8. 1. SUPREME COURT PROCEDURE ACT 1900. Short title. Interpretation, " Court." "Judge." "Action." Prescribed." Parties may consent to dispense with a jury. Issues under the Real Property Act ACT No. XLIX., 1900. An Act to amend the procedure of the Supreme Court. [Assented to, 14th November, 1900.] E it enacted by the Queen's Most Excellent Majesty, by and the Legislative Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the "Supreme Court Procedure Act, 1900." 2. In the interpretation of this Act, unless the context otherwise indicates or requires, the following words shall have the respective meanings set opposite to them, that is to say : "The Court" means Supreme Court. " " 'Judge" means Judge of the Supreme Court. Action" means action in the Supreme Court. 3. (1) In any action by consent of both parties the whole or any one or more of the issues of fact in question may be tried, or the amount of any damages or compensation may be assessed by a Judge without a jury. (2) Notwithstanding such consent a Judge may at any time order that all or any of the issues of fact in an action be tried with a jury if it appears to him to be expedient. 4. Issues of fact settled under the provisions of the Real Property Act, 1900, may by consent of both parties be tried by may be tried by a Judge without a jury, and a Judge when so sitting shall have all the powers of a jury. a Judge without a jury. Finding of Judge to be finding of a jury. 5. The verdict or finding of any Judge sitting without a jury on the trial or assessment of any issue of fact or amount of damages or compensation pursuant to this Act shall be of the like force and effect in all respects as the verdict or finding of a jury. S. 6. 6. In all cases in which the Real Property Act, 1900, directs applications to be made to the Supreme Court, such ap- Applications to plications may be made to the Supreme Court in its equitable the Court under jurisdiction, as well as to the Supreme Court holden before three Property Act Judges. the Real may be made to the Equity Court. Full Court may verdict to be entered. 7. (1) In any action, if the Court in Banco is of opinion. that the plaintiff should have been non-suited, or that upon the order nonsuit or evidence the plaintiff or the defendant is as a matter of law entitled to a verdict in the action or upon any issue therein, the Court may order a nonsuit or such verdict to be entered. (2) If the Court in Banco orders a new trial of any action, issue, or question which has been tried before a Judge without a jury, it may direct such new trial to be heard before a Judge either with or without a jury. The Court may order a nonsuit or such verdict to be entered.-The Court will not, except under special circumstances, exercise this power where the verdict has been for a small amount. Where the amount involved was only £6 10s., the Court refused to grant a new trial or enter a verdict under the powers conferred by this section: Helmore v. Simons, (1902) 19 W.N. 25. Where there are several counts in a declaration, and there has been a general verdict, and it is impossible to tell on which count the jury have given damages, then when there is no evidence to support one of the counts, there must be a new trial: Lamb v. West, (1894) 15 N.S.W.R. 120; 10 W.N. 209; but where the case under each count is identical and the damages given are the same under whatever count they may be given, the Court has the power under this section to allow the verdict to stand on one or more of the counts and to enter it for the plaintiff or defendant as the case may be on the other or others: Hodge v. Rudd, (1902) 19 W.N. 119. Where, on a motion for new trial the Court was of opinion that the defendant was entitled to succeed upon a point of law which had not been raised at the trial, or taken in the rule nisi, the rule was amended, by adding the ground, and the verdict entered for the defendant: Trafford v. Pharmacy Board, (1902) 19 W.N. 281. for excess of 8. In every action in which the defendant has pleaded by Defendant may way of set-off or cross-action any debt or demand claimed by him have judgment from the plaintiff, such defendant shall be entitled to recover set-off. in such action the amount by which such debt or demand is found to exceed the debt or demand proved by the plaintiff, and shall have judgment and execution for the same accordingly. As to form of plea of set-off where an excess is claimed, see Pearse v. Trenchard, (1901) 18 W.N. 135. Foreign attach absent 9. Under section one hundred and eighty-eight, section one hundred and ninety-one, and section one hundred and ninety- ment against four of the Common Law Procedure Act, 1899, the cause of defendant. action shall be deemed to have arisen within the jurisdiction in the case of an action arising out of contract if either— (a) the contract was made within the jurisdiction, or (b) the breach thereof was made or committed within the jurisdiction wherever the contract was made. See the sections mentioned, and notes thereto. Sections 10 and 11 and the Schedule, except Rule 1 thereof are repealed by the Equity Act, 1901. RULES OF COURT. 12. The rules and form in the Schedule to this Act shall Rules of Court. regulate the practice and procedure hereunder in all matters. to which they relate, except so far as they shall hereafter be Judges to make rules. Judges to make Rules not to affect certain matters. Non compliance with rules. Rules to be laid ment, who may disallow them. altered, added to, or rescinded under the power to make rules herein contained. 13. Rules of Court regulating the practice and procedure under this Act shall be made by the Judges of the Supreme Court, or any three of them, and such rules may rescind, add to, or alter any of the rules or form contained in the Schedule to this Act, and when so made such rules shall have the same force and effect as if they had formed part of the Schedule to this Act. 14. The Judges of the Court or any three of them may make rules of Court for all or any of the following purposes, that is to say : (a) For the purpose of regulating the manner in which applications to the Court under any statute may be made, and the practice and procedure to be observed upon any such application. (b) For the purpose of providing for the verification on oath of all pleas filed in actions arising under a writ specially endorsed under the twenty-fourth section of the Common Law Procedure Act, 1899. (c) For the purpose of regulating the sittings of the Court and of the Judges thereof sitting in Chambers, and for the distribution among the Judges of the business of the Court. (d) And generally for the purpose of regulating the practice and procedure of the Court. 15. Nothing in any rules of Court to be made under this Act shall effect the mode of giving evidence by the oral examination of witnesses in trials by jury, or the rules of evidence, or the law relating to jurymen or juries. 16. Non-compliance with any of the rules of Court in the Schedule to this Act, or made under the authority of this Act, shall not render any proceeding void unless the Court or a Judge thereof so directs, but such proceedings may be set aside either wholly or in part as irregular, or amended or otherwise dealt with in such manner and upon such terms (if any) as appear to to be just. 17. All rules of Court made under the powers herein before Parlia contained shall, immediately after the making thereof, be laid before both Houses of Parliament if then sitting, or if not within ten days of the next sitting thereof; and if either of the said Houses, by any resolution passed within thirty days after such rules have been so laid before it, resolves that any such rule or any part thereof ought not to continue in force, then such rule or part shall immediately cease to be binding. SCHEDULE. Appeals from decisions of a single Judge. 1. Appeals from the decision of a single Judge upon any question of law to the Full Court shall be made and prosecuted in the same times and manner in all respects as appeals to the Full Court in the Common Law jurisdiction of the Court from a Judge sitting in chambers. |