Courts of Justice Act, 1953

• Jurisdiction: Ireland
• Citation: IR No. 32/1953

Number 32 of 1953.
COURTS OF JUSTICE ACT, 1953.
ARRANGEMENT OF SECTIONS
PART I.
PRELIMINARY AND GENERAL.
Section 1. Short title and collective citation. 2. Interpretation. 3. Repeals.
PART II.
REMUNERATION, EXPENSES AND PENSIONS.
4. Increase of remuneration of judges and of justices. 5. Expenses of judges, etc. 6. Pensions of judges of Supreme Court and High Court. 7. Pensions of judges of Circuit Court. 8. Pensions of justices. 9. Charge of remuneration and pensions on Central Fund. 10. Restriction of existing pension provisions.
PART III.
THE SUPREME COURT AND HIGH COURT.
11. Provision for additional judge of the High Court. 12. Modification of section 34 of the Act of 1936. 13. Remittal and transfer of actions by Master of High Court. 14. Limitation on amount of plaintiff's costs in certain High Court actions. 15. Reconstitution of Superior Courts Rules Committee.
PART IV.
THE CIRCUIT COURT.
16. Division of the State into circuits. 17. Assignment of a judge of the Circuit Court not assigned under section 16. 18. Number of judges of the Circuit Court. 19. Extension of jurisdiction in civil cases. 20. Transfer of part-heard action from one venue to another.
PART V.
THE DISTRICT COURT.
21. District court areas. 22. District court districts. 23. Assignment of justices not assigned under section 22. 24. Qualification for appointment as justice. 25. Number of justices. 26. Power to create, vary, abolish districts and areas. 27. Times and places at which business may be transacted. 28. Extension of jurisdiction in civil cases. 29. Jurisdiction under Rent Restrictions Acts in ejectment cases. 30. Extension of jurisdiction in interpleader cases. 31. Exercise of jurisdiction in desertion cases. 32. Amendment of section 68 of Dublin Police Act, 1842. 33. Appeal from order under Probation of Offenders Act, 1907.
SCHEDULE.
Acts Referred to Courts of Justice Act, 1924 No. 10 of 1924 Court Officers Act, 1926 No. 27 of 1926 Courts of Justice Act, 1936 No. 48 of 1936 Courts of Justice (District Court) Act, 1946 No. 21 of 1946 Courts of Justice Act, 1947 No. 20 of 1947 Courts of Justice Act, 1928 No. 15 of 1928 Courts of Justice (District Court) Act, 1949 No. 8 of 1949 Hire-Purchase Act, 1946 No. 16 of 1946 Enforcement of Court Orders Act, 1926 No. 18 of 1926 District Court Districts (Dublin) Order, 1945 (S.R. & O., No. 279 of 1945)
Number 32 of 1953.
COURTS OF JUSTICE ACT, 1953.
AN ACT TO AMEND THE COURTS OF JUSTICE ACTS, 1924 TO 1949, AND OTHER ENACTMENTS. [8th December, 1953.]
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, 1953.
	(2) The Acts and this Act may be cited together as the Courts of Justice Acts, 1924 to 1953.
	Interpretation.	2.—(1) In this Act—
	“the Act of 1924” means the Courts of Justice Act, 1924 (No. 10 of 1924);
	“the Act of 1926” means the Court Officers Act, 1926 (No. 27 of 1926);
	“the Act of 1936” means the Courts of Justice Act, 1936 (No. 48 of 1936);
	“the Act of 1946” means the Courts of Justice (District Court) Act, 1946 (No. 21 of 1946);
	“the Acts” means the Courts of Justice Acts, 1924 to 1949;
	“justice” means a justice of the District Court;
	“the Minister” means the Minister for Justice.
	(2) This Act shall be construed as one with the Acts.
	Repeals.	3.—(1) The enactments specified in Part I of the Schedule are, to the extent specified in column (3), hereby repealed.
	(2) The enactment specified in Part II of the Schedule is, to the extent specified in column (3), hereby repealed with effect from the commencement of the order made under section 16 of this Act.
	(3) The enactments specified in Part III of the Schedule are, to the extent specified in column (3), hereby repealed with effect from the commencement of the orders made under section 21 and section 22 of this Act.
PART II. Remuneration, Expenses and Pensions.
	Increase of remuneration of judges and of justices.	4.—The remuneration of judges and of justices shall, with effect from the 1st day of April, 1953, be increased—
	(a) in the case of judges of the Supreme Court and the High Court and the President of the Circuit Court, by two hundred and fifty pounds per annum, and
	(b) in the case of judges of the Circuit Court (other than the President) and of justices, by four hundred and fifty pounds per annum.
	Expenses of judges, etc.	5.—(1) In addition to remuneration, a judge of the Supreme Court, the High Court or the Circuit Court or a justice or a Commissioner of the High Court on Circuit may be allowed, out of moneys provided by the Oireachtas, such sums as the Minister, with the sanction of the Minister for Finance, thinks reasonable for the purpose of defraying travelling and other expenses of such judge, justice or Commissioner.
	(2) Provision for expenses under this section may be made—
	(a) by means of allowances in respect of particular expenses, calculated in accordance with such scales and subject to such conditions as the Minister, with the sanction of the Minister for Finance, may from time to time determine; or
	(b) by means of periodical allowances of such amounts and payable at such times and in such manner as the Minister, with the sanction of the Minister for Finance, may from time to time determine; or
	(c) where, in the opinion of the Minister and of the Minister for Finance, provision under subparagraph (a) or subparagraph (b) of this subsection is not appropriate, by such other method as the Minister, with the sanction of the Minister for Finance, may from time to time determine.
	Pensions of judges of Supreme Court and High Court.	6.—(1) In this section “service” means service as a judge of the Supreme Court, the High Court or the Circuit Court.
	(2) There shall be granted to a judge of the Supreme Court or the High Court who, having reached the age of sixty-five years, retires after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of his retirement.
	(3) There shall be granted to each judge of the Supreme Court or the High Court who, owing to age or permanent infirmity, ceases to hold office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.
	(4) This section does not apply to a person holding office as a judge of the Supreme Court or the High Court on the passing of this Act.
	(5) Section 8 of the Act of 1936 applies to a pension granted under this section.
	Pensions of judges of Circuit Court.	7.—(1) In this section “service” means service as a judge of the Circuit Court or as a justice.
	(2) There shall be granted to each judge of the Circuit Court who, having reached the age of sixty-five years, retires after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of his retirement.
	(3) There shall be granted to each judge of the Circuit Court who, owing to age or permanent infirmity, ceases to hold office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.
	(4) This section does not apply to a person holding office as a judge of the Circuit Court on the passing of this Act.
	(5) Section 17 of the Act of 1936 applies to a pension granted under this section.
	Pensions of justices.	8.—(1) There shall be granted to a justice who, having reached the age of sixty-five years, retires after twenty years' service or upwards a pension for life of two-thirds of his remuneration at the time of his retirement.
	(2) There shall be granted to each justice who, owing to age or permanent infirmity, ceases to hold office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of vacation of office with the addition of one-thirtieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.
	(3) This section shall not apply to a person holding office as a justice on the passing of this Act unless he so elects by notice in writing given to the Minister for Finance within three months after such passing. In that event, the provisions of the Acts in relation to pensions of justices shall no longer apply to him.
	(4) Subsection (5) of section 48 of the Act of 1936 shall apply to a pension granted under this section or under section 19 of the Act of 1946.
	Charge of remuneration and pensions on Central Fund.	9.—The remuneration and pension payable to every judge and justice under or by virtue of the Acts or this Act shall be charged on and be payable out of the Central Fund or the growing produce thereof.
	Restriction of existing pension provisions.	10.—The provisions of the Acts in relation to pensions of judges and justices shall not apply to any judge or justice appointed after the passing of this Act.
PART III. The Supreme Court and High...