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Master. This subject will of course require to be carefully considered, having due regard to the experience in this respect of the last seven years during which the Rule of Court No. 154 has been practically in operation.
The Right Hon. Edward Cardwell, M.P.
We have, &c.
(Signed)
ROUNDELL PALMER. R. P. COLLIER.
&c.
&c.
&c.
11877.
SIB,
No. 291.
(VICTORIA.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, December 20, 1864.
We are honoured with your commands, signified in Sir Frederic Rogers' letter
of the 14th of December instant, stating that he was directed by you to request that we would take into our consideration the accompanying Despatch from the Governor of No. 96, 19 Victoria, and favour the Victorian Government with our opinion on the question to Sept. 1864. which it relates.
Sir Frederic Rogers was also pleased to add that by the 49th and 80th sections of the Victorian Constitution Act, which forms the schedule to the Imperial Act of Parliament, a certain limited sum is appropriated to pensions for retiring judges, which are to be granted under regulations to be framed by the Governor in Council, so that the same shall, as far as may be, accord with the Act of the Imperial Par- "liament regulating the pensions of the judges of the United Kingdom." That there is no one Act regulating the pensions of the judges of the United Kingdom; but that it was stated by the late Chief Justice of Victoria (correcting an error made by the Law Officers of that Colony) that the pensions of the English and Irish judges are as follows:
England.
Ireland.
Judges.
Salary. Pension.
Rate,
Salary. Pension,
Rato.
S
£
Chief Justice of Queen's Bench
Chief Justice of Common Pleas
Chief Baron -
£ 8,000 4,000 }
7,000 3,750 15/28ths
£ 5,000
4,600
£
3,420 7/10ths, minus 80%.
2,940 6/10ths, and 1807.
7,000 3,750 Ditto
4,600
Ditto
Ditto.
Puisne Judges
5,000 3,500
7/10ths
3,700
2,390 6/10ths, and 1701.
Lord Chancellor
10,000 5,000
8,000
4,000.
Master of Rolls
6,000 3,750 5/8ths
4,600
2,900 6/10ths, and 1007.
Vice Chancellor of England
-
6,000 3,750 5/8ths.
Three Vice-Chancellors
·
}
Judge of Appeal
5,000 3,500 7/10ths.›
6,000 3,750 5/8ths.
J
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PUBLIC RECORD OFFICE
19
Reference:
C.O. 885
The Irish judges' salaries and pensions are reduced to Irish currency, on the same scale as that adopted
in the scale of the Civil Service officers.
That the pensions of the Scotch judges are stated to be three fourths of their salaries.
That the Governor in Council had issued a regulation under the above-cited enact- ment, declaring that a Victorian judge retiring from ill health or after 15 years' service (which are the conditions of retirement in Great Britain) may receive a persion not exceeding one half of his salary.
That it is contended that this rate of pension does not, as far as may be," accord with the Imperial legislation, to which it should have been adjusted.
Sir Frederic Rogera was further pleased to state that we were therefore requested, first, to favour the Government of Victoria with our opinion, whether this Government regulation is or is not invalid, and, secondly, should we be of opinion that it is so, to supply a draft of such regulations as could be legally promulgated by the Governor in Council in respect to the pension of judges.
Q 16976.-500. 35.-2/86.
የበ
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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