37 1929

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Number 37 of 1929.


COURTS OF JUSTICE ACT, 1929.


ARRANGEMENT OF SECTIONS

Section

1.

Appointment of persons to act temporarily as additional Judges of the Circuit Court.

2.

Short title, citation, construction and duration.


Acts Referred to

Courts of Justice Act, 1928

No. 15 of 1928

Courts of Justice Act, 1924

No. 10 of 1924

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Number 37 of 1929.


COURTS OF JUSTICE ACT, 1929.


AN ACT TO PROVIDE FOR THE OCCASIONAL APPOINTMENT OF PERSONS TO ACT TEMPORARILY AS JUDGES OF THE CIRCUIT COURT DURING SUCH TIMES AS A JUDGE OF THE CIRCUIT COURT IS, OWING TO OTHER PUBLIC DUTIES OR SERVICES TEMPORARILY IMPOSED ON HIM OR ON ACCOUNT OF ILLNESS OR FOR ANY OTHER SUFFICIENT REASON, WHOLLY OR PARTLY UNABLE TO PERFORM THE DUTIES OF HIS OFFICE. [20th December, 1929.]

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

Appointment of persons to act temporarily as additional Judges of the Circuit Court.

1. —(1) Whenever it appears to the Governor-General on the advice of the Executive Council that owing to other public duties or services temporarily imposed on him or on account of illness or for any other sufficient reason a Judge of the Circuit Court is for the time being wholly or partly unable to discharge the duties of his office, the Governor-General acting on the advice of the Executive Council may appoint a practising barrister of ten years standing at least at the date of his appointment to act as a Judge of the Circuit Court for such period (not exceeding the duration of such complete or partial inability of such first-mentioned Judge to discharge the duties of his office) as he shall on the advice aforesaid think proper.

(2) Every person appointed under this section to act as a Judge of the Circuit Court shall, during the period for which he is so appointed, hold office by the tenure by which a Judge of the Circuit Court holds his office.

(3) Every person appointed under this section to act as a Judge of the Circuit Court may, during the period for which he is so appointed, be assigned by the Minister for Justice from time to time as occasion requires to any circuit, and every such person shall while so assigned to a circuit have in relation to such circuit and concurrently with the Judge permanently assigned to such circuit and any Judge temporarily assigned under section 9 of the Courts of Justice Act, 1928 (No. 15 of 1928) to such circuit all the privileges, powers and duties for the time being conferred or imposed by law on the Judge permanently assigned to such circuit.

(4) Every person appointed under this section to act as a Judge of the Circuit Court shall during the period for which he is so appointed be paid out of moneys provided by the Oireachtas such remuneration and allowances as the Minister for Justice, shall, with the sanction of the Minister for Finance, determine.

(5) In section 45 of the Courts of Justice Act, 1924 (No. 10 of 1924) the words “in case of the illness of any Circuit Judge, a deputy may be appointed to act in his place, on the recommendation of the Attorney General, at such remuneration as may be sanctioned by the Minister for Finance: Provided however that no one other than a practising barrister of ten years' standing at least shall be qualified for appointment as deputy of a Circuit Judge,” are hereby repealed.

Short title, citation, construction and duration.

2. —(1) This Act may be cited as the Courts of Justice Act, 1929, and shall be construed as one with the Courts of Justice Acts, 1924 to 1928, and those Acts and this Act may be cited together as the Courts of Justice Acts, 1924 to 1929.

(2) This Act shall continue in force for two years from the passing thereof and shall then expire.