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MEMORANDUM.

This Bill in large part deals with technical matters connected with the administration of justice, but clauses 1 and 2 raise important questions of general interest.

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Clause 1 is based substantially on a recommendation contained in the Report of a Committee appointed to consider "what re-arrangements of the circuits of the judges can be effected so as to promote economy and the greater despatch of the business of the High Court." This Committee, which was presided over by Mr. Justice Swift, reported in February of this year (1923, Cd. 1831). The clause gives power to the Lord Chief Justice, with the concurrence of the Lord Chancellor, to dispense (with a view to the saving of expense and judicial time) with the holding of assizes, on the occasion of any particular circuit, at any place in which there is on that occasion no substantial amount of business to be transacted. The clause does not authorise the permanent abolition of any assize town, but merely the suspension of assizes from time to time as occasion requires.

Clause 2 is intended to remove the dissatisfaction and difficulties caused by s. 2 of the Administration of Justice Act, 1920, on which the right to a trial with a jury in civil cases in the High Court now depends. Towards the end of the War it was found necessary to restrict the right to trial by jury in the High Court. The right was to some extent restored by s. 2 of the Act of 1920, but that section has been criticised as restricting unduly the right to a jury and as being obscure in its terms. The present clause in the main reproduces the position as it was before the war, subject to the exception that trial without a jury may be ordered by the court if in the opinion of the court "the cause is more fit to be "tried without a jury," but an absolute right to trial with a jury is preserved in certain cases.

Of the remainder of the clauses, some are proposed in order to give effect to recommendations made by a Committee appointed to consider what changes were desirable in connection with Supreme Court Offices.

Some deal with difficulties and anomalies which have come to light during the preparation of a Bill to consolidate the Judicature Acts and which would prevent the production of a satisfactory Consolidation Bill. Others effect economies or substantial improvements in the administration of justice in civil cases; in particular

Clause 3 standardises the qualifications for appointment to the more important offices in the Supreme Court. The existing qualifications present indefensible variations, and in some cases the law now requires no qualification at all;

Clause 4 gives to officers of the Supreme Court exercising judicial functions (such as masters and official referees) the ordinary judicial tenure during good behaviour, and to other officials of the Supreme Court the ordinary civil service tenure during pleasure;

Clause 12 simplifies and generalises the power of making rules for the Supreme Court. At present this power depends on a vast number of statutory enactments which are in a confused and unintelligible condition;

Clause 15 (which carries out the recommendation of a Committee of which Mr. Justice Branson was chairman: 1923, Cd. 1870) gives power to the High Court in any case in which damages have been recovered by an infant to order that the money, instead of being paid to the Public Trustee for the benefit of the infant, should be transferred to a county court and dealt with in the same way as moneys paid into a county court under the Workmen's Compensation Acts; and

Clause 17 transfers to the Board of Trade the duties now undertaken by the Registrar of Bills of Sale in connection with the registration of deeds of arrangement, with a view to effecting a a reduction of expenditure.

Clause.

ARRANGEMENT OF CLAUSES.

1. Power to dispense with holding of assizes in places where unnecessary.

2. Trial with jury in High Court.

3. Qualification for certain offices in Supreme Court. 4. Tenure of officers of Supreme Court.

5. Office of Accountant-General.

6. Distribution of business in High Court.

7. Power to include ex-judges in commissions of assize. 8. Appointment of deputies for Supreme Court officers. 9. Amendment as to business in, and officers of, Supreme Court.

10. District registrars of High Court.

11.

12.

13.

14.

Amendment as to district probate registries.
Rules of Supreme Court.

Trial with jury in county courts and other inferior
courts of civil jurisdiction.

Amendment of s. 11 of County Courts Act, 1919. 15. Transfer to county court of money recovered in High Court by infants, &c.

16.

Amendment as to funds in court.

17. Amendment as to registration of deeds of arrange

ment.

18. Amendment of Bills of Sale Acts, 1878 and 1882, with respect to local registration of bills of sale. Administration bonds.

19.

20. Enrolment and engrossment of instruments.

21. Provision as to fixing of fees to be taken in Supreme Court.

22. Repeal of certain obsolete enactments relating to administration of justice.

23. Power to revoke and vary orders.

24. Short title, interpretation, extent, repeal and commencement.

SCHEDULE

I.-Qualification for certain offices in

the Supreme Court.

SCHEDULE II.-Enactments containing and regulating matters with respect to which rules of court may be made.

SCHEDULE III.-Enactments repealed.