Supreme Court and Circuit Courts (Prothonotary) Amendment Act 1948 (NSW)

118                  Supreme Court and Circuit Courts (Prothonotary)

Amendment Act.

SUPREME COURT AND CIRCUIT COURTS

(PROTHONOTARY) AMENDMENT ACT.

Act No. 22, 1948.

George VI.

No. 22,1948.	An Act to make further provision in relation to the office of Prothonotary of the Supreme Court, and for the appointment from time to time of an acting Prothonotary; to amend the Supreme Court and Circuit Courts Act, 1900, the Public Service Act, 1902, the Superannuation Act, 1916, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 21st May, 1948.]
T ^E it enacted by the King’s Most Excellent Majesty, f y by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
Short title.	1. This Act may be cited as the “ Supreme Court and Circuit Courts (Prothonotary) Amendment Act, 1948.”

Amend­	2 . (1) (a) The Supreme Court and (hrcuit Courts
ment of

Act No. 35,

Act, 1900-1941, is amended by omitting section 15.\ and by

1900.

inserting in lieu thereof the following section:—

Substi­

tuted

sec. 15 a.

Appoint­	15a. (1) The Governor may, under and subject to
ment of

Protho­	the Public Service Act, 1902, as amended by subse­
notary	quent Acts, from time to time appoint a Prothonotary
and of
acting	of the Supreme Court.
Protho­
notary.	(2) (a) The Governor may, under and subject to the Public Service Act, 1902, as amended by subsequent Acts, from time to time as occasion may require, appoint an acting Prothonotary to act temporarily in the place of the Prothonotary during^ the illness, incapacity or absence of the Prothonotary or while the office of Prothonotary is for the time
being vacant. (b)

Supreme Court and Circuit Courts (Prothonotary) 119

Amendment Act.

(b) During the period for which he is No. 2^ 948.

appointed, an acting Prothonotary shall have the powers, duties and functions of the Prothonotary and may act in the place of the Prothonotary.

No person shall be concerned to inquire whether or not any occasion has arisen requiring or authoris­ ing an acting Prothonotary so to act or as to the necessity or propriety of his appointment; and all acts or things done by an acting Prothonotary shall be as valid and effectnal and shall have the same force and consequence as if the same had been done by the Prothonotary.

(c) Nothing in this subsection shall be construed to abridge or otherwise affect any powers, authorities, duties or functions conferred or imposed on a Deputy Prothonotary by or under this or any other Act.

(b) The Supreme Court and Circuit Courts Act, 1900, as amended by subsequent Acts and by this Act, may be cited as the Supreme Court and Circuit Courts Act, 1900-1948.

(2) The Public Service Act, 1902, as amended Amend-

by subsequent Acts, is amended by omitting from section Act*No. 31,

five the word “ Prothonotary” .

]002,s.5.

(Applica­

tion of

Act.)

(3) (a) The Superannuation Act, 1916, as amended Amend-

by subsequent Acts, is amended by omitting from the a™Nô. 28 definition of “ Employee” in subsection one of section idig,s.3.

three the Avords “ or the Prothonotary” . tî ns)*'

(b) Tlie Superannuation Act, 1916, as

amended by subsequent Acts and by this Act, may be

cited as the Superannuation Act, 1916-1948.

3 .        (1) Section two of this Act shall not operate to SaWngof

affect the tenure of office of the person who, immediately pr”esent̂ before the commencement of this Act, holds the office of Protho- Prothonotary (Avhich person is in this section referred

to as “ the present Prothonotary” ) ; and the present Prothonotary may continue to hold that office in all respects as if this Act had not been enacted.

. (2).

120 Transport (Officers Gratuities) Amendment Act.

Ho.23) 1948. Section two of this Act shall not operate—

(a)	to deprive the present Prothonotary of any right to receive any payment or pension to which he would be entitled under any of the Acts amended by section two of this Act if this Act had not been enacted; or
(b)	to deprive any person of any right to receive any payment or pension to which upon the death of the present Prothonotary he would be entitled under any of the Acts amended by section two of this Act if this Act Imd not lieon enacted.

(3) The person who, immediately before the commencement of this Aet, holds the oliici' of t)eputy Prothonotary may continue to hold that office in all respects as if he liad been appointed thereto by the Governor under and subject to the Public Service Act, 1902, as amended by subsequent Acts.