Графични страници
PDF файл

A.D. 1928.



1ST SCH. -cont.

Section 171

- For the words from "obtained
the section there shall be substituted the

[ocr errors]

to the end of


Section 213

First Schedule

[ocr errors]

"(a) from the registry in which the will or documents relating to the grant are preserved; or

(b) where the will or other document is
preserved in some place other than 10
a registry, from the principal probate
registry; or

(c) subject to the approval of the prin-
cipal probate registrar, from the
principal probate registry in any 15
case in which the will was proved
in or the grant was issued from a
district probate registry."

In subsection (2) the words "except in the
case of the fees to be taken in connection 20
" with non-contentious probate business "
shall be omitted.

After the provision relating to the Common Law Procedure Act, 1852, there shall be inserted the following provision:

"20 & 21 Vict. | The Summary Jurisdiction | Sections two, three, c. 43.

Act, 1857.



ten and


Section 71

Section 158


For the words "the Treasury" there shall be
substituted the words " the Lord Chancellor."
After the words "shall then be or believed to
be, with a warrant," there shall be inserted
the words "thereon endorsed or," and the 35
words "hand of the high bailiff and" shall
cease to have effect.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small]



Session and

Short Title.

Extent of Repeal.

5 51 & 52 Vict. The County Courts Act, In section seventy-one the c. 43.

[blocks in formation]


The County Courts Act,

The Supreme Court of
Judicature (Consolida-
tion) Act, 1925.

word " Treasury"; in sec-
tion one hundred and fifty-
eight the words "hand of
the high bailiff and"; and
section one hundred and

The proviso to subsection (3)
of section four.

In subsection (1) of section
fifty-seven the word
"matter"; subsection (2)
of section one hundred and
nine; in subsection (1) of
section one hundred and
fifteen the words "twenty-
eight"; in subsection (4)
of section one hundred and
sixteen the words ap-
pointed before the com-
mencement of this Act
by virtue of the Court
"of Probate Act, 1857,

[ocr errors]




[ocr errors]

or the Court of Probate "Act, 1858, or appointed "after the commence"ment of this Act by "virtue of the corre

[ocr errors][merged small][merged small][merged small]

A.D. 1928.

[blocks in formation]



An Act to amend the provisions of the Supreme Court of Judicature (Consolidation) Act, 1925, relating to probate registrars and registries, and certain other matters, and to amend the law with respect to the constitution of the Judicial Committee of the Privy Council, and otherwise with respect to the administration of justice and matters connected therewith.

Brought from the Lords 9 May 1928.

Ordered, by The House of Commons, to be Printed, 14 May 1928.



To be purchased directly from

H.M. STATIONERY OFFICE at the following addresses:
Adastral House, Kingsway, London, W.C.2; ̧

120, George Street, Edinburgh; York Street, Manchester; 1, St. Andrew's Crescent, Cardiff; 15, Donegall Square West, Belfast; or through any Bookseller.

Printed by Eyre and Spottiswoode, Ltd., East Harding Street, E.C. 4,

Printers to the King's most Excellent Majesty.

[Bill 129]

[Price 6d. Net.]




1. Part I of the Bill.-This Part is designed to facilitate the reorganisation of District Probate Registries under Section 108 of the Supreme Court of Judicature Act, 1925, into 11 Registry groups, with the Chief Registry of each group in one of the most populous and accessible centres.

The staffing arrangements and non-effective benefits proposed are modelled on those recently applied to the County Court Service. Both the Registrars and the clerks will in future normally be established Civil Servants, and as such subject to a fixed retiring age and eligible for pension under the Superannuation Acts. Under the new scheme fees for agency work, which are now in some cases retained wholly or partially by Registrars and their clerks, will be surrendered to the Exchequer.

It is estimated that the ultimate saving to be effected by the adoption of the scheme, which was recommended in 1923 by a Committee presided over by Mr. (now Mr. Justice) Tomlin is £19,000 per annum at the mean of the new scales of pay.

In order to facilitate the retirement of existing officers who will become redundant, it is proposed to grant special non-effective benefits as follows:

(a) Registrars.

Under Clause 2 of the Bill those Registrars who apply and are approved for retirement within a limited period may receive the following special benefits :— (a) If they are pensionable a special lump-sum addition to their normal compensation allowances (subject to certain limits):

(b) If they are unpensionable special retiring gratuities not exceeding twice the amount of their respective annual salaries.

Both classes will be allowed to reckon for noneffective benefits their average annual receipts from agency fees in the three years ending 31st December 1925.

(b) Clerks.

Under Clause 4 of the Bill those existing clerks who are too old to be made established Civil Servants will be called upon to retire at ages varying from 65 to 70. In the case of clerks so retired it is proposed to increase the gratuities normally payable by an amount not exceeding 100 per cent. In these cases also receipt from agency fees will be reckonable for non-effective benefits.

It is estimated that these concessions will involve a non-recurrent payment from the Superannuation Vote of approximately £12,500, and an additional annual payment of not more than £1,400 to such pensionable Registrars as may be retired within the prescribed period under the scheme.

2. Part III of the Bill.-This Part provides for the appointment of two additional members of the Judicial Committee of the Privy Council, each of whom is to receive a yearly salary of £2,000 a year, to be charged on the Consolidated Fund. The Bill contemplates the possibility of an increase being made to this salary out of the revenues of India up to an amount not exceeding £2,000, but any increase so made will not be a charge on the Exchequer of the United Kingdom. The Bill also provides for pensions of £1,000 per annum on retirement for members of the Committee appointed under it.

The annual cost, therefore, to the Exchequer under the Bill in a full financial year will be £4,000 apart from non-effective charges; in the current financial year the amount will be a proportionate amount depending on the date on which the new appointments are made.

As against this the Bill provides for the repeal of Section 30 of the Judicial Committee Act, 1833, as amended by Section 4 of the Appellate Jurisdiction Act, 1887. Under that section, as amended, allowances may be made to two ex-Indian Judges attending the Judicial Committee; these allowances, with the cost-of-living bonus, amount in the aggregate to £1,040 per annum. This repeal, however, will not affect the persons now holding these offices, but on their retirement a saving of £1,040 will be effected under this head. Eventually, therefore, the net increase of expenditure involved by

« ПредишнаНапред »