No. 20/1947:

COURTS OF JUSTICE ACT, 1947

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

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

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

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.

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.

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.

4.—(1) The enactments specified in column (2) of Part 1 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

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.

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.

8.—The respective annual salaries payable under Section 7 (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

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.

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 place 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

( b ) References in this subsection to Circuit Judges shall be construed as including references to persons appointed under section 14 of the Act of 19,36 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, then, during that period, the Dublin Circuit Judge or (if more than one) the senior of the Dublin Circuit Judges shall have and exercise the powers conferred on the President of the Circuit Court by subsections (2), (3), (4), (5) and (6) of this section.

11.—(1) Where a Circuit Judge is temporarily assigned, under section 10 of this Act, to a circuit, then, such Circuit Judge shall, while so temporarily assigned, have, in relation to such circuit and concurrently with the Circuit Judge permanently assigned thereto and any other Circuit Judge who is so temporarily assigned to such circuit, all the privileges, powers and duties for the time being conferred or imposed by law on a Circuit Judge permanently assigned to such circuit.

(2) In this section the expression "Circuit Judge" includes a person appointed under section 14 of the Act of 1936 to act as a Judge of the Circuit Court.

12.—The ex-officio members of the Circuit Court Rules Committee established by section 69 of the Act of 1936 shall be—

( a ) the President of the Circuit Court, who shall be chairman of the said Committee, and

( b ) the county registrar for the county and city of Dublin, who shall be secretary of the said committee.

PART IV MISCELLANEOUS PROVISIONS IN RELATION TO THE CIRCUIT COURT

13.—(1) The Government may make an order altering, but not so as to increase the total number of circuits, the composition of any two or more of the circuits.

(2) If an order is made under subsection (1) of this section, then as on and from the commencement of the order, all references, in the Courts of Justice Acts, 1924 to 1946, and this Act, to circuits shall be construed as references to circuit's as existing immediately after the commencement of the order.

14.—(1) Notwithstanding anything contained in the Courts of Justice Acts, 1924 to 1946, one person (being a person who is appointed, under section 14 of the Act of 1936, to act as a Circuit Judge for a period within which the date of the passing of this Act falls) may, not later than one month after the date of the passing of this Act, be appointed a Circuit Judge.

(2) The following provisions shall apply in respect of a person appointed by virtue of subsection (1) of this section to be a Circuit Judge—

( a ) for the purposes of so much of section 41 of the Principal Act as relates to pensions, he shall be deemed to have served as a Circuit Judge during the period of four years ending on the day immediately preceding the date of his appointment as a Circuit Judge,

( b ) his appointment under section 14 of the Act of 1936 shall terminate on his appointment as a Circuit Judge,

( c ) subsection (1) of section 15 of the Act of 1936 shall not apply in respect of him, but the Government may at any time permanently assign him to a particular circuit,

( d ) until the commencement of Part III of this Act or the date of his permanent assignment to a circuit, whichever is the earlier, subsection (2) of section 14 of the Act of 1936 shall apply in respect of him as it applies to a person referred to in the said subsection (2).

(3) So long as a person appointed by virtue of subsection (1) of this section to be a Circuit Judge holds office and is not permanently assigned to a circuit, subsection (1) of section 9 of the Act of 1928 shall have effect as if the word "eleven" were substituted for the word "ten".

15.—(1) Subject to subsection (2) of this section, the age of retirement of a Circuit Judge shall be seventy years.

(2) The age of retirement of a person who is a Circuit Judge at the passing of this Act or of the person appointed, by virtue of section 14 of this Act, to be a Circuit Judge shall be seventy-two years.

16.—A Circuit Judge may, if an application in that behalf is made by any party to any matter (other than a re-hearing, under section 196 of the Income Tax Act, 1918, of any such appeal as is referred to in the said section) pending before him; refer, on such terms as to costs or otherwise as he thinks fit, any question of law arising in such matter to the Supreme Court by way of case stated for the determination of the Supreme Court and may adjourn the pronouncement of his judgement or order in the matter pending the determination of such case stated.

17.—Notwithstanding anything contained in the Courts of Justice Acts, 1924 to 1946, a Circuit Judge for the time being assigned (whether permanently or temporarily) to a particular circuit may, outside that circuit, hear and determine any application which he has jurisdiction to hear and determine within that circuit and which, in his opinion, should be dealt with as a matter of urgency.

PART V PENSIONS OF JUSTICES OF THE DISTRICT COURT

18.—(1) The following provisions shall, subject to subsection (3) of this section, apply to every existing 1936 Justice:—

( a ) unless and until he makes the election provided for in paragraph (b) of this subsection, subsection (1) or (2) (as the case may be) of section 48 of the Act of 1936 shall not apply to him and, in lien thereof, section 75 (repealed by the Act of 1936) of the Principal Act shall apply to him, as if it had not been repealed and as if section 48 of the Act of 1936 had not been enacted,

( b ) he may, by notice in writing sent to the Minister for Finance at any time before he ceases to hold office, elect to accept the pension terms provided by subsection (1) or (2) (as the case may be) of section 48 of the Act of 1936 and, in that case, the said subsection (1) or (2) shall apply to him.

(2) Subsection (5) of section 48 of the Act of 1936 shall apply to any pension granted, by virtue of paragraph (a) of subsection (1) of this section, under section 75 of the Principal Act.

(3) Any existing 1936 Justice, who made the election mentioned in subsection (3) of section 48 of the Act of 1936, may, by notice in writing sent to the Minister for Finance within three months after the date of the passing of this Act, confirm such election and, in that case, subsection (1) of this section shall not apply to him.

(4) In this section the expression "existing 1936 Justice" means a Justice of the District Court who held office at the date of the passing of the Act of 1936 and holds office at the date of the passing of this Act.

19.—(1) Every pension granted under the Acts to a Justice of the District Court and every award under the Superannuation Acts, 1834 to 1946, granted, by virtue of the Acts, to or in respect of a Justice of the District Court shall be charged on and payable out of the Central Fund or the growing produce thereof.

(2) In this section, the expression "the Acts" means the Courts of Justice Acts, 1924 to 1946, and this Act.

20.—(1) Where—

( a ) a Justice (including an Assistant Justice) of the District Court, who held office at the date of the passing of the Act of 1936, did not exercise the election provided by subsection (3) of section 48 of the Act of 1936, and

( b ) such Justice died before the passing of this Act while holding office,

the Minister for Finance may pay to the legal personal representatives of such Justice a gratuity equal to the amount of his annual salary at the date of his death.

(2) Every gratuity payable under this section shall be charged on and payable out of the Central Fund or the growing produce thereof.

Section 4.

SCHEDULE

ENACTMENTS REPEALED.

PART I

Enactments repealed as on and from the date of the passing of this Act

PART II.

Enactments repealed as on and from the commencement of Part III of this Act.