Legislator Case Law & Legislation
1949_act_8 IE

COURTS OF JUSTICE (DISTRICT COURT) ACT, 1949

6 Articles / Provisions · Ireland
Open official source Machine-readable Markdown (.md)

Table of Provisions (6)

Statutory Text (6 Articles)

ISB Act 1949-05-18

SCHEDULE. Enactments Repealed.

Enactments Repealed.

Section 4.

Number and Year

Number and Year

Short title

Short title

Extent of Repeal

Extent of Repeal

(1)

(1)

(2)

(2)

(3)

(3)

No. 48 of 1936.

No. 48 of 1936.

Courts of Justice Act, 1936.

Courts of Justice Act, 1936.

Section 47.

Section 47.

No. 21 of 1946.

No. 21 of 1946.

Courts of Justice (District Court) Act, 1946.

Courts of Justice (District Court) Act, 1946.

Section 16.

Section 16.

ISB Act 1949-05-18

The Act of 1946.

The Act of 1946.

1

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

ISB Act 1949-05-18

Power to extend retiring age of certain Justices.

Power to extend retiring age of certain Justices.

2

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.

ISB Act 1949-05-18

Maximum number of Justices.

Maximum number of Justices.

3

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.”

ISB Act 1949-05-18

Repeals.

Repeals.

4

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.

ISB Act 1949-05-18

Short title and collective citation.

Short title and collective citation.

5

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.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →