Juries Act 1837 (SA)

A N ACT to establish Courts of Res ent Magistratec to appoint Resident

Ma,nlnrafe.* to confer on Ju.sticcs c$	the Peace certain Powers until such	t
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ftesiden, ,'Magistrates be aPpoiuted2;~o provide for the Recoaery of small \

De4tr and the P m W m e n t of cer .44 Ofencer within the Pmvince of

South Australia. "r I

W HEREAS it is expedient to cre&e and constitute within the Province of South Australia certain Courb having jurisdiction in all cases of

crimes or oRcnces not amounting to a @any and punishable as hereinafter mentioned and also in civil cases of s q l l value and it is necessary to limit

and define the extent and jurisdicti@ of such Courts :-Be i t therefore

enacted by His Excellency JOHN H I X D A ~ R S I I Knlght of the Ro a1 Hanove-

r im Guelphic Order Captain in the Raj@ Navy Governor and 6 omrnander-

in Chief of Her Majesty's Province $ South Australia by and with the

advice of the Legislative Council thcr@f that it shall be lawful for His Excellency the Governor for the time bdng of the Province, and he is hereby empowered by proclamation from time to time as occasion may require to dcfine name and mark out by proper meks and boundaries a certain part or portion or certain parts or portions of: the Province and t o create and constitute tllc same into a district or dis$icts of the said Province.

11. That it shall be lawful for His Eqxllency the Governor for tie time being and he is hereby required from t h e to time as and when any such district or districts is or are named defined marked out created and constituted to create constitute and establish in each and every such district

a Cuurt to be called the Court of the Reaident Magistrate of the particular

district so fro111 time to time to be named defined marked out created

constituted and established as aforesaid.

111. That it shall be lawful from time to time as and when any such

Court of Hesident Magistrate shall be created constituted and establbhed in

any

ha be called the

a11 be so created

until such districts be

such authority as B Act in his particular

ve a Clerk of the-Peace asary for the adminis-

for the execution of Itesident Magistrate

me be appointed and

a8 the Governor in

Council shall direct.

V. That the snid Courts rospecti&ly shall hove full power and authority to hear and determine in a summarybway all action8 plaints and suits for the payment or recovery of any debt da~bages or matter not exceeding Twenty pounds sterling and to award costg ttjrerein.

eed therein but

y sum above the said

t or suit which may atsoever: Provided erest at the rate of

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X. Thet if any action or suit for BT dab$ W 4um cqrfaSsl yecwerable in

af BdlTdefl Rilagistrqtes iq&i&tp;d bg t k l i h t &a be. CQIII-

& t

menced

i

l, \

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e n c d in the Supreme Court of this ~rovincb the plaintiff in such action

suit shall nor: have or be enti t ld to any c ~ ~ t s $ ~ h a t s o e v e r and if the Judge fore whom the same action or actions shall ha e been brought tried or heard all certify that such debt or sum ought to h ~, 1 e been sued for in any one the said Cou~ts of R~sident Magistrates $hen the defendant notwith-

ding any verdict or judgment. passed or giv* for the plaintiff shall have be entitled to his costs and ta execution for the same in like manner a$ if

he verdict or judgment had beer1 passed or given in favor of such defendant

if the verdict shall have been in favor of 41ch clefendant then he or she

have and be entitled to double costs.	i'
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XT. That no order judgment or proceeding iB any such Court of Residmt qistrates shall be quashed or vacated for wast of form only nor shall any tion plaint or suit or any proceeding therein br?; removed into the Superne ourt of this Province by any writ or process whatsoever.

XII. That all writs summons or process issuefil by such Courts of Resident

istrates shall be executed by an officer or officers of such Court to be ted for that duty by the Resident Magistrates in any part or place of Province in the same way and mallncr in ala respects as writs or process

a similar nature issuing out of the Suprerne court of this Province are or be executed by the Sheriff and cvery such officer shall for the purpose abling him to perform the dutics of such hi$ office have the same powers authorities and also be subject to the same,liabilities as a Sheriff in the

xercise of the duties of his ofice: I'rovided that until the forms, and gulatione: of the said Supreme Court be officillly promulgated it shall be

olnpetcnt to the said Resident Magistrilt,es to aathorise such forms and mode

E procedure as may seem expedient and just.

XIII. 'l'hat defenclanls shall in general be mmmonerl only to the Courts

hich sllall Le held lor the districts where they or eome of them reside excepting cases where the CRUSP, of action has accrued in another district wherein the aintiff rwid;?~ in which last-mentioned cases it fsllall be lawful for the plaintiff he think proper sn to do to commence and prosecute his soit in the Court hich shall be held for the district where he himself resides.

XIV. That until the said scvwal clistricts shatl he proclaimed marked out d defined as aforesaid a Court or Courts whick shall be holden at Adelaide all have authority to decide and determine all 'suits plaints actions olfences d misderneanors that lnay arise within the aid Province and cognizable

nder this Ac t in the said district Courts of the Residcnt Magistrtttes.

XV. That each of the said Courts shall have such like and the same owers of cornpelling the attendance of wit'nesses before such Courts and of

ing and cornpelling the prdnction of book8 and writings as are now or

be possessed by the Suprelne Court of this Province and also that it

be lawfill for any of the said Courts to punish in a summary way by fine

imprisonment any person or persons guilty of any contempt before any ch Court such fine in no one case to exceed! Ten pounds and such im- isonment in no one case to exceed the period of one calendar month.

XVI. That the said Resident Magisk~ates shall have jurisdiction wi&hma

peal in ali oases wherein any person may be aeeuaed oR aDy eriae or &e.ez&

o t amounting to a felony and which may have bees couzmitfied or have:

widihin the di~trict of the Resident Magi~trrrtes befere whom. tf:

st, or aceumkion on accounB of such crime or o@nee @haill haw been

op m ta: w h h the place of thw eammittd c i ~ or?suriewe of'wxdh cdme or

offence

'.

ce shalt be jwmateria

shall not affect the right hearing determina

or .olfence: Provided always that it shai

istrate to punish any offender .in an:

e .not exceeding the amount .of 'l'el

with or without hard labor for a period no

except as to su& crimes or offences for t h or more severe punishment whether by fin

ed and in which jxisdiction is or shal

t. Magistrates by any special law c

rovince: Provided also that in a'

resaid when it shall appear that th

its nature or mqnitude one whic

1 bc lawful on the application of th and the acaised until the case sha cutor and until the Public Prosecutc case f x bhe decision of the Resider Court of competent jurisdiction.

XVII. That it shall be cor$etent for any private person to prosecute fc

any crinlc or offence within th$juriurliction of any of the Courts of Reside1

Magistrates.	4,
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XVIIT. 'J'hd. in every case ig which an offence or crime shall be prosecut, before the Hesiclent Mag of any district it shall be lawful and con

petent for the Public Pm to appear in Court and to take up the pr, secntion of such complaint nt t$e puhlic instance and thereafter to condu such proceeding as if' it had hem originally commenced at the public instant or to apply b y motioc to the ~ b i d e n t Magistrate of thedistrict in which suc

, crime or offence shall b ~ r e b+n committed to stop all further proceedin] in such case in order that a propxtion for the same crime or offence may 1 instituted at the public instant; in some other form or Court and to whit application the said Resident @agistrate is Eereby required to accede a* thereupon to stay all furthx pz;ficeedinge in such Court accordingly.

XIX. That the Clerks of the Peace of any district if appointed and

default of any ruch ilppointmen then such other person or m~nisterial offic

as may be appointed for that 6 urposc by the Governor for the time bei:	shall conduct all p b l i c prosec~&ions in ail cases of crimes and offences co
niz&le and to be tried by the:,Courts of the said Kesident Magistrates their respective districts and tBat in all cases whether civil or criminal tl witnesses on both sides shall dgliver their evidence viva rocc in open Col and such evidence shall be talreb down inwriting by the H e d e n t Magistra
m Magistrates in such manner &S to them may seem expedient or necessa
for the ends of public justice.

XX. hat every Resident ~ b ~ i s t r a t e shall hold a Court and enquire of

causes of actions crime or offen!$ which shall be brought before hirn and

which jurisdiction is hereby gi%n to him in the Court Room of his distl-I

$we on one day of the week &t least or oftener as occasion may require.

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XXI. That it shall be lawfuP for the Judge of the Supreme Court of tl Province for the time being and %om time to time to make and prescribe su other forms ruleer orders and re@lations touching and concerning the manr

and, form of proceeding in nuch:>Cou~ts not herein provided for as shttli necessary.for givin full effect tojthe jurisdiction of the said Courts and that

OP the Bench of Uagishtes for this purpose three to be a quorum shall ha the absence of the ff udw of the +id Supreme Court such Resident Mtagistrr

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power to make such other necessary	rdcs orders and regulations
as may be necessary for giving due c	e and immediate effect to this
Act but with this restriction neverthe	t such forms rules orders and
regulations zhall only obtain during th	e of the Judge of the Supreme

(:ourt and shall be laid before hi111 for his approval immediately upon his return to the Province and unless disallo+ed by him shall continue in full

force and &'	'wt.	f
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XYII. ' that fo;. the purpose of giving etfect to the judgments decrees

orders and sentences of the Court GT Cougts of Resident Magistrates from

time to time to be crc~ked r.onstituted a d tcblisktd as aforesaid scch Court

Courts shnll be and are hereby to be Cmrts of Record.

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XXIII. Ths: the Comt and Courts of :Resident Magistrates to be here-

after from time to time created constitute3 211d esteb1isi:ed by virtue of the powers a d antboritics hereinbefore contaipcrl shall have cognizance of and the said Resident Magistrate or ResidentiMagistrates to be from time to time hereafter appointed to sit therein shad have jurisdiction and are hereby empowcrcd to hear determine adjudicati a d convict in ail cases whereby any Act or Acts of the Provincc or by thqstatute law of the realrri any one or more Magistrate or Magistrates Justtee or Justices of the Peace are enabled and empowered to hear determine adjudicate and convict in a summary way and so and in such manner aid with a l i b extent of powers as such Magistrate or Magistrates Justice or Justices of the Peace is or are

thereby enabled and empowered to hear d+rmine adjudicate and convict.

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(sig$ecl) J. HINDMAGS W,

Governor.

November 17th, 1837.

Passed in Council,

(Signed) GCO. STEVENSON,

Clerk of Council.

ADELAIDE :--Printed by authority by ROBERT THOMAS and Co.,

Government Printers Hindleylstreet,