36
equitable jurisdiction similar to that of the Court of Chancery, and also a
jurisdiction similar to that of the Ecclesiastical Courts of England so far as re-
lates to Testacy and Intestacy: AND WHEREAS the Rules of Practice and of
Pleading in the said several Courts are very various and conflicting, and in many
respects inapplicable to the circumstances of this Colony, and unsuited to the
constitution of the said Court; and it is desirable for the due administration of
justice in the said Court, that a uniform and simple system of Procedure should
be established: AND WHEREAS by certain Commissions issued by Sir George
Grey, late Governor-in-Chief of this Colony, sealed with the Public
Seal of this Colony, and dated respectively the 19th day of
November, 1849, and the 28th October, 1852, the Judges of the said
Supreme Court were appointed to make diligent and full enquiry into the
course of proceeding in actions and other civil remedies in use 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 ap-
plicable 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
Commissioners have reported the result of their enquiries, and have also drawn
up a body of General Rules for regulating the Procedure 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mentioned, be revoked and repealed: AND WHEREAS it is also expedient that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 afore-
said, 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 regulating 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.

1. The said General Rules of Procedure and the Schedules thereto an-
   nexed (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 Practice, Pleading, and Procedure, in all Actions, Suits, and other
   Civil Proceedings in the said Court shall be regulated and determined, except
   only those matters as to which the practice of any of the Superior Courts of
   England is in the said Rules expressly retained.

All General Rules
hitherto in force, re-
voked; except Rules
touching administra-
tion of estates of de-
ceased persons.

2. All the General Rules and Orders hitherto in force for regulating the
   Practice, Pleading, and Procedure of the said Supreme Court are hereby re-
   voked and repealed, except the Rules touching the administration of the es-
   tates and effects of persons deceased (2nd May, 1844), and also the Rules
   touching official administration (17th December, 1845).

Judges may make
other Rules with con-
sent of Governor and
Executive Council, to
be in force until termi-
nation of following
Session of General As-
sembly.

3. 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, Pleading,
   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 approved by the Governor and Executive Council, shall have the
   same force and effect until the termination of the Session of the General As-
   sembly next following their approval as aforesaid, as if they had been inserted
   in this Act.

Commencement of
Act

4. This Act shall come into operation on the 1st day of January, 1857.

Short Title.

5. This Act may be cited for all purposes as "The Supreme Court Pro-
   cedure Act, 1856."