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39 1961

COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961

THIRD SCHEDULE

Civil Proceedings In Respect Of Which The Jurisdiction Of The High Court Is, With Quantitative Limitations, Conferred On The Circuit Court, And Judges Of The Circuit Court By Whom The Jurisdiction Is To Be Exercised

Section 22 (1) .

Ref.No

Civil proceedings in respect of which jurisdiction is conferred on the Circuit Court

Exclusion of jurisdiction (except by consent of necessary parties) in certain cases

Judge of Circuit Court by whom jurisdiction is to be exercised

(1)

(2)

(3)

(4)

1.

An action (other than an action of the kind specified in column (2) of this Schedule at reference number 3, 4 or 5) founded on contract or quasi-contract.

Where the amount of the claim exceeds £600.

At the election of the plaintiff (whether the claim be to enforce, rescind, dissolve or annul the contract or for damages or other relief for the breach thereof)—

(a) the judge of the circuit within which the contract was made, or

(b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.

2.

An action (other than an action of the kind specified in column (2) of this Schedule at reference number 3, 4 or 5) founded on contract where the debt or demand claimed consists of a balance after a set-off of any debt or demand claimed or recoverable by the defendant from the plaintiff, being a set-off admitted by the plaintiff in the particulars of his claim or demand.

Where the amount of the balance claimed exceeds £600.

3.

An action by the owner of goods let under a hire-purchase agreement (within the meaning of the Hire -Purchase Acts, 1946 and 1960) to enforce a right to recover possession of the goods from the hirer.

Where the hire-purchase price (within the meaning of the said Acts) exceeds £l,000.

Where the amount of the claim exceeds £1,000.

In case the defendant or one of the defendants ordinarily resides or carries on business in the State—the judge of the circuit where the defendant or one of the defendants resides or carries on business.

In any other case—the judge of the circuit within which the hire-purchase agreement was made.

4.

An action by the owner of goods let under a hire-purchase agreement (within the meaning of the Hire - Purchase Acts, 1946 and 1960) to enforce payment of a sum due under the hire-purchase agreement or under any contract of guarantee relating thereto.

5.

An action commenced after the commencement of the Act founded on a credit-sale agree ment (within the meaning of the Hire-Purchase Acts, 1946 and 1960).

Where the amount of the claim exceeds £1,000.

In case the defendant or one of the defendants ordinarily resides or carries on business in the State—the judge of the circuit where the defendant or one of the defendants resides or carries on business.

In any other case—the judge of the circuit within which the credit-sale agreement was made.

6.

An action (other than an action for wrongful detention or matrimonial proceedings) founded on tort (other than criminal conversation with a man's wife).

Where the amount of the claim exceeds £600.

At the election of the plaintiff—

(a) the judge of the circuit where the tort is alleged to have been committed, or

(b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.

7.

An action for wrongful detention.

Where the value of the goods claimed exceeds £600.

8.

An action in which the title to land comes into question, other than an action of ejectment.

Where the rateable valuation of the land exceeds £60.

The judge of the circuit where the land or any part of the land is situate.

9.

An action of ejectment other than—

(a) an action under section 82 of the Civil Bill Courts (Ireland) Act, 1851, or under section 78 of 80 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 (hereinafter in this Schedule referred to as the Act of 1860), or

(b) an action of the kind specified in column (2) of this Schedule at reference number 10.

10.

An action of ejectment for a year's rent in arrear maintainable in the High Court under section 52 of the Act of 1860.

Where the rateable valuation of the land exceeds £60.

The judge of the circuit where the land in respect of which the rent in arrear is payable or any part of that land is situate.

11.

An action for rent in arrear maintainable in the High Court under section 45 of the Act of 1860.

Where the rent in arrear exceeds £600.

12.

An action for use and occupation of land maintainable in the High Court under section 46 of the Act of 1860.

Where the amount claimed exceeds£600.

The judge of the circuit where the land or any part of the land is situate.

13.

An action for double rent for overhold-ing land maintainable in the High Court under section 76 of the Act of 1860.

14.

An action to recover double the value of goods fraudulently carried off or concealed or clandestinely removed to prevent distress for arrears of rent and maintainable in the High Court under section 3 of the pre-Union Irish statute 15 Geo. 2. c. 8 (Ir.) (1741) entitled “An Act for the more effectual securing the payment of rents, and preventing frauds by tenants”.

Where the value of the goods removed exceeds £300.

The judge of the circuit where the defendant or one of the defendants resides or carries on business.

15.

An application under—(a) section 34 or 52 of the Registration of Title Act, 1891, or (b) section 13 of the Registration of Title Act, 1942 (No. 26 of 1942).

Where the rateable valuation of the land exceeds £60.

The judge of the Circuit where the land or any part of the land is situate.

16.

An action in respect of the grant or revocation of the grant of probate of the will or letters of administration of the estate of a deceased person in case there is any contention in relation thereto.

Where the estate of the deceased person—

(a) in so far as it consists of personalty, exceeded at the time of his death in amount or value £2,000, exclusive of what he may have been entitled to as a trustee and not beneficially, but without deducting anything on account of debts due and owing from the deceased, or

(b) in so far as it consisted of land of which he was at the time of his death beneficially seised or possessed, exceeded the rateable valuation of £60.

17.

Proceedings for the administration of the estate of a deceased person.

The judge of the circuit where the testator or intestate had at the time of his death a fixed place of abode.

18.

Proceedings for the dissolution of a partnership or the taking of partnership or other accounts.

Where the property of the partnership—

(a) in so far as it consists of personalty, exceeds in amount or value £2,000, or

(b) in so far as it consists of land, exceeds the rateable valuation of £60.

At the election of the plaintiff—

(a) the judge of the circuit where the partnership business was or is carried on, or

(b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.

19.

Proceedings for any of the following purposes—

(a) the redemption of mortgages on land,

(b) the raising of portions or other charges on land,

(c) the sale and distribution of the proceeds of any land subject to any mortgage, lien or charge.

Where the rateable valuation of the land exceeds £60.

The judge of the circuit where the land or any part of the land is situate.

20.

Proceedings for the execution of trusts, charitable or private.

Where—

(a) the trust estate or fund, in so far as it consists of personalty, exceeds in amount or value £2,000, or

(b) the trust estate, in so far as it consists of land, exceeds the rateable valuation of £60.

The judge of the circuit where the defendant or one of the defendants resides or carries on business.

21.

Proceedings for the rectification or setting aside or cancellation of deeds or other written instruments.

Where the subject matter—

(a) in so far as it consists of personalty, exceeds in amount or value £2,000, or

(b) in so far as it consists of land, exceeds the rateable valuation of £60.

Where the subject matter consists entirely of personalty, the judge of the circuit where the defendant or one of the defendants resides or carries on business.

Where the subject matter consists in whole or in part of land, at the option of the plaintiff—

(a) the judge of the circuit where the defendant or one of the defendants resides or carries on business, or

(b) the judge of the circuit where the land or any part of the land is situate.

22.

Proeedings for specific performance of contrats.

23.

Proceedings for the partition or sale of land.

Where the rateable valuation of the land exceeds £60.

The judge of the circuit where the land or any part of the land is situate.

24.

Proceedings for the wardship of infants and the care of infants' estates.

Where the property—

(a) in so far as it consists of personalty, exceeds in amount or value £2,000, or

(b) in so far as it consists of land, exceeds the rateable valuation of £60.

The judge of the circuit where the infant or one of the infants resides.

25.

Proceedings under the Settled Land Acts, 1882 to 1890.

Where the property—

(a) in so far as it consists of capital money arising under the said Acts, exceeds in amount or value £2,000, or

(b) in so far as it consists of land, exceeds the rateable valuation of £60.

The judge of the circuit where the land or the land (represented by the capital money) or any part of the land is situate.

26.

Proceedings under the Trustee Acts, namely, the Trustee Act, 1893, the Trustee Act, 1893, Amendment Act, 1894, and the Trustee Act, 1931 (No. 20 of 1931).

Where the trust property—

(a) in so far as it consists of personalty, exceeds in amount or value £2,000, or

(b) in so far as it consists of land, exceeds the rateable valuation of £60.

The judge of the circuit where the applicant or one of the applicants resides.

27.

An action (in relation to property) claiming an injunction, otherwise than as ancillary to other relief.

Where the property—

(a) in so far as it consists of personalty, exceeds in amount or value £2,000, or

(b) in so far as it consists of land, exceeds the rateable valuation of £60.

Where the property consists only of personalty, the judge of the circuit where the defendant or one of the defendants resides or carries on business. Where the property consists of land, at the option of the plaintiff—

(a) the judge of the circuit where the defendant or one of the defendants resides or carries on business, or

(b) the judge of the circuit where the land or any part of the land is situate.

28.

Proceedings in relation to property not hereinbefore specified in this Schedule and which immediately before the commencement of Part I of the Courts of Justice Act, 1924 (No. 10 of 1924), were assigned to the Chancery Division of the former High Court of Justice in Southern Ireland, other than proceedings in relation to companies.

Where the property—

(a) in so far as it consists of personalty, exceeds in amount or value £2,000, or

(b) in so far as it consists of land, exceeds the rateable valuation of £60.

Where the proceedings are in a cause, the judge of the circuit where the defendant or one of the defendants resides or carries on business.

Where the proceedings are in a matter and any land is involved, at the option of the applicant—

(a) the judge of the circuit where the applicant resides or carries on business, or

(b) the judge of the circuit where the land or any part of the land is situate.

Where the proceedings are in a matter, and no land is involved, the judge of the circuit where the applicant resides or carries on business.

29.

Proceedings (other than proceedings under the Gárda Síochána (Compensation) Acts, 1941 and 1945) by any person, including a State authority, to recover any sum (including a sum recoverable by way of debt, penalty, forfeiture or otherwise, but excluding a fine to which a person is liable on conviction of a criminal offence) recoverable by virtue of any enactment, other than an enactment set out in the Fourth Schedule to this Act.

Where the amount due or recoverable exceeds £600.

The judge of the circuit where the defendant or one of the defendants resides or carries on business.