District Courts Act further Amendment Act of 1881 No 11a (NSW)

No. XXX.

An Act to further amend the "Dis t r ic t Courts

Act of 1858." [6th April, 1881.]

WH E R E A S it is expedient to fur ther amend in cer ta in t h e " Dis t r ic t Cour ts A c t of 1858" Be i t therefore enacted hy

par t iculars

the Queen ' s Mos t Exce l l en t Majesty hy and wi th t he advice a n d	consent
:>f t h e Legis la t ive Council-and Legis la t ive Assembly of N e w South	Wales

in Pa r l i amen t assembled and by t h e au tho r i t y of t he same as follows :—

1.    I n any cause suit or proceeding t r ied or heard in any Dis t r ic t

Court in which any person has now a r i g h t of appeal or to w h o m a r igh t of appea l is given hy th is Act i t shall be lawful for a n y person aggrieved by t h e ru l ing , order direction or decision of t h e J u d g e a t any t ime wi th in e ight clays after t he same shal l have been m a d e or given to appeal agains t such ru l i ng order direction or decision h y motion to t h e Supreme Court ins tead of by special case such mot ion to be ex parte i n t h e first ins tance a n d to be gran ted on such t e rms as to costs securi ty or s tay of proceedings as to t h e said Court shall seem fit and if p e n d i n g such e ight days or a t t h e t i m e of the i r expira t ion t he Cour t shall no t be s i t t ing in banc such mot ion m a y be made before any J u d g e thereof A n d a t t he t r ia l or hear ing of any such cause sui t or proceeding t h e J u d g e a t t h e request of ei ther pa r ty shall m a k e a no te of any quest ion of law raised a t such t r ia l or hear ing and of t he facts in evidence in re la t ion there to and of his decision the reon and of his final decision of t h e cause suit or proceeding and he shall a t t he expense of e i ther pa r ty requ i r ing t h e same for t he purpose of appeal furnish a copy of such note or allow a copy to be t aken of t he same wdiich copy shall be used and received on such mot ion and a t t h e hea r ing of such appeal and the costs thereof shall be in t h e discret ion of t he Court .

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2. The r igh t of appeal g iven by section ninety-four of t h e " D i s t r i c t Cour ts Ac t of 1858" shall ex tend to all causes in which the a m o u n t claimed exceeds t en pounds A n d to all actions of replevin where t h e a m o u n t of r en t in respect of which any distress was or m i g h t have been m a d e exceeds ten pounds A n d to all actions for the recovery of t enemen t s where t h e yearly r e n t or va lue of t h e premises exceeds t en pounds A n d to all proceedings in in terp leader where t h e money claimed or t h e va lue of t h e goods in quest ion exceeds t en pounds .

3. This A c t may be cited as t he " Dis t r ic t Courts A c t fur ther

Ammidme-nt A c t of 1881."