1194
and see Ord.
No. 1 of 1856.
Ord. No. 14 of No. 3 of No.3 of 1861.]
1850, s. 1. Ord.
1858,
88.4.5, 6. Ord.
Re-constitution of Supreme Court.
No. 6 of 1845, s. 5.]
How vacancy occasioned by death, &c. in the Court to be filled up. [No. 6 of 1845, s. 5.]
Judges to hold no other
[No. 6 of 1845,
ORDINANCE No. 12 OF 1873.
Supreme Court (Reconstitution).
and execute all and singular the powers and authorities of the Lord High Chancellor of England, with full liberty to appoint and control guardians of infants, and their estates, and also keepers of the persons and estates of idiots, lunatics, and such as, being of unsound mind, are unable to govern themselves and their estates.
11. From and after the passing of this Ordinance, the Supreme Court shall consist of, and be holden by and before a Chief Justice and a Puisne Judge. Every future Chief Justice and every Puisne Judge shall be appointed from time to time by Letters Patent under the public seal of the Colony, by the Governor, in accordance with such instructions as he may receive through one of Her Majesty's Principal Secretaries of State; and the said Judges shall respectively hold their offices during the pleasure of Her Majesty, subject to suspension by the Governor in like manner as other officers in the Colony.
12. In case the office of either of the said Judges shall become vacant by death, or otherwise, it shall be lawful for the Governor to appoint another fit and proper person to fill either of the said offices until Her Majesty's pleasure be known; and in case of the temporary illness or absence of either of the said Judges, it shall be lawful for the Governor, in his discretion, to appoint a fit and proper person to fill the office of such Judge until he shall resume the duties thereof: Provided always that until any appointment be made under this section, the whole business of the Court, except the hearing of appeals and other matters required to be heard before the Full Court, shall devolve upon and be transacted by the remaining or continuing Judge.
13. No Judge of the Supreme Court shall be capable of accepting, taking, or performing, any other office or place of profit, or emolument, authorised by law, on pain that the acceptance of any such other office or place as aforesaid, shall be and be deemed in law de facto an avoidance of his office of Judge, and the salary thereof shall cease, and be deemed to have ceased accordingly, from the time of such acceptance of any such other office or place.
Acts directed to be performed by the Chief Justice.
14. In all cases in which by any law in force within the Colony, any judicial or other act is directed or authorized to be performed by Chief Justice, such act may be performed by the Puisne Judge, and if so performed shall, subject to the provisions of section 18, be as valid to all intents and purposes as if the same had been performed by the Chief Justice.
1194
and see Ord.
No. 1 of 1856.
Ord. No. 14 of No. 3 of No.3 of 1861.]
1850, s. 1. Ord.
1858,
88.4.5, 6. Ord.
Re-constitu
tion of Supreme Court.
No. 6 of 1845, s. 5.]
How vacancy occasioned by death, &c. in the Court to be filled up. [No. 6 of 1845, 8. 5.]
Judges to hold no other
[No. 6 of 1845,
ORDINANCE No. 12 OF 1873.
Supreme Court (Reconstitution).
and execute all and singular the powers and authorities of the Lord High Chancellor of England, with full liberty to appoint and control guardians of infants, and their estates, and also keepers of the persons and estates of idiots, lunatics, and such as, being of unsound mind, are unable to govern themselves and their estates.
11. From and after the passing of this Ordinance, the Supreme Court. shall consist of, and be holden by and before a Chief Justice and a Puisne Judge. Every future Chief Justice and every Puisne Judge shall be appointed from time to time by Letters Patent under the public seal of the Colony, by the Governor, in accordance with such instructions as he may receive through one of Her Majesty's Principal Secretaries of State; and the said Judges shall respectively hold their offices during the pleasure of Her Majesty, subject to suspension by the Governor in like manner as other officers in the Colony.
12. In case the office of either of the said Judges shall become vacant by death, or otherwise, it shall be lawful for the Governor to appoint another fit and proper person to fill either of the said offices until Her Majesty's pleasure be known; and in case of the temporary illness or absence of either of the said Judges, it shall be lawful for the Governor, in his discretion, to appoint a fit and proper person to fill the office of such Judge until he shall resume the duties thereof: Provided always that until any. appointment be made under this section, the whole business of the Court, except the hearing of appeals and other matters required to be heard before the Full Court, shall devolve upon and be transacted by the remaining or continuing Judge.
13. No Judge of the Supreme Court shall be capable of accepting, office of profit. taking, or performing, any other office or place of profit, or emolument, authorised by law, on pain that the acceptance of any such other office. or place as aforesaid, shall be and be deemed in law de facto an avoidance of his office of Judge, and the salary thereof shall cease, and be deemed to have ceased accordingly, from the time of such acceptance of any such other office or place.
Acts directed to be perform- ed by the
Chief Justice.
the
14. In all cases in which by any law in force within the Colony, any judicial or other act is directed or authorized to be performed by Chief Justice, such act may be performed by the Puisne Judge, and if so performed shall, subject to the provisions of section 18 be as valid to all intents and purposes as if the same had been performed by the Chief Justice.
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