2-171 (Raw)

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Be it enacted by His Excellency John Hindmarsh, Knight of the Royal Hanoverian Guelphic Order, Captain in the Royal Navy, Governor and Commander-in-Chief of His Majesty's Province of South Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof that there shall be and His Excellency the Governor by and with the like advice doth erect create constitute and establish a Court of Judicature to be called the Supreme Court of the Province of South Australia.
2. That such court shall be holden before a judge of the said court to be called the Judge of the Supreme Court of the Province of South Australia (Sir John William Jeffcott, Knight, being appointed by His Majesty the Judge of the said Province for the purpose of holding and presiding in the said court) and that from time to time hereafter upon death vacancy or resignation the Judge of the said Supreme Court shall be appointed by His Majesty His Heirs and Successors save as hereinafter mentioned and that such court shall also have all such ministerial and other officers as shall be necessary for the administration of justice in the said court and for the due execution of the judgments decrees orders and processes thereof. [168]
3. That the numbers names and duties of such ministerial and other officers shall from time to time be fixed and defined by the Judge of the Supreme Court with the consent of His Excellency the Governor of the Province for the time being by and with the advice of the Council thereof and that the appointment and removal of such officers in case of misconduct shall be vested in the Judge for the time being of the Supreme Court.
4. That the Judge of the Supreme Court shall receive such reasonable salary as the Lords of His Majesty's Treasury for the time being shall from time to time order and direct and that the salaries of the ministerial and other officers aforesaid shall from time to time be fixed by the Judge of the Supreme Court with the consent of the Governor for the time being and the Council of the Province and that such salaries shall be in lieu of all fees or other emoluments whatsoever it being the intent of this Act that the Judge of the Supreme Court and the ministerial and other officers appointed by virtue of the same shall derive no emolument from any fees which may be made payable under the authority of this Act but that such fees shall and they are hereby directed to be accounted for and paid by the person receiving the same to the Treasurer of this Province for the general purposes thereof on or before the 31st day of March the 30th day of June the 30th day of September and the 31st day of December in every year.
5. That the Judge of the Supreme Court shall from time to time as occasion may require be removed by His Majesty His Heirs and Successors and by no other authority and that His Majesty His Heirs and Successors shall in that case appoint another fit and proper person in the place and stead of the judge so removed Provided that in case of the absence resignation or death of such judge or of such disease or infirmity as shall render any such judge incapable of discharging the duties of his office it shall be lawful for the Governor for the time being of the said Province by and with the advice of the Council of the said Province to appoint some fit and proper person to act in the stead of such judge so being absent resigning dying or becoming incapable until such judge shall return to the execution of his office or until a successor shall be appointed by His Majesty as the case may require and in the meantime the person so appointed as last aforesaid shall be deemed and taken to be and shall be acting Judge of the said Supreme Court.
6. That the said Supreme Court shall have and use a seal bearing a device or impression of the Royal Arms within an exergue or label surrounding the same and with the following inscription: "Supreme Court, South Australia" and that the said seal shall be kept in the custody of the Judge of the Supreme Court for the time being.
7. That the said court shall be a Court of Record and shall have cognizance of all pleas civil criminal and mixed and jurisdiction in all cases whatsoever as fully and amply in this Province and its dependencies as His Majesty's Courts of King's Bench Common Pleas and Exchequer at Westminster or either of them lawfully have or hath in England: And the said court shall also be at all times a Court of Oyer and Terminer and Gaol Delivery in and for the said Province and its dependencies and the said judge so appointed or hereafter to be appointed as aforesaid shall have and exercise such and the like jurisdiction and authority in this Province and its dependencies as the Judges of the said Courts of Kings Bench Common Pleas and Exchequer or any of them lawfully have and exercise and as shall be necessary for carrying into effect the several jurisdictions powers and authorities committed to the said Supreme Court. [169]
8. That the said Supreme Court shall be a Court of Equity in this Province and its dependencies and shall have power and authority to administer justice and to do exercise and perform all such acts matters and things necessary for the due execution of such equitable jurisdiction as the Lord High Chancellor of Great Britain can or lawfully may within the realm of England and all such acts matters and things as lawfully can or may be done by the said Lord High Chancellor within the realm of England in the exercise of the jurisdiction to him belonging.
9. That the said Supreme Court shall be a Court of Ecclesiastical Jurisdiction with full power to grant probates under the seal of the said court of the last wills and testaments of all or any of the inhabitants of this Province and its dependencies and of all other persons who shall die and leave personal effects within this Province or its dependencies and to commit letters of administration under the seal of the said court of the goods chattels credits and all other effects whatsoever of the persons aforesaid who shall die intestate or who shall not have named an executor resident within the said Province or its dependencies.
16. That the Governor for the time being and the Council of the said Province (with the exception of the Advocate General and Crown Solicitor) shall constitute a court to be called the Court of Appeals of the Province of South Australia which court shall have power and authority to receive and hear appeals from the judgments decrees orders and sentences of the said Supreme Court in whole or in part in all cases where the sum or matter in issue shall amount to one hundred pounds and shall or may affirm alter or reverse the said judgments decrees orders or sentences in whole or in part or dismiss the said appeal with costs as may be just Provided also that upon every appeal to be brought before the said Court of Appeals from any judgment of the Supreme Court founded upon the verdict of a jury of twelve men the said Court of Appeals shall not reverse alter or enquire into the said judgments except only for error of law apparent upon the record.
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