5

10

notwithstanding that he has been admitted to his A.D. 1928. office without a certificate from the Civil Service Commissioners.]

(3) On a vacancy occurring in the office of a district probate registrar, any person, being a person qualified for appointment as district probate registrar, may be appointed to act as provisional district probate registrar for such period, not exceeding six months from the date on which the vacancy occurs, as the President of the Probate Division may direct [and with such remuneration as the President, with the concurrence of the Treasury, may determine.”]

(5) In section one hundred and twenty of the 15 principal Act (which provides that officers of the Supreme Court shall not practise as barristers or solicitors) there shall be substituted for the words "district probate registrars" the words "any part-time district probate registrars.

20

[2.—(1) The following provisions shall have effect in Temporary relation to any district probate registrar who was ap- to retiring provision as pointed before the date of the commencement of this Part allowances of this Act and who, having either before that date or of district probate within such period after that date as the President of the registrars. 25 Probate, Divorce and Admiralty Division of the High

Court, with the concurrence of the Treasury, may prescribe, applied to be allowed to retire from his office, is allowed by the President, with the concurrence of the Treasury, to retire therefrom at some specified date, and 30 so retires:

35

40

(a) If the registrar is one to whom a certificate has
been issued by the Civil Service Commissioners,
he shall, in addition to the annual compen-
sation allowance for which he may be eligible
under the Superannuation Acts, 1834 to 1919,
be entitled to a lump sum equal to whichever
of the two following amounts is the less, that
is to say:-

(i) the amount of the difference between
the capitalised value of that annual allowance

A.D. 1928.

:

and the capitalised value of two-thirds of the annual salary on which the said annual allowance is computed (both the said values being calculated in accordance with the tables for life annuities issued by the National Debt 5 Commissioners); or

(ii) the amount of the annual salary of the registrar at the date of his retirement;

(b) If the registrar is one in whose case a certificate
has not been so issued, the Treasury may grant 10
to him by way of compensation such gratuity,
not exceeding twice the amount of the salary
received by him during his last year of employ-
ment, as may seem to them just:

Provided that in the case of a registrar who 15
has not been required to devote his whole time
to his employment as a registrar, the foregoing
provision shall have effect as if one-and-a-half
times the amount of the salary were substituted
for twice the amount of the salary.

20

(2) The decision of the Treasury on any question which arises as to the application of this section to any person, or as to the amount of the compensation allowance, lump sum or gratuity to which a person to whom this section applies is entitled, shall be final, and for the 25 purposes of calculating the amount of the compensation allowance, lump sum or gratuity to be granted to any such person the annual salary of that person at the date of his retirement and for each of the last three years of his employment shall be deemed to include an 30 amount equal to the average annual amount of any agency fees received by him during the three years ending on the thirty-first day of December, nineteen hundred and twenty-five, and any amount so included shall be deemed to have been wholly paid out of moneys 35

provided by Parliament.]

3. The following subsection shall be substituted A.D. 1928. for subsection (2) of section one hundred and nine of the principal Act:

Appointment and

"(2) The clerks in a district probate registry status of shall be appointed by, and shall be removable by, clerks in the President of the Probate Division, and shall district probate accordingly be deemed (subject always to the pro- registries. visions of this Act) to be officers of the Supreme Court:

Provided that the provisions as to officers of the Supreme Court contained in subsection (1) of section one hundred and ten, section one hundred and eleven and subsection (1) of section one hundred and eighteen of this Act shall not have effect in relation to such clerks, [and notwithstanding anything in section one hundred and nineteen of this Act any such clerk shall, if the President with the approval of the Treasury so directs, be entitled to a salary under this Part of this Act notwithstanding that he has been admitted to his office without a certificate from the Civil Service Commissioners.

annuation allowances

[4. The following section shall be inserted after Supersection one hundred and nine of the principal Act: “109A.—(1) Subject to the provisions of this of clerks in district section, employment as a clerk in a district probate probate registry shall, on whatever date the em- registries. ployment commenced, be deemed to be for all purposes employment in the civil service of the State, and if a certificate has been issued to him by the Civil Service Commissioners allowances may be granted in his case accordingly under the Superannuation Acts, 1834 to 1919:

Provided that, except in so far as the Treasury may direct, no account shall be taken for the purposes of this section of service before the issue of the certificate.

(2) Where a person who was immediately before the second day of June, nineteen hundred

A.D. 1928.

and twenty-eight, employed as a clerk in a district
probate registry is required by reason only of his
having attained any age to retire from service
as such a clerk, the Treasury may, if he has been
required to devote his whole time to employment 5
as such a clerk and if he had attained the age
of fifty-five years before the eighteenth day of
January, nineteen hundred and twenty-seven,
grant to him by way of compensation such
gratuity, not exceeding twice the amount of the 10
salary received by him during his last year of
employment, as may seem to them just.

(3) Where any person to whom by virtue of
this section any allowance or gratuity may be
granted has during the whole or any part of the 15
three years immediately preceding his retirement
been in receipt of agency fees, his annual salary
for those three years or that part of those three
years shall, for the purposes of this section, be
deemed, if the Treasury so direct, to include an 20
amount not exceeding the average annual amount
of any agency fees received by him during the
three years ending on the thirty-first day of Decem-
ber, nineteen hundred and twenty-five, or, in the
case of a clerk whose grade was changed at any 25
time between the first day of January, nineteen
hundred and twenty-three, and the eighteenth
day of January, nineteen hundred and twenty-
seven, during a period of three years ending on
such later date as the Treasury may think proper 30
to fix, and any amount so included shall be
deemed to have been wholly paid out of moneys
provided by Parliament.

(4) The decision of the Treasury on any question which arises as to the application of 35 this section to any person or as to the amount of any superannuation allowance or gratuity thereunder shall be final.”]

5. This Part of this Act shall come into operation A.D. 1928. on the second day of June, nineteen hundred and twenty-eight.

Commence. ment.

PART II.

5

10

15

20

25

30

GENERAL AMENDMENTS OF 15 & 16 GEO. 5. c. 49. 6. The following subsection shall be inserted at the end of section four of the principal Act:

66

(4) Without prejudice to the provisions of this Act relating to the distribution of business in the High Court, all jurisdiction vested in the High Court under this Act shall belong to all the Divisions alike."

Jurisdiction

of Divisions of High

Court.

7. After section sixty of the principal Act there Power of shall be inserted the following section:

Lord Chan. cellor to direct that

"60A.-(1) Where by any enactment, rule or order any proceedings are directed to be trans- business acted or disposed of by or under the direction shall cease of a special judge or judges of the High Court, to be the Lord Chancellor may, if at any time it appears assigned to to him desirable so to do, with a view to the more special judge. convenient administration of justice, by order direct that notwithstanding any such enactment, rule or order such proceedings may be transacted and disposed of by or under the direction of any one or more of the judges of the High Court:

Provided that an order shall not be made under this subsection except with the concurrence of the President of the Division to which the jurisdiction with respect to the proceedings is at the time assigned.

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(2) Any order made under this section may at any time be revoked, varied or amended by a subsequent order so made."

8. Section ninety-nine of the principal Act (which Amendment 35 relates to rules of court) shall be amended as follows:- of s. 99 of principal

40

(1) At the end of paragraph (d) of subsection (1) Act.
thereof there shall be inserted the words "and
"for providing that any interlocutory applica-
"tion to be made in connection with or for the
purpose of any appeal or proposed appeal
"to be heard by a divisional court shall be

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