Circuit Courts Act 1897 (WA)

Zallextern gurtratia.

ANNO SEXAGESIMO PRIMO

VICTORDE REGEN 1E.

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No. XXVIII.

AN ACT for the holding of Courts at places distant from the Court House of the Supreme Court.

[Assented to, 23rd December, 497.]

with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament	I3E it enacted by the Queen's Most Excellent Majesty, by and
assembled, and by the authority of the same, as follows :—

1.	THIS Act may be cited as the Circuit Courts Act, 1897.	Short title,
2.

ME Governor may, from time to time, by proclamation published in the Government Gazette, declare that such portions of

Governor may pro-

Itm Circuit Dis-

the Colony of Western Australia as he thinks fit shall form Circuit

tricts and place and

tune for holding

Districts, and shall assign a name to each of such districts, and define

sittings of the

the boundaries of the same respectively; and may, in like manner,

Supreme Court there.

increase or decrease the number of such districts, and may alter the name and boundaries of any Circuit District ; and a sitting of the

610 VICTORtiE, No. 28.

Circuit Courts.

Supreme Court shall be held in every such district once at least every three months at a time and place to be appointed by the Governor by the like or any subsequent proclamation.

THE Governor may from time to time issue a commission Judge of the Supreme Court or a Commissioner to hold a sitting of the Supreme Court in a Circuit District at a time and place to be named in the commission.

3.

Governor may com-

mission Judge to hold	under section twelve of the Supreme Court Act, 1880, authorising a
Circuit Court.

IF on the day and at the place appointed a Judge of the Supreme Court or a Commissioner does not attend, then the sitting of the Court shall be deemed to be adjourned to the next business day, and so on from day to day until a Judge of the Supreme Court or a Commissioner shall attend.

4.

Adjournment if no

Judge attends.

THE Resident Magistrate of the district within which the by the Judge or Commissioner, issue a precept under his hand, directed to the bailiff or other officer of the Magistrate's Court, to summon for the trial of all treasons, felonies and misdemeanours to be heard and determined before the said Court, not more than forty and not less than twenty jurors, and for the trial of any issue in a civil cause such number and class of jurors as the Judge or Com- missioner may in his requisition direct.

5.

Judge or Commis-

sioner may require	sitting of the Supreme Court is to be holden shall, whenever required
jury to be summoned.

Juries not to be 6. THE provisions of section twenty-eight of the Jury Act, 1871,

struck under this

and of section five of the Jury Act Amendment, 1880, relating to the

Act.

striking of juries, shall not apply to any issue in a civil cause to be

tried in a Circuit Court.

on receipt of precept,Summoning officer, five clear days before the day appointed for holding the Court, the 7. UPON the receipt of any such precept, and not less than

to summon jurors. summoning officer shall summon the persons by means of a summons

signed by him, to the following effect:—

To

You are hereby required to serve as a

juror at the sitting of the Supreme Court to be holden at the Court House at on the day of at in the forenoon, and therein to attend from day to day until you shall be discharged by the Court.

Dated this day of 18

Summoning Officer.

61° VICTORLE, No. 28.

Circuit Courts.

8.

EVERY person attending as aforesaid in obedience to a summons as a juror shall receive payment for Ins attendance and his	Jurors to be paid as
for attendance at
journeys on the same scale as is provided for jurors attending the	Supreme Court at
Perth.
Supreme Court at Perth.

EVERY person who shall be committed by any Magistrate, Justice or Justices sitting within any Circuit District to be tried for	Prisoners to be com-
mitted for trial at
ally offence shall be committed to be tried at the first sitting of the	Circuit Districts.Supreme Court in
Supreme Court to be thereafter holden within the said district.

9.

10.

WHENEVER. a person is committed to be tried at the Criminal Sessions of the Supreme Court at Perth or in some Circuit	Supreme Court or
Judge may order
District, the Supreme Court, or a Judge thereof, may, if it appears	place of trial ofaccused person to be
desirable in the interests of justice, and upon notice to the Attorney	changed, and wit-
General, if such application be not made at his instance, order that	with copy of ordernesses being served
the trial shall be had at some other place ; and upon a witness being	must attend.
served with a copy of the order, the recognisance for his appearance shall be effectual to compel him to attend the place mentioned in such order as the place of trial.

11. IF any person ordered to be tried at a place other than that If defendant, whose

at which he has been committed to take his trial has been admitted	place of trial is
to bail, any Justice of the Peace may, at the instance of the	bail, he may be re-changed, is out on
Attorney General or other counsel for the Crown duly authorised in	quired to give fresh
that behalf, cause such person to be brought before such Justice, and	bail or go to prison.
require such person to find sureties for his due appearance at the place named in such order, and in default of his finding sureties may commit him to gaol, and from and after the appearance before such Justice of such person, he and his sureties shall be discharged from the recognisances theretofore entered into for his appearance for trial at the place therein named.

IF any person committed for trial is ill gaol, the Sheriff, on being served with a duplicate of the order, shall cause such person	Sheriff to convey
to Circuit Court pri-
to he conveyed to the place and at the time mentioned in the order	tried there.soners who are to be
for his trial.

12.

THE Resident Magistrate of every district in which a Circuit Court is appointed to be held shall provide, out of moneys to be set apart for that purpose by Parliament, a proper private lodging and attendance for the Judge or Commissioner who is to preside at such Court. Judge's lodgings.

13.

14. THE expression `° Circuit Court " shall mean any sitting of b Interpre 0

the Supreme Court in a Circuit District.

or VICTORI1E, No. 28.

Circuit Courts.

15 WITHIN such Circuit District all appeals against con- •

Appeal s agai nst con-

viotions of Justices. VialOBS or orders of the Justices of the Peace, and all other appeals

directed to be heard before Justices of the Peace in Session, shall be

heard and determined before the said Circuit Court.

In the name and on behalf of the Queen I hereby assent

to this Act.

GERARD SMITH, Governor.

By Authority : RICHARD PETHER, Government Printer Perth.