PART IV.

Miscellaneous Provisions in relation to the Circuit Court.

13. —(1) The Government may make an order altering, but not so as to increase the total number of circuits, the composition of any two or more of the circuits.

(2) If an order is made under subsection (1) of this section, then, as on and from the commencement of the order, all references, in the Courts of Justice Acts, 1924 to 1946, and this Act, to circuits shall be construed as references to circuits as existing immediately after the commencement of the order.

14. —(1) Notwithstanding anything contained in the Courts of Justice Acts, 1924 to 1946, one person (being a person who is appointed, under section 14 of the Act of 1936, to act as a Circuit Judge for a period within which the date of the passing of this Act falls) may, not later than one month after the date of the passing of this Act, be appointed a Circuit Judge.

(2) The following provisions shall apply in respect of a person appointed by virtue of subsection (1) of this section to be a Circuit Judge—

(a) for the purposes of so much of section 41 of the Principal Act as relates to pensions, he shall be deemed to have served as a Circuit Judge during the period of four years ending on the day immediately preceding the date of his appointment as a Circuit Judge,

(b) his appointment under section 14 of the Act of 1936 shall terminate on his appointment as a Circuit Judge,

(c) subsection (1) of section 15 of the Act of 1936 shall not apply in respect of him, but the Government may at any time permanently assign him to a particular circuit,

(d) until the commencement of Part III of this Act or the date of his permanent assignment to a circuit, whichever is the earlier, subsection (2) of section 14 of the Act of 1936 shall apply in respect of him as it applies to a person referred to in the said subsection (2).

(3) So long as a person appointed by virtue of subsection (1) of this section to be a Circuit Judge holds office and is not permanently assigned to a circuit, subsection (1) of section 9 of the Act of 1928 shall have effect as if the word “eleven” were substituted for the word “ten”.

15. —(1) Subject to subsection (2) of this section, the age of retirement of a Circuit Judge shall be seventy years.

(2) The age of retirement of a person who is a Circuit Judge at the passing of this Act or of the person appointed, by virtue of section 14 of this Act, to be a Circuit Judge shall be seventy-two years.

16. —A Circuit Judge may, if an application in that behalf is made by any party to any matter (other than a re-hearing, under section 196 of the Income Tax Act, 1918, of any such appeal as is referred to in the said section) pending before him, refer, on such terms as to costs or otherwise as he thinks fit, any question of law arising in such matter to the Supreme Court by way of case stated for the determination of the Supreme Court and may adjourn the pronouncement of his judgment or order in the matter pending the determination of such case stated.

17. —Notwithstanding anything contained in the Courts of Justice Acts, 1924 to 1946, a Circuit Judge for the time being assigned (whether permanently or temporarily) to a particular circuit may, outside that circuit, hear and determine any application which he has jurisdiction to hear and determine within that circuit and which, in his opinion, should be dealt with as a matter of urgency.