Supreme Court Act 1865 (SA)

A.D. 1865-6.

No. 12.

An Act to provide ,for the more speedy administratio~z of Justice, b3 means of the Xupeme Cozcrt.

[Assented to, 16th Minch, 1866.1

HEREAS it is desirable to make further provision for the Preamblr.

more speedy Administration of Justice by means of the Supreme Court-Be it therefore Znacted, by the Governor-in- Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament asscmbleil, as follows:

.L

1. In any action in the Supreme Court, where the writ of in actionaforliqu dated demand, d e f b

summons is specially indorsed, as provided by the twenty-second dantpat a

section of the 'l Supreme Court Procedure Amendment Act," if at without an &davit

the foot of such indorsement, the following additional notice shall be of merib.

inserted, that is to say-" And further take notice that you will not be allowed to appear unless you shall have filed an affidavit of merits," i t shall not be lawful for the defendant to enter an appearance to any swh action, unless such defendant shall have caused to be filed in the said Court an affidavit by himself, or by some person cognizant of the facts of the case, stating that he has a good defence to such action on the merits, and the grounds of such defence: Provided that the Supreme Court, or tt Judge thereof, may set aside any such appearance, or any judgment for default

thereof, upon such terms as to such Court or Judge shall seem fit.

2. The Master of the Supreme Court may exercise the powers uwbrrnay iaau

and authorities of a Judge in ordering the issue of a writ of cupias ,bsnt, aapia, if Judge

respondendurn.

M a, A

2g0 VICTORIX, No. 12,

$upreme Court Act-1 865-6.

Judge m s

sive leave 3. A Judge of the said Court h a y give leave to any defendant

to appear to writs

under No. of served with a writ issued under the provisions of " The Summary

1858, although time

Procedure on Bills of Exchange .Act, 1858," to appear to such writ

for appearing expired,

at any time before judgment has bean signed, although a period of

more than twelve days has elapsed since the service thereof.

d. Except in so far as inconsistent herewith the 'L Supreme Court

~ncorporation of A&.

Procedure Amendment Act," and The Summary Procedure on Bills of Exchange Act, 1868:' shall be incorporated and construed herewith,'and as forming one Act.

Remediee by and

5. All actions, suits, and proceedings at Law or in Equity by or sibject in the name of Her Majesty, may be institatcd in and-shall be cognizable by the Supreme Court as fully and effectually as such suits, actions, and proceedings in England may be instituted in and are cognizable by Her Majesty's superior Courts of Common Law and Equity at Westminster, and, so far as the same may be appli- cable, the Laws and Statutes in force for the time being as to prac- tice and procedure in actions, suits, and proceedings betwec n subject and subject shall be applicable and cxtend and apply to actions,

*gainstthe

be ne in England. Orom to against the Colonial Government of the said Province, or by the

suits, and proceedings by or against the Colonial Government, or

by the subject in the name of Her Majesty: Provided that nothing

herein shall extend to any criminal prosecution.

General rules may bd

6. I t shall be lawful for the Judges of the said Court from time to time to make all such general rules and orders for the effectual execution of thiss Act, a d of the intention and object thereof, and for fixinn the costs to be allowed for and in respect of the matters U herein contained and the performance thereof as in their judgment shall be necessary and proper; and a11 such rules ancl orders shall be uublished in the $olsth Australian Go~~er~zme~tt Gazette for aublic

made by Judges.

L J.

information, and unlcas the same shall be clisailowed in manner

providcd by Act KO. 31 of 1855-6, Section 17, shall commence and	take cffect f'roor and after a day to be t1v:rein n;mrd; not being less
than forty d q s from and after such publication.

Writ of ctrlionni to	7. I n all cases where a writ of certiorwi mny issue by virtue of i:;euect e;al pnr ' f~ anci of course by the proper officer of the Supreme Court, wiiilont tl-ii! necessity of the lesw of such Court or any Jnclge,
remove judgment 7f
Local court may issue	the 54th section of the Local Court Act, 181i1, such writ shall be
rz parte on aftidwit,
ullc>il 211 af5clnrit bcing filed in the Suprcmc Coult, setting forth that
time is n judgment of Twenty P'ounds and upwards in the 1,acal C'oxrt, mcl that the period for appealing from such judgment of the Local Wo!~rt has cxpirecl, and that no such appcal is pmding, or that the judgment signed in the Local Court was signed in default of appearance, and such writ shall be directed to the Clerk of a Local Court.

True CO y of record 8. The return to my such writ shall be made by the Clerk of the

booL rsturmsd Local Court by transmitting a true copy of so much of the Record

" ".. bXSW*

Book

fLgo VICTORIB, No. 12.

Buprme Court Act.-1865-6,

Judgment in Supreme

Book of the Local Court as relates to such judgment, certified under	Court to be entered.
the seal of such Local Court and the hand of the Clerk; and such

return may be in the form c011 tained in Schedule A, hereto.

9. Upon the return of such writ, the party desirous of suing out

execution shdl cause to be entered up a judgment, as of the Supreme Court, in the form contair~ed in Schedule B, and such judgment

shall be signed and have tlie same eEect as an ordinary judgment of

the Supreme Court, and a11 proceedings may be had thereupon

accordingly.

-

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

this Act.

D. DXLY, Governor.

29" VICTORIX, No. 12.

Styreme Court Act.-1 865-6.

SCIYEDULES REFERRED TO.

A

[Endorse on writ of ccr l iora~i. ]

The answer to the within writ appears in.the nnnexure hereto marked A.

Clerk of the Local Court holden a t

I n the Local Court holden at

I of i n the Province of South Austrslig

Clerk of the Local Court holden at i n the said Province, and the person having the lawful custody of all books, records, process and ather proceed- ings, and of the seal of' the said Court, by virtue of and in obedience to the writ of Our Sovereign Lady the Queen, to me delivered, and to which this is annexed, do, under thc? seal of the snid Local Court, relurn unto the Snpreme Court of this Province a true copy of the record of the judgment whereof mention is made in the said writ. I n witness whereof I the said as such Clerk as aforesaid have hereunto set my name and the seal of the said Local Court this

day of A,D. 186 .

Clerk of the Local Court holden a t

Copy Record of Judgment.

[Here copy Record Book.]

I certify the above to be s t rue extract from t h e Record Book of the abova-

named Local Court.

Clerk of the Court.

I n the Supreme Court,

On the day of An. 186 [day of issuing writ of cer t iorn~i .1

Be it remembered that on the day and year aforesaid a, writ of Our Lady the Queen issued forth of t5is Court, directcd to the Clerk of the Local Court holden

nt i n the said Province, whereby the said clerk was con~mandetl to

fiend to this Court a judgment numbered and eigned in the said Local Court, wheicin [describe thep~rrtics as zn the writ] wit h all things touching the same as fully and entirely as it remained in the said Local Court; nnd whereas the Clerk of the said Local Court, i n obedience to the said writ, nnd by virtue of' the -4ct in auch case made rind provided, h s leturned unto this Court a true copy of the record of the s ~ i d judgmeut, whereby it appear3 to the Court hrre that the said

- [the part$ in whose ,facer judgrnettt wrts given] did, in the said Local Court, on

t lie d ~ y of A.D. 186 recover judgment against the said

Judgment signed [the p w t p against rvhom Ilic judgment tons obtuined] for tile sum of

the day including coats of' su i t, and thiit the said judgment is still unsntiviled and in full

" of 188 .

force; therefore i t is considered that the said judgment of t h e snid Local Court be

Judgment debt 6 entered a s a judgmcut of this Cuurt as ct t l h day of [day of signing

Cost. of removal 5 j d g m e n t ] and that tlie said do recover against the snid

the hum of together with the ~ u i n of for Iiis costs ot

removing thc? eaid jitdgmcnt.

*

Adelaide : Printed by authority, by W. C. Cox, C+ovimment Printer, Victoria-square.