Equity Procedure Act 1862 (SA)

ANNO VICESIMO QUINTO ET VICESIMO SEXTO

A. D. 1862.

No. 18.

An Act further to amend the practice and p~oceedings on b e Equitable

Bide of the Xuprems Court.

[Assented to, 21 st October, 1862.1

it is desirable further to amend the practice and Preamble.

eokrse of proceeding in the Equitable Jurisdiction of the Supreme Court of South Australia-Be it therefore Enacted, by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of As- sembly of the said Province, in this present Parliament assembled, as follows:

1. The Supreme Court, or any Judge thereof, may, in any suit on Judge may order question to be tried

vf the Court in its common lam jurisdiction; and upon the trial

the equitable side of the Court, order that any issue joined in such	before a Judge with
suit, or any question of fact arising out of such issue, or out of any	or without a *+U ry.

equitable proceeding in the Court, shall. be heard and determined

* in open Court before one or more of the Judges of such Court, with

or without a common or special jury; and such issues or ques-

tions shall be tried at the ordinary sittings of the Court for the

trial of issues in civil cases.

Suoh qusation to bs

2. When any such question shall be ordered to be so heard and determined, the same shall be reduced into writing, in such form as	reduced to writing.
the said Court or Judge shall direct.

3. Upon the trial of any such issue or question before a Jury,	Proceedings on trial
to be same as on

the proceedings shall in all respects, as far as applicable, be the	Common Law side of
same as upon the trial of any cause before a Jury on the civil side	Supreme Court.

of any such question-or issue before one or more of the Judges, the proceedings shall, as far as applicable, be the same as upon the trial of any such cause before a Judge by virtue of the Supreme Court Procedure Act, 1855.

Judge nuly mako a

decree. 4. The Judge who shall preside at the trial of any joined issue, may make a decree in the suit, or may remit the evidence taken before him, or the verdict of the jury to the full Court.

.

Decree made bp a	5. Any decree made undcr the provisions of this Act shall have and shall be final, unless the Court shall vary or set aside the same, or order a rehearing, upon motion or other proceeding for that purpose, to be made or commenced within eight days after the making of the decree.
Judge to have same
effect a8 a decree of	the same force and effect as a decree made by the Court now has,
the full court.
Judges may make	6. The Judges of the Court shall have the like powers for making rules slnd orders for the carrying of this Act into effect as they have for the carrying into effect of an Act No. 14, of 1853,
rules.
intituled An Act to amend the practice and proceeding in the
Equitable Jurisdiction of the Supremc Court of South Australia."

short title of A C ~. 7. This Act may be cited as Thc Equitable Procedure Amend-

ment Act, 1862."

h

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

this Act.

D. DALY, Governor,

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Adelaide: Printed by authority, by W, C. Cox, Government Printer, Victoria-aquare.