Dáil Eireann Courts (Winding-Up) Act, 1923

Reference of issue of fact to County or District Court.

10.—(1) The Commissioners may refer any issue of fact arising in any proceedings before them and which in their opinion can be more conveniently tried in a particular County or District Court, to the County Court Judge or District Justice of such court to be tried and determined by him, notwithstanding that the trial of such issue is by reason of the amount of money or the value of the property involved, or for any other reason, outside the jurisdiction of such County Court Judge or District Justice.

(2) A County Court Judge or District Justice to whom an issue is referred under this section shall at the first convenient opportunity, either at his regular sittings or at a special sitting, try and determine such issue and shall specify his finding thereon in writing to the Commissioners.

(3) A County Court Judge or District Justice when trying an issue referred to him under this section shall have the same powers, whether for summoning a jury, compelling the attendance of witnesses, preserving order in his court, requiring the assistance of the officers of his court or otherwise, in relation to the conduct of such trial as he has by law in relation to the conduct of the trial on a civil bill or District Court summons, as the case may be.

(4) No fees shall be charged in any County or District Court in relation to an issue referred to the Judge or Justice of such court under this section.

(5) No issue shall be referred under this section to a County Court Judge or District Justice without the consent of such Judge or Justice.