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3-138 (Text)

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addressee author,male,Legislative Act,un
Legal Document
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Government English
Legal English
Bennett, 1979
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3-138-plain.txt — 7 KB

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Whereas having regard to the population and great extent of the District of Moreton Bay and its distance from Sydney it is expedient to establish within that district a separate court to be presided over by a Resident Judge so that justice may be therein administered in all cases both civil and criminal without the delays and inconveniences attendant on the holding of Circuit Courts only and the necessity of resorting to Sydney for the initiation of suits and proceedings as at present Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows: - 
1. On and from the first day of April next the Act of Council passed in the nineteenth year of Her Majesty's reign intituled "An Act for the appointment of an additional Judge of the Supreme Court and to provide for the more effectual Administration of Justice in the District of Moreton Bay until the establishment of a separate court therein" except only the first section thereof and except as to the matter hereinafter specially excepted shall be and stand repealed.
2. On and after the said first day of April now next there shall be holden at Brisbane in and for the said district a Court of Civil and Criminal Jurisdiction which court is hereby erected and established as a Court of Record to be called the "Supreme Court at Moreton Bay" and to be holden by the judge appointed or hereafter to be appointed under the authority of the said first section of the Act hereinbefore mentioned who shall be called the Resident Judge of Moreton Bay.
3. For the purposes of this Act the District of Moreton Bay shall be taken to comprise all such portions of the Colony of New South Wales as lie to the northward of the southern boundaries of the Police Districts of Brisbane Ipswich Warwick Drayton and Surat and of a line west in extension of the southern boundary of the said Police District of Surat to the eastern boundary line of the Colony of South Australia.
4. Within the limits of the said district such Resident Judge shall have exercise and enjoy all such and the like powers jurisdiction and authority as now are or can be legally exercised by the Supreme Court of New South Wales or by all or any of the judges thereof collectively or individually.
5. The said Resident Judge at Moreton Bay with respect to all offences committed within the limits of that district shall exclusively have jurisdiction and with respect to offences committed within any other part of the colony the judges at Sydney shall exclusively have jurisdiction and in like manner with respect to actions and other proceedings at law and suits and proceedings in equity and the granting of probates and letters of administration or orders to collect the Resident Judge shall exclusively have jurisdiction over persons residing and property situate within the District of Moreton Bay and the Judges of the Supreme Court at Sydney shall exclusively have jurisdiction over persons residing and property situate within all other parts of the colony but so nevertheless that no venue shall be necessary to be laid in any case civil or criminal after the passing of this Act other than is now necessary to be laid in any such case.
6. Provided always that nothing in the preceding section shall be construed to limit the jurisdiction of such Resident Judge in respect of any party absent from the said district or the jurisdiction of the judges at Sydney in respect of any party resident in the said district or elsewhere in any case where an action suit or other proceeding might now by law be commenced or carried on in the Supreme Court at Sydney in the absence of such party from New South Wales. 
7. Provided always that the decision of such Resident Judge in any matter only which would in Sydney properly belong to the Full Court and every general rule made by such judge may be brought under the review of the Judges of the Supreme Court sitting in Sydney in banco by way of appeal or otherwise in such manner and form and on such terms to be imposed on the litigating parties respectively and subject to such rules and regulations in all other respects as the said last-mentioned judges shall from time to time in that behalf make and prescribe Provided always that no appeal shall be allowed from any order for the granting of a re-hearing only or of a new trial or of any writ of attachment or of any interlocutory order merely whereby the merits of the case shall not be concluded.
8. It shall be lawful for the said Resident Judge from time to time at his discretion and on such terms as he shall think fit to impose in any matter civil or criminal pending before him to state or cause to be stated and to transmit to the judges at Sydney under his hand for their opinion and decision thereon any point or points of law and the said judges after argument before them (or without argument if they think fit) shall as soon as conveniently may be certify and transmit to such judge their opinions and decision thereon accordingly which decision shall thereafter on the point or matter in question be binding and conclusive.
9. Along the borders of the line which shall divide the said district from the other parts of New South Wales and throughout a space or tract of country extending twenty-five miles on each side of such line the Judges of the Supreme Court at Sydney and the said Resident Judge shall respectively have a concurrent jurisdiction in all cases criminal as well as civil.
10. Every writ of execution and writ of subpoena issued out of the Supreme Court at Sydney or by the said Resident Judge and every rule of court or order made and every writ of attachment granted by the said court or such Resident Judge shall be of equal force and validity and shall or lawfully may be served and enforced or carried into effect respectively according to the tenor thereof in every part of New South Wales including Moreton Bay Provided that nothing in this section contained shall be construed to confer on the said Resident Judge any original jurisdiction over any person or matter other than and except as first aforesaid.
11. The said Resident Judge shall or lawfully may on all occasions where by law or custom the seal of a court is used have and use a seal similar to that of the Supreme Court of New South Wales except that on the seal used by such Resident Judge the words "Supreme Court at Moreton Bay" shall be engraven instead of the words "Supreme Court of New South Wales".
12. The plaintiff in any action at law commenced at Moreton Bay may proceed by foreign attachment in the manner prescribed by the Act in that case made in respect of any defendant not residing within that district and in such case no publication of notice as to such attachment shall be necessary other than in two of the public newspapers published in the district and the plaintiff in any action commenced at Sydney may proceed by foreign attachment in respect of any defendant residing at Moreton Bay in the same manner respectively as if such defendant resided out of the colony and no plea in abatement for the nonjoinder of any person as a defendant shall be sustained where the place of residence of such person (if the action be pending at Sydney) shall be within the District of Moreton Bay or where (if the action be pending in that district) such place of residence shall be in any other part of the colony. 
13. The provisions of the Act of Council