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39 1961

COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961

PART V

Miscellaneous Provisions

Administration of justice otherwise than in public.

45. —(1) Justice may be administered otherwise than in public in any of the following cases:

(a) applications of an urgent nature for relief by way of habeas corpus, bail, prohibition or injunction;

(b) matrimonial causes and matters;

(c) lunacy and minor matters;

(d) proceedings involving the disclosure of a secret manufacturing process;

(2) The cases prescribed by subsection (1) of this section shall be in addition to any other cases prescribed by any Act of the Oireachtas.

(3) Any provision contained in any statute of the Parliament of the former United Kingdom or of the Oireachtas of Saorstát Éireann which provided for the administration of justice otherwise than in public and which is not in force solely by reason of its being inconsistent with the provisions of the Constitution of Saorstát Éireann or the Constitution, as the case may be, shall have full force and effect.

Provisions in relation to remuneration and pensions of judges and justices.

46. —(1) There shall be paid to the several judges of the Supreme Court and of the High Court the following remuneration—

(a) to the Chief Justice the sum of £5,335 a year,

(b) to the President of the High Court and to each of the ordinary judges of the Supreme Court the sum of £4,070 a year,

(c) to each of the ordinary judges of the High Court the sum of £3,575 a year.

(2) There shall be paid to the several judges of the Circuit Court the following remuneration—

(a) to the President of the Circuit Court the sum of £3,575 a year,

(b) to each of the ordinary judges of the Circuit Court the sum of £2,835 a year.

(3) There shall be paid to the several justices of the District Court the following remuneration—

(a) to the President of the District Court the sum of £2,500 a year,

(b) to each Principal Justice of the Dublin Metropolitan District the sum of £2,215 a year,

(c) to each other justice of the District Court who is for the time being permanently assigned to the Dublin Metropolitan District the sum of £2,070 a year,

(d) to the justice of the District Court who is for the time being permanently assigned to the district court district which comprises or includes the County Borough of Cork the sum of £2,070 a year,

(e) to each other justice of the District Court the sum of £1,925 a year.

(4) There shall be charged on and payable out of the Central Fund or the growing produce thereof—

(a) the remuneration payable under this Act to a judge of the Supreme Court, the High Court or the Circuit Court or a justice of the District Court, and

(b) the pension payable under this Act to a judge of the Supreme Court, the High Court, the Circuit Court or a justice of the District Court, and

(c) the superannuation allowance and additional allowance payable under this Act to a justice of the District Court to whom paragraph 9 of the Second Schedule to this Act applies, and

(d) the gratuity payable under this Act in respect of a justice of the District Court to whom paragraph 9 of the Second Schedule to this Act applies.

(5) Not more than one pension shall be payable under this Act to the same person.

(6) Where a person in receipt of a pension under this Act is employed in a situation remunerated out of moneys provided by the Oireachtas or out of the Central Fund, then—

(a) such pension shall not be payable in respect of any period during which the remuneration of such person in such situation is equal to or greater than his remuneration in the judicial office in respect of which he is entitled to such pension, and

(b) so much only of such pension shall be payable in respect of any period during which the remuneration of such person in such situation is less than his remuneration in the said judicial office as with his remuneration in such situation will amount to his remuneration in the said judicial office.

(7) In the application of subsection (5) of this section to a justice of the District Court to whom paragraph 9 of the Second Schedule to this Act applies, references to a pension shall be construed as references to a superannuation allowance and to an additional allowance.

(8) In the application of subsection (6) of this section to a justice of the District Court to whom paragraph 9 of the Second Schedule to this Act applies, references to a pension shall be construed as references to a superannuation allowance.

Interest on judgment debts.

47. —(1) Every judgment debt due upon a judgment of the Circuit Court obtained on or after the operative date shall be deemed a judgment debt within the meaning of section 26 (which provides that judgment debts are to carry interest) of the Debtors (Ireland) Act, 1840.

(2) Section 26 of the Debtors (Ireland) Act, 1840, and the said section 26, as extended by subsection (1) of this section, shall apply to a judgment debt due to or from a State authority.

Application of enactments relating to existing courts and judges and officers thereof, and rules of court.

48. —(1) (a) Subject to paragraph (b) of this subsection, this section applies to the following enactments—

(i) any enactment contained in the Courts of Justice Acts, 1924 to 1961, the Court Officers Acts, 1926 to 1961, or the Criminal Justice Act, 1951 ,

(ii) any other enactment wherein there is a reference to a court established by the Act of 1924 or to a judge or officer thereof,

(iii) any instrument (other than rules of court) which is in force immediately before the operative date and was made under any enactment referred to in subparagraph (i) or (ii) of this paragraph.

(b) This section does not apply to—

(i) any enactment which has been repealed before the operative date or which is repealed by this Act, or

(ii) subsection (2) of section 19 and sections 77 and 78 of the Act of 1924.

(2) In the application of this section in relation to the existing District Court and the District Court a reference to a judge shall be construed as a reference to a justice thereof.

(3) Every enactment to which this section applies shall apply to the courts established by the Principal Act and to the judges and officers thereof as if it were enacted in this Act, with and subject to—

(a) the modifications specified in subsection (5) of this section,

(b) such adaptations and other modifications as may be made by the Minister under subsection (6) of this section.

(4) Rules of court made under the enactments to which this section applies and in force immediately before the operative date shall be deemed to have been made under those enactments, as applied by subsection (3) of this section, and shall have effect accordingly, but with and subject to the modifications specified in subsection (5) of this section, and any such rules of court may be altered or annulled as if they had been made under those enactments as so applied.

(5) The following are the modifications referred to in paragraph (a) of subsection (3) and in subsection (4) of this section—

(a) a reference to the court mentioned in column (2) of Part I of the Seventh Schedule to this Act at a particular reference number shall be construed as a reference to the court mentioned in column (3) of the said Part I at that reference number,

(b) a reference to a judge of the court mentioned in column (2) of the said Part I at a particular reference number shall be construed as a reference to a judge of the court mentioned in column (3) of the said Part I at that reference number, and

(c) a reference to the judge mentioned in column (2) of Part II of the Seventh Schedule to this Act at a particular reference number shall be construed as a reference to the judge mentioned in column (3) of the said Part II at that reference number.

(6) (a) The Minister may from time to time by order make such adaptations or modifications (not inconsistent with the modifications effected by subsection (5) of this section) in or of any enactment to which this section applies as are, in his opinion, necessary and proper in order to give effect to the provisions of this Act.

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

(7) “This Act” where it occurs in any enactment applied by this section shall, unless the context otherwise requires, be construed as referring to the Act which includes that enactment.

(8) Subsection (1) of section 51 of the Act of 1936, as applied by this section, shall have effect as if “ten years' standing” were substituted for “six years' standing”.

(9) Subsection (1) of section 27 of the Act of 1953, as applied by this section, shall have effect as if for the reference therein to section 11 (repealed by this Act) of the Act of 1946 there were substituted a reference to section 40 of this Act.

(10) (a) Paragraph (a) of subsection (1) of section 2 of the Act of 1961 shall not be taken to refer to a person who, immediately before the passing of the Act of 1961, was a judge of the existing Supreme Court, High Court or Circuit Court or a justice of the existing District Court and is appointed a judge on the operative date.

(b) The reference in subsections (2), (4) and (5) of section 4 of the Act of 1961 to the Court Officers Acts, 1926 to 1951, shall be deemed to include a reference to this Act.

(c) Section 5 of the Act of 1961 shall have effect as if there were inserted at the end of subsection (2) “or under section 58 of the Courts (Supplemental Provisions) Act, 1961.”

(d) In this subsection “the Act of 1961” means the Courts of Justice and Court Officers (Superannuation) Act, 1961 .

Preservation of continuity of administration and enforcement of justice.

49. —(1) The continuity of the administration and enforcement of justice shall not be interrupted by the coming into operation of the Principal Act or this Act.

(2) Without prejudice to the generality of subsection (1) of this section—

(a) any act done or proceedings taken before the operative date in respect of any cause or matter in the court mentioned in column (2) of Part I of the Seventh Schedule to this Act at a particular reference number shall be deemed to have been done or taken respectively in the court mentioned in column (3) of the said Part I at that reference number,

(b) any act done or proceedings taken before the operative date in respect of any cause or matter before the judge mentioned in column (2) of Part II of the Seventh Schedule to this Act at a particular reference number (being reference number 1 or 2) shall be deemed to have been done in that cause or matter before the judge mentioned in column (3) of the said Part II at that reference number,

(c) any act done or proceedings taken before the operative date in respect of any cause or matter before the existing Cork Circuit Court Judge exercising jurisdiction in admiralty shall be deemed to have been done or taken in the Cork Local Admiralty Court,

(d) any act done or proceedings taken before the operative date in respect of any cause or matter before the existing Cork Circuit Court Judge exercising jurisdiction in bankruptcy shall be deemed to have been done or taken in the Cork Local Bankruptcy Court.

(3) In subsection (2) of this section “the existing Cork Circuit Court Judge” means the judge of the existing Circuit Court for the circuit of the existing Circuit Court consisting of the county and county borough of Cork.

Appeals from District Court in criminal cases against sentence only.

50. —Where—

(a) an order is made in a criminal case by a justice of the District Court convicting a person and sentencing him to pay a penal or other sum or to do anything at any expense or to undergo a term of imprisonment or to be detained in Saint Patrick's Institution, and

(b) an appeal is taken against the order, and

(c) either—

(i) the notice of appeal states that the appeal is against so much only of the order as relates to the sentence, or

(ii) the appellant, on the hearing of the appeal, indicates that he desires to appeal against so much only of the order as relates to the sentence,

then, notwithstanding any rule of law, the Circuit Court shall not, on the hearing of the appeal, re-hear the case except to such extent as shall be necessary to enable the court to adjudicate on the question of sentence.

Extension of section 2 of the Summary Jurisdiction Act, 1857.

51. —(1) Section 2 of the Summary Jurisdiction Act, 1857, is hereby extended so as to enable any party to any proceedings whatsoever heard and determined by a justice of the District Court (other than proceedings relating to an indictable offence which was not dealt with summarily by the court) if dissatisfied with such determination as being erroneous on a point of law, to apply in writing within fourteen days after such determination to the said justice to state and sign a case setting forth the facts and the grounds of such determination for the opinion thereon of the High Court.

(2) Upon the making of an application under section 2 of the Summary Jurisdiction Act, 1857, as extended by subsection (1) of this section, for a case stated, the determination in respect of which the application is made shall be suspended—

(a) where the justice of the District Court to whom the application is made grants the application, until the case stated has been heard and determined, and

(b) where he refuses to grant the application, until he so refuses.

(3) The references in sections 6, 8, 9, 10 and 14 of the Summary Jurisdiction Act, 1857, to that Act shall be construed as references to that Act as extended by subsection (1) of this section.

(4) In section 2 of the Summary Jurisdiction Act, 1857, and in this section, “party” means any person who was entitled to be heard and was heard in the proceedings in which the determination in respect of which an application for a case stated is made was given.

Case stated for High Court on question of law.

52. —(1) A justice of the District Court shall, if requested by any person who has been heard in any proceedings whatsoever before him (other than proceedings relating to an indictable offence which is not being dealt with summarily by the court) unless he consider the request frivolous, and may (without request) refer any question of law arising in such proceedings to the High Court for determination.

(2) An appeal shall lie by leave of the High Court to the Supreme Court from every determination of the High Court on a question of law referred to the High Court under subsection (1) of this section.

Application of section 26 of Hire-Purchase (Amendment) Act, 1960.

53. Section 26 of the Hire-Purchase (Amendment) Act, 1960 , shall apply to any action pending in the High Court which is founded on a credit-sale agreement (within the meaning of the Hire-Purchase Acts, 1946 and 1960).

Jurisdiction to bind to the peace or to good behaviour.

54. —The jurisdiction formerly exercisable by justices of the peace to make an order binding a person to the peace or to good behaviour or to both the peace and good behaviour and requiring him to enter into a recognizance in that behalf may be exercised by—

(a) a judge of the Supreme Court or the High Court, or

(b) a judge of the Circuit Court within the circuit to which he is for the time being assigned, or

(c) a justice of the District Court within the district to which he is for the time being assigned.

Offices and officers, etc. under Court Officers Acts, 1926 to 1951.

55. —(1) The provisions set out in the Eighth Schedule to this Act shall apply in relation to offices and officers to be attached to the High Court, the Supreme Court and the President of the High Court respectively.

(2) (a) Every Circuit Court office shall become and be attached to the Circuit Court.

(b) Every county registrar shall become and be attached to the Circuit Court.

(c) Every assignment of a county registrar made or deemed to have been made under section 10 of the Act of 1945 before the operative date shall, if it is in force immediately before the operative date, continue in force and be deemed to have been made under the said section 10, as applied by section 48 of this Act.

(3) (a) Every district court clerk shall become and be attached to the District Court.

(b) Every assignment of a district court clerk made under section 48 of the Act of 1926 before the operative date shall, if it is in force immediately before the operative date, continue in force and be deemed to have been made under the said section 48 as applied by section 48 of this Act.

(4) Any requisition made under section 9 of the Act of 1945 before the operative date shall, if it is in force immediately before the operative date, continue in force and be deemed to have been made under the said section 9, as applied by section 48 of this Act.

(5) Any appointment made under section 4 (which relates to deputies for district court clerks) of the Court Officers Act, 1951 , before the operative date shall, if it is not terminated before the operative date, be deemed to have been made under the said section 4, as applied by section 48 of this Act.

(6) The following provisions shall apply to any person who, immediately before the operative date, holds any office, employment or position under the Court Officers Acts, 1926 to 1951—

(a) he shall continue to hold his office, employment or position as if this Act had not been passed,

(b) nothing in this Act shall affect the terms and conditions on and subject to which he held his office, employment or position immediately before the operative date.

(7) The business to be transacted in the Circuit Court office for the circuit consisting of the county and county borough of Cork, pursuant to section 37 of the Act of 1926, shall include the business of the Cork Local Admiralty Court and the Cork Local Bankruptcy Court, and section 65 of the Act of 1936 (which relates to the prescribing of court fees) shall have effect accordingly.

Power to continue county registrars in office after reaching age of sixty-five years.

56. —(1) (a) In this section “the Committee” means a committee consisting of—

(i) the Chief Justice,

(ii) the President of the High Court, and

(iii) the Attorney General.

(b) The Committee may act by a majority of its members and a warrant under this section shall be sufficiently authenticated if signed by two members of the Committee.

(2) Where—

(a) a county registrar is about to reach the age of sixty-five years, and

(b) he satisfies the Committee that he is not suffering from any disability which would render him unfit to discharge efficiently the duties of his office,

the Committee may, if they so think proper after consultation with the Minister, by warrant made before such county registrar attains the said age, continue him in office for one year commencing on the date on which he will attain the said age.

(3) Where—

(a) a county registrar to whom a warrant under subsection (2) of this section or under this subsection relates, or to whom a warrant under this subsection is deemed to relate, is about to reach the age of (as the case may be) sixty-six, sixty-seven, sixty-eight or sixty-nine years, and

(b) he satisfies the Committee that he is not suffering from any disability which would render him unfit to continue to discharge efficiently the duties of his office,

the Committee may, if they so think proper after consultation with the Minister, by warrant made before such county registrar attains the said age, continue him in office for one year commencing on the date on which he will attain the said age.

(4) Where, immediately before the operative date, there is a county registrar whose age of retirement was extended under subsection (6) of section 35 of the Act of 1926, such county registrar shall be deemed to have been continued in office by warrant under subsection (3) of this section and to be a county registrar to whom that subsection relates.

(5) The provisions of this section shall have effect notwithstanding anything contained in subsection (6) of section 35 of the Act of 1926.

Pension of Master of the High Court, Taxing-Master and county registrar.

57. —(1) Where—

(a) a person who holds the office of Master of the High Court, Taxing-Master or county registrar ceases to hold that office (otherwise than on being removed from that office by the Government on the ground of misconduct or inefficiency) either after attaining the age of sixty-five years or upon medical certificate that he is incapable, from infirmity of mind or body, of discharging the duties of that office and that the infirmity is likely to be permanent, and

(b) he has completed five or more years of continuous service in one or more of the said offices

he shall, subject to the provisions of this section, be eligible for a pension consisting of—

(i) if he has completed twenty or more years of such service, two-thirds of the annual remuneration in respect of the office which he ceases to hold, or

(ii) if he has not completed twenty years of such service, one-sixth of the annual remuneration in respect of the office which he ceases to hold together with one-thirtieth of that remuneration for each (if any) completed year of such service in excess of five.

(2) Where a person in receipt of a pension under this section is employed in a situation remunerated out of moneys provided by the Oireachtas, then

(a) the pension shall not be payable in respect of any period during which his remuneration in respect of such situation is equal to or greater than the remuneration by reference to which the pension was computed, and

(b) so much only of the pension shall be payable in respect of any period during which his remuneration in respect of such situation is less than the remuneration by reference to which the pension was computed as with his remuneration in respect of such situation will amount to the remuneration by reference to which the pension was computed.

(3) A reference in this section to service of any person shall be construed as a reference to service of such person in respect of which he was remunerated, exclusive of any period during which he was absent on account of illness and was remunerated at a rate determined by reference to the rate which would be appropriate if he were on pension.

(4) Pensions under this section may be granted by the Minister for Finance.

Special provisions for person who, on the operative date, holds the office of Master of the High Court, Taxing-Master or county registrar.

58. —(1) Notwithstanding the terms of section 57 of this Act, that section shall not apply in relation to a person who, on the operative date, holds the office of Master of the High Court, Taxing-Master or county registrar unless and until he elects under this section to accept the provisions of the said section 57.

(2) A person who, on the operative date, holds the office of Master of the High Court, Taxing-Master or county registrar may, by notice in writing sent to the Minister before the expiration of three months after the operative date, elect to accept the provisions of section 57 of this Act.

(3) Notwithstanding the repeal by this Act of sections 4 and 5 of the Act of 1945—

(a) those sections shall continue to have effect in relation to a person who, at the passing of the Act of 1945, held the office of Taxing-Master or county registrar and holds such office on the operative date, unless and until such person elects under this section to accept the terms of section 57 of this Act;

(b) section 4 shall continue to have effect in relation to a person who was appointed to the office of Master of the High Court, Taxing-Master or county registrar after the passing of the Act of 1945 and holds such office on the operative date, unless and until such person elects under this section to accept the terms of section 57 of this Act.

Officers of Cork Local Admiralty Court and Cork Local Bankruptcy Court.

59. —(1) In this section—

the existing Cork Circuit Court Judge” means the judge of the existing Circuit Court for the circuit of the existing Circuit Court consisting of the county and county borough of Cork;

the Cork County Registrar” means the county registrar for the county and county borough of Cork.

(2) (a) In this subsection “the Court” means the Cork Local Admiralty Court constituted by subsection (2) of section 23 of this Act.

(b) There shall be attached to the Court the following officers—

(i) a registrar,

(ii) a marshal.

(c) The Cork County Registrar shall be the registrar of the Court.

(d) The marshal of the Court shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister, with the sanction of the Minister for Finance, shall determine.

(e) The authorities, powers, duties and functions of the registrar of the Court shall correspond with those conferred or imposed by statute or rule of court on the officer attached to the High Court who is acting as Admiralty Registrar of the High Court.

(f) The authorities, powers, duties and functions of the marshal of the Court shall correspond with those conferred or imposed by statute or rule of court on the officer attached to the High Court who is acting as Admiralty Marshal of the High Court.

(g) The person (if any) who, immediately before the operative date, held the office of or acted as marshal for the purposes of the jurisdiction in admiralty exercised, immediately before the operative date, by the existing Cork Circuit Court Judge shall, by virtue of this paragraph, become and be marshal of the Court and shall hold that office upon the terms and conditions upon which, immediately before the operative date, he held such first-mentioned office.

(3) (a) In this subsection, “the Court” means the Cork Local Bankruptcy Court constituted by subsection (3) of section 23 of this Act.

(b) There shall be attached to the Court the following officers—

(i) a registrar,

(ii) an official assignee,

(iii) a messenger,

(iv) such other officers (if any) as the Minister, with the concurrence of the Minister for Finance, shall determine.

(c) The Cork County Registrar shall be the registrar of the Court.

(d) Each officer of the Court (other than the registrar of the Court) shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister, with the sanction of the Minister for Finance, shall determine.

(e) The authorities, powers, duties and functions of the registrar of the Court shall correspond with those conferred or imposed on one of the Examiners or the Examiner (where there is only one Examiner) by subparagraph (2) of paragraph 11 of the Eighth Schedule to this Act.

(f) The authorities, powers, duties and functions of the official assignee of the Court shall correspond with those conferred or imposed by statute or rule of court on the Official Assignee in Bankruptcy.

(g) All such and the like property, estate and effects as would vest in the Official Assignee in Bankruptcy in the case of proceedings instituted in the High Court shall vest in the official assignee of the Court where proceedings are instituted in the Court, and the enactments regulating and affecting the vesting of any of such property, estate and effects in the Official Assignee in Bankruptcy and the divesting thereof shall also regulate and affect the vesting of the same in the official assignee of the Court and the divesting thereof.

(h) The person (if any) who, immediately before the operative date, held the office of or acted as official assignee for the purposes of the jurisdiction in bankruptcy exercised immediately before the operative date by the existing Cork Circuit Court Judge shall, by virtue of this paragraph, become and be official assignee of the Court and shall hold that office upon the terms and conditions upon which, immediately before the operative date, he held such first-mentioned office.

(i) The rights, powers, duties and obligations of the messenger of the Court shall correspond with those conferred or imposed by statute or rule of court on the messenger attached to the Office of the Official Assignee in Bankruptcy.

(4) In section 9 of the Act of 1945, as applied by section 48 of this Act, the references to a court shall be construed as including references to the Cork Local Admiralty Court and the Cork Local Bankruptcy Court.

Right of audience of solicitors in Circuit Court, Cork Local Admiralty Court and Cork Local Bankruptcy Court.

60. —A solicitor who is acting generally for a party in an action, suit, matter or criminal proceedings in the Circuit Court, the Cork Local Admiralty Court or the Cork Local Bankruptcy Court and a solicitor qualified to practise (within the meaning of the Solicitors Act, 1954 ) who is acting as his assistant shall have a right of audience in such Court.

Solicitors and commissioners for oaths.

61. —All persons who, immediately before the operative date, were solicitors of the courts mentioned in column (2) of Part I of the Seventh Schedule to this Act and all persons who, immediately before the operative date, were commissioners to administer oaths shall on the operative date become respectively solicitors of the courts mentioned in column (3) of the said Part I and commissioners to administer oaths.