Supreme Court Rules Act 1850 (SA)

No. 2.

0 / t l l lNA~\~CE enacted by the Govcrnor of South Australia, with the advice and

consent of the Legislative Council thereof.

(27th February, 1850.)

HEREAS by an Ordinance bearing date the Twenty-fifth day

W of July, one thousand eight hundred and forty-eight, it was

i j l ter alia enacted, that all such Rules and Orders as had been thereto- .fbre made by the several successive Judges of the Supreme Court

of South Australia, in pursuance of the powers in that behalf given

by the therein in part recited Ordinances, and as were then in force

; L I, ~ operation, should continue in full force and effect, until the first

day of September, one thousand eight hundred and forty-fiine, and

should then cease and determine, unless the same should be in the mean time confirmed by some Ordinance, for that purpose made,

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

Legislative Council thereof :-And that no General Rule or Order

of the Supreme Court, or of any Judge thereof', which might there-

after be made in pursuance of the powers in that behalf given by the said in part recited Ordinances, or either of them, should be of any force or effect, until the same should have been confirmed by an Ordin~nce for that purpose made and passed by the bvbrnor,

B with

I ND. 10,184~.

with the consent of the Legislative Council. AND WHEREAS by

an Ordinance bearing date the Twenty-third day of August, one

thousand eight hundred .and forty-nine, it was enacted that such Rules and Orders aforesaid, (in force and operation at the time of the passing of the first liereinbefore recited Ordinance), should continue in full force and effect until the first day of March, one thousand eight hundred and fifty, and should then cease and determine, unless tlie same should be, in the meantime, confirmed by some act or Ordinance for that purpose made and passed

by the Governor, with the advice and consent of the Legislative

Council: AND WHEREAS the last mentioned Rules and Orders (heretofore in force), being about to cease and determine, certain amended General Rules and Orders have been made by His Honor

the Judge of the Supreme Court, in pursuance of the powers given

recited Ordinances to take effect either ,from and after the confirmation

thereof, or from and after the times therein mentioned, and certain

other of such Rules and Ordinances have been allowed to remain

unaltered, subject to the allowance or disallowance of the said

by the Ordinances in that behalf referred to in the lmei~lbefore should be confirmed in manner herein provided:

Con6rmation of New	BE IT THEREFORE ENACTED,	by TIf E G OV ISTW 01t 01:
Ruler of Court.

SOUTH AUSTRALIA, with the advice and consent of T1lE LEGISLATIVE COUNCIL the reo f -T~T from ancl after the said first day of March next, the General Rules and Orcle!s so mnrle by the said Judge of the Supreme Coort, in pursuance of the power, aforesaid, as the same are inserted in the Schedules hereto annexed, shall be, and the same are, hereby, confirrncd.

Future Ruler to

hare operntian till 11. AND WHEREAS it is deemed more convenient that tlic

didloned.	General Rules and Orders of the Supreme Court, and Judges thereof, hereafter to be made, should have cff'ect and operation before tlie same can be confirmed, but subject to the disallowance of t h ~
Colonial Legislature: BE IT ENACTED, That all such General Rules
and Orders as shall hereafter be made by tlie said Supreme Court, or any Judge thereof, in pursuance of the powers given by any Ordi- nance in that behalf now or hereafter to be passed, shall be reduced into writing, and shall have affixed thereto the sad ofthe said Court, and shall forthwith be transmitted under the hand of the Judge or Judges making the same, to the Governor, to be by him laid b~fore the Legislative Council, as soon as pmcticable after the next nssembling thereof :-And all such Geilernl llules and Orders shall be by
order of the said Judge or Judges, published in the South .4uatralim
Govermment Gazette, for public information: and (ooless the same shall be disallowed in manner after mentioned), shall cornnience m d
take effect from +and after a day to be therein samed, not being less

than

than forty days from and after such publication: any thing in the

recited Ordinances to the contrary notwithstanding.

111. PKOVIDED ALWAYS, AND BE IT ENACTED, that i t shall be

la~vful for the Governor, with the advice and consent of the Legislative Council, by any Ordinance to be passed, a t any time, either before or after any such General Rule or Order so laid before such Council shall have come into operation, to disallow the same in whale or in part, and in case the same shall be in force at the time of such disallowance, to specify the time at which the same shall cease to be in force; and 110 such General Rule or Order which shall be so disallowed, shall hxve any force or effect whatsoever, or if it shall be in force at the time of such disallownnce, it shall cease to have any force or effect a t the time so specified as aforesaid, save in so far

J as kgards anything theretofore lawfully done in pursuance thereof.

11. E, F. YOUNG,

Lieutenant-Governor.

I'nssed the Legisla!ariue Council, this

fruent y -scve?rtl~ day of February,

onc ijwnsnnd pighi hnrrdrerl u~rd

,7'ifty. I

%'. L.	O'HALLORAK,
Clerk of Council,

I:UL EX made bg CHARLES COOPER, Esquire, Judge ,of the Supreme

Court o j South Australia, i n pursuance of an O d i r ~ a n c e passed on the thirty-Jirst day

of M a y, o n e thousand eight hundred and thirty-seven, intitvied " An Act for the Es-

tahlishment of	n Court to be c a l l ~ d	the Stspreme Court of the Province of Suuth
Austvulia."

I. All rules and orders heretofore made for the said Court shall be deemed to be

annulled from and after the allowance of the rules now made, except such as shall be rules.

expressly contiaued for a longer time.

Repal of former

!I. The business of the said Court shall ba carried on at the Court-house, in Wey- mouth-street,

place for transact-

until notice ia given in the Government Gazetie that the Cour t -hou~e $ ~ ~ ~ r t ~ u ' i n e * ''

now in the course of building is ready for occupation, and then the business of the said

Court shall be transferred there.

111. The respective Rules and Ordere, forms and manner of proceeding in her Majesty's Superior Courts at Westminrter, for the time being, that is to say, in the English ~ d ~ ~ t i ~ ~ of the

Rules of

Court of Queen's Bench, Exchequer, and High Court of Chancery, and i n the Eccle- Fractice subjeot to

h t i c a l Courts within the diocese of London, called The Consistory Court. shall be f ~ ' ~ made i ~ ~ ~ ~ y

generally adopted and followed in the exercise of the several jurisdictions of the soid Supreme Court, so far H A the circumstances and condition of the Colony will admit, and so far as G L C ~ rules, orders, forms, atid manner of ~roceeding are not altered or var~ed by thc Ordinance for the establishment of the Supreme Court, or by any rules hetofore made in pursuance thereof, or by the rules this .day made, and so far as they shall not be altered or varied by any rules or orders hereafter to be made by the

judge, or judges, of the said Court,

IV. If ally of such rules of practice of the English Courts will, under the special circumstances of any case, be attended with Power of dinpensing

~er t icu la r hardship to either party, i t with in any

particular case of

shail be lawful for the Court, in term time, or for a judge in vacation, upon affidavit of	the facts shewing such hardship, to make such order i n that particular as may appear
to be most conducive to the ends of justice.

V. The Offlcers of the Court shall attend every day, a t ten o'clock, a t the office Noursduri~gwhich

thereof, whicb shall be open to the public for the dispatch of business from the hour pyrz ~	~	~	~	t	t	~	~	~	~
of eleven o'clock in the forenoon until the hour of three o'clock i n tbe afternoon, puuc,

except on Saturdays, when t,he office shall be clo~ed at one o'clock in the afternoon,

and except on Sundays and the following holidays, viz. :--New Year's Day, Good Friday, Easter Eve, Easter Monday and Tuesday, Her R3ajesty's Rirthday, Her Majesty's Accession, Christmas nay, the Anniversary of the Foundation of the Colony, and the intervening days; povided no holidays shall be allowed to interfere with the

appoir~ted Sitting8 of the Court.

VI. All writs are to be signed try the >laster or by the Clerk of the Court, and are si&ni" and sealing

' ' 0 be stamped

the seal of the Supreme Court Office now in his 6wtody, but

of records, and all documents other than writs requiriag to be sealed,

to be aealed with the seal of the Court, which ra directed by the said Supremu

( h r t Ordinance to be kept in the custody of the Judge. B

VII. The duties @f the Master of the Supreme Court are such as :;re performed

Duties of the &faster.

by the Master of the respective Courts of Record at Westminster, and by t h e respective Masters of Cbancery in Engla:ld, as nearly as the different circumstances of this Court will admit. The Master is further to act as Registrar of the Ecclesiaaticxl Department of the Court, and as Clerk of Arraigns on the Criminal ~ i d e of the Court, and he ie to do all things which by the Ordinance No. 11, 1843, intituled " An Ordinance to iacilitate the Recovery of Debts in certain cases," are required to be performed by the Clerk or proper officer of the Court,

~~~~i, of the clerk,

VIII. The duties of the Clerk of the Supreme Court are to make all entries, to

file all such documents as are neoesmry to be filed, and to make copies of buch as

shall be required, to keep aocount of fees received for business done, to act as judge'^ clerk, and generaily to ase i~ t in doiug all things necessary to be done in the Supreme Court Office.

clerk to IX. When the Maeter ia engaged in other duties, or is absent by permission, or on

the duties of the account of sicknesr, or any necessary cacse, the Clerk of the Court is to perform all

Master in	case of such duties as are before appointed to be done by h e Master.
abaenco.

Duties of Aidtant X. As other Clerks of the Court shall be from time to time appointed, i t will be

Clerks.	their duty to as&& in the performance of the several matters before appointed to be done by the Clerk, who, after the appointment of a Second Clerk, will be called the
'' Chief Clerk."

Answers ia Equity XI. AH answers in Equity and all affidavits in the Supreme Court, whether made juriediction, may be sworn either in open Court, or before a judge, or tire master there. of, or before a commissioner appointed by the judge or judges of the Supreme Court, for the purpose of taking affidavits therein.

and befor0 in proceedinga, civil or criminal, or in its common law o r equitable, or ecclesiastical

whom t o be sworn.

gam filed in the XlI. All paper writings delivered at the Supreme Court office, for the purpose of

Office to be clearly being filed or used in any cause or proceed.in,o, depending or otherwise, in the said written. Court, are to be written in a clear leg~ble hand, and to be of a convenient form and

size; and no paper not so written is to be received into the ofice.

sheriff to attend XIXI. The sheriff or hie under sheriff is personal!^ to attend the Court during all

the Sittings of Court# its civil and criminal eittiugs, and at other times when specially required to atteud, BC. whether f~ term oh out of term, and is not tu depart without leave of the Court.

Practitioners.

XIV. The business of the Court is to be conducted as heretofore, by the gentlemen

already admitted to practice therein as barnstem, attornies, solicitors, and proctors,

and by others to be hereafter admitted to practise sa such, according to the rules of the Court ia force for the time being.

Persons to be here- The following person8 only shall be eligible to be hereafter admitted to practise in

after admitted. the said several capacities, that is to sag-

Perarms akady . let* Persons actually admitted as barristers, advocates, solicitors, attornies, proctors, writem to the signet, in some one or other of the Queen's superior Courts, withinthe Ueired Kingdom of Great Britain and Ireland, or as attornies or d i e i k r s in the Szz~reme Court of either of the colonies of New South Wales or of

admit*ed,ehewhere.

any district thereof, or Van Diemen's Land, or Westertl Australia, or New

Zeabnd,

~ e m m articled as 2nd. Persons having been articled to some practitioner of the Supreme Court i !

Clerks	in	South	South Australia for the term of five years, and having served the full term of their
~xlutralia.	ckrkship.

in 3rd. Persons who having been articled to an attorney or solicitor of one ofthe Qwen's Superior Courts in Great Britain or Ireland, or to a writer to the Signet in Scotland, or to an attorncy or solicitor in the Supreme Court of either of the c o l d t s of New South Wales, or of any district thereof, or uf Van Dlemen's Land, or of

England,	Ireland,
Scotland, &c.

Western Australia, or of New Z?al:~ud, shall have served Ihe fall term of five years under such articles.

4th. Persons who, having been a~t ic led to an Attorney or Solicitor in one of the Persons articlcd in

and

Courts mentioned in the preced~ng section, and having served for m y period of Eng!anti*

time under surh articles, sl~all hilvt: completed tile full term of five years by serving term under the nrti- fiervlng part o f the

the remainder of the term as Clerk to a n Attorney o r S o h i t o r of the Supreme cles. a~ld the residue

Court of South Australia, or wllo having bsen d;lg articlcd for five and in South Australia, rrrticiod in

served for any term i n Sourh Australia, shall have completed the residitr of such Or	South Australia, and
term with any Solicitor or Attorney of the superior Courts i n Great Britain or Ire-	s,,,ing of the
land, o r writer to the Signet in Scotlar~d.	time there, and the residue in England,

5th. Persons who, shall have served the term of five years ar Master or Chief c h.

Clerk of the Supreme Court. Persons serving

five years as Chief

Clerk, &c. in the

Sulrcmc Court Officr,

XV. No Attorney of the Court shall be ailowed to have more t h a n two Articled Clerks a t one time, and before any person shall be articled with a view to l~isadmission only to be allowed to take Each I'ractitioner t,vo lrticled

aa an Attorney, he shall be introduced to the J u d g e or one of the Judges (when there Clerks at olle tiale.

are more Judges than one), w h o shall be satisfied wi th respect to his moral cha r s c ter Examiriation of in-

tended Clerk by a

a ~ i d	academical acquirements, aud that he is not less than sixteen years of age.	Judge	previous	to
articles.

XVI. No person durirlg the cilntiuuance of his articles shall purfiue any occupation C erk not to putsue other hl~xinest? than that of an Attorney

or business other than the proper business of an Attorney or Solicitor.

&c.

XVII. I n the first term of every year, except the present, and i n the present year Examination pre-

in the first term, after the approval of these rules by t h e Governop acd Lpgislative vious to admission.

Council, the blaster or other Officer parfcrming the duty of Master of the Supreme

Court fur the time being, together wi:h two or three Practitioners thereof, s l~a l l be ap- Examiners.

pointed by a rule of Coult to be examiners for one year as to the qualification4 and

fitness of persons intending to agply for admission as Practiouers on the roll of the

Court, any two of whom (one whereof to be either the Master or a Practitioner, to be ~pecially named I n the rule of Court), shall be competent to conduct tbe examination, subject to appeal as after meutioned, and no person except such as are mentioned In the proviso to this rule, shall be admitted to be sworn a Practitioner of the Supreme c,,~;i;,,t, to be

Court except on prodilction of a certificate signed by the major part of the examiners obtained from Cxam- actually present at and conducting his examination, test ify~ng his fitness to be ad- iners previttus to ad-

mitted a s a Practitioner, such cer~iflcate to be in force only to the end of tt.e term mission'

Ce*ific*te in

next following the dale thereof, unless such t ime sirdl be specially exiendsd by the force to the end of

order of a Judge of the Court, provided that persor.8 having been duly admittzd aa Ad- the

vacates or Barristers in Great Britain or Ireland, or Attorniea or Solicitors i n England, dote thereof. Ireland, New South Wales, ox Van Diemen's Land, on producing certificates of their proviso in favor of

fitness to be admitted A t t o r ~ i e s or Solicitors from examiners in lingland or Ireland, persons previously ad-

Or New South Wales, or Van Giemen's Land, shall be admitted a s Practitioners of this mitted	in	Errgland,
Court without being examined by the examiners of this Court, subject nevertlreleas to the control of the Court, to be exercised tie after mentioned.

Examiners to be rrp- t.	~oglnlations3nade.b~ The Examiners so to ba appointed shall conduct the cxamiriations under regula.
proved bp the Court. Ions to be approved by the Judge or Judges.

I n case any person shall be dissatisfied with the refusal of the Exarnir~ers to gran1

Appeal fram the

Examiners to the him such certificate of fitness, as aforesaid, he shall be at liberty to apply to,

Judges.

admission by petition, to the Judge or Judgesr, which application shall be heard

Chambers by the Judge or Judges, or by not less lhan two Judges, i f there are mars

than two Judges of the Supreme Court.

of

ship and any assbn- Every person applying at the expiration of his article?, to be admitted a pratitione:

thereof to Obe of this Court, shall, before the term in which he is desirous of being ndmitted, taw

left with the Master to he left with the Master o r Chief Clerk, his articles of Clerkship, and also ""1

or Clerk of Co~rt. assignment which may have been made thereof.

Applicant to attend XVIIT. Every person so applying for admission, shall attend the Examiners at thc

examiners, &C.

Supreme Court-House, at such time or times, as shall be appointed by them, and shal answer such questions as they shall then and there put to him by written or prink(

papers, touching his fitness and qualification to be admitted as a practitioner of till

Court.

Examiners to en. X I X. It s h ~ l l be lawful for the Examiners, besides such examination as aforesaid

quire as to service of touching the qualification of the for admission, to require answers in writin1

Articled Clerks. from him, to such questions as they shall think fit to propose, touching his servic during his Clerkship, and he and the practitioner, with ahom he may have serve his Clerkship, shall, if required, and not prevented by illness, or other sufficient cacst attend the Examiners, and give such explanation as they may require touching Iti service.

Pewer to dispense XX. I n case the applicant shall shew sufficient cause why any of the precedin

with	of the Pre- regulations cannot be fully complied with, i t shall he lawful for the Court, or a Judg
cedmg	regulatlone b y rule or order, to dispon~e with such part of the regulations as they or he may thin

under circumstances. fit to be dispensed with.

giva XXI. Upon cornpliatux with the aforesaid regulatione, the examiners actual1 present at, and conducting, the examination, or the major part of them, if more th; two, (one of them being the Maeter or such person specially named as aforesaid), sha if satisfied as to the fitness of the person BO applying to be admitted as a Practitionl of the Court, give him a certificata under their hands, in the following form, viz :-

certificate.

Form tllereofi " In pursuance of the Rules of the Supreme Court of South Australid, W

" being the Examinerv (or the major part of the Examiners, as the case may b

" actually present at and conducting the examination of of

" do hereby certify that we have examined the said as requjr

" by the said Rules, and that we find him to be qualified and fit to be admitted

" practitioner of the said Court. Given under our hands the day of

Provided that unti l Examiners shall be appointed, persons applying for admissi shall be examined by a Judge.

Notices to bsgiven

by all persona previous XXII. .4ny person who shall intend to apply for admission as a Prectitiooer of ti

to admiaaion,	Cshrt, (whether previouuly admitted elsewhere or not) shall, before the commencemf
of the Term in which he shall so apply, cause his name and place of abode, written legible charactera, to be affixed in the office of the Court, and shall also cause not of his intended application to be three several times published in two public nel
papers of Adelaide, during such term, aod having given such notices, and in otl
respeets complied with the regulatiol~s hereby made, he may be admitted on the last;
of such Term.

XXIII. ]';v

XXITI. Every person who, according to the preceding rules is required to ol&in Notics to be given

from the Examiners, previous to his admission, a certificate of his qualifications and $ & 6 ' ~ ~ ~ t ~ '.	pmvi-
fitness to be admitted as a Practitioner of this Court, shall, in addition to the notices before-mentioned, give a t least onc month's noticc to the said Examiners, of his inten- tion to apply for examiuation, by leaving the notice with the Master, and shall i n such notice state his place or $aces of residence and service for the last two years.
In case of a petition by any peruon to the Judge or Judges of the Court for admis-
Gun, after a refusal by the Examiners to give him such a Certificate as aforesaid, he sliall give ten days notice, to be served on the Naster, of the day appointed for hear-
iug the Petition.

XXIV. If from any pcculiar circumstances not arising from tlic fault or ncgli- Fence of the Applicant for admission, such as a delay in the proceedings of the Exami- ~ ~ ~ t ~ ~ ~ l, ' ~ ~ Under any peculiar

ners, or in the hearing of his Petition, i t shall become impossible for him to obtain his ,i,,io,	,t	ti,,
admiahn within the Term in which he seeks t o ba ndmittcd, it shall bc lawful for the Court or the Judges, being satisfied of his qualifications and fitness, a t their dis- cretion, to order that he may be admitted a t any time, to be mentioned in the rule or order, either within Tcru or out of Term.

XXV. Any person applying for admission on the ground of his having been pre- vioualy admitted elsewhere as an Attorney or Solicitor, shall, a t tbc time of giving Amdavit to be made

previoual~

the notice hereinbefore required, file with the Chief Clerk a Certificate of his previous

admission, or a true copy thereof, together with an affidavit which shall contain the

following allegations; namely-that the deponent has been admitted in ono of tllo

aforesaid Courts; that he has not done or comniitted any act or thing which would

causc his namc to be struck off tllo Roll of such Court, and that to the best ofhis

knowledge and belief, his name still remains on the Roll thereof, that the Certificate

or Copy of the Certificate annexed to his affidavit is the original Certificate of his

admissiun or a true copy thcrcof, as the case may be, and that he is the person named

therein, the time when he ceased to practice, the time of his arrival in the Colony,

the name of the Ship in which he arrived, the mode of his employment from thc

time he ceased to practice, the name of a t least one respectable housekeeper resident Hale for acimissiun

within thc Colony, to whom he is known; and the rule for the admission of the Appli- to be drawn up on read-

rant, shall bc drawn up on reading such affidavit, which rulc shall be conditional for h

eighteen months, unless the Judge or Judges shall see cause t o order the contrary. conditional for eighteen

XXVI. Every person applying for admission on the ground of his having scrvcd articles of Clerkship to an Attorncy or Solioitor, in one of such Superior Courts, Affidavit to benlads

as not preyi-

aforesaid, elsewhere than in South Australia, shall in like manncr make an affidavit ourfg admittad.

that he hasuot donc or committed any act or thing which would subject him to Lc

refused admission, or excluded from practice in such Court, and such affidavit shall

also state the time of the expiration of his Clerkship, thc mode of his employment

rules a$ are applicable to his cam. sincc that time, and such of the several other matters mentioned in the preceding NoTE.--T~~ object of the two preceeding rules is to prevent the admission of per- sons whoee previous misconduct or long discontinuance of practice in law render them unfit to bc admitted Practitioners of the Supreme Conrt.

XXVII. Any person having reasonable ground to object to the admission of any other person who has given notice of his intention to apply to be admitted as a Practitioner te!.e? Caveat may be en-

agaillst the ad-

of this Court, on the ground of his not being entitled to be admitted, or of his having	l'erao11s.
been guilty of some misconduct which, if he were a Practitioner of the Court, would
wbject him to be struck off the Rolls thereof, may enter a Caveat in the Supreme

D Court

Coart Office against mch admission, and shall at the same time file an affidavit o r

dlidavits wherein shall be distinctly stated the grounds of objection, and thereupon i t

~ b d l be lawful for the Court in Term time, or a Judge in Vacation, if thcgounds of objection shall appear to the Court or Judge to be reasonable, to order a rule to bc drawn up, calling on the party objected againat, to show cause upon some day in Term why his application to be admitted as a Practitioner of the Supreme Court, should not be rejmted, which rule shall be drawn up on reading the Caveat and affidavit or affidavits, and &all be served personally on the party objected to, at least scven days before the day appointed for the hearing thereof. And upon the hearing thereof, i t shall be lawful for the Court to make such order as shall seem just either for admitting

ar rejecting the application of the party objcctcd against, and also with respect to his

ooats.

c01ttune of Barria- XXVIII. The Costume of the gentlemen attending the Court as Barristers, shall be

t e n. as heretofore-a black coat and waistcoat, a white neckoloth and banns.

Timea for b s i o ~ of XXIX. The Court shall sit as a Court of Oyer and Terminer and general gaol

O ~ e r end Terminer, delivery, four times in each year; the first session in the present year mill commence

del'reryo

on the Fifteenth day of the ensuing Term, namclg on the Elcvcnth day of March next; the second on the second Monday in May; the third on the second Monday in August; and tho fourth on the Monday next following the termination of the Fourth Term. In future years, tho first, second, and third Session of Oyer and Terminer and general gaol delivery, shall commence on the second Mondays in February, May and August, respectively, and the laat of such Sessions shall commcnce on the Monday

next following the termination of the fourth Term.

No)r~.-The object of the alteration in the Terms and Sittings of tho Court, is to

allow time in Term for the argument of demurrers before the Civil Sittings.

XXX. There s h l l be, as heretofore, four Terms of the Snprcrne Court, in emfl year,

to be respectively ciblled the first, second, third and fourth Terms, and each of such

Terms ahall co~sist of Twenty-seven days, including the Sundays therein.

Them Terms ahaU respectively commence as follows, namely-

The first Term on the last Monday in February, the second Term on the last Monday in Way, the third Term on the last Monday in August, and the fourth Term on the l a t Monday in October,

Sitting8 for trial of XXXI. Sittings for the trial of issues in Civil Cases and for the Assesment of dam. @ither in Term or opt of Term. The first Civil Sittings of this year will commence,

irrruea in Civil oases. qp, shall be held four times in the year, at such time^ as the Court may appoint,

as heretofore, on the Seoond day of the first Term, but thereafter, and until it &all be

olhcmise ordered, the Civil Sittinga will respectively commence on tbe third Mond3y

in emh of the four Tern.

s o ~ ~. - T h e object of thig alteration is to allow timo for the arpmcnt of dc-

murrera before the Civil Sittinga.

Ruler for nepr trials, XXXII. Rules for new trials, or in arrest of Judgment, or other rules of a like nature, may be moved within four days after the last day of the Sittings, or at such later day aEi the Court ma permit, whether in Term or out of Term, and cause may be hewn

when to bemwed,

against any such ru es and judgment given therein at such time either in Term or 9

out of Term, W the Court ahall think Pt.

XXXIII. The

X'XXITI. Thc Scs~ions of Ogcr ancl Termincr, and the Sittings for the trial of Civil Sesiiion of Over and Terminer ~ n d &ittinga

causes hetween party and party, whether the same respectively shall be held in Term	whcnaver held to be
or out of Term, and whether before one or more Judgee of the Supreme Court, shall	deemed proceedings in
be deemed to all intents and purposes, proceeding in the Supremo Court, and it shall	the Supreme Court.
not be necessary in the Yenire for summoning Jarors, or in any Record or other proceeding relative to such sessions or sittings, to distinguish between the time of Term and othcr time.

XXXTV. The record left with the Officer of the Court at the entry of a cauae for trial, shall be the only record nccec?ssry in such cause, and all proceedings at and s u b Only one record ne-

eessary in s cause.

scquent to the trial sliall be entered thereon in the Supremc Coart Office, a draft of ~ u c h additional proceedings being previously furnished by the attorney of the party rcquiring such entry to be made to the Clork, or othcr Officer, at his request.

XXXV. All rules and orders which, according to the practice of the superior Courts Rules and' orders may in certain cases be

of Law at Westminster, inay be made or disposed of by a single Judge thereof, may

m d e by a single

be made and disposed of by a single Judge of the Supremc Court, by a summons and

Judge by summons aud

order thereupon, prorided that the Judge to whom application is madc for any such

order.

summons or order may, at his discretion, refer the matter to the Court when there

shall be more than one Judge thereof.

XXXVI. If the defendant resides in the City of Adelaide, or within fifty miles thereof, hc shall liavc ciglit days to enter an appcarancc in the action; if above fifty Appearance to Writ

of Summona.

miles, and not exceeding one hundred miles, ten days; if exoeeding one hundred

miles, fourteen days.

I n this and othcr cases, when i t shall not be expressly provided otherwise, the time shall be reckoned exclusive of the first day and inclusive of the last day-thus, Time how to be

to a reckoned.

writ served on the first day of the month, an appearance must be entered on or before

the ninth.

XXXVII. If the defendant resides in the City of Adelaide, or within fifty miles thcreof, hc shall have six days time to plead after scrvice of tho dcclaration-if Time for pleading.

above

fifty miles, eizht days.

XXXVIII. No plea or other pleading subsequent to the declaration shall be Ceerution of plead-

delivered between the first day of December and the fourth day of February.

ing after declaration

between the 1 s t DB-

cember and the 4th

February.

XXXIX. TIThcn the defendant, or one of the defendants if more than one, resides in Adelaide, or within forty miles thereof, eight days notice of trial shall be given. Notice of trial.

If

the defendant, or all the defendants if more than one, resides above forty miles Six days only in

from Adelaide, fourteen days notice of trial shall bc givcn. Provided that six days ,sees of aaseeament.

notice of trial shall be ~ufficient in cases of assessment of damages.

Short notice of trial shall be understood to mean four days. Vhere i t shall not be

otherwise ordered, countermand of notice must be given four days before the day ap-

pointed for trial.

XL. Causes for trial must bc entered, a n d the record therein lcft, at the Supreme Entry of earner for

Court Office, two clear days before the first day of the Sittings at which they are to trial*

be tried.

If the Sittings commence on Monday the cause m ~ s t be entered on the pre-

vious Friday, and no record is to be receired after such time without the p o i a l order

of the Court.

XLI. Where

Wbat shallbenotice XLT. Where a party shall sue or defend in person, or being a defendant, and duly

to Pr~iess~iniZ or de- served with process, shall not appear, all notices of pleadings or other rnakters, may

fendiug	in penon'	be served on him, by affixing or suspending a copy of the samc in some conspicuous
place in the Office of the Supreme Court, unless such party shall have delivercd to the Attorney of the opposite party, or to the chief clerk, noticc in writing, of some dwelling-housc in Adelaide where he dosires papers in the cause may be left for him.

As to si nature of XLTI. Where, by any rule of practice in England, the sigaatnre of Counscl i;:

c ~ n s e l	to P eadinge.	T	required to be made to any answer, pleading, or other pracccding at Law, or in Equity, the same shall be signed by the Attorney or Solicitor of the plaintiff or
defendant in the cause, as the case may require.

Affidsvit required in XLTII. No rule or summons shall be issued, calling upon a plaintiff in any action

for costs. diction of the Court, unless upon an affidavit of the Defendant or his Attorney ill odertoobtainswurity to give security for costs, on the ground of his being resident without the juris-

such action, stating that the Defendant has a good defence to the action on the merits,

and stating also some grounds of substantial dcfcnce.

Theorderof &Judge XLIV. It shall not be neccdary, in any case, to make anorder of a Judge a rule of

dmll be deemed an Court, in order to any proceeding, by attachment, or execution, but every such order

of the Court. shall be deemed an order of the Court: Provided the original order, or a, copy thereof,

Prorided that it or attested by an officer of the Court, be filed or entered in thc Office of the Court:

R thereof be filed Provided also, that this rule shall not dcprivc any party of the power of applying to

or entered in the SU-	the Court for a rule to set aside or vary any such order.
preme Court Office.

The Gaol a t Ade. XLV. The common gaol at Adelaide shall be deemed, as heretofore, the prison of

hide t o be deemed the the Supreme Court, to which persons may be committed for: debt, contcmpt, or other

ibrison	of the Supreme causes, for which the Court may have power to order imprisonment.
Court.

Pereone in custody XLVI. The Court, or any Judge thcreof, may, by any rule or order, direct thr

may brought before Sheriff, Qaoler, or any Officer of the Court to be mentioned therein, to bring any

Court Or person in custody in such Gaol before the Court, or a Judge thcrcof, and may orally,

order. or by rule or order, direct such person to be rcconveyed to the said Gaol, without causing a Writ of Habeas Corpus to be issued for such purpose, pravided that nothing

1 herein contained shall be dccmcd to render a Writ of Habeas Colpzcs unnecessary, in cases where i t is intended to bring into question the legality of a commitinent by virtue of any authority not proceeding from this Court.

Provision:for refer- XLVII. I n every Order or Rule of the Supreme Court, or of any Judge thereof, for

ring back an award to	referring a case to arbitration, or for making any submission to arbitration, a l h l e of
arbitrators in case of	Court, there shall be inserted a Clause, that if any question or dispute shall arise as to
miatake.	the effect of the award, or in the event of either of the partics disputing the validity thereof, or moving the Court to set the same or any part thereof aside, the said Court shall haw power at any timc, and from time to time, to remit the matters re-
ferred, or any or either of them, to the re-consideration and re-determination of the arbitrator or arbitrators, or to another arbitrator or other arbitrators to be named by the Court, and to enlarge the time within which the award may be finally made, ancl with, under, and subjeet to such directions, powers, and terms as t h e Court shall direct.

XLVITI. If in any action commenced in the Suprcme Court, i t shall be made to

~ u l s ta givo .effect

t o the 10th Section of appear by afidavit upon motion to the Court or a Judge thereof after summons, that

Ordinance of l7th such action is brought for any debt, or sum certain, recoverable in any Resident

Navember# 1897* Magistrate's Court instituted by the Ordinance passed on the 17th day of Norember,

1837, For establishing Courts of Resident Magistrates, i t shall be lawful for the Court, or a Judge thereof, either before or after judgment by default, to order all proceed- ings in gnch action to be stnyed, on payment of the debt or sum suedfor, without cwts; and further to order the defe~dant to be discharged out of cuslody, if Le shall have been taken in execution in any such action: Provided that no such rule or order shall be made in any action where application shall not be m d c to tho Court

or a Judge within a reasona.ble time after the defendant has notice of the proceed-

ings in ,such action.

XLTX. The action of ~jjcctment shall bc commcnccd 'by declaration, which may be Proceedingsin ejecb

in the form set forth hereunder, and may be entitled on the day of service thereof, m&.

or any day not exceeding twenty-eight days previous thereto, and may be served at

any time; and in c a s x where the declaration has been served personally on the tenant in posscusion, whercvor the service may have been, or upon the wife of the tenant at his dwelling-house or place of business, or upon the premises in question, the plaintiff ahall be entitled to move at any time after six days from the time of ser~ice,

and before the last day of the ensuing term, for, a rule for judgment against the

casual ejector, upon an affidavit of such srrvice, and such rule shall be drawn up, as a matter of course, and entered or filed in the Supreme Court Office. I n other cases, a rule for judgment against the casual ejector shall only be granted upon a special application to the Court, or n Judge thereof; thc tenant shall have thc like number of day8 after the entry of such rule, to appear and plead in the action, as the defendant

h, ~ s to apgcsr and plcsd in other casca uftcr service of proccsu.

Notwithstanding the preceding rule, aparty entitled to appear to a declaration in ejectment, may appear and plcad tlwreto at any time afler scrvicc thereof as aforesaid, and may proceed to compel the ~laintiff to reply, or may sign judgment of non pros, notwithstanding the plaintiff may not have obtained a rulc for judgment against the carnal ejector on such service of declaration, and a plaintiff who may have omitted to

obtain a rule for j u d ~ ~ n e n t within the timc prescribed by the present rules, shall bc

entitled, on production of such plea, to an order of a Judge for leave to draw up a rule for judgment, as of the tirnc at which such rule for judgment should have been obtained.

In the mode of appmring. in the form of the consent rule, and in the mode of

roceeding generally in the action of ejectment, the forms and manner ofproceeding

I3cr Majesty's Superior Courts of Common Law at Wefitntinster, shall be

aa nearly as circunstances will permit, and so far as the7 are nob at variance

express rulc of this Court.

1

FOnM OF DECLARATION IN EJECTMENT.

I n the Suprcme Court.

The day of (the day of The only mriance

from the Form by

Bervke, or any day previous thereto.)	origir~nl used in Eng-
land, is in the d ~ b e

South Australia John Doe, by A. B., his Attorney, complains of ~ i ~ h a r d at the bead of tbe De-

Roc of a trcspas~

and cjcotmcnt; For that C. D. (the namo c*~r&tion+ the omk-

t o wit. aion of the statement

of the Lesaor of the Plaintiff) on the day of of an Attaohment, and

(the day of the demise) dcniised to the said John Doe one Mcssuage, ono in th, time ,h,, the

Dwelling-house, one Cottage, one Barn, one Stable, two Outhu~es, one Yard, tenant ie required to

one Garden, one Orchard, twenty acres d Arable Sand, twent?. acres of

E Meadow

MeadowLand, twenty acres of Pasture Land, twenty acres of Wood Land,

b. (according to the Premises mught to be recovered) with the appur- tenaacea, situate at or near Macgill, in the County of Adelaide (or situate an Section No. in District B, or, as the case may be,) To have and to hold the same unto the said John Doe from thenocforth, for the term of seven years from thence next ensuing and fully to be con~plete and ended;

by virtue of which a i d demise, the aaid John Doe entered into the said ten*

menta, with the appurtenances, and was thereof possessed for the soid term so to him thereof granted; and the said John Doe being aa thereof possessed, the said Richard Roo afterwards, to wit, on the same day and year aforesaid, with force and arms, &C., entered into the said tenements, with the appur- tenances, in which the said John Doe was so interested in manner and for the term aforesaid, which is not yet expired, and ojectcd the said John Doe from his aaid farm, and other wrongs to thc said John Doe then and there did, to the great damage of the eaid John Doe, and against the peace of our Lady the Queen. Wherefore the said John Doe saith that he is injured, and

hsth sustained damage to the value of	pounds and, txrefore, he
brings hia suit, &c.

To Mr. E. F. &c. (the name of the Tenants or Tenant in posses~ion.)

I am informed that you.are in possession of a claim title to the premisea in thia

declaration mentioned, or some part thereof, and I being sued in this action

as a casual ejeotor only, and having no claim or title to the said premises, do

advise you to appear within six days hfter service of this Declaration in Her Majesty's S u p m e Court, at Adelaide, by some Attorney of that Court, and then and there, by rule of that Court, to cause yourself (or yourselves) to bu mado Defendant (or Defendants) in my etead, otherwise I shall suffer Jndg- ment to be entered against me by default, and you will bc turned out of possession.

Yours, &C.,

RICHARD ROE.

&v

dotlm of replha L. All action6 of replevin ahall be commenced by Writ of Summons, out of

to be emmeneed by the Supreme Court, in the form hereunder set forth, and the same rules shall be

d t. observed, in respect of the mode of enforcing appearance, and the manner of appeaz-

Appenranm ance, as in other personal actions.

Dbokntios in m- L1. Declarations in replevin may be in the form hereunder written, and iq

$ h i &	describing the place where the taking is alleged to have been, it shall be sufficient to describe it by any name by which it is commonly known, or as situate in a street, or
number in the Provincial Survey, or by any other description by tvhicb its precise other like place, or as being a Section, or part of a Section of land, mentioning its
situation may be ascertained.

Pb. The ordinary plea of non cepit, 6haU put in issue the fact ~f taking only, and not the place of taking, as alleged in the Declaration, but this rule will not prevent the Defendant from traversing the place of taking, and setting forth the truc placeof taking where the place is material to the defence.

FORM OIF WRIT IN REPLEVIN,

Victoria, bp the grace of God, &C., to C. D. (insert the Defendant's name, place of abcde, and description) Greeting, We command you, that within

d y r

days aftcr fiervicc of this Writ, you oause an appearance to be b e the form of

entered for you in our 6upreme Court of Suuth Aus!ralia, to anrwor to A. B. B Q ~ to be given to

the Sherlff before corn-

(plaintiff's uame) in an action for taking and unjustly detaining his cattle, goods, menEiuC

sud cbattcls (as thc casc may be), and take notice, that in default of your so Replevin, in the &h+ Adion of

doing, the said A. B. (Plaintiff% name) may cause an appearance to be entered dale to the Ordinmc~,

for you, and proceed therein to Judgmcnt and Execution. ti Vict., No. 15, of tb o

Witness, Charles Cooper, Esquire, at Adelaide, the gear 1842,

day of

FORM OF DECLARATION IN REPLEVIN.

In thc Suprcrne Court.

day of

8011th Australia A.. B., by his Attorney, C. D., cornplainsof E. F., who has

to Wit. 1 been summoned to answer the said A. B, in an action for

taking and unjus!ly detaining his cattle, goods and chattlee (as the case may

be) for that the said E. F., on the day of

in a certain dwelling house, in Street, Adelaide, (or in a certain Section of land, numbered 20, District B, or at a place callcd Unley, as the case may be,) took thc cattle, goods and chattels, to wit, (setting out the cattle or goods, as the case may be) of the said A. B., and unjustly detained the same, until &c. wllcrcfore the said A. B. says that he is injured, and hath sustained damage to the amount of pounds, and therefore he brings suit, &c.

NOTE.-The above forms in replevin, are intended as examples only, and must be

T aried according to circumstances.

1411. All writs of F c k e Facias may be tested on the day on which they are issued, Proceedings 5nScire

and made returnable a t any time, and when the defendant can Fe found, the Sheriff F a ~ i a ~ -

shail cause a summons, in pursuance of such writ, to be served upon him, and such surnmonfi being duly served, the Sheriff may make a return of Scire f e d; and in

case the Defendant cannot be found, and it r-hall be so returned by the Sheriff, a

Judge, upon being satisfied of the truth thcreof, by affidavit, may order a copy of the *Summons to be inserted in the Goce~nwwnt Gazette ; and if the Defendant hall not appear within the like number of days aftcr such scrvicc, or after thc publication of such notice in the Gocmnment Gazettc, as he would have to appear in after the ser- vice of any Writ of Summons, Judgmcnt may be signed againat him upon auch de- fault.

LITI. No Scire F a c i a shall be necessary to revive a Judgment less than three N o &ire Facinsne-

yo;lrs d d tbat no Execution sball be sued out on any J u d p e ~ ~ t more than ~ ~ ~ { e ~ ~ r ~ ' $. ~ $ ~;

one year old without leave of a Judge, nor until such verified account shall have old, but t:,e Iwr,

hmn filed, 8s ia after mentioned, with respect to Judgments in pursuance of War- of u Judge necessary

rant. of Attorney, &C,	to take out erecutim	-
one jea~,old.,	on jndgmen t inoretba~

Affidavit of debt to

LLV. Where Judgment shall have been, or shall be, entered up in pursuance d a be filwi saiq

Wl~rrant of Attorney, or Cognovil Actionem, the Plaintiff, or his Attorney, ehall, ,,,c,,ion

before suing out Exccution, file an account in the Court, of what is justly and bono mellts ~?y confc,srjion or

j& due and payablc to him under ~ u c h Judgmcnt, which account shall be verified on by defaylt, when a w r i t

tho oath of the Plaintiff, or (if he be ab~en t from the Colony, or uuder oircumst;Lnces of eW1"'Y is not QW

to be allomcd as sufficient by a Judge) on the oath of his Agent or Attorney, to the b t of such Agent's or Attorney's belief, and a similar account, verified in like man- nsr, hall be filed before any Exccution shall be sued out after Judgment by default in debt, in any case where no writ of enquiry sball be executed,

GENERA&

t a

BENPEAL ZORM Ol? WRIT OF SCIRE FACIAS?'

Victoria, &c-, To the S1.criff of South Australia, Greeting.

Whereas A B, lately in our Supreme Court, a t Adelaide, by the Judgment of

tho same Court, recovere3 against C L) pounds for his damages, which bc had sustained, as well on occasion of the not performing cer- tain promises then lately made by thc said C D to the said A 3, ns for his covts and charges by him about his suit in that behalf expended, whereof the finid C D is convicted, as by the record thcreof, still remaining in the same Court manifestly appears. And now, on behalf of the slid A B, mc are in- formed, that although Judgntent be thereupon givcn, yet execution for the dama.ges aforesaid still remains to be made t o him; whercforc, mc being milling &hat what is just in this behalf should be donc, comm:~nd you that you make known to the said C I), that he be bcfore thc Judgc (or Julges) of our said Court, a t Adelaide, forthwith, after being summoned by you, to shew if he has or knows anything to say for himself why the said A B ought riot to have Execution against, him for the damsges aforesaid, togcther with interest thereon, at tbe rate of pounds per centuin per annurn from

the day of in the year

of Our Lord on which day the Judgment aforesaid was entered up, according to the force, furm, and effect of 'the said

recovery, and in what rilanricr you shall cxccutc this our Writ, make appear

t o the said Judgc (or Judges) in thc mid Court, a t Adelaide, forthwith, after

the execution hereof, and have therc the11 this Writ. Witness, &c.

The form of this Writ, which is framed for an Actiou of Assumpsit,

may be varied as circumstances shall require.

SHERIFFS SUXBIONS O N THE ABOVE RTRIT.

Bmzth Australia By virtue of Her Majesty's Writ, to me directed a@

To Wit. 1 delivered, I hereby mrnmori you, that you be before thk

Judgo (or Judges, as the case may bc) of Hcr Majesty's Supreme Court, a t

Adelaide, forthwith, after service of this Summons, to s l~ew if you have any thing to say for yourself why A B ought not to have execution against you for

pounds for his damagcs, togcther v i t h interest thereou, at

pounds per centum per annum, froin the day

@F according to the force, foxm, and effect of 8

ser4ain recovery by $he said A B, against you. Given under my hand, &c.

C. B. N, Sheriff.

To Mr C D, of, &c.

Erd*- LV. I t shall bc Iawful for tho Supreme Court, and the ~evera l Judges thereof,

l*bnV"	TwawM'	in merp action depending therein, upon the application of any of the parties to the
m& (Q order the examination an a-th, upon ioterrogatorics, or othoraiae, before
the mwbr of the said Court, or other person or perllona to he named in the order, of m y witnesse$ within the jurisdiction of the Court, or to order a commis&n to issue
4	&P the examination of witnesses ou oath, a t any place out of such jurisdiction, by inhrrsgatoriss, or otherwisc, and by the same or any subsequent order or orders, to
give ell auoh directions touching the time, place, and manner of such examination as
rf&l within the Jurisdiction of the Court as without, and all other matters and oir-
cumstanccs connected with B U C ~ examination as may appear reamnable and just. T T I T

Power to command

LVI. Where any Rule or Order shall be made for the examination of Wit- nesses within the Jurisdiction of this Court, under the authority of the preceding attendance of witness

befor0 Examiner, an

Rule, i t shall be lawful for the Court, or any Judge thereof, in and by the first Rule	the production of doeu-
or Ordcr to be made in the matter, or any subsequent Rule or Order, to command the	ments.
attendance of any person to be named in such Rule or Order, for the purpose of being examined, or the production of any writings or documents to be mentioned in such Rule or Order, and to direct the attendance of any 6uch person to be a t his

Disobdience of rule

own place of abode or elsewhere, if necessary or convenient so to do; and the wilful or order 8 contempt of

disobedience of any such K-ule or Order shall be deemed a contempt of Court, and	Court.
proceedings may be thereupon had by attachment if the time and place of the re- quired attendance be mentioned in any such Rule or Order; or if an appointment of the time and place of attendancc in obedience thereto, signed by the person or per-
e m s appointed to take the examination, or by one or more of such persons, shall be
also served, together with or after the service of such Rule or Order, provided
that the personal service of such Rule or Order and appointment of the

time and place of the required attendance, be made on the person whoso Witnees entitled t o

condnot-mone and

attendance is recluircd a, reasonable time before the time a t which be is required to	payment for expenes
attend: provided also, that cvery person whose attendance shall be HO required, shall be entitled to the like conduct-money and payment for expenses and loss of time as	and lose of time.

Obliqation to pro-

upon attendance at a trial: Provided also, that no person shall bc compelled to pro- duce documents eamc

duce, under auy such Rule or Order, any writing or other document that he would not m d, "	trial.
be compellable to produce at a trial of the cause.

LVII. It shall be lawful for the Sheriff or any Gaoler or other Officer having the cuatody of any prisoner, to take such prisoner for examination, under the authority of b'ougbt UP for exami- Persons may Le

the preceding rule^, by virtue either of a writ of ?ideas corpus, to be issued, or of a nation	witnesres.
rule or order to be made for that purpose by this Court or any Judge thereof.

LVIII. The examination of witnesses, by virtue of any rule or order as aforesaid, ~ ~ ~ of wit- ~ i , , ~ ~ i ~ ~

may be taken upon oath or otherwise, as in cases of trials a t law, and the oath or nesses may be on oath

affirmation, as the case may require, may be administered either by m y Judge of illis	or otherwise.
Court, or by the person or persons authorized to take the examination.

LIX. I t shall be lawful for the Master, or any person to be named in such rule or , , ; , , E ,,k,

order for taking any examination, to make, if need be, a special report to the Court special re rt of tile P"

touching such examination, and the conduct or absence of any mitness or other persons conduct 0	witnesses.
therein or relating thereto, and the Court may institute such proceedings, and make such order or orders upon such refusal, as justice may require, and as may be insti- tuted and made in any case of contempt of Court.

LX. The costs of cvery such rule or order, to be made for examination of wit-

coste of rule for ex-

nemes under any commission or otherwise, and of the proceedings thereupon, shall be amination of witneeses

costa in the cause, unless otherwise directed by the Judge making such rule or order, and of ~ r 0 d i n g. s

thereunder, to be gene-

or by the Judge before whom the cause may be tried, or by the Court. rally costs in the cause.

LXI. No examination or deposition to be taken, by virtue of the preceding a,, in ,,

rules, shall be read in evidence a t any trial without the consent of the parby s ainst amination is not to be

whom the same may be offered, unless it shall appear to the ssti~faction of the 9 udge read in evidence-

E that

tbat the examiuant or depanent is beyond the jurirrdiction of the Court, or dead, or unable from permanent siokness or other permrtnent infirmity to attend the trial, in &l1 or any of which oqaes, the examinations and depositions, certified under the hands of the Commissioners, Master, or other person taking the same, shall and may, without prwf of the signature to such wrtificate, be received and read in evidence, saving all just exceptions.

Not necessary to LXIT. I n order to proceed against any person for contempt, in disobeying any

runke order of Judge such order of a Judge, relating to the examination of witnosscs, as aforesaid, it shall

e rule of Court. As to this and the not be necessary that such order shall be made a Rule of Court.

seven wading rules,

me 1 J; 4 0 2 2.

Proceeding to be GXIII. h any w e where the Court m a ~ r think i t expedient to have any question

ha$ in the plaoe	Of'	of fact decided by a Jury, it shall be lawful for the Court to direct a writ to be sued
f'eigned issue.
out by such person or persons as the Court shall think ought to be plaintiff or plaintiffs, agaiust such person or persons arr such Court shall think ought to be defendant or defendants therein, in the form hereunder written, with such alterations and addi- tions, and upon such terms and conditions, as the Court may think proper, and there- upon all the pocwdings shall go on and be brought to a close, in the same manner as is now practised in proceedings under a feigned issue.

FORM OF WRIT.

South Australia Whereas divers goods and chattels were, on the

To Wit. 1 day of scizcd and taken

in Execution by the Sheriff of South Australia, as and for the goods of one E. F., under and by virtue of a, certain Writ of Fie& Facias issued out of this Ronorable Court, on the day of by one C. D., against the goods and chattels of the said E. F., and directed and de- delivered to the said Sheriff: And whereas, A. B., the Plaintiff in this suit, affirms, and tho said C. D., the Defendant, denies, that the said goods and chattels were, at the timv of the delivery of the said Writ of Fieri Facias to

the said Sherig the goods and chattels of the said E. F.; and the Court i ~ l

desirous of z@certai~ing the truth by the verdict of a Jury, and both partiea

pray that the same may be enquired by the Country: Now let a Jury, &c.

(The form of this Writ may be varied according to the circumstances of the

ease.)

N.B.-The Writ may be ccnducted as an ordinary Writ of Venire Facias.

The Jury to try the issue by virtue of this Writ, shall bc the Jury returned by

the S h d under the general Writ of Venire Eiacias, or a special Jury, aa the

cwe may require.

No other record shall be necessary than the said Writ, which shall be left in the Supreme Court Office at the time of entering the Cause for Trial, and the Verdict, and subquent Proceedings, sh Jl be entered thereupon, as in other

cases.

LXIY. In

LXIV. I n the case of such Proceeding as last mentioned, as well as ia any other case, i t shall be lawful for the parties in any Action or Information, by aonsent a ~ d Statement of Speoial

C&pe for the opinion of

by order of any Judge of this Court, to state the facts of the case in the form of a Court.

special case for the opinion of the Court, and to agree that a Judgment shall be en- tered for the Plaintiff or Defendant by confession or nolleprosepzdi, immediately after the decision of the case, or otherwise, as the Court may think fit, and Judgment

shall be entered accordingly.

LXV. The statement that Indictments in bhe Supreme Court are upon the prose- Form of Statement

cution of Her Xajesty's Advocate General, may bc made thw :-"Upcm the proaeau- to be made that In- tion of W. S., Esquire, Her Majesty's Advocate General for South Australia, acting ~~~~~~~f~~~' for and on behalf of Her Majesty; i t is presented as follows-that is to my :-South G ~ ~ ~ ~ ~ ~ ,

Australia to Wit. The Jurors of Our Lady the Queen, upon their oath, present, &C.''

I n making up Records of Judgments or Indictments the form may be thus :-	of And	Judgment	form of	on	eatay	re-
cord.

South Australia Be i t remembered that on the day of

before A. B., Esquire, one of the Judges thereof) upan the oaths of good and	Queen, before the Judge (or Judges) thereof (or if before one of several Judges, To Wit. l in the Suprcme Court of our t ady tb
lawful men of South Auctralia, then and there sworn, and charged to enquire for our said Lady t h e Queen: It is upon the prosecution of W. S., Esquire, Her Majesty's Advocate General for South Australia, acting for and on behalf of Her Majesty, presented as follows: that ie to say-South Australia to Wit, &c. Copy indictment, &c.

LXVT. On the last day of every Term, or within eight days thereafter, and as

often ss the Court or any Judge thereof shall direct, a Schedule of all Pines and a"dF0rfeitUres*

l<ecognizances, set, imposed, or forfeited during such Term, or at any Sitting or SoheduleofallFines

Sessions by or before any Judge or Judge8 of the Supreme Court, and not included &C., ;to be made out

Recovers of

in any prcvious Schedule, shall be made by the Chief Clerk or Master sitting eyer~ Term.

therein, at the time such Fines or Recognhances respectively shall have been im- posed or forfeited, which said Schedules shdl, contain the Names and Residences, Trade, Profession, or Calling of the parties, the amount of the sums forfeited by each respectively, and the cause of such Fines or Forfeiturcg and ahall be signed by the Chief Clerk or Master respectively, and versed by hie, dedaratinn made. before a ?Judge of the said Court, setting forth that such Schedule has been by suoh Master

or Clerk carefully made u and examined, and that all Fines and Grfeitad Recog-

nizance~, imposed and for f eited during the last Term or Sitting or Ses&on of the

Supreme Court, as the case may be, are, to the best of his knowledgq,therein inserted

and contained, and every such Schedulc shall t h e r e u p he filed as of caard in the

said Court.

LXVII. The Master or Chief Clerk shall, immediately after any such Schedule summo,~ to be ia-

shall be filed aa aforcaaid, issue out of the office of the aaid Court, and deliver to the sued thereupon by

Sherifl, Master or Ohief Olerk.

Sheriff, a Summons against the several persons named in the Schedule before men- tioned, and every such Summons shall be tested, signed, and ~ealed, as other precess of the Court, and shall be in the form hereunder.

Sheriff to arm Sum- LXVIII. The Sheriff shall cause every such Summons to be served by causing a

mon. tn b snmd. mitten demand and Summons, in the form hereunder mitten, to be delivered per- sonally to the several persons named in such summona, or by causing the same to be left at their respective dwelling-houses, or places of abode, at the least fourteen days before the first day of the next elrsuing Term, and shall duly return the Writ into the office of the Court, according to the exigency thereof, together wit an account of dl sums collected and received by him for rtuch fines and forfeited recognizances.

8ahedule msde out LXIX. On the firet day of the ensuing Term, every such Schedule of fines and

bl W 'OF Clerk to forfeiturea so made out by the Master or Chief Clerk, as aforesaid, shall, by the

be h g h t into Coart

the firat dry of ensuing	Master or Chief Clerk, be brought into Court, and the Sheriff shall also attend the
Tarn,	said Court and answer such questions as shall be put to him respecting such fines and forfeitures, and the names of the several parties against whom any fines or recog-
niwmcea shall therein be set, which shall not have been paid to the Sheriff, shall be
called; and unless such parties respectively shall show good and sufficient cause why the said fines and forfeited recognizances should not be paid to the use of our Lady the Queen, the Court shall direct the Master or Chief Clerk to issue and deliver to the Sheriff a Writ of l i i ' e r i Facias for levying the same, and in like manner on a return by the Sheriff of the Writ of Fiera' Facias, certifying that any of the parties therein mentioned have no effects whereon the Sums set against their respective names can be levied, a Writ of Capias shall issue against the parties in default, and such Writs shall be in the respective forms set forth hereunder, and be executod by the Sheriff according to the exigency thereof respectively.

Victoria by the Grace of God, &c.

To our Sheriff of South Australia, Greeting,

Porm ofSummonr to We Command you to demand of the several persons named in the Schedule

nhcw awe why h e r,	hereunder written (or annexed hereto as the case may be), the several fines,
Ilrc, rhodd not be	forfeitures, and sums of money set against their respective names as due to
leried by prooau, ofthe	us for the several causes specified in the said Schedule, and that you summou
Cmt.	auch of them as shall make default in payment thereof to appear before our

' Supreme Court, at Adelaide, on the day of

(the first day of Term) at ten o'clock in the forenoon, then and there to show cause why the same should not be levied by process of the Court, and have there then this Writ and all sums of money received by you in pursuance thereof. Witness, &c.

(Signed) CL~BK, OR CHIEF CLERK, OF THG

SUPREME C o m ~.

ECHEDULE

1st

SCHEDULE REFERRED TO.

Names of Persons of whom Amount of Sums to h

Rnes and Forfeitures are Causes of Fines and Forfehures.

to be demanded. demanded.

- --

John Williams, of Thirty Pounds For so much money acknowledged

by him to be due to us by a certain

recognizance entered into by him, on the day of under

a condition, that one Thomas Jonea

should appear a t the then next Criminal Session of the Supreme Court, to answer to an indictment to be preferred against him for a certain felony, and forfeited by reason of the non-appearance of the said Thorn- Jones, according to the said condition,

James Fowler Ten Pounds For Fine imposed upon the said James Fowler for his default in not appearing as a juror st the last Criminal Sesaion of the Supreme Court.

P

(Signed) Clerk of the Surpreme Court.

Form of Demeild and TO , on behalf of Her Majesty I hereby demand

by the of you the payment of the sum of (set forth the cause of fine or

forfeiture as in the Schedule to the Writ of Summons), and in default of your ,-

paying the same to me before the day of (the return day of the writ), I hereby summon you to appear before the Supreme Court on the said

day of (return day of the writ), at ten of the clock in the

forenaon, then and there to shew cause why the same should not be levied by pro-

cess of the Court.

Given under my hand and seal of office the day of

CHAELES BURTON NEWENHAM, Sheriff.

Victoria, &c.

To our Sheriff of South Australia, Greeting-

poW of writ of ~ i 'CfQE ~

command you, that of the goods and chattels, lands and tenements, of the made th i several sums of money set against their respective nrtmei as due to us for the several causes mentioned in the said schedule, and whereof they are severally convicted as appears to us of record, and have the said several sums of money in our said Supreme Court, on the day of to be rendered to us, i

Fmia~,	to levy Fines, several persons named in the schedule hereto, in your bailiwick, you cause to be
&c.

and have there then this writ. Witness, &c.

(Signed) Clerk or Chief Clerk of the Supreme Court.

[Schedule as in the Writ of Summons.]

I

Victoria, &c.

To our Sheriff of South Australia, Greeting-

Form & ulrit of ca- Whereas, by our writ we lately commanded you, that of the goods and chattels,

p ~ s q an Avati&cien- lands and tenements of the several persons named in the Schedule hereto in your

dam, for the Beeuveiy bailiwick, you should cause to be made the several sums of money set against their

of Fines. respective names, as due to us for the several causes rrientioned in the said schedule, and you the said Sheriff, at a certain day now past, returned to us that the said several persons had no effects in your bailiwick whereof you could cause to be made the several sums of money, or any part thereof: you take the said several persons and safely keep them, so that you may have their Therefore we command you, that bodies before our Supreme Court, at Adelaide, on the day of

to satisfy us the said several sums of money aforeaaid, and have you there then this

writ. Witness, &c.

(Signed) Clerk, or Chief Clerk of the Supreme Court.

[Schedule as before.]

The above Rules are made by me this fifteenth day of February, 1850.

CHARLES COOPER, JUDGE.

SCHEDULE.

S C H E D U L E.

I N THE SUPREME COURT.

Forms of Writs under Ordinance, No. 9, 1845.

IN pursuance of an Ordinance of the Governor and Council of this Province, passed on the tenth day ot July, one th ~uvand eight hundred and forty-five, entituled &'An Ordinance for adopting in South Australia certain parts of an Act, made rind "passed iu the Imperial Parliament, which was held irr the first and second years of

Her present Majesty, intituled, ' An Act for abolishing arrest on mesne process in Civil Actions, except in certain cases; for extending the remedies of creditors

L L i against the prdperty of debtors; and for amending the Laws for the relief of In-

&' ( solvent Debtors in England: ' "

I t is Ordered, that the forms of writs of Jieri facias, hereunder set forth, shall

be adopted in the several cases to which the same shall be applicable.

CHARLES COOPER, Judge.

No. l.-.Fi fa. for Raintzfl in Assumpsit.

Victoria, by the Grace of God, of the United Kingdom of Great Britain and

Irela~icl, Queen, Defender of the Faith, to the Sheriff of South Australia,

Greeting:

WE command you, that of the goods and chattel3 of C. D., in your bailiwick, you

cause to be made ;E , which A. B., lately in our Supreme Court, at Adelaide,

recovered against far damages, which had sustained, ss well on occasion of the not performing certain promises and undertakings then lately made bp the said C. D. to the said A. B., as for costs and charges bp about

suit in that behalf expended, whereof the said C. L). is convicttd, as appears

to us of record, together with interest upon the said sum of at the rate of

five p o a d s per centum per annum, from the in the

year ', on which day the judgment aforesaid was entered up, and that day

You have that money, with such interest as aforesaid, before the Judge (or Judges)

of our said Supreme Court, at Adelaide, immediately after the execution-thereof, to be rendered to the said A. B. for damages and interest as aforesaid; and that

you do all such things as by the Ordinance passed on the tenth day of July, in the

year of our Lord one thousand eight hundred and forty-five, you are a u t h o r i d and required to do in this behalf, and in what manner you shall have executed this our wfit, make appear to our said Judge, at Adelaide, immediately after the execution thereof, and have there this writ.

Witness Charles Cooper, Esquire, at Adelaide, on the day $

of in the year of our Lord one thousand eight hundred and

No. 2.

No. 2.-1Fi. fa. for the Plaintif in Debt.

Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the Sheriff of South Australia, Greeting:

WE homrnrrnd you, that of the goods and chattels, in your bailiwick, of C, D., you cause to be made m well s certain debt of £, which A. B. lately. recovered against him in our Supreme Court, at Adelaide; as also 3 , which in our same Court were awarded to the said A. B. for his damages which he sustained, as well on occasion of detaining the said debt as for his costs and charges by him about his suit in that behalf expended, whereof the said C. D. is convicted, as appears to us of record; and have you that money as aforesaid, before the Judge (or Judges) of our said Supreme Court, at Adelaide, immediately after the execution hereof, to render unto the said A. B. for his debt and damages aforesaid; and that you do all such things ss by the Ordinance passed on the tenth day of July, in the year of our Lord one thousand eight hundred and forty-five, you are authorised and required to do in this behalf, and in what manner you shall have executed this our writ make appear to our said Judge (or Judghs) immediately after the execution thereof, and have you there then this writ.

Witness Charles Cooper, Esquire, at Adelaide, the day of >

in the year of our Lord one thousand eight hundred and

T h i s writ must be endorsed to levy the amount actually due, including costs and interest thcreon, at the rate of S5 per centum per mnum from the day of signing judgment, which day is to bc pticulnrly mentioned in the endorsement.

hTo, 3.-Fi. fa. on a Rule or Order J;)r the payment of Money.

Victoria, by the Grace of God, of the Uuited Kingdom of Great Britain and

Ireland, Queen, Defender of the Faith, to the Sheriff of the Province of

South Australia, Greeting:

WE command you, that of the goods and chattels of C. D., in your bailiwick, you

cause to be made % which lately, in our Court, before the Judge of our Su-

preme Court at Adelaide, by a rule of our said Court, entituled

whereby the said Court ordered to be paid by the said C. U. to A. B, and that of the said goods and chattels of the said C. L)., in your bailiwick, you further cause to be made interest upon the said sum of 3 a t the rate of five pounds per centum per annum, from the day of. in the year on which QRY the said rule was made; and have that money, together with wch in- terest as aforesaid, before the Judge (or Judges) of our said Supreme Court, at Adelaide, immediately after the execution hereof, to be rendered to thc mid A. B. for the said sum of money so ordered to be paid by the said C. D. to the said A. B., and for interest as aforesaid; and that you do all such things as by the Ordinance pmsed on the tenth day of July, in the year of our Lord one thousand eight hundred and forty-five, you are authorised and required to do in this behalf, and in what manner you shall have executed this writ make appear to our said Judge (or Judges), at Adelaide, immediately after the execution thereof, and have you there then this writ,

Witness Charles Cooper, Esquire, at Adelaide, this day of

in the year of our Lord one thousand eight hundred and

No. 4.

No. 4.-Fi. fa. on a Rule or Order for the payment of Money and Costs.

,

I

Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the Sheriff of South Australia, Greeting:

WE command you, that of the goods and chattels of C. D., in your bailiwick, you cause to be made, 5 which lately in our Supreme Court, at Adelaide, by

g rule of our said Court, entituled whereby the said Court ordered to be

by the said C. 1). to A. R., together with the costs of the said rule, which mid

covtv were afterwards, on the day of in the year one thousand

eight hundred arld , taxed and allowed by our said Court at the sum of

L and that of the said goods and chattels of the said C. D. in your bailiwick, yon further cause to be made interest upon the said two several sums of ;E and s and at the rate of five pounds per centum per annum, from the said

day of in the year one thoi~sand eight

hundred and ; and have that money, together with such interest as aforesaid, before the Judge (or Judges) of oilr neid Supreme Court, at Adelaide, immediately after the execution hereofj to be rendered to the said A. B., for the said sum of Money so ordered to be paid by the said C. D. to the mid A. B., and for

costs and interests as afbresaid; and that you do all such things as by the Ordintincc

passed on the tenth day of July, in the year of our Lord one thoucland eight hundred and forty-five, you are authorised and required to do in this behalf, and in what manner you shall have executed this our writ make appear to our said Judge (or Judgcs), at Adelaide, immediately after the execution thereof, and have you

there then this writ.

Witness Charles Cooper, Esqnire, at Adelaide, this day of

in the year of our Lord one thousand eight hundred and

NOTE.-Thc form ofwrit of$eri.facias provided for the action of assumpsit, will bc applicable to

other forms of action, except that, in~tead of the words CL on occasion of the not perforlnirig certain promises made by the said C. 1). to the said A. B." the words appropriate to the particular form of

, action are to he used, as for example-

I n Covmnant-M On occasion of the breach of a certain covcnant (or covenants) m d e 11y the said

C. D. to the said A. B."

I

61 case or I'rover-"

On occasion of a certain ,gievance (or grievances) then lately committltd

bythe said C. L). against the said A. B.''

I n T ~ e s p a s s - ~ ~

On occnsion of a certaiu trcspass (or trespasses) then lately committed by the said

C. D.

aguillst the said A. B."

I

NOTE-Also, by the 8th section of the Ordinance abobove ment'oned, the Sheriff is empowered,

by virtue of wery writ of' jeri f t r c k ~ s deli~ercd to Idm, to cciw and take any money, or Bank

note^ (whether of the Governor snd Company of the Bank of Englanc or of any other Bank), and snp cheques, hills of exchange, promissory notes, ~ I J T I I ~ S, spccialties, or other scc~uitiesfor moncy,belonging to the person against whom such writ of j i e r i f u c m s h d bc sued out.

CHARLES COOPER, Judge.

RULES MADE BY CHARLES COOPER, ESQUIRE, JUDGE OF TI-TE SUPREME COURT OF SOUTH AUSTRALIA, I N MATTERS OF

INSOLVENCY.

[23th day of June, 1841.

1- I t is ordered, that the petition of every Imprisoned Insolvent Debtor fo~relief. under Petition of 'hpr iso~~e~l

the Act made and passed in the 5th year of Her present Mojesty'sreign, No. l,

shall be ~

.

~

~

~

~

~

;

~

~

~

~

~

~

attested

attested by the Governor or Keeper of' the Gaol in which he may be confined, and such Governor br Keeper shall certify that the causes of detention stated in the

petition of ~lwh W~dven we t true,

Fonn of Certzficate.

1, Willi- Baker Llshton, Govefnor of the Gaol of the Province of Swth Anatrt~lia, hereby cer-

tify that the name (	) subscribed to the above petitiam, is of the handwriting of
(	stated in such petition are true.

) now a prisoner within the said Gaol for debt, aud that the causes of detention

[26th day of June, 1841.

Proceedings upon the II. It is ordered th& Insolvent Debtorswho may be desirous of being discharged from

discharge of Insolvent custody, upon the terma of finding two sufficient sureties for their appearance before

Debtor from custody

on h d i n p baiL the Coun or Commissioners from time to time until their final discharge, in pursu- ance of the provision made for that purpose by the Act of Council of this Provihce, passed in the 5th year of Her present Majesty's reign, No. 1, shall obtain a summons, calling on their detaining creditor or detaining creditors to shew cause why the petitioner should not be discharged on finding such sureties as aforesaid; and a cop7 of such summons shall be served two clear days at least before the day appointed for the hearing of such application; and at the time of serving such summons, notice in writing of the nameg, occupations, and residences af the persons proposed as such sureties, such notice being signed by the petitioner or his attorney, shall be given to the attorney or attorneys of such detaining creditor or detaining creditors.

[30tb day of June, 1841.

As to wearing app- !If.

I t is ordered that every petitioner shall, at the time of presenting his petition, such Insolvent and his or her family, and the working tools and implemects of such Insol~ent, not exceeding in the whole the value of thirty pounds, which he intends to except from the operatiou of the Act.

rel,	&c*, of	specify at the bottom thereof, the wearing-apparel, bedding, and other necessaries of
Insolvent.

[30th day of June, 1841.

AS to notice of filing IV. I t is ordered, that notice of the filing of every petition, and of the time and place

Petition. appointed for the hearing of the matters thereof, shall be given to creditors and per- sons c l a n g to be creditors, whether the debts are admitted or disputed, in the following manner :-

1st-h all cases, by advertisement published in the Government Gazette of this

Province, twenty-one days at the least before the day of hearing.

2nd-By personal service of a notice of the order for hearing, made fourteen

days at least before the day of hearing, upon the attorney or agent of evyV

detaining creditor suing by attorney, or upon every detaining creditor

in person. .

3rd-By the like personal service upon every creditor for £50 or upwards,

residing within seven miles of the Supreme Court House ,in the City of dela aide^

Note-Delivery of the said copy to the wife, clerk, or servant of the party, at the usual place of

a y e Or buaine~le of aoch p*, or where the party is assignee of a bankrupt, to the solicitor of

or his clerk of wmant, at the usual place of business of such solicitor, shall be deemed e P -

valent to personal eemca

V. It

[6th day of July, 1841.

V. I t is ordered, that in all cases where an order ofthis Court (or of any Judge What a wfgcient m-

thereof), is made for the discharge of any imprisoned Insolvent Debtor from custody ,in

pursuance of the provision of the Act of Council made in the 5th year of the reign of m I m a 8 0 n ~ ~ ~ ~

Her prevent Majesty, No. l, the presentation of such order, and the delivery of a

copy thereof to the person in whose custody the said debtor may then be, shall be

sufficient warrant for the discharge of such debtor.

,

[fl lat day of August, 1841.

VI. I t is ordered, that every Insolvent petitioning the Court for relief by at- As to retainer of At-

torney, shall retain such attorney in the following form :- torney bp Insolvent.

I, (A.B.) do hereby retain Mr. (C.D.) to ac: for me as my Attorney in the hsolvency Court,

and I do hereby declare that he is employed by rnc at my own request. Dated this

Signed ( 1

And that every Insolvent's Attorney shall accept such retainer in these words-

I, (CD.) hereby accept the above retainer, which was signed by (A.B.) the said Insolvent, in my

presence. Signed ( )

And it is further ordered, that no other attorney shall appear to act in behalf of the

said petitioner without an order of this Court granted after summons (directed to the

attorney previously retained) to shew cause.

C2lst day of August, 1841.

VII. I t is ordered, that in all cases where a creditor intends, eitherin person or by attorney, to oppose the discharge of any Insolvent, notice of such intention shall be ditor of hie intention g, by C,,-

entered at least four cloar days previous to the hearing of the Insolvent, in a book to to OPPM anInsol-

be kept in Court for that purpose. vent's discharge.

[23rd day of Auguat, 1841.

VIIT. I t is ordered, that from and after this date, no schedules shall be filed by As to Insolvent's

Insolvent Debtors unless prepared in conformity with the blank form approved of by the Court.

[22nd day of September, 1841.

I t is ordered, that every Insolvent, petitioning the Court for relief, shall, within fourteen days after the presentation of his petition, file in Court a full and true ~ent'sestateandeffects A schedule of Insol-

IX.

schedule of his estate and eEects; and that the day of hearing the Insolvent on his ptiton to be filed before his

petition shall not be appointed until snch schedule shall have been filed. to be heard.

CHARLEB COOPER, Judge.

SOUTH AUSTRALIA.1H THE SUPREME COURT.-INSOLVENCY.

I

Schedule of Fees appointed to be taken by Commissioners and others, in

pursuance of the Ordinance 5th Victoria, No. 1, and of the Ordinance

7th and 8th Victoria, No, 5.

I

Upon the issuing of every fiat upon the petition of any other person

r	e,
Out

d.

than an imprisoned debtor, or his detaining creditor, the sum in

that behalf mentioned in the Ordinance, 5th Vic., No. 1, viz. ......

10 0 0

I

Out of ths produce of the estate of each imprisoned insolvent debtor

S	againet whom a fiat shall issue on his own petition, or on the petition of his detaining credit~r, the rum in that behalf mentioned in the
Ordinance, 7th and 8th Victoria, No. 5, viz.-l0 per cent. on
the +&nt of the uet produce, so that such per centage shall not
h the whole exceed the sum of Ten Pounds.

Upon filing every petition, by an insolvent praying to be discharged ...

Upon every fiat. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

Filing and advertising every drcl~ratiort of insolvency .........

For drawing and inserting any other advertisement, besides the expense

of advertising when required to be done .. .. .. .. .. .. .. .. ..

Upon receiving and filiug every pctition against a person having com-

qitted an act of insolvency .. .. .. .. .. .. .. .. .. .. .. ..

For every summons of the insolvent, or'other person .........

For every person examined, or document produced .. .. .. .. .. ..

For every examination taken, per folio ot' ninety words. .. .. .. .. .. .

For taxing costs, same as in the Supreme Court Office.

For every necessary application in writing, hy petition or otherwise to

the Supreme Court or a Judge thereof, not herein otherwise men-

tioned. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

For every warrant of attachment of moveable property. .. .. .. .. .. . For every certified extract from, or copy of, proceedings relating to in-

solvent eststes, of less than ninety words. .. .. .. .. .. .. .. .

And above that number, per folio .. .. .. .. .. .. .. .. .. .. .. ..

For every inspection of books, papers, or proceedings in each estate,

not exceeding half an hour .. .. .. .. .. .. .. .. .. .. .. ..

For every additional half hour .. .. .. .. .. .. .. .. .. .. .. .. .. .

For recording every adjudication of the C o ~ r t or Commissioner, or

making any minute of proceedings at any meeting of creditors ...

To Commissioner for presiding at meeting of creditors in estates

appearing to be under f 100 assets... .. .. .. .. .. .. .. .. ..

In estates appearing to be above that sum .. .. .. .. .. .. .. .. ..

For every proof of debt, to be paid by the person offering i t	.. .. ..
For swearing every affidavit, to be paid by the person sworn	......

For every affidavit filed, to he paid by the person using it .. .. .. .. .

For every warrant for apprehending an insolvent	.. .. .. .. .. .. .. .
For every warrant of commitment of any person	.. .. .. . .: ....,.

For every fiat annulled .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

.. .. .. .. .. ..

For every petition dismissed, with consent of creditors

For the allowance of every certificate by a ComnJ&oner .. .. .. .. .

For confirmation of the same by the Supreme Court .. .. .. .. .. ..

To tipstrlff or officer for bringing up a prisoner before the Court or

Commissioners, and taking him back to prison .. .. .. .. .. ..

For enquiring into sufficiency of securities and taking bond, exclusive

of costs of preparing .. .. .. .. .. .. .. .. .. .. .. .. .. .

For making every attachment of person or property-The same as paid

for eervice of civil process of the Supreme Court.

C Ror making inventory and report to the Commissioner, not exceeding

If' five foliw, of ninety words each .....................

For eveq addition4 folio ..............................

S a. d

Copyof ditto .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 0 2 6

For every additional folio beyond five .. .. .. .. .. .. .. .. .. .. . 0 0 6

Allowance per day to person left in charge by direction of Commissioner,

when necessary .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 0 3 0

The above schedule is to come into operation from the time of the publibation

thereof in the Govemmenl Gazette, and the fees therein mentioned are to be paid

by the persons, respectively, for whose benefit, or at whose instence, the matters in

respect of which they are appointed to be paid, axe done.

Provided, that where in the case of any Imprisoned Insolvent Debtor, i t shall

Bppear to the Court or Comnlissioner that such debtor has not the means of paying

any such fees, it shall be lawful for the Court or Commiwioner to remit the same,'

or to order that they shall be paid out of the estate of such debto~, as may M

thought fit.

Given under my hand this ninth day of March, 1844.

CHARLES COOPER, Judge.

[15th day of August, 1845.

It is ordered that, upon application to the Commissioner by any person claiming to h to proceeding by a

be Mortgagee or equitably entitled to a mortgage of any part of an Insolvent's Creditor having

estate or etfects, the Commissioner shall enquire whether such person is a Mortgagee ~; , " f ~ ~ ~ n ( t ~ ~ y ~ t

or equitably entitled as aforesaid, and for what consideration, and under what cir-

cumstances; and if the commissioner shall find that such person is a Mortgagee of

or equitably entitled to a mortgage of any part of the Insolvent's estate or effects,

and no sufficient objection appear to his title to the sum claimed by him under the

mortgage, the Uommissioner shall then proceed to take account of the principal, interest, and costs, due upon such legal or equitable mortgage, and of the rents and profits received by such Mortgagee, if in possession, and that the Commissioner do then cause due notice to be given in the South Australian Government Gazette, and

in such other of the public papers as he shall think fit, when and where the said

mortgaged premises are to be sold before him, or by public auction at any other place if he shall so think fit, and that such sale be made accordingly: And it is further ordered, that all proper parties shall join in the conveyance to the purchaser, as the Commissioner shall direct: And i t is further ordered, that the moneys ark ing from such sale be applied, in the first place, in payment of the expenses attending

~ c h sale, and then in payment and satisfaction of what shall be found due to the

Mortgagee for principal, interest, and costs, and that the surplus, if any, be paid to the Assignees; but in case the moneys arising from such sale shall be found 'in- sufficient to pay what shall be found due to the Mortgagee, then that the Mortgagee shall be admitted a creditor, under the cummission, for the deficiency, and receive dividends, rateably, with the rest of the creditors; but so as not to disturb any dividend dready made: And for the better making of such enquiry and taking of such ac- count as aforemid, and making a title to the purchaser, it is further ordered that all P ~ t i e s shall be examined by the Commissioner, upon interrogatories, or otherwise,

the Commissioner shall think fit, and shall produce to the Commissioner, upon

oath, all deeds, papers, and writings, in their respective custody, or power, relating

to the estate and effects of such insolvent, as the Commissioner shall direct.

CHARLE~ COOPEE, Judge.

IN'

I

IN THE SUPREME COURT .

The fo lZowi~ Fees are authorised to be taken in the Supreme Court in respect

. of the $everal matters against which the same are respectively placed . [Both February. 1850 .

COMMON LAW AND GENERAL JURISDICTION .

E s . d .

Administering oaths of allegiance or office .. .. .. .. .. .. .. .. .. 0 10 6

Admission of any practitioner	.. .. .. .. .. .. .. .. .. .. .. .. .. .	5 5 0
On filing articles of clerkship	.. .. .. .. .. .. .. .. .. .. .. .. ..	l 1 0

&signwent of articles .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1 1 0

A1Bixing seal of Court to any commission or document ............. 0 10 6

Every certscate under the hand of a Judge .. .. .. .. .. .. .. .. .. 0 5 0

Every oath administered, whether in Court or by a Judge or Commis-

sioner, except on a trial .. .. .. .. .. .. .. .. .. .. .. .. .. . 0 1 O

If by a Commieeioner in the country .. .. .. .. .. .. .. .. .. .. .. .. 0 2 0

If by a Commissioner in the country. not at his own residence or office 0 5 O

If above a mile beyond the commissioner'^ residence or office ...... 0 10 6

I f above two miles. over and above his actual and necessary travelling

expenses .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1 1 0

For an exhibit attached to an affidavit .. .. .. .. .. .. .. .. .. .. . 0 1 0

For every exhibit after the firat .. .. .. .. .. .. .. .. .. .. .. .. .. . 0 0 6

On reference to the Master. Chief Clerk, or any Commissioner. for each

attendance not exceeding one hour .. .. .. .. .. .. .. .. .. .. . 0 10 6

Not exceeding two hours .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1 1 0

For every additional hour .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 0 5 0

For his report or award thereon .. .. .. .. .. .. .. .. .. .. .. .. 1 1 0

The like when above twenty folios. then per folio .. .. .. .. .. .. 0 2 0

Every examination of a witness or other person (including taking down

and certifying the same) the like fees.

If required to attend at any other than his own office or residence. an

additional .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 0 10 6

Every recognizance of whatever kind. (except of prosecutors and wit-

nesses to appear in criminal proceedings). .. .. .. .. .. .. .. .. . 0 5 0

For each name beyond the first .. .. .. .. .. .. .. .. .. .. .. .. .. . 0 2 6

Signing and sealing every writ in an action not particularly mentioned 0 5 0

Entering appearance .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 0 2 6

Writ or subpama including four names .. .. .. .. .. .. .. .. .. .. . 0 3 0

On putting in special bail	.. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	0 5 0
Filing exception to bail	.. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	0 2 6

On justifying bail .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 0 5 0

Filing aadavit or document not otherwise charged .. .. .. .. .. .. 0 1 6

Summons to shew cause at Chambers or rule of course ......... 0 2 6

Order on summons .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 0 2 6

Every rule to show cause .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 0 3 6

Every rule absolute .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 0 5 0

For every folio beyond two .. .. .. .. .. .. .. .. .. .. .. .. .. 0 l 0

FilingeveryreturnofwritbytheSheriff .. .. .. .. .. .. .. .. .. 0 1 6

T h i s fee is to be paid when the rnle to return is taken out.

Search for p~cz:c&e or appearance .. .. .. .. .. .. .. .. .. .. .. .. 0 0 6

Everv other search .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 0 2 6

.. .. .. .. .. .. .. .. .. .. .. .. .. .

.	inkr1ocutory judgment	o 5 0
Signing

Signing final judgment .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

Ditto on warrant of attorney .. .. .. .. .. .. .. .. .. .. .. .. .. .

Ditto on old warrant of attorney .. .. .. .. .. .. .. .. .. .. .. ..

Fntering satisfaction of judgment on the. roll. .. .. .. .. .. .. .. .. .

For filing every pleading. demurrer. or paper writing not specified ... Xntering every rule for hearing in Court. including demurrers. rules nisi.

special casts. returns to writs of habeas corpus. &c. .. . .........

Ofice copies. not exceeding two folios. of seventy-two words. .. .. .. ..

For every folio beyond two .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

For certifying every such copy	.. .. .. .. .. .. .. .. .. .. .. .. .. .
Setting down cause for trial	.. .. .. .. .. .. .. .. .. .. .. .. .. .

For fee to Ju ry .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

Other Court fees. including'venire. swearing witnesses. exhibits. tipstaff.

and crier .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Note.--T he Court Fee last mentioned is to be pdd in tho first instance by the Attorney

of the party for whom any verdict or nonsuit shall be entered. and dowed on taxation of costs. When a juror is withdrawn. the Couxt Fees are to be divided between the parties. and to be paid by their respective attorney^.

For entering postea on record. per folio .. .. .. .. .. .. .. .. .. .. .

Appointment to tax or compute in any matter. .. .. .. .. .. .. .. .. . Taxation of costs. whether in action or between attorney and client ...

If exceeding one hour .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

When the bill exceeds thirty folios. for every thirty folios above the first

thirty .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Taxing interlocutory costs .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

For preparing and examining every writ. exemplification of record. or do-

cument not otherwise charged. prepared in the Supreme Court Office. .

per folio .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

To tipstaff for render. commitment, or bringing up prisoners by order of

the Court. except as a witness in criminal cases .. .. .. .. .. ..

The same fee is to be allowed to the Sheriff or Gaoler. as the case may

be. on bringing up pcrsons by order of the Court. or on habeascorpus ...

To Master or Clerk of the Court. with subpmna. to produce proceedings

in Court .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

For every return and certificate to the Court of Appeals .. .. .. .. .

For money paid into Court. for every 20s. .. .. .. .. .. .. .. .. ..

Striking and reducing special jury

.. .. .. .. .. .. .. .. .. .. .. ..

Copy of list .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

Ditto of reduced list .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Entry of any suggestion of record .. .. .. .. .. .. .. .. .. .. .. ..

ECCLESIASTICAL MATTERS.

swearing and filing every affidavit .. .. .. .. .. .. .. .. .. .. .. ..

Filing every will. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Every fiat .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Entering caveat .. .. .. .. .. .. .. .. .. .. .. .. h. .. ., .. .. ..

Every act of Court. per folio .. .. .. .. .. .. .. .. .. .. .. .. .. .

Every exhibit .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

Writ of citation .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Filing bond .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Fee on sealing probate. or letters of administration, when the effects are

sworn to be under £200 .. .. .. .. .. .. .. .. .. .. .. .. .. . 0 1 0 6

When above that amount. and not exceeding £3OO .. .. .. .. .. .. .. 1 1 0

When

When above $300 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Preparing and engrossing probate, or letters of administration, per folio

Entry in Court book, per folio .. .. .. .. .. .. .. .. .. .. .. .. .. .

Taking account of every debt, including report, if any .. .. .. .. .. ..

Intestucies where efects are collected by o ~ d e r oJ" the Court.

For every order of the Court to collect .. .. .. .. .. .. .. .. .. .. .

When effects shall appear to be under $50 .. .. .. .. .. .. .. .. ..

Every final audit of account, including order to invest assets, uucier X20

If $20, and under £50	.. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
If $50, and under g100	.. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

For every $109 above the first .. .. .. .. .. .. .. .. .. .. .. .. .. .

Order to pay out money, if under $20 .. .. .. .. . *.. .. .. .. .. .

If £20, and under S50	.. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
If $50, and under S100	.. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

And on every £100 above the first S100 .. .. .. .. .. .. .. .. .. .. .

For every other order .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Every appointment or warrant .. .. .. .. .. .. .. .. .. .. .. .. .. . o ;1 o

Certifying any office copy .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 0 2 6

If under five folios .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 0 1 0

Filing charge, state of facts, proposals, or other si~nilar niatters, saine it3

in Common Law Proceedings.

For amending every pleading .. .. .. .. .. .. .. .. .. .. .. .. .. . 0 10 0

For every common injunction or writ of attachment .. .. .. .. .. .. 0 10 6

'Every special injunction, writ of ne exeat Colonin, sequestration, or writ

of assistance .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 1 1 0

For all mattcrs not enumerated in any one department, the same as fbr cor- responding matters in other departments of the Court; and for all mattsrs not specified in any of the foregoing schedules, the same fees me to be paid us nrr anthori-(,(l to be received for the like matters in the High Court of' Chancery, and the Coi~r'ts of Common Law, at Westminster, and in the Conuistory Conrts of London, re-

spectively.

The fees in the above echedule are to be received from and after the last thy of' the ensuing term, up to and includive of' which day the fees now in use are to by received.

CI~ARLES COOPER, Judge.

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U----

ADELAIDE: Printed by authority, by W. C, Cox, at the Government Priutiwg

Office, Victoria -square. I