Electoral Act, 1923

Appeals.

16.—(1) An appeal shall lie to the County Court having jurisdiction in the registration area from any decision of the registration officer on any claim or objection which has been considered by him under this Act, or the placing of, or refusal to place, any mark against any name on the register, and rules of court shall be made for the purpose of determining the procedure on any such appeals and for applying and adapting thereto any enactments relating to county courts and the procedure therein:

Provided that except in University constituencies an appeal shall not lie where a claimant or objector has not availed himself of his opportunity, as provided in the First Schedule to this Act, of being heard by the registration officer on the claim or objection, or as to the placing of, or refusing to place, any such mark as aforesaid:

Provided also that in the County Borough of Dublin and in a University constituency and in the administrative County of Dublin the appeal under this section shall not be to the County Court, but shall, in the County Borough of Dublin and in a University constituency, be to the revising barristers for the City of Dublin, and shall in the administrative County of Dublin be to the revising barrister for the County of Dublin.

(2) In any county in which the jurisdiction of the County Court is exercised for the time being by two or more County Court judges, the appeals from the registration officer shall be dealt with by such one of those judges or his assistant judge as may be directed by the Chief Justice of the Supreme Court, or shall be distributed amongst those judges and their assistant judges according as may be so directed.

(3) For the purposes of this Act County Court rules, orders, and scales of fees, costs, and charges may be made under sections seventy-nine, eighty-three, and eighty-four of the County Officers and Courts (Ireland) Act, 1877 ; but the provisions of those sections as to the concurrence of, or certification by County Court judges or the Recorder shall not apply.

(4) An appeal shall lie on any point of law from any decision of the County Court or of a Revising Barrister as the case may be on any such appeal from the registration officer in accordance with rules of the Supreme Court to the Court of Appeal, but no appeal shall lie from the decision of the Court of Appeal.

(5) The right of voting of any person whose name is for the time being on the register shall not be prejudiced by any appeal pending under this section, and any vote given in pursuance of that right shall be as good as if no such appeal were pending, and shall not be affected by the subsequent decision of the appeal.

(6) Notice shall be sent to the registration officer in manner provided by rules of court of the decision of the County Court or of a Revising Barrister or of the Court of Appeal on any appeal under this section, and the registration officer shall make such alterations in the register of electors as may be required to give effect to the decision.

(7) On any appeal under this section the registration officer shall be deemed to be a party to the proceedings.

(8) If the Chief Justice of the Supreme Court is satisfied on the representation of the judge of any County Court or the Revising Barristers or Barrister of the City or County of Dublin that the judge or Revising Barristers or Barrister is or are unable, owing to the necessity of dealing with appeals under this Act, to transact the business of the court with proper despatch, the Governor-General of Saorstát Eireann on the advice of the Executive Council may appoint a Barrister of at least seven years' standing to act as assistant judge or assistant Revising Barrister as the case may be for such time and subject to such conditions as the Governor-General of Saorstát Eireann on the advice aforesaid shall direct.

Any assistant judge or assistant Revising Barrister so appointed shall have all the powers and privileges and may perform any of the duties of the judge, Revising Barristers or Barrister, whether under this Act or otherwise, to whom he has been appointed assistant.

An assistant judge or assistant Revising Barrister shall be paid out of moneys provided by the Oireachtas such remuneration and travelling allowances as may be allowed by the Minister for Finance.

(9) For the purposes of this section the expressions “County Court,” “Supreme Court,” and “Court of Appeal” shall until the Oireachtas otherwise determines mean the Courts which under the enactments in force at the passing of this Act exercise in the registration area the powers and jurisdictions of a County Court or a Supreme Court or a Court of Appeal, respectively, by whatever name or names such courts may respectively be called.