Supreme Court Act (Amendment) 1892 (WA)

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ANNO QUINQUAGESIMO QUINTO

VICTORIA] R EGINAL

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No. XI.

AN ACT to amend " The Supreme Court Act,

1880."

[Assented to, gth March, 492.]

with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parlia-

Preamble.

BE it enacted by the Queen's Most Excellent Majesty, by and

ment assembled, and by the authority of the same, as follows:-

1. THE Judges of the Supreme Court, with the concurrence of the Colonial Treasurer, may by order fix the fees and percentages

Fees and percent-

ages to be taken in

Supreme Court.

to be taken in the Supreme Court or in any Court to be created by

(Aid. Act, 1875,

any commission or in any office which is connected with any of

s. 26.)

those Courts, or in which any business connected with any of those Courts is conducted, or by any officer paid wholly or partly out of public moneys who is attached to any of those Courts, or any Judge of those Courts, and may, from time to time, with the like con- currence, by order, increase, reduce, or abolish all or any of such fees and percentages, and appoint new fees and percentages to be taken in the said Courts or offices or any of them, or by any such officers as aforesaid.

55° VICTORTIE, No. 11.

Supreme Court Act—Amendment.

Any order made in pursuance of this section shall be binding on all the Courts, offices, and officers to which it refers, in the same manner as if it had been enacted by Parliament.

All such fees and percentages shall be paid into the Colonial Treasury and carried to the Consolidated Revenue Fund.

An order under this section may abolish any existing fees and percentages which may be taken in the said Courts or offices, or any of them, or by the said officers, or any of them ; but subject to the provisions of any order made in pursuance of this section, the fees and percentages already fixed and appointed by the Judges of the Supreme Court shall continue to be taken, applied, and accounted for, in the existing manner.

2.      THE power to make Rules, conferred by section twenty-four

Power to make

of " The Supreme Court Act, 1880," shall be deemed to include the

Rules. (Jud. Act,

1884, 9. 23.)

power to make Rules for regulating the procedure on appeals from

inferior Courts to the Supreme Court.

3.     WHERE any person neglects or refuses to comply with a

Execution of instru-	judgment or order directing him to execute any conveyance, transfer,
ment by order of the
Court.	contract, or other document, or to endorse any negotiable instru-
(Ind. Act 1884, s.	ment, the Court may, on such terms and conditions (if any) as may
14.)	be just, order that such conveyance, transfer, contract, or other document shall be executed, or that such negotiable instrument shall be endorsed by such person as the Court may nominate for that purpose, and in such case the conveyance, transfer, contract, document, or instrument so executed or endorsed shall operate and be for all purposes available as if it had been executed or endorsed by the person originally directed to execute or endorse it.

Quo Warranto.	4.	PROCEEDINGS in Quo Warranto shall be deemed to be
(Jud. Act 1884,

s. 15.) civil proceedings, whether for purposes of appeal or otherwise.

5.     THIS Act may be cited as " The Supreme Court Act

short Title. (Amendment), 1892."

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

to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority: RICHARD Purnun, Government Printer, Perth.