Supreme Court Act 1868 (SA)

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ANNO TRICESIMO XECUNDO

VICTORIB REGINB.

No. 7.

An Act to m e n d the a Supreme Cowt Act, 1867."

[Assented to, 30th January. 1869.1

HEREAS it is cxpcdicnt to amend thc Act No. 8, of 1867, Preamble.

intituled An Act to confer additional powers upon the

Supreme Court of South Australia, I11 all branches of its juris- diction, and for other purposcs," by repealing the twentieth and thirty-first sections thercof, and making other provisions in lieu thereof-Be it therefore Enitctcd, by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and IIouse of Assembly of the said Province, in this present Parliament assembled, as follows:

" one of them, or any two of them, to sit and adminiuter justice in any ,t ,,, time. of the jurisdictions to the said Court belonging, at one and the same time; and, particularly, the said Court may sit for the trial of civil causes and issues at the same time that the said Court is sitting as a Court of Oyer and Terminer and General Gaol Delivery: Provided *rov*o* that

1. Sections numbered 20 and 31 of the said " Supreme Court Act, Repeal.

1867," shall be, and the same are, hereby repealed, except so far as may be necessary for supporting thc validity of any proceeding, matter, or thing heretofore lawfully had, done, or commenced thereunder.

2. This Act and the said Supreme Court Act, 1867," (except in lncOr~OmtiOn*

so far as the same is hcreby repealed) shall be read and construed

as forming one Act.

3. I t shall be lawful for the Judges of the Supreme Court, or any Judges m v flit in

several i unadictiona

32" VICTORIB, No. 7.

Supreme Court Amendment Act.-1868-9.

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that all matters and questions of law arising in the said Supreme Court, except such as are usually heard and determined at any Civil or Criminal Sittings of the said Court, or any Circuit Court, or in the course of any proceedings before the Yrimary Judge in Equity, or such questions as before the passing of the said Act a single Judge had or hereafter may have the power of disposing of in Chambcrs, shall be heard before and determined by at least three of the Judges of the said Court: Provided also that if any one or more of the Judges of the said Court shall be absent from the said Province, or on Circuit, or shall be unable to attend from illness or other un- avoidable cause; or if any of such Judges shall be or declare himself to be interested in any such matter or question, or shall declare that he cannot give a judicial dccision thereon froiu having acted as counsel or attorney in the suit or proceeding in which such matter or question arises, or otherwise in connection with the subject matter of such suit or proceeding, then, and in any or either of such cases, the other Judges or Judge, as the case may be, may, notwithstanding anything herein contained, hear and determine all such matters and questions.

P e w making fahe	4, Any person who shall wilfully give false evidence, or who shall affirmation, or declaration, taken within the said Province, and made under the provisions of the said '' Supreme Court Act, 1867,'' shall be deemed and taken to be guilty of perjury, and shall and may be indicted and prosecuted for such offence accordingly.
aEidavite guilty of	wilfully swear, affirm, or declare falsely in any affidavit, deposition,
p e r j q *

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

this Act,

F. G. IIAMLEY, Governor,

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Adelaide 1 By authority, W. C, Cox, Goyernment Printer, North-terrace.