Amendments of the Court of Petty Sessions Rules (ACT)

AUSTRALIAN CAPITAL TERRITORY.

Regulations 1953. No. 15.

Rules under the Court of Petty Sessions

Ordinance 1930-1953.*

J O H N ARMSTRONG- S P I C E R , the Attorney-General of the

I	,	Commonwealth, in pursuance of the powers conferred by the
Court of Petty	Sessions Ordinance	1930-1953, hereby make the

^ ^ following Rules.

Dated this twelfth day of November, 1953.

J . A. S P I C E R Attorney-General.

A M E N D M E N T S O P T H E COURT O F P E T T Y

S E S S I O N S R U L E S .

1. These Rules shall come into operation on the third day of commencement.

December, 1953.

2. Rule 2 of the Court of Pet ty Sessions Rules is amended by parte,

omitting the words—

" PART X I I — F E E S . "

and inserting in their stead the words—

" PART X I I . — F E E S AND WITNESSES' EXPENSES." .

3. Rule 9 of the Court of Pet ty Sessions Rules is amended by particulars of

inserting, after the word " officer ", the words " or bailiff ".	SSSSSnto be
entered in

/ " V 4. Rule 11 of the Court of Pet ty Sessions Rules is amended by N V where

' • ' inser t ing , after the word " officer ", the words " or bailiff " .	levy under
warrant of

5. Rule 12 of the Court of Pet ty Sessions Rules is amended by made,

3661.—PRICE :SI>.

inserting, after the word "officer" (wherever occurring), the words Return where

u	i.	' i - J I »	levy under
" o r	b a i l l f t	.	warrant of execution made.

J 6. Rule 29 of the Court of Pet ty Sessions Rules is amended by Default

omitting from sub-rule (1.) the words " One shilling and sixpence " and ie™™hange<f inserting in their stead the words " F i v e shi l l ings". for ordinary

° summons.

7. P a r t X I I . of the Court of Pet ty Sessions Rules is repealed and

the following Pa r t inserted in its stead:—

" PART X I I . — F E E S AND WITNESSES' EXPENSES.

" 6 8 . The fees specified in the Second Schedule to these Rules are, Court fees,

in respect of the respective matters in that Schedule opposite to which they are specified, the prescribed fees for the purposes of section 245 of the Ordinance.

* Notified in the (inmmirnwealth Qazctte on 27th November, 1953.

Witnesses*

expenses. " 68A. The scale set out in the Third Schedule to these Rules is the

prescribed scale for the purposes of section 247 of the Ordinance.".

The First

Schedule. 8. The First Schedule to the Court of Pet ty Sessions Rules is

amended—

(a) by inserting in Form 3, after the word " Police " , the words

" o r Bail iff"; and

(b) by omitting from Form 19 the words " Ten shillings " and

inserting in their stead the words " One pound " .

The Second

and Third 9. The Second Schedule to the Court of Pet ty Sessions Rules is

Schedules. repealed and the following Schedules inserted in its stead :— m

THE SECOND SCHEDULE.

Rule 68.

FEES. .^

£ s. d.

1. For drawing information, complaint, defence, plea, notice, applica-

tion, affidavit or other document a t request of par ty 5 0

2. On laying of an information or making of a complaint, including

setting down for hearing 5 0

3. For drawing and issuing summons, warrant, order or other docu-

ment (including filing praecipe) and copy for service . . 5 0

4. For second or subsequent copy of summons, warrant, order, or

other document for service	5 0
5. For filing a defence (including affidavit verifying), plea, notice, application, affidavit or other document, including setting down for hearing	5 0
6. For serving or executing, or attempting to serve or execute, any

process (including making and filing affidavit or return) —

Within a radius of one mile from the office of the Court of

Petty Sessions 5 0

Beyond a radius of one mile from the office of the Court of

Petty Sessions—

For the first radial mile from the office of the Court of

Petty Sessions

For each additional radial mile or part of a radial mile . .

7. For entering default judgment

8. For search in an index or inspection of a record	a>
9. For copy or extract of certificate, notice, judgment, order or other

document or record of the Court, per folio of seventy-two words 10. For checking copy or extract of certificate, notice, judgment, order

or other document or record of the Court where copy .supplied

by the person requesting the checking of the copy or extract, per	{•
folio of seventy-two words	6

11. For certificate of Clerk	0	(1
12. For possession under warrant of execution, for each person engaged
1!

—per day 0

13. For making a levy under warrant of execution	10	II
14. For conducting sale under warrant of execution	0	0
15. For collection, where amount of wan ant of execution paid on
demand	5	II
16. On application to remove action to Supreme Court	0	0
0	(1
17. For recognizance taken on an appeal to Supreme Court 18. For every enlargement or renewal of recognizance taken on an	5	(1

appeal to Supreme Court

19. On application for leave to appeal to Supreme Court, 0 (I

THE THIRD SCHEDULE.

Rule <S8A.

W I T N E S S E S ' EXPENSES.

Allowance per day.

£ s. <1. £ x. d.

Professional men, including—

Medical Practitioners . . . . . .

Legal Practitioners . . . . . . !

Architects

Engineers or Surveyors

Dentists 1 5 0 to 5 5 0

Veterinary Surgeons . . i

University Professors . . . . . . . . i Accountants (carrying on business as principals) ; Patent Attorneys . . j

Tf country witnesses, an additional daily allowance

of . . . . . . '. . . . 0 5 0 to 1 10 0

2. Graziers, merchants, bankers, accountants, auctioneers,

and the like . . 0 10 (i to :i :! 0

If country witnesses, an additional daily allowance

of . . . . . . . . ' . . 0 o 0 to 1 5 0

'.',. Police inspectors, journalists, tradesmen, artisans,

mechanics, master mariners, farmers, clerks, and the

like . . . . . . . . . . 0 7 <l to 2 10 0

If country witnesses, an additional dailv allowance

of . . . . . . .. ' . . . . 0 5 0 to 1 5 0

4. Constables, apprentices, sailors, labourers and the like . . 0 5 I) to 1 1 0 0

If country witnesses, an additional daily allowance

of . . . . . . . . ' . . 0 5 0 to 1 5 0

5. Female witnesses not engaged in business or a profession,

and not in receipt of salary or wages II 5 0 to 1 1 0

If country witnesses, an additional daily allowance

of . . 0 :; (i to 1 ") 0

6. Female witnesses engaged in business or a profession,

or in receipt of salary or wages . . Same as male
witnesses of
similar class.

7. A witness shall be deemed to be a country witness if he does not reside within five miles of the place at which he gives evidence, or if he does not ordinarily proceed to an office or place of employment which is within five miles of that place.

< • ! •

8. In addition to the above allowances, a country witness may be allowed such sum as the Magistrate thinks reasonable to provide for actual expenses of conveyance to and from the place at which he gives evidence,

excluding any charges for maintenance or sustenance.

I 9. The Magistrate may also allow such amount as he thinks

has been reasonably and properly incurred and paid to

witnesses for qualifying to give skilled evidence.

By Authority: L V. JOHNSTON, Commonwealth Government Printer, Canberra.