THE NEW ZEALAND GAZETTE. 45

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 admission of appeals to Her Majesty
in Council from any judgments, sentences, decrees,
or orders of any Court of Justice within any British
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 prosecuting 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
sugud, he pode 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 persons 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, regulations, and
limitations as are hereinafter mentioned; that is to
say, in case any such judgment, 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
sentence 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 sentence 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 thereupon; and in
all cases security shall also be given by the party or
parties appellant in a bond or mortgage, or personal
recognizance, not exceeding the value of five hundred
pounds sterling (£500), for the prosecution of the
appeal and payment of all such costs as may be
awarded by Her Majesty, 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
Council, in such manner, and under such rules as
are or may be observed in appeals 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 respecting 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 disagreement 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
proceedings, according to the opinion of the Chief
Justice, or in his absence of the senior Pusine Judge
of the said Supreme Court, provided that such judg-
ment, decree, order, or sentence shall be deemed a
judgment, decree, order, or sentence of the Court for
the purpose of an appeal against the same, but not
for any other purpose:

Provided always, and it is hereby ordered that
nothing herein contained doth or shall extend, or be
construed to extend, to take away, or abridge, the
undoubted right and authority of Her Majesty, Her
heirs and successors, upon the humble petition at
any time of any person or persons aggrieved by any
judgment or determination of the said Court to
admit his, her, or their appeal therefrom, upon such
terms and upon such securities, limitations, restric-
tions, and regulations as Her Majesty, Her heirs or
successors, shall think fit, and to reverse, correct, or
vary such judgment or determination as to Her
Majesty, Her heirs and successors, shall seem
meet.

And it is further ordered that in all cases of
appeal allowed by the said Court or by Her Majesty,
Her heirs or successors, the said Court shall certify
and transmit to Her Majesty, Her heirs and successors,
in Her or their Privy Council, a true and exact copy
of all evidence, proceedings, judgments, decrees, and
orders, had or made in such cases appealed, so far as
the same have relation to the matters of appeal, such
copies to be certified under the seal of the said
Court, and that the said Court shall also certify and
transmit to Her Majesty, Her heirs and successors,
in Her or their Privy Council, a copy of the reasons
given by the Judges of such Court, or by any of such
Judges for or against the judgment or determination
appealed against, where such reasons shall have been
given in writing, and where such reasons shall have
been given orally, then a statement in writing of the
reasons given by the Judges of such Court, or by
any of such Judges, for or against the judgment or
determination appealed against.

And it is further directed and ordained that the
said Court shall, in all cases of appeal to Her
Majesty, Her heirs or successors, conform to and
execute, or cause to be executed, such judgments
and orders as Her Majesty, Her heirs and successors,
shall think fit to make in the premises, in such
manner as any original judgment, decree, or decretal
order, or other order or rule of the said Court of
New Zealand should or might have been executed.

And the most Noble the Duke of Newcastle, one
of Her Majesty's Principal Secretaries of State, is to
give the necessary directions herein accordingly.

W. L. BATHURST.