Court of Appeals Act 1865 (SA)

ANNO VICESIMO OCTAVO ET VICESIMO NON0

A.D. 1865.

No. 15.

An Act to amend aft Act, No. 31 of 1855-6, intituled A?$ Act to

consolidate the several Ordi~tames relating to the establishment

of the Supreme Court of the Province of South A.zlstralia;,"

atad for other purposes.

[Assented to, 4th August, 1865.1

HEREAS it is expedient to amend an Act, No. 31 of 1855-6, Preamble,

W intituled relating to the establishment of the Supreme Court of the Province An Act to consolidate the several Ordinances

of South Australia," and to afford further facilities for Appeals to the Court of Appeals-Be it therefore Enacted, by the Governor-in- Chief of the Province of South Australia, with the advice and con- sent of the Legislative Council and House of Assembly of the said Province, in this prcscnt Parliament assembled, as follows:

T

1. Thc Court of Appeals of the Province of South Australia shall Appeals may be

have power and authority to receive and hear appeals from the judg- ,ilhmt ,,f,., to brought in all cases

ments, decrees, orders, and sentences of the SupGme Court of the amOmth&~~teq

said Province in all cases, lilthough the sum or matter in issue shall

not amount to One Hundred Pounds, anything in the said Act No.

31 of 1855-6 to the contrary notwithstanding.

2. Within three months from the passing hereof, any person ~ n y p e m a m.

may appeal to the said Court of Appekls from any judgment, decree, 2 ~ ~ ~, ", ~ & ~ a	order, or sentence of the Supreme Court heretofore.made, by giving
fourteen days' previous notice in writing, to the opposite party, or his attorney, and to the Master of the Supreme Court; and such notice shall be a stay of execution, provided recognizance shall R W & ~ ~ M t~ b. 8 be ~tay of execution.

280 & &g0 VICTORIB, No. 15.

Court of Appeals Amendment Act-1 865.

be entered into in like manner, as is provided for giving bail on

appeal under " The Supreme Court Procedure Act, 1855 ".

Clerk of Court of

Appeals may take 3. In any case where bail is required to be given by the said Act

recognizance.

or any other Act regulating appeals, the C l e r k of the Court of

Appeals may take the recogniza~~ce of any person offering to put

in bail on appeal, and such recognizance shall have the same effect

as if it had been taken by a Jndge of the Supreme Court.

~ h ~ r t title. 4. This Act may be cited in all cases as ' The Comt of Appeals c

@

Amendment Act, 1865."

In the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor.

5:

Ade1aidd : Printad by authority, by W. C, Cos, Government Printer, Victoria-aquare.

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