Courts (Supplemental Provisions) Act , 1961

Type Act
Publication 1961-08-16
State In force
articles 61
Reform history JSON API

SECOND SCHEDULE Pensions of Judges of Courts Established by the Principal Act

Part I Pensions of Judges of Supreme Court and High Court

1.

In this Part “service” means service as a judge of the Supreme Court, the High Court, the Circuit Court, the existing Supreme Court, the existing High Court or the existing Circuit Court.

2.

(1) This paragraph applies to a judge of the Supreme Court or the High Court who—

(a) was appointed a judge of the existing Supreme Court or the existing High Court after the passing of the Act of 1953, or

(b) never held office as a judge of the existing Supreme Court or the existing High Court.

(2) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, having reached the age of sixty-five years, vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.

3.

(1) This paragraph applies to a judge of the Supreme Court or the High Court who held office as a judge of the existing Supreme Court or the existing High Court on the passing of the Act of 1953.

(2) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards and less than fifteen years' service a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five.

Part II Pensions of Judges of Circuit Court

4.

In this Part “service” means service as a judge of the Circuit Court or the existing Circuit Court or as a justice of the District Court or the existing District Court.

5.

(1) This paragraph applies to a judge of the Circuit Court who—

(a) was appointed a judge of the existing Circuit Court after the passing of the Act of 1953, or

(b) never held office as a judge of the existing Circuit Court.

(2) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, having reached the age of sixty-five years, vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.

6.

(1) This paragraph applies to a judge of the Circuit Court who held office as a judge of the existing Circuit Court on the passing of the Act of 1953.

(2) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards and less than fifteen years' service a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five.

Part III Pensions of Justices of District Court

7. In this Part—

“justice”, where used without qualification, means a justice of the District Court;

“service”, in relation to a justice, means any service by him, being—

(a) service as a District Justice under the District Justices (Temporary Provisions) Act, 1923,

(b) service as a justice of the existing District Court,

(c) service as an additional justice, appointed under section 13 of the Courts of Justice Act, 1928, of the existing District Court, or

(d) service as a justice;

“the Superannuation Acts” means the Superannuation Act, 1834, as amended and extended by subsequent enactments, other than the Superannuation Act, 1956.

8.

(1) This paragraph applies to a justice who—

(a) was appointed a justice of the existing District Court on or after the passing of the Act of 1936, or

(b) never held office as a justice of the existing District Court.

(2) There shall be granted to a justice to whom this paragraph applies and who, having reached the age of sixty-five years, vacates his office after twenty years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a justice to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-thirtieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.

9.

(1) This paragraph applies to a justice who held office as a justice of the existing District Court on the passing of the Act of 1936.

(2) Unless and until he makes the election provided for in subparagraph (3) of this paragraph, the following provisions shall apply to a justice to whom this paragraph applies, namely, his office shall be a pensionable office within the meaning of the Superannuation Acts, and the superannuation allowance, additional allowance or gratuity granted to or in respect of him on the vacation of his office shall be ascertained in the manner and subject to the conditions prescribed by those Acts, and a certificate by the Chief Justice shall be a sufficient certificate for the purposes of section 8 of the Superannuation Act, 1859.

(3) A justice to whom this paragraph applies may, by notice in writing sent to the Minister for Finance at any time before he vacates his office, elect to accept the pension terms provided by this subparagraph, and in that case the following provisions shall apply to him—

(a) there shall be granted to him, if he vacates his office after thirty years' service or upwards, a pension for life of two-thirds of his remuneration at the time of such vacation of office;

(b) there shall be granted to him, if, owing to age or permanent infirmity, he vacates his office after ten years' service or upwards and less than thirty years' service, a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-fortieth of such remuneration for every completed year of service in excess of ten.

10.

Where—

(a) a justice, having completed ten years' service or upwards, vacates his office with the consent of the Government, and

(b) such justice is not entitled under paragraphs 8 or 9 of this Schedule to a pension in respect of his service,

he shall be entitled to a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-fortieth of such remuneration for every completed year of service in excess of ten, subject to a maximum pension of two-thirds of such remuneration.

THIRD SCHEDULE Civil Proceedings In Respect Of Which The Jurisdiction Of The High Court Is, With Quantitative Limitations, Conferred On The Circuit Court, And Judges Of The Circuit Court By Whom The Jurisdiction Is To Be Exercised

Ref.No Civil proceedings in respect of which jurisdiction is conferred on the Circuit Court Exclusion of jurisdiction (except by consent of necessary parties) in certain cases Judge of Circuit Court by whom jurisdiction is to be exercised
(1) (2) (3) (4)
1. An action (other than an action of the kind specified in column (2) of this Schedule at reference number 3, 4 or 5) founded on contract or quasi-contract. Where the amount of the claim exceeds £600. At the election of the plaintiff (whether the claim be to enforce, rescind, dissolve or annul the contract or for damages or other relief for the breach thereof)— (a) the judge of the circuit within which the contract was made, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.
2. An action (other than an action of the kind specified in column (2) of this Schedule at reference number 3, 4 or 5) founded on contract where the debt or demand claimed consists of a balance after a set-off of any debt or demand claimed or recoverable by the defendant from the plaintiff, being a set-off admitted by the plaintiff in the particulars of his claim or demand. Where the amount of the balance claimed exceeds £600.
3. An action by the owner of goods let under a hire-purchase agreement (within the meaning of the Hire -Purchase Acts, 1946 and 1960) to enforce a right to recover possession of the goods from the hirer. Where the hire-purchase price (within the meaning of the said Acts) exceeds £l,000. Where the amount of the claim exceeds £1,000. In case the defendant or one of the defendants ordinarily resides or carries on business in the State—the judge of the circuit where the defendant or one of the defendants resides or carries on business. In any other case—the judge of the circuit within which the hire-purchase agreement was made.
4. An action by the owner of goods let under a hire-purchase agreement (within the meaning of the Hire - Purchase Acts, 1946 and 1960) to enforce payment of a sum due under the hire-purchase agreement or under any contract of guarantee relating thereto.
5. An action commenced after the commencement of the Act founded on a credit-sale agree ment (within the meaning of the Hire-Purchase Acts, 1946 and 1960). Where the amount of the claim exceeds £1,000. In case the defendant or one of the defendants ordinarily resides or carries on business in the State—the judge of the circuit where the defendant or one of the defendants resides or carries on business. In any other case—the judge of the circuit within which the credit-sale agreement was made.
6. An action (other than an action for wrongful detention or matrimonial proceedings) founded on tort (other than criminal conversation with a man's wife). Where the amount of the claim exceeds £600. At the election of the plaintiff— (a) the judge of the circuit where the tort is alleged to have been committed, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.
7. An action for wrongful detention. Where the value of the goods claimed exceeds £600.
8. An action in which the title to land comes into question, other than an action of ejectment. Where the rateable valuation of the land exceeds £60. The judge of the circuit where the land or any part of the land is situate.
9. An action of ejectment other than— (a) an action under section 82 of the Civil Bill Courts (Ireland) Act, 1851, or under section 78 of 80 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 (hereinafter in this Schedule referred to as the Act of 1860), or (b) an action of the kind specified in column (2) of this Schedule at reference number 10.
10. An action of ejectment for a year's rent in arrear maintainable in the High Court under section 52 of the Act of 1860. Where the rateable valuation of the land exceeds £60. The judge of the circuit where the land in respect of which the rent in arrear is payable or any part of that land is situate.
11. An action for rent in arrear maintainable in the High Court under section 45 of the Act of 1860. Where the rent in arrear exceeds £600.
12. An action for use and occupation of land maintainable in the High Court under section 46 of the Act of 1860. Where the amount claimed exceeds£600. The judge of the circuit where the land or any part of the land is situate.
13. An action for double rent for overhold-ing land maintainable in the High Court under section 76 of the Act of 1860.
14. An action to recover double the value of goods fraudulently carried off or concealed or clandestinely removed to prevent distress for arrears of rent and maintainable in the High Court under section 3 of the pre-Union Irish statute 15 Geo. 2. c. 8 (Ir.) (1741) entitled “An Act for the more effectual securing the payment of rents, and preventing frauds by tenants”. Where the value of the goods removed exceeds £300. The judge of the circuit where the defendant or one of the defendants resides or carries on business.
15. An application under—(a) section 34 or 52 of the Registration of Title Act, 1891, or (b) section 13 of the Registration of Title Act, 1942 (No. 26 of 1942). Where the rateable valuation of the land exceeds £60. The judge of the Circuit where the land or any part of the land is situate.
16. An action in respect of the grant or revocation of the grant of probate of the will or letters of administration of the estate of a deceased person in case there is any contention in relation thereto. Where the estate of the deceased person— (a) in so far as it consists of personalty, exceeded at the time of his death in amount or value £2,000, exclusive of what he may have been entitled to as a trustee and not beneficially, but without deducting anything on account of debts due and owing from the deceased, or (b) in so far as it consisted of land of which he was at the time of his death beneficially seised or possessed, exceeded the rateable valuation of £60.
17. Proceedings for the administration of the estate of a deceased person. The judge of the circuit where the testator or intestate had at the time of his death a fixed place of abode.
18. Proceedings for the dissolution of a partnership or the taking of partnership or other accounts. Where the property of the partnership— (a) in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60. At the election of the plaintiff— (a) the judge of the circuit where the partnership business was or is carried on, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.
19. Proceedings for any of the following purposes— (a) the redemption of mortgages on land, (b) the raising of portions or other charges on land, (c) the sale and distribution of the proceeds of any land subject to any mortgage, lien or charge. Where the rateable valuation of the land exceeds £60. The judge of the circuit where the land or any part of the land is situate.
20. Proceedings for the execution of trusts, charitable or private. Where— (a) the trust estate or fund, in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) the trust estate, in so far as it consists of land, exceeds the rateable valuation of £60. The judge of the circuit where the defendant or one of the defendants resides or carries on business.
21. Proceedings for the rectification or setting aside or cancellation of deeds or other written instruments. Where the subject matter— (a) in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60. Where the subject matter consists entirely of personalty, the judge of the circuit where the defendant or one of the defendants resides or carries on business. Where the subject matter consists in whole or in part of land, at the option of the plaintiff— (a) the judge of the circuit where the defendant or one of the defendants resides or carries on business, or (b) the judge of the circuit where the land or any part of the land is situate.
22. Proeedings for specific performance of contrats.
23. Proceedings for the partition or sale of land. Where the rateable valuation of the land exceeds £60. The judge of the circuit where the land or any part of the land is situate.
24. Proceedings for the wardship of infants and the care of infants' estates. Where the property— (a) in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60. The judge of the circuit where the infant or one of the infants resides.
25. Proceedings under the Settled Land Acts, 1882 to 1890. Where the property— (a) in so far as it consists of capital money arising under the said Acts, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60. The judge of the circuit where the land or the land (represented by the capital money) or any part of the land is situate.
26. Proceedings under the Trustee Acts, namely, the Trustee Act, 1893, the Trustee Act, 1893, Amendment Act, 1894, and the Trustee Act, 1931 (No. 20 of 1931). Where the trust property— (a) in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60. The judge of the circuit where the applicant or one of the applicants resides.
27. An action (in relation to property) claiming an injunction, otherwise than as ancillary to other relief. Where the property— (a) in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60. Where the property consists only of personalty, the judge of the circuit where the defendant or one of the defendants resides or carries on business. Where the property consists of land, at the option of the plaintiff— (a) the judge of the circuit where the defendant or one of the defendants resides or carries on business, or (b) the judge of the circuit where the land or any part of the land is situate.
28. Proceedings in relation to property not hereinbefore specified in this Schedule and which immediately before the commencement of Part I of the Courts of Justice Act, 1924 (No. 10 of 1924), were assigned to the Chancery Division of the former High Court of Justice in Southern Ireland, other than proceedings in relation to companies. Where the property— (a) in so far as it consists of personalty, exceeds in amount or value £2,000, or (b) in so far as it consists of land, exceeds the rateable valuation of £60. Where the proceedings are in a cause, the judge of the circuit where the defendant or one of the defendants resides or carries on business. Where the proceedings are in a matter and any land is involved, at the option of the applicant— (a) the judge of the circuit where the applicant resides or carries on business, or (b) the judge of the circuit where the land or any part of the land is situate. Where the proceedings are in a matter, and no land is involved, the judge of the circuit where the applicant resides or carries on business.
29. Proceedings (other than proceedings under the Gárda Síochána (Compensation) Acts, 1941 and 1945) by any person, including a State authority, to recover any sum (including a sum recoverable by way of debt, penalty, forfeiture or otherwise, but excluding a fine to which a person is liable on conviction of a criminal offence) recoverable by virtue of any enactment, other than an enactment set out in the Fourth Schedule to this Act. Where the amount due or recoverable exceeds £600. The judge of the circuit where the defendant or one of the defendants resides or carries on business.

FOURTH SCHEDULE Jurisdiction of the Circuit Court under certain British statutes and Saorstát éireann statutes, and judges of the Circuit Court by whom the jurisdiction is to be exercised

Ref. No. Enactments conferring jurisdiction on former Recorders, County Court Judges, Chairmen of Quarter Sessions, or Courts of Quarter Sessions Judge of Circuit Court by whom jurisdiction is to be exercised
(1) (2) (3)
1. Excise Management Act, 1827 (7 and 8 Geo. 4. c. 53)—section 82. The judge of the circuit in which is situate the courthouse in which the judgment appealed against was given.
2. Grand Jury (Ireland) Act, 1836 (6 & 7 Will. 4. c. 116)— section 87. The judge of the circuit where the defendant resides.
3. Poor Relief (Ireland) Act, 1838 (1 & 2 Vic. c. 56)— sections 73 and 78. The judge of the circuit where the person liable to pay the rate resides.
4. Poor Relief (Ireland) Act, 1838 (1 & 2 Vic. c. 56)— sections 106 to 109 and section 112. The judge of the circuit where the rate was made.
5. Drainage (Ireland) Act, 1842 (5 & 6 Vic. c. 89)— section 58. The judge of the circuit where any part of the drain, stream or rivulet required to be cleaned or scoured is situate.
6. Scientific Societies Act, 1843 (6 & 7 Vic. c. 36)— sections 5 and 6. The judge of the circuit where the land or buildings of the society are situate.
7. Poor Relief (Ireland) Act, 1843 (6 & 7 Vic. c. 92)— sections 2 and 3. The judge of the circuit where the property is situate.
8. County Dublin Grand Jury Act, 1844 (7 & 8 Vic. c. 106)— section 110. The judge of the circuit where the defendant resides.
9. Drainage (Ireland) Act, 1846 (9 & 10 Vic. c. 4)— section 42 (so far as the section relates to the recovery of costs and expenses of cleaning, scouring out and removal of accumulated matter from aqueducts, culverts or tunnels under canals). The judge of the circuit where the aqueduct, culvert or tunnel is situate.
10. Drainage (Ireland) Act, 1846 (9 & 10 Vic. c. 4)— section 42 (so far as the section relates to the recovery by the Commissioners of Public Works in Ireland of the costs and expenses of altering aqueducts, culverts, or tunnels under canals so as to prevent injury to lands). The judge of the circuit where the lands are situate.
11. Ejectment and Distress (Ireland) Act, 1846 (9 & 10 Vic. c. 111)— section 8. The judge of the circuit in which is situate the courthouse in which the order or decree for recovery of possession was made.
12. Landed Property Improvement (Ireland) Act, 1847 (10 & 11 Vic. c. 32)— section 40. The judge of the circuit where the defendant resides.
13. Eviction (Ireland) Act, 1848 (11 & 12 Vic. c. 47)— section 6. The judge of the circuit where the defendant resides.
14. Poor Relief (Ireland) Act, 1849 (12 & 13 Vic. c. 104)— section 29. The judge of the Circuit Court before whom the legal proceedings are pending.
15. Civil Bill Courts (Ireland) Act, 1851 (14 & 15 Vic. c. 57)—proviso to section 35. The judge of the Circuit Court before whom the case is heard and determined.
16. Civil Bill Courts (Ireland) Act, 1851 (14 & 15 Vic. c. 57)— sections 38 and 39. The judge of the circuit where the land distrained or threatened to be distrained is situate.
17. Civil Bill Courts (Ireland) Act, 1851 (14 & 15 Vic. c. 57)— section 82. The judge of the circuit where the land is situate.
18. Valuation (Ireland) Act, 1852 (15 & 16 Vic. c. 63)— sections 16, 22, 23 and 31. The judge of the circuit where the tenement or rateable hereditament is situate; or, in the case of an incorporeal hereditament, the j udge of the circuit where the property or any part of the property to, out of or in respect of which the incorporeal hereditament is annexed, arises, issues or is exercisable is situate; or, in the case of a half-rent, the judge of the circuit where the property in respect of which the half-rent is determined is situate.
19 Succession Duty Act, 1853 (16 & 17 Vic. c. 51)— section 50. At the election of the appellant— (a) the judge of the circuit where the appellant resides, or (b) the judge of the circuit where the property is situate.
20. Boundary Survey (Ireland) Act, 1854 (17 & 18 Vic. c. 17)— section 9. The judge of the circuit where the boundary line or any part thereof is situate.
21. Towns Improvement (Ireland) Act, 1854 (17 and 18 Vic. c. 103)— section 41. The judge of the circuit where the works to be constructed are situate.
22. Literary and Scientific Institutions Act, 1854 (17 & 18 Vic. c. 112)— sections 29 and 30. The judge of the circuit where the principal building of the institution is situate.
23. Drainage (Ireland) Act, 1856 (19 & 20 Vic. c. 62)— section 39. The judge of the circuit where the defendant resides.
24. Boundary Survey (Ireland) Act, 1857 (20 & 21 Vic. c. 45)— section 5. The judge of the circuit where the boundary line or any part thereof is situate.
25. Landlord and Tenant Law Amendment Act, Ireland, 1860 (23 & 24 Vic. c. 154) (hereinafter in this Schedule referred to as the Act of 1860)— sections 30 and 31. At the election of the landlord— (a) the judge of the circuit where the tenant resides, or (b) the judge of the circuit where the land or any part of the land is situate.
26. The Act of 1860— sections 32 and 33. The judge of the circuit where the land or any part of the land is situate.
27 The Act of 1860— section 37. The judge of the circuit where the land in relation to which the precept, order or conviction was made is situate.
28. The Act of 1860— section 38. The judge of the circuit where the defendant resides.
29 The Act of 1860— sections 61, 63, 71, 78, 80, 82 and 95. The judge of the circuit where the land or any part of the land is situate.
30. Valuation (Ireland) Act, 1864 (27 & 28 Vic. c. 52)— sections 1 and 3. The judge of the circuit where the tenement or rateable hereditament is situate; or, in the case of an incorporeal hereditament, the judge of the circuit where the property or any part of the property to, out of or in respect of which the incorporeal hereditament is annexed, arises, issues or is exercisable is situate; or, in the case of a half-rent, the judge of the circuit where the property in respect of which the half-rent is determined is situate.
31. Attorneys' and Solicitors' Act, 1870 (33 & 34 Vic. c. 28)— section 8. At the option of the person seeking to enforce or set aside the agreement— (a) the judge of the circuit where the other party to the agreement resides, or (b) the judge of the circuit where the agreement was made.
32. Landlord and Tenant (Ireland) Act, 1870 (33 & 34 Vic. c. 46)— Part I. The judge of the circuit where the matter requiring the cognizance of the Court arises.
33. Landlord and Tenant (Ireland) Act, 1870 (33 & 34 Vic. c. 46)—sections 42, 43, 44, 47 and 56. The judge of the circuit where the holding in respect of which the charging order is sought or any part of that holding is situate.
34. Charitable Donations and Bequests (Ireland) Act, 1871 (34 & 35 Vic. c. 102)— sections 8 and 16. The judge of the circuit where the defendant resides.
35. Bankruptcy (Ireland) Amendment Act, 1872 (35 & 36 Vic. c. 58)— sections 81 and 82. The judge of the circuit where the debtor had a fixed abode at the time of adjudication of bankruptcy.
36. Building Societies Act, 1874 (37 & 38 Vic. c. 42)— sections 24, 34, 35 and 36. The judge of the circuit where the building society has its chief office or place of meeting for the business of the society.
37. Hosiery Manufacture (Wages) Act, 1874 (37 & 38 Vic. c. 48)— sections 3 and 4. The judge of the circuit where the offence was committed.
38. Employers and Workmen Act, 1875 (38 & 39 Vic. c. 90)— sections 3 and 8. The judge of the Circuit Court before whom the proceedings are pending.
39. Rivers Pollution Prevention Act, 1876 (39 & 40 Vic. c. 75)— section 10. The judge of the circuit where the offence was committed.
40. County Officers and Courts (Ireland) Act, 1877 (40 & 41 Vic. c. 56)— sections 41 and 47. The judge of the Circuit Court before whom the proceedings are pending.
41. Public Health (Ireland) Act, 1878 (41 & 42 Vic. c. 52)— sections 120, 122 and 260. The judge of the circuit where the defendant resides.
42. Public Health (Ireland) Act, 1878 (41 & 42 Vic. c. 52)— section 269. The judge of the circuit where the cause of appeal has arisen.
43. Bankers' Books Evidence Act, 1879 (42 & 43 Vic. c. 11)— section 10. The judge of the Circuit Court before whom the proceedings are pending.
44. Inland Revenue Act, 1880 (43 & 44 Vic. c. 20)— section 43 (7). The judge of the circuit where the premises are situate.
45. Guardianship of Infants Act, 1886 (49 & 50 Vic. c. 27). The judge of the circuit where the respondent or any of the respondents resides.
46. Partnership Act, 1890 (53 & 54 Vic. c. 39). The judge of the circuit where the defendant resides.
47. Public Health Acts Amendment Act, 1890 (53 & 54 Vic. c. 59)— section 7 (1). The judge of the circuit where the functional area of the local authority is situate.
48. Industrial and Provident Societies Act, 1893 (56 & 57 Vic. c. 39)— sections 23 and 48. At the option of the society— (a) the judge of the circuit where the registered office of the society is situate, or (b) the judge of the circuit where the defendant resides.
49. Industrial and Provident Societies Act, 1893 (56 & 57 Vic. c. 39)— section 49. The judge of the circuit where the registered office of the society is situate.
50. Finance Act, 1894 (57 & 58 Vic. c. 30)— section 10 (5). At the option of the appellant— (a) the judge of the circuit where the appellant resides, or (b) the judge of the circuit where the property in respect of which the dispute arises is situate.
51. Friendly Societies Act, 1896 (59 & 60 Vic. c. 25)— sections 31 and 55. The judge of the circuit where the defendant resides.
52. Friendly Societies Act, 1896 (59 & 60 Vic. c. 25)— sections 68, 70 and 78. The judge of the circuit where the registered office of the society is situate.
53. Local Government (Ireland) Act, 1898 (61 & 62 Vic. c. 37)— section 5. In case— (a) the criminal injury comes within section 140 of the Grand Jury (Ireland) Act, 1836, and (b) it was committed on the verge or within one mile of the boundary of two or more counties, and (c) all such counties are not within the same circuit, the judge of any circuit (to be selected by the applicant) which includes one or more of such counties. In any other case, the judge of the circuit where the criminal injury was committed.
54. Small Dwellings Acquisition Act, 1899 (62 & 63 Vic. c. 44)— section 5 (2) and (5), as applied to Ireland by section 14 (2). The judge of the circuit where the house is situate.
55. Alkali, Etc. Works Regulation Act, 1906 (6 Edw. 7. c. 14)— section 17. The judge of the circuit where the offence was committed.
56. Open Spaces Act, 1906 (6 Edw. 7. c. 25)— section 4. The judge of the circuit where the whole or any part of the open space is situate.
57. Labourers (Ireland) Act, 1906 (6 Edw. 7. c. 37)— section 6. The judge of the circuit where the land comprised in the improvement scheme is situate.
58. Labourers (Ireland) Act, 1906 (6 Edw. 7. c. 37)— section 11. The judge of the circuit where the land in respect of which the sum was paid as purchase money or compensation under paragraph (1) of the said section 11 is situate.
59 Workmen's Compensation Act, 1906 (6 Edw. 7. c. 58)— Second Schedule. The judge of the Circuit Court before whom the proceedings are pending.
60. Public Health Acts Amendment Act, 1907 (7 Edw. 7. c. 53)— section 7 (1). The judge of the circuit where the functional area of the local authority is situate.
61. Children Act, 1908 (8 Edw. 7. c. 67)— section 58 (2). The judge of the Circuit Court before whom the child is charged.
62. Finance (1909-10) Act, 1910 (10 Edw. 7 & 1 Geo. 5. c. 8)— section 33 (4). At the option of the appellant— (a) the judge of the circuit where the appellant resides, or (b) the judge of the circuit where the property is situate.
63. Labourers (Ireland) Act, 1911 (1 & 2 Geo. 5. c. 19)— section 6. The judge of the circuit where the land, in respect of which the purchase money or compensation is payable, is situate.
64. Public Roads (Ireland) Act, 1911 (1 & 2 Geo. 5. c. 45)— section 1 (4). At the election of the plaintiff— (a) the judge of the circuit where the damage was done, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.
65. Pilotage Act, 1913 (2 & 3 Geo. 5. c. 31)— section 28. The judge of the circuit where the port for which the pilot is licensed is situate.
66. Criminal Justice Administration Act, 1914 (4 & 5 Geo. 5. c. 58)— section 10. The judge of the circuit in which is situate the courthouse in which the offender was summarily convicted.
67. Income Tax Act, 1918 (8 & 9 Geo. 5. c. 40)— section 196. The judge of the circuit where the assessment was made.
68. Housing (Ireland) Act, 1919 (9 & 10 Geo. 5. c. 45)— section 12. The judge of the circuit where the land in respect of which the purchase money or compensation is payable is situate.
69. Housing (Ireland) Act, 1919 (9 & 10 Geo. 5. c. 45)— section 25. The judge of the circuit where the land is situate.
70. Sheriffs (Ireland) Act, 1920 (10 & 11 Geo. 5. c. 26)— section 7. The judge of the circuit where the seizure was made.
71. Electoral Act, 1923 (No. 12 of 1923)— section 16. The judge of the circuit where the registration area of the registration officer concerned is situate.
72. Land Act, 1923 (No. 42 of 1923)— section 69 (3). The judge of the circuit where the land is situate.

FIFTH SCHEDULE Adaptations (in relation to the Circuit Court and the judges thereof) of certain British statutes relating to former County Courts, Courts of Quarter Sessions and judges thereof

Session and Chapter Short Title Adaptation
(1) (2) (3)
7 & 8 Geo. 4. c. 53. Excise Management Act, 1827. The references to the justices of the peace assembled at the general quarter sessions shall be construed as references to the Circuit Court.
6 & 7 Vic. c. 36. Scientific Societies Act, 1843. In section 2, the references to the recorder or justices shall be construed as references to the judge of the circuit where the land or buildings of the society are situate.
12 & 13 Vic. c. 104. Poor Relief (Ireland) Act, 1849. In section 18, the reference to a judgment obtained in any action or suit in a superior court shall be construed as including a reference to a j udgment of the Circuit Court. In section 29, the references to an assistant barrister, the chairman of the sessions of the peace of the county of Dublin or a recorder shall be construed as references to the judge of the Circuit Court before whom the proceedings are pending.
14 & 15Vic. c. 90. Fines (Ireland) Act, 1851. In section 10, as amended by section 2 of the Summary Jurisdiction (Ireland) Act, 1918 (8 & 9 Geo. 5. c. 18), the references to an assistant barrister, recorder of a city or borough and the chairman of quarter sessions for the county of Dublin shall be construed as references to a judge of the Circuit Court.
14 & 15 Vic. c. 93. Petty Sessions (Ireland) Act, 1851. In section 34, as amended by section 2 of the Summary Jurisdiction (Ireland) Act, 1918 (8 & 9 Geo. 5. c. 18), the first reference to quarter sessions shall be construed as a reference to the Circuit Court.
17 & 18 Vic. c. 103. Towns Improvement (Ireland) Act, 1854. In section 44, the reference to the court of the assistant barrister shall be construed as a reference to the Circuit Court.
23 & 24 Vic. c. 4. Annual Revision of Rateable Property (Ireland) Amendment Act, 1860. References to the court of quarter sessions shall be construed as references to the Circuit Court. References to the chairman of quarter sessions shall be construed as references to a judge of the Circuit Court.
23 & 24 Vic. c. 154. Landlord and Tenant Law Amendment Act, Ireland, 1860. In section 70, the reference to an assistant barrister shall be construed as a reference to a judge of the Circuit Court. In section 79, the references to the chairman of the county shall be construed as references to the judge of the circuit where the lands or premises to which the certificate of desertion relates or any part thereof are situate.
27 & 28 Vic. c. 52. Valuation (Ireland) Act, 1864. The references to quarter sessions shall be construed as references to the Circuit Court.
33 & 34 Vic. c. 28. Attorneys' and Solicitors' Act, 1870. In section 8, the references to fifty pounds shall be construed as references to six hundred pounds.
33 & 34 Vic. c. 46. Landlord and Tenant (Ireland) Act, 1870. In sections 59, 60 and 61, the references to the civil bill court of a county shall be construed as references to the judge of the circuit where the county is situate.
34 & 35 Vic. c. 78. Regulation of Railways Act, 1871. In section 7, the reference to a county court judge shall be construed as a reference to a judge of the Circuit Court.
35 & 36 Vic. c. 58. Bankruptcy (Ireland) Amendment Act, 1872. In sections 81 to 86, the references to the chairman of quarter sessions within whose jurisdiction the debtor had a fixed abode at the time of the adjudication of bankruptcy shall be construed as references to the judge of the circuit where the debtor had a fixed abode at the time of the adjudication of bankruptcy.
37 & 38 Vic. c. 72. Fines (Ireland) Act, 1851, Amendment Act, 1874. In section 2, the reference to an assistant barrister, recorder or chairman shall be construed as a reference to a judge of the Circuit Court.
38 & 39 Vic. c. 17. Explosives Act, 1875. In section 66, the reference to a county court judge shall be construed as a reference to a judge of the Circuit Court.
38 & 39 Vic. c. 90. Employers and Workmen Act, 1875. In section 8, the reference to a county court shall be construed as a reference to the Circuit Court.
39 & 40 Vic. c. 36. Customs Consolidation Act, 1876. In the definition (contained in section 284) of “justice”, the reference to a county court judge shall be construed as a reference to a judge of the Circuit Court.
40 & 41 Vic. c. 56. County Officers and Courts (Ireland) Act, 1877. In section 47, the reference to five hundred pounds shall be construed as a reference to two thousand pounds and the reference to thirty pounds as a reference to sixty pounds.
41 & 42 Vic. c. 52. Public Health (Ireland) Act, 1878. In section 115, the reference to the court of quarter sessions shall be construed as a reference to the Circuit Court.
41 & 42 Vic. c. 76. Telegraph Act, 1878. In section 4 (including that section as applied by section 4 of the Telegraph Act, 1892 (55 & 56 Vic. c. 49), sections 3 and 5 of the Telegraph (Construction) Act, 1908 (8 Edw. 7. c. 33), and section 1 of the Telegraph (Construction) Act, 1916 (6 & 7 Geo. 5. c. 40)), the references to the judge of the county court having jurisdiction within the district in which the difference has arisen shall be construed as references to the judge of the circuit where the district is situate.
44 & 45 Vic. c. 49. Land Law (Ireland) Act, 1881. In subsection (1) of section 37, the reference to the civil bill court of the county where the matter requiring the cognizance of the court arises shall be construed as a reference to the judge of the circuit where the matter requiring the cognizance of the court arises.
56 & 57 Vic. c. 39. Industrial and Provident Societies Act, 1893. In section 61, the reference to the county court of the district where the registered office of the society is situate shall be construed as a reference to the judge of the circuit where the registered office of the society is situate.
57 & 58 Vic. c. 60. Merchant Shipping Act, 1894. In paragraph (c) of subsection (4) of section 547, the reference to the recorder or the chairman of quarter sessions shall be construed as a reference to a judge of the Circuit Court.
8 Edw. 7. c. 57. Coal Mines Regulation Act, 1908. In subsection (5) of section 1, the reference to the judge of county courts for the district in which the mine is situate shall be construed as a reference to the judge of the circuit where the mine is situate.
8 Edw. 7. c. 67. Children Act, 1908. In subsection (4) of section 74 and in subsection (2) of section 75, the references to the court of quarter sessions shall be construed as references to the Circuit Court.
1 & 2 Geo. 5. c. 19. Labourers (Ireland) Act, 1911. In subsection (1) of section 6 (including that section as applied by section 12 of the Housing (Ireland) Act, 1919 (9 & 10 Geo. 5. c. 45)), the references to the county court shall be construed as references to the Circuit Court, and the reference to one hundred pounds shall be construed as a reference to six hundred pounds.
1 & 2 Geo. 5. c. 45. Public Roads (Ireland) Act, 1911. In subsection (4) of section 1, the reference to two hundred and fifty pounds shall be construed as a reference to six hundred pounds.
1 & 2 Geo. 5. c. 50. Coal Mines Act, 1911. In section 11 (including that section as applied by section 1 of the Coal Mines Act, 1914 (4 & 5 Geo. 5. c. 22)), the reference to a county court judge shall be construed as a reference to a judge of the Circuit Court. In subsection (3) of section 77, the reference to the judge of the county court for the district in which the mine is situate shall be construed as a reference to the judge of the circuit where the mine is situate.
2 & 3 Geo. 5. c. 30. Trade Union Act, 1913. In subsection (2) of section 3, the references to the county court shall be construed as references to the Circuit Court.
9 & 10 Geo. 5. c. 45. Housing (Ireland) Act, 1919. In subsection (3) of section 25, the reference to thirty pounds shall be construed as a reference to sixty pounds and the reference to the county court as a reference to the Circuit Court.
10 & 11 Geo. 5. c. 26. Sheriffs (Ireland) Act, 1920. In section 7, the references to a civil bill court shall be construed as references to the Circuit Court.

SIXTH SCHEDULE Assignment of justices of District Court to district court districts

Definitions.

1.

In this Schedule—

“district” means a district court district;

“district justice” means a justice of the District Court, but does not include a temporary district justice;

“temporary district justice” means a person appointed under section 51 of the Act of 1936, as applied by section 48 of this Act to act as a district justice.

Permanent assignment of district justices to districts.

2.

(1) (a) Where a person is appointed a district justice, then, subject to clause (b) of this subparagraph, the Government, if they think fit, may, upon such appointment, assign him permanently to a particular district.

(b) Where, at the time of the appointment of a person to be a district justice, there are four district justices not permanently assigned to particular districts, the Government shall assign that person permanently to a particular district.

(2) Where a district justice is not upon appointment permanently assigned to a particular district, the Government may at any time assign him permanently to a particular district.

(3) A district justice who is permanently assigned to a particular district may, with his consent, be transferred by the Minister to another district and, if he is so transferred, he shall upon such transfer become and be permanently assigned to such other district in lieu of being permanently assigned to such first-mentioned district.

(4) (a) Where a district justice is permanently assigned to a particular district, the Government, at his request, may, if they think fit, terminate his permanent assignment to that district.

(b) Where the permanent assignment of a district justice is terminated under clause (a) of this subparagraph, the Government may at any time thereafter assign him permanently to a particular district.

Temporary assignment to districts of district justices and temporary district justices.

3.

(1) A district justice who is permanently assigned to a particular district may, with his consent, from time to time be temporarily assigned by the Minister to another district, but such temporary assignment shall be without prejudice to the exercise and performance by him of the privileges, powers and duties for the time being conferred or imposed on him by law in relation to the district to which he is permanently assigned.

(2) A district justice who is not for the time being permanently assigned to a district may from time to time be assigned by the Minister to any district.

(3) A temporary district justice may from time to time be temporarily assigned by the Minister to any district.

(4) Where a person is temporarily assigned to a district under subparagraph (1), (2) or (3) of this paragraph—

(a) in case there is for the time being a district justice permanently assigned to that district—he shall, in relation to that district have, while so temporarily assigned, concurrently with that district justice, all the privileges, powers and duties for the time being conferred or imposed by law on that district justice,

(b) in any other case—he shall, in relation to that district have, while so temporarily assigned, all such privileges, powers and duties as would for the time being be conferred or imposed by law if he were a district justice permanently assigned to that district.

(5) The Minister may at any time terminate a temporary assignment made under this paragraph.

District justice acting in certain cases for another district justice who is permanently assigned to a district.

4.

(1) Wherever it appears to the President of the District Court, on the representation of a justice of the District Court permanently assigned to a particular district, that such justice cannot properly deal with any matter before him by reason of the fact that he has a personal interest therein or such personal knowledge of the facts or of the parties as might prejudice the trial of that matter, the President of the District Court may nominate another justice of the District Court, who so consents, to hear and determine that matter in that district and, if the President does so, then that matter may be heard and determined accordingly.

(2) In the case of illness or absence of the district justice permanently assigned to a district (in this subparagraph referred to as the first justice), another district justice may, with the consent of the Minister (in addition, if he is permanently assigned to another district, to exercising and performing the privileges, powers and duties conferred by law in relation to the district to which he is permanently assigned) exercise and perform during such illness or absence, the privileges, powers and duties for the time being conferred or imposed by law on the first justice in relation to the district to which the first justice is permanently assigned.

(3) Where a district justice permanently assigned to a particular district (in this subparagraph referred to as the first justice) requests another district justice (in this subparagraph referred to as the second justice) to act for him during a specified period (not exceeding seven days) the second justice may (in addition, if he is permanently assigned to another district, to exercising and performing the privileges, powers and duties conferred by law on him in relation to the district to which he is permanently assigned) exercise and perform during that period the privileges, powers and duties for the time being conferred or imposed by law on the first justice in relation to the district to which the first justice is permanently assigned.

SEVENTH SCHEDULE Existing courts and corresponding courts established by the Principal Act, and judges of existing courts and corresponding judges of courts established by the Principal Act

Part I

Ref. No. Existing court Court established by the Principal Act
(1) (2) (3)
1. The existing Supreme Court. The Supreme Court.
2. The existing High Court. The High Court.
3. The existing Court of Criminal Appeal. The Court of Criminal Appeal.
4. The existing Circuit Court. The Circuit Court.
5. The existing District Court. The District Court.

Part II

Ref. No. Judge of existing court Judge of court established by the Principal Act
(1) (2) (3)
1. The existing Chief Justice. The Chief Justice.
2. The existing President of the High Court. The President of the High Court.
3. The existing President of the Circuit Court. The President of the Circuit Court.

EIGHTH SCHEDULE Provisions in relation to offices and officers to be attached to the High Court, the Supreme Court and the President of the High Court

Interpretation.

1.

(1) This Schedule shall be construed as one with Part I of the Act of 1926.

(2) Except where the context otherwise requires, references in this Schedule to any enactment which is applied by section 48 of this Act shall be construed as references to that enactment as so applied.

Offices attached to the High Court, the Supreme Court and the President of the High Court.

2.

There shall become and be attached to the High Court, the Supreme Court and the President of the High Court respectively the following offices—

To the High Court,

The Central Office,

The Taxing-Masters' Office,

The Probate Office,

The Office of the Official Assignee in Bankruptcy,

Two Examiners' Offices or the Examiner's Office,

The Accountant's Office;

To the Supreme Court,

The Office of the Registrar of the Supreme Court;

To the President of the High Court,

The Office of Wards of Court.

Officers attached to the High Court the Supreme Court and the President of the High Court.

3.

There shall become and be attached to the High Court, the Supreme Court and the President of the High Court respectively the following officers (each of whom shall be a principal officer within the meaning of Part of the Act of 1926)—

To the High Court,

The Master of the High Court,

Two Taxing-Masters,

The Probate Officer,

The Official Assignee in Bankruptcy,

Two Examiners or the Examiner,

The Accountant;

To the Supreme Court,

The Registrar of the Supreme Court;

To the President of the High Court,

The Registrar of Wards of Court.

The Master of the High Court.

4.

(1) In this paragraph “rules of court” means rules made under section 36 of the Act of 1924.

(2) The Master of the High Court shall have and exercise such powers and authorities and perform such duties and functions as are from time to time conferred on or assigned to him by statute or rules of court and in particular (unless and until otherwise provided by statute or rules of court) shall have and perform all such other powers, authorities, duties and functions as are vested in him by virtue of subsection (3) of section 31 of the Act of 1926.

The Central Office.

5.

(1) The Central Office shall be under the management of such principal officer serving in the Central Office as the Minister, after consultation with the President of the High Court, may from time to time nominate in that behalf.

(2) There shall be transacted in the Central 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 the Master of the High Court and except such business as is for the time being assigned by law either to another office attached to the High Court or to the Office of Wards of Court.

(3) The person who, immediately before the operative date, had, by virtue of a nomination under paragraph (a) of subsection (2) of section 2 (repealed by this Act) of the Act of 1945, the management of the Central Office shall continue to have the management of the Central Office and be deemed to have been nominated under subparagraph (1) of this paragraph.

The Registrars of the High Court.

6.

(1) Such and so many as the Minister thinks 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 officer for the time being managing the Central Office) shall act as registrar to the High Court as and when directed so to do by the officer for the time being managing the Central Office.

(2) The officers for the time being nominated under subparagraph (1) of this paragraph to be registrars of the High Court shall be principal officers within the meaning of Part I of the Act of 1926.

(3) Every person, who immediately before the operative date, was, by virtue of a nomination under subsection (2) of section 4 (repealed by this Act) of the Act of 1926, a registrar of the existing High Court shall become and be a registrar of the High Court and be deemed to have been nominated under subparagraph (1) of this paragraph.

General superintendence and control of High Court offices.

7.

The officer for the time being managing the Central Office shall have the general superintendence and control of the offices 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 judges of the High Court.

The Taxing-Masters' Office.

8.

The Taxing-Masters' Office shall be under the management of 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 transacted by a Taxing-Master in person.

The Office of the Official Assignee in Bankruptcy.

9.

The Office of the Official Assignee in Bankruptcy 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 Southern Ireland.

The Examiners' Offices.

10.

(1) Until the number of Examiners shall be reduced to one, one Examiner's Office shall be under the management of one of the Examiners and the other Examiner's Office shall be under the management of the other Examiner.

(2) There shall be transacted in each Examiner's Office or in the Examiner's Office (where there is only one Examiner) 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 Southern 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.

(3) There shall also be transacted in the Office of one of the Examiners (to be nominated by the Minister after consultation with the President of the High Court) or in the Examiner's Office (where there is only one Examiner) all such business as was formerly transacted in the Bankruptcy Office of the King's Bench Division of the High Court of Justice in Southern Ireland.

The Examiners.

11.

(1) Each of the Examiners or the Examiner (where there is only one Examiner) shall have and exercise all such powers and authorities and perform and fulfil all 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 Southern Ireland respectively and by the Chief Receiver or the Receiver-Examiner.

(2) One of the Examiners (to be nominated by the Minister after consultation with the President of the High Court) or the Examiner (where there is only one Examiner) 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 Southern 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.

(3) The powers, authorities, duties and functions of an Examiner or of the Examiner (where there is only one Examiner) may, subject to any restrictions which the President of the High Court may think fit to impose, be executed, performed or fulfilled by an officer (to be designated by the President of the High Court) who is employed in that Examiner's Office or in the Examiner's Office (where there is only one Examiner) and who is qualified to be appointed Examiner.

Reduction in number of Examiners.

12.

On the occurrence of the first vacancy in the office of Examiner, the number of Examiners shall be reduced to one, who shall be the Examiner, and the two Examiners' Offices shall be consolidated into one office, which shall be the Examiner's Office and shall be under the management of the Examiner.

The Office of the Registrar of the Supreme Court.

13.

There shall be transacted in the office of the Registrar of the Supreme Court all business in relation to the jurisdictions exercisable by the Chief Justice under subsection (1) of section 10 of this Act.

The Registrar of the Supreme Court.

14.

(1) The Registrar of the Supreme Court shall act as registrar to the Chief Justice in relation to the exercise by the Chief Justice of the jurisdiction exercisable by him under subsection (1) of section 10 of this Act.

(2) The Registrar of the Supreme Court shall be subject to the direction of the Chief Justice in regard to the transaction of the business which in pursuance of paragraph 13 of this Schedule is to be transacted in the office of the Registrar of the Supreme Court.

The Office of Wards of Court.

15.

(1) The Office of Wards of Court shall be under the management of the Registrar of Wards of Court, 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 jurisdiction vested in the High Court by subsection (1) of section 9 of this Act as was formerly transacted in relation to the exercise of that jurisdiction 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 in Southern Ireland.

(2) The Office of Wards of Court shall for the purposes of section 9 of the Act of 1945 be deemed to be an office attached to a court.

The Registrar of Wards of Court.

16.

(1) The Registrar of Wards of Court shall have the superintendence and control of the Office of Wards of Court and shall in the exercise of such superintendence and control be subject, in regard to all matters of general administration, to the general direction of the Minister and, in regard to all matters relating to the jurisdiction vested in the High Court by subsection (1) of section 9 of this Act, to the directions of the judge of the High Court for the time being exercising that jurisdiction.

(2) In addition to the superintendence and control of the Office of Wards of Court, the Registrar of Wards of Court shall have and exercise all such powers and authorities and perform and fulfil such duties and functions in relation to the exercise of the jurisdiction vested in the High Court by subsection (1) of section 9 of this Act 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 of Ireland and shall perform and fulfil all such functions and duties in relation to the jurisdiction aforesaid as were formerly performed and fulfilled by the said Registrar in Lunacy and the said Chief Clerk respectively.

(3) The Registrar of Wards of Court shall for the purposes of section 9 of the Act of 1945 be deemed to be an officer attached to the High Court.

Qualification of Master of the High Court.

17.

No person shall be appointed to be Master of the High Court unless at the time of his appointment he is a barrister of not less than ten years' standing who is then actually practising.

Qualification of Taxing-Master.

18.

No person shall be appointed to be a Taxing-Master unless at the time of his appointment he is 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.

The Taxing Masters.

19.

Each of the Taxing-Masters shall have and exercise the following powers and authorities and perform and fulfil the following duties and functions—

(a) such powers, authorities, duties and functions as are for the time being conferred on or assigned to them by statute or rule of court,

(b) unless and until otherwise provided by statute or rule of court—all such powers, authorities, duties and functions in relation to the High Court, and the Supreme Court, as were formerly possessed and performed by the several Taxing-Masters of the former Supreme Court of Judicature in Southern Ireland in relation to that Court,

(c) unless and until otherwise provided by statute or rule of court—all such powers, authorities and functions in relation to the Court of Criminal Appeal, the Chief Justice and the President of the High Court, as were immediately before the operative date possessed or exercised by them in relation to the existing Court of Criminal Appeal, the existing Chief Justice and the existing President of the High Court respectively,

(d) such other powers, authorities, duties and functions as were immediately before the passing of the Act of 1924 vested or imposed by law in or on the several Taxing-Masters of the former Supreme Court of Judicature in Southern Ireland, and

(e) the duty of taxing any costs to be received, allowed or paid to a solicitor as respects business undertaken on or after the 1st day of October, 1957, in relation to the exercise by a local authority of their powers under the Labourers (Ireland) Acts, 1883 to 1958.

Amendment of section 6 of the Act of 1945.

20.

In section 6 (which relates to the appointment of the Probate Officer or an Examiner) of the Act of 1945, the references to an office established by Part I of the Act of 1926 shall be construed as references to an office mentioned in paragraph 2 of this Schedule.

Qualification of Registrar of Wards of Court

21.

No person shall be appointed to be Registrar of Wards of Court unless at the time of his appointment he either—

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

(b) is a barrister who is then employed in an office mentioned in paragraph 2 of this Schedule and has during the next preceding twelve years been employed in one or more of the offices mentioned in the said paragraph 2.

General staffs of offices.

22.

(1) In addition to the principal officers there shall be employed in the several offices mentioned in paragraph 2 of this Schedule such and so many officers, clerks, messengers, criers and servants as the Minister shall from time to time determine with the sanction of the Minister for Finance and after consultation with the President of the High Court in the case of an office attached to the High Court or in the case of the Office of Wards of Court and with the Chief Justice in the case of the Office of the Registrar of the Supreme Court.

(2) All officers (other than the principal officers), clerks, messengers, criers and servants employed in any of the offices mentioned in paragraph 2 of this Schedule shall be interchangeable amongst such offices and shall be liable to serve in any of those offices as the Minister shall from time to time direct after consultation with the President of the High Court in the case of an office attached to the High Court or in the case of the Office of Wards of Court and with the Chief Justice in the case of the Office of the Registrar of the Supreme Court.

Nominations under section 28 of the Act of 1926.

23.

Every nomination made before the operative date under section 28 of the Act of 1926 which has not been revoked before the operative date shall continue in force and be deemed to have been made under the said section 28.

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