Supreme Court Act 1860 Amendment Act 1866
Supreme Court Act 1860 Amendment Act 1866
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Supreme Court Act 1860 Amendment Act 1866
Supreme Court Act 1860 Amendment Act 1866
Public Act |
1866 No 79 |
|
Date of assent |
8 October 1866 |
|
Contents
An Act to amend “The Supreme Court Act 1860.”
Preamble.
WHEREAS it is expedient to amend an Act of the General Assembly of New Zealand intituled “An Act to Consolidate and Amend the Law relating to the Supreme Court in New Zealand”
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows:
I Short Title.
The Short Title of this Act shall be “The Supreme Court Act 1860 Amendment Act 1866.”
II Extending time within which sentence of death shall be carried out.
The words “seven days”
shall be substituted for the words “three days”
in section eight of “The Supreme Court Act 1860.”
III Judge pronouncing sentence of death not to make order for burial of body.
Whenever sentence of death shall be pronounced by any Court or Judge in New Zealand such Court or Judge shall not either in or by such sentence or at any time make any order for the disposition or burial of the body of the person on whom the sentence is to be executed and the body of any person on whom sentence of death shall have been carried into execution shall be either buried within the gaol or place where such execution shall have been had or in such other place as the Governor may direct either as to the particular case or generally as to all executions in the gaol where such execution shall have been had.
IV Judges to have jurisdiction within their judicial districts when absent therefrom.
Proviso.
It is hereby declared and enacted that every Judge of the Supreme Court of New Zealand to whom any Judicial District has been or shall hereafter be assigned has and shall have when absent from the district assigned to him wherever he may be within the Colony the same jurisdiction and the like powers and authorities as to the Civil and Criminal and other business depending in the Supreme Court in the Judicial District so assigned to him and as to all matters whatsoever as such Judge has or would have if at the time he were sitting or acting within the Judicial District so assigned to him Provided that nothing in this section of this Act contained shall be deemed to alter or affect the present law or the practice of the Supreme Court relating to the holding Courts for hearing and determining cases of crimes or misdemeanours or issues of fact joined in any action or proceeding in the Supreme Court within any district assigned to any Judge or removed to such district for trial out of some other district.
V Act to have retrospective operation.
All acts matters and things done or commenced to be done before the passing of this Act by any Judge of the Supreme Court to whom any Judicial District has been assigned when not within the district so assigned to him relating to the Criminal Civil and other business depending in the Supreme Court in such district shall be deemed to have been and to be as valid and effectual for all purposes whatsoever as if such Judge had at the time of doing or commencing to do such act matter or thing been sitting or acting within the Judicial District so assigned to him and in which such business was depending.
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Versions
Supreme Court Act 1860 Amendment Act 1866
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