Amendment of Court of Petty Sessions Rules (ACT)

THE TERRITORY FOR THE SEAT OF

Rules under the Court of Petty Sessions Ordinance

1930-1937.

1 ROBERT GORDON MENZIES, the Attorney-General of the , Commonwealth, in pursuance of the powers conferred upon me

by tho Court of Petty Sessions Ordinance 1930-1937, hereby make the

following Rules under the said Ordinance.

Dated this seventeenth day of December, 1937.

ROBERT G. MENZIES

Attorney-General.

AMENDMENT OF COURT OE P E T T Y SESSIONS RULES.

1. Rule 3 of the Court of Petty Sessi ons Rules is amended by Definitions,

inserting, after the definition of " Clear days", the following

definition:—

" ' Clerk of Petty Sessions' means Clerk of tho Court of Petty

Sessions.".

2. Rule 8 of the Court of Petty Sessions Rules is amended by Affidavit of
omitting the word "for thwith" and inserting in its stead the words service of

" at least three days before the return date ". be filed.

3. Rule 9 of the Court of Petty Sessi ons Rules is amended by Reports as to
omitting all the words commencing with the words " Any police oifieer " action taken on
and ending with the words " has not been executed " and inserting in execution,
their stead the words " Any police officer charged with the execution of
a warrant of execution shall report, in writing, to the Clerk, upon the
expiry of seven days after the delivery.of the warrant for execution,
what has been done under the warrant; and thereafter upon the
expiry of each succeeding seven days; and, if the warrant be not
executed within one month after such delivery, why it has not been

Summons' together with the initials of the Clerk issuing the exchanged

executed;".

4. Rule 29 of the Court of Petty Sessions Rules is repealed and

tho following rule inserted in its stead:—

"29.— (1.) A default summons may, at the request, in writing,, of Default,

the complainant and on payment of a fee of One shilling and sixpence summons may

(which fee shall not be recoverable from the defendant), be exchanged for ordinary

for an ordinary summons (in this rule referred to as an 'exchanged	summons.
summons') upon being returned to the Clerk unserved within twelve months of its issue.

" (2.) An exchanged summons shall bear the same date and number

as the default summons and shall bear the endorsement ' Exchanged

Cosu. 5. Rule 30 of the Uourt of Pet ty Sessions Rules is amended hy

omitting the scale and inserting in its stead the following scale:—•

£ £ £ £

Where the subject matter exceeds.. 10 30 100

But does not exceed 10 30 100 200

£ s. d. £ s. d. £ e. d. £ s. d.

Amount of Solicitor's or Attorney's

costs to be entered	0 12 6	0 16 8	1 17 6	2 10 0
Amount of Solicitor's or Attorney's costs for which judgment may be given where judgment is entered pursuant to the non-entry of a defence	0 7 6	0 10 0	1 2 6	1 10 0

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6. Rule C8 of the Court of Petty Sessions Rules is amended by inserting, after the word "sha l l " (last occurring), the words " , subject to the Ordinance,".