Judges
The head of the 19th century Irish legal system was the Lord Chancellor of Ireland (the premier judge in the Court of Chancery), with the Lord Chief Justice of Ireland (the premier judge in the Court of King’s Bench) coming next in precedence. There followed the Chief Justice of the Common Pleas in Ireland and the Chief Baron of the Irish Exchequer. All were assisted by puisne judges also assigned to the relevant court.
There was also a Rolls Court run by the Lord Chancellor’s Deputy, the Master of the Rolls in Ireland. Later, there was an Admiralty Court, a Bankruptcy Court, an Encumbered/Landed Estates Court and a Probate Court. All of these had designated judges presiding over them.
The above system was changed by the Supreme Court of Judicature (Ireland) Act 1877, which converted the original four courts of Chancery, King’s Bench, Exchequer and Common Pleas into divisions of a single High Court of Justice. By 1897 the four divisions of the High Court of Justice had been reduced to two: Chancery and King’s Bench. The 1877 Act also created a Court of Appeal in Ireland
The creation of the Irish Free State in 1922 was followed by the Courts of Justice (Ireland) Act 1924. This Act replaced the Court of Appeal in Ireland with a Supreme Court and a Court of Criminal Appeal. The High Court of Justice was replaced by a new High Court of the same name, but without divisions, and a Central Criminal Court took the place of the previous Assize jurisdiction of the High Court, which had involved High Court judges travelling outside Dublin to preside over trials for serious criminal offences.
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An Unfortunate Case of Mistaken Identity: Killing the Wrong Chief Justice, 1803
The murder, during the 1803 Rebellion, of a Lord Chief Justice of Ireland, may have contributed to the bias shown against its leader, Irish barrister Robert Emmet, during his subsequent trial for treason. The Lord Chief Justice so killed was… Continue reading
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The Lost Years of Lord Justice Moriarty, 1883-1890
‘What I Have Seen and Heard,’ by J.G. Swift MacNeill (1849-1926), available to read free of charge at this link, is replete with fascinating information about the Irish Bar and Bench in the period 1870-1914. Particularly intriguing is MacNeill’s account… Continue reading
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Straight from the Four Courts to Marlborough Green of a Friday night, c. 1761
This poem by TP Stuart, published in the Lady of the House of 25 December 1920, recalls the frolics of 18th century Dubliners on Marlborough Green, a pleasure garden to the east of what is now O’Connell Street. Names dropped… Continue reading
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Baron Pennefather, Ireland’s Blind Judge, 1839-1859
From the Globe, 4 October 1909: “The death of Mr EFP Emmett, of the Burnley Incorporated Law Society, one of the two blind solicitors in England, may recall the fact, says the ‘Law Times’ that in Ireland a judge of… Continue reading
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English Precedents, 1921
As the above story from the Irish Independent of 4 June 1921 shows, even prior to the signing of the Anglo-Irish Treaty, some members of the Irish bench were making a point about a possible move away from English law.… Continue reading