Judicature Amendment Act 1910

Judicature Amendment Act 1910

Public Act1910 No 27
Date of assent21 November 1910

Note

This Act is administered in the Department of Justice.


An Act to amend the Judicature Act 1908

1 Short Title
  • This Act may be cited as the Judicature Amendment Act 1910, and shall form part of and be read together with the Judicature Act 1908.

2
  • [Repealed]

    Repealed, as from 1 April 1973, by section 18(3) Judicature Amendment Act 1972 (1972 No 130).

3 Execution of instruments by order of the High Court
  • (1) Where any person neglects or refuses to comply with a judgment or order of the High Court or Court of Appeal directing him to execute any conveyance, contract, or other document, or to endorse any negotiable instrument, the High Court may, on such terms and conditions (if any) as may be just, order that such conveyance, contract, or other document shall be executed or that such negotiable instrument shall be endorsed by such person as the High Court may nominate for that purpose; and in such case the conveyance, contract, document, or instrument so executed or endorsed shall operate and be for all purposes available as if it had been executed or endorsed by the person originally directed to execute or endorse it.

    (2) This section shall not affect any action or other proceeding already commenced in any Court, or invalidate anything heretofore lawfully done, or validate anything already declared to be invalid in any proceedings heretofore taken in any Court.

    The words the High Court were substituted for the words the Supreme Court, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

4 Court or Judge to have discretion in certain cases
  • In any case coming within the exceptions specified in paragraphs (c) and (d) of section 3 of the Imprisonment for Debt Limitation Act 1908, or within either of those exceptions, any Court or Judge making the order for payment, or having jurisdiction in the action or proceeding in which the order for payment is made, may inquire into the case, and (subject to the provisos contained in the said section 3) may grant or refuse, either absolutely or upon terms, any application for a writ of attachment, or other process or order of arrest or imprisonment, and any application to stay the operation of any such writ, process, or order, or for discharge from arrest or imprisonment thereunder.