✨ Legal Proceedings and Judgments
1636
THE NEW ZEALAND GAZETTE.
[No. 51
Right of audience
on appeal.
Transmission of
order of Supreme
Court on appeal.
No appeal to the
Court of Appeal.
Certiorari,
mandamus, and
prohibition taken
away.
Judgments of
Supreme Court or
Magistrate’s Court
in New Zealand
may be enforced
by the High Court.
Enforcement of
judgments of
Supreme Court by
High Court by
way of proceedings
for contempt.
Treason.
Court is of opinion that the proceedings of the High Court were not in
conformity with natural justice or that a substantial miscarriage of
justice has taken place.
-
On every case stated for the Supreme Court of New Zealand,
and in every appeal to that Court, the parties may either appear in
person or be represented by a barrister of the Supreme Court, or may
submit their arguments to the Supreme Court in writing. -
The determination of the Supreme Court on an appeal
from the High Court shall be transmitted to the Registrar of the High
Court by the Registrar of the Supreme Court under the seal of that
Court, and judgment shall thereupon be entered in the High Court in
conformity with that determination, or such other proceedings by way
of a new trial or otherwise shall be taken in the High Court as are
required by such determination. -
There shall be no appeal to the Court of Appeal from any
decision of the Supreme Court of New Zealand on an appeal from the
High Court. -
The Supreme Court shall not exercise control over any
Court in Samoa (whether in respect of want of jurisdiction or otherwise)
by way of certiorari, mandamus, or prohibition, or in any other manner
save by way of appeal in accordance with the provisions of this Order in
that behalf.
Enforcement in Samoa of Judgments of New Zealand Courts.
- (1.) Any person in whose favour any judgment whereby
any sum of money is made payable has been obtained in the Supreme
Court of New Zealand or in a Magistrate’s Court in New Zealand in
civil proceedings may cause a memorial thereof, authenticated by the
seal of the Supreme Court or of the Magistrate’s Court, as the case
may be, to be filed in the High Court of Western Samoa.
(2.) Judicial notice may be taken by the High Court of the seal of the
Supreme Court or Magistrate’s Court so affixed to any such memorial.
(3.) Every such memorial shall set forth the names and additions of
the parties to the proceeding in which the judgment was given, the
form or nature of the proceeding, the date on which the judgment was
given, and the amount payable thereunder.
(4.) Every such memorial being so filed shall thenceforth be a
record of such judgment, and execution may issue thereon with the
leave of the High Court in the same manner as if the like judgment
had been given by the High Court, subject, however, to such terms
and conditions as the High Court may think fit to impose.
(5.) Leave to issue such execution may be given by the High Court
on the application of the party by whom the memorial was filed, and
either ex parte or on notice to the party against whom execution is to
be issued, as the High Court thinks fit.
- (1.) When by any judgment of the Supreme Court of New
Zealand any person has been ordered to do or abstain from doing any
act in Samoa, other than the payment of money, the Supreme Court
may then or any time thereafter direct a memorial of such judgment
under the seal of the Court to be filed in the High Court of Western
Samoa.
(2.) On the filing of such memorial any disobedience to such
judgment, whether before or after the filing of the memorial, shall be
deemed to be a contempt of the High Court, and may be dealt with by
that Court accordingly.
PART V.
CRIMINAL OFFENCES.
- Every one is guilty of treason, and is liable on conviction
thereof to suffer death, who—
(a.) Levies war against His Majesty ;
(b.) Conspires to levy war against His Majesty ;
(c.) Instigates any foreigner with force to invade the Territory or
any part of His Majesty’s dominions ; or
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1920, No 51
NZLII —
NZ Gazette 1920, No 51
✨ LLM interpretation of page content
⚖️
Appeals from the High Court to the Supreme Court
(continued from previous page)
⚖️ Justice & Law EnforcementHigh Court, Supreme Court, Appeals, Jurisdiction, Legal Proceedings
⚖️ Right of Audience on Appeal
⚖️ Justice & Law EnforcementAppeals, Supreme Court, Legal Representation
⚖️ Transmission of Order of Supreme Court on Appeal
⚖️ Justice & Law EnforcementSupreme Court, High Court, Judgment Transmission
⚖️ No Appeal to the Court of Appeal
⚖️ Justice & Law EnforcementCourt of Appeal, Supreme Court, Appeals
⚖️ Certiorari, Mandamus, and Prohibition Taken Away
⚖️ Justice & Law EnforcementSupreme Court, Jurisdiction, Legal Control
⚖️ Enforcement of Judgments of Supreme Court by High Court
⚖️ Justice & Law EnforcementJudgments, Supreme Court, High Court, Enforcement
⚖️ Enforcement of Judgments of Supreme Court by High Court by Way of Proceedings for Contempt
⚖️ Justice & Law EnforcementJudgments, Supreme Court, High Court, Contempt Proceedings
⚖️ Treason
⚖️ Justice & Law EnforcementTreason, Criminal Offences, Legal Proceedings
⚖️ Enforcement in Samoa of Judgments of New Zealand Courts
⚖️ Justice & Law EnforcementJudgments, New Zealand Courts, Samoa, Enforcement