1 EDW. VII. No. 2, 1901. Amendment Act. 3 EDW. VII. No. 9, 1903. the case may be, shall have power to hear and determine such motion or application, and for such purpose may exercise all the jurisdiction, powers, and authorities of the Court which may be exercised by a Judge sitting alone: Provided that such Registrar may if he thinks fit adjourn any such motion or application in order that the same may be heard or determined by a Judge. make rules. 3. The Judges of the Court, or a majority of them of whom the Chief Power to Justice shall be one, may from time to time make all such Rules of Court as are necessary to give effect to the provisions of this Act, and for the regulation of appeals from orders made under the authority of this Act. 4.* An Act to Further Amend "The Supreme Court Act of 1874." [ASSENTED TO 17TH SEPTEMBER, 1901.] BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: 1 Edw. VII. OF 1901. 1. This Act may be cited as "The Chief Justice's Salary Act of 1901," Short title and and shall be read and construed with and as an amendment of "The construction. Supreme Court Act of 1874."+ Chief Justice. 2. From and after the commencement of this Act the salary of the Salary of Chief Justice of Queensland shall be at the rate of two thousand five hundred pounds per annum. 3. This Act shall commence and take effect on and from the next Commencement appointment of a Chief Justice of Queensland. 4.* of Act. An Act to Amend "The Supreme Court Acts, 1867 to 3 Edw. VII. 1899." [ASSENTED TO 13TH NOVEMBER, 1903.] BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: No. 9. 1. This Act shall be read and construed with and as an amendment Short title and of "The Supreme Court Acts, 1867 to 1899,"‡ and may be cited construction Sect on 4 crepealing section) repealed, 8 Edw. VII No. 18, s. 2. title Acts. +38 Vic. No. 3. supra. 31 Vie. No. 23 and amending Acts, supra. of Act. Appointment of Senior Puisne Judge. Number of Judges. together with those Acts as "The Supreme Court Acts, 1867 to 1903," and separately as "The Supreme Court Acts Amendment Act of 1903.” 2. The Governor, with the advice of the Executive Council, may appoint the Senior Puisne Judge of the Supreme Court for the time being resident in Brisbane to be the Senior Puisne Judge of the Court. The Judge so appointed shall, for all purposes whatsoever, be deemed to be the Senior Judge of the Court next after the Chief Justice, and shall continue to have such seniority, notwithstanding any subsequent transfer of a Central Judge or a Northern Judge to the Supreme Court at Brisbane. 3. The number of the Judges of the Court shall not be less than four and shall not exceed five, and it shall be lawful for the Governor, with the advice of the Executive Council, by commission in His Majesty's name, to appoint a duly qualified person to fill any vacancy in the number of such Judges, whether such vacancy has occurred before the passing of this Act or may hereafter occur. 4.* 59 Vic. No. 7. THE SUPREME Preamble. Short title. Commencement of Act. 35 & 36 Vic. c. 44, s. 2. THE SUPREME COURT FUNDS ACT OF 1895. An Act to Amend the Law respecting the Custody and [ASSENTED TO 24TH SEPTEMBER, 1895.] HEREAS it is expedient that there should be but one accounting department for the Supreme Court: And whereas it is expedient to abolish the office of Accountant-General of the Supreme Court and to make better provision respecting the transaction of the business now performed in the office of the Accountant-General and for managing the moneys, effects, and securities of suitors, and for securing the same on the Consolidated Revenue Fund: And whereas it is further expedient to provide for the establishment of a deposit account for suitors' moneys lodged in the said Court and for allowing to the suitors interest upon the moneys belonging to them while in the custody of the Court, but without depriving them of the right to require the investment thereof at any time on their own behalf and at their own risk: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as "The Supreme Court Funds Act of 1895." 2. This Act shall, except as regards the making of Regulations and Rules of Court, come into operation on the first day of January, one thousand eight hundred and ninety-six, which day is herein referred to *Section 4 repealed sections 7 and 9 of the Act of 1889, supra, and the first paragraph section 17 of the Act of 1895, supra. 1895 as the commencement of this Act: And as to the making of Regulations 3. In this Act Interpretation. 35 & 36 Vic. The term "The Treasurer" means the Treasurer of Queensland, or c. 44, s. 3. The term Court" means the Supreme Court of Queensland; The term Regulations" means Regulations made by the The term "Rules of Court" means general Rules of Court made The term 66 Government Securities" means any Queensland Government Debentures, Queensland Government Inscribed Stock, Queensland Treasury Bills, Queensland Government Savings Bank Stock, moneys at credit in the books of the Queensland Government Savings Bank, debentures guaranteed by the Government of Queensland, and any other Parliamentary Securities of the Government of Queensland: Securities" includes Government securities and any security of the United Kingdom, or of any foreign State, or of any part of Her Majesty's Dominions out of the United Kingdom, or of any body corporate or company, or standing in books kept by any body corporate or company or person in Queensland, and all stock, funds, and effects: The term 66 The term The term Money in Court" means any sum of money paid into The term "The Registrar" means the Registrar of the Court: " 4.* *Section 4 (repealing section) repealed, 8 Edw. VII. No. 18, s. 2, title Acts Pay office. 46 & 47 Vic. c. 29, s. 1. Abolition of Funds in 46 & 47 Vic. c. 29, s. 2. Officer may be appointed to act for Treasurer. 35 & 36 Vic. c. 44, s. 4. Indemnity of Construction of Acts, &c., relating to AccountantGeneral. 35 & 36 Vic. c. 44, s. 6. 5. From and after the commencement of this Act there shall be one accounting department for the Supreme Court. 6. From and after the commencement of this Act the office of Accountant-General shall be abolished, and the Treasurer shall perform all the duties and exercise all the powers and authorities which thereto fore were performed by, or vested in or capable of being exercised by, the Accountant-General, or, in respect of money in Court, by the Registrar. 7. All securities and money which, at the commencement of this Act are vested in the Accountant-General, and all securities in Court at the time of the commencement of this Act, and all securities and money which, at any time after the commencement of this Act, shall be transferred or paid into or deposited in Court to the credit of any cause matter, or account, shall be vested in the Treasurer for and on behali of the Court, and shall continue to be and be subject to the provisions of this Act, and to the General Orders and Rules of Court heretofore made, and now in force, until the same shall be revoked or altered by Regulations or Rules of Court made under this Act, and thereafter subject to the Regulations made under this Act and to the Rules of Court: And subject as aforesaid the same shall be held by the Treasurer in trust to attend the orders of the Court in regard thereto. 8. Any act, instrument, or authority required or authorised to done, signed, executed, or exercised, by the Treasurer for the purposes of this Act, or of the Regulations or Rules of Court, may be done, signed. executed, or exercised, by any person appointed by the Governor in Council to act for the Treasurer in that behalf. 9. The Consolidated Revenue Fund shall be liable to make good to the suitors of the Court all money in Court, and all securities in Court. whether the same have been paid, transferred, or deposited, into or in Court before or after the commencement of this Act, and all moneys and securities vested in the Treasurer for the time being by or in pursuance of this Act. And if two Judges of the Supreme Court, of whom the Chief Justice is one, either with or without a representation made to them by a suitor of the Court, certify to the Governor in Council in writing that the Treasurer has failed to pay any money in Court, or to transfer or deliver any securities in Court, which has or have been ordered by any order of the Court to be paid, transferred, or delivered, from his account, or has been guilty of any default with respect to such money or securities, the Governor in Council may cause to be paid out of the Consolidated Revenue, to the credit of the Treasurer for the time being on behalf of the Court, such sum of money as may be certified by such Judges in writing to be necessary to pay the money so ordered to be paid, or to replace the securities so ordered to be transferred or delivered, or to make good such default. 10. When under any Act, whether passed before or after the com mencement of this Act, or otherwise, any money or securities would, i this Act had not been passed, be capable of being paid, transferred, o deposited, to or into, or in the name of, or to the account or credit of, o with the privity of, the Accountant-General, or to, or into, or in, Court the same shall, after the commencement of this Act, be paid, transferred or deposited, to the credit or account of, or with the privity of, the Treasurer on behalf of the Court, and shall be subject to the like trusts, orders, directions, powers, and provisions, as if he were the AccountantGeneral, and the orders of the Court relating thereto shall have the same effect as the like orders of the Court would have had if this Act had not been passed. All Acts of Parliament, all rules and orders made in pursuance of any Act of Parliament, all general orders of the Court, all orders of the Court, and all instruments and proceedings of every description referring to the Accountant-General, shall, subject to the provisions of this Act and of the Regulations and Rules of Court, be construed and put into execution as if the Treasurer for the time being were therein named or referred to in place of the Accountant-General, so, however, that all moneys and securities shall be paid, transferred, or deposited to the credit or account of the Treasurer for the time being on behalf of the Court, and not into the name of the person who is Treasurer. Orders and 35 & 36 Vic. 11. All Rules of Court, and all orders of the Court, and all instruments Framing and proceedings relating to business of the Court to be transacted by Rules of the Treasurer in pursuance of this Act, which in this Act is referred to Court. as "Court business," shall, after the commencement of this Act, be c. 44, s. 7. framed and expressed in such a manner as may be necessary for carrying the provisions of this Act with respect to the Accountant-General and Treasurer into effect. office for 12. The Treasurer shall cause to be kept, in the neighbourhood of the Treasury place where the Court ordinarily holds its sittings, offices for the purpose Court of carrying on Court business, and for making, for the purpose of Court business. business, payments of small amounts in cash, and shall from time to c.44, s. 8. time provide such clerks and officers as are necessary for conducting such business and making such payments. 35 & 36 Vic. 35 & 36 Vic. 13. All securities and money vested in the Treasurer in pursuance of Vesting of this Act shall vest in the Treasurer for the time being on behalf of the property. Court without any conveyance, assignment, or transfer, notwithstanding c. 44, s. 9. the death, resignation, or removal from office, of the person who is Treasurer, and shall be held by him in trust to attend the orders of the Court. And all acts done by the Treasurer with reference to such securities and money in pursuance of an order of the Court shall be valid and effectual. receipt of c. 44, s. 10. 14. All securities from time to time transferred, standing, or deposited Transfer of into, in, or to the account of, the Treasurer in pursuance of this Act, securities and shall be held by him in trust in the several causes and matters in which dividends. such securities are transferred, standing, or deposited, respectively, and 35 & 36 Vic. shall not be transferred, sold, or delivered out except in pursuance of an order of the Court; but the certificate of the registrar or of the Curator in Insanity, countersigned by the Treasurer, shall be sufficient evidence of the order referred to in the certificate, and of the directions contained in such order, and shall be a necessary and sufficient authority to the Bank and to every person for transferring, on sale or otherwise, or delivering out, any securities standing in the books of or deposited with the Bank or any person to the credit or account of the Treasurer on behalf of the Court, and the securities directed by any such certificate to be transferred or delivered out shall be transferred or delivered out accordingly on behalf of the Treasurer by some officer of the Bank or by such person. |