Court Officers Act , 1926

PRELIMINARY.

1 Short title and commencement.

1.—(1) This Act may be cited as the Court Officers Act, 1926.

(2) This Act shall come into operation on such day as shall be fixed by order of the Minister either generally or in respect of any particular Part of this Act, and different dates may be fixed for the commencement of different Parts of this Act.

2 Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Justice;

the expression “the Chief Justice” means the Chief Justice of the Irish Free State;

the word “court” means a court of justice established by the Courts of Justice Acts, 1924 and 1926 and does not include a court which though presided over by a judge or justice of one of those courts of justice was not established by those Acts.

PART I. The Supreme Court and the High Court.

3 Offices and principal officers.

3.—(1) There shall be attached to the High Court, the Supreme Court, and the Chief Justice respectively the following offices, that is to say:—

To the High Court,

The Central Office,

The Taxing-Master's Office,

The Probate Office,

The Bankruptcy Office,

The Examiner's Office,

The Accountant's Office;

To the Supreme Court,

The Office of the Registrar of the Supreme Court;

To the Chief Justice,

The Office of the Registrar to the Chief Justice.

(2) There shall be attached to the High Court, the Supreme Court, and the Chief Justice respectively the following officers (in this Part of this Act collectively referred to as principal officers), that is to say:—

To the High Court,

A Master who shall be styled the Master of the High Court,

Such number of Taxing-Masters as the Minister shall, with the sanction of the Minister for Finance, from time to time determine,

A Probate Officer,

A Registrar in Bankruptcy,

An Official Assignee in Bankruptcy,

An Examiner,

An Accountant;

To the Supreme Court,

A Registrar;

To the Chief Justice,

A Registrar.

(3) The Master of the High Court and the Taxing-Masters shall be appointed by the Executive Council and every other of the said principal officers shall be appointed by the Minister, and all the said principal officers (including the Master of the High Court and the Taxing-Masters) shall hold office at the pleasure of the Executive Council.

(4) No principal officer nor any officer for the time being nominated to be a registrar of the High Court shall be removed from his office without the concurrence of the Chief Justice and the President of the High Court.

(5) Subject to the persons respectively appointed thereto being in good health at the time of appointment, the offices of the Master of the High Court and of the Taxing-Masters shall be pensionable offices within the Superannuation Acts for the time being in force and there may be granted either to those officers themselves on retirement or to their legal personal representatives on death such superannuation and other allowances or gratuities as might under the Superannuation Acts for the time being in force have been granted had they been appointed to the permanent Civil Service of Saorstát Eireann with certificates from the Civil Service Commissioners.

(6) The Master of the High Court and every Taxing-Master shall retire from office on attaining the age of seventy years, but such age of retirement may, in the case of any Taxing-Master who was immediately before the commencement of this Part of this Act a Taxing-Master attached to the High Court, be extended by the Minister with the concurrence of the Minister for Finance to any age not exceeding seventy-five years.

4 The Central Office.

4.—(1) The Central Office shall be under the management of the Master of the High Court, and there shall be transacted in that office all such business as is from time to time directed by statute or rule of court to be transacted therein and also all other business of the High Court except such business as is for the time being required by law to be transacted by or before one or more judges or a master and except such business as is for the time being assigned by law to another office of the High Court.

(2) Such and so many as the Minister shall think proper of the officers for the time being serving in the Central Office shall be nominated by the Minister to be registrars of the High Court and every such registrar (in addition to any other duties which may be assigned to him by the Master of the High Court) shall act as registrar to the High Court as and when directed so to do by the Master of the High Court.

5 The Master of the High Court.

5.—(1) The Master of the High Court shall have the general superintendence and control of such of the offices established by this Part of this Act as are attached to the High Court but shall in the exercise of such superintendence and control be subject to the general direction of the Minister in regard to all matters of general administration and to the directions of the President of the High Court in regard to all matters relating to the conduct of that part of the business of the High Court which is for the time being required by law to be transacted by or before one or more of the Judges of that Court.

(2) In addition to the general superintendence and control aforesaid the Master of the High Court shall also have and exercise such powers and authorities and perform and fulfil such duties and functions as shall be from time to time conferred on or assigned to him by statute or rule of court, and in particular (unless and until otherwise provided by statute or rule of court) shall have and perform all such other powers, authorities, duties and functions as are or become vested in him by virtue of any other provision of this Act.

6 The Taxing-Master's Office.

6.—The Taxing-Master's Office shall be under the management of the Taxing-Master or, whenever there is more than one Taxing-Master, the senior Taxing-Master, and there shall be transacted in that office the business of the Taxing-Masters other than such business as is required by law to be performed by a Taxing-Master in person.

7 The Taxing Masters.

7.—The several Taxing-Masters shall have and exercise such powers and authorities and perform and fulfil such duties and functions as shall from time to time be conferred on or assigned to them by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) shall have and exercise all such powers and authorities and perform and fulfil all such duties and functions in relation to the High Court, the Supreme Court, the Court of Criminal Appeal, and the Chief Justice as were formerly possessed and performed by the Taxing-Masters of the Supreme Court of Judicature in Ireland in relation to that Court, and shall also have, exercise, perform and fulfil such other powers, authorities, duties and functions as were immediately before the passing of the Courts of Justice Act, 1924 (No. 10 of 1924) vested or imposed by law in or on the Taxing Masters of the Supreme Court of Judicature then existing.

8 The Probate Office.

8.—The Probate Office shall be under the management of the Probate Officer and there shall be transacted therein all such business as shall from time to time be assigned thereto by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) all the business which immediately before the passing of this Act was required by law to be transacted in the Principal Probate Registry and also such other business as has heretofore been transacted in the offices of the Principal Probate Registrar.

9 The Probate Officer.

9.—The Probate Officer shall have and exercise all such powers and authorities and perform and fulfil such duties and functions as shall from time to time be conferred on or assigned to him by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) shall have and exercise all such powers and authorities as immediately before the passing of this Act were vested by law in the Principal Probate Registrar or an Assistant Probate Registrar and shall perform and fulfil such duties and functions as immediately before the passing of this Act were required by law to be or were in fact performed or fulfilled by the Principal Probate Registrar and the Assistant Probate Registrars respectively.

10 The Bankruptcy Office.

10.—(1) The Bankruptcy Office shall consist of two branches whereof one branch shall be styled the Registrar's Branch and the other shall be styled the Official Assignee's Branch.

(2) The Registrar's Branch of the Bankruptcy Office shall be under the management of the Registrar in Bankruptcy and there shall be transacted therein all such business as shall from time to time be assigned thereto by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) all such business as was formerly transacted in the Bankruptcy Office of the King's Bench Division of the High Court of Justice in Ireland.

(3) The Official Assignee's Branch of the Bankruptcy Office shall be under the management of the Official Assignee in Bankruptcy and there shall be transacted therein all such business as shall from time to time be assigned thereto by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) all such business as was formerly transacted in the Office of the Official Assignee of the King's Bench Division of the High Court of Justice in Ireland.

11 The Registrar in Bankruptcy.

11.—The Registrar in Bankruptcy shall have and exercise all such powers and authorities and perform and fulfil such duties and functions as shall from time to time be conferred on or assigned to him by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) shall have and exercise all such powers and authorities as were formerly vested in the Chief Registrar in Bankruptcy of the King's Bench Division of the High Court of Justice in Ireland and shall perform and fulfil such duties and functions as were formerly required by law to be or were in fact performed or fulfilled by the said Chief Registrar and the Registrar and Deputy Registrar in Bankruptcy of the said King's Bench Division respectively.

12 The Official Assignee in Bankruptcy.

12.—The Official Assignee in Bankruptcy shall have and exercise all such powers and authorities and perform and fulfil such duties and functions as shall from time to time be conferred on or assigned to him by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) shall have and exercise all such powers and authorities as were formerly vested by law in the Official Assignee in Bankruptcy of the King's Bench Division of the High Court of Justice in Ireland and shall perform and fulfil such duties and functions as were formerly required by law to be or were in fact performed or fulfilled by the said Official Assignee.

13 The Examiner's Office.

13.—The Examiner's Office shall be under the management of the Examiner and there shall be transacted in that office all such business as shall from time to time be assigned thereto by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) all such business as was formerly transacted in the offices attached to the respective Chambers of the Master of the Rolls and the ordinary judge of the Chancery Division of the High Court of Justice in Ireland and also such business as was formerly transacted in the offices attached to the Land Judge of the said Chancery Division including the offices attached to that Judge in his capacity of Receiver Judge.

14 The Examiner.

14.—The Examiner shall have and exercise all such powers and authorities and perform and fulfil such duties and functions as shall from time to time be conferred on or assigned to him by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) shall perform and fulfil such duties and functions as were formerly performed or fulfilled by the several Chief Clerks and Assistant Chief Clerks of the Master of the Rolls and the ordinary judge of the Chancery Division of the High Court of Justice in Ireland respectively and by the Chief Receiver or the Receiver-Examiner.

15 The Accountant's Office.

15.—The Accountant's Office shall be under the management of the Accountant and there shall be transacted in that office all such business as shall from time to time be assigned thereto by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) all such business in relation to the High Court, the Supreme Court, and the Chief Justice as was formerly transacted in the Consolidated Accounting Office of the Supreme Court of Judicature in Ireland in relation to that Court and in relation to the Lord Chancellor for Ireland.

16 The Accountant.

16.—The Accountant (who shall be styled the Accountant of the Courts of Justice) shall have and exercise all such powers and authorities and perform and fulfil such duties and functions as shall from time to time be conferred on or assigned to him by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) shall perform and fulfil in relation to the High Court, the Supreme Court, and the Chief Justice all such duties and functions as were formerly performed and fulfilled by the Accountant-General of the Supreme Court of Judicature in Ireland in relation to that Court and in relation to the Lord Chancellor for Ireland.

17 The Office of the Registrar of the Supreme Court.

17.—The Office of the Registrar of the Supreme Court shall be under the management of the Registrar of the Supreme Court and there shall be transacted in that office all the business of the Supreme Court (except such business as is for the time being required by law to be transacted by or before one or more of the judges of that Court) and also all the business of the Court of Criminal Appeal (except such business as is for the time being required by law to be transacted by or before one or more of the judges of that Court).

18 The Registrar of the Supreme Court.

18.—(1) The Registrar of the Supreme Court shall have the superintendence and control of the Office of the Registrar of the Supreme Court but shall in the exercise of such superintendence and control be subject to the general direction of the Minister in regard to all matters of general administration and to the directions of the Chief Justice in regard to all matters relating to the conduct of that part of the business of the Supreme Court and the Court of Criminal Appeal respectively which is for the time being required by law to be transacted by or before one or more of the judges of those courts respectively.

(2) In addition to the superintendence and control aforesaid the Registrar of the Supreme Court shall act as registrar to that Court and also as Registrar to the Court of Criminal Appeal and shall perform and fulfil in relation to those Courts all such duties and functions as are usually performed and fulfilled by the registrar of a court and shall also have and exercise such powers and authorities and perform and fulfil such duties and functions as shall from time to time be assigned to him by statute or rule of court.

19 The Office of the Registrar to the Chief Justice.

19.—The Office of the Registrar to the Chief Justice shall be under the management of the Registrar to the Chief Justice and there shall be transacted in that office all such business as shall from time to time be assigned thereto by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) all such business in relation to the exercise of the jurisdictions transferred to the Chief Justice by section 10 of the Courts of Justice Act, 1924 (No. 10 of 1924), as was formerly transacted in relation to the exercise of those jurisdictions in the Lunacy Office of the Lord Chancellor of Ireland or in the offices attached to the Chambers of the said Lord Chancellor or in any other office attached to the former Supreme Court of Judicature.

20 The Registrar to the Chief Justice.

20.—(1) The Registrar to the Chief Justice shall have the superintendence and control of the Office of the Registrar to the Chief Justice and shall in the exercise of such superintendence and control be subject to the general direction of the Minister in regard to all matters of general administration and to the directions of the Chief Justice in regard to all matters relating to the exercise of the jurisdictions transferred to the Chief Justice by section 19 of the Courts of Justice Act, 1924 (No. 10 of 1924).

(2) In addition to the superintendence and control aforesaid the Registrar to the Chief Justice shall have and exercise all such powers and authorities and perform and fulfil such duties and functions in relation to the exercise of the jurisdictions transferred to the Chief Justice by section 19 of the Courts of Justice Act, 1924 (No. 10 of 1924), as shall from time to time be conferred on or assigned to him by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) shall have and exercise all such powers and authorities as were formerly vested in the Registrar in Lunacy in Ireland or in the Chief Clerk to the Lord Chancellor for Ireland and shall perform and fulfil all such functions and duties in relation to the exercise of the jurisdictions aforesaid as were formerly performed and fulfilled by the said Registrar in Lunacy and the said Chief Clerk respectively.

21 Qualification for Master of the High Court.

21.—No person shall be appointed under this Act to be Master of the High Court unless at the time of his appointment he is either—

(a) a barrister of not less than ten years standing who is then actually practising, or

(b) a barrister who has practised for not less than ten years and is at the passing of this Act an officer attached to the Supreme Court, the High Court, or the Chief Justice.

22 Qualification for Taxing-Master.

22.—No person shall be appointed under this Act to be a Taxing-Master unless either—

(a) he is at the time of his appointment a solicitor of not less than ten years standing who either is then actually practising or has previously practised for not less than ten years, or

(b) he was, immediately before the commencement of this Part of this Act, a Taxing-Master attached to the High Court.

23 Qualification for Probate Officer.

23.—No person shall be appointed under this Act to be a Probate Officer unless either—