THE JUDICIARY.

Timaru Herald, Volume XIIIC, Issue 13711, 28 September 1908, Page 3

THE JUDICIARY.

DR. FINDLAY'S PROPOSALS

NEW COURT OF APPEAL

The new Judiciary Bill, to be introduced by the Hon. Dr. Findlay, AttorneyGeneral, provides that the Court of Appeal shall consist of three judges, who shall not be also judges of the Supreme Court. One of the three judges to be so appointed shall hold the office, and btar the title of Chief Justice of New Zealand, and shall be the president of the Court of Appeal. The Chief Justice of New Zealand and the other judges of the Court of Appeal shall be styled justices of appeal. The Court of Appeal, as constituted, shall for all purposes be deemed to be the same court as the Court of Appeal established! by the principal Act. The judge who. on the commencement of this Act, holds the office of Chief Justice of the Supreme Court, shall thereupon cease to be a judge of the Supreme Court, and shall thereupon become and be (without further appointment than this Act) the Chief Justice of New Zealand and a. justice of appeal, and shall be deemed to have befn duly appointed as such by the Governor.

On the commencement of this Act the office of Chief Justice of the Supreme Court, as established by the principal Act, is hereby abolished. All powers, functions, and duties conferred or imposed byi the principal Act, or by any other Act, on the Chief Justice of the Supreme Court (including the powers and jurisdiction conferred upon him by "The Land for Settlements Act, 1908," but not including his judicial functions as a judge of the Supreme Court), are hereby conferred or imposed upon the Chief Justice of New Zealand appointed by, or in pursuance of, this Act,- and all references in the principal Act, or in any other Act, to the Chief Justice of the Supreme Court shall ba read and construed accordingly as being references to tho Chief Justice of New Zealand. In the case of the absence of the said Chief; Justice from New Zealand, or bis inability to perform the functions of his office, all the duties and powers of the Chief Justice shall, dirnijg his absence or inability, devolve upori tlw? senior justice of appeal, or, in the case of the absence or inability of?the latter, upon the next; in eeniori.y. The other two justices of appeal are to Ik.' chosen from the judges of tins Supreme Court. latere are clatiseg.in regard to appointment 10 vacancies, qualifications, etc. The Chief Justice of New Zealand is to get iKJOOO per year, and the other two justices pf appeal ±;18C0 per year. v "Qii the recommendation of any two justices of appeal, of whom the Chief Justice, or tho judge for the tune being exercising the powers of the Chief Justice, c-hall be one, the Governor , may at any time, by Order-in-Council, authorise and vni|>ower the judges of the Supreme Court to sit together with the justices ol appeal on the hearing and determination of any specified appeal or other matter in the Court of Appeal. Any two or more justices of appeal shall have the power to act as the Court- of Appeal,; but two justices of appeal at least shall concur in every decision of that court. Part# II of the Bill deals with tlie Supreme Court. It is to consist of four judges, at a salary of £IBOO each. After the constitution of the Cburt of Appeal the remaining judges, together with aJjiew judge to be appointed, shall constitute the new Supreme Court. Part 111 deals with District Court*. Clause 56 provides for the abolition of the District Courts as from [March 31, 1909, and the. records thereof are to be -transferred to the Supreme Court. Actions pending in the District. Courts on tlx> abolition thereof are to b« transferred to thr* Supreme Court. The final clause provide* for the procedure in the hearing of :tn appeal to the Supreme Court.