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©State of Queensland
QUEENSLAND
SUPREME COURT ACTS 1861-1983
[Reprinted as at 1 May, 1983]
Supreme Court Constitution Amendment Act of 1861, 25 Vic. No. 13 As amended by
Repealing Act of 1867, 31 Vic. No. 39
Statute Law Revision Act of 1908, 8 Edw. 7 No. 18
An Act to Amend the Constitution of the Supreme Court of Queensland and to Provide for the better Administration of Justice
[Assented to 7 August, 1861]
BE IT THEREFORE ENACTED 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:-
Short title conferred by the repealed s. 70.
Collective title conferred by Act of 1983, No. 6, s. 8.
Preamble repealed by Act of 1908, 8 Edw. 7 No. 18, s. 2.
1·31. (Repealed).
Repealed by Act of 1867, 31 Vic. No. 39, s. 2.
32. Deeds, etc. may be registered. From the passing of this Act all Acts of the Legislature Crown Grants Wills and other Instruments affecting land cattle mortgages and liens on wool and letters of naturaliza- tion within the Colony of Queensland may be enrolled or registered in the office of the Registrar of the said Supreme Court of Queensland and for all purposes of and connected with such enrolment and registration the said Registrar shall have the same powers liabilities and duties in every respect as the Registrar-General would have had under any Act of Parliament for the registration of deeds except for the provisions of this Act.
33-48. (Repealed).
Repealed by Act of 1867, 31 Vic. No. 39, s. 2.
2 ss. 49-70 SUPREME COURT CONST. AMDT ACT OF 1861 49. As to examination of witnesses on interrogatories. After the passing of this Act the same powers and jurisdiction with respect to the examination of witnesses by commission or otherwise shall in every action and suit in the Supreme Court of Queensland be vested in and may be exercised by the Judge or Judges of the said Court at Brisbane and" each of them (whether any such witness shall reside within the jurisdiction of any such Judge or not) as are vested in the several courts at Westminster and the Judges thereof respectively in actions then pending by the Act passed in the first year of His late Majesty intituled
"An Act to enable Courts of Law to order the examination of witnesses upon interrogations and otherwise."
50-62. (Repealed).
Repealed by Act of 1867, 31 Vic. No. 39, s. 2.
63. Habeas Corpus. It shall be lawful for any prisoner to apply to the Police Magistr-ate of Brisbane for the time being for a conditional rule or order to admit any such prisoner to bail on an application made to him for a writ of Habeas Corpus and such Police Magistrate shall have power to issue the same if he shall think fit and the said Rule or Order shall have the same force and effect as if it had been granted by a Judge of the Supreme Court Provided always that no such Rule or Order shall be made absolute except by a Judge of the Supreme Court.
64-70. (Repealed).
Repealed by Act of 1867, 31 Vic. No. 39, s. 2.
55253- By Authority: S. R. HAMPSON. Government Printer, Queensland
