Number  10 of 1924. 
THE COURTS OF JUSTICE ACT, 1924. 
ARRANGEMENT OF SECTIONS 
Preliminary
 
Section 
1. Short Title. 
2. Commencement of Act. 
3. Interpretation of terms. 
Part I 
THE HIGH COURT AND THE SUPREME COURT 
4. Constitution of High Court. 
5. Constitution of Supreme Court. 
6. Ex-ocio judges. 
7. Sitting of High Court judges in Supreme Court. 
8. Court of Criminal Appeal. 
9. Precedence between judges. 
10. Mode of address. 
11. Vacancy in oce of judge. 
12. Age of retirement. 
13. Remuneration. 
14. Pension. 
15. Charge of remuneration and pension on Central Fund. 16. Qualication for appointment. 
17. Jurisdiction of High Court. 
18. Jurisdiction of Supreme Court. 
19. Jurisdictions transferred to Chief Justice. 
20. Reference Committee under Finance (1909-10) Act, 1910. 
21. Transfer of pending business. 
22. Jurisdiction to be exercised pursuant to rules of court. 
23. Rota of judges for election petitions. 
24. Judges to have jurisdiction to hear all cases, but no judge to hear appeal 
from order made by himself. 
25. Remittal or transfer of actions. 
26. Appeal in remitting applications. 
27. Grand Jury not to be summoned for consideration of indictments. 
28. Court of Criminal Appeal to sit in Dublin; one member alone to pronounce 
judgment. 
29. Decision of Court of Criminal Appeal nal save on certicate of Attorney-
General. 
30. Court of Criminal Appeal a superior court of record. 
31. Appeal from Central Criminal Court and Court of High Court Circuit. 
32. Leave to appeal in certain cases. 
33. Hearing of appeal. 
34. Jurisdiction to arm or reverse conviction. 
35. Appellant guilty but insane. 
36. Rules of Court. 
Part II. 
THE CIRCUIT COURT. 
37. Constitution of Circuit Court. 
38. Mode of Address and precedence of judges. 
39. Tenure of oce. 
40. Age of retirement. 
41. Salaries and pensions. 42. Charge of salaries and pensions on Central Fund. 
43. Qualication for appointment. 
44. Circuits comprising Irish-speaking districts. 
45. Vacancy in oce of judge; illness and deputy. 
46. Power to appoint temporary assistant judges. 
47. Circuit Court a court of record. 
48. Jurisdiction in civil cases. 
49. Jurisdiction in criminal cases. 
50. Jurisdiction in applications for new licences. 
51. Jurisdiction transferred and application of Sections 21 & 22 mutatis 
mutandis 
52. Exercise of jurisdiction by judges severally in civil cases. 
53. Exercise of jurisdiction by judges severally in criminal cases. 
54. Cases to be sent forward to Court of High Court Circuit or Central Criminal 
Court. 
55. Exercise of jurisdiction in licensing cases. 
56. Exclusions from jurisdiction. 
57. Ancillary powers. 
58. Powers of procuring attendance of witnesses. 
59. Registering circuit action as lis pendens  and judgment exceeding £20 over 
costs. 
60. Service of documents and enforcement of judgments. 
61. Appeal in civil cases. 
62. Appeal on report of ocial stenographer and power to admit fresh 
evidence. 
63. Appeal in all cases tried on indictment. 
64. Section 27 to apply to indictments in Circuit Court. 
65. Rule making authority for Circuit Court. 
66. Rules of Circuit Court. 
Part III 
THE DISTRICT COURT 67. Constitution of District Court. 
68. Justices of District Court to be appointed. 
69. Qualication for appointment. 
70. Vacancy in oce: illness and deputy. 
71. Court Districts comprising Irish-speaking areas. 
72. Age of retirement. 
73. Justices not removable from oce save as mentioned in section. 
74. Remuneration. 
75. Pensions. 
76. Temporary Assistant Justices. 
77. Jurisdiction of the District Court. 
78. Jurisdiction transferred to the District Court. 
79. Exercise by the Justices severally of jurisdictions. 
80. “The Children's Court.” 
81. Orders under Debtor's Act (Ireland) 1872, Section 6. 
82. Execution of decrees. 
83. Case stated for High Court on question of law. 
84. Appeal in civil cases. 
85. Appeal in criminal cases. 
86. Case stated or appeal to be in form, etc., prescribed by rules. 
87. Appeal in licensing cases. 
88. Appointment of Peace Commissioners. 
89. No further appointments under District Justices (Temporary Provisions) Act, 
1923. 
90. Rule-making authority. 
91. Rules for carrying this Part of this Act into eect. 
92. Sanction of rules. 
Part IV 
MISCELLANEOUS AND TRANSITORY PROVISIONS 93. Existing solicitors and commissioners for administering oaths. 
94. Right to jury in civil cases, and costs in such cases. 
95. Verdict of nine members of jury in civil cases. 
96. Form of appeals in jury cases. 
97. Report of stenographer to be certied. 
98. Courts in Dublin Castle deemed to be situated in City and County of Dublin. 
99. Declaration to be taken by judges and justices on appointment. 
100. Age of retirement for existing judges appointed under this Act. 
101. Rules not to come into operation until approved by Oireachtas. 
102. Provisions as to existing ocers. 
103. Appeals pending to Judge of Assize shall be heard by Judges of High Court. 
104. Trial of persons awaiting trial at commencement of Act. 
SCHEDULE 
Acts Referred to 
Dáil Eireann Courts (Winding-Up) Act, 1923 No. 36 of 1923 
Adaptation of Enactments Act, 1922 No. 2 of 1922 
District Justices (Temporary Provisions) Act, 1923 No. 6 of 1923 
Number  10 of 1924. 
THE COURTS OF JUSTICE ACT, 1924. 
AN ACT FOR THE ESTABLISHMENT OF COURTS OF JUSTICE PURSUANT TO THE CONSTITUTION 
OF SAORSTAT EIREANN AND FOR PURPOSES RELATING TO THE BETTER ADMINISTRATION
 
OF JUSTICE. [12 th April , 1924.] 
WHEREAS it is necessary for the exercise of the judicial power of Saorstát Eireann and the 
administration of justice therein to establish public courts in accordance with the provisions in
 
that behalf contained in the Constitution: 
BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:— 
Preliminary. Short Title, 1.—This Act may be cited for all purposes as “The Courts of Justice Act, 1924.” 
Commencement 
of Act. 
Interpretation of 
terms.
 
Constitution of High Court.
 
Constitution of Supreme Court.
 2.—This Act shall come into operation on such day or days as may be xed therefor by any 
Order or Orders of the Executive Council and dierent days may be xed for the 
commencement of the Act for dierent purposes provided that no such day be later than ve months after the passing of this Act. 
3.—In the construction of this Act, unless there is anything in the subject or context
  
repugnant, the several words and expressions hereinafter mentioned shall have or include the meanings following, that is to say:— 
“Central Criminal Court” (“Príomh-Chúirt Choiriúil”) shall mean the judge of the High Court, 
to whom is assigned the duty of acting as such Court for the time being:
 
“Commissioners of the High Court Circuit” shall mean such judges or other persons as 
have been heretofore named in Commissions of Assize, to whom there may be assigned the
 
exercise of any civil or criminal jurisdiction capable of being exercised by the High Court; 
“Court of the High Court Circuit” shall mean the Court of any such Commissioner of the 
High Court Circuit;
 
“District Court,” “Circuit Court,” “High Court” and “Supreme Court” shall mean the Courts of 
Justice of Saorstát Eireann so named in this Act;
 
“In lunacy” shall mean in relation to the custody of the persons and estates of idiots, 
lunatics, and persons of unsound mind;
 
“In minor matters” shall mean in relation to the wardship of infants, and the care of 
infants' estates;
 
“Land” shall include all incorporeal as well as corporeal tenements and hereditaments. 
Part I. 
THE HIGH COURT AND THE SUPREME COURT. 
4.—A High Court of Justice (An Ard-Chúirt Bhreithiúnais) shall be constituted under this Act,  
consisting of not more than six judges (namely, a President and ve ordinary judges), who shall be styled in their respective appointments “President” (“Uachtarán”) or “Judge” (“Breitheamh”) as the case may be “of the High Court of Justice of Saorstát Eireann.” 
5.—A Supreme Court of Justice (Cúirt Bhreithiúnais Uachtarach) shall be constituted under
  
this Act to be the Supreme Court of the Irish Free State (An Chúirt Uachtarach) referred to in the Constitution and shall consist of three judges of whom the president (who is hereinafter called “the Chief Justice”) shall be styled in his appointment “Chief Justice of the Irish Free State” or “Prímh-Bhreitheamh Shaorstát Eireann,” and each of the other judges “Judge (Breitheamh) of the Supreme Court of Justice of Saorstát Eireann.” Ex-ocio 
judges. 
Sitting of High Court judges in Supreme Court. 
Court of 
Criminal Appeal.
 
Precedence between judges.
 
Mode of address.
 
Vacancy in oce of judge.
 
Age of retirement.
 6.—The President of the High Court shall be ex-ocio  an additional judge of the Supreme 
Court, and the Chief Justice shall be ex-ocio  an additional judge of the High Court. 
7.—Whenever owing to the illness of a judge of the Supreme Court or for any other  
unavoidable cause the number of judges of the Supreme Court requisite for the transaction of 
the business of that Court is not available, the Chief Justice may request any ordinary judge or judges of the High Court to sit on the hearing of any appeal in the Supreme Court, and any judge so requested shall sit on the hearing of such appeal and be an additional judge of the Supreme Court for such appeal. 
8.—The Chief Justice may, from time to time, request any two ordinary judges of the High
  
Court to sit with himself, or with a judge of the Supreme Court, as a Court of Criminal Appeal, and the judges, so requested, or one of the same and the President of the High Court, if so requested and consenting, shall sit and with the Chief Justice or Judge of the Supreme Court shall constitute the Court of Criminal Appeal of Saorstát Eireann for the occasion in question: Provided that any other available judge or judges of the High Court or Supreme Court may at the request of the Chief Justice, attend as members of the Court of Criminal Appeal for the occasion in question. 
9.—The precedence between the judges shall be as follows:—The Chief Justice shall rank
  
rst, and next after him the President of the High Court; then shall rank the judges of the Supreme Court, according to priority of appointment, and next the ordinary judges of the High
 
Court according to priority of appointment. 
10.—The judges of the High Court and the Supreme Court shall be addressed in the manner  
to be determined by the rules to be made under this Part of this Act, and shall have in all respects, save as in this Act is otherwise expressly provided, equal power, authority, and jurisdiction one with another. 
11.—The oce of any judge of the High Court or of the Supreme Court may be vacated by
  
resignation in writing under his hand, and that of any judge of the High Court shall be vacated on his being appointed a judge of the Supreme Court, and thereupon or whenever the oce of any judge of the High Court or of the Supreme Court shall become vacant a new judge may be appointed in his place. The said courts shall be deemed to be duly constituted during and notwithstanding any such vacancy, and any duties specially assigned to any judge who shall be incapacitated by illness, or shall be unable to sit, or whose oce shall become vacant, shall be performed during such illness, inability or vacancy by such other judge of the said Courts as shall be available. 
12.—The age of retirement of all judges of the High Court and the Supreme Court shall be
  
72 years.  Remuneration. 13.—The remuneration of the judges of the High Court and of the Supreme Court shall be as 
follows:— 
The President of the High Court shall receive £3,000 per annum, and each ordinary judge 
thereof £2,500 per annum, and the Chief Justice shall receive £4,000 per annum, and each judge of the Supreme Court £3,000 per annum. 
Pension. 14.—There shall be granted to each judge of the High Court and the Supreme Court who 
retires after 15 years' service or upwards in the said courts or either of them, a pension to be continued during his life of two-thirds of his salary at the time he ceases to act as judge. There shall be granted to each judge of the High Court and the Supreme Court who vacates his oce owing to age or permanent inrmity after having completed ve or more years' service and less than fteen years' service a pension calculated at the rate of one-sixth of his salary at the time he vacates his oce, with the addition of one-twentieth of his said salary for every completed year of service in excess of ve such years, such pension to be continued during his life. 
Charge of 15.—The remuneration and pension payable to every judge of the High Court and of the 
remuneration Supreme Court under this Act shall be charged upon and be payable out of the Central Fund 
and pension on of Saorstát Eireann or the growing produce thereof. Such remuneration and pension shall 
Central Fund. grow due from day to day, but shall be payable to the persons entitled thereto or to their executors or administrators on the usual quarterly days of payment or at such other periods in every year as the Minister for Finance may from time to time determine. 
Qualication for 16.—No person shall be appointed a judge of the High Court or of the Supreme Court who is 
appointment. not at the date of his appointment a practising barrister of twelve years' standing at least or has not been a judge of the Supreme Court of Judicature in Ireland or a Recorder or County 
Court Judge in Ireland or a Judge of the Dáil Supreme Court as dened in the Dáil Eireann 
Courts (Winding-Up) Act, 1923 (No. 36 of 1923), or a Judicial Commissioner appointed under 
that Act, but service as a judge of the Circuit Court of Justice in Saorstát Eireann shall be 
deemed practice at the Bar for the purpose of this provision and shall be reckoned as service within the meaning of section 14 hereof in the case of a Circuit Judge who shall be appointed a judge of the High Court or of the Supreme Court. 
Jurisdiction of 17.—The High Court shall be a superior court of record with such original jurisdiction as is 
High Court. prescribed by the Constitution, and, subject as in this Act is provided, there shall be transferred to the High Court the jurisdiction which at the commencement of this Act was vested in or capable of being exercised by the existing High Court of the Supreme Court of Judicature in Ireland or any division or judge thereof.  
 Jurisdiction of 
Supreme Court. 
Jurisdictions transferred to Chief Justice. 
Reference 
Committee
 
under Finance (1909-10) Act, 1910. 18.—The Supreme Court shall be a superior court of record with such appellate jurisdiction 
as is prescribed by the Constitution, and, subject as in this Act is provided, there shall be 
transferred to the Supreme Court the jurisdiction which at the commencement of this Act was vested in or capable of being exercised by the existing Court of Appeal of the Supreme Court of Judicature in Ireland or any judges or judge thereof. 
19.—(1) There shall be transferred to the Chief Justice and exercisable by him all such
  
jurisdiction in lunacy and minor matters as was lately exercised by the Lord Chancellor of Ireland and is at the passing of this Act exercised by the Lord Chief Justice of Ireland. An appeal shall lie to the Supreme Court from the exercise by the Chief Justice of the jurisdiction transferred by this section. 
(2) There shall be transferred to the Chief Justice and exercisable by him all such jurisdiction 
in relation to solicitors as was lately exercised by the Lord Chancellor of Ireland and is at the
 
passing of this Act exercised by the Lord Chief Justice of Ireland. 
(3) There shall be transferred to the Chief Justice and vested in him the appointment of 
notaries public and of commissioners to administer oaths.
 
20.—From and after the commencement of this Act the Reference Committee for Saorstát  
Eireann mentioned in sub-section (5) of Section 33 of the Finance (1909-10) Act, 1910 , as 
adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922) shall consist of the Chief 
Justice, the President of the High Court, and the Chairman of the Surveyors' Institution (Irish 
Branch), in lieu of the persons named in the said sub-section. Transfer of 
pending business. 
Jurisdiction to be exercised pursuant to rules of court. 21.—From and after the commencement of this Act the several jurisdictions which by this 
Act are transferred to the High Court, and the Supreme Court, and the Chief Justice, shall 
cease to be exercised except by the High Court and the Supreme Court and the Chief Justice respectively: Provided that in all proceedings which shall have been fully heard but in which judgment shall not have been given, or having been given shall not have been perfected at the time appointed for the commencement of this Act, such judgment may be given and perfected respectively after the commencement of this Act, in the name of the same court and of the same judges and ocers and generally in the same manner as if this Act had not passed; and such judgment shall take eect as if it had been duly perfected before the commencement of this Act, and every order of any court or judge whose jurisdiction is hereby transferred to the High Court or to the Supreme Court or to the Chief Justice (which order shall have been duly perfected at any time before the commencement of this Act) may be executed and enforced, and, if necessary, amended or discharged by the High Court and the Supreme Court and the Chief Justice respectively, in the same manner as if it had been an order of the High Court or of the Supreme Court or of the Chief Justice and all proceedings whether civil or criminal which shall be pending in the courts, whose jurisdiction is so transferred as aforesaid, at the commencement of this Act shall (save as otherwise expressly provided by this Act) be continued as follows, that is to say, in case of proceedings on appeal pending in the existing Court of Appeal, the same shall be continued before the Supreme Court, and in case of all other proceedings (save proceedings in matters hereinbefore transferred to the Chief Justice) the same shall be continued before the High Court, and in case of all proceedings in matters hereinbefore transferred to the Chief Justice the same shall be continued before the Chief Justice. The said courts and the Chief Justice respectively shall have the same jurisdiction in relation to all such proceedings as if such proceedings had been commenced before them respectively and continued before them respectively down to the point at which the transfer takes place, and so far as relates to the manner of procedure such proceedings or any of them may be continued either in the same or the like manner as they would have been continued, in the respective courts from which they shall have been transferred, as aforesaid, or according to the course of the respective courts to which they shall be transferred, so far as the same be applicable thereto. 
22.—The jurisdiction vested in and transferred to the High Court and the Supreme Court
  
and the Chief Justice respectively shall be exercised so far as regards pleading, practice and procedure generally, including liability as to costs, in the manner provided by such rules of court as may be made pursuant to this Part of this Act, and where no provision is contained in any such rules of court and as long as there shall be no rule with reference thereto, it shall be exercised as nearly as possible in the same manner in which it might have been exercised by the respective courts from which such jurisdiction shall have been transferred, by this Act. Rota of judge for 
election petitions. 
Judges to have jurisdiction to hear all cases, but no judge to hear appeal from order made by himself. 
Remittal or 
transfer of
 
actions. 
Appeal in 
remitting
 
applications. 23.—The judges to be placed on the rota for the trial of election petitions in Saorstát Eireann 
in each year under the provisions of the Parliamentary Elections Act, 1868, shall be selected 
out of the judges of the High Court in such manner as may be provided by any rules of court to be made for that purpose, and in the meantime and subject thereto shall be selected out of the judges of the High Court in like manner as they have heretofore been selected out of the judges of the King's Bench Division of the High Court of Justice in Ireland. 
24.—Each judge of the High Court and the Supreme Court(including the Chief Justice) shall
  
have jurisdiction to hear and determine any case whether civil or criminal, in equity, or at common law, or under statute: Provided always that no judge shall sit upon the hearing of an appeal in an action tried before him whether with or without a jury, or upon an appeal from a judgment or order made by him or to which he was a party whether concurring or dissenting. 
25.—When any action shall be pending in the High Court which might have been
  
commenced in the Circuit Court, any party to such action may, at any time before service of notice of trial therein, apply to the High Court that the action be remitted or transferred to the Circuit Court, and thereupon, in case the court shall consider that the action is t to be prosecuted in the High Court, it may retain such action therein, or if it shall not consider the action t to be prosecuted in the High Court it may remit or transfer such action to the Circuit Court or (where the action might have been commenced in the District Court) the District Court, to be prosecuted before the Judge assigned to such Circuit or (as the case may require) the Justice assigned to such District, as may appear to the High Court suitable and convenient, upon such terms, in either case and subject to such conditions, as to costs or otherwise as may appear to be just: 
Provided that the High Court shall have jurisdiction to remit or transfer any action, whatever 
may be the amount of the claim formally made therein, if the court shall be of opinion that the
 
action should not have been commenced in the High Court but in the Circuit Court or in the District Court if at all. 
26.—An appeal shall lie from the High Court to the Supreme Court in all cases from the
  
grant or refusal of any application to remit or transfer any action from the High Court to the Circuit Court, and from the exercise of the discretion of the High Court or any judge thereof in the matter. Grand Jury not 
to be summoned for consideration of indictments. 
Court of Criminal Appeal to sit in Dublin; one member alone to pronounce judgment. 
Decision of 
Court of
 
Criminal Appeal 
nal save on 
certicate of
 
Attorney General. 
Court of 
Criminal Appeal
 
a superior court of record. 
Appeal from 
Central Criminal
 
Court and Court of High Court Circuit. 27.—From and after the commencement of this Act no indictment need be preferred to or 
found by a Grand Jury, and no Grand Jury shall be summoned to the Central Criminal Court or 
to any Court of the High Court Circuit for the consideration of indictments, but every indictment shall be preferred directly to the jury which tries the accused. 
28.—The Court of Criminal Appeal of Saorstát Eireann shall sit in Dublin, except in cases
  
where the Chief Justice gives special directions that it shall sit elsewhere, and the President of the court shall be such member present as shall be entitled to precedence over the other members, and the determination of all questions before the court shall be according to the opinion of the majority of the members present, but unless the court direct to the contrary, the judgment of the court shall be pronounced by the President of the court, or by such other member of the court as the President directs, and no judgment with respect to the determination of any question shall be separately pronounced by any other member of the court. 
29.—The determination by the Court of Criminal Appeal of any appeal or other matter which
  
it has power to determine shall be nal, and no appeal shall lie from that court to the Supreme Court, unless that court or the Attorney-General shall certify that the decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court, in which case an appeal may be brought to the Supreme Court, the decision of which shall be nal and conclusive. 
30.—The Court of Criminal Appeal shall be a superior court of record, and shall, for the
  
purposes and subject to the provisions of this Act, have full power to determine any questions necessary to be determined for the purpose of doing justice in the case before it. 
31.—A person convicted on indictment before the Central Criminal Court or before any
  
court of the High Court Circuit may appeal under this Act to the Court of Criminal Appeal under the following conditions:— 
(i) if the appellant obtains a certicate from the judge who tried him that the case is a t 
case for appeal;
 
(ii) in case of refusal of such certicate if the Court of Criminal Appeal on appeal from 
such refusal grant leave to appeal.
 Leave to appeal 32.—Leave to appeal shall be granted by the Court of Criminal Appeal in cases where the 
in certain cases. court is of opinion that a question of law is involved, or where the trial appears to the court to 
have been unsatisfactory, or there appears to the court to be any other sucient ground of appeal, and the court shall have power to make all consequential orders it may think t, including an order admitting the appellant to bail pending the determination of his appeal. 
Hearing of 33.—The appeal, in case such certicate or leave to appeal is granted, shall be heard and 
appeal. determined by the Court of Criminal Appeal on the report of an ocial stenographer present at the trial of the appellant, with power to the court to hear new or additional evidence, and to refer any matter for report by the judge before whom the case was tried. 
Jurisdiction to 34.—The Court of Criminal Appeal shall have jurisdiction to arm or to reverse the 
arm or conviction in whole or in part, and to remit, or to reduce, or to increase or otherwise vary the 
reverse sentence, and generally to make such order, including any order as to costs as may be 
conviction. necessary for the purpose of doing justice in the case before the court. 
Appellant guilty 35.—If on any appeal pursuant to certicate or leave granted, as aforesaid, it appears to the 
but insane. Court of Criminal Appeal that although the appellant was guilty of the act or omission charged against him, he was insane at the time the act was done or omission made, so as not to be responsible according to law for his actions, the court may quash the sentence passed at the trial and order the appellant to be kept in custody as a criminal lunatic, in the same manner as if the verdict had been found by the jury to that eect. 
Rules of Court. 36.—The Minister for Home Aairs may at any time and from time to time after the passing 
and before or after the commencement of this Act, but with the concurrence of the Minister for Finance in respect of any matter aecting public revenue or expenditure make rules to be styled “Rules of Court” for carrying Part I . of this Act into eect (including the hearing of 
appeals from the Circuit Court and cases stated by the District Court) and may annul or alter
 
the said rules and make new rules. In particular rules may be made for all or any of the following matters:— 
(i) pleading, practice and procedure generally (including the entering-up of judgment 
and the granting of summary judgment in appropriate cases) in all civil cases,
 
including revenue cases and proceedings as to the validity of any law having regard to the provisions of the Constitution and proceedings in the nature of a petition of right; 
(ii) pleading, practice and procedure generally in all criminal cases before the Central 
Criminal Court or any court of the High Court Circuit or the Court of Criminal Appeal;
 
(iii) the sending out of Commissioners of the High Court Circuit at such times, to such 
centres and for such amalgamated districts as shall seem t;
 Constitution of 
Circuit Court. 
Mode of Address and precedence of judges. (iv) the sittings of the Central Criminal Court for Dublin and such neighbouring counties 
as shall be determined by such rules and the cases that shall be disposed of by it,
 
which shall include all cases not disposed of by Commissioners of the High Court 
Circuit, or in which the venue has been changed to the Central Criminal Court at the instance of the Attorney-General or the accused; 
(v) the use of the national language of Saorstát Eireann in the said courts; 
(vi) the mode of address to be adopted to the judges and the robes and ocial dress to 
be worn by the Bench and the Bar;
 
(vii) the commencement and duration of the sittings and the vacations; 
(viii) the xing and collection of fees; 
(ix) the adaptation or modication of any statute that may be requisite for any of the 
purposes of this Act and all subsidiary matters.
 
Such rules of court shall be made or annulled or altered only with the concurrence of a majority of a committee consisting of the judges of the Supreme Court and the High Court, the
 
President of the Incorporated Law Society of Ireland, and two practising barristers, of the senior and junior Bar respectively, to be selected by the Council of the Bar of Ireland. 
Part II. 
THE CIRCUIT COURT. 
37.—A Circuit Court of Justice (An Chúirt Bhreithiúnais Chuarda) shall be constituted under
  
this Act consisting of not more than eight judges, each of whom shall be styled in his appointment “Judge (Breitheamh) of the Circuit Court of Justice in Saorstát Eireann.” Such judges shall discharge within the several groups of counties specied in the Schedule to this Act (which groups are hereinafter termed Circuits) such duties as are by this Act imposed upon judges of the Circuit Court. The Minister for Home Aairs may, with the consent of the Chief Justice, and the judges for the time being of the respective Circuits aected, at any time and from time to time transfer any county or part of a county from one Circuit to another Circuit, or otherwise alter the areas comprised in the several Circuits as he shall think proper, but not so as to alter the total number of Circuits. 
38.—All the judges of the Circuit Court (hereinafter called Circuit Judges) shall be addressed
  
in such manner as may be determined by the rules to be made under this Part of this Act, and shall rank amongst themselves according to priority of appointment. 
Tenure of oce. 39.—The Circuit Judges shall hold oce by the same tenure as the Judges of the High Court 
and the Supreme Court. Age of 
retirement. 
Salaries and pensions. 
Charge of 
salaries and
 
pensions on Central Fund. 
Qualication for 
appointment.
 
Circuits Comprising Irish
 
speaking districts. 
Vacancy in oce 
of judge: illness
 
and deputy. 40.—The age of retirement of Circuit Judges shall be 70 years. 
41.—Every Circuit Judge shall receive a salary of £1,700 per annum. Every Circuit Judge who  
resigns or otherwise for any cause vacates his oce after having completed fteen or more 
years' service shall be entitled for his life to a pension amounting to two-thirds of his salary at the time he resigns or vacates his oce, and every Circuit Judge who vacates his oce owing to age or permanent inrmity, after having completed ve or more years' service and less than 
fteen years' service shall be entitled for his life to a pension calculated at the rate of one-sixth 
of his salary at the time he vacates his oce, with the addition of one-twentieth of his said
 
salary for every completed year of service in excess of ve such years. 
42.—The remuneration and pension payable to every Circuit Judge shall be charged upon  
and payable out of the Central Fund of Saorstát Eireann in like manner in all respects as the remuneration and pension payable to the judges of the High Court and the Supreme Court. 
43.—No person shall be appointed a judge of the Circuit Court who is not at the date of his
  
appointment a practising barrister of ten years' standing at least or has not been a Recorder or a County Court Judge in Ireland, but in the case of a barrister service as a justice of the District Court of Saorstát Eireann shall be deemed practice at the Bar for the purpose of this provision and shall be reckoned as service within the meaning of Section 41 hereof in the case of a justice of the District Court who shall be appointed a judge of the Circuit Court. 
44.—So far as may be practicable having regard to all relevant circumstances, the Circuit
  
Judge assigned to any Circuit which includes a district where the Irish language is in general use shall possess such a knowledge of the Irish language as would enable him to dispense with the assistance of an interpreter when evidence is given in that language. 
45.—The oce of any Circuit Judge may be vacated by writing under his hand, and shall be
  
vacated on his being appointed a Judge of the High Court or of the Supreme Court, and thereupon, or whenever the oce of any Circuit Judge shall become vacant a new Circuit Judge shall be appointed in his place. In case of the illness of any Circuit Judge, a deputy may be appointed to act in his place, on the recommendation of the Attorney-General, at such remuneration as may be sanctioned by the Minister for Finance: Provided however that no one other than a practising barrister of ten years' standing at least shall be qualied for appointment as deputy of a Circuit Judge. Power to 
appoint temporary assistant judges. 
Circuit Court a court of record. 
Jurisdiction in 
civil cases.
 46.—Whenever within three years after the commencement of this Part of this Act the 
accumulation of business so requires there may be appointed such number of temporary 
Assistant Circuit Judges on such terms and conditions as the Minister for Home Aairs with the concurrence of the Minister for Finance may determine: Provided that no person not qualied for appointment as a Circuit Judge shall be appointed a temporary Assistant Circuit Judge: Provided also that no temporary Assistant Circuit Judge appointed under this section shall continue to hold oce after the expiration of three years from the commencement of this Part of this Act. 
47.—The Circuit Court, shall be a court of record.
  
48.—The Circuit Court shall have and exercise the following jurisdiction in civil cases:—  
(i) on consent—jurisdiction without any limit as to amount of claim or value of property 
involved in the proceedings before the court where all necessary parties sign, before
 
the hearing, the form of consent prescribed by the rules to be made under this Part of this Act; such consent may provide that the decision of the Circuit Court shall be 
nal and conclusive, in which case the decision shall not be appealable; 
(ii) in contract and tort (save matrimonial and criminal conversation actions)—jurisdiction 
when the claim does not exceed £300;
 
(iii) in title to land and rectication of the register—jurisdiction when the Poor Law 
Valuation of the property in question does not exceed £60;
 
(iv) in probate matters and actions, and suits for administration of estates—jurisdiction 
when the value of the personalty does not exceed £1,000 and the Poor Law
 
Valuation of the land does not exceed £60; 
(v) in equity cases (including winding-up of companies)—jurisdiction within the same 
limits as in the preceding paragraph (iv) and in winding-up cases where the issued
 
capital of the company does not exceed £10,000; 
(vi) in bankruptcy—in Local Bankruptcy Courts which may be established under the Local 
Bankruptcy (Ireland) Act, 1888, for which purpose that Act shall be construed and take 
eect as if the expressions “Executive Council,” “Order of the Executive Council,” “Minister for Finance,” and “Chief Justice” were respectively substituted for the expressions “Lord Lieutenant,” “Order in Council,” “Treasury” and “Lord Chancellor” wherever those expressions respectively occur in the said Act, and the words “in any circuit” were substituted for the words “in Londonderry, Galway, Waterford, and 
Limerick, respectively, or in any of those places” where those words occur in section 5 of the said Act;  
 
  Jurisdiction in 
criminal cases. 
Jurisdiction in 
applications for
 
new licences. 
Jurisdiction 
transferred and
 
application of 
Sections 21 & 22 
mutatis 
mutandis . 
Exercise of 
jurisdiction by
 
judges severally in civil cases. (vii) in proceedings at the suit of the State or any Minister or Government Department or 
any ocer thereof to recover any sum not exceeding £300 due to or recoverable by
 
or on behalf of the State, whether by way of penalty, debt, or otherwise, and 
notwithstanding any enactment now in force requiring such sum to be sued for in any other court: 
Provided that any party to an action commenced in the Circuit Court and pending therein 
may at any time apply to the Circuit Judge that the action may be sent forward to the High
 
Court, and thereupon in case the action is one t to be prosecuted in the High Court and the High Court appears to be the more appropriate tribunal in the circumstances, the Circuit Judge may send forward such action to the High Court upon such terms and subject to such conditions as to costs or otherwise as may appear to be just, and an appeal shall lie from the exercise of the discretion of the Circuit Judge in granting or refusing any such application: 
Provided also that a Circuit Judge may on the application of any party or without any such 
application, if he thinks t, change the venue for the trial of any action pending before him
 
from any one place of hearing to any other within his circuit and an appeal shall lie under 
Section 61 of this Act from the exercise of the discretion of the Circuit Judge in making or 
refusing to make such an order.
 
49.—The Circuit Court shall have the following jurisdiction in criminal cases, that is to say:—  
jurisdiction in all felonies and misdemeanours save in the case of persons charged with 
murder, attempt to murder, or conspiracy to murder, high treason, treason felony, or treasonable conspiracy, or piracy, including accessories before or after the fact. 
50.—The Circuit Court shall have jurisdiction in all cases of application for a new licence
  
entitling the applicant to sell intoxicating liquor for consumption on the premises. 
51.—There shall be transferred to the Circuit Court all jurisdiction not hereinbefore  
expressly excepted which, at the commencement of this Act, was vested in or capable of being exercised by Recorders, County Court Judges, and Chairmen and Courts of Quarter Sessions, or any of the same in Saorstát Eireann (save such jurisdiction of Justices at or of Courts of Quarter Sessions as is hereinafter conferred on or transferred to the District Court) and the provisions of Sections 21 and 22 of this Act shall apply 
mutatis mutandis  to the jurisdiction 
vested in and transferred to the Circuit Court by this Act. 
52.—Provided that the jurisdiction hereinbefore vested in and transferred to the Circuit  
Court in civil cases shall be exercised by the Circuit Judges severally as follows:— Exercise of 
jurisdiction by judges severally in criminal cases. 
Cases to be sent forward to Court of High Court Circuit or Central Criminal Court. 
Exercise of 
jurisdiction in
 
licensing cases. 
Exclusions from 
jurisdiction.
 (i) in actions relating to title to land and rectication of the register, by the judge for the 
time being assigned to the Circuit where the lands in question are situate, or where
 
are situate, the lands out of or in respect of which any incorporeal hereditaments in 
dispute issue or arise, or where the larger portion of any such lands may be situate; 
(ii) in equity cases, by the judge for the time being assigned to the Circuit where matters 
of such kind have been heretofore heard by the courts superseded by the Circuit
 
Court; 
(iii) in probate matters and actions, and suits for administration of estates of deceased 
persons, by the judge for the time being assigned to the Circuit where the testator or
 
intestate at the time of his death had a xed place of abode; 
(iv) in lunacy, by the judge for the time being assigned to the Circuit where the lunatic or 
alleged lunatic ordinarily resides;
 
(v) if the plainti so elects, in any action founded on contract, whether the claim be to 
enforce, rescind, dissolve or annul the contract, or for damages or other relief for the
 
breach thereof, by the judge for the time being assigned to the Circuit within which the contract was made; 
(vi) in all other cases, by the judge for the time being assigned to the Circuit where the 
defendant or one of the defendants ordinarily resides or carries on any profession,
 
business or occupation. 
53.—Provided that the jurisdiction hereinbefore vested in and transferred to the Circuit  
Court in criminal cases shall be exercised by the Circuit Judges severally as follows:—the Circuit Judge having jurisdiction shall be the judge for the time being assigned to the Circuit in which the crime has been committed or in which the accused person has been arrested or ordinarily resides, and no accused person shall be tried on any criminal charge without a jury. 
54.—Provided that the Attorney-General or the accused person shall be entitled on
  
application to have any case, the maximum penalty in which exceeds one year's imprisonment or ve years' penal servitude, sent forward to a court of the High Court Circuit or to the Central Criminal Court. 
55.—Provided that the jurisdiction hereinbefore vested in and transferred to the Circuit
  
Court in relation to the granting of new licences shall be exercised by the judge for the time being assigned to the Circuit where the premises are situate. 
56.—The following matters shall be excluded from the jurisdiction of the Circuit Court:—
  Habeas Corpus, Certiorari, Quo Warranto, Prohibition, Information and Mandamus. 
Ancillary 57.—The Circuit Judges shall have powers of attachment, injunction, garnishee, interpleader, 
powers. and all powers (including the power to appoint a receiver) ancillary to any jurisdiction vested in 
transferred to or exercisable by them. They shall have power also to adjourn the hearing of any action or proceedings pending before them respectively, to any other court within their respective Circuits, and to make out of court any orders of course which they may deem to be urgent, 
Powers of 58.—A Circuit Judge shall have the same powers for procuring the attendance of witnesses 
procuring in the Circuit Courts as a judge of the High Court of Justice in Ireland formerly exercised for 
attendance of procuring the attendance of witnesses in the High Court. 
witnesses. 
Registering 59.—Any action in the Circuit Court may be registered as a lis pendens  where similar action 
circuit action as in the High Court could at present be so registered and the judgment in any action for any 
lis pendens  and sum exceeding £20 over and above costs may be registered in the Central Oce of the High 
judgment Court in like manner as actions and judgments of the High Court. 
exceeding £20 
over costs. 
Service of 60.—The rules to be made under this Part of this Act shall provide for the service of all 
documents and originating or other documents or notices both inside and outside the circuit of the judge 
enforcement of before whom the matter is intended to be brought or is pending. Any judgment or order of the 
judgments. Circuit Court may be enforced in any part of Saorstát Eireann in any of the modes in which a 
like judgment or order of the High Court might be enforced. 
Appeal in civil 61.—Save as in this Act is otherwise expressly provided, an appeal shall lie from any 
cases. judgment or order of the Circuit Court in civil cases to two judges of the High Court sitting in Dublin. If such two judges agree in their opinion, their decision, shall be nal unless they certify that their decision involves a question of law or fact of such importance as to be t to be the subject of an appeal to the Supreme Court, in which case an appeal shall lie at the instance of any party from the decision of such two judges to the Supreme Court. If such two judges dier in their opinion, they shall arm with costs the judgment or order appealed against, and an appeal shall lie at the instance of any party from such armance to the Supreme Court. The appeal under this section shall be on law and fact or upon either, save that where the appeal from the exercise by the County Court of any particular statutory jurisdiction transferred by this Act to the Circuit Court is expressly or by implication limited by statute to an appeal on questions of law, the appeal from the exercise of that jurisdiction by the Circuit Court shall be similarly limited.  Appeal on 
report of ocial stenographer and power to admit fresh evidence. 
Appeal in all 
cases tried on
 
indictment. 
Section 27 to 
apply to
 
indictments in 
Circuit Court. 
Rule making authority for
 
Circuit Court. 
Rules of Circuit Court.
 62.—Such appeal shall be grounded on the report of an ocial stenographer, but the court 
which hears such appeal may if it think t admit fresh evidence, either oral or on adavit, and 
may refer any matter arising on the report of the ocial stenographer to the Circuit Judge for his observations thereon and may either order a new trial or enter such judgment, in the case, as to the Court shall seem t. 
63.—An appeal shall lie from the Circuit Court in all cases tried on indictment to the Court of
  
Criminal Appeal under like conditions and in like manner and with like incidents and subject to like provisions as are hereinbefore enacted with respect to an appeal from the Central Criminal Court or any Court of the High Court Circuit to the Court of Criminal Appeal. 
64.—Section 27 of this Act shall apply to indictments in the Circuit Court.
  
65.—The rule-making authority for the Circuit Court shall be the Minister for Home Aairs  
with the concurrence of the Minister for Finance in respect of any matter aecting public revenue or expenditure and with the concurrence of a majority of a committee consisting of 
(
a) ve Circuit Judges selected by the Bench of Circuit Judges; ( b) two practising barristers 
selected by the Council of the Bar of Ireland, and ( c) two solicitors selected by the Council of 
the Incorporated Law Society of Ireland, of whom one shall be a solicitor having his oce and 
carrying on the practice of his profession outside the City and County of Dublin: Provided that at least two members of the committee shall be certied by the Minister for Home Aairs as possessing an adequate knowledge of the Irish language· Each member of the said committee shall hold oce for ve years and be eligible for re-election and casual vacancies shall be lled in accordance with the foregoing principle of selection. The Chairman of the committee shall be such one of the ve Circuit Judges as the members of the committee shall elect. 
66.—The rule-making authority for the Circuit Court may at any time and from time to time
  
after the passing and before or after the commencement of this Act make rules to be styled “Rules of the Circuit Court” for carrying into eect this Part of this Act (except the hearing of appeals from the Circuit Court but including the hearing of appeals from the District Court) and may annul or alter such rules and make new rules. In particular rules may be made for all or any of the following matters:—  
 Constitution of 
District Court. 
Justices of District Court to be appointed. 
Qualication for 
appointment.
 
Vacancy in 
oce: illness and deputy. 
Court Districts comprising Irish-speaking areas. For regulating the sessions, vacations and circuits of the Circuit Judges and the practice, 
pleading and procedure generally (including liability of parties as to costs and also the entering-up of judgment and granting of summary judgment in appropriate cases) of the Circuit Court and the use of the national language of Saorstát Eireann therein and the xing and collection of fees and the adaptation or modication of any statute that may be necessary for any of the purposes aforesaid and all subsidiary matters. 
Part III. 
THE DISTRICT COURT. 
67.—A District Court of Justice (An Chúirt Bhreithiúnais Dúithche) shall be constituted under  
this Act consisting of such justices as shall be appointed as hereinafter mentioned. 
68.—When and so soon as the Minister for Home Aairs has divided Saorstát Eireann into  
suitable Districts there shall be appointed so many Justices (Breitheamhain) of the District Court as may be necessary: Provided that the number of such justices at any time shall not exceed thirty-three. 
69.—No person shall be appointed a Justice of the District Court who is not at the date of his
  
appointment a practising barrister or solicitor of six years' standing at least or has not been a Divisional Justice of the Police District of Dublin Metropolis or a District Justice under the 
District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923); but service as a judge of the 
Dáil Supreme Court as dened in the Dáil Eireann Courts (Winding-Up) Act, 1923 (No. 36 of 
1923), or as a Judicial Commissioner appointed under that Act, shall be deemed practice at the 
Bar for the purpose of this provision. 
70.—The oce of any Justice of the District Court may be vacated by writing under his hand  
and shall be vacated on his being appointed a Judge of the Circuit Court, and thereupon or whenever the oce of any justice shall become vacant a new justice may be appointed in his place. In case of the illness of any justice a deputy may be appointed to act in his place on the recommendation of the Attorney-General on such terms as to payment of the deputy out of the salary of the justice or otherwise as may be provided by the rules to be made under this Part of this Act: Provided however that no one other than a practising barrister or solicitor of six years' standing at least shall be qualied for appointment as deputy of a justice. 
71.—So far as may be practicable having regard to all relevant circumstances the Justice of
  
the District Court assigned to a District which includes an area where the Irish language is in general use shall possess such a knowledge of the Irish language as would enable him to dispense with the assistance of an interpreter when evidence is given in that language.  
 Age of 72.—The age of retirement of a Justice of the District Court for the time being assigned to 
retirement. the Police District of Dublin Metropolis or to a district comprising or including the City of Cork 
shall be 70 years, and the age of retirement of every other Justice of the District Court shall be 65 years: Provided that in the case of a Justice of the District Court who shall have been a District Justice under the 
District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923), and 
at the date of his appointment to the last-mentioned oce was over 55 years of age and 
under 60 years of age, the Chief Justice may, if he thinks t, extend the age of retirement of such Justice to such date as will enable him to complete a period of service sucient to qualify him for a pension. 
Justices not 73.—No Justice of the District Court shall be removable from oce save for incapacity or 
removable from physical or mental inrmity or misbehaviour in oce or misconduct, which shall be certied 
oce save as under the hands of the Attorney-General and the Chief Justice. It shall be the duty of the 
mentioned in Attorney-General and the Chief Justice to give such certicate in case they are satised that 
section. such incapacity or inrmity exists or that any such misbehaviour or misconduct has taken place. No such certicate shall be questioned or made the subject of proceedings in any Court. 
Remuneration. 74.—The senior of the Justices of the District Court for the time being assigned to the Police 
District of Dublin Metropolis shall receive a salary of £1,200 per annum, and every other of the Justices aforesaid and also the Justice for the time being assigned to a District comprising or including the City of Cork shall receive a salary of £1,100 per annum. 
Every other Justice of the District Court shall receive a salary of £1,000 per annum. 
The several salaries aforesaid shall until the end of the nancial year ending on the 31st day of 
March, 1927, be paid out of moneys to be annually provided by the Oireachtas, and shall
 
thereafter be charged on and be payable out of the Central Fund or the growing produce thereof. 
Pensions. 75.—Subject to his being in good health at the date of his appointment to the oce, the 
oce of a Justice of the District Court shall be a pensionable oce within the Superannuation Acts, 1834 to 1919, and the pension, gratuity or allowance granted to or in respect of a Justice of the District Court on his retirement or death shall be ascertained in the manner and subject to the conditions prescribed by those Acts, and a certicate by the Chief Justice shall be a sucient certicate for the purposes of Section 8 of the Superannuation Act, 1859: Provided 
that any Divisional Justice aforesaid or any District Justice under the District Justices 
(Temporary Provisions) Act, 1923 (No. 6 of 1923) who may be appointed a justice of the District 
Court shall be entitled to count time served as a Divisional Justice or a District Justice under 
such last mentioned Act as time served as a justice of the District Court hereunder. Temporary 76.—In case the accumulation of business or the absence of a Justice of the District Court on 
Assistant 
Justices. vacation so requires there may be appointed such number of temporary Assistant Justices of 
the District Court as the Minister for Home Aairs with the concurrence of the Minister for 
Finance may determine. No person not qualied for appointment as a Justice of the District 
Court shall be appointed a temporary Assistant Justice thereof and the terms and conditions
 
of such temporary appointments shall be such as the said Ministers shall settle between them. 
Jurisdiction of 
the District Court. 77.—The District Court shall have and exercise all powers, jurisdictions, and authorities 
which immediately before the 6th day of December, 1922, were vested by statute or otherwise 
in Justices or a Justice of the Peace sitting at Petty Sessions and also (by way of addition and not of exception) the following jurisdictions:— 
A.—In Civil Cases— 
(i) in contract and breach of contract where the claim does not exceed £25;
  
(ii) in tort, (except slander, libel, criminal conversation, seduction, slander of title,  
malicious prosecution and false imprisonment) and claims for damages unconnected with contract where the claim does not exceed £10: Provided that 
no justice shall have jurisdiction when a 
bona-de  question of title to any land the 
Poor Law Valuation whereof exceeds ten pounds is in issue and the act giving rise 
to the proceedings before him was done bona-de  in assertion of such title; 
Provided also that the jurisdiction of a Justice shall not be ousted by reason of a 
question of title to land the Poor Law Valuation whereof does not exceed £10
 
being brought into issue, but in such case the decision of the Justice shall not operate as an estoppel in or bar to a suit in any court in relation to such land; 
(iii) in ejectment for non-payment of rent or overholding in any class of tenancy where
  
the rent does not exceed such sum as amounts or might amount to £26 per 
annum; 
(iv) in proceedings at the suit of the State or any Minister or Government Department  
or any ocer thereof to recover any sum not exceeding £25 due to or 
recoverable by or on behalf of the State, whether by way of penalty, debt, or otherwise, and notwithstanding any enactment now in force requiring such sum to be sued for in the High Court or other superior court. 
B.—In Criminal Cases—in any of the following cases, if the Justice shall be of opinion 
that the facts proved against the accused constitute a minor oence t to be tried
 
summarily and the accused (inquiry having been made of him by the Justice) does not object to being so tried:— 
(i) in larceny, receiving, embezzlement or false pretences—jurisdiction where the
  
money or property involved does not exceed £20 in value;  
 Jurisdiction 
transferred to the District Court. 
Exercise by the 
Justices severally of jurisdictions. (ii) in assault—jurisdiction in assault occasioning actual bodily harm; 
(iii) in indecent assault—any such case may be heard in camera  and when so heard, if 
the assaulted person is a female, one other female person nominated by the 
assaulted person shall be entitled to be present in court during the whole hearing of the case; 
(iv) in burglary or housebreaking or attempts at either; 
(v) in riot or unlawful assembly—jurisdiction in cases in which the Justice shall be of 
opinion that the crime was not in furtherance of an organised conspiracy or if it
 
was in furtherance of an organised conspiracy that such conspiracy is at an end; 
(vi) in malicious damage to property—jurisdiction in cases of damage not exceeding £20: 
Provided that a sentence of six months' imprisonment with or without hard labour shall be 
the maximum sentence to be imposed in any of the said cases disposed of summarily:
 
Provided also that any criminal cases not disposed of summarily shall be sent forward for trial (subject as is in this Act otherwise provided) if within the jurisdiction of the Circuit Court to the Judge of the Circuit or of one of the Circuits (to be determined by the Justice) within which the District lies, and, if not within such jurisdiction to the next ensuing Court of the High Court Circuit for the District or to the Central Criminal Court in cases within its ambit. 
C.—In granting certicates for spirit and other licences—all licensing jurisdiction heretofore 
exercised by Justices of the Peace at Petty Sessions or at Quarter Sessions or by Courts
 
of Quarter Sessions or by Recorders or by Justices of the Peace out of Petty Sessions except the power of granting new licences conferred on the Circuit Court by Section 50 
of this Act. 
78.—There shall be transferred to the District Court all jurisdiction which at the
  
commencement of this Act was vested in or capable of being exercised by District Justices under the provisions of the 
District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923), 
or under any Act now in force, and also all jurisdiction which at the commencement of this Act 
was vested in or capable of being exercised by the Divisional Justices of the Police District of Dublin Metropolis, and also all jurisdiction which at the commencement of this Act was vested in or capable of being exercised by the Court of Conscience, or by a person acting as Justice of the Peace under the 
Towns Improvement (Ireland) Act, 1854 , and the provisions in Sections 21 
and 22 of this Act contained shall apply mutatis mutandis  to the jurisdictions by this Act vested 
in and transferred to the District Court. 
79.—Provided that the jurisdictions by this Act vested in and transferred to the District Court  
shall be exercised by the Justices severally as follows:—  “The Children's 
Court.” 
Orders under 
Debtor's Act
 
(Ireland) 1872, Section 6. 
Execution of 
decrees. 
Case stated for High Court on question of law. 
Appeal in civil 
cases.
 
Appeal in criminal cases.
 In civil cases, by a Justice for the time being assigned to the District wherein the defendant 
or one of the defendants ordinarily resides or carries on any profession, business or 
occupation; 
In criminal cases, by a Justice for the time being assigned to the District wherein the crime 
has been committed or the accused has been arrested or resides; 
In licensing cases, by a Justice for the time being assigned to the District wherein the 
licensed premises are situate.
 
80.—A Justice of the District Court shall sit once a week, if requisite, in a special Court in the  
Cities of Dublin, Cork, Limerick and Waterford to be called “The Children's Court” and shall there deal in such manner as shall seem just with all charges against children, except charges which by reason of their gravity or other special circumstances he shall not consider t to be so dealt with. Children herein shall include young persons of either sex under the age of 16 years. 
81.—A Justice of the District Court shall have power to make such orders under Section 6 of 
the 
Debtor's Act (Ireland), 1872 , and any Act amending the same for the enforcement of any 
decree of the District Court as may seem just. 
82.—The decree of the District Court in civil cases shall be executed, where necessary, by the  
Sheri or other ocer executing decrees of the Circuit Court. 
83.—A Justice of the District Court shall (if requested by any party to any proceedings before  
him unless he consider the request frivolous) and may (without request) refer any question of 
law arising in any case before him to the High Court for determination, and the determination of the High Court thereon shall be nal and conclusive and not appealable. 
84.—An appeal shall lie in all cases other than criminal cases from any decision of a Justice
  
of the District Court to the Judge of the Circuit Court within whose Circuit the District or any part of the District of the Justice, lies, and the decision of the Judge of the Circuit Court on any such appeal shall be nal and conclusive and not appealable. 
85.—An appeal shall lie in criminal cases from a Justice of the District Court to the Judge of
  
the Circuit Court within whose Circuit the District or any part of the District of the Justice lies, against any order for payment of a penal or other sum exceeding twenty shillings or for the doing of anything at greater expense than twenty shillings or for the estreating of any recognizance to a greater amount than twenty shillings or for any term of imprisonment exceeding one month, by the person against whom the order shall have been made but not otherwise, and the decision of the Judge of the Circuit Court on any such appeal shall be nal and conclusive and not appealable.  
 Case stated or 
appeal to be in form, etc., prescribed by rules. 
Appeal in licensing cases. 
Appointment of 
Peace
 
Commissioners. 86.—Every case stated or appeal shall be in such form and manner in every respect and 
subject to such conditions whether as to time or otherwise (including the lodgment of any 
moneys in civil cases and the entering into a bond with sureties in criminal cases) as the rules to be made under this Part of this Act may prescribe. 
87.—In licensing cases the applicant or the persons at present entitled by law to object may
  
appeal pursuant to such provisions as may be prescribed by the rules to be made under this Part of this Act. 
88.—(1) The Minister for Home Aairs may from time to time by warrant under his hand
  
appoint and remove such and so many t and proper persons as he shall think expedient in each county to be called “Feadhmannaigh Shíochána” or (in English) “Peace Commissioners” and to perform and exercise within such county and (if so expressed in his warrant of appointment) within the counties immediately adjoining such county the duties and powers of Peace Commissioners under this Act. 
(2) So far as may be practicable having regard to all relevant circumstances, every person 
appointed to be a Peace Commissioner in a County which includes an area in which the Irish
 
language is in general use shall have a knowledge of the Irish language adequate for the transaction of the business of his oce in that language. 
(3) A Peace Commissioner shall have all the powers and authorities which immediately 
before the 6th day of December, 1922, were vested in a Justice of the Peace in respect of the
 
several matters following, that is to say:— 
(a) signing summonses; 
(b) signing warrants; 
(c) administering oaths and taking declarations, armations, informations, bonds and 
recognizances;
 
(d) committing dangerous lunatics and idiots to lunatic asylums under Section 10 of the 
Lunacy (Ireland) Act, 1867, and providing for the remuneration of the medical ocer
 
and the examiner of lunatics under Section 14 of the Lunatic Asylums (Ireland) Act, 
1875  ; 
(e) signing certicates for the admission of lunatics and idiots to lunatic asylums; 
(f) signing the certicate required by Section 2 of the Registration of Clubs (Ireland) Act, 
1904  ;  
 
 (g) condemning and ordering the destruction or disposal of any article intended for the 
food of man which appears to him to be diseased or unsound or unwholesome or 
unt for the food of man under Section 133 of the Public Health (Ireland) Act, 1878 , 
as amended by Section 28 of the Public Health Acts Amendment Act, 1890 : 
Provided always that any summons against any member of the Gárda Síochána shall be 
signed by a Justice of the District Court. 
(4) Whenever any person charged with having committed an indictable oence shall be 
arrested by a member of the Gárda Síochána such person shall unless a Justice of a District
 
Court is immediately available forthwith be brought before a Peace Commissioner, who after 
hearing such evidence as may be oered shall remand such person either in custody or in such bail as the Peace Commissioner shall think t and remit the case for hearing before a Justice of the District Court on a date not later than the next sitting of the District Court to be held in the District where such person was arrested. 
No further 89.—From and after the passing of this Act no appointment of District Justices shall be made 
appointments under the District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923). 
under District 
Justices (Temporary Provisions) Act, 1923. 
Rule-making 90.—The rule-making authority for the District Court shall be the Minister for Home Aairs 
authority. with the concurrence of the Minister for Finance in respect of matters aecting public revenue 
or expenditure and the assistance of a Committee consisting of such of the Justices of the District Court as the Minister for Home Aairs may from time to time nominate for this purpose, being not less than ve, including one at least of the Justices for the time being assigned to the District including the Police District of Dublin Metropolis, two practising solicitors nominated by the President of the Incorporated Law Society of Ireland, of whom one shall be a solicitor having his oce and carrying on the practice of his profession outside the City and County of Dublin, and one practising barrister nominated by the Council of the Bar of Ireland. Rules for 
carrying this Part of this Act into eect. 
Sanction of rules. 
Existing solicitors and
 
commissioners for administering oaths. 91.—Such rule-making authority may at any time and from time to time after the passing 
and before or after the commencement of this Act make rules to be styled “District Court 
Rules” for carrying into eect this Part of this Act (except the hearing by the Circuit Court of appeals from the District Court and the hearing by the High Court of cases stated by the District Court), and may annul or alter such rules and make new rules. In particular rules may be made for all or any of the following matters, viz., for regulating the sittings and the vacations and the districts of the Justices and the places where proceedings are to be brought and the forms of process, summons, case stated, appeal or otherwise, and the conditions which a party who requires a case stated or an appellant must comply with in civil cases or in criminal cases or in licensing cases as the case may be and the practice and procedure of the District Court generally including questions of costs and the times for taking any step in the District Court, the entering-up of judgment and granting of summary judgment in appropriate cases and the use of the national language of Saorstát Eireann therein and the xing and collection of fees and the adaptation or modication of any statute that may be necessary for any of the purposes aforesaid and all subsidiary matters. 
92.—Such rules shall be approved of by a majority of the Committee aforesaid and signed
  
and sanctioned by the Attorney-General and Minister for Home Aairs and Minister for Finance and shall have no validity until so approved of, signed and sanctioned. 
Part IV. 
MISCELLANEOUS AND TRANSITORY PROVISIONS. 
93.—All existing solicitors of the Supreme Court of Judicature in Ireland and all existing
  
commissioners to administer oaths shall be transferred to and become solicitors and commissioners respectively of the several courts established under this Act. Right to jury in 
civil cases, and costs in such cases. 
Verdict of nine members of jury in civil cases. 
Form of appeals 
in jury cases.
 
Report of stenographer to
 
be certied. 94.—Nothing contained in this Act shall take away or prejudice the right of any party to any 
action in the High Court or the Circuit Court (not being an action for a liquidated sum, or an 
action for the enforcement, or for damages for the breach of a contract) to have questions of fact tried by a jury in such cases as he might heretofore of right have so required in the Supreme Court of Judicature in Ireland, and with like directions as to law and evidence, but no party to an action in the High Court or the Circuit Court for a liquidated sum, or an action for the enforcement or for damages for the breach of a contract or in an action for the recovery of land shall be entitled to a jury unless the judge shall consider a jury to be necessary or desirable for the proper trial of the action, and shall of his own motion or on the application of any party so order. Subject to all existing enactments limiting, regulating, or aecting the costs payable in any action by reference to the amount recovered therein, the costs of every civil action, and of every civil question and issue, tried by a jury in the High Court or the Circuit Court shall follow the event, unless, upon application made, the Judge at the trial shall for special cause shown and mentioned in the order otherwise direct; and any order of a Judge as to such costs may be discharged or varied by the appellate tribunal. 
95.—In every trial whether in the High Court or the Circuit Court of a civil case before a judge
  
and jury, the jury shall consist of twelve members and a majority vote of nine of those twelve members shall be necessary and sucient to determine the verdict. The judge shall so inform the jury and the verdict of such nine members or upwards shall be taken and recorded as the verdict of the jury, without disclosure of the dissentients, if any such there be. 
96.—Every appeal from a judgment of the High Court or the Circuit Court in an action tried
  
by a judge and jury, or from any other judgment of the High Court or the Circuit Court founded on the verdict of a jury in a civil case, shall be made by way of motion before the appellate tribunal for a new trial, and, in the case of an appeal from the Circuit Court, the allegations on which such motion may be grounded shall include the allegation that the verdict of the jury was against the weight of the evidence or was otherwise perverse. In any appeal to which this section applies the appellate tribunal may, in lieu of ordering a new trial, set aside the verdict, 
ndings, and judgment appealed against and enter such judgment as the court considers 
proper.
 
97.—Whenever under this Act an appeal is required to be grounded or heard on the report  
of an ocial stenographer, such report shall include both the original shorthand notes and the transcript thereof, and shall be certied by the judge of the Court of rst instance to be such report. Courts in Dublin 
Castle deemed to be situated in City and County of Dublin. 
Declaration to be taken by
 
judges and justices on appointment. 
Age of retirement for
 
existing judges appointed under this Act. 
Rules not to 
come into
 
operation until approved by Oireachtas. 98.—So much of the buildings and premises commonly known as Dublin Castle and of the 
precincts thereof as shall for the time being be appropriated for the holding of any Court 
established under Parts I  . or II . of this Act or for the use or accommodation of any judge or 
ocer of any such Court or for the transaction of the business of any oce attached to any
 
such Court shall be deemed and is hereby declared to be situate for all purposes both in the County of the City of Dublin and in the County of Dublin. 
99.—The Declaration to be taken on appointment by every Judge of the Supreme Court, the
  
High Court, and the Circuit Court and by every Justice of the District Court shall be as follows: — 
I   do solemnly and sincerely before God promise and declare that I will duly and 
faithfully and to the best of my skill and power execute the oce of Chief Justice of the 
Supreme Court (
or President of the High Court, or Judge of the Supreme Court or of the 
High Court or of the Circuit Court or Justice of the District Court as the case may be ) of 
Saorstát Eireann without fear or favour, aection, or ill-will towards any man, and that I will uphold the Constitution of Saorstát Eireann as by law established. 
Such declaration shall be made and subscribed by the Chief Justice in the presence of the 
Governor-General and by each of the other judges and justices aforesaid in the presence of
 
the Chief Justice in open court. 
Any judge or justice who declines or neglects to take the declaration aforesaid in the manner 
aforesaid shall be disqualied from entering on and shall be deemed to have vacated his oce
 
of judge or justice (as the case may be). 
100. —Where any person who is at the passing of this Act a judge of the Supreme Court of  
Judicature in Ireland, a Recorder, County Court Judge, or District Justice in Saorstát Eireann, or 
a Divisional Justice of the Police District of Dublin Metropolis is appointed to be a judge of any Court under this Act after he has attained the age of retirement prescribed by this Act for the judges of such Court, such age of retirement shall in his case be extended by the addition of three years thereto. 
101. —No rules of court made under this Act shall come into operation unless and until they
  
have been laid before each House of the Oireachtas and have been approved by resolution of each such House.  Provisions as to 
existing ocers. 
Appeals pending to Judge of Assize shall be heard by Judges of High Court. 
Trial of persons awaiting trial at
 
commencement of Act. 102. —Unless and until otherwise determined by the Oireachtas, all registrars, clerks and 
other ocers attached to the existing Supreme Court of Judicature or to the Lord Chief Justice 
in the exercise of the jurisdiction in Lunacy vested in him and to the Courts of existing Recorders, County Court Judges and District Justices or the Divisional Magistrates of the Police District of Dublin Metropolis shall continue to hold oce by the same tenure as heretofore, and to discharge the duties heretofore discharged by them or duties analogous thereto. Every question which shall arise as to whether any duties are analogous to any other duties shall be determined by the Chief Justice, whose decision shall be nal. Nothing in this Section shall prejudice the rights of any ocer under Section 10 of the Articles of Agreement for a Treaty between Great Britain and Ireland signed at London on the 6th day of December, 1921. 
103. —All appeals and other applications to Judges of Assize pending at the commencement
  
of Part II . of this Act shall be heard and determined by such Judge or Judges of the High Court 
as shall be nominated for the purpose by the President of the High Court and at such times
 
and places as the Minister for Home Aairs shall, by order, prescribe and direct. 
104. —Every person who shall at the commencement of Part I . of this Act have been sent 
forward for trial at Assizes or any other Commission of Oyer and Terminer and gaol delivery,
 
and be awaiting trial, and every person who shall at the commencement of this Act have been 
sent forward for trial by the County Court Judge, or by any Dáil Court as dened by the Dáil 
Eireann Courts (Winding-Up) Act, 1923 (No. 36 of 1923), on any charge excluded from the 
jurisdiction of the Circuit Court and be awaiting trial on such charge, shall be deemed to have 
been sent forward for trial by and shall be tried by the Central Criminal Court or, if so directed by the Attorney-General, a court of the High Court Circuit. Every person who shall at the commencement of Part II . of this Act have been sent forward for trial by the County Court 
Judge, or by any such Dáil Court as aforesaid, on any charge within the jurisdiction of the
 
Circuit Court, and be awaiting trial, shall be deemed to have been sent forward for trial by and shall be tried by the appropriate Circuit Court. 
Schedule in the foregoing Act referred to. 
Population 
1. Dublin City and County 476,000 
2. Cork City and County 392,000  
3. Donegal }  Northern 394,000 
Leitrim 
Cavan Monaghan 
4. Mayo 
Galway
 } Western 374,000 
5. Sligo 
Roscommon 
Westmeath 
Leix
 } Midland 388,000 
Oaly 
Longford 
6. Louth 
Meath 
Kildare } Eastern 358,000 
Wicklow 
Wexford 
7. Kerry 
Limerick } South-Western 406,000 
Clare 
8. Tipperary 
Kilkenny 
Waterford
 } Southern 348 000 
Carlow