DAIL EIREANN COURTS (WINDING-UP) ACT, 1925

AN ACT TO TRANSFER TO THE HIGH COURT THE POWERS AND JURISDICTIONS OF THE COMMISSIONERS AND ASSISTANT-COMMISSIONERS APPOINTED UNDER THE DÁIL EIREANN COURTS (WINDING-UP), ACT, 1923, AND FOR OTHER PURPOSES CONNECTED THEREWITH. [8th April, 1925.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 The Principal Acts.

1.—(1) In this Act—

the expression “the First Principal Act” means the Dáil Eireann Courts (Winding-Up) Act, 1923 (No. 36 of 1923);

the expression “the Second Principal Act” means the Dáil Eireann Courts (Winding-Up) Act, 1923 Amendment Act, 1924 (No. 32 of 1924);

the expression “the Principal Acts” means and includes the First Principal Act and the Second Principal Act.

• (2) All words and expressions used in this Act which are also used in the Principal Acts or either of them have in this Act the same meanings respectively as they have in the Principal Acts save that the expression “the Minister” means the Minister for Justice.

2 Commissioners to cease to hold office.

2.—On the 30th day of April, 1925, the several persons then holding the offices of Judicial Commissioner and Assistant-Commissioner respectively under the First Principal Act shall cease to hold such offices and thereafter no further appointments shall be made to such offices or any of them.

3 Transfer of jurisdictions and powers.

3.—(1) On the 1st day of May, 1925, all the jurisdictions and powers conferred on and exercisable by the Commissioners by and under the Principal Acts or either of them shall cease to be exercisable by the Commissioners or any of them and shall be transferred to and become and be vested in the High Court and shall on and after that day be exercisable by any Judge of that Court.

• (2) The jurisdictions and powers transferred to the High Court by this section shall be exercised by that Court in the manner prescribed by rules of court, which rules may provide for the exercise of such jurisdictions and powers or any of them being assigned to a particular Judge, and until such rules of court are made the said jurisdictions and powers may be exercised by the High Court in accordance, as nearly as may be, with the rules (other than rules relating to the quorum of the Commissioners) made by the Commissioners under section 21 of the First Principal Act and in force on the 30th day of April, 1925.

• (3) No appeal shall lie under section 7 of the First Principal Act or otherwise from the exercise by a Judge of the High Court of any of the jurisdictions or powers transferred by this section.

4 Determination of powers of Assistant-Commissioners.

4.—On the 1st day of May, 1925, all the jurisdictions and powers conferred on and exercisable by an Assistant-Commissioner by and under the Principal Acts or either of them shall determine and cease to be exercisable.

5 Provisions as to pending business.

5.—(1) In all applications to and proceedings before the Commissioners or any of them or an Assistant-Commissioner which shall have been fully heard but in which judgment shall not have been given or, having been given, shall not have been perfected before the 1st day of May, 1925, such judgment may be given and perfected respectively on or after the date aforesaid in the name of the Commissioners or of an Assistant-Commissioner (as the case may require) and generally in the same manner as if this Act had not been passed, and every such judgment shall take effect as if it had been duly perfected before the date aforesaid.

• (2) Every order made by the Commissioners or any of them or by an Assistant-Commissioner and duly perfected before the 1st day of May, 1925, or perfected under the foregoing sub-section on or after that date, may on or after the date aforesaid be enforced and, if necessary, amended or discharged by the High Court or a Judge thereof in like manner as if such order had been made by the High Court or a Judge thereof.

6 Execution of orders of Commissioners.

6.—On and after the 1st day of May, 1925, every order of the Commissioners or any of them or of an Assistant-Commissioner, whether perfected before that date or perfected under this Act on or after that date, and every judgment or order of the High Court given or made in exercise of any of the jurisdictions or powers transferred to it by this Act shall be executed in the like manner in all respects as judgments and orders of the High Court are for the time being executed in lieu of the manner prescribed by the Principal Acts.

7 Duties to be performed by officers of the High Court and the Land Commission.

7.—(1) The registrars, clerks, and other officers of or attached to the High Court shall perform such duties and render such services as shall be necessary for or incidental to the due exercise by the High Court of the jurisdictions and powers transferred to it by this Act, and such duties and services shall be distributed amongst such registrars, clerks, and other officers in such manner as the Minister shall direct.

• (2) Arrangements may be made by the President of the High Court with the consent of the Minister and of the Minister for Lands and Agriculture for the performance on or after the 1st day of May, 1925, by officers of the Land Commission in lieu of officers of the High Court of any duties or services necessary for or incidental to the due exercise by the High Court of the jurisdictions and powers conferred on the Commissioners by the Second Principal Act and transferred to the High Court by this Act.

8 Provisions as to the Registrar and the Register of Dáil Court Decrees.

8.—(1) On the 30th day of April, 1925, the person then holding the office of Registrar of Dáil Court Decrees shall cease to hold that office and that office shall cease to exist.

• (2) The duties, powers, and jurisdictions imposed or conferred on the Registrar by the Principal Acts or either of them shall on the 1st day of May, 1925, so far as such duties then remain to be performed and such powers and jurisdictions then remain exercisable, be transferred to and shall on and after that day be performed and exercised by such officer of the High Court as the Minister shall direct.

• (3) On the 1st day of May, 1925, the Register of Dáil Court Decrees and all other (if any) official records of or relating to the transactions of the Commissioners shall be transferred to the High Court and shall on and after that day be preserved with the records of that court, save that so much of the Register and other records aforesaid as relates to decrees of Dáil Land Courts or the exercise by the Commissioners of the jurisdictions and powers conferred on them by the Second Principal Act may, on or at any time after the 1st day of May, 1925, be transferred by the President of the High Court with the consent of the Minister and the Minister for Lands and Agriculture to the Land Commission and be thereafter preserved with the records of the Court of the Land Commission.

9 Provisions in regard to the Dáil Courts Fund and the Accountant thereof.

9.—(1) On the 30th day of April, 1925, the Dáil Courts Fund shall be closed and the balance (if any) then standing to the credit thereof shall be transferred or applied in such manner as the Minister shall, with the consent of the Minister for Finance, direct.

• (2) On and after the 1st day of May, 1925, all moneys payable to any person by virtue of an order made, whether before, on, or after that date, under section 17 of the First Principal Act shall be paid out of moneys provided by the Oireachtas.

• (3) On the 30th day of April, 1925, the person then holding the office of Accountant of the Dáil Courts Fund shall cease to hold that office and that office shall cease to exist.

• (4) On and after the 1st day of May, 1925, the duties, powers, and jurisdictions conferred on the Accountant by section 18 of the First Principal Act shall be performed and exercised by such officer of the Minister as he shall direct, and the said section 18 shall be construed and have effect as if such officer of the Minister were substituted therein for the Accountant.

• (5) All moneys paid on or after the 1st day of May, 1925, under section 18 of the First Principal Act to the officer of the Minister mentioned in the foregoing sub-section shall be applied and disposed of by such officer in such manner as the Minister, with the sanction of the Minister for Finance, shall direct, and all fines imposed before, on, or after the 1st day of May, 1925, under sub-section (4) of the said section 18 and paid or payable on or after that date shall be paid into the Exchequer.

10 Short title, construction, and citation.

10.—(1) This Act may be cited as the Dáil Eireann Courts (Winding-Up) Act, 1925.

• (2) The First Principal Act, the Second Principal Act, and this Act shall be read and construed as one Act, and all those Acts may be cited together as the Dáil Eireann Courts (Winding-Up) Acts, 1923 to 1925.