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Dáil Éireann díospóireacht -
Thursday, 30 Nov 1944

Vol. 95 No. 9

Ceisteanna—Questions. Oral Answers. - Jurisdiction of District Courts.

asked the Minister for Justice whether he is aware that the exclusion of all title jurisdiction from the District Court results in onerous legal expenses in the Circuit Court for many poor litigants whose causes could be adequately and expeditiously disposed of by the District Justice; and whether he will take steps to repose a limited title jurisdiction in the District Court.

asked the Minister for Justice whether he is aware that costs in the Circuit Courts on litigants are intolerably heavy; and whether he will take steps to increase the jurisdiction of the District Courts to £50 in civil cases.

I propose to take questions Nos. 33 and 34 together.

Proposals for an extension of the jurisdiction of the District Court on the lines suggested in the questions were made to the Joint Committee of the Dáil and Seanad which, in 1929, examined the working of the Courts of Justice Act, 1924, and the other statutes affecting the civil jurisdiction of the courts. The Committee did not, however, recommend the adoption of those proposals.

More recently the same, or very similar, proposals have again been put forward and are at present under examination. I am unable at this stage to give any indication of what decisions are likely to be reached.

May I take it the view of the Minister would be favourable to the giving of a limited title jurisdiction?

Mr. Boland

The Deputy will have to wait and see.

Is the Minister aware that if I desire to sue my neighbour for 6d. damages for the trespass of a hen, I am obliged at the present time to go to the Circuit Court and there incur costs which may easily amount to £20 in order to vindicate my right to exclude my neighbour's hen? And, mind you, in County Mayo we not infrequently have to take steps to exclude neighbours' hens.

And in Roscommon, too.

Will the Minister bear that in mind?

Mr. Boland

The whole matter is being examined.

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