Courts (Supplemental Provisions) Act, 1961

Jurisdiction of District Court.

33.—(1) There shall be vested in and transferred to the District Court—

(a) all jurisdiction which, by virtue of sections 77 and 78 of the Act of 1924, was, immediately before the operative date, vested in or capable of being exercised by the existing District Court,

(b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing District Court.

(2) (a) In this subsection—

“the Act of 1890” means the Public Health Acts Amendment Act, 1890 , as applied to Ireland by subsection (9) of section 12 of that Act and as amended by section 14 of the Act of 1935;

“the Act of 1935” means the Public Dance Halls Act, 1935 .

(b) Section 51 (which relates to music and dancing licences) of the Act of 1890 shall have effect as if for the references therein to licensing justices there were substituted references to the District Court.

(c) The jurisdiction vested in the District Court by this subsection shall be exercised by the justice of the District Court for the time being assigned to the district where there is situate the house, room, garden or other place in respect of which the licence under section 51 of the Act of 1890 is sought.

(d) Subsections (2) and (3) of section 2 and section 9 of the Act of 1935 shall have effect as if the references therein to a public dancing licence included references to a licence under paragraph 2 of section 51 of the Act of 1890.

(3) The District Court shall have jurisdiction to hear and determine an action for wrongful detention (including jurisdiction to make an order for the return of the goods claimed) where the value of the goods claimed does not exceed £50.

(4) (a) The District Court shall have jurisdiction to hear and determine any action commenced after the commencement of this Act which is founded on a credit-sale agreement (within the meaning of the Hire-Purchase Acts, 1946 and 1960) where the amount of the claim does not exceed one hundred pounds.

(b) Paragraph (a) of section 53 of the Act of 1936 shall not apply to an action—

(i) in which the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation in the State, and

(ii) to which paragraph (a) of this subsection relates.