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39 1961

COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961

PART III

Circuit Court

Definitions (Part III).

15. —In this Part of and in the Third , Fourth and Fifth Schedules to this Act—

action” means a civil proceeding in the Circuit Court commenced by civil bill;

cause” means any action, suit or original proceeding between a plaintiff and a defendant;

defendant” includes respondent;

incorporeal hereditament” includes an easement and a licence in respect of land;

matter” means any proceeding in the Circuit Court not in a cause;

plaintiff” includes applicant and petitioner;

proceedings” includes both causes and matters;

references to the judge of a particular circuit shall be construed as references to the judge of the Circuit Court for the time being assigned to that circuit;

personality” does not include chattels real;

land” includes incorporeal hereditaments;

rules of court” means rules made under section 66 of the Act of 1924, as applied by section 48 of this Act.

Number of ordinary judges of Circuit Court.

16. —(1) The number of ordinary judges of the Circuit Court shall not be more than eight.

(2) Notwithstanding subsection (1) of this section, if, on the operative date, there are nine ordinary judges of the Circuit Court, then, until the occurrence of the first vacancy in the office of judge of the Circuit Court, the number of ordinary judges of the Circuit Court shall not be more than nine.

Qualifications of judges of Circuit Court.

17. —(1) (a) The existing President of the Circuit Court shall be qualified for appointment as President of the Circuit Court and, if he is willing to accept office, no other person shall be qualified for appointment as President of the Circuit Court.

(b) Each of the persons (other than the existing President of the Circuit Court) who are judges of the existing Circuit Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the Circuit Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the Circuit Court.

(c) Paragraphs (a) and (b) of this subsection apply only in relation to the qualification for appointment of the first judges of the Circuit Court.

(d) Subsections (2) and (3) of this section shall have effect subject to the preceding paragraphs of this subsection.

(2) (a) A person who is for the time being a practising barrister of not less than ten years' standing shall be qualified for appointment as a judge of the Circuit Court.

(b) For the purposes of paragraph (a) of this subsection, service, in the case of a barrister, as a justice of the existing District Court or of the District Court shall be deemed practice at the Bar.

(3) An ordinary judge of the Circuit Court shall be qualified for appointment as President of the Circuit Court.

Age of retirement of judge of Circuit Court.

18. —(1) The age of retirement of a judge of the Circuit Court shall be seventy years.

(2) Notwithstanding subsection (1) of this section, the age of retirement of a judge of the Circuit Court who was a judge of the existing Circuit Court at the passing of the Act of 1947 shall be seventy-two years.

Pensions of judges of Circuit Court.

19. —(1) The provisions set out in Part II of the Second Schedule to this Act shall apply to the pensions of judges of the Circuit Court.

(2) Where a judge of the Circuit Court is removed from office on account of incapacity, he shall be deemed for the purpose of pension to have vacated his office owing to permanent infirmity.

Circuits and assignment of judges to circuits.

20. —(1) The circuits created under section 16 (repealed by this Act) of the Act of 1953 shall be the circuits for the purposes of the Circuit Court.

(2) (a) Where a person is appointed a judge of the Circuit Court, the Government shall permanently assign him to a particular circuit.

(b) Notwithstanding paragraph (a) of this subsection, if, on the operative date, there are nine ordinary judges of the Circuit Court so that, in the making of the first assignments under that paragraph, one of such judges cannot be permanently assigned to a particular circuit, such judge may be permanently assigned by the Government at any time to a circuit and, pending such assignment, may from time to time be temporarily assigned to any circuit by the President of the Circuit Court.

(c) Where a judge of the Circuit Court is temporarily assigned under paragraph (b) of this subsection to a circuit, then, such judge shall, while so temporarily assigned, have, in relation to such circuit and concurrently with any judge permanently assigned thereto and any judge who is temporarily assigned under section 10 of the Act of 1947 as applied by section 48 of this Act to such circuit, all the privileges, powers and duties for the time being conferred or imposed by law on a judge of the Circuit Court permanently assigned to such Circuit.

(3) Any judge of the Circuit Court who is for the time being permanently assigned to a particular circuit may at any time, if he so consents but not otherwise, be transferred by the Government to another circuit, and shall upon such transfer become and be permanently assigned to that other circuit in lieu of the first-mentioned circuit.

Circuit Court to be a court of record.

21. —The Circuit Court shall be a court of record.

Jurisdiction of Circuit Court, except in applications for new on-licences and in indictable offences.

22. —(1) (a) Subject to paragraphs (b) and (c) of this subsection, the Circuit Court shall, concurrently with the High Court, have all the jurisdiction of the High Court to hear and determine any proceedings of the kind mentioned in column (2) of the Third Schedule to this Act at any reference number.

(b) Unless the necessary parties to the proceedings in a cause sign, either before or at any time during the hearing, the form of consent prescribed by rules of court, the Circuit Court shall not, by virtue of paragraph (a) of this subsection, have jurisdiction to hear and determine any cause of the kind mentioned in column (2) of the Third Schedule to this Act at a particular reference number in the case mentioned in column (3) of the said Schedule at that reference number.

(c) The Circuit Court shall not, by virtue of paragraph (a) of this subsection, have jurisdiction to hear and determine any matter of the kind mentioned in column (2) of the Third Schedule to this Act at a particular reference number in the case mentioned in column (3) of the said Schedule at that reference number.

(d) The jurisdiction of the Circuit Court to hear and determine proceedings of the kind mentioned in column (2) of the Third Schedule to this Act at a particular reference number shall be exercised by the judge of the Circuit Court mentioned in column (4) of the said Schedule at that reference number.

(e) Where an incorporeal hereditament is involved in any proceedings in respect of which the Circuit Court has jurisdiction by virtue of this subsection, references in column (4) of the Third Schedule to this Act to the circuit where the land or any part of the land is situate shall be construed as references to the circuit where the land or any part of the land to, out of or in respect of which the incorporeal hereditament is annexed, arises, issues or is exercisable is situate.

(2) The Circuit Court shall, concurrently with the High Court, have and exercise the jurisdiction in lunacy matters which was conferred on the Lord Chancellor of Ireland by section 68 of the Lunacy Regulation (Ireland) Act, 1871, that is to say, in cases where the property of the person alleged to be of unsound mind and incapable of managing his affairs does not exceed two thousand pounds in value or the income therefrom does not exceed one hundred pounds per annum.

(3) (a) The Circuit Court shall have and exercise the several jurisdictions which—

(i) were, under or by virtue of any enactment set out in column (2) of the Fourth Schedule to this Act or any other enactment formerly vested in or capable of being exercised by chairmen of quarter sessions, recorders, county court judges, or quarter sessions, and

(ii) were, immediately before the operative date, vested in or capable of being exercised by the existing Circuit Court.

(b) The jurisdiction vested in the Circuit Court by paragraph (a) of this subsection under any enactment set out in column (2) of the Fourth Schedule to this Act at a particular reference number shall be exercised by the judge of the Circuit Court mentioned in column (3) of the said Schedule at that reference number.

(c) The Minister may from time to time by order make such provisions (not inconsistent with the provisions of paragraph (b) of this subsection) for the exercise by judges of the Circuit Court severally of any jurisdiction vested in the Circuit Court by paragraph (a) of this subsection as are in his opinion necessary or proper having regard to the provisions of this Act relating to the Circuit Court and the judges thereof.

(d) Every order made by the Minister under paragraph (c) of this subsection shall, if the order so provides, have and be deemed always to have had effect as on and from the operative date.

(4) (a) Each British statute mentioned in column (2) of the Fifth Schedule to this Act shall have effect subject to the adaptations specified in column (3) of the said Schedule opposite the mention of that statute.

(b) The Minister may from time to time by order make such adaptations (not inconsistent with the adaptations effected by paragraph (a) of this subsection) in any enactment (wherein there is a reference to the former civil bill courts, county courts or courts of quarter sessions, to the former assistant barristers, recorders, county court judges or chairmen of quarter sessions or to former officers of those courts) contained in any British statute or Saorstát Éireann statute as are, in his opinion, necessary or proper having regard to the provisions of this Act relating to the Circuit Court and the judges thereof.

(c) Every order made by the Minister under paragraph (b) of this subsection shall, if the order so provides, have and be deemed always to have had effect as on and from the operative date.

(5) (a) There shall also be vested in the Circuit Court all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing Circuit Court.

(b) A particular jurisdiction vested in the Circuit Court by paragraph (a) of this subsection shall, in case the exercise of that jurisdiction by the judges of the Circuit Court severally is not provided for in an enactment applied by section 48 of this Act, be exercised by the judges of the Circuit Court severally in the manner provided by rules of court.

(6) The Circuit Court, as regards any cause of action for the time being within its jurisdiction, shall in any proceedings before it—

(a) grant such relief, redress or remedy or combination of remedies, absolute or conditional, and

(b) give such and the like effect to every ground of defence or counterclaim, legal or equitable,

as ought to be granted or given in the like case by the High Court and in as full and ample a manner.

(7) Without prejudice to any jurisdiction conferred by the previous subsections of this section, the Circuit Court shall have powers of attachment, garnishee and interpleader, and shall have all powers (including the power to appoint a receiver) ancillary to any jurisdiction exercisable by it.

(8) Any party to an action commenced in the Circuit Court and pending therein may at any time apply to the judge of the Circuit Court before whom the action is pending to have the action forwarded to the High Court and thereupon, in case the action is one fit to be tried in the High Court and the High Court appears to be the more appropriate tribunal in the circumstances, the said judge may send forward the action to the High Court upon such terms and subject to such conditions as to costs or otherwise as mayappear to him to be just, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this Act, from the decision of the judge granting or refusing any such application.

(9) A judge of the Circuit Court may, on the application of any party or on his own motion, if he thinks fit, by order change the venue for the trial of any action pending before him from one place of hearing to any other within his circuit, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this Act, from the decision of the judge of the Circuit Court making or refusing to make any such order.

(10) A judge of the Circuit Court may, on the application of any party to an action which has been partly heard, transfer the remainder or any portion of the hearing to another venue within his circuit or within the Dublin Circuit, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this Act, from the decision of the judge granting or refusing any such application.

(11) A judge of the Circuit Court may, outside his circuit, hear and determine any application which he has power to hear and determine within that circuit and which, in his opinion, should be dealt with as a matter of urgency.

(12) Where—

(a) an action is pending before a judge of the Circuit Court for the time being assigned to a particular circuit, and

(b) an application is made by any party to such action for the transfer of such action to another circuit for hearing by the judge of the Circuit Court for the time being assigned to such other circuit,

such first-mentioned judge may, with the consent of such other judge, transfer such action accordingly and thereupon such action shall be heard and determined by such other judge, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this Act, from the decision of the first-mentioned judge granting or refusing any such application.

(13) A judge of the Circuit Court may adjourn the hearing of any proceedings before him to any other court within his circuit.

(14) A judge of the Circuit Court may make out of court any orders which he may deem to be urgent.

(15) (a) Notwithstanding anything contained in Part IV of the Act of 1936, as applied by section 48 of this Act, no appeal shall lie from any decision of the Circuit Court in any proceedings in a cause if, before the decision is given, the parties agree, in writing signed by them, that the decision shall be final.

(b) An agreement under paragraph (a) of this subsection shall not require a stamp.

Jurisdiction of Cork Circuit Court Judge in admiralty causes and in bankruptcy.

23. —(1) In this section—

the Cork Circuit” means the circuit of the Circuit Court consisting of the county and county borough of Cork;

the Cork Circuit Court Judge” means the judge of the Circuit Court for the time being assigned to the Cork Circuit.

(2) (a) The Cork Circuit Court Judge shall constitute and hold a local admiralty court (in this subsection referred to as the Court) to be called the Cork Local Admiralty Court.

(b) The Court shall, within the Cork Circuit with the parts of the sea adjacent to it and within the outer limit of the territorial seas, within the meaning of the Maritime Jurisdiction Act, 1959 , have the jurisdiction in admiralty causes which immediately before the commencement of Part II of the Act of 1924 was exercisable by the former Recorder of Cork.

(c) The jurisdiction of the Court shall be exercised by the Cork Circuit Court Judge.

(d) Section 38 of the Act of 1936, as applied by section 48 of this Act, shall apply to every judgment or order of the Court.

(3) (a) The Cork Circuit Court Judge shall constitute and hold a local bankruptcy court (in this subsection referred to as the Court) to be called the Cork Local Bankruptcy Court.

(b) The Court shall, as respects any person residing or having an office or place of business in the Cork Circuit who is a debtor or person sought to be adjudged a bankrupt or an arranging debtor, have the like jurisdiction, power and authority in bankruptcy and as to arrangement with creditors and composition after bankruptcy as are for the time being vested in or capable of being exercised by the High Court.

(c) The jurisdiction of the Court shall be exercised by the Cork Circuit Court Judge.

(d) Section 38 of the Act of 1936, as applied by section 48 of this Act, shall apply to every judgment or order of the Court.

(4) Subsections (6) and (7) of section 22 of this Act shall have effect as if the references therein to the Circuit Court included references to the Cork Local Admiralty Court and the Cork Local Bankruptcy Court.

(5) Subsections (8), (11), (14) and 15 of section 22 of this Act shall apply to proceedings in the Cork Local Admiralty Court and in the Cork Local Bankruptcy Court.

(6) (a) In this subsection references to section 25 (which relates to the remittal or transfer of actions pending in the High Court) of the Act of 1924 are references to that section, as applied by section 48 of this Act and; as amended by section 11 of the Act of 1936, as so applied, and by section 13 of the Act of 1953, as so applied.

(b) Section 25 of the Act of 1924 shall apply to admiralty actions pending in the High Court which might have been commenced in the Cork Local Admiralty Court, and for that purpose references in the said section to the Circuit Court shall be construed as references to the Cork Local Admiralty Court.

(c) Section 25 of the Act of 1924 shall apply to bankruptcy proceedings pending in the High Court which might have been commenced in the Cork Local Bankruptcy Court, and for that purpose references in the said section to the Circuit Court shall be construed as references to the Cork Local Bankruptcy Court.

Jurisdiction of Circuit Court in applications for new on-licences.

24. —(1) In this section “on-licence” has the same meaning as in the Licensing Acts, 1833 to 1960.

(2) The Circuit Court shall have jurisdiction in all cases of applications for new on-licences.

(3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge of the circuit in which the premises in respect of which the new on-licence is sought are situate.

(4) Where the Circuit Court grants under this section a new on-licence, then, notwithstanding anything contained in any enactment, the licence shall not require to be confirmed at any subsequent sitting of the Circuit Court.

Jurisdiction of Circuit Court in indictable offences.

25. —(1) Subject to subsection (2) of this section, the Circuit Court shall have and may exercise every jurisdiction as respects indictable offences for the time being vested in the Central Criminal Court and every person lawfully brought before the Circuit Court in exercise of such jurisdiction may be indicted before and tried and, if convicted, sentenced by the Circuit Court accordingly.

(2) The jurisdiction conferred on the Circuit Court by subsection (1) of this section shall not extend to treason, an offence under section 2 or 3 of the Treason Act, 1939 , an offence under section 6 , 7 or 8 of the Offences Against the State Act, 1939 , murder, attempt to murder, conspiracy to murder, or piracy, including an offence by an accessory before or after the fact.

(3) The jurisdiction vested in the Circuit Court by subsection (1) of this section shall be exercised by the judge of the circuit in which the offence charged has been committed or in which the accused person has been arrested or resides.

(4) In section 6 of the Courts of Justice Act, 1926 , as applied by section 48 of this Act, and in subsection (1) of section 14 of the Wireless Telegraphy Act, 1926 , the references to section 53 of the Act of 1924 shall be construed as references to subsection (3) of this section.

Transfer of trials in criminal cases by judge of the Circuit Court.

26. —(1) A judge of the Circuit Court may, if he thinks fit, transfer the trial of a criminal issue from the place in his circuit where it is required by law to be held to any other place in that circuit, and, in that event, the trial shall be held at the place to which it is transferred with a jury drawn from the jury district or other area prescribed for trials by the Circuit Court sitting in the latter place.

(2) An order of a judge of the Circuit Court under subsection (1) of this section—

(a) may be made only on the application of the Attorney General or an accused person,

(b) may provide for matters ancillary or incidental to the transfer, and

(c) shall be final and unappealable.

Jurisdiction to be exercised pursuant to rules of court (Circuit Court, Cork Local Admiralty Court and Cork Local Bankruptcy Court).

27. —(1) The jurisdiction which is by virtue of this Act vested in or exercisable by the Circuit Court, the Cork Local Admiralty Court and the Cork Local Bankruptcy Court respectively shall be exercised so far as regards pleading, practice and procedure generally, including liability to costs, in the manner provided by rules of court, and where, as regards the jurisdiction of the Cork Local Admiralty Court and the Cork Local Bankruptcy Court, there is no provision in such rules and so long as there is no rule in reference thereto, it shall be exercised as nearly as possible in the same manner as it might have been exercised by the former Recorder of Cork.

(2) The rule-making authority for the Circuit Court shall also be the rule-making authority for the Cork Local Admiralty Court and the Cork Local Bankruptcy Court.