Ecclesiastical Procedure Act 1883 No 13a (NSW)

No. XXL

An Act to validate certain Grants of Probates and Letters of Administration heretofore made and to amend the "Equity and Banco Business Expediting Act" (22 Vic. No 14) in certain particulars. [27th April, 1883.]

Expediting Act" that the Supreme Court may be holden before and	WHEREAS it is provided by the Act twenty-second Victoria number fourteen intituled the " Equity and Banco Business
by the Primary Judge in Equity for the granting of probates and
letters of administration or letters ad colligendum and for the disposal
of all motions and matters in relation thereto And whereas the said Act contains no provision that in case of the absence from Sydney or illness of the Primary Judge in Equity or that in case there should be no Judgc holding such office the said Court may be holden for the purposes aforesaid before any of the other Judges thereof And whereas from time to time during such absence from Sydney or illness of the Primary Judge in Equity and at times when there was no Judge holding such office grants of probates and of letters of administration and ad colligendum have heretofore been made by the other Judges of the said Court sitting alone And whereas doubts have arisen as to the validity of such grants And whereas it is expedient to render the same valid and effectual and to make provision for the granting of probates and letters of administration and ad colligendum in the absence from Sydney or illness of the Primary Judge in Equity or when no Judge

Judge holds such office Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—•

1. All grants of probates and letters of administration and ad colligendum heretofore made during the absence from Sydney or illness of the Primary Judge in Equity or when no Judge held such
office shall be held to have been as valid and effectual to all intents
and purposes as if the same had been granted by the Primary Judge
in Equity.

2. In case of the absence from Sydney or illness of the Primary Judge in Equity or in case there should be no Judge holding such

office the Supreme Court may be holden before and by any of the other
Judges thereof sitting alone for the granting of probates and letters of administration or letters ad colligendum and for the disposal of all motions and matters in relation thereto And such Judge may grant such probates or letters of administration or letters ad colligendum and
entertain all motions in relation thereto in Chambers as well as in Court.

3. This Act may be cited as the " Ecclesiastical Procedure Act

1883."