Courts of Justice (District Court) Act, 1949

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Number 8 of 1949.

COURTS OF JUSTICE (DISTRICT COURT) ACT, 1949.

ARRANGEMENT OF SECTIONS

SCHEDULE

Number 8 of 1949.

COURTS OF JUSTICE (DISTRICT COURT) ACT, 1949.

AN ACT TO AMEND CERTAIN PROVISIONS, RELATING TO THE DISTRICT COURT, OF THE COURTS OF JUSTICE ACTS, 1924 TO 1947. [18th May, 1949.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

The Act of 1946.

1.—In this Act the expression “the Act of 1946” means the Courts of Justice (District Court) Act, 1946 (No. 21 of 1946).

Power to extend retiring age of certain Justices.

2.—(1) (a) In this section the expression “the Committee” means a committee consisting of—

(i) the Chief Justice,

(ii) the President of the High Court, and

(iii) the Attorney General.

(b) The Committee may act by a majority of its members and a warrant under this section shall be sufficiently authenticated if signed by two members of the Committee.

(2) Where—

(a) a Justice of the District Court, whose age of retirement under section 15 of the Act of 1946 is sixty-five years, is about to reach that age, and

(b) he satisfies the Committee that he is not suffering from any disability which would render him unfit to continue to discharge efficiently the duties of his office,

the Committee may, if they so think proper after consultation with the Minister for Justice, by warrant made before such Justice attains the said age, continue him in office for one year commencing on the date on which he will attain the said age.

(3) Where—

(a) a Justice of the District Court to whom a warrant under subsection (2) of this section or under this subsection relates is about to reach the age of (as the case may be) sixty-six, sixty-seven, sixty-eight or sixty-nine years, and

(b) he satisfies the Committee that he is not suffering from any disability which would render him unfit to continue to discharge efficiently the duties of his office,

the Committee may, if they so think proper after consultation with the Minister for Justice, by warrant made before such Justice attains the said age, continue him in office for one year commencing on the date on which he will attain the said age.

(4) The provisions of this section shall have effect notwithstanding anything contained in section 15 of the Act of 1946.

Maximum number of Justices.

3.—In the Act of 1946, the following section shall be substituted for section 16—

16. “The number of Justices at any time shall not exceed forty-two.”

Repeals.

4.—The enactments specified in column (2) of the Schedule to this Act are hereby repealed to the extent specified in column (3) of the said Schedule.

Short title and collective citation.

5.—(1) This Act may be cited as the Courts of Justice (District Court) Act, 1949.

(2) The Courts of Justice Acts, 1924 to 1947, and this Act may be cited together as the Courts of Justice Acts, 1924 to 1949.

SCHEDULE.

Enactments Repealed.

Section 4 .