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Administration of Justice (Civil)
any such trial shall give his judgment upon every such issue or issues
of fact as aforesaid: Provided always that if either of the parties, Either party plaintiff or defendant, in any such action shall be desirous of having may have a jury any such issue or issues of fact as aforesaid tried by a jury he shall be at liberty so to do. And in all such cases the jury shall be convened as prescribed by The Jury Ordinance, 1858.'
23. That all actions at law, of whatsoever nature, in the said Supreme Court, shall be commenced by writ of summons, and not by arrest of the person; and all process of execution issued out of the said Supreme Court shall be directed against property, real as well as personal, and not against the person, except when otherwise provided by any law in force in the said Colony.
24. That under any and every process of execution which shall be issued on any judgment recorded in the said Supreme Court, directed to the Sheriff of the said Colony, the said Sheriff shall and may seize and sell, in such manner and at such times as shall be prescribed by any rules and orders of the said Supreme Court, or by any Ordinance or Ordinances, all the defendant's real and personal estate in the said Colony, or such part thereof respectively as may prove sufficient to realise a sum to satisfy such judgment, costs, fees, and expenses of seizure and sale.
25. [Repealed by 34 Vic., No. 21.]
26. That all powers, authorities, and jurisdictions vested by any Ordinance or Ordinances of the Legislative Council of the said Colony in the said Civil Court, or in the Commissioner thereof, or in the Court of General Quarter Sessions of the Peace, shall be and are hereby severally and respectively vested in and exerciseable by the said Supreme Court and the said Chief Justice, in as full and ample a manner to all intents and purposes as if the same had been originally vested in the said Supreme Court and the Chief Justice thereof respectively, by such Ordinance or Ordinances respectively; and all proceedings pending in or before the said Civil Court, or before the Commissioner thereof, at the time this Ordinance shall come into operation, shall be continued, heard, determined, adjudicated, and decided upon by the said Supreme Court or the said Chief Justice respectively, as if such proceedings had originated in or before such Supreme Court or before such Chief Justice.
27. That all moneys, records, documents, books, papers, property, estates, effects, and other property and things in the lawful custody or control of and belonging or appertaining to the said Civil Court or the Commissioner thereof, or any and every officer thereof, shall, on this Ordinance coming into operation, be forthwith delivered over to the said Supreme Court and the custody of the proper officer thereof; and all such moneys, records, documents, books, papers, property, estates, and effects, and other things shall be deemed and taken to form a part of the moneys, records, documents, books, papers, and other things belonging to such Supreme Court, and shall and may be treated accordingly.
All actions to
writ of summons Process of exe
cution against property only
Process of execu
tion against property only
issued to Sheriff
Arrest for debt on claim above £20 in certain cases only
Powers of Civil
to Supreme Court
records of Civil Court, trans
ferred to Supreme Court
28. That all proceedings in the nature of equity suits in the Civil Confirms certain Court and all orders and decrees in such equity suits, purporting to have been made or pronounced in the Civil Court in equity, and which
acts of the Civil Court
An appeal given against judgment, &c., above £500
Court of Appeal
Chief Justice to make rules
Administration of Justice (Civil)
have been heard, determined, enrolled or recorded in the said Civil
29. That 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. That 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.
31. That it shall be lawful for the said Chief Justice, from time to time, to make and prescribe such rules and orders, touching and concerning the times and places of holding the said Supreme Court, and the adjournments thereof respectively; the forms and manner of proceeding; and the practice and pleadings upon all indictments, informations, actions, suits, and other matters, to be therein brought; the appointing of Commissioners to examine witnesses, the form and
Administration of Justice (Civil)
57 Vic., No. 12
manner of bail, the taking of examinations de bene esse, and allowing the same as evidence; the granting of probates of wills, and letters of administration; the appointing of guardians and keepers of infants; the proceedings of the Sheriff and other ministerial officers; the process of attachment and all other the process of the said Supreme Court, and the mode of executing the same; and the proceedings in Judges' Amended by Chambers on summonses, and otherwise; and all other matters and things whatsoever as to such Chief Justice shall seem meet for the conduct of business in such Supreme Court, and as may be adapted to the circumstances and conditions of the said Colony; and such rules and orders from time to time to alter, amend or revoke as to such Chief Justice shall seem requisite; and all rules and orders so to be made and prescribed as aforesaid, shall be of such and the like force and effect, as if the same had been inserted in the present Ordinance: Provided always, that the Legislative Council may by resolution disallow the same, or any one or more of them, and upon such disallowance being signified through the Governor, the rule and order or rules and orders so disallowed shall become void and of no effect: Provided further, that until such rules shall be so framed as aforesaid, and also in cases where no such rules shall apply, and no rule shall be prescribed by Ordinance of the said Colony, the practitioners and officers of the said Supreme Court shall, as near as they can, govern themselves in Common Law procedure by the rules and practice of the Courts of Common Law at Westminster; and in Equity or Chancery Practice, by the rules and Practice of the Courts of Equity in England, which several rules and practices, except where they are, shall, or may be altered in and by this or any other Ordinance, or by the rules of practice to be made as aforesaid, shall be in force, and govern the proceedings in the Supreme Court, as far as the same can or may be applicable thereto.
SCHEDULE referred to in the foregoing Ordinance
A. E. KENNEDY,
How much Repealed
2 Will. IV., No. 1 of An Act for establishing a Court of The whole.
2 Will. IV., No. 4 of An Act to extend the Jurisdiction The whole.
5 Will. IV., No. 2 of An Act to amend certain Acts of the Governor with the advice of the Legislative Council, so far as the same relate to the mode of Appointment and Tenure of Office of certain Officers thereby respectively constituted.
6 Will. IV., No. 1 of An Act to amend an Act entitled 'An The whole.
Act for establishing a Court of
So much as relates to
18 Vic., No. 9 of An Ordinance for the further Regu- The whole.
Naturalization of Aliens
ANNO VICESIMO QUARTO
An Ordinance to naturalize Ygnasi Anton Joseph
HEREAS Ygnasi Anton Joseph Boladeras has applied to be admitted to the Rights and Privileges of a British Subject, and it is expedient to comply with such Request: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the Advice and Consent of the Legislative Council thereof:
1. That the said Ygnasi Anton Joseph Boladeras be, and he is hereby naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of a natural born British Subject within the Limits of the Colony of Western Australia, save and except only the holding or exercising of any Place or Office of Trust in the Courts of Law or connected with the Treasury therein.
2. That this Ordinance shall not come into Operation until it shall have received the Royal Confirmation, nor until such Confirmation shall have been notified by the Governor by Proclamation or other public Notice.
A. E. KENNEDY, GOVERNOR AND COMMANDER-IN-CHIEF.
ANNO VICESIMO QUINTO
An Ordinance for altering Collie Street, in the Town of Fremantle, and for extending the Limits of the Fremantle Building Allotment No. 451.'
[Assented to 18th November, 1861.
HEREAS it is expedient to alter the thoroughfare in the town of Fremantle, known as Collie-street, and to extend the boundaries of the piece of land in the said town known as the 'Fremantle Building Allotment No. 451': Be it therefore enacted by His Excellency the Governor of Western Australia and its Depen
dencies, by and with the advice and consent of the Legislative Council thereof:
1. That from and after this Ordinance shall come into operation all estate and right of property vested in the trustees of the town of Fremantle in and to all that part or portion of Collie-street, situate in the said town of Fremantle, described in the Schedule to this. Ordinance shall cease and determine, and the extent and boundaries of the said street shall thenceforth be diminished by the said part or portion; and the whole of such part or portion shall be added to the piece of land in the said town of Fremantle, known as the 'Fremantle Building Allotment No. 451.'
2. That the Surveyor-General shall cause to be entered and recorded in the permanent Record Book of the Survey Office a full and sufficient description of the part or portion of land described in the said Schedule, according to the quantity of land therein set forth, and such description shall be signed by the Governor in Executive Council.
A piece of land in added to the Fremantle Lot 451
entered to be the boundaries
3. That the boundaries so entered and signed as aforesaid shall be Description so deemed and taken to be the true boundaries of the said building allotment, all former description thereof in any title deed or otherwise notwithstanding: And such Record Book or a certified copy of such entry to be made and issued on demand without fee, signed by the Surveyor-General, shall and may be taken in and be evidence of the boundaries of such building allotment in any suit or action affecting the same.
5. That section A of The Shortening Ordinance, 1853,' shall be incorporated with and taken to form a part of this Ordinance to all intents and purposes, and in as full and ample a manner as if the said section had been introduced and fully set forth in this Ordinance. A. E. KENNEDY, GOVERNOR AND COMMANDER-IN-CHIEF.
entered in the
Description to be
4. That the owner or occupier of the said Fremantle Building To erect, wall Allotment No. 451' shall within six calendar months from the passing months hereof erect and build along the outer boundary of the said part or portion of Collie-street adjoining to the said building allotment as aforesaid, a stone wall of the height, thickness and plan of the walls which have been erected in the said street; and if such owner or occupier shall neglect so to do within such time as aforesaid he or she shall be liable to a penalty of thirty pounds.
All that piece or parcel of land in the town of Fremantle, at present forming a part or portion of Collie-street in the said town, containing five perches (more or less), and bounded on the north by Fremantle Building Allotment No. 451, measuring one chain eighty-two links in length; on the west by a line thirty-five links in length in a southerly direction from the south-west corner of Fremantle Building Allotment No. 451 aforesaid, and drawn in continuation of the east side of Packenham-street; on the south-east by a straight line one chain ninety-one links in length from the south end of the west boundary above described to the south-east corner of Fremantle Building Allotment No. 451 aforesaid.
Section A of
nance referred to