THE JUDICATURE.

Dominion, Volume 7, Issue 1875, 8 October 1913, Page 4

THE JUDICATURE.

TWO JUDGES TO BE APPOINTED

COURT OF APPEAL.

"The steady growth of tho Court of Appeal and. Supremo Court .business throughout Now Zealand during, recent years necessitates an increase in tho number of Judges," said tho Minister for Justice, referring to tho Judicature Ainondmcnt Bill, introduced into tho House of Representatives yesterday. '"This fact has been brought under tie liolico of tho authorities by Law Societies, but nothing of-a practical nature has been done. In the year 1908 a Judiciary Bill was introduced, which provided for a permanent Court of Appeal, consisting of tho Chief Justice and two Justices of Appeal, and for a Supreme Court consisting-of four Judgos. This scheme was abandoned.

"Tho Bill now introduced provides: (a) For tho appointment of two additional Judges, thus making tho strength of the Bench up to nino Judges, including the Chief Justice and tho Judge of tho Arbitration Court j (b) for tho separation of tho Judges into two divisions for tho purposes of tho Court of Appeal. Olio division of 4, together with tho Chief Justice, who will, of course, preside, constituting one division of tho Court of Appoal, and the remaining four Judges, with tho Chief Justice, constituting the other division of tho. Court of Appeal. One division of tho Court of Appoal will take tho cases set down for hearing at ono sitting of tho Court,'and the other division will ioke tho cases set down for tho following sitting; then No. 1 division will take tho next Bitting, and so on. Thus, when tho Court of Appeal is sitting tho current Supremo Court work of tho country will bo undertaken by the Judges who aro not attending tho Court of Appeal. At tho present time tho Court of Appeal sits in Wellington three times a yoar, and as each sitting occupies . about four weeks, perhaps moro, it follows that for quite twelve weeks in tho year tliero aro no Judges availablo for tho transaction of the Supremo Court business of tho country.

"A number of circumstances have helped to swell tho volume of business of the Court of Appeal and tho Supremo Court. The general expansion in recent years of business all over Now Zealand; tho rapid .'development "that has taken placo m the North Island; tho abolition of the District Court and tho holding of. sittings .of the Supremo Court at additional places aro factors which have helped to bring about an increase of, work.

"It has been urged that thoro should be established a permanont peripatotio Court of Appeal. I have givl'n a groat deal of thought to this proposal, and I am satisfied that tho Dominion is not yet large enough for such an institution. Even if tho jurisdiction of tho Court of Appeal were enlarged there would not,' I think, be enough work to keep a permanent Court of Appeal constantly employed; besides, such a scheme would involve tho creation of an undesirablo distinction between tho Judges of Appeal and the puisne Judges. "The Bill does not provide for any increase in the salary of Judges, but Clause 4 of the Bill amendß tho present law relating to the superannuation allowances of Judges of the Supremo Court. Undor existing provisions the Judges are ontitled to superannuation allowances as follow:—(1) After 10 years' service, to threo-twelfths of salary: (2) after 15 years' servico, to sixtwelfths of sakry; after 21 years! sorVicfij'to eight-twelfths of salary.-.., It is proposed to provide for a yearly gradation of the superannuation, preserving the existing minimum and maximum proportions of tho salary on retirement. Thus, it is proposed that, after ten years' service, tno allowance should (as dt present) be sixtwenty-fourths of such salary. Tor each year's servico after ten years the - allowance is to be increased by one-twenty-fourth of' tho salary,' until the. maximum (two-thirds) is reached after twenty years' servico. Under the present law, the same maximum is not reached until after the completion of twenty-ono years' service. "The other clauses of tho Bill aro principally of a machinery character."