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48 1936

COURTS OF JUSTICE ACT, 1936

PART VIII.

Amendment of Certain Enactments.

Amendment of section 53 of the Dublin Police Act, 1842.

82. —Section 53 of the Dublin Police Act, 1842, is hereby amended by the deletion from the said section of the words “any of the divisional justices”, and the insertion in the said section of the words “a justice of the District Court” in lieu of the words so deleted, and the said section shall be construed and have effect accordingly, and the said section as so amended shall have effect throughout Saorstát Eireann.

Amendment of the Fatal Accidents Act, 1846.

83. —(1) Notwithstanding anything contained in the Fatal Accidents Act, 1846, any action under that Act may with the consent of all parties to such action be heard and determined by a judge without a jury, and when any such action is so heard section 2 of the said Act shall be construed and have effect as if the word “judge” were substituted therein for the word “jury” wherever that word occurs and such further modifications were made in the said section as may be necessary in consequence of such substitution.

(2) Notwithstanding anything contained in section 2 of the Fatal Accidents Act, 1846, the amount recovered in any action under that Act shall (after deducting the costs not recovered from the defendant) be divided, in pursuance of the said section 2, amongst the parties mentioned in that section in such shares as the judge before or by whom such action is tried shall determine and direct.

Amendment of section 86 of the Probates and Letters of Administration Act (Ireland), 1857.

84. —(1) Section 86 of the Probates and Letters of Administration Act (Ireland), 1857, is hereby repealed and in lieu thereof it is hereby enacted as follows, that is to say:—

(a) every person (with the exceptions hereinafter mentioned) to whom any grant of administration shall be committed shall give a bond to the President of the High Court to inure for the benefit of the President of the High Court for the time being, and, if the Court or (in the case of a grant from the district registry) the district registrar shall so require, with one or more surety or sureties, conditioned for duly collecting, getting in, and administering the personal estate of the deceased and so much of the real estate of the deceased as shall by law devolve to and vest in his legal personal representative;

(b) the said bond shall be in such form as the President of the High Court shall, by any special or general order, direct;

(c) it shall not be necessary for the Chief State Solicitor or the Solicitor for the Attorney-General to give any such bond as aforesaid when applying for or obtaining administration to the use or benefit of the State.

(2) Paragraphs (a), (b), and (c) of the foregoing sub-section of this section shall be read as one with the Probates and Letters of Administration Act (Ireland), 1857, and shall be construed accordingly, and references in that Act or in rules of court to the bond required by section 86 of that Act shall be construed as references to the bond required by the said paragraph (a).

Amendment of section 9 of the Summary Jurisdiction (Ireland) Amendment Act, 1871.

85. —Section 9 of the Summary Jurisdiction (Ireland) Amendment Act, 1871, is hereby amended by the deletion from the said section of the words “any of the divisional justices of the police district of Dublin Metropolis presiding in one of the public courts of the said district”, and the insertion in the said section of the words “a justice of the District Court” in lieu of the words so deleted, and the said section shall be construed and have effect accordingly, and the said section as so amended shall have effect throughout Saorstát Eireann.

Amendment of section 14 of the Agricultural Credit Act, 1929 .

86. —(1) Sub-section (1) of section 14 of the Agricultural Credit Act, 1929 (No. 30 of 1929), is hereby amended by the deletion therefrom of paragraph (e) thereof.

(2) The amendment of sub-section (1) of section 14 of the Agricultural Credit Act, 1929 , made by the foregoing sub-section of this section shall have effect as from the passing of the said Act and accordingly the said section 14 shall be construed and have effect and be deemed always to have had effect with and subject to such amendment.