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10 1924

THE COURTS OF JUSTICE ACT, 1924

Part III.

THE DISTRICT COURT.

Constitution of District Court.

67. —A District Court of Justice (An Chúirt Bhreithiúnais Dúithche) shall be constituted under this Act consisting of such justices as shall be appointed as hereinafter mentioned.

Justices of District Court to be appointed.

68. —When and so soon as the Minister for Home Affairs has divided Saorstát Eireann into suitable Districts there shall be appointed so many Justices (Breitheamhain) of the District Court as may be necessary: Provided that the number of such justices at any time shall not exceed thirty-three.

Qualification for appointment.

69. —No person shall be appointed a Justice of the District Court who is not at the date of his appointment a practising barrister or solicitor of six years' standing at least or has not been a Divisional Justice of the Police District of Dublin Metropolis or a District Justice under the District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923); but service as a judge of the Dáil Supreme Court as defined in the Dáil Eireann Courts (Winding-Up) Act, 1923 (No. 36 of 1923), or as a Judicial Commissioner appointed under that Act, shall be deemed practice at the Bar for the purpose of this provision.

Vacancy in office: illness and deputy.

70. —The office of any Justice of the District Court may be vacated by writing under his hand and shall be vacated on his being appointed a Judge of the Circuit Court, and thereupon or whenever the office of any justice shall become vacant a new justice may be appointed in his place. In case of the illness of any justice a deputy may be appointed to act in his place on the recommendation of the Attorney-General on such terms as to payment of the deputy out of the salary of the justice or otherwise as may be provided by the rules to be made under this Part of this Act: Provided however that no one other than a practising barrister or solicitor of six years' standing at least shall be qualified for appointment as deputy of a justice.

Court Districts comprising Irish-speaking areas.

71. —So far as may be practicable having regard to all relevant circumstances the Justice of the District Court assigned to a District which includes an area where the Irish language is in general use shall possess such a knowledge of the Irish language as would enable him to dispense with the assistance of an interpreter when evidence is given in that language.

Age of retirement.

72. —The age of retirement of a Justice of the District Court for the time being assigned to the Police District of Dublin Metropolis or to a district comprising or including the City of Cork shall be 70 years, and the age of retirement of every other Justice of the District Court shall be 65 years: Provided that in the case of a Justice of the District Court who shall have been a District Justice under the District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923), and at the date of his appointment to the last-mentioned office was over 55 years of age and under 60 years of age, the Chief Justice may, if he thinks fit, extend the age of retirement of such Justice to such date as will enable him to complete a period of service sufficient to qualify him for a pension.

Justices not removable from office save as mentioned in section.

73. —No Justice of the District Court shall be removable from office save for incapacity or physical or mental infirmity or misbehaviour in office or misconduct, which shall be certified under the hands of the Attorney-General and the Chief Justice. It shall be the duty of the Attorney-General and the Chief Justice to give such certificate in case they are satisfied that such incapacity or infirmity exists or that any such misbehaviour or misconduct has taken place. No such certificate shall be questioned or made the subject of proceedings in any Court.

Remuneration.

74. —The senior of the Justices of the District Court for the time being assigned to the Police District of Dublin Metropolis shall receive a salary of £1,200 per annum, and every other of the Justices aforesaid and also the Justice for the time being assigned to a District comprising or including the City of Cork shall receive a salary of £1,100 per annum.

Every other Justice of the District Court shall receive a salary of £1,000 per annum.

The several salaries aforesaid shall until the end of the financial year ending on the 31st day of March, 1927, be paid out of moneys to be annually provided by the Oireachtas, and shall thereafter be charged on and be payable out of the Central Fund or the growing produce thereof.

Pensions.

75. —Subject to his being in good health at the date of his appointment to the office, the office of a Justice of the District Court shall be a pensionable office within the Superannuation Acts, 1834 to 1919, and the pension, gratuity or allowance granted to or in respect of a Justice of the District Court on his retirement or death 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: Provided that any Divisional Justice aforesaid or any District Justice under the District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923) who may be appointed a justice of the District Court shall be entitled to count time served as a Divisional Justice or a District Justice under such last mentioned Act as time served as a justice of the District Court hereunder.

Temporary Assistant Justices.

76. —In case the accumulation of business or the absence of a Justice of the District Court on vacation so requires there may be appointed such number of temporary Assistant Justices of the District Court as the Minister for Home Affairs with the concurrence of the Minister for Finance may determine. No person not qualified for appointment as a Justice of the District Court shall be appointed a temporary Assistant Justice thereof and the terms and conditions of such temporary appointments shall be such as the said Ministers shall settle between them.

Jurisdiction of the District Court.

77. —The District Court shall have and exercise all powers, jurisdictions, and authorities which immediately before the 6th day of December, 1922, were vested by statute or otherwise in Justices or a Justice of the Peace sitting at Petty Sessions and also (by way of addition and not of exception) the following jurisdictions:—

A.—In Civil Cases—

(i) in contract and breach of contract where the claim does not exceed £25;

(ii) in tort, (except slander, libel, criminal conversation, seduction, slander of title, malicious prosecution and false imprisonment) and claims for damages unconnected with contract where the claim does not exceed £10: Provided that no justice shall have jurisdiction when a bona-fide question of title to any land the Poor Law Valuation whereof exceeds ten pounds is in issue and the act giving rise to the proceedings before him was done bona-fide in assertion of such title;

Provided also that the jurisdiction of a Justice shall not be ousted by reason of a question of title to land the Poor Law Valuation whereof does not exceed £10 being brought into issue, but in such case the decision of the Justice shall not operate as an estoppel in or bar to a suit in any court in relation to such land;

(iii) in ejectment for non-payment of rent or overholding in any class of tenancy where the rent does not exceed such sum as amounts or might amount to £26 per annum;

(iv) in proceedings at the suit of the State or any Minister or Government Department or any officer thereof to recover any sum not exceeding £25 due to or recoverable by or on behalf of the State, whether by way of penalty, debt, or otherwise, and notwithstanding any enactment now in force requiring such sum to be sued for in the High Court or other superior court.

B.—In Criminal Cases—in any of the following cases, if the Justice shall be of opinion that the facts proved against the accused constitute a minor offence fit to be tried summarily and the accused (inquiry having been made of him by the Justice) does not object to being so tried:—

(i) in larceny, receiving, embezzlement or false pretences—jurisdiction where the money or property involved does not exceed £20 in value;

(ii) in assault—jurisdiction in assault occasioning actual bodily harm;

(iii) in indecent assault—any such case may be heard in camera and when so heard, if the assaulted person is a female, one other female person nominated by the assaulted person shall be entitled to be present in court during the whole hearing of the case;

(iv) in burglary or housebreaking or attempts at either;

(v) in riot or unlawful assembly—jurisdiction in cases in which the Justice shall be of opinion that the crime was not in furtherance of an organised conspiracy or if it was in furtherance of an organised conspiracy that such conspiracy is at an end;

(vi) in malicious damage to property—jurisdiction in cases of damage not exceeding £20:

Provided that a sentence of six months' imprisonment with or without hard labour shall be the maximum sentence to be imposed in any of the said cases disposed of summarily: Provided also that any criminal cases not disposed of summarily shall be sent forward for trial (subject as is in this Act otherwise provided) if within the jurisdiction of the Circuit Court to the Judge of the Circuit or of one of the Circuits (to be determined by the Justice) within which the District lies, and, if not within such jurisdiction to the next ensuing Court of the High Court Circuit for the District or to the Central Criminal Court in cases within its ambit.

C.—In granting certificates for spirit and other licences—all licensing jurisdiction heretofore exercised by Justices of the Peace at Petty Sessions or at Quarter Sessions or by Courts of Quarter Sessions or by Recorders or by Justices of the Peace out of Petty Sessions except the power of granting new licences conferred on the Circuit Court by Section 50 of this Act.

Jurisdiction transferred to the District Court.

78. —There shall be transferred to the District Court all jurisdiction which at the commencement of this Act was vested in or capable of being exercised by District Justices under the provisions of the District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923), or under any Act now in force, and also all jurisdiction which at the commencement of this Act was vested in or capable of being exercised by the Divisional Justices of the Police District of Dublin Metropolis, and also all jurisdiction which at the commencement of this Act was vested in or capable of being exercised by the Court of Conscience, or by a person acting as Justice of the Peace under the Towns Improvement (Ireland) Act, 1854, and the provisions in Sections 21 and 22 of this Act contained shall apply mutatis mutandis to the jurisdictions by this Act vested in and transferred to the District Court.

Exercise by the Justices severally of jurisdictions.

79. —Provided that the jurisdictions by this Act vested in and transferred to the District Court shall be exercised by the Justices severally as follows:—

In civil cases, by a Justice for the time being assigned to the District wherein the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation;

In criminal cases, by a Justice for the time being assigned to the District wherein the crime has been committed or the accused has been arrested or resides;

In licensing cases, by a Justice for the time being assigned to the District wherein the licensed premises are situate.

“The Children's Court.”

80. —A Justice of the District Court shall sit once a week, if requisite, in a special Court in the Cities of Dublin, Cork, Limerick and Waterford to be called “The Children's Court” and shall there deal in such manner as shall seem just with all charges against children, except charges which by reason of their gravity or other special circumstances he shall not consider fit to be so dealt with. Children herein shall include young persons of either sex under the age of 16 years.

Orders under Debtor's Act (Ireland) 1872, Section 6.

81. —A Justice of the District Court shall have power to make such orders under Section 6 of the Debtor's Act (Ireland), 1872, and any Act amending the same for the enforcement of any decree of the District Court as may seem just.

Execution of decrees.

82. —The decree of the District Court in civil cases shall be executed, where necessary, by the Sheriff or other officer executing decrees of the Circuit Court.

Case stated for High Court on question of law.

83. —A Justice of the District Court shall (if requested by any party to any proceedings before him unless he consider the request frivolous) and may (without request) refer any question of law arising in any case before him to the High Court for determination, and the determination of the High Court thereon shall be final and conclusive and not appealable.

Appeal in civil cases.

84. —An appeal shall lie in all cases other than criminal cases from any decision of a Justice of the District Court to the Judge of the Circuit Court within whose Circuit the District or any part of the District of the Justice, lies, and the decision of the Judge of the Circuit Court on any such appeal shall be final and conclusive and not appealable.

Appeal in criminal cases.

85. —An appeal shall lie in criminal cases from a Justice of the District Court to the Judge of the Circuit Court within whose Circuit the District or any part of the District of the Justice lies, against any order for payment of a penal or other sum exceeding twenty shillings or for the doing of anything at greater expense than twenty shillings or for the estreating of any recognizance to a greater amount than twenty shillings or for any term of imprisonment exceeding one month, by the person against whom the order shall have been made but not otherwise, and the decision of the Judge of the Circuit Court on any such appeal shall be final and conclusive and not appealable.

Case stated or appeal to be in form, etc., prescribed by rules.

86. —Every case stated or appeal shall be in such form and manner in every respect and subject to such conditions whether as to time or otherwise (including the lodgment of any moneys in civil cases and the entering into a bond with sureties in criminal cases) as the rules to be made under this Part of this Act may prescribe.

Appeal in licensing cases.

87. —In licensing cases the applicant or the persons at present entitled by law to object may appeal pursuant to such provisions as may be prescribed by the rules to be made under this Part of this Act.

Appointment of Peace Commissioners.

88. —(1) The Minister for Home Affairs may from time to time by warrant under his hand appoint and remove such and so many fit and proper persons as he shall think expedient in each county to be called “Feadhmannaigh Shíochána” or (in English) “Peace Commissioners” and to perform and exercise within such county and (if so expressed in his warrant of appointment) within the counties immediately adjoining such county the duties and powers of Peace Commissioners under this Act.

(2) So far as may be practicable having regard to all relevant circumstances, every person appointed to be a Peace Commissioner in a County which includes an area in which the Irish language is in general use shall have a knowledge of the Irish language adequate for the transaction of the business of his office in that language.

(3) A Peace Commissioner shall have all the powers and authorities which immediately before the 6th day of December, 1922, were vested in a Justice of the Peace in respect of the several matters following, that is to say:—

(a) signing summonses;

(b) signing warrants;

(c) administering oaths and taking declarations, affirmations, informations, bonds and recognizances;

(d) committing dangerous lunatics and idiots to lunatic asylums under Section 10 of the Lunacy (Ireland) Act, 1867, and providing for the remuneration of the medical officer and the examiner of lunatics under Section 14 of the Lunatic Asylums (Ireland) Act, 1875;

(e) signing certificates for the admission of lunatics and idiots to lunatic asylums;

(f) signing the certificate required by Section 2 of the Registration of Clubs (Ireland) Act, 1904;

(g) condemning and ordering the destruction or disposal of any article intended for the food of man which appears to him to be diseased or unsound or unwholesome or unfit for the food of man under Section 133 of the Public Health (Ireland) Act, 1878, as amended by Section 28 of the Public Health Acts Amendment Act, 1890:

Provided always that any summons against any member of the Gárda Síochána shall be signed by a Justice of the District Court.

(4) Whenever any person charged with having committed an indictable offence shall be arrested by a member of the Gárda Síochána such person shall unless a Justice of a District Court is immediately available forthwith be brought before a Peace Commissioner, who after hearing such evidence as may be offered shall remand such person either in custody or in such bail as the Peace Commissioner shall think fit and remit the case for hearing before a Justice of the District Court on a date not later than the next sitting of the District Court to be held in the District where such person was arrested.

No further appointments under District Justices (Temporary Provisions) Act, 1923.

89. —From and after the passing of this Act no appointment of District Justices shall be made under the District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923).

Rule-making authority.

90. —The rule-making authority for the District Court shall be the Minister for Home Affairs with the concurrence of the Minister for Finance in respect of matters affecting public revenue or expenditure and the assistance of a Committee consisting of such of the Justices of the District Court as the Minister for Home Affairs may from time to time nominate for this purpose, being not less than five, including one at least of the Justices for the time being assigned to the District including the Police District of Dublin Metropolis, two practising solicitors nominated by the President of the Incorporated Law Society of Ireland, of whom one shall be a solicitor having his office and carrying on the practice of his profession outside the City and County of Dublin, and one practising barrister nominated by the Council of the Bar of Ireland.

Rules for carrying this Part of this Act into effect.

91. —Such rule-making authority may at any time and from time to time after the passing and before or after the commencement of this Act make rules to be styled “District Court Rules” for carrying into effect this Part of this Act (except the hearing by the Circuit Court of appeals from the District Court and the hearing by the High Court of cases stated by the District Court), and may annul or alter such rules and make new rules. In particular rules may be made for all or any of the following matters, viz., for regulating the sittings and the vacations and the districts of the Justices and the places where proceedings are to be brought and the forms of process, summons, case stated, appeal or otherwise, and the conditions which a party who requires a case stated or an appellant must comply with in civil cases or in criminal cases or in licensing cases as the case may be and the practice and procedure of the District Court generally including questions of costs and the times for taking any step in the District Court, the entering-up of judgment and granting of summary judgment in appropriate cases and the use of the national language of Saorstát Eireann therein and the fixing and collection of fees and the adaptation or modification of any statute that may be necessary for any of the purposes aforesaid and all subsidiary matters.

Sanction of rules.

92. —Such rules shall be approved of by a majority of the Committee aforesaid and signed and sanctioned by the Attorney-General and Minister for Home Affairs and Minister for Finance and shall have no validity until so approved of, signed and sanctioned.