Courthouses (Provision and Maintenance) Act, 1935

Repair of courthouse in case of failure of council to repair same.

6.—(1) Whenever a council fails or neglects to maintain in proper repair and condition any courthouse accommodation which such council is required by this Act to maintain, the following provisions shall have effect, that is to say:—

(a) save as is otherwise provided by this section, the Minister shall, after consultation with the Minister for Finance, direct the Commissioners to execute such repairs and do such other work as may be necessary or proper to put such courthouse accommodation into proper repair and condition, and thereupon the Commissioners shall execute such repairs and do such other work as the Minister shall direct;

(b) where the estimated cost of the said repairs or other work does not exceed ten pounds, the Minister may authorise the county registrar or district court clerk having custody of such courthouse accommodation to procure the said repairs or other work to be done locally.

(2) Whenever a council fails or neglects to provide a sufficient supply of coal, gas, electricity, or other substance or thing required for the due and proper lighting or heating of any courthouse accommodation provided and maintained by such council under this Act, the county registrar or district court clerk having custody of such courthouse accommodation may, with the consent of the Minister, procure the supply of such amount (not exceeding ten pounds in cost) as he shall, with the consent aforesaid, think proper of such substance or thing.

(3) Whenever the Commissioners have executed repairs or done other work under this section or a county registrar or a district court clerk has under this section procured repairs or other work to be done or procured the supply of any substance or thing, the following provisions shall have effect, that is to say:—

(a) the Commissioners or such county registrar or district court clerk (as the case may be) shall be entitled to recover the costs and expenses incurred by them or him in the execution or procuring the doing of such repairs or other work or procuring the supply of such substance or thing (as the case may be) as a civil debt in any Court of competent jurisdiction from the council charged under this Act with the duty of maintaining the courthouse accommodation to or for which such repairs or other work were done or such substance or thing was supplied;

(b) the amount of any costs or expenses which have been incurred by the Commissioners in the execution of such repairs or other work may, if and so far as such amount is not otherwise recovered by the Commissioners and whether proceedings for the recovery thereof have or have not been instituted by the Commissioners, be deducted by the Minister for Finance from any grant or other moneys under his control payable to such council;

(c) a certificate in writing sealed with the official seal of the Minister certifying the amount of any such costs or expenses as are mentioned in the first paragraph of this sub-section shall be conclusive evidence of the amount of such costs and expenses for the purpose of any proceedings for the recovery of such costs and expenses under the said paragraph.

(4) All amounts deducted by the Minister for Finance under this section and all moneys recovered by the Commissioners or by a county registrar or district court clerk under this section shall be paid into or disposed of for the benefit of the Exchequer either (as the case may be) by the Minister for Finance or in such manner as that Minister shall direct.

(5) Nothing in this section shall impose or authorise the imposing on the Commissioners of any obligation or duty for or in respect of the continuing maintenance of any courthouse accommodation or the continuing provision of any light or heat therein.