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108.

Judges and all future Judges of the
Supreme Court of New South Wales
should hold their offices during good
behaviour, subject nevertheless to removal
upon the address of both Houses of
Parliament, their then salaries, and any
future salaries were secured to
them during the continuance of
their Commissions; and it was
provided that pensions should be
demandable by them to the amount
of seven-tenths of their actual
salaries on permanent disability
or infirmity, or after 15 years' service.
At the time that Act passed the
Legislative Council no Judge had
been appointed for Moreton Bay,
but the schedule (A) fixed the Salary
of the Chief Justice at £2000, and
appropriated for "three Judges, including
one for Moreton Bay" the annual
sum of £4,500. The amount [ditto]
appropriated by Schedule B for the
retiring pensions of the Judges was
also fixed at a sum sufficient to
cover the pension of a third puisne
Judge, and it seems clear that
the intention of the Legislature as
expressed by the Consitution Act was,
that the Judge for Moreton Bay,
whenever he might be appointed,
should stand on the same footing
in all respects as the two other puisne
Judges of the Court. The next Act
which passed was the Act. 19 Vic. No. 31.
already referred to in paragraph
3, and under the authority of that
Act Mr. Justice Milford was appointed
a Judge of the Supreme Court "to all
intents

109
20. Vic. No. 5.

intents and purposes" and became
"entitled to the Salary and pension
provided for the Judge for Moreton Bay"—
the salary being at that time £1500 a
year. In the following session an Act
was passed by which the salaries of all
the Judges of the Supreme Court were
raised. The chief Justices from £2,000
to £2,600, and the salaries of the
puisne Judges from £1,500 to £2,000
each, but without any increase of
the retiring allowance, which remained
fixed, as before, at seven-tenths of
the original salary. In the same
session the Act 20 Vic. No. 25 was passed,
and Mr. Justice Milford, being still a
Judge of the Supreme Court "to all intents
and purposes" by virtue of the unrepealed
first section of the Act 19 Vic. No. 31,
accepted the appointment of "Resident
Judge of Moreton Bay." In February,
1859, he resigned that Office, and on
the 21st. of that month a Commission
was issued, appointing me to be a
Judge of the Supreme Court of New South
Wales
, but subject to the condition
of residing within the district of
Moreton Bay and of acting in person
as Judge of the Supreme Court there,
unless in case of leave of absence
granted, or of sickness, or other incapacity.

10. I apprehend, then, that if
Moreton Bay had continued to be
a portion of New South Wales, the right
of the Resident Judge to receive a
salary of £2000 a year during the
continuance of his Commission, and
a pension of £1050 a year on retirement,
could not have been called in question.
But

Notes and Questions

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BessThor

Can anyone help me with the symbol on line 24 of this transcript? I have spent way too much of my time googling without result. Thanks

Queensland State Archives

That one is a really difficult one. I've made a best guess but will check with some others. That's a tough one!!

MMcKL

Do you mean the wavy line? I've seen that on some other pages, where the line is a bit short - perhaps they used it to fill in the space so the original couldn't be altered - like we used to do when writing the amount on a cheque?

BessThor

The curvy live with two strikes through. I think you could possibly be onto something with filling space, it’s just inconsistent with other letters where they simply split the next word with hyphen and continue on the next. I did see this symbol used on another page - I’ll have to find it and see if the context fits for space-filling. Thank you

Queensland State Archives

Hi folks - we have an answer from one of our fabulous archivists - "It’s a shorthand notation generally means ditto; it’s a reference to the 4500 without having to write it again." Mystery soloved!

BessThor

Thank you so much! My grandmother and I scoured Pitman‘S hoping we’d find something and I googled EVERYTHING.

We really appreciate the response.

MMcKL

That's great - mystery solved. How should we transcribe it? I've just been using the tilda (~) symbol on the keyboard, but perhaps we should put [ditto] in square brackets?

Queensland State Archives

Let's go with the [ditto] convention, as that's the meaning. Thanks everyone