or amend an order made under this subsection (including this paragraph). (d) The President of the Circuit Court shall, before exercising his powers under this subsection in respect of a circuit, first consult the Circuit Judge permanently assigned to that circuit. (e) Every order made under this subsection shall, as soon as may be after it is made, be published in such manner as the President of the Circuit Court may direct. (f) In this subsection the word “sittings” means sittings of the Circuit Court.
(3)(a) The President of the Circuit Court may at any time temporarily assign to any circuit (whether there is or is not a Circuit Judge permanently assigned thereto) any Circuit Judge, whether he is or is not permanently assigned to another circuit. (b) Where a Circuit Judge who is permanently assigned to a particular circuit is temporarily assigned under this subsection to another circuit, such temporary assignment shall not terminate or affect such permanent assignment or deprive or relieve him of any of the privileges, powers and duties vested in or imposed on him by virtue of such permanent assignment.
(4)Where a person is appointed under section 14 of the Act of 1936 to act as a Circuit Judge, the President of the Circuit Court may, during the period for which that person is so appointed, from time to time assign him to any circuit, whether there is or is not a Circuit Judge permanently assigned thereto.
(5)(a) Where two or more Circuit Judges are for the time being assigned (whether permanently or temporarily) to a particular circuit, the President of the Circuit Court, after consultation with the said Circuit Judges, may, from time to time, allocate the business of the Circuit Court in that circuit amongst the said Circuit Judges. (b) References in this subsection to Circuit Judges shall be construed as including references to persons appointed under section 14 of the Act of 1936 to act as Circuit Judges.
(6)For the purposes of enabling the President of the Circuit Court to perform his functions under this section, the county registrar for a county or a county borough shall, when so requested by the President of the Circuit Court, furnish to him such particulars, in relation to the business of the Circuit Court in such county or county borough, as may be specified in the request.
(7)If the President of the Circuit Court is unable to act during any period, then, during that period, the Dublin Circuit Judge or (if more than one) the senior of the Dublin Circuit Judges shall have and exercise the powers conferred on the President of the Circuit Court by subsections (2), (3), (4), (5) and (6) of this section.

Duties and powers of Circuit Judges temporarily assigned to circuits.

11.—(1) Where a Circuit Judge is temporarily assigned, under section 10 of this Act, to a circuit, then, such Circuit Judge shall, while so temporarily assigned, have, in relation to such circuit and concurrently with the Circuit Judge permanently assigned thereto and any other Circuit Judge who is so temporarily assigned to such circuit, all the privileges, powers and duties for the time being conferred or imposed by law on a Circuit Judge permanently assigned to such circuit.

(2)In this section the expression “Circuit Judge” includes a person appointed under section 14 of the Act of 1936 to act as a Judge of the Circuit Court.

Ex-officio members of the Circuit Court Rules Committee.

12.—The ex-officio members of the Circuit Court Rules Committee established by section 69 of the Act of 1936 shall be— (a) the President of the Circuit Court, who shall be chairman of the said Committee, and (b) the county registrar for the county and city of Dublin, who shall be secretary of the said committee.

PART IV.

Miscellaneous Provisions in relation to the Circuit Court.

Alteration of composition of circuits.

13.—(1) The Government may make an order altering, but not so as to increase the total number of circuits, the composition of any two or more of the circuits.

(2)If an order is made under subsection (1) of this section, then, as on and from the commencement of the order, all references, in the Courts of Justice Acts, 1924 to 1946, and this Act, to circuits shall be construed as references to circuits as existing immediately after the commencement of the order.

Appointment of additional Circuit Judge.

14.—(1) Notwithstanding anything contained in the Courts of Justice Acts, 1924 to 1946, one person (being a person who is appointed, under section 14 of the Act of 1936, to act as a Circuit Judge for a period within which the date of the passing of this Act falls) may, not later than one month after the date of the passing of this Act, be appointed a Circuit Judge.

(2)The following provisions shall apply in respect of a person appointed by virtue of subsection (1) of this section to be a Circuit Judge— (a) for the purposes of so much of section 41 of the Principal Act as relates to pensions, he shall be deemed to have served as a Circuit Judge during the period of four years ending on the day immediately preceding the date of his appointment as a Circuit Judge, (b) his appointment under section 14 of the Act of 1936 shall terminate on his appointment as a Circuit Judge, (c) subsection (1) of section 15 of the Act of 1936 shall not apply in respect of him, but the Government may at any time permanently assign him to a particular circuit, (d) until the commencement of

Part III

of this Act or the date of his permanent assignment to a circuit, whichever is the earlier, subsection (2) of section 14 of the Act of 1936 shall apply in respect of him as it applies to a person referred to in the said subsection (2).

(3)So long as a person appointed by virtue of subsection (1) of this section to be a Circuit Judge holds office and is not permanently assigned to a circuit, subsection (1) of section 9 of the Act of 1928 shall have effect as if the word “eleven” were substituted for the word “ten”.

Age of retirement of Circuit Judges.

15.—(1) Subject to subsection (2) of this section, the age of retirement of a Circuit Judge shall be seventy years.

(2)The age of retirement of a person who is a Circuit Judge at the passing of this Act or of the person appointed, by virtue of section 14 of this Act, to be a Circuit Judge shall be seventy-two years.

Case stated by Circuit Judge.

16.—A Circuit Judge may, if an application in that behalf is made by any party to any matter (other than a re-hearing, under section 196 of the Income Tax Act, 1918, of any such appeal as is referred to in the said section) pending before him, refer, on such terms as to costs or otherwise as he thinks fit, any question of law arising in such matter 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 in the matter pending the determination of such case stated.

Power of Circuit Judge assigned to a particular circuit to hear and determine urgent applications outside his circuit.

17.—Notwithstanding anything contained in the Courts of Justice Acts, 1924 to 1946, a Circuit Judge for the time being assigned (whether permanently or temporarily) to a particular circuit may, outside that circuit, hear and determine any application which he has jurisdiction to hear and determine within that circuit and which, in his opinion, should be dealt with as a matter of urgency.

PART V.

Pensions of Justices of the District Court.

Pensions of certain Justices of the District Court.

18.—(1) The following provisions shall, subject to subsection (3) of this section, apply to every existing 1936 Justice:— (a) unless and until he makes the election provided for in paragraph (b) of this subsection, subsection (1) or (2) (as the case may be) of section 48 of the Act of 1936 shall not apply to him and, in lieu thereof, section 75 (repealed by the Act of 1936) of the Principal Act shall apply to him, as if it had not been repealed and as if section 48 of the Act of 1936 had not been enacted, (b) he may, by notice in writing sent to the Minister for Finance at any time before he ceases to hold office, elect to accept the pension terms provided by subsection (1) or (2) (as the case may be) of section 48 of the Act of 1936 and, in that case, the said subsection (1) or (2) shall apply to him.

(2)Subsection (5) of section 48 of the Act of 1936 shall apply to any pension granted, by virtue of paragraph (a) of subsection (1) of this section, under section 75 of the Principal Act.
(3)Any existing 1936 Justice, who made the election mentioned in subsection (3) of section 48 of the Act of 1936, may, by notice in writing sent to the Minister for Finance within three months after the date of the passing of this Act, confirm such election and, in that case, subsection (1) of this section shall not apply to him.
(4)In this section the expression “existing 1936 Justice” means a Justice of the District Court who held office at the date of the passing of the Act of 1936 and holds office at the date of the passing of this Act.

Charge of pensions, etc., of Justices of the District Court on the Central Fund.

19.—(1) Every pension granted under the Acts to a Justice of the District Court and every award under the Superannuation Acts, 1834 to 1946, granted, by virtue of the Acts, to or in respect of a Justice of the District Court shall be charged on and payable out of the Central Fund or the growing produce thereof.

(2)In this section, the expression “the Acts” means the Courts of Justice Acts, 1924 to 1946, and this Act.

Gratuities in respect of certain deceased Justices of the District Court.

20.—(1) Where— (a) a Justice (including an Assistant Justice) of the District Court, who held office at the date of the passing of the Act of 1936, did not exercise the election provided by subsection (3) of section 48 of the Act of 1936, and (b) such Justice died before the passing of this Act while holding office, the Minister for Finance may pay to the legal personal representatives of such Justice a gratuity equal to the amount of his annual salary at the date of his death.

(2)Every gratuity payable under this section shall be charged on and payable out of the Central Fund or the growing produce thereof.

SCHEDULE.

Enactments Repealed.

Section 4

.

Part I.

Enactments repealed as on and from the date of the passing of this Act.

Number and Year Short title Extent of Repeal

(1)

(2)

(3)No. 10 of 1924.

Courts of Justice Act, 1924 .

In section 37 , all words from the words “the Minister” to the end of the section; section 40.

No. 1 of 1931.

Courts of Justice Act, 1931 .

The whole Act.

No. 48 of 1936.

Courts of Justice Act, 1936 .

Section 22

; subsection 7 of section 48 .

No. 21 of 1946.

Courts of Justice (District Court) Act, 1946 .

Subsection (2) of section 19.

Part II.

Enactments repealed as on and from the commencement of

Part III

of this Act.

Number and Year Short title Extent of Repeal

(1)

(2)

(3)No. 15 of 1928.

Courts of Justice Act, 1928 .

Section 10

.

No. 48 of 1936.

Courts of Justice Act, 1936 .

Subsection (2) of section 14 ; section 16 ; subsection (3) of section 69.

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