Supreme Court Temporary Judge Act of 1879 No 26a (NSW)

1879. 43» VIC. No. 2. 173

Supreme Court Temporary Judge.

No. II.

An Act to authorize the appointment of one

or more Judges of the Supreme Court for

a limited period. July, 1879.]

W J IIEIIEAS by reason of the absence on sick leave of two of the Preamble.

Judges of the Supreme Comd tlie business in the said Court has fallen into arrear and delay and loss are thereby inflicted upon

V V

suitors and others And whcn’cais it has become an \irg(mt necessity to

appoint one or more Judges of the said Court not exceeding two to hold

office for a limited period in order to check tlic further accumulation of

arrears in the said Court and to prevent as far as possible tlu ̂ adminis­

tration of Justice from being further retarded or impeded Be it	■
therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South JVales in Parliament assembled and l)y the authority of the same as follows ;—

1. I t shall be lawful for the Governor witli tlie advice of tlio Power to nppoint

Executive Council at any time within twelve montlis from the passing of this Act by Commissions under the Great Seal of the Colony to appoint in Her Majesty’s name in addition to the Cliief Justice and three Puisne Judges of the Supreme Court any persons not exceeding two and whether Banisters or not any law to the contrary hotn ith- standing to be Judges of the Supreme Court for a term not exceeding twelve calendar moirths from the date of each such Commission.

2. Each Judge so to be appointed shall from the date of his Tenure of office,

commission hold office as a Judge of the Supreme Court for all purposes Avhatsoever for a term not exceeding tivelve calendar months and no longer and shall bo liable to removal from office during such term in such manner and ujion such grounds only as the other Judges of the said Court are by law liable to removal therefrom.

J . Each Judge so to be appointed shall during his term of office salary &e.

be paid a salary at the yearly rate of tAvo thousand pounds which salary shall be secured and be payable in like manner as the salaries of the present Judges of the Supreme Court are secured and made jiayable And in the event of any such Judge being at any time hereafter apj)ointcd permanently to the office of Judge of the said Court he shall be entitled to count his judicial service under this Act for the purposes of his pension.

4. The Supreme Court shall for the purpose of hearing Equity Provision declaratory

Appeals as Avell as for all other purposes be lawfully constituted bv the constiuition

presence in Court of at least any three Judges of the said Court	'
Provided that nothing herein shall take away any poAver to hear and determine any matter in the Common LaAV or Ecclesiastical Jurisdic­ tion of the said Court or in Lunacy or Insolvency Avhich by any existing laAV may be hoard by any less number of Judges than three or to alter or' abridge any existing jurisdiction of any of the Judges of the Supreme Court.

5. This Act maybe cited for all purposes as the “ Supreme short title.

Court Temporary Judge Act of 1879.”

No. III.