Courts (Supplemental Provisions) Act, 1961

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Jurisdiction of Cork Circuit Court Judge in admiralty causes and in bankruptcy.

23.—(1) In this section—

“the Cork Circuit” means the circuit of the Circuit Court consisting of the county and county borough of Cork;

“the Cork Circuit Court Judge” means the judge of the Circuit Court for the time being assigned to the Cork Circuit.

(2) (a) The Cork Circuit Court Judge shall constitute and hold a local admiralty court (in this subsection referred to as the Court) to be called the Cork Local Admiralty Court.

(b) The Court shall, within the Cork Circuit with the parts of the sea adjacent to it and within the outer limit of the territorial seas, within the meaning of the Maritime Jurisdiction Act, 1959 , have the jurisdiction in admiralty causes which immediately before the commencement of Part II of the Act of 1924 was exercisable by the former Recorder of Cork.

(c) The jurisdiction of the Court shall be exercised by the Cork Circuit Court Judge.

(d) Section 38 of the Act of 1936, as applied by section 48 of this Act, shall apply to every judgment or order of the Court.

(3) (a) The Cork Circuit Court Judge shall constitute and hold a local bankruptcy court (in this subsection referred to as the Court) to be called the Cork Local Bankruptcy Court.

(b) The Court shall, as respects any person residing or having an office or place of business in the Cork Circuit who is a debtor or person sought to be adjudged a bankrupt or an arranging debtor, have the like jurisdiction, power and authority in bankruptcy and as to arrangement with creditors and composition after bankruptcy as are for the time being vested in or capable of being exercised by the High Court.

(c) The jurisdiction of the Court shall be exercised by the Cork Circuit Court Judge.

(d) Section 38 of the Act of 1936, as applied by section 48 of this Act, shall apply to every judgment or order of the Court.

(4) Subsections (6) and (7) of section 22 of this Act shall have effect as if the references therein to the Circuit Court included references to the Cork Local Admiralty Court and the Cork Local Bankruptcy Court.

(5) Subsections (8), (11), (14) and 15 of section 22 of this Act shall apply to proceedings in the Cork Local Admiralty Court and in the Cork Local Bankruptcy Court.

(6) (a) In this subsection references to section 25 (which relates to the remittal or transfer of actions pending in the High Court) of the Act of 1924 are references to that section, as applied by section 48 of this Act and; as amended by section 11 of the Act of 1936, as so applied, and by section 13 of the Act of 1953, as so applied.

(b) Section 25 of the Act of 1924 shall apply to admiralty actions pending in the High Court which might have been commenced in the Cork Local Admiralty Court, and for that purpose references in the said section to the Circuit Court shall be construed as references to the Cork Local Admiralty Court.

(c) Section 25 of the Act of 1924 shall apply to bankruptcy proceedings pending in the High Court which might have been commenced in the Cork Local Bankruptcy Court, and for that purpose references in the said section to the Circuit Court shall be construed as references to the Cork Local Bankruptcy Court.