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“Queensland Statute Reprints”

QUT Digital Collections

This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).

This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.

©State of Queensland

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QUEENSLAND

TilE SUPREME COURT ACT OF 1889, 53 Vic. No. 17

[Reprinted as at 1 May, 1983]

Supreine Colirt Ad of 1889, 53 Vic. No. 17 As amended by Supreme Colirt Act of 1892, 55 Vic. No. 37 Supreme Court Act of 1895, 59 Vic. No. 21

Supreme Colirt Acts Amendment Act of 1903, 3 Edw. 7 No.9 Statute Law Revision Act of 1908, 8 Edw. 7 No. 18

An Aot to Amend the Supreme Court Acts of 1867 and 1874 [Assented to 13 November, 1889]

Preamble repealed by Act of 1908, 8 Edw. 7 No. 18, s. 2.

BE IT THEREFORE ENAcrED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

1. Short title. This Act shall, so far as is consistent with the tenor thereof, be read and construed, with and as an amendment of "The Supreme Court Act of 1867" and "The Supreme Court Act of 1814,"

hereinafter called the Principal Acts, and may be cited together with the principal Acts as "The Supreme Court Acts, 1861 to 1889," and separately as "The Supreme Court Act of 1889."

2. (Repealed).

Repealed by Act of 1908, 8 Edw. 7 No. 18, s. 2.

3. Interpretation. In the construction of this Act, unless there is anything in the subject or context repugnant thereto, the several words and expressions hereinafter mentioned shall have and include the meanings following, that is to say-

"The Court"-shall mean the Supreme Court of Queensland;

"Rules of Court" shall include forms.

As amended by Act of 1895, 59 Vic. No. 21, s. 3.

4. (Repealed).

Repealed by Act of 1908, 8 Edw. 7 No. 18, s. 2.

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2 ss. 5-21 SUPREME COURT ACT OF 1889

5. Appointments . already made to be valid. Every appointment heretofore made by the Governor in Council of any officer of the Court which would have been valid if the judge or judges of the Court had previously certified that such appointment was necessary, shall be deemed to have been valid, and every officer so appointed shall be deemed to have held his office from the date of such appointment, and shall hereafter hold his office in the same manner in all respects as if this Act had been in force at the time of his appointment:

Provided that no specific act done by any officer to the validity Qf which objection has been taken before the passing of this Act is made valid by virtue of this section:

Provided further, that except for the purpose of having any act which is not made valid by virtue of this section set aside or determined to be invalid, no claim, demand, action, suit, or other proceeding shall be made,. instituted, or maintained in any Court whatsoever against any officer in respect of any act of such officer, or against any person or persons whatsoever in respect of ·anything done or suffered in consequence or in pursuanc.e . of any act of such officer which would have been lawful if this Act had been in force at the time such officer was appointed.

6. (Repealed).

Repealed by AcLof 1908, 8 Edw. 7 No. 18, s. 2.

7. (Repealed).

Repealed by Act of 1903, 3 Edw. 7 No. 9, s. 4.

8. (Repealed).

Repealed by Act of 1895, 59 Vic. No. 21, s. 3.

9. (Repealed).

Repealed by Act of 1903, 3 Edw. 7 No. 9, s. 4.

10 .. 12. (Repealed).

Repealed by Act of 1895, 59 Vic. No. 21, s. 3.

13. (Repealed).

Rep~ed by Act of 1892, 55 Vic. No. 37, s .. 3.

14-21. ~Repealed).

Repealed by Act of 1895, 59 Vic. No. 21, s. 3.

SCHEDULE (Repealed).

Repealed by Act of 1908, 8 Edw. 7 No. 18, s. 2.

55252-B.y Authority: S. R. HAMPSoN. Government Printer, Queensland

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