First Previous (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) Next (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)

39 1961

COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961

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

Section 22 (3) .

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.