Text of Legislation




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Ecclesiastical Court hath in England. The Court shall also have exclusive power to
grant Probates of Wills and Letters of Administration of the Estates and Effects of
deceased persons, and to take order for the due passing of the accounts of the
Executors and Administrators of such persons.

  1. The Court shall also have power to appoint and control Guardians of Infants Lunacy.
    and their Estates, and also Keepers of the persons and estates of idiots, lunatics,
    and such as being of unsound mind are unable to govern themselves and their
    Estates.

  2. The Court shall also be an Instance Court of Vice-Admiralty, with such Vice Admiralty
    power and jurisdiction as belong to Courts of the like nature within the Colonial InstanceCourt.
    possessions of Her Majesty.

  3. This Court shall have cognizance of all crimes and offences committed Criminal Juris
    within the jurisdiction of the Vice-Admiral of the Colony of New Zealand, as fully diction.
    and effectually as if the same had been committed on the land within the limits of the
    Colony.

  4. The Court shall not take cognizance of any Criminal case where the offence Jurisdiction.
    shall have been committed previous to the 14th day of January, 1840.

  5. There shall be made a Seal of the Court, and all Writs and other process Seal.
    issuing out of the Court shall be sealed therewith.

III.—CONSTITUTION OF COURT.

  1. The Court shall consist of one Judge, who shall be called the Chief Justice Judges,
    of New Zealand, and such other Judges as Her Majesty shall from time to time be
    pleased to appoint: Provided, that it shall be lawful for His Excellency the Governor
    to appoint such Judges provisionally until Her Majesty's pleasure shall be known.
    The Judges of the Court shall hold their office during Her Majesty's pleasure.

  2. Every Judge before entering on his office shall take an oath in the form of Oath of Office.
    the Schedule hereunto annexed, faithfully to execute the duties thereof.

  3. It shall be lawful for His Excellency the Governor, with the advice of the Districts.
    Executive Council, by Proclamation from time to time, to divide the Colony into
    Districts for the purpose of this Ordinance, and the limits of such Districts from
    time to time to alter as occasion may require. It shall also be lawful for His Excel-
    lency the Governor to assign to each of such Districts a Judge or Judges, who shall
    have within the same all the powers and jurisdiction hereby given to the Supreme
    Court.

  4. There shall belong to the Court such Registrars and inferior Officers as to Officers of the
    the Judges respectively shall appear necessary.
    Court.

  5. The Registrars shall be appointed provisionally by His Excellency the Registrars.
    Governor, and shall hold their offices during Her Majesty's pleasure.

  6. The inferior officers shall be removabfe, on reasonable cause, by the res- Inferior Offi
    pective Judges of the Court, subject to the approval of His Excellency the Governor, cers.

  7. There shall be enrolled in the Court, to practice therein as Barristers, sneh Barristers and
    persons only as shall have been admitted Barristers, or Advocates, in Great Britain Solicitors.
    or Ireland, or such as shall be admitted hereafter within the Colony under the
    authority of any Law that may hereafter be passed for that purpose, and to practice
    therein, as Solicitors, such persons only as shall have been admitted as Solicitors,
    Attorneys or Writers in one of the Courts of Westminster, Dublin, or Edinburgh, or
    Proctors in any Ecclesiastical Court in England, or shall have served such term of
    Clerkship with a Solicitor of the Court as shall be required by the General Rules
    thereof, or shall have established themselves in the exercise of their Profession on or
    before the 22nd day of December, 1841. All persons so enrolled shall be removable
    from the Rolls of the Court upon reasonable cause.

  8. The Barristers of the Court shall be allowed to act as Solicitors, and the Their Practice.
    Solicitors of the Court to act also as Barristers for the period of five years after the
    passing of this Ordinance, unless the Court shall in the mean time make order to the



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1844, No 1





✨ LLM interpretation of page content

🏛️ Continuation of Supreme Court Bill: Court Jurisdiction and Constitution (continued from previous page)

🏛️ Governance & Central Administration
3 January 1844
Supreme Court, Ecclesiastical Court, Probate, Guardians, Vice-Admiralty, Criminal Jurisdiction, Judges, Registrars, Barristers, Solicitors
  • His Excellency the Governor
  • Executive Council