Courts of justice act, 1936

Enactment Date28 November 1936
Act Number48


Number 48 of 1936.


COURTS OF JUSTICE ACT, 1936.


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and citation.

2.

The Principal Act.

3.

Repeals.

PART II

The Supreme Court and The High Court

4.

Increase in number of judges of the Supreme Court.

5.

Sitting of Supreme Court judges in the High Court.

6.

Qualification of judge of the High Court for appointment as judge of the Supreme Court.

7.

The Judicial Commissioner of the Irish Land Commission.

8.

Pensions of judges of the High Court and the Supreme Court.

9.

Transfer of certain jurisdictions from Chief Justice to High Court.

10.

Appeals against fishery bye-laws.

11.

Remittal and transfer of actions by the High Court.

12.

Limitation on amount of plaintiff's costs in certain High Court actions.

PART III

The Circuit Court

13.

Increase of number of circuits.

14.

Appointment of persons to act temporarily as additional judges of the Circuit Court.

15.

Assignment of Circuit Judges to circuits.

16.

Temporary assignment of a judge outside his own circuit.

17.

Pensions of judges of the Circuit Court.

18.

Cesser of jurisdiction of the Circuit Court in winding-up of companies.

19.

Transfer of action from one circuit to the another circuit.

20.

Jurisdiction of Circuit Court in certain remitted actions.

21.

Power to strike out with costs actions in excess of jurisdiction.

22.

Case stated by judge of the Circuit Court.

23.

Right to abandon excess in Circuit Court.

24.

Duration of judgements of the Circuit Court.

25.

Confirmation of grant of new licences.

26.

Amendment of section 48 of the Principal Act.

27.

Amendment of section 52 of the Principal Act.

PART IV

Appeals from the Circuit Court

28.

Commencement of this Part of this Act.

29.

“The Dublin Circuit.”

30.

Appeals from the Circuit Court in workmen's compensation cases.

31.

Finality of decision of Circuit Court in certain cases.

32.

Appeal towns.

33.

High Court Circuits.

34.

The High Court on Circuit.

35.

The judges of the High Court on Circuit.

36.

Commissioners of the High Court on Circuit.

37.

Appeals from the Circuit Court in civil cases heard without oral evidence.

38.

Appeals from the Circuit Court in cases not otherwise provided for.

39.

Finality of decisions on appeals under this Part of this Act.

40.

Miscellaneous provisions in relation to appeals.

41.

Non-availability of suitable courthouse accommodation.

42.

Registrars to the High Court on Circuit.

43.

Servants of judges of the High Court on Circuit.

44.

Provision of accommodation for judges of the High Court on circuit.

45.

Pending appeals.

PART V

The District Court

46.

Assignment of justices to districts.

47.

Power to extend retiring age of justices in Irish-speaking districts.

48.

Pension rights of justices of the District Court.

49.

Removal, etc., of justices of the District Court.

50.

Salary of assistant justice of the District Court.

51.

Appointment of persons to act temporarily as additional justices of the District Court.

52.

Amendment of section 77 of the Principal Act.

53.

Amendment of section 79 of the Principal Act.

54.

Justice of District Court acting for another justice at request of latter.

55.

Power of Circuit Court to release from recognisance.

56.

Amendment of section 83 of the Principal Act.

57.

Amendment of section 84 of the Principal Act.

58.

Amendment of section 18 of Courts of Justice Act, 1928.

59.

Appeals in licensing and club cases.

60.

Power to strike out with costs in cases of excess of jurisdiction.

61.

Duration of decree or dismiss of District Court.

62.

Power to Attorney-General to send forward for trial.

63.

Attendance of witnesses in civil cases.

64.

The Dublin Metropolitan Area and the Dublin district.

PART VI

Rules of Court

65.

Power of Minister for Justice to prescribe court fees.

66.

Fees under the Local Registration of Title (Ireland) Act, 1891.

67.

Superior Court Rules Committee.

68.

Rule making authorities under section 36 of the Principal Act.

69.

Circuit Court Rules Committee.

70.

Rule-making authority for the Circuit Court.

71.

District Court Rules Committee.

72.

Rule-making authority for the District Court.

73.

Local Registration of Title Rules Committee.

74.

Rules under the Local Registration of Title (Ireland) Act, 1891.

75.

Report by rule making committees.

PART VII

Miscellaneous Provisions

76.

Duration of imprisonment for non-payment of revenue penalty.

77.

Payments to judges, etc., for recoupment of expenses.

78.

Liability of unsuccessful defendant for costs of successful defendant.

79.

Clearing of Court at certain trials.

80.

Person standing mute.

81.

Prohibition of imitation of court documents.

PART VIII

Amendment of Certain Enactments

82.

Amendment of section 53 of the Dublin Police Act, 1842.

83.

Amendment of the Fatal Accidents Act, 1846.

84.

Amendment of section 86 of the Probates and Letters of Administration Act (Ireland), 1857.

85.

Amendment of section 9 of the summary jurisdiction (Ireland) Amendment Act, 1871.

86.

Amendment of section 14 of the Agricultural Credit Act, 1929.

FIRST SCHEDULE

SECOND SCHEDULE


Acts Referred to

Courts of Justice Act, 1924

No. 10 of 1924

Courts of Justice Act, 1928

No. 15 of 1928

Land Law (Commission) Act, 1923

No. 27 of 1923

Court Officers Act, 1926

No. 27 of 1926

Fisheries Act, 1925

No. 32 of 1925

Workmen's Compensation Act, 1934

No. 9 of 1934

Local Government Act, 1925

No. 5 of 1925

District Justices (Temporary Provisions) Act, 1923

No. 6 of 1923

Approved Investments Act, 1933

No. 34 of 1933

Agricultural Credit Act, 1929

No. 30 of 1929


Number 48 of 1936.


COURTS OF JUSTICE ACT, 1936.


AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE ADMINISTRATION OF JUSTICE AND FOR THAT PURPOSE TO AMEND THE COURTS OF JUSTICE ACTS, 1924 TO 1931, AND OTHER ENACTMENTS. [28th November, 1936.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and citation.

1.—(1) This Act may be cited as the Courts of Justice Act, 1936.

(2) The Courts of Justice Acts, 1924 to 1931, and this Act may be cited together as the Courts of Justice Acts, 1924 to 1936.

The Principal Act.

2.—In this Act the expression “the Principal Act” means the Courts of Justice Act, 1924 (No. 10 of 1924). and, save where the context otherwise requires, shall be construed as referring to that Act as amended or extended by subsequent Acts.

Repeals.

3.—The enactments specified in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule and, in regard to the enactments specified in Part I of the said Schedule, as from the passing of this Act and, in regard to the enactments specified in Part II of the said Schedule, as from the commencement of Part IV of this Act.

PART II.

The Supreme Court and the High Court.

Increase in number of judges of the Supreme Court.

4.—(1) So much of section 5 of the Principal Act as enacts that the Supreme Court shall consist of three judges is hereby repealed, and in lieu thereof it is hereby enacted that the Supreme Court shall consist of five judges, of whom the president shall be the Chief Justice.

(2) The provisions of Part I of the Principal Act in relation to the Supreme Court and the judges thereof (including the provisions of section 5 thereof in relation to the respective titles of the Chief Justice and of each of the other judges) shall, save as expressly repealed by this section, continue to apply and have effect notwithstanding the increase made by this section in the number of the said judges.

(3) Notwithstanding the increase made by this section in the number of the judges of the Supreme Court, any appeal to or other matter cognisable by the Supreme Court may be heard and determined by such number, not less than three nor more than five, of the judges of the Supreme Court (including judges who are, by virtue of section 6 or section 7 of the Principal Act, additional judges of the Supreme Court) as the Chief Justice or in his absence, the senior ordinary judge of the Supreme Court for the time being available shall determine in respect of each such appeal or other matter.

(4) Section 2 of the Courts of Justice Act, 1928 (No. 15 of 1928), is hereby amended by the deletion of all words from the words “or in the event” where they secondly occur to the end of the section and the substitution therefor of the words “who is for the time being available”, and the said section shall be construed and have effect accordingly.

(5) This section shall come into operation on such day as the Executive Council shall by order fix for that purpose.

Sitting of Supreme Court judges in the High Court.

5.—(1) Whenever, owing to the illness of a judge of the High Court or for any other reason, the full number of the judges of that Court is not available for the transaction of the business thereof or, on account of the volume of business to be transacted...

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