Proclamation and Order in Council




35

Provided always that gold upon which the said duty
shall have been duly levied and paid on shipment at
any port of the said Colony may be landed in the said
Colony and again shipped for exportation without
any further payment of duty, in the same or different
parcels, upon production to the Collector of Customs
at the port of re-shipment of a certificate under the
hand of the Collector of Customs of the port whence
the said gold was originally shipped, of the due payment of the said duty upon the same or an equal
amount of gold, and upon every such re-shipment, the
Collector of Customs at the port of re-shipment shall
cancel the certificate of payment of duty so produced
to him, as aforesaid, by writing thereupon his name,
the date of such cancellation, and the name of the port
to which such gold is so re-shipped.

And I do declare that this proclamation shall come
into operation and take effect on the first day of
February, 1867.

Given under the hand of His Excellency Sir
George Grey, Knight Commander of the
Most Honorable Order of the Bath,
Governor and Commander-in-Chief in and
over Her Majesty’s Colony of New Zealand
and its Dependencies, at the Government
House, at Wellington, and issued under
the Seal of the said Colony this eighth day
of January, in the year of our Lord one
thousand eight hundred and sixty-seven.

E. W. STAFFORD.

GOD SAVE THE QUEEN!

Colonial Secretary’s Office,
Wellington, 8th January, 1867.

THE following Order of Her Majesty in Council, on
the subject of Appeals from the Supreme Court
of New Zealand, is re-published for general information.

E. W. STAFFORD.

NEW ZEALAND.

Order in Council, to make provision for direct Appeals
from the Supreme Court of New Zealand to Her
Majesty in Council.

At the Court at Buckingham Palace, the 10th day of
May, 1860.

Present:
The Queen’s Most Excellent Majesty in Council.

Whereas by an Ordinance passed by the Governor
and Legislative Council of the Colony of New Zealand
in the 7th year of Her Majesty’s Reign, intituled
“Session III, No. I, An Ordinance for establishing a
Supreme Court,” it was enacted that there should be
within the said Colony a Court of Record, called the
Supreme Court of New Zealand with the powers and
jurisdiction therein specified. And whereas by another
Ordinance passed in the tenth year of Her Majesty’s
reign, and intituled “Session VII, No. III, An Ordinance to Amend an Ordinance for establishing a
Supreme Court, and to establish a Court of Appeal,”
it was enacted that the Governor and Executive
Council of the said Colony shall have power to receive
appeals 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 provided that nothing therein contained
should be construed to affect the power and authority
of Her Majesty to admit an appeal to Her Majesty 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 admitting 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 Parliament holden in the seventh and
eighth years of Her Majesty, it was enacted that it
should be competent for 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
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 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 favor 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 appeals 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:



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1867, No 463





✨ LLM interpretation of page content

🏭 Proclamation Regarding Gold Export and Carriage (continued from previous page)

🏭 Trade, Customs & Industry
8 January 1867
Proclamation, Gold Export, Gold Carriage, Customs
  • His Excellency Sir George Grey, Knight Commander of the Most Honorable Order of the Bath, Governor and Commander-in-Chief in and over Her Majesty’s Colony of New Zealand and its Dependencies
  • E. W. Stafford

⚖️ Order in Council Regarding Appeals from the Supreme Court of New Zealand

⚖️ Justice & Law Enforcement
8 January 1867
Order in Council, Appeals, Supreme Court, Judicial Committee, Privy Council
  • E. W. Stafford