Court Officers (Amendment) Act, 1937

In short

This law amends the Court Officers Act of 1926, specifically addressing how District Court business is handled, particularly in the Dublin and Cork districts. It clarifies and validates past and future practices regarding court sittings and the organization of court areas.

What it regulates

The legality of a District Court justice transacting different classes of business during a sitting.
The ability of a District Court justice to transfer or adjourn business to other times or places within their jurisdiction.
The structure and creation of District Court areas in Dublin and Cork.
The appointment of places, days, and hours for District Court business in the Dublin district.

Who it concerns

Justices of the District Court.
The Minister for Justice.
The senior justice assigned to the Dublin district.

Key points

A District Court justice can transact any class of business during a sitting, even if that sitting was appointed for a particular class.
A District Court justice can transfer or adjourn business to another occasion or place within their district, regardless of whether that occasion or place was specifically appointed under Section 47 of the Principal Act.
The Dublin and Cork districts are, and are deemed always to have been, single District Court areas unless the Minister divides them into smaller areas.
The courthouse in Morgan Place, Dublin, and the hours of 10:30 a.m. on all weekdays are deemed to have been appointed for transacting all classes of District Court business in the Dublin district court area.

Legal text

Court Officers (Amendment) Act, 1937 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.

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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 1937 Court Officers (Amendment) Act, 1937 Court Officers (Amendment) Act, 1937 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 21 of 1937. COURT OFFICERS (AMENDMENT) ACT, 1937. ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Times and places at which business may be transacted. 3. District court areas in the Dublin and Cork districts. 4. Appointment of places, days, and hours in the Dublin district. 5. Allocation of business in Dublin by the senior justice. 6. Short title and collective citation. Acts Referred to Court Officers Act, 1926 No. 27 of 1926 Courts of Justice Act, 1924 No. 10 of 1924 Number 21 of 1937. COURT OFFICERS (AMENDMENT) ACT, 1937. AN ACT TO AMEND SECTION 47 OF THE COURT OFFICERS ACT, 1926 , AND TO MAKE PROVISION FOR CERTAIN MATTERS ARISING IN RELATION TO THAT SECTION, INCLUDING MATTERS WHICH SO AROSE BEFORE THE PASSING OF THIS ACT. [9th June, 1937.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Definitions. 1.—In this Act— the expression “the Minister” means the Minister for Justice; the expression “the Principal Act” means the Court Officers Act, 1926 (No. 27 of 1926); the expression “the Dublin district” means the district prescribed by the Minister under section 68 of the Courts of Justice Act, 1924 (No. 10 of 1924), which consists of the Dublin Metropolitan Area; the expression “the Cork district” means the district prescribed by the Minister under the said section 68 which includes the county borough of Cork. Times and places at which business may be transacted. 2.—

(1)It shall be and be deemed always to have been lawful for a justice of the District Court when sitting at a place, on a day, and at an hour appointed under section 47 of the Principal Act for the transaction of any particular class of business of the District Court, to transact at such sitting any other class of business of the District Court.

(2)It shall be and be deemed always to have been lawful for a justice of the District Court to transfer or adjourn the transaction of any business of that Court in which he has jurisdiction to either— (

a)another occasion at the place in which he was transacting such business at the time of such transfer or adjournment, whether such occasion is or is not a day and hour appointed under section 47 of the Principal Act, or (
b)to another occasion (whether such occasion is or is not a day and hour appointed under the said section 47 ) at some other place in his district which is a place appointed under the said section 47 for the transaction of business of the District Court, whether such business does or does not include the said business so transferred or adjourned. District court areas in the Dublin and Cork districts. 3.—

(1)It is hereby declared and enacted that, notwithstanding anything contained in section 47 of the Principal Act, it is not and never was obligatory upon the Minister to divide the Dublin district or the Cork district into district court areas.

(2)As from the passing of the Principal Act and unless and until the Minister divides (under section 47 of the Principal Act) the Dublin district into two or more district court areas, the Dublin district shall for all purposes be and be deemed always to have been a single district court area (in this Act referred to as the Dublin district court area) created by the Minister under sub-section

(1)of the said section 47 for the purposes of all classes of business transacted in the District Court.

(3)As from the passing of the Principal Act and unless and until the Minister divides (under section 47 of the Principal Act) the Cork district into two or more district court areas, the Cork district shall for all purposes be and be deemed always to have been a single district court area (in this Act referred to as the Cork district court area) created by the Minister under sub-section

(1)of the said section 47 for the purposes of all classes of business transacted in the District Court.

(4)Sub-sections

(2),

(3), and

(4)of section 47 of the Principal Act shall apply and be deemed always to have applied to the Dublin district court area and to the Cork district court area as if those district court areas had in fact been lawfully created by the Minister under sub-section

(1)of the said section 47 , but such application of the said sub-section

(2)to the Dublin district court area shall be and be deemed always to have been subject to the provisions of the next following section of this Act. Appointment of places, days, and hours in the Dublin district. 4.—

(1)For the purposes of the application of sub-section

(2)of section 47 of the Principal Act to the Dublin district court area, that sub-section shall operate and be deemed always to have operated to confer on the Minister power to appoint different places and different days and hours for the transaction of different classes of business.

(2)The courthouse in Morgan Place in the City of Dublin shall be deemed to have been appointed before the 1st day of November, 1931, by the Minister under sub-section

(2)of section 47 of the Principal Act to be a place at which the District Court should be held for the purpose of transacting all classes of the business of the District Court for the Dublin district court area, and the hours of 10.30 a.m. on all week days shall be deemed to have been similarly appointed as the days and hours at which the District Court should be held in the said courthouse for the purpose of transacting the said classes of business.

(3)No business of the District Court transacted in the Dublin district court area before the passing of this Act shall be or be deemed ever to have been invalid or ineffectual by reason only of such business having been transacted in a place or on a day or at an hour other than the place, day, or hour appointed therefor under section 47 of the Principal Act. Allocation of business in Dublin by the senior justice. 5.—

(1)Notwithstanding anything contained in section 47 of the Principal Act or any appointment of a place or of a day or hour made or deemed by this Act to have been made under that section before the passing of this Act, it shall be lawful for the senior of the justices of the District Court for the time being assigned to the Dublin district (in this section referred to as the senior justice) to determine from time to time the class or classes of business of the District Court to be transacted in each of the several places in the Dublin district court area for the time being appointed under the said section 47 for the transaction of any class of the business of the District Court, and it shall also be lawful for the senior justice to determine from time to time the days and hours at which the several classes of such business shall be respectively transacted in the several places so determined.

(2)Whenever after the passing of this Act the Minister appoints under section 47 of the Principal Act a place in the Dublin district court area for the transaction of all or any classes of the business of the District Court or any day or hour for the transaction of any class or classes of such business in any such place, such appointment shall either, as the Minister shall direct when making such appointment, be made in substitution for and overriding the powers conferred on the senior justice by this section or be made subject and without prejudice to those powers and any exercise thereof by such senior justice Short title and collective citation. 6.—

(1)This Act may be cited as the Court Officers (Amendment) Act, 1937.

(2)The Principal Act and this Act may be cited together as the Court Officers Acts, 1926 and 1937. 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

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