Imprints Act 1881 (SA)

ANNO QUADRAGESIMO QUAlt'l'O ET QU AURAGESIMO

QUI NTO

No. 209,

An Act to amend the " Imprint Act of 1863."

[Assented to, Novembw 18th, 1881.1

HEREAS it is desirable to amend the " Imprint Act of 1863," Preamble.

W by providing means for the recovery of penalties thereunder -Be it therefore Enacted by the Goremor of the I'rovince of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1, Section 6 of the " Imprint Act of l863 " is hereby repealed. apwi.

2. Every proceeding under the Imprint Act of 1863,'' in Penaltie8 may be re- covered in a summary

respect of any omission, default, neglect, act, or offence to which ,.,

any penalty is attached shall be heard and deterniined in n summary

way by any Special Magistrate or two Justices of the Peace under

the provisions of an Ordinance, No. 6 of 1850, '' To Facilitate the

Performance of the Duties of Justiccs of the Peace out of Sessions

with respect to Summary Convictions and Orders," or of any Act

hereafter to be in force relating to the duties of Justices with respect to summary convictions and orders, and all convictious and orders

may be enforced as in the said Ordinance, or in any such Act here-

after to be in force is or may be provided.

3, There shall be an appeal from any conviction by any Special appeal to Lonal Court of Full

Magistrate or Justices fox any offence against the " Imprint Act of JuriadictiOII.

1863," or from any order dismissing m y information, which appeal shall be to the Imal Court of Adelaide of Full Jurisdiction only, and the proceedings on such appeal shall be conducted in manner

209 appointed

44' 45" VICTORIW, No. 209.

appointed by the said Ordinance, No. 6 of 1850, for appeals to Local Courts, or any Act hereinafter to be in force regulating such appeals; bnt the mid Local Court of Adelaide may make such order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed the sum of Ten Pounds.

~ ( J o p r C, u p a n 4. The said Local Court of Adelaide, upon the hearing of any

mch ap@, may state one or more specid case or cases for the

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opinion of the Supreme Court, and the Supreme Court shall hear and decide such special WJW or cases according to the practice of the Supreme Court on special cases, and the Supreme Court shall make order as to costs of any special case as to the said Court shall appear just; and any Justices or the Local Court of Adelaide shall

make an order in respect to the matters referred to the Supreme

Court in conformity with the certificati of the said Supreme Court,

which order of the Justices or Local Court shall be expressed in

manner provided for the enforcement of orders of Justices under the said Ordinance, No. 6 of 1850, or other Act as aforesaid; and, aave as herein provided, no order or proceeding of any Special Magistrate or Justices, or of the Local Court of Adelaide, mad e

under the authority of this Act, shall be appealed against, or

removed by mthrua' or otherwise into the supreme Court of the

mid province.

6. This Act and the " Imprint Act of 1863," except so far as

d e latter is altered by this Act, shall be incorporated and read as

one Act.

$: This Act may be for all purposes cited as the "Imprint

Amendment Act: l88 1 ,"

In the name and on behalf of Her Majesty, I hereby assent to

this Bill: WM. F. URUMMONI) JERVOIS, Governor.

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A&& : By a-@, E. PPXLLB~, Government Printer, Nonh-tenwe.