Supreme Court and Circuit Courts (Prothonotary) Amendment Act 1935 (NSW)

SUPlfEME COT’RT AND CIRCUIT

COURTS (PROTHONOTARY)

(AMENDMENT) ACT.

Act No. II, 1935.

George V.	All Act to make certain provisions relating to the office of Prothonotary of the Supreme Court; to amend the Supreme Court and Circuit Courts Act, 1900, the Public Service Act, 1902, and certain other Acts in certain respects; to validate certain Acts of the Prothonotary and Deputy Prothonotary; and for purposes connected therewith. [Assented to, 13th March, 1935.]
No. I I , 1935,
T 3E it enacted by the King’s Most Excellent Majesty,
I f ])v and with the advice and consent of the Legis­
lative Council and Legislative Assembly of New South Wales m Parliament assembled, and by the authority of the same, as follows :—

.Short title	1 .	(1) This Act may he cited as the “ Supreme Court
and com­

mencement.	and Circuit Courts (Protlionotarv) Amendment Act,
1935.” ' ’

(2)

Supreme Court and Circuit Courts (Prothonotary) 167

Amendment Act. „No, 14,1935.

(2) This Act shall be deemed to have commenced on

the second day of May, one thousand nine hundred and

thirty-four.

2 .       (1) The Supreme Court and Circuit Courts Act, Amend-

1900, is amended— Ac"no%5,

(a) by inserting next after section fifteen the following new Part:—■ '

PART I I a .

T he P eothoxotaey.

15a. (1) The Governor may with the concur- Appoint-

rence of the Chief Justice, appoint at such

salary as the Governor deems reasonable a notary. ■

Prothonotary of the Supreme Court.

(2) The Governor may with the like con­ currence appoint some fit person as Deputy Prothonotary to act as and exercise the powers and discharge the duties of the Prothonotary during his absence from Sydney or his incapacity to act from any cause or where the office of Prothonotary is for the time being vacant.

(3) (a) Subject to this section, every person appointed to the office of Prothonotary shall hold office during good behaviour, but shall retire oil the day on which he attains the age of seventy years.

(b) Every such officer shall on retir­ ing be entitled to a pension at the same rate as that provided in the case of a puisne judge appointed after the commencement of the Judges’ Pensions Amendment Act, 190G, under section twelve of this Act and subsections two to five inclusive of that section shall apply to such officer and pension.

(c) Where the person so appointed is at the time of his appointment an officer of the Public Service, and is then required to con­ tribute to any fund, he shall continue to contribute to such fund and shall be entitled to receive any deferred or extended leave and any

privileges

IBS Supreme Court and Circuit Courts (Prothonotary)

No. 14,1935. Amendment Act.

privileges and payment or pension as if he had remained an olScer or employee within the meaning of the Public Service Act, 1902, or the •Superannuation Act, 1916-1930, in addition to the pension provided for in paragraph (b) of this subsection.

(4) The Governor shall have power to

remove any person from the office of Protho­ notary on account of misbehaviour or inability to perform the duties of his office.

(b) by inserting in section one next after the figures “ 15 ” the heading and figures “ PAET IIa.— The Prothonotary—s. 15a. ”

(2) The Supreme Court and Circuit Courts Act, 1900, as amended by subsequent Acts and this Act, may be cited as the Supreme Court and Circuit Courts Act, 1900-1935.

3 .       The person holding the office of Prothonotary

Preaent

Protho­

notary	immediately prior to the commencement of tliis Act shall
continues	be deemed to be appointed to such office pursuant to

in office. section 15a of the Supreme Court and Circuit Courts Act. 1900-1935, subject to the following special provisions, namely:—

(a)	paragraph (a) of subsection three of the said section shall apply to him, but he shall retire not later than the fourth day of May, in the year one thousand nine hundred and thirty- seven.
(b)	paragraph (b) of the said subsection shall not apply to him, but he shall, on retirement, l)e entitled to a pension at the rate of three one- hundredths of his salary for each completed year of his service from the date of commence­ ment of this Act until the date of his retirement.

Such pension shall be in each year charged upon and payable out of the Consolidated Eevenue Fund.

Such pension to be in addition to any rights

accrued or accruing to which he may be entitled

on retirement under any other Act, and service

under

Mining (Amendment) Act. 169

under tliis Act shall be deemed to Ite serrice

,A_ '

within the meaning of the Public Service Act,

1902, or the Superannuation Act, 191G-19I>0;

(c)	paragraph (c) of the said subsection shall apply to him, but ho shall not tlieroby be required to make any contribution to which he was not, at the commencement of this Act, by law, required to make;
(d)	subsection four of that section shall extend to him.

4 . Section live of the Public Service Act, 1902. is Amcmimciit

amended by inserting after the words “ Master in Equity

or Lunacy ” the word “ Prothonotary.”

5 . No act done by the Prothonotary or the Deputy Validation..

Prothonotary at any time after the second day of May, one thousand nine hundred and thirty-four, shall be held invalid in law merely on the ground that the Protho­ notary had not at tlic time of the Act been properly continued in his office.