Supreme Court Procedure Act 1866 (SA)

ANNO TRICESIMO

D. 1866.

No. 7.
An Act to regulate and amcnd the Practice and Procedure of the

Supreme Court of the Province of South Alrstralia	its
Revenue Jurisdiction.

[Asscntcd to, 8th November, 1866.1
HEREAS it is expedient to regulate and amcnd thc practice Preamble.
W and procedure of tht:Suprcmc Court in its rclTenue juridic- tion-Be it therefore Enacted, by the Govcrnor-in-Chief of the Pro- vince of South Australia, with the advice and consent of the Legis- lative Council and House of Assembly of the said Province, in this
present Parliament assembled, as follows:
1. The Supreme Court s h d have power, authority, and juridic- S~premc Court, Chirf

tion in the said Province as fully and effectually as Hcr Majesty's

Justice, and Judges to

power

C,wrt

Court of Exchequer in England hath on the rcvcnuc side thereof, of Exchequer, and

Uhancellor, Chief

and the Judges, or the sole Judge of the said supreme Court B

aron, and othrr

for the time being, s l d l have thc same or a like power, jurk Barons of the 14:s-

chequer in rcvenue

diction, and authority in the said Supreme Court W the Chancellor ,,tteru,
of the Exchequer, and the Barons of the Court of Exchequer,
or as the Barons of the Court of Exchequer have iu England
in reveliue matters, except when otherwise provided by the rules
in the Schedule hereto, or any general rules of the Supreme
Cowt hereafter to be made, and any act which in the said Court of
Exchequer may be done or performed by the Chancellor of the
Exchequer, or by the Chief Baron thereof, may, in the said Supreme
Court, in the like case, be done or performed by the Chief Justice, or Senior Judge thereof, and any act which may in the said Court of
Exchequer be done and performed by one of the Barons thereof,

may,

30" VICTORIB, No. 7,

Supreme Court Procedure Act.-1 866,

.- --

may, in the said Supreme Court, in the like case, be done or per-
formed by any Judge thereof,
Attorney-General of

South Australia to

2. The Attorney-General for the said Province may appear in the

have same power in

said Supreme Court, and act for and represent Her Majesty, Her

revenue cases as

Attorney-Gencral of

heirs, and successors, as f d y and effectually, and in the like manner

England.

to all intents and purposes as the Attorney-General of England may now by law appear for and represent Her'Majcsty in thc-said Court

o r ~ x c h e ~ u e r

in England on its revenue side.

Proceas, &F., usually

issued, recorded, or

3. All process and other proceedings, acts, matters, and thingswhich,

taken, by or before	in like cases in the Court of Exchequer in England, on its revenue
Attorney-General of
England to be issued,	side are usually issued, done, had, received, filed, recorded, or taken
recorded, and taken by	by or before the Attorney-General of England, a id which may be
or bcfore At torncy-
General of South	required, or necessary, or proper to be issued, done, Bad, received, filed,
Australia.	recorded, or taken in the said Supreme Court, may be issued, done, had, rcceivcd, filed, rccordcd, or taken by or before thc Attorney- General of South Australia, in the form and manner prescribed by the rules in thc Schedule hereto, or by any general rules hereafter to be made under the authority of this or any other Act, and shall and may be issued, done, had, received, filed, recorded, or taken as fully and effectually by or bcforc tho Attorncy-General of thc said Province, as the same may be in like cases issued, done, had, received, filed, recorded, or taken in England by or before the Attorney-General.
thereof.
Master of Suprcrno

Or	4, All process and othcr proceedings, act, matters, and things

'Ierk

which, in like cases in the said Court of Exchequer wcre, after the

to have same powers

as Queen's Remm-

passing of the Act, passed in thc Scssion of the Imperial Parliament,

branccr in England.

held in the twenty-second and twcnty-third years of the reign of Her present Majesty, chapter 21, a id the making of the rules pup suant thereto, in' the twentyfourth year of Hcr Majesty, authorized

to be issued, done, had, received, filed, recorded, or taken by or

before Her Majesty's l<cmembrancer, or by or before any master

required or needful to be issucd, donc, had, received, filed, recorded,

or other officer of the said Court, and which shall be bp law

or taken in the said Province, shall and may be issued, done, re- ceived, filed, rccordcd, or taken by or bcforc the Master of the said Supreme Court, or in case of his absencc by or before the Chief Clerk, or Senior Clcrli of the said Court, ill the form and manner prescribed by the rules in the Schedule hereto, or by any general rules llereafter to be made under the authority of this or any other Act, and shall and may be so issued, done, had: reccivcd, filed, rccorded, or taken by or before the Master, or, in the case aforesaid, by or before the Chief Clerk or Senior Clerk as fXly and effectually as the same might, after the passing of the said Act of the Imperial Parliament and the said rules, in like cases be issued, done, had, received, filed, recorded, or taken in the said Court of Exchequer, by or before IIer

Maj

jesty's Bemembrancer.

Cammiurions, &C.,

5. All or any commissions, extents, writs, or other process of

may be directed to

whatever

Supreme Court P~ocedure Act.-1

866.

whatcvcr denomination to be hereafter issued out of thc said Supreme Sheriff or W i a l

Magistrate, and in

Court in its revenue jurisdiction, and which in the like cases when jury oases to Judge,
issued out of the said Court of Exchequer, are usually directed to and ~ ~ $ $ r ~ ~ e ~ d
executed by the Sheriff of a county may be directed to ancl executed
by the Sheriff of the said Province, or by any person specially
authoiized by a rule of the Supreme Court; and all and every other commissions, extents, writs, or otller process issued out of the sdid Supreme Court, in its revenue jurisdiction, may be directed to and executed by any Sheriff or any other person or persons, except any commission, cxtent, writ, or &her process whereby an inquiry is directed to be taken by or Fefme, or with the assistance of a jury,
which commission, extent writ, or other process may be directed to
and executed by a n y N e of the Supr~rne Court, or by any Sheriff or person specially authorized by any rule of the Supreme Court as aforesaid.

6. All or any commissions, extents, writs, or other process issuing Commissions,

&C., to

be according to rules

out of the said Supreme C o u r t k i ts kvenue jurisdiction,

shall be in

Court,

.
the form prescribed by the rules in the Schedule hereto, or by shy general rdes of the said Court, and shall be tested in the name of the Chief Justice, or Senior Judge of the said Court, and under the

seal af the said Court, and may be tested and returnable on any	X-
Z

day certain in or out of term to be named in such commission, ~

extent, writ, or other process, and except when otherwise provided tested and rstumable.
by the rules in the Schedule hereto, or by any general rules of the
said Court, shall be returnable not less than eight days after
the same shall be issued, and at the return of any commission,
extent, or writ (except when otherwise provided by r d e of the said Sobanquaot pmcccd-
Court as aforesaid) the like rules may be given and such other pro- '*gS*
ceeclings had, and such subsequcnt writs and process issued at any
time in or out of term ss in the like cases in the said Court of Exche-
quer: Providcd that mhcii any person shall entm a claim to any Proviso.
goods scized under any extent, or rcturn as forfeited, which it shall

ing to any gcncral rules of the mid ~ u p r e m c Court as aforesaid,	be lawful to do in vacation, the furthcr proceedings shall be accord-	and in dcfault'of any such rules according to the ordinary practice and course of the said Court of Exchequer in England in the like
case so far as the same may be applicable.

7. Whenever it shall be necessary for the execution of any m-

Jury map be W-

mission, - writ, or other process isswd out of the Supreme Court in its revenue jurisdiction that a jury shall be impannclled, the
Judge, Sheriff, or other person to whom the commission, extent,
writ, or other process may be directed, shall summon a jury of twenty-four indifferent persons duly qualified to act as jurymen in the Supreme or any Local Court, to meet at a convenient time and place to be appointed by him for that purpose, such time not being less than fourteen ,nor more than twenty-one days after the receipt of such warrant.

8. Out of the jurors appearing upon such summons, a jury. JUV to IM

imp-

.of nailed.
30" VICTORIB, No. 7.
%

&preme

Court .Procedure A c k 1 8 6 6.

of twelve persons shall be d r m by the Judge, Sheri$ or such other person in such manner as juries for trial of issues joined in the Supreme Court are by law rquired to be drawn; and, if a ~~- cient number of jurymen do not appear in obedience to such sum- mons, the Judge, Sheriff, or such other person shall return other indifferent men, duly qualified as aforesaid, of thc by-standers, or others that can speedily be procured, to makc up the jury to the number aforesaid; and all parties concerned may have their lawful challenp against any of the jurymen, but no such party shall chal. lengc: the array.

W i t n e w to h mm-	9. The presiding Judge, Sheriff, or such other person may sum- touching the matters in question; and may cause the jury, or any six or more of them, if required, to view the place or property, in
moned.	mon m y person considered necessary to be examined as a witness
View to be had.
like manner as views may be had in the trial of actions in the
Supreme Court.

p e n d t ~

o n j q

10. If any person summoned and returned, or required to serve

default.

upon any jury as aforesaid, do not appear when summoned; or, if appearing, he refuse to make oath, or in any other manner he m- lawfully neglect his duty, or if any person lawfully required to serve upon any jury as aforesaid, refuse to make oath, or neglect his duty, he shall, unless he shall show reasonable excuse to the satisfaction of the Sheriff, Judge, or such other person, forfeit a sum not exceed- ing Ten Pounds to Her Majesty, Her heirs, and successors; and every such penalty may be rccovercd in like manner as penalties im- posed by the Supreme Court upon jurymen are recoverable; and, in addition to thc penalty hereby imposed, every such juryman shall be subject to the same regulations, pains and penalties, as if such jury had been returned for the trial of an issuc joined in the Supreme Court.

Tenn1t.y on witn	ea	11. That if any person duly summoned to give evidence upon any such inquiry, and to whom a tender of his reasondble expenses shall have been made, fail to appear at the time and place specified in the summons, without sufficient cause, or if any person, whether sum- moned or not, who shall appear as a witness, refuse to be examined on oath touching the subject matter in question, every person so offending shall forfeit to Her Majesty, Her heirs, and successors, a sum not exceeding One Hundred Pounds, to be imposed by the Judge, Sheriff, or such other person, and to be recoverable in the same manner as penalties imposed or sums recoverable, and shall
making default.

also be liable to the same regulations, pains, and penalties as if he
had been summoned as a witness in an information in the Supreme
Court in its criminal jurisdiction.
12. That before the jury proceed to inquire into the matter upon
which by the commission, extent, writ, or other process their verdict
is to be given, they shall make oath that they will truly and faithfully
inquire into the matter upon which by suoh commipsian, extmt, writ,
or
30VVICTORI-43, No. 7.
or other process their veidict is to be given, and s true vcrdict given according to the evidence; and the Judge, Sheriff, or such other person shall administer suck oaths, as well as the oaths of dl persons
called upon to give evidence.

13. ,411~

inquiry directed to be had by, before, or with the assis- Inquiry may be mada

before juries at Civi l

tzlnce of a jury u d c r any commission, writ, extent, or other process 8

ittings of the

dircctcd to a Judge of the said Supreinc Court, may be had and Supreme Court.
taken by, before, or with the assistance of any jury summoned to
try issues in the Supreme Conrt at the Civil Sittings thereof'.
14. A11 process and other proceedings in the said Supreme Court, Proccss tn bc under

u&ss	otherwise provided by this or any other Act, or by any general seal of Court.

rtde as aforesaid, shall be under the seal of the said Court; and the seal of the said Court, except as aforesaid, shall be used where the seal of the Chancellor or any other seal is required in like case in the said. Court of Exchequer.

15, The Statute passed in the twcntj~-first

year of ICing Jarncs the stature 21 Jas. I., C.

First, chapter 14, sllilll apply in South Australia, only to lands 147 when app1ic3b1e+
which huvc been or shall be alicnatcd by the Crown for any estate
in fcc simple, or for any lcss estatc not deterrnincd at the date of
the issue of the subpomx ad wspondendunz or other yroccss to compel
appearance.
16. Sectiou 174 of the '' supreme CJonrt Procedure Act, 185 3," Section 171 Supreme

for the smtmdment of defects and errors in any proceechg in civil 1863,	Conrt Procedure Act
causes, and concerning the costs and terms of such amendment, shall extend to all suits and proceedings in the said Supreme Court in its revcnne jurisdiction.

17. In any suit or proccccling in the Supreme Court in its revenue jurisdiction, thc parties may at any time bcfbrc judgmcnt, by colwent stated. and ordcr of a Judgc, statc any question or cluestioils of law in a	Specid case may be
special case for the opinion of the Court, without pleadings, and
upon judgment tliereon, error may be brought as in a judgment on
a special verdict, unless the parties agrce to the contrary; and the pro-
ceedings for bringing a special 'case before the Court of Appeals, or	& g d F - '
Her Ntjesty in Her Privy Council, shall, as nearly as may be, bc the same as in the case of a special verdict ill cases at common law; and the Appeal Court shall either affirm the judgment, or give the same judgment a s ought to have been given in the Court in which
it was originally decided, the said Appeal Court being required to
draw any inferences of fact from the facts stated in such special case which the Court below ought to have drawn.

18. In case no agreement shall be entered into as, to costs of such costa to follow BVBO~,

special case and proceedings, the costs shall follow the event and be mad,.	unless agreement
recovered by the successful party.

19. No such appeal shall be allowed under this Act, uxlless notice NoBce of appal to be

$ 4 1 9

thereof

m-c--.;t.-/'~~--Q-Ik~-q~'ePZ/

30" VICTORIZ, No. 7.

Supreme

Cou~t

Procedure Act.-1866.

thereof be given in writing to the opposite party or attorney, and to the Master or Chief Clerk of the Court, within four days after the decision complained of, or such further time as may be allowed-by the Court or Judge,

l*rccceaingsin appeal.

20. The proceedings on appeal in any suit shall be a step in the

cause, and shall be taken in manner and subject as to such terms and conditions as to giving bail or security, as may be directed by any rule or order of the Supreme Court, either mentioned in the Schedule hereto or made by the Judges thereof, under this or ally other Act or Acts of Parliament authorizing the same.

' 21. No judgment in any cause in the Supreme Court in its

fillpeal.

revenue jurisdiction shall be reversed or avoided for any error or defect therein, unless an appeal be commenced, or brought, and prosecuted with cffcct within six years after such judgment signed or entered of record: l'rovided that if the party ei~t~itled to bring

Exceptions,

an appeal be, at the time of such title accrued, within the age of

twenty-one years, femme couverte, non compos mcntis, or beyond the

seas, the Court or a Judge may allow an appeal to be brought at

any other time.

Bill "f cxccptions may

22. Either party may tender a bill of exceptions on the trial of any issues arising in the fhpreme Court in its r'evenue jurisdiction, and the like proceedings may be had and taken thereon as in such cases between subjcct and subject,

b,: tendered.

Regulating c o & ~

23. Thc costs of all suits, iilformatioas, and other proceedings, and of any interlocntory matter or proceeding in the Supreme Court in its revenue jurisdiction, whether in law or in equity, may be adjudged, decreed, or ordered by the Court or a Judge, between the Crown and the subject on the same principles as such costs are now allomd between subject and subject, so far as such principles may be applicable, subject to such rules and orders as to the

allowance of such costs as mily be made by the Judges of the said

Court under this or any other Act; and it shall be lawful for the

Governor, and he is hereby required to pay costs directed to be paid by the Crown, out of any moneys which may hereafter be voted by Par- liament for that purpose; and until rules may bc made by the Judges of the said Supreme Court for regulating the fees and costs in suits in the said Court in its revenue jurisdiction, the fees to be paid and the costs allowed shall be on the same scale as such fees are now paid OS costs domed in the said Court in cases between subject and subjcct, so far as such scale can be applied, and when the same cannot be applied the scale allowed by the said Court of Exchequer in like cases shall b e adopted.

l'lcadinga

n b t to be

24. No pleading in the Supreme Court in its revenue jurisdiction

insufficient for want

of form. -

shaa be deemed insufficient for any imperfection, omission, defect in, or lack of form, or formal commencement or conclusion, or for

the want or omission of an averment of any matters unnecessary to

be proved.

25. U&@

30" VICTORTB, No, 7.

8upreme Court Procedtrre Act.-1866.
25. Unless stayed by the order of the Supreme Court, or n Judge Process for levying

thereof, or by warrant of the Governor, process for duly levying and

~; e; ~; c; ~ r ~ - ~ l e d

enforcing paymeut of all fines, issues, amcrcements, penalties, and clerk.
forfeited recognizances, estreated into the Suprcrne Court and not
lavfully vacated and discharged, may be issued by the Master, or,
in his absence, by the chief clerk W some clerk, at any time or
times, and so from time to time until the same s l d l be fully paid or 1
levied, vacated or discharged.
26. When a right of re-entry upon lands or other hereditamcnts Right of wentry may

shall have accrued to Her Majesty, or Her successors, such right may ~	~	~	$	~	f
be exercised or enforced without any inquisition being taken, or office being found, or any actual re-entry being made on the premises.

27. It shall be lawful for the Judges of the Supreme Court, or R U ~ M

mny be made.

any two of them, from time to time to make, alter, or vary all such rules and orders as to the process, practice, and mode of pleading on the revenue side of the Court, and as to the allowance .of costs,
and for the effectual execution of this Act and the intention and
objects thereof, as may seem to them necessary and proper, and also from time to t h e, by any such rule or order, to extend, apply, or adapt any of the provisions of the C C Suprcrne Court Procedure Act, 1853," and the " Supreme Court Procedure Act, 1855-6," and any of the rules of pleading and practice in the plea jurisdiction of the said Court to the revenue jurisdiction of the said Court, as may seem to them expedient for making the process, practice, and mode 'of pleading on the revenue jurisdiction of the said Court as nearly as may be uniform with the process, practice, and mode of pleading in the lea jurisdiction of such Court: Provided that such rules shall rules come into operation, and shall take effect at a date to be named be lai IP bcfore both Houses of Parliament for one month before such

in such rules, not being less than forty days from the making

thereof.

scales of costs for the revenue side of. the said Court may be issued, authorized.

28. Such new or altered writs and forms of proceedings and Altered forms may be

altered, taken, and acted on, a8 the said Judges or Judge shall from time to time think fit to order; and when not otherwise provided for by the general rules in the Schedule hereto, or made as aforesaid, all such writs and procecdings shall be acted on and enforced in such and the same manner as the writs and pro- ceedings on the revenue side of the Court of Exchequer are now acted on and enforced in like cases in England, or as near thereto as
the circumstances of the case will admit; and any existing writ or
proceeding, the form of which shall be in any manner altered in pursuance of this Act, shall nevertheless be of the same force and virtue as if no alteration had been made therein, except so far as
the effect thereof may be varied under the powers of this Act.

29. Until d e s shall be made under the authority of this Act, ~ u l a i n r ~ ~ d ~ l o

and be in force.
30" VIOTORIB, No. "I.

8 t t p e m e Court Procedzm Act.-1

866.

---
and so far as any rules hereafter to be made shall not cxtcnd, the rules and regulations and the forms contained in the Schedule to this Act, shall regulate and be used in proceedings in the said
Supreme Court in its Rcvcnue Jurisdiction so far as the same are
applicable,

Practice and proce-	30. The praGice and proc&re	of the said Supreme Court, when
dure, when not yro-

vided fur, to be liko	the same is not prescribed by general rules as aforesaid, shall, where
that of Court of
Exchequer.	the same is applicable, be according to the course and procedure of the said Court of Sxchequer, as existing immediately after the making of the rules in the twenty-fourth year of Her Majesty's reign, will under and pursuant to the said Act of the Imperial Yar- liaum*the twmtv-sccond and twcntv-third scars of the reign of Her present ~ a j c s 6, chapter 21, and'when 'the course andupro- ccdme of the said Court of Exchequer is not strictly applicable, by reason of the circumstances connected with a Colony or Province, the

1 c

of L

special rules may be

said Supreme Court may make any special rule applying the pactice

made.

of the Court of l3xchequcr to the paF6culau case, and by any such spccial rule prescribe the form of any commission, eztent, writ, or other process or proccerling in any paxticular case, where it may be considered by the said Supreme Court to be necessary to do so for the purpose of exercising the power and authority of the said Supreme Court in its revenue jurisdiction in like manner as the - power and authority of the Court of Exchequer is exercised in like cases: Provided that it ehall be lawful fo'r the Court or Judge, on the application or with the consent of the Crown, at Gy time after information filed, to order t'hat the proceedings shall be thcnceEorth wholly or partially treated and carried on as on the Corn- moll Law sick of the Court, upon such terms as the Court or a Judge shall order; and the Court or Judge is hereby required to make such order in all cases where it shall appear to snch Court or Judge that proceedings will be thereby simplified, and after the making of any such older the information shall bc treatcd and pleaded to wholly or partially as the case may be, in all respects as upon a

p:uty ancl party, on the said Common Law side, except that the

declaration or writ of ejectment as the case may be, between

burthen of proof or right of reply shall not be thereby changed or

altered.

Saving rights of

31. Save as herein expressly provided, nothing in this Act shall

affect or .prejudice the j~risdict~ioii or authority of the Supreme Court, or of the Governor, or any right or privilege now exercised by Her Majesty's Attorney-General on behalf of the Crown.
Q

h	the name and on behalf of the Queen, X hereby =sent to

this Act,
1). DALY, Governor,
SCHEDULES
30" VICTORIB, No, '7.
&,reme Court Procedure Act-1866.
SCHEDULES REFERRED TO,
Genera2 Rub as to &suing Writs.
1. All writs to be hereafter sued out by any attorney shall be prepared by the attorney suing out the same, and the name and address of such attorney shall be endorsed thereon, and every such mrit shall before the issuing thereof be sealed at the Supreme Court Office with the seal thereof, and a precipe left thereof at the said office, and thereupon an entry of every such writ, together with the date of sealing, and the name of the attorney suing out the same, shall be made in a book to bo kept a t the Supreme Court Office for that purpose, and all writs, of whatever description, to be hereafter issued from the said office in the revenue jurisdiction of the said Court, shall be tested of theyay, month, and year when issued, but in case any mrit or writs of extent, or diem clausit exlremum, shall issue within twenty-one days from the date
of the fiat, the same may bear test the dato of the fiat: Piovided that this rule is
not to affect the right of the Crown applying to the Court or a Judge for a writ of ex-
tent, or diem cZausit extremzcm, tested the dato of the fiat.
Subpma ad Respondendurn.

The proceedings by

s u b p ~ n a

ad respondendurn may be thus :-

2. The writ of subpaena may be either in form l, 2, or 3, Schedule A, according to the circumstances, and shall be in force six calendar months from the date thereof; and at any time during six months from the issuing or renewing, as hereinafter men- tioned, of the original writ of subpaena one or more concurrent writ or write may issue, each concurrent writ to bear teste of the same day as the original writ, and to be sealed and marked concurrenti' and the date of the isauing of the concurrent writ, and such concurrent writ or writs shall only be in force for the period during which the original writ of sulrpccna shall be in force; but if any defendant therein named may not have been served therewith, the original or concurrent writ of sub- pceua may be renewed at any time before its expiration for aix months from the date
of such renewal, and so from time to time during the currency of the renewed writ,
by being sealed and marked of the day, month, and year of such renewal; and a writ of subpcma so renewed shall remain in force and be available to prevent the opera- tion of any Statute whereby the time for the commencement of the suit may be limited, and for all other purposes from the date of the iasuing of the original writ of subpana.
3, I n order to praceed to judgment under the following rules, the scrvicc of the writ shall, where practicable, be personal; but the order of a Judge may be obtained under special circumstances, on affidavit, to dispense with personal scrvico, and to proceed as is the practice on the Common Law side of the Court.

4. The appearance to be in fourteen days horn the day of service, inclusive of the day of service.

5. If the defendant does not appear according to the exigency of the writ, judg- ment may be signed on filing an information (if not previously filed), and an affidavit of eervice or the order to proceed; and in all cases where the claim is in respect of
a debt, penalty, or liquidated demand in money, execution m l y issue in fourteen
days from the day of signing judgment.
6. If defendant appears in due time, a copy of the information must be delivered to the defendant or his attorney, in case he appears by attorney, and notice given (either on the information or separately) to plead in fourteen days from the day of eervice of such notice, otherwise judgment.
7. The defendant may appear at any time before judgment actually signed, but if
he does so after the orlinary time for appearance, he or his attorney must in such
case forthwith give notice to the sdicitor of the department, or the attorney issuing
the writ, that he has appeared.
the defendant appears after the time for appearance, and before information filed, a copy of the information is to be delivered, with notice to plead as before- mentioned; and if defendant appears after the information has been filed, and before judgmenk signed, notice is to be given to him, or his attorney, on request, at the office of the Supreme Court of the d ~ y when the information was filed, and he may obtain an office copy thereof on payment for the same, and he must plead thereto within four days from the date of his appearaqce, otherwise judgment may be signed sgainst him.
8. If*

8, When

30" VICmBI&, No. 7.
Supreme Court Procedure Act-1 866.
When a defendant appears in person the servicc of all rules, notices, and other pxoceedings may be made at the address given by him on entering his appearance, within one mile of the General Post Office, Adelaide, and if no euch address be given then such service may be made by being placed in some prominent part of the
9

S u p r e m ~

Court Office.

Ccipias.
10. The writ of capias may be made in form 4, Schedule A, and shall be in force six calendar ~nonths from the dl te thereof, but the same may be renewed from time to time for a like period at any time within the original period of six months, or within the renewed period by resealing the writ at the Supreme Court Office.
Ll. 'l'he appearance is to be entered and bail-piece filed in fcurteen days after the execution of the wit, inclusive of the day of execution,
12. If the defendant having given bail to the Sheriff, or other officer or persm to whom the writ is directed, does not appear according to thk exigency of the writ, and also file his bail-piece, judgment may be signed on filing an information (if not previously filed), and the return and execution may issue in fourteen days from the
2ay of signing judgment.
13. If defendant appears in dtxe time and files his special bail, a copy of the infor. mation must be delivered to the defendant or his attorney, in case he appears by attorney, and notice may be given (either on the infurmation or separately) to plead in fourteen days from the day of service of such notice, otherwise judgment. The defendant may appear and file his bail at any time before judgment actually ~ igned,
and if he does so after the ordinary time for appearance and filing his bail, he or his attorney must in such case forthwith give notice to the solicitor issuing the writ, or acting for the Crown in the cause, that he has done so.
14. If the defendant appears and files his bail after the time for appearance and before information filed, a copy of the information is to be delivered with notice to plead as beforementioned; and if defendant appears and files his bail after the infoi - mation has been filed, and before judgment signed, notice i s to be given to him or to his attorney, on request, at the Supreme Court Office, of the day when the information was filed, and he may obtain an office copy thereof on payment for the same, and he must plead thereto within four days from the date of his appearance and filing his bail, otherwise judgnlenl may be signed against him.
15. I n any case if a defendant be in custody for want of bail, he may be served with a copy of the information filed against him pcrsonally, or by delivery of a copy of the information to the gaoler, keeper, or turnkey of the prison, and in default of such defendant appearing and pleading to such information for twentg days from the date of such service, judgment may be entered by default and execution issue forth- with.
16. In any case where a party is in gaol, and is to be served with a copy of the
information, the copy is to be made by the attorney suing out the writ, or acting for
the Crown in the cause, but before service the information is to be filed in the

take an assignment of the bail bond.

Supreme Court Office: Provided that nothing in these rules shall affect the right to

17. If a defendant be arrested and gives bail to the Sheriff, or other officer or person to whom the writ is directed, for his appearance, before entering such appear- ance the defendant shall give a notice containing the names and addresses of his bail to the attorney who issued the capias, and which notice shall be left with such attorney four clear days before application shall be made for the notice to be

returned.

18. Should the bail be approved, a bail-piece containing the name of the def6ndant and his bail, with tLcir respective addresses and occupations, is to he made out on parc%ment by defendant or his attorney, and acknowledged; the leave of a Judge must be obtained if more than two names of bail are inserted in the bail-piece. The bail-piece, if acknowledged in town, must be before a Judge or Special Commis- sioner, who may be appointed by the Court or a Judge thereof, and after acknow- ledgment, filed together with the Crown's approval of bail in the Supreme Court Office; if acknowledged in the country i t must be before a Conlmisvioner duly authorized to take special bail in the Supreme Court. In the latter case, after acknowledgment, an affidavit of caption must be made, which, together with the bd-p iece and Crown's approval of bail, must be filed in the Supreme Court Office, and at the time of filing his bail defendant must also enter his appearance and give

notice to the attorney issuing the writ, or acting for the Crown in the cause, that be

has done so, if bail not perfect and appearance entered in due time; if the bail 1s

refused, the parties shall be at liberty to justify beftxe a Judge, or by order of a

Judge before the Master, upon giving two clear days' notiee of their intention to do

30" VICL'ORIB, No. 7.

-68

Suprehe Court Procedwe Act.-1 866.
no to the attorney issuing the writ of capias, or who acts for the Crown in the cause
or the defendant may submit the names of other bail for the attorney's approval.
19. If defendant reqliires furthcr time for appearance or perfecting bail, the same
may be obtained by summons and order of a Jpdge.
20. By the order of a Judge the defendant may render to any public gaol other than tba public gaol a t Adelaide, but notice of thc application must be given to the attorney who issued the writ of capias, or who arts for the Crown in the cause, and if order made, and defendant renders to such gaol, a ccpy of such order must be left with the gaoler, and a lw a t the Supreme Court Office, but defend'mt may render to the gaol in Adelaide an giving notice to the Master, who is to prepare a transcript of the bail, and attend with the same and original bail-piece beford a Judge at the time of defendant rendering. If defendiwt only puts in bail for the purpose of rendering, the bail-piece and transcript are to be prepxted by defendant, and after acknowledgment must be filed at the Supreme Court Office.
[For fzrm of bail-piece sea Schedule C, form? 10 aud 11 1

Intrusiow .

~ d a h = J L 5 L

21. I n order to assimilate the mode of procedure in intrusion to that in ejectment and trespass on the common law side of the Court as nmrly as may be consistently mith the rights and prerogatives of the Crown and the provisions of the Imperial Statute 21 Jac. I., c. 14, when applicable, the mode of procedure to remove persons intruding upon the Queen's possession of lands or premises shall be scparate and distinct from that to recover profits or damages for intrusion.
22, Tn proceeding by writ of subpama for intrusion to remove persons intruding upon the Queen's possession of lands or premises, the writ may be dirccted to the persons intruding by nzme, and to all persons entitled to defend the possession of the property claimed, and the property intruded upon shall be described in the endorsement on the writ with reasonable certainty.
[For form of writ see Schedule A, No. 2.1
23. The writ shall command the persons to whoni it is directed to appear within fourteen days after service th2reof in thc Supreme Court, to defcnd themselves in respect of the property alleged to be intruded upon, or such part thereof as they may think fit, and i t shall also co~rtain a notice that in default of appearance they
will be removed from the premises.
24. The \vrit,may be served in like manner as otllcr writs of suhpmna, or in such manner as the Court or Judge shall order; and in case of there being no person actually resident upon or i n the actual occupt ion of the property, s m h writ may be served by affixing a copy thereof upon the door of any dwdling-house, or upon any other conspicuous part of thc premises.
25. The persons named as defendants in such writ, or either of them, shall be allowed to appesr within the time appointed.
26. Any other person not named in such writ shall, by leave of the Cowt or a

Judge, be allowed to appear and defend, on filing an affidavit showing that he is

taking the profits either by himeelf or his tenant of the land, &c.
27. Any persvn appearing t.o defend a3 landlord i n respect of property whereof he

hlleges himself to be taking the profits only by his tenant, shall state in his appear-

ance that he appears as landlord.

28. Any person appearing to such writ shall be at liberty to limit his defence to a part only of the property mentioned in the endorsement on the writ, describing that part with reasonable certainty in a notice intituled " In the Supreme Court and Cause," and signed by the party appeari~lg or his attorney, such notice to be served within four days after appearance upon thc attorney whose name is endorsed on the writ; and a n appearance without such notice confining the defence to part shall be deemed a s aRpearance to defend for the whole.
29. No judgment for want of appearance to remove persons intruding shall be signed w i t h ~ u t firat filing an affidavit of the service of the writ, and a copy thereof, and the information, or, where personal service has not been affected, without first obtaining a Judge's order or a rule of the Court authorizing the signing such judg- ment, which said rule or order, or a duplicate thereof, shall be filed, together mith a copy of the writ and the information.

30.

Where a person not named in the writ of

subpe-la in s u d l cams has obtained

leave of the Court or a Judge to appear and defend, he shall forthwith enter an appearance entitled in the suit against the party or par~ies named in the writ as defendant or defendants, and shall forthwith give notice of such appearance to the attorney whose name appears on the writ, or who acts fur the Crown in the cause,
and
30° VICTOBI14E, No. 7,
.
Supreme Court Procedure Act.-1866.
and shall plead to the information, and Be subject to all the like rules of pleading and practice in respect thereof as if he had been originally named a defendant in the writ.
31. The Court or a Judge may strike out or confine appearances and defences set
up by persons not taking the profit of the land, &C., by themselves or their tenants.
32, -In case no appearance shall be entered within the time appointed, or if an appearance be entered, but the defenre be limited to part only, the Crown shall be a t liberty to proceed with respect to the undefendsd part of the claim, and may sign judgment and issue execution for the removal of the defendant from the land, or the part whercof to which the defence does not apply, as mentioned in rule No. 5.
33. The fdct of intrusion by the defendant shall not be a t issue between tlie parties on the trial, and in cases in which the defendant may plead the general issue, under the provisions of the Statute 21 Jac. I., c. 1-1, a plea denying the right of the actual possession of the land and premises chimed to be in the Crown shall (except as to the putting In issuc thc fact of the intruuien) have the like force and effect as
a plea of the general issue would have had in the like case in the Court of Exche-
quer in England hefora the rules of the Court of Exchequer in England, revenue

side, of the 24th VictorL~

came into operation.

34. If the defendant does not appear at the trial of the caucc, the defendant shall be taken to have admitted the Crown's title and the fact of the intrusion, and thc verdict shall be entered for the Crown without producing any evidence, and the Crotvn shall have judgment for costs of suit.

35. The judgment for the Crown in cases of intrusion for the removal of persons intruding shall be a judgment of antovens and capiaturprojine, if a fine be eought to
be recovered.
36. I n case of judgment by default in intrusion, for the removal of persons intruding, either for non-appearance or for want of pleading, no costs are to be a110 wed.

Intrusion far Recovery of

Pro$ts or Damages.

3'1. In proceeding by writ of subpccna for intrusion on the Queen's possessions and taking profits, or for damages, the. writ shall be directed to the persona intruding by name, and may be in form 3, Gchedulc A,

38. To an information of intrusion for taking profits, or for damages, the defendant may plead the gencrd issue of nor& intrusit, or not guilty, subject to the provisions of the Statute 21 Jac. I., c. 14, as limited by this Act, and the judgment by default will be interlocutory, subject to the provisions of rule 91; the final judgment for the Crown will be in either case that the Crown do recover damages and costs, with a capiatur pro j n e if necessary.

Serving a Corporate Body,

39. The service of a writ of subp~nn

ad respondendurn or scbe facias, issued from

the revenue side of thia Court against a Corporation aggregate, may be served in like manner as a writ of summons issued against a Corporation aggregate, under the

judgment may take place thercon as against any other party.

15th section of the Common Law Proccdure Act, 1853, and the like proceedings to

Infornzaiiuns,

40. I n all cases the information \rtren filed is to be on parchment, and (if not filed before) is to be filed when judgment is signed, and on the information is to be endorsed the day the process issued applicable to such information by the ltttornty filing the same; but in any case if judgment be entered for the defendant, and the information be not filed, the copy delivered to the defendant may be filed in lieu of the original information.
41. All informations shall be delivered or filed, as the caBe may be, within twelve calendar months after the service or execution of the process for the purpose for which the same iseued, and, if not, the Crown shall, unless otherwise ordered by thc Court or a Judge, be deemed out of Cuurt; but i n any rase where a defendant shall be in custody, either on capias or attachment, for not appearing, the information, if not filed and service thereof made within six weeks after defendant shall have been arremted, otherwise defendant shall be at liberty to apply to a Judge for his discharge, but notice of such application must be given to the solicitor of the department
issuing the writ.
Scire Eirciua.
The proceedings by scire;facias may be thus:
42. The writ QF .wire facias may be in forms 5, 6, 7, 8, or 9, in Schedule A, as the
case
30" VICTORIB, No. 7'.
case mi\y be, and shall be in force six calendar months Froin the date thereof, but may be renewed as in cases of s z d p u n ad rcspondendwtz. The service thereof, where practicable, shall be personal, but the order of a Judgc may bc obtained under special circumstances on affidavit to dispense with personal service, and to proceed
r.s on the conimon law side of the Court upon writ of summons.
43, The appearance to be entered in fourteen days from the day of service, inclu-
sive of the day of service.
44. If defendant appears to mrif of scire facias in due time, he must plead thereto within fourteen days after appearance entered, otherwise judgn~ent.
45. If defendant does not appear according to the exigency of the writ on filing
the said writ, and an affidavit of service or the order of the Judge to proc.ed, judg-
ment may be signed and exccution isuued in fourtecn days from the s i ~ n i n g such
judgment.
46. The defendant map appear a t any time before judgment actually signed, but
if he does so after the ordinary tirnc for appearance, he or his attorney, in case he
appears by attorney, must in such cases give noticc: to the attorney issuing the writ that he has done so, and plead to the writ within four days from the date of his appearance.

47. The scire$cins	in all cases is to be filed before judgment signed.
Exttwts (other thart those ota Rstreats).

48. Thc obtaining of the writ of extent, or rEie~.c~a_u_sjt~xtrernzcnt,

in any case shall

be the same as was in przctice in the Court of Exchequer in England before the said rules of 24 Victoria, subject to rule No. 1, but when an extent or &em clrizw't ex- tremunz is returned i n t i t h e office to be filed, eight days after the same has been filed, if the return has expired, if not within e i ~ h t days after the same shall have

expired the Crown, without giving a rule to

c l a ~ m, may proceed

t:,

realize the pro-

perty men~ioncd in the inquisition, or recover any debt, or apply foi ail order for sale of any real estate mentioned therein, or for an orcler to have paid to the Crown any money mentioned in the return; hut if any debt is returned as owing to the Crown's d e b ~ o r, and there is danger of its being lost, an extent, on an afliclavit and fiat, may immediately issue for its recovery, waiting such eight days.
49. Where claim is entered to any property real or personal, or clebta seizcrl under
a writ of extent or diem clausit extremzon, or money mentioned in the re twn, notice
shall be given by the claimant or his attorney to the attorney prosecuting the extent,
and sxch claimant or his attorney may obtain :l copy of the extent or ddctn clausit

extremum, and inquisition, at the office ( ~ ~ h i c h

copy may coinmencc ns in form 1,

Schedule C), and the attorney prosecuting the extent may, on such claim being entered, serve a notice requiring the defendant to plead in fourtcen days from the service thereof, otherwise judgment. If time should be required for pleading, the same may be granted by order of a Judge.
50. The pleadings in such cases are to be delivered as in other cases,

Jfii ts

Appraiseme~zt, Recoaerz'es, and W r i t s of

.&liver?/,

also Claims U?& Itdcntw?se.s.

51. After the execution of any writ of appraisement, ale attolney acting in the matter for the Crown is to file the same in the Supreme Court office, with an inclen- ture annexed tliereto, togethcr w i h a n information of seizure, which is to be prcparcd by such attorney; and if no claim be entercd for eight days after the same shall bc filed, if the return of the writ of appraisement has expired (if not eight days aftcr the return has expired) a judgment of recovery may be entered, and a writ of delivery issue-for the disposal of the property mentioned in the indenture, without any rule J t o claim.
52. Should a claim be entered, the same shall be entered at the Supreme Court office, on leuving a prcec&e for that purpose; the claimant shall have, eight days after entering such claim, to make the affidavit of property and enter into a recog- nizance for costs (which racognizance shall be on parchment), the sureties to which shall be subject to the approval of the attorney acting in the mattw for the Crown, and thc parties to s5ch recognizance shall be the claitnant (or his attorney), together with the sureties so approved of. After such claim ~ h a l 1 have been entered, affidavit made, and recognizance, where necessary, fifed, a copy of the information For the recovery of t h e property shall be d e l i ~ erad to the claimant or his attorney, with a no- tice endorsed thereon or annexed thrleto, requiring him to plead in- fourteen days, otherwise jadgment. If claimant pleads, tlie like proceedings shall take place as

in other information$.

T h e writ of appraisment, indenture, and proclamations need

not form part of the record of nisiprius.

If, aftcr the claim entercd, no affidavit of

property

30TICTORIB, No. 7.
Supreme Court Procedwe Act.-- 1 866.
property shah hove hcen made, or* recognizance where necessary, filed within the period above-named, judgment may be signed as though there had been no claim entered.
53. The affidavit of property is to be prepared in the office and copicd on the indenture but the recognizance is to be prepared by the attorney of claimant.
Transcript of Escheats and Outlazuries,
54. Eight days after the filing of the transcript of any writ of escheat or capias utZngatum, with the inquisition annexed, if the return of such writ has expired, if not eight days after such return the Crnwn or prosecutor, as the case T a y be, shall be a t liberty to realize the value of the goods and chattels, or to issue a writ of Zecari facius to levy the rents, or a writ of scire facias for the recovery of any debt, or such other writ as may be applicable to the premises mentioned i n such transcript, but such transcript need not be enrol!ed in case of outlawries. The practice, as to petitioning the Governor to authorize the Attorney-General to consent that the money received by the Sheriff, or other officer or person, under any writ where the same exceeds fifty pounds may be paid to the prosecutor, and the application to the Court or a Judge for that purpose shall be as i n the like case in the Court of Exchequer before the said rules of 24 Victoria came into operation.
55. When a claim shall be cntered to any property seized under a writ of escheat or capias utlagutztm, and the transcript is filed in the Iiakter's office, the claimant or his atforncy is to give notice to the Crown Solicitor, or to the attorney for prosecutor, of such chin> being entered, anrl thereupon the claimant or his attorney may obtain from the office a copy of the transcript, or so much thereof as shall be necessary, and which copy may cornmencc In form 2 in the Schcdule C, hereunto annexed; and upon such claim being entered, the Crown Solicitor, or attorney for the prosecutor, may deliver to the defendant (claimant) or his attorney a notice requiring him to plead in fourteen days from the scrvice of such notice, otherwise judgment, but if time to plead be required the same may be granted by order of a Judge.
56. Subsequent jdeadings to bc delivered as in other cases,
Time for Pleadings, pc.
57. The plea and subsequent pleaclings in all cases are to be delircrcd between the respective parties.
58. Unless crdercd by the Court or a Judge the time for pleading shall be fourteen days from the service of the notice b p l e a d, and a notice requiring the defendant to plead in fourtecn days, athermiqe judgment, may be endorsed on the information or other procercling rclquircd to be pleaded to or delivcrcd separately, and the time for replying and plwding all subsequent pleadings shall be fourteen days from the ser- vice of the notice to reply, &c,, anrl s like notice to that effect may be endorsed on the pleading or delivered separately, but time may be obtained by order of a Judge. On default after such notice judgment may be signed.

59. If the opposite party doth not appear on a summons for time, and consent to

or oppose thc summcjns, the party appljing for time may obtain a subsequent rule or rules, for any time not exceeding three weeks on each rule, from the Supreme Court office, to be dated the day it is issued, and such rule inay from time to time be issued to either party, unlcss a two d q s ' notice is givcn to the opposite party that the application for furthcr time is objected to, and in such case the application for further timc must Le made tu the Court or a Judge.
GO. The pleadings and proceedings in revenue may be had and talrcn throughout the yeor, without reference to any seal day: Provided that in all case8 in which any particular number of d a y, not expressed to be clear days, is prescribed by the rules or practice of the Court, the same shall be reckoned exclusively of the first day and inclusively of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, Good Friday, or a day appointed for a public fast or thanksgiving, in which case the time shall be reckoned exclusively of that day also.
61. The days between.Thursday nrv t bcforo and the Wednesday nes t after Easter

Day and

Ch~is tmas

Day, and the three following days, fihall not be reckoned or

included in any rules, notices, or other proceeding&, except notices of trial. Infor- mations map be delivered c r served on any day except Sundays, Christmas Day, Good Friday, or any day appointed for public fast or thanksgiving.
62. I n case the tirrle for pleading to any information, or for answering any plead- ings, &all not have expired before the first day of December in any year, the party called upon to plead, reply, &C., ehall h a w the same number of days for thtit purpose after the fourth day of February in the next year, as ho had on the first day of
December-
30" VICTORIB, No. 7.

Ehpreme Court Procedzrw Act.-1 866.

December. This rulc is not to apply when a defendant is in gaol under a cnpias
for penalties, or under an attachment, and is afterwards served with copy of infor-
mation.

63. Evcry information and other plezding shall be entitled,

In the Supreme

Court," and the day of the month ~ n d year when the same was filed or delivered, as the case may be, and shall bear no other time or date; and every information and other pleading shnll also be entered on the record made up for trial (and on the judgment roll if neceseary), under the dnte of the day, month, and year when the same respectively took place, and without reference to any other time or date, unless otherwise ordered by the Court or a Judge.
64. In cases of claim under extent, or transcript of escheat, or outlawry, or appoar- ance to scire facias, the proceedings may conlmence in the words set forth in the Schedule C, forms 1, 2, and 3, hereto annexed, under thcir respective heads, or as near thereto as may be.
65. No entry of continuances by way of imparlance, curin adcisnre vult, vicecomda non nzisit breve, or,othermise, shall be made upon any rccord or roll whatever, or in the pleadings.
G G. If no proceeding has been had for one pear from the last proceeding had, the

party who desires to proceed shall give a ca lendn rn~n t~h ' s

notice to the other

of his intention to proceed.

A summons of a Judge, if no order be made there-

upon, shall not be deemed a proceeding within this rule. A rule for time to plead, &C., and a notice of trial, although afterwards countermanded, shall be deemed a yro- ceeding.
Recognixnnres.
6'7. All recopnizanccs, if taken and ack~iowledged in town, are to be taken and acknowledged .before a Judge; and, if rccognizancc bc taken and acknowledged in the country, the same may be taken and ackno\rledged before a comn~issioner for taking special bail in the Supreme Court, and in the latter case an affidavit of caption must be made and filed.
68. So commission in future need issue for taking recognizance or bail in the

country:

Provided that, where necessary, in the case of a bond given by a public

officer, such commission may issue.
69. Whcre a recognizance is ordcred by tile Privy Council to be entered into, the

same, after the acknowlcdgrnent thereof, is to be filcd in the Supreme Court Office,

and thereupon the Master is to grant a certificate of such recognizance being filcd.

70. No enrolment of any recognizances shall be necessary; but the same are to be filed in the office.
71. All recognizances and bails are to be prepared on parchment by the respective

parties entering into thc same, excepting when, in the case of a bond by a public

officer, the Master shall be directed by the Attorney-Gcncral to prepare the same.

[For forms of recognizances see Schedule C, forms 12 and 13,]

I s s u e.

'12. No copy issue need be delivered, and the record of Nisi Pr ius in all cases is

to be made up and c n t e r d with Associate by the Sol~citor	of the Crown, but need
not be sealed.

[See forms of Nisi Prius records, Schedule C, forms 1, 2, 3, and 4.1
Notice qf li-ial and Countetwaund.
73, The notice of trials sliall be ten days in all cases, and countcnnaizd of notice
of trial, four clays before the time mentioned in the notice of trial, unless short
notice of trial has been given, whcn two da js shall be sufficient. [The Associate in
all cases at A'iki Prizis is to take tlie verdict.-]
Jttry Procesa, Juries, and Vieto.

1852, together with the ~ u l e s 44 to 49, both inclusirc, of Ililary Term, 1653, where

74. That sections 104 to 115, both inclusive, of the Common Law Procedure ~y t,

applicable, shall extend and be adapted and applied to suits on the revenue side o f
the Court.

As to admission of

Documents.

76, The several provisions and enactment5 of sections 97, 98, and 99 of the Common Law Procedure Act, 1853, together with the rules relating thereto msde under such Act, shnll, ao f ~ r aa they may be applicable, extend and apply to cases Qn the revenue side of the Court,
?G. No
30" VICTORIX, No. "l.
Supreme Cmrt P?vcedur.e Act.--1866.

76. No subpccna for the production of an original record s11all be issued nnless a rule of Court or orrlcr uf a J n d p shall bc p~oclucc~d to the officer issuing the same, and filed with him, and unless tho writ shall be made conformable to the description of the document in such rule or order.
7'7. All depositions of witnesses taken under the order of a fudge, rule of Court,
or writ of commission, shall be returned to and filed in the Supreme Court Office.

JVithd?.nzml of

Plea and Confessiotz.

'78. A defendant may, a t any time before trial, withdraw his plea, by delivering such withdrawal to the solicitor for thc Crown, after which the Crown may imme- diately enter judgment and issue process thereupon. When the Crown signs judgment, in addition to filing the information, the withdrawal of the plez must also
be filed.

79. Where defendant confesses the information or scire fucius,

such confession, as

well as the ipformation or scirefucias, is to be filed at the time of signing judgment.
Costs.
80. One day's notice of taxing costs, togctller with a copy of the bill of costs and affidavit of increase (if any), shall be given to the solicitor for the Crown, or attorvcy of the party whose costs are to be taxed by the other party, or his attorney, in all cases where a notice to tax is necessary.
81. -One appointment only shall be deemed necessary fur proceeding in taxation of costs.
82. Xotice of taxing costs shall not be necessary in any case where the defendant has not appeared in person or by attorney.
83. The costs of the day, for not proceeding to trial, may be obtained by a aide
bar rule, on afFidavit.
84. MThen issues in law and fact are raised, the costs of the several issues, both in law and fact, will follow the judgment or finding; and if the party entitled to the general crsts of the cnusc obtains ct verdict on any tnatelinl issue, he will also be entitled to the general costs of the t ~ i a l; but, if no material issue in fact be found for the party otherwise entitlcd to the general coets of the cause, the costs of the trial shall be alIowed to the opposite party.
85. On all rules or ortlcrs of the Court a r Judge where costs are directcd to be
paid to the Crown, a certificate shall be granted by the Master of the costs allowed, and, on default of payment, the solicitor for the Crown may sue out a subpcena for the payment of such costs, and on affidavit of service thereof, and demand made,

and on pay~nknt,

a fiat for an attachment may be granted.

Judgments.

BG.

Judgments may be ~ i g n e d

either in term or vacation, and shall be entcred of

the day, month, and year (whether in term or vacation) when signed, and shall not
have relation to any other day ; but i t shall be competent for the Court or Judge to order a judgment to be entered 1221nc pro lunc.
87. All judgments after trials a t Nisa Prius or a t bar may be signed and execution issued thereon in fourteen days, and in cases of c1,tim such writ or order as may be applicable may also ifsue in the like period, unless the Judge or Court who tried the ca lm, or sotne other Judge or the Court shall order esecution to issue against the defendant, or, in case of claim, such writ or order as aforesaid, at an earlier or later periud, with or without tefms.

88. I t shall not be necessary before issuing execution on any judgment whatever to enter the proceedings on roll, but a judgment, adapted to the particular case (according to the form in Schcdule B), is to be filed on parchment in the Supreme Court Office by the party entitled to the same, and shortly entered in the Judgment Book, except in cases where the Judgment Roll is required by the party, or ordered
bpa Juclge to he carried in, when a complete copy of the proceedings must be filed
in the Supreme Court Office, for tlic purpose of being enrolled therein, and the same
shall be enrolled by the proper officer.
89. On default of pleading after appearance, judgment may be signed and ese-
cution issue forthwith.
90. In cases of appeal, where tile proceedings ale to be enrolled, the copy of such
proceedings &all be filed a t the Supreme Court Office by the party appearing, within six days after delivering to the Master the memorandum alleging that there is error.
[For introductory words of a judgment after verdict, when the roll is carried in,

eee form 5, Schedule C.]

vrrit

30" VICTOBIiB, No. 7.
-
Supreme Court Procedwe Act-1 866. -
-

Writ of

Inquiry it8 respect of profits or udiguidated damages.

91. When the claim of the Crown is in respect of profits or unliquidated damages, and the Crown is entitled to sign judgment by default either of non-appearance or otherwise, thc judgment (except as hereinafter mentioned) shall be interlocutory, and thereupon a writ of inquiry, in form No. 13, Schedule A, may issue to assess the profits or damages, as on the Common Law side of the Court, and ten clays' notice of inquiry shall be given to the defendant's attorney (if he has appeared by attorney) or to the defendant if otherwise, but final judgment shall not be signed until four days after the writ of inquiry and inquisition has been filed, if the return of the writ is passed, if not, four days after such return shall have taken place; ?rovided, that in such cases where the Crown elect to apply to the Court to impose a fine the judg-

ment may be final as heretofore.

JVrit of Execution,
92. Upon any judgment in intrusion for the removal of persons intruding on the '-
Queen's possession of lands or premises, and for costs, there may be either one writ or separate writs of execution for such removal and for the costs a t the election of the Attorney-General, and the form of the writ or writs for such purposes may be in form 10 in Schedule A, hereto annexed.
93. No writ of execution shall be issued until judgment has been signed.
$4, Every writ of execution for the recovery of any debt, penalty, or aum of money
shall bc cndorsed with a direction to the Sheriff, or other officer or person to whom the writ is directed, to levy only the moncy really due and payable and songht to be recovered under the j udgrnent.
95. After judgment for the Crown upon any claim, a writ of execution rnay issue for costs in addition to the writ applicabIe to the property relating to such claim.
Proceeditzgs on Appeal.
96. Either party, alleging error in law, may deliver to thc Master a nwriol-an- duln in writing, in the form contained in the Schedule (C) to thew rules annesed, (form 6) or to the like effect, entitled I n the Suprerne Court and Suit," and signed by the psrty or his attorney, alleging that there i s error in law in the record and proceedings, whereupon the Master shall file such mernorandnm and deliver to the party lodging the sarnd a note of the receipt thereof, and a copy of such note, to- gether with a statement of the grounds of error intended to be argued, may be served on the solicitor of the clepartrmnt or attorney in the cause, as the case may be. Proceechgs in appeal shall be deemed a supersedeens of execution from the time of the service of the copy of such writ, together with the statement of the grounds of error intended to be argued, until default in putting in bail, or an aarmance of the judgment, or discontinuance of the proceedings in appeal, or until the proceedings appealed shall be otherwise iisposed of without n reversal of the judgment: Provided always, that if the ground of appeal shall appear to be frivolous, the Court or a Judge

upon summons, may order execution to issue.

97, Upon any judgment horeafter to be given for the Cxown on the Revenue side of the Court in any suit including intrusion, except on special verdict, special case, or bill of exceptions, execution shall not be stayed or delayed in error, or supersedeas thereupon, without the special order of the Court, o r m a Judge, or consent cjf At- torney-General, unless the person in whose name snch proceedings in error be brought be bound by two, or by leave of the Cmr t or a Judge, more than two suf- ficient sureties, shall within four clear days after lodging the memorandurn alleging error, or after the signing of the judgment, whichever shall last happen, or before execution issued, bc bound unto Her Majesty her heirs and successors by recog- nizance of bail, to be acl<nowledged in this Court, in double the sum adjudged to Ire recovered by the said judgment (except in case of a penalty in double the sum really due and double the costs, and in cases of intrusion double the yearly value of the property and double the costs recovered by the judgment) to prosecute the pro- ceedings in error with effect, and also to satisfy and pay (if the said judgment be affirmed, or the proceedings in error be discoutinued by the plaintiff therein) all and singular the m m or sums of money and costs adjudged or to be adjudged upon the former judgment, and all costs and damages to be also awarded for the delaying of execution: Provided always, that the Court 0.r a Judge may direct any other form of secnrity to be given and to such amount as may seem to the Court or a Judge suf- ficient, or may order money to be paid into Court in such manner and to auch amout as may be deemed sufficient.
9s. The

30"VICTORIB,

No, '7.

Szlpreme Court Procedure Act.-1 866.
98. The assignment of and joinder in appeal shall not be necessary 01: used, an4 instead thereof a suggestion to the effect that error is alleged by the one party and denied by the other may be entered on the judgment roll in the form contained in Schedule C to these rules annexed (form 17) or to the likc effect.
99. The roll shall be made up and the suggcvtion last aforesaid entered by the party appealing within ten days after the service of the note of the receipt of the memorandum alleging error, or within such other time as the Court or a Judge may order; and, in default of such suggestion, the respondent shall be at liberty to sign judgment of non pros.
100. The law and practicc with rcgard to proceedings in error on the common lam side of the Supreme Court shall extend to and be applied to cases on the revenue side of the Supreme Court when applicable.
101. Either party alleging crror in fact, Inay deliver to the Master a memorandum in writing, in the form contained in Schedule C to these rules annexed, (form 8) or to the like effect, incituled " In the Supreme Court and Suit," and signed by the party or his attorncy, alleging that there is error in fact in the proceedings, together with an affidavit of the matter of fact in which the alleged error consists; whereupon the Master shall file such mehorandum and affidavit and deliver to the party lodging the same a note of the receipt thcreof; and a copy of such note and affidavit may be scrved on the opposite party or his attorney; and such service shall have the same effect, and the same proceedings may be had thereafter as heretofore had, after the service of the rule for allowancc of a writ of error in fact.
102. The several enactments and provisoes contained in the Common Law Pro- cedure Act, 1853, shall, so far as the same are applicable, extend and be applied to like proceedings in crror on the rcvcnuc side of the Court.
103. The sureties in cases of bail on appeal are to be approved of by the Crown Solicitor or solicitor acting for the Cromn, in like manner as on a capias, but if the bail-piece cannot bc completed i n four days, as mentioned in rule 97, further time may be applied for to a Judge.

104. The proceedings on appeal to thc Court of Appeals shall beregulated by the rules of that Court, except when otherwise provided by these rules.

105. All claims under extents, &em clausit extremum, indcntcires of appraisement, or transcript of writs and inquisitions, shall be entered on the respective records, and also in the claim book. If part only of property be claimed, the unclaimed part thereof may be dealt with in the same manner as if there had been no claim.
106. Claim may be entered at any time before process issued or order obtahed for rcalizing the property returned into Court.
ATew Trials.

107. I n every rule &si

for a new trial, or to enter a verdict or nonsuit, the grounds

upon which such rule shall have been granted shall be shortly stated therein.

%	108. If a new trial bc granted without any mention of costs in the rule, the costs

of the first trial sball not be allowed to the successful party, though he succeed on
the second.
Plecctlz'ng to Estreated Recognizunces.
109. When application is to be made to the Court or a Judge, by any party seeking to be relieved from his estrented recognizance, the same may be made to the Court or a Judge, or by motion, founded on a comtat of st~ch cstreat, to be obtained from the office, and supported by such affidavits as the party may deem necessary.
A copy of the petition, or notice of the motion, must be scrved on the Crown Solicitor
four days before the hearing of the same.
110. If a party to an estreated recognizance intends to plead thereto, he muet obtain a constat of the recognizance at the office, and enter an appearance thereto, and plead to such estreat within fourteen days from the day of entering the appearance, and deliver such plea to the Crown Solicitor, and the proceedings may be carried on a8 in other cases.

Execution of

Estreats,

111. In cases of process issuing for the recovery of any fines, issues, amercement% penalties, and recognizances estreated, the writ to be first used may be sst out in
Form 11, Schedule A, but a writ in a form similar to the long .vvrit in use in like

case!

30" VICTORXr9E, No. 7.

Supemme Court Procedure Act.--1

866.

cases in the Court of Exchequer in England may be issued wben necesgary or
required as a second or subsequent writ,

R d c s to t4eturfi Writ or bring in

the Body.

112. The rulcs of the Supreme Court in force for the time being in its eommon law ju~isdiclion, a4 to returning writs or bringing in the body, &C., where appli- cable, shall extend to, be adapted, and applied to the revenue side of the Court.
Rules and Orders.
113. Write calling upon a party to perform a rule or order shall not be necessary or used to bring such party into contcrnpt, but the serving of a copy of the rule or order, under the seal of the Court, or the copy of an office copy of such rule or order, shall be sufficient to ground an application for an attachment or other writ, as the case may be.
114. No rule to appear, plead, deliver subsequent pleadings, claim, or for concilium
or judgment shall be necessary.
115. I t shall not be necessary to the regular service of a rule or order that the original or office copy thereof should be shown unless sight thereof be demanded, except in cases of attxchment.
116. Service of pleadings, notices, summonses, orders, rules, and other proceedings shall be made before six o'clock p.m. If made after that hour the scrvice shall be deemed as made on the following day; but on Saturday the scrvice must be made before one o'clock p.rn., or otherwise to be deemed as made on Monday.
11'1. Every affidavit in any suit or proceeding on the revenue side of the Court shall be drawn u p in the first person, and shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and, as near as may be, shall be confined to a distinct portion of tho subject. No contv shall be allowed for any affidavit or part of an affidavit substantially departing from this rule.
118. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be made use of in Court or before the Master, unless by leave af the Court or a Judge,

119. No rnle which the Court has

upon the foundation of any affidavit

shall be of any force unless such affidavit shall have been actually made before such
rule was moved for, and produced in Court at the time of making the motion.
120. All affidavits in revenue matters used before a Judge out of Court shall be filed with the Master, and such affidavits shall forthwith bc delivered to the Master
in order to be filed.

121. No party shalrbe required to take an office copy of his own affidavit, or be

permitted to inspect or take an office copy of aEy affidavit for a cnpias to hold to

bail, except by order of the Court or a Judge.

Satis

faction Warrant and Nolli Prosequi.

128. The form of the satisfaction warrant may be in Form 9, Schedule C, i n the Sch~dule bercto annexed, or as near thereto as the case may admit of; the same shall be engrossed on parchment, and endorsed by the solicitor for the Crown in the cause, afterwards signed by the Attorney-General, and then filed in the Supreme Court Office. The ?tolle prorcyui may be in Form 14, Schedule C! ; the same must be cngrossed on parchment, and, after being signed by the Attorney-General, filed in the Supreme Court Office.

?Vn~rants

Nisi Prius a ~ l d Tales,

123. The record of N i s i Prius may be made up without any warrant of nisi prz'ua
being obtained, and tales may be prayed on behalf of the Crown without any
warrant for that purpose.
Trials at Bar,
124. Where any trial at bar is to take place, in addition to the respective plead- ings being delivered between the parties, each party is to fils a copy of his pleadings at the Supreme Court Office, for the purpose of being enrolled. The trial is to take place on the roll.

ExemplijEcalion of

Records.

125. Any matter required to be exemplified shall be enrolled in the Supreme Court
Office, nnd the exemplification prepared therein.
P&ymmt
30" VICTORIB, No. 7.
Supreme Court Procedzare Act.-1 866.

Payment of

.iioney into Court.

123. The party wishing to pay money into Court, either under Act of Parliament,
or hp order of Court or a Judge, must apply a t the office of the Supreme Court for a
" Direction" to do so, which dircctiou mast be taken to t,he Bank named therein, and
the money there paid in; after paymenz, the receipt obtained from the Rank must be
filed a t the Supreme Court Office.
127. If the money is to be invested, paid out, or otherwise disposed of, an order
of the Court or a Judge must be obtained for that purpose upon notice to the opposite
party.

128. The orders relating to the above matters are to be drawn up in the Supreme Court Office.

b *

Settilty dotun Special Verdicts, Petitions, Demurrers, &C., for argzmertt before the
Couvk
129. All special verdicts, specinl cases, demurrers, and petitions shall be set down

for argument at the Supreme Court Office four clear days before the day on which

the same are to be argued, and notice given forthwith to the other party.

130. Four clear days before the day of argument, two copies of the special verdict, demurrer, or petition with the points to he insisted on, ale to be delivered by the Crown Solicitor qr other attorney to thc Chief Jusiice and Second Judge of the Court, and one other copy of such document is to be delivered by the opposite party to the Third Judge; and in default thereof by either pnrty, the other party may on the day following deliver such copies a* ought to h a w been so delivered by the party making default, and the Cburt may make such order as to the hearing such argument, and as to the costs or otherwise, as they may think fit.
131. When there shall be a demurrer t o part only of the information (or pleading) or other subsequent pleadings, those parts only of the information (or pleading) and pleadings to which such demurrer relates shall be copied into. the demurrer books.
Miscellaneous.
132, On every appointment made by the Master, the pnrty on whom the same shall be served shall attend without waiting for a second appointment, or in default thereof the Master may proceed ex parte on the first appointment.
133. All writs shall conclude with the date of the day, month, and year, without any concluding words.
134. Excepting where a t variance with these rules, or otherwise directed by the Court or a Judge, the course of practice in like cause in the Court of Exchequor in Enpland shall be pursued.
135. These rules s h d l not be deemed to apply to suits in Ewity.
136. Where any deed or other instrument is directed by statute to be enrolled in
the Supreme Court, the same may be enrolled without obtaining a fiat for that pur- pose, and shall be enrolled of the day, month, and year when the same was delivered a t the Master's office, with such introductory words as may be necessary.

137. With reepect to any matter or proceeding pending when these rules come into operation, these rules may (so far as they are applicable to any step or proceed-

ing to be thereafter taken) be adopted and applied accordingly.

FORMS oI?

PROCEEDINGS, &c.

The forms contained in the following Schedules may be used in the cases to which
they are applicable, with ~ u c h alterations as the nature of the ~ u i t, the
character of the parties, or the circumstances of the case map render neces-

.	sary; but any variation therefrom, not being in matter of substance, shell not affect their validity or regularity:-

SCHEDULE

Form No. l .--Form of

Su6pmna.

Victoria, by the Cfrace of God, of the United Kingdom of Great Britain and Ire- land, Queen, Defender of the Faith, to greeting: W e command you and etrictly enjoin you that, within fourteen days from the service of this writ, in- clusive of the day of such service, you cause an appearance to be entered for you in the Snpreme Court of our Province of South Australia, to answer us concerning cer-
tain articles then and there on our behalf to be objected against you; and take notice
that, in default of your so doing, we shall proceed thereon to judgment and execu-
tion. Witness, &c.

At the mit of Her Majesty's

(or, ar the case may be).

BY

c	30° VICTORIlE, No, 7.

&upreme Court Procedure Act.-1866.
By Information.
This writ is issued by A. B., Crown Solicitor (or, as the case may be)
Lif for penalties]

for the forfeiture by you of &

for penalties under the Statutes relating 20 the

revenue of Cuvtoms (excise, atamps, taxes, gc., or, as the case may be f,
[or, if for duties or a debt]

for the reco~~ery

of S

for duties due from you under the Statutes relating

/&, as befcrre; or, state shortly the nature of the debt).
Take notice that, in default of your entering an appearance in our Supreme Court according to the exigency of this writ, an information may be filed and judg- ment signed thereon, and execution issued on such judgment, together with costs a t the expiration of fourteenbays from the date of signing such judgment.

Form PO,

2.-Form

of 8ubpelaa;fnr intrzc~bnfor

dhe removal of persons intrudi~rg.

Victoria, by the Grace of God, of the United Kingdam of Great Britain and Ireland, Quee$ Defender of the Faith, to and all persons entitled to defend thc possession of the property described in the endorsement on this writ, greeting: We command and strictly enjoin you that, within fourteen days from the service of this writ, inclusive of the day of such service, you cause an appearance to bc entered for you in our Supreme Court, a t Adalaide, to answer us concerning certain articles then and thcre on our behalf to bc objected against you, and to defend yourself from being removed from the property described in thc endorsement of this writ; and take notice that, in default of your so doing, we shall proceed thereon to judgment and execution.

[If costs taxed, proceed thus1

and that Her Majesty do recovcr against the siiirl A. B. the silm of E	for Her
JGijesty's costs of suit

[If verdict for claimants, as above to asterisk (S), then proceed thus]
And whcrcas, on the day of, $.D. 18, on s, verdict of the country, the said
(goods) were found not to have been forfeited, the.refore it is considered that the said

(yoorls, or as the case may be) be delivered to thc said A. B.

or t o his assigns.

11 costs taxed, proceed]

and that the said A. 13. do recover from the Crown the sum of £	for his costs of
defence.

F o r m of

Judgment .for zua~zt of plea or 'other ylmcl2:rzgs, or nfler v~erclict or upo?~

dewurm-, to ex ted o r diem clousit extrcmutn.

The

day of

in the year of our Lord 18

to wit.

On the day and year above written, a writ of extent (or d i m clausil

extrentum) issued forth of this Court, directed to

against A. B., for the recovery

of the sum of S

for / a s the case may be) ;

and whereas, by an inquisition taken

by virtue of

the said writ by

, and filed in this Court, the said A. B. was found

posscssed

of ( ? w e set out t h e p r o p v t y s l~or l l y

which is claimell); and whereas, on the

clay of

A.D. 118

, claim was entered by

C. D., of

, by E. F., his

attorney, to (the property clniprart l~); ant1 whereas, default wes made by the said
C. U,, in pleading to the said writ, therefore it is considered that the mid (the pro-

perly clainled) do remain in Her Majesty's hands;

[If costs taxed]

and-that H e r Majesty c10 recorer against the said C. D. the sum of 2	for Her
Majesty's costs of suit.

[For not rejoining, as above to asterisk ($;),

then procccd thus]

And whereas, default was ruade in jo in ing in the clcn~ul.rer of Her ssid Majesty's

Attorney-General to the

of the said defendant; thcrcfore, &c. / a s hfors. )

[After tria6 3s above to asterisk (:':), then procced th~is]
And whereas, after issue hacl been joincd in th is cause, and on the trial thereof, on the day of, A D. 18, a vcrclict was found for IIer Majesty; therefore, &c.
(as before.)

[On argument of clemurr~r,

as above to asterisk

then proceed thus]

And whereas, on the

clay of

, A.D, 18

, upon argument of the demurrer

of the said

to the

of the said

the said demurrer was allowed (or overruled),

therefore, &c. (as ahocc.)

[On withdrawal of claim, as above to asterisk ("), then proceed thus]

And whereas, on the

day of

A. .

the said (AD. withdrew his claim

and plea to the property so claimed by him, therefore, &c. (us before.)
[If judgment for defendant, as before to asterisk ('X.), then proceed thus1
And whereas, aRer issue had bcen joined in this cause, and on the trial thereof, on the day of, A.D. 18 , a verdict was found for the said C.D.; therefore it

is considered that Her Majesty's handa be removed from the possession of the said

30" VICTORIB, No. 7.
Supreme Court Procedure Act.-1 866.
in the said inquisition mentioned, and that the same be restored to the said
C.D.
[If costs taxed, proceed thus1

And that the anid C.D.	do recover from the Crown the sum of S	for his costs of
suit.

[If on demurrer, as before to asterisk (S), then proceed thus]

And whereas, on the

day of

, A,D. l& , on the argument of the demurrer

of the said

the said demurrer was allowcd (or overrulerJ), therefore, &c. (as last

mentioned.)

Form of Judgnzent for Defe~zdant

on Reversal of Outlawry.

I n the Supreme Court, the

day of

;

in the year of our Lord 18

(the day

tmnscr$u wasjfibd), South Australia to wit. On the day and year above written was filed in the oiJice of this Court the transcript of a certain mrit of capim ullayatum

issued against A B. ,	of	,	and the inquisition taken thareunder by	.
Plea of Defendant.

And on the

day of

, A,D. 18

the said A B. appears by

his attorney,

and eaith that the said outlarvry is reversed, and for proof thereof brings into Court
the following certificate (or order; here set out the same).
Confission of Attorney- Generat.

And on the

day of

, A.D. 18

Esquire, Her Majesty's Attorney-

aeneral saith that on perusing the certificate of (or order of ), it sufficiently appears to him that what is contained in the said plca ie true, therefore he will not proceed any further in the premises for Her said Majesty against the said A.B: ; therefore i t is considered that Her Majesty's hands be removed from the said in

thc said inquisition inentioncd; and that he, the said A. B.,

be restored to the

possession thereof (and, if necessaq),

together with the rents, issues, and profits of

the same, which have not been answered to Her said Majesty. (At tile time ofJiling this judgment, the plea and cert$cate, or order, and confession of the Attorney- General,
mwt be$led.)
Ebrm of Judpnent for want o f Pleading, withdmwing Plea, or after Verdict or
Demurrer on Transcr@ of Outlaw~y.
In the Supreme Court.

The

day of

in the year of our Lord 18

(the day tralzscript toas

$led).

to wit.

On the day and year above wr3ten was filed in

the office of this Court the transcript of a certain mrit of capias utlagatum, issued against of, and the inquisition taken thereunder by the

Sheriff of

. And whereas, on the

day of

a claim was

entered by C. D., of

by E. F., his attorney, to (state shortly thepropert9

cltcinaed and set forth in the tratzscript).G And whereas default was made by the said

C. D., in pleading to the said transcript, therefore it is considered that the said (the

property claimed) do remain in Her Majesty's hands, and (f costs taxed) that Her

Majesty do recover from the said C. zD. S

for Ker Majesty's costs of suit.

[For not rejoining.

As before to asterisk (S), then proceed thus]

And whereas default was made by the said C, D. in rejoining to the replication of
Her Majesty's Attorney-General; thcreforc, &c. (as before).

[For not joining in demurrer.

As before to asterisk (*), then proceed thus]

And whereas default was made in joining in the demurrer of Her said Majesty's

torney-General I

to the

of the said defendant, therefore, &c. / #S

bffors)

[If

after trial.

A s before to asterisk (S),

then proceed thus]

And whereas, after issue had been joined in this cause, and o? the trial thereof, on
the day of, A.D, 18 , a vcrdict was found for Her Majesty; there*
fore, &c. (as before)

[On argument of demurrer.

As before to asterisk ( X ), then proceed thusf

And whereas, on the

day of

, A.D. 18

the said C. D. withdrew his

claim and plea to the property so claimed by him;

therefore, &c. (as befor?)

[If verdict for defendant,

As before to asteriak (*), then proceed thus]

And whereas, after issue had been joined in this cause, on the trial thereof, 6n the

day of

, A B. 18

a verdict was found for the said C. D., and that

the said C. D. do recover againit the Crown E

for his costs in this bchalf.

con
30" VICTORIB, No. 7.
$upreme Court Procedure Act.-l 866.

[On demurrer.

As before to asterisk (S), then proceed thus]

And whereas, on the

day of

, A.D. 18

, on the argument of demurrer

of the said

to the

of the said

the said demurrer

was allowed (or overruled); therefore, &c. (as above).
Form of Judgment o n rSpecin1 Cmz.
I n the Supreme Court.

The

day of

in the year of our Lord 18

(date of order).

(Title of suit or matter)

Whereas, by an order of His Honor Mr.

, dated the

day

of, A.D. 18 , it was ordered that (state the subslance of the order). And whereas, in pursuance of the said order, a case was stated between [the parties] which case was, on the day of, A.D. 18, filed in thc office of the

Supreme Court (zy error 6rozlght enrol special case, introducing these words, '' and

is to I A e eDct following") And afterwards, on the day of, A.D.

28 ,

the Court was of opinion that (state the substance of

the judgment); therefore

it is considered that, &c. (state the jud~met i f,

as in dher cases, according to the

judgment of the Court).

Form of Judgment by Default against one Defendatat, and another pleads to iseue, and

issuefou~zd

for the Crown.

I n the Supreme Court.

The

day of

in the year of our Lord 13

Teste of

Wr i t.

$outh Australia, to wit.

On the day and year abovz written a writ of subpaena

issued forth of this Court against A.B. and C.D., at the suit of Her Majesty's Attoiney-General, on behalf of Her Majesty, for (here slate shortly Jor what the writ is issued). And whereas, on the day of A.D. 18, the said A. B., by E. F., his attorney, entered an appearance to the said writ, and plcadcd to the

information, numbered

filed against him and the said C. D., on the

day

, A.D. 15

And whereas the said C. D. was, on the

day of

A.D. 18

, duly served with the aforesaid writ, but hath made default in appearing

thereto, and thereupon the said information, numbered, has been filed against him and the said A. B. in this Court. And by reason of the default of the said C. D., therefore it is consi2crcd that Her Majesty ought to rccowr against the said C. D. the several penalties in the said information mentioned; but, because it is unknown to the Court what penalties the said A, B. hath incurred, and because i t ia convenient that there be but one judgment for the penaltics in the said infor~liatim

mentioned, therefore let the giving of the same againfit the said C. D. be stayed

until the trial of the issue joined between Her Majesty's Attorney-General and the

said A. B.

And whereas, on the trial of the said issue so joined, on a verdict of

the country, on the day of , A.D. 18 , the said A. B. was found guilty of the several offences and each and every of them in the said information men- tioned; therefore i t is considered that the said A. B. and C. D. be convicted of the several offences in the said information mentioned, and that they do for their said offences forfeit the several sums of money in the mid information tnentioned, amounting together to the sum of .&, and that Her Majesty recover against the

A. B. and C. D. the said sum of f:

for Her Majesty's costa of suit, which said

sums in the whole amount to S

. [The above form may be adapted, with such

alterations as may be necessary, to meet the casea of duties or intrusion.]

Form of Judgmend of

Afirmance.

Where Judgmelat given for the Crown to he entered

on original Judgmerat-roll.
[To the end of the judgment on the roll in the suit, and then proceed thus]
Afterwards on (the day of lodging tire note oferror) the said defendant delivered to the Master of this Court a memorandum in writing alleging that there was error in
law in the record and proceedings aforesaid, atid afterwards on f the day of making the suggestion on the roll) the said defendant said that there was error in the record and proceedings aforesaid; and the said Attorney43enerd1, on behalf of Her said Majesty, said tbat there was no erIor therein, and thereupon afterwards on (the clay of giuingjtrdgmmt irr C02t9-t of Appeals), before the Court of Appeals, came the said
Atborney-
X

80" VICTORIB, No. 7.

Supreme Court Procedure Act.--1 866.
+4ttorney-General and thc said defendant, by his attorney aforesaid, and it appeared to the said Court, of Appeals* that there was no error in the record and proceedings aforesaid, or in giving the judgment aforesaid; therefore i t was considered by the said Court of Appeals that the judgment aforesaid be in all things affirmed and stand in full force and effect, the said causes above for error suggested [ o r assigned) in any- wise notwithstanding, and that Her Majesty do recover against the said defendant
2 by the said Court of Appeale, adjudged to Her said Majesty for costss which Her Majesty has sustained and expended by reason of the delay of execution of judgment aforesaid, on pretence of prosecution of the said proceedings in error, and that Her Majesty have execution thereof, &c. J and thereupon the record and pro- ceedings aforesaid, with the judgment aforesad, so affrmed by the said Court of Appeals as aforesaid, and the said judgment of that Courk were by the said Master duly brought back into the said Court here, in order that the said Court here might award such further proceedings as might be necessary upon the record aforesaid, and
upon the said judgments and proceedings so affirmed as aforesaid.

Form of Judgment of

Reversal, where Judgment originally given for the Crown.

[As in beforementioned form to asterisk (S), then proceed thus1
That there was manifest error in the record and proceedings aforesaid, and in kiving the judgmbnt aforesaid; therefore i t was considered by the said Court of Appeals that the judgment aforesaid, for the error aforesaid alleged, be reversed, annulled, and altogether holden for nought, and that the said defendant be restored to all bhings which he hath lost by occasion of the said judgment, &C., and that Her Majesty's Attorney-General, on behalf of Her Majesty, take nothing by his said writ, and that the said defendant do go therefore without day, &C., and that the said defendant do recoyer against the Crown S for his costa of defence, in this behalf by the said Court of Appeals adjudged to the said defendant, and thereupon the record and proceedings aforesaid. [Conclude as in previous form, but instead of

" affirm,"

say "reversed."

The above forms may be varied to m ~ e t

the case of dis-

qontinuance of appeal, ~yithdrawnl	of the same, non pros., or as the case may be.]
SCHEDULE C.

A r m No.

Copy of extent, &C., for claimant, Nisi Prius record roll, or paper book may com-
mence thus:

I n the Supreme Court, the

day of

in the year of our Lord, 18

The Teste of .Writ.

South Australia, to wit.

On the day and year above written a writ of our Lady

the Queen issued forth of this Court in these words (then copy writ, return, inpisition, schedules, &C.) [The foregoing or similar introductory words may be applied to any other writ requiring enrolment.]
Form No. 2.
Copy of transcript for claimant, nisiprius record roll, or paper book may commence
thus:

I n the Supreme Court, the

day of

in the year of our Lord, 18

The Teste of Writ.

South Australia, to wit.

On the day and year above written was filed in the office

of this Court the following transcript (here follows the transcript).
Form No, 3.

[Nisi

Pritcs Record on Scire Facins roll or paper book may commence thus]

- In the Supreme Court, the

day of

, in the year of our Lord, 18

The Teste of Writ.

South Australia to wit.

On the clay and year above-written a writ of our Lady

the Queen issued forth of this Court in these words, Victoria, &c,
%*h
30" VICTORIB, No. 7.

Supreme Court Procedure Act- 1866.

Form No. 4.-Form

of Nisi Prius Record on Infornzation.

In the

. The

day of

in the pear of our Lord, 18

(duts of

information.) Venue-Her Majeuty's Attorney-General on behalf of Her Majesty (as itt the infomation) sues A. B. by virtue of s writ of ( s u h p n a ) issued out of this

Court on the

day of

in the year of our Lord, 18

(date of writ) and

gives the Court to understand a d be informed that, &c. (Copy the information to the end, and all the pleadings, with their dates, writi4ag each plea or plecrditg in a separate purcgraph, as in the pleadings deiiuered, and conclude thus.) 'Therefore let

a Jury come, &c.

( When there are several defendnnts and j u d g n m t by

dg iu l t has

been signed against one or more this form may be a2tered accordingly.)
Form No. 5.
Introductory words of a Judgment after ~erdic t 'when Roll carried in.
(Copy the Nis i Praus record and then proceed thus.)
Afterwards on the

day of

in the gear d our Lord one thousand eight

-C/ (3

hundred and (day of signiltg j n a l judgment), come the parties aforesaid, by
their respective attorneys aforesaid (or as the case may be), and a Jury of the country being summoned also comp, who to try the truth of the matters in iseue between (Her Jfajesty and the said C: D., or as the case may be) being duly summoned and sworn,

say, upon their oaths, that, &C.,

(according to$nding).

[Cby

t1wposten.l

Therefore it is consiclcred &C., /accor&zg to the judgmenl).

Form No. G.-Note

of Errov in Law.

In the

tlio

day of

in the year of our Lord 18

(the day of bdginy

fiC,

note of wror), Her Majesty' Attorney-General (or our Sovereign Lady the Queen) and A. B.; Her Majesty's Attorney-General (or the plaint i for defendant, as the cuse m y be) says that there is error in law in the record and proceedings in this suit, and the defendant (or, as the case may he) says that there is no error therein.
Signed, &c. (attorney or solicitorfor C r o w or defendai;t.)
Form No. 7.-8uggestion of Error,

The

day of

i n ihe year of our Lord 18

(the day of naaking the entry on

the roll), the Attorney-General (or defendant, as the case nzny 6e) says that there is error in the above record and proceedings, and the defendant (or, as the case may be)
says there is no error therein.

Form No. 8.-Note

of Error i n Fact.

In the

the

day of

in the year of our Lord 18

(the date of

lodging

tzote in error), Hcr Majesty's Attorney-General (or, as the case may he) and A. B. ; the defendant (or, as the case may he) says that there is error in fact in the record and proceedings in this suit, in the particulars specified in the affidavit hereunto annexed.
Signed, &c. (by attorney, or solicitorfor Crown or defendant).

l ionn No. 9.--Satisfaction

Warrant.

[TG	be endorsed by the solicitor for the Crown or the defendant, and afterward6

signed by the ~t torne~-General. ]

I n t,he

the

day of

in the year of our Lord 18

(when s+ned by

Attorney-Gederal), between uur Sovereign Lady the Queen (or Her Majesty's Attor- ney-General informant) and A. El., defendant; and, Her Majesty's Attorney- General, who prosecuteth for Her said Majesty, acknowledges and confesses
[If by inquisition or extent

that the sum of

found due to Her Majesty from t e said A. B. ;

[If by bond]

that the sum of f,

the penalty of a certain bond given by the said A. B. to Her

Majesty, bearing date the

day of

, A.D. 18

;

[If by judgment]

that a certain judgment entered against the mid A. B., on the

day of

, A.D.

3;j0 \'I-CTORIB, No. 7.

&reme

Court Procedure Act.-l 866.

18 , for the Bun1 of S hath been sat.isfied to Her Majesty's use, and therefore
Her aaid Maje~ty'e Attorney-General will not proceed any further in the premises against the said A. B. touching the same.
Endorsement.

The within-mentioned sum having been satisfied, I see no objection to the filing of this warrant, with the leave of the Attorney-General.

C. D., solicitor of, &c.

Form No. 10.-Form

o f Recognizance of Bail on Capias.

In the

, Bs it remembered, that A. B., of

, C. D., of

, and E. F., of

come in their proper persons before the Honorable

( o r 6efor.e G. XI.,

a Con,-

missioner duly authorized j o r taking specid bail i n Her Majesty's Supreme Court, on the day of, in the year of our Lord 18 , and jointly and severally acknowledged themselves to be indebted t o Her present Majesty Queen Victoria, Her heirs, or successors, in the sum of 2 , upon cordition that if the said A. B. shall satiefy Her said Majesty a11 the penalties
[Or, if for duties, the several sums of money]
sued for upon an information
[If information not filed sag, to be]

exhibited against him before	by Her said Majesty's Attorney-General, for
the forfeiture8 and offences

[Or, if for duties, recovery of the several sums of money]
in the said information mentioned; or otherwise if the said A. B. shall render him-
self a prisoner in the Court here, then this recognizance of bail is to be void, or else
to be and remain in full force and virtue.

Taken and acknowledged at

the day and year above written.

C. D.

Before me.

E. F.

-

f i rm NO. l l.-Form

ofRecog~zizance

Bail in Brror.

In the

. Be it remembered that A. B, of

, C. D., of

and

E. F., of

, come in their proper persons before the Honorable

9 (or

before G. H., a Commissioner duly nuthurimd,for taki~tg

special Jail i?~ Her Mnjeeety'a

hundred and and jointly and severally acknowledged themselves to be

), on the

day of, in the year of our Lord one thousand eight

indebted to Her present Majesty Queen Victoria, Her heirs or successora, in the

sum of S

Whereas the abovenamed A, B. hath dclivered-a memorandum in writing to the Master of this Court, alleging that there is error in law in the record and proceedings upon the infarmation exhibited against him therein by Her Majesty's Attorney- General: The condition therefore of this recognizance is such, that 'if the said A. B. shall prosecute the proceedings in appeal with effect, and shall also satisfy and pay

or the proceedings in appeal discontinued by the said A. B., all and singular the

if the said judgment of the aaid Court upon the said information shall be affirmed;

sum or sums of money adjudged, or to be adjudged upon the said judgment, and all costs and damages to be also awarded for the delaying of execution thereon, then this recognizance to bc void, or else to be and remain in fu l l force and virtue.

Taken and acknowledged at

the

day and year first before

A. B.

written.

I C. D.

Before me.

E. F.

Form No. 12.-liecognizance for Costs ota Claim.
In

Be it remembered that A. B., of

(the clninzant), C, D., of

and

E. F., of

come in their proper persons before the IIonorable

for

bflare G. H. , a

Commissioner duly authorized for

taking special bail i~ t Her

3fajesty's Supreme Court of

), on the

day of

in the year of our Lold

one thousand eight hundred and, and jointly and severally acknowledged

themselves to be indebted to Her present Majesty Queen Victoria, Her heirs and aucceesors, in the sum of one hundred pounds ($100). The condition of this recognizance is such that whereas J. K., an officer of the excise, hath lately seized, as foffeited to the use of -Her said Majesty, several parcels of, which paid w a ~ (or were) afterwards reseized by L. M., and the property in the name is claimed by the above-named A. B., who hath entered such his claim thereto

in
300 VICTORIB, No. 7.
8uprme Court Procedure Act.- 1866.
in this Court. If therefore the said A. B., his heirs, executors, or administrators, shall pay or cause to be paid to the Treasurer of South Australia all such costs ae shall be occaaioned by the said claim, to be taxed by tlle Master of this Court, in case the said or any part thereof shall hereafter be adjudged forfeited then this recognizance to be void, or else to be and remain in full force and virtue.

Taken and acknowledged, a t

the day and year first before

written,

Before me,

E. F.

Form No. 13.-Recogniznmc

for

Costs on Appeal to Pricy C o u m t.

Be it remembered that A. B., of

, comes in his proper person before the

Ronorable

, on the

day of

in the year of our Lord one

thousand eight hundred and

and acknowledges himself to be indebted to

Her present Majcsty Queen Victoria, Hcr heirs and successors, in the sum of

pounds (S

The condition of this recognizance is such that if C. D. shall

stand and abide the determination of Her Majefity in Council on a certain petition

)

of appeal, to be entered and prosecuted by him from a

of the

, bearing date the

day of

ar.d made in a certain suit

wherein are, and are, and if the said C. D. shall also Fay such costs as may be awarded by the Judicial Committee of the Privy Council, in case the said appeal shall be dismissed, then this recognizance to be void, or else to be and remain in full force and virtue.
Taken and acknowledged the day and year first above written,
Before me,
[The above condition must depend on the order made by the Privy Council.]

Form ATo. 14.-Nolle

Prosequi.

Irr the

The

duy of

in the rear of our Lord 18

. Between our Sovereign

Lady the Quccn (or Her Jfnjesfy's Attorney-Genernl), informant, and A. B., defen- dant. And, Her hlaj~st,y's Attorney-General, who prosecuteth for Her
aid Majesty, sail11 that for certain reasons him thereunto moving he will not proceed sny further in the prcmises for Her said Majcsty againilt the said A. B., touching

the

m ~ t t e r s

in the said (infornzation) mentioned.

Adelaide : Printed I;y authority, by W. C. Cox, Govcrnmcnt Printer, Victoria-~quare,

Y--c