Equity Appeals Act 1847 No 22a (NSW)

No. XXII.

An Act to amend the Law relative to the security to be given on Appeals from the decrees and orders of the Primary J u d g e in Equi ty to the three J u d g e s of the Supreme Court of New

South Wales,	[1st October, 1847.]
WH E R E A S	reign of H e r present Majesty by t h e t hen Governor and Legis­

by an A c t m a d e and passed in t h e four th year of t he

lat ive Council of t he Colony of New South W a l e s in t i tu led	" An	Act
" to provide for the more effectual Administration	of Justice in	New

" South Wales and. its Dependencies" i t was (amongst other th ings) provided and enacted t h a t it should be lawful for t he Governor of N e w South Wales for t he t ime be ing to nomina te and appoint from t ime to t ime either the Chief J u s t i c e or if he should decline such appo in tment t h e n one of t he Pu i sne J u d g e s of t h e Supreme Cour t of the said

Colony to sit and hear	and determine w i t h o u t t h e assistance	of t h e
o ther J u d g e s or e i ther of t h e m all causes and m a t t e r s a t any t ime depending in t he said Supreme Cour t in E q u i t y and coming on to be heard and decided at Sydney and t h a t every decree or order of such Chief Jus t i ce or of t h e J u d g e so appointed should in any such cause or m a t t e r (unless appealed from in t he m a n n e r in t he said Act provided) be as valid effectual and b ind ing to all i n t en t s and purposes as if such decree or order had been pronounced and m a d e by the full Cour t and in and by the said A c t i t was also (amongst o ther th ings) provided and enacted t h a t it should be lawful for any person feeling aggrieved by any such decree or order a t any t ime wi th in fourteen days next after t he p ronounc ing or m a k i n g of t he same to enter an appeal in t he office of t h e Cour t against such decree or order to t h e o ther two J u d g e s at Sydney aforesaid such person giving securi ty w i th in fourteen days thence nex t following in such m a n n e r as should for t h a t purpose be provided by genera l rules to be in t ha t behalf m a d e to prosecute such appeal wi th effect a n d to obey such decree or order in all t h ings in case of t h e eventua l affirmance of t h e same and also t o pay the costs of such appeal if costs should be thereupon awarded aga ins t h i m A n d whereas by ano ther A c t m a d e and passed in t he fifth year of the re ign of H e r said present Majesty by the t hen Governor and Legislat ive Council of t he said Colony in t i tu led " An " Act for the further amendment of the Law and for the better advance- " ment of Justice" i t was (amongs t o ther th ings) enacted t h a t after t he passing thereof in case of t h e absence from Sydney or i l lness of t he Chief Jus t i ce or o ther J u d g e appointed to sit i n E q u i t y it should be lawful for e i ther of t he o ther J u d g e s (dur ing such absence or illness) to sit alone and hear a n d de termine all causes and ma t t e r s in E q u i t y in l ike m a n n e r as t h e J u d g e so being ill or absent m i g h t have done if no t so incapaci ta ted b u t subject never theless to t he l ike appeal and in a n d by the said last ly here in before ment ioned A c t i t was also (amongst o the r th ings) provided and enacted t h a t every appeal from any decree or order m a d e or to be m a d e under the said last ment ioned Act or t he A c t firstly hereinbefore ment ioned should thereaf ter be preferred to and should be set down and come on to be heard and decided before a n d by the th ree J u d g e s at Sydney in such m a n n e r and form and subject t o such general rules as they should from t ime to t ime prescribe and m a k e or (in t he absence of any such rule) as t hey should in any case direct A n d whereas in pu r suance of t h e provisions of t he Ac t firstly	hereinbefore

hereinbefore men t ioned one of t h e P u i s n e J u d g e s of the said Cour t has been duly nomina ted and appointed to sit and hear and de termine with­ out t h e assistance of t he other J u d g e s or ei ther of t h e m all causes and m a t t e r s at any t ime depending in the said Supreme Cour t in E q u i t y and coming on to be heard and decided at Sydney aforesaid the Chief J u s t i c e of t he said Cour t hav ing declined such appo in tmen t A n d whereas u n d e r and by v i r tue of t he provisions of t he said Acts and of genera l ru les of t he said Supreme Court made in pu r suance thereof no appeal from any decree or order of t he said J u d g e so nomina ted and appoin ted to hear and de termine causes and m a t t e r s in t h e said Cour t in E q u i t y as aforesaid can be m a d e to t h e th ree J u d g e s of t he said Cour t un less t h e person appeal ing shall give securi ty by a bond of himself and t w o suret ies not only to pay t h e costs of such appeal if costs shall be t h e r e u p o n awarded agains t h i m b u t also to prosecute such appeal w i th effect a n d to obey the decree or order appealed from in all t h ings in case of t h e eventua l affirmance of t h e same by reason whereof persons feeling aggrieved by such decrees or orders m a y be unjus t ly precluded from appeal ing therefrom to t h e th ree J u d g e s of t h e said Cour t a n d i t is therefore j u s t and expedient to m a k e other provision relat ive to t h e securi ty to be given in reference to such appeals Be it therefore enac ted by H i s Excel lency t h e Governor of t h e said Colony by and wi th t he advice and consent of t he Legislat ive Counci l thereof Tha t from and after t h e pass ing hereof any person or persons appeal ing from any such decree or order to t he th ree J u d g e s of t he said Cour t u n d e r t h e provisions of the said Acts or c i ther of t h e m shall wi th in fourteen days from the t ime of lodging or filing such appea l deposit in the h a n d s of t h e Mas te r in E q u i t y of the said Cour t such sum of money no t exceeding t h e s u m of one h u n d r e d pounds as such Mas te r shall in each case direct or a t t h e option of t he person or persons appeal ing give and deposit w i th such Mas te r a bond of two persons to be approved of by such Mas te r in such s u m of money no t exceeding t h e s u m of one hund red pounds as such M a s t e r shall in each case direct which bond shall be from such two persons b ind ing t h e m the i r hei rs executors and admin i s t ra to r s to t h e person or persons in whose favor t h e decree or order appealed from shall be his her or the i r executors a n d admin i s t r a to r s condit ioned to be void if t he person or persons by w h o m such appeal shall be m a d e shall prosecute t h e same wi th all due diligence and pay all such costs of and occasioned by such appeal as t he said Cour t shall adjudge or award and which said s u m of money or bond as t he case m a y be shall be held by such Mas te r subject	to t h e order of t he said Cour t as securi ty t h a t t h e person or persons by
w h o m such appeal shall be m a d e shall prosecute t he same wi th all due
dil igence and pay all such costs of and occasioned by such appeal as the said Cour t shall adjudge or award a n d t h a t no o ther securi ty shall be requi red from any person or persons so appea l ing from any such decree or order as aforesaid in reference to any such appeal a n y t h i n g in t he said A c t s or e i ther of t h e m or any ru le or ru les of t he said Cour t to t h e cont ra ry in anywise no tw i th s t and ing Provided tha t all and every securit ies or securi ty already given in reference to any such appeal shall r emain and be as valid and effectual to all i n t en t s and purposes whatsoever as if th i s Ac t h a d no t been passed.
2. Provided always and be it fu r ther enacted T h a t if such s u m of money or such bond as is he reby directed shal l not be so deposited as aforesaid wi th in t he said period hereby provided from the t ime of lodging or filing any such appeal then such appeal shal l be deemed to have been abandoned.
3 . Provided also and be i t fu r ther enacted Tha t no such appeal in p u r s u a n c e of t he Acts hereinbefore ment ioned or e i ther of t h e m shal l s tay t h e execut ion of or any proceeding upon any decree or order

L — V O L . 3 . the reby

t he r eby appealed from b u t t h a t every such decree or order m a y be

carr ied in to execut ion a n d all proceedings t a k e n t he r eupon in l ike m a n n e r as if n o such appeal had been made therefrom unless t h e J u d g e for t h e t ime be ing appointed in pur suance of t h e provisions of

t h e A c t firstly hereinbefore men t ioned to sit a n d hear and de te rmine

causes a n d m a t t e r s in t he said Cour t in E q u i t y shall in p u r s u a n c e of t h e provis ion hereinaf ter conta ined order t h e execut ion of such decree or order to be s tayed Provided tha t n o t h i n g here in conta ined shal l apply to any appeal upon which securi ty has been al ready given in pu r suance of t h e aforesaid Ac t s or e i ther of t h e m or t he aforesaid rules of t h e said Supreme Cour t made in pu r suance thereof.

4. Provided also and be i t fu r ther enacted Tha t it shall be lawful for t h e said J u d g e so appo in ted for t h e t i m e being as aforesaid to order t ha t t h e execut ion of any such decree or order shall be s tayed u n t i l any such appeal therefrom shall be de termined which order t h e said J u d g e is hereby author ized and empowered to m a k e ei ther upon such t e rms as to securi ty or otherwise or absolutely wi thou t any t e rms

w h a t e v e r as to such J u d g e shal l seem fit.

5. A n d be i t fur ther enacted Tha t th i s Act or any p a r t thereof

m a y be a l tered var ied or repealed by any A c t or Acts to be passed in

t h e present Session of t h e said Council .