Judge in Equity Act 1870 (SA)

ANNO TRICESIMO TERTIO ET TRICEBIMO QUARTO

No. 23.

An Act to $X the Tenure o f Ofice o f the Primary Judge in Equity,

ancl to provide for the Pe~formance qf the Duties of	the Office
of Primary Juu& in Bipz'ty .ilz certain Cases.

[Reserved, 13th January, 187 2 .l

HEREAS it is expedient to fix the tenure of office of Primary Preamble.

'gV Judge under the Equity Act, 1866, and to make provision for the performance of the duties of the said office of Prin~ary Judge

in certain cases-Be it therefore Enacted by thc Governor of the Province of South Australia. with the advice and consent of the 1,cgislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

2 K

1. When any Judge of the Supreme Court shall, under the Judge appointed

provisions of the Eqmty Act, 1866, bc by the Governor, with the 'rimar~ accept oEce Judge and per-

advice and consent of the Executivc Council, nominated and appointed	form the duties.
Primary Judge, the Judge so appointed shall accept such offi-ce, and hold the same, and, from the date of such appointment, have all the powers, and perform all the duties of Primary Judge under the said Equity Act, 1866, so long as he shall continue a Judge of the said Supreme Court, or until the Governor, with the advice and consent;
of the Executive Council, shall accept his resignation of the said
office of Primary Judge.

2. 'l'he power by the 10th clause of the said Equity Act, 1866, Si t t i~g of other

Judges in pl:+c:c~ of

conferred upon either of the other Judges of the mid Court to sit	~ ~ d ~ ~, ,
for the Primary Judge shall be extended to all cases or proceed- ings wherein the said Frimary Judge shall be unable to act by reason of absence from the said Province, or on circuit, or from

illness,

33" & 34" VICTORIIZE, No. 23.

illness, and to d cases and proceedings in which the said Primary Judge shall be or declare himself to be interested in any matter or proceeding, or u ~ a b l e to give a judicial decision thereon from having acted as counsel or attorney in the suit or proceeding in which such matter or question arises, or otherwise in connexion with the subject matter of such suit OS proceeding, and any Judge so acting for the Primary Judge shall, in every matter in which he shall so act, have all the powers and authorities which, by the said Equity Act, are conferred upon the Primary Judge; and any decree, order, or other act of any Judge of the said Court acting as aforesaid for the Primary Judge may be appealed from in the same manner as though the said decree, order, or other

Act had been pronounced, made, or done by the Primary Judge.

This Act andEquity 3. This Act and the Equity Act, 1866, shdl be read together as

Act, 1866, incor-

porated. one Act.

I reserve this Bill for the signification of Her Majesty's

pleasure thereon.

.TAME$ FERGUSXON, Governor.