Supreme Court Procedure Act of 1891 (NSW)

1891. 55̂ ̂VIC. No. 3.

Supreme Court Frocedure.

No. III.

An Act to rem ove doubts as to the legality of certain sittings in llanco of Judges of the Supreme Court, and to provide for the holding of sim ultaneous sittings of such Court in Banco by and before Judges

thereof in two or more D ’ ’	s.	[24
November, 1891.]

T ^ T lIE a E A S for the purpose of preventing the accumulation of Preamble.

arrears the Supreme Court has of late been holden by and before Judges of such Court sitting in Banco at the same time in two separate Divisions, and such practice has proved to he higlily beneficial in the public interest; hut doubts having arisen as to the legality of holding the Court in such Divisions, it is expedient to remove the same; and whereas for the future it is expedient in tlie interests of suitors and of the public generally that sittings of the Supreme Court in Banco in two or more Divisions and at the same time, for the hearing and determination of all matters within the jurisdiction of the Supreme Court in Banco, should receive legislative sanction : Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—■

Y V

1. All judgments, decisions, and orders of, and all other acts Validation of

done by and proceedings taken before. Judges of the Supreme Court ’ while holding any sitting of the said Court in Banco or purporting Court imideu in

so to do, although such sittings were in two separate Divisions, at

divisions,

any time before the passing of this Act, are hereby declared to be and always to have been Aulid to all intents and purposes; and all acts, matters, and proceedings done, or taken by or before any officer of the said Court, or by any other person lawfully authorized or empowered in that behalf, in furtherance of or for the iDurpose of carrying out any such judgments, decisions, orders, or acts hereby validated are hereby declared to he and always to have been equally valid to all intents and purposes.

2. Two or more Courts each consisting of two or more Judges Supreme Court in

may during term be held simultaneously in Banco, each Court having

power to exercise the full jurisdiction of the Supreme Court hitherto Divisions,

possessed while sitting in Banco: Provided that nothing in this Act

shall affect any law now existing which requires appeals to be heard

before at least three Judges of the said Court.

3. Nothing in this Act shall prejudice or affect the power of Suviug ciiuise

any one Judge to hold a sitting of the Supreme Court alone under

the provisions or for the purposes of any Act of Parliament.

4. This Act may he cited for all purposes as the “ Supreme siiou tiiie.

Court Procedure Act of 1891.”

No. IV.