Judge, to discharge, without further remuneration, 81, 82, 83 § 79, 80, the duties of Crier in Court or on Circuit, or of Usher or Train Bearer. The duties of Chamber Clerks, so far as relates to business transacted in chambers by Judges appointed after the commencement of this Act, shall be performed by officers of the Court in the permanent civil service of the Crown. as to officers fees. 80. Any existing officer attached to any existing Provisions Court or Judge whose jurisdiction is abolished or paid out of transferred by this Act, who is paid out of fees, and whose emoluments are affected by the passing of this Act shall be entitled to prefer a claim to the Treasury; and the Treasury, if it shall consider his claim to be established, shall have power to award to him such sum, either by way of compensation, or as an addition to his salary, as it thinks just, having regard to the tenure of office by such officer and to the other circumstances of the case. the status of by Rule. 81. Where a doubt exists as to the position Doubts as to under this Act of any existing officer attached to officers to be any existing Court or Judge affected by this Act, determined such doubt may be determined by Rules of Court; subject to this proviso, that such Rules of Court shall not alter the tenure of office, rank, pension (if any), or salary of such officer, or require him to perform any duties other than duties analogous to those which he has already performed. Powers of administer 82. Every person who at the commencement of this Act shall be authorised to administer oaths in sioners to any of the Courts whose jurisdiction is hereby oaths. transferred to the High Court of Justice shall be a Commissioner to administer oaths in all causes and matters whatsoever which may from time to time be depending in the said High Court or in the Court of Appeal. Official Referees to 83. There shall be attached to the Supreme Court permanent officers to be called Official be appointed Referees, for the trial of such questions as shall under the provisions of this Act be directed to be tried by such Referees. The number and the § 83, 84 qualifications of the persons to be so appointed from time to time, and the tenure of their offices, shall be determined by the Lord Chancellor, with the concurrence of the Presidents of the divisions of the High Court of Justice, or a majority of them (of which majority the Lord Chief Justice of England shall be one), and with the sanction of the Treasury. Such Official Referees shall perform the duties entrusted to them in such places, whether in London or in the country, as may from time to time be directed or authorised by any order of the said High Court, or of the Court of Appeal; and all proper and reasonable travelling expenses incurred by them in the discharge of their duties shall be paid by the Treasury out of moneys to be provided by Parliament. of officers of Court. Duties, appointment, 84. Subject to the provisions in this Act contained and removal with respect to existing officers of the Courts whose Supreme jurisdiction is hereby transferred to the Supreme Court, there shall be attached to the Supreme Court such officers as the Lord Chancellor with the con currence of the Presidents of the Divisions of the High Court of Justice, or the major part of them, of which majority the Lord Chief Justice of England shall be one, and with the sanction of the Treasury, may from time to time determine. Such of the said several officers respectively as may be thought necessary or proper for the performance of any special duties, with respect either to the Supreme Court generally, or with respect to the High Court of Justice or the Court of Appeal, or with respect to any one of the divisions of the said High Court, or with respect to any particular Judge or Judges of either of the said Courts, may by the same authority, and with the like sanction as aforesaid, be attached to the said respective Courts, Divisions, and Judges accordingly. All officers assigned to perform duties with respect to the Supreme Court generally, or attached to the High Court of Justice or the Court of Appeal, and all Commissioners to take oaths or affidavits in the Supreme Court, shall be appointed by the Lord $ 84, 85 Chancellor. All officers attached to the Chancery Division of the said High Court, who have been heretofore appointed by the Master of the Rolls, shall continue, while so attached, to be appointed by the Master of the Rolls. All other officers attached to any Division of the said High Court shall be appointed by the President of that Division. All officers attached to any Judge shall be appointed by the Judge to whom they are attached. Any officer of the Supreme Court (other than such officers attached to the person of a Judge as are herein-before declared to be removeable by him at his pleasure,) may be removed by the person having the right of appointment to the office held. by him, with the approval of the Lord Chancellor, for reasons to be assigned in the order of removal. The authority of the Supreme Court over all or any of its officers may be exercised in and by the said High Court and the said Court of Appeal respectively, and also in the case of officers attached to any Division of the High Court by the President of such Division, with respect to any duties to be discharged by them respectively. pensions of 85. There shall be paid to every official Referee Salaries and and other salaried officer appointed in pursuance officers. of this Act such salary out of moneys to be provided by Parliament as may be determined by the Treasury with the concurrence of the Lord Chancellor. An officer attached to the person of a Judge shall not be entitled to any pension or compensation in respect of his retirement from or the abolition of his office, except so far as he may be entitled thereto independently of this Act; but every other officer to be hereafter appointed in pursuance of this part of this Act, and whose whole time shall be devoted to the duties of his office, shall be §85,86,87 deemed to be employed in the permanent Civil Service of Her Majesty, and shall be entitled, as such, to a pension or compensation in the same manner, and upon the same terms and conditions, as the other permanent civil servants of Her Majesty are entitled to pension or compensation. Patronage not otherwise pro vided for. Solicitors and attorneys. 86. Subject to the provisions herein-before contained, any rights of patronage and other rights or powers incident to any Court, or to the office of any Judge of any Court whose jurisdiction is transferred to the said High Court of Justice, or to the said Court of Appeal, in respect of which rights of patronage or other rights or powers no provision is or shall be otherwise made by or under the authority of this Act, shall be exercised as follows, that is to say: if incident to the office of any existing Judge shall continue to be exercised by such existing Judge during his continuance in office as a Judge of the said High Court or of the Court of Appeal, and after the death, resignation, or removal from office of such existing Judge shall be exercised in such manner as Her Majesty may by Sign Manual direct. 87. From and after the commencement of this Act all persons admitted as solicitors, attorneys, or proctors of or by law empowered to practise in any Court, the jurisdiction of which is hereby transferred to the High Court of Justice or the Court of Appeal, shall be called Solicitors of the Supreme Court, and shall be entitled to the same privileges and be subject to the same obligations, so far as circumstances will permit, as if this Act had not passed; and all persons who from time to time, if this Act had not passed, would have been entitled to be admitted as solicitors, attorneys, or proctors of or been by law empowered to practise in any such Courts, shall be entitled to be admitted and to be called Solicitors of the Supreme Court, and shall be admitted by the Master of the Rolls, and shall, as far as circumstances will permit, be entitled as such solicitors to the same privileges and be subject to the same obligations as if this $87,88,89 Act had not passed. Any solicitors, attorneys, or proctors to whom this section applies shall be deemed to be Officers of the Supreme Court; and that Court, and the High Court of Justice, and the Court of Appeal respectively, or any Division or Judge thereof, may exercise the same jurisdiction in respect of such solicitors or attorneys as any one of Her Majesty's superior courts of law or equity might previously to the passing of this Act have exercised in respect of any solicitor or attorney admitted to practise therein. PART VI. Jurisdiction of Inferior Courts. Order in diction on 88. It shall be lawful for Her Majesty from time Power by to time by Order in Council to confer on any Council to inferior Court of civil jurisdiction, the same juris- confer jurisdiction in Equity and in Admiralty, respectively, as inferior any County Court now has, or may hereafter have, Courts. and such jurisdiction, if and when conferred, shall be exercised in the manner by this Act directed. Courts 89. Every inferior Court which now has or which Powers of may after the passing of this Act have jurisdiction inferior in equity, or at law and in equity, and in Admiralty having Equity and respectively, shall, as regards all causes of action Admiralty within its jurisdiction for the time being, have jurisdiction, power to grant, and shall grant in any proceeding before such Court, such relief, redress, or remedy, or combination of remedies, either absolute or conditional, and shall in every such proceeding give such and the like effect to every ground of defence or counter-claim, equitable or legal (subject to the provision next herein-after contained), in as full and ample a manner as might and ought to be done in the like case by the High Court of Justice. |