Judicial Committee Act 1871
|1871 c. 91
Judicial Committee Act, 1871
(34 & 35 Vict.) CHAP. 91.
An Act to make further provision for the despatch of business by the Judicial Committee of the Privy Council.
[21st August 1871]
Whereas it is expedient to make further provision for the despatch of business by the Judicial Committee of the Privy Council:
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Appointment of additional members of the Judicial Committee.
1. Her Majesty may within twelve months after the passing of this Act by warrant under her Sign Manual, appoint four persons qualified as in this Act mentioned, whether already members of such Judicial Committee or not, to act as members of the Judicial Committee of the Privy Council under the provisions of this Act, and may from time to time within two years after the passing of this Act by a like warrant fill any vacancies occasioned by death or otherwise in the offices of the persons so appointed:
Any persons appointed to act under the provisions of this Act as members of the said Judicial Committee must be specially qualified as follows; that is to say, must at the date of their appointment be or have been judges of one of Her Majesty's Superior Courts at Westminster, or a Chief Justice of the High Court of Judicature at Fort William in Bengal, or Madras or Bombay, or of the late Supreme Court of Judicature at Fort William in Bengal.
Where any person appointed in pursuance of the provisions herein contained to act as a member of the said Judicial Committee is at the date of his appointment a judge as aforesaid, he shall on his appointment vacate his office as such judge, but as to pension shall remain in the same position as if no such appointment had been made; and service as a member of the Judicial Committee shall for the purposes of pension be reckoned as service in the court from which he was removed.
Whereas doubts have been entertained as to the meaning and effect of the provisions of the Court of Probate Act and the Divorce Act as to the pension of the judge of the Probate and judge of the Divorce Courts: Be it declared and enacted, that the said pension was intended to be and shall be similar in amount and in all other respects to the pension to which the puisne judges of the superior...
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