Limitation of Actions Act 1848 (SA)

No. 9.

ORDlNANC'E enacted by the Governor of South Austmlia, with the admk8

and consent of the Lqqislative Council thereof.

To remove doubts as to the uppZica6ilify to this Province of certain

Statutes and parts of Statutes respecting the Li?nitatios of Actions.

intituled An Act for the Amendment of the Law and the better Advancement of Justice," as relates to the time within which actions in the Court of Admiralty for seamens' wages ought to bc brought, and as relates to the time within vhich certain other actions therein mentioned may be brought against pcrsons aftcr their return from beyond the seas; A Statute passed in the fourth year of the reign of

W HEREAS it is expdicnt to remove all doubts as to the appli-	Preamble;
Recites that it is ex-

.

cability to this ~rorinc&of	the Statutes and parts of Statutes herein-	pedien t 10	remove	a %
S

doubts as to the ao-

after mentioned, that is to say :-A Statute passed in the twenty- plicability of ~taiute

first year of thereign of Kink J a n m the ~ii;st, intituled '' An Act 21, Jnmes I., C. 1 6;

for Limitation of Actions, and for aroiiling of Suits in Lav," so far $'g ,0gh:$7 :; 17 i

as the same Statute relates to personal actions; So much of alidpnrt o f 3 B- W., C. 42.

a Statute passed in thc fourth year of the reign of Queen Anne, -

of His late Majesty King William the Fourth, intituled An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the rerneclies for trying the rights thereto ;"

And so much of a Statute passed in the fourth year of the reign of His late Majesty King William the Fourth, intituled An Act for the further Amendment of the Law and the better Advancement of Justice," as relates to the time within which certain actions therein

mentioned ought to be brought :

The said Statutes,	BE IT THEREFORE ENACTED	by the GOVERNOR	OF SOUTH	AUSTRALIA,
and parta of Statutes,

to be deemed part of with the advice and consent of the LEGISLATIVE COUNCIL thereof-

the law of this	THAT	the said Statutes, and parts of Statutes, hereinbefore recited
Province,

and referred to, shall be dcemed to form part of the Law of this Province, and shall be adopted and applied in the administration of justice therein, in like manner, and as fully as any other Laws and Statutes of England, or of the United Kingdom of Great Britain

and Ireland, are adopted and applied in this Province.

that the term IT. PROVIDED ALWAYS, that where in the said Statutes, or parts of

" beyond the seas"

BIMU be construed to Statutes, the term '' beyond the Seas," or any Guivadent term, is of

jurisdiction of the	made use of, the same shall be construed to mean out of the juris-
Supreme Gourt of	diction of the Supreme Court of South Australia; and that where
South Australia.	in the said Statutes, or parts of Statutes, mention is made of persons
returning, or returned, from beyond the seas, the same shall be construed to mean persons returning, or returned, within the juris-
diction of the Supreme Court.

PTOV~SO that other 111. P R O V ~ E D ALSO, and it is hereby declared, that the express

parta of tho Statutes	c. 16, adoption of the parts of the said Statutes, passed in the fourth year
a & 4w.	lv., c* 4% of the reign of Queen Anne, and in the fourth year of the reign of

not to be deemed in-

applicable to (he King W i h m the Fourth, hereillbefore refbrred to, shall not be

t ~ ~ ~; ~ ~ a u s e n ~ t	deemed to imply thst other parts of the said two last-mentioned
Statutes not herein referred to, are not considered fit to be adopted as law in the administration of justice in this Province.

Not ta &set actioh fv. P R O V ~ E D a~so,thnt nothing herein co~.toir.rr? ~h?l l he deemed

're.d~wmme*o'a+	to affect any action or suit which shall have been commenced before
the passing hereof.

H. E. F. YOUNG,

Lieu tenant-Governor.

Passed Ue Legislative Council this FzJteeatA

day o Novemler, Osle thousand eight Run-

dre c l and forty-eight.

W. L. O'EALLORAN,

Clerk of' Council.

Printed by authority, by John S tephens, Hindley-otreet, Adelaide.