Courts of justice act, 1947

Enactment Date19 July 1947
Act Number20


Number 20 of 1947.


COURTS OF JUSTICE ACT, 1947.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title and collective citation.

2.

Commencement.

3.

Interpretation.

4.

Repeals.

PART II.

Salaries of Judges and Justices of the District Court.

5.

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

6.

Salary of President of the Circuit Court.

7.

Increase of salaries of Circuit Judges.

8.

Increase of salaries of Justices of the District Court.

PART III.

President of the Circuit Court and his Powers and Duties.

9.

President of the Circuit Court.

10.

Powers of the President of the Circuit Court.

11.

Duties and powers of Circuit Judges temporarily assigned to circuits.

12.

Ex-officio members of the Circuit Court Rules Committee.

PART IV.

Miscellaneous Provisions in relation to the Circuit Court.

13.

Alteration of composition of circuits.

14.

Appointment of additional Circuit Judge.

15.

Age of retirement of Circuit Judges.

16.

Case stated by Circuit Judge.

17.

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

PART V.

Pensions of Justices of the District Court.

18.

Pensions of certain Justices of the District Court.

19.

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

20.

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

SCHEDULE.


Acts Referred to

Courts of Justice Act, 1928

No. 15 of 1928

Courts of Justice Act, 1931

No. 1 of 1931

Courts of Justice Act, 1936

No. 48 of 1936

Courts of Justice (District Court) Act, 1946

No. 21 of 1946

Courts of Justice Act, 1924

No. 10 of 1924


Number 20 of 1947.


COURTS OF JUSTICE ACT, 1947.


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

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1.—(1) This Act may be cited as the Courts of Justice Act, 1947.

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

Commencement.

2.—(1) This Part and Part II of this Act shall be deemed to have come into operation on, and shall have effect as on and from, the 1st day of April, 1947.

(2) Part III of this Act shall come into operation on such day as shall be fixed therefor by order of the Minister.

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

Interpretation.

3.—(1) In this Act—

the expression “the Act of 1928” means the Courts of Justice Act, 1928 (No. 15 of 1928);

the expression “the Act of 1936” means the Courts of Justice Act, 1936 (No. 48 of 1936);

the expression “the Act of 1946” means the Courts of Justice (District Court) Act, 1946 (No. 21 of 1946);

the word “circuit” means a circuit of the Circuit Court;

the expression “Circuit Judge” means a Judge of the Circuit Court;

the expression “Dublin Circuit Judge” means a Circuit Judge permanently assigned to the Dublin Circuit, but does not include any such Judge who is President of the Circuit Court;

the expression “the Minister” means the Minister for Justice;

the expression “the Principal Act” means the Courts of Justice Act, 1924 (No. 10 of 1924).

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

Repeals.

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

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

PART II.

Salaries of Judges and Justices of the District Court.

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

5.—The respective annual salaries payable under section 13 (which relates to salaries of Judges of the Supreme Court and the High Court) of the Principal Act shall be increased,—

(a) in the case of each ordinary Judge of the High Court, by twenty per cent., and

(b) in every other case, by fifteen per cent.

Salary of President of the Circuit Court.

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

(2) The salary payable to the President of the Circuit Court shall be charged on and payable out of the Central Fund or the growing produce thereof.

(3) So much of section 41 of the Principal Act as fixes the salary of a Circuit Judge shall not apply in respect of the President of the Circuit Court.

Increase of salaries of Circuit Judges.

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

Increase of salaries of Justices of the District Court.

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

PART III.

President of the Circuit Court and his Powers and Duties.

President of the Circuit Court.

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

(2) The President of the Circuit Court shall notwithstanding anything contained in the Courts of Justice Acts, 1924 to 1946, be ex-officio an additional Judge of the High Court.

(3) The President of the Circuit Court shall be appointed from amongst the Circuit Judges by the President acting on the advice of the Government and shall take precedence over all other Circuit Judges.

(4) The person appointed to be President of the Circuit Court shall hold that office so long as he holds the office of Circuit Judge.

Powers of the President of the Circuit Court.

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

(2) (a) The President of the Circuit Court may, from time to time, by order fix, in respect of any circuit, the places therein at which sittings are to be held, and whenever an order, made under this paragraph in relation to a circuit, is in force, sittings within that circuit shall be held at the places fixed by the order and not elsewhere.

(b) The President of the Circuit Court may, from time to time, by order fix, in respect of any circuit, the dates on which sittings shall commence at each place therein at which sittings are to be held, and, whenever an order under this paragraph is in force, sittings shall commence at each such place in accordance with the order.

(c) The President of the Circuit Court may at any time by order revoke or amend an order made under this subsection (including this paragraph).

(d) The President of the Circuit Court shall, before exercising his powers under this subsection in respect of a circuit, first consult the Circuit Judge permanently assigned to that circuit.

(e) Every order made under this subsection shall, as soon as may be after it is made, be published in such manner as the President of the Circuit Court may direct.

(f) In this subsection the word “sittings” means sittings of the Circuit Court.

(3) (a) The President of the Circuit Court may at any time temporarily assign to any circuit (whether there is or is not a Circuit Judge permanently assigned thereto) any Circuit Judge, whether he is or is not permanently assigned to another circuit.

(b) Where a Circuit Judge who is permanently assigned to a particular circuit is temporarily assigned under this subsection to another circuit, such temporary assignment shall not terminate or affect such permanent assignment or deprive or relieve him of any of the privileges, powers and duties vested in or imposed on him by virtue of such permanent assignment.

(4) Where a person is appointed under section 14 of the Act of 1936 to act as a Circuit Judge, the President of the Circuit Court may, during the period for which that person is so appointed, from time to time assign him to any circuit, whether there is or is not a Circuit Judge permanently assigned thereto.

(5) (a) Where two or more Circuit Judges are for the time being assigned (whether permanently or temporarily) to a particular circuit, the President of the Circuit Court, after consultation with the said Circuit Judges, may, from time to time, allocate the business of the Circuit Court in that circuit amongst the said Circuit Judges.

(b) References in this subsection to Circuit Judges shall be construed as including references to persons appointed under section 14 of the Act of 1936 to act as Circuit Judges.

(6) For the purposes of enabling the President of the Circuit Court to perform his functions under this section, the county registrar for a county or a county borough shall, when so requested by the President of the Circuit Court, furnish to him such particulars, in relation to the business of the Circuit Court in such county or county borough, as may be specified in the request.

(7) If the President of the Circuit Court is unable to act during any period...

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