Courts of Justice Act, 1936
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Power to extend retiring age of justices in Irish-speaking districts. |
47.—(1) Where a justice of the District Court, assigned to a district which includes an area in which the Irish language is in general use, is about to reach the age of retirement applicable to him by virtue of section 72 of the Principal Act and the Executive Council are satisfied that such justice possesses such knowledge of the Irish language as enables him to dispense with the assistance of an interpreter when evidence is given in that language and that such justice is not suffering from any physical or mental ill-health or disability which would render him unfit to continue to discharge efficiently the duties of his office, the Executive Council may, if they so think proper and notwithstanding anything contained in the said section 72 , by order made before such justice attains the said age continue such justice in office for such period (not exceeding five years) from and after he attains the said age as they shall think proper and shall specify in such order. | |
(2) Where a justice of the District Court has been continued in office under this section for a period not exceeding five years or for two or more periods not exceeding in the aggregate five years and the Executive Council are satisfied that such justice is not suffering from any physical or mental ill-health or disability which would render him unfit to continue to discharge efficiently the duties of his office, the Executive Council may, if they so think fit and notwithstanding anything contained in section 72 of the Principal Act, by order made before the expiration of the said period or the last of the said periods (as the case may be) continue such justice in office for such further period from and after such expiration as they shall think proper and shall specify in such order, but subject to the limitation that the aggregate of the periods for which such justice is continued in office under this section shall not exceed five years. | ||
(3) Where a justice of the District Court is continued in office under this section, the provisions of the Principal Act and this Act in relation to the resignation, removal, and pension of a justice of the District Court shall continue to apply to such justice during the period or periods for which he is so continued in office. |