Circuit Court Appeals Act, 1927
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No. 10/1927: CIRCUIT COURT APPEALS ACT, 1927 |
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ARRANGEMENT OF SECTIONS |
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AN ACT TO MAKE PROVISION FOR THE HEARING AND DETERMINATION OF PENDING CIVIL APPEALS FROM THE CIRCUIT COURT BY COMMISSIONERS APPOINTED FOR THAT PURPOSE. |
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[30th March, 1927.] |
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BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— |
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| Appointment of Commissioners. |
1.—(1) The Governor-General, acting on the advice of the Executive Council, may at any time within twelve months after the passing of this Act, appoint such and so many Commissioners for the purpose of this Act as he shall on the advice aforesaid think proper. |
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(2) No person shall be appointed to be a Commissioner for the purposes of this Act unless at the time of his appointment he is a person who could, under section 16 of the Courts of Justice Act, 1924 (No. 10 of 1924), be appointed to be a Judge of the High Court. |
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(3) Every person appointed to be a Commissioner for the purposes of this Act shall, while his- office continues, hold his office by the like tenure as a Judge of the High Court holds his office and with the like right of resignation. |
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(4) The office of a Commissioner for the purposes of this Act shall cease when the purposes of this Act have been fully performed. |
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(5) Every person appointed to be a Commissioner for the purposes of this Act shall, while he holds that office, be paid out of moneys to be provided by the Oireachtas such remuneration and allowances as the Minister for Justice shall, with the sanction of the Minister for Finance determine. |
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| Hearing of Circuit Court Appeals by Commissioners. |
2.—(1) Every appeal from the Circuit Court to the High Court under section 61 of the Courts of Justice Act, 1924 (No. 10 of 1924) which is pending at the passing of this Act may, in lieu of being heard and determined by two Judges of the High Court under the said section 61, be heard and determined by two Commissioners for the purposes of this Act. |
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(2) Commissioners for the purposes of this Act when hearing and determining appeals under this Act shall have all the powers, jurisdictions, and privileges of Judges of the High Court. |
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(3) Sections 61 and 62 of the Courts of Justice Act, 1924 and all relevant rules of court shall apply to the hearing and determination under this Act of appeals by Commissioners for the purposes of this Act with the substitution of reference to such Commissioners for all references in such sections and rules to Judges of the High Court, and accordingly every order made under this Act by two such Commissioners shall have the same force and effect and be enforceable in the same manner as alike order made by two Judges of the High Court would have and be. |
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| Places and times for sittings of Commissioners. |
3.—(1) The Commissioners for the purposes of this Act shall sit to hear and determine appeals under this Act at such place or places in the City of Dublin as the Minister for Justice shall from time to time direct. |
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(2) The Commissioners for the purposes of this Act may fix the times at which they will sit to hear and determine appeals under this Act and the particular Commissioners who will hear and determine any particular appeal. |
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| Short title. |
4.—This Act may be cited as the Circuit Court Appeals Act, 1927 . |
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