Legislation and Notices




THE NEW ZEALAND GAZETTE. 13

Judge and Registrar to have same power as to Arbitration as
Judges and Masters at Common Law.

  1. All the powers possessed by any of the Superior
    Courts of Common Law, or any Judge thereof, under
    "The Common Law Procedure Act, 1854," and other-
    wise, with regard to references to arbitration, pro-
    ceedings thereon, and the enforcing of awards of
    arbitrators, shall be possessed by the Judge of the
    High Court of Admiralty in all causes and matters
    depending in the said Court, and the Registrar of the
    said Court of Admiralty shall possess, as to such
    matters, the same powers as are possessed by the
    Masters of the said Superior Courts of Common Law
    in relation thereto..

Section 15 of 17 and 18 Vict., c. 104, extended to Registrar of
Court of Admiralty.

•24. The Registrar of the High Court of Admiralty
shall have the same powers under the fifteenth section
of "The Merchant Shipping Act, 1854," as are by
the said section conferred on the Masters of Her
Majesty's Court of Queen's Bench in England and
Ireland.

Powers of Registrar and of Deputy or Assistant Register.

  1. The Registrar of the High Court of Admiralty
    may exercise, with reference to causes and matters in
    the said Court, the same powers as any surrogate of
    the Judge of the said Court sitting in chambers might
    or could have heretofore lawfully exercised; and all
    powers and authorities by this or any other Act con-
    ferred upon or vested in the Registrar of the said
    High Court of Admiralty may be exercised by any
    Deputy or Assistant Registrar of the said Court.

False Oath or Affirmation deemed Perjury.

  1. The Registrar of the said Court of Admiralty
    shall have power to administer oaths in relation to
    any cause or matter depending in the said Court; and
    any person who shall wilfully depose or affirm falsely
    in any proceeding before the Registrar or before any
    Deputy or Assistant Registrar of the said Court, or
    before any person authorized to administer oaths in
    the said Court, shall be deemed to be guilty of perjury,
    and shall be liable to all the pains and penalties
    attaching to wilful and corrupt perjury.

Appointment of Registrar and of Deputy or Assistant Registrar.

  1. Any advocate, barrister-at-law, proctor, attor-
    ney, or solicitor of ten years standing may be ap-
    pointed Registrar or Assistant or Deputy Registrar
    of the said Court.

Appointment of Examiners.

  1. Any advocate, barrister-at-law, proctor, attor-
    ney, or solicitor, may be appointed an Examiner of
    the High Court of Admiralty.

Stamp Duty not payable on subsequent Admissions of Proctors
or Solicitors.

  1. Any person who shall have paid on his admis-
    sion in any Court as a proctor, solicitor, or attorney
    the full stamp-duty of twenty-five pounds, and who
    has been or shall hereafter be admitted a proctor,
    solicitor, or attorney (if in other respects entitled to
    be so admitted), shall be liable to no further stamp-
    duty in respect of such subsequent admission.

Proctor may act as Agent of Solicitors.

  1. Any proctor of the High Court of Admiralty
    may act as agent of any attorney or solicitor, and
    allow him to participate in the profits of and incident
    to any cause or matter depending in or connected
    with the said Court; and nothing contained in the
    Act of the fifty-fifth year of the reign of King
    George the Third, chapter one hundred and sixty,
    shall be construed to extend to prevent any proctor
    from so doing, or to render him liable to any penalty
    in respect thereof.

2 Henry IV., c. 11, repealed.

  1. The Act passed in the second year of the reign
    of King Henry the Fourth intituled " A Remedy for

him who is wrongfully pursued in the Court of
Admiralty," is hereby repealed.

Power of Appeal in Interlocutory Matters.

  1. Any party aggrieved by any order or decree of
    the Judge of the said Court of Admiralty, whether
    made ex parte or otherwise, may, with the permission
    of the Judge, appeal therefrom to Her Majesty in
    Council, as fully and effectually as from any final
    decree or sentence of the said Court.

Bail given in the Court of Admiralty good in the Court of
Appeal.

  1. In any cause in the High Court of Admiralty
    bail may be taken to answer the judgment as well of
    the said Court as of the Court of Appeal, and the
    said High Court of Admiralty may withhold the
    release of any property under its arrest until such
    bail has been given; and in any appeal from any
    decree or order of the High Court of Admiralty the
    Court of Appeal may make and enforce its order
    against the surety or sureties who may have signed
    any such bail-bond in the same manner as if the bail
    had been given in the Court of Appeal.

As to the hearing of Causes and Cross Causes.

  1. The High Court of Admiralty may, on the
    application of the defendant in any cause of damage,
    and on his instituting a cross cause for the damage
    sustained by him in respect of the same collision,
    direct that the principal cause and the cross cause
    be heard at the same time and upon the same
    evidence; and if in the principal cause the ship of
    the defendant has been arrested or security given by
    him to answer judgment, and in the cross cause the
    ship of the plaintiff cannot be arrested, and security
    has not been given to answer judgment therein, the
    Court may, if it think fit, suspend the proceedings in
    the principal cause, until security has been given to
    answer judgment in the cross cause.

Jurisdiction of the Court.

  1. The jurisdiction conferred by this Act on the
    High Court of Admiralty may be exercised either by
    proceedings in rem or by proceedings in personam.

Office of the Commissioner of Customs,
Wellington, 2nd January, 1869.

His Excellency the Governor has been pleased to
appoint WILLIAM SEED, Esq.,
to be Chief Inspector of Distilleries.

E. W. STAFFORD
(in the absence of Mr. Richmond).

Registrar-General's Office,
Wellington, 31st December, 1868.

NOTICE to Applicants for Letters Patent.-
According to the provisions of "The County of
Westland Act, 1868," applicants for Letters Patent
must insert the notice of application required by the
seventh section of "The Patents Act, 1860," not only
in a newspaper published in the principal town of
each Province in the Colony, but also in a news-
paper published at Hokitika, in the said County.

JOHN B. BENNETT.

SUPREME COURT OF NEW ZEALAND,
WELLINGTON DISTRICT.

SITTING OF JUDGE IN CHAMBERS.

NOTICE is hereby given, that His Honor the
Judge will sit in Chambers, at the Supreme
Court House, Lambton Quay, Wellington, for the
despatch of the general business of the Court, on
Tuesdays and Fridays, at 11 a.m., except when the
Court is sitting, or on Holidays, or during the
Vacation.

By order of the Court,
ALEX. S. ALLAN,
Registrar.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1869, No 1





✨ LLM interpretation of page content

⚖️ Sections 23 to 35 of The Admiralty Court Act, 1861 (continued from previous page)

⚖️ Justice & Law Enforcement
17 May 1861
Admiralty Court, Legislation, Arbitration, Registrar powers, Perjury, Appeal

🏭 Appointment of Chief Inspector of Distilleries

🏭 Trade, Customs & Industry
2 January 1869
Appointment, Chief Inspector, Distilleries, Customs Office
  • E. W. Stafford
  • Mr. Richmond

🏛️ Notice regarding Patent Application advertising requirements in Westland County

🏛️ Governance & Central Administration
31 December 1868
Patents, Letters Patent, Advertising requirements, Westland County, Hokitika
  • JOHN B. BENNETT

⚖️ Supreme Court Judge sitting in Chambers schedule for Wellington

⚖️ Justice & Law Enforcement
Supreme Court, Judge, Chambers sitting, Wellington, Business schedule
  • ALEX. S. ALLAN, Registrar