Courts of Justice Act, 1936
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PART III. The Circuit Court. | ||
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Increase of number of circuits. |
13.—(1) As soon as conveniently may be after the passing of this Act the Executive Council shall by order do all of the following things, that is to say:— | |
(a) appoint a day to be the appointed day for the purpose of this section; | ||
(b) divide the several counties and county boroughs in Saorstát Eireann into nine convenient groups (in this section referred to as circuits) for the purposes of the Circuit Court, but subject to the limitations that one such circuit (to be known as the Dublin Circuit) shall consist of the county borough of Dublin and the county of Dublin, and that no county or county borough shall be divided between two or more circuits; | ||
(c) attach to every circuit, other than the Dublin Circuit, a convenient name or a number by which such circuit shall be known; | ||
(d) assign to the Dublin Circuit two of the judges of the Circuit Court holding office on the appointed day; | ||
(e) assign to each of the circuits other than the Dublin Circuit one of the judges of the Circuit Court holding office on the appointed day. | ||
(2) If at the making by the Executive Council of their order under the first sub-section of this section a vacancy exists amongst the judges of the Circuit Court, the said order may be expressed and, if so expressed, shall operate to assign to a circuit the judge who shall be appointed to fill that vacancy, and if a judge assigned by such order to a circuit vacates his office by death or otherwise before the appointed day such order shall operate to assign to such circuit the judge who is appointed (whether before or after the appointed day) to fill the place of the judge so vacating his office. | ||
(3) On the appointed day the division of Saorstát Eireann into circuits effected by Part II of the Principal Act and the Schedule to that Act shall cease to have effect and the order made by the Executive Council under the first sub-section of this section shall come into operation and have effect and the circuits created by that order shall for the purposes of the Courts of Justice Acts, 1924 to 1931, and this Act be substituted for the circuits mentioned in the Schedule to the Principal Act and all references in the Courts of Justice Acts, 1924 to 1931, and this Act to circuits in relation to the Circuit Court shall be construed and have effect accordingly. | ||
(4) On the appointed day, sub-section (2) of section 9 of the Courts of Justice Act, 1928 (No. 15 of 1928), shall cease to have effect. | ||
(5) In this section, the expression “the appointed day” means the day appointed by the Executive Council under this section to be the appointed day for the purposes of this section. |