Courts (Supplemental Provisions) Act, 1961

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COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961.

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General Section

Section 1

Short title and commencement.

Section 2

Interpretation generally.

Section 3

Repeals and saving.

PART II

Supreme Court, High Court, Chief Justice, President of the High Court, Central Criminal Court and Court of Criminal Appeal

Section 4

Number of ordinary judges of Supreme Court and High Court.

Section 5

Qualifications of judges of Supreme Court and High Court.

Section 6

Pensions of judges of Supreme Court and High Court.

Section 7

General jurisdiction of Supreme Court.

Section 8

General jurisdiction of High Court.

Section 9

Jurisdiction of High Court in lunacy and minor matters.

Section 10

Jurisdiction of Chief Justice and President of the High Court.

Section 11

The Central Criminal Court.

Section 12

Jurisdiction of Court of Criminal Appeal.

Section 13

High Court Circuits.

Section 14

Jurisdiction to be exercised pursuant to rules of court (Supreme Court, High Court, Chief Justice, President of the High Court, Central Criminal Court and Court of Criminal Appeal).

PART III

Circuit Court

Section 15

Definitions (Part III).

Section 16

Number of ordinary judges of Circuit Court.

Section 17

Qualifications of judges of Circuit Court.

Section 18

Age of retirement of judge of Circuit Court.

Section 19

Pensions of judges of Circuit Court.

Section 20

Circuits and assignment of judges to circuits.

Section 21

Circuit Court to be a court of record.

Section 22

Jurisdiction of Circuit Court, except in applications for new on-licences and in indictable offences.

Section 23

Jurisdiction of Cork Circuit Court Judge in admiralty causes and in bankruptcy.

Section 24

Jurisdiction of Circuit Court in applications for new on-licences.

Section 25

Jurisdiction of Circuit Court in indictable offences.

Section 26

Transfer of trials in criminal cases by judge of the Circuit Court.

Section 27

Jurisdiction to be exercised pursuant to rules of court (Circuit Court, Cork Local Admiralty Court and Cork Local Bankruptcy Court).

PART IV

District Court

Section 28

Number of justices of District Court.

Section 29

Qualifications of justices of District Court and interpretation of section 2 of the Act of 1949, as applied by section 48 of this Act.

Section 30

Age of retirement of justice of District Court.

Section 31

Pensions of justices of District Court.

Section 32

District court areas and districts and assignment of justices to districts.

Section 33

Jurisdiction of District Court.

Section 34

Jurisdiction to be exercised pursuant to rules of court (District Court).

Section 35

Qualification for appointment as President of the District Court and assignment.

Section 36

General powers of President of the District Court.

Section 37

Abolition of Divisions of Dublin Metropolitan Justices.

Section 38

Principal Justices of the Dublin Metropolitan District.

Section 39

Number of justices of Dublin Metropolitan District.

Section 40

Places at which business of Dublin Metropolitan District is to be transacted.

Section 41

Number of sitting days in each week for justices assigned to Dublin Metropolitan District.

Section 42

Business of District Court in Dublin Metropolitan District.

Section 43

Restriction of section 26 of Act of 1953.

Section 44

Ex officio members of District Court Rules Committee.

PART V

Miscellaneous Provisions

Section 45

Administration of justice otherwise than in public.

Section 46

Provisions in relation to remuneration and pensions of judges and justices.

Section 47

Interest on judgment debts.

Section 48

Application of enactments relating to existing courts and judges and officers thereof, and rules of court.

Section 49

Preservation of continuity of administration and enforcement of justice.

Section 50

Appeals from District Court in criminal cases against sentence only.

Section 51

Extension of section 2 of the Summary Jurisdiction Act, 1857.

Section 52

Case stated for High Court on question of law.

Section 53

Application of section 26 of Hire-Purchase (Amendment) Act, 1960.

Section 54

Jurisdiction to bind to the peace or to good behaviour.

Section 55

Offices and officers, etc. under Court Officers Acts, 1926 to 1951.

Section 56

Power to continue county registrars in office after reaching age of sixty-five years.

Section 57

Pension of the Master of High Court, Taxing-Master and county registrar.

Section 58

Special provisions for person who, on the operative date, holds the office of Master of the High Court, Taxing-Master or county registrar.

Section 59

Officers of Cork Local Admiralty Court and Cork Local Bankruptcy Court.

Section 60

Right of audience of solicitors in Circuit Court, Cork Local Admiralty Court and Cork Local Bankruptcy Court.

Section 61

Solicitors and commissioners for oaths.

FIRST SCHEDULE Enactments Repealed SECOND SCHEDULE Pensions of Judges of Courts Established by the Principal Act THIRD SCHEDULE Civil Proceedings In Respect Of Which The Jurisdiction Of The High Court Is, With Quantitative Limitations, Conferred On The Circuit Court, And Judges Of The Circuit Court By Whom The Jurisdiction Is To Be Exercised FOURTH SCHEDULE Jurisdiction of the Circuit Court under certain British statutes and Saorstát éireann statutes, and judges of the Circuit Court by whom the jurisdiction is to be exercisedAdaptations (in relation to the Circuit Court and the judges thereof) of certain British statutes relating to former County Courts, Courts of Quarter Sessions and judges thereof FIFTH SCHEDULE Adaptations (in relation to the Circuit Court and the judges thereof) of certain British statutes relating to former County Courts, Courts of Quarter Sessions and judges thereof SIXTH SCHEDULE Assignment of justices of District Court to district court districts SEVENTH SCHEDULE Existing courts and corresponding courts established by the Principal Act, and judges of existing courts and corresponding judges of courts established by the Principal Act EIGHTH SCHEDULE Provisions in relation to offices and officers to be attached to the High Court, the Supreme Court and the President of the High Court Acts Referred to Courts of Justice Act, 1924 1924, No. 10 Court Officers Act, 1926 1926, No. 27 Courts of Justice Act, 1936 1936, No. 48 Court Officers Act, 1945 1945, No. 25 Courts of Justice (District Court) Act, 1946 1946, No. 21 Courts of Justice Act, 1947 1947, No. 20 Courts of Justice (District Court) Act, 1949 1949, No. 8 Courts of Justice Act, 1953 1953, No. 32 Interpretation Act, 1937 1937, No. 38 Lunacy Regulation (Ireland) Act, 1871 1871, c. 22 Courts of Justice Act, 1928 1928, No. 15 Solicitors Act, 1954 1954, No. 36 Offences Against the State Act, 1939 1939, No. 13 Maritime Jurisdiction Act, 1959 1959, No. 22 Treason Act, 1939 1939, No. 10 Courts of Justice Act, 1926 1926, No. 1 Wireless Telegraphy Act, 1926 1926, No. 45 Public Health Acts Amendment Act, 1890 1890, c. 59 Public Dance Halls Act, 1935 1935, No. 2 Debtors (Ireland) Act, 1840 1840, c. 105 Criminal Justice Act, 1951 1951, No. 2 Courts of Justice and Court Officers (Superannuation) Act, 1961 1961, No. 16 Summary Jurisdiction Act, 1857 1857, c. 43 Hire-Purchase (Amendment) Act, 1960 1960, No. 15 Court Officers Act, 1951 1951, No. 8 Solicitors Act, 1954 1954, No. 36 District Justices (Temporary Provisions) Act, 1923 1923, No. 6 Courts of Justice Act, 1928

1928, No. 15 Superannuation Act, 1834 1834, c. 24 Superannuation Act, 1956 1956, No. 38 Superannuation Act, 1859 1859, c. 26 Number 39 of 1961.

COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961.

AN ACT TO PROVIDE, IN RELATION TO THE COURTS TO BE ESTABLISHED BY THE COURTS (ESTABLISHMENT AND CONSTITUTION) ACT, 1961, AND THE JUDGES AND OFFICERS OF THOSE COURTS, FOR CERTAIN MATTERS NECESSARY TO SUPPLEMENT THAT ACT, TO CONFER JURISDICTION ON THE JUDGE OF THE CIRCUIT COURT ASSIGNED TO THE CORK CIRCUIT IN ADMIRALTY CAUSES AND IN BANKRUPTCY, TO REPEAL CERTAIN ENACTMENTS, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [16th August, 1961.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I

Preliminary And General Short title and commencement.

1.—(1) This Act may be cited as the Courts (Supplemental Provisions) Act, 1961.

Interpretation generally.

2.—(1) In this Act— “the Act of 1924” means the Courts of Justice Act, 1924 ; “the Act of 1926” means the Court Officers Act, 1926 ; “the Act of 1936” means the Courts of Justice Act, 1936 ; “the Act of 1945” means the Court Officers Act, 1945 ; “the Act of 1946” means the Courts of Justice (District Court) Act, 1946 ; “the Act of 1947” means the Courts of Justice Act, 1947 ; “the Act of 1949” means the Courts of Justice (District Court) Act, 1949 ; “the Act of 1953” means the Courts of Justice Act, 1953 ; “the Circuit Court” means the Court established by section 4 of the Principal Act; “the Court of Criminal Appeal” means the Court established by section 3 of the Principal Act; “the District Court” means the Court established by section 5 of the Principal Act; “the Dublin Metropolitan District” means the district styled and known as the Dublin Metropolitan District under section 64 of the Act of 1936; “enactment” includes a charter and any instrument made under an enactment; “the existing Chief Justice” means the judge of the existing Supreme Court who, by virtue of section 5 of the Act of 1924, was, immediately before the operative date, president of that Court; “the existing Circuit Court” means the Circuit Court of Justice constituted by section 37 of the Act of 1924; “the existing Court of Criminal Appeal” means the Court of Criminal Appeal constituted by section 8 of the Act of 1924; “the existing District Court” means the District Court of Justice constituted by section 67 of the Act of 1924; “the existing High Court” means the High Court of Justice constituted by section 4 of the Act of 1924; “the existing President of the Circuit Court” means the judge of the existing Circuit Court who, immediately before the operative date, held the office created by section 9 of the Act of 1947; “the existing President of the High Court” means the judge of the existing High Court who, by virtue of section 4 of the Act of 1924, was, immediately before the operative date, president of that Court; “the existing Supreme Court” means the Supreme Court of Justice constituted by section 5 of the Act of 1924; “the High Court” means the Court established by section 2 of the Principal Act; “justice of the District Court” includes, except where the context otherwise requires, the President of the District Court; “the Minister” means the Minister for Justice; “the operative date” means the date on which this Act comes into operation; “the Principal Act” means the Courts (Establishment and Constitution) Act, 1961 (No. 39 of 1961);

“State authority” means any authority being— (a) a Minister of State, or (b) the Commissioners of Public Works in Ireland, or (c) the Irish Land Commission, or (d) the Revenue Commissioners, or (e) the Attorney General; “the Supreme Court” means the Court established by section 1 of the Principal Act.

Repeals and saving.

3.—The enactments mentioned in column (2) of the First Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule, but, without prejudice to subsection (1) of section 21 of the Interpretation Act, 1937 , such of those enactments as relate to the pensions of the judges and justices of the courts established by the Act of 1924 shall, notwithstanding the repeal thereof, continue to apply to any person who, having been a judge of the existing Supreme Court, existing High Court or existing Circuit Court or a justice of the existing District Court, retired or retires from office before the operative date.

PART II

Supreme Court, High Court, Chief Justice, President of the High Court, Central Criminal Court and Court of Criminal Appeal Supreme Court and High Court Number of ordinary judges of Supreme Court and High Court.

4.—(1) The number of ordinary judges of the Supreme Court shall be four.

Qualifications of judges of Supreme Court and High Court.

5.—(1) (a) The existing Chief Justice shall be qualified for appointment as Chief Justice and, if he is willing to accept office, no other person shall be qualified for appointment as Chief Justice. (b) The existing President of the High Court shall be qualified for appointment as President of the High Court and, if he is willing to accept office, no other person shall be qualified for appointment as President of the High Court. (c) Each of the persons who are ordinary judges of the existing Supreme Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the Supreme Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the Supreme Court. (d) Each of the persons who are ordinary judges of the existing High Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the High Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the High Court. (e) Paragraphs (a), (b), (c) and (d) of this subsection apply only in relation to the qualification for appointment of the first judges of the Supreme Court and High Court. (f) Subsections (2), (3), (4) and (5) of this section shall have effect subject to the preceding paragraphs of this subsection.

Pensions of judges of Supreme Court and High Court.

6.—(1) The provisions set out in Part I of the Second Schedule to this Act shall apply to the pensions of judges of the Supreme Court and the High Court.

General jurisdiction of Supreme Court.

7.—(1) The Supreme Court shall be a superior court of record with such appellate and other jurisdiction as is prescribed by the Constitution.

General jurisdiction of High Court.

8.—(1) The High Court shall be a superior court of record with such original and other jurisdiction as is prescribed by the Constitution.

Jurisdiction of High Court in lunacy and minor matters.

9.—(1) There shall be vested in the High Court the jurisdiction in lunacy and minor matters which— (a) was formerly exercised by the Lord Chancellor of Ireland, (b) was, at the passing of the Act of 1924, exercised by the Lord Chief Justice of Ireland, and (c) was, by virtue of subsection (1) of section 19 of the Act of 1924 and subsection (1) of section 9 of the Act of 1936, vested, immediately before the operative date, in the existing High Court.

Chief Justice and President of the High Court Jurisdiction of Chief Justice and President of the High Court.

10.—(1) There shall be exercisable by the Chief Justice— (a) the jurisdiction in relation to solicitors which, by virtue of subsection (2) of section 19 of the Act of 1924, and subsection (3) of section 14 of the Solicitors Act, 1954 , was, immediately before the operative date, vested in or capable of being exercised by the existing Chief Justice, (b) the power of appointing notaries public and commissioners to administer oaths, (c) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing Chief Justice.

Central Criminal Court The Central Criminal Court.

11.—(1) The High Court exercising the criminal jurisdiction with which it is invested shall be known as An Phríomh-Chúirt Choiriúil (The Central Criminal Court) and is in this Act referred to as the Central Criminal Court.

Court of Criminal Appeal Jurisdiction of Court of Criminal Appeal.

12.—(1) The Court of Criminal Appeal shall be a superior court of record and shall, for the purposes of this Act and subject to the enactments applied by section 48 of this Act, have full power to determine any questions necessary to be determined for the purpose of doing justice in the case before it.

High Court Circuits High Court Circuits.

13.—The grouping of the several counties and county boroughs (other than the county of Dublin and the county borough of Dublin) in the State into High Court Circuits under subsection (1) (repealed by this Act) of section 33 of the Act of 1936 shall, subject to any order which may be made under subsection (2) of the said section 33, as applied by section 48 of this Act, continue to have effect, and references in any enactment to High Court Circuits shall be construed accordingly.

Exercise of Jurisdiction Jurisdiction to be exercised pursuant to rules of court (Supreme Court, High Court, Chief Justice, President of the High Court, Central Criminal Court and Court of Criminal Appeal).

14.—(1) In this section “rules of court” means rules made under section 36 of the Act of 1924, as applied by section 48 of this Act.

PART III

Circuit Court Definitions (Part III).

15.—In this Part of and in the Third , Fourth and Fifth Schedules to this Act— “action” means a civil proceeding in the Circuit Court commenced by civil bill; “cause” means any action, suit or original proceeding between a plaintiff and a defendant; “defendant” includes respondent; “incorporeal hereditament” includes an easement and a licence in respect of land; “matter” means any proceeding in the Circuit Court not in a cause; “plaintiff” includes applicant and petitioner; “proceedings” includes both causes and matters; references to the judge of a particular circuit shall be construed as references to the judge of the Circuit Court for the time being assigned to that circuit; “personality” does not include chattels real; “land” includes incorporeal hereditaments; “rules of court” means rules made under section 66 of the Act of 1924, as applied by section 48 of this Act.

Number of ordinary judges of Circuit Court.

16.—(1) The number of ordinary judges of the Circuit Court shall not be more than eight.

Qualifications of judges of Circuit Court.

17.—(1) (a) The existing President of the Circuit Court shall be qualified for appointment as President of the Circuit Court and, if he is willing to accept office, no other person shall be qualified for appointment as President of the Circuit Court. (b) Each of the persons (other than the existing President of the Circuit Court) who are judges of the existing Circuit Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the Circuit Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the Circuit Court. (c) Paragraphs (a) and (b) of this subsection apply only in relation to the qualification for appointment of the first judges of the Circuit Court. (d) Subsections (2) and (3) of this section shall have effect subject to the preceding paragraphs of this subsection.

Age of retirement of judge of Circuit Court.

18.—(1) The age of retirement of a judge of the Circuit Court shall be seventy years.

Pensions of judges of Circuit Court.

19.—(1) The provisions set out in Part II of the Second Schedule to this Act shall apply to the pensions of judges of the Circuit Court.

Circuits and assignment of judges to circuits.

20.—(1) The circuits created under section 16 (repealed by this Act) of the Act of 1953 shall be the circuits for the purposes of the Circuit Court.

Circuit Court to be a court of record.

21.—The Circuit Court shall be a court of record.

Jurisdiction of Circuit Court, except in applications for new on-licences and in indictable offences.

22.—(1) (a) Subject to paragraphs (b) and (c) of this subsection, the Circuit Court shall, concurrently with the High Court, have all the jurisdiction of the High Court to hear and determine any proceedings of the kind mentioned in column (2) of the Third Schedule to this Act at any reference number. (b) Unless the necessary parties to the proceedings in a cause sign, either before or at any time during the hearing, the form of consent prescribed by rules of court, the Circuit Court shall not, by virtue of paragraph (a) of this subsection, have jurisdiction to hear and determine any cause of the kind mentioned in column (2) of the Third Schedule to this Act at a particular reference number in the case mentioned in column (3) of the said Schedule at that reference number. (c) The Circuit Court shall not, by virtue of paragraph (a) of this subsection, have jurisdiction to hear and determine any matter of the kind mentioned in column (2) of the Third Schedule to this Act at a particular reference number in the case mentioned in column (3) of the said Schedule at that reference number. (d) The jurisdiction of the Circuit Court to hear and determine proceedings of the kind mentioned in column (2) of the Third Schedule to this Act at a particular reference number shall be exercised by the judge of the Circuit Court mentioned in column (4) of the said Schedule at that reference number. (e) Where an incorporeal hereditament is involved in any proceedings in respect of which the Circuit Court has jurisdiction by virtue of this subsection, references in column (4) of the Third Schedule to this Act to the circuit where the land or any part of the land is situate shall be construed as references to the circuit where the land or any part of the land to, out of or in respect of which the incorporeal hereditament is annexed, arises, issues or is exercisable is situate.

Jurisdiction of Cork Circuit Court Judge in admiralty causes and in bankruptcy.

23.—(1) In this section— “the Cork Circuit” means the circuit of the Circuit Court consisting of the county and county borough of Cork; “the Cork Circuit Court Judge” means the judge of the Circuit Court for the time being assigned to the Cork Circuit.

Jurisdiction of Circuit Court in applications for new on-licences.

24.—(1) In this section “on-licence” has the same meaning as in the Licensing Acts, 1833 to 1960.

Jurisdiction of Circuit Court in indictable offences.

25.—(1) Subject to subsection (2) of this section, the Circuit Court shall have and may exercise every jurisdiction as respects indictable offences for the time being vested in the Central Criminal Court and every person lawfully brought before the Circuit Court in exercise of such jurisdiction may be indicted before and tried and, if convicted, sentenced by the Circuit Court accordingly.

Transfer of trials in criminal cases by judge of the Circuit Court.

26.—(1) A judge of the Circuit Court may, if he thinks fit, transfer the trial of a criminal issue from the place in his circuit where it is required by law to be held to any other place in that circuit, and, in that event, the trial shall be held at the place to which it is transferred with a jury drawn from the jury district or other area prescribed for trials by the Circuit Court sitting in the latter place.

Jurisdiction to be exercised pursuant to rules of court (Circuit Court, Cork Local Admiralty Court and Cork Local Bankruptcy Court).

27.—(1) The jurisdiction which is by virtue of this Act vested in or exercisable by the Circuit Court, the Cork Local Admiralty Court and the Cork Local Bankruptcy Court respectively shall be exercised so far as regards pleading, practice and procedure generally, including liability to costs, in the manner provided by rules of court, and where, as regards the jurisdiction of the Cork Local Admiralty Court and the Cork Local Bankruptcy Court, there is no provision in such rules and so long as there is no rule in reference thereto, it shall be exercised as nearly as possible in the same manner as it might have been exercised by the former Recorder of Cork.

PART IV

District Court General Provisions Number of justices of District Court.

28.—The number of justices of the District Court, in addition to the President of the District Court, shall not be more than thirty-four.

Qualifications of justices of District Court and interpretation of section 2 of the Act of 1949, as applied by section 48 of this Act.

29.—(1) (a) Each of the persons who are justices of the existing District Court immediately before the operative date shall be qualified for appointment as a justice of the District Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as a justice of the District Court. (b) Paragraph (a) of this subsection applies only in relation to the qualification for appointment of the first justices of the District Court. (c) Subsections (2) and (3) of this section shall have effect subject to the preceding paragraphs of this subsection.

Age of retirement of justice of District Court.

30.—(1) The age of retirement of a justice of the District Court shall be sixty-five years.

Pensions of justices of District Court.

31.—(1) The provisions set out in Part III of the Second Schedule to this Act shall apply to the pensions of justices of the District Court.

District court areas and districts and assignment of justices to districts.

32.—(1) The areas created under section 21 (repealed by this Act) of the Act of 1953 shall be the district court areas for the purposes of the District Court.

Jurisdiction of District Court.

33.—(1) There shall be vested in and transferred to the District Court— (a) all jurisdiction which, by virtue of sections 77 and 78 of the Act of 1924, was, immediately before the operative date, vested in or capable of being exercised by the existing District Court, (b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing District Court.

Jurisdiction to be exercised pursuant to rules of court (District Court).

34.—The jurisdiction which is by virtue of this Act vested in or exercisable by the District Court shall be exercised as regards pleading, practice and procedure generally, including liability to costs, in the manner provided by rules of court made under section 91 of the Act of 1924, as applied by section 48 of this Act.

Provisions relating to the President of the District Court and to the Dublin Metropolitan District Qualification for appointment as President of the District Court and assignment.

35.—(1) (a) A justice of the District Court shall be qualified for appointment as President of the District Court, provided however that a person who is a justice of the existing District Court immediately before the operative date shall be qualified for appointment as first President of the District Court. (b) A person who is qualified for appointment as a justice of the District Court shall be qualified for appointment as President of the District Court, other than as first President thereof.

General powers of President of the District Court.

36.—(1) For ensuring the prompt and efficient discharge of the business of the District Court in the several districts thereof, the President of the District Court shall have and exercise the powers conferred on him by subsections (2), (3) and (4) of this section.

Abolition of Divisions of Dublin Metropolitan Justices.

37.—On and from the operative date, the three Divisions of the justices permanently assigned to the Dublin Metropolitan District, being the Divisions formed by section 5 (repealed by this Act) of the Act of 1946, shall stand abolished.

Principal Justices of the Dublin Metropolitan District.

38.—(1) Each person who was nominated under subsection (1) of section 6 (repealed by this Act) of the Act of 1946 to be a Principal Justice of a Division of the Dublin Metropolitan Justices and who is appointed under subsection (1) of section 29 of this Act to be a justice of the District Court shall hold the office of Principal Justice of the Dublin Metropolitan District (to which District such person shall be permanently assigned by the Government) and shall hold that office so long as he holds the office of justice of the District Court.

Number of justices of Dublin Metropolitan District.

39.—On the operative date, the Minister shall, after consultation with the President of the District Court, determine the number of justices of the District Court to be permanently assigned to the Dublin Metropolitan District and may from time to time, as he shall think fit, after consultation with the said President, alter the number of justices to be so assigned to that District.

Places at which business of Dublin Metropolitan District is to be transacted.

40.—On the operative date, the Minister shall, after consultation with the President of the District Court, appoint the places in the Dublin Metropolitan District for the transaction of the business of the District Court in that District and may from time to time, as he shall think fit, after consultation with the said President, alter the places so appointed.

Number of sitting days in each week for justices assigned to Dublin Metropolitan District.

41.—The Minister may from time to time, as he shall think fit, after consultation with the President of the District Court, determine the number of days in each week on which the justices of the District Court assigned to the Dublin Metropolitan District shall normally sit in that District for the transaction of the business of the District Court.

Business of District Court in Dublin Metropolitan District.

42.—(1) The President of the District Court shall— (a) arrange for the distribution of the business of the District Court in the Dublin Metropolitan District amongst the several justices of the District Court assigned to that District, and (b) determine the class or classes of business to be transacted in each of the several places appointed by the Minister under section 40 of this Act for the transaction of the business of the District Court in the Dublin Metropolitan District and the days and hours at which such class or classes of business shall be transacted in the several places so appointed.

Restriction of section 26 of Act of 1953.

43.—Before exercising the power conferred on him by paragraph (f) of subsection (1) of section 26 of the Act of 1953, as applied by section 48 of this Act, the Minister shall consult the President of the District Court.

Ex officio members of District Court Rules Committee.

44.—The ex officio members of the District Court Rules Committee established by section 71 of the Act of 1936, as applied by section 48 of this Act, shall be the President of the District Court (who shall be chairman of the Committee) and such one of the district court clerks of the Dublin Metropolitan District as the Minister shall nominate in that behalf, who shall be secretary of the Committee.

PART V

Miscellaneous Provisions Administration of justice otherwise than in public.

45.—(1) Justice may be administered otherwise than in public in any of the following cases: (a) applications of an urgent nature for relief by way of habeas corpus, bail, prohibition or injunction; (b) matrimonial causes and matters; (c) lunacy and minor matters; (d) proceedings involving the disclosure of a secret manufacturing process;

Provisions in relation to remuneration and pensions of judges and justices.

46.—(1) There shall be paid to the several judges of the Supreme Court and of the High Court the following remuneration— (a) to the Chief Justice the sum of £5,335 a year, (b) to the President of the High Court and to each of the ordinary judges of the Supreme Court the sum of £4,070 a year, (c) to each of the ordinary judges of the High Court the sum of £3,575 a year.

Interest on judgment debts.

47.—(1) Every judgment debt due upon a judgment of the Circuit Court obtained on or after the operative date shall be deemed a judgment debt within the meaning of section 26 (which provides that judgment debts are to carry interest) of the Debtors (Ireland) Act, 1840 .

(2)

Section 26

of the Debtors (Ireland) Act, 1840 , and the said section 26, as extended by subsection (1) of this section, shall apply to a judgment debt due to or from a State authority.

Application of enactments relating to existing courts and judges and officers thereof, and rules of court.

48.—(1) (a) Subject to paragraph (b) of this subsection, this section applies to the following enactments— (i) any enactment contained in the Courts of Justice Acts, 1924 to 1961, the Court Officers Acts, 1926 to 1961, or the Criminal Justice Act, 1951 , (ii) any other enactment wherein there is a reference to a court established by the Act of 1924 or to a judge or officer thereof, (iii) any instrument (other than rules of court) which is in force immediately before the operative date and was made under any enactment referred to in subparagraph (i) or (ii) of this paragraph. (b) This section does not apply to— (i) any enactment which has been repealed before the operative date or which is repealed by this Act, or (ii) subsection (2) of section 19 and sections 77 and 78 of the Act of 1924.

Preservation of continuity of administration and enforcement of justice.

49.—(1) The continuity of the administration and enforcement of justice shall not be interrupted by the coming into operation of the Principal Act or this Act.

Appeals from District Court in criminal cases against sentence only.

50.—Where— (a) an order is made in a criminal case by a justice of the District Court convicting a person and sentencing him to pay a penal or other sum or to do anything at any expense or to undergo a term of imprisonment or to be detained in Saint Patrick's Institution, and (b) an appeal is taken against the order, and (c) either— (i) the notice of appeal states that the appeal is against so much only of the order as relates to the sentence, or (ii) the appellant, on the hearing of the appeal, indicates that he desires to appeal against so much only of the order as relates to the sentence, then, notwithstanding any rule of law, the Circuit Court shall not, on the hearing of the appeal, re-hear the case except to such extent as shall be necessary to enable the court to adjudicate on the question of sentence.

Extension of section 2 of the Summary Jurisdiction Act, 1857.

51.—(1)

Section 2

of the Summary Jurisdiction Act, 1857 , is hereby extended so as to enable any party to any proceedings whatsoever heard and determined by a justice of the District Court (other than proceedings relating to an indictable offence which was not dealt with summarily by the court) if dissatisfied with such determination as being erroneous on a point of law, to apply in writing within fourteen days after such determination to the said justice to state and sign a case setting forth the facts and the grounds of such determination for the opinion thereon of the High Court.

Case stated for High Court on question of law.

52.—(1) A justice of the District Court shall, if requested by any person who has been heard in any proceedings whatsoever before him (other than proceedings relating to an indictable offence which is not being dealt with summarily by the court) unless he consider the request frivolous, and may (without request) refer any question of law arising in such proceedings to the High Court for determination.

Application of section 26 of Hire-Purchase (Amendment) Act, 1960.

53.—

Section 26

of the Hire-Purchase (Amendment) Act, 1960 , shall apply to any action pending in the High Court which is founded on a credit-sale agreement (within the meaning of the Hire-Purchase Acts, 1946 and 1960).

Jurisdiction to bind to the peace or to good behaviour.

54.—The jurisdiction formerly exercisable by justices of the peace to make an order 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 recognizance in that behalf may be exercised by— (a) a judge of the Supreme Court or the High Court, or (b) a judge of the Circuit Court within the circuit to which he is for the time being assigned, or (c) a justice of the District Court within the district to which he is for the time being assigned.

Offices and officers, etc. under Court Officers Acts, 1926 to 1951.

55.—(1) The provisions set out in the Eighth Schedule to this Act shall apply in relation to offices and officers to be attached to the High Court, the Supreme Court and the President of the High Court respectively.

Power to continue county registrars in office after reaching age of sixty-five years.

56.—(1) (a) In this section “the Committee” means a committee consisting of— (i) the Chief Justice, (ii) the President of the High Court, and (iii) the Attorney General. (b) The Committee may act by a majority of its members and a warrant under this section shall be sufficiently authenticated if signed by two members of the Committee.

Pension of Master of the High Court, Taxing-Master and county registrar.

57.—(1) Where— (a) a person who holds the office of Master of the High Court, Taxing-Master or county registrar ceases to hold that office (otherwise than on being removed from that office by the Government on the ground of misconduct or inefficiency) either after attaining the age of sixty-five years or upon medical certificate that he is incapable, from infirmity of mind or body, of discharging the duties of that office and that the infirmity is likely to be permanent, and (b) he has completed five or more years of continuous service in one or more of the said offices he shall, subject to the provisions of this section, be eligible for a pension consisting of— (i) if he has completed twenty or more years of such service, two-thirds of the annual remuneration in respect of the office which he ceases to hold, or (ii) if he has not completed twenty years of such service, one-sixth of the annual remuneration in respect of the office which he ceases to hold together with one-thirtieth of that remuneration for each (if any) completed year of such service in excess of five.

Special provisions for person who, on the operative date, holds the office of Master of the High Court, Taxing-Master or county registrar.

58.—(1) Notwithstanding the terms of section 57 of this Act, that section shall not apply in relation to a person who, on the operative date, holds the office of Master of the High Court, Taxing-Master or county registrar unless and until he elects under this section to accept the provisions of the said section 57.

Officers of Cork Local Admiralty Court and Cork Local Bankruptcy Court.

59.—(1) In this section— “the existing Cork Circuit Court Judge” means the judge of the existing Circuit Court for the circuit of the existing Circuit Court consisting of the county and county borough of Cork; “the Cork County Registrar” means the county registrar for the county and county borough of Cork.

Right of audience of solicitors in Circuit Court, Cork Local Admiralty Court and Cork Local Bankruptcy Court.

60.—A solicitor who is acting generally for a party in an action, suit, matter or criminal proceedings in the Circuit Court, the Cork Local Admiralty Court or the Cork Local Bankruptcy Court and a solicitor qualified to practise (within the meaning of the Solicitors Act, 1954 ) who is acting as his assistant shall have a right of audience in such Court.

Solicitors and commissioners for oaths.

61.—All persons who, immediately before the operative date, were solicitors of the courts mentioned in column (2) of Part I of the Seventh Schedule to this Act and all persons who, immediately before the operative date, were commissioners to administer oaths shall on the operative date become respectively solicitors of the courts mentioned in column (3) of the said Part I and commissioners to administer oaths.

FIRST SCHEDULE Enactments Repealed

Section 3.

Session and Chapter or Number and Year Short Title Extent of Repeal

(1)

(2)

Dublin Police Act, 1842 .

Section 68.

43 & 44 Vic. c. 39.

Lunacy (Ireland) Act, 1880.

The whole Act.

6 Edw. 7. c. 37.

Labourers (Ireland) Act, 1906.

In subsection (1) of section 31, all words from “and the Local Government Board” to the end of the subsection.

No. 10 of 1924.

Courts of Justice Act, 1924 .

Section 2; in section 3, the definition of “Central Criminal Court”; sections 4, 5, 6, 7, 8, 11, 13, 14, 16, 17 and 18; subsections (1) and (3) of section 19; in section 20, the words “From and after the commencement of this Act”; sections 21 and 22; in section 27, the words “From and after the commencement of this Act”; sections 30, 37, 41, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, 56 and 57; in section 60, all words from “Any judgment” to the end of the section; sections 67, 69, 70 and 74; in section 78, all words from “and the provisions” to the end of the section; sections 82, 83, 89, 93, 98, 99, 100, 102, 103 and 104; the Schedule.

No. 1 of 1926.

Courts of Justice Act, 1926 .

Sections 2, 3, 4 and 7.

No. 27 of 1926.

Court Officers Act, 1926 .

Subsection (2) of section 1; in section 2, the definitions of “the Chief Justice” and “court” subsections (1) and (2) of section 3; in subsection (6) of section 3, the words from “but such age”to the end of the subsection; sections 4, 5, 6, 7, 10, 11, 13, 14, 19, 20, 21, 22, 25 and 26; in subsection (1) of section 28, the words “the Central Office and”; subsection (2) of section 28; section 30; in subsection (6) of section 35, from the words “but such age” to the end of the subsection; in subsection (1) of section 38, the words “or, where a local bankruptcy court formerly existed, the registrar, or any other officer of that court except the official assignee”; sections 45, 49 and 50; in subsection (1) of section 51, the words “after the appointed day” subsection (2) of section 51; section 55; subsection (4) of section 59; section 62; subsections (1), (2), (3), (4) and (6) of section 63; section 64.

No. 29 of 1927.

Courts of Justice Act, 1927 .

The whole Act.

No. 15 of 1928.

Courts of Justice Act, 1928 .

In subsection (1) of section 1, the definition of “the Chief Justice” subsection (2) of section 1; sections 2, 3, 4, 8, 9 , 13, 14, 15 and 22; the Schedule.

No. 35 of 1928.

Courts of Justice (No.2) Act, 1928 .

The whole Act.

No. 40 of 1931.

Courts of Justice (No.2) Act, 1931 .

The whole Act.

No. 48 of 1936.

Courts of Justice Act, 1936 .

Sections 3, 4, 5 and 6; subsection (1) of section 7; sections 8, 9, 15, 17, 18, 19, 25, 26, 27 and 28; in subsection (3) of section 31, the words “, on the commencement of this Part of this Act,” and “, as on and from such commencement,”; subsection (1) of section 33; in subsection (2) of section 33, the words “At any time after the commencement of this Part of this Act,”; sections 45, 48 and 50; subsections (2) and (4) of section 51; sections 54 and 56; paragraph (c) of subsection (3) of section 64; the First Schedule.

No. 25 of 1945.

Court Officers Act, 1945 .

Sections 2, 3, 4, 5, 7 and 8.

No. 21 of 1946.

Courts of Justice (District Court) Act, 1946 .

In section 2, all definitions except the definitions of “Justice”and “the Minister” sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19 and 22; the Schedule.

No. 20 of 1947.

Courts of Justice Act, 1947 .

Sections 2, 4, 5, 6, 7 and 8; subsections (1) and (2) of section 9; in subsection (3) of section 9, the words “shall be appointed from amongst the Circuit Judges by the President acting on the advice of the Government and” subsection (4) of section 9; sections 13, 14, 15, 17, 18 and 20; the Schedule.

No. 8 of 1949.

Courts of Justice (District Court) Act, 1949 .

Sections 3 and 4; the Schedule.

No. 2 of 1951.

Criminal Justice Act, 1951 .

Sections 19 and 26; the Second Schedule.

No. 32 of 1953.

Courts of Justice Act, 1953 .

Sections 3, 4, 6, 7, 8, 9, 10, 11, 16, 17 and 18; subsection (1) of section 19; sections 20, 21, 22, 23, 24, 25 and 32; the Schedule.

No. 35 of 1959.

Courts of Justice Act, 1959 .

The whole Act.

No. 15 of 1960.

Hire-Purchase (Amendment) Act, 1960 .

Paragraph (a) of subsection (1) of section 19; paragraph (a) of subsection (2) of section 19.

SECOND SCHEDULE Pensions of Judges of Courts Established by the Principal Act Sections 6 , 19 and 31.

Part I

Pensions of Judges of Supreme Court and High Court 1. In this Part “service” means service as a judge of the Supreme Court, the High Court, the Circuit Court, the existing Supreme Court, the existing High Court or the existing Circuit Court.

Part II

Pensions of Judges of Circuit Court 4. In this Part “service” means service as a judge of the Circuit Court or the existing Circuit Court or as a justice of the District Court or the existing District Court.

Part III

Pensions of Justices of District Court 7. In this Part— “justice”, where used without qualification, means a justice of the District Court; “service”, in relation to a justice, means any service by him, being— (a) service as a District Justice under the District Justices (Temporary Provisions) Act, 1923 , (b) service as a justice of the existing District Court, (c) service as an additional justice, appointed under section 13 of the Courts of Justice Act, 1928 , of the existing District Court, or (d) service as a justice; “the Superannuation Acts” means the Superannuation Act, 1834 , as amended and extended by subsequent enactments, other than the Superannuation Act, 1956 .

THIRD SCHEDULE Civil Proceedings In Respect Of Which The Jurisdiction Of The High Court Is, With Quantitative Limitations, Conferred On The Circuit Court, And Judges Of The Circuit Court By Whom The Jurisdiction Is To Be Exercised

Section 22 (1)

.

Ref.No Civil proceedings in respect of which jurisdiction is conferred on the Circuit Court Exclusion of jurisdiction (except by consent of necessary parties) in certain cases Judge of Circuit Court by whom jurisdiction is to be exercised

(1)

(2)

(3)

An action (other than an action of the kind specified in column (2) of this Schedule at reference number 3, 4 or 5) founded on contract or quasi-contract.

Where the amount of the claim exceeds £600.

At the election of the plaintiff (whether the claim be to enforce, rescind, dissolve or annul the contract or for damages or other relief for the breach thereof)— (a) the judge of the circuit within which the contract was made, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.

2.

An action (other than an action of the kind specified in column (2) of this Schedule at reference number 3, 4 or 5) founded on contract where the debt or demand claimed consists of a balance after a set-off of any debt or demand claimed or recoverable by the defendant from the plaintiff, being a set-off admitted by the plaintiff in the particulars of his claim or demand.

Where the amount of the balance claimed exceeds £600.

3.

An action by the owner of goods let under a hire-purchase agreement (within the meaning of the Hire -Purchase Acts, 1946 and 1960) to enforce a right to recover possession of the goods from the hirer.

Where the hire-purchase price (within the meaning of the said Acts) exceeds £l,000.

Where the amount of the claim exceeds £1,000.

In case the defendant or one of the defendants ordinarily resides or carries on business in the State—the judge of the circuit where the defendant or one of the defendants resides or carries on business.

In any other case—the judge of the circuit within which the hire-purchase agreement was made.

4.

An action by the owner of goods let under a hire-purchase agreement (within the meaning of the Hire - Purchase Acts, 1946 and 1960) to enforce payment of a sum due under the hire-purchase agreement or under any contract of guarantee relating thereto.

5.

An action commenced after the commencement of the Act founded on a credit-sale agree ment (within the meaning of the Hire-Purchase Acts, 1946 and 1960).

Where the amount of the claim exceeds £1,000.

In case the defendant or one of the defendants ordinarily resides or carries on business in the State—the judge of the circuit where the defendant or one of the defendants resides or carries on business.

In any other case—the judge of the circuit within which the credit-sale agreement was made.

6.

An action (other than an action for wrongful detention or matrimonial proceedings) founded on tort (other than criminal conversation with a man's wife).

Where the amount of the claim exceeds £600.

At the election of the plaintiff— (a) the judge of the circuit where the tort is alleged to have been committed, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.

7.

An action for wrongful detention.

Where the value of the goods claimed exceeds £600.

8.

An action in which the title to land comes into question, other than an action of ejectment.

Where the rateable valuation of the land exceeds £60.

The judge of the circuit where the land or any part of the land is situate.

9.

An action of ejectment other than— (a) an action under section 82 of the Civil Bill Courts (Ireland) Act, 1851 , or under section 78 of 80 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 (hereinafter in this Schedule referred to as the Act of 1860), or (b) an action of the kind specified in column (2) of this Schedule at reference number 10.

10.

An action of ejectment for a year's rent in arrear maintainable in the High Court under section 52 of the Act of 1860.

Where the rateable valuation of the land exceeds £60.

The judge of the circuit where the land in respect of which the rent in arrear is payable or any part of that land is situate.

11.

An action for rent in arrear maintainable in the High Court under section 45 of the Act of 1860.

Where the rent in arrear exceeds £600.

12.

An action for use and occupation of land maintainable in the High Court under section 46 of the Act of 1860.

Where the amount claimed exceeds£600.

The judge of the circuit where the land or any part of the land is situate.

13.

An action for double rent for overhold-ing land maintainable in the High Court under section 76 of the Act of 1860.

14.

An action to recover double the value of goods fraudulently carried off or concealed or clandestinely removed to prevent distress for arrears of rent and maintainable in the High Court under section 3 of the pre-Union Irish statute 15 Geo. 2. c. 8 (Ir.) (1741) entitled “An Act for the more effectual securing the payment of rents, and preventing frauds by tenants”.

Where the value of the goods removed exceeds £300.

The judge of the circuit where the defendant or one of the defendants resides or carries on business.

15.

An application under—(a) section 34 or 52 of the Registration of Title Act, 1891, or (b) section 13 of the Registration of Title Act, 1942 (No. 26 of 1942).

Where the rateable valuation of the land exceeds £60.

The judge of the Circuit where the land or any part of the land is situate.

16.

An action in respect of the grant or revocation of the grant of probate of the will or letters of administration of the estate of a deceased person in case there is any contention in relation thereto.

Where the estate of the deceased person— (a) in so far as it consists of personalty, exceeded at the time of his death in amount or value £2,000, exclusive of what he may have been entitled to as a trustee and not beneficially, but without deducting anything on account of debts due and owing from the deceased, or (b) in so far as it consisted of land of which he was at the time of his death beneficially seised or possessed, exceeded the rateable valuation of £60.

17.

Proceedings for the administration of the estate of a deceased person.

The judge of the circuit where the testator or intestate had at the time of his death a fixed place of abode.

18.

Proceedings for the dissolution of a partnership or the taking of partnership or other accounts.

Where the property of the partnership— (a) in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60.

At the election of the plaintiff— (a) the judge of the circuit where the partnership business was or is carried on, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.

19.

Proceedings for any of the following purposes— (a) the redemption of mortgages on land, (b) the raising of portions or other charges on land, (c) the sale and distribution of the proceeds of any land subject to any mortgage, lien or charge.

Where the rateable valuation of the land exceeds £60.

The judge of the circuit where the land or any part of the land is situate.

20.

Proceedings for the execution of trusts, charitable or private.

Where— (a) the trust estate or fund, in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) the trust estate, in so far as it consists of land, exceeds the rateable valuation of £60.

The judge of the circuit where the defendant or one of the defendants resides or carries on business.

21.

Proceedings for the rectification or setting aside or cancellation of deeds or other written instruments.

Where the subject matter— (a) in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60.

Where the subject matter consists entirely of personalty, the judge of the circuit where the defendant or one of the defendants resides or carries on business.

Where the subject matter consists in whole or in part of land, at the option of the plaintiff— (a) the judge of the circuit where the defendant or one of the defendants resides or carries on business, or (b) the judge of the circuit where the land or any part of the land is situate.

22.

Proeedings for specific performance of contrats.

23.

Proceedings for the partition or sale of land.

Where the rateable valuation of the land exceeds £60.

The judge of the circuit where the land or any part of the land is situate.

24.

Proceedings for the wardship of infants and the care of infants' estates.

Where the property— (a) in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60.

The judge of the circuit where the infant or one of the infants resides.

25.

Proceedings under the Settled Land Acts, 1882 to 1890.

Where the property— (a) in so far as it consists of capital money arising under the said Acts, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60.

The judge of the circuit where the land or the land (represented by the capital money) or any part of the land is situate.

26.

Proceedings under the Trustee Acts, namely, the Trustee Act, 1893 , the Trustee Act, 1893, Amendment Act, 1894 , and the Trustee Act, 1931 (No. 20 of 1931).

Where the trust property— (a) in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60.

The judge of the circuit where the applicant or one of the applicants resides.

27.

An action (in relation to property) claiming an injunction, otherwise than as ancillary to other relief.

Where the property— (a) in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60.

Where the property consists only of personalty, the judge of the circuit where the defendant or one of the defendants resides or carries on business. Where the property consists of land, at the option of the plaintiff— (a) the judge of the circuit where the defendant or one of the defendants resides or carries on business, or (b) the judge of the circuit where the land or any part of the land is situate.

28.

Proceedings in relation to property not hereinbefore specified in this Schedule and which immediately before the commencement of Part I of the Courts of Justice Act, 1924 (No. 10 of 1924), were assigned to the Chancery Division of the former High Court of Justice in Southern Ireland, other than proceedings in relation to companies.

Where the property— (a) in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60.

Where the proceedings are in a cause, the judge of the circuit where the defendant or one of the defendants resides or carries on business.

Where the proceedings are in a matter and any land is involved, at the option of the applicant— (a) the judge of the circuit where the applicant resides or carries on business, or (b) the judge of the circuit where the land or any part of the land is situate.

Where the proceedings are in a matter, and no land is involved, the judge of the circuit where the applicant resides or carries on business.

29.

Proceedings (other than proceedings under the Gárda Síochána (Compensation) Acts, 1941 and 1945) by any person, including a State authority, to recover any sum (including a sum recoverable by way of debt, penalty, forfeiture or otherwise, but excluding a fine to which a person is liable on conviction of a criminal offence) recoverable by virtue of any enactment, other than an enactment set out in the Fourth Schedule to this Act.

Where the amount due or recoverable exceeds £600.

The judge of the circuit where the defendant or one of the defendants resides or carries on business.

FOURTH SCHEDULE Jurisdiction of the Circuit Court under certain British statutes and Saorstát éireann statutes, and judges of the Circuit Court by whom the jurisdiction is to be exercised

Section 22

Ref. No.

Enactments conferring jurisdiction on former Recorders, County Court Judges, Chairmen of Quarter Sessions, or Courts of Quarter Sessions Judge of Circuit Court by whom jurisdiction is to be exercised

(1)

(2)

Excise Management Act, 1827 (7 and 8 Geo. 4. c. 53)—section 82.

The judge of the circuit in which is situate the courthouse in which the judgment appealed against was given.

2.

Grand Jury (Ireland) Act, 1836 (6 & 7 Will. 4. c. 116)— section 87.

The judge of the circuit where the defendant resides.

3.

Poor Relief (Ireland) Act, 1838 (1 & 2 Vic. c. 56)— sections 73 and 78.

The judge of the circuit where the person liable to pay the rate resides.

4.

Poor Relief (Ireland) Act, 1838 (1 & 2 Vic. c. 56)— sections 106 to 109 and section 112.

The judge of the circuit where the rate was made.

5.

Drainage (Ireland) Act, 1842 (5 & 6 Vic. c. 89)— section 58.

The judge of the circuit where any part of the drain, stream or rivulet required to be cleaned or scoured is situate.

6.

Scientific Societies Act, 1843 (6 & 7 Vic. c. 36)— sections 5 and 6.

The judge of the circuit where the land or buildings of the society are situate.

7.

Poor Relief (Ireland) Act, 1843 (6 & 7 Vic. c. 92)— sections 2 and 3.

The judge of the circuit where the property is situate.

8.

County Dublin Grand Jury Act, 1844 (7 & 8 Vic. c. 106)— section 110.

The judge of the circuit where the defendant resides.

9.

Drainage (Ireland) Act, 1846 (9 & 10 Vic. c. 4)—