No. 8/1951:

COURT OFFICERS ACT, 1951

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Surrender by county registrar of certain fees.

3 Grant of civil service certificates to certain existing district court clerks and gratuities to certain existing district court clerks.

4 Deputies for district court clerks.

5 District probate registries.

6 Amendment of section 12 of the Act of 1945.

7 Short title, collective citation and construction.

AN ACT TO AMEND THE COURT OFFICERS ACTS, 1926 TO 1945.

[27th March, 1951]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "the Act of 1945" means the Court Officers Act, 1945 (No. 25 of 1945);

the expression "the Principal Act" means the Court Officers Act, 1926 (No. 27 of 1926).

2.—(1) Where the powers, duties, authorities, rights and obligations of an undersheriff of a county or county borough are, by virtue of section 54 of the Principal Act, transferred to a county registrar, then, notwithstanding anything contained in that section, all fees received by that county registrar under any order made under section 14 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), shall be surrendered by him to the Exchequer.

(2) This section shall be deemed to have come into operation on, and shall have effect as on and from, the 1st day of September, 1926.

3.—(1) This section applies to—

( a ) a person who, on the date of the passing of this Act, is employed during the whole of his time as a district court clerk and in respect of whose situation as a district court clerk a certificate of qualification has not been granted before that date,

( b ) a person who, on that date, is employed during part of his time as a district court clerk and who becomes employed during the whole of his time as a district court clerk.

(2) ( a ) The Civil Service Commissioners may, on the recommendation of the Minister given with the concurrence of the Minister for Finance, grant to any person to whom this section applies a certificate of qualification in respect of his situation as a district court clerk.

( b ) A certificate of qualification granted under paragraph (a)of this subsection may, with the consent of the Minister for Finance, be expressed to take effect from a date prior to the date on which it is granted and, when a certificate of qualification is so expressed to take effect from a date prior to the date on which it is granted, the person to whom the certificate is granted shall be deemed to have been paid from moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, as from the date from which the certificate is expressed to take effect.

(3) Where a person to whom this section applies has for any reason not been granted a certificate of qualification in respect of his situation as a district court clerk under subsection (2) of this section or otherwise before his discharge, the Minister for Finance may, out of moneys provided by the Oireachtas, grant to such person on his discharge a gratuity of such amount (not exceeding twice the amount of his salary and emoluments during the last year of his employment) as the Minister for Finance thinks proper.

4.—(1) In the event of the temporary absence or the temporary incapacity of any district court clerk or in the event of the office of district court clerk for any district court area being vacant, the Minister may, with the concurrence of the Minister for Finance, appoint a deputy to execute the office of such district court clerk during such absence, incapacity or vacancy, and any person, so appointed shall hold office on such conditions as the Minister for Finance, after consultation with the Minister, may from time to time determine.

(2) A deputy appointed under this section shall, while his appointment continues, have and exercise all powers and authorities and fulfil all the duties and functions of the district court clerk whose deputy he is.

5.—(1) Every district probate registry shall, for the purposes of section 9 of the Act of 1945, be deemed to be an office attached to the High Court.

(2) Subsection (1) of this section shall be deemed to have come into operation on, and shall have effect as on and from, the 26th day of July, 1945.

6.—(1) ( a ) In section 12 of the Act of 1945, the following subsection shall be substituted for subsection (4)—

"(4) Where an order is made under subsection (2) of this section in respect of the county borough of Dublin before the person holding office on the date of the passing of this Act as undersheriff of the county of Dublin ceases to hold office, the making of the order shall not affect the operation of subsection (3) of section 23 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), or subsection (2) of section 9 of the Local Government (Dublin) (Amendment) Act, 1940 (No. 21 of 1940), but, in applying those provisions respectively on such person's ceasing to hold that office, the word 'sheriff' shall be substituted for the word 'undersheriff'-

( a ) in paragraphs (a) and (b) of subsection (3) of the said section 23, and

( b ) in subsection (2) of the said section 9 where the word undersheriff' last occurs therein."

( b ) Paragraph (a)of this subsection shall be deemed to have come into operation on, and shall have effect as on and from, the 26th day of July, 1945.

(2) Notwithstanding paragraph (b) of subsection (6) of section 12 of the Act of 1945, the age of retirement from the office of sheriff of the person holding the office of sheriff of the county borough of Dublin on the date of the passing of this Act shall be seventy-two years.

7.—(1) This Act may be cited as the Court Officers Act, 1951 .

(2) The Court Officers Acts, 1926 to 1945, and this Act may be cited together as the Court Officers Acts, 1926 to 1951.

(3) The Court Officers Acts, 1926 to 1945, and this Act shall be construed together as one Act.