Supreme Court Appeals Act of 1887 Amendment Act (1887 No 27a) (NSW)

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No. XVI.

An Act to aniencl, and extend the provisions si»»» f»™» y -L A pj’e ^i .s A ct of

of, the “ Supreme Court Aii])oals Act of

1887.’’ [22w.d Novemher, 1837.]

"ITiTHEUEAS tlie temporary appointment of tlio Chief Commissioner ProninUc.

of Insolvent Estates as a Judge of the Supreme Court for the purpose of hearing and disposing of the eases specified in the Schedule to the “ Supreme Court Appeals Act of 1887,” has not, by reason of unforeseen circumstances, afforded the relief expected either to the Supreme Court or to the parties interested in the said cases. And whereas it is deemed expedient to amend and extend the provisions of the said Act, so as to confer a larger civil iurisdiction on the said Chief Commissioner than he noiv possesses under the said Act. Be it therefore enacted hy the Queen’s Most Excellent Majesty, by and ivith tlie advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

V V

1 . This Act may ho cited as the “ Supreme Court Appeals Act siiort title, &c,

of 1887 Amendment Act.”

2. The Chief Commissioner of Insolvent Estates shall, hyExnnsbnof

virtue of the “ Supreme Court Appeals Act of 1887,” and the Com­

mission issued to him pursuant to the said Act, have, and may exercise imoivent Estates as

in addition to the jurisdiction and powers specially conferred hy the said

A Act, '

No. 17. 5r VIC. 1887.

Judges Enabling.

Act, the jurisdiction, powers, privileges and authorities of a Puisne Judge of the said Court for the hearing and determining of any cause or pro­ ceeding in the said Court (other than pleas of the Crown), until tlie twenty-eighth day of December, in the year one thousand eight hundred and eighty-seven and no longer. And such Commissioner, while sitting in the hearing of any such case or pi’oceeding, or for the purpose of disposing of any application in connection therewith (interlocutory, executory or otherwise), which a Judge of the Supreme Court would have jurisdiction to hear and dispose of, shall have and may exercise the jurisdiction and powers, together with the protection of a Judge of the Supreme Court, and shall during the time he shall so sit as a Judge of such Court he entitled, up to the aforesaid date, to the salary of a Judge thereof. Provided always that during such time his own salary as Chief Commissioner of Insolvent Estates shall for the time being merge in such first-mentioned salary.

Provisoes. 3. Nothing in this Act shall be deemed to affect or interfere in

any way whatever with the existing Commission of the said Chief Commissioner of Insolvent Estates, or with any future Commission which may he issued to him, or with his jurisdiction, powers, duties, and obligations, as the same subsisted at the passing of this Act, Provided always that the extension of the powers granted by the Commission issued under the Act hereby amended shall, until the said twenty-eighth day of December, he deemed to operate as an “ absence” for all purposes of the third section of tlie Act, twenty-fourth Victoria number twenty.