Supreme Court Act 1845 (SA)

No. 14.

By His Excellency GEOBGE GBEY, Esquire, Governor and Commander-in- Chief

of Her ~Majeesty's Province of Boutlr Australia and its Dependencies, and

Vice-Admiral of the same, by and with the advice and c o n s e ~ t of the

Legisla tivs Council.

AN ORDINANCE to provide for the Performance of certain

matters in the Supreme Court, durirzg t h e occasiortal absence of

the Jzcdge, at a distance from Adekcide.

several matters and things hereinafier mentioned, that i s to say-

HEREAS there is at the present only one Judge of the Supreme Preamble

W Court: And whereas divers matters and things arising out of den,,, if

actions and suits therein, are from time to time required to be per- J U ~ ~ O ooca8ionaUy

absent in the country

formed when the Judge may be occasionally absent; and it is con- ,, con,bl,

sidered that the performance of such of the said matters and things stance from

as are hereinafter particularly specified may, during the occasional Adelaide.

absence of the Judge, be safely entrusted to the Master of the

Supreme Court, or to some other person to be appointed by the

Governor, for the timo being in that behalf:

BE 1~ THEREFORE ENACTED BY HIS EXCELLENCY THE GOVERNOR ~ur ing theoccasiona~

- of South Australia, by and with the advice and eonsent of the absence of the Judge from Adelaide the

Legislative Couucil thereof: That during the absence of the Judge Masterofthe Supreme Court or other person

from Adelaide, it shall from time to time be lawful for the Master a. ,,)ohtea by

of the Supreme Court, or for any person to be appointed by the the the Governor several thinga to a0

Governor for the time being in that behalf, to do aud perform the aftermentionea.

T*e wrib t6e

arrest of persons TO issue writs for the arrest of and for holding to bail persons seat, might do, under and by virtue of an Ordinance of the Governor and Council of this Province, passed on the tenth day of July, one thousand eight hundred and forty-five, and intituled An

~baut to leave the about to quit the Province, in like manner as the Judge, if pre-

Province.

" Ordinance for adopting in South Australia certain parts of an

"Act made and passed in the Imperial Parliament which was "held in the third and fourth vears of the reign of Her present

" Majesty, intituled L An Act f& abolishing arrest on mesne pro-

" ' cess in civil action, except in certain cases; for extending the " ' remedies of creditors against the property of debtors; arid for

" 'amending the Laws for the relief of Insolvent Debtors in

'' England ;"' and to make such orders in matters arisins out of

such arrest as the Judge, if personally present, might make:

of the particulars of	Too*ertheaeheq And also, upon the application of any defendant, to order the
plaintiifs delivery to him by the plaintiff of the particulars of the plaiutiff's
s"d the partic*=
of defendant's set off. demand; and in like manner, upon the application of any plaintiff, to order the delivery by the defendant to the plaintiff of particulars
T o a ~ ~ ~ a d e h ~ d a ~ t of any sum or sums of money claimed to be set off by the de-

fendant: And, also to allow to a defendant further time to plead

furthwtLneto*lead.	TO give leave to
defendant to plead in any case where such allowance may be proper: And also to

matten Of

defence. give to any defendant leave to plead several matters of defence:

TO give p a d e ~ leave And also to give leave to parties, whether plaintiffs or defendants,

to amend their plead-	ings, &C. to amend their pleadings or other proceedings: And also to order
on payment of debt To 8%- ~rmeedings the staying of proceedings in actions on payment of the debt and
and costs. costs therein: And also to order the taxation of an Attorney's or

Order the

of an attorne 's or	Solicitor's bill, on the undertaking of the party applying for such
wlioitorls bd	order to pay what may be found to be due in respect thereof:

pmit the pay-

merit of money into	And also to permit the payment of nloncy into Court by the de-
Court by defendant.
In case of any adverse	fendant in any action at the request of such defendant: And also

o%	made to gm	when any claim may he made to any goods or chattels taken or
in execution,	intended to be taken irm execution under any process hy the Sheriff

to order the parties, plaint~andClaimant, or any officer, issued out of the Supreme Court, or to the proceeds

toappe~beforethe or value thereof, then, upon the application of the Sheriff or other

Judge for the adjust-

t , , of s ~ & claim officer durir~g such absence of the Judge, to ordcr that, as well

g;*;$:;$;	the party n~aking the claim, as the party issuing such process,
find to provide for	shall appear before the said Judge, on 8 day to be named in such brder, for the adjustment of such claim, and the relief and pro-
the

the goods M'e in the

meantime. tection of such Sheriff or other officer, and to make such order respecting the stay of the ~roceedings in the meantime, and the safe custody of the goods or chattels in question as may appear to be necessary, and upon the day mentioned in such order for the ap- pearence of the parties, or upon any subsequent day, it shall be lawful for the said Judge to exercise for the adjustment of such claim, and the relief and protection of the Sheriff or other officer, the same powers and authorities, and to make such order or decision as he might have done if the order calling the said parties before him had beell made and issued by himself by virtue of the Ordinance passed in this Province, in the yew one thousand eight hundred

by Oon- and forty-two, to regulate the appointment and the duties of the

mnt of psrb.~ may

Sheriff thereof: Provided that it shall be lawful for the Master

or

or such other person as aforesaid, with the conseut of the claimant gk;zt t ,order

in

and of the plaintiff, to make a final order for the adjustment of

such claim.

11. And be it also enacted that it shall be lawful for the said ' I ~ O Master or dher

Master, or other person to be appointed as aforesaid, to issue such ~~~?~~~~u~~~~~~

sam~noilses and imke such orders as may be necessary for giving and make ord,ra for

effect to the several matters and things which tlre said Master, or f ~ ~ <, " ~ ~. e ~ ~ ! ' ~

other person to be appointed as aforesaid, is hereby authorized to thonzed to be done

do and perform, all which summonses and orders sllall be of the by him.

same force and effect as if issued by tbe said Judge: Provided

always that, on the return of the said dudge to Adelaide, it shall

be lawful for him, on the application of any party feeling himself

nggrieved by any order made by the said Master, or such other

person as aforesaid, to review such order, and either to rescind or

confirm the same, and upon sac11 tcrms as the said Judge shall

see fit.

G. GREY,

Governor and Coultl~auder-in.Cliief.

Passed the Legislative Council this 5%e?zg-

ihird day o f July, O m lhousand Eight

Hzm dred and Fu7 %-Jive.

W. L. O'HALLORAN,	1
Clerk of Council.