District Court (Areas) Order, 1961

• Jurisdiction: Ireland

S.I. No. 5 of 1961.

DISTRICT COURT (AREAS) ORDER, 1961.

I, OSCAR TRAYNOR, Minister for Justice, in exercise of the powers conferred on me by section 21 of the Courts of Justice Act, 1953 (No. 32 of 1953), hereby order as follows : 1.—(1) This Order may be cited as the District Court (Areas) Order 1961.

(2) This Order shall come into operation on the 1st day of April, 1961. 2.—(1) In this Order—

"civil jurisdiction" means the jurisdiction of the District Court—

(a) in relation to civil proceedings within the meaning of the District Court Rules, 1948 ( S. R. & O. No. 431 of 1947 ), and

(b) under the Enforcement of Court Orders Acts, 1926 and 1940 ;

"summary jurisdiction" means the jurisdiction of the District Court other than civil jurisdiction;

"the operative date" means the 1st day of April, 1961.

(2) Any reference in the First or Second Schedule hereto to a road shall be construed as a reference to any bridge, pipe, arch, gully, footway, pavement, grass margin, fence, railing or wall forming part thereof.

(3) A name appearing in brackets in column (5) of the First or Second Schedule hereto after the name of a District Electoral Division is the name of the rural district (as constituted immediately before the 1st day of October, 1925) or urban district in which the District Electoral Division is situate. 3. For the purposes of the transaction of the business of the District Court, the State (other than the Dublin Metropolitan District) shall be divided into areas, to be called district court areas, in accordance with Articles 4 and 5 of this Order. 4.—(1) For the purposes of the transaction of the business of the District Court exercising its summary jurisdiction—

(a) each area mentioned in column (5) of the First Schedule hereto at a particular reference number shall be a district court area and shall be known by the name mentioned in column (3) of the said Schedule at that reference number,

(b) sittings of the District Court for the district court area, the name whereof is mentioned in column (3) of the said Schedule at a particular reference number, shall be held—

(i) in case one place only is mentioned in column (4) of the said Schedule at that reference number—at the place so mentioned on the days and at the hours mentioned in the said column (4) at that reference number after the mention of that place.

(ii) in case two places are mentioned in column (4) of the said Schedule at that reference number—at each place so mentioned on the days and at the hours mentioned in the said column (4) at that reference number immediately after the mention of that place.

(2) Business transacted in the District Court exercising its summary jurisdiction which is initiated before the operative date and is not completed before the operative date shall be continued and completed as if paragraph (1) of this Article had been in force at the time at which such business had been initiated. 5.—(1) For the purposes of the transaction of the business of the District Court exercising its civil jurisdiction—

(a) each area mentioned in column (5) of the Second Schedule hereto at a particular reference number shall be a district court area and shall be known by the name mentioned in column (3) of the said Schedule at that reference number,

(b) sittings of the District Court for the district court area, the name whereof is mentioned in column (3) of the said Schedule at a particular reference number, shall be held—

(i) in case one place only is mentioned in column (4) of the said Schedule at that reference number—at the place so mentioned on the days and at the hours mentioned in the said column (4) at that reference number after the mention of that place, or

(ii) in case two places are mentioned in column (4) of the said Schedule at that reference number—at each place so mentioned on the days and at the hours mentioned in the said column (4) at that reference number immediately after the mention of that place.

(2) Business transacted in the District Court exercising its civil jurisdiction which is initiated before the operative date shall be continued and completed as if paragraph (1) of this Article had been in force at the time at which such business had been initiated. 6. Nothing in this Order shall limit—

(a) the power of a justice of the District Court to hold a sitting of the District Court within his District, at any place or time not appointed under Article 4 or 5 of this Order, for the preliminary investigation of indictable offences, or

(b) the powers conferred on a justice of the District Court by section 27 of the Courts of Justice Act, 1953 (No. 32 of 1953), or by rules of court.

Article 4 (1).

FIRST SCHEDULE.

DISTRICT COURT AREAS FOR THE PURPOSES OF THE TRANSACTION OF THE BUSINESS OF THE DISTRICT COURT EXERCISING ITS SUMMARY JURISDICTION, AND PLACES IN WHICH AND DAYS ON WHICH AND HOURS AT WHICH SITTINGS ARE TO BE HELD IN THOSE AREAS.

A name appearing in brackets in column (5) of this Schedule after the name of a District Electoral Division is the name of the rural district (as constituted immediately before the 1st day of October, 1925) or urban district in which the District Electoral Division is situate.

Ref. No. County, counties or county borough in which district court area is situate Name of district court area Places in district court area in which sittings are to be held and days and hours of sittings Areas comprising district court areas (1) (2) (3) (4) (5) 1 Counties of Carlow, Kildare and Laoighis District Court Area of Carlow Carlow— The areas comprising— First and Third Wednesday in each month at 11 a.m. (a) the District Electoral Divisions of Ballinacarrig, Burtonhall, CarlowRural, Carlow Urban, Clogrenan, Graigue Urban, Johnstown, Kellistown, Killerig and Templepeter in the county of Carlow, (b) the District Electoral Divisions of Ballaghmoon, Castledermot, Dunmanogue and Johnstown in the county of Kildare, and (c) the District Electoral Divisions of Ardough, Ballickmoyler, Doonane, Graigue Rural, Newtown, Rossmore, Shrule and Turra in the county of Laoighis. 2 Counties of Carlow and Wicklow District Court Area of Hacketstown Hacketstown— The area comprising— Third Tuesday in each month at 12 noon. (a) the District Electoral Divisions of Clonmore, Hacketstown, Haroldstown and Ticknock in the county of Carlow, and (b) the District Electoral Divisions of Ballinguile, Coolballintaggart and Rathdangan in the county of Wicklow.

FIRST SCHEDULE

Ref. No. County, counties or county borough in which district court area is situate Name of district court area Places in district court area in which sittings are to be held and days and hours of sittings Areas comprising district court areas (1) (2) (3) (4) (5) 3 County of Carlow District Court Area of Muine Bheag Muine Bheag— The area comprising the District Electoral Divisions of Agha, Ballymoon, Corries, Fennagh, Garryhill, Killedmond, Leighlinbridge, Muine Bheag Rural, Muine Bheag Urban, Myshall, Nurney, Old Leighlin, Rathornan, Ridge, Shangarry and Sliguff in the county of Carlow. Third Friday in each month at 11.30 a.m. 4 Counties of Carlow and Wicklow District Court Area of Tullow Tullow— The area comprising— Fourth Thursday in each month at 12 noon. (a) the District Electoral Divisions of Ballintemple, Ballon, Grangeford, Kilbride, Kineagh, Rahill, Rathrush, Rathvilly, Tankardstown, Tullowbeg, Tullow Rural, Tullow Urban and Williamstown in the county of Carlow, and (b) the District Electoral Division of Rath in the county of Wicklow. 5 Counties of Cavan, Leitrim and Longford District Court Area of Arva Arva— The area comprising— Fourth Wednesday in each month at 12 noon. (a) the District Electoral Divisions of Arvagh, Bruce Hall, Corr, Drumcarhan, Drumlumman, Killeshandra, Loughdawan, Scrabby and Springfield in the county of Cavan. (b) the District Electoral Divisions of Carrigallen East, Carrigallen West, Corriga, Gortermone and Killygar in the county of Leitrim, and (c) the District Electoral Division of Moyne in the county of Longford.

FIRST SCHEDULE

Ref. No. County, counties or county borough in which district court area is situate Name of district court area Places in district court area in which sittings are to be held and days and hours of sittings Areas comprising district court areas (1) (2) (3) (4) (5) 6 Counties of Cavan and Meath District Court Area of Bailieborough Bailieborough— The area comprising— First Monday in each month at 12 noon. (a) the District Electoral Divisions of Bailieborough, Canningstown, Carnagarve, Drumanespick, Shercock, Skeagh and Taghart in the county of Cavan, and (b) the District Electoral Divisions of Moybolgue, Newcastle and Trohanny in the county of Meath. 7 County of Cavan District Court Area of Ballyconnell and Swanlibar Ballyconnell— The area comprising the District Electoral Divisions of Ballyconnell, Ballymagauran, Bawnboy, Benbrack, Carn, Kinawley, Lissanover, Pedara Vohers, Swanlibar, Templeport and Tircahan in the county of Cavan. First Tuesday in February, March, May, June, August, September, November and December at 11.30 a.m. Swanlinbar— First Tuesday in January, April, July and October at 11.30 a.m. 8 County of Cavan District Court Area of Ballyjamesduff Ballyjamesduff— The area comprising the District Electoral Divisions of Ballyjamesduff, Ballymachugh, Castlerahan, Crosskeys, Graddum, Kilbride, Kilnaleck, Larah South, Lurgan, Termon, and Waterloo in the county of Cavan. ...