✨ Text of Legislation
in the said Court, from the commencement to the termination
of such proceedings; and into the process, practice, pleading,
and other matters connected therewith; and also what parts of
such process, practice, pleading, and other matters might be
applicable to the said Supreme Court, and what changes it
might be desirable to introduce therein, having in view the
union of the said several jurisdictions and the convenience and
benefit of the suitors therein; AND WHEREAS the said Com-
missioners have reported the result of their inquiries, and have
also drawn up a body of General Rules for regulating the Pro-
cedure of the said Court in all Actions and Civil Proceedings
therein; AND WHEREAS it is expedient that all existing Rules
and Orders of the said Court, excepting such as are hereinafter
mentioned, be revoked and repealed: AND WHEREAS it is also
expedient that the said body of General Rules drawn up by
the said Commissioners as aforesaid with such amendments as
have been made therein by the Legislature be established as a
code of Civil Procedure for the said Court, and that provision
be made for enabling the Judges of the said Court, under due
restrictions, to alter the Rules for the time being in force for re-
gulating the pleading, practice, and procedure, both Civil and
Criminal, of the said Court, and from time to time to make such
new Rules as they may deem advisable.
BE IT THEREFORE ENACTED by the General Assembly of
New Zealand as follows:-
General Rules
in
Schedule to be sole
authority in all mat-
ters of Practice, Plead-
ing and Procedure in
civil proceedings in
Supreme Court.
All General Rules
hitherto in force, re-
voked; except Rules
touching administra-
tion of estates of de-
ceased persons.
Judges may make
other Rules with con-
sent of Governor and
Executive Council, to
be in force until ter-
mination of following
Session of General As-
sembly.
190
-
The said General Rules of Procedure and the Schedules
thereto annexed (which General Rules and Schedules are set
forth in the Schedule to this Act annexed) shall henceforth be
the sole authority by which all matters and questions of Prac-
tice, Pleading, and Procedure, in all actions, suits, and other
civil proceedings in the said Court shall be regulated and de-
termined, except only those matters as to which the practice of
any of the Superior Courts of England is in the said rules ex-
pressly retained. -
All the General Rules and Orders hitherto in force for
regulating the Practice, Pleading, and Procedure of the said Su-
preme Court are hereby revoked and repealed, except the Rules
touching the administration of the estates and effects of persons
deceased (2nd May 1844), and also the Rules touching official
administration (17th December, 1845). -
It shall be lawful for the Judges of the said Court,
from time to time, by other Rules to be made for that purpose,
to alter or revoke the Rules set forth in the Schedule to this
Act annexed, or any of them, or any other Rules of the said Court
which now are or hereafter shall be in force; and also from time
to time to make such additional Rules touching the Practice, Plead-
ing, and Procedure of the said Court in all matters both civil and
criminal as the said Judges may deem advisable; Provided
always, that all Rules to be made under the authority hereof
shall be submitted to the Governor in Council, and upon being
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Analysis and Preamble of the Supreme Court Procedure Act, 1856 (Continued)
(continued from previous page)
⚖️ Justice & Law Enforcement7 August 1856
Legislation, Supreme Court, Civil Procedure, Rules, Pleading, Practice, Criminal Procedure
NZ Gazette 1856, No 30