District Courts Act of 1958 (7 Eliz Ii No. 66) (Qld)

DISTRICT COURTS. 7 E liz . II. No. 66,1958. District Courts Act. 121 DISTRICT COURTS. An Act to Establish District Courts. [A ssented to 16 th D ecember , 1958.] 7 E liz . II. No. 66. T he D istrict C ourts A ct of 1958. E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament Assembled, and by the authority of the same, as follows:— P art I. —P reliminary . P art I.— P reliminary . *1. (1.) This Act may be cited as “ The District shorttitie. Courts Act of 1958.” ^ Pi!)1*0' (2.) This Act is divided into Parts, as follows :— Parts of Act. P art I. —P reliminary ( ss . 1-5); P art II. —C ourts , J udges , J urors and O fficers ( ss . 6-48); P art III. —C riminal J urisdiction P rocedure ( ss . 49-56); and P art IV. —C ivil J urisdiction ( ss . 57-69); P art V. —C ivil P rocedure ( ss . 70—135); P art VI.— R ecovery of P ossession of L and ( ss . 136-142); P art VII.— A ppeals ( ss . 143-157); P art VIII. —E nforcement of J udgments (ss. 158-187); P art IX.— G eneral P rovisions ( ss 188-194). *2. (1.) This Act shall come into force on a daycommence- or days to be fixed by the Governor in Council byment of Aot- Proclamation published in the Gazette. Different days may, from time to time, be fixed for different Districts. * Sections 1, 2 and 3 and Parts II. and IX. of “ The District Courts Act of 1958,” came into force on 19 Mar., 1959. (Proc. pubd. Gaz. 21 Mar., 1959, at p. 1703.) The remaining provisions of this Act came into force on 10 Apr., 1959. (Proc. pubd. Gaz. 10 Apr., 1959, p. 1939.)

122 P art I.— P reliminary . DISTRICT COURTS. DistrictCourtsAct. 7 E liz . II. No. 66, Limited application. (2.) The Governor in Council may, from time to gx by Proclamation published in the Gazette the day on which and the District or Districts in which any part or provision of this Act shall come into force, and may fix different days for different parts or provisions (whether contained in the same part or section or in different parts or sections) and for different Districts and the part or provision so specified shall come into force in the District or Districts so specified accordingly. (3.) The Governor in Council may by Proclamation published in the Gazette order that any part or provision of this Act then in force in a District shall cease to be in force in that District for such period as may be specified therein or until such time as the Governor in Council proclaims that such part or provision shall come into force again in that District. The Governor in Council is hereby empowered to make any such lastmentioned Proclamation. interpret*- *3. In thisAct,unless the context otherwise indicates (Compare 55 or requires, the following terms have the meanings vie. No. 33, respectively assigned to them, that is to say :— Action. Chief Justice. Court or District Court. District. Goods. Judge or District Court Judge. “Action”—A civil proceeding commenced by plaint; “ Chief Justice ”—The Chief Justice of Queensland or during his absence or disability the Senior Puisne Judge or during the absence or disability of both of them the next senior Judge of the Supreme Court; “ Court ” or “ District Court ”—A Court appointed under the authority of this Act; “ District ”—A particular district assigned to a District Court under the provisions of this Act; “ Goods ”—Includes money or bank notes, and cheques, bills of exchange, promissory notes, specialties, or other securities for money ; “ Judge ” or “ District Court Judge ”—A Judge of a District Court or District Courts and includes a Deputy Judge; * Sections 1, 2 and 3 and Parts II. and IX. of “ The District Courts Act of 1958” came into force on 19 Mar., 1959. (Proc. pubd. Gaz. 21 Mar., 1959, p. 1703).

1958. DISTRICT COURTS. DistrictCourts Act. 123 PART I.— P reliminary . “ Judgment ”—Includes a judgment, order, or Judgment, other decision or determination of a Judge ; “ Landlord ”—The person entitled to the Landlord, immediate reversion of land, or, if it is held in joint tenancy, coparcenary, or tenancy in common, any one of the persons entitled to the reversion ; “ Magistrates Court ”—A Magistrates Court Magistrates within the meaning of *“ The Magistrates Court- Courts Acts, 1921 to 1954 ” ; “ Matter ”—A proceeding in the Court commenced Matter, otherwise than by plaint; “ Party ”—Includes a person served with notice Party, of or attending a proceeding, although not named in the record ; “ Petty Sessions District ”—A district appointed ^0tt.y under f“ The Justices Acts, 1886 to 1958,” for Set. the purposes of Courts of Petty Sessions ; “ Registrar ”—A Registrar of a District Court, Registrar, and includes a Deputy Registrar of a District Court; “ Rules of Court ”—Rules of Court made as Rules °f prescribed by this Act. Court' 4. (1.) Subsections three and four of section three of Transfer °f 1“ The Supreme Court Act of 1921 ” are repealed. District*0 (2.) Where in or by any Act any jurisdiction, power or Court' authority is or may be conferred or any duty is or may be imposed on a District Court or a Judge of a District Court or on any Registrar or other officer of a District Court, or any reference is made to any such Court, Judge, Registrar or officer, such Act shall be read and construed as if a District Court or District Court Judge or Registrar or other officer of a District Court within the meaning of this Act were respectively referred to therein. (3.) Where in any other Act provision is made for an appeal to a District Court or Court of general or quarter sessions or an appeal is given from a decision of a justice or justices of the peace and no other Court of Appeal from such decision is specified, the appeal shall lie to a District Court constituted by this Act. * 12 G. 5 No. 22 and amending Act. f 50 V. No. 17 and amending Acts, t 12 G. 5 No. 15.

124 P art I.— P reliminary . DISTRICT COURTS. DistrictCourts Act. 7 Buz. II. No. 66, (4.) The jurisdiction, powers, authorities and duties transferred to and conferred or imposed upon the Supreme Court by virtue of the said repealed subsections three and four of section three of *“ The Supreme Court Act of 1921 ” are hereby transferred to and conferred or imposed upon District Courts within the meaning of this Act. Application of “ The (5.) Every District Court shall be a Court within the Contractors ’ meaning of f“ The Contractors ’ and Workmen's Lien Acts, aWnodrkmen’ s 1906 to 1921.” Lien Acts , 1906 to 1921.” Application (6.) Every District Court shall be a Court within the B of an “ kTehrse’ meaning of The Bankers' Books Evidence Act of 1949 ” Books and a District Court or a Judge thereof shall have the Eofvi 1 d 9 e 4 n 9 c . e ” Act same powers, authorities and duties as are conferred or imposed by that Act upon the Supreme Court or a Judge thereof. (7.) Section thirty-eight of §“ The Colonial Gas Association Limited Act of 1928 ” is amended by substituting the words “ District Court ” for the words “ Supreme Court of Queensland ” where they appear therein. Savings. 5. This Act shall not affect any proceedings pending C( Coommmpoarne­ at the time this Act comes into force or (as the case shall wealth Act require) at the time any relevant part or provision Ns.o6. .) 37, 1924, thereof shall come into force. Any proceeding pending as aforesaid may be continued and completed as if this Act had not been passed: Provided that, as regards any action pending as aforesaid in the Supreme Court which might have been brought in a District Court without the defendant’s consent, had this Act been in force at the time it was brought, any party thereto may at any time apply to the Supreme Court or a Judge thereof for an order remitting the action to a District Court and, if it appears (regard being had both to the provisions of section » 12 G. 5 No. 15. t 6 E. 7 No. 30 and amending Acts. t 13 G. 6 No. 32. § 19 G. 5.

1958. DISTRICT COURTS. DistrictCourtsAct. 125 P art I.— P reliminary . one hundred and twenty-nine of this Act and the amount of business then pending in the Supreme Court and in the District Court to which the action would be remitted if an order were made) that the action is one which ought to be tried at an early date in a District Court, the Court or Judge may make an order accordingly. Thereupon, the same procedure shall be followed as if such order had been made pursuant to the said section one hundred and twenty-nine of this Act and the provisions of that section shall apply so far as they can be made applicable. ♦P art II.— C ourts , J udges , J urors , and O fficers . Courts. P art TI — C ourts , J udobs , J urors and O ffic jis . 6. (1.) The Governor in Council may, by mApenpot ionft­ Proclamation, order that Courts, to be called District District mCoauyr, tsb, yshliaklel bPerohcelladmaattisounc,halptlearceths easplhaecethfoinrkhsoflidt,inagnda C3( 53o5, usVr.tis6c. . . ) No. Court, or order that the holding of any Court be discontinued. assigTnhetoGoavneyrnoDrisitnriCctouCncoiul rmt aay aDlsios, trbicyt, Prwochliacmh astihoanl, l AofssDigisntmricetnst. consist of a Petty Sessions District, or two or more contiguous Petty Sessions Districts. When the holding of a Court is discontinued, all proceedings pending in the Court shall be transferred to and continued in such other Court as the Governor in Council may direct by the Proclamation, and all records of the Court, the holding of which is discontinued, shall be transferred to such other Court. (2.) Members of the Police Force shall when required MPoelmicbeeFrosrocfe attend at the several District Courts held at the to attend at rshesaplleoctbiveye apnladceesxewchuetreeinsuaclhl cmaseems beveresryarlaewstfautliosunmedm, oannsd, eCDxoiesuctrrutitscetand pwraersriadnint,g eaxt eacnuytiosunc, hoDrdiesrtriacnt dCocuormt.mand of the Judge w( & Cacor.mrapnatrse, 1 Geo. VI. (3.) District Court Registry means the office of the s N . o 2 . 0 1 .) 2, Registrar of a District Court. * Sections 1, 2 and 3 and Parts II. and IX. of “ The District Courts Act of 1958,” came into force on 19 Mar., 1959. (Proc. pubd. Gaz. 21 Mar., 1959, p. 1703.)

126 DISTRICT COURTS. P art II.— C ourts , J udges , DistrictCourtsAct. 7 E liz . II. No. 66, jurors and O fficers . (4.) Unless or until otherwise prescribed, where a Central Registry or a District Registry of the Supreme Court exists in a city or town where pursuant to the provisions of this Act a District Court shall be held, such Central Registry or District Registry as the case may be shall be a District Court Registry. (5.) When a Central Registry or District Registry is also a District Court Registry then subject to this Act the Registrar or District Registrar, Deputy Registrar, Bailiff and other officers of the Supreme Court at that city or town and any persons hereafter either permanently or temporarily holding those offices shall be, without any further appointment than by this Act, officers (in their several offices) respectively of the District Court at that place for all the purposes of this Act and shall have all the powers, jurisdictions, authorities and duties conferred or imposed upon the holders of such respective offices under this Act. ( 6 .) Unless or until otherwise prescribed where a Central Registry or a District Registry of the Supreme Court does not exist in a city or town where pursuant to the provisions of this Act a District Court shall be held, but a Magistrates Court does exist in that city or town, then the Registry of the Magistrates Court at that city or town shall be the District Court Registry at that place. Subject to this Act, the Registrar of the Magistrates Court in that city or town and the Deputy Registrar, Bailiff and other officers of that Court, and any persons hereafter either permanently or temporarily holding those offices, shall be, without any further appointment than by this Act, officers (in their several offices) respectively of the District Court at that place for all the purposes of this Act and shall have all the powers, jurisdictions, authorities and duties conferred or imposed upon the holders of such respective offices under this Act. RCCooecuuorrrttssd. otof be and 7s. haElvl erhyavDeistrcircitmCinoaulrt asnhdall cbievial CjouurristdoicftiRoencorads ( 3535, sV. i7c.. ) No. provided by this Act. Seal of the 8 . Eor every Court there shall be a seal; and C( 5o5uVrti.c. No. notices, summonses, certificates, warrants and other 33, s. 8.) process, issued by the Registrar shall be sealed or stamped with the seal.

DISTRICT COURTS. —r-—— ----------------------------------------------------------------------------------- --------------- ---------- ' 1958. DistrictCourts Act . ......................................................................................................................................................... ......—.—--------- Judges. 127 P art II.— judges *, J urors and O fficers . 9. The Governor in Council may, by commissions in Her Majesty’s name, appoint Judges of District “unification Courts, each of whom shall be a barrister or solicitor of of Judges, the Supreme Court of Queensland of not less than five 55 v ^T no . years’ standing. vic'ko!23, The number of Judges shall not exceed four. no . e,5^ J.f 10. The Governor in Council may, by Order in Governor in Council, assign to a Judge, either permanently or in courts rotation with other Judges, such Courts as he thinks to each fit; but the jurisdiction of a Judge shall not be deemed No. thereby to be limited exclusively to the Courts so 33, s. 10.) assigned to him. Every Judge appointed shall be appointed for the f^p^ered whole of the State of Queensland and shall, under his to act Commission, be empowered to act in any District Court. (Compare 55 Vic. No. 33, ss. 10 and 11 .) 11 . The Judge to whom a Court is assigned shall *°rt attend and hold the Court at the place appointed by the where Governor in Council at such times as are appointed by ^®°tt®d>.ve the Judge with the approval of the Attorney-General, notice.g ve but so that a Court is held in the place once at least ^°m^“re 335 in such interval as the Governor in Council directs by s/ik) ’ Proclamation. Notice of the days on which the Court is appointed to be held shall be put up in a conspicuous place in the Court house and in the office of the Registrar, and shall be otherwise published as the Judge directs. When, by reason of the absence of the Judge, the Court cannot be held at the time appointed, the Registrar, or, in the event of his absence, the bailiff, shall adjourn the Court to such day as he deems convenient, and shall enter in the minute-book the cause of the adjournment. 12. A Judge may sit in Chambers at any time and mfty at any place, whether that place is within or not within chambers, t • he dis 1 t , rict of the Court in which the action or proceeding < o ® O 5 f S V . i° 1 - 0. ^ ) is pending.

128 DISTRICT COURTS. P art II.— —........ ....................................................................................................................—-------------------- - judges ’, DistrictCourtsAct. 7 Buz. II. No. 66, J urors and O fficers . ■—-.......— -------------------------------------------------------------------------------------------------------------------- — Jurisdiction 13. Subject to the Rules of Court, a Judge may usviTNo8’ exerc*se i*1 Chambers any jurisdiction of a District Court, 33 , s.'ii.) °* except the trial of actions, appeals and the hearing of applications for new trials. judges not 14. A Judge shall not practise as a barrister, orsa^180 solicitor or notary, or be directly or indirectly concerned Parliament, or interested in such practice ; and a Judge shall not be ^m^re3365 capable of being summoned or being chosen as a member s. is.) " ’ of the Legislative Assembly. Judge’s 15. A Judge shall hold his office during ability (Compare 65 ancl good behaviour, and shall receive (exclusive of any vio. No. 33, allowance for travelling expenses) an annual salary 8'16 ^ of three thousand seven hundred and fifty pounds which sum shall not be diminished during his continuance in office. Removal 16. The Governor in Council may remove a Judge (55Vic!*No. f°r incapacity or misbehaviour : 33, s. 17.) Provided that twenty-one days at the least before removal, the Judge shall receive notice of the intention to remove him, and he shall thereafter and before removal have the opportunity of being heard before the Governor in Council in his defence. Travelling 17. A Judge shall be entitled to receive the same (Compare 55 allowances by way of travelling expenses as are payable vie. No. 33, to a Judge of the Supreme Court. s. 18.) Deputy 18. The Governor in Council may appoint (by fconf are commission in Her Majesty’s name) a person qualified 55 °vic.are to be appointed a District Court Judge to be a Deputy No. 33,8.19; Judge— 55 Vic. No. ® 37 , s. 12.) (a) During the absence on leave, granted by the Governor in Council, of a Judge; or (by For such period as the Chief Justice shall certify that the appointment of a Deputy Judge is necessary. The Chief Justice may so certify if a Judge be absent from any other cause or is incompetent or unable to take part in any decision or in any trial, action or proceeding or to sit at any sittings of a Court or if for any reason whatsoever the ordinary business of a Court or the Courts is likely to be interrupted.

DISTRICT COURTS. 129 ----------—-------------------------------------------- ----------------------------- ------------------ — ----------------- P art II.— 1958. DistrictCourtsAct. judges *, J urors and •------------------------------------------------------------------------------------------------------------------------ ------ O fficers . A Deputy Judge appointed under this section shall, during the time for which he is appointed, have all the powers and privileges and perform the duties of the Judge for whom he is appointed. 19. If at the determination by effluxion of time or other cause of any Commission under this Act there shall be any actions or matters, civil or criminal,«^wtedby including any appeal, (a) partly heard or (6) standingMonof™ for judgment by or before the holder of such Commission the Commission shall only for the purpose of deciding g ^ vlno . such actions or matters (including the completion 42> *• 40 of the hearing thereof where necessary) and so far as is necessary for that purpose, remain in force until judgment shall have been delivered therein unless the holder of that Commission shall be sooner removed. 20. (1.) When after the commencement of the Hearing <u hearing of any action or matter, civil or criminal, including ^ai^udge any appeal before a Judge, but before judgment in the unable to action or matter has been given, the Judge dies or becomes “compare 7 incapable of continuing to sit or, in the case of an action Eliz. ii . No. or matter which has been heard but judgment wherein I3,s'5') has not been given, of giving his judgment, any party to the action or matter may, upon giving seven days’ notice to the other party or parties, apply to a Judge for an order that the action or matter may be heard and determined de novo. (2.) On an application under this section to a Judge (or in the absence of a Judge to a Judge of the Supreme Court) that Judge— (a) (If this section is applicable, in the action or matter, by reason of the incapacity of a Judge), may, according as he deems fit, either adjourn the action or matter as he deems necessary, in order to enable the Judge before whom the hearing thereof was commenced to give judgment and, if necessary for that purpose, to complete the hearing, or order the action or matter to be heard and determined de novo ; and (b) In any other case shall order the action or matter to be heard and determined de novo. E

130 DISTRICT COURTS. PART II.— C ourts , J udges , J urors and O fficers . DistrictCourtsAct. 7 E liz . II. No. 66, (3.) When, pursuant to this section, an action or matter is heard and determined de novo — (а) The Judge so hearing or determining the same may make such order as to the costs of the first hearing as he shall think fit; and (б) The first hearing shall for all purposes, other than that set out in paragraph (a) of this subsection be deemed a nullity. Proof of 21. When proof of the incapacity of a Judge is ionfcJaupdagceit.y necessary for a purpose of the last preceding section, the (Compare 7 certificate of the Chief Justice that such Judge is incapable E13li,zs. . I6I.. ) No. as specified in the certificate shall be primd facie evidence of that fact. Judge may 22. In the case of absence or disability of a Judge, dpeurtfioesrmofthe or on an emergency, another Judge may, at the request another in writing of the firstmentioned Judge or of the Chief J( 5u5dgVei.c. No. Justice, sit either in Court or in Chambers for the 33, s. 20.) firstmentioned Judge, and may exercise all the powers and perform all the duties which that Judge might have exercised or performed. Two Judges 23. When it appears to the Chief Justice to be amtasyamsite desirable for the more speedy disposal of business that place. two or more Judges should hold Courts or sit in Chambers V( Cico.mNpoa.re335,5 concurrently for the disposal of business at the same s. 21.) place, any two or more Judges, upon the request in writing of the Chief Justice, may hold Courts or may sit in Chambers at the same place, and may exercise any jurisdiction of a District Court or of a Judge of a District Court at that place either concurrently or at such times as may be convenient. Ro( CfeoJtmiurdepmgaeree. n5t5 in C2o4u-n.ciWl ictohnotuatinperdejuindicseectotiothne spioxwteeernofhethreeoGf, oivferannodr Vic. No. 33, when the Director-General of Medical Services and a s. 22.) duly qualified medical practitioner nominated by the president for the time being of the Queensland Branch of the British Medical Association shall certify to the Treasurer that by reason of permanent disability or infirmity a Judge is unable to perform the duties of his office the Governor in Council may, after affording the Judge an opportunity of being heard, retire the Judge and thereupon the office of such Judge shall become vacant and he shall cease to be a Judge.

DISTRICT COURTS. 131 --------------------------------------------------------------------------------------------------------------------------------- 1958. DistrictCourtsAct. *--------------------------------------------------------------------------------------------------------------- -—-------- — P art II.— judges ! JPROES AND O fficers . Such retirement shall be a retirement for the purposes of *“ The Judges'1 Pensions Act of 1957.” 25. (1.) The provisions of *“ The Judges' Pensions Application Act of 1957 ” shall apply mutatis mutandis to every judg^ District Court Judge appointed under this Ajct and to Pensions his widow after his death in the same manner as they f95$> apply to a Judge of the Supreme Court appointed to office after the coming into force of that Act and to his widow, and for this purpose that Act shall be read and construed as though the words “ District Court Judge ” were substituted for the word “ Judge ” wherever it occurs therein. (2.) Section three of f“ The Supreme Court Acts Leave of Amendment Act of 1944 ” as limited by section fifteen ofJudge' *“ The Judges' Pensions Act of 1957 " shall apply to a District Court Judge in the same manner as it would apply to a Judge of the Supreme Court appointed to office after the date of the passing of *“ The Judges' Pensions Act of 1957.” (3.) In computing length of service of a District Computa- Court Judge for the purpose of *“ The Judges' Pensions i^jfof Act of 1957,” service both before and after the passing service of of this Act as an acting Judge of the Supreme Court and court°judge. service as a Deputy District Court Judge shall be taken into account. (4.) In computing length of service of a Judge of the Computa- Supreme Court for the purposes of *“ The Judges' Pensions ^se^lce of* Act of 1957,” service as a District Court Judge or a a Judge of Deputy District Court Judge shall be taken into account. c^rtupreme (5.) The provisions of The Judges Retirement Act Application of 1921 ” shall apply to a District Court Judge in the judges6 Csaomuret. manner as they apply to a Judge of the Supreme A R 19 e c 2 t t i 1 r o . e f ’ m ' ent Jurors. 26. The persons qualified and liable to act as w*10 shall be jurors for the trial of criminal and civil issues and for the (Compare 55 assessment of damages respectively, under the provisions vie. No. 33, of §“ The Jury Acts, 1929 to 1958,” shall be the personss’ 23 ^ qualified and liable to act as jurors in the District Courts. * 6 Eliz. 2 No. 38. t 9 G. 6 No. 3. t 12 G. 5 No. 14. § 20 G. 5 No. 19 and amending Acts.

132 DISTRICT COURTS. P art II.— -----------------------------------------------------------------—:--------------------------------------------— judoks ’, DistrictCourtsAct. 7 E liz . II. No. 66, J urors and O fficers . ------------------------------------ :------------------------------------------------------------------------------------------ - Where a Court is held at a Court town at which the Central Registry or District Registry of the Supreme Court is also the District Court Registry pursuant to this Act, the jury books or lists made under those Acts by the sheriff or deputy sheriff, or copies of them, shall be the jury books or lists for the Court. Every District Court shall be a Court within the meaning of *“ The Jury Acts, 1929 to 1958,” and every place where a District Court is held shall be a Court town within the meaning of those Acts and such Acts shall be read and construed accordingly. Where the Court is held at a Court town at which there is no Supreme Court Registry, the Registrar of the District Court shall be, without further appointment than by this Act, a deputy sheriff. fornwi proclaimed districts. 27. When the Governor in Council, by Proclamation, orders a Court to be held at a town in which there is no Central Registry or District Registry of the Supreme Court, the jury books or lists for that town shall be made by the sheriff in accordance with such directions as the Governor in Council may give. If the Governor in Council does not give any such directions, the sheriff shall make such jury books or lists in accordance with *“ The Jury Acts, 1929 to 1958,” as far as they can be made applicable. Provisions °f 28. Except as herein otherwise provided, all Acts?lmfto provisions of *“ The Jury Acts, 1929 to 1958,” shall apply loss,” to jn respect of District Courts as they apply in respect (Compare 55 of the Supreme Court. 33’ Without limiting the generality thereof, the provisions of those Acts relating to the constituting and procuring of juries, and the summoning and challenging of jurors, and the discharge of juries, shall extend and apply to the constituting and procuring of juries, and the summoning and challenging of jurors, and the discharge of juries, in District Courts. Precept. 29. (1.) The Registrar of a District Court shall have vio^o^s,6 the same power to issue jury precepts to the sheriff of s.27.) ’ Queensland or his deputy for summoning jurors for the trial of criminal and civil issues as a Registrar of the * 20 G. 5 No. 19 and amending Acts.

DISTRICT COURTS. 133 1958. DistrictCourtsAct. PART II.— C ourts , J udges , J urors and O fficers . Supreme Court shall have for the issuing of such precepts for the trial of such issues in the Supreme Court; and such sheriff or his deputy shall have the like powers, authorities and duties in respect thereof as they or he may have in respect of a jury precept issued to them by the Registrar of the Supreme Court. (2.) Where a sittings of a Supreme Couxt and a ^ry^erecept sittings of a District Court coincide wholly or in part at issued in the same place, a jury precept may be ia3ued for summoning jurors to attend both sittings. Supreme Where the Registrar or District Registrar of the District Supreme Court is also the Registrar of the District ~ ' Court, it shall be sufficient if such precept is issued by him as the Registrar of the Supreme Court. Where the Registrar of the Supreme Court is not also the Registrar of the District Court, such precept shall be signed by the Registrar of the Supreme Court and the Registrar of the District Court. sectio( 3n.) aWndheitreaappjeuarrys— precept is to be issued under this j R u e r d y uc p e a d nel. (i.) That a Judge of the Supreme Court and the District Court Judge will be concurrently engaged in criminal trials at the sanfe place ; or (ii.) That at any sittings of the District Court two Judges will be concurrently engaged in criminal trials at the same place, the precept shall require the sheriff or the other person to whom the same is directed to summon not less than forty-eight persons to come before such Courts or Court, in its criminal jurisdiction : Provided that where the Judges cease to be concurrently engaged in criminal trials, the Judge of the Supreme Court, or, if none be present, a District Court Judge, may direct that the panel of jurors be reduced to thirty-six persons. And accordingly jurors to the number necessary to reduce that panel to that number and being the jurors whose numbers were first drawn upon the selection of persons to serve as jurors at the Courts or Court shall be excused and discharged from further attendance at the Courts or Court for which they were summoned.

134 DISTRICT COURTS. P abt II.— -------------------------------------------------------------------------------------------------------------------------- ju S; DistrictCourtsAct. 7 E liz . II. No. 66, J urors and O fficers . --------------------------------------------------------------------------------------------------------------------------------- increased (4.) In any case, where a jury precept is issued for jury panel, summ0njng Gf jurors for both a sittings of the Supreme Court and a sittings of the District Court, the powers which may be exercised under section twenty-nine of *“ The Jury Acts , 1929 to 1958,” shall be exercised by the Supreme Court or a Circuit Court as the ease may require. Subject thereto the powers conferred by the said section twenty-nine may be exercised by a District Court in respect of a jury to be summoned for that Court alone. Attendance 30* A Judge of a District Court shall have the (Compare 55 same powers to inflict fines for the non-attendance of Vic. No. 33 , jurors as a Judge of the Supreme Court has under section s’28,) forty-seven of *“ The Jury Acts, 1929 to 1958 ” ; and that section shall hereafter be read and construed as if the words u or District Court ” were inserted after the word “ Court ” where it occurs in that section, and the words “ or District Court Judge ” were inserted after the word “ Judge ” where it occurs in that section. Payment to 31. Every juror duly summoned who attends a |Compare 55 Court shall, for every day during which he is required to Vic. No. 33, attend and actually attends the Court (whether he or Geo°v2°No. s^e actually serves upon a jury or not), be entitled to, i9,s.2i.) and every talesman whose name has been added to the panel, shall be entitled to receive such compensation for such attendance and allowance for his travelling expenses as may be prescribed from time to time in respect of jurors attending a Supreme Court or a Circuit Court. Registrars. ment"and 32. For every Court the Governor in Council salary of may appoint a Registrar and such deputy Registrars andde^ut and such other officers as he shall think fit, who shall Registrars. be paid such salary as he may determine. (Compare 55 Vic. No. 33, s. 31.) Duties of 33. The Registrar shall sign and issue summonses ^5gvicJNo. and warrants and register the records and judgments, 33,«. 32.) and keep minutes of the proceedings of the Court, and shall take charge of and keep an account of the Court fees and fines payable or paid into Court, and of the moneys paid into and out of Court, and shall enter an * 20 G. 5 No. 19 and amending Acts.

DISTRICT COURTS. 135 1958. DistrictCourtsAct. PART II.— C ourts , J udges , J urors and O fficers . account of the fees, fines and moneys, in a ledger kept by him for that purpose, and shall, when required, submit his accounts to be audited by the Auditor-General or his officers. 34. The Registrar shall, during the sitting of the Registrar to Court act as deputy sheriff, and exercise the powers and deputy perform the duties of a deputy sheriff as prescribed by sheriff. *“ The Jury Acts, 1929 to 1958,” so far as the provisions of those Acts are applicable. ’ 35. The Registrar shall cause a note of the plaints Minutes °f and summonses, and of the judgments and executions, tobekept.8 and returns thereto, and of the fines and of all other (55 Vic- No. proceedings of the Court, to be fairly entered from ’ ' ' time to time in books belonging to the Court, which shall be kept at the office of the Court. In any action or other proceeding the books, andEvidenoe- any entries therein, or copies of the books or entries under the seal of the Court and purporting to be signed and certified by the Registrar, shall upon production be prima facie evidence of the contents of the books, or of the entries, and of the proceedings referred to in them, and of the regularity of the proceedings. 36. When a clerk of petty sessions is appointed Registrar of a District Court held at the place whereby0 he is clerk, the successor in office of the clerk, or a deputy, ®°S8ions is or a person performing the duties for the time being, hLs^ucc^or shall exercise, and have the rights and powers, and shall perform the duties of the Registrar of the District Registrar. Court while he is performing the duties of clerk of petty (55 Vic-No- sessions: ' Provided that the provisions of this section shall not affect the power of appointment hereinbefore vested in the Governor in Council. 37. For every Court there shall be one or more^ppoint- bailiffs, who shall be appointed by the Governor in Miffs and Council. bailiffs’ A bailiff may be suspended by the Judge. (55vic.N0. The bailiff may, by writing under his hand, appoint ’ ‘ ' a sufficient number of fit persons to assist him, and may dismiss all or any of them and appoint others in their stead. * 20 G. 5 No. 19 and amending Acts.

136 DISTRICT COURTS. P art II—■ cotot |. DistrictCourts Act. 7 Euz. II. No. 66, J urors and ____________________________________________________________________________________ O fficbrs . An officer so appointed may also be Suspended by the Judge or suspended or dismissed by the Attorney* General. The bailiff shall be responsible for the acts and defaults of the officers appointed to assist him. Bailiffs’ 38. The death or removal of a bailiff shall not Xy act8 invalidate the acts of the officers so appointed, but they deThor shall continue to act until they are dismissed by the removal of successor to the bailiff or by the Attorney-General. (*55 vie. No. They shall receive for their services while they so 33, s. 37.) act after the death or removal of the bailiff the same remuneration as they were receiving at the date of the death or removal, and such remuneration shall be paid out of the salary and allowances attached to the office of bailiff. Duties of 3g. The bailiffs or one of them shall, if required by (55 vie. No. the Judge, attend every sitting of the Court, and shall, by 33, s. 38.) themselves or their officers, serve all summonses, and execute all warrants issued out of the Court; and the bailiffs and officers shall in the execution of their duties conform to the Rules of Court, and subject thereto to the order and direction of the Judge of the Court for which they are appointed: Provided that a summons may be served by the plaintiff or a person employed by him. reaiu£d°to 40. A bailiff or other officer duly authorised to take out ° execute a warrant of execution issued under the authority Ucenseneer 8 ^is Act may sell land or goods without taking out (55 vfc. No. an auctioneer’s license. 33, s. 39.) tiorTofera 4-1. A bailiff shall be paid a salary on account of baUiffs. his general duties, and shall also be entitled to receive (^omPare„^5 and retain for his own use the fees mentioned in the s.l40.)° ’ Third Schedule to this Act as bailiffs’ fees, unless the Judge in any case otherwise orders. The bailiff shall, out of such fees, provide for the performance of the duties for which the fees are allowed, and for the payment of the officers appointed to assist him. The fees received for executing warrants of execution shall be paid by the Registrar to the bailiffupon the issue of the warrant of execution, and the fees for the service of a summons or subpoena shall be paid by the Registrar to the bailiff after service.

DISTRICT COURTS. 137 ------------------------------------------------ :-------------------------------------------------------------------------------- P art II.— 1958. DistrictCourts Act. J urors and --------------------------------------------------------------------------------------------------------------------------------- OFFICERS. 42. If a bailiff who is directed to levy execution Bailiff loses by neglect, connivance, or omission, the opportunity f^^cape6 of levying the execution, the Judge may, upon complaint and neglect of the party aggrieved, inquire into the matter in a ^^fion summary way, and for that purpose may summon and (55 Vic. No. enforce the attendance of the necessary parties in the33>s-41) same manner in which the attendance of witnesses in an action may be enforced, and may order the bailiff to pay such damages as it appears that the plaintiff has sustained, not exceeding in any case the sum of money for which the execution was issued ; and the bailiff shall be liable to pay the same. Upon demand made, and on his refusal tcj pay and satisfy the damages, payment may be enforced in the manner provided by this Act. General Provisions relating to Officers. 43. A Registrar shall not act as bailiff and a Disabilities bailiff, his partner or clerk, or a person in the service“niibaniff^ or employment of a bailiff or his partner, shall not (Compare 55 act as Registrar, and an officer of the Court shall not,^-2y°-33' either by himself or by his partner, be directly or indirectly concerned as solicitor or agent for a party in a proceeding in the Court. Any person committing an offence against this section shall be liable to pay the sum of one hundred pounds and full costs of action to any person who sues for the same. 44. Every bailiff shall give security for such sum Bailiff to and in such manner, as the Governor in Council orders, ^®rity for the due performance of his office and for the due (Compare 65 accounting for and payment of moneys received by him 33' under this Act or which he is liable to pay for ’ ’ misbehaviour in his office. 45. If a Registrar, bailiff or other officer, acting Remedies under, or under colour or pretence, of the process of the Court is charged with extortion or misconduct, or with baUiffiTand not duly paying or accounting for money levied by him °^er offioer8 under the authority of this Act, the Judge may inquire misconduct, into the matter in a summary way, and for that purpose j35 may summon and enforce the attendance of the necessary ’ '

138 DISTRICT COURTS. P art II.— JgJS; DistrictCourtsAct. 7 E liz . II. No. 66, JURORS AND O fficers . : parties in the manner provided by this Act for enforcing the attendance of witnesses, and may make such order for the repayment of the money extorted, or for the due payment of the money so levied, and for the payment of such damages and costs as he thinks just. The Judge may also impose a fine upon the Registrar, bailiff or other officer not exceeding ten pounds for each offence, and, in default of payment of the money so ordered to be paid, payment may be enforced in the manner provided by this Act for enforcing a judgment. indemnity 46. If an action is brought against a person for actmg^under anything done under a warrant issued in pursuance of this Act. this Act, the production of the warrant under the seal vi^No* 33! °f the Court in the action shall be deemed sufficient proof s. 45.) ’ of the authority of the Court previous to the issuing of the warrant, and if the plaintiff in the action has a verdict given against him, is nonsuited, or discontinues the action, the defendant shall be allowed costs. Limitation 47. An action or prosecution shall not be ^?8 no . commenced against a person for anything done, or 33, s. 46.) omitted to be done, in pursuance or in contravention of this Act, unless it is commenced within six months after the act committed or omitted. Notice in writing of the action and of the cause of action shall be given to the defendant one month at least before the commencement of the action, and a plaintiff shall not recover in the action if tender of sufficient amends is made before action brought, or if, after action brought, a sufficient sum of money with costs is paid into Court by the defendant. Barristers, Solicitors and Agents. Appearance 48, A party to an action or other proceeding under ^rson or by this Act may appear in person or by a barrister or banister, or solicitor or by any person allowed by special leave of othei^pereon the Judge in any case. theTudge. But a person, not being a barrister or solicitor of vlcmNo6 33* the Supreme Court, shall not be entitled to claim or e.148.) ° ’ recover, or receive directly or indirectly, a sum of money or other remuneration for appearing or acting on behalf of another person in a District Court.

DISTRICT COURTS. 139 1958. P art DistrictCourts Act. III. —C riminal J urisdiction and P rocedure . P art ni.— C riminal J urisdiction and P rocedure . inqui4re9.ofA, hDeairs, traicntd Cdoeuterrt msihnaellalhl aivnedicjtuarbisledicotfifoenncetso, hCDaoisvuterrtisct shall wheresoever committed, save as hereinafter excepted. criminal jurisdiction. (Compare 55 Vic. No. 33, s. 49.) 50. A District Court shall not have jurisdiction Exception to try a prisoner charged with any indictable offence in fcrroimminal respect of which the maximum term of imprisonment jurisdiction. which can be imposed exceeds fourteen years. (Compare 55 Vic. No. 33, s. 50.) 51. The Governor in Council may, by Proclamation, Governor withdraw from a Court, either absolutely or for a time ^^draw to be limited by the Proclamation, the criminal criminal jurisdiction possessed by the Court, and after three j^v^No months from the publication of the Proclamation in 33, s. si.) ’ the Gazette the criminal jurisdiction of the Court named in the Proclamation shall cease. Procedure. 52. When an accused person is committed for change of trial to a District Court, not being the Court of the J^ayic No District within which the offence is alleged to have been 33, s. si.) ' committed, a Judge of the Supreme Court or of a District Court, may order the trial to be held in the Court of that District, and may make all such orders for the remand and custody of the accused person, and for the extension of his bail or the recognizances of witnesses, as may be necessary. In any other case the venue may be changed by order of a Judge of the Supreme Court, or of a District Court, who may make the like orders for the purposes aforesaid. The Judge of a District Court may, at any stage of a criminal trial depending in his Court, order that the trial take place at another Court, subject to such conditions as he thinks fit, and may remand the accused in custody or on bail to that Court. 53. When a person has been committed for trial change of or sentence in the Supreme Court or a Circuit Court or has been indicted in any such Court for an offence Court to triable in a District Court any District Court Judge if so {^tlct

140 DISTRICT COURTS. P art III.— C eiminal J urisdiction AND PROCEDURE. DistrictCourts Act. 7 E liz . II. No. 66, requested by the Chief Justice may try or sentence such person and for that purpose shall have the same powers and jurisdiction as if the committal had been to or the indictment had been presented in a District Court. The request of the Chief Justice may be made in respect of a particular case or cases or in respect of specified categories of cases. When a person has been committed for trial in a District Court or has been indicted in a District Court any Judge of the Supreme Court shall have the same powers and jurisdiction to try such person as if the committal had been to or the indictment presented in the Supreme Court or Circuit Court. Jury in 54. All indictable offences prosecuted in the Court c _ r _ im _ inal shall be tried by a Judge and a jury of twelve, to be (Compare 55 chosen, returned, summoned and sworn, as by law for ip64.f°' 33’ the time being is provided for the choosing, returning, summoning and swearing, of jurors for the trial of criminal issues in the Supreme Court. Issues of 55. Issues of law and fact shall be determined by (Compared Judge or jury as if the trial were a trial on indictment Vic. No. 33, in the Supreme Court. s. 53.) Registrar 56. The Registrar may issue subpoenas in criminal rabpcenas. cases for the attendance of witnesses at the trial of (65 vie. No. a person committed for trial at the Court of which 33, s. 65.) is Registrar, or at another Court, whether an information or indictment has been presented against such person or not. A person disobeying a subpoena shall be liable to the same consequences as for disobedience to a subpoena issued in a civil proceeding under the authority of this Act. P art IV.— C ivil P art IV.— C ivil J urisdiction . J urisdiction . 57. A District Court shall have jurisdiction to Cjuirviisldiction hear and determine all personal actions where the in personal amount, value or damage sought to be recovered is not a( Cctoimonpsa.re 55 more than— Vic. No. 33, s. 56.) (Compare (a) In the case of an action arising out of any accident in which any vehicle is involved No. 6117, s. 37 (Vie.).) two thousand five hundred pounds;

DISTRICT COURTS. 1958. : DistrictCourts Act . 141 P art IV.— jurisdiction . (b) And in any other case one thousand five hundred pounds whether on balance of account or after an admitted set-off or otherwise. But, except as hereinafter provided, a District Court shall not have jurisdiction to try any case in which the title to land, or the validity of a devise, bequest or limitation under a will or settlement, is in question. If the title to land incidentally comes in question in an action, the Court shall have power to decide the claim which it is the immediate object of the action to enforce, but the judgment of the Court shall not be evidence of title between the parties or their privies in another action in that Court, or in any proceedings in another Court. 58. A District Court shall have jurisdiction to in eases of try any action brought to recover a sum of not more ip’ than one thousand five hundred pounds which is the and legacy, whole or part of the unliquidated balance of a partnership 3|5 account, or the amount or part of the amount of the s. 57.) ’ distributive share under an intestacy or of a legacy under a will. 59. In any case in which a person has an, equitable Equitable claim or demand against another person in respect of^^rfor which the only relief sought is the recovery of a sum of damages, money or of damages, whether liquidated or unliquidated, 55 33, and the amount claimed is not more than one thousand s. 58.) ’ five hundred pounds, the person seeking to enforce the claim or demand may sue for and recover it in a District Court. 60. For the purposes of the last preceding section Court to be and for the purpose of applying the doctrine of part performance where a defence under the *“ Statute of to grant Frauds and Limitations of 1867 ” is relied on, a District ^Sbmance Court shall be deemed to have jurisdiction to grant and specific performance and rectification of a contract andrectlfioat,on- all other powers and authorities of the Supreme Court in its equitable jurisdiction. * 31 V. No. 22.

142 P art IV.— CIVIL jurisdiction . DISTRICT COURTS. DistrictCourtsAct. 7 E liz . II. No. 66, Action by 61. Notwithstanding anything to the contrary District11 where the amount or value of any debt, damages, duties, Court. sums of money, goods or liabilities due, payable or jg® belonging or from time to time to become due, payable s. 2 a .) ’ or belonging to Her Majesty, or to which she may lawfully lay claim in the State of Queensland, does not exceed the sum of one thousand five hundred pounds (or in the case of an action arising out of an accident in which a motor vehicle is involved does not exceed the sum of two thousand five hundred pounds), the same may be sued for and recovered in the name of the Queen in a District Court in the same manner as in any action in that Court between subject and subject. Amendments 62. The following amendments are made in *“ The D to is “ trTeshse, Distress, Replevin and Ejectment Acts, 1867 to 1954 ” :— Replevin and (а) In section seventy-four, the words “ district EAjcetcst , m 1 e 8 n 6 t 7 to courts ” are inserted before the words “ small debts 1954.” courts established ” where those words appear, and the words “ in the case of a district court exceed one thousand five hundred pounds or in the case of a small debts court or court of petty sessions ” are inserted before the words “ exceed two hundred and fifty pounds ” where those words appear, and the words “ district courts or ” are inserted before the words “ small debts courts ” where those words last appear. (б) In section seventy-five, the words “ district courts ” are inserted before the words “ small debts courts ” where those words appear in that section. (c) In section seventy-six, the words “ district courts or ” are inserted before the words “ small debts courts ” where those words appear in that section. (d) In section seventy-seven, the words “ district court and ” are inserted before the words “ small debts court ” where those words appear in that section. Extension of 63. The jurisdiction given to District Courts by 1^- the f“ Distress Replevin and Ejectment Act of 1867 ” (Compare 55 in actions of replevin shall extend to all cases relating 1*69 f°' 33, to distresses for rent between landlord and tenant, in which the rent, for or in respect of which the distress is or might have been made, does not exceed the sum of one thousand five hundred pounds. * 31 V. No. 16 and amending Acts, t 31 V. No. 16.

1958. DISTRICT COURTS. DistrictCourtsAct. 143 P am iv __ jurisdiction . Jurisdiction as to Locality. 64. Every District Court shall have jurisdiction Limits of the throughout the whole of Queensland. Icompare^o The district in which an action shall be commenced 71™ f°- 33> shall be- 60'’ (а) The district within which the defendant, or one of two or more defendants, as the case may be, resides or carries on business ; or (б) The district within which the cause of action or claim, either wholly or in some material point, arose ; or (c) The district within which by an engagement or promise in writing given by the defendant a debt or sum of money is made payable. If a person served with a summons in an action Objection fails to file a defence as hereafter provided or fails to file j^Xction together with such a defence a notice that he asserts that the action was not commenced in a district hereby prescribed the action shall be deemed to have been commenced in a district hereby prescribed. If any such notice be filed together with a defence any Judge may upon application in Chambers determine whether the action was commenced as hereby prescribed. Transfer of Action or Matter. 65. If an action or matter is commenced in any Transfer of district which should have been commenced in another district, a Judge may order its removal to that other (Compare district on such terms as to costs as he thinks fit or may £-g93> 4* order that such action or matter be heard in the district ' ' in which it has been commenced. 66. Where any Judge shall reserve a decision in any Reserved action or matter he may draw up such decision in writing, and having signed the same, forward it to the Registrar o°K! 5 , of the Court. Upon the receipt of such decision, the R s-C ) Registrar shall notify the parties or their solicitors of his intention at some convenient time specified by him to read the same in the Court house at which such Court is held, or other convenient place, and he shall read the same accordingly if either or both parties, his or their solicitor or solicitors, shall be present; but if the parties or either of them shall not be present at

144 P art IV.— C ivil J urisdiction . DISTRICT COURTS. DistrictCourtsAct . 7 E liz . II. No. 66, such reading, the Registrar shall forward a copy of such judgment to the absent party or parties, and such decision shall be of the same force and effect as if given by such Judge at the trial or hearing of such cause or matter. Consent Jurisdiction. Consent 67. If both parties agree, by a memorandum Issvie!*No. signed by them or by their solicitors, that any specified 33, s. 6i.) District Court shall have jurisdiction to try any action which might be brought in the Supreme Court, that District Court shall have jurisdiction to try the action. The memorandum shall state that the parties signing it know that the action was not within the jurisdiction of the District Court without such consent, and shall be filed with the Registrar at the time when the plaint is entered. Bodies Corporate. Bodies 68. All bodies corporate shall be amenable to the (Compare" 65 jurisdiction of District Courts, whether they are vie. No. 33, incorporated under the laws of Queensland or not. s. 60.) Partnership. Partnership 69. A partnership may sue or be sued in a District be sued. Court in the firm name. P art V.— C ivil P rocedure . P art V. —C ivil P rocedure . Plaint and Summons. Action 70. (1*) Every action in a District Court shall be by'pUdnt^ commenced by a plaint in writing in the form prescribed (Compare 65 which shall state the names and last known place of ^62 r 33’ residence of the parties and the nature of the claim and shall contain a concise statement of the essential facts on which the plaintiff intends to rely but not the evidence by which they are to be proved. (2.) The plaintiff shall not be entitled to rely at the hearing on any facts not stated in the plaint unless the Judge deems fit to allow him to amend his statement of facts and then only on such terms and conditions as the Judge deems fit. (3.) The plaint shall also have on its face a notice stating the date before which a defence to the plaint must be filed and that if a defence is not filed before that date judgment may be obtained by the plaintiff for the amount claimed and costs.

1958. DISTRICT COURTS. DistrictCourtsAct. 145 P art V.— procedure . (4.) A summons in the prescribed form shall be set out on the face of the plaint. (5.) The plaint and summons, in duplicate, shall be presented to the Registrar for filing. He shall mark the two copies with the date of presentment and mark on them the year of filing and the number for that year in accordance with the order in which they are presented for filing, and shall file one of the copies and return the other to the person who presented it for filing. ( 6 .) The plaint and summons shall be served on the defendant within the prescribed time and in the prescribed manner. (7.) A misnomer or inaccurate description of a person or place in a plaint or summons shall not vitiate the same, if the person or place is described as commonly known. 71. The plaint and summons shall be in Form No. 1 Fo™ of in the First Schedule to this Act. summons '1 72. In an action in which a plaintiff seeks toplaint when enforce an equitable claim under the provisions of this cSi^ble Act, the plaint or so much of it as relates to the equitable (55 Vic- No­ claim shall express that the plaintiff is suing upon33, s’ 63') equitable grounds. 73 . A plaint and summons or other process of the Service of Court shall, except when otherwise prescribed, be served (SXpare 55 upon the person to whom it is directed by delivering a Vic- No- 33> copy to him personally, or, if he cannot be found, by s‘65-) leaving it with some person for him at his place of residence. If no person can be found at his place of residence, the plaint and summons or other process may be served in such manner as a Judge directs. A plaint and summons or other process shall be Service on served on a corporation or company at the registered company' office, if any, of the corporation or company, and if there is not a registered office, then upon a member, officer or servant of the corporation or company, at the registered office of the corporation or company in Queensland (if any can be found) or in any other manner authorised by law, or, if a member, officer or servant cannot be so found, or the plaint and summons or other

146 P art V.— C ivil P rocedure . DISTRICT COURTS. DistrictCourtsAct. 7 E liz . II. No. 66, process cannot be served in any other manner authorised by law, then by serving some member or members or officer or servant or agent of the corporation or company or otherwise as a Judge directs. The person who serves a plaint and summons or other process of the Court shall, within three days after service, indorse on the plaint and summons or other process a statement of the day and place and manner of service and his signature. Proof of 74. When a plaint and summons or other process sbearivliifcfe. by of the Court is served by a bailiff, the bailiff may attend (55 Vic. No. before a justice and depose on oath to the time, place 33, s. 66.) and manner of the service. Such deposition shall be endorsed on or attached to the plaint and summons or other process, and shall, on production to the Court, be sufficient proof of the service. Defences. Defence to 75 . In every action in which it is the intention of ( bCeofmilepda. re 55 the defendant to contest the plaintiff’s claim or any part Vic. No. 33, of it he shall file a defence within eight days after the sR. . 6174; , O. 22, service of the plaint and summons or within such other R.S.C.) time as may be prescribed or in any particular case as may be allowed by a Judge. The defence shall state specifically which (if any) of the facts stated in the plaint to be relied upon the defendant denies, and all matters of fact which show that the plaintiff’s claim is not maintainable or that the transaction relied upon by the plaintiff is void or voidable in point of law and all grounds of defence which if not raised would be likely to take the plaintiff by surprise as, for instance, infancy, bankruptcy, justification if the claim is for tort, a defence upon equitable grounds, fraud, release, payment, performance, facts showing illegality either by statute or common law or the statute of Frauds and Limitations or any other statute providing for a limitation. Any facts stated in the plaint as being relied upon not specifically denied by the defendant in bis defence shall be taken to have been admitted by him. Form of 76. A defence shall be in Form No. 2 in the First defence. Schedule to this Act.

1958. DISTRICT COURTS. DistrictCourtsAct. 147 P art V.— C ivil P rocedure . 77. An equitable claim or demand which might Equitable be the subject-matter of an action in the Court may be be set™^ pleaded by way of set-off. r JJ (ssvic. No. 33, s. 69.) 78. The defendant in an action in which, if Defence judgment were obtained against him, he would be equitable entitled to relief against the judgment on equitable ground- grounds, may plead the facts entitling him to such 33 ® sV 7 o.f°' relief by way of defence. 79. (1.) A defendant may raise by way of set-off or set up by way of counter-claim against the claim of llTcounter- the plaintiff, or any of the plaintiffs if more than one, ®*aim- any right or claim recoverable in the Couijt whetheraSf r 63 , such set-off or counter-claim sound in damages or notR S C-) or exceeds the amount of the claim or not and such set-off or counter-claim shall have the same effect as a cross-action so as to enable the Court to pronounce a final judgment in the same action both on the original claim and on the cross claim. But the Court or a Judge may strike out a defence by way of set-off or a counter-claim if, in the opinion of the Court or Judge, such set-off or counter-claim cannot be conveniently disposed of in the pending action or ought not to be allowed or may order that it shall be disposed of separately. Any such defendant shall be entitled to recover in such action the amount (if any) by which the debt or demand so set-off or counter-claimed and proved exceeds the debt or demand claimed and proved by the plaintiff, and shall have judgment and execution for the same accordingly. (2.) When a defendant relies upon any facts by way Coimter. of set-off or counter-claim he shall state specifically (oJSpare that he relies on them by way of set-off or counter- o. 26, r . 10. claim in the same manner as is required by this Act in ' ' respect of plaints. (3.) A counter-claim shall be in Form No. 3 inFormof the First Schedule to this Act. °w,ter~ Payment into Court. 80. A defendant may, within the time limited for Payment filing a defence, pay into Court a sum of money as full j^^^gg satisfaction for the demand of the plaintiff, togethervtaNoT^, with the costs incurred by the plaintiff up to the time ofs- 72-> payment.

148 P art V.— C ivil P rocedure . DISTRICT COURTS. DistrictCourtsAct. 7 E liz . II. No. 66, Notice of the payment into Court shall be communicated by the defendant to the solicitor for the plaintiff or the plaintiff by posting it to or by causing it to be delivered at his usual or lastknown place of residence or business, and such sum of money shall be paid to the plaintiff; but if the plaintiff elects to proceed, and does not recover a further sum in the action than is paid into Court the plaintiff shall pay to the defendant the costs incurred by him in the action after the payment, and an order shall thereupon be made by the Court for the payment of the costs by the plaintiff. Judgment upon Admission by the Defendant. Confession of 81. A defendant may, in the presence of the of debt an? Registrar of the Court in which the plaint is entered, judgment or in the presence of a solicitor or a justice, sign a (Compare 66 statement confessing and admitting the amount of the Vic. No. 33, debt or demand, or part of the amount of the debt or s. 73 .) demand, for which the plaint is entered, and the amount due for costs, and the Registrar shall, as soon as conveniently may be after receiving the statement, send notice of it to the plaintiff in manner aforesaid. The plaintiff may, upon filing an affidavit verifying the signature of the defendant, sign judgment for the amount admitted in the statement and costs. When the signature of the defendant is made in the presence of the Registrar, the plaintiff may sign judgment without filing such affidavit. Such judgment and execution upon it may be set aside by a Judge upon such terms and conditions as to costs, giving security and otherwise as he thinks fit. Agreement 82. If a defendant agrees with the plaintiff as to the amomvTof amount of the debt or demand, and the terms and debt and conditions upon which it is to be paid or satisfied, the payment18 °f Par^ies may, in the presence of the Registrar of the Court (55Vic.No. in which the plaint is entered, or in the presence of a 33, s. 74.) solicitor or a justice, sign a statement of the amount so agreed upon, and of the terms and conditions upon which it is to be paid or satisfied. The plaintiff may, upon filing an affidavit verifying the signature of the defendant, sign judgment for the plaintiff for the amount, and upon the terms and

1958. DISTRICT COURTS. DistrictCourts Act. 149 P abt v.— C ivil P rocedure . conditions, agreed upon. When the signature of the defendant is made in the presence of the Registrar, the plaintiff may sign judgment without filing such affidavit. : Judgment by Default. 83. If the defendant does not file a defence within Judgment the time limited for filing a defence to a claim for adefences debt or liquidated demand, the plaintiff may, Upon summons proof of the service of the summons, sign judgment Hq^ted 1 for any sum not exceeding the sum claimed in the plaint, demand, together with the interest at the rate specified, if any, y ^°m^^re335j5 to the date of the judgment and the prescribed sum for s. 75 .) ’ costs ; but a Judge may set aside or vary the judgment and execution upon it, upon such terms an 4 conditions as to costs, giving security and otherwise as he thinks fit. 84 . When there are several defendants to a when some claim for a debt or liquidated demand ajnd one or ^notices more of them files a defence, and the other or others of of defence them does or do not, the plaintiff may sign judgment ^^°Jhers against such of them as have not filed defences and may (55 vie. No. issue execution upon the judgment without prejudice 33, s- 76 to his right to proceed with his action against such as have filed defences. Judgment Summons. 85. When the defendant files a defejnce in an When action where the plaintiff seeks only to recover a debt or liquidated demand payable by the defendant, with or may be without interest arising— 55 (Compare (a) On a contract expressed or implied; 1 * 77 ^°'33, (b) On a bond or contract under seal for payment of a liquidated amount of money; (c) On a statute when the sum sought to be recovered is a fixed sum of money or in the nature of a debt; or (d) On a guarantee whether under seal or not when the claim against the principal is in respect of a debt or liquidated demand only, the plaintiff may, on filing an affidavit made by himself or another person who can depose of his own knowledge to the debt or cause of action, and stating that in his

150 P art Y.— C ivil P rocedure . DISTRICT COURTS. DistrictCourtsAct. 7 Euz. II. No. 66, belief there is no defence to the action, take out a summons in the form prescribed in the Second Schedule hereto and which is in this Act called a “ judgment summons,” calling on the defendant to show cause before a Judge why the plaintiff should not be at liberty to sign judgment forthwith, for the amount so endorsed, together with interest, if any, and costs. A copy of the affidavit shall accompany the judgment summons. Upon the return of the summons, the Judge may, unless the defendant by affidavit or otherwise satisfies him that he has a good defence to the action on the merits, or discloses such facts as are sufficient to entitle him to defend, make an order authorising the plaintiff to sign judgment accordingly. If the defendant has counter-claimed the Judge may suspend execution on the judgment until the determination of the counter-claim. When 86 . A judgment summons shall be returnable rjsuuetdmugrmmnoaenbnslte. seeigrvhitcedaays smaafytebre sperrevsiccrei, beodr. at such other time after (55 Vic. No. 33, s. 78.) Where 87. A judgment summons may be made returnable jrsuuetdmugrmmnoaenbnslte. ibfeftohree palJaucedgies antotthwe iCthoiunrtthfreomNowrhthicehrnitDwiasstriiscstueodr, tohre, Vs( C. ic7o. 9m. N) poar. e335,5 C Co e u n r tr t a A l c D t i o st f ri1c8t9w5 i”thaint tthhee mDeisatnriincgt Cofou*r“t T a h t e B S r u is p b r a e n m e e , or, if the place is within the Northern District or the Central District, at the District Court at Townsville or Rockhampton respectively, or in any case at a District Court held at such other place as the Governor in Council may, by Proclamation, appoint as a place at which judgment summonses issued from the Court from which the summons was issued may be made returnable. When 88 . A judgment summons made returnable at the jsuudmgmmoennst Court from which it was issued shall be heard and heard at determined by the Judge at that Court, and not wCohuicrht firtowmas elsewhere. issued. (55 Vic. No. 33, s. 80.) * 59 V. No. 21.

1958. DISTRICT COURTS. DistrictCourtsAct. 151 P art V.— C ivil P rocedure . 89. When the Court from which a judgment Duty of summons is issued is not the District Court at Brisbane, Rwehgeinstrar Townsville or Rockhampton, or a District Court held judgment at a place appointed by the Governor in Counqil under the msuamdme ons provisions of the last preceding section but one, and returnable the judgment summons is made returnable at any of such TatowBrnissvbiallnee, Courts, the Registrar of the Court from winch the or Rock­ judgment summons was issued shall forthwith transmit a ohtahmerpton or certified copy of the plaint and of the judgment summons, appointed together with the affidavits and other documents relating (Compare 55 to the summons, to the Registrar of the District Court Vic. No. 33, at Brisbane, Townsville or Rockhampton, or at s. 81.) such other place appointed as aforesaid at which the summons is made returnable, as the case may be. 90. A judgment summons made returnable at when Brisbane, Townsville or Rockhampton or at a place appointed by the Governor in Council as lastly Brisbane, hereinbefore provided, shall be heard and determined by a District Court Judge, if any such Judge is present hlmpton or at the place at which the judgment summons is made other. , returnable on the return day. . pCy District Court Judge. (Compare 55 Vic. No. 33, s. 82.) 91. If on the return day no District Court Judge is when present at the place at which the judgment summons is J3bn8 made returnable, the Registrar of the Court shall forthwith Supreme transmit the judgment summons and other documents Ire 55 in his possession relating to the summons, to the Registrar vic NoT^, of the Supreme Court at Brisbane, if the place is nots-830 within the Northern District or the Central District within the meaning of *“ The Supreme Court Act of 1895 ” or otherwise to the Registrar of the Supreme Court at Townsville or Rockhampton respectively. On the first day after the receipt of the summons and other documents on which a Judge of the Supreme Court is appointed to sit in Chambers, the Registrar of the Supreme Court shall submit the same to such Judge. The Judge shall thereupon hear and determine the summons in the same manner in which other applications are heard and determined in Chambers. * 59 V. No. 21.

152 P art V.— C ivil P rocedure . DISTRICT COURTS. DistrictCourtsAct. 7 E liz . II. No; 66, Mo( 5r5dineVur. tiee.oNf o. this A92ct. sAhaJlul dmgeakwehao mheianrustea joufdhgims eonrdt esru. mmons under 33, s. 84.) Documents 93. The minute of the order of the Judge, together rtoetubrened to with the summons and other documents relating to it, Court from shall be returned by the Registrar of the Supreme Court wsuhmicmhons or of the District Court as the case may be, to the was issued. Registrar of the Court from which the judgment summons ( 3535. Vs.ic8. 5N.) o. was issued. Defendant may show 94. The defendant may show cause against a cause by judgment summons by offering to bring into Court piCnaotyuomrteonrt by tIhne thseumaffeidnadvoirtsehde osnhaltlhestastuemwmhoentsh, erorthebydeafeffnicdeavhite. a( 35f3f5, idsV.aiv8ci6.t.. ) No. aplalergt,eos fgtohees ptolaitnhteifwf’shocllaeimor. pAarntdotnhley, Juanddgeifmsaoytofuwrthheart order the defendant to attend and be examined upon oath, or to produce any books or documents, or copies of or extracts therefrom. poIfnarldyte, faesntcoe defen9d5a.ntIfapipt liaepspoenarlys ttohaat pthaert doeffethneceplsaeitntuifpf’ sbcylatihme, jfsuohrdatglhlmwbeeitnhhtad oprlaitnhtaiftf ashpaallrthaovfehjiusdcglmaimentisfoardthmwitittehdfotor sbuechdupea,rtthoef f( 3o53r5, bsV.ait8ca. 7n. N) coe. . ahdismcitltaeimd taos btehedudee, fesnucbejedcot etso nsoutchapteprlmy st, o, ifoarnya, s aiss to suspending execution or the payment of the amount levied, or a part of it, into Court by the bailiff, the taxation of costs, or otherwise as the Judge thinks just. And the defendant may be allowed to defend as to the residue of the plaintiff’s claim. If one of 96. If it appears to the Judge that a defendant has tdwefoendants a good defence to or ought to be permitted to defend has defence the action, and that another defendant has not a good lbeeavgeramntaeyd defence and ought not to be permitted to defend, the to him. former may be permitted to defend, and the plaintiff 3( 535, sV. i8c. 8. N) o. shall be entitled to sign judgment against the latter, and may issue execution upon the judgment without prejudice to his right to proceed with his action against the former.

1958. DISTRICT COURTS. DistrictCourtsAct . 153 P art V.— C ivil P rocedure . in lik9e7m. aAndneefreannddanstuwbhjeochtatsosetthuepsaamcoeuncotenrd- citliaoimns mcaalyl Dccoleaufinmentiednrag­nt nonotthbeeplaatinltiibffetrotyshtoowsciganusejuwdhgymtehnet dfeofrentdhaentasmhoouunldt mupplaaoyinnctiaflflto cbleaitmakeednboynhtihme, panardttohfertheuepdoenfethndeasnatmaes parroecheeedreiningbsemfoarye wsshhhooywulhdceanuoste provided for on the part of a plaintiff. have judgment. (Compare 55 Vic. No. 33, s. 89.) 98. Leave to defend may be given unconditionally, Leave to with or without costs, or subject to such terms as to may giving security or otherwise as the Judge thinks fit. conditional. (55 Vic. No. 33, s. 90.) 99. When liberty to sign judgment is given by order when of the Judge, the Registrar of the Court from which the j^^ntered summons was issued shall, upon receipt of the minute by of the order, cause judgment for the amount mentioned ^ yu ^N o . in the order and the prescribed costs to be entered. 33, s. 91.) 100. When a defendant obtains leave to defend, Place of trial the trial of the action shall, subject to the provisions of ^defen^6 this Act relating to change of venue, take place at the (65 vie. No. Court in which the plaint was entered. 33,8- 92 ) Parties. 101. When a plaintiff has a demand recoverable one of under this Act against two or more persons jointly pt^ns answerable, it shall be sufficient if any one or more jointly of the persons is or are served with process, and judgment bebsued.ay may be obtained and execution issued against the person (55 vie. No. or persons so served, notwithstanding that Others33,8'95,) jointly liable are not served or sued, or are not within the jurisdiction of the Court. Every such person against whom judgment is so obtained, and who has satisfied the whole or part of the judgment, shall be entitled to demand and recover contribution from another person jointly liable with him.

154 P art V.— C ivil P rocedure . DISTRICT COURTS. DistrictCourtsAct. 7 E liz . II. No. 66, Executors. 102. An executor or administrator may sue and be 3( 535, sV. i9c6. . N) o. sued in a District Court in the same manner in which a (Compare 1 person may sue or be sued in his own right, and in any G22e,os. . V4. .) No. such case judgment may be given and execution issued against the same persons against whom, and in the same manner in which, judgment would be given or execution issued in the Supreme Court. A judgment obtained by a plaintiff but not satisfied previous to his death and also all causes of action shall survive to his personal representative who may issue out execution in his own name in the same way in which the plaintiff might have done. Joinder and Severance of Causes of Action. Joinder of 103. Subject to the limit prescribed by this Act as acacutisoens. of to the amount for which a plaint may be entered, two or (55 Vic. No. more causes of action, if by and against the same parties 33, s. 98.) and in the same rights, may be joined in the same action in a District Court; but if the Judge is of opinion that the trial of different causes of action together would be inexpedient or inconvenient he may order separate trials to be had. Splitting 104. A plaintiff shall not divide a cause of action Adebmanadndons­ ; for the purpose of bringing two or more actions in a ment of District Court; but a plaintiff having a cause of action e( Cxcoemssp.are 55 for more than the amount for which a plaint might be Yic. No. 33, entered under this Act may abandon the excess (which s. 99.) abandonment shall be stated in the plaint), and thereupon the plaintiff may, on proving his case, recover to an amount not exceeding the limit specified by this Act and the judgment of the Court shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment of the Court shall be made accordingly. Splitting 105. If a defendant has given two or more bills gdievbitngbybills. of exchange, promissory notes, bonds or other securities, (Compare 55 for a debt or sum originally exceeding one thousand sV. ic1. 00N.) o. 33, five hundred pounds, the plaintiff may sue separately upon each of the securities not exceeding one thousand five hundred pounds as forming a distinct cause of action.

1958. DISTRICT COURTS. DistrictCourtsAct. 155 P ast V.— procedure . Changing Venue. 106. If the Judge is satisfied that an action J£d®6emay pending in a District Court can be more conveniently venue 6 or fairly tried in another District Court, he may order that vic.No. the action be sent for trial to such other Court. ’8' ' If a Judge is interested in the matter of an action pending in a Court assigned to him, he shall either order the action to be sent for trial to the nearest District Court which is not assigned to him, or shall adjourn the trial to be heard before another Judge. In the former case the Registrar of the Court in which the plaint and summons was filed shall forthwith transmit by post to the Registrar of the Court to which the action is sent for trial a certified copy of the plaint and summons as filed, the duplicate copy of the plaint and summons served on the defendant, and a certified copy of the order of the Judge, and the Judge of the lastmentioned Court shall appoint a day for the trial, and notice of it shall be sent by post or otherwise by the Registrar to both parties. Means of Obtaining Evidence. 107. A party to an action may obtain, at the to office of the Registrar, subpoenas to witnesses, requiring (ssviTNo. them to attend at the trial, with or without a clause 33> ®-102 > requiring the production of books, deeds, papers and writings, in their possession or control. A subpoena may be served, at the option of the party, by himself or his agent, or by the bailiff. Any number of names may be inserted in a subpoena. 108. A person on whom a subpoena is served ^t1i^.non either personally or in the prescribed manner, and to neglecting whom at the same time payment or a tender of payment *55 v ^ no . of his expenses is made on the prescribed scale, and 33, s. i®3.) who refuses or neglects without sufficient cause to appear or to produce any books, deeds, papers or writings, required by the subpoena to be produced, and also every person present in Court who is required to give evidence and who refuses to be sworn and give evidence, shall be liable to pay a fine not exceeding fifty pounds.

156 F art V.—; C ivil P rocedure . DISTRICT COURTS. DistrictCourtsAct. 7 E liz . II. No. 66, The whole or a part of the fine, as the Judge thinks fit, after deducting the costs of levying it, shall be applicable toward indemnifying the party injured by the refusal or neglect, and the remainder shall be disposed of in the same manner in which other moneys recovered by the Registrar of the Court by which the fine was imposed are disposed of, but the fine shall not exempt the person from an action for disobeying the subpoena. Power of Judge to 109. Instead of fining the person so refusing or cause arrest neglecting to appear, the Judge before whom the person nofotwitness should have appeared may, if good cause is not shown attending for his non-appearance, issue his warrant to bring and o( 35n35, sVus.bicp1.o0Ne4n. o) a.. hmaevnetiotnheed pbeerfsoorne athte aJutdimgee taondtesptilfaycewthoatbhee thkneroewins concerning the matters in dispute in the action in which he is subpoenaed as a witness, and may adjourn the trial to that time and place. Examina­ tion de bene 110. At any time after a plaint is entered, on the esse . application of either party, supported by affidavit that Vs( C. ico1. m05Np. ) oar. e3535, ttehremeeviitdheenrceofotfhea psapreticeisf, ieids mwiattneersisa,l iinnctlhuediancgtioinn, tahnadt that the witness is absent from the State, or is more than one hundred miles from the place of trial, or is expected to die or to be unable from sickness or infirmity to attend at the trial, or is about to leave the State or go to some place beyond the said district before the action can be heard, the Judge of the Court in which the plaint was filed may himself take in Court or Chambers, or may authorise the Registrar of any District Court or a commissioner of the Supreme Court, or justice, or practising barrister or solicitor, to take at some convenient time and place, the examination of the witness de bene esse. A subpoena may be obtained in any such case requiring the attendance of the witness at the time and place appointed for the examination, with or without the production of books, deeds, papers or writings. Any such subpoena may be served in the same manner, and disobedience to it shall entail the same consequences, as in the case of a subpoena to attend at a trial of an action.

1958. DISTRICT COURTS. DistrictCourts Act . 157 P art V.— . C ivil - PROCEDURE. All evidence so taken shall be admissible at the hearing subject to all just exceptions, unless it is proved that the witness is at the time of the hearing within a convenient distance of the Court and able to attend. In every such case the opposite party shall have sufficient notice of the time and place appointed for taking the examination, and may cross-examine the witness in the usual manner. The Judge may either direct the costs of taking the evidence to be paid by the party applying, or may make them costs in the action. Trial. 111. The Judge shall be the sole Judge in all Trial, actions or proceedings in the Court, and shall determine 33 ® all questions of law, and also (unless they are being tried by the Judge with a jury) all questions of fact. 112. The defendant, if a notice of defence has Proceedings been filed, shall appear at the time and place named in whenVoth the summons, and the Judge shall proceed to try the parties action and give judgment. fssvic. No. 33, s. 108.) 113. If a notice of defence has been filed, and the Proceedings plaintiff does not appear at the time and place named in w,^tiff the summons, or upon an adjournment of the Court or does not sohfatlhl ebeancotinosnu, itaendd. the defendant app * ears, the plaintiff jgltoS ,T ? But if the plaintiff does not appear when called upon, and the defendant appears and admits the cause of action to the full amount claimed, and pays the fees payable in the first instance by the plaintiff, the Judge may proceed to give judgment as if the plaintiff had appeared. If in any such case neither party appears the action When shall be struck out of the list of actions for trial. appears. 114. If at the time and place so named, or upon an Proceedings adjournment of the Court or of the action, the defendant defendant does not appear, the Judge, upon proof of service of the does not summons, shall give judgment for the plaintiff, if the No plaint discloses a sufficient cause of action. 33 , s. no.)'

158 P art V.— CIVIL P rocedure . DISTRICT COURTS. DistrictCourtsAct. 7 E liz . II. No. 66, But the Judge may, at the same or a subsequent Court, set aside a judgment so given in the absence of the defendant, and the execution upon it, on such terms and conditions as to costs, giving security and otherwise as he thinks fit, and may grant a new trial of the action upon such terms, if any, as to payment of costs, giving security for the debt or costs, or otherwise as he thinks fit. Proceedings 115. In every action in which the defendant dwehfeenndant’s sets-off or counter-claims for a debt or demand claimed set-off or recoverable by him from the plaintiff, the defendant epxlacienetdifsf’tshe shall, whether the plaintiff is nonsuited or has judgment claim. given against him be entitled to recover in the action V( Cico.mNpoa.re335,5 the amount, if any, by which the debt or demand so set­ s. 111.) off or counter-claimed exceeds the debt or demand claimed and proved by the plaintiff, and shall have judgment and execution for the same accordingly. But the defendant shall not be allowed to set-off a debt or demand exceeding one thousand five hundred pounds. (R.S.C. O. 25, R. 17.) 116. If in any case in which the defendant sets up a counter-claim or set-off, the action of the plaintiff is stayed, discontinued or dismissed, or the plaintiff is nonsuited, the counter-claim may nevertheless be proceeded with. gJorruadangdtejostiummrnea. y grant1in1g7.timTheetoJudthgee pmlaaiyntiinff aonry dceafseendmaanktetoordperorscefeodr 3( 535, sV. ic1. 12N.) o. finrotmhetpimroesetcoutitoimn eoraddejfoeunrcne othfethCe oaucrttiono,r atnhde mtraiayl,alsoor further trial, of an action in such manner and upon such terms as to the Judge seems fit. Trial by Jury. When a jury 118. Any party may require a jury to be summoned msuamymboened. in any of the following cases :— (Compare 55 Vic. No. 33, (a) In any action or matter in which the amount s. 113.) claimed exceeds six hundred pounds ; (b) In any action for the recovery of possession of land of which the value exceeds six hundred pounds;

1958. DISTRICT COURTS. DistrictCourtsAct. 177 P art VIII.— E nforcement of J udgments . to the place where he was arrested, and shall be detained in custody until he is discharged therefrom by due process of law. Execution beyond the District . 171. When a warrant of execution, or a warrant of H°w . commitment, has been issued under this Act, and themayUbehad person against whom it is issued, or any of his property, °^ttr?ftthe is out of the district of the Court from which the warrant t"e court was issued, the Registrar of the Court may send the from which warrant to the Registrar of another District Court within ^ Sued"* the district of which the person, or any of his property, (55 Vic. No. then is or is believed to be, with a warrant annexed to it,33,8‘173 ) under the hand of the Registrar and under the) seal of the Court from which the original warrant was issued, requiring execution thereof. The Registrar of the Court to which the warrant is sent shall seal or stamp it with the seal of the Court, and shall issue it to the bailiff of his Court. The lastmentioned bailiff shall thereupon be authorised and required to act in all respect^ as if the original warrant of execution or commitment had been directed to him by the Court of which he is the bailiff, and he shall within the prescribed time make a return to the bailiff of the Court from which the warrant was originally issued with respect to what he has clone in the execution of the process ; and, if a levy is made, he shall, within the prescribed time, pay over the moneys received in pursuance of the warrant to the Registrar of the Court from which it was originally issued, retaining the fees for execution of the process. General provisions relating to Execution. 172. The precise time when an application is made Time of to a Registrar to issue a warrant of execution shall be ^warrants entered by him in the execution book, and on the warrant, to be and when more warrants than one are delivered to a®ggey£ No bailiff to be executed against the same person he shall 33, s. 174.) execute them in the order of the times so entered. 173. When a writ of execution against the lands or Priority of goods of a party to an action or other proceedmg has issuing out been issued out of the Supreme Court, and a warrant of ^®“preme execution against the lands or goods of the same party District has been issued out of a District Court, the right to the Pg°gur^ic property seized shall be determined by the priority of 33, s. n5;y0

178 DISTRICT COURTS. P ast VIII.— -----------------------------------------------------'------------------------------------------- —--------------- - enporciimbnt DistrictCourtsAct. 7 E liz . II. No. 66, J udgments .____________________________________________________________________________________ the time of the delivery of the writ so issued out of the Supreme Court to the sheriff to be executed, or the time of the application to the Registrar for the issue from the District Court of the warrant of execution, whichever is the earlier. The sheriff shall, on demand, inform the Registrar of the precise time of the delivery of the writ so issued out of the Supreme Court, and the Registrar shall, on demand, inform the sheriff, or a sheriff’s officer, of the precise time of the application to the Registrar for the issue from the District Court of the warrant of execution. Execution 174. If the Judge makes an order for the payment ianfter default of a sum of money by instalments, execution upon the instalment order shall not be issued against the party until after missauyedbefor default in some instalment. w( 353h5, oslV.ei1sc7u. 6m. N) . o. succeUsspiovne esxuecchutiodnesfamulat y bbeeingissumedadfeo, r ethxeecuwthioonle oorf the sum of money and costs then remaining unpaid, or for such portions thereof as the Judge may have ordered, either at the time of making the original order, or at a subsequent time. judge may 175. If at any time it appears to a Judge that the execution or defendant in an action or matter is unable from sickness order or other sufficient cause to pay and discharge the debt certaS'SL^s. or damages recovered against him, or any instalment (55 Vic. No. thereof, the Judge may suspend or stay any judgment 33, s. 177.) gjven or execution issued in the action or matter for such time and upon such terms as he thinks fit, and so from time to time until it appears that the cause of inability has ceased. Execution 176. In or upon every warrant of execution the superseded Registrar of the Court shall cause to be inserted or of debt^and en(Iorsed the sum of money and costs adjudged and the costs6 811 amount of the fees for the execution of the warrant. 33 ! Jmj0, II the party against whom the warrant is issued, before actual sale, pays or tenders to the Registrar of the Court from which it was issued, or to the bailiff holding the warrant, the sum of money and costs, or such part thereof as the person entitled thereto agrees to accept as full payment of the debt or damages and costs, the execution shall be superseded, and the property of the party against whom the execution was issued shall be discharged.

1958. DISTRICT COURTS. DistrictCourtsAct. 179 P art VIII.— E nforcement of J udgments . 177. If there are cross-judgments between the same 9 ross- parties in a District Court, execution shall be issued j^bes^off. at the instance of that party only who has obtained (55 vio. No. judgment for the larger sum, and for so much only as ’ ' ' remains after deducting the smaller sum, and satisfaction shall be entered oh the judgment for the smaller sum, and if both sums are equal, satisfaction shall be entered on both judgments. Attachment of Debts. 178. When a judgment is for the recovery by or ofX<^^a*ent payment to a person of a sum of money, the party debtor as to entitled to enforce it may apply to the Ju<jlge for an d?^ta due to order that the judgment debtor be orally examined (55 Vie. No. before the Judge, or such other person as the Judge 33>s-18J ) appoints, as to whether any and what debts are owing to him; and the Judge may make an order for the examination of the judgment debtor, and for the production of any books, deeds, papers or writings. 179. Upon the ex parte application of the judgment to creditor, either before or after the oral examination, and garnishee upon affidavit by himself or his solicitor stating that “compare g5 judgment has been recovered, and that it is still Vic. No. 33,' unsatisfied and to what amount, and that anothers-182>) person is indebted to the judgment debtor and is within the State, the Judge may order that all debts owing or accruing from the third person (hereinafter called the garnishee) to the judgment debtor, shall be attached to answer the judgment, and by the same or a subsequent order may order that a summons be issued requiring the garnishee to appear before the Judge, to show cause why he should not pay the judgment creditor the debt due from him to the judgment debtor, or so much of it as is sufficient to satisfy the judgment. 180. Service of an order that debts due or accruing to a judgment debtor shall be attached, or notice of it to order, the garnishee in such manner as the Judge directs, shall (®6 bind the debts in his hands. ’8’ ’ 181. If the garnishee does not dispute the debt due or claimed to be due from him to the judgment garnishee, debtor, or does not appear in obedience to the summons, 33 ° BlCg 4 j' and if in either case he does not forthwith pay into Court ’ the amount due from him to the judgment debtor, or an

180 DISTRICT COURTS. P art VIII.— E nforcement of J udgments ; DistrictCourtsAct. 7 E liz . II. No. 66, amount equal to the judgment debt, the Judge may order a warrant of execution to be issued, and it may be issued accordingly without a previous writ or process, to levy the amount due from the garnishee, or so much of it as is sufficient to satisfy the judgment. lgTiaarribanillisiothyfeeo.f Judge1, 82in. stIefadthoef gmarankiisnhgeeandisoprdueters thhaist aliawbialirtrya,ntthoef 3( 535, sV. i1c8. 5N.) o. eqxueecsutitoionnneshceasllsabrey ifsosruedde, temrmaiynionrgdehristhliaatbialintyy bisesuterieodr or determined, in any manner in which an issue or question in an action is tried or determined, and thereupon the same proceedings may be had in all respects as if an action were pending between the parties, and any order or judgment made in such proceedings may be enforced in the same manner as a judgment in an action in the Court. Lien of third 183. When in proceedings to obtain an attachment pdeerbsto.n on of debts it is suggested by the garnishee, or it otherwise (55 Vic. No. appears, that the debt sought to be attached belongs to 33, s. 186.) a third person, or that a third person has a lien or charge upon it, the Judge may order a summons to be issued requiring the third person to appear and state the nature and particulars of his claim upon the debt. Trial of claim 184. After hearing the allegations of the third poefrtshoinrd. person, and of any other person whom by the same or a (55 Vic. No. subsequent order the Judge directs to be summoned, or 33, s. 187.) if the third person does not appear in obedience to the summons, the Judge may order that a warrant of execution be issued to levy the amount due from the garnishee, or that an issue or question be tried or determined as hereinbefore provided, and the Judge may bar the claim of the third person, or may make such other order as he thinks fit, upon such terms with respect to the lien or charge (if any) of the third person, and to costs, as he thinks just. Discharge of 185. Payment made by or execution levied upon g( 5a5rnVisihce. e. No. a garnishee under any such proceeding shall be a valid 33, s. 188.) discharge to him as against the judgment debtor to the amount paid or levied, although the proceeding may be set aside or the Judgment reversed.

DISTRICT COURTS. 181 --------------------------------------------------------------------------------------------------------------------------------- P art VIII.— 1958. ! DistrictCourtsAct. enforcement ______________________________________________________________________ ^______________ J udgments . 186. The Registrar shall keep a debt attachment Attachment book, in which entries shall be made of all attachments JSs ^ic. No, made and of the proceedings taken in respect of them, 33, s. 189.) with names, dates, and statements of the amount recovered and such other particulars as may be prescribed ; and copies of entries made in the book may be taken by any person upon application to the Registrar. 187. The costs of an application for an attachment ?5°styio No of debts, and of the proceedings arising from or incidental 33 , s. 190 !) °' to the application, shall be in the discretion of the Judge. *P art IX. —G eneral P rovisions . Rules of Court. P art IX.— G eneral P rovisions . 188. (1.) The District Court Judges for the time to being or a majority of them, with the approval of the r ^ of Judges of the Supreme Court or two of them of whom the ^>UTt- Chief Justice shall be one, and with the sanction of the v ^ no T ss *3 Governor in Council by Order in Council published in ^ the Gazette , may, from time to time, make all such Rules i 5 ,°s. ii^>° of Court as may be deemed necessary or convenient for regulating the procedure and practice of District Courts and for the purpose of giving full effect to this Act or of any other Act conferring jurisdiction, power or authority on District Courts. Without restricting the generality of the foregoing such Rules of Court may make provision for all or any of the following matters :— (a) The government and conduct of the Registrars, officers and servants of the Court; (b) The duties of such Registrars, officers and • servants; (c) Conferring on Registrars, either generally or in any particular case and under such circumstances and on such conditions as may be prescribed, the jurisdiction, powers and authorities wholly or in part of a Judge in Chambers, and providing for an appeal from such Registrars in the exercise of any such jurisdiction, power or authority ; * Sections 1, 2 and 3 and Parts II. and IX. of “ The District Courts Act of 1958,” came into force on 19 Mar., 1959. (Proc. pubd. Gaz. 21 Mar., 1959, at p. 1703.)

182 P art IX.— G eneral P rovisions . DISTRICT COURTS. DistrictCourtsAct. 7 E liz . II. No. 66, (d) The mode of keeping the books, entries and accounts to be kept by the Registrars ; (e) The times for appearing to summonses, for filing and serving notices of defence, and the mode of such service ; (/) The particulars to be given in any plaint or defence including set-off or counter-claim ; (g) The fees to be allowed to barristers and solicitors, and the expenses to be paid to witnesses ; (h) Forms for all matters and proceedings in the Court; (i) Directing that notices of the trial or hearing of any action or matter shall be taken in shorthand; (j) Service and execution of process outside the State and subsequent procedure thereon. (2.) The following Rules of the Supreme Court shall, mutatis mutandis, be adopted and applied, that is to say— Orders III. and IV. ; Order XVI.; Order XXXV.; Order XXXVI.; Order LIX. Reference in such orders to the Supreme Court or a Judge thereof shall be construed as reference to a District Court, or a Judge thereof. (3.) When a party desires to take a step in an action or matter and the manner or form of procedure is not prescribed by these rules or by the practice of the Court, the party may apply to a Judge for directions and any step taken in accordance with the directions given by the Judge shall be deemed to be regular and sufficient. (4.) Rules of Court may be made under this Act modifying any provision in respect of practice Or procedure of the Court contained in this Act. Fees and Fines. Amount of 189. There shall be payable in respect of every CTohuirrdt fees. civil proceeding in a District Court the fees mentioned Schedule. in the Third Schedule to this Act. (Compare 55 Vic. No. 33, The fees shall be paid in the first instance by the s. 192.) party on whose behalf the proceeding is to be taken, and shall be paid before the proceeding is taken, and the fees

1958. DISTRICT COURTS. DistrictCourtsAct. 183 P art IX.— G eneral P rovisions . payable for executing warrants of execution shall be paid into Court before or at the time of the issue of the process of execution. A table of the fees shall be put up in some conspicuous place in the Court house and in the Registrar’s office. 190. The Governor in Council may, from time to Governor in time, by Order in Council, alter, amend, add to, modify aitw feesmay or revoke the scale of fees or any part thereof in such (65 Vic- No­ manner as he thinks fit. 33, s‘193,) Without limiting the generality of the foregoing, he may increase or reduce such fees or any of them or revoke any of such fees or add further fees for such purposes as he may specify or fix any basis or bases of calculation in respect of any such fee existing or prospective. Any such Order in Council shall be laid before the Legislative Assembly within fourteen sitting days after such publication, if the Legislative Assembly is in session, and if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Order in Council of which resolution notice is given at any time within fourteen sitting days after such Order in Council has been laid before it such Order in Council shall thereupon cease to have effect without prejudice to the validity of anything done in the meantime. 191. All fees payable in respect of any proceedings and to the Registrar, except such of them as the bailiff is^fdtoUw entitled to receive and retain for his own use under the Consolidated provisions of this Act, and all fines imposed under this Fund™6 Act and received by the Registrar, shall be paid into the <55 vie. No. Consolidated Revenue Fund. 33, s'194-) Unclaimed Money in Court. in the19m2o.nTthheofRMeagricshtrianr eoafchevyeerayr, Dmiastkreicot uCt oaulritst sohfaalll, l muSnuocintloaeriyms’ ed hsuamves obfeemnopneayidbienlotongCinogurtot asnuditowrshiinchthheavCeourertmwaihniechd fftioofrtbeeenpayiedatros uthnecnlailmasetdpfaosrtf,ifstpeeencifyyeianrgs btheeforneamtheesfiorsfttdhaeypoefrJsoannsuafroyr tRChoeevnesnoluideated wCohuormt. or on whose account the same were so paid into VF( Cuicon.mdNp. aor.e 3535, s. 195.)

184 P art IX.— G eneral P rovisions . DISTRICT COURTS. DistrictCourtsAct. 7 E liz . II. No. 66, A copy of the list shall be put up and remain during Court hours in some conspicuous part of the Court house, and at all times in the Registrar’s office, and all sums of money which have been paid into Court to the use of any suitors, and which shall have remained unclaimed for the period of fifteen years on the first day of January next after the list has been put up as aforesaid shall be paid into Consolidated Revenue ; but such payment into Consolidated Revenue shall not be a bar to any person to make at any time an application to the Judge of the Court for an order directing the transfer back of the whole or part of any moneys from Consolidated Revenue to the account from which they were so transferred and the Judge may make such an order accordingly on such terms as the Judge thinks fit. The time during which the person entitled is an infant, or mentally ill, shall not be taken into account in estimating the number of years. Offences. Power of 193. If any person wilfully insults a Judge, or a fcoormmittal juror, or a Registrar, bailiff or other officer of a District contempt. Court during his sitting or attendance in Court, or in V( Cico.mNpaor.e 3535, going to or returning from the Court, or wilfully s. 198.) interrupts the proceedings of the Court, or otherwise misbehaves himself in Court, a bailiff or other officer may, with or without the assistance of another person, by order of the Judge, take the offender into custody and detain him till the rising of the Court, and the Judge may, by a warrant under his hand, and sealed with the seal of the Court, commit the offender to the prison nearest to the Court, for any time not exceeding one month, or may impose on the offender a fine not exceeding fifty pounds, and in default of payment may commit the offender to prison for any time not exceeding fourteen days, unless the fine is sooner paid. Forms. 0( FC.o2or2mm, psR.a.re55 Rules1o9f4C. oTuhrtemfoardme sheinreuthnedeFr iwrshtenScahpepdliuclaeblaenadndinwahneyn R.S.C.) they are not applicable forms of the like character as near as may be shall be used for all actions, matters or proceedings.

1958. DISTRICT COURTS. DistrictCourtsAct. 185 SCHEDULES. No. 1. Section 71. FIRST SCHEDULE. G eneral F orm of P laint and S ummons . The District Court at Plaint. Plaintiff Defendant The plaintiff’s claim is for £ 1959 of of fo • No. First Schedule. 1. 2 . 3. 4. Dated this Facts Relied on to Prove Claim. ■ | day of 19 Plaintiff (or his Solicitor). Summons. You are hereby summoned to appear at the District Court to be held at on the day of 19 at o’clock in the forenoon to answer the above Plaint. Dated this day of 19 . Registrar. If you do not intend to contest this claim you are not required to appear before the Court but if you do not appear judgment may be given against you in your absence. Notice as to Defence. If you intend to contest the above Plaint you must before the day of file with the Registrar of the District Court a defence in the prescribed form. That defence should contain all the matter of defence prescribed by section 75 of “ The District Courts Act of 1958.” If you do not file a defence before that date judgment may be given against you for the amount claimed and costs. Section 64. If you assert these proceedings have not been commenced in the prescribed district it will be necessary in addition to and with your defence to file a notice to that effect, otherwise the action shall be deemed to have been commenced in the prescribed district.

186 S chedules . DISTRICT COURTS. DistrictCourtsAct. 7 E liz . II. No. 66, No. 2. Section 76. G eneral F orm of D efence . Defence of Defendant The District Court at Plaintiff 1959 No. Defendant The defendant denies each of the following facts stated in the Plaint to be relied on to prove the claim :— 2 . ► 3. 4. (Here state specifically which of the facts relied on the defendant denies .) In addition to the above denials the defendant intends to rely on the following defences :— r 6 f I (Here state which if any of the defences indicated in Section 75 of g* j the Act the defendant intends to rely on.) Dated the day of 19 No. 3. Section 79. G eneral F orm of D efence and C ounterclaim . Defence and Counterclaim. The District Court at 1959 No. Plaintiff Defendant (Set out defence as in Form No. 2 supra and continue.) The defendant counterclaims against the plaintiff for £ for . [Facts relied on by defendant to prove counterclaim.] 1. 2 . 3. 4. (Note if any facts set out in Plaint are relied upon by the defendant , he must state them specifically in the counterclaim.)

1958. DISTRICT COURTS. DistrictCourtsAct. 187 S chedules . No. 4. P laint for F raudulent M isrepresentation . The plaintiff’s claim is for £1,500 for fraudulent misrepresentation. Facts relied upon to prove claim. 1. Agreement in writing dated the day of whereby the defendant sold to the plaintiff for £3,000 a mixed business at . 2. A verbal representation that the takings for the previous twelve months were £100 each week made by defendant to plaintiff to induce the plaintiff to purchase it. 3. The plaintiff was induced to purchase the business by that representation. 4. The representation was false in that such takings were much less than £100 a week. 5. The defendant knew that the representation was false. 6. The business at the time of the agreement was worth only £1,500. No. 5. Section 59. P laint for P urchase P rice due on S ale of L and . The plaintiff’s claim is for £1,500 for balance of purchase money on Sale of Land. Facts relied upon to prove claim. 1. A verbal agreement made between plaintiff and defendant at on the day of , 19 , whereby the plaintiff agreed to sell and the defendant agreed to purchase all the land comprised in Certificate of Title No. situated at Street, Brisbane, on which was erected a dwelling-house for the sum of £2,000 of which £500 was paid as a deposit and the balance was to be paid on in exchange for a duly executed transfer of the said land in registrable form and the Certificate of Title free of encumbrances. 2. The agreement has been in part performed as follows (state how). 3. The defendant failed to pay the said balance on or before the due date or at all. 4. A transfer of the said land in registrable form duly executed by the plaintiff and the Certificate of Title free of encumbrances was tendered by the plaintiff to the defendant on the said due date in exchange for the balance of the purchase money.

188 S chedules . ---------------------------- : DISTRICT COURTS. DistrictCourtsAct . 7 E liz . II. No. 66, No. 6. Section 59. P laint for R ent due under an A greement for L ease . The plaintiff’s claim is for £200 for rent due under an agreement for a lease of land. ,. Facts relied upon to prove claim . ' 1. An agreement in writing dated the day of 19 , whereby the plaintiff agreed to let to the defendant a residence situated at Street, Brisbane, for three years from that date at a rental of twenty pounds (£20) a week payable weekly in advance. 2. The defendant entered into possession and duly paid the rent for the first year of the tenancy. 3. During the first year of the tenancy the defendant gave to the plaintiff a six months’ notice of termination of his tenancy as at the end of that first year. 4. At the end of that first year the defendant vacated the said residence and has refused to pay any rent for it since. 5. The plaintiff’s claim is for rent for ten weeks since the end of the first year of the tenancy at £20 a week. No. 7. Section 138. P laint for P ossession of L and for N on -P ayment of R ent . The plaintiff’s claim against the defendant is to recover possession of all the land comprised in Certificate of Title No. and situated at Street, Brisbane. Facts relied upon to prove claim. 1. The plaintiff is the registered proprietor of the said land. 2. The defendant is the tenant from the plaintiff of the said land, under an instrument dated the day of (describe). 3. The rent payable under the said instrument for the said land was £500 by the year. 4. By the said instrument the plaintiff as landlord has a right by law to re-enter for non-payment of rent for a period of (set out period). 5. At the date hereof the defendant was and still is in arrears in payment of rent for a period exceeding the aforesaid period of namely from the day of to this date. 6. The defendant actually occupies the said land. 7. The said land is situated in the District of this Court. 8. The said land is not land within Part III. of “ The Landlord and Tenant Acts , 1948 to 1957.”

1958. DISTRICT COURTS. DistrictCourtsAct. 189 S chedules . No. 8. Section 136. P laint for P ossession of L and on E xpiry of T enancy . The plaintiff’s claim against the defendant is to recover possession of all the land comprised in Certificate of Title No. situated at Street, Brisbane. Facts relied upon to prove claim. 1. The plaintiff is the registered proprietor of the said land. 2. The defendant was the weekly tenant from the plaintiff of the said land under a verbal agreement between the parties. 3. On the day of the plaintiff served on the defendant a notice to quit the said land on the day of . 4. The defendant neglects (or refuses) to give up possession of the said land. 5. The defendant actually occupies the said land. 6. The said land is situate in the District of this Court. 7. The said land is not land within Part III. of “ The Landlord and Tenant Acts, 1948 to 1957.” No. 9. P laint for G oods S old and D elivered . The plaintiff’s claim is for £170 for goods sold and delivered. Facts relied upon to prove claim. 1. The defendant purchased from the plaintiff at the defendant’s shop at on the dates hereunder stated the goods hereunder specified. 2. The prices set out hereunder were at the relevant dates the market prices for the goods in respect of which they are charged. The following are Particulars :— 1958—31st July— Balance of account for groceries supplied to this date as shown in accounts already given to defendant .. .. .. .. .. 1958—1st August to 30th September— Groceries sold and delivered to defendant by plaintiff (set out details with dates and items) (If details exceed three folios that fact should be so staled with a reference to full particulars already declared and delivered with the plaint and smnmons) £ s. d. 30 0 0 150 0 0 180 0 0 1958—1st October—Paid .. .. .. .. . . 10 0 0 Balance due .. .. .. 170 0 0

190 S chedules . DISTRICT COURTS. DistrictCourtsAct . 7 E liz . II. No. 66, No. 10. P laint for C laim for D amages for N egligent D riving . The plaintiff claims £2,500 for personal injuries received by him through the negligent driving of a motor car by the defendant. Facts relied upon to prove claim . 1. The plaintiff was on the day of 19 , at about o’clock, walking across Street, Brisbane, at a pedestrian crossing controlled by lights when such lights gave the plaintiff right of way. 2. The defendant at the time and place aforesaid so negligently drove a motor car that it collided with the plaintiff throwing him to the ground on the said pedestrian crossing seriously injuring him and causing damage to and loss of earnings and property. Particulars of negligence relied on. (а) The defendant failed to keep any or any proper lookout. (б) He failed to allow the plaintiff passage over the said pedestrian crossing by stopping or slowing down or changing the course of the said motor car {add any otherfacts relied on). Particulars of injuries suffered by plaintiff 3. (Set out particulars of injuries , including , if alleged , particulars of permanent injuries.) Particulars of Special Damages . (a) Loss of wages at to 19 . per week from £ 19 , No. 11. D efence to C laim for F raudulent M isrepresentation . (Form No. 4). The defendant denies the following facts relied upon to prove the claim :— 1. The verbal representation in paragraph 2 thereof and any representation as to takings. 2. That the plaintiff was induced to purchase the business by any representation made by the defendant. 3. That the takings were much less than £100 a week. 4. That the business at the time of the agreement was worth only £1,500. In addition to the above denials the plaintiff intends to rely on the following defences :— 5. The plaintiff examined the books of the said business and made enquiries from the defendant’s customers and the wholesale merchants from whom the defendant purchased his stock and relied on the information so obtained and not upon any representation made by the defendant when he purchased the business. 6. The said business was worth £3,000 when the plaintiff purchased it.

1958. DISTRICT COURTS. DistrictCourtsAct. 191 S chedules . No. 12. D efence of C onfession and A voidance in A ction for A ssault . The defendant to rely on the following facts by way of defence :— That on the occasion of the alleged assault the plaintiff was trespassing and doing damage upon the defendant’s farm and the defendant requested him to leave the farm which the plaintiff refused to do, whereupon the defendant quietly laid hands upon him in order to remove him from the farm using no more force than was necessary for that purpose, which is the assault alleged by the plaintiff. Save as is admitted above the defendant denies that he assaulted the plaintiff. No. 13. D efence to C orrespondence C ontract for S ale of L and . 1. The defendant denies that he agreed as alleged in the statement of facts relied upon to prove the claim, or at all, to sell to the plaintiff the land described in such statement. 2. The defendant admits that the correspondence relating to the said land referred to in the said statement of facts passed between him and the plaintiff. 3. The defendant will submit and contend that no concluded agreement for the sale of the said land can be deduced from the said correspondence. No. 14. D efence to C laim for T respass to L and . The following facts are relied upon by the defendant as a defence : 1. At the time of the trespass referred to in the facts relied upon to prove claim, a highway had been dedicated to the public over the plaintiff’s said land. 2. The defendant having lawful occasion to use the said highway entered upon the said land for that purpose and removed certain obstructions in the said highway which prevented him from lawfully using it and this is the trespass relied on by the plaintiff. 3. Save as is admitted in paragraph 2 hereof the defendant denies the trespass alleged by the plaintiff.

192 S chedules . DISTRICT COURTS. DistrictCourtsAct. 7 E liz . II. No. 66, No. 15. D efence to C laim fob G oods S old and D elivebbd . The defendant denies the following facts stated in the Plaint to be relied on to prove the claim :— 1. That the defendant purchased from the plaintiff the goods specified in the Plaint or any of them ; or 2. The defendant admits that he purchased from the plaintiff goods for the price of £100 and no more namely (set out ); or 3. The defendant admits that he purchased from the plaintiff goods as specified in the Plaint for the price therein admitted but says that he paid and made satisfaction for them in full. The defendant relies on the followingfacts to prove his defence :— 1. On the day of paid to the plaintiff the sum of £50 in cash. 19 the defendant 2. On the day of 19 the defendant sold and delivered to theplaintiff goods for the price of £50 which it was then and there agreed between the plaintiff and the defendant was with the sum of £50 in full satisfaction of the defendant’s indebtedness to the plaintiff. Second Schedule. SECOND SCHEDULE. Section 85. J udgment S ummons . The District Court at No. (of plaint). Between and , plaintiff, , defendant. Let all parties concerned attend at the Chambers of His Honour the Judge , street (or at the House, ), on , the day of , at o’clock in the noon, on the hearing of an application on the part of the plaintiff that he may be at liberty to sign judgment in this action forthwith, for the amount indorsed on the summons herein, with interest, and costs, including the costs of this application, or for such further or other order as to the Judge may seem meet. Dated this day of , A.D. To the abovenamed defendant (and to his solicitors). Sections. Registrar. On the hearing of this Summons the Plaintiff intends to read

1958. DISTRICT COURTS. DistrictCourts Act. 193 S chedules . Sections 41 and 189. THIRD SCHEDULE. C ourt F ees . Third Schedule. £ s. d* For entering plaint and issuing summons .. .. .. 1 10 0 For issuing subpoena or subpoenas in an action or matter .. 0 8 0 For filing defence .. .. .. .. .. .. .. 0 10 0 For issuing summons in interlocutory matter .. .. 0 10 0 For filing interlocutory order .. .. .. .. .. 0 15 0 For filing affidavit other than affidavits as to service .. 0 5 0 For entering judgment..................................... .. .. ..20 0 For issuing any warrant .. .. .. .. .. .. 0 10 0 For taxing bill of costs for every £2 0 0 allowed or a fraction thereof .................................................... ..01 0 For inspection of records in any action or matter .. ..02 6 For copying same, per folio of 72 words or figures .. ..0 1 0 . Poundage on executing every warrant of execution or other process under or by reason of which money is received by the bailiff or execution creditor, £5 per centum on first £100, and £2 10 0 per centum above that amount, But not to be less than .. .. .. .. ..20 0 B ailiffs ’ F ees ( in all C ases ). £ s . d. Mileage for service of summons or subpoena, or for executing a warrant, each mile from the Court house (one way) [ . 0 1 6 For service fee .. .. .. .. .. .. ,.(>96 For executing a warrant .. .. .. .. .. 1 10 0 For keeping possession under a warrant of execution against goods each day .. .. .. .. .. L. 1 10 0 For drawing advertisement of sale, when sale under warrant of execution .. .. .. .. .. .. ..100 For conveying a person to prison under warrant, per mile .. 0 5 0 0