Supreme Court Rules Act 1848 (SA)

No. 5.

OBDINANCE enacted 6y the Governor 04 ~SoutJb Amtra l ia, with the advice and consent of the Legislative Council tlbercof.

To make the validity of

the General Rules and Orders ofthe Supreme

Court of South Australia, already made or hereafler to be made,

- - _

de2jendent zipon the Ratijication of them by some subsequrlzt Ordinance

01 the Governor and Legislative Council of South Australia.

'' other Matters to be brought therein, the Appointment of

Commissioners to examine Witnesses, the taking the Examina-

of Witnesses de bcne esse, and allowing the same as Evi-

dence;

I

[25th July, 1848.1

HEREAS by an Ordinance of the Governor of South Aus- Preamble-

tralia, with the advice and consent of the Legislative thereof, passed on the Thirty-first day of May, One Thou-

sand Eight Hundred and Thirty-seven, intituled, " An Act for the 7, w l n. 4 ~ Xo. s-

"establishment of a Court to be called the Supreme Court of "the Province of South Australia," it is amongst other things enacted ''That it shall be lawful for the Judge of the said Supreme SW. 16.

Court, to make and re scribe such Rules and Orders touching and concerning the Time and Practice of holding the said Courts, the forms and manner of Proceedings, and the Practice and Pleading upon all Indictments, Informations, Actions, Suits, and

" dence; the granting of Probates of Wills, and Letters of Adminis.

trition, the Proceedings of the' Sheriff and other Ministerial Officers, the Process of Foreign Attachment,and all other the Pro. cess of the said Court, and the mode of Executing the same; the Admission of Attorneys, Solicitors, and Barristers; the Fees,

"Poundage, or Perquisites, to be taken by any Officer, Attorney, or Solicitor, in the said Court; and all other Matters and Things for the Conduct of Business in the said Court, as the circums stances of the Province may require: Provided that such Rulet '' and Orders shall be subject to be Disallowed by Hrs MAJESTY,

" and, upon such Disallowarlce being signified through the Gover.

nor, such Rules and Orders shall become Void and of no Effect.' AND WHEREAS, by another Ordinance of the Governor, wit1 the advice and consent aforesaid, passed on the Twenty-seconc

day of June, One Thousand Eight Hundred and Forty-one, in

tituled, An Act for giving Nelief to Imprisoned Insolven '' Debtors, and to make Provision for the Administration cif thc

5 Vict., No. 1. c c Estates of Insolvent Debtors, in South Australia," it is amongs other things Enacted " That the Judge or Judges of the said Court

shall have Power from time to time to make General Rules an[

Sec. 8. Orders for Regulating the Practice of the said Court, and befon the Commissioners, the Allowance and Taxation of Costs, th

g' Sittings and Proceedings of the Judges, Commissioners, an(

"Assignees, and the Cokduct of the other Officers, and of tii '' Practitioners therein, and the Fees to be talren by the Officer and Ministers of the Court: " " Provided that such Ruk and Orders shall be subject to be Disallowed by HER MAJESTY

and upon such Disallowance being signified throb$ the Goserno

c c such Rules and order^ shall become Void and of no Effec

"Provided also, that, until such General Rules and Orders cl

"be made, it shall be lawful for the Court to make such Rules a1 "Orders as may be deemed expedient, in emh particul case. v

That Divers Rules	AND WHEREAS	divers Rules and Orders have at vario
have been made by

successive Judges in times been made by thz successive Judges of the Supreme Con

pursuance of the said in pursuance of the befare recited Powers in that behalf given by t

power given by the recited Ordinances, and have from time to timebeen Varied and 1

recited Ordi~~anc~s.

tered in pursuance of the same Power, as occasion has appeared

require.

e

That it is expeJicnt to	AND WH~(REAB	if is expedient to A mend the Provisions of t
amend the said Or&-

nances.	said Ordinances, by makiog the validity of the Rules and Ordl of the Supreme Court dependent upon the Ratification thereof,
some Ordinance of the Colorttial Legislature.

BE IT THEREFORE ENACTED byT~-IE GOVERNOR of South Australia, The present Rules to continuc'im forcc only

the advice and consent of T~re LECI~LATIVE COUNCIL thereof- until the ist day of

THAT all such Rules and Orders as have been heretofore made by September, 1849.

the several successive Judges of th. Supreme Court of South Aus-

tralia, in pursuance of the Powers in that behalf given by the

before in-part recited Ordinances, and as are now in Force and Operation, shall continue in full force and effect, until the First day of September, Olie Thousand Eight Hundred and Forty-nine,

and shall then Cease and Determine, unless the same shall be in

the meantime Confirmed by some Ordinance, for that purpose

made and passed by the Governor, with the advice and consent of

such Legislative Council.

11, AND RE: IT ENACTED, that a Transcript of all such General A transcript of the Rules to be sent to the

llules and Ordcrs, as have heretofore been made by the successive Governor, be

Judges of the Supreme Court, i n pursuance of the before in-part before the Legislative

recited Ordinances, shall, as soon as practicable after the passing of this Ordinance, be transmitted, under the hand of the now

Judgc of the Supreme Court, to His Excellency the Lieutenant-

Governor to be by him laid before the Legislative Council.

111. AND BE IT ENACTED, that no General Rule or Ordcr of the No Rule of the Su- preme Court hereafter

said Supreme Court, or of any Judge thereof, which may hereafter ,bemadetobeofany

be made in pursuance of the Powers in that behalf given by the force until confirmud

said in part recited Ordinances, or either of them, shall be of any Legislatir,o Council. by the Govcrnor and

Force or Effect, until the same shall have beell Confirmed bv an

Ordinance, for ' tbnt purpose made and passed by the ~ o v e k o r,

with the consent of the Legislative Counail of this Province.

FREDK. H. ROBE,

Lieutenant-Governor.

Passed the Leyis2nttue Council, this Twenty-

$flk day of Jut?/, One Tlzozcsand Eight

~zcndre'd m d .F&-iy-eight.

\v. L, HALLORA RAN, Clerk of Council.

- ~ E X, A I D E : Printed by suthority, by A. MUREAY, Printer, Rundle-street,

L-__