Courts of Justice Act, 1953

PART IV.

The Circuit Court.

Division of the State into circuits.

16.—(1) The Government may, if and when they think fit, by order—

(a) divide the several counties and county boroughs in the State into eight convenient groups (in this Act referred to as circuits) for the purposes of the Circuit Court, but subject to the limitations—

(i) that one circuit (to be known as the Dublin Circuit) shall consist of the county and county borough of Dublin,

(ii) that another circuit (to be known as the Cork Circuit) shall consist of the county and county borough of Cork, and

(iii) that no county or county borough shall be divided between two or more circuits;

(b) attach to each circuit (other than the Dublin Circuit and the Cork Circuit) a name by which such circuit shall be known;

(c) permanently assign to the Dublin Circuit two of the judges of the Circuit Court holding office on the commencement of the order;

(d) permanently assign to each other circuit one of the judges of the Circuit Court holding office on the commencement of the order.

(2) (a) The order may make provision for the continuation and completion of any business transacted in the Circuit Court which is initiated before the commencement of the order and is not completed before such commencement.

(b) For the purposes of this subsection, business transacted in the Circuit Court shall be regarded as being initiated on the day on which the civil bill or other originating document relating to it is issued.

(3) On the commencement of the order—

(a) the division of the State into circuits effected under section 13 of the Act of 1936 shall cease to have effect;

(b) the existing assignments of judges of the Circuit Court to such circuits shall cease;

(c) the circuits created under subsection (1) of this section shall, for the purposes of the Acts and this Act, be substituted for the circuits created under the said section 13;

(d) references in any Act to circuits in relation to the Circuit Court shall be construed accordingly.

(4) If at the making of the order the number of judges of the Circuit Court is less than nine, the order may be expressed and, if so expressed, shall operate to assign to a circuit the judge who shall be appointed to fill the vacancy, and, if a judge assigned by the order to a circuit vacates his office by death or otherwise before the commencement of the said order, the order shall operate to assign to such circuit the judge who is appointed (whether before or after the commencement of the order) to fill the place of the judge so vacating his office.