THE NEW ZEALAND GAZETTE. 165

the Governor and Executive Council of the
said colony shall have power to receive ap-
peals from the said Supreme Court, and that
subject to the rules therein set forth, appeals
might be had from the said Court of Appeal
to Her Majesty in Council; but it was pro-
vided that nothing therein contained should be
construed to affect the power and authority of
Her Majesty to admit an appeal to Her Ma-
jesty in Council from any judgment either
of the said Supreme Court or of the Court of
Appeal thereby constituted: And whereas no
rules have been made by Her Majesty for ad-
mitting such appeals and doubts have been
entertained whether it is competent for a party
to any proceeding before the said Supreme
Court to appeal directly from a decision of the
said Court to Her Majesty in Council: And
whereas by an Act passed in a Session of Par-
liament holden in the seventh and eighth years
of Her Majesty, it was enacted that it should
be competent to Her Majesty, by any Order
or Orders in Council, to provide for the admis-
sion of appeals to Her Majesty in Council
from any judgments, sentences, decrees, or
orders of any court of justice within any Bri-
tish colony or possession abroad, although
such court should not be a court of errors or
appeal within such colony or possession, and
to make provision for the instituting and pro-
secuting such appeals, and for carrying into
effect any such decisions or sentences as Her
Majesty in Council shall pronounce thereon:
And whereas it is desirable that provision
should be made to enable parties to appeal
from the decisions of the said Supreme Court
to Her Majesty in Council:

It is hereby ordered by the Queen's most
Excellent Majesty, by and with the advice of
Her Privy Council, that any person or per-
sons may appeal to Her Majesty, Her heirs
and successors, in Her or their Privy Council,
from any final judgment, decree, order, or
sentence of the said Supreme Court of New
Zealand, in such manner, within such time,
and under and subject to such rules, regula-
tions, and limitations as are herein-after men-
tioned; that is to say, in case any such judg-
ment, decree, order, or sentence shall be
given or pronounced for or in respect of any sum
or matter at issue above the amount or value
of five hundred pounds sterling (£500), or in
case such judgment, decree, order, or sen-
tence shall involve directly or indirectly any
claim, demand, or question to or respecting
property or any civil right amounting to or of
the value of five hundred pounds sterling
(£500), the person or persons feeling aggrieved
by any such judgment, decree, order, or sen-
tence may, within fourteen days next after
the same shall have been pronounced, made,
or given, apply to the said Court by motion
or petition for leave to appeal therefrom to
Her Majesty, Her heirs and successors, in
Her or their Privy Council; and in case such
leave to appeal shall be prayed by the party
or parties who is or are directed to pay any
such sum of money or perform any duty, the
said Court shall and is hereby empowered

either to direct that judgment, decree, order,
or sentence appealed from shall be carried
into execution, or that the execution thereof
shall be suspended pending the said appeal,
as to the said Court may appear to be most
consistent with real and substantial justice;
and in case the said Court shall direct such
judgment, decree, order, or sentence to be
carried into execution, the person or persons
in whose favour the same shall be given, shall,
before the execution thereof, enter into good
and sufficient security to be approved by the
said Court for the due performance of such
judgments or order as Her Majesty, her heirs
and successors, shall think fit to make there-
upon; and in all cases security shall also be given
by the party or parties appellant in a bond
or mortgage or personal recognizance not ex-
ceeding the value of £500 sterling for the
prosecution of the appeal and the payment of
all such costs as may be awarded by Her Ma-
jesty, her heirs and successors, or by the
Judicial Committee of Her Majesty's Privy
Council, to the party or parties respondent:
and if such last-mentioned security shall be
entered into within three months from the
date of such motion or petition for leave to
appeal, then, and not otherwise, the said
Court shall allow the appeal, and the party or
parties appellant shall be at liberty to prefer
and prosecute his, her, or their appeal to Her
Majesty, Her heirs and successors, in Her or
their Privy Conncil, in such manner and under
such rules as are or may be observed in ap-
peals made to Her Majesty from Her Majesty's
colonies and plantations abroad.

And it is further ordered that it shall be
lawful for the said Supreme Court of New
Zealand, at its discretion, on the petition of
any party who considers himself aggrieved by
any preliminary or interlocutory judgment,
decree, order, or sentence of the said Supreme
Court, to grant permission to such party to
appeal against the same to Her Majesty, Her
heirs and successors, in Her or their Privy
Council, subject to the same rules, regulations
and limitations as are herein expressed res-
pecting appeals from final judgments, decrees,
orders, and sentences.

Provided also, that if in any action, suit,
or other proceeding it shall so happen that no
final judgment, decree, order, or sentence
can be duly given in consequence of a disagree-
ment of opinion between the Judges of the said
Supreme Court, then, and in such case, the final
judgment, decree, order, or sentence may be
entered pro forma on the petition of any
of the parties to the action, suit, or other pro-
ceedings, according to the opinion of the Chief
Justice, or in his absence of the senior Puisne
Judge of the said Supreme Court, provided
that such judgment, decree, order or sentence
shall be deemed a judgment, decree, order, or
sentence of the Court for the purpose of an ap-
peal against the same, but not for any other
purpose.

Provided always, and it is hereby ordered
that nothing herein contained doth or shall ex-
tend, or be construed to extend, to take away,