Frivolous Suits Act 1843 (SA)

ANNO SEXTO ET SEPTIMO

AN 0 RDINA NCE to avoid Trijiug and Frivolous Srrits at Lnw.

L l

year of Iler present Majesty's reign intituled " An Act to repeal part	WHEREAS an Act of Parliament was passed in the 3rd and 4th
" of an Act of the forty-third year of the reign of Queen Elizabeth " intitulcd ' An Act to avoid trifling and frivolous suits in law in Her " l l a je~ t ,~ ' s Courts in West~~inster, ' '? and of an Act uf the twenty- second and twenty-third year of the reign of King Charles the
Second intitriled An Act for laying impositions on proceedings at c c h w and to make further provisions din lieu thereof.' And nhmes
it i s cxpcdient that the provisions of the said rccited Act should be ap-
plied in the administration of justice in this Province: ,.

Costs not to be re. . A

BE IT TBEREFO~LL ENACTED by Ilis Excellency the Governor of South covercd in actions cif e e

' Australia wit11 tile advice and consent of tlic Legislative Council thereof: trcqrrqs Or W- , .

on the case where

, That in accolrlnnce wit11 the provisions of the recited Act if the Plaintiff in ,l,,.,,, ,,,,~d

BnY action oftrespass orof trespass on Lha cnw brought or to be brought miicw less up011 Judge's 4oq.+

any of IIer Majesty's Courts of Record of this Province sl~all re- cmtif imt~, &C. . .

CO\'tbr

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. cover by verdict less damages than Forty Shillings wch Plaintiff shall not be entitled to recover or obtain from the Defendant in res- pect of such verdict any costs whatever whether it shall be given upon any issue or issues tried or judgment shall have passed bp default unless

i$ the Judge or presiding oficer before whom such verdict shall be ob- tained shall immediately afterwards certify on the back of the record or on the writ of trial or writ of inquiry that the action was really brought to try a right besides the mere ri@t to recover damages for the trespass or grievance for which the action shall have been brought or that the trespass or grievance in respect of which the action was brought was wilful and malicious.

11. Provided always and be it enacted that nothing herein contained

Act

deprive Pleiatiffs or

aend not to tru- costs in any action brought for a trespass over any lands commons where notice shall extend to or be construed to extend to deprive any Plaintiff of

wastes c l o k woods plaitations or enilosures or entering into any dwellings out-buildings or premise8 in respect of which any notice not to trespass thereon or therein shall have been previously served by or on behalf of the owner or occupier of the land trespassed over upon or left at the last reputed or known place of abode of the defendant in such action,

. 111. And be it further enacted that this Ordinance shall commence

and take effect from and after the passiag thereof.

GEORGE GREY,

Governor and Commander-in-Chief.

P w d in the Legislative Council, this Twentieth

day of October, 1843.

W.. L. O'HALLORAN,

Clerk