The Courts of Justice Act, 1924

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Number 10 of 1924.

THE COURTS OF JUSTICE ACT, 1924.

ARRANGEMENT OF SECTIONS

Preliminary

Section
1.	Short Title.
2.	Commencement of Act.
3.	Interpretation of terms.

Part I

THE HIGH COURT AND THE SUPREME COURT

4.	Constitution of High Court.
5.	Constitution of Supreme Court.
6.	Ex-officio judges.
7.	Sitting of High Court judges in Supreme Court.
8.	Court of Criminal Appeal.
9.	Precedence between judges.
10.	Mode of address.
11.	Vacancy in office of judge.
12.	Age of retirement.
13.	Remuneration.
14.	Pension.
15.	Charge of remuneration and pension on Central Fund.
16.	Qualification for appointment.
17.	Jurisdiction of High Court.
18.	Jurisdiction of Supreme Court.
19.	Jurisdictions transferred to Chief Justice.
20.	Reference Committee under Finance (1909-10) Act, 1910.
21.	Transfer of pending business.
22.	Jurisdiction to be exercised pursuant to rules of court.
23.	Rota of judges for election petitions.
24.	Judges to have jurisdiction to hear all cases, but no judge to hear appeal from order made by himself.
25.	Remittal or transfer of actions.
26.	Appeal in remitting applications.
27.	Grand Jury not to be summoned for consideration of indictments.
28.	Court of Criminal Appeal to sit in Dublin; one member alone to pronounce judgment.
29.	Decision of Court of Criminal Appeal final save on certificate of Attorney-General.
30.	Court of Criminal Appeal a superior court of record.
31.	Appeal from Central Criminal Court and Court of High Court Circuit.
32.	Leave to appeal in certain cases.
33.	Hearing of appeal.
34.	Jurisdiction to affirm or reverse conviction.
35.	Appellant guilty but insane.
36.	Rules of Court.

Part II.

THE CIRCUIT COURT.

37.	Constitution of Circuit Court.
38.	Mode of Address and precedence of judges.
39.	Tenure of office.
40.	Age of retirement.
41.	Salaries and pensions.
42.	Charge of salaries and pensions on Central Fund.
43.	Qualification for appointment.
44.	Circuits comprising Irish-speaking districts.
45.	Vacancy in office of judge; illness and deputy.
46.	Power to appoint temporary assistant judges.
47.	Circuit Court a court of record.
48.	Jurisdiction in civil cases.
49.	Jurisdiction in criminal cases.
50.	Jurisdiction in applications for new licences.
51.	Jurisdiction transferred and application of Sections 21 & 22 mutatis mutandis
52.	Exercise of jurisdiction by judges severally in civil cases.
53.	Exercise of jurisdiction by judges severally in criminal cases.
54.	Cases to be sent forward to Court of High Court Circuit or Central Criminal Court.
55.	Exercise of jurisdiction in licensing cases.
56.	Exclusions from jurisdiction.
57.	Ancillary powers.
58.	Powers of procuring attendance of witnesses.
59.	Registering circuit action as lis pendens and judgment exceeding £20 over costs.
60.	Service of documents and enforcement of judgments.
61.	Appeal in civil cases.
62.	Appeal on report of official stenographer and power to admit fresh evidence.
63.	Appeal in all cases tried on indictment.
64.	Section 27 to apply to indictments in Circuit Court.
65.	Rule making authority for Circuit Court.
66.	Rules of Circuit Court.

Part III

THE DISTRICT COURT

67.	Constitution of District Court.
68.	Justices of District Court to be appointed.
69.	Qualification for appointment.
70.	Vacancy in office: illness and deputy.
71.	Court Districts comprising Irish-speaking areas.
72.	Age of retirement.
73.	Justices not removable from office save as mentioned in section.
74.	Remuneration.
75.	Pensions.
76.	Temporary Assistant Justices.
77.	Jurisdiction of the District Court.
78.	Jurisdiction transferred to the District Court.
79.	Exercise by the Justices severally of jurisdictions.
80.	“The Children's Court.”
81.	Orders under Debtor's Act (Ireland) 1872, Section 6.
82.	Execution of decrees.
83.	Case stated for High Court on question of law.
84.	Appeal in civil cases.
85.	Appeal in criminal cases.
86.	Case stated or appeal to be in form, etc., prescribed by rules.
87.	Appeal in licensing cases.
88.	Appointment of Peace Commissioners.
89.	No further appointments under District Justices (Temporary Provisions) Act, 1923.
90.	Rule-making authority.
91.	Rules for carrying this Part of this Act into effect.
92.	Sanction of rules.

Part IV

MISCELLANEOUS AND TRANSITORY PROVISIONS

93.	Existing solicitors and commissioners for administering oaths.
94.	Right to jury in civil cases, and costs in such cases.
95.	Verdict of nine members of jury in civil cases.
96.	Form of appeals in jury cases.
97.	Report of stenographer to be certified.
98.	Courts in Dublin Castle deemed to be situated in City and County of Dublin.
99.	Declaration to be taken by judges and justices on appointment.
100.	Age of retirement for existing judges appointed under this Act.
101.	Rules not to come into operation until approved by Oireachtas.
102.	Provisions as to existing officers.
103.	Appeals pending to Judge of Assize shall be heard by Judges of High Court.
104.	Trial of persons awaiting trial at commencement of Act.

SCHEDULE

Acts Referred to
Dáil Eireann Courts (Winding-Up) Act, 1923	No. 36 of 1923
Adaptation of Enactments Act, 1922	No. 2 of 1922
District Justices (Temporary Provisions) Act, 1923	No. 6 of 1923

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Number 10 of 1924.

THE COURTS OF JUSTICE ACT, 1924.

AN ACT FOR THE ESTABLISHMENT OF COURTS OF JUSTICE PURSUANT TO THE CONSTITUTION OF SAORSTAT EIREANN AND FOR PURPOSES RELATING TO THE BETTER ADMINISTRATION OF JUSTICE. [12th April, 1924.]

WHEREAS it is necessary for the exercise of the judicial power of Saorstát Eireann and the administration of justice therein to establish public courts in accordance with the provisions in that behalf contained in the Constitution:

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

Preliminary.

The Courts of Justice Act, 1924 Permanent Page URL

The Courts of Justice Act, 1924

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