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32 1953

COURTS OF JUSTICE ACT, 1953

PART IV.

The Circuit Court.

Division of the State into circuits.

16. —(1) The Government may, if and when they think fit, by order—

(a) divide the several counties and county boroughs in the State into eight convenient groups (in this Act referred to as circuits) for the purposes of the Circuit Court, but subject to the limitations—

(i) that one circuit (to be known as the Dublin Circuit) shall consist of the county and county borough of Dublin,

(ii) that another circuit (to be known as the Cork Circuit) shall consist of the county and county borough of Cork, and

(iii) that no county or county borough shall be divided between two or more circuits;

(b) attach to each circuit (other than the Dublin Circuit and the Cork Circuit) a name by which such circuit shall be known;

(c) permanently assign to the Dublin Circuit two of the judges of the Circuit Court holding office on the commencement of the order;

(d) permanently assign to each other circuit one of the judges of the Circuit Court holding office on the commencement of the order.

(2) (a) The order may make provision for the continuation and completion of any business transacted in the Circuit Court which is initiated before the commencement of the order and is not completed before such commencement.

(b) For the purposes of this subsection, business transacted in the Circuit Court shall be regarded as being initiated on the day on which the civil bill or other originating document relating to it is issued.

(3) On the commencement of the order—

(a) the division of the State into circuits effected under section 13 of the Act of 1936 shall cease to have effect;

(b) the existing assignments of judges of the Circuit Court to such circuits shall cease;

(c) the circuits created under subsection (1) of this section shall, for the purposes of the Acts and this Act, be substituted for the circuits created under the said section 13;

(d) references in any Act to circuits in relation to the Circuit Court shall be construed accordingly.

(4) If at the making of the order the number of judges of the Circuit Court is less than nine, the order may be expressed and, if so expressed, shall operate to assign to a circuit the judge who shall be appointed to fill the vacancy, and, if a judge assigned by the order to a circuit vacates his office by death or otherwise before the commencement of the said order, the order shall operate to assign to such circuit the judge who is appointed (whether before or after the commencement of the order) to fill the place of the judge so vacating his office.

Assignment of a judge of the Circuit Court not assigned under section 16.

17. —(1) If on the commencement of the order made under section 16 of this Act there is a judge of the Circuit Court who is not permanently assigned by that order to a circuit, he may be permanently assigned at any time to a circuit by the Government and, pending such assignment, may from time to time be temporarily assigned to any circuit by the President of the Circuit Court.

(2) Where a judge of the Circuit Court is temporarily assigned, under subsection (1) of this section, to a circuit, then, such judge shall, while so temporarily assigned, have, in relation to such circuit and concurrently with any judge permanently assigned thereto and any judge who is temporarily assigned, under section 10 of the Courts of Justice Act, 1947 (No. 20 of 1947), to such circuit, all the privileges, powers, and duties for the time being conferred or imposed by law on a judge of the Circuit Court permanently assigned to such circuit.

Number of judges of the Circuit Court.

18. —(1) The Circuit Court shall consist of not more than nine judges.

(2) Section 9 of the Courts of Justice Act, 1928 (No. 15 of 1928), is hereby repealed.

(3) Subsections (1) and (2) of this section shall come into operation on the commencement of the order made under section 16 of this Act or, if there are then ten judges, on the occurrence of the first vacancy amongst them.

Extension of jurisdiction in civil cases.

19. —(1) Section 48 of the Act of 1924 (which relates to the jurisdiction of the Circuit Court in civil cases) is hereby amended as follows:—

(a) by the substitution in paragraph (ii) (which relates to contract and tort) of “£600” for “£300”,

(b) by the substitution in paragraph (iv) (which relates to probate and administration) of “£2,000” for “£1,000”, and the consequential modification of paragraph (v) (which relates to equity matters), and

(c) by the substitution in paragraph (vii) (which relates to proceedings on behalf of the State) of “£600” for “£300”.

(2) Section 20 of the Act of 1936 (which relates to the jurisdiction of the Circuit Court in remitted actions) is hereby amended by the substitution of “six hundred pounds” for “three hundred pounds”.

(3) Section 23 of the Act of 1936 (which relates to the right to abandon excess in the Circuit Court) is hereby amended by the substitution in subsection (1) and subsection (2) of “six hundred pounds” for “three hundred pounds”.

Transfer of part-heard action from one venue to another.

20. —A judge of the Circuit Court may on the application of any party to a civil action which has been partly heard transfer the remainder or any portion of the hearing to another venue within the circuit or within the Dublin Circuit if none of the other parties objects, and an appeal shall lie under section 38 of the Act of 1936 from the decision of the judge on any such application.