Equity With similar powers as the Lord Chancellor Ecclesiastical Probates Letters of administration To inquire into accounts Administration of Justice (Civil) 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. That 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. 6. 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 or testaments of all or any of the inhabitants of the said Colony and its Dependencies, and of all other persons who shall die and leave effects therein, and to commit letters of administration, under the seal of the said Court, of the goods, chattels, credits, and all other effects whatsoever of persons aforesaid, who shall die intestate, or who shall not have named an executor resident in the said Colony or its Dependencies, or where the executor being duly cited shall not appear and sue forth such probate, annexing the will to such letters of administration when such persons shall have left a will without naming any executor, or any person for executor who shall then be alive and resident within the said Colony, and who being duly cited thereunto will not appear and sue forth a probate thereof, and to sequester the goods and chattels, credits and other effects whatsoever of such persons so dying, in cases allowed by law as the same is and may be now used in the Courts of Probate in England; and to demand, require, take, hear, examine, and allow, and if occasion require, to disallow and reject the accounts of them, in such manner and form as is now used or may be used in the said Court of Probate, and to do all other things necessary and needful in that behalf: Provided always that the said Supreme Court shall in such cases as aforesaid, where letters of administration shall be committed with the will annexed for want of an executor applying in due time to sue forth probate, reserve in such letters of administration, full To reserve power power and authority to revoke the same and to grant probate of such will to such executor whenever he shall duly appear and sue forth the same: And the said Supreme Court shall grant and commit such letters of administration to any one or more of the lawful next-of-kin of such person so dying as aforesaid, and being resident within the jurisdiction of the said Court, and being of the age of twenty-one years; and in case no such person shall then be residing within the jurisdiction of the said Court, or being duly cited shall not appear and pray the same, to the Registrar of the said Court, or to such person or persons, whether creditor or creditors or not of the deceased Limited to goods person, as the said Supreme Court shall see fit: Provided always that probates of wills and letters of administration to be granted by the said Supreme Court shall be limited to such money, goods, chattels, In one excutor and effects as the deceased person shall be entitled to within the said Colony: Provided that in all cases where the executor or executors of any will, upon being duly cited, shall refuse or neglect to take out to revoke probates in the Colony refuses take out probate, Court may grant letters Administration of Justice (Civil) probate, or where the next-of-kin shall be absent, and the effects of the deceased shall appear to the said Supreme Court to be exposed, and liable to waste, it shall be lawful for the said Supreme Court to authorise and empower the Registrar or other ministerial officer of the said Supreme Court to collect such effects, and hold, or deposit, or invest the same, in such manner and place, or upon such security and subject to such orders and directions as shall be made, either as applicable in all such cases, or especially in any case, by the said Supreme Court, in respect of the custody, control, or disposal thereof. 7. That every person to whom such letters of administration shall To give security be committed shall, before the granting thereof, give sufficient security sureties by bond with by bond, to be entered into to Her Majesty, her heirs and successors, for the payment of a competent sum of money, with one, two or more able sureties, respect being had in the sum therein to be contained and in the ability of the sureties to the value of the estate, credits, and effects of the deceased; which bond shall be deposited in the said Supreme Court among the records thereof and there safely kept, and a copy thereof shall be also recorded among the records thereof, and there safely kept, and a copy thereof shall be also recorded among the proceedings of the said Supreme Court; and the conditions of the said bond shall be to the following effect, that if the above bounden administrator of the goods, chattels, and effects of the deceased do make or cause to be made a true and perfect inventory of all and singular the goods, credits, and effects of the said deceased, which have or shall come to the hands, possession, and knowledge of him the said administrator, or to the hands or possession of any other person or persons for him, and the same so made do exhibit, or cause to be exhibited, into the said Supreme Court, at or before a day to be then specified, and the same goods, chattels, credits, and effects, and all other the goods, chattels, credits, and effects of the deceased at the time of his death, or which at any time afterwards shall come to the hands or possession of such administrator, or to the hands or possession of any other person or persons for him, shall well and truly administer, according to law; and further, shall make or cause to be made a true and just account of his said administration, at or before a time to be therein specified, and afterwards from time to time, as he, she, or they shall be lawfully required: And all the rest and residue of the said goods, chattels, credits, and effects, which shall be found from time to time remaining upon the said administration accounts, the same being first examined and allowed of by the said Supreme Court, shall and do pay and dispose of in a due course of administration, or in such other manner as the said Supreme Court shall direct; then this obligation to be void and of none effect or else to be and remain in full force and virtue.' 8. That in case it shall be necessary to put the said bond in suit for the sake of obtaining the effect thereof for the benefit of such person or persons as shall appear to the said Supreme Court to be interested therein, such person or persons from time to time giving satisfactory security for paying all such costs as shall arise from the said suit or any part thereof, such person or persons shall, by order of the said Supreme Court, be allowed to sue on the same. 9. That the said Supreme Court shall fix certain periods when all persons to whom letters of administration shall be granted by the said Party interested may sue by order of Court Court to fix periods for passing accounts Administration of Justice (Civil) Supreme Court, shall from time to time until the effects of the deceased person shall be fully administered, pass their accounts relating thereto before the said Supreme Court, and in case the effects of the deceased shall not be fully administered within the time for that purpose to be fixed by the said Supreme Court, then or at any earlier time, if the said Supreme Court shall see fit to direct the person or persons to whom such administration shall be granted, shall pay, deposit, and dispose of the balance of money belonging to the estate of the deceased then in his or their hands, and all money, goods, chattels and effects and property whatsoever which shall afterwards come into his, her or their hands belonging to the estate of the deceased, in such manner and to such person or persons as the said Supreme Court shall direct, for safe custody; and the said Supreme Court shall from time to time make such order as shall be just for the due administration of such assets, and for the payment or remittance thereof, or any part thereof, as occasion shall require, to or for the use of any person or persons, whether resident or not resident in the said Colony or its Dependencies, who may be entitled thereto, or any part thereof, as creditors, legatees or Court may allow next-of-kin, or by any other right or title whatsoever; and that it shall be lawful for the said Supreme Court to allow to any administrator of the effects of any deceased person (except as herein mentioned), such commission or percentage out of the assets as shall be just and reasonable for their pains and trouble therein: Provided always that no allowance whatsoever shall be made for the pains and trouble of any administrator who shall neglect to pass his accounts at such time or to dispose of any money, goods, chattels or security, with which he shall be chargeable, in such manner as in pursuance of any general or special rule or order of the said Supreme Court shall be requisite; and provided also that pass is accounts every such administrator so neglecting to pass his accounts or to dispose of any such money, goods, chattels or securities with which he shall be chargeable shall be charged with interest at the rate then current within the said Colony and its Dependencies for such sum and sums of money as from time to time shall have been in his hands, whether he shall or shall not make interest thereof. commission to administrator Administrator neglecting to to pay interest Power to appoint guardians and keepers of infants, fools, &c. Chief Justice shall be a barrister of England or a Colonial barrister In case of a vacancy, Governor to appoint a locum tenens 10. That the said Supreme Court shall have power to appoint guardians and keepers of infants and their estates, according to the order and course observed in England; and also guardians and keepers of the persons and estates of natural fools, and of such as are or shall be deprived of their understanding or reason by the act of God, so as to be unable to govern themselves and their estates, and to inquire, hear and determine therein and thereof, by inspection of the person or by such other ways and means by which the truth may be best discovered and known. 11. That the said Chief Justice shall be a barrister-at-law of the English or Colonial Bar, and shall be appointed from time to time by Her Majesty, her heirs or successors; and such Chief Justice shall hold his office during the pleasure of Her Majesty, her heirs and successors: Provided that upon this Ordinance coming into operation it shall be lawful for the Governor to appoint some fit and proper person to fill the said office of Chief Justice until a person shall be appointed by Her Majesty, her heirs or successors, and shall enter on the discharge of his office: Provided also that in case of absence, resignation or death, or in case of any such disease or infirmity as shall render any Chief Justice Administration of Justice (Civil) incapable of discharging the duties of his office, or in case of a vacancy in the said office from any other cause, it shall be lawful for the Governor from time to time to appoint some fit and proper person to act in the place and stead of such Chief Justice so being absent, resigning, dying, or becoming incapable, or vacating his office, as the case may require, until such Chief Justice shall return to the execution of his office, or until a successor appointed by Her Majesty shall enter on the discharge of his office; and in the meantime, the person so appointed by the Governor as aforesaid shall to all intents and purposes be and be deemed and taken to be the Chief Justice of Western Australia. 12. That the said Chief Justice shall, previously to entering on his Oath of office office under this Ordinance, duly qualify himself for the same, by taking the usual oaths prescribed by Acts of Parliament to be taken by persons holding public offices of trust, and also the following oath: I, A.B. (naming himself), do solemnly promise and swear that I will not deny or delay justice to any person, but will with my utmost care and diligence and to the best of my ability, truly and faithfully execute the office of Chief Justice of Western Australia, and that I will to the best of my skill and learning do impartial justice between the Queen and her subjects, and between subject and subject, and judge and determine in all matters which shall come before me to be adjudged. and determined, according to the Laws and Statutes of Great Britain in force in the said Colony and the Ordinances of the said Colony, without interest, partiality, prejudice, fear, favour or affection. So help me God!' Which oath shall be administered to the said Chief Justice by the Governor in Executive Council. 13. That the said Supreme Court shall have and use as occasion Supreme Court may require a seal, bearing a device and impression of the Royal Arms, to have a seal with an exergue or label surrounding the same, with this inscription, The Seal of the Supreme Court of Western Australia,' which seal shall be kept in the custody of the said Chief Justice: Provided that until such seal can be procured it shall be lawful to use the private seal Seal of the Chief of the said Chief Justice. Justice General 14. That Her Majesty's Attorney-General shall be a barrister-at- Attorneylaw of the English or Colonial Bar, and shall be appointed from time to time by Her Majesty, her heirs or successors, and shall hold his office during Her Majesty's pleasure, and in case of a vacancy in the said office of Attorney-General the same shall, as often as such vacancy shall occur, be filled up by Her Majesty, her heirs or successors: Provided that in the meantime, and until a person appointed by Her said Majesty, her heirs or successors, to fill such vacancy shall assume his office, the Governor shall appoint some fit and proper person to perform the functions of Attorney-General, and the said Attorney-General shall have, exercise and enjoy all the powers, authorities and privileges usually appertaining and belonging to the like office in England: Provided that all and every the powers and duties heretofore conferred upon the Advocate-General shall henceforth be exercised and discharged by the said Attorney-General. 15. That the Sheriff of the Colony shall be an officer of the Supreme Officers of the Court and shall attend the sittings thereof; and there shall be and Supreme Court belong to the said Supreme Court the following other officers, that is to say, a Registrar, Master and Keeper of Records, and such and so many other officers as to the said Chief Justice shall from time to time appear be made by Her Majesty Administration of Justice (Civil) to be necessary for the administration of justice and the due execution of all the powers and authorities which are granted to the said Supreme Court by this Ordinance: Provided that no new office shall be created at the said Supreme Court unless the Governor shall first signify his approbation thereof to the said Chief Justice in writing under the hand Appointments to of such Governor: and provided that all persons who shall and may be appointed to the several offices of Registrar, Master and Keeper of Records, or to any office in the said Supreme Court whereof the duties shall correspond to those performed by the Master, Registrar, Prothonotary or Keeper of Records of any or either of the Courts of Record at Westminster, shall be appointed from time to time by Her Majesty, her heirs or successors; and that all persons who shall and may be appointed to any other office within the said Supreme Court shall be so appointed by the Governor; and the several officers of the said Supreme Court so to be appointed as aforesaid by Her Majesty, her heirs and successors, and the Governor, respectively, shall hold their respective offices during her and their pleasure: Provided that so often as the said last-named offices or any of them, shall be or become vacant, it shall be lawful for the Governor, by warrant under his hand, to appoint a person to exercise and discharge the powers and duties of the office so being or becoming vacant, until some person duly nominated and appointed thereto by Her Majesty, her heirs and successors, shall assume office. 16. [Repealed by 57 Vic., No. 12.] Admission of barristers, &c. Affidavit of service for five years Students to enter How issues are to be tried 17. [Repealed by 45 Vic., No. 1.] 18. [Repealed by 45 Vic., No. 1.] 19. [Repealed by 45 Vic., No. 1.] 20. [Repealed by 45 Vic., No. 1.] 21. That all crimes, misdemeanours, and offences cognizable in the Supreme Court shall be prosecuted by information in the name of Her Majesty's Attorney-General, or some counsel for the Crown duly authorised in that behalf, and such information, when filed with or delivered to the proper officer of the said Supreme Court, shall have the like effect in all respects as an indictment, as to trial or otherwise, and no objection shall be allowed thereto except such as may be made to indictment. And a precept in the nature of a venire facias tested in the name of the Chief Justice shall issue at least seven clear days before the sitting of the Court directing the Sheriff to summon jurors to attend such Court, and the Sheriff shall thereupon proceed in the execution of such writ agreeably to the provisions of the twelfth section, of The Jury Ordinance, 1858,' and the jurors so summoned shall form a panel for the trial of all such informations as may be filed or stand for trial at such Court. 22. That in any action at law to be brought in the said Supreme Court, whenever the parties, plaintiff or defendant in any such action shall join issue on any matter of fact, the trial of such issue shall be by and before the Chief Justice, and the said Chief Justice presiding at |