Courts (Supplemental Provisions) Act, 1961

Courts (Supplemental Provisions) Act, 1961 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 1961 Courts (Supplemental Provisions) Act, 1961 Courts (Supplemental Provisions) Act, 1961 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 39 of 1961. COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961. ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title and commencement. 2. Interpretation generally. 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 4. Number of ordinary judges of Supreme Court and High Court. 5. Qualifications of judges of Supreme Court and High Court. 6. Pensions of judges of Supreme Court and High Court. 7. General jurisdiction of Supreme Court. 8. General jurisdiction of High Court. 9. Jurisdiction of High Court in lunacy and minor matters. 10. Jurisdiction of Chief Justice and President of the High Court. 11. The Central Criminal Court. 12. Jurisdiction of Court of Criminal Appeal. 13. High Court Circuits. 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 15. Definitions (Part III). 16. Number of ordinary judges of Circuit Court. 17. Qualifications of judges of Circuit Court. 18. Age of retirement of judge of Circuit Court. 19. Pensions of judges of Circuit Court. 20. Circuits and assignment of judges to circuits. 21. Circuit Court to be a court of record. 22. Jurisdiction of Circuit Court, except in applications for new on-licences and in indictable offences. 23. Jurisdiction of Cork Circuit Court Judge in admiralty causes and in bankruptcy. 24. Jurisdiction of Circuit Court in applications for new on-licences. 25. Jurisdiction of Circuit Court in indictable offences. 26. Transfer of trials in criminal cases by judge of the Circuit Court. 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 28. Number of justices of District Court. 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. 30. Age of retirement of justice of District Court. 31. Pensions of justices of District Court. 32. District court areas and districts and assignment of justices to districts. 33. Jurisdiction of District Court. 34. Jurisdiction to be exercised pursuant to rules of court (District Court). 35. Qualification for appointment as President of the District Court and assignment. 36. General powers of President of the District Court. 37. Abolition of Divisions of Dublin Metropolitan Justices. 38. Principal Justices of the Dublin Metropolitan District. 39. Number of justices of Dublin Metropolitan District. 40. Places at which business of Dublin Metropolitan District is to be transacted. 41. Number of sitting days in each week for justices assigned to Dublin Metropolitan District. 42. Business of District Court in Dublin Metropolitan District. 43. Restriction of section 26 of Act of 1953. 44. Ex officio members of District Court Rules Committee. PART V Miscellaneous Provisions 45. Administration of justice otherwise than in public. 46. Provisions in relation to remuneration and pensions of judges and justices. 47. Interest on judgment debts. 48. Application of enactments relating to existing courts and judges and officers thereof, and rules of court. 49. Preservation of continuity of administration and enforcement of justice. 50. Appeals from District Court in criminal cases against sentence only. 51. Extension of section 2 of the Summary Jurisdiction Act, 1857. 52. Case stated for High Court on question of law. 53. Application of section 26 of Hire-Purchase (Amendment) Act, 1960. 54. Jurisdiction to bind to the peace or to good behaviour. 55. Offices and officers, etc. under Court Officers Acts, 1926 to 1951. 56. Power to continue county registrars in office after reaching age of sixty-five years. 57. Pension of the Master of High Court, Taxing-Master and county registrar. 58. Special provisions for person who, on the operative date, holds the office of Master of the High Court, Taxing-Master or county registrar. 59. Officers of Cork Local Admiralty Court and Cork Local Bankruptcy Court. 60. Right of audience of solicitors in Circuit Court, Cork Local Admiralty Court and Cork Local Bankruptcy Court. 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. (2) This Act shall come into operation on the date on which the Principal Act comes into operation and immediately after the coming into operation of the Principal Act. 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. (2) Except where the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended, adapted or applied by or under any other enactment, including this 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. (2) The number of ordinary judges of the High Court shall not be more than six. 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. (2) (a) A person who is for the time being a practising barrister of not less than twelve years' standing shall be qualified for appointment as a judge of the Supreme Court or the High Court. (b) For the purposes of paragraph (a) of this subsection, service as a judge of the existing Circuit Court or of the Circuit Court shall be deemed practice at the Bar. (3) An ordinary judge of the Supreme Court shall be qualified for appointment as President of the High Court or as Chief Justice. (4) The President of the High Court shall be qualified for appointment as an ordinary judge of the Supreme Court or as Chief Justice. (5) An ordinary judge of the High Court shall be qualified for appointment as an ordinary judge of the Supreme Court or as President of the High Court or as Chief Justice. 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. (2) Where a judge of the Supreme Court or High Court is removed from office on account of incapacity, he shall be deemed for the purpose of pension to have vacated his office owing to permanent infirmity. 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. (2) There shall be vested in the Supreme Court— (a) all jurisdiction which was, immediately before the commencement of Part I of the Act of 1924, vested in or capable of being exercised by the former Court of Appeal in Southern Ireland or any judge or judges thereof and was, immediately before the operative date, vested in or capable of being exercised by the existing Supreme 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 Supreme Court. (3) Subject to subsection (4) of this section, an appeal to or other matter cognisable by the Supreme Court shall be heard and determined by five judges of the Supreme Court, including judges who are by virtue of subsection (3) or (4) of section 1 of the Principal Act additional judges of the Supreme Court. (4) The Chief Justice or, in his absence, the senior ordinary judge of the Supreme Court for the time being available may determine that an appeal to or other matter cognisable by the Supreme Court, not being a matter so cognisable under Article 12 or Article 26 of the Constitution or a question of the validity of any law having regard to the provisions of the Constitution, is to be heard and determined by three judges and, where such a determination is made, the appeal or matter to which the determination relates shall be heard and determined by three judges of the Supreme Court, including judges who are by virtue of subsection (3) or (4) of section 1 of the Principal Act additional judges of the Supreme Court. 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. (2) There shall be vested in the High Court— (a) all jurisdiction which was, immediately before the commencement of Part I of the Act of 1924, vested in or capable of being exercised by the former High Court of Justice in Southern Ireland or any division or judge thereof and was, immediately before the operative date, vested in or capable of being exercised by the existing High 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 High Court. (3) The jurisdictions vested in the High Court shall include all powers, duties and authorities incident to any and every part of the jurisdictions so vested. 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. (2) The jurisdiction vested in the High Court by subsection (1) of this section shall be exercisable by the President of the High Court or, where the President of the High Court so directs, by an ordinary judge of the High Court for the time being assigned in that behalf by the President of the High Court. (3) References in the Lunacy Regulation (Ireland) Act, 1871 , and the rules and orders made thereunder to “the Lord Chancellor entrusted as aforesaid” shall be construed as references to the judge of the High Court for the time being exercising the jurisdiction vested in the High Court by subsection (1) of this section. (4) (a) The President of the High Court or such other Judge of the High Court as may be assigned by him under subsection (2) of this section may from time to time by order made under section 118 of the Lunacy Regulation (Ireland) Act, 1871 , amend any form prescribed by or under that Act for use in relation to the jurisdiction in lunacy matters vested in the High Court by subsection (1) of this section by substituting in such form the expression “ward of court” or such other similar expression as he thinks proper for the word “lunatic” and the expression “person of unsound mind” respectively and by making such further consequential amendments in that form as he thinks necessary and proper. (b) Any order made under section 4 of the Courts of Justice Act, 1928 , as amended by paragraph (b) of subsection (2) of section 9 of the Act of 1936, which is in force immediately before the operative date shall continue in force and be deemed to have been made under paragraph (a) of this subsection. (5) Such solicitors, doctors, visitors and other persons as were, immediately before the operative date, retained or nominated in relation to the exercise of any jurisdiction which, by virtue of subsection (1) of section 19 of the Act of 1924 and subsection (1) of section 9 of the Act of 1936, was, immediately before the operative date, vested in the existing High Court shall be retained or nominated by the President of the High Court and section 59 of the Act of 1926, as applied by section 48 of this Act, shall not apply to them. 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. (2) Whenever the Chief Justice is unable owing to illness or for any other reason to transact the business of his office, all jurisdictions, powers, authorities and functions for the time being vested in him in virtue of his office shall be exercised or performed by the President of the High Court or, in the event of the President of the High Court being unable owing to illness or for any other reason to exercise or perform the said jurisdictions, powers, authorities and functions, by the senior ordinary judge of the Supreme Court who is for the time being available. (3) It shall be the function of the President of the High Court or, where he is not available, the senior ordinary judge of the High Court who is for the time being available to arrange the distribution and allocation of the business of the High Court. (4) Where the Chief Justice is of opinion that the conduct of a justice of the District Court has been such as to bring the administration of justice into disrepute, the Chief Justice may interview the justice privately and inform him of such opinion. (5) There shall be exercisable by the President of the High Court 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 President of the High Court. 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. (2) (a) The jurisdiction exercisable by the Central Criminal Court shall be exercisable by a judge or judges of the High Court (including the President of the High Court) nominated from time to time by the President of the High Court. (b) The jurisdiction of the Court shall be exercisable by each judge for the time being so nominated save that, where the President of the High Court directs that two or more such judges shall sit together for the purpose of a particular case, the jurisdiction of the Court for that purpose shall be exercised by those judges sitting together. (3) Every person lawfully brought before the Central Criminal Court may be indicted before and tried and sentenced by that Court, wherever it may be sitting, in like manner in all respects as if the crime with which such person is charged had been committed in the county or county borough in which the said Court is sitting. (4) References in any other enactment (whether passed before or after this Act) to the Central Criminal Court shall be construed as references to the High Court exercising the criminal jurisdiction with which it is invested. 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. (2) There shall be vested in the Court of Criminal Appeal 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 Court of Criminal Appeal. (3) In subsection (2) of section 44 of the Offences Against the State Act, 1939 , the reference to section 30 of the Act of 1924 shall be construed as a reference to subsection (1) of this section. 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. (2) The jurisdiction which is by virtue of this Act vested in or exercisable by the Supreme Court, the High Court, the Chief Justice, the President of the High Court, the Central Criminal Court and the Court of Criminal Appeal 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 no provision is contained in such rules and so long as there is no rule with reference thereto, it shall be exercised as nearly as possible in the same manner as it might have been exercised by the respective existing courts or judges by which or by whom such jurisdiction was, immediately before the operative date, respectively exercisable. (3) Rules of court may, in relation to proceedings and matters (not being criminal proceedings or matters or matters relating to the liberty of the person) in the High Court and Supreme Court, authorise the Master of the High Court and other principal officers, within the meaning of the Court Officers Acts, 1926 to 1951, to exercise functions, powers and jurisdiction in uncontested cases and to take accounts, conduct inquiries and make orders of an interlocutory nature. 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. (2) Notwithstanding subsection (1) of this section, if, on the operative date, there are nine ordinary judges of the Circuit Court, then, until the occurrence of the first vacancy in the office of judge of the Circuit Court, the number of ordinary judges of the Circuit Court shall not be more than nine. 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. (2) (a) A person who is for the time being a practising barrister of not less than ten years' standing shall be qualified for appointment as a judge of the Circuit Court. (b) For the purposes of paragraph (a) of this subsection, service, in the case of a barrister, as a justice of the existing District Court or of the District Court shall be deemed practice at the Bar. (3) An ordinary judge of the Circuit Court shall be qualified for appointment as President of the Circuit Court. 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. (2) Notwithstanding subsection (1) of this section, the age of retirement of a judge of the Circuit Court who was a judge of the existing Circuit Court at the passing of the Act of 1947 shall be seventy-two 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. (2) Where a judge of the Circuit Court is removed from office on account of incapacity, he shall be deemed for the purpose of pension to have vacated his office owing to permanent infirmity. 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. (2) (a) Where a person is appointed a judge of the Circuit Court, the Government shall permanently assign him to a particular circuit. (b) Notwithstanding paragraph (a) of this subsection, if, on the operative date, there are nine ordinary judges of the Circuit Court so that, in the making of the first assignments under that paragraph, one of such judges cannot be permanently assigned to a particular circuit, such judge may be permanently assigned by the Government at any time to a circuit and, pending such assignment, may from time to time be temporarily assigned to any circuit by the President of the Circuit Court. (c) Where a judge of the Circuit Court is temporarily assigned under paragraph (b) of this subsection to a circuit, then, such judge shall, while so temporarily assigned, have, in relation to such circuit and concurrently with any judge permanently assigned thereto and any judge who is temporarily assigned under section 10 of the Act of 1947 as applied by section 48 of this Act to such circuit, all the privileges, powers and duties for the time being conferred or imposed by law on a judge of the Circuit Court permanently assigned to such Circuit. (3) Any judge of the Circuit Court who is for the time being permanently assigned to a particular circuit may at any time, if he so consents but not otherwise, be transferred by the Government to another circuit, and shall upon such transfer become and be permanently assigned to that other circuit in lieu of the first-mentioned circuit. 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. (2) The Circuit Court shall, concurrently with the High Court, have and exercise the jurisdiction in lunacy matters which was conferred on the Lord Chancellor of Ireland by section 68 of the Lunacy Regulation (Ireland) Act, 1871 , that is to say, in cases where the property of the person alleged to be of unsound mind and incapable of managing his affairs does not exceed two thousand pounds in value or the income therefrom does not exceed one hundred pounds per annum. (3) (a) The Circuit Court shall have and exercise the several jurisdictions which— (i) were, under or by virtue of any enactment set out in column (2) of the Fourth Schedule to this Act or any other enactment formerly vested in or capable of being exercised by chairmen of quarter sessions, recorders, county court judges, or quarter sessions, and (ii) were, immediately before the operative date, vested in or capable of being exercised by the existing Circuit Court. (b) The jurisdiction vested in the Circuit Court by paragraph (a) of this subsection under any enactment set out in column (2) of the Fourth Schedule to this Act at a particular reference number shall be exercised by the judge of the Circuit Court mentioned in column (3) of the said Schedule at that reference number. (c) The Minister may from time to time by order make such provisions (not inconsistent with the provisions of paragraph (b) of this subsection) for the exercise by judges of the Circuit Court severally of any jurisdiction vested in the Circuit Court by paragraph (a) of this subsection as are in his opinion necessary or proper having regard to the provisions of this Act relating to the Circuit Court and the judges thereof. (d) Every order made by the Minister under paragraph (c) of this subsection shall, if the order so provides, have and be deemed always to have had effect as on and from the operative date. (4) (a) Each British statute mentioned in column (2) of the Fifth Schedule to this Act shall have effect subject to the adaptations specified in column (3) of the said Schedule opposite the mention of that statute. (b) The Minister may from time to time by order make such adaptations (not inconsistent with the adaptations effected by paragraph (a) of this subsection) in any enactment (wherein there is a reference to the former civil bill courts, county courts or courts of quarter sessions, to the former assistant barristers, recorders, county court judges or chairmen of quarter sessions or to former officers of those courts) contained in any British statute or Saorstát Éireann statute as are, in his opinion, necessary or proper having regard to the provisions of this Act relating to the Circuit Court and the judges thereof. (c) Every order made by the Minister under paragraph (b) of this subsection shall, if the order so provides, have and be deemed always to have had effect as on and from the operative date. (5) (a) There shall also be vested in the Circuit Court 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 Circuit Court. (b) A particular jurisdiction vested in the Circuit Court by paragraph (a) of this subsection shall, in case the exercise of that jurisdiction by the judges of the Circuit Court severally is not provided for in an enactment applied by section 48 of this Act, be exercised by the judges of the Circuit Court severally in the manner provided by rules of court. (6) The Circuit Court, as regards any cause of action for the time being within its jurisdiction, shall in any proceedings before it— (a) grant such relief, redress or remedy or combination of remedies, absolute or conditional, and (b) give such and the like effect to every ground of defence or counterclaim, legal or equitable, as ought to be granted or given in the like case by the High Court and in as full and ample a manner. (7) Without prejudice to any jurisdiction conferred by the previous subsections of this section, the Circuit Court shall have powers of attachment, garnishee and interpleader, and shall have all powers (including the power to appoint a receiver) ancillary to any jurisdiction exercisable by it. (8) Any party to an action commenced in the Circuit Court and pending therein may at any time apply to the judge of the Circuit Court before whom the action is pending to have the action forwarded to the High Court and thereupon, in case the action is one fit to be tried in the High Court and the High Court appears to be the more appropriate tribunal in the circumstances, the said judge may send forward the action to the High Court upon such terms and subject to such conditions as to costs or otherwise as mayappear to him to be just, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this Act, from the decision of the judge granting or refusing any such application. (9) A judge of the Circuit Court may, on the application of any party or on his own motion, if he thinks fit, by order change the venue for the trial of any action pending before him from one place of hearing to any other within his circuit, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this Act, from the decision of the judge of the Circuit Court making or refusing to make any such order. (10) A judge of the Circuit Court may, on the application of any party to an action which has been partly heard, transfer the remainder or any portion of the hearing to another venue within his circuit or within the Dublin Circuit, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this Act, from the decision of the judge granting or refusing any such application. (11) A judge of the Circuit Court may, outside his circuit, hear and determine any application which he has power to hear and determine within that circuit and which, in his opinion, should be dealt with as a matter of urgency. (12) Where— (a) an action is pending before a judge of the Circuit Court for the time being assigned to a particular circuit, and (b) an application is made by any party to such action for the transfer of such action to another circuit for hearing by the judge of the Circuit Court for the time being assigned to such other circuit, such first-mentioned judge may, with the consent of such other judge, transfer such action accordingly and thereupon such action shall be heard and determined by such other judge, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this Act, from the decision of the first-mentioned judge granting or refusing any such application. (13) A judge of the Circuit Court may adjourn the hearing of any proceedings before him to any other court within his circuit. (14) A judge of the Circuit Court may make out of court any orders which he may deem to be urgent. (15) (a) Notwithstanding anything contained in Part IV of the Act of 1936, as applied by section 48 of this Act, no appeal shall lie from any decision of the Circuit Court in any proceedings in a cause if, before the decision is given, the parties agree, in writing signed by them, that the decision shall be final. (b) An agreement under paragraph (a) of this subsection shall not require a stamp. 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. (2) (a) The Cork Circuit Court Judge shall constitute and hold a local admiralty court (in this subsection referred to as the Court) to be called the Cork Local Admiralty Court. (b) The Court shall, within the Cork Circuit with the parts of the sea adjacent to it and within the outer limit of the territorial seas, within the meaning of the Maritime Jurisdiction Act, 1959 , have the jurisdiction in admiralty causes which immediately before the commencement of Part II of the Act of 1924 was exercisable by the former Recorder of Cork. (c) The jurisdiction of the Court shall be exercised by the Cork Circuit Court Judge. (d) Section 38 of the Act of 1936, as applied by section 48 of this Act, shall apply to every judgment or order of the Court. (3) (a) The Cork Circuit Court Judge shall constitute and hold a local bankruptcy court (in this subsection referred to as the Court) to be called the Cork Local Bankruptcy Court. (b) The Court shall, as respects any person residing or having an office or place of business in the Cork Circuit who is a debtor or person sought to be adjudged a bankrupt or an arranging debtor, have the like jurisdiction, power and authority in bankruptcy and as to arrangement with creditors and composition after bankruptcy as are for the time being vested in or capable of being exercised by the High Court. (c) The jurisdiction of the Court shall be exercised by the Cork Circuit Court Judge. (d) Section 38 of the Act of 1936, as applied by section 48 of this Act, shall apply to every judgment or order of the Court. (4) Subsections (6) and (7) of section 22 of this Act shall have effect as if the references therein to the Circuit Court included references to the Cork Local Admiralty Court and the Cork Local Bankruptcy Court. (5) Subsections (8), (11), (14) and 15 of section 22 of this Act shall apply to proceedings in the Cork Local Admiralty Court and in the Cork Local Bankruptcy Court. (6) (a) In this subsection references to section 25 (which relates to the remittal or transfer of actions pending in the High Court) of the Act of 1924 are references to that section, as applied by section 48 of this Act and; as amended by section 11 of the Act of 1936, as so applied, and by section 13 of the Act of 1953, as so applied. (b) Section 25 of the Act of 1924 shall apply to admiralty actions pending in the High Court which might have been commenced in the Cork Local Admiralty Court, and for that purpose references in the said section to the Circuit Court shall be construed as references to the Cork Local Admiralty Court. (c) Section 25 of the Act of 1924 shall apply to bankruptcy proceedings pending in the High Court which might have been commenced in the Cork Local Bankruptcy Court, and for that purpose references in the said section to the Circuit Court shall be construed as references to the Cork Local Bankruptcy Court. 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. (2) The Circuit Court shall have jurisdiction in all cases of applications for new on-licences. (3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge of the circuit in which the premises in respect of which the new on-licence is sought are situate. (4) Where the Circuit Court grants under this section a new on-licence, then, notwithstanding anything contained in any enactment, the licence shall not require to be confirmed at any subsequent sitting of the Circuit Court. 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. (2) The jurisdiction conferred on the Circuit Court by subsection (1) of this section shall not extend to treason, an offence under section 2 or 3 of the Treason Act, 1939 , an offence under section 6 , 7 or 8 of the Offences Against the State Act, 1939 , murder, attempt to murder, conspiracy to murder, or piracy, including an offence by an accessory before or after the fact. (3) The jurisdiction vested in the Circuit Court by subsection (1) of this section shall be exercised by the judge of the circuit in which the offence charged has been committed or in which the accused person has been arrested or resides. (4) In section 6 of the Courts of Justice Act, 1926 , as applied by section 48 of this Act, and in subsection (1) of section 14 of the Wireless Telegraphy Act, 1926 , the references to section 53 of the Act of 1924 shall be construed as references to subsection (3) of this section. 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. (2) An order of a judge of the Circuit Court under subsection (1) of this section— (a) may be made only on the application of the Attorney General or an accused person, (b) may provide for matters ancillary or incidental to the transfer, and (c) shall be final and unappealable. 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. (2) The rule-making authority for the Circuit Court shall also be the rule-making authority for the Cork Local Admiralty Court and the Cork Local Bankruptcy Court. 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. (2) A person who is for the time being a practising barrister or solicitor of not less than ten years' standing shall be qualified for appointment as a justice of the District Court. (3) A barrister or solicitor who actually practised his profession for not less than ten years shall be qualified for appointment as a justice of the District Court if for the time being he holds an office in respect of which it was (at the time of his appointment thereto) required by statute that every person appointed thereto should be or should have been— (a) a practising solicitor, or (b) a practising barrister or solicitor. (4) Where a person (being, immediately before the operative date, a justice of the existing District Court by virtue of a warrant made under section 2 of the Act of 1949) is appointed a justice of the District Court, he shall, for the purposes of the Act of 1949, as applied by section 48 of this Act, be deemed to have been continued in office under the Act of 1949, as so applied, for a year commencing on the date on which he attained— (a) if the warrant is the first in respect of him, sixty-five years or (b) if the warrant is the second in respect of him, sixty-six years, or (c) if the warrant is the third in respect of him, sixty-seven years, or (d) if the warrant is the fourth in respect of him, sixty-eight years, or (e) if the warrant is the fifth in respect of him, sixty-nine years. 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. (2) Notwithstanding subsection (1) of this section, the age of retirement of a justice of the District Court who, immediately before the 29th day of July, 1946, was a justice of the existing District Court and as such justice was permanently assigned to the Dublin Metropolitan District shall be seventy years. (3) The references in section 2 of the Act of 1949, as applied by section 48 of this Act, to section 15 (repealed by this Act) of the Act of 1946 shall be construed as references to subsection (1) of this section. 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. (2) Where a justice of the District Court is removed from office on account of incapacity, he shall be deemed for the purpose of pension to have vacated his office owing to permanent infirmity. 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. (2) The districts created under section 22 (repealed by this Act) of the Act of 1953 and the Dublin Metropolitan District shall be the district court districts for the purposes of the District Court. (3) The provisions (which relate to the assignment of justices of the District Court to districts) set out in the Sixth Schedule to this Act shall have effect. 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. (2) (a) In this subsection— “the Act of 1890” means the Public Health Acts Amendment Act, 1890 , as applied to Ireland by subsection (9) of section 12 of that Act and as amended by section 14 of the Act of 1935; “the Act of 1935” means the Public Dance Halls Act, 1935 . (b) Section 51 (which relates to music and dancing licences) of the Act of 1890 shall have effect as if for the references therein to licensing justices there were substituted references to the District Court. (c) The jurisdiction vested in the District Court by this subsection shall be exercised by the justice of the District Court for the time being assigned to the district where there is situate the house, room, garden or other place in respect of which the licence under section 51 of the Act of 1890 is sought. (d) Subsections (2) and (3) of section 2 and section 9 of the Act of 1935 shall have effect as if the references therein to a public dancing licence included references to a licence under paragraph 2 of section 51 of the Act of 1890. (3) The District Court shall have jurisdiction to hear and determine an action for wrongful detention (including jurisdiction to make an order for the return of the goods claimed) where the value of the goods claimed does not exceed £50. (4) (a) The District Court shall have jurisdiction to hear and determine any action commenced after the commencement of this Act which is founded on a credit-sale agreement (within the meaning of the Hire-Purchase Acts, 1946 and 1960) where the amount of the claim does not exceed one hundred pounds. (b) Paragraph (a) of section 53 of the Act of 1936 shall not apply to an action— (i) in which the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation in the State, and (ii) to which paragraph (a) of this subsection relates. 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. (2) The President of the District Court shall be permanently assigned by the Government to the Dublin Metropolitan District. (3) If the President of the District Court is unable to act during any period, then, during that period, the senior of the justices permanently assigned to the Dublin Metropolitan District shall have and exercise the powers of the President under this Act. 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. (2) (a) Where it appears to the President of the District Court that the conduct of a justice of the District Court is prejudicial to the prompt and efficient discharge of the business of that Court, he shall investigate the matter and may report the result of the investigation to the Minister. (b) In the course of an investigation under this subsection, the President shall consult the justice concerned. (3) (a) The President of the District Court may convene meetings of the justices of the District Court for the purpose of discussing matters relating to the discharge of the business of that Court, including, in particular, such matters as the avoidance of undue divergences in the exercise by the justices of the jurisdiction of that Court and the general level of fines and other penalties. (b) Such meetings shall not be convened more frequently than twice in one year. (c) Every justice shall attend at every such meeting unless unable to do so owing to illness or any other unavoidable cause and, where a justice is unable to attend such a meeting, he shall as soon as may be inform the President of the reason therefor. (4) The President of the District Court may, whenever he thinks fit, make recommendations to the Minister in relation to the following matters: (a) the number of justices of the District Court to be assigned to the Dublin Metropolitan District; (b) the places for holding the District Court in or for any distr …