Equity Act 1866 (SA)

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ANNO TRICESIMO

No. 20.

An Act to consolidate and amend the Laws

relathy to the jurisdiction,

practice, and procedure of the Supreme Court of South Australia

in its Bquitable Jwisdiction..

[Assented to, l l

th January, 1867.1

HERE AS it is expedient to consolidate and amcnd the Laws relating to the jurisdiction, prtlctice, and procednre of the Preamble.

P R E ~ ~ A R T.

Supreme Court of South Australia in its Equitable Jurisdiction, and to define the powers of such Court-Be i t Enacted, by the Governor- in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and H o w of Assembly of the said Province, in this present Parliament assembled, as follows :-

l. This Act shall come into operation on the first day of February,

Cmm*naem*at.

1867.

2. This

Act may be cited for a l l purposes as " The Equity Act, short title.

1866,"

3. From and after the commencement of this Act, the Act B e p d.

No. 14 of 1853, intituled " An Act to amend the practice and pro- ceedings in the Equitable Jurisdiction of the Supreme Court of South Australia," and '' The Equitable Procedure Amendment

Act, 1862," shall be and the same are hereby repealed, except so far as may be necessary for supporting any proceedings heretofore

had under the said Acts or either of them; but nothing in this

clause contained shall have the effect of reviving any Acts or Ordi-

nances repealed by the Acts hereby repealed.

2 T

4. All

Eqaity Act. -1866-7.

P ~ ~ L I M ~ N A E Y *

4. All suits, petitions, or other proceedings pending in the said

aaringpmrdntss zitcs. Court in its Equitable Jurisdiction at the time of the commencement

of this Act shall be proceeded with, and brought to a conclusion under the provisions of this Act, and where any doubt or difficulty shall exist as to the applicability of this Act to such proceedin S,

application may be macle to a Judge who shall have power to nia e f

such order, as in each case may appear to him necessary.

Interpretation.

5. In the construction of this Act, unless inconsistent with the

context or subject matter, the following words shall have the mean-

ings hereby assigned to them respectively, that is to say-

The word "Affidavit" shall mean and include affirmation and

attestation upon honor, and the word

Sworn" shall mean

and include affirmed and attested upon honsr:

The words " Bill," or

Bill of Complaint," shall mean and include

information:

The word '' Court" shall mean the Supreme Court in its Equitable

Jurisdiction:

The word " Receiver" shall include consignee or manager:

The word Guardian" shall include testamentary guardian, or guardian appointed by the Court, but not guardian ad Eitem, or guardian appointed for a special purpose:

Th

s word " Decree " or

Order " shall include dismission, and

decree shall include order.

I3i~hion8.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.