CO129-012 - Sir John Davis - 1845 [5-7] — Page 324

embodying them in the latter shape, but

it is to be borne in mind that until

Ordinance No 15 was

purt

passed - there

was

no

in existence - Besides the

Supreme Court in usual period for promulgating Rules and orders of fourt first Form was fixed for November, and it was proposed that the fourt should- be opened on the 1th October. It therefore_

is in Term time - Now the

become desirable at once. to put practitioners in possession of such Regulations

neeeerary

as

were

to enable them to conduct their

proceedings in due form,

the reason

Loa s

in due form, and this for introducing them into

the Ordinance itself

itself?

'Jobzerve that this 24th section

the fourt power to make Rules and orders

is included.

among.

thore clauses which it fit to be

is said embrace matters more

regulated by Rule of furt __ buit - a Rule

of fourt to give.

Rules

the

fourt..

-

319 Pover to make

of fourt- would be futiler; and- independently of the Rots

of Parliament.

already noticed. the Now Zealand- Inactment- contains a

similar provision,

(Part. IV. Sect.:. 23) and further declares (Seet_.24) that the Rules to be made under the authority thereby given shall have the

lame.

forec

and

effect as if they had been. incerted therein. ." "It may also be remarked

that the 24 section of Ordinan

gives

the

fourt power

Ordinance N15

to atter

or revotrie

any rule or regulation-contained in that Ordinance, touching matters of practice. Ho.

so that such matters would, as it is said

itself, just

-they should be the subjects of continued - revision and amendment by the Court.

the same as if they

if they had appeared in the form of a Rate of fourt.

Mleventhly