Dáil Éireann Courts (Winding-Up) Act , 1923

1 Definitions.

1.—(1) In this Act—

the expression “the Commissioners” means the Judicial Commissioners appointed under this Act;

the word “Register” means the Register of Dáil Court Decrees established under this Act;

the expression “registered decree” means a decree of a Dáil Court duly registered in the Register;

the word “Registrar” means the Registrar of Dáil Court Decrees appointed under this Act;

the word “Accountant” means the Accountant of the Dáil Courts Fund appointed under this Act;

the word “decree” when used in relation to a Dáil Court includes judgment and order;

the expression “Dáil Court” means any court which was constituted under a Decree made in the year 1920 by the Minister for Home Affairs purporting to act under the authority of the Dáil Eireann constituted to be the Government of Saorstát Eireann by the members who were elected for constituencies in Ireland and who first assembled in a Parliament held in the Mansion House at Dublin on the 21st day of January, 1919;

the word “Minister” means the Minister for Home Affairs;

the word “prescribed” means prescribed by rules or regulations made under this Act.

(2) For the purpose of this Act the authority of all Parish and District Dáil Courts outside the City of Dublin shall be deemed to have been withdrawn on the 30th day of October, 1922, and the authority of all other Dáil Courts shall be deemed to have been withdrawn on the 25th day of July, 1922.

2 Appointment of Judicial Commissioners and Assistant Commissioners for the purpose of this Act.

2.—(1) It shall be lawful for the Governor-General of the Irish Free State, on the advice of the Executive Council of Saorstát Eireann, to appoint a fit and proper person to be Chief Judicial Commissioner and such and so many fit and proper persons as he shall, on the advice aforesaid think proper, to be respectively puisne Judicial Commissioners and Assistant Commissioners for the purposes of this Act.

(2) Every person appointed to be a Judicial Commissioner under this section shall have been a Judge of the Dáil Supreme Court or shall be a practising barrister of not less than ten years' standing, and every person appointed to be an Assistant Commissioner under this section shall have been a Circuit Judge of a Dáil Court or shall be a practising barrister of not less than six years' standing, or a District Justice.

(3) Every person appointed to be a Judicial Commissioner or an Assistant Commissioner under this section may be dismissed or removed at the pleasure of the Governor-General of the Irish Free State on the advice of the Executive Council.

(4) The Judicial Commissioners and Assistant Commissioners appointed under this section shall be paid, out of moneys to be provided by the Oireachtas, such salaries and allowances as shall be fixed by the Minister for Home Affairs with the consent of the Minister for Finance.

3 Commissioners to have a seal.

3.—(1) The Commissioners shall have a common seal which shall be judicially noticed by all courts in Saorstát Eireann.

(2) The Commissioners shall by the rules made by them under this Act prescribe the form of such seal and the times and manner in which it is to be used and authenticated.

4 Proceedings pending in Dáil Courts may be heard by the Commissioners.

4.—(1) Any party to any proceeding which was pending in any Dáil Court at the date when the authority of such Court-was withdrawn may apply in the prescribed manner to the Commissioners to have such proceedings heard and determined by the Commissioners, and thereupon the Commissioners shall hear and determine the same.

(2) The appellant in any appeal which was pending in any Dáil Court at the date when the authority of such Court was withdrawn may apply to the Commissioners in the prescribed manner to have such appeal heard and determined by the Commissioners, and thereupon the Commissioners shall hear and determine the same.

5 Appeals from and enforcement of Dáil Court decrees.

5.—(1) Any person who claims to be aggrieved by any registered decree of a Dáil Court other than the Dáil Supreme Court and who was a party to the proceedings in which such decree was made or is otherwise bound by such decree may appeal within the prescribed time and in the prescribed manner from such decree to the Commissioners, and thereupon the Commissioners shall hear and determine such appeal.

(2) Any person who claims to be aggrieved by any registered decree of a Dáil Supreme Court and who was a party to the proceedings in which such decree was made or is otherwise bound by such decree may apply within the prescribed time and in the prescribed manner to the Commissioners for leave to appeal to the Commissioners from such decree, and in the event of such leave being granted, such person may appeal within the prescribed time and in the prescribed manner to the Commissioners from such decree, and thereupon the Commissioners shall hear and determine such appeal.

(3) Any person entitled to enforce any registered decree of a Dáil Court in respect of which no appeal is brought under this section may, after the expiration of the prescribed time for bringing such appeal, obtain, as of course, from the Commissioners a warrant for the execution of such decree.

(4) No decree of a Dáil Court shall be of any force or effect or be capable of being sued upon or enforced before or by the Commissioners or any other court or otherwise howsoever unless such decree is duly registered under this Act.

(5) No registered decree of a Dáil Court shall be capable of being sued upon or enforced before or by any court or otherwise howsoever save by such proceedings or other steps as are authorised by this Act, but nothing in this Act shall prevent any registered decree being pleaded and given in evidence by way of defence or set-off in any proceeding.

6 Certain cases may be heard by an Assistant Commissioner.

6.—(1) Any of the applications following may, in lieu of being made to the Commissioners, be made to an Assistant Commissioner, that is to say:—

(a) any application for the hearing and determination of a proceeding which was pending in a Dáil Parish Court or a Dáil District Court when the authority of such Court was withdrawn;

(b) any application for the hearing and determination of an appeal from a Dáil Parish Court which was pending in a Dáil District Court when the authority of such Court was withdrawn;

(c) any appeal from a registered decree of a Dáil Parish Court or of an ordinary sitting of a Dáil District Court;

(d) any interlocutory application in any of the above-mentioned cases.

(2) An Assistant Commissioner when hearing any case or application under this section shall have the same powers and authorities as the Commissioners would have under this Act when hearing a like case or application, and all the provisions of this Act in relation to the registration and enforcement of orders of the Commissioners shall apply to orders made by an Assistant Commissioner under this section.

(3) Any person aggrieved by an order of an Assistant Commissioner under this section and who was a party to the proceedings in which such order was made or is otherwise bound by such order, may appeal within the prescribed time and in the prescribed manner from such order to the Commissioners, who shall thereupon hear and determine such appeal.

This sub-section shall not apply to orders made in matters which were pending in a Dáil Parish Court when the authority of such Court was withdrawn or to orders made on appeal from a decree of a Dáil Parish Court.

7 Appeal from order of one Commissioner.

7.—(1) An appeal shall lie to the Commissioners from any order made by one Judicial Commissioner sitting alone. This sub-section shall not apply to orders made in matters which were pending in a Dáil Parish Court when the authority of such court was withdrawn or to orders made on appeals from a decree of a Dáil Parish Court or to orders made on appeal from the Registrar in relation to the registration or non-registration of a decree of a Dáil Court.

(2) No Commissioner shall take part in the hearing of an appeal from an order made by him.

8 Conflicting orders of other courts may be stayed by Commissioners.

8.—(1) Whenever it shall be shown to the satisfaction of the Commissioners that a judgment, decree or order has been given or made by any other court in respect of any matter or state of facts which is the subject of proceedings before the Commissioners, the Commissioners may on the application in the prescribed manner of any person affected by such judgment, decree or order stay the execution of such judgment, decree or order, or of any specified portion thereof, during such time and to such extent as the Commissioners shall think fit.

(2) It shall not be lawful for any Under-Sheriff or other officer or for any person to execute or procure the execution of any judgment, decree or order, or the specified portion thereof, the execution whereof has been stayed by the Commissioners under this section.

9 Stay of conflicting proceedings in other courts.

9.—Wherever it shall be shown to the satisfaction of the Commissioners that any matter or state of facts which is the subject of proceedings before the Commissioners, is also the subject of proceedings before any other court in Saorstát Eireann, it shall be lawful for the Commissioners on the application in the prescribed manner of any party to such first mentioned proceedings, to issue to the court in which the second-mentioned proceedings are pending information and particulars of the proceedings so pending before the Commissioners, and thereupon such court shall stay the proceedings pending before it so far as such proceedings relate to or affect the matters or state of facts which are or is the subject of the proceedings before the Commissioners.

10 Reference of issue of fact to County or District Court.

10.—(1) The Commissioners may refer any issue of fact arising in any proceedings before them and which in their opinion can be more conveniently tried in a particular County or District Court, to the County Court Judge or District Justice of such court to be tried and determined by him, notwithstanding that the trial of such issue is by reason of the amount of money or the value of the property involved, or for any other reason, outside the jurisdiction of such County Court Judge or District Justice.

(2) A County Court Judge or District Justice to whom an issue is referred under this section shall at the first convenient opportunity, either at his regular sittings or at a special sitting, try and determine such issue and shall specify his finding thereon in writing to the Commissioners.

(3) A County Court Judge or District Justice when trying an issue referred to him under this section shall have the same powers, whether for summoning a jury, compelling the attendance of witnesses, preserving order in his court, requiring the assistance of the officers of his court or otherwise, in relation to the conduct of such trial as he has by law in relation to the conduct of the trial on a civil bill or District Court summons, as the case may be.

(4) No fees shall be charged in any County or District Court in relation to an issue referred to the Judge or Justice of such court under this section.

(5) No issue shall be referred under this section to a County Court Judge or District Justice without the consent of such Judge or Justice.

11 Appointment of Registrar of Dáil Court Decrees.

11.—(1) The Minister may appoint a fit and proper person to be Registrar of Dáil Court Decrees, who shall keep the Register of Dáil Court Decrees established by this Act, and shall also act as Registrar of the Court of the Commissioners and perform such other duties as may be from time to time assigned to him by the Minister or by the Commissioners with the consent of the Minister.

(2) The Registrar shall hold office by such tenure and on such terms and shall be paid out of moneys to be provided by the Oireachtas such salary or remuneration as the Minister shall, with the consent of the Minister for Finance, direct.

12 Establishment of Register of Dáíl Court Decrees.

12.—(1) The Minister shall cause a Register of Dáil Court Decrees to be opened and maintained and shall give public notice by advertisement or otherwise of the establishment of such Register, and shall in such public notice prescribe a date, not being sooner than two months or later than four months after the passing of this Act, before which any person may give notice to the Registrar of any decree made by a Dáil Court in a matter or proceeding to which he or any deceased person whose personal representative he is was a party or by which he or such deceased person is bound.

(2) The Registrar shall enter in the Register particulars of every decree of a Dáil Court of which he receives—

(a) notice before the date named in the advertisements aforesaid; and

(b) such evidence as in his opinion is reasonably sufficient to establish the fact of such decree having been made, the court by which and the date on which the same was made and the terms thereof; and

(c) such particulars as are in the possession of or can reasonably be obtained by the person giving such notice of the names and addresses of all persons affected or bound by such decrees, and the names and addresses of the solicitors (if any) who acted for such persons respectively in the matter in which such decree was made.

(3) Within the prescribed time after entering a decree in the Register the Registrar shall give, in the prescribed manner, notice of the registration of such decree to every person appearing to be affected or bound thereby and to the solicitors (if any) appearing to have acted for such persons respectively in the matter in which such decree was made.

(4) Any person aggrieved by the registration, or by a refusal of the Registrar to register, a decree of a Dáil Court may appeal in the prescribed manner to the Commissioners, who shall make such order in the matter as appears to them to be just.

(5) No decree made by a Dáil Court after the date on which the authority of such court was withdrawn shall be entered on the Register.

(6) Any advertisements published by the Minister before the passing of this Act inviting persons to furnish particulars of decrees of Dáil Courts shall be deemed to have been published under this section, and all such particulars as may have been or shall be received by the Minister pursuant to such advertisements shall be communicated by him to the Registrar and shall be deemed to be a notice under this section to the Registrar of the decree to which they relate and shall be dealt with by the Registrar accordingly.

13 Orders, etc., of Commissioners to be entered in Register.

13.—Every order, judgment and decree made by the Commissioners, and also all such other documents relating to proceedings before the Commissioners as shall be prescribed shall be entered on the Register.

14 Transfer of Register and records to High Court.

14.—Upon the final completion of the business of the Commissioners under this Act the Register and all other (if any) official records of or relating to the transactions of the Commissioners shall be transferred to the High Court and preserved with the records of that court.

15 Appointment of Accountant of Dáil Courts Fund.

15.—(1) The Minister may appoint a fit and proper person to be Accountant of the Dáil Courts Fund, who shall keep the accounts of that Fund and shall perform such other duties as may be from time to time assigned to him by the Minister.

(2) The Accountant of the Dáil Courts Fund shall hold office by such tenure and on such terms and shall be paid out of moneys to be provided by the Oireachtas such salary or remuneration as the Minister shall, with the consent of the Minister for Finance, direct.

(3) The accounts of the Dáil Courts Fund shall be audited by the Comptroller and Auditor-General in such manner and at such times as may be prescribed by the Minister for Finance.

16 Establishment of Dáil Courts Fund.

16.—(1) There shall be established for the purposes of this Act a Fund to be called and known as “the Dáil Courts Fund” and, in addition to the moneys directed by or under this Act to be paid into such Fund, there shall from time to time be placed to the credit of the Dáil Courts Fund out of moneys provided by the Oireachtas such sums as the Minister for Finance shall direct.

(2) The Dáil Courts Fund shall be kept, and all drawings thereon shall be authenticated, in such manner and by such persons or person as the Minister for Finance shall from time to time direct.

(3) Upon the final completion of the business of the Commissioners under this Act, and the payment and receipt of all moneys payable out of or into the Dáil Courts Fund under this Act, the balance (if any) then standing to the credit of the Dáil Courts Fund shall be paid into the Exchequer of Saorstát Eireann and that Fund shall be closed.

17 Commissioners may make certain payments out of Dáil Courts Fund.

17.—(1) It shall be lawful for the Commissioners wherever it appears to them to be just so to do on the application in the prescribed manner of any person (in this section called “the applicant”) to order the payment to the applicant out of the Dáil Courts Fund of such sum of money as the Commissioners shall think proper in—

(a) repayment of any moneys paid by the applicant, or by any deceased person whose personal representative the applicant is, to any official or authority of any Dáil Court by way of deposit, security or otherwise under any general or special rule or order of such court; or

(b) in repayment of any moneys paid by the applicant or any such deceased person as aforesaid by direction of a Dáil Court for the use or benefit of such Dáil Court.

(2) Where the sum of money claimed by an applicant under this section does not exceed thirty pounds the application may be made to an Assistant Commissioner and such Assistant Commissioner shall have in relation to such application all the powers conferred on the Commissioners by this section.

18 Delivery to Accountant of money and accounts of Dáil Courts.

18.—(1) Every person whose duty it was to receive or pay out moneys in connection with any Dáil Court or who came into possession of any moneys for which he was accountable to a Dáil Court, shall within one month after the passing of this Act deliver to the Accountant a full and true account of all such moneys and pay to the Accountant for lodgment in the Dáil Courts Fund the balance appearing on such account to be still in his hands.

(2) Every person who has in his possession any accounts relating to the receipt or payment of any moneys for which such person or any other person was accountable to a Dáil Court shall within one month after the passing of this Act deliver such accounts to the Accountant.