Courts (Supplemental Provisions) Act, 1961
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) This Act may be cited as the Courts (Supplemental Provisions) Act, 1961.
(2) This Act shall come into operation on the date on which the Principal Act comes into operation and immediately after the coming into operation of the Principal Act.
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paragraphs: —(1) In this Act—
“the Act of 1924” means the Courts of Justice Act, 1924 ;
“the Act of 1926” means the Court Officers Act, 1926 ;
“the Act of 1936” means the Courts of Justice Act, 1936 ;
“the Act of 1945” means the Court Officers Act, 1945 ;
“the Act of 1946” means the Courts of Justice (District Court) Act, 1946 ;
“the Act of 1947” means the Courts of Justice Act, 1947 ;
“the Act of 1949” means the Courts of Justice (District Court) Act, 1949 ;
“the Act of 1953” means the Courts of Justice Act, 1953 ;
“the Circuit Court” means the Court established by section 4 of the Principal Act;
“the Court of Criminal Appeal” means the Court established by section 3 of the Principal Act;
“the District Court” means the Court established by section 5 of the Principal Act;
“the Dublin Metropolitan District” means the district styled and known as the Dublin Metropolitan District under section 64 of the Act of 1936;
“enactment” includes a charter and any instrument made under an enactment;
“the existing Chief Justice” means the judge of the existing Supreme Court who, by virtue of section 5 of the Act of 1924, was, immediately before the operative date, president of that Court;
“the existing Circuit Court” means the Circuit Court of Justice constituted by section 37 of the Act of 1924;
“the existing Court of Criminal Appeal” means the Court of Criminal Appeal constituted by section 8 of the Act of 1924;
“the existing District Court” means the District Court of Justice constituted by section 67 of the Act of 1924;
“the existing High Court” means the High Court of Justice constituted by section 4 of the Act of 1924;
“the existing President of the Circuit Court” means the judge of the existing Circuit Court who, immediately before the operative date, held the office created by section 9 of the Act of 1947;
“the existing President of the High Court” means the judge of the existing High Court who, by virtue of section 4 of the Act of 1924, was, immediately before the operative date, president of that Court;
“the existing Supreme Court” means the Supreme Court of Justice constituted by section 5 of the Act of 1924;
“the High Court” means the Court established by section 2 of the Principal Act;
“justice of the District Court” includes, except where the context otherwise requires, the President of the District Court;
“the Minister” means the Minister for Justice;
“the operative date” means the date on which this Act comes into operation;
“the Principal Act” means the Courts (Establishment and Constitution) Act, 1961 (No. 39 of 1961);
“State authority” means any authority being—
(a) a Minister of State, or
(b) the Commissioners of Public Works in Ireland, or
(c) the Irish Land Commission, or
(d) the Revenue Commissioners, or
(e) the Attorney General;
“the Supreme Court” means the Court established by section 1 of the Principal Act.
(2) Except where the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended, adapted or applied by or under any other enactment, including this Act.
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paragraphs: —The enactments mentioned in column (2) of the First Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule, but, without prejudice to subsection (1) of section 21 of the Interpretation Act, 1937 , such of those enactments as relate to the pensions of the judges and justices of the courts established by the Act of 1924 shall, notwithstanding the repeal thereof, continue to apply to any person who, having been a judge of the existing Supreme Court, existing High Court or existing Circuit Court or a justice of the existing District Court, retired or retires from office before the operative date.
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paragraphs: —(1) The number of ordinary judges of the Supreme Court shall be four.
(2) The number of ordinary judges of the High Court shall not be more than six.
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paragraphs: —(1) (a) The existing Chief Justice shall be qualified for appointment as Chief Justice and, if he is willing to accept office, no other person shall be qualified for appointment as Chief Justice.
(b) The existing President of the High Court shall be qualified for appointment as President of the High Court and, if he is willing to accept office, no other person shall be qualified for appointment as President of the High Court.
(c) Each of the persons who are ordinary judges of the existing Supreme Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the Supreme Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the Supreme Court.
(d) Each of the persons who are ordinary judges of the existing High Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the High Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the High Court.
(e) Paragraphs (a), (b), (c) and (d) of this subsection apply only in relation to the qualification for appointment of the first judges of the Supreme Court and High Court.
(f) Subsections (2), (3), (4) and (5) of this section shall have effect subject to the preceding paragraphs of this subsection.
(2) (a) A person who is for the time being a practising barrister of not less than twelve years' standing shall be qualified for appointment as a judge of the Supreme Court or the High Court.
(b) For the purposes of paragraph (a) of this subsection, service as a judge of the existing Circuit Court or of the Circuit Court shall be deemed practice at the Bar.
(3) An ordinary judge of the Supreme Court shall be qualified for appointment as President of the High Court or as Chief Justice.
(4) The President of the High Court shall be qualified for appointment as an ordinary judge of the Supreme Court or as Chief Justice.
(5) An ordinary judge of the High Court shall be qualified for appointment as an ordinary judge of the Supreme Court or as President of the High Court or as Chief Justice.
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paragraphs: —(1) The provisions set out in Part I of the Second Schedule to this Act shall apply to the pensions of judges of the Supreme Court and the High Court.
(2) Where a judge of the Supreme Court or High Court is removed from office on account of incapacity, he shall be deemed for the purpose of pension to have vacated his office owing to permanent infirmity.
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paragraphs: —(1) The Supreme Court shall be a superior court of record with such appellate and other jurisdiction as is prescribed by the Constitution.
(2) There shall be vested in the Supreme Court—
(a) all jurisdiction which was, immediately before the commencement of Part I of the Act of 1924, vested in or capable of being exercised by the former Court of Appeal in Southern Ireland or any judge or judges thereof and was, immediately before the operative date, vested in or capable of being exercised by the existing Supreme Court,
(b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing Supreme Court.
(3) Subject to subsection (4) of this section, an appeal to or other matter cognisable by the Supreme Court shall be heard and determined by five judges of the Supreme Court, including judges who are by virtue of subsection (3) or (4) of section 1 of the Principal Act additional judges of the Supreme Court.
(4) The Chief Justice or, in his absence, the senior ordinary judge of the Supreme Court for the time being available may determine that an appeal to or other matter cognisable by the Supreme Court, not being a matter so cognisable under Article 12 or Article 26 of the Constitution or a question of the validity of any law having regard to the provisions of the Constitution, is to be heard and determined by three judges and, where such a determination is made, the appeal or matter to which the determination relates shall be heard and determined by three judges of the Supreme Court, including judges who are by virtue of subsection (3) or (4) of section 1 of the Principal Act additional judges of the Supreme Court.
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paragraphs: —(1) The High Court shall be a superior court of record with such original and other jurisdiction as is prescribed by the Constitution.
(2) There shall be vested in the High Court—
(a) all jurisdiction which was, immediately before the commencement of Part I of the Act of 1924, vested in or capable of being exercised by the former High Court of Justice in Southern Ireland or any division or judge thereof and was, immediately before the operative date, vested in or capable of being exercised by the existing High Court,
(b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing High Court.
(3) The jurisdictions vested in the High Court shall include all powers, duties and authorities incident to any and every part of the jurisdictions so vested.
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paragraphs: —(1) There shall be vested in the High Court the jurisdiction in lunacy and minor matters which—
(a) was formerly exercised by the Lord Chancellor of Ireland,
(b) was, at the passing of the Act of 1924, exercised by the Lord Chief Justice of Ireland, and
(c) was, by virtue of subsection (1) of section 19 of the Act of 1924 and subsection (1) of section 9 of the Act of 1936, vested, immediately before the operative date, in the existing High Court.
(2) The jurisdiction vested in the High Court by subsection (1) of this section shall be exercisable by the President of the High Court or, where the President of the High Court so directs, by an ordinary judge of the High Court for the time being assigned in that behalf by the President of the High Court.
(3) References in the Lunacy Regulation (Ireland) Act, 1871 , and the rules and orders made thereunder to “the Lord Chancellor entrusted as aforesaid” shall be construed as references to the judge of the High Court for the time being exercising the jurisdiction vested in the High Court by subsection (1) of this section.
(4) (a) The President of the High Court or such other Judge of the High Court as may be assigned by him under subsection (2) of this section may from time to time by order made under section 118 of the Lunacy Regulation (Ireland) Act, 1871 , amend any form prescribed by or under that Act for use in relation to the jurisdiction in lunacy matters vested in the High Court by subsection (1) of this section by substituting in such form the expression “ward of court” or such other similar expression as he thinks proper for the word “lunatic” and the expression “person of unsound mind” respectively and by making such further consequential amendments in that form as he thinks necessary and proper.
(b) Any order made under section 4 of the Courts of Justice Act, 1928 , as amended by paragraph (b) of subsection (2) of section 9 of the Act of 1936, which is in force immediately before the operative date shall continue in force and be deemed to have been made under paragraph (a) of this subsection.
(5) Such solicitors, doctors, visitors and other persons as were, immediately before the operative date, retained or nominated in relation to the exercise of any jurisdiction which, by virtue of subsection (1) of section 19 of the Act of 1924 and subsection (1) of section 9 of the Act of 1936, was, immediately before the operative date, vested in the existing High Court shall be retained or nominated by the President of the High Court and section 59 of the Act of 1926, as applied by section 48 of this Act, shall not apply to them.
Chief Justice and President of the High Court
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paragraphs: —(1) There shall be exercisable by the Chief Justice—
(a) the jurisdiction in relation to solicitors which, by virtue of subsection (2) of section 19 of the Act of 1924, and subsection (3) of section 14 of the Solicitors Act, 1954 , was, immediately before the operative date, vested in or capable of being exercised by the existing Chief Justice,
(b) the power of appointing notaries public and commissioners to administer oaths,
(c) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing Chief Justice.
(2) Whenever the Chief Justice is unable owing to illness or for any other reason to transact the business of his office, all jurisdictions, powers, authorities and functions for the time being vested in him in virtue of his office shall be exercised or performed by the President of the High Court or, in the event of the President of the High Court being unable owing to illness or for any other reason to exercise or perform the said jurisdictions, powers, authorities and functions, by the senior ordinary judge of the Supreme Court who is for the time being available.
(3) It shall be the function of the President of the High Court or, where he is not available, the senior ordinary judge of the High Court who is for the time being available to arrange the distribution and allocation of the business of the High Court.
(4) Where the Chief Justice is of opinion that the conduct of a justice of the District Court has been such as to bring the administration of justice into disrepute, the Chief Justice may interview the justice privately and inform him of such opinion.
(5) There shall be exercisable by the President of the High Court all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing President of the High Court.
Central Criminal Court
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paragraphs: —(1) The High Court exercising the criminal jurisdiction with which it is invested shall be known as An PhrÃ­omh-ChÃºirt ChoiriÃºil (The Central Criminal Court) and is in this Act referred to as the Central Criminal Court.
(2) (a) The jurisdiction exercisable by the Central Criminal Court shall be exercisable by a judge or judges of the High Court (including the President of the High Court) nominated from time to time by the President of the High Court.
(b) The jurisdiction of the Court shall be exercisable by each judge for the time being so nominated save that, where the President of the High Court directs that two or more such judges shall sit together for the purpose of a particular case, the jurisdiction of the Court for that purpose shall be exercised by those judges sitting together.
(3) Every person lawfully brought before the Central Criminal Court may be indicted before and tried and sentenced by that Court, wherever it may be sitting, in like manner in all respects as if the crime with which such person is charged had been committed in the county or county borough in which the said Court is sitting.
(4) References in any other enactment (whether passed before or after this Act) to the Central Criminal Court shall be construed as references to the High Court exercising the criminal jurisdiction with which it is invested.
Court of Criminal Appeal
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paragraphs: —(1) The Court of Criminal Appeal shall be a superior court of record and shall, for the purposes of this Act and subject to the enactments applied by section 48 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.
(2) There shall be vested in the Court of Criminal Appeal all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing Court of Criminal Appeal.
(3) In subsection (2) of section 44 of the Offences Against the State Act, 1939 , the reference to section 30 of the Act of 1924 shall be construed as a reference to subsection (1) of this section.
High Court Circuits
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paragraphs: —The grouping of the several counties and county boroughs (other than the county of Dublin and the county borough of Dublin) in the State into High Court Circuits under subsection (1) (repealed by this Act) of section 33 of the Act of 1936 shall, subject to any order which may be made under subsection (2) of the said section 33, as applied by section 48 of this Act, continue to have effect, and references in any enactment to High Court Circuits shall be construed accordingly.
Exercise of Jurisdiction
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paragraphs: —(1) In this section “rules of court” means rules made under section 36 of the Act of 1924, as applied by section 48 of this Act.
(2) The jurisdiction which is by virtue of this Act vested in or exercisable by the Supreme Court, the High Court, the Chief Justice, the President of the High Court, the Central Criminal Court and the Court of Criminal Appeal respectively shall be exercised so far as regards pleading, practice and procedure generally, including liability to costs, in the manner provided by rules of court, and, where no provision is contained in such rules and so long as there is no rule with reference thereto, it shall be exercised as nearly as possible in the same manner as it might have been exercised by the respective existing courts or judges by which or by whom such jurisdiction was, immediately before the operative date, respectively exercisable.
(3) Rules of court may, in relation to proceedings and matters (not being criminal proceedings or matters or matters relating to the liberty of the person) in the High Court and Supreme Court, authorise the Master of the High Court and other principal officers, within the meaning of the Court Officers Acts, 1926 to 1951, to exercise functions, powers and jurisdiction in uncontested cases and to take accounts, conduct inquiries and make orders of an interlocutory nature.
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paragraphs: —In this Part of and in the Third , Fourth and Fifth Schedules to this Act—
“action” means a civil proceeding in the Circuit Court commenced by civil bill;
“cause” means any action, suit or original proceeding between a plaintiff and a defendant;
“defendant” includes respondent;
“incorporeal hereditament” includes an easement and a licence in respect of land;
“matter” means any proceeding in the Circuit Court not in a cause;
“plaintiff” includes applicant and petitioner;
“proceedings” includes both causes and matters;
references to the judge of a particular circuit shall be construed as references to the judge of the Circuit Court for the time being assigned to that circuit;
“personality” does not include chattels real;
“land” includes incorporeal hereditaments;
“rules of court” means rules made under section 66 of the Act of 1924, as applied by section 48 of this Act.
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paragraphs: —(1) The number of ordinary judges of the Circuit Court shall not be more than eight.
(2) Notwithstanding subsection (1) of this section, if, on the operative date, there are nine ordinary judges of the Circuit Court, then, until the occurrence of the first vacancy in the office of judge of the Circuit Court, the number of ordinary judges of the Circuit Court shall not be more than nine.
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paragraphs: —(1) (a) The existing President of the Circuit Court shall be qualified for appointment as President of the Circuit Court and, if he is willing to accept office, no other person shall be qualified for appointment as President of the Circuit Court.
(b) Each of the persons (other than the existing President of the Circuit Court) who are judges of the existing Circuit Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the Circuit Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the Circuit Court.
(c) Paragraphs (a) and (b) of this subsection apply only in relation to the qualification for appointment of the first judges of the Circuit Court.
(d) Subsections (2) and (3) of this section shall have effect subject to the preceding paragraphs of this subsection.
(2) (a) A person who is for the time being a practising barrister of not less than ten years' standing shall be qualified for appointment as a judge of the Circuit Court.
(b) For the purposes of paragraph (a) of this subsection, service, in the case of a barrister, as a justice of the existing District Court or of the District Court shall be deemed practice at the Bar.
(3) An ordinary judge of the Circuit Court shall be qualified for appointment as President of the Circuit Court.
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paragraphs: —(1) The age of retirement of a judge of the Circuit Court shall be seventy years.
(2) Notwithstanding subsection (1) of this section, the age of retirement of a judge of the Circuit Court who was a judge of the existing Circuit Court at the passing of the Act of 1947 shall be seventy-two years.
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paragraphs: —(1) The provisions set out in Part II of the Second Schedule to this Act shall apply to the pensions of judges of the Circuit Court.
(2) Where a judge of the Circuit Court is removed from office on account of incapacity, he shall be deemed for the purpose of pension to have vacated his office owing to permanent infirmity.
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paragraphs: —(1) The circuits created under section 16 (repealed by this Act) of the Act of 1953 shall be the circuits for the purposes of the Circuit Court.
(2) (a) Where a person is appointed a judge of the Circuit Court, the Government shall permanently assign him to a particular circuit.
(b) Notwithstanding paragraph (a) of this subsection, if, on the operative date, there are nine ordinary judges of the Circuit Court so that, in the making of the first assignments under that paragraph, one of such judges cannot be permanently assigned to a particular circuit, such judge may be permanently assigned by the Government at any time to a circuit and, pending such assignment, may from time to time be temporarily assigned to any circuit by the President of the Circuit Court.
(c) Where a judge of the Circuit Court is temporarily assigned under paragraph (b) of this subsection to a circuit, then, such judge shall, while so temporarily assigned, have, in relation to such circuit and concurrently with any judge permanently assigned thereto and any judge who is temporarily assigned under section 10 of the Act of 1947 as applied by section 48 of this Act to such circuit, all the privileges, powers and duties for the time being conferred or imposed by law on a judge of the Circuit Court permanently assigned to such Circuit.
(3) Any judge of the Circuit Court who is for the time being permanently assigned to a particular circuit may at any time, if he so consents but not otherwise, be transferred by the Government to another circuit, and shall upon such transfer become and be permanently assigned to that other circuit in lieu of the first-mentioned circuit.
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paragraphs: —The Circuit Court shall be a court of record.
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paragraphs: —(1) (a) Subject to paragraphs (b) and (c) of this subsection, the Circuit Court shall, concurrently with the High Court, have all the jurisdiction of the High Court to hear and determine any proceedings of the kind mentioned in column (2) of the Third Schedule to this Act at any reference number.
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paragraphs: —(1) In this section—
“the Cork Circuit” means the circuit of the Circuit Court consisting of the county and county borough of Cork;
“the Cork Circuit Court Judge” means the judge of the Circuit Court for the time being assigned to the Cork Circuit.
(2) (a) The Cork Circuit Court Judge shall constitute and hold a local admiralty court (in this subsection referred to as the Court) to be called the Cork Local Admiralty Court.
(b) The Court shall, within the Cork Circuit with the parts of the sea adjacent to it and within the outer limit of the territorial seas, within the meaning of the Maritime Jurisdiction Act, 1959 , have the jurisdiction in admiralty causes which immediately before the commencement of Part II of the Act of 1924 was exercisable by the former Recorder of Cork.
(c) The jurisdiction of the Court shall be exercised by the Cork Circuit Court Judge.
(d) Section 38 of the Act of 1936, as applied by section 48 of this Act, shall apply to every judgment or order of the Court.
(3) (a) The Cork Circuit Court Judge shall constitute and hold a local bankruptcy court (in this subsection referred to as the Court) to be called the Cork Local Bankruptcy Court.
(b) The Court shall, as respects any person residing or having an office or place of business in the Cork Circuit who is a debtor or person sought to be adjudged a bankrupt or an arranging debtor, have the like jurisdiction, power and authority in bankruptcy and as to arrangement with creditors and composition after bankruptcy as are for the time being vested in or capable of being exercised by the High Court.
(c) The jurisdiction of the Court shall be exercised by the Cork Circuit Court Judge.
(d) Section 38 of the Act of 1936, as applied by section 48 of this Act, shall apply to every judgment or order of the Court.
(4) Subsections (6) and (7) of section 22 of this Act shall have effect as if the references therein to the Circuit Court included references to the Cork Local Admiralty Court and the Cork Local Bankruptcy Court.
(5) Subsections (8), (11), (14) and 15 of section 22 of this Act shall apply to proceedings in the Cork Local Admiralty Court and in the Cork Local Bankruptcy Court.
(6) (a) In this subsection references to section 25 (which relates to the remittal or transfer of actions pending in the High Court) of the Act of 1924 are references to that section, as applied by section 48 of this Act and; as amended by section 11 of the Act of 1936, as so applied, and by section 13 of the Act of 1953, as so applied.
(b) Section 25 of the Act of 1924 shall apply to admiralty actions pending in the High Court which might have been commenced in the Cork Local Admiralty Court, and for that purpose references in the said section to the Circuit Court shall be construed as references to the Cork Local Admiralty Court.
(c) Section 25 of the Act of 1924 shall apply to bankruptcy proceedings pending in the High Court which might have been commenced in the Cork Local Bankruptcy Court, and for that purpose references in the said section to the Circuit Court shall be construed as references to the Cork Local Bankruptcy Court.
num: 24
paragraphs: —(1) In this section “on-licence” has the same meaning as in the Licensing Acts, 1833 to 1960.
(2) The Circuit Court shall have jurisdiction in all cases of applications for new on-licences.
(3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge of the circuit in which the premises in respect of which the new on-licence is sought are situate.
(4) Where the Circuit Court grants under this section a new on-licence, then, notwithstanding anything contained in any enactment, the licence shall not require to be confirmed at any subsequent sitting of the Circuit Court.
num: 25
paragraphs: —(1) Subject to subsection (2) of this section, the Circuit Court shall have and may exercise every jurisdiction as respects indictable offences for the time being vested in the Central Criminal Court and every person lawfully brought before the Circuit Court in exercise of such jurisdiction may be indicted before and tried and, if convicted, sentenced by the Circuit Court accordingly.
(2) The jurisdiction conferred on the Circuit Court by subsection (1) of this section shall not extend to treason, an offence under section 2 or 3 of the Treason Act, 1939 , an offence under section 6 , 7 or 8 of the Offences Against the State Act, 1939 , murder, attempt to murder, conspiracy to murder, or piracy, including an offence by an accessory before or after the fact.
(3) The jurisdiction vested in the Circuit Court by subsection (1) of this section shall be exercised by the judge of the circuit in which the offence charged has been committed or in which the accused person has been arrested or resides.
(4) In section 6 of the Courts of Justice Act, 1926 , as applied by section 48 of this Act, and in subsection (1) of section 14 of the Wireless Telegraphy Act, 1926 , the references to section 53 of the Act of 1924 shall be construed as references to subsection (3) of this section.
num: 26
paragraphs: —(1) A judge of the Circuit Court may, if he thinks fit, transfer the trial of a criminal issue from the place in his circuit where it is required by law to be held to any other place in that circuit, and, in that event, the trial shall be held at the place to which it is transferred with a jury drawn from the jury district or other area prescribed for trials by the Circuit Court sitting in the latter place.
(2) An order of a judge of the Circuit Court under subsection (1) of this section—
(a) may be made only on the application of the Attorney General or an accused person,
(b) may provide for matters ancillary or incidental to the transfer, and
(c) shall be final and unappealable.
num: 27
paragraphs: —(1) The jurisdiction which is by virtue of this Act vested in or exercisable by the Circuit Court, the Cork Local Admiralty Court and the Cork Local Bankruptcy Court respectively shall be exercised so far as regards pleading, practice and procedure generally, including liability to costs, in the manner provided by rules of court, and where, as regards the jurisdiction of the Cork Local Admiralty Court and the Cork Local Bankruptcy Court, there is no provision in such rules and so long as there is no rule in reference thereto, it shall be exercised as nearly as possible in the same manner as it might have been exercised by the former Recorder of Cork.
(2) The rule-making authority for the Circuit Court shall also be the rule-making authority for the Cork Local Admiralty Court and the Cork Local Bankruptcy Court.
num: 28
paragraphs: —The number of justices of the District Court, in addition to the President of the District Court, shall not be more than thirty-four.
num: 29
paragraphs: —(1) (a) Each of the persons who are justices of the existing District Court immediately before the operative date shall be qualified for appointment as a justice of the District Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as a justice of the District Court.
(b) Paragraph (a) of this subsection applies only in relation to the qualification for appointment of the first justices of the District Court.
(c) Subsections (2) and (3) of this section shall have effect subject to the preceding paragraphs of this subsection.
(2) A person who is for the time being a practising barrister or solicitor of not less than ten years' standing shall be qualified for appointment as a justice of the District Court.
(3) A barrister or solicitor who actually practised his profession for not less than ten years shall be qualified for appointment as a justice of the District Court if for the time being he holds an office in respect of which it was (at the time of his appointment thereto) required by statute that every person appointed thereto should be or should have been—
(a) a practising solicitor, or
(b) a practising barrister or solicitor.
(4) Where a person (being, immediately before the operative date, a justice of the existing District Court by virtue of a warrant made under section 2 of the Act of 1949) is appointed a justice of the District Court, he shall, for the purposes of the Act of 1949, as applied by section 48 of this Act, be deemed to have been continued in office under the Act of 1949, as so applied, for a year commencing on the date on which he attained—
(a) if the warrant is the first in respect of him, sixty-five years or
(b) if the warrant is the second in respect of him, sixty-six years, or
(c) if the warrant is the third in respect of him, sixty-seven years, or
(d) if the warrant is the fourth in respect of him, sixty-eight years, or
(e) if the warrant is the fifth in respect of him, sixty-nine years.
num: 30
paragraphs: —(1) The age of retirement of a justice of the District Court shall be sixty-five years.
(2) Notwithstanding subsection (1) of this section, the age of retirement of a justice of the District Court who, immediately before the 29th day of July, 1946, was a justice of the existing District Court and as such justice was permanently assigned to the Dublin Metropolitan District shall be seventy years.
(3) The references in section 2 of the Act of 1949, as applied by section 48 of this Act, to section 15 (repealed by this Act) of the Act of 1946 shall be construed as references to subsection (1) of this section.
num: 31
paragraphs: —(1) The provisions set out in Part III of the Second Schedule to this Act shall apply to the pensions of justices of the District Court.
(2) Where a justice of the District Court is removed from office on account of incapacity, he shall be deemed for the purpose of pension to have vacated his office owing to permanent infirmity.
num: 32
paragraphs: —(1) The areas created under section 21 (repealed by this Act) of the Act of 1953 shall be the district court areas for the purposes of the District Court.
(2) The districts created under section 22 (repealed by this Act) of the Act of 1953 and the Dublin Metropolitan District shall be the district court districts for the purposes of the District Court.
num: 33
paragraphs: —(1) There shall be vested in and transferred to the District Court—
(a) all jurisdiction which, by virtue of sections 77 and 78 of the Act of 1924, was, immediately before the operative date, vested in or capable of being exercised by the existing District Court,
(b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing District Court.
(2) (a) In this subsection—
“the Act of 1890” means the Public Health Acts Amendment Act, 1890 , as applied to Ireland by subsection (9) of section 12 of that Act and as amended by section 14 of the Act of 1935;
“the Act of 1935” means the Public Dance Halls Act, 1935 .
(b) Section 51 (which relates to music and dancing licences) of the Act of 1890 shall have effect as if for the references therein to licensing justices there were substituted references to the District Court.
(c) The jurisdiction vested in the District Court by this subsection shall be exercised by the justice of the District Court for the time being assigned to the district where there is situate the house, room, garden or other place in respect of which the licence under section 51 of the Act of 1890 is sought.
(d) Subsections (2) and (3) of section 2 and section 9 of the Act of 1935 shall have effect as if the references therein to a public dancing licence included references to a licence under paragraph 2 of section 51 of the Act of 1890.
(3) The District Court shall have jurisdiction to hear and determine an action for wrongful detention (including jurisdiction to make an order for the return of the goods claimed) where the value of the goods claimed does not exceed £50.
(4) (a) The District Court shall have jurisdiction to hear and determine any action commenced after the commencement of this Act which is founded on a credit-sale agreement (within the meaning of the Hire-Purchase Acts, 1946 and 1960) where the amount of the claim does not exceed one hundred pounds.
(b) Paragraph (a) of section 53 of the Act of 1936 shall not apply to an action—
(i) in which the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation in the State, and
(ii) to which paragraph (a) of this subsection relates.
num: 34
paragraphs: —The jurisdiction which is by virtue of this Act vested in or exercisable by the District Court shall be exercised as regards pleading, practice and procedure generally, including liability to costs, in the manner provided by rules of court made under section 91 of the Act of 1924, as applied by section 48 of this Act.
Provisions relating to the President of the District Court and to the Dublin Metropolitan District
num: 35
paragraphs: —(1) (a) A justice of the District Court shall be qualified for appointment as President of the District Court, provided however that a person who is a justice of the existing District Court immediately before the operative date shall be qualified for appointment as first President of the District Court.
(b) A person who is qualified for appointment as a justice of the District Court shall be qualified for appointment as President of the District Court, other than as first President thereof.
(2) The President of the District Court shall be permanently assigned by the Government to the Dublin Metropolitan District.
(3) If the President of the District Court is unable to act during any period, then, during that period, the senior of the justices permanently assigned to the Dublin Metropolitan District shall have and exercise the powers of the President under this Act.
num: 36
paragraphs: —(1) For ensuring the prompt and efficient discharge of the business of the District Court in the several districts thereof, the President of the District Court shall have and exercise the powers conferred on him by subsections (2), (3) and (4) of this section.
(2) (a) Where it appears to the President of the District Court that the conduct of a justice of the District Court is prejudicial to the prompt and efficient discharge of the business of that Court, he shall investigate the matter and may report the result of the investigation to the Minister.
(b) In the course of an investigation under this subsection, the President shall consult the justice concerned.
(3) (a) The President of the District Court may convene meetings of the justices of the District Court for the purpose of discussing matters relating to the discharge of the business of that Court, including, in particular, such matters as the avoidance of undue divergences in the exercise by the justices of the jurisdiction of that Court and the general level of fines and other penalties.
(b) Such meetings shall not be convened more frequently than twice in one year.
(c) Every justice shall attend at every such meeting unless unable to do so owing to illness or any other unavoidable cause and, where a justice is unable to attend such a meeting, he shall as soon as may be inform the President of the reason therefor.
(4) The President of the District Court may, whenever he thinks fit, make recommendations to the Minister in relation to the following matters:
(a) the number of justices of the District Court to be assigned to the Dublin Metropolitan District;
(b) the places for holding the District Court in or for any district court area; and
(c) the days and hours for holding the District Court in or for any district court area other than the area for the time being comprising the Dublin Metropolitan District.
num: 37
paragraphs: —On and from the operative date, the three Divisions of the justices permanently assigned to the Dublin Metropolitan District, being the Divisions formed by section 5 (repealed by this Act) of the Act of 1946, shall stand abolished.
num: 38
paragraphs: —(1) Each person who was nominated under subsection (1) of section 6 (repealed by this Act) of the Act of 1946 to be a Principal Justice of a Division of the Dublin Metropolitan Justices and who is appointed under subsection (1) of section 29 of this Act to be a justice of the District Court shall hold the office of Principal Justice of the Dublin Metropolitan District (to which District such person shall be permanently assigned by the Government) and shall hold that office so long as he holds the office of justice of the District Court.
(2) Where a person who holds the office of Principal Justice of the Dublin Metropolitan District ceases to hold that office, that office, in so far as it was held by that person, shall stand abolished.
num: 39
paragraphs: —On the operative date, the Minister shall, after consultation with the President of the District Court, determine the number of justices of the District Court to be permanently assigned to the Dublin Metropolitan District and may from time to time, as he shall think fit, after consultation with the said President, alter the number of justices to be so assigned to that District.
num: 40
paragraphs: —On the operative date, the Minister shall, after consultation with the President of the District Court, appoint the places in the Dublin Metropolitan District for the transaction of the business of the District Court in that District and may from time to time, as he shall think fit, after consultation with the said President, alter the places so appointed.
num: 41
paragraphs: —The Minister may from time to time, as he shall think fit, after consultation with the President of the District Court, determine the number of days in each week on which the justices of the District Court assigned to the Dublin Metropolitan District shall normally sit in that District for the transaction of the business of the District Court.
num: 42
paragraphs: —(1) The President of the District Court shall—
(a) arrange for the distribution of the business of the District Court in the Dublin Metropolitan District amongst the several justices of the District Court assigned to that District, and
(b) determine the class or classes of business to be transacted in each of the several places appointed by the Minister under section 40 of this Act for the transaction of the business of the District Court in the Dublin Metropolitan District and the days and hours at which such class or classes of business shall be transacted in the several places so appointed.
(2) Before arranging for the distribution of any business under paragraph (a) of subsection (1) of this section, the President shall consult with any Principal Justice of the Dublin Metropolitan District.
num: 43
paragraphs: —Before exercising the power conferred on him by paragraph (f) of subsection (1) of section 26 of the Act of 1953, as applied by section 48 of this Act, the Minister shall consult the President of the District Court.
num: 44
paragraphs: —The ex officio members of the District Court Rules Committee established by section 71 of the Act of 1936, as applied by section 48 of this Act, shall be the President of the District Court (who shall be chairman of the Committee) and such one of the district court clerks of the Dublin Metropolitan District as the Minister shall nominate in that behalf, who shall be secretary of the Committee.
num: 45
paragraphs: —(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 SaorstÃ¡t Ãireann 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 SaorstÃ¡t Ãireann or the Constitution, as the case may be, shall have full force and effect.
num: 46
paragraphs: —(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
num: 47
paragraphs: —(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.
num: 48
paragraphs: —(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—
num: 49
paragraphs: —(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—
num: 50
paragraphs: —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.
num: 51
paragraphs: —(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.
num: 52
paragraphs: —(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.
num: 53
paragraphs: — 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).
num: 54
paragraphs: —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.
num: 55
paragraphs: —(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.
num: 56
paragraphs: —(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.
num: 57
paragraphs: —(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.
num: 58
paragraphs: —(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.
num: 59
paragraphs: —(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.
num: 60
paragraphs: —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.
num: 61
paragraphs: —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.