β¨ Legislation Explanation and Notices
THE NEW ZEALAND GAZETTE. 451
Sections 14 to 19.
These Sections merely re-enact, with a few
verbal alterations, the existing Provisions
contained in Sections 1 to 5 of 2 and 3 Will.
4, c. 51.
within Her Majesty's Possessions in India;
viz., Calcutta, Madras, Bombay, and Aden.
These Courts have been expressly excepted
at the request of the Secretary of State for
India, who was of opinion that the Provisions
of the Act should not be extended to them,
no representation having reached him that
any such extension was necessary.
Schedule B.
Specifies the Acts and Parts of Acts
repealed. They areβ
(1.) 56 Geo. 3, c. 82., which confirmed the
Judicial Acts of Surrogates of Vice-
Admiralty Courts during Vacancies
in the Office of Judge, and which
is superseded by the general Provi-
sions contained in Sections 8 and
9 of this Act.
(2.) 5 Geo. 4, c. 113, s. 29, which fixed
the time to be allowed for appealing
in Slave Trade Cases, and is superseded
by Section 23 of this Act.
(3.) 2 & 3 Will. 4, c. 51., which is em-
bodied in this Act, with a few verbal
alterations.
(4.) 6 & 7 Vict. c. 38, s. 11., which fixed
the time for appealing from the Eccle-
siastical and Vice-Admiralty Courts,
and which is superseded as to the
latter by Section 23 of this Act.
(5.) 17 & 18 Vict. c. 37., which confirmed
the Judicial Acts of a Judge of the
Vice Admiralty Court of Mauritius
who had been informally appointed,
and which, like the 56 Geo. 3, c. 82.,
is superseded by Sections 8 and 9 of
this Act.
Section 20.
The Registrar of the High Court of Admi-
ralty was empowered to administer Oaths by
the 24 Vict. c. 10, s. 26, and the Object of
this Section is to confer a similar Power upon
the Registrars of the Vice-Admiralty Courts.
The Section is adopted mutatis mutandis
from that in the 24 Vict. c. 10.
Gibbes, Sir S. O., accepting his resignation of
Seat in Legislative Council.
Colonial Secretary's Office,
Auckland, 9th October, 1863.
HIS Excellency the Governor directs it to
be notified that
Sir S. OSBORNE GIBBES, Bart.,
has resigned his seat in the Legislative Council
of New Zealand, and that His Excellency
accepted such resignation on the 6th instant.
ALFRED DOMETT.
Section 21.
The Object of this Section is to place the
Parties in certain Cross Causes on an equality.
It is adopted with merely verbal alterations
from Section 34 of the 24 Vict. c. 10. It is
simply a Matter of Practice.
Canterbury Ordinances left to their operation.
Colonial Secretary's Office,
Auckland, 8th October, 1863.
THE following Ordinances, passed by the
Superintendent and Provincial Council of
the Province of Canterbury, intituled
"THE FERRYMEAD RAILWAY AND WHARF
TOLLS ORDINANCE,"
"THE PUBLIC HOUSE ORDINANCE, 1863,"
having been laid before the Governor, in con-
formity with the provisions of the "Constitution
Act," His Excellency has been pleased to leave
the same to their operation.
ALFRED DOMETT.
Section 22.
The Section provides that there shall not
be any Appeal from any Decree of a Vice-
Admiralty Court which is not in the Nature
of a final Sentence, except by permission of
the Judge.
Section 23.
The object of this Section is to obviate the
delay which has occurred from the great
length of time allowed for appealing. By the
5 Geo. 4. c. 113, s. 29, the Slave Trade Con-
solidation Act, the time allowed for appealing
from any Vice-Admiralty Court to the West
of the Cape of Good Hope was 12 months,
and from the Court at the Cape, and any
Vice-Admiralty Court to the Eastward of the
Cape, 18 months. By the 6 and 7 Vic. c. 38,
s. 11, which was an Act for regulating
Appeals to the Judicial Committee of the
Privy Council, the time allowed for appealing
was 12 months from the Vice-Admiralty
Court at the Cape of Good Hope, and from
all Vice-Admiralty Courts to the West-
ward thereof, and 18 months from Vice-
Admiralty Courts to the Eastward thereof
With the present facilities of communication
6 months will probably be ample time for
appealing from any Vice-Admiralty Court
wherever established. It is clearly desirable
to shorten the time, as far as can be done
without injustice to Appellants, especially as
no Distribution can be made of Bounties in
Slave and Piratical Cases, or of other Naval
Prize Money arising out of Prizes condemned
in the Vice-Admiralty Courts, until the ex-
treme time for appealing has expired. Power
is, however, reserved to Her Majesty of ex-
tending the time allowed for appealing in
Cases in which it may appear right to do so.
Section 24.
This Section repeals Three Acts which are
superseded by this Act, and saves the existing
rules of Practice and Tables of Fees estab-
lished under the 2 & 3 Will. 4, c. 51., until
new Rules shall be issued.
Schedule A.
Schedule A. contains a List of the Courts
to which the Act applies. It includes all the
existing Vice-Admiralty Courts, except those
Next Page →
β¨ LLM interpretation of page content
ποΈ
Explanation of Provisions of the Vice-Admiralty Courts Act, 1863 (Sections 14-24 and Schedules)
(continued from previous page)
ποΈ Governance & Central Administration8 June 1863
Vice-Admiralty Courts, Legislation, Sections, Schedule B, Practice, Appeals, Schedule A
ποΈ Resignation of Sir S. O. Gibbes from the Legislative Council
ποΈ Governance & Central Administration9 October 1863
Resignation, Legislative Council, Governor, Appointment acceptance
- S. Osborne Gibbes (Sir, Baronet), Resigned seat in Legislative Council
- Alfred Domett
ποΈ Canterbury Provincial Ordinances left to their operation
ποΈ Provincial & Local Government8 October 1863
Ordinances, Canterbury Province, Legislation approval, Ferrymead Railway, Public House
- Alfred Domett
NZ Gazette 1863, No 53