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10 1924

THE COURTS OF JUSTICE ACT, 1924

Part IV.

MISCELLANEOUS AND TRANSITORY PROVISIONS.

Existing solicitors and commissioners for administering oaths.

93. —All existing solicitors of the Supreme Court of Judicature in Ireland and all existing commissioners to administer oaths shall be transferred to and become solicitors and commissioners respectively of the several courts established under this Act.

Right to jury in civil cases, and costs in such cases.

94. —Nothing contained in this Act shall take away or prejudice the right of any party to any action in the High Court or the Circuit Court (not being an action for a liquidated sum, or an action for the enforcement, or for damages for the breach of a contract) to have questions of fact tried by a jury in such cases as he might heretofore of right have so required in the Supreme Court of Judicature in Ireland, and with like directions as to law and evidence, but no party to an action in the High Court or the Circuit Court for a liquidated sum, or an action for the enforcement or for damages for the breach of a contract or in an action for the recovery of land shall be entitled to a jury unless the judge shall consider a jury to be necessary or desirable for the proper trial of the action, and shall of his own motion or on the application of any party so order. Subject to all existing enactments limiting, regulating, or affecting the costs payable in any action by reference to the amount recovered therein, the costs of every civil action, and of every civil question and issue, tried by a jury in the High Court or the Circuit Court shall follow the event, unless, upon application made, the Judge at the trial shall for special cause shown and mentioned in the order otherwise direct; and any order of a Judge as to such costs may be discharged or varied by the appellate tribunal.

Verdict of nine members of jury in civil cases.

95. —In every trial whether in the High Court or the Circuit Court of a civil case before a judge and jury, the jury shall consist of twelve members and a majority vote of nine of those twelve members shall be necessary and sufficient to determine the verdict. The judge shall so inform the jury and the verdict of such nine members or upwards shall be taken and recorded as the verdict of the jury, without disclosure of the dissentients, if any such there be.

Form of appeals in jury cases.

96. —Every appeal from a judgment of the High Court or the Circuit Court in an action tried by a judge and jury, or from any other judgment of the High Court or the Circuit Court founded on the verdict of a jury in a civil case, shall be made by way of motion before the appellate tribunal for a new trial, and, in the case of an appeal from the Circuit Court, the allegations on which such motion may be grounded shall include the allegation that the verdict of the jury was against the weight of the evidence or was otherwise perverse. In any appeal to which this section applies the appellate tribunal may, in lieu of ordering a new trial, set aside the verdict, findings, and judgment appealed against and enter such judgment as the court considers proper.

Report of stenographer to be certified.

97. —Whenever under this Act an appeal is required to be grounded or heard on the report of an official stenographer, such report shall include both the original shorthand notes and the transcript thereof, and shall be certified by the judge of the Court of first instance to be such report.

Courts in Dublin Castle deemed to be situated in City and County of Dublin.

98. —So much of the buildings and premises commonly known as Dublin Castle and of the precincts thereof as shall for the time being be appropriated for the holding of any Court established under Parts I . or II . of this Act or for the use or accommodation of any judge or officer of any such Court or for the transaction of the business of any office attached to any such Court shall be deemed and is hereby declared to be situate for all purposes both in the County of the City of Dublin and in the County of Dublin.

Declaration to be taken by judges and justices on appointment.

99. —The Declaration to be taken on appointment by every Judge of the Supreme Court, the High Court, and the Circuit Court and by every Justice of the District Court shall be as follows:—

I                 do solemnly and sincerely before God promise and declare that I will duly and faithfully and to the best of my skill and power execute the office of Chief Justice of the Supreme Court (or President of the High Court, or Judge of the Supreme Court or of the High Court or of the Circuit Court or Justice of the District Court as the case may be) of Saorstát Eireann without fear or favour, affection, or ill-will towards any man, and that I will uphold the Constitution of Saorstát Eireann as by law established.

Such declaration shall be made and subscribed by the Chief Justice in the presence of the Governor-General and by each of the other judges and justices aforesaid in the presence of the Chief Justice in open court.

Any judge or justice who declines or neglects to take the declaration aforesaid in the manner aforesaid shall be disqualified from entering on and shall be deemed to have vacated his office of judge or justice (as the case may be).

Age of retirement for existing judges appointed under this Act.

100. —Where any person who is at the passing of this Act a judge of the Supreme Court of Judicature in Ireland, a Recorder, County Court Judge, or District Justice in Saorstát Eireann, or a Divisional Justice of the Police District of Dublin Metropolis is appointed to be a judge of any Court under this Act after he has attained the age of retirement prescribed by this Act for the judges of such Court, such age of retirement shall in his case be extended by the addition of three years thereto.

Rules not to come into operation until approved by Oireachtas.

101. —No rules of court made under this Act shall come into operation unless and until they have been laid before each House of the Oireachtas and have been approved by resolution of each such House.

Provisions as to existing officers.

102. —Unless and until otherwise determined by the Oireachtas, all registrars, clerks and other officers attached to the existing Supreme Court of Judicature or to the Lord Chief Justice in the exercise of the jurisdiction in Lunacy vested in him and to the Courts of existing Recorders, County Court Judges and District Justices or the Divisional Magistrates of the Police District of Dublin Metropolis shall continue to hold office by the same tenure as heretofore, and to discharge the duties heretofore discharged by them or duties analogous thereto. Every question which shall arise as to whether any duties are analogous to any other duties shall be determined by the Chief Justice, whose decision shall be final. Nothing in this Section shall prejudice the rights of any officer under Section 10 of the Articles of Agreement for a Treaty between Great Britain and Ireland signed at London on the 6th day of December, 1921.

Appeals pending to Judge of Assize shall be heard by Judges of High Court.

103. —All appeals and other applications to Judges of Assize pending at the commencement of Part II . of this Act shall be heard and determined by such Judge or Judges of the High Court as shall be nominated for the purpose by the President of the High Court and at such times and places as the Minister for Home Affairs shall, by order, prescribe and direct.

Trial of persons awaiting trial at commencement of Act.

104. —Every person who shall at the commencement of Part I . of this Act have been sent forward for trial at Assizes or any other Commission of Oyer and Terminer and gaol delivery, and be awaiting trial, and every person who shall at the commencement of this Act have been sent forward for trial by the County Court Judge, or by any Dáil Court as defined by the Dáil Eireann Courts (Winding-Up) Act, 1923 (No. 36 of 1923), on any charge excluded from the jurisdiction of the Circuit Court and be awaiting trial on such charge, shall be deemed to have been sent forward for trial by and shall be tried by the Central Criminal Court or, if so directed by the Attorney-General, a court of the High Court Circuit. Every person who shall at the commencement of Part II . of this Act have been sent forward for trial by the County Court Judge, or by any such Dáil Court as aforesaid, on any charge within the jurisdiction of the Circuit Court, and be awaiting trial, shall be deemed to have been sent forward for trial by and shall be tried by the appropriate Circuit Court.