Supreme Court Process Act (No 2) 1849 No 34a (NSW)

No. XXXIV.

An Act to make further provision for the issue and service of Process in the Supreme Court. [9th October, 1849.]

shall execute all t he wri t s summonses ru les orders wa r r an t s commands WH E R E A S by t h e Char te r of Just ice for the Colony of New South Wales it is ordered t h a t t he Sheriff or his deputies

and process of the Supreme Court A n d whereas it is expedient to m a k e fur ther provision in t h a t behalf Be it therefore enacted by H i s Excel lency the Governor of N e w South W a l e s w i th t he advice and consent of the Legis la t ive Council thereof Tha t after t h e pass ing of th i s Ac t every wr i t summons ru le or order of t he said Cour t r equ i r ing service may be served by the Sheriff or his deput ies or by any other person.

2. A n d be it enacted Tha t it shall be lawful for t he J u d g e s of t h e said Cour t by any general R u l e or R u l e s from t ime to t ime	made
to empower any Commissioner of t he said Cour t for t a k i n g	affidavits

or recognizances resident at Br i sbane B a t h u r s t Gou lburn or Ma i t l and unde r such regula t ions as to fees and costs and otherwise; as to t he said J u d g e s shall seem proper to receive any proecipe for and to issue any such wri t of summons of t he said Cour t as aforesaid a n d also any wri t of subpoena to give evidence in any case Civil or Cr iminal Provided t h a t every such wri t of summons shal l be re tu rnab le in t he Supreme Cour t a t Sydney and t h a t every such proecipe shall as soon as convenient ly may be after the issue of t he wr i t to which the same relates be t r ansmi t t ed by t h e Commissioner who received the same to

t h e office of the P ro thono ta ry of t he said Supreme Court .