APPOINTING JUDGES

Greymouth Evening Star, 25 June 1923, Page 2

APPOINTING JUDGES

——— AMENDMENT TO ACT.

WELLINGTON, June 21. The Judicature Amendment Bill, which was read a first time in the Legislative Council, aims at restricting the power of appointment of temporary judges. Section 11 of the 1908 Act' gave the Governor-General power to appoint a judge, temporarily during the illness or absence of a jtuße. Such temporary' judges were to hold office' “during his Excellency’s pleasure.” The amending Bill proposes to delete the words ‘ during his Excellency’s pleasure,” and add the following provisions:—“The power conferred to appoint a judge or judges for any temporary purpose shall, save in the case of an appointment made on account of the illness or absence of a judge, be, exercised only on a certificate signed by the Chief Justice, and not less than three other permanent judges, to the effect that in their opinion it is necessary for the conduct of the business of the Court, that one or more additional judges should be, temporarily appointed. Every judge appointed on account of the illness or absence of a judge shall hold office, during, the pleasure of the Governor-General, and every other judge appointed for a temporary purpose shall hold office for such period not exceeding twelve months, as may be limited in his commission.” The Bill also proposes that any two members of the same division shall have power to act as the Court of Appeal for the purpose of delivering any judgment of the Court, or of hearing applications for leave to appeal to the Privy Council. Another proposal is: “Where any enactment now in force, or that may hereafter be passed, confers jurisdiction on the (Supreme Court or a judge thereof, in regard to any matter without expressly conferring jurisdiction to award or otherwise deal with the costs of the proceedings in the Court connected with such matter, jurisdiction to award and deal with such costs and to make and enforce orders relating thereto, shall be deemed to be also conferred on. the Court or judge. Such costs shall be in the discretion of the Court or judge, and may, if the Court or judge thinks fit, be. ordered to be charged upon on paid out of any fund or estate before the Court.”