Supreme Court Act Amendment Act 1903 (WA)

WESTERN AUSTRALIA.

ANNO TERTIO

EDWARDI SEPTIMI REGIS,

X.

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No. 10 of 1903.

AN ACT to amend the Supreme Court Act,

1880.

[Assented to 5th December, 1903.]

HEREAS doubts have arisen as to whether or not the Preamble.

Governor is empowered, under the provisions of section twelve of the Supreme Court Act, 1880, to assign, by general or special commission, appellate as well as original jurisdiction to the persons mentioned in the said section of the said Act as capable of being appointed as Commissioners of the Supreme Court : And whereas it is expedient to determine such doubts: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :—

molt Act, 1903, and shall be read and construed as one with the 1. 'fins Act may be cited as the Supreme Court Act Amend- Short title.

Supreme Court Act, 1880.

1903, No. 10.] Supreme Court Act—Amendment. [3 EDW. \ II.

Amendment of 44 2. THE civil and criminal jurisdiction capable of being exercised

vict.,No.10,Sec.12. by the Supreme Court, which, under the provisions of section twelve of the Supreme Court Act, 1880, the Governor may, by commis- sion, either general or special, assign to the persons mentioned in the said section of the said Act, may include each and every jurisdiction, civil or criminal and original or appellate, which by any custom, law, or prerogative, or any statute heretofore enacted or hereafter to be enacted, or otherwise howsoever, the Supreme Court or any Court of which the jurisdiction is now vested in the Supreme Court, or the Chief Justice or any Judge of the Supreme Court, can now or hereafter shall be empowered to exercise; and every general or special commis- sion by the Governor, arid either now in force or hereafter to be granted and issued under the said section of the said Act, which by its terms purports to assign any such jurisdiction as above-mentioned, shall in that respect be good, valid, and effective : But _/10 appellate jurisdiction shall be assigned unless the Commission is granted to a Judge of the Supreme Court, or a practitioner of the said Court of at least seven years standing.

By Authority: WM. ALFRED Waxsolv, Government Printer, Perth.