Supreme Court Appeals Act of 1887 No 23a (NSW)

No. XII .

An Act to empower the Chief Commissioner

of Insolvent Estates to sit and act as a

Judge of the Supreme Court on the hear­

ing of certain New Trial Motions and
Appeals. [13th July, 1887.]

W H E R E A S it is enacted by the Act forty-eighth Victoria number

thirteen that no Judge of the Supreme Court shall sit on the hearing of an appeal from or on a motion to set aside any judgment order decree ruling or decision made by him and in consequence of such enactment and of the fact that one of the Judges of the Supreme Court is at the present time absent from the Colony as well as of the

fact that two of such Judges having been engaged as Counsel in
connection with certain cases now set down for appeal are unable to sit on the hearing of such cases on appeal And whereas by the temporary appointment of the Chief Commissioner of Insolvent
Estates as a Judge of the Supreme Court for the purpose of hearing
and disposing of such cases the Supreme Court would be enabled to take such appeals without further delay to the great relief of the parties thereto Be it therefore enacted by the Queen's Most Excellent
Majesty by and with the 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 :—

1.  This Act may be cited as the " Supreme Court Appeals Act

merge in the higher salary hereby authorized to be paid to him.

of 1887" and for its purposes the expression " Appeals" means the
New Trial Motions and Appeals enumerated in the Schedule to this
Act.
2. I t shall be lawful for the Governor with the advice of the

Executive Council by commission to appoint the present Chief

Commissioner of Insolvent Estates a Judge of the Supreme Court
for the purpose of hearing and disposing of the Appeals enumer­
ated in the Schedule hereto but for no other purposes And such Commissioner whilst sitting in the hearing of any such appeal
or for the purpose of disposing of any application in connection there­

with (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 be entitled 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

3. No appointment made pursuant to 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 his juris­ diction powers duties and obligations as the same subsisted at the passing of this Act Provided always that the appointment of such Commissioner as a Judge of the Supreme Court pursuant to this Act shall during its continuance be deemed to operate as an "absence" for all purposes of the third section of the Act twenty-fourth Victoria number twenty.

SCHEDULE.

(a) New Trial Motions.

Plaintiff. Defendant When set down. Judge. Appellant.

H a r t e a n d o t h e r s 7 N o v . 1885 Manning . D e f e n d a n t s

Stokes ..................................................	H o o d	16	N o v .	1 8 8 5	Innes .................................	D e f e n d a n t .
Innes .................................
Bank of New South Wales	F i n l a y	a n d	o t h e r s	3 0 A p r i l	1880	D e f e n d a n t s

M a c M i l l a n	a n d	w i f e	MeCulloch .	4	May	1886	Late Chief Justice	D e f e n d a n t .
Strickland	D o h e r t y	29	J u l y	1 8 8 6	Innes .................................	D e f e n d a n t .

Stewart .............................................. Try 2 8 O c t . 1S86 Faucett P l a i n t i f f .

M a c k a y Biehler .............................................. 30 O c t . 1886 Late Chief Justice P l a i n t i f f .

Hanslow	Sneddon ...........................................	15 N o v .	1886	Stephen (acting)...	D e f e n d a n t .
Shaw ...................................................	Faucett

S m i t h 14 F e b . 1887 D e f e n d a n t .

M a n n Faucett

U . S. C o . of N . Z 15 F e b . 1887 D e f e n d a n t s

M c W h i n n i e Faucett

Blair Borough of Camperdown 15 F e b . 1887 Faucett .............................. P l a i n t i f f .

Proctor ............................................ 16 F e b . 1887 D e f e n d a n t .

Proudfoot .............................................

(b) Equity Appeals.

G r e e n F l e t c h e r a n d o t h e r s 2 5 M a y 1886

Re,	B l a n d f o r d	P r o p r i e t a r y	21	S e p .	1886
S c h o o l

S t o c k t o n C o a l C o m p a n y . . . F l e t c h e r a n d o t h e r s 3 0 D e e . 1880

P u d d i c o m b e R o s s i a n d o t h e r s . . .