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3-211 (Raw)

Item metadata
Speaker:
addressee author,male,Legislative Act,un
ns1:discourse_type
Legal Document
Word Count :
1048
Plaint Text :
ns1:register
Government English
ns1:texttype
Legal English
ns1:localityName
http://dbpedia.org/resource/Western_Australia
Created:
1861
Identifier
3-211
Source
Bennett, 1979
pages
221-223
Document metadata
Extent:
6283
Identifier
3-211-raw.txt
Title
3-211#Raw
Type
Raw

3-211-raw.txt — 6 KB

File contents



<source><g=m><o=u><age=un><status=1><abode=un><p=wau><r=gen><tt=lg><3-211>
4. There shall be established in the said colony a Court of Judicature, which shall be a Court of Record to all intents and purposes under the style and title of 'The Supreme Court;' and such court is hereby invested with and shall exercise within the said colony and its dependencies all the powers, properties, rights, superintendence, force, effect, jurisdiction, authority, pre-eminence, and advantages which belong to and are enjoyed, used, and in any manner practised in England, in and by the Courts of Queen's Bench, Common Pleas, and Exchequer at Westminster; and the said court shall also be at all times a court of oyer and terminer and general gaol delivery in and for the said colony and its dependencies; [222] and such court shall be holden by and before one judge, who shall be called 'The Chief Justice of Western Australia,' and shall exercise the jurisdiction of the said court; and the same powers and authorities are hereby given to the said Chief Justice, within the said colony and its dependencies, that are held, exercised, and enjoyed in court or chambers, by the Judges of the Courts of Queen's Bench, Common Pleas, and Exchequer at Westminster, to all intents and purposes whatsoever; and the said Chief Justice, in manner aforesaid, is hereby authorised, empowered, and required, to take cognizance of and hold all pleas and all manner of causes, suits, actions, pleas of the Crown, prosecutions, and informations, whether civil, criminal, or mixed, with the same and as full power within the said colony and its dependencies, to hear, judge, determine, and execute therein, as the Courts of Queen's Bench, Common Pleas, and Exchequer at Westminster, and as Justices of oyer and terminer and general gaol delivery, have or hath in England, and as Justices of the Peace in their sessions there, have by law, and as shall be necessary for carrying into effect the several jurisdictions, powers, and authorities committed to the said Supreme Court and Chief Justice respectively; and shall adjudge and determine in all and every the same matters, according to the laws and statutes of Great Britain in force here, and the laws of this colony: And where any Act of Parliament in force in England on the first day of June, one thousand eight hundred and twenty-nine, and applicable to the said colony, or any Act of Parliament adopted and directed to be applied in the said colony, shall authorise and direct any proceeding, act, matter, or thing to be had, done, performed or executed by or before Her Majesty's Courts at Westminster, or the respective judges thereof, or by or before the Lord Chancellor or any equity judge, in the administration of justice, every such proceeding, act, matter, and thing shall be, and the same is hereby authorised and directed to be had, done, executed, and performed by the Supreme Court or the Chief Justice thereof, in like manner as if the same had been in and by such Act of Parliament expressly authorised and directed to be had, done, executed, and performed by the said Supreme Court or Chief Justice.
5. The said Supreme Court shall be a Court of Equity and the Chief Justice therein and at chambers 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 Chancellor of Great Britain can or lawfully may do within the realm of England, and all such acts, matters, and things as can or may be done by the said Lord Chancellor within the realm of England in the exercise of the jurisdiction to him belonging. [223]
29. It shall be lawful for the plaintiff or plaintiffs, defendant or defendants, against whom any final judgment, decree, or order of the said Supreme Court shall be given or pronounced, which final judgment, decree, or order shall directly or indirectly involve any claim, demand, or question respecting property or any civil right, amounting to or of the value of five hundred pounds and upwards, if no appeal therefrom shall lie to Her Majesty's Privy Council, to appeal therefrom to the Court of Appeal hereinafter mentioned; and the party or parties appealing from such final judgment, decree, or order, shall, within fourteen days from the passing thereof, give notice to the adverse party or parties of such appeal, and within twenty-eight days from and after such judgment, decree, and order, enter into sufficient security, to be approved by such Chief Justice, to satisfy or perform such judgment, decree, or order of the said Supreme Court respectively, in case the same shall be affirmed, or the appeal dismissed, together with such further costs as shall be awarded thereon; and in all cases of appeal, when notice shall be given and security perfected as aforesaid, execution shall be stayed and not otherwise.
30. The Governor in Executive Council shall, from time to time, hold a court, to be called 'The Court of Appeal of Western Australia,' which court shall have power in all such cases as last aforesaid, to receive and hear appeals from the final judgments, decrees, and orders of a civil nature of the said Supreme Court as aforesaid, and to affirm, alter, or reverse the said final judgments, decrees, or orders, in whole or in part, or to dismiss the said appeals, with costs or otherwise, as may seem just; provided that the said Court of Appeal may, in their discretion, be assisted in the hearing and determining all appeals from the said Supreme Court by the Chief Justice of such Supreme Court; and provided that the record of any final judgment, decree, or order to be pronounced by the Court of Appeal, shall by such court be remitted to the said Supreme Court, whence the appeal was brought, to be by such court carried into effect, according to law; provided also, that upon any appeal to be brought to the said Court of Appeal, from any final judgment, order, or decree found on a verdict of a jury, the said Court of Appeal shall not reverse, alter, or inquire into the said final judgment, decree, or order, excepting for error in law apparent on the record.
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http://ns.ausnc.org.au/corpora/cooee/source/3-211#Raw